PART 1PRELIMINARY

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-

"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-

"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-

"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 Acquisition of Land Act 1981(24);

"the PLA" means the Port of London Authority;

"the relevant planning authority" means the local planning authority for the land in question, being the Council of the Royal Borough of Greenwich or the Council of the London Borough of Newham, as the case may be, or any successor to either of those councils as planning authority;

"registered keeper" means the person in whose name a vehicle is registered under the Vehicle Excise and Registration Act 1994(25);

"the rights of way and access plans" means the plans of that description set out in Schedule 14 certified by the Secretary of State as the rights of way and access plans for the purposes of this Order;

"the Silvertown Tunnel" means the twin bore road tunnel to be constructed as Work No. 1, and as shown by solid blue lines on the tunnels location and operational boundaries plans;

"the Silvertown Tunnel approaches" means the northern and southern approaches to the Silvertown Tunnel, the linear extent of which is shown by dashed blue lines on the tunnels location and operational boundaries plans;

"the Silvertown Tunnel area" means the extent of the public highway to be comprised in and along the Silvertown Tunnel and the Silvertown Tunnel approaches;

"the special category land plan" means the plan of that description set out in Schedule 14 certified by the Secretary of State as the special category land plan for the purposes of this Order;

"statutory undertaker" means any statutory undertaker for the purposes of section 127(8) (statutory undertakers' land) of the 2008 Act;

"STIG" means the Silvertown Tunnel Implementation Group, the consultative body established by article 66 (Silvertown Tunnel Implementation Group);

"street" means a street within the meaning of section 48(26) (streets, street works and undertakers) of the 1991 Act, together with land on the verge of a street or between two carriageways, and includes part of a street;

"street authority", in relation to a street, has the same meaning as in Part 3 of the 1991 Act;

"TfL" means Transport for London, the body corporate established under section 154 of the 1999 Act, of Windsor House, 42 Victoria Street, London, SW1H 0TL;

"traffic authority" has the same meaning as in section 121A(27) of the 1984 Act;

"the traffic regulation measures (speed limits and restricted roads) plans" means the plans of that description set out in Schedule 14 certified by the Secretary of State as the traffic regulation measures (speed limits and restricted roads) plans for the purposes of this Order;

"the traffic regulation measures (clearways and prohibitions) plans" means the plans of that description set out in Schedule 14 certified by the Secretary of State as the traffic regulation measures (clearways and prohibitions) plans for the purposes of this Order;

"the tribunal" means the Lands Chamber of the Upper Tribunal;

"tunnel services building" means a building constructed for the purpose of housing any plant and equipment, office, control centre or welfare facilities associated with the operation of the Silvertown Tunnel;

"the tunnels areas" means the Blackwall Tunnel area and the Silvertown Tunnel area;

"the tunnels" means the Blackwall Tunnel and the Silvertown Tunnel;

"the tunnels location and operational boundaries plans" means the plans of that description set out in Schedule 14 certified by the Secretary of State as the tunnels location and operational boundaries plans for the purposes of this Order;

"watercourse" includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain; and

"the works plans" means the plans of that description set out in Schedule 14 certified by the Secretary of State as the works plans for the purposes of this Order.

(2) References in this Order to TfL include any wholly-owned subsidiary (as defined in section 1159 of the Companies Act 2006(28)) of TfL.

(3) References in this Order to rights over land include references to rights to do or to place and maintain, anything in, on or under land or in the airspace above its surface and references in this Order to the imposition of restrictive covenants are references to the creation of rights over land which interfere with the enjoyment of interests or rights and are for the benefit of land which is acquired under this Order or is otherwise comprised in the Order land.

(4) All distances, directions and lengths referred to in this Order are approximate and distances between points on a work comprised in the authorised development are taken to be measured along that work.

(5) For the purposes of this Order, all areas described in square metres in the book of reference are approximate.

(6) References in this Order to points identified by letters or numbers are to be construed as references to points so lettered or numbered on the plan to which the reference applies.

(7) References in this Order to numbered works are references to the works as numbered in Schedule 1 (authorised development).

PART 2WORKS PROVISIONS

Principal powers

Disapplication of legislation, etc.

3.-(1) The following enactments do not apply in relation to the construction of any work or the carrying out of any operation required for the purpose of, or in connection with, the construction of the authorised development and, within any maintenance period defined in article 30(14), any maintenance of any part of the authorised development-

(a)Metropolis Management (Thames River Prevention of Floods) Amendment Act 1879(29), subject to paragraph (3);

(b)Metropolitan Board of Works (Various Powers) Act 1882(30);

(c)London County Council (General Powers) Act 1907(31);

(d)London Overground Wires &c. Act 1933(32);

(e)London County Council (General Powers) Act 1957(33);

(f)London County Council (General Powers) Act 1961(34);

(g)London County Council (General Powers) Act 1962(35);

(h)sections 66 to 75 of the 1968 Act;

(i)Greater London Council (General Powers) Act 1970(36);

(j)Thames Barrier and Flood Prevention Act 1972(37);

(k)Thames Water Authority Land Drainage Byelaws 1981;

(l)Greater London Council (General Powers) Act 1986(38);

(m)section 24 (restrictions on abstraction) of the Water Resources Act 1991(39);

(n)the provisions of any byelaws made under, or having effect as if made under, paragraphs 5, 6 or 6A of Schedule 25 to the Water Resources Act 1991;

(o)regulation 12 (requirement for environmental permit) of the Environmental Permitting (England and Wales) Regulations 2016(40) in respect of a flood risk activity only; and

(p)the provisions of the Neighbourhood Planning Act 2017(41) in so far as they relate to temporary possession of land under articles 29 and 30 of this Order.

(2) Despite the provisions of section 208 (liability) of the 2008 Act, for the purposes of regulation 6 of the Community Infrastructure Levy Regulations 2010(42) any building comprised in the authorised development is deemed to be-

(a)a building into which people do not normally go; or

(b)a building into which people go only intermittently for the purpose of inspecting or maintaining fixed plant or machinery.

(3) The disapplication of the Metropolis Management (Thames River Prevention of Floods) Amendment Act 1879 by paragraph (1)(a) does not affect the Environment Agency's ability to use the powers vested in it under that Act against any person, other than TfL and any other person exercising a power under this Order, provided that the use of those powers vested in the Agency does not interfere with the construction of the authorised development.

(4) Following the expiry of any maintenance period defined in article 30(14), the requirement under section 70(43) (works not to be constructed, etc., without works licence) of the 1968 Act to obtain a works licence under section 66 (licensing of works) of that Act does not apply to anything done within any structure forming part of the authorised development in connection with its operation or maintenance or any other function of TfL.

Development consent granted by the Order

4.-(1) Subject to the provisions of this Order, including the requirements in Schedule 2 (requirements), TfL is granted development consent for the authorised development.

(2) Any enactment applying to land within, adjoining or sharing a common boundary with the Order limits (other than land comprising part of the river Thames outside of the Order limits) has effect subject to the provisions of this Order.

Limits of deviation

5.-(1) Subject to paragraph (2), TfL must construct the authorised development within the Order limits and, so far as all non-linear works comprised in the authorised development are concerned, within the limits of deviation for those works shown on the works plans.

(2) In constructing or maintaining the authorised development, TfL may deviate-

(a)laterally within the Order limits in the case of any linear work comprised in the authorised development, so that the centre line of that work may be situated up to 3 metres either side of the centre line of that work shown on the works plans; and

(b)vertically from the levels shown on the engineering section drawings and plans-

(i)to any extent upwards not exceeding 0.5 metres except in relation to the parts of the authorised development referred to in column (1) of the table below, where the extent of permitted deviation for each such part is set out in column (2) of that table; and

(ii)to any extent downwards as may be found to be necessary or convenient.

(3) Without limitation on the scope of paragraph (1), in constructing or maintaining the authorised development TfL may-

(a)deviate by up to 3 metres from the points of commencement and termination of any linear work comprised in the authorised development shown on the works plans; and

(b)deviate from the design of any tunnel or tunnel structure and vary the number of tunnel cross-passages shown on the engineering section drawings and plans.

(4) In this article, reference to-

(a)a "linear work" is a reference to any work shown on the works plans by way of a centre line; and

(b)a "non-linear work" is a reference to any other work shown on the works plans.

Streets

Street works

6.-(1) TfL may, for the purposes of the authorised development, enter on so much of any street and may-

(a)break up or open the street, or any sewer, drain or tunnel under it;

(b)tunnel or bore under the street;

(c)place apparatus in the street;

(d)maintain apparatus in the street or change its position; and

(e)execute any works required for or incidental to any works referred to in sub-paragraphs (a), (b), (c) and (d).

(2) The authority given by paragraph (1) is a statutory right for the purposes of sections 48(3) (streets, street works and undertakers) and 51(1) (prohibition of unauthorised street works) of the 1991 Act.

(3) TfL must not carry out works to any street under paragraph (1) for which it is not the street authority without the consent of the street authority, which may attach reasonable conditions to any consent.

Application of the 1991 Act

7.-(1) Works executed under this Order in relation to a highway which consists of or includes a carriageway are to be treated for the purposes of Part 3 (street works in England and Wales) of the 1991 Act as major highway works if-

(a)they are of a description mentioned in any of paragraphs (a), (c) to (e), (g) and (h) of section 86(3) (which defines what highway authority works are major highway works) of that Act; or

(b)they are works which, had they been executed by the highway authority, might have been carried out in exercise of the powers conferred by section 64(44)(dual carriageways and roundabouts) of the 1980 Act or section 184(45) (vehicle crossings) of that Act.

(2) In Part 3 of the 1991 Act references, in relation to major highway works, to the highway authority concerned are, in relation to works which are major highway works by virtue of paragraph (1), to be construed as references to TfL.

(3) The following provisions of the 1991 Act do not apply in relation to any works executed under the powers of this Order-

section 56 (directions as to timing);

section 56A (power to give directions as to placing of apparatus);

section 58 (restrictions following substantial road works);

section 58A (restriction on works following substantial street works);

section 73A (power to require undertaker to re-surface street);

section 73B (power to specify timing etc. of re-surfacing);

section 73C (materials, workmanship and standard of re-surfacing);

section 78A (contributions to costs of re-surfacing by undertaker); and

Schedule 3A (restriction on works following substantial street works).

(4) The provisions of the 1991 Act mentioned in paragraph (5) (which, together with other provisions of that Act, apply in relation to the execution of street works) and any regulations made, or code of practice issued or approved under, those provisions apply (with the necessary modifications) in relation to any stopping up, alteration or diversion of a street of a temporary nature by TfL under the powers conferred by article 10 (temporary stopping up and restriction of use of streets) whether or not the stopping up, alteration or diversion constitutes street works within the meaning of that Act.

(5) The provisions of the 1991 Act(46) referred to in paragraph (4) are-

section 54(47) (advance notice of certain works), subject to paragraph (6);

section 55(48) (notice of starting date of works), subject to paragraph (6);

section 57(49) (notice of emergency works);

section 59(50) (general duty of street authority to co-ordinate works);

section 60 (general duty of undertakers to co-operate);

section 68 (facilities to be afforded to street authority);

section 69 (works likely to affect other apparatus in the street);

section 75 (inspection fees);

section 76 (liability for cost of temporary traffic regulation); and

section 77 (liability for cost of use of alternative route),

and all such other provisions as apply for the purposes of the provisions mentioned above.

(6) Sections 54 and 55 of the 1991 Act as applied by paragraph (4) have effect as if references in section 57 of that Act to emergency works were a reference to a stopping up, alteration or diversion (as the case may be) required in a case of emergency.

(7) Nothing in article 8 (construction and maintenance of new, altered or diverted streets)-

(a)affects the operation of section 87 (prospectively maintainable highways) of the 1991 Act, and TfL is not by reason of any duty under that article to maintain a street to be taken to be the street authority in relation to that street for the purposes of Part 3 of that Act; or

(b)has effect in relation to street works as respects which the provisions of Part 3 of the 1991 Act apply.

Construction and maintenance of new, altered or diverted streets

8.-(1) Any street (other than a GLA Road) constructed under this Order must be completed to the reasonable satisfaction of the street authority and, unless otherwise agreed in writing with the street authority, must be maintained by and at the expense of TfL for a period of 12 months from its completion and thereafter by the street authority.

(2) Where a street (other than a GLA Road) is altered or diverted under this Order, the altered or diverted part of the street must be completed to the reasonable satisfaction of the street authority and, unless otherwise agreed in writing with the street authority, that part of the street must be maintained by and at the expense of TfL for a period of 12 months from its completion and thereafter by the street authority.

(3) Where land not previously part of the public highway comes to form part of the public highway by virtue of the construction, diversion or alteration of a street under this Order, unless otherwise agreed with the street authority the land is deemed to have been dedicated as public highway on the expiry of a period of 12 months from completion of the street that has been constructed, altered or diverted.

(4) In any action against TfL in respect of loss or damage resulting from any failure by TfL to maintain a street under this article, it is a defence (without prejudice to any other defence or the application of the law relating to contributory negligence) to prove that TfL had taken such care as in all the circumstances was reasonably required to secure that the part of the street to which the action relates was not dangerous to traffic.

(5) For the purposes of a defence under paragraph (4), the court must in particular have regard to the following matters-

(a)the character of the street and the traffic which was reasonably to be expected to use it;

(b)the standard of maintenance appropriate for a street of that character and used by such traffic;

(c)the state of repair in which a reasonable person would have expected to find the street;

(d)whether TfL knew, or could reasonably have been expected to know, that the condition of the part of the street to which the action relates was likely to cause danger to users of the street; and

(e)where TfL could not reasonably have been expected to repair that part of the street before the cause of action arose, what warning notices of its condition had been displayed,

but for the purposes of such a defence it is not relevant to prove that TfL had arranged for a competent person to carry out or supervise the maintenance of the part of the street to which the action relates unless it is also proved that TfL had given the competent person proper instructions with regard to the maintenance of the street and that the competent person had carried out those instructions.

(6) The date of completion of any works referred to in paragraphs (1) and (2) is to be agreed between TfL and the street authority, acting reasonably.

Permanent stopping up of streets and private means of access

9.-(1) Subject to the provisions of this article, TfL may, in connection with the carrying out of the authorised development, stop up each of the streets and private means of access specified in columns (1) and (2) of Parts 1, 2, 3 and 4 of Schedule 3 (permanent stopping up of highways and private means of access) to the extent specified and described in column (3) of those Parts of that Schedule.

(2) No street or private means of access specified in columns (1) and (2) of Parts 1 and 3 of Schedule 3 (being a street or private means of access to be stopped up for which a substitute is to be provided) is to be wholly or partly stopped up under this article unless-

(a)the new street or private means of access to be constructed and substituted for it, which is specified in column (4) of that Part of that Schedule, has been completed to the reasonable satisfaction of the street authority and is open for use; or

(b)a temporary alternative route for the passage of such traffic as could have used the street or private means of access to be stopped up is first provided and subsequently maintained by TfL, to the reasonable satisfaction of the street authority, between the commencement and termination points for the stopping up of the street or private means of access until the completion and opening of the new street or private means of access in accordance with sub-paragraph (a).

(3) No street or private means of access specified in columns (1) and (2) of Parts 2 and 4 of Schedule 3 (being a street or private access to be stopped up for which no substitute is to be provided) is to be wholly or partly stopped up under this article unless the condition specified in paragraph (4) is satisfied in relation to all of the land which abuts on either side of the street or private means of access to be stopped up.

(4) The condition referred to in paragraph (3) is that-

(a)TfL is in possession of the land;

(b)there is no right of access to the land from the street or private means of access concerned;

(c)there is reasonably convenient access to the land otherwise than from the street or private means of access concerned; or

(d)the owners and occupiers of the land have agreed to the stopping up.

(5) Not less than 28 days prior to the stopping up of each section of highway identified in columns 1 to 3 of Parts 1 and 2 of Schedule 3 TfL must erect a notice upon the highway at, or as close as reasonably practicable to, each point of stopping up, specifying the date and extent of the stopping up and, in the case of a highway mentioned in Part 1 of Schedule 3, giving details of the substitute or new highway to be provided.

(6) Where a street or private means of access has been stopped up under this article-

(a)all rights of way over or along the street or private means of access so stopped up are extinguished; and

(b)TfL may appropriate and use for the purposes of the authorised development so much of the site of the street or private means of access as is bounded on both sides by land owned by TfL.

(7) Any person who suffers loss by the suspension or extinguishment of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(8) This article is subject to article 32 (apparatus and rights of statutory undertakers in stopped up streets).

Temporary stopping up and restriction of use of streets

10.-(1) TfL may, during and for the purposes of carrying out the authorised development, temporarily stop up, alter or divert any street and may for any reasonable time-

(a)divert the traffic from the street; and

(b)subject to paragraph (3), prevent all persons from passing along the street.

(2) Without limitation on the scope of paragraph (1), TfL may use any street temporarily stopped up under the powers conferred by this article and lying within the Order limits as a temporary working site.

(3) TfL must provide reasonable access for pedestrians going to or from premises abutting a street affected by the temporary stopping up, alteration or diversion of a street under this article if there would otherwise be no such access.

(4) TfL must not temporarily stop up, alter or divert any street for which it is not the street authority without the consent of the street authority, which may attach reasonable conditions to any consent.

(5) Any person who suffers loss by the suspension of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

Access to works

11.  TfL may, for the purposes of the authorised development and with the consent of the street authority, form and lay out such other means of access or improve existing means of access, at such locations within the Order limits as TfL reasonably requires for the purposes of the authorised development.

Agreements with street authorities

12.-(1) A street authority and TfL may enter into agreements with respect to-

(a)the construction of any new street including any structure carrying the street, whether or not over or under any part of the authorised development;

(b)the strengthening or improvement of any street under the powers conferred by this Order;

(c)the maintenance of any street or of the structure of any bridge or tunnel carrying a street over or under the authorised development;

(d)any stopping up, alteration or diversion of a street under the powers conferred by this Order;

(e)the execution in the street of any of the authorised development; or

(f)any such works as the parties may agree.

(2) Such an agreement may, without limitation on the scope of paragraph (1)-

(a)provide for the street authority to carry out any function under this Order which relates to the street in question;

(b)include an agreement between TfL and the street authority specifying a reasonable time for completion of the works;

(c)provide for the dedication of any new street as public highway further to section 38(51) (power of highway authorities to adopt by agreement) of the 1980 Act; and

(d)contain such terms as to payment and otherwise as the parties consider appropriate.

Use of private roads for construction

13.-(1) TfL may use any private road within the Order limits for the passage of persons or vehicles (with or without materials, plant and machinery) for the purposes of, or in connection with, the construction of the authorised development.

(2) TfL must compensate the person liable for the repair of a road to which paragraph (1) applies for any loss or damage which that person may suffer by reason of the exercise of the power conferred by paragraph (1).

(3) Any dispute as to a person's entitlement to compensation under paragraph (2), or as to the amount of such compensation, is to be determined under Part 1 of the 1961 Act.

Supplemental powers

Discharge of water

14.-(1) Subject to paragraphs (3) and (4), TfL may use any watercourse, public sewer or drain for the drainage of water in connection with the carrying out or maintenance of the authorised development and for that purpose may lay down, take up and alter pipes and may, on any land within the Order limits, make openings into, and connections with, the watercourse, public sewer or drain.

(2) Any dispute arising from the making of connections to or the use of a public sewer or drain by TfL under paragraph (1) is to be determined as if it were a dispute under section 106 (right to communicate with public sewers) of the Water Industry Act 1991(52).

(3) TfL must not discharge any water into any watercourse, public sewer or drain except with the consent of the person to whom it belongs, whose consent may be given subject to such terms and conditions as that person may reasonably impose, but must not be unreasonably withheld or delayed.

(4) TfL must not make any opening into any public sewer or drain except-

(a)in accordance with plans approved by the person to whom the sewer or drain belongs; and

(b)where that person has been given the opportunity to supervise the making of the opening.

(5) TfL must take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain under the powers conferred by this article is as free as may be practicable from gravel, soil or other solid substance, oil or matter in suspension.

(6) Nothing in this article overrides the requirement for an environmental permit under regulation 12(1)(b) (requirement for environmental permit) of the Environmental Permitting (England and Wales) Regulations 2016(53).

(7) In this article-

(a)"public sewer or drain" means a sewer or drain which belongs to the GLA, the Homes and Communities Agency, the Environment Agency, an internal drainage board, a joint planning board, a local authority, a sewerage undertaker, a Mayoral development corporation or an urban development corporation; and

(b)other expressions, excluding watercourse, used both in this article and in the Water Resources Act 1991(54), have the same meaning as in that Act.

Protective works to buildings

15.-(1) Subject to the following provisions of this article, TfL may at its own expense and from time to time carry out such protective works to any building lying within the Order limits as TfL considers necessary or expedient.

(2) Protective works may be carried out-

(a)at any time before or during the carrying out in the vicinity of the building of any part of the authorised development; or

(b)after the completion of that part of the authorised development in the vicinity of the building at any time up to the end of the period of 5 years beginning with the day on which that part of the authorised development is first opened for public use.

(3) Subject to paragraph (5), for the purpose of determining how the functions under this article are to be exercised TfL may enter and survey-

(a)any building falling within paragraph (1) and any land within its curtilage; and

(b)where necessary or expedient, land which is adjacent to the building falling within paragraph (1) but outside its curtilage (whether or not such adjacent land is inside or outside the Order limits),

and place on, leave on and remove from the land monitoring apparatus.

(4) For the purpose of carrying out protective works to a building under this article TfL may (subject to paragraphs (5) and (6))-

(a)enter the building (and any land within its curtilage); and

(b)where the works cannot be carried out reasonably conveniently without entering land which is adjacent to the building but outside its curtilage, enter the adjacent land (whether or not such adjacent land is inside or outside the Order limits) but not any building erected on it,

and in either case TfL may take exclusive possession of the building and land if this is reasonably required for the purpose of carrying out the protective works.

(5) Before exercising-

(a)a right under paragraph (1) to carry out protective works to a building;

(b)a right under paragraph (3) to enter a building (and land within its curtilage) or land;

(c)a right under paragraph (4)(a) to enter and take possession of a building (and land within its curtilage); or

(d)a right under paragraph (4)(b) to enter and take possession of land,

TfL must, except in the case of emergency, serve on the owners and occupiers of the building or land not less than 14 days' notice of its intention to exercise that right and, in a case falling within sub-paragraph (a) or (c), specifying the protective works proposed to be carried out.

(6) Where a notice is served under paragraph (5)(a), (5)(c) or (5)(d), the owner or occupier of the building or land concerned may, by serving a counter-notice within the period of 10 days beginning with the day on which the notice was served, require the question of whether it is necessary or expedient to carry out the protective works or to enter the building or land to be referred to arbitration under article 68 (arbitration).

(7) TfL must compensate the owners and occupiers of any building or land in relation to which rights under this article have been exercised for any loss or damage arising to them by reason of the exercise of those rights.

(8) Where-

(a)protective works are carried out under this article to a building; and

(b)within the period of 5 years beginning with the day on which the part of the authorised development carried out in the vicinity of the building is first opened for public use it appears that the protective works are inadequate to protect the building against damage caused by the carrying out or use of that part of the authorised development,

TfL must compensate the owners and occupiers of the building for any loss or damage sustained by them.

(9) Without affecting article 38 (no double recovery), nothing in this article relieves TfL from any liability to pay compensation under section 152(55) (compensation in case where no right to claim in nuisance) of the 2008 Act.

(10) Any compensation payable under paragraph (7) or (8) is to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(11) Subject to paragraph (6), section 13(56) (refusal to give possession to acquiring authority) of the 1965 Act applies to the entry onto, or possession of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125(57) (application of compulsory acquisition provisions) of the 2008 Act.

(12) In this article "protective works" in relation to a building means-

(a)underpinning, strengthening and any other works the purpose of which is to prevent damage which may be caused to the building by the carrying out, maintenance or use of the authorised development;

(b)any works the purpose of which is to remedy any damage which has been caused to the building by the carrying out, maintenance or use of the authorised development; and

(c)any works the purpose of which is to secure the safe operation of the authorised development or to prevent or minimise the risk of such operation being disrupted.

Authority to survey and investigate land

16.-(1) TfL may for the purposes of this Order enter on-

(a)any land within the Order limits; and

(b)where reasonably necessary, any land which is adjacent to but outside the Order limits,

and-

(i)survey or investigate the land;

(ii)without limitation to the scope of sub-paragraph (i), make trial holes in such positions on the land as TfL thinks fit to investigate the nature of the surface layer and subsoil and remove soil samples;

(iii)without limitation to the scope of sub-paragraph (i), carry out ecological or archaeological investigations on such land, including making any excavations or trial holes on the land for such purposes; and

(iv)place on, leave on and remove from the land apparatus for use in connection with the survey and investigation of land and making of trial holes.

(2) No land may be entered or equipment placed or left on or removed from the land under paragraph (1) unless at least 14 days' notice has been served on every owner and occupier of the land.

(3) Any person entering land under this article on behalf of TfL-

(a)must, if so required, before or after entering the land, produce written evidence of their authority to do so; and

(b)may take onto the land such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes.

(4) No trial holes are to be made under this article-

(a)in land located within the highway boundary without the consent of the highway authority; or

(b)in a private street without the consent of the street authority.

(5) TfL must compensate the owners and occupiers of the land for any loss or damage arising by reason of the exercise of the powers conferred by this article, such compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(6) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the entry onto land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.

Work in the river Thames: conditions

17.-(1) Construction of the authorised development must be carried out so that-

(a)at any time, the suspension of the public right of navigation under articles 29(3) (temporary use of land for carrying out the authorised development) or 30(3) (temporary use of land for maintaining the authorised development) applies to no more of the river than is necessary in the circumstances; and

(b)if it becomes necessary for such suspension to relate to the whole width of the river within the Order limits, all reasonable steps are taken to secure that the period of suspension is kept to a minimum and that the minimum obstruction, delay or interference is caused to vessels or craft which may be using or intending to use the part where the public right of navigation is so suspended.

(2) Not later than 40 business days prior to the proposed commencement date of any suspension of the public right of navigation under article 29(3) or 30(3), TfL must give notice to the PLA, except in the case of an emergency when TfL must give such notice as is reasonably practicable.

(3) A notice given under paragraph (2) must provide details of the proposed suspension, including particulars of-

(a)commencement date;

(b)duration; and

(c)the affected area,

and must include an explanation of the need for the proposed suspension.

(4) Any suspension of the public right of navigation under article 29(3) or 30(3) must not take place except in accordance with the approval in writing given by the PLA and any conditions imposed by the PLA under this article or determined in accordance with article 68 (arbitration).

(5) The PLA may in relation to any application for approval under this paragraph (4) impose reasonable conditions for any purpose described in paragraph (6).

(6) Conditions imposed under paragraph (5) may include conditions as to-

(a)the limits of any area subject to a temporary suspension of the public right of navigation;

(b)the duration of any temporary suspension;

(c)the means of marking or otherwise providing warning in the river Thames of any area affected by a temporary suspension of the public right of navigation; and

(d)the use by TfL of the area subject to any temporary suspension so as not to interfere with any other part of the river Thames or affect its use.

(7) Following an approval of any such suspension given by the PLA under paragraph (4) or determined in accordance with article 68, the PLA must issue a notice to mariners within 10 business days of the approval, giving the commencement date and other particulars of the suspension to which the approval relates, and that suspension will take effect on the date specified and as otherwise described in the notice.

(8) Subject to paragraph (9), an application for approval under this article is deemed to have been refused if it is neither given nor refused within 30 business days of the PLA receiving the notice under paragraph (2).

(9) An approval of the PLA under this article is not deemed to have been unreasonably withheld, and approval is not deemed to have been refused, if approval within the time limited by paragraph (8) has not been given pending the outcome of any consultation on the approval in question that the PLA is obliged to carry out in the proper exercise of its functions.

(10) Except in the case of an emergency, TfL must notify the owner of any mooring and the owner or master of any vessel or structure likely to be materially affected by any proposal to exercise the powers conferred by this Order at least 35 days before the exercise of those powers.

(11) If-

(a)by reason of the exercise of the powers conferred by this Order it is reasonably necessary for the owner of any mooring to incur costs in temporarily or permanently altering, removing, re-siting, repositioning or reinstating that mooring, or laying down and removing substituted moorings or buoys, or carrying out dredging operations for any such purpose, not being costs which it would have incurred for any other reason; and

(b)the owner of the mooring in question gives to TfL not less than 28 days' notice of its intention to incur such costs, and acting reasonably takes into account any representations which TfL may make in response to the notice within 14 days of the receipt of the notice,

TfL must pay the costs reasonably so incurred by the owner of that mooring.

(12) A person may not without the consent in writing of TfL (which may be given subject to conditions)-

(a)use, for the purpose of landing or embarking persons or landing or loading goods from or into any vessel, any work constructed or used in connection with the authorised development; or

(b)remove, move or otherwise interfere with any work, machinery, apparatus, tools or other things in use or intended for use in constructing the authorised development.

Felling or lopping of trees

18.-(1) TfL may fell or lop any tree or shrub within or overhanging land within the Order limits, or cut back its roots, if TfL reasonably believes it to be necessary to do so to prevent the tree or shrub-

(a)from obstructing or interfering with the construction, maintenance or operation of the authorised development or any apparatus used in connection with the authorised development; or

(b)from constituting a danger to persons using the authorised development.

(2) In carrying out any activity authorised by paragraph (1), TfL must do no unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from such activity.

(3) Any dispute as to a person's entitlement to compensation under paragraph (2), or as to the amount of compensation, is to be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

PART 3POWERS OF ACQUISITION AND POSSESSION OF LAND

Powers of acquisition

Compulsory acquisition of land

19.-(1) TfL may acquire compulsorily so much of the Order land as is required for the authorised development, or to facilitate it, or as is incidental to it.

(2) This article is subject to article 22(2) (compulsory acquisition of rights), article 27(2) (acquisition of subsoil, etc., only) and article 29 (temporary use of land for carrying out the authorised development).

Compulsory acquisition of land – incorporation of the minerals code

20.  Parts 2 and 3 of Schedule 2 (minerals) to the Acquisition of Land Act 1981 are incorporated into this Order subject to the modifications that-

(a)paragraph 8(3) is not incorporated; and

(b)for "the acquiring authority" substitute "TfL".

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

21.-(1) After the end of the period of 5 years beginning with the day on which this Order comes into force-

(a)no notice to treat is to be served under Part 1 (compulsory purchase under Acquisition of Land Act of 1946) of the 1965 Act; and

(b)no declaration is to be executed under section 4 (execution of declaration) of the 1981 Act as applied by article 26 (application of the 1981 Act),

in relation to any part of the Order land.

(2) The authority conferred by article 29 (temporary use of land for carrying out the authorised development) ceases at the end of the period referred to in paragraph (1), except that nothing in this paragraph prevents TfL from remaining in possession of land after the end of that period, if the land was entered and possession was taken before the end of that period.

Compulsory acquisition of rights

22.-(1) Subject to paragraphs (2), (3) and (5), TfL may acquire such rights over the Order land or impose restrictive covenants affecting the land as may be required for any purpose for which that land may be acquired under article 19 (compulsory acquisition of land), by creating them as well as acquiring rights already in existence.

(2) In the case of the Order land specified in columns (1) and (2) of Schedule 4 (land in which only new rights etc., may be acquired) TfL's powers of compulsory acquisition are limited to the acquisition of such wayleaves, easements, new rights in the land or the imposition of restrictive covenants as TfL may require for or in connection with the authorised development.

(3) Subject to Schedule 2A(58) (counter-notice requiring purchase of land) to the 1965 Act (as substituted by paragraph 10 of Schedule 5 (modification of compensation and compulsory purchase enactments for creation of new rights), where TfL acquires a right over land or the benefit of a restrictive covenant , TfL is not required to acquire a greater interest in that land.

(4) Schedule 5 has effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application to the compulsory acquisition under this article of a right over land by the creation of a new right or the imposition of a restrictive covenant.

(5) TfL may not under paragraph (1) impose restrictive covenants affecting the land situated within any of the Regions mentioned in article 52.

Private rights over land

23.-(1) Subject to the provisions of this article, all private rights over land subject to compulsory acquisition under this Order are extinguished-

(a)from the date of acquisition of the land by TfL, whether compulsorily or by agreement; or

(b)on the date of entry onto the land by TfL under section 11(1) (powers of entry) of the 1965 Act,

whichever is the earlier.

(2) Subject to the provisions of this article, all private rights over land subject to the compulsory acquisition of rights or the imposition of restrictive covenants under this Order are extinguished in so far as their continuance would be inconsistent with the exercise of the right or burden of the restrictive covenant-

(a)from the date of the acquisition of the right or the benefit of the restrictive covenant by TfL, whether compulsorily or by agreement; or

(b)on the date of entry onto the land by TfL under section 11(1) of the 1965 Act (power of entry),

whichever is the earlier.

(3) Subject to the provisions of this article, all private rights over any part of the Order land that is vested in or acquired by TfL are extinguished on commencement of any activity authorised by this Order which interferes with or breaches those rights.

(4) Subject to the provisions of this article, all private rights over land of which TfL takes temporary possession under this Order are suspended and unenforceable for as long as TfL remains in lawful possession of the land.

(5) Any person who suffers loss by the extinguishment or suspension of any private right or by the imposition of any restrictive covenant under this article is entitled to compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(6) This article does not apply in relation to any right to which section 138 (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) of the 2008 Act or article 31 (statutory undertakers) applies.

(7) Paragraphs (1) to (4) have effect subject to-

(a)any notice given by TfL before-

(i)the completion of the acquisition of the land or the acquisition of the rights or the imposition of restrictive covenants over or affecting the land;

(ii)TfL's appropriation of it;

(iii)TfL's entry onto it; or

(iv)TfL's taking temporary possession of it,

that any or all of those paragraphs do not apply to any right specified in the notice; and

(b)any agreement made at any time between TfL and the person in or to whom the right in question is vested or belongs.

(8) If any such agreement as is referred to in paragraph (7)(b)-

(a)is made with a person in or to whom the right is vested or belongs; and

(b)is expressed to have effect also for the benefit of those deriving title from or under that person,

it is effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement.

(9) References in this article to private rights over land include any right of way, trust, incident, easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support and include restrictions as to the user of land arising by virtue of a contract, agreement or undertaking having that effect.

Power to override easements and other rights

24.-(1) Any authorised activity which takes place on land within the Order limits (whether the activity is undertaken by TfL or by any person deriving title from TfL or by any contractors, servants or agents of TfL) is authorised by this Order if it is done in accordance with the terms of this Order, notwithstanding that it involves-

(a)an interference with an interest or right to which this article applies; or

(b)a breach of a restriction as to the user of land arising by virtue of a contract.

(2) In this article "authorised activity" means-

(a)the erection, construction or maintenance of any part of the authorised development;

(b)the exercise of any power authorised by this Order; or

(c)the use of any land (including the temporary use of land).

(3) The interests and rights to which this article applies include any easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support and include restrictions as to the user of land arising by the virtue of a contract.

(4) Where an interest, right or restriction is overridden by paragraph (1), compensation-

(a)is payable under section 7 (measure of compensation in case of severance) or section 10 (further provision as to compensation for injurious affection) of the 1965 Act; and

(b)is to be assessed in the same manner and subject to the same rules as in the case of other compensation under those sections where-

(i)the compensation is to be estimated in connection with a purchase under that Act; or

(ii)the injury arises from the execution of works on or use of land acquired under that Act.

(5) Where a person deriving title under TfL by whom the land in question was acquired-

(a)is liable to pay compensation by virtue of paragraph (4); and

(b)fails to discharge that liability,

the liability is enforceable against TfL.

(6) Nothing in this article is to be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than such an interference or breach as is mentioned in paragraph (1) of this article.

Modification of Part 1 of the 1965 Act

25.-(1) Part 1 of the 1965 Act, as applied to this Order by section 125 (application of compulsory acquisition provisions) of the 2008 Act, is modified as follows.

(2) In section 4A(1)(59) (extension of time limit during challenge) for "section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the three year period mentioned in section 4" substitute "section 118 of the Planning Act 2008 (legal challenges relating to applications for orders granting development consent), the five year period mentioned in article 21 (time limit for exercise of powers to possess land temporarily or to acquire land compulsorily) of the Silvertown Tunnel Order 2018(60)".

(3) In section 11A(61) (powers of entry: further notice of entry)-

(a)in subsection (1)(a), after "land" insert "under that provision";

(b)in subsection (2), after "land" insert "under that provision".

(4) In section 22(2) (expiry of time limit for exercise of compulsory purchase power not to affect acquisition of interests omitted from purchase), for "section 4 of this Act" substitute "article 21 of the Silvertown Tunnel Order 2018".

(5) In Schedule 2A (counter-notice requiring purchase of land not in notice to treat)-

(a)for paragraphs 1(2) and 14(2) substitute-

"(2) But see article 27(4) (acquisition of subsoil, etc., only) of the Silvertown Tunnel Order 2018, which excludes the acquisition of subsoil or airspace only from this Schedule"; and

(b)after paragraph 29, end insert-

"PART 4INTERPRETATION

30.  In this Schedule, references to entering on and taking possession of land do not include doing so under article 15 (protective works to buildings), 29 (temporary use of land for carrying out the authorised development) or 30 (temporary use of land for maintaining the authorised development) of the Silvertown Tunnel Order 2018."

Application of the 1981 Act

26.-(1) The 1981 Act applies as if this Order were a compulsory purchase order.

(2) The 1981 Act, as applied by paragraph (1), has effect with the following modifications.

(3) In section 1 (application of Act) for subsection (2) substitute-

"(2) This section applies to any Minister, any local or other public authority or any other body or person authorised to acquire land by means of a compulsory purchase order."

(4) In section 5 (earliest date for execution of declaration), in subsection (2), omit the words from ", and this subsection" to the end.

(5) Omit section 5A(62) (time limit for general vesting declaration).

(6) In section 5B(63) (extension of time limit during challenge) for "section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the three year period mentioned in section 5A" substitute "section 118(64) (legal challenges relating to applications for orders granting development consent) of the Planning Act 2008, the five year period mentioned in article 21 of the Silvertown Tunnel Order 2018".

(7) In section 6(65) (notices after execution of declaration), in subsection (1)(b), for "section 15 of, or paragraph 6 of Schedule 1 to, the Acquisition of Land Act 1981" substitute "section 134(66) (notice of authorisation of compulsory acquisition) of the Planning Act 2008".

(8) In section 7 (constructive notice to treat) in subsection (1)(a), omit "(as modified by section 4 of the Acquisition of Land Act 1981)".

(9) In Schedule A1(67) (counter-notice requiring purchase of land not in general vesting declaration), for paragraph 1(2) substitute-

"(2) But see article 27(4) (acquisition of subsoil, etc., only) of the Silvertown Tunnel Order 2018(68), which excludes the acquisition of subsoil or airspace only from this Schedule."

(10) References to the 1965 Act in the 1981 Act are to be construed as references to the 1965 Act as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (and as modified by article 25 (modification of Part 1 of the 1965Act)) to the compulsory acquisition of land under this Order.

Acquisition of subsoil, etc., only

27.-(1) TfL may acquire compulsorily so much of, or such rights over, the subsoil of and airspace over the land referred to in paragraph (1) of article 19 (compulsory acquisition of land) as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land.

(2) In the case of the Order land specified in columns (1) and (2) of Schedule 6 (land in which only subsoil or new rights above subsoil and surface may be acquired) TfL's powers of compulsory acquisition under article 19 are limited to-

(a)the acquisition of such subsoil; and

(b)the acquisition of such easements or other new rights and the imposition of restrictive covenants in the remaining subsoil and the surface of the land,

as TfL may require for or in connection with the authorised development.

(3) Where TfL acquires any part of, or rights over, the subsoil or surface of or airspace over land referred to in paragraphs (1) or (2), TfL is not required to acquire an interest in any other part of the land.

(4) The following do not apply in connection with the exercise of the power under paragraph (1) in relation to subsoil or airspace only-

(a)Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act;

(b)Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration) to the 1981 Act; and

(c)section 153(4A) (blighted land: proposed acquisition of part interest; material detriment test) of the Town and Country Planning Act 1990.

(5) Paragraphs (3) and (4) are to be disregarded where TfL acquires a cellar, vault, arch or other construction forming part of a house, building or manufactory or airspace above a house, building or manufactory.

(6) References in paragraph (2)(a) to subsoil are references to the subsoil lying at and below the depths specified in column (3) of Schedule 6 beneath the level of the surface of the land, and references to the remaining subsoil in paragraph (2)(b) are references to the part of the subsoil lying above the shallowest part of the subsoil acquired under paragraph (2)(a) but below the level of the surface of the land.

(7) For the purposes of paragraph (6) "the level of the surface of the land" means-

(a)in the case of any land on which a building is erected, the level of the surface of the ground adjoining the building;

(b)in the case of a river, dock, canal, navigation, watercourse or other water area, the level of the surface of the ground covered by water; or

(c)in any other case, ground surface level,

at the time of this Order coming into force.

Rights over or under streets

28.-(1) TfL may enter on, appropriate and use so much of the subsoil of, or airspace over, any street within the Order limits as may be required for the purposes of the authorised development.

(2) Subject to paragraph (3), TfL may exercise any power conferred by paragraph (1) in relation to a street without being required to acquire any part of the street or any easement or right in the street.

(3) Paragraph (2) does not apply in relation to-

(a)any subway or underground building; or

(b)any cellar, vault, arch or other construction in, on or under a street which forms part of a building fronting onto the street.

(4) Subject to paragraph (5), any person who is an owner or occupier of land in respect of which the power of appropriation conferred by paragraph (1) is exercised without TfL acquiring any part of that person's interest in the land, and who suffers loss as a result, is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.

(5) Compensation is not payable under paragraph (4) to any person who is an undertaker to whom section 85 (sharing cost of necessary measures) of the 1991 Act applies in respect of measures of which the allowable costs are to be borne in accordance with that section.

Temporary possession of land

Temporary use of land for carrying out the authorised development

29.-(1) TfL may, in connection with the carrying out of the authorised development but subject to article 21(1) (time limit for exercise of powers to possess land temporarily or to acquire land compulsorily)-

(a)enter on and take temporary possession of-

(i)the land specified in columns (1) and (2) of Schedule 7 (land of which only temporary possession may be taken) for the purpose specified in relation to that land in column (3) of that Schedule relating to the part of the authorised development specified in column (4) of that Schedule; and

(ii)any of the Order land in respect of which no notice of entry has been served under section 11(69)(powers of entry) of the 1965 Act (other than in connection with the acquisition of rights only) and no declaration has been made under section 4(70) (execution of declaration) of the 1981 Act;

(b)remove any buildings and vegetation from that land;

(c)construct temporary works (including the provision of means of access) and buildings on that land;

(d)construct any works on that land as are mentioned in Schedule 1 (authorised development); and

(e)provide any temporary car parking or storage facilities on that land for the benefit of landowners or occupiers temporarily displaced as a result of the carrying out of the authorised development.

(2) TfL's temporary possession of any part of the river Thames under paragraph (1) is limited to what is reasonably necessary for TfL safely to construct the authorised development but TfL is not permitted by this article to take temporary possession of the entire width of the river Thames within the Order limits except in an emergency.

(3) At times and places where TfL has taken temporary possession of any part of the river Thames under this article, on the coming into effect of a notice to mariners in accordance with article 17(7) (work in the river Thames: conditions), the public right of navigation over that part of the river Thames is suspended and unenforceable against the PLA.

(4) Any person who suffers loss as a result of the suspension of any private right of navigation under this article is entitled to be paid compensation for such loss by TfL, to be determined, in case of dispute, under Part 1 of the 1961 Act.

(5) Not less than 14 days before entering on and taking temporary possession of land under this article TfL must serve notice of the intended entry on the owners and occupiers of the land and that notice must state the works, facilities or other purpose for which TfL intends to take possession of the land.

(6) TfL may not, without the agreement of the owners of the land, remain in possession of any land under this article-

(a)in the case of any land specified in paragraph (1)(a)(i), after the end of the period of one year beginning with the date of completion of the part of the authorised development specified in relation to that land in column (4) of Schedule 7; or

(b)in the case of any land referred to in paragraph (1)(a)(ii), after the end of the period of one year beginning with the date of completion of the works, use of facilities or other purpose for which temporary possession of the land was taken unless TfL has, by the end of that period, served a notice of entry under section 11 of the 1965 Act or made a declaration under section 4 of the 1981 Act in relation to that land.

(7) Before giving up possession of land of which temporary possession has been taken under this article, TfL must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but TfL is not required to-

(a)replace a building removed under this article;

(b)restore the land on which any permanent works have been constructed under paragraph (1)(d);

(c)remove any ground strengthening works which have been placed on the land to facilitate construction of the authorised development; or

(d)remove any measures installed over or around statutory undertakers' apparatus to protect that apparatus from the authorised development.

(8) TfL must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of this article.

(9) Any dispute as to a person's entitlement to compensation under paragraph (8), or as to the amount of the compensation, is to be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(10) Nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (8) and nothing in this article affects any liability to pay compensation to the PLA under paragraph 49 of Schedule 13 (protective provisions).

(11) Where TfL takes possession of land under this article, TfL is not required to acquire the land or any interest in it.

(12) Section 13(71) (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.

Temporary use of land for maintaining the authorised development

30.-(1) Subject to paragraph (5), at any time during the maintenance period relating to any of the authorised development, TfL may-

(a)enter upon and take temporary possession of any land within the Order limits if possession is reasonably required for the purpose of maintaining the authorised development;

(b)enter on any land within the Order limits for the purpose of gaining such access as is reasonably required for the purpose of maintaining the authorised development; and

(c)construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose.

(2) TfL's temporary possession of any part of the river Thames under paragraph (1) is limited to what is reasonably necessary for TfL safely to carry out any maintenance of the authorised development but TfL is not permitted by this article to take temporary possession of the entire width of the river Thames within the Order limits except in an emergency.

(3) At times and places where TfL has taken temporary possession of any part of the river Thames under this article, on the coming into effect of a notice to mariners in accordance with article 17(7) (work in the river Thames: conditions) the public right of navigation over that part of the river Thames will be suspended and unenforceable against the PLA.

(4) Any person who suffers loss as a result of the suspension of any private right of navigation under this article is entitled to be paid compensation for such loss by TfL, to be determined, in case of dispute, under Part 1 of the 1961 Act.

(5) Paragraph (1) does not authorise TfL to take temporary possession of-

(a)any house or garden belonging to a house; or

(b)any building (other than a house) if it is for the time being occupied.

(6) Not less than 28 days before entering upon and taking temporary possession of land under this article TfL must serve notice of the intended entry on the owners and occupiers of the land and that notice must state the purpose for which TfL intends to take possession of the land including the particulars of the part of the authorised development for which possession is to be taken.

(7) TfL may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance of the part of the authorised development for which possession of the land was taken.

(8) Before giving up possession of land of which temporary possession has been taken under this article, TfL must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land.

(9) TfL must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.

(10) Any dispute as to a person's entitlement to compensation under paragraph (9), or as to the amount of the compensation, is to be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(11) Nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (9) and nothing in this article affects any liability to pay compensation to the PLA under paragraph 49 of Schedule 13 (protective provisions).

(12) Where TfL takes possession of land under this article, it is not required to acquire the land or any interest in it.

(13) Section 13 (refusal to give possession to the acquiring authority) of the 1965 Act applies to the temporary use of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.

(14) In this article "the maintenance period", in relation to any part of the authorised development, means the period of 5 years beginning with the date on which-

(a)that part of the authorised development is first opened for public use (where that part of the authorised development is intended to be used by the public); or

(b)in respect of any other part of the authorised development, that part is first brought into operational use by TfL.

Supplementary

Statutory undertakers

31.-(1) Subject to the provisions of article 22(2) (compulsory acquisition of rights), Schedule 13 (protective provisions) and paragraph (2), TfL may-

(a)exercise the powers conferred by articles 19 (compulsory acquisition of land) and 22 (compulsory acquisition of rights) in relation to so much of the Order land as belongs to statutory undertakers; and

(b)extinguish the rights of, remove or reposition the apparatus belonging to statutory undertakers over or within the Order land.

(2) Paragraph (1)(b) has no effect in relation to apparatus in respect of which the following provisions apply-

(a)Part 3 (street works in England and Wales) of the 1991 Act; or

(b)article 32 (apparatus and rights of statutory undertakers in stopped up streets).

Apparatus and rights of statutory undertakers in stopped up streets

32.-(1) Where a street is stopped up under article 9 (permanent stopping up of streets and private means of access), any statutory utility whose apparatus is under, in, on, along or across the street has the same powers and rights in respect of that apparatus, subject to the provisions of this article, as if this Order had not been made.

(2) Where a street is stopped up under article 9 any statutory utility whose apparatus is under, in, on, over, along or across the street may, and if reasonably requested to do so by TfL must-

(a)remove the apparatus and place it or other apparatus provided in substitution for it in such other position as the utility may reasonably determine and have power to place it; or

(b)provide other apparatus in substitution for the existing apparatus and place it in such position as described in sub-paragraph (a).

(3) Subject to the following provisions of this article, TfL must pay to any statutory utility an amount equal to the cost reasonably incurred by the utility in or in connection with-

(a)the execution of the relocation works required in consequence of the stopping up of the street; and

(b)the doing of any other work or thing rendered necessary by the execution of the relocation works.

(4) If in the course of the execution of relocation works under paragraph (2)-

(a)apparatus of a better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus; or

(b)apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by TfL, or, in default of agreement, is not determined by arbitration to be necessary, then, if it involves cost in the execution of the relocation works exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which, apart from this paragraph, would be payable to the statutory utility by virtue of paragraph (3) is to be reduced by the amount of that excess.

(5) For the purposes of paragraph (4)-

(a)an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and

(b)where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be treated as if it also had been agreed or had been so determined.

(6) An amount which, apart from this paragraph, would be payable to a statutory utility in respect of works by virtue of paragraph (3) (and having regard, where relevant, to paragraph (4)) must, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the utility any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

(7) Paragraphs (3) to (6) do not apply where the authorised development constitutes major highway works, major bridge works or major transport works for the purposes of Part 3 of the 1991 Act, but instead-

(a)the allowable costs of the relocation works are to be determined in accordance with section 85 (sharing of cost of necessary measures) of that Act and any regulations for the time being having effect under that section; and

(b)the allowable costs are to be borne by TfL and the statutory utility in such proportions as may be prescribed by any such regulations.

(8) In this article-

"relocation works" means work executed, or apparatus provided, under paragraph (2); and

"statutory utility" means a statutory undertaker for the purposes of the 1990 Act or a public communications provider as defined in section 151(1) (interpretation) of the Communications Act 2003(72).

Recovery of costs of new connection

33.-(1) Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 31 (statutory undertakers) any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from TfL compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.

(2) Paragraph (1) does not apply in the case of the removal of a public sewer but where such a sewer is removed under article 31, any person who is-

(a)the owner or occupier of premises the drains of which communicated with that sewer; or

(b)the owner of a private sewer which communicated with that sewer,

is entitled to recover from TfL compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the drain or sewer belonging to that person communicate with any other public sewer or with a private sewerage disposal plant.

(3) This article does not have effect in relation to apparatus to which article 32 (apparatus and rights of statutory undertakers in stopped up streets) or Part 3 of the 1991 Act applies.

(4) In this article-

"public communications provider" has the same meaning as in section 151(1) (interpretation) of the Communications Act 2003; and

"public utility undertaker" means a gas, water, electricity or sewerage undertaker.

Special category land

34.-(1) On the exercise by TfL of the relevant Order powers, so much of the special category land as is required for the purposes of the exercise of those rights is discharged from all rights, trusts and incidents to which it was previously subject, so far as their continuance would be inconsistent with the exercise of the relevant Order powers.

(2) In this article-

"the relevant Order powers" means powers exercisable over the special category land by TfL under article 22 (compulsory acquisition of rights); and

"the special category land" means the land identified as forming open space and numbered 03-021, 03-029, 03-037, 03-037b and 03-037c in the book of reference and on the special category land plan.

Disposals by the Greater London Authority

35.-(1) The following are not to be regarded as a disposal by the GLA for the purposes of section 333ZC(73) (disposal etc of land held for housing and regeneration purposes) of the 1999 Act-

(a)the making of any agreement between TfL and the GLA before this Order comes into force in anticipation of the exercise of the powers of this Order by TfL;

(b)the implementation of any such agreement; and

(c)the exercise of the powers of this Order by TfL in accordance with that agreement.

(2) In this article the GLA includes a company or body through which the GLA exercises functions in relation to housing or regeneration.

(3) Paragraph (1)(a) does not apply to a subsequent variation of any agreement made between TfL and the GLA before this Order comes into force.

Compensation

Disregard of certain interests and improvements

36.-(1) In assessing the compensation payable to any person on the acquisition from that person of any land or right over any land under this Order, the tribunal must not take into account-

(a)any interest in land; or

(b)any enhancement of the value of any interest in land by reason of any building erected, works executed or improvement or alteration made on relevant land,

if the tribunal is satisfied that the creation of the interest, the erection of the building, the execution of the works or the making of the improvement or alteration as part of the authorised development was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.

(2) In paragraph (1) "relevant land" means the land acquired from the person concerned or any other land with which that person is, or was at the time when the building was erected, the works executed or the improvement or alteration made as part of the authorised development, directly or indirectly concerned.

Set-off for enhancement in value of retained land

37.-(1) In assessing the compensation payable to any person in respect of the acquisition from that person under this Order of any land (including the subsoil) the tribunal must set off against the value of the land so acquired any increase in value of any contiguous or adjacent land belonging to that person in the same capacity which will accrue to that person by reason of the construction of the authorised development.

(2) In assessing the compensation payable to any person in respect of the acquisition from that person of any new rights over land (including the subsoil) under article 22 (compulsory acquisition of rights), the tribunal must set off against the value of the rights so acquired-

(a)any increase in the value of the land over which the new rights are required; and

(b)any increase in value of any contiguous or adjacent land belonging to that person in the same capacity,

which will accrue to that person by reason of the construction of the authorised development.

(3) The 1961 Act has effect, subject to paragraphs (1) and (2), as if this Order were a local enactment for the purposes of that Act.

No double recovery

38.  Compensation is not payable in respect of the same matter both under this Order and under any other enactment, any contract or any rule of law, or under two or more different provisions of this Order.

PART 4OPERATIONAL PROVISIONS

Application of Part 4

39.-(1) Articles 42 (power to operate and use the tunnels) and 43 (closing the tunnels) only apply and have effect from the date the Silvertown Tunnel is first opened for public use.

(2) Articles 44 (removal of motor vehicles) to 46 (dangerous goods), 48 (byelaws relating to the Silvertown Tunnel area and the Blackwall Tunnel area) and 49 (fixed penalty notices) only apply-

(a)to the Blackwall Tunnel area from the date of the commencement of construction of the Silvertown Tunnel; and

(b)to the Silvertown Tunnel area from the date the Silvertown Tunnel is first opened for public use.

(3) For the purposes of this Part the date of commencement of construction of the Silvertown Tunnel is the date specified in a notice published by TfL in the London Gazette.

Maintenance of the authorised development

40.-(1) TfL may at any time maintain the authorised development.

(2) Paragraph (1) does not extend to any maintenance works which would give rise to any materially new or materially different environmental effects to those assessed in the environmental statement.

(3) On the expiry of any maintenance period defined in article 30(14) (temporary use of land for maintaining the authorised development) in respect of any part of the authorised development, but subject to article 3(4) (disapplication of legislation, etc.), sections 66 (licensing of works) to 75 (lands above mean high water level) of the 1968 Act apply to the exercise of the powers of this article in relation to that part.

Local legislation relating to the Blackwall Tunnel

41.  The provisions of the Thames Tunnel (Blackwall) Act 1887(74) and the London County Council (Tunnel and Improvements) Act 1938(75), and any other local enactment relating to the Blackwall Tunnel area, have effect subject to the provisions of this Order.

Power to operate and use the tunnels

42.  TfL may operate and use the tunnels.

Closing the tunnels

43.-(1) TfL may, whenever in its opinion it is necessary to do so, close either or both of the tunnels, whether wholly or partially.

(2) Where TfL proposes to close either or both of the tunnels, it must except in an emergency-

(a)give not less than 7 days' notice in such manner as TfL considers appropriate; and

(b)throughout the period of such closure display signs at convenient situations on the roads communicating with the tunnels giving warning of the closure.

(3) In this article "emergency" means any circumstance existing or imminent which TfL considers is likely to cause danger to-

(a)persons or property, including the tunnels or any person in or using the tunnels; or

(b)the environment.

Removal of motor vehicles

44.-(1) If any obstruction is caused by a motor vehicle waiting, loading, unloading or breaking down in the tunnels areas, the person in charge of the motor vehicle must immediately remove it; and if that person fails to do so an authorised person may take all reasonable steps to remove the obstruction.

(2) An authorised person who removes a motor vehicle under paragraph (1) may do so by towing or driving the motor vehicle or in such other manner as the authorised person may think necessary and may take such measures in relation to the motor vehicle as the authorised person considers necessary to enable the motor vehicle to be removed.

(3) Where an authorised person requires a person to remove a motor vehicle which is causing an obstruction in the circumstances described under paragraph (1) and the authorised person determines that the manner of removal proposed by the person required to remove it may cause danger to other persons using the road, the authorised person may require the motor vehicle to be moved in such other manner as the authorised person considers safe or may remove or arrange for the removal of the motor vehicle if the person required to remove it refuses to remove it in the manner so required.

(4) A motor vehicle removed by an authorised person under this article-

(a)may be returned immediately to the person in charge of that motor vehicle; or

(b)where immediate return of that motor vehicle to the person in charge of it is not practicable or appropriate, must be delivered to TfL or to a person authorised by TfL to keep motor vehicles so removed ("the custodian" in either case).

(5) In a case where the owner of the motor vehicle has disclaimed all rights of ownership of the motor vehicle and its contents, the custodian may dispose of them in such manner as it sees fit at any time.

(6) In any case not falling within paragraph (5), a motor vehicle or its contents must not be disposed of before the end of the period of five weeks beginning with the date on which the motor vehicle was removed and until the custodian has, for the purpose of ascertaining the owner of the motor vehicle, taken such steps as are specified in paragraph (7) and either-

(a)the custodian has failed to ascertain the name and address of the owner; or

(b)the owner has failed to comply with a notice complying with paragraph (8) served on the owner by post.

(7) The steps referred to in paragraph (6) are-

(a)if the motor vehicle carries a United Kingdom registration mark, the custodian must ascertain from the records kept by the Secretary of State under the Vehicle Excise and Registration Act 1994(76) the name and address of the person by whom the motor vehicle is kept; and

(b)if the motor vehicle does not carry such a registration mark, the custodian must make such inquiries as appear to the custodian reasonably practicable to ascertain the owner of the motor vehicle.

(8) A notice under paragraph (6)(b) must be addressed to the owner which-

(a)states-

(i)reasons for the removal of the motor vehicle;

(ii)the place to which the motor vehicle has been removed;

(iii)the registration mark and make of the motor vehicle;

(iv)the steps to be taken to obtain possession of the motor vehicle;

(v)the outstanding penalty charges payable in respect of the motor vehicle; and

(vi)that unless the motor vehicle is removed by the owner on or before the date specified in sub-paragraph (b), the custodian intends to dispose of it; and

(b)requires the owner to remove the motor vehicle from the custody of the custodian within 21 days of the date on which the notice was served.

(9) The custodian is entitled to treat the registered keeper of the motor vehicle as the person entitled to its contents unless and to the extent that some other person satisfies the custodian of their claim to all or part of them.

(10) Where it appears to the custodian that more than one person is the owner of the motor vehicle-

(a)the notice under paragraph (6)(b) must be sent to all persons appearing to be the owner of the motor vehicle; and

(b)the motor vehicle may not be disposed of in accordance with paragraph (5) unless all persons appearing to be the owners have disclaimed all rights of ownership.

(11) Where a motor vehicle has been removed and delivered into the custody of a custodian in accordance with paragraph (4), the custodian may (whether or not any claim is made under this article) recover from the person who was the owner of the motor vehicle when the motor vehicle was removed the charges applied by paragraph (16) for-

(a)its removal and storage; and

(b)if the motor vehicle has been disposed of, its disposal.

(12) Where, by virtue of paragraph (11)(a), any sum is recoverable in respect of a motor vehicle by a custodian, the custodian is entitled to retain custody of it until that sum is paid.

(13) Where-

(a)it appears to the custodian that more than one person is the owner of the motor vehicle; and

(b)one of those owners, or a person authorised by one of those owners, has gained possession of the motor vehicle under paragraph (19),

then the owner who gained possession of the motor vehicle under paragraph (19) must be treated as the owner from whom the sum is recoverable.

(14) Where-

(a)it appears to the custodian that more than one person is the owner; and

(b)one of those owners has made a claim under paragraph (23) that satisfies the conditions in paragraph (24),

then the owner who made the claim under paragraph (23) must be treated as the owner from whom the sum is recoverable.

(15) Where-

(a)it appears to the custodian that more than one person is the owner of the motor vehicle; and

(b)neither paragraph (13) nor paragraph (14) applies,

then those persons must be treated as jointly and severally liably for the prescribed charges.

(16) Penalty charges in respect of the removal, storage and disposal of vehicles imposed by a statement of charges published under article 54(5) (power to charge for use of the tunnels) apply to the removal, storage and disposal of motor vehicles under this article.

(17) A person ("the claimant") may take possession of a motor vehicle (with its contents) which has been removed and delivered to a custodian and has not been disposed of under this article, if the conditions specified in paragraph (18) are satisfied.

(18) The conditions are that-

(a)the claimant satisfies the custodian that the claimant is the owner of the motor vehicle or that the claimant is authorised by the owner to take possession of the motor vehicle; and

(b)all outstanding penalty charges applied by paragraph (16) are paid to TfL.

(19) On giving the claimant possession of a motor vehicle pursuant to this article, the custodian must give the claimant a statement of the right of the owner (or the person in charge of the motor vehicle when the motor vehicle was removed) to appeal, of the steps to be taken in order to appeal and of the address to which representations should be sent.

(20) Where it appears to the custodian that more than one person is the owner of the motor vehicle, or person authorised by the owner, the custodian must give possession of the motor vehicle to the first claimant who satisfied the conditions set out in paragraph (18).

(21) Schedule 8 (removal of motor vehicles and recovery of penalty charges) has effect in relation to appeals against the imposition of penalty charges and the service of penalty charge notices.

(22) An adjudicator appointed by the Lord Chancellor under regulation 3 of the Road User Charging (Enforcement and Adjudication) (London) Regulations 2001(77) is an adjudicator for the purposes of hearing appeals under Schedule 8.

(23) If, after a motor vehicle has been disposed of by a custodian pursuant to this article, a person claims to have been the owner of the motor vehicle at the time when it was disposed of and the conditions specified in paragraph (24) are fulfilled, a sum calculated in accordance with paragraph (25) is payable by the custodian to the owner.

(24) The conditions are that-

(a)the person claiming satisfies the custodian that the person so claiming was the owner of the motor vehicle at the time it was disposed of;

(b)the claim is made before the end of the period of one year beginning with the date on which the motor vehicle was disposed of; and

(c)no previous claim in respect of the motor vehicle has been made.

(25) The sum payable under paragraph (23) is calculated by deducting from the proceeds of sale the sums that would have been payable under paragraph (18)(b) had the motor vehicle been claimed by the owner immediately before its disposal together with such penalty charge as may be imposed in respect of the disposal of a motor vehicle.

(26) Where it appears to the custodian of a motor vehicle that more than one person is the owner, the custodian must treat the first person who makes a claim that satisfies the conditions set out in paragraph (24) as the owner for the purposes of this article.

(27) For the purposes of this article the owner of a motor vehicle is taken to be the person by whom the motor vehicle is kept; and in determining for those purposes who was the owner of the motor vehicle at any time, it is presumed (unless the contrary appears) that the owner was the person in whose name the motor vehicle was at that time registered under the Vehicle Excise and Registration Act 1994(78).

(28) For the purposes of this article "breaking down" includes by way of a mechanical defect, lack of fuel, oil, water or power required for the motor vehicle or any other circumstances in which a person in charge of the motor vehicle could not immediately, safely and without damage to the motor vehicle or its accessories drive it under its own power away from the tunnels areas.

Removal of other obstructions

45.-(1) Where an obstruction or hazard is caused in the tunnels areas by a load falling from a motor vehicle and the person in charge of the motor vehicle fails to remove it, an authorised person may take all reasonable steps to remove the load.

(2) An authorised person-

(a)may return a load which the authorised person has removed immediately to the person in charge of the motor vehicle from which it has fallen; or

(b)where a return of the load which the authorised person has removed to the person in charge of the motor vehicle from which it has fallen is not practicable or appropriate, must deliver the load to TfL or to a person authorised by TfL to keep loads so removed ("the custodian" in either case).

(3) The custodian must take reasonable steps to ascertain the identity of the owner of the load.

(4) Where the custodian has been unable to ascertain contact details for the owner of the load, the custodian may dispose of or sell the load as the custodian thinks fit.

(5) Where the custodian has been able to ascertain contact details for the owner of the load, the custodian must notify such person that-

(a)the load is in the possession of the custodian;

(b)the owner must take possession of the load within five weeks of the date of the notice;

(c)the owner may only take possession of the load on the payment of the custodian's expenses in removing and storing the load; and

(d)if the owner fails to act in accordance with the requirements in the notice, title in the load vests in the custodian.

(6) The custodian may recover any expenses reasonably incurred in the removal and storage of a load from the owner of the load.

(7) Unless the owner of the load acts in accordance with the notice requirements, title in the load vests in the custodian on the date specified in the notice.

(8) Where a load consists of, or includes, liquids or semi-liquids or items which are loose or an aggregate, or noxious, perishable or otherwise hazardous or difficult to collect-up or remove, and the driver of the motor vehicle fails to remove it or the fallen load poses a hazard, paragraphs (2) to (7) do not apply and an authorised person or custodian (as the case may be) may, as it sees fit, immediately wash, clean or clear away or remove the fallen load or otherwise dispose of it or sell it.

Dangerous goods

46.-(1) Charges imposed under article 54 (power to charge for use of the tunnels) may include provision for charges to be imposed for-

(a)escorting motor vehicles carrying dangerous goods through the tunnels; and

(b)the recovery of TfL's reasonable administrative costs incurred in granting applications for consent to taking such goods into the tunnels to the extent required by byelaws made under article 48 (byelaws relating to the Silvertown Tunnel area and the Blackwall tunnel area).

(2) TfL is to be treated as having in the tunnels areas the same enforcement powers as any body mentioned in regulation 32 (enforcement) of the Carriage of Dangerous Goods and the Use of Transportable Pressure Equipment Regulations 2009(79) in relation to roads and to the extent permitted by regulation 32.

(3) The exercise of the enforcement powers mentioned in paragraph (2) is subject to any limitation which applies to the Health and Safety Executive under the regulations.

(4) Nothing in this article prejudices or prevents a body mentioned in regulation 32 of the Carriage of Dangerous Goods and the Use of Transportable Pressure Equipment Regulations 2009 from exercising any power conferred on it by those regulations.

No apparatus in the Silvertown Tunnel area without consent

47.-(1) Regardless of anything contained in any enactment, no person is to enter upon, break up or interfere with the Silvertown Tunnel area, or any part of it, for the purpose of placing or doing anything in or in relation to any sewer, drain, main, pipe, wire or other apparatus or executing any work except with the written consent of TfL and in accordance with such terms and conditions as TfL may determine, including as to payment, such consent not to be unreasonably withheld and any disputes as to failure to consent or over terms and conditions to be subject to the arbitration provisions in article 69 (arbitration).

(2) This article is subject to paragraph 50 of Schedule 13 (protective provisions).

Byelaws relating to the Silvertown Tunnel area and the Blackwall Tunnel area

48.-(1) TfL may make byelaws regulating-

(a)the efficient management and operation of the tunnels areas;

(b)travel in the tunnels areas;

(c)the maintenance of order in the tunnels areas; and

(d)the conduct of persons in the tunnels areas.

(2) The byelaws contained in Schedule 9 (Blackwall and Silvertown Tunnels byelaws)-

(a)are to be treated as byelaws made by TfL under paragraph (1) and subsequently confirmed by the Secretary of State on the date this Order comes into force;

(b)take effect on the date this article applies to the Blackwall Tunnel area or the Silvertown Tunnel area, as the case may be, by virtue of article 39 (application of Part 4); and

(c)continue to have effect in relation to the Blackwall Tunnel area and the Silvertown Tunnel area until such time as they are amended or revoked by further byelaws made under paragraph (1).

(3) Subject to paragraph (4), the provisions of subsections 236(3) to (8), (10C) and (11) of the Local Government Act 1972(80) (procedure etc., for byelaws) apply in relation to byelaws made by TfL under paragraph (1), except that the application of section 236(10C) only requires TfL to send a copy of any byelaws made by it and subsequently confirmed to-

(a)the Mayor of London;

(b)the Council of the London Borough of Newham;

(c)the Council of the London Borough of Tower Hamlets; and

(d)the Council of the Royal Borough of Greenwich.

(4) TfL may make byelaws under paragraph (1) in accordance with the procedure in the Byelaws (Alternative Procedure) (England) Regulations 2016(81) as if those regulations applied to the making and revoking of byelaws under this article.

(5) Byelaws made under this article are enforceable by TfL and any authorised person.

(6) A person who breaches any byelaw made under this article commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(7) The Blackwall Tunnel By-laws 1968 are revoked as from the date of the commencement of construction of the Silvertown Tunnel.

Fixed penalty notices

49.-(1) This article applies where it appears to an authorised person that a person has committed an offence under byelaws made under article 48 (byelaws relating to the Silvertown Tunnel area and the Blackwall Tunnel area).

(2) The authorised person may serve on that person a fixed penalty notice in respect of the offence.

(3) Where a person is given a fixed penalty notice under this article in respect of an offence-

(a)no proceedings may be instituted for that offence before the expiration of 14 days after the date of the notice; and

(b)that person may not be convicted of the offence if the fixed penalty is paid before the expiration of 14 days after the date of the notice.

(4) A fixed penalty notice must state-

(a)the amount of the fixed penalty;

(b)particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence;

(c)the time by which and the manner (including the number to be used for payments by credit or debit card) in which the fixed penalty must be paid; and

(d)that proceedings may be instituted if payment is not made within the time specified in the fixed penalty notice.

(5) The amount of the fixed penalty is-

(a)one fifth of the maximum amount of the fine to which the person to whom the fixed penalty notice is issued would be liable on summary conviction provided that person pays the fixed penalty in full within 7 days of issue of the fixed penalty notice; or

(b)one half of the maximum amount of the fine to which the person to whom the fixed penalty notice is issued would be liable on summary conviction.

(6) An authorised person may require a person to whom this article applies to pay a deposit of one tenth of the maximum amount of the fine to which a person may be liable under level 3 on the standard scale on accepting a fixed penalty notice if that person fails to provide, when requested, a residential address in the United Kingdom.

(7) Payment of the deposit must be made-

(a)in person to the authorised person by cash, credit or debit card, if the authorised person has the necessary means to accept payment in that manner;

(b)by telephone by credit or debit card to the number stipulated in the fixed penalty notice for making payments; or

(c)by App.

(8) TfL must apply the deposit towards payment of the fixed penalty.

(9) In any proceedings a certificate which-

(a)purports to be signed on behalf of the chief finance officer of TfL; and

(b)states that payment of a fixed penalty was or was not received by a date specified in the certificate,

is evidence of the facts stated.

(10) In this article-

"App" means a software application for use on an electronic device which provides for payment by credit or debit card and which is provided by TfL for that purpose;

"credit card" means a card or similar thing issued to any person, use of which enables the holder to defer payment of the deposit;

"debit card" means a card or similar thing issued by any person, use of which causes the deposit to be paid by the electronic transfer of funds from any current account of the holder at a bank or other institution providing banking facilities; and

"fixed penalty notice" means a notice offering the opportunity of the discharge of liability to conviction of an offence under byelaws made under article 48.

Classification of roads, etc.

50.-(1) The roads described in paragraphs 1 to 3 and 19 to 22 of Part 1 of Schedule 10 (classification of roads, etc.) are to be classified as the A12 from such day as TfL may determine, as if such classification had been made under section 12(3) (general provision as to principal and classified roads) of the 1980 Act.

(2) The roads described in paragraphs 6 to 18 of Part 1 of Schedule 10 are be classified as the A102 from such day as TfL may determine, as if such classification had been made under section 12(3) of the 1980 Act.

(3) The roads described in paragraphs 4 to 18 of Part 1 of Schedule 10 are to become GLA roads on such day as TfL may determine, as if from that day they were the subject of an order directing the same under section 14B(82) (orders of the authority changing what are GLA roads) of the 1980 Act.

(4) The road described in Part 2 of Schedule 10 is to cease to be a GLA road on such day as TfL may determine, as if from that day it was the subject of an order directing the same under section 14B of the 1980 Act.

(5) TfL must publish a notice in the London Gazette of any determination it makes under this article specifying the details of the determination and the date on which it takes effect.

Operational land for purposes of the 1990 Act

51.  Development consent granted by this Order is to be treated as specific planning permission for the purposes of section 264(3)(a) (cases in which land is to be treated as operational land for the purposes of that Act) of the 1990 Act.

Restrictions on other works in the river Thames

52.-(1) For the purposes of ensuring the protection of the Silvertown Tunnel, the PLA must not carry out the following activities within the part of the river Thames that is situated within the Order limits without the consent of TfL, which must not be unreasonably withheld or delayed-

(a)in Regions 1, 3 and 4 (subject to paragraph (2))-

(i)any dredging below the lines shown on the river restrictions section;

(ii)the installation of a mooring or other structure where its foundation would be at a depth exceeding 1 metre below the bed of the river Thames;

(iii)any piling activities; or

(iv)any designation of any anchorage; and

(b)in Region 2-

(i)any dredging which would result (either during the course of the dredging or on completion of the dredging) in the surface of the bed of the river Thames lying at a depth exceeding 5.80 metres below chart datum; or

(ii)any other activity which might reasonably be expected to result in any part of the surface of the bed of the river Thames lying at a depth exceeding 5.80 metres below chart datum,

subject, in relation to dredging (sub-paragraphs (a)(i) and (b)(i)) or any activity within sub-paragraph (b)(ii), to the addition of any ‘over-dredge' of 0.5 metres where this occurs in the course of a standard dredging methodology being employed.

(2) In the event that the navigable channel of the river Thames has moved such that any part of it lies within Region 4, the PLA must give notice in writing to TfL as soon as reasonably practicable, and in any event before carrying out any dredging or other activity which as the result of the move requires TfL's consent under paragraph (1).

(3) A notice given under paragraph (2) has the effect that the restrictions applicable to Region 2 apply to that part of Region 4 within which any part of the navigable channel of the river Thames lies.

(4) Subject to paragraph (5), the PLA must not grant a river works licence under section 66 (licensing of works) of the 1968 Act or a dredging licence under section 73(83) (licensing of dredging, etc) of that Act-

(a)in respect of any Region, licensing any activity mentioned in paragraph (1)(a) or (1)(b); or

(b)within any new part of the river Thames, licensing any activity,

without the consent of TfL, which must not be unreasonably withheld or delayed.

(5) Paragraph (4) does not have effect until TfL has notified the PLA of a designation under paragraph (9)(a)(ii).

(6) If TfL receives an application for consent under paragraph (4) and fails to notify the PLA of its decision before the end of the period of 28 days beginning on the day on which the application was received, TfL is deemed to have refused its consent.

(7) If the PLA contravenes the provisions of paragraph (1), or if any activity is carried out by any other person but the provisions of paragraph (4) have not been complied with in relation to the activity, TfL may by notice in writing require the PLA, or the person who is carrying out or has carried out the activity concerned, to remove or abate any works to which the contravention relates (in accordance with the reasonable requirements of TfL) within a reasonable time specified in the notice and to restore the part of the river Thames concerned to its former condition. If the person to whom the notice is given fails to comply with the notice, TfL may carry out the work required by the notice and recover the reasonable costs of so doing from that person.

(8) After receiving from TfL as built drawings under paragraph 36 of Schedule 13 (protective provisions), the PLA must as soon as reasonably practicable update its navigation charts to illustrate the position of the Silvertown Tunnel.

(9) TfL must-

(a)designate-

(i)the person to whom notice should be given under paragraph (2); and

(ii)the person to whom an application for consent should be made under paragraph (4),

(and may from time to time alter any such designation); and

(b)give the PLA written notification of any such designation.

(10) For the purposes of this article any reference to a Region is a reference to the corresponding Region shown on the river restrictions plan and the grid coordinates of each Region are set out below and also shown on the river restrictions plan-

(11) In this article-

"new part of the river Thames" means any part of the river Thames within the Order limits (not shown on the river restrictions plan and the river restrictions section) that is created as a result of the river walls shown on that plan and section being repaired or replaced so that the width of the river Thames is increased;

"the river restrictions section" means the document of that description listed in Schedule 14 (documents to be certified) certified by the Secretary of State as the river restrictions section for the purposes of this Order;

"the river restrictions plan" means the document of that description listed in Schedule 14 certified by the Secretary of State as the river restrictions plan for the purposes of this Order; and

"the river Thames" means so much of the river Thames including streams, creeks and watercourses as is below mean high water level.

(12) Any dispute arising between TfL and the PLA under this article is to be determined as provided in article 68 (arbitration).

PART 5USER CHARGING

The charging policy

53.-(1) TfL must exercise its functions under this Part in accordance with the policies and procedures set out in the charging policy.

(2) TfL may revise the charging policy but only after it has-

(a)consulted in relation to the proposed changes to the charging policy-

(i)organisations it considers representative of regular users of the tunnels; and

(ii)the members of STIG;

(b)had regard to the responses to the consultation carried out under sub-paragraph (a); and

(c)submitted the proposed revised charging policy to the Mayor of London for approval.

(3) Any revised charging policy proposed by TfL will only have effect if it is approved by the Mayor of London, who may approve it with or without modifications.

(4) If the Mayor of London intends to approve a revised charging policy with material modifications, the Mayor of London must consult-

(a)organisations the Mayor considers representative of regular users of the tunnels; and

(b)the members of STIG,

on the proposed modifications and must have regard to any responses to the consultation received when deciding whether to approve a revised charging policy.

Power to charge for use of the tunnels

54.-(1) Subject to and in accordance with the provisions of this Part, from the date when the Silvertown Tunnel is first opened for public use, TfL may levy charges in respect of motor vehicles using either of the tunnels.

(2) The charge payable to TfL for use of the tunnels by any motor vehicle is at such a level for that class of vehicle as TfL may from time to time determine.

(3) TfL may determine different charges (including a nil charge)-

(a)as between the tunnels;

(b)for different classes of motor vehicles;

(c)for different times of the day;

(d)for different days of the week;

(e)for different directions of travel; and

(f)for different methods or means of recording, administering, collecting or paying the charge.

(4) Any charge payable to TfL under this article may be waived, suspended, reduced, compounded or discounted by TfL at any time.

(5) TfL must publish the charges determined under paragraph (3) in a statement of charges in such manner as TfL considers appropriate not later than 56 days before the charges are intended to take effect.

(6) The statement of charges published under paragraph (5) must set out, amongst other things-

(a)the tunnels in respect of which the charges apply;

(b)the classification of motor vehicles for the purposes of determining the charge payable by any motor vehicle;

(c)the times at and days on which the charges will be payable;

(d)the amount of the charges payable;

(e)exemptions from charges;

(f)discounts from charges;

(g)any documents or equipment specified by TfL under article 55(3) (payment and recovery of charges and penalty charges);

(h)payment means or methods;

(i)a summary of the applicable enforcement provisions; and

(j)any matter related to the provisions applied by article 56(3) (penalty charges, examination of motor vehicles, etc.).

(7) Where any motor vehicle falls within the definition of more than one class of vehicles it is deemed to fall in the class of vehicle bearing the highest charge.

(8) References in this Part to classes of motor vehicles are references to the classes defined or described by reference to any characteristics of the motor vehicles or to any other circumstances.

Payment and recovery of charges and penalty charges

55.-(1) The person liable to pay any charge payable under this Part, and any penalty charge imposed in connection with this Part, is the registered keeper of the motor vehicle concerned.

(2) The charge, and any penalty charge, must be paid by such methods or means as may be specified in the statement of charges published under article 54(5) (power to charge for use of the tunnels).

(3) To enable the collection of charges by a particular method or means of payment TfL may specify in the statement of charges-

(a)documents required to be displayed by; or

(b)equipment required to be carried on board,

any motor vehicle in respect of which the charge is to be paid using that method or means of payment.

(4) TfL may enter into an agreement with any person ("an advance payment agreement") under which, on such terms as may be provided by the agreement, charges for a motor vehicle to be used in the Blackwall Tunnel or the Silvertown Tunnel may be paid in advance.

(5) An advance payment agreement may relate to such use of the Blackwall Tunnel or the Silvertown Tunnel, on such number of occasions or during such period, as may be provided by it, may provide for a reduction in the charges payable and may make any other necessary provision including in relation to payment of an administration charge.

(6) Where any charge payable under this Part, and any penalty charge imposed in connection with this Part, remains unpaid after it has become due for payment, TfL may recover from the person liable to pay the charge the amount of the charge together with all other reasonable costs and expenses including administrative expenses, enforcement expenses and interest arising out of any such failure to pay.

(7) TfL may appoint any person to collect as its agent any charge payable under this Part and any penalty charge imposed in connection with this Part.

Penalty charges, examination of motor vehicles, etc.

56.-(1) Regulations made under paragraph 12(84) (penalty charges) of Schedule 23 (road user charging) to the 1999 Act have effect in relation to the tunnels as if the statement of charges published under article 54(5) (power to charge for use of the tunnels) is a charging scheme made by order under that Schedule, TfL is the charging authority and the tunnels are the charging area.

(2) The following paragraphs of Schedule 23 to the 1999 Act, and any regulations made under them, have effect in relation to the tunnels as if the statement of charges published under article 54(5) is a charging scheme made by order under that Schedule, TfL is the charging authority and the tunnels are the charging area-

(a)paragraph 14 (installation of equipment on roads or elsewhere);

(b)paragraph 25 (offences);

(c)paragraph 26 (examination of motor vehicles, etc.);

(d)paragraph 27 (removal or immobilisation of motor vehicles); and

(e)paragraph 30 (evidence).

(3) Sections 5 (contravention of requirement of TfL scheme), 6 (extension of power to include enforcement provisions in TfL scheme) and 8 (failure to notify changes in eligibility for exemptions etc.) of the Transport for London Act 2008(85) apply to the tunnels as if the statement of charges published under article 54(5) is a TfL scheme within the meaning of that Act.

Application by TfL of charges levied

57.  The charges payable under this Part, and any penalty charges imposed in connection with this Part, may be applied by TfL in-

(a)paying the costs and expenses incurred in planning, consenting, designing, constructing, managing, operating and maintaining the Silvertown Tunnel (including in relation to the implementation of necessary mitigation) and any costs associated with financing any of the same;

(b)paying the costs and expenses incurred in managing, operating and maintaining the Blackwall Tunnel and any costs associated with financing any of the same;

(c)providing such funds as are, or are likely to be, necessary to discharge TfL's obligations contained in any agreement entered into by TfL under article 59 (transfer of benefit of Order, etc.);

(d)making payment into any maintenance or reserve fund kept in respect of the Silvertown Tunnel or the Blackwall Tunnel; and

(e)making payments to TfL's general fund.

PART 6MISCELLANEOUS AND GENERAL

Benefit of Order

58.-(1) Subject to article 59 (transfer of benefit of Order, etc.) and paragraph (2), the provisions of this Order conferring functions on TfL have effect solely for the benefit of TfL.

(2) Paragraph (1) does not apply to the works for which the consent is granted by this Order for the express protection, benefit or accommodation of owners and occupiers of land, statutory undertakers and other persons affected by the authorised development.

Transfer of benefit of Order, etc.

59.-(1) TfL may, regardless of any provision in any enactment, enter into agreements-

(a)to transfer, charge or otherwise dispose of to another person ("the transferee") any interest of TfL in the authorised development or TfL's right to construct, maintain, use or operate the authorised development; or

(b)to grant to another person ("the grantee") for a period agreed between TfL and the grantee any interest of TfL in the authorised development or TfL's right to construct, maintain, use or operate the authorised development; and

(c)that are connected with or consequential on any agreement entered into under sub-paragraph (a) or (b),

and, with the consent of the Mayor of London, TfL may provide for the transferee, the grantee or another person to exercise or be responsible for any functions of TfL relevant to those agreements, including any of its functions under this Order, either exclusively or concurrently with TfL or any other person.

(2) Any agreement referred to in paragraph (1) may provide (to the extent TfL considers necessary in connection with the design, construction, financing, funding, maintenance, use or operation of the authorised development) for-

(a)any matters that are connected with the matters referred to in that paragraph or are consequential on them;

(b)the financing or defraying of, or the making of contributions by TfL or by any other person towards, the cost of designing, constructing, maintaining, using or operating the authorised development;

(c)TfL to provide services and facilities to the transferee, grantee or any other person on such terms (including as to payment) as the parties think fit; and

(d)TfL or the transferee, grantee or any other person to provide guarantees, indemnities or any other form of security.

(3) Where an agreement has been made under paragraph (1), references in this Order, or in any document certified under article 65 (certification of documents), to TfL are to be read as including references to the transferee, the grantee or any other person who may exercise, enjoy or be responsible for any functions of TfL pursuant to that agreement.

(4) Paragraph (3) does not apply to-

(a)the code of construction practice mentioned in paragraph 5 of Schedule 2 (requirements); and

(b)references to "the TfL Board" in Procedure 1 and Procedure 2 of the charging policy.

(5) The exercise by any person further to any agreement made under paragraph (1), of the functions conferred by or under this Order or any other enactment, is subject to the same restrictions, liabilities and obligations as would apply by or under this Order if those powers were exercised by TfL.

(6) Subject to paragraph (7), any consent given by the Mayor of London under paragraph (1) may be given subject to such reasonable terms and conditions as the Mayor considers appropriate in the circumstances.

(7) The Mayor of London must not give consent under paragraph (1) to any proposal for the transfer of any compulsory acquisition or temporary possession function unless the Secretary of State has certified in writing that the Secretary of State is satisfied that the person proposed to exercise or be responsible for that function has sufficient resources to discharge all associated compensation liabilities.

(8) TfL must within 10 business days after entering into an agreement under paragraph (1) in relation to which any functions of TfL in respect of the deemed marine licence granted by article 62 are transferred to another party, notify the MMO in writing, and the notice must include particulars of the other party to the agreement under paragraph (1) and details of the extent, nature and scope of the functions transferred or otherwise dealt with which relate to the deemed marine licence granted under article 62.

(9) In this article-

(a)"compulsory acquisition or temporary possession function" means any function of TfL under articles 19, 22, 23, 27, 28, 29 and 30;

(b)"functions" means statutory and other powers, duties, rights, interests and obligations;

(c)references to the authorised development include references to any land held in connection with the authorised development; and

(d)references to the authorised development include references to the provisions of this Order relating to the use and operation of the Blackwall Tunnel.

Application of landlord and tenant law

60.-(1) This article applies to any agreement entered into by TfL under article 59 (transfer of benefit of Order, etc.) so far as it relates to the terms on which any land is subject to a lease granted by or under that agreement.

(2) No enactment or rule of law regulating the rights and obligations of landlords and tenants prejudices the operation of any agreement to which this article applies.

(3) No enactment or rule of law to which paragraph (2) applies is to apply in relation to the rights and obligations of the parties to any lease granted by or under any such agreement so as to-

(a)exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter;

(b)confer or impose on any such party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease; or

(c)restrict the enforcement (whether by action for damages or otherwise) by any party to the lease of any obligation of any other party under the lease.

Traffic regulation measures

61.-(1) Subject to the provisions of this article, TfL may, for the purposes of the authorised development-

(a)make provision, in respect of those roads specified in column (2) of Part 1 of Schedule 11 (traffic regulation measures, etc.), as to the speed limit and restricted road status of those roads as specified in column (3) of that Part of that Schedule;

(b)make provision, in respect of those roads specified in column (2) of Part 2 of Schedule 11, as to the clearway status of, and the application of other prohibitions to, those roads as specified in column (3) of that Part of that Schedule;

(c)make provision, in respect of those roads specified in column (2) of Part 3 of Schedule 11, as to prescribed routes to apply to those roads as specified in column (3) of that Part of that Schedule;

(d)in respect of those roads specified in column (2) of Part 4 of Schedule 11, revoke or vary the orders specified in column (3) of that Part of that Schedule in the manner specified in column (4) of that Part of that Schedule;

(e)vary the orders specified in column (2) of Part 5 of Schedule 11 in the manner specified in column (3) of that Part of that Schedule; and

(f)revoke, amend or suspend in whole or in part any order made, or having effect as if made, under the 1984 Act in so far as it is inconsistent with any prohibition, restriction or other provision made by TfL under this paragraph.

(2) No speed limit imposed by or under this Order applies to vehicles falling within regulation 3(4) (regulations in relation to orders and notices under the 1984 Act) of the Road Traffic Exemptions (Special Forces) (Variation and Amendment) Regulations 2011(86) when used in accordance with regulation 3(5) of those regulations.

(3) Without limiting the scope of the specific powers conferred by paragraph (1) but subject to the provisions of this article and the consent of the traffic authority in whose area the road concerned is situated, TfL may, in so far as necessary or expedient for the purposes of, in connection with, or in consequence of the construction, maintenance and operation of the authorised development-

(a)revoke, amend or suspend in whole or in part any order made, or having effect as if made, under the 1984 Act;

(b)permit, prohibit or restrict the stopping, waiting, loading or unloading of vehicles on any road;

(c)authorise the use as a parking place of any road;

(d)make provision as to the direction or priority of vehicular traffic on any road; and

(e)permit or prohibit vehicular access to any road,

either at all times or at times, on days or during such periods as may be specified by TfL.

(4) The power conferred by paragraph (3) may be exercised at any time prior to the expiry of 24 months from the opening of the Silvertown Tunnel for public use but subject to paragraph (7) any prohibition, restriction or other provision made under paragraph (3) may have effect both before and after the expiry of that period.

(5) TfL must not exercise the powers conferred by paragraph (1) or (3) unless TfL has-

(a)given not less than-

(i)12 weeks' notice in writing of TfL's intention so to do in the case of a prohibition, restriction or other provision intended to have effect permanently; or

(ii)4 weeks' notice in writing of TfL's intention so to do in the case of a prohibition, restriction or other provision intended to have effect temporarily,

to the chief officer of police and to the traffic authority in whose area the road is situated and that notice must include the time periods within which the traffic authority may specify the manner in which, under sub-paragraph (b), TfL must advertise its intention to exercise the powers conferred by paragraph (1) or (3); and

(b)advertised TfL's intention in such manner as the traffic authority may specify in writing within 28 days of its receipt of notice of TfL's intention in the case of sub-paragraph (a)(i), or within 7 days of its receipt of notice of TfL's intention in the case of sub-paragraph (a)(ii).

(6) Any prohibition, restriction or other provision made by TfL under paragraph (1) or (3)-

(a)has effect as if duly made by, as the case may be-

(i)the traffic authority in whose area the road is situated, as a traffic regulation order under the 1984 Act; or

(ii)the local authority in whose area the road is situated, as an order under section 32 (power of local authorities to provide parking spaces) of the 1984 Act,

and the instrument by which it is effected may specify savings and exemptions to which the prohibition, restriction or other provision is subject;

(b)is deemed to be a traffic order for the purposes of, as the case may be-

(i)Schedule 7 (road traffic contraventions subject to civil enforcement) to the 2004 Act; or

(ii)Part 2 (bus lanes) to the London Local Authorities Act 1996(87); and

(c)must be advertised in the same manner as TfL's intention to make the prohibition, restriction or other provision was under paragraph (5)(b).

(7) Any prohibition, restriction or other provision made under this article may be suspended, varied or revoked by TfL from time to time by subsequent exercise of the powers conferred by paragraph (1) or (3) within a period of 24 months from the opening of the Silvertown Tunnel for public use.

(8) Before exercising the powers conferred by paragraphs (1) or (3) TfL must consult such persons as TfL considers necessary and appropriate and have regard to the representations made to TfL by any such person.

(9) In the case of Saffron Avenue as identified in Part 2 of Schedule 11 (traffic regulation measures, etc.) (and shown on sheet 4 of the traffic regulation measures (clearways and prohibitions) plans), the powers conferred by this article cannot be exercised by TfL without the consent of the owner of that road.

(10) Expressions used in this article and in the 1984 Act have the same meaning in this article as in that Act.

Deemed marine licence

62.  The marine licence set out in Schedule 12 (deemed marine licence) is deemed to have been issued under Part 4 of the 2009 Act for the licensed activities set out in Part 1, and subject to the licence conditions set out in Part 2, of that licence.

Defence to proceedings in respect of statutory nuisance

63.-(1) Where proceedings are brought under section 82(1) (summary proceedings by person aggrieved by statutory nuisance) of the Environmental Protection Act 1990(88) in relation to a nuisance falling within paragraph (g) of section 79(1) (noise emitted from premises so as to be prejudicial to health or a nuisance) of that Act no order is to be made, and no fine may be imposed, under section 82(2) of that Act if-

(a)the defendant shows that the nuisance-

(i)relates to premises used by TfL for the purposes of or in connection with the construction or maintenance of the authorised development and that the nuisance is attributable to the carrying out of the authorised development in accordance with a notice served under section 60 (control of noise on construction site), or a consent given under section 61 (prior consent for work on construction site) of the Control of Pollution Act 1974(89);

(ii)is a consequence of the construction or maintenance of the authorised development and that it cannot reasonably be avoided; or

(b)the defendant shows that the nuisance is a consequence of the use of the authorised development and that it cannot reasonably be avoided.

(2) Section 61(9) of the Control of Pollution Act 1974 does not apply where the consent relates to the use of premises by TfL for the purposes of or in connection with the construction or maintenance of the authorised development.

Protective provisions

64.  Schedule 13 (protective provisions) has effect.

Certification of documents

65.-(1) As soon as practicable after the making of this Order, TfL must submit copies of each of the plans and documents set out in Schedule 14 (documents to be certified) to the Secretary of State for certification as true copies of those plans and documents.

(2) Where any plan or document set out in Schedule 14 requires to be amended to reflect the terms of the Secretary of State's decision to make this Order, that plan or document in the form amended to the Secretary of State's satisfaction is the version of the document required to be submitted for certification under paragraph (1).

(3) A plan or document so certified is admissible in any proceedings as evidence of the contents of the document of which it is a copy.

(4) TfL must, following certification of the plans and documents in accordance with paragraph (1), make those plans and documents available in electronic form for inspection by members of the public.

Silvertown Tunnel Implementation Group

66.-(1) TfL must establish and fund the reasonable secretarial and administrative costs of a consultative body to be known as the Silvertown Tunnel Implementation Group (in this Order referred to as "STIG").

(2) STIG will comprise one representative of each of the following bodies-

(a)TfL;

(b)the GLA;

(c)the Council of the London Borough of Barking and Dagenham;

(d)the Council of the London Borough of Bexley;

(e)the Council of the London Borough of Bromley;

(f)the City of London Corporation;

(g)the Council of the Royal Borough of Greenwich;

(h)the Council of the London Borough of Hackney;

(i)the Council of the London Borough of Lewisham;

(j)the Council of the London Borough of Newham;

(k)the Council of the London Borough of Redbridge;

(l)the Council of the London Borough of Southwark;

(m)the Council of the London Borough of Tower Hamlets;

(n)the Council of the London Borough of Waltham Forest; and

(o)Highways England, or any other person which in place of Highways England-

(i)is for the time being the traffic authority for the Dartford river crossings between Dartford, Kent and Thurrock, Essex; or

(ii)is for the time being the traffic authority for the proposed new river crossing known as the Lower Thames Crossing east of Gravesend, Kent and Tilbury, Essex, if the crossing is granted development consent under the 2008 Act.

(3) Each body mentioned in paragraph (2)(b) to (2)(o) above must notify TfL of the identity of its nominated representative.

(4) If any person nominated under paragraph (3) cannot attend a STIG meeting, the nominating body may nominate a person (on an occasional or standing basis, as it determines) to act as the nominating body's substitute representative at the meeting.

(5) TfL must consult the other members of STIG on the following matters relating to implementation of the authorised development-

(a)the extent, nature and duration of monitoring to be implemented in accordance with the monitoring and mitigation strategy;

(b)the proposals for the initial bus services that will operate through the tunnels when the Silvertown Tunnel opens for public use;

(c)the monitoring reports produced in accordance with the monitoring and mitigation strategy;

(d)any proposed revisions to the charging policy under article 53 (the charging policy); and

(e)the level of charges required to be paid for use of the tunnels under article 54 (power to charge for use of the tunnels) and any exemptions and discounts.

(6) In taking any decision in respect of any of the matters set out in paragraph (5), TfL must have regard to any recommendations or representations made by a member of STIG in response to the consultation carried out under that paragraph.

(7) Unless otherwise agreed by STIG, TfL must convene a meeting of STIG, chaired by a representative elected by the members of STIG, at least twice a year on a date to be determined by TfL, including on each occasion that TfL publishes a monitoring report in accordance with the monitoring and mitigation strategy.

(8) The first meeting of STIG must be held not less than three years before the date on which the Silvertown Tunnel is expected to open for public use.

(9) Part VA (access to meetings and documents of certain authorities, committees and sub-committees) of the Local Government Act 1972(90) and the Public Bodies (Admission to Meetings) Act 1960(91) do not apply to STIG or to its meetings or proceedings.

(10) TfL must publish on its website agendas, reports, minutes and other relevant documents relating to the operation of STIG as soon as reasonably practicable after they become available.

Service of notices

67.-(1) A notice or other document required or authorised to be served for the purposes of this Order may be served-

(a)by post;

(b)by delivering it to the person on whom it is to be served or to whom it is to be given or supplied; or

(c)with the consent of the recipient and subject to paragraphs (5) to (8) by electronic transmission.

(2) Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.

(3) For the purposes of section 7 (references to service by post) of the Interpretation Act 1978(92) as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address, and otherwise-

(a)in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and

(b)in any other case, the last known address of that person at the time of service.

(4) Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and the name or address of that person cannot be ascertained after reasonable enquiry, the notice may be served by-

(a)addressing it to that person by name or by the description of "owner", or as the case may be "occupier", of the land (describing it); and

(b)either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.

(5) Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission the requirement is taken to be fulfilled only where-

(a)the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission in writing or by electronic transmission;

(b)the notice or document is capable of being accessed by the recipient;

(c)the notice or document is legible in all material respects; and

(d)the notice or document is in a form sufficiently permanent to be used for subsequent reference.

(6) Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within 7 days of receipt that the recipient requires a paper copy of all or part of that notice or other document the sender must provide such a copy as soon as reasonably practicable.

(7) Any consent to the use of electronic communication given by a person may be revoked by that person in accordance with paragraph (8).

(8) Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this Order-

(a)that person must give notice in writing or by electronic transmission revoking any consent given by that person for that purpose; and

(b)such revocation is final and takes effect on a date specified by the person in the notice but that date must not be less than 7 days after the date on which the notice is given.

(9) This article must not be taken to exclude the employment of any method of service not expressly provided for by it.

(10) In this article "legible in all material respects" means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served, given or supplied by means of a notice or document in printed form.

Arbitration

68.  Except where otherwise expressly provided for in this Order and unless otherwise agreed in writing between the parties, any difference under any provision of this Order (other than a difference which falls to be determined by the tribunal) must be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) by the President of the Institution of Civil Engineers.

Consents, agreements and approvals

69.-(1) Where any application is made to a relevant authority, the consent, agreement or approval concerned must, if given, be given in writing and is not to be unreasonably withheld or delayed.

(2) If a relevant authority which has received an application fails to notify TfL of its decision before the end of the period of 28 days beginning with the date on which the application was received, the relevant authority is deemed to have given its consent, agreement or approval, as the case may be.

(3) Any application to which this article applies must include a written statement that the provisions of paragraph (2) apply to that application.

(4) In this article-

"application" means an application or request for any consent, agreement or approval required or contemplated by articles 6 (street works), 8 (construction and maintenance of new, altered or diverted streets), 10 (temporary stopping up and restriction of use of streets), 11 (access to works), 16 (authority to survey and investigate land) and 61 (traffic regulation measures); and

"relevant authority" means a planning authority, a traffic authority, a highway authority or a street authority.

SCHEDULES

Articles 2, 4 and 29

SCHEDULE 1AUTHORISED DEVELOPMENT

In-

• the Royal Borough of Greenwich in respect of part of Work No. 1 and the whole of Work Nos. 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14; and

• in the London Borough of Newham in respect of part of Work No. 1 and the whole of Work Nos. 15, 16, 17, 18, 19, 20A and 20B,

a development which, in accordance with a direction made by the Secretary of State for Transport on 25 June 2012 under section 35(93) (directions in relation to projects of national significance) of the 2008 Act, is development for which development consent is required, and associated development within the meaning of section 115(2)(94) (development for which development consent may be granted) of the 2008 Act, comprising-

Work No. 1 – shown on sheets 1, 2 and 3 of the works plans and being the construction of a twin bore highway tunnel for a length of 1,440 metres from a portal on the Greenwich peninsula in the Royal Borough of Greenwich, and passing beneath the river Thames, to a portal in Silvertown in the London Borough of Newham, to include-

(a)the construction of a section of cut and cover tunnel, between its portal on the Greenwich peninsula (the South Portal) and the tunnel-boring machine launch chamber located on the Greenwich peninsula, and comprising either a cellular tunnel or two tunnels, one for northbound traffic and one for southbound traffic with two-lane carriageways in each direction, and including the south portal and cross-passages connecting the two tunnels;

(b)the construction of a section of bored tunnel, comprising two tunnels, one for northbound traffic and one for southbound traffic, with two-lane carriageways in each direction, between the tunnel-boring machine launch chamber located in Silvertown and the tunnel-boring machine launch chamber located on the Greenwich peninsula, including cross-passages connecting the two tunnels;

(c)the construction of a section of cut and cover tunnel between its portal in Silvertown (the North Portal) and the tunnel-boring machine launch chamber located in Silvertown, and comprising either a single cellular tunnel or two tunnels, one for northbound traffic and one for southbound traffic with two-lane carriageways in each direction, and including the north portal and cross-passages connecting the two tunnels;

(d)the construction of an anti-recirculation wall at the South Portal;

(e)the construction of two tunnel-boring machine launch chambers, one in the London Borough of Newham (Silvertown) and one in the Royal Borough of Greenwich (Greenwich peninsula); and

(f)the construction (and subsequent removal on completion of construction of the authorised development) of a temporary decked car park situated on land lying between West Parkside and Millennium Way, and being required in consequence of the construction of Work Nos. 1 (a) and (d) (Greenwich peninsula) to provide replacement car parking facilities for the O2 Arena during construction of the authorised development.

Work No. 2 – shown on sheet 1 of the works plans and being the improvement of the existing two-lane A102 Blackwall Tunnel southern approach southbound carriageway over a length of 595 metres from a point 260 metres south of the existing Blackwall Tunnel Southbound South Portal to a point 20 metres south of the existing gantry on the existing slip road leading to Millennium Way, to include-

(a)the improvement of the existing A102 Blackwall Tunnel southern approach southbound two-lane carriageway;

(b)the construction of retaining walls of varying heights in highway verges to retain the A102 Blackwall Tunnel southern approach southbound carriageway;

(c)the construction of a new overbridge to carry the realigned A102 Blackwall Tunnel southern approach southbound two-lane carriageway over the proposed Silvertown Tunnel southern approach northbound carriageway (Work No. 5);

(d)the widening of the existing A102 Blackwall Tunnel southern approach southbound carriageway to create new two lanes and a weaving section between the Silvertown Tunnel southern approach southbound carriageway (Work No. 6) and the existing diverge slip road leading to Millennium Way (Work No. 7);

(e)the improvement of the central reservation between the improved A102 Blackwall Tunnel southern approach northbound and southbound carriageways;

(f)the construction of new cross-over facilities in the central reservation;

(g)the construction of new overhead signage and traffic management equipment gantries;

(h)the construction of new access and egress for premises known as Studio 338, as shown on sheet 1 of the rights of way and access plans;

(i)the provision of an improved non-motorised user route alongside the improved A102 Blackwall Tunnel southern approach southbound carriageway;

(j)the provision of planting and landscaping;

(k)the removal of an existing gas pressure reduction station; and

(l)the removal of redundant existing gantries.

Work No. 3 – shown on sheet 1 of the works plans and being the improvement of the existing two-lane A102 Blackwall Tunnel southern approach northbound carriageway over a length of 500 metres from a point level with the existing gantry on the existing southbound diverge slip road leading to Millennium Way to its tie-in with the existing carriageway at a point 65 metres north of the existing Blackwall Tunnel Gatehouse, to include-

(a)the improvement of the existing two-lane A102 Blackwall Tunnel southern approach northbound carriageway;

(b)the widening of the existing A102 Blackwall Tunnel southern approach northbound carriageway to accommodate a new two-lane diverge slip road to the northbound carriageway of the proposed Silvertown Tunnel southern approach northbound (Work No. 5);

(c)works associated with the improvement of the central reservation between the improved A102 Blackwall Tunnel southern approach northbound and southbound carriageways (Work No. 2(e));

(d)works associated with the construction of new cross-over facilities in the central reservation (Work No. 2(f));

(e)works associated with the construction of new overhead signage and traffic management equipment gantries (Work No. 2(g));

(f)the provision of planting and landscaping; and

(g)the removal of redundant existing gantries.

Work No. 4 – shown on sheet 1 of the works plans and being the works required for the improvement of the existing Tunnel Avenue from a point 65 metres south of a point level with the junction of the existing Tunnel Avenue with Morden Wharf Road, to a point adjacent to the location of the existing Blackwall Tunnel Gatehouse, to include-

(a)works to improve the alignment of the existing Tunnel Avenue to provide a segregated and independent local two-way carriageway over a length of 485 metres;

(b)the construction of new (replacement) private means of access to local business premises as shown on sheet 1 of the rights of way and access plans, and replacement car parking;

(c)the construction of an improved bus-only access to, and operational egress from, the A102 Blackwall Tunnel southern approach northbound carriageway (Work No. 3);

(d)the construction of a new hardened verge between the improved Tunnel Avenue and the A102 Blackwall Tunnel southern approach northbound carriageway (Work No. 3);

(e)the construction of new overhead signage and traffic management equipment gantries;

(f)the removal of redundant existing gantries; and

(g)the provision of improved non-motorised user route alongside the improved Tunnel Avenue.

Work No. 5 – shown on sheet 1 of the works plans and being the construction of a new two-lane carriageway over a length of 150 metres, forming the proposed Silvertown Tunnel southern approach northbound carriageway from the proposed diverge nosing (from Work No. 3) to the proposed South Portal of the Silvertown Tunnel (Greenwich), to include-

(a)the construction of a two-lane open-cut carriageway, with a retaining wall of varied height in the western verge, passing under the new overbridge carrying the improved A102 Blackwall Tunnel southern approach southbound carriageway (Work No. 2);

(b)the construction of a ground slab beneath the carriageway; and

(c)the construction of a new cross-over facility in the central reservation.

Work No. 6 – shown on sheet 1 of the works plans and being the construction of a new two-lane carriageway over a length of 160 metres, forming the proposed Silvertown Tunnel southern approach southbound carriageway from the proposed South Portal of the Silvertown Tunnel (Greenwich) to the proposed merge nosing with the improved A102 Blackwall Tunnel southern approach southbound carriageway (Work No. 2), to include-

(a)the construction of a two-lane open-cut carriageway with a retaining wall of varied height in the eastern verge and maintenance access;

(b)the construction of a ground slab beneath the carriageway; and

(c)the construction of a new cross-over facility in the central reservation.

Work No. 7 – shown on sheet 1 of the works plans and being the improvement of 45 metres of the A102 Blackwall Tunnel southern approach southbound carriageway two-lane diverge slip road leading to the existing Millennium Way, to include works to tie in the improved highway with the existing highway.

Work No. 8 – shown on sheet 1 of the works plans and being the construction of a new cross-over between the northbound and southbound carriageways of the improved A102 Blackwall Tunnel southern approach (Work Nos. 2 and 3).

Work No. 9 – shown on sheet 1 of the works plans and being the construction of a new bus-only carriageway, with a combined length of 185 metres, linking the existing A102 Blackwall Tunnel southern approach southbound carriageway with the existing northbound carriageway of Millennium Way and linking to the new bus-only carriageway (Work No. 10), including-

(a)the construction of diverge bus-only access carriageway from the existing A102 Blackwall Tunnel southern approach southbound carriageway (to the north of Work No. 2);

(b)the construction of a new bus-only carriageway with a length of 35 metres providing a direct link between the new bus-only diverge from the southbound A102 Blackwall Tunnel southern approach carriageway (Work No. 9(a)) and the new bus-only merge to the northbound Silvertown Tunnel southern approach (Work No. 10); and

(c)the construction of a new junction for a bus-only egress onto the existing northbound carriageway of Millennium Way.

Work No. 10 – shown on sheet 1 of the works plans and being the improvement of the existing Pavilion Lane to provide a new bus-only carriageway, over a length of 215 metres linking the existing northbound carriageway of Millennium Way with the northbound carriageway of the proposed Silvertown Tunnel southern approach (Work No. 5), to include-

(a)the construction of a new bus-only junction to provide access from the existing northbound carriageway of Millennium Way;

(b)the construction of a new carriageway and a retaining wall of varied height in the eastern verge with maintenance access;

(c)the construction of a new bus-only junction to provide access to the proposed Silvertown Tunnel southern approach northbound carriageway (Work No. 5);

(d)the construction of a ground slab beneath the carriageway;

(e)the construction of a drainage attenuation tank and associated infrastructure; and

(f)the construction of a replacement private means of access to an existing electricity substation, from the northbound carriageway of the existing Millennium Way, as shown on sheet 1 of the rights of way and access plans.

Work No. 11 – shown on sheet 1 of the works plans and being the construction of a new Boord Street foot and cycle bridge to provide access for non-motorised users across the A102 Blackwall Tunnel southern approach and Tunnel Avenue in the vicinity of the western end of Boord Street, to include-

(a)works to remove the existing Boord Street footbridge;

(b)the construction of a new bridge deck and parapets spanning over the improved A102 Blackwall Tunnel southern approach southbound and northbound carriageways (Work Nos. 2 and 3) and Tunnel Avenue (Work No. 4);

(c)the construction of ramps and staircases to serve the new foot and cycle bridge; and

(d)the construction of a non-motorised user route across the proposed new Boord Street foot and cycle bridge as shown on sheet 1 of the rights of way and access plans.

Work No. 12 – shown on sheet 1 of the works plans and being the works associated with the construction of a Silvertown Tunnel services compound in the vicinity of the South Portal (Greenwich), to include-

(a)the construction of tunnel services buildings;

(b)the construction of a new private means of access to the tunnel services compound from the existing northbound carriageway of Millennium Way, as shown on sheet 1 of the rights of way and access plans;

(c)the construction of internal access roads and operational parking facilities;

(d)the construction of replacement private means of access to land surrounding the existing gasholder, from the existing northbound carriageway of Millennium Way, as shown on sheet 1 of the rights of way and access plans;

(e)the provision of security fencing and bollards; and

(f)the provision of landscaping.

Work No. 13 – shown on sheet 1 of the works plans and being the construction of a replacement gas pressure reduction station (PRS) (removed under Work No. 2) at a location to the west of the existing northbound carriageway of Millennium Way, including a new private means of access as shown on sheet 1 of the rights of way and access plans.

Work No. 14 – shown on sheet 1 of the works plans and being the permanent diversion of statutory undertakers' apparatus and works associated with such diversions, located in Boord Street and Millennium Way.

Work No. 15 – shown on sheet 3 of the works plans and being the construction of the new Silvertown Tunnel northern approach, to include-

(a)the improvement of a length of 140 metres of the existing northbound and southbound two-lane standard carriageways of the A1020 Lower Lea Crossing from the point at which it crosses the DLR to its junction with the improved Tidal Basin Roundabout (Work No. 16);

(b)the construction of a two-lane carriageway over a length of 70 metres forming the new southbound carriageway of the Silvertown Tunnel northern approach, crossing through the improved Tidal Basin Roundabout (Work No. 16);

(c)the construction of a new open-cut highway over a length of 220 metres with two-lane carriageways in each direction from the junction with the improved Tidal Basin Roundabout (Work No. 16) to the proposed North Portal of the Silvertown Tunnel (Silvertown) (Work No. 1) and with retaining walls of varied height in both verges;

(d)the construction of an anti-recirculation wall at the North portal;

(e)the construction of a ground slab beneath the carriageway;

(f)the construction of a new central reservation between the northbound and southbound carriageways of the new Silvertown Tunnel northern approach, including a new cross-over facility;

(g)the construction of a new overhead signage and traffic management equipment gantry;

(h)the construction of an improved non-motorised user route along the improved A1020 Lower Lea Crossing with crossing points;

(i)the construction of a new slip road from the southbound carriageway of the improved A1020 Lower Lea Crossing linking to the improved Tidal Basin Roundabout (Work No. 16);

(j)the construction of a new slip road between the existing A1020 Silvertown Way northbound off-slip and the new Silvertown Tunnel northern approach southbound carriageway; and

(k)the construction of drainage attenuation tanks and associated infrastructure behind the retaining walls of the open cut section of the new Silvertown Tunnel northern approach.

Work No. 16 – shown on sheet 3 of the works plans and being the improvement of the existing Tidal Basin Roundabout for a length of 415 metres, to include-

(a)the construction of an improved, signalised three-lane roundabout gyratory section;

(b)the construction of an improved private means of access to the DLR assets, as shown on sheet 3 of the rights of way and access plans;

(c)the construction of an improved private means of access to existing statutory undertakers' apparatus, as shown on sheet 3 of the rights of way and access plans;

(d)the construction of an improved and signal-controlled non-motorised user route around and across the improved Tidal Basin Roundabout; and

(e)the construction of a drainage attenuation tank and associated infrastructure within the improved Tidal Basin Roundabout.

Work No. 17 – shown on sheet 3 of the works plans and being the works associated with the construction of a Silvertown tunnel services compound in the vicinity of the North Portal (Silvertown), to include-

(a)the construction of tunnel services buildings;

(b)the construction of a new private means of access to the tunnel services compound from the realigned Dock Road (Work No. 18) as shown on sheet 3 of the rights of way and access plans;

(c)the construction of internal access roads and operational parking facilities;

(d)the construction of a drainage attenuation tank and associated infrastructure to the west of the proposed Silvertown Tunnel northern approach (Work No, 15);

(e)the provision of security fencing and bollards; and

(f)the provision of landscaping.

Work No. 18 – shown on sheet 3 of the works plans and being the construction of Dock Road on a new alignment, for a length of 430 metres, to include-

(a)the construction of a new two-lane highway with a single carriageway in each direction, from a point adjacent to the existing stairs from Dock Road to Silvertown Way, to a junction with the improved Tidal Basin Roundabout (Work No. 16), and including a length of new highway leading to the new private means of access to the tunnel services compound (Work No. 17(b));

(b)the construction of new non-motorised user routes including pedestrian and cyclist crossings;

(c)the construction of replacement private means of accesses to local business premises, as shown on sheet 3 of the rights of way and access plans;

(d)the construction of a new junction with Scarab Close as shown on sheet 3 of the rights of way and access plans including a new retaining wall of varying height to support the existing DLR embankment; and

(e)the construction of a drainage attenuation tank and associated infrastructure to the west of the proposed Silvertown Tunnel northern approach (Work No. 15) including a new drainage outfall connecting to the existing drainage culvert passing beneath the existing DLR embankment.

Work No. 19 – shown on sheet 3 of the works plans and being the improvement to the existing Tidal Basin Road for a length of 280 metres, to include resurfacing works to the existing Tidal Basin Road from the junction with the improved Tidal Basin Roundabout (Work No. 16) to the existing junction with the A1011/A1020 Silvertown Way southbound carriageway.

Work No. 20A – shown on sheet 3 of the works plans and being the construction (and subsequent removal on completion of construction of the authorised development) of a temporary jetty for the transportation of materials associated with the construction of the authorised development, adjacent to the existing Royal Victoria Dock outfall on the north bank of the river Thames in the area known as Thames Wharf, comprising-

(a)the jetty; and

(b)related dredging works and construction operations (including piling and scour preventative and remedial works) within the river Thames,

and associated works required for strengthening of the existing river wall; all such works and operations to be within the area delineated in relation to Work No. 20A and shown on sheet 3 of the works plans.

Works No. 20B – shown on sheet 3 of the works plans and comprising-

(a)dredging works and construction operations (including piling and scour preventative and remedial works) within the river Thames;

(b)the placing of any mooring buoy, or any buoy for navigation or other purposes;

(c)associated works required for strengthening of the existing river wall related to Work No. 20B; and

(d)the alteration, cleaning, modification and refurbishment of the existing NAABSA (Not Always Afloat But Safely Aground) berth to enable it to be used in connection with the construction of the authorised development,

all such works and operations to be within the area delineated in relation to Work No. 20B and shown on sheet 3 of the works plans.

And for the purposes of or in connection with the construction of any of the works and other development mentioned above, ancillary or related development consisting of-

(a)works within highways, including-

(i)alteration of the layout of any street permanently or temporarily, including increasing the width of the carriageway of any street by reducing the width of any kerb, footway, cycleway, or verge within the street; and altering the level or increasing the width of any such kerb, footway, cycleway or verge within the street, works for the strengthening, improvement, repair, maintenance or reconstruction of any street;

(ii)street works, including breaking up or opening a street, or any sewer, drain or tunnel under it, and tunnelling or boring under a street;

(iii)relocation or provision of new road traffic signs, signals, street lighting and carriageway lane markings; and

(iv)works to place, alter, remove or maintain street furniture or apparatus (including statutory undertakers' apparatus) in, under or above a street, including mains, sewers, drains, pipes, cables, cofferdams, lights, fencing and other boundary treatments;

(b)works within the river Thames (to the extent that they are situated within the Order limits) to-

(i)alter, clean, modify, dismantle, refurbish, reconstruct, remove, relocate or replace any work or structure (including river walls);

(ii)carry out excavations and clearance, deepening, scouring, cleansing, dumping and pumping operations;

(iii)carry out dredging, which may include such dredging works as may be required to provide side slopes or otherwise secure the dredged area against situation, scouring or collapse;

(iv)use, appropriate, sell, deposit or otherwise dispose of any materials (including liquids but excluding any wreck within the meaning of the Merchant Shipping Act 1995(95)) obtained in carrying out any such operations;

(v)remove or relocate any mooring (including NAABSAs (Not Always Afloat But Safely Aground) being berths in tidal waters, which are exposed at low water);

(vi)remove and relocate any vessel or structure sunk, stranded, abandoned, moored or left (whether lawfully or not);

(vii)temporarily remove, alter, strengthen, interfere with, occupy and use the banks, bed, foreshore, waters and walls of the river, and in the event that the level of any part of the bed of the river is of a depth exceeding 5.80 metres below chart datum, re-establish the affected part of the bed of the river to that level in accordance with approval given by the PLA under paragraph 34 of Schedule 13 (protective provisions); and

(viii)construct, place and maintain works and structures including piled fenders, protection piles and cofferdams; and

(c)other works and development-

(i)for the strengthening, alteration or demolition of any building;

(ii)to place, alter, divert, relocate, protect, remove or maintain services, plant and other apparatus and equipment belonging to statutory undertakers, utility companies and others in, under or above land, including mains, sewers, drains, pipes, cables, lights, cofferdams, fencing and other boundary treatments including bollards;

(iii)ramps, steps, footpaths, footways, cycle tracks, cycleways, bridleways, equestrian tracks, non-motorised user routes or links, byways open to all traffic and crossing facilities;

(iv)embankments, viaducts, bridges, aprons, abutments, shafts, foundations, retaining walls, drainage works, outfalls, pollution control devices, pumping stations, culverts, wing walls, fire suppression system water tanks and associated plant and equipment, highway lighting and fencing;

(v)settlement mitigation measures for the benefit or protection of, or in relation to, any land, building or structure, including monitoring and safeguarding of existing infrastructure, utilities and services affected by the authorised development;

(vi)to alter the course of, or otherwise interfere with, navigable or non-navigable watercourses;

(vii)landscaping, noise barriers, works associated with the provision of ecological mitigation, and other works to mitigate any adverse effects of the construction, operation or maintenance of the authorised development;

(viii)areas of hard or soft landscaping works, or public realm, at various locations adjacent to the proposed highway and associated works;

(ix)site preparation works, site clearance (including fencing and other boundary treatments, vegetation removal, works of demolition, including demolition of existing structures, and the creation of alternative highways or footpaths) and earthworks (including soil stripping and storage and site levelling);

(x)construction compounds and working sites, temporary structures, storage areas (including storage of spoil and other materials), temporary vehicle parking, construction fencing, perimeter enclosure, security fencing, construction-related buildings, temporary worker accommodation facilities, welfare facilities, office facilities, other ancillary accommodation, construction lighting, haulage roads and other buildings, machinery, apparatus, works and conveniences;

(xi)service compounds, plant and equipment rooms, offices, staff mess rooms, welfare facilities, and other ancillary and administrative accommodation;

(xii)for the benefit or protection of the authorised development; and

(xiii)of whatever nature, as may be necessary or expedient for the purposes of, or for purposes associated with or ancillary to, the construction, operation or maintenance of the authorised development which do not give rise to any materially new or materially different environmental effects to those assessed in the environmental statement.

Article 4

SCHEDULE 2REQUIREMENTS

PART 1REQUIREMENTS

Interpretation

1.  In this Part of this Schedule-

"the biodiversity action plan and mitigation strategy" means the biodiversity action plan and mitigation strategy contained in appendix 9.H of the environmental statement;

"the bus strategy" means the document of that description set out in Schedule 14 (documents to be certified) certified by the Secretary of State as the bus strategy for the purposes of this Order;

"the code of construction practice" means the document of that description set out in Schedule 14 certified by the Secretary of State as the code of construction practice for the purposes of this Order and which sets a framework to control impacts arising from construction of the authorised development;

"the design principles" means the document of that description set out in Schedule 14 certified by the Secretary of State as the design principles for the purposes of this Order and which set out the principles for the detailed design of the authorised development;

"the flood risk assessment" means the revised flood risk assessment contained in substituted appendix 16.A of the environmental statement;

"the landscaping plan" means the plan of that description set out in Schedule 14 certified by the Secretary of State as the landscaping plan for the purposes of this Order and which set out the proposed landscaping to be implemented as part of the authorised development;

"the Silvertown Tunnel Design Review Panel" means the panel set up and administered by Urban Design London to provide design assurance throughout the detailed design process for the authorised development, whose terms of reference are attached to the design principles; and

"the Silvertown Tunnel Stakeholder Design Consultation Group" means the group set up and administered by TfL to provide stakeholders with an opportunity to comment on the external appearance of the above ground elements of the authorised development throughout the detailed design process for the authorised development, whose terms of reference are attached to the design principles.

Time limit for commencement of the authorised development

2.  The authorised development must commence within 5 years of the date on which this Order comes into force.

Design principles and design review panel

3.-(1) The authorised development must be designed and implemented-

(a)in accordance with the design principles; and

(b)in general accordance with the general arrangement plans.

(2) TfL must consult with-

(a)the Silvertown Tunnel Design Review Panel; and

(b)the Silvertown Tunnel Stakeholder Design Consultation Group,

during the detailed design of the authorised development and in the manner provided for by the design principles and have regard to the responses received.

Detailed design of above ground buildings and structures

4.-(1) Construction of each part of the authorised development specified in column (1) of the table below must not commence until the details of the elements specified in relation to that part in column (2) of that table have been submitted to and approved in writing by the relevant planning authority.

(2) The authorised development must be carried out in accordance with details approved by the relevant planning authority under sub-paragraph (1).

Code of construction practice and related plans and strategies

5.-(1) The authorised development must be carried out in accordance with the code of construction practice.

(2) No part of the authorised development may be commenced until the following plans and strategies, required by the code of construction practice, have been prepared for that part of the authorised development-

(a)Construction Site River Strategy: to be prepared in consultation with the relevant planning authority and the PLA;

(b)Emergency Plan: to be prepared in consultation with the local emergency services and the relevant planning authority;

(c)Fire Plan: to be prepared in consultation with the London Fire and Emergency Planning Authority;

(d)Lighting Management Plan: to be prepared in consultation with the relevant planning authority, the PLA and the Environment Agency; and

(e)Site Waste Management Plan: to be prepared in consultation with the relevant planning authority and the Environment Agency.

(3) No part of the authorised development may be commenced until the following plans and strategies, required by the code of construction practice, have been prepared for that part of the authorised development and approved by the relevant planning authority, the Environment Agency or the PLA (as the case may be)-

(a)Air Quality Management Plan: to be approved by the relevant planning authority including in the London Borough of Newham, such scheme of ventilation at the Hoola building as necessary to reduce the exposure of first floor residential accommodation to nitrogen oxide to acceptable levels;

(b)Archaeological Written Scheme of Investigation: to be prepared in consultation with Historic England and, in respect of any elements within the river Thames, the PLA and the MMO, and approved by the relevant planning authority;

(c)Community Engagement Plan: to be approved by the relevant planning authority;

(d)Construction Materials Management Plan incorporating commitments to river transport: to be approved by the relevant planning authority;

(e)Construction Traffic Management Plan: to be approved by the relevant planning authority, in consultation with the relevant highway authority;

(f)Ecology Management Plan: to be prepared in consultation with Natural England and approved by the relevant planning authority;

(g)Flood Warning and Evacuation Plan (which forms part of the Emergency Plan to be prepared under sub-paragraph (2)(b)): to be approved by the relevant planning authority, in consultation with the Environment Agency;

(h)Groundwater Monitoring and Verification Plan: to be approved by the Environment Agency;

(i)Noise and Vibration Management Plan: to be approved by the relevant planning authority;

(j)Passage Plan: to be approved by the PLA; and

(k)Construction Environmental Management Plan: to be approved in consultation with the relevant planning authority and the PLA

(4) The relevant highway authority for the purposes of sub-paragraph (3)(e) is each highway authority for the highways affected by the Construction Traffic Management Plan.

(5) The authorised development must be carried out in accordance with the plans and strategies prepared or approved under sub-paragraphs (2) and (3).

(6) TfL must make the plans and strategies prepared or approved under sub-paragraphs (2) and (3) available in an electronic form suitable for inspection by members of the public until the authorised development has been opened for public use.

Landscaping scheme

6.-(1) No part of the authorised development may commence until a written landscaping scheme for that part has been submitted to and approved in writing by the relevant planning authority.

(2) A landscaping scheme prepared under sub-paragraph (1) must be in accordance with the landscaping plan and include details of hard and soft landscaping works, including-

(a)location, number, species, size and planting density of any proposed planting, including habitat creation in lieu of offsite biodiversity offsetting;

(b)cultivation, importing of materials and other operations to ensure plant establishment;

(c)the location and specification of routes for non-motorised users including provision of a bus stop to serve southbound buses in the re-aligned Tunnel avenue;

(d)proposed finished ground levels;

(e)hard surfacing materials;

(f)details of existing trees to be retained, with measures for their protection during the construction period; and

(g)implementation timetables for all landscaping works.

(3) Each part of the authorised development must be carried out in accordance with the relevant landscaping schemes approved under sub-paragraph (1).

(4) All landscaping works must be carried out to a reasonable standard in accordance with the relevant recommendations of appropriate British Standards or other recognised codes of good practice.

(5) Any tree or shrub planted as part of a landscaping scheme that, within a period of 5 years after planting, is removed, dies or becomes, in the opinion of the relevant planning authority, seriously damaged or diseased, must be replaced in the first available planting season with a specimen of the same species and size as that originally planted.

Monitoring and mitigation strategy

7.-(1) The provisions of this requirement must be carried out in accordance with the monitoring and mitigation strategy and TfL must otherwise comply with the obligations set out in that document.

(2) If the statutory powers vested in TfL in relation to highways and road traffic in Greater London are not sufficient to enable TfL to implement any mitigation measure which it is obliged to implement under this requirement, TfL must either-

(a)seek to agree with the council of the relevant London borough that TfL may implement that measure on behalf of the council; or

(b)if such an agreement cannot be reached, pay to that council a sum equivalent to-

(i)the estimated cost of the council implementing that measure, which the council must use for that purpose; or

(ii)the costs reasonably incurred by the council in implementing an alternative measure in the same location which the council determines will mitigate the adverse impact attributable to the authorised development,

whichever is less.

(3) In this paragraph, "relevant air quality authority" means the council of a London Borough for an area in relation to which the expert review carried out under sub-paragraph (14) concludes that the authorised development has materially worsened air quality.

Pre-opening traffic measures

(4) Before the Silvertown Tunnel opens for public use TfL must carry out an updated assessment of the likely impacts of the authorised development on the performance of the highway network and must consult the members of STIG on a proposed scheme of mitigation which identifies-

(a)the locations on the highway network where the assessment demonstrates there is likely to be a material worsening of traffic conditions as a result of the operation of the authorised development;

(b)the measures which TfL proposes to mitigate the impacts of such a worsening of traffic conditions; and

(c)the proposed programme for implementation of those measures.

(5) TfL must have regard to any consultation responses received from STIG members and before finalising the scheme of mitigation must liaise further with the council of any London Borough on the detail of mitigation measures which it proposes to implement on roads in that Borough. TfL must then submit the scheme of mitigation to the Secretary of State for approval.

(6) The scheme of mitigation submitted to the Secretary of State for approval must include-

(a)details and locations of the proposed mitigation measures;

(b)responses to the consultation and further liaison carried out under sub-paragraphs (4) and (5);

(c)the estimated cost of implementing each measure; and

(d)the proposed programme for the implementation of those measures.

(7) The Silvertown Tunnel must not open for public use until the scheme of mitigation has been approved by the Secretary of State. If the Secretary of State proposes to approve the scheme of mitigation with material modifications, the Secretary of State must consult the members of STIG on the proposed modifications and have regard to any responses received when deciding whether to approve the scheme.

(8) TfL must implement or secure the implementation of the measures approved by the Secretary of State in accordance with the approved programme.

(9) The Secretary of State may, with the consent of the Mayor of London, delegate their functions under this paragraph to the Mayor of London.

Post-opening monitoring and mitigation

(10) For the duration of the monitoring period, TfL must-

(a)implement a monitoring programme in consultation with the members of STIG;

(b)prepare-

(i)quarterly monitoring reports for a period of one year from the Silvertown Tunnel opening for public use; and

(ii)annual monitoring reports thereafter,

derived from that monitoring, and submit them for consideration by the members of STIG;

(c)identify in consultation with the members of STIG appropriate thresholds for changes on the highway network which require TfL to investigate whether mitigation measures are necessary;

(d)develop in consultation with the relevant highway authority any measures which are necessary to mitigate adverse impacts on the highway network which are attributable to the operation of the authorised development; and

(e)implement or secure the implementation of the necessary mitigation measures.

(11) In sub-paragraph (10) "the monitoring period" means a period commencing not less than three years before the Silvertown Tunnel is expected to open for public use and continuing for not less than three years after the Silvertown Tunnel opens for public use.

Air quality monitoring and mitigation

(12) Not less than three years before the Silvertown Tunnel is expected to open for public use TfL must install Nitrogen Dioxide ("NO2") monitors at locations determined in accordance with paragraph 3.7.4 of the monitoring and mitigation strategy.

(13) The NO2 monitors must remain in place for the period specified in paragraph 3.7.5 of the monitoring and mitigation strategy.

(14) The monitoring data within each annual monitoring report referred to in sub-paragraph (10) must be reviewed as soon as reasonably practicable by a firm of independent air quality experts appointed by TfL in consultation with the members of STIG. The annual review undertaken by the firm of experts must determine in accordance with the criteria set out in the monitoring and mitigation strategy whether or not there has been a material worsening of air quality as a result of the authorised development beyond the likely impacts reported within the environmental statement at locations where there are (whether as a result of the authorised development of otherwise) exceedances of national air quality objectives.

(15) If the review demonstrates in the opinion of the appointed firm of experts that the authorised development has materially worsened air quality in the manner described in sub-paragraph (14), TfL must-

(a)within three months of the conclusion of the expert review consult any relevant air quality authority on a preliminary scheme of mitigation including a programme for its implementation; and

(b)following that consultation submit a detailed scheme of mitigation to the Mayor of London for approval.

(16) Before considering whether to approve the scheme of mitigation, the Mayor of London must consult any relevant air quality authority and take into consideration any responses received.

(17) TfL must implement or secure the implementation of the scheme of mitigation approved by the Mayor of London in accordance with the programme contained in the approved scheme of mitigation.

Surface water drainage details

8.-(1) No part of the authorised development which comprises any part of a surface water drainage system must commence until written details of that surface water drainage system have been submitted to and approved by the relevant planning authority.

(2) The surface water drainage system for the relevant part of the authorised development must be constructed in accordance with the details approved under sub-paragraph (1).

External lighting details

9.-(1) No part of the authorised development is to be opened for public use until written details of any external lighting to be installed in connection with the operation of any building or other structure forming part of the authorised development have been submitted to and approved by the relevant planning authority.

(2) Each part of the authorised development must be carried out in accordance with the relevant details of the external lighting approved under sub-paragraph (1).

Signage strategy

10.-(1) No part of the authorised development is to be opened for public use until a strategy for any highway signage to be installed on that part has been submitted to and approved by the relevant highway authority.

(2) The relevant highway authority for the purposes of sub-paragraph (1) is, in each case, the highway authority for the highway in relation to which the highway signage is to be installed.

(3) Each part of the authorised development must be carried out in accordance with the relevant strategy approved under sub-paragraph (1).

Flood risk assessment

11.  The authorised development must be carried out in accordance with the flood risk assessment.

Operational noise mitigation measures

12.-(1) No part of the authorised development may open for public use until a written scheme of proposed noise mitigation measures in respect of the use and operation of that part has been submitted to and approved in writing by the relevant planning authority following consultation with the relevant highway authority.

(2) The proposed measures submitted for approval under sub-paragraph (1) must provide-

(a)details of the noise barriers proposed;

(b)that any highway constructed or resurfaced as part of the authorised development will be surfaced with low noise surfacing to a TSCS standard or better, with the exception of the sections of highway within the Silvertown Tunnel and on the Silvertown Tunnel approaches where retaining walls of 1.8 metres or higher are located on either side of the carriageway, together with any other sections of highway which are recommended by a road safety audit to have an alternative surface; and

(c)details of the proposals for the retention and maintenance of the proposed noise mitigation measures.

(3) The approved noise mitigation measures must be implemented prior to the opening of the relevant part of the authorised development for public use and must be retained and maintained in accordance with the approved scheme.

(4) The relevant highway authority for the purposes of sub-paragraph (1) is, in each case, the highway authority for the highway in relation to which the noise mitigation is to be installed.

(5) The written details referred to in sub-paragraph (1) must either reflect the mitigation measures included in the environmental statement or, where the mitigation proposed materially differs from the mitigation identified in the environmental statement, TfL must provide evidence with the written details submitted that with the mitigation proposed, the authorised development would not give rise to any materially new or materially different environmental effects to those assessed in the environmental statement taking into account the mitigation identified in it.

(6) In this paragraph "TSCS" means thin surface course systems as defined by clause 942 of the Manual of Contract Documents for Highway Works, Volume 1 Specification for Highway Works.

Siebert Road and Westcombe Hill area noise barriers

13.  Prior to the opening of the authorised development for public use, TfL must install noise barriers to protect properties in the Siebert Road, Invicta Road/Westcombe Hill area from the effects of traffic noise from the A102. Details of these barriers must be submitted to and approved by the local planning authority after consultation with local residents, before installation is commenced. The installation must be undertaken in the form approved.

Cross-river bus services

14.-(1) TfL must secure a cross-river bus service provision using the tunnels which delivers the same or greater levels of public transport benefits (as quantified in the pre-Scheme Refreshed Case modelling) as those identified in the Assessed Case, as set out in the environmental statement, without any reduction in any other user benefits generated by the scheme and in any event the provision of not less than 20 buses per hour during peak periods in each direction through the tunnels for the duration of the monitoring period and thereafter must keep under review and secure the provision of bus services through the tunnels in accordance with the bus strategy and the objectives set out in that document.

(2) TfL must provide funding for concessionary bus travel to residents of the London Boroughs of Newham and Tower Hamlets and the Royal Borough of Greenwich in accordance with the bus strategy after the Silvertown Tunnel opens for public use.

(3) TfL must ensure that any bus ordinarily using the Silvertown Tunnel as part of a London local service must comply with the Euro VI emissions limits or with equivalent emissions standards.

(4) In this paragraph-

"bus" means a public service vehicle designed and constructed for the carriage of both seated and standing passengers;

"Euro VI emissions limits" means the emissions limits for heavy duty vehicles set out in Annex I to Regulation (EC) No 595/2009 of the European Parliament and of the Council (as amended by Annex XV of Commission Regulation (EU) No 582/2011);

"London local service" means a London local service which TfL has determined as being required under section 181 of the 1999 Act; and

"the monitoring period" means a period of not less than three years commencing on the date the Silvertown Tunnel opens for public use, which may be extended by TfL for up to two years if this is deemed necessary following consultation with the members of STIG in accordance with section 3.4 of the monitoring and mitigation strategy.

Cross-river cycle/pedestrian facilities

15.-(1) TfL must secure the provision of enhanced river crossing facilities for cyclists and pedestrians between the Greenwich Peninsula and Canary Wharf and Silvertown for at least the duration of the monitoring period, whether by bus shuttles, ferry services and/or modified charging policy on the Air Line service.

(2) Details of such provisions must be submitted to and approved by the relevant local planning authorities prior to the opening of the authorised development for public use, and such scheme or schemes as may be approved must be retained for no less than the monitoring period unless agreed otherwise by the relevant local planning authorities.

Biodiversity action plan and mitigation strategy

16.  The authorised development must be carried out in accordance with the biodiversity action plan and mitigation strategy.

Contaminated land

17.-(1) No part of the authorised development may commence until a site investigation and risk assessment has been carried out to assess the nature and extent of contamination within any land on which intrusive groundworks in connection with that part of the authorised development are to be carried out.

(2) The site investigation and risk assessment carried out under sub-paragraph (1) must be-

(a)based on the preliminary risk assessment of contaminant sources, pathways and receptors contained in the environmental statement;

(b)carried out in accordance with the Department for Environment, Food and Rural Affairs' and the Environment Agency's "Model Procedures for the Management of Land Contamination" Contaminated Land Report 11 document, and must include-

(i)a survey of the nature, extent and scale of contamination within the relevant area;

(ii)an assessment of the potential risks to human health, property and other relevant receptors; and

(iii)an appraisal of remediation options and proposal of the preferred option where the site investigation and risk assessment indicates that remediation is required as a result of the proposed intrusive groundworks in order for the relevant area of land not to meet the definition of "contaminated land" under Part 2A (contaminated land) of the Environmental Protection Act 1990(97); and

(c)supplied to the relevant planning authority as soon as reasonably practicable following its completion.

(3) Where the site investigation and risk assessment carried out under sub-paragraph (1) contains an appraisal of remediation options and proposal of the preferred option as required by sub-paragraph (2)(b)(iii), a remediation strategy must be submitted to and approved in writing by the relevant planning authority which must include-

(a)remediation measures required as a result of the proposed intrusive groundworks to ensure that the site will not meet the definition of "contaminated land" under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land following remediation; and

(b)a verification plan, providing details of the data to be collected in order to demonstrate that the works set out in the remediation scheme submitted for approval under this sub-paragraph are complete.

(4) The remediation strategy approved under sub-paragraph (3) must be implemented as part of the authorised development.

(5) Following the implementation of the remediation strategy approved under sub-paragraph (3), a verification report, based on the data collected as part of the remediation strategy and demonstrating the completion of the remediation measures must be produced and supplied to the relevant planning authority.

(6) Where the verification report produced under sub-paragraph (5) does not demonstrate the completion of the remediation measures, a statement as to how any outstanding remediation measures will be addressed must be supplied to the relevant planning authority at the same time as the verification report.

(7) The outstanding remediation measures must be completed to the reasonable satisfaction of the relevant planning authority by the date agreed with that authority.

Hazardous substances – East Greenwich Gasholder site

18.-(1) The Silvertown Tunnel must not open for public use and the tunnel services buildings at the South Portal comprised in Work No. 12 must not be occupied after their practical completion until the hazardous substances consent for the East Greenwich Gasholder Station site has been revoked or modified in accordance with the Planning (Hazardous Substances) Act 1990(98), and in the case of a modification details of the relevant modifications have been submitted to the Health and Safety Executive, and the Health and Safety Executive has advised TfL in writing that it does not advise against the authorised development.

Hazardous substances – Brenntag Chemicals site

19.-(1) The Silvertown Tunnel must not open for public use until the hazardous substances consent for the Brenntag Inorganic Chemicals Ltd site has been revoked or modified in accordance with the Planning (Hazardous Substances) Act 1990, and in the case of a modification details of the relevant modifications have been submitted to the Health and Safety Executive, and the Health and Safety Executive has advised the Secretary of State in writing that it does not advise against the authorised development.

Re-use of excavated material on-site

20.  The works to implement the authorised development must be undertaken in a manner that will maximise the potential for re-use of suitable excavated material on site for the subsequent re-use of areas that will be subject to temporary possession. Prior to the commencement of development, details of the storage of suitable excavated material and of its subsequent re-use within or adjoining the Order limits must be submitted to and approved by the relevant local planning authority. The construction must be carried out as approved.

Local business transitional support

21.  Prior to the opening of the authorised development for public use TfL must make all reasonable endeavours to agree a business transitional support package with the councils of the London Borough of Newham, the London Borough of Tower Hamlets and the Royal Borough of Greenwich. As part of this business transitional support package TfL must make available to those councils the sum of one million pounds for the purpose of supporting local businesses.

PART 2PROCEDURE FOR DISCHARGE OF REQUIREMENTS

Interpretation

22.  In this Part of this Schedule, "discharging authority" means-

(a)any body responsible for giving any consent, agreement or approval required by a requirement included in Part 1 of this Schedule, or for giving any consent, agreement or approval further to any document referred to in any such requirement; or

(b)the local authority in the exercise of its functions set out in sections 60 (control of noise of construction sites) and 61 (prior consent for work on construction sites) of the Control of Pollution Act 1974(99).

Applications made under requirements

23.-(1) Where TfL proposes to make an application to a discharging authority for any consent, agreement or approval required by a requirement contained in Part 1 of this Schedule, no later than 28 days prior to submitting the application TfL must provide a draft of the proposed application to the discharging authority, unless otherwise agreed by the discharging authority.

(2) At the same time as submitting a draft of a proposed application to the Council of the London Borough of Newham under sub-paragraph (1) in respect of-

(a)any consent, agreement or approval required by paragraph 5(3) of Part 1 of this Schedule; or

(b)any consent, agreement or approval required further to any document referred to in any such requirement,

TfL must consult the Council of the London Borough of Tower Hamlets about the draft of the proposed application and when finalising the contents of the application TfL must take into account any comments made by the Council of the London Borough of Tower Hamlets during that consultation.

(3) An application to the discharging authority for any consent, agreement or approval required by a requirement contained in Part 1 of this Schedule must be accompanied by a statement summarising how TfL considers it has complied with the obligations applicable to the requirement set out in Part 1 of this Schedule.

(4) Where an application has been made to the discharging authority for any consent, agreement or approval required by a requirement contained in Part 1 of this Schedule, or for any consent, agreement or approval further to any document referred to in any such requirement, the discharging authority must give notice to TfL of its decision on the application within a period of 8 weeks beginning with-

(a)the day immediately following that on which the application is received by the discharging authority; or

(b)where further information is requested under paragraph 24, the day immediately following that on which the further information has been supplied by TfL,

or such longer period as may be agreed in writing by TfL and the discharging authority.

(5) Where an application has been made to the Council of the London Borough of Newham in respect of-

(a)any consent, agreement or approval required by paragraph 5(3) of Part 1 of this Schedule; or

(b)any consent, agreement or approval required further to any document referred to in any such requirement,

the Council of the London Borough of Newham must not give notice to TfL of its decision until the Council of the London Borough of Newham has consulted the Council of the London Borough of Tower Hamlets in respect of that application for a period of not less than 21 days, and considered any representations made by the Council of the London Borough of Tower Hamlets on the application received within that time.

(6) In determining any application made to the discharging authority for any consent, agreement or approval required by a requirement contained in Part 1 of this Schedule, the discharging authority may-

(a)give or refuse its consent, agreement or approval; or

(b)give its consent, agreement or approval subject to reasonable conditions,

and where consent, agreement or approval is refused or granted subject to conditions the discharging authority must provide its reasons for that decision with the notice of the decision.

Further information regarding requirements

24.-(1) In relation to any application referred to in paragraph 23, the discharging authority may request such further information from TfL as it considers necessary to enable it to consider the application.

(2) If the discharging authority considers that further information is necessary and the requirement concerned contained in Part 1 of this Schedule does not specify that consultation with a consultee is required, the discharging authority must, within 10 business days of receipt of the application, notify TfL in writing specifying the further information required.

(3) If the requirement concerned contained in Part 1 of this Schedule specifies that consultation with a consultee is required, the discharging authority must issue the application to the consultee within five business days of receipt of the application, and notify TfL in writing specifying any further information requested by the consultee within five business days of receipt of such a request.

(4) If the discharging authority does not give the notification within the period specified in sub-paragraph (2) or (3) it (and the consultee, as the case may be) is deemed to have sufficient information to consider the application and is not entitled to request further information without the prior agreement of TfL.

Appeals

25.-(1) Where a person ("the applicant") makes an application to a discharging authority, the applicant may appeal to the Secretary of State in the event that-

(a)the discharging authority refuses an application for any consent, agreement or approval required by-

(i)a requirement contained in Part 1 of this Schedule; or

(ii)a document referred to in any requirement contained in Part 1 of this Schedule;

(b)the discharging authority does not determine such an application within the time period set out in paragraph 23(4)23(1), or grants it subject to conditions;

(c)the discharging authority issues a notice further to sections 60 (control of noise of construction sites) or 61 (prior consent for work on construction sites) of the Control of Pollution Act 1974;

(d)on receipt of a request for further information pursuant to paragraph 24 of this Part of this Schedule, the applicant considers that either the whole or part of the specified information requested by the discharging authority is not necessary for consideration of the application; or

(e)on receipt of any further information requested, the discharging authority notifies the applicant that the information provided is inadequate and requests additional information which the applicant considers is not necessary for consideration of the application.

(2) The appeal process is as follows-

(a)any appeal by the applicant must be made within 42 days of the date of the notice of the decision or determination, or (where no determination has been made) the expiry of the time period set out in paragraph 23(4), giving rise to the appeal referred to in sub-paragraph (1);

(b)the applicant must submit the appeal documentation to the Secretary of State and must on the same day provide copies of the appeal documentation to the discharging authority and any consultee specified under the relevant requirement contained in Part 1 of this Schedule;

(c)as soon as is practicable after receiving the appeal documentation, the Secretary of State must appoint a person to consider the appeal ("the appointed person") and must notify the appeal parties of the identity of the appointed person and the address to which all correspondence for the attention of the appointed person should be sent;

(d)the discharging authority and any consultee (if applicable) must submit their written representations together with any other representations to the appointed person in respect of the appeal within 10 business days of the start date specified by the appointed person and must ensure that copies of their written representations and any other representations as sent to the appointed person are sent to each other and to the applicant on the day on which they are submitted to the appointed person;

(e)the appeal parties must make any counter-submissions to the appointed person within 10 business days of receipt of written representations pursuant to paragraph (c); and

(f)the appointed person must make a decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable after the end of the 10 day period for counter-submissions under paragraph (e).

(3) The appointment of the appointed person pursuant to sub-paragraph (2)(c) may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State.

(4) In the event that the appointed person considers that further information is necessary to enable the appointed person to consider the appeal the appointed person must as soon as practicable notify the appeal parties in writing specifying the further information required, the appeal party from whom the information is sought, and the date by which the information is to be submitted.

(5) Any further information required pursuant to sub-paragraph (4) must be provided by the party from whom the information is sought to the appointed person and to the other appeal parties by the date specified by the appointed person. The appointed person must notify the appeal parties of the revised timetable for the appeal on or before that day. The revised timetable for the appeal must require submission of written representations to the appointed person within 10 business days of the date specified by the appointed person but must otherwise be in accordance with the process and time limits set out in sub-paragraphs (2)(c)-(e).

(6) On an appeal under this paragraph, the appointed person may-

(a)allow or dismiss the appeal; or

(b)reverse or vary any part of the decision of the discharging authority (whether the appeal relates to that part of it or not),

and may deal with the application as if it had been made to the appointed person in the first instance.

(7) The appointed person may proceed to a decision on an appeal taking into account such written representations as have been sent within the relevant time limits and in the sole discretion of the appointed person such written representations as have been sent outside of the relevant time limits.

(8) The appointed person may proceed to a decision even though no written representations have been made within the relevant time limits, if it appears to the appointed person that there is sufficient material to enable a decision to be made on the merits of the case.

(9) The decision of the appointed person on an appeal is final and binding on the parties, and a court may entertain proceedings for questioning the decision only if the proceedings are brought by a claim for a judicial review.

(10) If an approval is given by the appointed person pursuant to this Part of this Schedule, it is deemed to be an approval for the purpose of Part 1 of this Schedule as if it had been given by the discharging authority. The discharging authority may confirm any determination given by the appointed person in identical form in writing but a failure to give such confirmation (or a failure to give it in identical form) is not to be taken to affect or invalidate the effect of the appointed person's determination.

(11) Save where a direction is given pursuant to sub-paragraph (12) requiring the costs of the appointed person to be paid by the discharging authority, the reasonable costs of the appointed person are to be met by the applicant.

(12) On application by the discharging authority or the applicant, the appointed person may give directions as to the costs of the appeal parties and as to the parties by whom the costs of the appeal are to be paid. In considering whether to make any such direction and the terms on which it is to be made, the appointed person must have regard to relevant guidance on the Planning Practice Guidance website or any official circular or guidance which may from time to time replace it.

Articles 9

SCHEDULE 3PERMANENT STOPPING UP OF HIGHWAYS AND PRIVATE MEANS OF ACCESS

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

PART 2HIGHWAYS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

PART 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

PART 4PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

Article 22

SCHEDULE 4LAND IN WHICH ONLY NEW RIGHTS MAY BE ACQUIRED

Article 22

SCHEDULE 5MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

Compensation enactments

1.  The enactments for the time being in force with respect to compensation for the compulsory purchase of land apply, with the necessary modifications as respects compensation, in the case of a compulsory acquisition under this Order of a right by the creation of a new right or imposition of a restrictive covenant as they apply as respects compensation on the compulsory purchase of land and interests in land.

2.-(1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1961 has effect subject to the modification set out in sub-paragraph (2).

(2) For section 5A(5A) (relevant valuation date) of the 1961 Act substitute-

"(5A) If-

(a)the acquiring authority enters on land for the purpose of exercising a right in pursuance of a notice of entry under section 11(1) of the 1965 Act (as modified by paragraph 5(5) of Schedule 5 to the Silvertown Tunnel Order 2018(100) ("the 2018 Order"));

(b)the acquiring authority is subsequently required by a determination under paragraph 12 of Schedule 2A to the 1965 Act (as substituted by paragraph 5(8) of Schedule 5 to the 2018 Order) to acquire an interest in the land; and

(c)the acquiring authority enters on and takes possession of that land,

the authority is deemed for the purposes of subsection (3)(a) to have entered on that land where it entered on that land for the purpose of exercising that right."

3.-(1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973(101) has effect subject to the modifications set out in sub-paragraph (2).

(2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 (measure of compensation in case of severance) of the 1965 Act as substituted by paragraph 5(3)-

(a)for "land is acquired or taken from" substitute "a right or restrictive covenant over land is purchased from or imposed on"; and

(b)for "acquired or taken from him" substitute "over which the right is exercisable or the restrictive covenant enforceable".

Application of Part 1 of the 1965 Act

4.  Part 1 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act, as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (and modified by article 25 (modification of Part 1 of the 1965 Act)) to the acquisition of land under article 19 (compulsory acquisition of land), applies to the compulsory acquisition of a right by the creation of a new right, or to the imposition of a restrictive covenant under article 22(1) (compulsory acquisition of rights)-

(a)with the modification specified in paragraph 5; and

(b)with such other modifications as may be necessary.

5.-(1) The modification referred to in paragraph 4(a) are as follows.

(2) References in the 1965 Act to land are, in the appropriate contexts, to be read (according to the requirements of the particular context) as referring to, or as including references to-

(a)the right acquired or to be acquired, or the restriction imposed or to be imposed; or

(b)the land over which the right is or is to be exercisable, or the restriction is or is to be enforceable.

(3) For section 7 (measure of compensation in case of severance) of the 1965 Act substitute-

"7.  In assessing the compensation to be paid by the acquiring authority under this Act, regard must be had not only to the extent (if any) to which the value of the land over which the right is to be acquired or the restrictive covenant is to be imposed is depreciated by the acquisition of the right or the imposition of the covenant but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.".

(4) The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say-

(a)section 9(4) (failure by owners to convey);

(b)paragraph 10(3) of Schedule 1 (owners under incapacity);

(c)paragraph 2(3) of Schedule 2 (absent and untraced owners); and

(d)paragraphs 2(3) and 7(2) of Schedule 4 (common land),

are modified to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired or the restrictive covenant which is to be imposed is vested absolutely in the acquiring authority.

(5) Section 11(102) (powers of entry) of the 1965 Act is modified to secure that, where the acquiring authority has served notice to treat in respect of any right or restriction, as well as the notice of entry required by subsection (1) of that section (as it applies to a compulsory acquisition under article 19), it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restriction ; and sections 11A(103)(powers of entry: further notices of entry), 11B(104) (counter-notice requiring possession to be taken on specified date), 12(105) (penalty for unauthorised entry) and 13(106) (entry on warrant in the event of obstruction) of the 1965 Act are modified correspondingly.

(6) Section 20(107) (protection for interests of tenants at will, etc.) of the 1965 Act applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right or the enforcement of the restrictive covenant in question.

(7) Section 22 (interests omitted from purchase) of the 1965 Act as modified by article 25(4) is also modified so as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired or enforce the restrictive covenant imposed, subject to compliance with that section as respects compensation.

(8) For Schedule 2A to the 1965 Act substitute-

"SCHEDULE 2ACOUNTER-NOTICE REQUIRING PURCHASE OF LAND

Introduction

1.-(1) This Schedule applies where an acquiring authority serve a notice to treat in respect of a right over, or restrictive covenant affecting, the whole or part of a house, building or factory and have not executed a general vesting declaration under section 4 of the 1981 Act as applied by article 26 (application of the 1981 Act) of the Silvertown Tunnel Order 2018 in respect of the land to which the notice to treat relates.

(2) But see article 27(4) (acquisition of subsoil, etc., only) of the Silvertown Tunnel Order 2018 which excludes the acquisition of subsoil or airspace only from this Schedule.

2.  In this Schedule, "house" includes any park or garden belonging to a house.

Counter-notice requiring purchase of land

3.  A person who is able to sell the house, building or factory ("the owner") may serve a counter-notice requiring the authority to purchase the owner's interest in the house, building or factory.

4.  A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served.

Response to counter-notice

5.  On receiving a counter-notice, the acquiring authority must decide whether to-

(a)withdraw the notice to treat,

(b)accept the counter-notice, or

(c)refer the counter-notice to the Upper Tribunal.

6.  The authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served ("the decision period").

7.  If the authority decide to refer the counter-notice to the Upper Tribunal they must do so within the decision period.

8.  If the authority do not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period.

9.  If the authority serve notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner's interest in the house, building or factory.

Determination by Upper Tribunal

10.  On a referral under paragraph 7, the Upper Tribunal must determine whether the acquisition of the right or the imposition of the restrictive covenant would-

(a)in the case of a house, building or factory, cause material detriment to the house, building or factory, or

(b)in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs.

11.  In making its determination, the Upper Tribunal must take into account-

(a)the effect of the acquisition of the right or the imposition of the covenant,

(b)the use to be made of the right or covenant proposed to be acquired or imposed, and

(c)if the right or covenant is proposed to be acquired or imposed for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land.

12.  If the Upper Tribunal determines that the acquisition of the right or the imposition of the covenant would have either of the consequences described in paragraph 10, it must determine how much of the house, building or factory the authority ought to be required to take.

13.  If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the compulsory purchase order and the notice to treat are to have effect as if they included the owner's interest in that land.

14.-(1) If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land.

(2) If the acquiring authority withdraws the notice to treat under this paragraph they must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice.

(3) Any dispute as to the compensation is to be determined by the Upper Tribunal."

Article 27

SCHEDULE 6LAND IN WHICH ONLY SUBSOIL OR NEW RIGHTS ABOVE SUBSOIL AND SURFACE MAY BE ACQUIRED

Article 29

SCHEDULE 7LAND OF WHICH ONLY TEMPORARY POSSESSION MAY BE TAKEN

Article 44(21)

SCHEDULE 8REMOVAL OF MOTOR VEHICLES AND RECOVERY OF PENALTY CHARGES

PART 1PRELIMINARY

1.-(1) In this Schedule-

"adjudicator" means a person specified in article 44(22) (removal of motor vehicles);

"appeal" means an appeal under paragraph 4(1) or 9(1);

"appellant" means the person bringing the appeal;

"hearing" means an oral hearing;

"hiring agreement" has the same meaning as in section 66 (hired vehicles) of the Road Traffic Offenders Act 1988(108);

"penalty charge notice" has the meaning given in paragraph 5;

"person liable" means the registered keeper of a motor vehicle;

"the statement of charges" means the statement of charges published under article 54(5) (power to charge for use of the tunnels) applying by virtue of article 44(16) and

"vehicle-hire firm" has the same meaning as in section 66 of the Road Traffic Offenders Act 1988.

(2) In determining for the purposes of any provision of this Schedule whether a charge or penalty charge has been paid before the end of a particular period, it must be taken to be paid when it is received by TfL.

PART 2REPRESENTATIONS AND APPEALS IN RELATION TO THE REMOVAL OF MOTOR VEHICLES

Persons to whom Part 2 applies

2.  This Part of this Schedule applies to a person (referred to as a "relevant person") who-

(a)pays or causes to be paid a penalty charge to recover a motor vehicle after it has been removed from the tunnels area in accordance article 44;

(b)receives any sum after a motor vehicle has been sold or destroyed in accordance with article 44; or

(c)is informed that the proceeds of disposal of a motor vehicle do not exceed the amount of the penalty charges payable in respect of the motor vehicle in accordance with article 44.

Right to make representations

3.-(1) A relevant person must, on the happening of an event such as is referred to in sub-paragraph (a), (b) or (c) of paragraph 2, immediately be informed by notice in writing, by or on behalf of TfL, of that person's right to make representations under this paragraph and that person's right of appeal under paragraph 4.

(2) A relevant person may make representations in writing to TfL on one or more of the grounds mentioned in sub-paragraph (3).

(3) The grounds are-

(a)that the penalty charge paid to secure the release or recovery of the motor vehicle exceeded the amount applicable in the circumstances of the case;

(b)in a case where the motor vehicle was removed and penalty charges were outstanding with respect to the motor vehicle, that-

(i)those penalty charges were all incurred before the person liable in relation to the motor vehicle at the time of its removal had become the person liable in relation to that motor vehicle; or

(ii)the number of penalty charges incurred after that person had become the person liable was fewer than such number as may be specified in the statement of charges; or

(c)that the relevant person is a vehicle-hire firm and-

(i)the motor vehicle in question was at the time the motor vehicle was removed hired from that firm under a hiring agreement; and

(ii)the person hiring it had signed a statement of liability acknowledging that person's liability in respect of any penalty charge incurred in respect of the motor vehicle during the currency of the hiring agreement.

(4) TfL may disregard any representations received by it after the end of the period of 28 days beginning with the date on which the relevant person is informed in accordance with sub-paragraph (1) of that person's right to make representations.

(5) It is the duty of the person to whom representations are made under this paragraph, before the end of the period of 56 days beginning with the day on which it receives the representations-

(a)to consider them and any supporting evidence which the person making them provides; and

(b)to serve on that person a notice of its decision as to whether or not it accepts that the ground in question has been established.

(6) Where TfL serves notice under sub-paragraph (5)(b) that it accepts that a ground has been established it must (when serving that notice or as soon as practicable after it has done so) refund any penalty charge or charges-

(a)paid to recover the motor vehicle after it had been removed from the tunnels area;

(b)deducted from the proceeds of sale of the motor vehicle,

except to the extent (if any) to which those sums were properly paid or deducted.

(7) Where TfL serves notice under sub-paragraph (5)(b) that it does not accept that a ground has been established, that notice must-

(a)inform the relevant person of that person's right to appeal to an adjudicator;

(b)indicate the nature of the adjudicator's power to award costs against any person making a valid appeal;

(c)describe in general terms the form and manner in which such an appeal is required to be made; and

(d)provide such other information as TfL considers appropriate.

(8) Where TfL fails to comply with sub-paragraph (5) before the end of the period of 56 days there mentioned-

(a)TfL is deemed to have accepted that the ground in question has been established and to have served notice to that effect under sub-paragraph (6); and

(b)sub-paragraph (6) has effect as if it required any refund to be made immediately after the end of that period.

(9) Any notice required to be served under this paragraph may be served personally or by post or in such form as is agreed between TfL and the relevant person.

(10) Where the person on whom any document is required to be served by sub-paragraph (5) is a body corporate, the document is duly served if it is sent by post or any such form as is agreed to the secretary or clerk to that body.

Right to appeal to an adjudicator

4.-(1) Where TfL serves notice under paragraph 3(5)(b) that it does not accept that a ground on which representations were made under that paragraph has been established, the person making those representations may appeal to an adjudicator against TfL's decision, before-

(a)the end of the period of 28 days beginning with the date of service of the notice; or

(b)such longer period as an adjudicator may allow following consultation with TfL.

(2) An adjudicator may allow a longer period for an appeal under paragraph (1)(b) whether or not the period specified in paragraph (1)(a) has already expired.

(3) On an appeal under this paragraph, the adjudicator must consider the representations in question and any additional representations which are made by the appellant on any of the grounds mentioned in paragraph 3(3) and, if the adjudicator concludes-

(a)that any of the representations are justified; and

(b)that TfL would have been under the duty imposed by paragraph 3(6) to refund any sum if TfL had served notice that it accepted that the ground in question had been established,

the adjudicator must direct the authority to make the necessary refund.

(4) TfL must comply with a direction of the adjudicator.

PART 3RECOVERY OF PENALTY CHARGES

Penalty charge notices

5.-(1) Where a charge with respect to a motor vehicle under the statement of charges has not been paid by the time by which it is required by the statement of charges to be paid and, in those circumstances, the statement of charges provides for the payment of a penalty charge, TfL may serve a notice ("a penalty charge notice").

(2) A penalty charge notice must be served on the registered keeper of the motor vehicle.

(3) A penalty charge notice must state-

(a)the amount of the penalty charge to which it relates;

(b)the grounds on which TfL believes that the penalty charge is payable with respect to the motor vehicle;

(c)the time, in accordance with the statement of charges under which it is imposed, and the manner in which the penalty charge must be paid;

(d)the amount of the reduced penalty charge if it is duly paid in the time specified in the statement of charges;

(e)the amount of the increased penalty charge if-

(i)the penalty charge is not paid; or

(ii)no representations are made under paragraph 6,

before the end of the relevant period as defined by paragraph 10(3)(a);

(f)the address to which payment of the penalty charge must be sent;

(g)that the person on whom the notice is served ("the recipient") may be entitled to make representations under paragraph 10; and

(h)the effect of paragraph 9.

Representations against penalty charge notice

6.-(1) Where it appears to the recipient that one or other of the grounds mentioned in sub-paragraph (3) are satisfied, the recipient may make representations in writing to that effect to TfL.

(2) TfL may disregard any such representations which are received by it after the end of the period of 28 days beginning with the date on which the penalty charge notice was served.

(3) The grounds are-

(a)that the recipient-

(i)never was the registered keeper in relation to the motor vehicle in question;

(ii)had ceased to be the person liable before the date on which the motor vehicle was used in the tunnels; or

(iii)became the person liable after that date;

(b)that the charge payable for the use or keeping of the motor vehicle on a road on the occasion in question was paid at the time and in the manner required by the statement of charges;

(c)that no penalty charge is payable under the statement of charges;

(d)that the motor vehicle had been used or kept, or permitted to be used or kept, on a road by a person who was in control of the motor vehicle without the consent of the registered keeper;

(e)that the penalty charge exceeded the amount applicable in the circumstances of the case;

(f)that the recipient is a vehicle-hire firm and-

(i)the motor vehicle in question was at the material time hired from that firm under a hiring agreement; and

(ii)the person hiring it had signed a statement of liability acknowledging liability in respect of any penalty charge notice imposed in relation to the motor vehicle during the currency of the hiring agreement.

(4) Where the ground mentioned in sub-paragraph (3)(a)(ii) is relied on in any representations made under this paragraph, those representations must include a statement of the name and address of the person to whom the motor vehicle was disposed of by the person making the representations (if that information is in that person's possession).

(5) Where the ground mentioned in sub-paragraph (3)(a)(iii) is relied on in any representations made under this paragraph, those representations must include a statement of the name and address of the person from whom the motor vehicle was acquired by the person making the representations (if that information is in that person's possession).

(6) Where representations are duly made under this paragraph to TfL it must-

(a)consider them and any supporting evidence which the person making them provides; and

(b)serve on that person notice of its decision as to whether or not it accepts that the ground in question has been established.

Cancellation of penalty charge notice

7.-(1) Where representations are made under paragraph 6 and TfL accepts that the ground in question has been established it must-

(a)cancel the penalty charge notice; and

(b)state in the notice served under paragraph 6(6) that the penalty charge notice has been cancelled.

(2) The cancellation of a penalty charge notice under this paragraph is not to be taken to prevent TfL concerned from serving a fresh penalty charge notice on the same or another person.

Rejection of representations against penalty charge notice

8.-(1) Where any representations are made under paragraph 6 but TfL does not accept that a ground has been established, the notice served under paragraph 6(6) ("the notice of rejection") must-

(a)state that a charge certificate may be served under paragraph 10 unless before the end of the period of 28 days beginning with the date of service of the notice of rejection-

(i)the penalty charge is paid; or

(ii)the person on whom the notice is served appeals to an adjudicator against the penalty charge;

(b)indicate the nature of an adjudicator's power to award costs against any person appealing to the adjudicator; and

(c)describe in general terms the form and manner in which an appeal to an adjudicator must be made.

(2) A notice of rejection may contain such other information as TfL considers appropriate.

Adjudication by an adjudicator

9.-(1) Where TfL serves notice under paragraph 6(6) that it does not accept that a ground on which representations were made under that paragraph has been established, the person making those representations may appeal to an adjudicator against TfL's decision before-

(a)the end of the period of 28 days beginning with the date of service of that notice; or

(b)such longer period as an adjudicator may allow, following consultation with TfL.

(2) An adjudicator may allow a longer period for an appeal under sub-paragraph (1)(b) whether or not the period specified in sub-paragraph (1)(a) has already expired.

(3) On an appeal under this paragraph, the adjudicator must consider the representations in question and any additional representations which are made by the appellant on any of the grounds mentioned in paragraph 6(3) and may give TfL such directions as the adjudicator considers appropriate.

(4) TfL must comply with a direction of the adjudicator given under sub-paragraph (3).

Charge certificates

10.-(1) Where a penalty charge notice is served on any person and the penalty charge to which it relates is not paid before the end of the relevant period, TfL may serve on that person a statement (a "charge certificate") to the effect that the penalty charge in question is increased to the sum specified in the statement of charges under which it was incurred.

(2) Where TfL has served a charge certificate on any person it may cancel the charge certificate and serve or cancel such further charge certificates as it thinks fit.

(3) The relevant period, in relation to a penalty charge notice, is the period of 28 days beginning-

(a)where no representations are made under paragraph 6, with the date on which the penalty charge notice is served;

(b)where-

(i)such representations are made;

(ii)a notice of rejection is served by TfL; and

(iii)no appeal against the notice of rejection is made,

with the date on which the notice of rejection is served; or

(c)where there has been an unsuccessful appeal against a notice of rejection, with the date on which notice of the adjudicator's decision is served on the appellant.

(4) Where an appeal against a notice of rejection is made but is withdrawn before the adjudicator gives notice of the adjudicator's decision, the relevant period in relation to a penalty charge notice is the period of 14 days beginning with the date on which the appeal is withdrawn.

Enforcement of charge certificate

11.  Where a charge certificate has been served on any person and the increased penalty charge provided for in the certificate is not paid before the end of the period of 14 days beginning with the date on which the certificate is served, TfL may, if a county court so orders, recover the increased charge as if it were payable under a county court order.

Invalid notices

12.-(1) This paragraph applies where-

(a)a county court makes an order under paragraph 11;

(b)the person against whom it is made makes a statutory declaration complying with sub-paragraph (2); and

(c)that declaration is, before the end of the period of 21 days beginning with the date on which notice of the county court's order is served on that person, served on the county court which made the order.

(2) The statutory declaration must state that the person making it-

(a)did not receive the penalty charge notice in question;

(b)made representations to TfL under paragraph 6 but did not receive a notice of rejection; or

(c)appealed to an adjudicator under paragraph 9 against the rejection by TfL of representations made by that person under paragraph 6 but had no response to the appeal.

(3) Sub-paragraph (4) applies where it appears to a county court, on the application of a person on whom a charge certificate has been served, that it would be unreasonable in the circumstances of that person's case to insist on that person serving a statutory declaration within the period of 21 days allowed for by sub-paragraph (1).

(4) Where this sub-paragraph applies, the county court may allow such longer period for service of the statutory declaration as the county court considers appropriate.

(5) Where a statutory declaration is served under sub-paragraph (1)(c)-

(a)the order of the court is deemed to have been revoked;

(b)the charge certificate is deemed to have been cancelled;

(c)in the case of a declaration under sub-paragraph (2)(a), the penalty charge notice to which the charge certificate relates is deemed to have been cancelled; and

(d)the district judge must serve written notice of the effect of service of the declaration on the person making it and on TfL.

(6) Service of a declaration under sub-paragraph (2)(a) must not be taken to prevent TfL from serving a fresh penalty charge notice on the same or another person.

(7) Where a declaration has been served under sub-paragraph (2)(b) or (c), TfL must refer the case to the adjudicator who may give such directions as the adjudicator considers appropriate.

Enforcement by execution

13.-(1) Subject to sub-paragraph (2)-

(a)an unpaid penalty charge which is recoverable in accordance with paragraph 11 as if it were payable under a county court order; and

(b)a sum to be paid by a person (other than TfL) under an adjudication of an adjudicator which is recoverable in accordance with paragraph 14 as if it were payable under a county court order,

is to be treated for purposes of enforcement by execution as if it was a specified debt in the Enforcement of Road Traffic Debts Order 1993 ("the 1993 Order")(109).

(2) For the purposes of the enforcement of an unpaid penalty charge referred to in sub-paragraph (1)(a) or the enforcement of the payment of a sum referred to in sub-paragraph (1)(b)-

(a)any reference in the 1993 Order to "the authority" is to be treated as a reference to TfL; and

(b)the reference in article 3(1) of the 1993 Order to "the time for serving a statutory declaration" is to be treated as a reference to, as the case may be-

(i)the period of 21 days allowed by paragraph 12(1)(c); or

(ii)where a longer period has been allowed pursuant to paragraph 12(4), that period.

14.  Any amount which is payable under an adjudication must, if a county court so rules, be recoverable by the person to whom the amount is payable, as if it were payable under a county court order.

Service by post

15.  Any penalty charge notice, charge certificate or other notice under this Schedule may be served by post (or in such other form as is agreed between the person to be served and TfL) and, where the person on whom it is to be served is a body corporate, is duly served if it is sent by post to the secretary or clerk of that body.

Procedure

16.  The procedure to be applied to proceedings under this Schedule is that which applies to adjudication proceedings in relation to road user charging under the Road User Charging (Enforcement and Adjudication) (London) Regulations 2001(110) as amended from time to time.

Article 48

SCHEDULE 9BLACKWALL AND SILVERTOWN TUNNELS BYELAWS

PART 1PRELIMINARY

Citation and commencement

1.  These byelaws may be cited as the Blackwall and Silvertown Tunnels Byelaws 2018 and are deemed to be made by Transport for London under article 48(1) of the Silvertown Tunnel Order 2018(111) and confirmed by the Secretary of State as provided for by article 48(2) of that Order.

Interpretation

2.-(1) In these byelaws unless the context otherwise requires-

"the approaches" means the Blackwall Tunnel approaches and the Silvertown Tunnel approaches";

"authorised person" means-

"the Blackwall Tunnel" means the 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 byelaws" means these byelaws;

"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;

"fixed penalty notice" is a notice issued under article 49 (fixed penalty notices) of the Silvertown Tunnel Order 2018;

"marshalling area" means an area (if any) provided for the marshalling of motor vehicles using, or intending to use, the tunnels;

"motor vehicle" means a mechanically propelled vehicle intended or adapted for use on roads;

"notice" includes a sign, signal and a digital or other display, and in appropriate circumstances, an audible announcement;

"the Silvertown Tunnel" means the twin bore road tunnel to be constructed as Work No. 1, and as shown by solid blue lines on the tunnels location and operational boundaries plans;

"the Silvertown Tunnel approaches" means the northern and southern approaches to the Silvertown Tunnel, the linear extent of which is shown by dashed blue lines on the tunnels location and operational boundaries plans;

"the Silvertown Tunnel area" means the extent of the public highway to be comprised in and along the Silvertown Tunnel and the Silvertown Tunnel approaches;

"TfL" means Transport for London, the body corporate established under section 154 (establishment) of the Greater London Authority Act 1999, of Windsor House, 42 Victoria Street, London, SW1H 0TL;

"trailer" means a vehicle (including a horse box) designed or adapted to be towed by a motor vehicle;

"the tunnels" means the Blackwall Tunnel and the Silvertown Tunnel;

"the tunnels areas" means the Blackwall Tunnel area and the Silvertown Tunnel area;

"tunnel equipment" includes plant and machinery, and any emergency, safety or communications equipment;

"tunnel infrastructure" means the structure (including the carriageway) of the Blackwall Tunnel and the Silvertown Tunnel;

"the tunnels location and operational boundaries plans" means the plans of that description certified by the Secretary of State under article 65 (certification of documents) of the Silvertown Tunnel Order 2018;

"vaporiser" means an electronic device that can be used to deliver nicotine or other substances to a person inhaling from the device; and

"Work No. 1" means the work of that description in Schedule 1 (authorised development) to the Silvertown Tunnel Order 2018.

(2) References in these byelaws to TfL include any wholly-owned subsidiary (as defined in section 1159 (meaning of "subsidiary" etc) of the Companies Act 2006(114)) of TfL.

(3) The Interpretation Act 1978(115) applies to the interpretation of these byelaws as it applies to the interpretation of an Act of Parliament.

PART 2CONDUCT AND BEHAVIOUR

Smoking etc.

3.  A person in the tunnels must not-

(a)smoke or carry an item that is alight including a lit cigar, cigarette, cigarillo, match, pipe or lighter; or

(b)use a vaporiser.

Unacceptable behaviour

4.  A person must not-

(a)climb upon, remove or damage (whether deliberately or negligently) any tunnel infrastructure or tunnel equipment;

(b)remove, move or otherwise interfere with the tunnels or any machinery, apparatus, tools or other things in use or intended for use in connection with the tunnels;

(c)post a bill, placard or notice on any tunnel infrastructure or tunnel equipment;

(d)write, print, draw or paint on or cut, mark or stamp any tunnel infrastructure or tunnel equipment;

(e)fix anything to any tunnel equipment or tunnel infrastructure;

(f)spit, urinate or defecate in the tunnels areas;

(g)leave litter or waste in the tunnels areas;

(h)move, alter, deface or otherwise interfere with any notice belonging to TfL which is exhibited or placed in the tunnels areas; or

(i)without prejudice to any other requirement of these byelaws, act in any way as to cause a nuisance in the tunnels areas.

PART 3EQUIPMENT AND SAFETY

General safety

5.-(1) A person must not operate, obstruct, interfere with or stop any tunnel equipment except-

(a)by means of any of the controls intended for use by that person; or

(b)in an emergency and by means of equipment on or near which is a notice indicating that it is to be used in an emergency.

(2) A person must not place, throw, drop or trail anything which is capable of injuring or endangering any person or damaging any property in the tunnels areas.

(3) A person must not obstruct or in any way interfere with the tunnels areas.

(4) A person must not, without reasonable cause, activate, use or interfere with any emergency, safety or communications equipment within the tunnels areas.

PART 4ACCESS AND TRAFFIC

Unauthorised access and loitering

6.-(1) A person must not enter, attempt to enter or remain in any part of the tunnels areas where there is a notice prohibiting or restricting access.

(2) A person must not loiter in the tunnels areas if asked to leave by an authorised person.

(3) A driver of a motor vehicle must not sleep within the tunnels areas.

Traffic regulation

7.-(1) A person (other than an authorised person) must not enter the tunnels on foot.

(2) A person (other than an authorised person) must not use or cause to be used within the tunnels areas a pedal cycle (whether electric or not), tricycle, barrow, cart, buggy, pedicab, rickshaw, vehicle used as a personal transporter, or human or animal drawn means of conveyance except if it is conveyed as the load or part of the load of a motor vehicle.

(3) A person must not take into the tunnels an animal unless the animal is enclosed in a motor vehicle or trailer.

(4) A person must not release an animal from a motor vehicle.

(5) A person must not enter the tunnels in a vehicle which has insufficient fuel or power for the journey to be completed in the tunnels without the need for additional fuel or power.

(6) A person must not abandon a motor vehicle in the tunnels areas except in an emergency as directed by an authorised person.

(7) A person must not operate a motor vehicle music or sound system at such volume as to cause nuisance to users of the tunnels.

(8) A person must not unnecessarily, inappropriately or excessively use a car horn, klaxon or lights (including car lamps) in the tunnels areas.

(9) A person must not take or cause to be taken into the tunnels areas a motor vehicle which by reason of its condition is likely to break down or is in such condition as is likely to injure persons or damage property.

(10) A person must not use or cause to be used a motor vehicle in the tunnels unless the load carried by the motor vehicle is at all times contained or secured (if necessary by physical restraint other than its own weight) and is in such a position that neither danger nor nuisance is caused or is likely to be caused to a person or property by reason of the load or any part of the load falling or being thrown from the motor vehicle.

(11) No driver of or passenger in a motor vehicle which has broken down may carry out repairs to or refuel a motor vehicle in the tunnels areas without the permission of an authorised person.

(12) A driver of a motor vehicle which has broken down in the tunnels areas must-

(a)immediately notify an authorised person of the breakdown; and

(b)switch on the motor vehicle's hazard lights.

(13) A driver of a motor vehicle which has shed its load in full or in part in the tunnels such that it has caused, or may cause, an obstruction or other hazard to users of the tunnels must-

(a)not attempt to reclaim the load;

(b)immediately inform an authorised person of the loss of the load and of its approximate location; and

(c)immediately inform an authorised person of the identity of, and contact details for, the owner of the load.

(14) A person must not take into the Blackwall Tunnel a motor vehicle which has-

(a)a weight of more than 44,000 kilograms;

(b)an axle load of more than 10,000 kilograms for a single non-driving axle and 11,500 kilograms for a single driving axle;

(c)a width of more than 2.9 metres; or

(d)a rigid length of more than 18.65 metres.

(15) A person must not take into the Blackwall Tunnel a motor vehicle of a height greater than the heights set out in this table-

(16) A driver of a motor vehicle must not (unless directed by an authorised person) drive in the tunnels areas at a speed of less than ten miles per hour except where the driver is prevented from driving at or above ten miles per hour on account of the traffic flow.

(17) A driver of a motor vehicle must comply with any direction given by an authorised person or traffic notice, sign or signal at any time in terms of the traffic lanes to be used by motor vehicles or not to be used by motor vehicles.

Dangerous goods

8.-(1) A person must not, except with the consent of TfL, take or cause or permit to be taken into the tunnels areas a motor vehicle carrying dangerous goods and must at all times when in the tunnels areas comply with the conditions imposed by paragraph (2) below.

(2) The consent of TfL, if granted, is subject to the following conditions-

(a)no person may drive into the tunnels any motor vehicle to which paragraph (1) applies except with such escort as may be directed or required by an authorised person and the driver of every such motor vehicle must take and comply with such directions or precautionary measures as an authorised person considers expedient in the circumstances; and

(b)a driver of a motor vehicle to which paragraph (1) applies must be accompanied by a person legally entitled to drive the motor vehicle who will be capable of stopping the motor vehicle in the event of sudden illness or incapacity overtaking the driver while in the tunnels.

(3) The driver of a motor vehicle to which paragraph (1) applies must stop on arriving at any marshalling area and must not proceed further into the tunnels without the consent of, or as directed by, an authorised person.

(4) The consent of TfL under this byelaw may be granted generally or specifically, including in respect of any category or description of dangerous goods.

(5) TfL must provide and maintain on its website a mechanism for potential tunnel users to obtain the consent required under paragraph (1) above or granted under paragraph (4).

(6) A driver of a motor vehicle in the tunnels areas must not prevent an authorised person from inspecting the motor vehicle for the purpose of ascertaining compliance with the requirements which apply at any time in respect of the carriage of dangerous goods.

PART 5ENFORCEMENT, ETC.

Name and address

9.-(1) A person reasonably suspected by an authorised person of breaching or attempting to breach a byelaw must immediately give that person's name and address when requested to do so by an authorised person.

(2) The authorised person requesting details under byelaw 9(1) must state the nature of the suspected breach of the byelaw in general terms at the time of the request.

Compliance with instructions and notices, etc.

10.-(1) A person in the tunnels areas must carry out the reasonable instructions of an authorised person or the requirements of a notice displayed by TfL.

(2) A person must not obstruct an authorised person acting in the course of the duties of the authorised person.

(3) A person acting in compliance with the instructions of an authorised person does not commit a breach of the byelaw which otherwise prohibits the act.

(4) A person is not subject to a penalty for breach of a byelaw by disobeying a notice unless it is proved to the satisfaction of the Court before whom the complaint is laid that the notice referred to in the particular byelaw was displayed.

Identification of authorised persons

11.-(1) An authorised person who is exercising any power conferred on an authorised person by any of the byelaws must produce a form of identification when requested to do so.

(2) The form of identification mentioned in byelaw 11(1) must include the name of the authorised person's employer and a means of identifying the authorised person.

Breaches by authorised persons

12.  An authorised person acting in the course of the duties of the authorised person is not liable for a breach of a byelaw.

Attempted breach

13.  A person who attempts to breach a byelaw is liable to the same penalty as a person who breaches a byelaw.

Article 50

SCHEDULE 10CLASSIFICATION OF ROADS, ETC.

PART 1CLASSIFICATION AND DESIGNATION OF GLA ROADS (TRANSPORT FOR LONDON ROAD NETWORK)

In the administrative area of the Royal Borough of Greenwich-

A12 Blackwall Tunnel Southern Approach Southbound

1.  A length of highway proposed to be improved and to be classified as part of the A12, commencing from the existing Blackwall Tunnel South Portal on the existing A102 Blackwall Tunnel southern approach Southbound carriageway and continuing in a generally south-easterly direction to a point where it merges with the Silvertown Tunnel southern approach Southbound carriageway, at a point 115 metres north-west of the centre point of where it passes under the existing Boord Street footbridge.

Identified by a green line on the classification of roads plans (classification).

A12 Blackwall Tunnel Southern Approach Northbound

2.  A length of highway proposed to be improved and to be classified as part of the A12, commencing from a point where it diverges from the Silvertown Tunnel southern approach Northbound carriageway, at a point 160 metres north-west of the centre point of where it passes under the existing Boord Street footbridge, and continuing in a generally north-westerly direction, to the existing Blackwall Tunnel South Portal on the existing A102 Blackwall Tunnel southern approach Northbound carriageway.

Identified by a green line on the classification of roads plans (classification).

A12 Crossover between Blackwall Tunnel Southern Approach Northbound and Southbound Carriageways

3.  A length of highway proposed to be improved and to be classified as part of the A12, commencing from a point on the existing A102 Blackwall Tunnel southern approach Northbound carriageway 350 metres south of the existing Blackwall Tunnel South Portal, and continuing in a generally northerly direction, to a point where it joins the existing A102 Blackwall Tunnel southern approach Southbound carriageway at a point 400 metres south of the existing Blackwall Tunnel South Portal, at a point immediately south of the existing junction of the A102 Blackwall Tunnel southern approach Southbound with the existing Pavilion Lane.

Identified by a green line on the classification of roads plans (classification).

Pavilion Lane (Realigned) (to Millennium Way)

4.  A length of new unclassified highway proposed to be constructed and to be designated as a GLA Road (forming part of the Transport for London Road Network ("TLRN")), commencing at a point on the existing A102 Blackwall Tunnel southern approach Southbound 130 metres south of the existing Blackwall Tunnel Southbound South Portal and continuing in a generally southerly direction then turning eastwards to its junction with the existing Millennium Way, at a point 90 metres north-west of its junction with the existing Edmund Halley Way.

Identified by a dark blue line on the classification of roads plans (designation).

Pavilion Lane (Realigned) (from Millennium Way)

5.  A length of new unclassified highway proposed to be constructed and to be designated as a GLA Road (forming part of the TLRN), commencing from a point on the existing Millennium Way 75 metres north-west of its junction with the existing Edmund Halley Way and continuing in a generally southerly direction to its junction with the Silvertown Tunnel southern approach Northbound, proposed to be located 75 metres south-west of the centre point of the existing Millennium Way, which is 50 metres south-east of the centre point of its junction with the existing Edmund Halley Way.

Identified by a dark blue line on the classification of roads plans (designation).

A102 Silvertown Tunnel Southern Approach Northbound

6.  A length of new highway proposed to be constructed and to be classified as the A102 and to be designated as a GLA Road (forming part of the TLRN), commencing from a point where it diverges from the A102 Blackwall Tunnel southern approach Northbound carriageway at a point 160 metres north-west of the centre point of where it passes under the existing Boord Street footbridge, and continuing in a generally northerly direction to the South Portal of the Silvertown Tunnel (Northbound) proposed to be located 40 metres south-west of the centre point of the existing Millennium Way which is 50 metres south-east of the centre point of its junction with the existing Edmund Halley Way.

Identified by a dark blue line on the classification of roads plans (classification) and by a dark blue line on the classification of roads plans (designation).

A102 Silvertown Tunnel Southern Approach Southbound

7.  A length of new highway proposed to be constructed and to be classified as the A102 and to be designated as a GLA Road (forming part of the TLRN), commencing from the South Portal of the Silvertown Tunnel (Southbound) proposed to be located 40 metres south-west of the centre point of the existing Millennium Way which is 65 metres south-east of the centre point of its junction with the existing Edmund Halley Way, and continuing in a generally south-easterly direction to a point where it merges with the existing A102 Blackwall Tunnel southern approach Southbound carriageway, at a point 115 metres north-west of the existing Boord Street footbridge.

Identified by a dark blue line on the classification of roads plans (classification) and by a dark blue line on the classification of roads plans (designation).

In the administrative areas of the Royal Borough of Greenwich and the London Borough of Newham-

A102 The Silvertown Tunnel Northbound

8.  A length of new highway proposed to be constructed and to be classified as the A102 and to be designated as a GLA Road (forming part of the TLRN), and to be known as the Silvertown Tunnel (Northbound), commencing from a point at the South Portal of the proposed Silvertown Tunnel proposed to be located 30 metres south-west of the centre point of the existing Millennium Way, which is 55 metres south-east of the centre point of its junction with the existing Edmund Halley Way, to a point at the North Portal of the proposed Silvertown Tunnel proposed to be located 65 metres west of the centre point of the existing westbound carriageway of the existing A1101 Silvertown Way that is 20 metres north-west of the point where the existing A1020 Silvertown Way off-slip diverges from the existing A1101 Silvertown Way westbound, and crossing the Borough boundary at the mid-point beneath the river Thames.

Identified by a dark blue line on the classification of roads plans (classification) and by a dark blue line on the classification of roads plans (designation).

A102 The Silvertown Tunnel Southbound

9.  A length of new highway proposed to be constructed and to be classified as the A102 and to be designated as a GLA Road (forming part of the TLRN), and to be known as the Silvertown Tunnel (Southbound), commencing from a point at the North Portal of the proposed Silvertown Tunnel, proposed to be located 50 metres west of the centre point of the existing westbound carriageway of the existing A1101 Silvertown Way that is 20 metres north-west of the point where the existing A1020 Silvertown Way off-slip diverges from the existing A1101 Silvertown Way westbound, to a point at the South Portal of the proposed Silvertown Tunnel, which is proposed to be located 30 metres south-west of the centre point of the existing Millennium Way which is 65 metres south-east of the centre point of its junction with the existing Edmund Halley Way, and crossing the Borough boundary at the mid-point beneath the river Thames.

Identified by a dark blue line on the classification of roads plans (classification) and by a dark blue line on the classification of roads plans (designation).

In the administrative area of the London Borough of Newham-

A102 The Silvertown Tunnel Northern Approach Northbound

10.  A length of new highway proposed to be constructed and to be classified as the A102 and to be designated as a GLA Road (forming part of the TLRN), and to be known as the Silvertown Tunnel northern approach Northbound, commencing from the North Portal of the Silvertown Tunnel (Northbound) proposed to be located 65 metres west of the centre point of the existing westbound carriageway of the existing A1101 Silvertown Way which is 20 metres north-west of the point where the existing A1020 Silvertown Way off-slip diverges from the existing A1101 Silvertown Way westbound, and continuing, in a generally north westerly direction to the point where it joins the new Tidal Basin Roundabout, at a point 90 metres west of the point where the existing A1011 Silvertown Way off-slip joins the Tidal Basin Roundabout.

Identified by a dark blue line on the classification of roads plans (classification) and by a dark blue line on the classification of roads plans (designation).

A102 The Silvertown Tunnel Northern Approach Southbound

11.  A length of new highway proposed to be constructed and to be classified as the A102 and to be designated as a GLA Road (forming part of the TLRN), and to be known as the Silvertown Tunnel northern approach Southbound, commencing from its junction with the new Tidal Basin Roundabout, at a point 70 metres west of the point where the existing A1011 Silvertown Way off-slip joins the Tidal Basin Roundabout and continuing in a generally south-easterly direction to the North Portal of the Silvertown Tunnel (Southbound) proposed to be located 50 metres west of the centre point of the existing westbound carriageway of the existing A1011 Silvertown Way which is 20 metres north-west of the point where the existing A1020 Silvertown Way off-slip diverges from the existing A1101 Silvertown Way westbound.

Identified by a dark blue line on the classification of roads plans (classification) and by a dark blue line on the classification of roads plans (designation).

A102 Silvertown Way Off-Slip (Dedicated Left Turn)

12.  A length of new highway proposed to be constructed and to be classified as part of the A102 and to be designated as a GLA Road (forming part of the TLRN), and to be known as the Silvertown Way Off-Slip dedicated left turn, commencing from a point on the existing A1020 Silvertown Way off-slip 40 metres south-east of the point where the existing A1020 Silvertown Way off-slip joins the Tidal Basin Roundabout and continuing initially in a north-westerly direction then turning in a southerly direction to a point where it joins the Silvertown Tunnel northern approach Southbound, 35 metres south-east of the existing Scarab Close.

Identified by a dark blue line on the classification of roads plans (classification) and by a dark blue line on the classification of roads plans (designation).

A102 Tidal Basin Roundabout

13.  A length of highway comprising, in part, improved existing highway and, in part, new highway proposed to be constructed, all to be classified as part of the A102 and to be designated as a GLA Road (forming part of the TLRN), and to be known as Tidal Basin Roundabout, over the entire length of the circulatory carriageway of the Tidal Basin Roundabout and including a section of new carriageway through the centre island of the roundabout.

Identified by a dark blue line on the classification of roads plans (classification) and by a dark blue line on the classification of roads plans (designation).

A102 Lower Lea Crossing Eastbound

14.  A length of existing highway proposed to be improved and to be classified as part of the A102, and to be designated as a GLA Road (forming part of the TLRN), and to be known as the Lower Lea Crossing (eastbound), commencing from a point on the existing A1020 Lower Lea Crossing at the centre point of where the existing A1020 Lower Lea Crossing meets the Borough boundary, and continuing in a generally south-easterly direction to a point where it joins the new Tidal Basin Roundabout at a point 90 metres south-west of the centre point of where the existing Tidal Basin Roundabout passes under the existing A1011 Silvertown Way, and continuing in a generally south easterly direction towards the Silvertown Tunnel northern approach Southbound to a point where it joins the new Tidal Basin Roundabout at a point 95 metres south-west of the centre point of where the existing Tidal Basin Roundabout passes under the existing A1011 Silvertown Way.

Identified by a dark blue line on the classification of roads plans (classification) and by a dark blue line on the classification of roads plans (designation).

A102 Lower Lea Crossing Westbound

15.  A length of existing highway proposed to be improved and to be classified as part of the A102 and to be designated as a GLA Road (forming part of the TLRN), and to be known as the Lower Lea Crossing (westbound), commencing from a point on the existing A1020 Lower Lea Crossing at the centre point of where the existing A1020 Lower Lea Crossing meets the Borough boundary and continuing in a generally south easterly direction to a point where it joins the new Tidal Basin Roundabout at a point 105 metres south west of the centre point of where the existing Tidal Basin Roundabout passes under the existing A1011 Silvertown Way.

Identified by a dark blue line on the classification of roads plans (classification) and by a dark blue line on the classification of roads plans (designation).

In the administrative area of the London Borough of Tower Hamlets-

A102 Lower Lea Crossing (Eastbound and Westbound)

16.  A length of existing highway proposed to be classified as part of the A102 and to be designated as a GLA Road (forming part of the TLRN), and to be known as the Lower Lea Crossing (westbound and eastbound), commencing from a point on the existing A1020 Lower Lea Crossing at the centre point of where the existing A1020 Lower Lea Crossing meets the Borough boundary and continuing in a generally north westerly direction to a point where it joins the existing A1020 Leamouth Circus Roundabout at a point 35 metres north-west of the centre point of where the existing A1020 Lower Lea Crossing crosses the existing Docklands Light Railway.

Identified by a dark blue line on the classification of roads plans (classification) and by a dark blue line on the classification of roads plans (designation).

A102 Leamouth Circus Roundabout

17.  A length of existing highway proposed to be classified as part of the A102 and to be designated as a GLA Road (forming part of the TLRN), and to be known as the Leamouth Circus Roundabout, over the entire length of the circulatory carriageway of the existing A1020 Leamouth Circus Roundabout including spurs leading off the arms of the roundabout for a length terminating at the crossing point of the existing roads, in each case.

Identified by a dark blue line on the classification of roads plans (classification) and by a dark blue line on the classification of roads plans (designation).

A102 Leamouth Road (Northbound and Southbound)

18.  A length of existing highway proposed to be classified as part of the A102 and to be designated as a GLA Road (forming part of the TLRN), and to be known as the Leamouth Road (northbound and southbound), commencing from the point of its junction with the existing A1020 Leamouth Circus Roundabout, and continuing in a generally northerly direction to its junction with the existing A13 East India Dock Road, including the off-slip and the on-slip on the existing A13 East India Dock Road.

Identified by a dark blue line on the classification of roads plans (classification) and by a dark blue line on the classification of roads plans (designation).

A12 Blackwall Tunnel Northern Approach Southbound

19.  A length of existing highway proposed to be classified as part of the A12, commencing from a point where it diverges from the existing A12 Blackwall Tunnel northern approach Southbound carriageway, at the junction with the existing A13 East India Dock Road, and continuing in a generally south-easterly direction, to the existing Blackwall Tunnel North Portal on the existing A102 Blackwall Tunnel northern approach Southbound carriageway, and including the on-slip from the existing A13 East India Dock Road.

Identified by a green line on the classification of roads plans (classification).

A12 Blackwall Tunnel Northern Approach Northbound

20.  A length of existing highway proposed to be classified as part of the A12, commencing from the existing Blackwall Tunnel North Portal on the existing A102 Blackwall Tunnel northern approach Northbound carriageway and continuing in a generally northerly direction to a point where it joins the existing A12 Blackwall Tunnel northern approach Northbound carriageway, at the junction with the existing A13 East India Dock Road, and including the off-slip on the existing A13 East India Dock Road.

Identified by a green line on the classification of roads plans (classification).

In the administrative areas of the Royal Borough of Greenwich and the London Borough of Tower Hamlets-

A12 Blackwall Tunnel Southbound

21.  A length of existing highway proposed to be classified as the A12, commencing from a point at the North Portal of the existing Blackwall Tunnel Southbound, to a point at the South Portal of the existing Blackwall Tunnel Southbound, crossing the Borough boundary at the mid-point beneath the river Thames.

Identified by a green line on the classification of roads plans (classification).

A12 Blackwall Tunnel Northbound

22.  A length of existing highway proposed to be classified as the A12, commencing from a point at the South Portal of the existing Blackwall Tunnel Northbound, to a point at the North Portal of the existing Blackwall Tunnel Northbound, crossing the Borough boundary at the mid-point beneath the river Thames.

Identified by a green line on the classification of roads plans (classification).

PART 2RE-DESIGNATION OF GLA ROAD AS A LOCAL AUTHORITY (‘BOROUGH') ROAD

In the administrative area of the Royal Borough of Greenwich-

Tunnel Avenue

23.  A length of existing GLA Road (forming part of the A102 Blackwall Tunnel southern approach Northbound) proposed to be improved and to be designated as ceasing to be a GLA road, and becoming unclassified, commencing from a point close to the existing Tunnel Avenue where the existing bus link joins the existing A102 Blackwall Tunnel northern approach Northbound, 65 metres north-west of the existing Boord Street footbridge, in a generally north-westerly direction, to a point on the existing Tunnel Avenue 100 metres south-east of the existing Blackwall Tunnel Gate House located on the A102 Blackwall Tunnel northern approach Northbound.

Identified by an orange line on the classification of roads plans (designation).

Article 61

SCHEDULE 11TRAFFIC REGULATION MEASURES, ETC.

PART 1SPEED LIMITS AND RESTRICTED ROADS

Note 1: Where roads are to become restricted roads as indicated in Part 1 of this Schedule and as shown on the plans relating to this Schedule (the traffic regulation measures plans (speed limits and restricted roads)), speed limits are to apply in accordance with the provisions of the 1984 Act (which defines national speed limits of 30 miles per hour on ‘restricted roads' by reference to street lighting).

Note 2: Where existing speed limits (to be retained) are shown on the traffic regulation measures plans (speed limits and restricted roads) (sheets 1 to 4) which relate to Part 1 of this Schedule, this is for information only and such speed limits are not subject to this order.

PART 2TRAFFIC REGULATION MEASURES (CLEARWAYS AND PROHIBITIONS)

PART 3PRESCRIBED ROUTES

PART 4REVOCATIONS & VARIATIONS OF EXISTING TRAFFIC REGULATION ORDERS

PART 5VARIATIONS OF EXISTING TRAFFIC REGULATION ORDERS DUE TO ROAD RE-CLASSIFICATION

Article 62

SCHEDULE 12DEEMED MARINE LICENCE

PART 1GENERAL

Interpretation

1.  In this licence-

"the 2008 Act" means the Planning Act 2008;

"the 2009 Act" means the Marine and Coastal Access Act 2009;

"the Archaeological Written Scheme of Investigation" means the Archaeological Written Scheme of Investigation approved under paragraph 5(3)(b) of Schedule 2 (requirements) to the Order where it relates to any part of the river Thames;

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

"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(116);

"commence" means beginning to carry out any part of a licensed activity and "commenced" and "commencement" is to be construed accordingly;

"condition" means a condition in Part 2 of this licence and references in this licence to numbered conditions are to the conditions with those numbers in Part 2;

"the licence holder" means Transport for London and any transferee pursuant to article 59 of the Order;

"licensed activity" means any of the activities specified in paragraph 3 of this licence;

"the MMO" means the Marine Management Organisation;

"the Order" means the Silvertown Tunnel Order 2018(117);

"the River" means so much of the river Thames, the Thames estuary, rivers, streams, creeks, watercourses and the sea as is within the Port of London Authority's limits as described in paragraph 2 of Schedule 1 to the Port of London Act 1968; and

"Work No. 20A" means the work of that description in Schedule 1 (authorised development) to the Order.

Contacts

2.-(1) Except where otherwise indicated, the main point of contact with the MMO and the address for email and postal returns and correspondence are as follows-

(a)Marine Management Organisation, Marine Licensing Team, Lancaster House, Hampshire Court, Newcastle upon Tyne, NE4 7YH; Tel. – 0300 123 1032, Fax – 0191 376 2681, Email – marine.consents@marinemanagement.org.uk;

(b)Marine Management Organisation, MMO Lowestoft, Pakefield Road, Lowestoft, Suffolk, NR33 0HT; Tel. – 01502 573 149 or 01502 572 769, Email – lowestoft@marinemanagement.org.uk

(2) The contact details for the MMO Marine Pollution Response Team are Tel. (during office hours) – 0300 200 2024, Tel. (outside office hours) – 07770 977 825 or 0845 051 8486 and Email – dispersants@marinemanagement.org.uk, or such replacement contact details notified to the licence holder in writing by the MMO.

Details of licensed marine activities

3.-(1) Subject to the licence conditions in Part 2, this licence authorises the licence holder (and any agent, contractor or subcontractor acting on their behalf) to carry out any licensable marine activities under section 66(1) (licensable marine activities) of the 2009 Act which-

(a)form part of, or are related to, the authorised development (including any maintenance dredging activities); and

(b)are not exempt from requiring a marine licence by virtue of any provision made under section 74 (exemptions specified by order) of the 2009 Act.

(2) The grid coordinates for the area of the river Thames within which the licence holder may carry out licensed activities are specified below and more particularly shown on the works plans-

PART 2CONDITIONS APPLYING TO CONSTRUCTION ACTIVITIES

Benthic ecology monitoring and mitigation

4.-(1) The licence holder must submit a benthic ecology monitoring and mitigation plan, for approval by the MMO, prior to the commencement of the first licensed activity.

(2) The monitoring and mitigation plan submitted for approval must include-

(a)the detailed methodology and extent of pre-construction benthic ecology surveys to be carried out;

(b)the detailed methodology and extent of benthic ecology surveys to be carried out prior to the removal of any temporary structures constructed as part of Work No. 20A;

(c)the detailed methodology and extent of post-construction benthic ecology surveys to be carried out; and

(d)details of how any necessary mitigation will be identified following the carrying out of the surveys and implemented.

(3) The licence holder must not commence the first licensed activity until the MMO has approved in writing the submitted monitoring and mitigation plan.

(4) The licence holder must-

(a)not commence the first licensed activity until it has carried out the pre-construction surveys and implemented any pre-construction mitigation measures required by the monitoring and mitigation plan approved under sub-paragraph (3);

(b)not remove any temporary structures constructed as part of Work No. 20A until it has carried out the surveys and implemented any mitigation measures required by the monitoring and mitigation plan approved under sub-paragraph (3) in relation to the removal of those structures; and

(c)following completion of construction of the authorised development (including the removal of any temporary structures constructed as part of Work No. 20A), carry out the post-construction surveys and implement any post-construction mitigation measures required by the monitoring and mitigation plan approved under sub-paragraph (3), unless otherwise agreed in writing by the MMO.

Construction method statement

5.-(1) The licence holder must submit a method statement, for approval by the MMO following consultation with the Environment Agency, at least 6 weeks prior to the commencement of any licensed activity.

(2) The method statement must include the following details-

(a)the detailed construction methodology to be employed by the licence holder in carrying out the licensed activity; and

(b)a programme of works including timings and durations, method of delivery of material to site and plant to be used during the works.

(3) The licence holder must not commence the licensed activity until the MMO has approved in writing the submitted method statement.

(4) The licensed activity must be carried out in accordance with the approved method statement, unless otherwise agreed in writing by the MMO.

Marine pollution contingency plan

6.-(1) The licence holder must submit a marine pollution contingency plan, for approval by the MMO, at least 6 weeks prior to the commencement of any licensed activity.

(2) The marine pollution contingency plan must set out the licence holder's assessment of the likely risks which could arise as a result of a spill or collision during construction and operation of the authorised development and the methods and procedures the licence holder intends to put in place to address them.

(3) The MMO must consult the Environment Agency and the PLA on the marine pollution contingency plan before approving it.

(4) The licence holder must not commence the licensed activity until the MMO has approved in writing the submitted marine pollution contingency plan.

(5) The licensed activity must be carried out in accordance with the approved marine pollution contingency plan, unless otherwise agreed in writing by the MMO.

Concrete and cement

7.  The licence holder must not discharge waste concrete slurry or wash water from concrete or cement into the River. The licence holder must site concrete and cement mixing and washing areas at least 10 metres from the River or surface water drain to minimise the risk of run off entering the River.

Coatings and treatments

8.  The licence holder must ensure that any coatings and any treatments are suitable for use in the River and are used in accordance with either guidelines approved by the Health and Safety Executive or the Environment Agency.

Spills, etc.

9.  The licence holder must-

(a)store, handle, transport and use fuels, lubricants, chemicals and other substances so as to prevent releases into the marine environment, including bunding of 110% of the total volume of all reservoirs and containers;

(b)report any spill of oil, fuel or chemicals into the marine area to the MMO Marine Pollution Response Team within 12 hours of the spill occurring; and

(c)store all waste in designated areas that are isolated from surface water drains and open water and are bunded.

Percussive piling

10.  Where a licensed activity involves percussive piling the licence holder must commence piling activities using soft-start techniques for at least 20 minutes to ensure an incremental increase in pile power until full operational power is achieved. Should piling cease for at least 10 minutes the soft-start procedures must be repeated.

Archaeological written scheme of investigation

11.-(1) At the same time as the licence holder submits the first method statement to the MMO for approval under condition 5, the licence holder must supply the MMO with, for information purposes, the Archaeological Written Scheme of Investigation.

(2) At the same time as the licence holder submits any subsequent method statement to the MMO for approval under condition 5, the licence holder must supply the MMO with, for information purposes, the Archaeological Written Scheme of Investigation if it has been amended from any previous version supplied to the MMO under this paragraph.

(3) The licence holder must implement and act in accordance with the Archaeological Written Scheme of Investigation.

Removal of temporary structures, etc.

12.-(1) Subject to sub-paragraph (2), the licence holder must remove all equipment, temporary structures, waste and debris associated with the licensed activities from the River within 6 weeks of the completion of those activities, unless otherwise agreed in writing by the MMO.

(2) The licence holder must remove the temporary structures constructed under Work No. 20A as soon as reasonably practicable after the use of that work in connection with the construction of the authorised development has ceased, unless otherwise agreed in writing by the MMO.

PART 3PROCEDURE FOR THE DISCHARGE OF CONDITIONS

Meaning of "application"

13.  In this Part, "application" means a submission by the licence holder for approval of a construction method statement under condition 5 or a marine pollution contingency plan under condition 6.

Further information regarding application

14.-(1) The MMO may request in writing such further information from the licence holder as is necessary to enable the MMO to consider the application.

(2) If the MMO does not make a request under sub-paragraph (1) within 20 business days of the day immediately following that on which the application is received by the MMO, it is deemed to have sufficient information to consider the application and is not entitled to request further information after this date without the prior agreement of the licence holder.

Determination of application

15.-(1) In determining the application the MMO may have regard to-

(a)the application and any supporting information or documentation;

(b)any further information provided by the licence holder in accordance with paragraph 14; and

(c)such other matters as the MMO thinks relevant.

(2) Having considered the application the MMO must-

(a)grant the application unconditionally;

(b)grant the application subject to the conditions as the MMO thinks fit; or

(c)refuse the application.

Notice of determination

16.-(1) Subject to sub-paragraph (2) or (3), the MMO must give notice to the licence holder of the determination of the application within 30 business days of the day immediately following that on which the application is received by the MMO.

(2) Where the MMO has made a request under condition 14, the MMO must give notice to the licence holder of the determination of the application no later than 30 business days of the day immediately following that on which the further information is received by the MMO.

(3) The MMO and the licence holder may agree in writing a longer period of time for the provision by the MMO of a notice under sub-paragraph (1) such period to be no more than 60 days from the day immediately following that on which the application is received.

(4) Where the MMO refuses the application the refusal notice must state the reasons for the refusal.

(5) Where notice is not given by the MMO in accordance with sub-paragraph (1) or (2) the application is deemed to have been refused.

Arbitration

17.-(1) Subject to condition 16(2), any difference under any provision of this licence must , unless otherwise agreed between the MMO and the licence holder, be referred to and settled by a single arbitrator to be agreed between the MMO and the licence holder or, failing agreement, to be appointed on the application of either the MMO or the licence holder (after giving notice in writing to the other) by the President of the Institution of Civil Engineers.

(2) Nothing in condition 16(1) or 16(2) is to be taken, or to operate so as to, fetter or prejudice the statutory rights, powers, discretions or responsibilities of the MMO.

Article 64

SCHEDULE 13PROTECTIVE PROVISIONS

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

1.  The provisions of this Part of this Schedule have effect for the protection of statutory undertakers unless otherwise agreed in writing between TfL and the statutory undertaker in question.

2.  In this Part of this Schedule-

"alternative apparatus" means alternative apparatus adequate to enable the statutory undertaker in question to fulfil its statutory functions in a manner not less efficient than previously;

"apparatus" means-

and in each case includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

"functions" includes powers and duties;

"in", in a context referring to apparatus or alternative apparatus in land, includes a reference to apparatus or alternative apparatus under, over or upon land; and

"statutory undertaker" means-

for the area of the authorised development, and in relation to any apparatus, means the utility undertaker to whom it belongs or by whom it is maintained.

3.  This Part of this Schedule does not apply to apparatus in respect of which the relations between TfL and the statutory undertaker are regulated by Part 3 (street works in England and Wales) of the 1991 Act.

4.-(1) Regardless of the temporary stopping up, alteration or diversion of streets under the powers conferred by article 10 (temporary stopping up and restriction of use of streets), a statutory undertaker is at liberty at all times to take all necessary access across any such street and to execute and do all such works and things in, upon or under any such street as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the temporary stopping up, alteration or diversion was in that street.

(2) Where any street is stopped up under article 9 (permanent stopping up of streets and private means of access), any statutory undertaker whose apparatus is in the street has the same powers and rights in respect of that apparatus as it enjoyed immediately before the stopping up and TfL must grant to the statutory undertaker legal easements reasonably satisfactory to the statutory undertaker in respect of such apparatus and access to it, but nothing in this paragraph affects any right of TfL or of the statutory undertaker to require the removal of that apparatus under paragraph 6 or to carry out works under paragraph 8.

5.  Despite any provision in this Order or anything shown on the land plans, TfL must not acquire any apparatus otherwise than by agreement.

6.-(1) If, in the exercise of the powers conferred by this Order, TfL acquires any interest in any land in which any apparatus is placed or over which access to any apparatus is enjoyed or requires that the statutory undertaker's apparatus is relocated or diverted, that apparatus must not be removed under this Part of this Schedule, and any right of a statutory undertaker to maintain that apparatus in that land and to gain access to it must not be extinguished, until alternative apparatus has been constructed and is in operation, and access to it has been provided, to the reasonable satisfaction of the statutory undertaker in question in accordance with sub-paragraphs (2) to (8).