The London Gateway Port Harbour Empowerment Order 2008

14.—(1) In circumstances where the related development is not materially implemented but the authorised works are carried out—

(a) none of the authorised works shall be brought into beneficial use until the interim highway works have been practically completed;

(b) no more than the Ro-Ro or, alternatively, 1 berth without the Ro-Ro, shall be brought into beneficial use prior to—

(i) the completion of the works referred to in paragraphs 12(a) to (d);

(ii) the completion of The Sorrells/A1014 junction works; and

(iii) the installation of a system for signalling traffic priority at the junction of the A13 with The Manorway;

(c) no more than the Ro-Ro and 2 berths or, alternatively, 3 berths without the Ro-Ro, shall brought into beneficial use prior to—

(i) the completion of the new access road as a single carriageway road together with—

(aa) a cycleway;

(bb) a footway;

(cc) provision for emergency stacking space alongside the carriageway for lorries accessing the authorised works; and

(dd) a Pegasus crossing where the new access road crosses the diverted Footpath 190;

(ii) the completion of the highway works on the A13 at its junction with the A128 including flaring and signage; and

(iii) the completion of the A13/Manorway junction works;

(d) no more than the Ro-Ro and 5 berths or, alternatively 6 berths without the Ro-Ro, shall be brought into beneficial use until the final highway works have been practically completed; and

(e) no more than the Ro-Ro and 6 berths or, alternatively 7 berths without the Ro-Ro, shall be brought into beneficial use prior to—

(i) the completion of the new access road as a dual carriageway road together with a cycleway and footway and including a Pegasus crossing where the access road crosses the diverted Footpath 190; and

(ii) the completion of re-surfacing works to provide a low noise road surface (in accordance with a scheme to be submitted to and approved by the appropriate authority) to The Manorway between the A13 junction and up to and including The Sorrells junction.

(2) Sub-paragraph (1)(d) shall apply unless the Highways Agency acting on behalf of the Secretary of State for Transport gives notice to the Harbour Authority that the final highway works need not be carried out.