Article 25 Works in the river Thames: conditionsI1

England and Wales

(1)

Subject to the provisions of this article, during the construction of the authorised development the public right of navigation over any part of the river Thames that is situated within the Order limits may be temporarily suspended by the undertaker with the written approval of the PLA.

(2)

Not later than 28 business days prior to the proposed commencement date of any suspension of the public right of navigation, the undertaker must apply to the PLA for approval under paragraph (1) for such suspension (except in the case of an emergency when the undertaker must give such notice as is reasonably practicable).

(3)

An application for approval under paragraph (2) must provide details of the proposed suspension, including particulars of—

(a)

its commencement date;

(b)

its duration; and

(c)

the affected area,

and must include an explanation of the need for the proposed suspension.

(4)

The PLA may in relation to any application for approval made under paragraph (2) impose reasonable conditions for any purpose described in paragraph (5).

(5)

Conditions imposed under paragraph (4) may include conditions as to—

(a)

the limits of any area subject to a temporary suspension of the public right of navigation;

(b)

the duration of any temporary suspension;

(c)

the means of marking or otherwise providing warning in the river Thames of any area affected by a temporary suspension of the public right of navigation; and

(d)

the use by the undertaker of the area subject to any temporary suspension so as not to interfere with any other part of the river Thames or affect its use.

(6)

Following an approval of any suspension given by the PLA under this article or determined in accordance with article 49 (arbitration), the PLA must issue a notice to mariners within 12 business days of the approval, giving the commencement date and other particulars of the suspension to which the approval relates, and that suspension will take effect on the date specified and as otherwise described in the notice.

(7)

Subject to paragraph (8), an application for approval under this article is deemed to have been refused if it is neither given nor refused within 28 business days of the PLA receiving the application under paragraph (2).

(8)

An approval of the PLA under this article is not deemed to have been unreasonably withheld or delayed, if approval within the time limited by paragraph (7) has not been given pending the outcome of any consultation on the approval in question that the PLA is obliged to carry out in the proper exercise of its functions.

(9)

Notwithstanding sub-paragraphs (1) to (8), construction of the authorised development must be carried out so that—

(a)

the suspension of the public right of navigation applies to no more of the river than is necessary in the circumstances;

(b)

all reasonable steps are taken to secure that the period of suspension is kept to a minimum; and

(c)

that the minimum obstruction, delay or interference is caused to vessels or craft which may be using or intending to use the part where the public right of navigation is so suspended.

(10)

Except in the case of an emergency, the undertaker must notify the owner of any mooring and the owner or master of any vessel or structure likely to be materially affected by any proposal to exercise the powers conferred by this Order at least 35 days before the exercise of those powers.

(11)

If—

(a)

by reason of the exercise of the powers conferred by this Order it is reasonably necessary for the owner of any mooring to incur costs in temporarily or permanently altering, removing, re-siting, repositioning or reinstating that mooring, or laying down and removing substituted moorings or buoys, or carrying out dredging operations for any such purpose, not being costs which it would have incurred for any other reason; and

(b)

the owner of the mooring in question gives to the undertaker not less than 28 days’ notice of its intention to incur such costs, and acting reasonably takes into account any representations which the undertaker may make in response to the notice within 14 days of the receipt of the notice,

the undertaker must pay the costs reasonably so incurred by the owner of that mooring.

(12)

A person may not without the consent in writing of the undertaker (which may be given subject to conditions)—

(a)

use, for the purpose of landing or embarking persons or landing or loading goods from or into any vessel, any work constructed or used in connection with the authorised development; or

(b)

remove, move or otherwise interfere with any work, machinery, apparatus, tools or other things in use or intended for use in constructing the authorised development.

Annotations

Commencement

I1: Art. 25 in force at 27.11.2025, see art. 1