The Port of Tilbury (Expansion) Order 2019
| Jurisdiction | UK Non-devolved |
| Citation | SI 2019/359 |
2019 No. 359
INFRASTRUCTURE PLANNING
The Port of Tilbury (Expansion) Order 2019
Made 20thFebruary 2019
Coming into force 13thMarch 2019
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 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examined the application with the documents that accompanied the application, and the representations made and not withdrawn, has, in accordance with section 74(2)(3) of the 2008 Act, made a report and recommendation to the Secretary of State.
The Secretary of State, having considered the representations made and not withdrawn, and the report of the Panel, has decided to make an Order granting development consent for the development described in the application with modifications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 relation to the compulsory acquisition of the Order land which is common land, the Secretary of State is satisfied, having considered the report and recommendation of the Panel and in accordance with section 131(3)(4) of the 2008 Act, that section 131(4) applies.
The Secretary of State, in exercise of the powers conferred by sections 114(5), 115(6) and 120(7) of, and paragraphs 1–4, 10–18, 20, 22, 26, 30A, 30B, 32–33, 36 and 37 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 Port of Tilbury (Expansion) Order 2019 and comes into force on 13th March 2019.
Interpretation
2.—(1) In this Order, unless otherwise stated—
“the 1845 Act” means the Railways Clauses Consolidation Act 1845(8);
“the 1961 Act” means the Land Compensation Act 1961(9);
“the 1965 Act” means the Compulsory Purchase Act 1965(10);
“the 1968 Act” means the Port of London Act 1968(11);
“the 1974 Act” means the Control of Pollution Act 1974(12) “the 1980 Act” means the Highways Act 1980(13);
“the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981(14);
“the 1984 Act” means the Road Traffic Regulation Act 1984(15);
“the 1990 Act” means the Town and Country Planning Act 1990(16);
“the 1991 Act” means the New Roads and Street Works Act 1991(17);
“the 1991 Transfer Scheme” means the Port of Tilbury Transfer Scheme 1991 as confirmed by the Port of Tilbury Transfer Scheme 1991 Confirmation Order 1992(18) made under section 22 of the Ports Act 1991(19);
“the 2004 Act” means the Traffic Management Act 2004(20);
“the 2008 Act” means the Planning Act 2008(21);
“the 2009 Act” means the Marine and Coastal Access Act 2009(22);
“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;
“the 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 authorised by this Order;
“authorised officer” means a Constable, the Company Harbour Master, a PLA Harbour Master, and a person authorised by the Company for the purpose of enforcing the byelaws;
“the book of reference” means the document of that description set out in Schedule 11 (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 1971(23);
“Cadent” means Cadent Gas Limited (company number 10080864) whose registered office is at Ashbrook Court Prologis Park, Central Boulevard, Coventry, CV7 8PE;
“carriageway” has the same meaning as in the 1980 Act;
“the classification of roads plans” means the plans of that description set out in Schedule 11 certified by the Secretary of State as the classification of roads plans for the purposes of this Order;
“commence” means beginning to carry out any material operation (as defined in section 56(4)(24) of the 1990 Act) forming part of the authorised development other than operations consisting of environmental surveys and monitoring, investigations for the purpose of assessing ground conditions, receipt and erection of construction plant and equipment, erection of any temporary means of enclosure, the temporary display of site notices or advertisements, and “commencement” is to be construed accordingly;
“the Company” means Port of Tilbury London Limited (company number 02659118) of Leslie Ford House, Tilbury Freeport, Tilbury, Essex, RM18 7EH;
“the Company Harbour Master” means every person having the powers of a harbourmaster due to their appointment as dockmaster by the Company under the 1968 Act;
“a Constable” means a constable appointed under section 154(25) (appointment, etc., of constables) of the 1968 Act;
“construct” includes execution, placing, altering, replacing, relaying and removal and “construction” is to be construed accordingly;
“cycle track” has the same meaning as in section 329(1) (further provisions as to interpretation) of the 1980 Act(26);
“the deemed marine licence” means the marine licence granted by article 53 (deemed marine licence);
“electronic transmission” means a communication transmitted—
(a) by means of an electronic communications network; or
(b) by other means provided it is in an electronic form;
“the engineering drawings and plans” means the documents of that description set out in Schedule 11 certified by the Secretary of State as the engineering drawings and plans for the purposes of this Order;
“the environmental statement” means the documents of that description set out in Schedule 11 certified by the Secretary of State as the environmental statement for the purposes of this Order;
“the existing river jetty” means the jetty existing in the river Thames at the date of this Order coming into force, as shown shaded blue and labelledExisting Jetty Superstructure on sheet 3 of the works plans;
“the extended port limits” means the extended port limits shown on the extended port limits plan;
“the extended port limits plan” means the plan of that description set out in Schedule 11 certified by the Secretary of State as the extended port limits plan for the purposes of this Order;
“flood risk activity” has the same meaning as in the Environmental Permitting (England and Wales) Regulations 2016(27);
“footpath” and “footway” have the same meaning as in the 1980 Act;
“highway”, “highway authority” and “local highway authority” have the same meaning as in the 1980 Act;
“the highway management contractor” means the management contractor appointed by Highways England under the DBFO contract (as defined in paragraph 120(2) of Schedule 10 (protective provisions)) in respect of the highway on that part of the strategic road network within which the HE works (as defined in paragraph 120(2) of Schedule 10) are situated;
“the land, special category land and crown land plans” means the plans of that description set out in Schedule 11 certified by the Secretary of State as the land, special category land and crown land plans for the purposes of this Order;
“landing place” has the same meaning as in the 1968 Act;
“the limits of deviation” means the limits of deviation referred to in article 7 (limits of deviation);
“the limits of dredging plan” means the plan of that description set out in Schedule 11 certified by the Secretary of State as the limits of dredging plan for the purposes of this Order;
“maintain” includes inspect, repair, adjust, alter, remove or reconstruct, and any derivative of “maintain” is to be construed accordingly;
“mean high water level” means the level which is half way between mean high water springs and mean high water neaps;
“mean high water neaps” means the average throughout the year of the heights of two successive high waters during those periods of 24 hours when the range of the tide is at its least;
“mean high water springs” means the average throughout the year of the heights of two successive high waters during those periods of 24 hours when the range of the tide is at its greatest;
“the MMO” means the Marine Management Organisation;
“National Grid” means National Grid Electricity Transmission plc (company number 02366977) whose registered office is at 1 to 3 Strand, London, WC2N 5EH;
“Network Rail” means Network Rail Infrastructure Limited and any associated company of Network Rail Infrastructure Limited which holds property for railway purposes, and for the purpose of this definition “associated company” means any company which is (within the meaning of section 1159 (meaning of “subsidiary” etc.) of the Companies Act 2006(28)) the holding company of Network Rail Infrastructure Limited, a subsidiary of Network Rail Infrastructure Limited or another subsidiary of the holding company of Network Rail Infrastructure Limited;
“the Order land” means the land shown coloured pink and the land shown coloured yellow on the land, special category land and crown land plans, and described in the book of reference;
“the Order limits” means the Order limits shown on the works plans;
“owner”, in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 1981(29);
“the PLA” means the Port of London Authority;
“the PLA Harbour Master” means any harbour master of the PLA and any of their authorised deputies and assistants and any person authorised by the PLA to act in that capacity;
“the Port of Tilbury” means the harbour undertaking of the Company at the Port of Tilbury in Essex;
“the relevant planning authority” means the local planning authority for the land in question, being Thurrock Council, or any...
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