The Great Yarmouth Third River Crossing Development Consent Order 2020
S.I. 2020/1075 · Made 24 September 2020 · Extends to England, Wales and Scotland
Infrastructure Planning
Made 24th September 2020
Coming into force 15th October 2020
An application has been made to the Secretary of State under section 37 of the Planning Act 2008 M1 (“the 2008 Act”) in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 M2 for an Order granting development consent.
The application was examined by a single appointed person (appointed by the Secretary of State) in accordance with Chapter 4 of Part 6 of the 2008 Act and the Infrastructure Planning (Examination Procedure) Rules 2010 M3.
The single appointed person, having considered the representations made and not withdrawn and the application together with the accompanying documents, in accordance with section 83(1) of the 2008 Act, has submitted a report and recommendation to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The Secretary of State, having considered the representations made and not withdrawn, and the report of the single appointed person, has decided to make an Order granting development consent for the development described in the application with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, in exercise of the powers conferred by sections 114 M4, 115 M5, 117 M6, 120 M7, 122 M8, 123 M9 and 149A M10 of, and paragraphs 1 to 4, 10 to 17, 19 to 23, 26, 30A, 30B, 32, 32A, 32B, 33, 34, 36 and 37 of Part 1 of Schedule 5 M11 to the 2008 Act, makes the following Order—
Annotations to the whole text
Marginal citations
- M1
2008 c. 29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of the Localism Act 2011 (c. 20).
- M2
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. 2017/752 and S.I. 2018/378, S.I. 2019/734 and S.I 2020/764.
- M3
S.I. 2010/103, amended by S.I. 2012/635.
- M4
Section 114 was amended by paragraph 55 of Part 1 of Schedule 11 to the Localism Act 2011 (c. 20).
- M5
Section 115 was amended by paragraph 56 of Part 2 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).
- M6
Section 117 was amended by paragraph 58 of Part 1 of Schedule 13 and Part 20 of Schedule 25 to the Localism Act 2011.
- M7
Section 120 was amended by section 140 and paragraph 60 of Part 1 of Schedule 13 to the Localism Act 2011.
- M8
Section 122 was amended by paragraph 62 of Part 1 of Schedule 13 to the Localism Act 2011.
- M9
Section 123 was amended by paragraph 62 of Part 1 of Schedule 13 to the Localism Act 2011.
- M10
Section 149A was inserted by paragraph 4(1) of Part 1 of Schedule 8 to the Marine and Coastal Access Act 2009 (c. 23).
- M11
Part 1 of Schedule 5 was amended by paragraph 4 of Part 1 of Schedule 8 and Part 2 of Schedule 22 to the Marine and Coastal Access Act 2009, paragraph 71 of Part 1 of Schedule 13 to the Localism Act 2011 and paragraph 76 of Part 3 of Schedule 6 to the Wales Act 2017.
Contents
- Part 1: PRELIMINARY
- 1Citation and commencement
- 2Interpretation
- 3Disapplication of legislation, etc.
- Part 2: PRINCIPAL POWERS
- 4Development consent granted by the Order
- 5Maintenance of authorised development
- 6Limits of deviation
- 7Benefit of the Order
- 8Consent to transfer benefit of the Order
- Part 3: STREETS
- 9Power to alter layout, etc., of streets
- 10Street works
- 11Application of the 1991 Act
- 12Construction and maintenance of new, altered or diverted streets and other structures
- 13Classification of roads
- 14Permanent stopping up of streets and private means of access
- 15Temporary stopping up and restriction of use of streets
- 16Access to works
- 17Agreements with street authorities
- 18Traffic regulation measures
- 19Disapplication of obligations where undertaker is the street authority
- Part 4: SUPPLEMENTAL POWERS
- 20Discharge of water
- 21Protective works to buildings
- 22Authority to survey and investigate land
- 23Temporary suspension of navigation in connection with the authorised development
- 24Removal of vessels
- Part 5: POWERS OF ACQUISITION AND POSSESSION OF LAND
- Powers of Acquisition
- 25Compulsory acquisition of land
- 26Compulsory acquisition of land – incorporation of the mineral code
- 27Time limit for exercise of powers to possess land temporarily or to acquire land compulsorily
- 28Compulsory acquisition of rights
- 29Private rights over land
- 30Power to override easements and other rights
- 31Modification of Part 1 of the 1965 Act
- 32Application of the 1981 Act
- 33Acquisition of subsoil or airspace etc., only
- 34Rights over or under streets
- Temporary possession of land
- 35Temporary use of land for constructing the authorised development
- 36Temporary use of land for maintaining the authorised development
- Supplementary
- 37Statutory undertakers and utilities
- 38Apparatus and rights of statutory undertakers in stopped up streets
- 39Recovery of costs of new connection
- Compensation
- 40Disregard of certain interests and improvements
- 41Set off for enhancement in value of retained land
- 42No double recovery
- Part 6: OPERATIONAL PROVISIONS
- 43Operation of new bridge
- 44Extinguishment of right of navigation within the river Yare in connection with authorised development
- 45Closing the highway comprised in the new bridge and new bridge approaches
- 46Removal of vehicles
- 47Removal of falling loads and objects
- 48No apparatus in the new bridge or new bridge approaches without consent
- 49Subsidiary works and operations in the river Yare
- 50Protection against dredging
- 51Byelaws
- 52Fixed penalty notices
- Part 7: MISCELLANEOUS AND GENERAL
- 53Felling or lopping of trees
- 54Trees subject to tree preservation order or within conservation area
- 55Removal of human remains
- 56Deemed marine licence
- 57Application of landlord and tenant law
- 58Operational land for purposes of the 1990 Act
- 59Planning permission
- 60Undertaker's highway, road traffic and planning functions
- 61Defence to proceedings in respect of statutory nuisance
- 62Protective provisions
- 63Saving for Trinity House
- 64Certification of plans, etc.
- 65Service of notices
- 66Consents, agreements and approvals
- 67Arbitration
- Signature
- Schedule 1: AUTHORISED DEVELOPMENT
- Paragraph
- Schedule 2: REQUIREMENTS
- Part 1: REQUIREMENTS
- 1Interpretation
- 2Time limits
- 3Commencement of the authorised development
- 4Design of the authorised development
- 5Detailed design of specified structures
- 6Code of construction practice
- 7Landscaping and ecological management plan
- 8Existing trees and hedgerows
- 9Contamination
- 10Emergency Preparedness and Response Plan
- 11Surface water drainage
- 12Lighting
- 13Completion and availability of particular works
- 14Archaeology
- 15Preliminary navigation risk assessment
- 16Signs at vessel waiting facilities
- 17Amendments to approved details
- 18Details of consultation
- Part 2: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
- 19Interpretation
- 20Applications made under requirements
- 21Further information relating to application
- 22Appeals
- Part 3: SUPPLEMENTARY PROVISIONS
- 23Publication of requirements
- 24Service of documents
- 25Anticipatory steps relevant to specified consent
- Schedule 3: STREETS SUBJECT TO PERMANENT LAYOUT AND OTHER ALTERATIONS
- Paragraph
- Schedule 4: PERMANENT STOPPING UP OF STREETS AND PRIVATE MEANS OF ACCESS
- Paragraph
- 1STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND OTHER NEW STREETS TO BE PROVIDED
- 2STREET TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
- 3PRIVATE MEANS OF ACCESS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND OTHER NEW PRIVATE MEANS OF ACCESS TO BE PROVIDED
- 4PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
- Schedule 5: TRAFFIC REGULATION MEASURES
- Part 1: PROHIBITIONS AND RESTRICTIONS OF WAITING, LOADING, ETC.
- Paragraph
- 2DIRECTION OF TRAVEL, ENTRY, ETC.
- 3VARIATION AND REVOCATION OF EXISTING ORDERS
- Schedule 6LAND IN WHICH ONLY NEW RIGHTS MAY BE ACQUIRED
- Schedule 7: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
- Part: Compensation enactments
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Part: Application of Part 1 of the 1965 Act
- 4Paragraph 4
- 5Paragraph 5
- Schedule 8LAND IN WHICH ONLY AIRSPACE AND NEW RIGHTS MAY BE ACQUIRED
- Schedule 9LAND OF WHICH ONLY TEMPORARY POSSESSION MAY BE TAKEN
- Schedule 10: SCHEME OF OPERATION
- Part 1: PRELIMINARY
- 1Interpretation
- Part 2: OPERATIONAL PROVISIONS
- 2Bridge operations
- 3Opening requests
- 4Opening request revisions
- 5Vessels inbound
- 6Vessels outbound
- 7Large vessels
- 8Recreational vessels
- 9Emergency vessels
- 10Exceptions to obligations of undertaker
- Schedule 11: THE GREAT YARMOUTH THIRD RIVER CROSSING BYELAWS 2020
- Part 1: PRELIMINARY
- 1Citation and commencement
- 2Interpretation
- Part 2: CONDUCT AND BEHAVIOUR
- 3Smoking, etc.
- 4Unacceptable behaviour
- Part 3: ACCESS AND TRAFFIC
- 5Unauthorised access and loitering
- 6Traffic regulation
- Part 4: GENERAL
- 7Saving for authorised persons
- Schedule 12TREES SUBJECT TO TREE PRESERVATION ORDERS AND WITHIN CONSERVATION AREAS
- Schedule 13: DEEMED MARINE LICENCE
- Part 1: GENERAL
- 1Interpretation
- 2Paragraph 2
- 3Details of licensed marine activities
- Part 2: CONDITIONS
- 4Notification of commencement and completion of licensed activities
- 5Construction method statement
- 6Noise registry
- 7Cofferdam dewatering and excavation method statement
- 8Vessels
- 9Marine pollution contingency plan
- 10Piling techniques
- 11Concrete and cement
- 12Coatings and treatments
- 13Spills, etc.
- 14Dropped objects
- 15Post construction
- Part 3: PROCEDURE FOR THE DISCHARGE OF CONDITIONS
- 16Meaning of “return”
- 17Further information regarding application
- 18Determination of application
- 19Notice of determination
- 20No subsidiary dredging under the Order
- 21Anticipatory steps towards the discharge of any condition
- Schedule 14: PROTECTIVE PROVISIONS
- Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- Part 3: FOR THE PROTECTION OF ANGLIAN WATER
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- Part 4: FOR THE PROTECTION OF THE ENVIRONMENT AGENCY
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- Part 5: FOR THE PROTECTION OF THE WAVENEY, LOWER YARE AND LOTHINGLAND INTERNAL DRAINAGE BOARD
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- 48Paragraph 48
- 49Paragraph 49
- 50Paragraph 50
- Part 6: FOR THE PROTECTION OF THE GREAT YARMOUTH PORT AUTHORITY
- 51Paragraph 51
- 52Paragraph 52
- 53Paragraph 53
- 54Paragraph 54
- 55Paragraph 55
- 56Paragraph 56
- 57Paragraph 57
- 58Paragraph 58
- 59Paragraph 59
- 60Paragraph 60
- 61Paragraph 61
- 62Paragraph 62
- 63Paragraph 63
- 64Paragraph 64
- 65Paragraph 65
- 66Paragraph 66
- 67Paragraph 67
- 68Paragraph 68
- 69Paragraph 69
- 70Paragraph 70
- 71Paragraph 71
- 72Paragraph 72
- 73Paragraph 73
- 74Paragraph 74
- 75Paragraph 75
- 76Paragraph 76
- Schedule 15DOCUMENTS TO BE CERTIFIED
- Explanatory note