The Lake Lothing (Lowestoft) Third Crossing Order 2020
S.I. 2020/474 · Made 30 April 2020 · Extends to England and Wales
Infrastructure Planning
Made 30th April 2020
Coming into force 21st May 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 Panel of two members (“the Panel”) pursuant to Chapter 3 of Part 6 of the 2008 Act and carried out in accordance with Chapter 4 of Part 6 of the 2008 Act, and the Infrastructure Planning (Examination Procedure) Rules 2010 M3.
The Panel, having examined the application with the documents that accompanied the application, and the representations made and not withdrawn, has, in accordance with section 74(2) M4 of the 2008 Act, made a report and recommendation to the Secretary of State.
The Secretary of State has considered the report and recommendation of the Panel and the representations made and not withdrawn.
The Secretary of State, having decided the application, 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 M5, 115 M6, 120 M7, 122, 123 and 149A 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 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. 2017/752, S.I. 208/378.
- M3
S.I. 2010/103, amended by S.I. 2012/635.
- M4
Section 74(2) was amended by paragraph 29(1) and (3) of Part 1 of Schedule 13 to the Localism Act 2011 (c. 20).
- M5
Section 114 was amended by paragraph 55 of Part 1 of Schedule 11 to the Localism Act 2011.
- M6
Section 115 was also amended by section 160 of the Housing and Planning Act 2016 (c. 22) and section 43 of the Wales Act 2017 (c. 4).
- M7
Section 120 was also amended by section 140 and paragraph 60 of Part 1 of Schedule 12 to the Localism Act 2011.
Contents
- Part 1: PRELIMINARY
- 1Citation and commencement
- 2Interpretation
- 3Disapplication of legislation, etc.
- Part 2: WORKS PROVISIONS
- Principal powers
- 4Development consent, etc., granted by the Order
- 5Limits of deviation
- Streets
- 6Street works
- 7Application of the 1991 Act
- 8Construction and maintenance of new, altered or diverted streets and other structures
- 9Classification of roads, etc.
- 10Permanent stopping up of streets and private means of access
- 11Temporary stopping up and restriction of use of streets
- 12Access to works
- 13Agreements with street authorities
- 14Use of private roads for construction
- Supplemental powers
- 15Discharge of water
- 16Protective works to buildings
- 17Authority to survey and investigate land
- 18Felling or lopping of trees
- 19Trees subject to tree preservation orders
- 20Temporary suspension of navigation within Lake Lothing in connection with the authorised development
- 21Removal of vessels
- Part 3: POWERS OF ACQUISITION AND POSSESSION OF LAND
- Powers of acquisition
- 22Compulsory acquisition of land
- 23Crown land
- 24Compulsory acquisition of land – incorporation of the mineral code
- 25Time limit for exercise of powers to possess land temporarily or to acquire land compulsorily
- 26Compulsory acquisition of rights, etc.
- 27Acquisition of subsoil and airspace only
- 28Private rights over land
- 29Power to override easements and other rights
- 30Rights over or under streets
- 31Application of the 1981 Act
- 32Modification of the 1965 Act
- Temporary possession of land
- 33Temporary use of land for carrying out the authorised development
- 34Temporary use of land for maintaining the authorised development
- Supplementary
- 35Statutory undertakers and utilities
- 36Apparatus and rights of statutory undertakers and utilities in stopped up streets
- 37Recovery of costs of new connection
- Compensation
- 38Disregard of certain interests and improvements
- 39Set-off for enhancement in value of retained land
- 40No double recovery
- Part 4: OPERATIONAL PROVISIONS
- 41Operation of the new bridge
- 42Extinguishment of right of navigation within Lake Lothing in connection with authorised development
- 43Maintenance of authorised development
- 44Subsidiary works and operations in Lake Lothing
- 45Protection against dredging by the harbour authority
- 46Byelaws
- 47Fixed penalty notices
- Part 5: MISCELLANEOUS AND GENERAL
- 48Benefit of Order
- 49Transfer of benefit of Order, etc.
- 50Planning permission
- 51Saving for undertaker's highway and planning functions
- 52Application of landlord and tenant law
- 53Traffic regulation measures
- 54Clearways
- 55Deemed marine licence
- 56Defence to proceedings in respect of statutory nuisance
- 57Crown rights
- 58Protective provisions
- 59Saving for Trinity House
- 60Certification of documents
- 61Service of notices
- 62Arbitration
- 63Consents, agreements, certifications and approvals
- Signature
- Schedule 1: AUTHORISED DEVELOPMENT
- In the administrative area of East Suffolk Council
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Schedule 2: REQUIREMENTS
- Part 1: REQUIREMENTS
- 1Interpretation
- 2Time limit for commencement of the authorised development
- 3Design of the authorised development
- 4Code of construction practice
- 5Landscaping scheme
- 6Surface water drainage
- 7Highways lighting
- 8Contaminated land and groundwater
- 9Mooring
- 10Written schemes of investigation
- 11Navigation risk assessment
- 12Traffic mitigation
- 13Piling works risk assessment
- 14New bridge operating signals
- 15Amendment to approved details
- Part 2: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
- 16Interpretation
- 17Applications made under requirements
- 18Further information regarding requirements
- 19Appeals
- 20Publication of requirements
- 21Anticipatory steps towards compliance with any requirement
- Schedule 3: CLASSIFICATION OF ROADS, ETC
- Part 1: A12 AND A146
- Paragraph
- 1A12 Waveney Drive
- 2A12 Lake Lothing Third Crossing Southern Roundabout
- 3A12 Riverside Road
- 4A12 Lake Lothing Third Crossing
- 5A12 Lake Lothing Third Crossing Northern Roundabout
- 6A12 Lake Lothing Third Crossing Northern Roundabout western arm (to and from Peto Way)
- 7A12 Roundabout (existing junction of Peto Way (C970), Barnards Way and North Quay Retail Park)
- 8A12 Peto Way
- 9A12 Roundabout (existing junction of Peto Way (C970), Barnards Way and North Quay Retail Park)
- 10A12 Peto Way
- 11A12 Roundabout (existing junction of Peto Way (C970) and Peto Way (A1117) with Normanston Drive (A1117) and Normanston Drive (A1144))
- 12A12 Peto Way
- 13A12 Roundabout (existing junction of Oulton Road, Millennium Way and Peto Way)
- 14A12 Millennium Way
- 15A12 Roundabout (existing junction of Millennium Way, Bentley Drive and Park Meadows)
- 16A12 Millennium Way
- 17A146 Bridge Road
- 18A146 Roundabout (existing junction of Saltwater Way (A1117), Bridge Road (A1117) and Victoria Road (B1531)
- 19A146 Saltwater Way
- 20A146 Bridge Road
- 21A146 Roundabout (existing junction of Bridge Road (A1117) and Commodore Road)
- 22A146 Bridge Road
- 23A146 Roundabout (existing junction of Bridge Road (A1117), Gorleston Road (B1375) and Normanston Drive (A1117))
- 24A146 Normanston Drive
- Part 2: OTHER ROADS
- 25C970 Lake Lothing Third Crossing Northern Roundabout northern arm (to/from Denmark Road)
- 26Canning Road
- 27New Access Road
- Schedule 4: PERMANENT STOPPING UP OF HIGHWAYS AND PRIVATE MEANS OF ACCESS AND PROVISION OF NEW HIGHWAYS AND PRIVATE MEANS OF ACCESS
- 1HIGHWAYS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW HIGHWAYS WHICH ARE OTHERWISE TO BE PROVIDED
- 2PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW PRIVATE MEANS OF ACCESS WHICH ARE OTHERWISE TO BE PROVIDED
- 3PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
- Schedule 5TREES SUBJECT TO TREE PRESERVATION ORDERS
- Schedule 6: LAND IN WHICH ONLY NEW RIGHTS ETC., MAY BE ACQUIRED
- 1LAND IN WHICH ONLY NEW RIGHTS ETC., MAY BE ACQUIRED
- 2RIGHTS FOR THE BENEFIT OF CADENT
- Schedule 7: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
- 1Compensation enactments
- 2Paragraph 2
- 3Paragraph 3
- 4Application of the 1965 Act
- 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: THE LOWESTOFT THIRD 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 appointed persons
- Schedule 11: TRAFFIC REGULATION MEASURES
- Part 1: SPEED LIMITS AND RESTRICTED ROADS
- Paragraph
- Paragraph
- 2TRAFFIC REGULATION MEASURES (CLEARWAYS AND PROHIBITIONS)
- 3REVOCATIONS AND VARIATIONS OF EXISTING TRAFFIC REGULATION ORDERS
- Schedule 12: DEEMED MARINE LICENCE
- Part 1: GENERAL
- 1Interpretation
- 2Paragraph 2
- 3Details of licensed marine activities
- Part 2: CONDITIONS APPLYING TO CONSTRUCTION ACTIVITIES
- 4Construction method statement
- 5Post construction
- Part 3: CONDITIONS APPLYING TO MAINTENANCE DREDGING TO BE UNDERTAKEN POST CONSTRUCTION
- 6Maintenance dredging method statement
- Part 4: CONDITIONS APPLYING TO ALL LICENSABLE ACTIVITIES INCLUDING CONSTRUCTION ACTIVITIES AND MAINTENANCE DREDGING ACTIVITIES
- 7Notification of commencement and completion of construction activities only
- 8Marine pollution contingency plan
- 9Vessels
- 10Concrete and cement
- 11Coatings and treatments
- 12Spills, etc.
- 13Scheme-wide written scheme of investigation
- 14Dropped objects
- 15Disposal at sea
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- Part 5: PROCEDURE FOR THE DISCHARGE OF CONDITIONS
- 20Meaning of “application”
- 21Further information regarding application
- 22Determination of application
- 23Notice of determination
- Schedule 13: 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 THE ENVIRONMENT AGENCY
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- Part 4: FOR THE PROTECTION OF RAILWAY INTERESTS
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- 48Paragraph 48
- 49Paragraph 49
- 50Paragraph 50
- 51Paragraph 51
- 52Paragraph 52
- Part 5: FOR THE PROTECTION OF THE HARBOUR AUTHORITY
- 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
- Part 6: FOR THE PROTECTION OF ANGLIAN WATER
- 69Paragraph 69
- 70Paragraph 70
- 71Paragraph 71
- 72Paragraph 72
- 73Paragraph 73
- 74Paragraph 74
- 75Paragraph 75
- 76Paragraph 76
- 77Paragraph 77
- Part 7: FOR THE PROTECTION OF CADENT GAS LIMITED
- 78Application
- 79Interpretation
- 80On Street Apparatus
- 81Apparatus of Cadent in stopped up streets
- 82Protective works to buildings
- 83Acquisition of land
- 84Removal of apparatus
- 85Facilities and rights for alternative apparatus
- 86Retained apparatus: protection
- 87Expenses
- 88Indemnity
- 89Enactments and agreements
- 90Co-operation
- 91Access
- 92Arbitration
- Schedule 14DOCUMENTS TO BE CERTIFIED
- Explanatory note