The London Gateway Port Harbour Empowerment Order 2008

General

1.  The following provisions of this Schedule shall have effect for the protection of the appropriate authority and those whose interests it represents.

2.—(1) In this Schedule—

“the A13 Lakeside Link” means that part of the A13 trunk road running from Junction 30 to the junction with the A126;

“the A13/Manorway junction works” means highway works to the roundabout at the junction of the A13 with The Manorway, comprising—

(a)

widening of the entry lanes from the B1007 onto the gyratory from 2 lanes to 3 lanes;

(b)

widening of the entry flare from the A13 westbound off-slip onto the gyratory;

(c)

widening the A1014 exit arm from the gyratory from 2 lanes to 3 lanes;

(d)

widening the entry arm from the A1014 onto the gyratory from 2 lanes to 4 lanes;

(e)

widening the exit arm from the gyratory onto the A1013;

(f)

widening the entry arm from the A1013 onto the gyratory from 1 lane to 2 lanes;

(g)

minor alterations to the exit arm from the gyratory to the A13 westbound on-slip; and

(h)

widening the entry arm from the A13 eastbound off-slip from 2 lanes to 3 lanes,

unless otherwise approved by the appropriate authority;

“the appropriate authority” means—

(a)

in the case of any matter falling within articles 3, 4 and 5 of the Thurrock Development Corporation (Planning Functions) Order 2005(1), the Thurrock Development Corporation established by the Thurrock Development Corporation (Area and Constitution) Order 2003(2), or any successor body;

(b)

in the case of any works relating to any road which is a trunk road, the Highways Agency acting on behalf of the Secretary of State for Transport; or

(c)

in the case of any other matter, Thurrock Borough Council acting as local planning authority under the 1990 Act, or any successor body;

“beneficial use” means the use of the authorised works to generate revenue from shipping but does not include any activities connected with the construction, marketing, security or maintenance of the authorised works;

“berth” means 350 metres of quay, associated infrastructure and equipment in the area of jurisdiction of the Harbour Authority capable of servicing a container vessel;

“diverted Footpath 190” means the new bridleway substituted for part of Footpath 190 as described in column (3) to Schedule 4;

“the final highway works” means the final works associated with Junction 30 and the A13 Lakeside Link, being—

(a)

3-lane parallel collector distributor roads either side of the A13 Lakeside Link, and associated 2-lane slip roads onto and off the A13 Lakeside Link, taking traffic to and from the A126 via Junction 30;

(b)

the extension of MOVA to the new roads constructed as part of the final highway works;

(c)

works for the improvement of traffic movement from the M25 southbound carriageway north of Junction 30 to the A13 eastbound carriageway at Junction 30, in the form of a left-turn slip road;

(d)

provision of a 2-lane signalised left-turn facility at Junction 30 from the A13 westbound carriageway to the A282 southbound carriageway;

(e)

widening of the circulatory carriageways at Junction 30 on the northern (overbridge), southern (overbridge) and western (underbridge) sections from 3 to 4 lanes;

(f)

provision of an additional 2 lanes on the A282 south approach to Junction 30 from the slip road connecting to the A282 north of Junction 31 up to Junction 30; and

(g)

additional flaring of 2 further lanes on the A13 eastbound off-slip entry to Junction 30,

together with the implementation of VMS on the A13 westbound carriageway between its junctions with the A1089 and the A1012 and associated approaches;

“first occupied” means the use of the related development to generate revenue for purposes permitted by the outline planning permission applying to the related development but does not include occupation by personnel engaged in construction, fitting out, marketing or security of any part of the related development;

“the interim highway works” means the interim works associated with Junction 30 and the A13 Lakeside Link, being—

(a)

the provision of MOVA at Junction 30;

(b)

the provision of either—

(i)

a dedicated free flow left slip at Junction 30 from the southbound M25 off-slip to the eastbound on-slip onto the A13; or

(ii)

improvements to the signalisation at Junction 30 from the southbound M25 off-slip to the eastbound on-slip onto the A13;

(c)

improvements to the 3-lane section of the A13 westbound approach to Junction 30;

(d)

the provision of a 25 metre flare on the A282 approach to Junction 30;

(e)

re-marking of the existing eastbound 2-lane approach of the A13 between the eastbound off-slip off Junction 30 up to the junction with the A126;

(f)

further improvements to the MOVA equipment referred to in sub-paragraph (a) to accommodate the works referred to in sub-paragraphs (b) to (e); and

(g)

revised signage and road markings for the A13 Lakeside Link and associated approaches;

“Junction 30” means Junction 30 on the M25 motorway;

“Junction 31” means Junction 31 on the M25 motorway;

“The Manorway” means that section of the A1014 from its junction with the A13 eastwards in the borough of Thurrock;

“materially implemented” means the carrying out of a material operation as defined in section 56(4) of the 1990 Act but excluding—

(a)

site clearance or demolition of, or within, existing buildings;

(b)

the removal, diversion or installation of any pipeline, associated structure or associated facilities, or of any jetty;

(c)

archaeological investigation and investigation for the purposes of assessing ground conditions;

(d)

the remediation of land, including remedial action in respect of ground conditions;

(e)

the diversion and laying of services;

(f)

construction of any access for construction purposes;

(g)

works to existing roads including the provision of haul roads and temporary routes;

(h)

the diversion, creation or modification of public rights of way;

(i)

the erection of any means of enclosure for site security; or

(j)

the construction and use of any facility for training purposes;

“MOVA” means Microprocessor Optimised Vehicle Actuation or such other equivalent system providing for a real time reactive computer controlled traffic management system including all associated detection and ancillary equipment and road markings;

“the new access road” means a new road running southwards from the new Sorrells roundabout to provide access to the authorised works and the related development;

“practically completed” means complete such that the works concerned can be occupied or brought into beneficial use but does not include minor snagging items;

“the Ro-Ro” means 400 metres of quay, associated infrastructure and equipment in the area of jurisdiction provided for Ro-Ro use;

“The Sorrells/A1014 junction works” means the works to the existing Sorrells roundabout on The Manorway to replace the current roundabout with a junction with The Sorrells and to construct a new Sorrells roundabout south-east of the existing roundabout providing for connections with Corringham Road, Manorway East, Manorway West and the new access road together with associated works and a Toucan crossing at the western approach to the new roundabout;

“the Thameshaven Branch Line” means the railway branch line running eastwards from its junction with the London, Tilbury and Southend railway line; and

“VMS” means variable matrix signing,

(2) References to lettered and numbered uses are references to uses and classes of development within the meaning of the Town and Country Planning (Use Classes) Order 1987(3) within the related development.