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The Silvertown Tunnel Order 2018

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  1. Introductory Text

  2. PART 1

    1. 1.Citation and commencement

    2. 2.Interpretation

  3. PART 2

    1. Principal powers

      1. 3.Disapplication of legislation, etc.

      2. 4.Development consent granted by the Order

      3. 5.Limits of deviation

    2. Streets

      1. 6.Street works

      2. 7.Application of the 1991 Act

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

      4. 9.Permanent stopping up of streets and private means of access

      5. 10.Temporary stopping up and restriction of use of streets

      6. 11.Access to works

      7. 12.Agreements with street authorities

      8. 13.Use of private roads for construction

    3. Supplemental powers

      1. 14.Discharge of water

      2. 15.Protective works to buildings

      3. 16.Authority to survey and investigate land

      4. 17.Work in the river Thames: conditions

      5. 18.Felling or lopping of trees

  4. PART 3

    1. Powers of acquisition

      1. 19.Compulsory acquisition of land

      2. 20.Compulsory acquisition of land – incorporation of the minerals code

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

      4. 22.Compulsory acquisition of rights

      5. 23.Private rights over land

      6. 24.Power to override easements and other rights

      7. 25.Modification of Part 1 of the 1965 Act

      8. 26.Application of the 1981 Act

      9. 27.Acquisition of subsoil, etc., only

      10. 28.Rights over or under streets

    2. Temporary possession of land

      1. 29.Temporary use of land for carrying out the authorised development

      2. 30.Temporary use of land for maintaining the authorised development

    3. Supplementary

      1. 31.Statutory undertakers

      2. 32.Apparatus and rights of statutory undertakers in stopped up streets

      3. 33.Recovery of costs of new connection

      4. 34.Special category land

      5. 35.Disposals by the Greater London Authority

    4. Compensation

      1. 36.Disregard of certain interests and improvements

      2. 37.Set-off for enhancement in value of retained land

      3. 38.No double recovery

  5. PART 4

    1. 39.Application of Part 4

    2. 40.Maintenance of the authorised development

    3. 41.Local legislation relating to the Blackwall Tunnel

    4. 42.Power to operate and use the tunnels

    5. 43.Closing the tunnels

    6. 44.Removal of motor vehicles

    7. 45.Removal of other obstructions

    8. 46.Dangerous goods

    9. 47.No apparatus in the Silvertown Tunnel area without consent

    10. 48.Byelaws relating to the Silvertown Tunnel area and the Blackwall Tunnel area

    11. 49.Fixed penalty notices

    12. 50.Classification of roads, etc.

    13. 51.Operational land for purposes of the 1990 Act

    14. 52.Restrictions on other works in the river Thames

  6. PART 5

    1. 53.The charging policy

    2. 54.Power to charge for use of the tunnels

    3. 55.Payment and recovery of charges and penalty charges

    4. 56.Penalty charges, examination of motor vehicles, etc.

    5. 57.Application by TfL of charges levied

  7. PART 6

    1. 58.Benefit of Order

    2. 59.Transfer of benefit of Order, etc.

    3. 60.Application of landlord and tenant law

    4. 61.Traffic regulation measures

    5. 62.Deemed marine licence

    6. 63.Defence to proceedings in respect of statutory nuisance

    7. 64.Protective provisions

    8. 65.Certification of documents

    9. 66.Silvertown Tunnel Implementation Group

    10. 67.Service of notices

    11. 68.Arbitration

    12. 69.Consents, agreements and approvals

  8. Signature

  9. SCHEDULES

    1. SCHEDULE 1

      AUTHORISED DEVELOPMENT

    2. SCHEDULE 2

      REQUIREMENTS

      1. PART 1 REQUIREMENTS

        1. 1.Interpretation

        2. 2.Time limit for commencement of the authorised development

        3. 3.Design principles and design review panel

        4. 4.Detailed design of above ground buildings and structures

        5. 5.Code of construction practice and related plans and strategies

        6. 6.Landscaping scheme

        7. 7.Monitoring and mitigation strategy

        8. 8.Surface water drainage details

        9. 9.External lighting details

        10. 10.Signage strategy

        11. 11.Flood risk assessment

        12. 12.Operational noise mitigation measures

        13. 13.Siebert Road and Westcombe Hill area noise barriers

        14. 14.Cross-river bus services

        15. 15.Cross-river cycle/pedestrian facilities

        16. 16.Biodiversity action plan and mitigation strategy

        17. 17.Contaminated land

        18. 18.Hazardous substances – East Greenwich Gasholder site

        19. 19.Hazardous substances – Brenntag Chemicals site

        20. 20.Re-use of excavated material on-site

        21. 21.Local business transitional support

      2. PART 2 PROCEDURE FOR DISCHARGE OF REQUIREMENTS

        1. 22.Interpretation

        2. 23.Applications made under requirements

        3. 24.Further information regarding requirements

        4. 25.Appeals

    3. SCHEDULE 3

      PERMANENT STOPPING UP OF HIGHWAYS AND PRIVATE MEANS OF ACCESS

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

      2. PART 2 HIGHWAYS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

      3. PART 3 PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW PRIVATE MEANS OF ACCESS WHICH ARE OTHERWISE TO BE PROVIDED

      4. PART 4 PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

    4. SCHEDULE 4

      LAND IN WHICH ONLY NEW RIGHTS MAY BE ACQUIRED

    5. SCHEDULE 5

      MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

      1. Compensation enactments

        1. 1.The enactments for the time being in force with respect...

        2. 2.(1) Without limitation on the scope of paragraph 1, the...

        3. 3.(1) Without limitation on the scope of paragraph 1, the...

      2. Application of Part 1 of the 1965 Act

        1. 4.Part 1 (compulsory purchase under Acquisition of Land Act 1946)...

        2. 5.(1) The modification referred to in paragraph 4(a) are as...

    6. SCHEDULE 6

      LAND IN WHICH ONLY SUBSOIL OR NEW RIGHTS ABOVE SUBSOIL AND SURFACE MAY BE ACQUIRED

    7. SCHEDULE 7

      LAND OF WHICH ONLY TEMPORARY POSSESSION MAY BE TAKEN

    8. SCHEDULE 8

      REMOVAL OF MOTOR VEHICLES AND RECOVERY OF PENALTY CHARGES

      1. PART 1 PRELIMINARY

        1. 1.(1) In this Schedule— “adjudicator” means a person specified in...

      2. PART 2 REPRESENTATIONS AND APPEALS IN RELATION TO THE REMOVAL OF MOTOR VEHICLES

        1. 2.Persons to whom Part 2 applies

        2. 3.Right to make representations

        3. 4.Right to appeal to an adjudicator

      3. PART 3 RECOVERY OF PENALTY CHARGES

        1. 5.Penalty charge notices

        2. 6.Representations against penalty charge notice

        3. 7.Cancellation of penalty charge notice

        4. 8.Rejection of representations against penalty charge notice

        5. 9.Adjudication by an adjudicator

        6. 10.Charge certificates

        7. 11.Enforcement of charge certificate

        8. 12.Invalid notices

        9. 13.Enforcement by execution

        10. 14.Any amount which is payable under an adjudication must, if...

        11. 15.Service by post

        12. 16.Procedure

    9. SCHEDULE 9

      BLACKWALL AND SILVERTOWN TUNNELS BYELAWS

      1. PART 1 PRELIMINARY

        1. 1.Citation and commencement

        2. 2.Interpretation

      2. PART 2 CONDUCT AND BEHAVIOUR

        1. 3.Smoking etc.

        2. 4.Unacceptable behaviour

      3. PART 3 EQUIPMENT AND SAFETY

        1. 5.General safety

      4. PART 4 ACCESS AND TRAFFIC

        1. 6.Unauthorised access and loitering

        2. 7.Traffic regulation

        3. 8.Dangerous goods

      5. PART 5 ENFORCEMENT, ETC.

        1. 9.Name and address

        2. 10.Compliance with instructions and notices, etc.

        3. 11.Identification of authorised persons

        4. 12.Breaches by authorised persons

        5. 13.Attempted breach

    10. SCHEDULE 10

      CLASSIFICATION OF ROADS, ETC.

      1. PART 1 GLA

        1. 1.A12 Blackwall Tunnel Southern Approach Southbound

        2. 2.A12 Blackwall Tunnel Southern Approach Northbound

        3. 3.A12 Crossover between Blackwall Tunnel Southern Approach Northbound and Southbound Carriageways

        4. 4.Pavilion Lane (Realigned) (to Millennium Way)

        5. 5.Pavilion Lane (Realigned) (from Millennium Way)

        6. 6.A102 Silvertown Tunnel Southern Approach Northbound

        7. 7.A102 Silvertown Tunnel Southern Approach Southbound

        8. 8.A102 The Silvertown Tunnel Northbound

        9. 9.A102 The Silvertown Tunnel Southbound

        10. 10.A102 The Silvertown Tunnel Northern Approach Northbound

        11. 11.A102 The Silvertown Tunnel Northern Approach Southbound

        12. 12.A102 Silvertown Way Off-Slip (Dedicated Left Turn)

        13. 13.A102 Tidal Basin Roundabout

        14. 14.A102 Lower Lea Crossing Eastbound

        15. 15.A102 Lower Lea Crossing Westbound

        16. 16.A102 Lower Lea Crossing (Eastbound and Westbound)

        17. 17.A102 Leamouth Circus Roundabout

        18. 18.A102 Leamouth Road (Northbound and Southbound)

        19. 19.A12 Blackwall Tunnel Northern Approach Southbound

        20. 20.A12 Blackwall Tunnel Northern Approach Northbound

        21. 21.A12 Blackwall Tunnel Southbound

        22. 22.A12 Blackwall Tunnel Northbound

      2. PART 2 RE-DESIGNATION OF GLA ROAD AS A LOCAL AUTHORITY (‘BOROUGH’) ROAD

        1. 23.Tunnel Avenue

    11. SCHEDULE 11

      TRAFFIC REGULATION MEASURES, ETC.

      1. PART 1 SPEED LIMITS AND RESTRICTED ROADS

      2. PART 2 TRAFFIC REGULATION MEASURES (CLEARWAYS AND PROHIBITIONS)

      3. PART 3 PRESCRIBED ROUTES

      4. PART 4 REVOCATIONS & VARIATIONS OF EXISTING TRAFFIC REGULATION ORDERS

      5. PART 5 VARIATIONS OF EXISTING TRAFFIC REGULATION ORDERS DUE TO ROAD RE-CLASSIFICATION

    12. SCHEDULE 12

      DEEMED MARINE LICENCE

      1. PART 1 GENERAL

        1. 1.Interpretation

        2. 2.Contacts

        3. 3.Details of licensed marine activities

      2. PART 2 CONDITIONS APPLYING TO CONSTRUCTION ACTIVITIES

        1. 4.Benthic ecology monitoring and mitigation

        2. 5.Construction method statement

        3. 6.Marine pollution contingency plan

        4. 7.Concrete and cement

        5. 8.Coatings and treatments

        6. 9.Spills, etc.

        7. 10.Percussive piling

        8. 11.Archaeological written scheme of investigation

        9. 12.Removal of temporary structures, etc.

      3. PART 3 PROCEDURE FOR THE DISCHARGE OF CONDITIONS

        1. 13.Meaning of “application”

        2. 14.Further information regarding application

        3. 15.Determination of application

        4. 16.Notice of determination

        5. 17.Arbitration

    13. SCHEDULE 13

      PROTECTIVE PROVISIONS

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

        1. 1.The provisions of this Part of this Schedule have effect...

        2. 2.In this Part of this Schedule— “alternative apparatus” means alternative...

        3. 3.This Part of this Schedule does not apply to apparatus...

        4. 4.(1) Regardless of the temporary stopping up, alteration or diversion...

        5. 5.Despite any provision in this Order or anything shown on...

        6. 6.(1) If, in the exercise of the powers conferred by...

        7. 7.(1) Where, in accordance with the provisions of this Part...

        8. 8.(1) Not less than 28 days before starting the execution...

        9. 9.(1) Subject to the following provisions of this paragraph, TfL...

        10. 10.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        11. 11.If in consequence of the exercise of the powers conferred...

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

        1. 12.(1) For the protection of any operator, the following provisions...

        2. 13.The exercise of the powers of article 31 (statutory undertakers)...

        3. 14.(1) Subject to sub-paragraphs (2) to (4), if as the...

        4. 15.This Part of this Schedule does not apply to—

      3. PART 3 FOR THE PROTECTION OF NATIONAL GRID

        1. 16.Application

        2. 17.Interpretation

        3. 18.This Part of this Schedule does not apply to apparatus...

        4. 19.Apparatus of National Grid in stopped up streets

        5. 20.Acquisition of land

        6. 21.Removal of apparatus

        7. 22.Facilities and rights for alternative apparatus

        8. 23.Retained apparatus: protection of National Grid as Gas Undertaker

        9. 24.Retained apparatus: protection of National Grid as Electricity Undertaker

        10. 25.Protective works to buildings

        11. 26.Expenses

        12. 27.Indemnity

        13. 28.Enactments and agreements

        14. 29.Co-operation

        15. 30.Access

        16. 31.Arbitration

      4. PART 4 FOR THE PROTECTION OF THE PORT OF LONDON AUTHORITY

        1. 32.The provisions of this Part of this Schedule have effect...

        2. 33.Definitions

        3. 34.Approval of detailed design

        4. 35.Design of the tunnelling works

        5. 36.As built drawings

        6. 37.Discharges, etc.

        7. 38.TfL must not, in exercise of the powers conferred by...

        8. 39.Navigational lights, buoys, etc.

        9. 40.Directions as to lights

        10. 41.Removal, etc. of the PLA’s moorings and buoys

        11. 42.Removal of temporary works

        12. 43.Protective action

        13. 44.Abandoned or decayed works

        14. 45.Facilities for navigation

        15. 46.Survey of riverbed

        16. 47.Statutory functions

        17. 48.Indemnity

        18. 49.Compensation for temporary works

        19. 50.Apparatus in the Silvertown Tunnel area

        20. 51.Disposals, etc.

        21. 52.Disputes

      5. PART 5 FOR THE PROTECTION OF THE ENVIRONMENT AGENCY

        1. 53.The following provisions apply for the protection of the Environment...

        2. 54.Definitions

        3. 55.Structural integrity of flood defences

        4. 56.Specified works

        5. 57.Approvals

        6. 58.Inspection and construction

        7. 59.Maintenance of the flood defences

        8. 60.Emergency powers

        9. 61.Protection for fish and fisheries

        10. 62.Indemnities and costs

        11. 63.Notices

        12. 64.Dispute resolution

      6. PART 6 FOR THE PROTECTION OF THE LONDON BOROUGH OF NEWHAM AND THE ROYAL BOROUGH OF GREENWICH

        1. 65.The following provisions of this Part of this Schedule have...

        2. 66.In this Part of this Schedule— “the appropriate Council” means—...

        3. 67.Without affecting the application of sections 59 and 60 of...

        4. 68.If, within 56 days after any plans have been submitted...

        5. 69.In the event of any disapproval of plans by the...

        6. 70.So much of the authorised development as forms part of...

        7. 71.TfL must not, except with the consent of the appropriate...

        8. 72.Except in an emergency or where reasonably necessary to secure...

        9. 73.TfL must, if reasonably so required by the appropriate Council,...

        10. 74.TfL must indemnify the appropriate Council against any claim which...

        11. 75.Wherever in this Part of this Schedule provision is made...

        12. 76.Unless otherwise agreed between the parties any difference arising between...

    14. SCHEDULE 14

      DOCUMENTS TO BE CERTIFIED

  10. Explanatory Note

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