The Silvertown Tunnel Order 2018

Publication Date:January 01, 2018
 
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2018No. 574

INFRASTRUCTURE PLANNING

The Silvertown Tunnel Order 2018

Made10thMay2018

Coming into force31stMay2018

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examined the application with the documents that accompanied the application, and the representations made and not withdrawn, has, in accordance with section 74(2) of the 2008 Act, made a report and recommendation to the Secretary of State.

The Secretary of State, having considered the representations made and not withdrawn, and the report of the Panel, has decided to make an Order granting development consent for the development described in the application with modifications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

PART 1

PRELIMINARY

Citation and commencement

1.—(1) This Order may be cited as the Silvertown Tunnel Order 2018.

(2) Subject to article 39 (application of Part 4), this Order comes into force on 31st May 2018.

Interpretation

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

“the 1961 Act” means the Land Compensation Act 1961( 4);

“the 1965 Act” means the Compulsory Purchase Act 1965( 5);

“the 1968 Act” means the Port of London Act 1968( 6);

“the 1980 Act” means the Highways Act 1980( 7);

“the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981( 8);

“the 1984 Act” means the Road Traffic Regulation Act 1984( 9);

“the 1990 Act” means the Town and Country Planning Act 1990( 10);

“the 1991 Act” means the New Roads and Street Works Act 1991( 11);

“the 1999 Act” means the Greater London Authority Act 1999( 12);

“the 2004 Act” means the Traffic Management Act 2004( 13);

“the 2008 Act” means the Planning Act 2008( 14);

“the 2009 Act” means the Marine and Coastal Access Act 2009( 15);

“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);

“authorised 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 TfL; or

(ii) is authorised by TfL 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( 16) or a person accredited by or under section 41 (accreditation under community safety accreditation schemes) of the Police Reform Act 2002( 17), acting in the execution of that person's duties within the tunnels;

“the Blackwall Tunnel” means the existing twin bore road tunnel under the river Thames between Blackwall and the Greenwich Peninsula and forming part of the A102 road, which is a GLA road, as shown by solid green lines on the tunnels location and operational boundaries plans;

“the Blackwall Tunnel approaches” means the northern and southern approaches to the Blackwall Tunnel, the linear extent of which is shown by dashed green lines on the tunnels location and operational boundaries plans;

“the Blackwall Tunnel area” means the extent of the public highway comprised in and along the Blackwall Tunnel and the Blackwall Tunnel approaches;

“the book of reference” means the document of that description set out 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, which is not Christmas Day, Good Friday or a bank holiday under section 1 (bank holidays) of the Banking and Financial Dealings Act 1971( 18);

“carriageway” has the same meaning as in the 1980 Act;

“the charging policy” means the document described as the charging policies and procedures set out in Schedule 14 certified by the Secretary of State as the charging policies and procedures for the purposes of this Order, or any revision of that document approved by the Mayor of London under article 53 (the charging policy);

“the classification of roads (classification) plans” means the plans of that description set out in Schedule 14 certified by the Secretary of State as the classification of roads (classification) plans for the purposes of this Order;

“the classification of roads (designation) plans” means the plans of that description set out in Schedule 14 certified by the Secretary of State as the classification of roads (designation) plans for the purposes of this Order;

“commence” means beginning to carry out any material operation (as defined in section 56(4)( 19) 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;

“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( 20);

“dangerous goods” means a substance or article of which the international carriage by road is prohibited, or authorised on certain conditions, by Annex A of the European Agreement Concerning the International Carriage of Dangerous Goods by Road as from time to time amended;

“electronic transmission” means a communication transmitted—

(a) by means of an electronic communications network; or

(b) by other means but while in electronic form;

“the engineering section drawings and plans” means the documents of that description set out in Schedule 14 certified by the Secretary of State as the engineering section drawings and plans for the purposes of this Order;

“the environmental statement” means the documents of that description set out in Schedule 14 certified by the Secretary of State as the environmental statement for the purposes of this Order;

“flood risk activity” has the same meaning as in the Environmental Permitting (England and Wales) Regulations 2016( 21);

“footpath” and “footway” have the same meaning as in the 1980 Act;

“the general arrangement plans” means the plans of that description set out in Schedule 14 certified by the Secretary of State as the general arrangement plans for the purposes of this Order;

“the GLA” means the Greater London Authority;

“GLA Road” has the same meaning as in the 1980 Act( 22);

“highway”, “highway authority” and “local highway authority” have the same meaning as in the 1980 Act;

“Highways England” means Highways England Company Limited (Company No. 9346363);

“the land plans” means the plans of that description set out in Schedule 14 certified by the Secretary of State as the land plans for the purposes of this Order;

“the limits of deviation” means the limits of deviation referred to in article 5 (limits of deviation);

“maintain” includes inspect, repair, adjust, alter, remove or reconstruct, provided such works do not give rise to any materially new or materially different environmental effects to those identified in the environmental statement, and any derivative of “maintain” is to be construed accordingly;

“Mayoral development corporation” means a corporation established under section 198 of the Localism Act 2011( 23);

“the MMO” means the Marine Management Organisation;

“the monitoring and mitigation strategy” means the document of that description set out in Schedule 14 certified by the Secretary of State as the monitoring and mitigation strategy for the purposes of this Order and which in particular contains commitments in respect of—

(a) traffic monitoring;

(b) air quality monitoring;

(c) noise monitoring;

(d) socio-economic monitoring; and

(e) the implementation of mitigation;

“motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads and a vehicle (including a horse box) designed or adapted to be towed by a motor vehicle;

“the Order land” means the land shown coloured pink and the land shown coloured blue on the 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...

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