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The Silvertown Tunnel Order 2018

S.I. 2018/574 · Made 10 May 2018 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 22 February 2019.

Infrastructure Planning

Made 10th May 2018

Coming into force 31st May 2018

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 three members (“the Panel”) pursuant to Chapter 2 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examined the application with the documents that accompanied the application, and the representations made and not withdrawn, has, in accordance with section 74(2) of the 2008 Act, made a report and recommendation to the Secretary of State.

The Secretary of State, having considered the representations made and not withdrawn, and the report of the Panel, has decided to make an Order granting development consent for the development described in the application with modifications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.

In accordance with section 132(3) of the 2008 Act, the Secretary of State is satisfied, having considered the report and recommendation of the Panel, that the parcels of open space comprised within the Order land, when burdened with a new right created under this Order, will be no less advantageous than they were before the making of this Order to the following persons: (a) the persons in whom they are vested; (b) other persons, if any, entitled to rights of common or other rights; and (c) the public.

The Secretary of State, in exercise of the powers conferred by sections 114, 115, 120, 122, 123 and 149A of, and paragraphs 1 to 3, 10 to 18, 20 to 24, 26, 30A, 30B, 32A, 32B, 33, 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 and S.I. 2013/755.

M3

S.I. 2010/103, amended by S.I. 2012/635.

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: WORKS PROVISIONS
  5. Principal powers
  6. 3Disapplication of legislation, etc.
  7. 4Development consent 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
  13. 9Permanent stopping up of streets and private means of access
  14. 10Temporary stopping up and restriction of use of streets
  15. 11Access to works
  16. 12Agreements with street authorities
  17. 13Use of private roads for construction
  18. Supplemental powers
  19. 14Discharge of water
  20. 15Protective works to buildings
  21. 16Authority to survey and investigate land
  22. 17Work in the river Thames: conditions
  23. 18Felling or lopping of trees
  24. Part 3: POWERS OF ACQUISITION AND POSSESSION OF LAND
  25. Powers of acquisition
  26. 19Compulsory acquisition of land
  27. 20Compulsory acquisition of land – incorporation of the minerals code
  28. 21Time limit for exercise of powers to possess land temporarily or to acquire land compulsorily
  29. 22Compulsory acquisition of rights
  30. 23Private rights over land
  31. 24Power to override easements and other rights
  32. 25Modification of Part 1 of the 1965 Act
  33. 26Application of the 1981 Act
  34. 27Acquisition of subsoil, etc., only
  35. 28Rights over or under streets
  36. Temporary possession of land
  37. 29Temporary use of land for carrying out the authorised development
  38. 30Temporary use of land for maintaining the authorised development
  39. Supplementary
  40. 31Statutory undertakers
  41. 32Apparatus and rights of statutory undertakers in stopped up streets
  42. 33Recovery of costs of new connection
  43. 34Special category land
  44. 35Disposals by the Greater London Authority
  45. Compensation
  46. 36Disregard of certain interests and improvements
  47. 37Set-off for enhancement in value of retained land
  48. 38No double recovery
  49. Part 4: OPERATIONAL PROVISIONS
  50. 39Application of Part 4
  51. 40Maintenance of the authorised development
  52. 41Local legislation relating to the Blackwall Tunnel
  53. 42Power to operate and use the tunnels
  54. 43Closing the tunnels
  55. 44Removal of motor vehicles
  56. 45Removal of other obstructions
  57. 46Dangerous goods
  58. 47No apparatus in the Silvertown Tunnel area without consent
  59. 48Byelaws relating to the Silvertown Tunnel area and the Blackwall Tunnel area
  60. 49Fixed penalty notices
  61. 50Classification of roads, etc.
  62. 51Operational land for purposes of the 1990 Act
  63. 52Restrictions on other works in the river Thames
  64. Part 5: USER CHARGING
  65. 53The charging policy
  66. 54Power to charge for use of the tunnels
  67. 55Payment and recovery of charges and penalty charges
  68. 56Penalty charges, examination of motor vehicles, etc.
  69. 57Application by TfL of charges levied
  70. Part 6: MISCELLANEOUS AND GENERAL
  71. 58Benefit of Order
  72. 59Transfer of benefit of Order, etc.
  73. 60Application of landlord and tenant law
  74. 61Traffic regulation measures
  75. 62Deemed marine licence
  76. 63Defence to proceedings in respect of statutory nuisance
  77. 64Protective provisions
  78. 65Certification of documents
  79. 66Silvertown Tunnel Implementation Group
  80. 67Service of notices
  81. 68Arbitration
  82. 69Consents, agreements and approvals
  83. Signature
  84. Schedule 1: AUTHORISED DEVELOPMENT
  85. Paragraph
  86. Paragraph
  87. Paragraph
  88. Paragraph
  89. Paragraph
  90. Paragraph
  91. Paragraph
  92. Paragraph
  93. Paragraph
  94. Paragraph
  95. Paragraph
  96. Paragraph
  97. Paragraph
  98. Paragraph
  99. Paragraph
  100. Paragraph
  101. Paragraph
  102. Paragraph
  103. Paragraph
  104. Paragraph
  105. Paragraph
  106. Paragraph
  107. Paragraph
  108. Paragraph
  109. Paragraph
  110. Paragraph
  111. Schedule 2: REQUIREMENTS
  112. Part 1: REQUIREMENTS
  113. 1Interpretation
  114. 2Time limit for commencement of the authorised development
  115. 3Design principles and design review panel
  116. 4Detailed design of above ground buildings and structures
  117. 5Code of construction practice and related plans and strategies
  118. 6Landscaping scheme
  119. 7Monitoring and mitigation strategy
  120. 8Surface water drainage details
  121. 9External lighting details
  122. 10Signage strategy
  123. 11Flood risk assessment
  124. 12Operational noise mitigation measures
  125. 13Siebert Road and Westcombe Hill area noise barriers
  126. 14Cross-river bus services
  127. 15Cross-river cycle/pedestrian facilities
  128. 16Biodiversity action plan and mitigation strategy
  129. 17Contaminated land
  130. 18Hazardous substances – East Greenwich Gasholder site
  131. 19Hazardous substances – Brenntag Chemicals site
  132. 20Re-use of excavated material on-site
  133. 21Local business transitional support
  134. Part 2: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
  135. 22Interpretation
  136. 23Applications made under requirements
  137. 24Further information regarding requirements
  138. 25Appeals
  139. Schedule 3: PERMANENT STOPPING UP OF HIGHWAYS AND PRIVATE MEANS OF ACCESS
  140. 1HIGHWAYS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW HIGHWAYS WHICH ARE OTHERWISE TO BE PROVIDED
  141. 2HIGHWAYS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  142. 3PRIVATE 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
  143. 4PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  144. Schedule 4LAND IN WHICH ONLY NEW RIGHTS MAY BE ACQUIRED
  145. Schedule 5: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  146. Part: Compensation enactments
  147. 1Paragraph 1
  148. 2Paragraph 2
  149. 3Paragraph 3
  150. Part: Application of Part 1 of the 1965 Act
  151. 4Paragraph 4
  152. 5Paragraph 5
  153. Schedule 6LAND IN WHICH ONLY SUBSOIL OR NEW RIGHTS ABOVE SUBSOIL AND SURFACE MAY BE ACQUIRED
  154. Schedule 7LAND OF WHICH ONLY TEMPORARY POSSESSION MAY BE TAKEN
  155. Schedule 8: REMOVAL OF MOTOR VEHICLES AND RECOVERY OF PENALTY CHARGES
  156. Part 1: PRELIMINARY
  157. 1Paragraph 1
  158. Part 2: REPRESENTATIONS AND APPEALS IN RELATION TO THE REMOVAL OF MOTOR VEHICLES
  159. 2Persons to whom Part 2 applies
  160. 3Right to make representations
  161. 4Right to appeal to an adjudicator
  162. Part 3: RECOVERY OF PENALTY CHARGES
  163. 5Penalty charge notices
  164. 6Representations against penalty charge notice
  165. 7Cancellation of penalty charge notice
  166. 8Rejection of representations against penalty charge notice
  167. 9Adjudication by an adjudicator
  168. 10Charge certificates
  169. 11Enforcement of charge certificate
  170. 12Invalid notices
  171. 13Enforcement by execution
  172. 14Paragraph 14
  173. 15Service by post
  174. 16Procedure
  175. Schedule 9: BLACKWALL AND SILVERTOWN TUNNELS BYELAWS
  176. Part 1: PRELIMINARY
  177. 1Citation and commencement
  178. 2Interpretation
  179. Part 2: CONDUCT AND BEHAVIOUR
  180. 3Smoking etc.
  181. 4Unacceptable behaviour
  182. Part 3: EQUIPMENT AND SAFETY
  183. 5General safety
  184. Part 4: ACCESS AND TRAFFIC
  185. 6Unauthorised access and loitering
  186. 7Traffic regulation
  187. 8Dangerous goods
  188. Part 5: ENFORCEMENT, ETC.
  189. 9Name and address
  190. 10Compliance with instructions and notices, etc.
  191. 11Identification of authorised persons
  192. 12Breaches by authorised persons
  193. 13Attempted breach
  194. Schedule 10: CLASSIFICATION OF ROADS, ETC.
  195. Part 1: CLASSIFICATION AND DESIGNATION OF GLA ROADS (TRANSPORT FOR LONDON ROAD NETWORK)
  196. Paragraph
  197. 1A12 Blackwall Tunnel Southern Approach Southbound
  198. 2A12 Blackwall Tunnel Southern Approach Northbound
  199. 3A12 Crossover between Blackwall Tunnel Southern Approach Northbound and Southbound Carriageways
  200. 4Pavilion Lane (Realigned) (to Millennium Way)
  201. 5Pavilion Lane (Realigned) (from Millennium Way)
  202. 6A102 Silvertown Tunnel Southern Approach Northbound
  203. 7A102 Silvertown Tunnel Southern Approach Southbound
  204. 8A102 The Silvertown Tunnel Northbound
  205. 9A102 The Silvertown Tunnel Southbound
  206. 10A102 The Silvertown Tunnel Northern Approach Northbound
  207. 11A102 The Silvertown Tunnel Northern Approach Southbound
  208. 12A102 Silvertown Way Off-Slip (Dedicated Left Turn)
  209. 13A102 Tidal Basin Roundabout
  210. 14A102 Lower Lea Crossing Eastbound
  211. 15A102 Lower Lea Crossing Westbound
  212. 16A102 Lower Lea Crossing (Eastbound and Westbound)
  213. 17A102 Leamouth Circus Roundabout
  214. 18A102 Leamouth Road (Northbound and Southbound)
  215. 19A12 Blackwall Tunnel Northern Approach Southbound
  216. 20A12 Blackwall Tunnel Northern Approach Northbound
  217. 21A12 Blackwall Tunnel Southbound
  218. 22A12 Blackwall Tunnel Northbound
  219. Part 2: RE-DESIGNATION OF GLA ROAD AS A LOCAL AUTHORITY (‘BOROUGH’) ROAD
  220. Paragraph
  221. 23Tunnel Avenue
  222. Schedule 11: TRAFFIC REGULATION MEASURES, ETC.
  223. Part 1: SPEED LIMITS AND RESTRICTED ROADS
  224. Paragraph
  225. Paragraph
  226. 2TRAFFIC REGULATION MEASURES (CLEARWAYS AND PROHIBITIONS)
  227. 3PRESCRIBED ROUTES
  228. 4REVOCATIONS & VARIATIONS OF EXISTING TRAFFIC REGULATION ORDERS
  229. 5VARIATIONS OF EXISTING TRAFFIC REGULATION ORDERS DUE TO ROAD RE-CLASSIFICATION
  230. Schedule 12: DEEMED MARINE LICENCE
  231. Part 1: GENERAL
  232. 1Interpretation
  233. 2Contacts
  234. 3Details of licensed marine activities
  235. Part 2: CONDITIONS APPLYING TO CONSTRUCTION ACTIVITIES
  236. 4Benthic ecology monitoring and mitigation
  237. 5Construction method statement
  238. 6Marine pollution contingency plan
  239. 7Concrete and cement
  240. 8Coatings and treatments
  241. 9Spills, etc.
  242. 10Percussive piling
  243. 11Archaeological written scheme of investigation
  244. 12Removal of temporary structures, etc.
  245. Part 3: PROCEDURE FOR THE DISCHARGE OF CONDITIONS
  246. 13Meaning of “application”
  247. 14Further information regarding application
  248. 15Determination of application
  249. 16Notice of determination
  250. 17Arbitration
  251. Schedule 13: PROTECTIVE PROVISIONS
  252. Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  253. 1Paragraph 1
  254. 2Paragraph 2
  255. 3Paragraph 3
  256. 4Paragraph 4
  257. 5Paragraph 5
  258. 6Paragraph 6
  259. 7Paragraph 7
  260. 8Paragraph 8
  261. 9Paragraph 9
  262. 10Paragraph 10
  263. 11Paragraph 11
  264. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  265. 12Paragraph 12
  266. 13Paragraph 13
  267. 14Paragraph 14
  268. 15Paragraph 15
  269. Part 3: FOR THE PROTECTION OF NATIONAL GRID
  270. 16Application
  271. 17Interpretation
  272. 18Paragraph 18
  273. 19Apparatus of National Grid in stopped up streets
  274. 20Acquisition of land
  275. 21Removal of apparatus
  276. 22Facilities and rights for alternative apparatus
  277. 23Retained apparatus: protection of National Grid as Gas Undertaker
  278. 24Retained apparatus: protection of National Grid as Electricity Undertaker
  279. 25Protective works to buildings
  280. 26Expenses
  281. 27Indemnity
  282. 28Enactments and agreements
  283. 29Co-operation
  284. 30Access
  285. 31Arbitration
  286. Part 4: FOR THE PROTECTION OF THE PORT OF LONDON AUTHORITY
  287. 32Paragraph 32
  288. 33Definitions
  289. 34Approval of detailed design
  290. 35Design of the tunnelling works
  291. 36As built drawings
  292. 37Discharges, etc.
  293. 38Paragraph 38
  294. 39Navigational lights, buoys, etc.
  295. 40Directions as to lights
  296. 41Removal, etc. of the PLA's moorings and buoys
  297. 42Removal of temporary works
  298. 43Protective action
  299. 44Abandoned or decayed works
  300. 45Facilities for navigation
  301. 46Survey of riverbed
  302. 47Statutory functions
  303. 48Indemnity
  304. 49Compensation for temporary works
  305. 50Apparatus in the Silvertown Tunnel area
  306. 51Disposals, etc.
  307. 52Disputes
  308. Part 5: FOR THE PROTECTION OF THE ENVIRONMENT AGENCY
  309. 53Paragraph 53
  310. 54Definitions
  311. 55Structural integrity of flood defences
  312. 56Specified works
  313. 57Approvals
  314. 58Inspection and construction
  315. 59Maintenance of the flood defences
  316. 60Emergency powers
  317. 61Protection for fish and fisheries
  318. 62Indemnities and costs
  319. 63Notices
  320. 64Dispute resolution
  321. Part 6: FOR THE PROTECTION OF THE LONDON BOROUGH OF NEWHAM AND THE ROYAL BOROUGH OF GREENWICH
  322. 65Paragraph 65
  323. 66Paragraph 66
  324. 67Paragraph 67
  325. 68Paragraph 68
  326. 69Paragraph 69
  327. 70Paragraph 70
  328. 71Paragraph 71
  329. 72Paragraph 72
  330. 73Paragraph 73
  331. 74Paragraph 74
  332. 75Paragraph 75
  333. 76Paragraph 76
  334. Schedule 14DOCUMENTS TO BE CERTIFIED
  335. Explanatory note