{
  "url": "https://openlegislation.uk/a122-lower-thames-crossing-development-consent-order-2025/schedule-2/paragraph-26",
  "json_url": "https://openlegislation.uk/a122-lower-thames-crossing-development-consent-order-2025/schedule-2/paragraph-26.json",
  "legislation": "uksi/2025/462",
  "legislation_title": "The A122 (Lower Thames Crossing) Development Consent Order 2025",
  "legislation_url": "https://openlegislation.uk/a122-lower-thames-crossing-development-consent-order-2025",
  "path": "schedule/2/paragraph/26",
  "kind": "paragraph",
  "number": "26",
  "heading": "Amendments to be made to the Code of Construction Practice and the REAC",
  "text": "(1) The Code of Construction Practice (document ref: TR010032/App/6.3) is to be amended as follows.\n(2) In paragraph 1.4.10, for “The Project is committed to avoiding, preventing, reducing or remediating for, as far as reasonably practicable, the adverse effects of the construction and operational activities of the Project on people, businesses and the natural and historic environment.”, substitute “The Project is committed to avoiding, preventing, reducing or remediating the adverse effects of the construction and operational activities of the Project on people, businesses and the natural and historic environment to the extent that is required by relevant law and policy and otherwise as far as reasonably practicable.”.\n(3) Table 7.1 (REAC table) is to be amended as set out in table 1, where—\n(a) column 1 sets out the rows to which and where in those rows the amendments are to be made;\n(b) column 2 sets out how the amendments are to be made; and\n(c) column 3 sets out the text to be substituted, inserted or omitted.\nTable 1\nWhere in Table 7.1 the amendment is to be made\nHow the amendment is to be made\nText to be substituted, inserted or omitted\nColumn 5 of row 13 (REAC ref. no. CH004)\nAt the end of column 5 of that row, insert\n“The Thatched Cottage (LB58) shall not be demolished until the undertaker has concluded an agreement with Historic England and Essex Place Services in relation to its relocation or recording. If relocation is agreed, the building shall be dismantled in accordance with a ‘relocation brief’ agreed between the undertaker, Historic England and Essex Place Services before the commencement of dismantling works. If relocation is not agreed, the demolition shall not proceed until the completion and approval of the Level 4 Historic Building Recording.\nAppraisal of Murrells Cottage (LB96) has identified that this heritage asset could be an “excellent source” of original materials for potential re-use in repairs to listed buildings in the area. Murrells Cottage shall not be demolished until the undertaker has prepared a ‘materials brief’ making provision for the retrieval and storage of salvageable fixtures, fittings and structural components. Demolition must then proceed generally in accordance with the materials brief and salvaged components must be made available for local re-use.”\nColumn 5 of row 22 (REAC ref. no. GS003)\nAfter “land instability”, insert\n“and man-made geohazards including landfill at Goshems Farm Landfill”\nColumn 5 of row 63 (REAC ref. no. LV001)\nAfter “diverted utilities,”, insert\n“will protect hedgerows and trees identified for protection from removal and otherwise”\nColumn 5 of row (REAC ref. no. LV013)\nOmit\n“where reasonably practicable”\nColumn 5 of row 90 (REAC ref. no LV028)\nOmit\n“as far as reasonably practicable”\nColumn 5 of row 99 (REAC ref. no. LV037)\nAt the first bullet point, for “as far as reasonably practicable”, substitute\n“in accordance with commitments Lv001 and LV028”\nColumn 5 of row 215 (REAC ref. no. TB012)\nOmit\n(a)“, where it is reasonably practicable to erect this number of nest boxes”; and\n(b)“, where it is reasonably practicable to erect these numbers within retained vegetation”\nColumn 5 of row 232 (REAC ref. no. TB028)\nOmit\n“, where reasonably practicable,”\nColumn 5 of row 235 (REAC ref. no. TB031)\nAfter “with a view to avoid and/or minimise impacts”, insert\n“to the extent that is required by relevant law and policy and otherwise”\n(4) At the appropriate places in Table 7.1, insert the following entries from table 2—\nTable 2\nTopic\nREAC ref. no.\nName\nOrigin\nCommitment\nAchievement criteria\nParty responsible\nStage\nSecuring mechanism in DCO\nHRA\nHR013\nMitigation of in-combination air quality effects on Epping Forest SAC along part of the M25\nExA Recommendation Report\nAppropriate technology and infrastructure would be employed to enable, if required, the enforcement authority to enforce a 60mph speed limit in a westbound direction between junctions 26 and 27 of the M25 to ensure that there is no Adverse Effect on Integrity (“AEoI”) on Epping Forest SAC as a consequence of traffic emissions leading to increases in nitrogen deposition, NOx and/or NH3. Reasonable and appropriate funding would be provided to the highway and enforcement authority to set a 60mph limit and to undertake enforcement activities. Monitoring should commence no later than 6 months after commencement of construction of the A122 Lower Thames Crossing and remain in place for a minimum period of 4 years following commencement of operation to monitor levels of NOx, NO2 and NH3 (which can be used to determine the vehicle emission related nitrogen deposition) compared to pre-operational values. Annual reporting should be undertaken and include a review of relevant evidence, such as monitoring, traffic data and regional pollution in consultation with Natural England. The 60pmh speed limit measures are to be put in place from the commencement of operation. The Secretary of State may determine, upon receipt of a written request from National Highways that has been informed and agreed through consultation with Natural England, that such measures no longer remain required at or after the point of commencement of operation to prevent an AEoI (on the basis of pre-operation monitoring and any additional assessment undertaken by National Highways). If the outcome from monitoring and updated modelling shows relevant increases in nitrogen deposition, and/or NOx and/or NH3 which would lead to an AEoI then that speed limit control and enforcement must be in place, unless otherwise agreed with Natural England.\nEstablishment of annual monitoring measure and air quality threshold required to avoid AEoI in agreement with Natural England. Provision of speed enforcement technology and infrastructure as agreed with the enforcement authority.\nNational Highways\nOperation\nEMP3 Requirement 4\nRoad Drainage and Water Environment\nRDWE 060\nWater Framework Directive Compliance – non-main watercourse\nExA Recommendation Report\nNo culvert or equivalent covered passage affecting a non-main watercourse is to be constructed until a Structure Water Framework Directive Compliance Plan (SWFDCP) has been prepared for that structure in consultation with the Lead Local Flood Authority and the Internal Drainage Board (if relevant) or any other relevant drainage authority with responsibility for the watercourse, and agreed by the Environment Agency prior to approval by the Secretary of State. A SWFDCP must contain a detailed design for the structure(s) to which it relates to show the dimensions and internal treatments for the structure and must demonstrate either:\n(a) that the proposed detailed design provides full compliance with the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 (WFD Regulations), as amended by the Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (collectively the WFD Regulations); or (b) if full WFD Regulations compliance cannot be achieved, that the proposed detailed design is accompanied by information to explain:\n(i) why compliance cannot be achieved;\n(ii) demonstrating that a derogation under Regulation 19 of the WFD Regulations can be obtained; and\n(iii) demonstrating how the conditions in Regulations 19(3), (4) and (5) are met by the proposed detailed design.\nAgreement by the Environment Agency that structures are WFD compliant or that a derogation can be obtained\nNational Highways\nConstruction\nRequirement 8\nRoad Drainage and Water Environment\nRDWE061\nDrainage Authority consultation\nExA Recommendation Report\nWhen consents and new discharges are sought under Art 19(3) ... of the dDCO the undertaker will seek the views of the drainage authority.\nDrainage authorities are consulted on Art 19(3) ... proposals\nNational Highways\nConstruction\nEMP2 Requirement 4 and Requirement 8\nGeology and Soils\nGS032\nMinerals and waste consents on land subject to compulsory acquisition or temporary possession\nExA Recommendation Report\nWhere land that is subject to a remediation or restoration condition or agreement pursuant to a minerals or waste consent is taken as a consequence of compulsory acquisition and or temporary possession, the undertaker indemnifies the former operator or beneficiary of the consent against any liability arising due to enforcement by the local planning authority , where that liability arises during and as a result of the undertaker’s possession of the land. In the case of land possessed temporarily, the indemnity ceases to have effect after the land is returned to the owner.\nNo outstanding minerals or waste non-compliance or enforcement action on land subject to compulsory acquisition or temporary possession.\nNational; Highways\nConstruction and Operation\nEMP2 and 3 Requirement 4\n(5) After row 28 (REAC ref. no. TB020) of Table 2.1 in Annex C (Preliminary Works Environmental Management Plan), insert the text from table 3—\nTable 3\nTopic\nREAC ref. no.\nName\nOrigin\nCommitment\nAchievement criteria\nParty responsible\nSecuring mechanism in DCO\nTopic\nTerrestrial Biodiversity\nTB032\nAgreements to deliver both the offsite mitigation for reintroduction of water voles and the installation and monitoring of barn owl nest boxes\nSecretary of State and ES 8.5.46 and 8.5.47\nThe undertaker is to enter into agreements with the Essex Wildlife Trust for the provision of—\n(a) an offsite project reintroducing water voles to catchments within Essex that have suffered from localised extinctions; and\n(b) a minimum of 12 artificial nest boxes for barn owls to be installed in land managed by the Essex Wildlife Trust >1.5km away from the project boundary and other major roads.\nAgreements signed by National Highways and the Essex Wildlife Trust\nNational Highways\nRequirement 4(1)\nTerrestrial Biodiversity",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Sch. 2 para. 26(4) Table 2 substituted (5.11.2025) by The A122 (Lower Thames Crossing) Development Consent (Amendment) Order 2025 (S.I. 2025/1161), arts. 1, 2(2)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Sch. 2 para. 26(4) Table 2 substituted (12.9.2025) by virtue of The A122 (Lower Thames Crossing) Development Consent (Correction) Order 2025 (S.I. 2025/1014), art. 1, Sch."
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in Sch. 2 para. 26(4) Table 2 omitted (12.9.2025) by virtue of The A122 (Lower Thames Crossing) Development Consent (Correction) Order 2025 (S.I. 2025/1014), art. 1, Sch."
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in Sch. 2 para. 26(4) Table 2 inserted (12.9.2025) by The A122 (Lower Thames Crossing) Development Consent (Correction) Order 2025 (S.I. 2025/1014), art. 1, Sch."
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 2 para. 26 in force at 15.4.2025, see art. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2025/462/schedule/2/paragraph/26",
    "retrieved_at": "2026-10-28T21:17:22.632908+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}