OpenLegislation

The Great Yarmouth Third River Crossing Development Consent Order 2020

S.I. 2020/1075 · Made 24 September 2020 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 10 June 2021.

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The single appointed person, having considered the representations made and not withdrawn and the application together with the accompanying documents, in accordance with section 83(1) of the 2008 Act, has submitted a report and recommendation to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The Secretary of State, having considered the representations made and not withdrawn, and the report of the single appointed person, has decided to make an Order granting development consent for the development described in the application with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

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Disapplication of legislation, etc.
  5. Part 2: PRINCIPAL POWERS
  6. 4Development consent granted by the Order
  7. 5Maintenance of authorised development
  8. 6Limits of deviation
  9. 7Benefit of the Order
  10. 8Consent to transfer benefit of the Order
  11. Part 3: STREETS
  12. 9Power to alter layout, etc., of streets
  13. 10Street works
  14. 11Application of the 1991 Act
  15. 12Construction and maintenance of new, altered or diverted streets and other structures
  16. 13Classification of roads
  17. 14Permanent stopping up of streets and private means of access
  18. 15Temporary stopping up and restriction of use of streets
  19. 16Access to works
  20. 17Agreements with street authorities
  21. 18Traffic regulation measures
  22. 19Disapplication of obligations where undertaker is the street authority
  23. Part 4: SUPPLEMENTAL POWERS
  24. 20Discharge of water
  25. 21Protective works to buildings
  26. 22Authority to survey and investigate land
  27. 23Temporary suspension of navigation in connection with the authorised development
  28. 24Removal of vessels
  29. Part 5: POWERS OF ACQUISITION AND POSSESSION OF LAND
  30. Powers of Acquisition
  31. 25Compulsory acquisition of land
  32. 26Compulsory acquisition of land – incorporation of the mineral code
  33. 27Time limit for exercise of powers to possess land temporarily or to acquire land compulsorily
  34. 28Compulsory acquisition of rights
  35. 29Private rights over land
  36. 30Power to override easements and other rights
  37. 31Modification of Part 1 of the 1965 Act
  38. 32Application of the 1981 Act
  39. 33Acquisition of subsoil or airspace etc., only
  40. 34Rights over or under streets
  41. Temporary possession of land
  42. 35Temporary use of land for constructing the authorised development
  43. 36Temporary use of land for maintaining the authorised development
  44. Supplementary
  45. 37Statutory undertakers and utilities
  46. 38Apparatus and rights of statutory undertakers in stopped up streets
  47. 39Recovery of costs of new connection
  48. Compensation
  49. 40Disregard of certain interests and improvements
  50. 41Set off for enhancement in value of retained land
  51. 42No double recovery
  52. Part 6: OPERATIONAL PROVISIONS
  53. 43Operation of new bridge
  54. 44Extinguishment of right of navigation within the river Yare in connection with authorised development
  55. 45Closing the highway comprised in the new bridge and new bridge approaches
  56. 46Removal of vehicles
  57. 47Removal of falling loads and objects
  58. 48No apparatus in the new bridge or new bridge approaches without consent
  59. 49Subsidiary works and operations in the river Yare
  60. 50Protection against dredging
  61. 51Byelaws
  62. 52Fixed penalty notices
  63. Part 7: MISCELLANEOUS AND GENERAL
  64. 53Felling or lopping of trees
  65. 54Trees subject to tree preservation order or within conservation area
  66. 55Removal of human remains
  67. 56Deemed marine licence
  68. 57Application of landlord and tenant law
  69. 58Operational land for purposes of the 1990 Act
  70. 59Planning permission
  71. 60Undertaker's highway, road traffic and planning functions
  72. 61Defence to proceedings in respect of statutory nuisance
  73. 62Protective provisions
  74. 63Saving for Trinity House
  75. 64Certification of plans, etc.
  76. 65Service of notices
  77. 66Consents, agreements and approvals
  78. 67Arbitration
  79. Signature
  80. Schedule 1: AUTHORISED DEVELOPMENT
  81. Paragraph
  82. Schedule 2: REQUIREMENTS
  83. Part 1: REQUIREMENTS
  84. 1Interpretation
  85. 2Time limits
  86. 3Commencement of the authorised development
  87. 4Design of the authorised development
  88. 5Detailed design of specified structures
  89. 6Code of construction practice
  90. 7Landscaping and ecological management plan
  91. 8Existing trees and hedgerows
  92. 9Contamination
  93. 10Emergency Preparedness and Response Plan
  94. 11Surface water drainage
  95. 12Lighting
  96. 13Completion and availability of particular works
  97. 14Archaeology
  98. 15Preliminary navigation risk assessment
  99. 16Signs at vessel waiting facilities
  100. 17Amendments to approved details
  101. 18Details of consultation
  102. Part 2: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
  103. 19Interpretation
  104. 20Applications made under requirements
  105. 21Further information relating to application
  106. 22Appeals
  107. Part 3: SUPPLEMENTARY PROVISIONS
  108. 23Publication of requirements
  109. 24Service of documents
  110. 25Anticipatory steps relevant to specified consent
  111. Schedule 3: STREETS SUBJECT TO PERMANENT LAYOUT AND OTHER ALTERATIONS
  112. Paragraph
  113. Schedule 4: PERMANENT STOPPING UP OF STREETS AND PRIVATE MEANS OF ACCESS
  114. Paragraph
  115. 1STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND OTHER NEW STREETS TO BE PROVIDED
  116. 2STREET TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  117. 3PRIVATE MEANS OF ACCESS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND OTHER NEW PRIVATE MEANS OF ACCESS TO BE PROVIDED
  118. 4PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  119. Schedule 5: TRAFFIC REGULATION MEASURES
  120. Part 1: PROHIBITIONS AND RESTRICTIONS OF WAITING, LOADING, ETC.
  121. Paragraph
  122. 2DIRECTION OF TRAVEL, ENTRY, ETC.
  123. 3VARIATION AND REVOCATION OF EXISTING ORDERS
  124. Schedule 6LAND IN WHICH ONLY NEW RIGHTS MAY BE ACQUIRED
  125. Schedule 7: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  126. Part: Compensation enactments
  127. 1Paragraph 1
  128. 2Paragraph 2
  129. 3Paragraph 3
  130. Part: Application of Part 1 of the 1965 Act
  131. 4Paragraph 4
  132. 5Paragraph 5
  133. Schedule 8LAND IN WHICH ONLY AIRSPACE AND NEW RIGHTS MAY BE ACQUIRED
  134. Schedule 9LAND OF WHICH ONLY TEMPORARY POSSESSION MAY BE TAKEN
  135. Schedule 10: SCHEME OF OPERATION
  136. Part 1: PRELIMINARY
  137. 1Interpretation
  138. Part 2: OPERATIONAL PROVISIONS
  139. 2Bridge operations
  140. 3Opening requests
  141. 4Opening request revisions
  142. 5Vessels inbound
  143. 6Vessels outbound
  144. 7Large vessels
  145. 8Recreational vessels
  146. 9Emergency vessels
  147. 10Exceptions to obligations of undertaker
  148. Schedule 11: THE GREAT YARMOUTH THIRD RIVER CROSSING BYELAWS 2020
  149. Part 1: PRELIMINARY
  150. 1Citation and commencement
  151. 2Interpretation
  152. Part 2: CONDUCT AND BEHAVIOUR
  153. 3Smoking, etc.
  154. 4Unacceptable behaviour
  155. Part 3: ACCESS AND TRAFFIC
  156. 5Unauthorised access and loitering
  157. 6Traffic regulation
  158. Part 4: GENERAL
  159. 7Saving for authorised persons
  160. Schedule 12TREES SUBJECT TO TREE PRESERVATION ORDERS AND WITHIN CONSERVATION AREAS
  161. Schedule 13: DEEMED MARINE LICENCE
  162. Part 1: GENERAL
  163. 1Interpretation
  164. 2Paragraph 2
  165. 3Details of licensed marine activities
  166. Part 2: CONDITIONS
  167. 4Notification of commencement and completion of licensed activities
  168. 5Construction method statement
  169. 6Noise registry
  170. 7Cofferdam dewatering and excavation method statement
  171. 8Vessels
  172. 9Marine pollution contingency plan
  173. 10Piling techniques
  174. 11Concrete and cement
  175. 12Coatings and treatments
  176. 13Spills, etc.
  177. 14Dropped objects
  178. 15Post construction
  179. Part 3: PROCEDURE FOR THE DISCHARGE OF CONDITIONS
  180. 16Meaning of “return”
  181. 17Further information regarding application
  182. 18Determination of application
  183. 19Notice of determination
  184. 20No subsidiary dredging under the Order
  185. 21Anticipatory steps towards the discharge of any condition
  186. Schedule 14: PROTECTIVE PROVISIONS
  187. Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  188. 1Paragraph 1
  189. 2Paragraph 2
  190. 3Paragraph 3
  191. 4Paragraph 4
  192. 5Paragraph 5
  193. 6Paragraph 6
  194. 7Paragraph 7
  195. 8Paragraph 8
  196. 9Paragraph 9
  197. 10Paragraph 10
  198. 11Paragraph 11
  199. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  200. 12Paragraph 12
  201. 13Paragraph 13
  202. 14Paragraph 14
  203. 15Paragraph 15
  204. 16Paragraph 16
  205. Part 3: FOR THE PROTECTION OF ANGLIAN WATER
  206. 17Paragraph 17
  207. 18Paragraph 18
  208. 19Paragraph 19
  209. 20Paragraph 20
  210. 21Paragraph 21
  211. 22Paragraph 22
  212. 23Paragraph 23
  213. 24Paragraph 24
  214. 25Paragraph 25
  215. 26Paragraph 26
  216. 27Paragraph 27
  217. Part 4: FOR THE PROTECTION OF THE ENVIRONMENT AGENCY
  218. 28Paragraph 28
  219. 29Paragraph 29
  220. 30Paragraph 30
  221. 31Paragraph 31
  222. 32Paragraph 32
  223. 33Paragraph 33
  224. 34Paragraph 34
  225. 35Paragraph 35
  226. 36Paragraph 36
  227. 37Paragraph 37
  228. 38Paragraph 38
  229. Part 5: FOR THE PROTECTION OF THE WAVENEY, LOWER YARE AND LOTHINGLAND INTERNAL DRAINAGE BOARD
  230. 39Paragraph 39
  231. 40Paragraph 40
  232. 41Paragraph 41
  233. 42Paragraph 42
  234. 43Paragraph 43
  235. 44Paragraph 44
  236. 45Paragraph 45
  237. 46Paragraph 46
  238. 47Paragraph 47
  239. 48Paragraph 48
  240. 49Paragraph 49
  241. 50Paragraph 50
  242. Part 6: FOR THE PROTECTION OF THE GREAT YARMOUTH PORT AUTHORITY
  243. 51Paragraph 51
  244. 52Paragraph 52
  245. 53Paragraph 53
  246. 54Paragraph 54
  247. 55Paragraph 55
  248. 56Paragraph 56
  249. 57Paragraph 57
  250. 58Paragraph 58
  251. 59Paragraph 59
  252. 60Paragraph 60
  253. 61Paragraph 61
  254. 62Paragraph 62
  255. 63Paragraph 63
  256. 64Paragraph 64
  257. 65Paragraph 65
  258. 66Paragraph 66
  259. 67Paragraph 67
  260. 68Paragraph 68
  261. 69Paragraph 69
  262. 70Paragraph 70
  263. 71Paragraph 71
  264. 72Paragraph 72
  265. 73Paragraph 73
  266. 74Paragraph 74
  267. 75Paragraph 75
  268. 76Paragraph 76
  269. Schedule 15DOCUMENTS TO BE CERTIFIED
  270. Explanatory note