The Lake Lothing (Lowestoft) Third Crossing Order 2020

Publication Date:January 01, 2020
 
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2020No. 474

INFRASTRUCTURE PLANNING

The Lake Lothing (Lowestoft) Third Crossing Order 2020

Made30thApril2020

Coming into force21stMay2020

CONTENTS

PART 1

PRELIMINARY

1. Citation and commencement

2. Interpretation

3. Disapplication of legislation, etc.

PART 2

WORKS PROVISIONS

Principal powers

4. Development consent, etc., granted by the Order

5. Limits of deviation

Streets

6. Street works

7. Application of the 1991 Act

8. Construction and maintenance of new, altered or diverted streets and other structures

9. Classification of roads, etc.

10. Permanent stopping up of streets and private means of access

11. Temporary stopping up and restriction of use of streets

12. Access to works

13. Agreements with street authorities

14. Use of private roads for construction

Supplemental powers

15. Discharge of water

16. Protective works to buildings

17. Authority to survey and investigate land

18. Felling or lopping of trees

19. Trees subject to tree preservation orders

20. Temporary suspension of navigation within Lake Lothing in connection with the authorised development

21. Removal of vessels

PART 3

POWERS OF ACQUISITION AND POSSESSION OF LAND

Powers of acquisition

22. Compulsory acquisition of land

23. Crown land

24. Compulsory acquisition of land – incorporation of the mineral code

25. Time limit for exercise of powers to possess land temporarily or to acquire land compulsorily

26. Compulsory acquisition of rights, etc.

27. Acquisition of subsoil and airspace only

28. Private rights over land

29. Power to override easements and other rights

30. Rights over or under streets

31. Application of the 1981 Act

32. Modification of the 1965 Act

Temporary possession of land

33. Temporary use of land for carrying out the authorised development

34. Temporary use of land for maintaining the authorised development

Supplementary

35. Statutory undertakers and utilities

36. Apparatus and rights of statutory undertakers and utilities in stopped up streets

37. Recovery of costs of new connection

Compensation

38. Disregard of certain interests and improvements

39. Set-off for enhancement in value of retained land

40. No double recovery

PART 4

OPERATIONAL PROVISIONS

41. Operation of the new bridge

42. Extinguishment of right of navigation within Lake Lothing in connection with authorised development

43. Maintenance of authorised development

44. Subsidiary works and operations in Lake Lothing

45. Protection against dredging by the harbour authority

46. Byelaws

47. Fixed penalty notices

PART 5

MISCELLANEOUS AND GENERAL

48. Benefit of Order

49. Transfer of benefit of Order, etc.

50. Planning permission

51. Saving for undertaker's highway and planning functions

52. Application of landlord and tenant law

53. Traffic regulation measures

54. Clearways

55. Deemed marine licence

56. Defence to proceedings in respect of statutory nuisance

57. Crown rights

58. Protective provisions

59. Saving for Trinity House

60. Certification of documents

61. Service of notices

62. Arbitration

63. Consents, agreements, certifications and approvals

SCHEDULES

SCHEDULE 1 — AUTHORISED DEVELOPMENT

SCHEDULE 2 — REQUIREMENTS

PART 1 — REQUIREMENTS

PART 2 — PROCEDURE FOR DISCHARGE OF REQUIREMENTS

SCHEDULE 3 — CLASSIFICATION OF ROADS, ETC

PART 1 — A12 AND A146

PART 2 — OTHER ROADS

SCHEDULE 4 — PERMANENT STOPPING UP OF HIGHWAYS AND PRIVATE MEANS OF ACCESS AND PROVISION OF NEW HIGHWAYS AND PRIVATE MEANS OF ACCESS

PART 1 — HIGHWAYS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW HIGHWAYS WHICH ARE OTHERWISE TO BE PROVIDED

PART 2 — PRIVATE 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

PART 3 — PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

SCHEDULE 5 — TREES SUBJECT TO TREE PRESERVATION ORDERS

SCHEDULE 6 — LAND IN WHICH ONLY NEW RIGHTS ETC., MAY BE ACQUIRED

PART 1 — LAND IN WHICH ONLY NEW RIGHTS ETC., MAY BE ACQUIRED

PART 2 — RIGHTS FOR THE BENEFIT OF CADENT

SCHEDULE 7 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

SCHEDULE 8 — LAND IN WHICH ONLY AIRSPACE AND NEW RIGHTS MAY BE ACQUIRED

SCHEDULE 9 — LAND OF WHICH ONLY TEMPORARY POSSESSION MAY BE TAKEN

SCHEDULE 10 — THE LOWESTOFT THIRD CROSSING BYELAWS 2020

PART 1 — PRELIMINARY

PART 2 — CONDUCT AND BEHAVIOUR

PART 3 — ACCESS AND TRAFFIC

PART 4 — GENERAL

SCHEDULE 11 — TRAFFIC REGULATION MEASURES

PART 1 — SPEED LIMITS AND RESTRICTED ROADS

PART 2 — TRAFFIC REGULATION MEASURES (CLEARWAYS AND PROHIBITIONS)

PART 3 — REVOCATIONS AND VARIATIONS OF EXISTING TRAFFIC REGULATION ORDERS

SCHEDULE 12 — DEEMED MARINE LICENCE

PART 1 — GENERAL

PART 2 — CONDITIONS APPLYING TO CONSTRUCTION ACTIVITIES

PART 3 — CONDITIONS APPLYING TO MAINTENANCE DREDGING TO BE UNDERTAKEN POST CONSTRUCTION

PART 4 — CONDITIONS APPLYING TO ALL LICENSABLE ACTIVITIES INCLUDING CONSTRUCTION ACTIVITIES AND MAINTENANCE DREDGING ACTIVITIES

PART 5 — PROCEDURE FOR THE DISCHARGE OF CONDITIONS

SCHEDULE 13 — PROTECTIVE PROVISIONS

PART 1 — FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS

PART 2 — FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

PART 3 — FOR THE PROTECTION OF THE ENVIRONMENT AGENCY

PART 4 — FOR THE PROTECTION OF RAILWAY INTERESTS

PART 5 — FOR THE PROTECTION OF THE HARBOUR AUTHORITY

PART 6 — FOR THE PROTECTION OF ANGLIAN WATER

PART 7 — FOR THE PROTECTION OF CADENT GAS LIMITED

SCHEDULE 14 — DOCUMENTS TO BE CERTIFIED

An application has been made to the Secretary of State, under section 37 of the Planning Act 2008( 1) (“the 2008 Act”) in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009( 2) 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( 3).

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)( 4) 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( 5), 115( 6), 120( 7), 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—

PART 1

PRELIMINARY

Citation and commencement

1. This Order may be cited as the Lake Lothing (Lowestoft) Third Crossing Order 2020 and comes into force on 21st May 2020.

Interpretation

2.—(1) In this Order, unless otherwise stated—

“the 1961 Act” means the Land Compensation Act 1961( 8);

“the 1965 Act” means the Compulsory Purchase Act 1965( 9);

“the 1980 Act” means the Highways Act 1980( 10);

“the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981( 11);

“the 1984 Act” means the Road Traffic Regulation Act 1984( 12);

“the 1990 Act” means the Town and Country Planning Act 1990( 13);

“the 1991 Act” means the New Roads and Street Works Act 1991( 14);

“the 2004 Act” means the Traffic Management Act 2004( 15);

“the 2008 Act” means the Planning Act 2008( 16);

“the 2009 Act” means the Marine and Coastal Access Act 2009( 17);

“AB Ports” means Associated British Ports, (company number ZC000195), whose registered office address is 25 Bedford Street, London WC2E 9ES;

“address” includes any number or address for the purposes of electronic transmission;

“apparatus” has the same meaning as in Part 3 of the 1991 Act;

“appointed person” means—

(a) a person acting in the course of that person's duties who—

(i) is an employee, agent, contractor or sub-contractor of the undertaker; or

(ii) is authorised by the undertaker to exercise one or more of its functions under this Order; or

(b) a constable, Police Community Support Officer, an officer of the Driver and Vehicle Standards Agency, an officer of the Health and Safety Executive, person authorised for the purposes of section 44 (powers of fire-fighters etc in an emergency etc) of the Fire and Rescue Services Act 2004( 18) or a person accredited by or under section 41 (accreditation under community safety accreditation schemes) of the Police Reform Act 2002( 19), acting in the execution of that person's duties within the new bridge area;

“authorised development” means the development described in Schedule 1 (authorised development) and any other development within the meaning of section 32 of the 2008 Act that is authorised by this Order;

“book of reference” means the document of that description as referenced in Schedule 14 (documents to be certified) certified by the Secretary of State as the book of reference for the purposes of this Order;

“building” includes any structure or erection or any part of a building, structure or erection;

“business day” means a day other than a Saturday or Sunday, Good Friday, Christmas Day or a bank holiday in England and Wales under section 1 of the Banking and Financial Dealings Act( 20);

“Cadent” means Cadent Gas Limited (company number 10080864), whose registered office is at Ashbrook Court, Prologis Park, Central Boulevard, Coventry, CV7 8PE, or any successor in title or assign including a successor to their licence as a gas transporter within the meaning of Part 1 of the Gas Act 1986( 21);

“capital dredge” means...

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