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The Lake Lothing (Lowestoft) Third Crossing Order 2020

S.I. 2020/474 · Made 30 April 2020 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 22 October 2020.

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examined the application with the documents that accompanied the application, and the representations made and not withdrawn, has, in accordance with section 74(2) M4 of the 2008 Act, made a report and recommendation to the Secretary of State.

The Secretary of State has considered the report and recommendation of the Panel and the representations made and not withdrawn.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

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Disapplication of legislation, etc.
  5. Part 2: WORKS PROVISIONS
  6. Principal powers
  7. 4Development consent, etc., granted by the Order
  8. 5Limits of deviation
  9. Streets
  10. 6Street works
  11. 7Application of the 1991 Act
  12. 8Construction and maintenance of new, altered or diverted streets and other structures
  13. 9Classification of roads, etc.
  14. 10Permanent stopping up of streets and private means of access
  15. 11Temporary stopping up and restriction of use of streets
  16. 12Access to works
  17. 13Agreements with street authorities
  18. 14Use of private roads for construction
  19. Supplemental powers
  20. 15Discharge of water
  21. 16Protective works to buildings
  22. 17Authority to survey and investigate land
  23. 18Felling or lopping of trees
  24. 19Trees subject to tree preservation orders
  25. 20Temporary suspension of navigation within Lake Lothing in connection with the authorised development
  26. 21Removal of vessels
  27. Part 3: POWERS OF ACQUISITION AND POSSESSION OF LAND
  28. Powers of acquisition
  29. 22Compulsory acquisition of land
  30. 23Crown land
  31. 24Compulsory acquisition of land – incorporation of the mineral code
  32. 25Time limit for exercise of powers to possess land temporarily or to acquire land compulsorily
  33. 26Compulsory acquisition of rights, etc.
  34. 27Acquisition of subsoil and airspace only
  35. 28Private rights over land
  36. 29Power to override easements and other rights
  37. 30Rights over or under streets
  38. 31Application of the 1981 Act
  39. 32Modification of the 1965 Act
  40. Temporary possession of land
  41. 33Temporary use of land for carrying out the authorised development
  42. 34Temporary use of land for maintaining the authorised development
  43. Supplementary
  44. 35Statutory undertakers and utilities
  45. 36Apparatus and rights of statutory undertakers and utilities in stopped up streets
  46. 37Recovery of costs of new connection
  47. Compensation
  48. 38Disregard of certain interests and improvements
  49. 39Set-off for enhancement in value of retained land
  50. 40No double recovery
  51. Part 4: OPERATIONAL PROVISIONS
  52. 41Operation of the new bridge
  53. 42Extinguishment of right of navigation within Lake Lothing in connection with authorised development
  54. 43Maintenance of authorised development
  55. 44Subsidiary works and operations in Lake Lothing
  56. 45Protection against dredging by the harbour authority
  57. 46Byelaws
  58. 47Fixed penalty notices
  59. Part 5: MISCELLANEOUS AND GENERAL
  60. 48Benefit of Order
  61. 49Transfer of benefit of Order, etc.
  62. 50Planning permission
  63. 51Saving for undertaker's highway and planning functions
  64. 52Application of landlord and tenant law
  65. 53Traffic regulation measures
  66. 54Clearways
  67. 55Deemed marine licence
  68. 56Defence to proceedings in respect of statutory nuisance
  69. 57Crown rights
  70. 58Protective provisions
  71. 59Saving for Trinity House
  72. 60Certification of documents
  73. 61Service of notices
  74. 62Arbitration
  75. 63Consents, agreements, certifications and approvals
  76. Signature
  77. Schedule 1: AUTHORISED DEVELOPMENT
  78. In the administrative area of East Suffolk Council
  79. Paragraph
  80. Paragraph
  81. Paragraph
  82. Paragraph
  83. Paragraph
  84. Paragraph
  85. Paragraph
  86. Paragraph
  87. Paragraph
  88. Paragraph
  89. Paragraph
  90. Schedule 2: REQUIREMENTS
  91. Part 1: REQUIREMENTS
  92. 1Interpretation
  93. 2Time limit for commencement of the authorised development
  94. 3Design of the authorised development
  95. 4Code of construction practice
  96. 5Landscaping scheme
  97. 6Surface water drainage
  98. 7Highways lighting
  99. 8Contaminated land and groundwater
  100. 9Mooring
  101. 10Written schemes of investigation
  102. 11Navigation risk assessment
  103. 12Traffic mitigation
  104. 13Piling works risk assessment
  105. 14New bridge operating signals
  106. 15Amendment to approved details
  107. Part 2: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
  108. 16Interpretation
  109. 17Applications made under requirements
  110. 18Further information regarding requirements
  111. 19Appeals
  112. 20Publication of requirements
  113. 21Anticipatory steps towards compliance with any requirement
  114. Schedule 3: CLASSIFICATION OF ROADS, ETC
  115. Part 1: A12 AND A146
  116. Paragraph
  117. 1A12 Waveney Drive
  118. 2A12 Lake Lothing Third Crossing Southern Roundabout
  119. 3A12 Riverside Road
  120. 4A12 Lake Lothing Third Crossing
  121. 5A12 Lake Lothing Third Crossing Northern Roundabout
  122. 6A12 Lake Lothing Third Crossing Northern Roundabout western arm (to and from Peto Way)
  123. 7A12 Roundabout (existing junction of Peto Way (C970), Barnards Way and North Quay Retail Park)
  124. 8A12 Peto Way
  125. 9A12 Roundabout (existing junction of Peto Way (C970), Barnards Way and North Quay Retail Park)
  126. 10A12 Peto Way
  127. 11A12 Roundabout (existing junction of Peto Way (C970) and Peto Way (A1117) with Normanston Drive (A1117) and Normanston Drive (A1144))
  128. 12A12 Peto Way
  129. 13A12 Roundabout (existing junction of Oulton Road, Millennium Way and Peto Way)
  130. 14A12 Millennium Way
  131. 15A12 Roundabout (existing junction of Millennium Way, Bentley Drive and Park Meadows)
  132. 16A12 Millennium Way
  133. 17A146 Bridge Road
  134. 18A146 Roundabout (existing junction of Saltwater Way (A1117), Bridge Road (A1117) and Victoria Road (B1531)
  135. 19A146 Saltwater Way
  136. 20A146 Bridge Road
  137. 21A146 Roundabout (existing junction of Bridge Road (A1117) and Commodore Road)
  138. 22A146 Bridge Road
  139. 23A146 Roundabout (existing junction of Bridge Road (A1117), Gorleston Road (B1375) and Normanston Drive (A1117))
  140. 24A146 Normanston Drive
  141. Part 2: OTHER ROADS
  142. 25C970 Lake Lothing Third Crossing Northern Roundabout northern arm (to/from Denmark Road)
  143. 26Canning Road
  144. 27New Access Road
  145. Schedule 4: PERMANENT STOPPING UP OF HIGHWAYS AND PRIVATE MEANS OF ACCESS AND PROVISION OF NEW HIGHWAYS AND PRIVATE MEANS OF ACCESS
  146. 1HIGHWAYS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW HIGHWAYS WHICH ARE OTHERWISE TO BE PROVIDED
  147. 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
  148. 3PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  149. Schedule 5TREES SUBJECT TO TREE PRESERVATION ORDERS
  150. Schedule 6: LAND IN WHICH ONLY NEW RIGHTS ETC., MAY BE ACQUIRED
  151. 1LAND IN WHICH ONLY NEW RIGHTS ETC., MAY BE ACQUIRED
  152. 2RIGHTS FOR THE BENEFIT OF CADENT
  153. Schedule 7: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  154. 1Compensation enactments
  155. 2Paragraph 2
  156. 3Paragraph 3
  157. 4Application of the 1965 Act
  158. 5Paragraph 5
  159. Schedule 8LAND IN WHICH ONLY AIRSPACE AND NEW RIGHTS MAY BE ACQUIRED
  160. Schedule 9LAND OF WHICH ONLY TEMPORARY POSSESSION MAY BE TAKEN
  161. Schedule 10: THE LOWESTOFT THIRD CROSSING BYELAWS 2020
  162. Part 1: PRELIMINARY
  163. 1Citation and commencement
  164. 2Interpretation
  165. Part 2: CONDUCT AND BEHAVIOUR
  166. 3Smoking etc.
  167. 4Unacceptable behaviour
  168. Part 3: ACCESS AND TRAFFIC
  169. 5Unauthorised access and loitering
  170. 6Traffic regulation
  171. Part 4: GENERAL
  172. 7Saving for appointed persons
  173. Schedule 11: TRAFFIC REGULATION MEASURES
  174. Part 1: SPEED LIMITS AND RESTRICTED ROADS
  175. Paragraph
  176. Paragraph
  177. 2TRAFFIC REGULATION MEASURES (CLEARWAYS AND PROHIBITIONS)
  178. 3REVOCATIONS AND VARIATIONS OF EXISTING TRAFFIC REGULATION ORDERS
  179. Schedule 12: DEEMED MARINE LICENCE
  180. Part 1: GENERAL
  181. 1Interpretation
  182. 2Paragraph 2
  183. 3Details of licensed marine activities
  184. Part 2: CONDITIONS APPLYING TO CONSTRUCTION ACTIVITIES
  185. 4Construction method statement
  186. 5Post construction
  187. Part 3: CONDITIONS APPLYING TO MAINTENANCE DREDGING TO BE UNDERTAKEN POST CONSTRUCTION
  188. 6Maintenance dredging method statement
  189. Part 4: CONDITIONS APPLYING TO ALL LICENSABLE ACTIVITIES INCLUDING CONSTRUCTION ACTIVITIES AND MAINTENANCE DREDGING ACTIVITIES
  190. 7Notification of commencement and completion of construction activities only
  191. 8Marine pollution contingency plan
  192. 9Vessels
  193. 10Concrete and cement
  194. 11Coatings and treatments
  195. 12Spills, etc.
  196. 13Scheme-wide written scheme of investigation
  197. 14Dropped objects
  198. 15Disposal at sea
  199. 16Paragraph 16
  200. 17Paragraph 17
  201. 18Paragraph 18
  202. 19Paragraph 19
  203. Part 5: PROCEDURE FOR THE DISCHARGE OF CONDITIONS
  204. 20Meaning of “application”
  205. 21Further information regarding application
  206. 22Determination of application
  207. 23Notice of determination
  208. Schedule 13: PROTECTIVE PROVISIONS
  209. Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  210. 1Paragraph 1
  211. 2Paragraph 2
  212. 3Paragraph 3
  213. 4Paragraph 4
  214. 5Paragraph 5
  215. 6Paragraph 6
  216. 7Paragraph 7
  217. 8Paragraph 8
  218. 9Paragraph 9
  219. 10Paragraph 10
  220. 11Paragraph 11
  221. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  222. 12Paragraph 12
  223. 13Paragraph 13
  224. 14Paragraph 14
  225. 15Paragraph 15
  226. 16Paragraph 16
  227. Part 3: FOR THE PROTECTION OF THE ENVIRONMENT AGENCY
  228. 17Paragraph 17
  229. 18Paragraph 18
  230. 19Paragraph 19
  231. 20Paragraph 20
  232. 21Paragraph 21
  233. 22Paragraph 22
  234. 23Paragraph 23
  235. 24Paragraph 24
  236. 25Paragraph 25
  237. 26Paragraph 26
  238. 27Paragraph 27
  239. 28Paragraph 28
  240. 29Paragraph 29
  241. 30Paragraph 30
  242. Part 4: FOR THE PROTECTION OF RAILWAY INTERESTS
  243. 31Paragraph 31
  244. 32Paragraph 32
  245. 33Paragraph 33
  246. 34Paragraph 34
  247. 35Paragraph 35
  248. 36Paragraph 36
  249. 37Paragraph 37
  250. 38Paragraph 38
  251. 39Paragraph 39
  252. 40Paragraph 40
  253. 41Paragraph 41
  254. 42Paragraph 42
  255. 43Paragraph 43
  256. 44Paragraph 44
  257. 45Paragraph 45
  258. 46Paragraph 46
  259. 47Paragraph 47
  260. 48Paragraph 48
  261. 49Paragraph 49
  262. 50Paragraph 50
  263. 51Paragraph 51
  264. 52Paragraph 52
  265. Part 5: FOR THE PROTECTION OF THE HARBOUR AUTHORITY
  266. 53Paragraph 53
  267. 54Paragraph 54
  268. 55Paragraph 55
  269. 56Paragraph 56
  270. 57Paragraph 57
  271. 58Paragraph 58
  272. 59Paragraph 59
  273. 60Paragraph 60
  274. 61Paragraph 61
  275. 62Paragraph 62
  276. 63Paragraph 63
  277. 64Paragraph 64
  278. 65Paragraph 65
  279. 66Paragraph 66
  280. 67Paragraph 67
  281. 68Paragraph 68
  282. Part 6: FOR THE PROTECTION OF ANGLIAN WATER
  283. 69Paragraph 69
  284. 70Paragraph 70
  285. 71Paragraph 71
  286. 72Paragraph 72
  287. 73Paragraph 73
  288. 74Paragraph 74
  289. 75Paragraph 75
  290. 76Paragraph 76
  291. 77Paragraph 77
  292. Part 7: FOR THE PROTECTION OF CADENT GAS LIMITED
  293. 78Application
  294. 79Interpretation
  295. 80On Street Apparatus
  296. 81Apparatus of Cadent in stopped up streets
  297. 82Protective works to buildings
  298. 83Acquisition of land
  299. 84Removal of apparatus
  300. 85Facilities and rights for alternative apparatus
  301. 86Retained apparatus: protection
  302. 87Expenses
  303. 88Indemnity
  304. 89Enactments and agreements
  305. 90Co-operation
  306. 91Access
  307. 92Arbitration
  308. Schedule 14DOCUMENTS TO BE CERTIFIED
  309. Explanatory note