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The A122 (Lower Thames Crossing) Development Consent Order 2025

S.I. 2025/462 · Made 25 March 2025 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 5 November 2025.

Infrastructure Planning

Made 25th March 2025

Coming into force 15th April 2025

An application has been made to the Secretary of State, under section 37 of the Planning Act 2008f1 (“the 2008 Act”) in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009f2 for an Order granting development consent.

The application was examined by a Panel of five members (“the Panel”) in accordance with Chapter 4 of Part 6 of the 2008 Act, and the Infrastructure Planning (Examination Procedure) Rules 2010f3.

The Panel, having examined the application with the documents that accompanies the application, and considered the representations made and not withdrawn, in accordance with section 74(2) of the 2008 Act, has submitted a report and recommendation to the Secretary of State.

The Secretary of State, having considered the representations made and not withdrawn, and the report of the Panel, has decided to make an Order granting development consent for the development described in the application with modifications which in the opinion of the Secretary of State do not make any substantial changes to the proposals comprised in the application.

The Secretary of State is satisfied that replacement land (as defined in article 40(8) (special category land) of this Order) has been or will be given in exchange for parcels of common land and open space (both terms as defined in section 19(4) of the Acquisition of Land Act 1981f4) comprised within the Order land, and the replacement land has been or will be vested in the prospective seller and subject to the same rights, trusts and incidents as attach to that common land and open space, and that, accordingly, sections 131(4) and 132(4) of the 2008 Act apply.

The Secretary of State is satisfied that parcels of open space comprised within the Order land are required for the drainage of an existing highway and that the giving in exchange of other land is unnecessary, whether in the interests of the persons, if any, entitled to rights of common or other rights or in the interests of the public, and accordingly, section 131(5) of the 2008 Act applies.

In accordance with section 132(3) of the 2008 Act, the Secretary of State is satisfied, having considered the report and recommendation of the Panel, that the parcels of open space and common land comprised within the Order land, when burdened with a new right created under this Order, will be no less advantageous than they were before the making of this Order to the following persons: (a) the persons in whom they are vested; (b) other persons, if any, entitled to rights of common or other rights; and (c) the public.

The Secretary of State, in exercise of the powers conferred by sections 114f5, 115f6, 117f7, 120f8, 122f9, 123f10, 127f11, 131f12, 135, 138f13, 143, 147f14 and 150 of, and paragraphs 1 to 4, 10 to 23, 26, 30Af15, 30Bf16, 32Af17 to 33, 36 and 37 of Part 1 of Schedule 5 to, the 2008 Act, makes the following Order—

Annotations to the whole text

Footnotes

f1

2008 c. 29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of the Localism Act 2011 (c. 20).

f2

S.I. 2009/2264, amended by S.I. 2010/439, S.I. 2010/602, S.I. 2012/635, S.I. 2012/2654, S.I. 2012/2732, S.I. 2013/522, S.I. 2013/755, S.I. 2014/469, S.I. 2014/2381, S.I. 2015/377, S.I. 2015/1682, S.I. 2017/524, S.I. 2017/572, S.I. 2018/378, S.I. 2019/734, S.I. 2020/764, S.I. 20201534, S.I. 2021/978, S.I. 2022/634, S.I. 2023/1071 and S.I. 2024/332.

f3

S.I. 2010/103, amended by S.I. 2012/635 and S.I. 2024/317.

f4

1981 c. 67.

f5

Section 114 was amended by paragraph 55 of Part 1 of Schedule 11 to the Localism Act 2011.

f6

Section 115 was amended by paragraph 56 of Part 1 of Schedule 13 and Part 20 of Schedule 25 to the Localism Act 2011, section 160 of the Housing and Planning Act 2016 (c. 22) and section 43 of the Wales Act 2017 (c. 4).

f7

Section 117 was amended by paragraph 58 of Part 1 of Schedule 13 and Part 20 of Schedule 25 to the Localism Act 2011.

f8

Section 120 was amended by section 140 of, and paragraph 60 of Part 1 of Schedule 13 to, the Localism Act 2011.

f9

Section 122 was amended by paragraph 62 of Part 1 of Schedule 13 to the Localism Act 2011.

f10

Section 123 was amended by paragraph 62 of Part 1 of Schedule 13 to the Localism Act 2011.

f11

Section 127 was amended by paragraph 64 of Part 1 of Schedule 13 to the Localism Act 2011 and section 23(2) of the Growth and Infrastructure Act 2013 (c. 27).

f12

Section 131 was amended by section 24(2) of the Growth and Infrastructure Act 2013.

f13

Section 138 was amended by section 23(4) of the Growth and Infrastructure Act 2013 and S.I. 2017/1285.

f14

Section 147 was amended by paragraph 68(2) of Schedule 13 and Part 20 of Schedule 25 to the Localism Act 2011.

f15

Paragraphs 30A was inserted by paragraph 4(5) of Part 1 of Schedule 8 to the Marine and Coastal Access Act 2009 (c. 23) and amended by paragraph 76 of Part 3 of Schedule 6 to the Wales Act 2017.

f16

Paragraph 30B was inserted by paragraph 4(5) of Part 1 of Schedule 8 to the Marine and Coastal Access Act 2009 (c. 23) and amended by paragraph 76 of Part 3 of Schedule 6 to the Wales Act 2017.

f17

Paragraphs 32A and 32B were inserted by paragraph 71(3) of Part 1 of Schedule 13 to the Localism Act 2011.

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: PRINCIPAL POWERS
  5. 3Development consent, etc. granted by the Order
  6. 4Maintenance of authorised development
  7. 5Maintenance of drainage works
  8. 6Limits of deviation
  9. 7Benefit of Order
  10. 8Consent to transfer benefit of Order
  11. Part 3: STREETS
  12. 9Application of the 1991 Act
  13. 10Construction and maintenance of new, altered or diverted streets and other structures
  14. 11Access to works
  15. 12Temporary closure, alteration, diversion and restriction of use of streets
  16. 13Use of private roads for construction
  17. 14Permanent stopping up of streets and private means of access
  18. 15Classification of roads, etc.
  19. 16Clearways, speed limits and prohibitions
  20. 17Traffic regulation – local roads
  21. Part 4: SUPPLEMENTAL POWERS
  22. 18Powers in relation to relevant navigations or watercourses
  23. 19Discharge of water
  24. 20Protective work to land and buildings
  25. 21Authority to survey and investigate the land
  26. 22Removal of human remains
  27. 23Felling or lopping of trees and removal of hedgerows
  28. 24Trees subject to tree preservation orders
  29. Part 5: POWERS OF ACQUISITION AND POSSESSION OF LAND
  30. 25Compulsory acquisition of land
  31. 26Compulsory acquisition of land – incorporation of the mineral code
  32. 27Time limit for exercise of authority to acquire land compulsorily
  33. 28Compulsory acquisition of rights and imposition of restrictive covenants
  34. 29Private rights over land
  35. 30Modification of Part 1 of the 1965 Act
  36. 31Application of the 1981 Act
  37. 32Modification of the 2017 Regulations
  38. 33Acquisition of subsoil or airspace only
  39. 34Rights under or over streets
  40. 35Temporary use of land for carrying out the authorised development
  41. 36Temporary use of land for maintaining the authorised development
  42. 37Statutory undertakers
  43. 38Apparatus and rights of statutory undertakers in stopped up streets
  44. 39Recovery of costs of new connections
  45. 40Special category land
  46. 41Disregard of certain improvements, etc.
  47. 42Set off for enhancement in value of retained land
  48. 43Crown rights
  49. Part 6: OPERATIONS
  50. 44Power to operate, use and close the tunnel area
  51. 45Road user charging
  52. 46Suspension of road user charging
  53. 47No apparatus in the tunnel area without consent
  54. 48Protection of the tunnel area, etc.
  55. 49Removal of vehicles
  56. 50Removal of obstructions
  57. 51Byelaws relating to the tunnel area
  58. 52Fixed penalty notices relating to byelaws
  59. Part 7: MISCELLANEOUS AND GENERAL
  60. 53Disapplication of legislative provisions, etc.
  61. 54Designation of fen land
  62. 55Application of local legislation, etc.
  63. 56Planning permission, etc.
  64. 57Application of landlord and tenant law
  65. 58Defence to proceedings in respect of statutory nuisance
  66. 59Protection of interests
  67. 60Deemed marine licence
  68. 61SACR
  69. 62Certification of documents, etc.
  70. 63Service of notices
  71. 64Arbitration
  72. 65Financial arrangements for the Kent Downs National Landscape
  73. 66Power to override easements and other rights
  74. 67No double recovery
  75. 68Interface with waste operation permits
  76. Signature
  77. Schedule 1: AUTHORISED DEVELOPMENT
  78. 1AUTHORISED WORKS
  79. 2WORKS TO SCHEDULED MONUMENTS
  80. Schedule 2: REQUIREMENTS
  81. Part 1: REQUIREMENTS
  82. 1Interpretation
  83. 2Time limits
  84. 3Detailed design
  85. 4Construction and handover environmental management plans
  86. 5Landscaping and ecology
  87. 6Contaminated land and groundwater
  88. 7Protected species
  89. 8Surface and foul water drainage
  90. 9Historic environment
  91. 10Traffic management
  92. 11Construction travel plans
  93. 12Fencing
  94. 13Travellers’ site in Thurrock
  95. 14Traffic monitoring
  96. 15Interaction with Thurrock Flexible Generation Plant
  97. 16Carbon and energy management plan
  98. 17Passive provision for Tilbury link road
  99. 18Operation of the Orsett Cock roundabout
  100. 19Amendments to approved details
  101. 20Amendments to the control documents
  102. Part 2: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
  103. 21Applications made to the Secretary of State under Part 1
  104. 22Further information
  105. 23Details of consultation
  106. 24Register of requirements
  107. 25Anticipatory steps towards compliance with any requirement
  108. Part 3: AMENDMENTS TO BE MADE TO THE CONTROL DOCUMENTS
  109. 26Amendments to be made to the Code of Construction Practice and the REAC
  110. 27Amendments to be made to the Outline LEMP
  111. 28Amendments to be made to the Outline LEMP
  112. 29Amendments to be made to the Design Principles Document
  113. 30Amendments to be made to the Consents and Agreements Position Statement
  114. 31Amendments to be made to the SACR
  115. Schedule 3TEMPORARY CLOSURE, ALTERATION, DIVERSION AND RESTRICTION OF USE OF STREETS AND PRIVATE MEANS OF ACCESS
  116. Schedule 4: PERMANENT STOPPING UP OF STREETS AND PRIVATE MEANS OF ACCESS
  117. 1HIGHWAYS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  118. 2HIGHWAYS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS NOT TO BE PROVIDED
  119. 3OTHER STREETS OR PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  120. 4OTHER STREETS OR PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS NOT TO BE PROVIDED
  121. Schedule 5: CLASSIFICATION OF ROADS, ETC.
  122. 1SPECIAL ROADS
  123. 2TRUNK ROADS
  124. 3GLA ROADS
  125. 4CLASSIFIED ROADS
  126. 5UNCLASSIFIED ROADS
  127. 6OTHER PUBLIC RIGHTS OF WAY AND PERMISSIVE PATHS
  128. Schedule 6: TRAFFIC REGULATION MEASURES
  129. 1SPEED LIMITS
  130. 2CLEARWAYS AND OTHER RESTRICTIONS
  131. 3VARIATIONS OF EXISTING TRAFFIC REGULATION ORDERS
  132. Schedule 7TREES SUBJECT TO TREE PRESERVATION ORDERS
  133. Schedule 8LAND OF WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
  134. Schedule 9: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS
  135. 1Compensation enactments
  136. 2Compensation enactments
  137. 3Compensation enactments
  138. 4Application of Part 1 of the 1965 Act
  139. 5Application of Part 1 of the 1965 Act
  140. 6Application of the 2017 Regulations
  141. Schedule 10LAND IN WHICH ONLY SUBSOIL OR NEW RIGHTS IN AND ABOVE SUBSOIL AND SURFACE MAY BE ACQUIRED
  142. Schedule 11LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  143. Schedule 12: ROAD USER CHARGING PROVISIONS FOR USE OF THE LOWER THAMES CROSSING
  144. 1Interpretation
  145. 2Application of the Enforcement Regulations
  146. 3Imposition of charges for the tunnel area
  147. 4Payment of charges
  148. 5Payments for local residents
  149. 6Other payments
  150. 7Penalty charge for non-payment of road user charge
  151. 8Exercise of powers
  152. 9Examination of motor vehicles
  153. 10Entering motor vehicles
  154. 11Seizure
  155. 12Immobilisation of motor vehicles
  156. 13Removal, storage and disposal of motor vehicles
  157. Schedule 13: LOWER THAMES CROSSING BYELAWS
  158. Part 1: PRELIMINARY
  159. 1Citation
  160. 2Interpretation
  161. Part 2: RESTRICTIONS IN THE TUNNEL AREA
  162. 3General safety
  163. 4Traffic regulation
  164. 5Breakdowns and falling loads
  165. 6Restrictions on conduct in the tunnel area
  166. Part 3: ENFORCEMENT
  167. 7Compliance with instructions, etc.
  168. 8Identification of authorised persons
  169. 9Breaches by authorised persons
  170. 10Attempted breach
  171. Schedule 14: PROTECTIVE PROVISIONS
  172. Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  173. 1Application
  174. 2Interpretation
  175. 3On street apparatus
  176. 4Apparatus in stopped up streets
  177. 5Protective works to buildings
  178. 6Acquisition of land
  179. 7Removal of apparatus
  180. 8Facilities and rights for alternative apparatus
  181. 9Retained apparatus
  182. 10Expenses and costs
  183. 11Expenses and costs
  184. 12Co-operation
  185. 13Co-operation
  186. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  187. 14Application
  188. 15Interpretation
  189. 16Interpretation
  190. 17Interpretation
  191. Part 3: FOR THE PROTECTION OF DRAINAGE AUTHORITIES
  192. 18Application
  193. 19Interpretation
  194. 20Approval of plans
  195. 21Approval of plans
  196. 22Specified and protective works
  197. 23Maintenance of drainage works
  198. 24Expenses and indemnity
  199. 25Expenses and indemnity
  200. 26Expenses and indemnity
  201. 27Expenses and indemnity
  202. 28Disputes
  203. Part 4: FOR THE PROTECTION OF RAILWAY INTERESTS
  204. 29Application
  205. 30Interpretation
  206. 31Interpretation
  207. 32Interpretation
  208. 33Interpretation
  209. 34Interpretation
  210. 35Interpretation
  211. 36Interpretation
  212. 37Interpretation
  213. 38Interpretation
  214. 39Interpretation
  215. 40Interpretation
  216. 41Interpretation
  217. 42Interpretation
  218. 43Interpretation
  219. 44Interpretation
  220. 45Interpretation
  221. 46Interpretation
  222. 47Interpretation
  223. Part 5: FOR THE PROTECTION OF SPECIFIED GAS UNDERTAKERS
  224. 48Application
  225. 49Interpretation
  226. 50On Street apparatus
  227. 51Apparatus of the gas undertaker in stopped up streets
  228. 52Protective works to buildings
  229. 53Acquisition of land
  230. 54Removal of apparatus
  231. 55Facilities and rights for alternative apparatus
  232. 56Retained apparatus: protection of the gas undertaker
  233. 57Expenses
  234. 58Indemnity
  235. 59Enactments and agreements
  236. 60Co-operation
  237. 61Access
  238. 62Arbitration
  239. 63Notices
  240. Part 6: FOR THE PROTECTION OF NATIONAL GAS TRANSMISSION PLC AS GAS UNDERTAKER
  241. 64Application
  242. 65Interpretation
  243. 66Interpretation
  244. 67Apparatus of National Grid in stopped up streets
  245. 68Protective works to buildings
  246. 69Acquisition of land
  247. 70Removal of apparatus
  248. 71Facilities and rights for alternative apparatus
  249. 72Retained apparatus: protection of gas undertaker
  250. 73Expenses
  251. 74Indemnity
  252. 75Enactments and agreements
  253. 76Co-operation
  254. 77Access
  255. 78Arbitration
  256. 79Notices
  257. Part 7: FOR THE PROTECTION OF NATIONAL GRID ELECTRICITY TRANSMISSION PLC AS ELECTRICITY UNDERTAKER
  258. 80Application
  259. 81Interpretation
  260. 82Interpretation
  261. 83Apparatus of National Grid in stopped up streets
  262. 84Protective works to buildings
  263. 85Acquisition of land
  264. 86Removal of apparatus
  265. 87Facilities and rights for alternative apparatus
  266. 88Retained apparatus: protection of electricity undertaker
  267. 89Expenses
  268. 90Indemnity
  269. 91Enactments and agreements
  270. 92Co-operation
  271. 93Access
  272. 94Arbitration
  273. 95Notices
  274. Part 8: FOR THE PROTECTION OF THE PORT OF LONDON AUTHORITY
  275. 96Application
  276. 97Interpretation
  277. 98Approval of detailed design (excluding the tunnelling works)
  278. 99Design of, and coordination of, tunnelling works to ensure existing and future use of river Thames
  279. 100Construction of tunnelling works
  280. 101As built drawings
  281. 102Discharges etc.
  282. 103Removal of temporary works
  283. 104Protective action
  284. 105Facilities for navigation
  285. 106Use of land above the riverbed of the river Thames
  286. 107Survey of the river Thames riverbed
  287. 108Statutory functions
  288. 109Indemnity
  289. 110Disposals, etc.
  290. 111Navigational lights, buoys, etc.
  291. 112Directions as to lights
  292. 113Removal, etc. of the PLA’s moorings and buoys
  293. 114Abandoned or decayed works
  294. 115Apparatus in the tunnel area
  295. 116Disputes
  296. Part 9: FOR THE PROTECTION OF THE ENVIRONMENT AGENCY
  297. 117Application and Interpretation
  298. 118Submission and approval of plans
  299. 119Construction of protective works
  300. 120Timing of works and service of notices
  301. 121Works not in accordance with this Part
  302. 122Maintenance of works
  303. 123Remediating impaired drainage work
  304. 124Agency access
  305. 125Free passage of fish
  306. 126Indemnity
  307. 127Indemnity
  308. 128Disputes
  309. Part 10: FOR THE PROTECTION OF PORT OF TILBURY LONDON LIMITED
  310. 129Application
  311. 130Interpretation
  312. 131Approval of plans
  313. 132Approval of specified easements
  314. 133Restoration of Port land Repealed
  315. 134Consultation
  316. 135Notification of works to utilities and services affecting the Port
  317. 136Construction traffic management protocol within the Port Repealed
  318. 137Streets
  319. 138Minimising disruption to affected roads and streets within the Port
  320. 139Obstruction within the Port
  321. 140Land powers Repealed
  322. 141As-built plans
  323. 142Accumulation and erosion
  324. 143Permitting
  325. 144Port closure in emergency
  326. 145Interaction with the Tilbury2 Order Repealed
  327. 146Safeguarding of access to the Port by rail
  328. 147Disposals, etc.
  329. 148Costs
  330. 149Indemnity
  331. 150Disputes
  332. Part 11: FOR THE PROTECTION OF LOCAL HIGHWAY AUTHORITIES
  333. 151Application
  334. 152Definitions
  335. 153Design input and commencement
  336. 154Design input and commencement
  337. 155Survey reinstatement
  338. 156Inspections and testing of materials
  339. 157Road Safety Audits
  340. 158Defects in local highways constructed by the undertaker
  341. 159Provisional Certificate
  342. 160Maintenance
  343. 161Final Certificate
  344. 162Emergency Work
  345. 163Land interests
  346. 164Disputes
  347. Schedule 15: DEEMED MARINE LICENCE
  348. Part 1: INTRODUCTORY
  349. 1Interpretation
  350. 2Contact Details
  351. Part 2: LICENSABLE MARINE ACTIVITIES
  352. 3Paragraph 3
  353. 4Paragraph 4
  354. 5Paragraph 5
  355. Part 3: ENFORCEMENT
  356. 6Paragraph 6
  357. Part 4: CONDITIONS
  358. 7General conditions
  359. 8General conditions
  360. 9Distribution of copies
  361. 10Construction method statement
  362. 11Marine pollution contingency plan
  363. 12Concrete and cement
  364. 13Coatings and treatment
  365. 14Spills, etc.
  366. 15Piling techniques
  367. 16Noise registry
  368. 17Removal of temporary structures, etc.
  369. 18Notice of completion of licensable marine activity
  370. 19Licensable marine activity at Coalhouse Point
  371. Part 5: PROCEDURE FOR THE DISCHARGE OF CONDITIONS
  372. 20Meaning of “return”
  373. 21Further information regarding return
  374. 22Determination of return
  375. 23Notice of determination
  376. 24Arbitration
  377. Part 6: CHANGES TO THE DEEMED MARINE LICENCE
  378. 25Paragraph 25
  379. Schedule 16: DOCUMENTS TO BE CERTIFIED
  380. 1PLANS
  381. 2THE ENVIRONMENTAL STATEMENT AND RELATED DOCUMENTS
  382. 3OUTLINE MANAGEMENT PLANS AND RELATED CONTROL DOCUMENTS
  383. 4OTHER CERTIFIED DOCUMENTS
  384. Explanatory note