The Great Yarmouth Third River Crossing Development Consent Order 2020

1. Introductory Text

2. PART 1 PRELIMINARY

   1. 1. Citation and commencement

   2. 2. Interpretation

   3. 3. Disapplication of legislation, etc.

3. PART 2 PRINCIPAL POWERS

   1. 4. Development consent granted by the Order

   2. 5. Maintenance of authorised development

   3. 6. Limits of deviation

   4. 7. Benefit of the Order

   5. 8. Consent to transfer benefit of the Order

4. PART 3 STREETS

   1. 9. Power to alter layout, etc., of streets

   2. 10. Street works

   3. 11. Application of the 1991 Act

   4. 12. Construction and maintenance of new, altered or diverted streets and other structures

   5. 13. Classification of roads

   6. 14. Permanent stopping up of streets and private means of access

   7. 15. Temporary stopping up and restriction of use of streets

   8. 16. Access to works

   9. 17. Agreements with street authorities

   10. 18. Traffic regulation measures

   11. 19. Disapplication of obligations where undertaker is the street authority

5. PART 4 SUPPLEMENTAL POWERS

   1. 20. Discharge of water

   2. 21. Protective works to buildings

   3. 22. Authority to survey and investigate land

   4. 23. Temporary suspension of navigation in connection with the authorised development

   5. 24. Removal of vessels

6. PART 5 POWERS OF ACQUISITION AND POSSESSION OF LAND

   1. Powers of Acquisition

      1. 25. Compulsory acquisition of land

      2. 26. Compulsory acquisition of land – incorporation of the mineral code

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

      4. 28. Compulsory acquisition of rights

      5. 29. Private rights over land

      6. 30. Power to override easements and other rights

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

      8. 32. Application of the 1981 Act

      9. 33. Acquisition of subsoil or airspace etc., only

      10. 34. Rights over or under streets

   2. Temporary possession of land

      1. 35. Temporary use of land for constructing the authorised development

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

   3. Supplementary

      1. 37. Statutory undertakers and utilities

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

      3. 39. Recovery of costs of new connection

   4. Compensation

      1. 40. Disregard of certain interests and improvements

      2. 41. Set off for enhancement in value of retained land

      3. 42. No double recovery

7. PART 6 OPERATIONAL PROVISIONS

   1. 43. Operation of new bridge

   2. 44. Extinguishment of right of navigation within the river Yare in connection with authorised development

   3. 45. Closing the highway comprised in the new bridge and new bridge approaches

   4. 46. Removal of vehicles

   5. 47. Removal of falling loads and objects

   6. 48. No apparatus in the new bridge or new bridge approaches without consent

   7. 49. Subsidiary works and operations in the river Yare

   8. 50. Protection against dredging

   9. 51. Byelaws

   10. 52. Fixed penalty notices

8. PART 7 MISCELLANEOUS AND GENERAL

   1. 53. Felling or lopping of trees

   2. 54. Trees subject to tree preservation order or within conservation area

   3. 55. Removal of human remains

   4. 56. Deemed marine licence

   5. 57. Application of landlord and tenant law

   6. 58. Operational land for purposes of the 1990 Act

   7. 59. Planning permission

   8. 60. Undertaker’s highway, road traffic and planning functions

   9. 61. Defence to proceedings in respect of statutory nuisance

   10. 62. Protective provisions

   11. 63. Saving for Trinity House

   12. 64. Certification of plans, etc.

   13. 65. Service of notices

   14. 66. Consents, agreements and approvals

   15. 67. Arbitration

9. Signature

10. SCHEDULES

    1. SCHEDULE 1

       AUTHORISED DEVELOPMENT

    2. SCHEDULE 2

       REQUIREMENTS

       1. PART 1 REQUIREMENTS

          1. 1. Interpretation

          2. 2. Time limits

          3. 3. Commencement of the authorised development

          4. 4. Design of the authorised development

          5. 5. Detailed design of specified structures

          6. 6. Code of construction practice

          7. 7. Landscaping and ecological management plan

          8. 8. Existing trees and hedgerows

          9. 9. Contamination

          10. 10. Emergency Preparedness and Response Plan

          11. 11. Surface water drainage

          12. 12. Lighting

          13. 13. Completion and availability of particular works

          14. 14. Archaeology

          15. 15. Preliminary navigation risk assessment

          16. 16. Signs at vessel waiting facilities

          17. 17. Amendments to approved details

          18. 18. Details of consultation

       2. PART 2 PROCEDURE FOR DISCHARGE OF REQUIREMENTS

          1. 19. Interpretation

          2. 20. Applications made under requirements

          3. 21. Further information relating to application

          4. 22. Appeals

       3. PART 3 SUPPLEMENTARY PROVISIONS

          1. 23. Publication of requirements

          2. 24. Service of documents

          3. 25. Anticipatory steps relevant to specified consent

    3. SCHEDULE 3

       STREETS SUBJECT TO PERMANENT LAYOUT AND OTHER ALTERATIONS

    4. SCHEDULE 4

       PERMANENT STOPPING UP OF STREETS AND PRIVATE MEANS OF ACCESS

       1. PART 1 STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND OTHER NEW STREETS TO BE PROVIDED

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

       3. PART 3 PRIVATE MEANS OF ACCESS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND OTHER NEW PRIVATE MEANS OF ACCESS TO BE PROVIDED

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

    5. SCHEDULE 5

       TRAFFIC REGULATION MEASURES

       1. PART 1 PROHIBITIONS AND RESTRICTIONS OF WAITING, LOADING, ETC.

       2. PART 2 DIRECTION OF TRAVEL, ENTRY, ETC.

       3. PART 3 VARIATION AND REVOCATION OF EXISTING ORDERS

    6. SCHEDULE 6

       LAND IN WHICH ONLY NEW RIGHTS MAY BE ACQUIRED

    7. SCHEDULE 7

       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 93, the...

          3. 3. (1) Without limitation on the scope of paragraph 93, 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 modifications referred to in paragraph 96(a) are as...

    8. SCHEDULE 8

       LAND IN WHICH ONLY AIRSPACE AND NEW RIGHTS MAY BE ACQUIRED

    9. SCHEDULE 9

       LAND OF WHICH ONLY TEMPORARY POSSESSION MAY BE TAKEN

    10. SCHEDULE 10

        SCHEME OF OPERATION

        1. PART 1 PRELIMINARY

           1. 1. Interpretation

        2. PART 2 OPERATIONAL PROVISIONS

           1. 2. Bridge operations

           2. 3. Opening requests

           3. 4. Opening request revisions

           4. 5. Vessels inbound

           5. 6. Vessels outbound

           6. 7. Large vessels

           7. 8. Recreational vessels

           8. 9. Emergency vessels

           9. 10. Exceptions to obligations of undertaker

    11. SCHEDULE 11

        THE GREAT YARMOUTH THIRD RIVER CROSSING BYELAWS 2020

        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 ACCESS AND TRAFFIC

           1. 5. Unauthorised access and loitering

           2. 6. Traffic regulation

        4. PART 4 GENERAL

           1. 7. Saving for authorised persons

    12. SCHEDULE 12

        TREES SUBJECT TO TREE PRESERVATION ORDERS AND WITHIN CONSERVATION AREAS

    13. SCHEDULE 13

        DEEMED MARINE LICENCE

        1. PART 1 GENERAL

           1. 1. Interpretation

           2. 2. (1) The main points of contact with the MMO and...

           3. 3. Details of licensed marine activities

        2. PART 2 CONDITIONS

           1. 4. Notification of commencement and completion of licensed activities

           2. 5. Construction method statement

           3. 6. Noise registry

           4. 7. Cofferdam dewatering and excavation method statement

           5. 8. Vessels

           6. 9. Marine pollution contingency plan

           7. 10. Piling techniques

           8. 11. Concrete and cement

           9. 12. Coatings and treatments

           10. 13. Spills, etc.

           11. 14. Dropped objects

           12. 15. Post construction

        3. PART 3 PROCEDURE FOR THE DISCHARGE OF CONDITIONS

           1. 16. Meaning of “return”

           2. 17. Further information regarding application

           3. 18. Determination of application

           4. 19. Notice of determination

           5. 20. No subsidiary dredging under the Order

           6. 21. Anticipatory steps towards the discharge of any condition

    14. SCHEDULE 14

        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 carrying...

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

           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 conferred by article 37 (statutory...

           3. 14. (1) Subject to sub-paragraph (2), if as the result of...

           4. 15. The operator must give the undertaker reasonable notice of any...

           5. 16. This Part of this Schedule does not apply to—

        3. PART 3 FOR THE PROTECTION OF ANGLIAN WATER

           1. 17. For the protection of Anglian Water, the provisions of this...

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

           3. 19. The undertaker must not interfere with, build over or near...

           4. 20. The alteration, extension, removal or re-location of any apparatus must...

           5. 21. In the situation, where in exercise of the powers conferred...

           6. 22. Regardless of any provision in this Order or anything shown...

           7. 23. If in consequence of the exercise of the powers conferred...

           8. 24. If in consequence of the exercise of the powers conferred...

           9. 25. If for any reason or in consequence of the construction...

           10. 26. Nothing in paragraph 25 above imposes any liability on the...

           11. 27. Any difference or dispute arising between the undertaker and Anglian...

        4. PART 4 FOR THE PROTECTION OF THE ENVIRONMENT AGENCY

           1. 28. (1) The following provisions of this Part of this Schedule...

           2. 29. (1) Before beginning to construct any specified work, the undertaker...

           3. 30. Without limiting paragraph 29, the requirements which the Agency may...

           4. 31. Subject to sub-paragraph (2), any specified work, and all protective...

           5. 32. (1) Subject to sub-paragraph (5) the undertaker must from the...

           6. 33. Subject to paragraphs 32(5) and 36, if by reason of...

           7. 34. If by reason of construction of the specified work the...

           8. 35. (1) The undertaker must take all such measures as may...

           9. 36. (1) The undertaker must indemnify the Agency in respect of...

           10. 37. (1) The undertaker is responsible for and must indemnify the...

           11. 38. Any dispute arising between the undertaker and the Agency under...

        5. PART 5 FOR THE PROTECTION OF THE WAVENEY, LOWER YARE AND LOTHINGLAND INTERNAL DRAINAGE BOARD

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

           2. 40. In this Part of this Schedule— “the Board” means the...

           3. 41. (1) The undertaker must notify the Board of the intended...

           4. 42. The undertaker must permit any officer of the Board to...

           5. 43. In constructing and operating the outfall pipe, the undertaker must...

           6. 44. If a specified work requires a relevant water course to...

           7. 45. Where the undertaker culverts a relevant watercourse in carrying out...

           8. 46. (1) Where any damage is caused by the undertaker to...

           9. 47. (1) The undertaker must at its expense maintain all elements...

           10. 48. Any agreement or approval under this Part of this Schedule...

           11. 49. (1) Save as provided by sub-paragraph (2) or other provision...

           12. 50. Any difference or dispute arising between the undertaker and the...

        6. PART 6 FOR THE PROTECTION OF THE GREAT YARMOUTH PORT AUTHORITY

           1. 51. For the protection of the GYPA the following provisions of...

           2. 52. In this Part of this Schedule the following definitions apply—...

           3. 53. (1) Subject to sub-paragraph (2), nothing in this Order authorises...

           4. 54. The undertaker must not commence the operation of any element...

           5. 55. Any navigation simulations required to be carried out by the...

           6. 56. The undertaker shall give the GYPA not less than 6...

           7. 57. (1) The undertaker must comply with any special direction given...

           8. 58. Any specified work must, when commenced be constructed—

           9. 59. (1) The undertaker must not in the course of constructing...

           10. 60. Where reasonably required to do so by the engineer or...

           11. 61. (1) Prior to commencement of the works, a baseline hydrographic...

           12. 62. (1) In the event that the further surveys or assessment...

           13. 63. (1) The undertaker must at all reasonable times on being...

           14. 64. The undertaker must provide and maintain at its own expense...

           15. 65. (1) The undertaker must, upon completion of any part of...

           16. 66. (1) The undertaker must, before placing any temporary structure or...

           17. 67. If at any time after the completion of a specified...

           18. 68. Within 3 months of completion of the specified works and...

           19. 69. The undertaker must keep such elements of the specified works...

           20. 70. The undertaker must, so far as practicable, keep the new...

           21. 71. The undertaker must publish and maintain in a prominent position...

           22. 72. Before providing any illumination or illuminated traffic sign on or...

           23. 73. The undertaker is responsible for the development, implementation and ongoing...

           24. 74. Any reasonable and proper additional expenses not otherwise provided for...

           25. 75. (1) Subject to the provisions of this paragraph, the undertaker...

           26. 76. Except as provided by this Order, nothing in this Order...

    15. SCHEDULE 15

        DOCUMENTS TO BE CERTIFIED

11. Explanatory Note