The Thurrock Flexible Generation Plant Development Consent Order 2022

Interaction with the Lower Thames Crossing E+W+S

6.—(1) The undertaker must use reasonable endeavours to avoid any conflict arising between the carrying out, maintenance and operation of the authorised development and the Lower Thames Crossing. For the purposes of this sub-paragraph—

(a) “conflict” does not include any overlap in the land to be occupied or developed by the undertaker and the Lower Thames Crossing or any overlap in the Order Limits and application of compulsory powers under this Order and any order granted for the Lower Thames Crossing, or any difference between anything required by a requirement of any order granted after the date of the making of this Order for the construction and operation of the Lower Thames Crossing and the provisions of this Order;

(b) “reasonable endeavours” means—

(i) undertaking consultation with Highways England on detailed design and programming of works for the authorised development so that the plans as submitted for approval under the requirements do not unreasonably impede or interfere with the construction of the Lower Thames Crossing;

(ii) having regard to the anticipated programme of works for the Lower Thames Crossing and any reasonable requirements of Highways England as regards any works to be undertaken on Work no. 4 within the area where the Lower Thames Crossing main highway is to be constructed;

(iii) providing a point of contact for continuing liaison and co-ordination throughout the construction and operation of the authorised development; and

(iv) complying with sub-paragraph (2) below,

and may include seeking approval of an amendment of any document or plan approved under a requirement for any Work where construction of that Work has not been commenced by the undertaker, but does not include the undertaker being required to seek any amendment to or variation of this Order or delay programme critical works once the authorised development has commenced.

(2) The undertaker must co-operate with Highways England so as to reasonably ensure—

(a) the co-ordination of construction programming, land assembly, and the carrying out of works in connection with the authorised development and the Lower Thames Crossing;

(b) that, notwithstanding any provision of this Order and subject to reasonable notice being provided by Highways England, access to the Order land including secure working areas for the purposes of constructing the Lower Thames Crossing is not removed, prevented or prohibited by the undertaker for Highways England and its agents and/or contractors, including at—

(i) Station Road which is in the vicinity of plot 03/05 of the Land Plans;

(ii) Substation Road which is in the vicinity of plots 01/27, 01/28, 01/29, 04/01, 04/03, 04/05 and 04/06 of the Land Plans;

(iii) Walton Common; and

(iv) Tilbury Green common land and Footpath 200.

(3) Without limitation to the generality of sub-paragraphs (1) and (2)—

(a) Work no. 4 must, unless otherwise agreed with Highways England, be constructed so that jointing blocks are installed at locations which are reasonably convenient to enable a diversion which does not conflict with the Lower Thames Crossing; and

(b) the undertaker must not discharge water or any other samples or materials to the Bowaters sluice (in the vicinity of plot 01/24 of the Land Plans) unless otherwise agreed with Highways England.

(4) The undertaker must as soon as is reasonably practicable provide Highways England with—

(a) as built drawings in connection with Works nos. 2, 4, 6, 7, 12(a) and 12(d) following the completion of those works; and

(b) in relation to Walton Common—

(i) a copy of the application for certification under article 33(1);

(ii) confirmation that the local planning authority has certified or has refused to certify the application referred to in sub-paragraph (i);

(iii) a copy of the application to amend the register of common land made under article 33(3);

(iv) confirmation that the register of common land has been amended following an application referred to in sub-paragraph (iii); or

(v) details of any application made to deregister that common land and any determination of such an application under the Commons Act 2006.

(5) In this paragraph “Lower Thames Crossing” means the project which comprises a new road connecting Kent, Thurrock and Essex through a tunnel beneath the river Thames as well as improvements to the M25, A2 and A13, which is being promoted by Highways England and is proposed to be consented under section 22 of the 2008 Act.

Commencement Information

I1 Sch. 8 Pt. 8 para. 6 in force at 10.3.2022, see art. 1