The A122 (Lower Thames Crossing) Development Consent Order 2025

• (a) the requirement under the 2016 Regulations for a regulated facility to be authorised by an environmental permit; or

• (b) the right of a permit holder to make an application for a variation or surrender of an environmental permit under the 2016 regulations.

• (10) In this article—

• “the 2016 Regulations” means the Environmental Permitting (England and Wales) Regulations 2016¹⁴⁷ and unless otherwise specified, expressions used in this article have the same meaning as in those Regulations;

• “authorised activity” means any works or activities authorised by this Order, works carried out in connection with the authorised development, or the exercise by the undertaker of functions conferred by this Order;

• “charging scheme” means the Environment Agency (Environmental Permitting and Abstraction Licensing) (England) Charging Scheme 2022¹⁴⁸, and includes any subsequent amendment to that scheme or any new scheme;

• “environmental scheme” means a written scheme containing appropriate measures to ensure—the continued effective operation of the existing permit;the methods to be used to remove or separate existing waste from land subject to an existing permit or land on which an authorised activity is carried out;monitoring of land, air and water, equivalent to that required under existing permit and measures relating to surrender which arise as a result of an authorised activity;continued access arrangements, including in relation to monitoring, for the permit holder in connection with land retained by the permit holder which remains subject to the existing permit; andan equivalent level of environmental protection to that which would be provided by either the existing permit or permit conditions complying with Schedules 7, 9 and 10 of the Regulations; and

• “existing permit” means any environmental permit in respect of a waste operation whether granted under the 2016 Regulations (or any predecessor or substituted regulations) before or after the coming into force of this Order granted by the Environment Agency on or over the Order limits, excluding any environmental permit obtained by the undertaker.

SCHEDULE 1 — AUTHORISED DEVELOPMENT

PART 1 — AUTHORISED WORKS

A nationally significant infrastructure project as defined in sections 14 (nationally significant infrastructure projects: general), 16 (electric lines)¹⁴⁹, 20 (gas transporter pipe-lines) and 22 (highways)¹⁵⁰ of the 2008 Act, and associated development as defined in section 115(2) (development for which development consent may be granted)¹⁵¹ of the 2008 Act, comprising—

Work No. OH2 – as shown on sheets 4, 10, 11, 12 and 13 of the works plans and being the removal of overhead lines, between Thong Lane over the A2 (Work No. 1H) to the A226, for 2,800 metres in length.

Work No. OH3 – as shown on sheets 20, 23 and 24 of the works plans and being the overhead lines diversion works (PEA route), to include—

• (a) the permanent diversion of the overhead line underground (Work No. MU28), between the new Tilbury operational access (Work No. 5F) and along the new Tilbury viaduct (Work No. 5C) (2,200 metres);

• (b) the installation of new pylon PEA16R on the existing alignment;

• (c) the installation of sealing end platform equipment to pylon PEA07;

• (d) the dismantling of existing pylons PEA08, PEA09, PEA10, PEA11, PEA12, PEA13, PEA14, PEA15 and PEA16;

• (e) earthing works on existing pylons PEA05, PEA06 and PEA17; and

• (f) to facilitate the above: the installation of conductors, insulators and fittings between pylons PEA05, PEA06, PEA07, PEA17 (960 metres in length.

Work No. OH4 – as shown on sheets 20, 23, 24 and 27 of the works plans and being the overhead lines diversion works (ZJ Route), to include—

• (a) the permanent diversion of the overhead line between existing pylon ZJ010 and proposed new pylons ZJ011A, ZJ011B, ZJ011C, ZJ012R (890 metres);

• (b) the installation of a new pylon ZJ014R on the existing alignment;

• (c) the dismantling of existing pylons ZJ011, ZJ012 and ZJ014;

• (d) earthing works on existing pylons ZJ007 and ZJ019; and

• (e) to facilitate the above: the installation of conductors, insulators and fittings between pylons ZJ008, ZJ009, ZJ013, ZJ015, ZJ016, ZJ017 and ZJ018 (3,580 metres).

Work No. OH5 – as shown on sheets 23, 24 and 27 of the works plans and being the overhead lines diversion works (PAB route), to include—

• (a) the permanent diversion of the overhead line between existing pylons PAB12 and PAB17 and proposed new pylons PAB13R, PAB14R, PAB15R, PAB16R and PAB17R (1,455 metres);

• (b) the dismantling of existing pylons PAB13, PAB14, PAB15 and PAB16;

• (c) earthing works on existing pylons PAB11, PAB18 and PAB19; and

• (d) to facilitate the above: the installation of conductors, insulators and fittings between pylons PAB12, PAB17 and PAB18 (1,650 metres).

Work No. OH6 – as shown on sheets 24, 27, 28, 29, 33 and 34 of the works plans and being the overhead lines diversion works (YYJ route), to include—

• (a) the permanent diversion of the overhead line between existing pylon YYJ116 and proposed new pylons YYJ119R, YYJ118R, YYJ117R and YYJ116R (1,185 metres);

• (b) the dismantling of existing pylon YYJ116, YYJ117, YYJ118 and YYJ119;

• (c) earthing works on existing pylons YYJ110 and YYJ125; and

• (d) to facilitate the above: the installation of conductors, insulators and fittings between pylons YYJ124, YYJ123, YYJ122, YYJ121, YYJ120, YYJ115, YYJ114, YYJ113, YYJ112 and YYJ111 (4,750 metres).

Work No. OH7 – as shown on sheets 24, 27, 28, 29, 33, 35, 38 and 41 of the works plans and being the overhead lines diversion works (ZB route), to include—

• (a) the permanent diversion of the overhead line between proposed new pylons ZB019R, ZB020R, ZB021R, ZB022R, ZB023A, ZB023B, ZB024R, ZB025R and ZB026R (2,470 metres);

• (b) the installation of a new pylon ZB033R on the existing alignment;

• (c) the dismantling of existing pylons ZB019, ZB020, ZB021, ZB022, ZB023, ZB024, ZB025, ZB026 and ZB033;

• (d) earthing works on existing pylons ZB039 and ZB013; and

• (e) to facilitate the above: the installation of conductors, insulators and fittings between pylons ZB038, ZB037, ZB036, ZB035, ZB034, ZB032, ZB031, ZB030, ZB029, ZB028, ZB027, ZB018, ZB017, ZB016, ZB015 and ZB014 (8,360 metres).

Work No. OH8 – as shown on sheet 43 of the works plans and being the overhead lines diversion works (PB route), to include—

• (a) the permanent diversion of the overhead line between pylons PB04 and PB07 and proposed new pylons PB05R and PB06R (1,000 metres);

• (b) the dismantling of existing pylons PB06 and PB05;

• (c) earthing works on existing pylons PB03, PB04 and PB07; and

• (d) to facilitate the above: the installation of conductors, insulators and fittings between pylons PB03 and PB04 (285 metres).

Work No. G6b – as shown on sheet 32 of the works plans and being the installation of an isolation valve south of the improved A13 road (Work No. 7F).

Work No. G7 – as shown on sheets 33 and 35 of the works plans and being the installation of a high-pressure gas pipeline commencing at a point situated north of Green Lane, crossing the new A122 Lower Thames Crossing (Work No. 8A) and terminating south of the new drainage pond (Work No. 8F), for 338 metres in length.

Utilities works – Overhead Line diversion works

Work No. OH1 – as shown on sheets 6, 11 and 13 of the works plans and being the overhead lines diversion works (4YN Route), to include—

• (a) the permanent diversion of the overhead line between proposed new pylons 4YN046A, 4YN046B and 4YN047R (495 metres);

• (b) the installation of a new pylon 4YN049R on the existing alignment;

• (c) the dismantling of existing pylons 4YN049A, 4YN049, 4YN047 and 4YN046;

• (d) earthing works on existing pylons 4YN041 and 4YN052; and

• (e) to facilitate the above: the installation of conductors, insulators and fittings between pylons 4YN051, 4YN050, 4YN048, 4YN045, 4YN044, 4YN043 and 4YN042 (3,015 metres).

Utilities works – Temporary Overhead Line diversion works

Work No. OHT1 – as shown on sheets 6 and 11 of the works plans and being the temporary overhead lines diversion works (4YN Route), to include—

• (a) a temporary overhead line diversion between existing pylon 4YN050 and existing pylon 4YN048 via temporary pylons 4YN049AT (to a maximum height of 64 metres) and 4YN049T (to a maximum height of 63 metres) (775 metres); and

• (b) a temporary overhead line diversion between existing pylon 4YN048 to existing pylon 4YN045 via temporary pylons 4YN047T (to a maximum height of 55 metres) and 4YN046T (to a maximum height of 55 metres) (1,005 metres).

Utilities works – Gas pipeline works

Work No. G1a – as shown on sheets 3 and 4 of the works plans and being the installation of a medium-pressure gas pipeline commencing at a point situated north of Park Pale and terminating east of the new Thong Lane bridge over the A2 (Work No. 1H) and south of the Inn on the Lake, for 2,400 metres in length.

Work No. MU11 – as shown on sheet 4 of the works plans and being the diversion of multi-utilities, to include the installation or diversion of underground utilities within a multi-utility corridor, along the new Thong Lane (Work No. 1H) including the installation of two new electrical substations (annotated as SS2 and SS3) in a 5x5m plot at the construction area Work No. CA2 location.

Work No. MU12 – as shown on sheet 4 of the works plans and being the diversion of multi-utilities, to include the installation or diversion of underground utilities within a multi-utility corridor, along the new Thong Lane bridge (Work No. 1H).

Work No. MU13 – as shown on sheet 6 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor and the provision of two new substations (annotated as SS4 and SS5) in a 5x5m plot south of the new Cobham roundabout (Work No. 2U).

Work No. MU14 – as shown on sheet 6 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, south of the new Henhurst roundabout (Work No. 2E) and south of the new local road between Henhurst roundabout and the improved A2 mainline (Work No. 2X and 2Y) including the installation of a new electrical substation (annotated as SS6) in a 5x5m plot located south east of the new Henhurst roundabout.

Utilities works – Multi-utility diversion works

Work No. MU1 – as shown on sheet 3 of the works plans and being the diversion of multi-utilities, to include the installation or diversion of underground utilities within a multi-utility corridor, including the installation of a new substation (annotated as SS1) in a 5x5m plot west of Harlex Haulage.

Work No. MUT15 – as shown on sheets 28 and 32 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction area Work No. CA6 within a multi-corridor along Brentwood Road, for 886 metres in length.

Work No. MUT16 – as shown on sheets 28 and 29 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction area Work No. CA8 within a multi-corridor crossing A1013 road, for 1,500 metres in length.

Work No. MUT17 – as shown on sheets 28, 29 and 32 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction area Work No. CA7 within a multi-corridor crossing Hornsby Lane, for 486 metres in length.

Work No. MUT18 – as shown on sheets 28 and 29 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction area Work No. CA7 within a multi-corridor between Hornsby Lane and Heath Road, for 873 metres in length.

Work No. MUT19 – as shown on sheet 32 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections within a multi-corridor between Orsett Cock gyratory and Rectory Road, for 914 metres in length.

Work No. MUT20 – as shown on sheets 29 and 33 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction area Work No. CA8 within a multi-corridor western of A1089 road, for 1,736 metres in length.

Work No. MUT21 – as shown on sheet 33 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction areas Work No. CA9 and Work No. CA10 within a multi-corridor along Stifford Clays Road, for 1,662 metres in length.

Work No. MUT22 – as shown on sheets 33 and 35 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction area Work No. CA11 within a multi-corridor along Fen Lane, for 1,860 metres in length.

Work No. MUT23 – as shown on sheets 30, 33 and 34 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction area Work No. CA9 within a multi-corridor along Stifford Clays Road, for 785 metres in length.

Work No. MUT24 – as shown on sheets 33, 34, 35 and 36 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction area Work No. CA9 within a multi-corridor along Medebridge Road, for 3,000 metres in length.

Work No. MUT25 – as shown on sheet 35 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction area Work No. CA11 within a multi-corridor, for 931 metres in length.

Work No. MUT26 – as shown on sheets 38, 39 and 41 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction area Work No. CA13 within a multi-corridor, for 1,655 metres in length.

Work No. MUT27 – as shown on sheets 38 and 39 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction area Work No. CA13 within a multi-corridor, for 907 metres in length.

Work No. MUT28 – as shown on sheets 39, 42 and 43 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction areas Work No. CA13 and Work No. CA14 within a multi-corridor along North Road and Clay Tye Road, for 2,035 metres in length.

Work No. MUT29 – as shown on sheet 39 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction area Work No. CA14 within a multi-corridor west of North Road, for 922 metres in length.

Work No. MUT30 – as shown on sheet 42 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the temporary diversion of Ockendon Road within a multi-corridor, for 292 metres in length.

Work No. MUT31 – as shown on sheets 42 and 43 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction area CA15 within a multi-corridor along Ockendon Road, for 245 metres in length.

Work No. MUT32 – as shown on sheet 45 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction area CA16 within a multi-corridor along Warley Road, for 700 metres in length.

Work No. E33 – as shown on sheet 33 of the works plans and being the implementation of environmental mitigation works to create a site for protected species.

Work No. E34 – as shown on sheet 33 of the works plans and being the implementation of environmental mitigation works to create a site for protected species.

Work No. E35 – as shown on sheet 35 of the works plans and being the implementation of environmental mitigation works to create a site for protected species, including the construction of a new bat barn structure (BBr7).

Work No. E36 – as shown on sheets 35, 37, 38 and 41 of the works plans and being the implementation of environmental mitigation works to create a site for protected species, including the construction of a new bat barn structure (BBr8) and new ecological ponds.

Work No. E37 – as shown on sheets 35 and 37 of the works plans and being the implementation of environmental mitigation works to create a site for protected species.

Work No. E38 – as shown on sheet 36 of the works plans and being the implementation of environmental mitigation works to create a site for protected species.

Work No. E39 – as shown on sheet 37 of the works plans and being the implementation of environmental mitigation works to create a site for protected species.

Work No. E40 – as shown on sheet 38 of the works plans and being the implementation of environmental mitigation works to create a site for protected species.

Work No. E41 – as shown on sheet 39 of the works plans and being the implementation of environmental mitigation works to create a site for protected species, including the construction of new ecological ponds.

Work No. E42 – as shown on sheet 41 of the works plans and being the implementation of environmental mitigation works to create a site for protected species.

Work No. E43 – as shown on sheet 42 of the works plans and being the implementation of environmental mitigation works to create a site for protected species.

Work No. E44 – as shown on sheet 42 of the works plans and being the implementation of environmental mitigation works to create a site for protected species.

Work No. E45 – as shown on sheets 42 and 43 of the works plans and being the implementation of environmental mitigation works to create a site for protected species, including the construction of a new bat barn structure (BBr8).

Work No. E46 – as shown on sheet 43 of the works plans and being the implementation of environmental mitigation works to create a site for protected species.

Work No. E47 – as shown on sheet 44 of the works plans and being the implementation of environmental mitigation works to create a site for protected species, including the construction of new ecological ponds.

Work No. E48 – as shown on sheet 44 of the works plans and being the implementation of environmental mitigation works to create a site for protected species, including the construction of new ecological ponds.

Work No. E49 – as shown on sheets 45 and 46 of the works plans and being the implementation of environmental mitigation works to create a site for ancient woodland planting.

Work No. E50 – as shown on sheets 46 and 47 of the works plans and being the implementation of environmental mitigation works to create a site for ancient woodland planting, including the construction of new ecological ponds.

Work No. E51 – as shown on sheets 46 and 47 of the works plans and being the implementation of environmental mitigation works to create a site for protected species, including the construction of new ecological ponds.

Work No. E52 – as shown on sheets 46 and 47 of the works plans and being the implementation of environmental works to create a compensatory habitat site for nitrogen deposition.

Work No. MU53 – as shown on sheet 29 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located along Woolings Close.

Work No. MU54 – as shown on sheets 29 and 33 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located south-west of the new improved A13 road (Work No. 7F).

Work No. MU55 – as shown on sheet 29 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located along Gammonfields Way (Work No. 7U) and connecting at Long Lane.

Work No. MU56 – as shown on sheets 29 and 33 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, connecting the multi-utilities diversion Work No. MU55 and the north-east of the new realigned Stifford Clays Road (Work No. 7L).

Work No. MU57 – as shown on sheets 29 and 33 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located around the existing A13 road.

Work No. MU58 – as shown on sheet 33 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located south-west of the new realigned Stifford Clays Road (Work No. 7L).

Work No. MU59 – as shown on sheet 33 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located south-east of the new realigned Stifford Clays Road (Work No. 7L).

Work No. MU60 – as shown on sheets 33 and 34 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility within a multi-utility corridor, located along the new realigned Stifford Clays Road (Work No. 7L).

Work No. MU61 – as shown on sheet 38 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located around the new viaduct to carry the new A122 Lower Thames Crossing over the river Mardyke (Work No. 8B).

Work No. MU62 – as shown on sheet 38 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located along the new bridge to carry FP136 (Work No. 8C).

Work No. MU63 – as shown on sheets 38 and 41 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located around the new bridge to carry FP136 (Work No. 8C).

Work No. MU64 – as shown on sheets 38 and 39 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located north of the new A122 Lower Thames Crossing (Work No. 8A).

Work No. MU65 – as shown on sheet 38 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located under the new A122 Lower Thames Crossing (Work No. 8A).

Work No. MU66 – as shown on sheet 39 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located south of the new bridge to carry North Road over the new A122 Lower Thames Crossing (Work No. 8D).

Work No. MU67 – as shown on sheet 39 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located south-west of the new bridge to carry North Road over the new A122 Lower Thames Crossing (Work No. 8D).

Work No. MU68 – as shown on sheet 39 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located along the new bridge to carry North Road over the new A122 Lower Thames Crossing (Work No. 8D).

Work No. MU69 – as shown on sheet 39 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located west of the new bridge to carry North Road over the new A122 Lower Thames Crossing (Work No. 8D).

Work No. MU70 – as shown on sheet 39 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located north-west of the new bridge to carry North Road over the new A122 Lower Thames Crossing (Work No. 8D).

Work No. MU71 – as shown on sheets 39 and 40 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located north and under the new A122 Lower Thames Crossing (Work No. 9A).

Work No. MU72 – as shown on sheets 42, 43 and 44 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located between the south of Ockendon Road and St Mary’s Lane.

Work No. MU73 – as shown on sheet 42 of the works plans and being the diversion of multi- utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located south of Ockendon Road and under the new A122 Lower Thames Crossing (Work No. 9A).

Work No. MU74 – as shown on sheet 42 of the works plans and being the diversion of multi- utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located east of the M25.

Work No. MU75 – as shown on sheet 42 of the works plans and being the diversion of multi- utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located west of the M25.

Work No. MU76 – as shown on sheet 42 of the works plans and being the diversion of multi- utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located along the Ockendon Road.

Work No. MU77 – as shown on sheets 42 and 43 of the works plans and being the diversion of multi- utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located north of Ockendon Road.

Work No. MU78 – as shown on sheet 43 of the works plans and being the diversion of multi- utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located along the new public right of way over the new A122 Lower Thames Crossing (Work No. 9O).

Work No. MU79 – as shown on sheet 44 of the works plans and being the diversion of multi- utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located south of St Mary’s Lane.

Work No. MU80 – as shown on sheet 44 of the works plans and being the diversion of multi- utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located along the existing St Mary’s Lane.

Work No. MU81 – as shown on sheet 44 of the works plans and being the diversion of multi- utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located along the east of the M25 (Work No. 9E) between the existing St Mary’s Lane and Latchford Farm.

Work No. MU82 – as shown on sheet 44 of the works plans and being the diversion of multi- utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located under the M25 (Work No. 9E) and south of St Mary’s Lane.

Work No. MU83 – as shown on sheet 44 of the works plans and being the diversion of multi- utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located under the M25 (Work No. 9E) and north of St Mary’s Lane.

Work No. MU84 – as shown on sheet 44 of the works plans and being the diversion of multi- utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located south of Shoebury Railway line.

Work No. MU85 – as shown on sheet 45 of the works plans and being the diversion of multi- utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located along the new public right of way under the new A122 (Work No. 9P).

Work No. MU86 – as shown on sheets 44 and 45 of the works plans and being the diversion of multi- utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located north of Shoebury Railway line.

Work No. MU87 – as shown on sheet 45 of the works plans and being the diversion of multi- utilities, to include installation or diversion of underground utilities within a multi-utility corridor and the installation of poles and pole mounted transformers, located under and along the western side of the M25 (Work No. 9E).

Work No. MU88 – as shown on sheet 45 of the works plans and being the diversion of multi- utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located under the M25 junction 29 along the improved A127 (Work No. 9J).

Work No. MU89 – as shown on sheet 45 of the works plans and being the diversion of multi-utilities, to include the installation or diversion of underground utilities within a multi-utility corridor, located under the M25 junction 29 (Work No. 9G) and north of the improved A127 highway (Work No. 9J).

Work No. MU90 – as shown on sheet 45 of the works plans and being the diversion of multi-utilities, to include the installation or diversion of underground utilities within a multi-utility corridor, located around the new public right of way over the improved section of the A127 highway (Work No. 9Z).

Work No. MU91 – as shown on sheet 45 of the works plans and being the diversion of multi-utilities, to include the installation or diversion of underground utilities within a multi-utility corridor, located around the new public right of way over the improved section of the A127 highway (Work No. 9Y).

Work No. MU92 – as shown on sheet 46 of the works plans and being the diversion of multi-utilities, to include the installation or diversion of underground utilities within a multi-utility corridor and the installation of a pole and pole mounted transformer, located under and along the improved section of the M25 (Work No. 9E).

Utilities works – Temporary multi-utility diversion works

Work No. MUT1 – as shown on sheet 4 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction area Work No. CA2 within a multi-utility corridor located over the existing Thong Lane bridge, for 606 metres in length.

Environmental works

Work No. E1 – as shown on sheets 1 and 2 of the works plans and being the implementation of environmental works to create a compensatory habitat site for nitrogen deposition.

Temporary environmental works

Work No. ET1 – as shown on sheets 14 and 15 of the works plans and being the temporary implementation of environmental works to create a compensatory habitat site.

Open space and common land

Work No. OSC1 – as shown on sheet 3 of the works plans and being the implementation of replacement open space for Shorne Woods country park.

Flood compensation areas

Work No. FCA1 – as shown on sheet 23 of the works plans and being the construction of a new flood compensation area.

Construction areas – Main works compounds

Work No. CA1 – as shown on sheet 6 of the works plans, the establishment of a construction compound for main works, located north of Gravesend East junction, of 2,980 square metres.

Construction areas – Utility logistics hubs

Work No. ULH01 – as shown on sheets 46 and 47 of the works plans, the establishment of a utility logistics hub, located east of Folkes Lane woodland, of 13,200 square metres.

Ancillary works

For the purposes of or in connection with the construction of any of the works and other development in the Order limits, ancillary or related works and other development which is not likely to give rise to any materially new or materially different environmental effects to those assessed in the environmental statement consisting of—

• (a) alteration of the layout of any street permanently or temporarily, including increasing or reducing the width of the carriageway of any street by increasing or reducing the width of any kerb, footway, cycle track or verge within the street; and altering the level of any such kerb, footway, cycle track, or verge within the street;

• (b) works required for the strengthening, improvement, protection, repair, maintenance or reconstruction of any street, bridge, building or structure;

• (c) the remediation of any carriageway made redundant by the stopping up of any highway or means of access;

• (d) ramps, means of access (including private means of access), footpaths, footways, cycle tracks, bridleways, equestrian tracks, non-motorised user routes or links, byways open to all traffic, restricted byways, laybys and crossing facilities;

• (e) embankments, cuttings, viaducts, bridges, aprons, abutments, shafts, foundations, retaining walls, barriers (including road restraint, safety barriers), parapets, wing walls, new and replacement highway lighting, fencing, other boundary treatments including bollards, and drainage works (including carrier drains, filter drains, outfalls, lagoons, pumping stations, culverts headwalls, ditches, attenuation earthwork ditches, soakaways, pollution control devices, and catch pits);

• (f) street works, including breaking up or opening a street, or any sewer, drain or tunnel under it, and tunnelling or boring under a street;

• (g) works to place, alter, divert, relocate, remove, protect, or maintain street furniture, apparatus, services, plant and other equipment in a street, or in, under or above, other land, including mains, sewers, drains, pipes, hydrants, cables, ducts, masts, poles, associated cabinets or substations, lights, and cofferdams;

• (h) works to alter the course of, or otherwise interfere with a watercourse (excluding the river Thames);

• (i) landscaping, re-grading, re-profiling, contouring, noise barriers, works associated with the provision of ecological mitigation, and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised development;

• (j) settlement monitoring and mitigation measures for the benefit or protection of, or in relation to, any land, building or structure, including monitoring and safeguarding of existing infrastructure, utilities and services affected by the authorised development;

• (k) site preparation works, site clearance (including vegetation removal, demolition of existing structures and the creation of alternative footpaths), earthworks (including soil stripping and storage and site levelling) and remediation of any contamination;

• (l) the implementation of works to affect the processing, deposition or use of excavated material;

• (m) the establishment of construction compounds and working sites, storage areas (including storage of excavated material and other materials), temporary vehicle parking, hoarding, construction fencing, perimeter enclosure, security fencing, construction-related buildings, welfare facilities, temporary worker accommodation facilities for vehicle recovery crew, vehicle recovery, construction lighting, haulage roads; borrow pits and other buildings, machinery, apparatus, works and conveniences;

• (n) the relocation or provision of new road traffic signs, new gantries, new signage, new variable message signs, signals, emergency telephones, closed circuit television (CCTV), traffic detection equipment, weather monitoring equipment, road restraints and carriageway lane markings;

• (o) the provision of other works including pavement works, carriageway surfacing, kerbing and paved areas works, the modification or demolition of existing gantries, signs, signals road markings, traffic management measures including temporary roads, temporary earthworks and construction site accesses and such other works as are associated with the construction of the authorised development; and

• (p) such other works, working sites storage areas, works of demolition or works of whatever nature, as may be necessary or expedient for the purposes of, or for purposes associated with or ancillary to, the construction, operation or maintenance of the authorised development.

PART 2 — WORKS TO SCHEDULED MONUMENTS

Scheduled Monument	Archaeological works	Works Nos.
Coalhouse Fort battery and artillery defences (Historic England List Entry Number 1013943)	N/A	Works Nos. 5X and E15
Crop mark complex, Orsett (Historic England List Entry Number 1002134)	Full archaeological excavation, including post excavation analysis, archive deposition and publication in connection with the Scheduled Monument referred to in column 1.	Works Nos. 7L, 7K; MU13, MU56, MU58; OH6 and OH7

SCHEDULE 2 — REQUIREMENTS

PART 1 — REQUIREMENTS

Interpretation

1

• (1) In this Schedule—

• “advanced compound areas” means the areas shown as advanced compound areas in plate 3.1 of the Code of Construction Practice;

• “AMS-OWSI” means the draft Archaeological Mitigation Strategy and Outline Written Scheme of Investigation (Appendix 6.9 of the environmental statement, application document TR010032/APP/6.3)

• “Code of Construction Practice” means the Code of Construction Practice including the Register of Environmental Actions and Commitments listed in Schedule 16 (documents to be certified) and certified as the code of construction practice by the Secretary of State and which is the first iteration of an environmental management plan;

• “commence” means beginning to carry out any material operation (as defined in section 56(4) (time when development begun) of the 1990 Act) forming part of the authorised development other than preliminary works and “commencement” is to be construed accordingly; “contaminated land” has the same meaning as that given in section 78A of the Environmental Protection Act 1990¹⁵²;

• “the design principles document” means the document of that description listed in Schedule 16 (documents to be certified) and certified by the Secretary of State;

• “EMP (Second Iteration)” means the second iteration of an environmental management plan to be submitted and approved under paragraph 4(2) of this Schedule;

• “EMP (Third Iteration)” means the third iteration of an environmental management plan which is a handover environmental management plan;

• “LEMP” means a landscape and ecological management plan submitted and approved under paragraph 5(1) of this Schedule;

• “the Manual of Contract Documents for Highway Works” means the document of that name published electronically by or on behalf of the strategic highway authority for England or any equivalent replacement published for that document;

• “Mitigation Route Map” means a document providing an index to, description of, and access to plans and documents prepared pursuant to paragraphs 4, 5, 9. 10, 11 and 16 of this Schedule;

• “outline traffic management plan for construction” means the document of that description listed in Schedule 16 (documents to be certified) and certified by the Secretary of State;

• “preliminary works” means operations consisting of—archaeological investigations and pre-construction ecological mitigation (including in connection with those investigations or mitigation vegetation clearance);environmental surveys and monitoring;investigations for the purpose of assessing and monitoring ground conditions and levels;erection of any temporary means of enclosure;receipt and erection of construction plant and equipment for advanced compound areas;diversion and laying of underground apparatus (except Works Nos. G1a to G10, Work No. TFGP1, Works Nos. MU1 to MU92 and Works Nos. MUT1 to MUT32) for advanced compound areas;accesses for advanced compound areas (and vegetation clearance in connection with those accesses); andthe temporary display of site notices or information;

• “preliminary works EMP” means Annex C of the Code of Construction Practice and includes the preliminary works REAC;

• “preliminary works REAC” means those measures in the REAC applying to the preliminary works as shown in Table 2.1 of Annex C of the Code of Construction Practice; and

• “REAC” means the register of environmental actions and commitments contained in the Code of Construction Practice.

• (2) References in this Schedule to part of the authorised development are to be construed as references to stages, phases or elements of the authorised development in respect of which an application is made by the undertaker under this Schedule, and references to commencement of part of the authorised development in this Schedule are to be construed accordingly.

• (3) References to details or schemes approved under this Schedule are to be construed as references to details or schemes approved in relation to a specified part of the authorised development, as the case may be.

Time limits

2

The authorised development must begin no later than the expiration of 5 years beginning with the date that this Order comes into force.

Detailed design

3

• (1) The authorised development must be designed in detail and carried out in accordance with—

• (a) the design principles document;

• (b) the preliminary scheme design shown on the engineering drawings and sections; and

• (c) the general arrangement drawings,

unless otherwise agreed in writing by the Secretary of State following consultation by the undertaker with the relevant planning authority and, in respect of the authorised development comprising highways other than a special road or trunk road, the relevant local highway authority on matters related to their functions, provided that the Secretary of State is satisfied that any amendments to those documents showing departures from the preliminary scheme design would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

• (2) The undertaker in relation to the detailed design of the authorised development must have regard to the amended duty to further the purpose of conserving and enhancing areas of outstanding natural beauty in section 85 (general duty of public bodies etc.)¹⁵³ of the Countryside and Rights of Way Act 2000.

• (3) Where amended details are approved by the Secretary of State under sub-paragraph (1), those details are deemed to be substituted for the corresponding engineering drawings and sections and the undertaker must make those amended details available in electronic form for inspection by members of the public.

• (4) In this paragraph, “general arrangement drawings” means the general arrangement document listed in Schedule 16 (documents to be certified) and certified by the Secretary of State.

Construction and handover environmental management plans

4

• (1) The preliminary works must be carried out in accordance with the preliminary works EMP.

• (2) No part of the authorised development is to commence until an EMP (Second Iteration), substantially in accordance with the Code of Construction Practice, for that part has been submitted to and approved in writing by the Secretary of State, following consultation by the undertaker with the relevant planning authorities, relevant local highway authorities and bodies identified in Table 2.1 of the Code of Construction Practice to the extent that it relates to matters relevant to their respective functions.

• (3) The EMP (Second Iteration) must be written in accordance with ISO14001, reflect the mitigation measures set out in the REAC and must include measures or plans for the management of—

• (a) site waste (substantially in accordance with the outline site waste management plan);

• (b) handling of materials (substantially in accordance with the outline materials handling plan);

• (c) noise and vibration;

• (d) air quality;

• (e) ecology;

• (f) soils;

• (g) contaminated land;

• (h) substances hazardous to health; and

• (i) pollution prevention controls.

• (4) The construction of the relevant part of authorised development must be carried out in accordance with the EMP (Second Iteration) approved for that part.

• (5) An EMP (Third Iteration) must be developed and completed by the end of the construction, commissioning and handover stage of any part of the authorised development, in accordance with the process set out in the Code of Construction Practice.

• (6) The EMP (Third Iteration) must address the matters set out in the EMP (Second Iteration) that are relevant to the operation and maintenance of the authorised development and must, except where contained in a LEMP approved under paragraph 5 of this Schedule, contain—

• (a) the environmental information needed for the future maintenance and operation of the authorised development;

• (b) the long-term commitments to aftercare, monitoring and maintenance activities relating to the environmental features and mitigation measures that will be required to ensure the continued long-term effectiveness of the environmental mitigation measures and the prevention of unexpected environmental impacts during the operation of the authorised development; and

• (c) a record of the consents, commitments and permissions resulting from liaison with statutory bodies.

• (7) The authorised development must be operated and maintained in accordance with an EMP (Third Iteration).

• (8) Any preliminary works EMP, EMP (Second Iteration) or EMP (Third Iteration) must be accompanied by a Mitigation Route Map which must index and describe the purpose and main components of each measure or plan within it in an accessible form and relate these to the purpose and main components of the following requirements under this Part of this Schedule—

• (a) any LEMP prepared under paragraph 5 (landscape and ecology);

• (b) any draft AMS-OWSI prepared under paragraph 9 (historic environment);

• (c) any outline traffic management plan for construction prepared under paragraph 10 (traffic management);

• (d) any construction travel plan prepared under paragraph 11 (construction travel plans);

• (e) any operational traffic impact monitoring scheme prepared under paragraph 14 (traffic monitoring); and

• (f) any Carbon and energy management plan prepared under paragraph 16 (carbon and energy management plan).

• (9) In this paragraph—

• “outline materials handling plan” means the outline materials handling plan appended to the Code of Construction Practice; and

• “outline site waste management plan” means the outline site waste management plan appended to the Code of Construction Practice.

Landscaping and ecology

5

• (1) Each part of the authorised development must be landscaped in accordance with a LEMP which sets out details of all proposed hard and soft landscaping works for that part and which has been submitted to and approved in writing by the Secretary of State prior to the opening of that part, following consultation by the undertaker with the bodies listed in Table 2.1 of the outline LEMP on matters related to their respective functions.

• (2) A LEMP prepared under sub-paragraph (1) must be substantially in accordance with the outline LEMP and must—

• (a) reflect the design principles document and the mitigation measures set out in the REAC;

• (b) be based on the environmental masterplan annexed to the environmental statement; and

• (c) include details of—

• (i) location, number, species mix, size and planting density of any proposed planting;

• (ii) cultivation, importing of materials and other operations to ensure plant establishment;

• (iii) existing trees and vegetation to be retained, with measures for their protection during the construction period;

• (iv) proposed finished ground levels;

• (v) implementation timetables for landscaping works;

• (vi) commitments to aftercare, monitoring and maintenance activities relating to the landscaping and ecological features; and

• (vii) measures for the replacement, in the first available planting season, of any tree or shrub planted as part of the LEMP that, within a period of 5 years or such period as may be specified in the LEMP after the completion of the part of the authorised development to which the relevant LEMP relates, dies, becomes seriously diseased or is seriously damaged in the construction of the authorised development.

• (3) The undertaker must carry out, and maintain, each relevant part of the authorised development in accordance with the LEMP approved for that part under paragraph (1).

• (4) All landscaping works must be carried out to a reasonable standard in accordance with the relevant recommendations of appropriate British Standards or other recognised codes of good practice.

Contaminated land and groundwater

6

• (1) In the event that contaminated land, including groundwater, is found at any time when carrying out the authorised development which was not previously identified in the environmental statement, it must be reported as soon as reasonably practicable to the Secretary of State, the relevant planning authority, the relevant highway authority, and the Environment Agency, and the undertaker must complete a risk assessment of the contamination in consultation with the relevant planning authority and the Environment Agency on matters related to their respective functions.

• (2) Where the undertaker determines that remediation of the contaminated land is necessary, a written scheme and programme for the remedial measures to be taken to render the land fit for its intended purpose must be submitted to and approved in writing by the Secretary of State, following consultation by the undertaker with the relevant planning authority, relevant highway authority and the Environment Agency on matters related to their respective functions.

• (3) Remediation must be carried out in accordance with the scheme approved under sub-paragraph (2).

Protected species

7

• (1) No part of the authorised development is to begin (except environmental surveys and monitoring) until for that part final pre-construction survey work has been carried out to establish whether European or nationally protected species are present on any of the land affected or likely to be affected by that part of the authorised development, or in any of the trees and shrubs to be lopped or felled as part of the relevant works.

• (2) Following pre-construction survey work or at any time when carrying out the authorised development, where—

• (a) a protected species is shown to be present, or where there is a reasonable likelihood of it being present;

• (b) application of the relevant assessment methods used in the environmental statement show that a significant effect is likely to occur which was not previously identified in the environmental statement; and

• (c) that effect is not addressed by any prior approved scheme of protection and mitigation established in accordance with this paragraph,

the relevant parts of the relevant works must cease until a scheme of protection and mitigation measures has been submitted to and approved in writing by the Secretary of State.

• (3) The undertaker must consult with Natural England and the relevant planning authority on the scheme referred to in sub-paragraph (2) on matters related to their respective functions prior to submission to the Secretary of State for approval, except where a suitably qualified and experienced ecologist, holding where relevant and appropriate a licence relating to the species in question, determines that the relevant works do not require a protected species licence.

• (4) The relevant works under sub-paragraph (2) must be carried out in accordance with the approved scheme, unless otherwise agreed by the Secretary of State after consultation with Natural England and the relevant planning authority on matters related to their functions, and under any necessary licences.

• (5) In this paragraph—

• “European protected species” has the same meaning as in regulations 42 (European protected species of animals) and 46 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2017¹⁵⁴; and

• “nationally protected species” means any species protected under the Wildlife and Countryside Act 1981¹⁵⁵.

Surface and foul water drainage

8

• (1) No part of the authorised development is to commence until for that part written details of the surface and foul water drainage system, reflecting the mitigation measures set out in the REAC including means of pollution control, have been submitted and approved in writing by the Secretary of State following consultation by the undertaker with the Environment Agency, the lead local flood authority, the relevant planning authority and the relevant local highway authority on matters related to their respective functions.

• (2) The surface and foul water drainage system must be constructed in accordance with the details approved under paragraph (1), unless otherwise agreed in writing by the Secretary of State following consultation by the undertaker with the Environment Agency, the lead local flood authority, the relevant planning authority, the relevant local highway authority on matters related to their respective functions, provided that the Secretary of State is satisfied that any amendments to the approved details would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

Historic environment

9

• (1) No part of the authorised development is to commence until for that part a site-specific written scheme for the investigation of areas of archaeological interest, reflecting the relevant mitigation measures set out in the AMS-OWSI, has been submitted to and approved in writing by the Secretary of State, following consultation by the undertaker with the relevant planning authority and Historic England on matters related to their respective functions.

• (2) The authorised development must be carried out in accordance with the scheme referred to in sub-paragraph (1).

• (3) A copy of any analysis, reporting, publication or archiving required as part of the written scheme referred to in sub-paragraph (1) must be deposited with the Historic Environment Record of the relevant planning authority within one year of the date of completion of the authorised development or such other period as may be agreed in writing by the relevant planning authority or specified in the written scheme referred to in sub-paragraph (1).

• (4) Any archaeological remains not previously identified which are revealed when carrying out the authorised development must be retained in situ and notified to the relevant planning authority as soon as reasonably practicable from the date they are identified.

• (5) No construction operations are to take place within 10 metres of the remains referred to in sub-paragraph (4) for a period of 14 days from the date of any notification served under sub-paragraph (4).

• (6) If the relevant planning authority determines in writing that the archaeological remains require further investigation, no construction operations are to take place within 10 metres of the remains until provision has been made for the further investigation and recording of the remains in accordance with details to be submitted in writing to and approved in writing by, the relevant planning authority, such approval not be unreasonably withheld or delayed.

• (7) No part of any building listed under section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 is to be demolished until—

• (a) that part of the authorised development which requires the demolition of the building has commenced; and

• (b) a historic building record relating to that building has been submitted to and approved in writing by the Secretary of State, following consultation by the undertaker with the relevant planning authority and Historic England on matters related to their respective functions.

• (8) In this paragraph, “a historic building record” means a Level 4 record as described in the Historic England publication ‘Understanding Historic Buildings: A Guide to Good recording Practice” (2016)¹⁵⁶ or a successor document.

Traffic management

10

• (1) The preliminary works must be carried out in accordance with section 6 of the outline traffic management plan for construction.

• (2) No part of the authorised development is to commence until a traffic management plan for the construction of that part which is substantially in accordance with the outline traffic management plan for construction has been submitted to and approved in writing by the Secretary of State, following consultation by the undertaker with the relevant local highway authority and where different, the relevant planning authority and other bodies identified in Table 2.1 of the outline traffic management plan for construction on matters related to their functions.

• (3) The authorised development must be carried out in accordance with the traffic management plan referred to in sub-paragraph (2).

Construction travel plans

11

• (1) No part of the authorised development is to commence until a travel plan for the construction of that part which is substantially in accordance with the framework construction travel plan has been submitted to and approved in writing by the Secretary of State, following consultation by the undertaker with the relevant local highway authority and where different, the relevant planning authority on matters related to its function.

• (2) The authorised development must be carried out in accordance with the construction travel plan referred to in sub-paragraph (1).

• (3) In this paragraph, “framework construction travel plan” means the document of that description listed in Schedule 16 (documents to be certified) and certified by the Secretary of State.

Fencing

12

• (1) Any permanent and temporary fencing and other means of enclosure for the highway works comprising the authorised development must be constructed and installed in accordance with Volume 1, Series 0300 of the Manual of Contract Documents for Highway Works unless—

• (a) otherwise specified in the REAC; or

• (b) any departures from that manual are agreed in writing by the Secretary of State in connection with the authorised development, following consultation by the undertaker with—

• (i) the relevant planning authority; and

• (ii) in respect of the authorised development comprising highways other than a special road or trunk road, the relevant local highway authority on matters related to their respective functions.

• (2) In this paragraph, “highway works” includes the highway works comprised in Works Nos. 1A to 4B, 4D to 5W, 6A to 7Q, 7S to 9Z and excludes Works Nos. 4C, 5X, 7R, OH1 to OH8, OHT1 to OHT8, G1a to G10, TFGP1, MU1 to MU92, MUT1 to MUT32, E1 to E52, ET1, OSC1 to OSC12, FCA1 to FCA7, CA1 to CA16 and ULH01 to ULH16.

Travellers’ site in Thurrock

13

• (1) The replacement of the Gammon Field travellers’ site in Thurrock (Work No. 7R) must not commence until details of its layout and design have been submitted and approved in writing by the local planning authority, such approval not to be unreasonably withheld or delayed, following consultation by the undertaker with the local planning authority and the occupiers of the existing Gammon Field travellers’ site and any dispute as to failure to approve or over conditions is to be subject to the arbitration provisions in article 64 (arbitration).

• (2) The details submitted and approved under paragraph (1) must be in accordance with—

• (a) clause no. S11.12 of the design principles; and

• (b) any plans, details or schemes approved by the Secretary of State under this Schedule.

• (3) Work No. 7R must be carried out in accordance with the details approved under paragraph (1).

• (4) If the local planning authority which receives an application for approval under sub-paragraph (1) fails to notify the undertaker of its decision before the end of the period of 28 days beginning with the date on which the application was made, it is deemed to have granted approval.

• (5) From the date the replacement site is provided pursuant to subparagraph (1), the following conditions will apply to that site as though they were imposed under section 70(1) of the 1990 Act—

• (a) the site must be used solely as a residential Gypsy and/or Traveller caravan site and there must be no storage of scrap or other commercial vehicles, or open storage of hazardous materials, scrap materials, domestic or commercial waste or other such goods of any kind on the site;

• (b) no more than 42 caravans are to be sited on the site at any time;

• (c) the site must at all times be kept and maintained in a neat and tidy condition, and no activities must be allowed to take place which would be likely to give rise to noise, smell or other disturbances to the detriment of other occupiers of the site or other disturbance to nearby residential dwellings;

• (d) notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015¹⁵⁷, no structures of any description are to be erected at any time on site save for those whose details have been approved under paragraph (1);

• (e) the area of land forming each pitch, other than the hard standing area, will be used only as a garden area and not for the storage of any materials or any other purpose save for those whose details have been approved under paragraph (1);

• (f) there must be no direct vehicular or pedestrian access to the Al089 or A13 trunk road for any vehicle or person at any time; and

• (g) any access (vehicular and or pedestrian) and any physical barriers to control access to the site, including those whose details have been approved under paragraph (1), must be regularly maintained and kept in full working order.

• (6) The conditions imposed under paragraph (5) are capable of being the subject of any enforcement action under Part 7 of the 1990 Act and, without limitation, article 56(3) and (4) will apply to that site.

• (7) The undertaker must as soon as reasonably practicable after the provision of the replacement site in accordance with paragraph (1) exercise article 20 (compulsory acquisition of land) as applied by article 31 (application of the 1981 Act) and 32 (modification of the 2017 Regulations) of this Order to directly vest in the relevant planning authority land which may be necessary for the maintenance and operation of the site provided under subparagraph (1).

• (8) In this paragraph—

• “caravans” means caravans within the meaning of section 29(1)(a) of the Caravan Sites and Control of Development Act 1968¹⁵⁸; and

• “Gammon Field travellers’ site” means the travellers’ site located at Long Lane, Grays, Thurrock, RM16 2QH.

Traffic monitoring

14

• (1) Before the tunnel area is open for traffic, the undertaker must submit written details of an operational traffic impact monitoring scheme substantially in accordance with the wider network impacts management and monitoring plan for approval by the Secretary of State following consultation by the undertaker with the relevant local highway authority and where different, the relevant planning authority and other bodies identified in Table 2.1 of the wider network impacts management and monitoring plan on matters related to their respective functions.

• (2) The scheme under paragraph (1) must include—

• (a) details of a before and after survey to establish the baseline traffic levels and the changes in traffic;

• (b) the locations to be monitored;

• (c) the methodology to be used to collect the required data;

• (d) the periods over which operational traffic is to be monitored;

• (e) the method of assessment of traffic data; and

• (f) a programme for the provision of the collected data to the relevant local highway authorities

• (3) The scheme approved under sub-paragraph (1) must be implemented by the undertaker unless otherwise agreed with the Secretary of State following consultation by the undertaker with the relevant local highway authority and where different, the relevant planning authority and other bodies identified in Table 2.1 of the wider network impacts management and monitoring plan on matters related to their respective functions.

• (4) In this paragraph, “wider network impacts management and monitoring plan” means the document of that description listed in Schedule 16 (documents to be certified) and certified by the Secretary of State.

Interaction with Thurrock Flexible Generation Plant

15

• (1) The undertaker must not carry out Work No. TFGP1 unless the Thurrock Flexible Generation Plant Development Consent Order 2022 is commenced.

• (2) In this paragraph—

• “commenced” has the meaning given by article 2(1) of the Thurrock Flexible Generation Plant Development Consent Order 2022¹⁵⁹; and

• “Thurrock Power Ltd” means the limited company with the company number 10917470, whose registered office is at 1st Floor, 145 Kensington Church Street, London, England, W8 7LP.

Carbon and energy management plan

16

• (1) No part of the authorised development is to commence until a CEP (Second Iteration) for that part has been submitted to and approved in writing by the Secretary of State.

• (2) The CEP (Second Iteration) prepared under sub-paragraph (1) must be substantially in accordance with the CEP (First Iteration) and must—

• (a) include reasonable measures for the management and minimisation of carbon emissions during construction of the authorised development; and

• (b) specify the measures to be taken in the event of any failure to meet a target set out in the CEP (First Iteration).

• (3) The construction of the relevant part of the authorised development must be carried out in accordance with the CEP (Second Iteration) approved for that part under sub-paragraph (1).

• (4) A CEP (Third Iteration) must be submitted to and approved in writing by the Secretary of State as soon as reasonably practicable at the end of the construction, commissioning and handover stage of any part of the authorised development, in accordance with the process set out in the CEP (First Iteration).

• (5) The CEP (Third Iteration) prepared under sub-paragraph (4) must address the matters set out in the CEP (Second Iteration) that are relevant to the operation and maintenance of the authorised development and must contain the long-term commitments to manage and minimise carbon emissions during the operation and maintenance of the authorised development.

• (6) The authorised development must be operated and maintained in accordance with a CEP (Third Iteration).

• (7) In this paragraph—

• “CEP (First Iteration)” means the carbon and energy management plan listed in Schedule 16 (documents to be certified) and certified by the Secretary of State and which is the first iteration of the carbon and energy management plan;

• “CEP (Second Iteration)” means the second iteration of the carbon and energy management plan to be submitted and approved under paragraph 16(1) of this Schedule; and

• “CEP (Third Iteration)” means the third iteration of the carbon and energy plan which is a handover carbon and energy management plan.

Passive provision for Tilbury link road

17

• (1) The undertaker must undertake the detailed design of Works Nos. 5D, 5E and 5F in a manner that reasonably facilitates and accommodates a connection to the proposed Tilbury link road to the extent the route and design of proposed Tilbury link road is available prior to and up to the date of the submission of the final iteration of the detailed design of the tunnel area north of the river Thames to the design review panel pursuant to clause PRO.01 of the design principles.

• (2) Works Nos. 5D, 5E and 5F must be designed in detail and constructed by the undertaker so as to reasonably accommodate a connection with the proposed Tilbury link road in compliance with DMRB in order to reasonably accommodate a connection with the proposed Tilbury link road.

• (3) In this paragraph, “the proposed Tilbury link road” means a proposal which includes a road connection or junction onto the A122 from Tilbury which is—

• (a) reflected in a preferred route announcement by the Secretary of State;

• (b) the subject of a request for a scoping opinion, or an equivalent request made pursuant to regulations made pursuant to Part 6 of the Levelling Up and Regeneration Act 2023¹⁶⁰, submitted to Thurrock Council under regulation 15 of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017¹⁶¹, or an application to the Secretary of State under regulation 10 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017¹⁶², whether the road forms the whole or part of the subject of the request for a scoping opinion (unless the Secretary of State directs the undertaker not to consider such a proposal as the proposed Tilbury link road);