PLANNING ACT 2008 INFRASTRUCTURE PLANNING …

1 PLANNING ACT 2008 . INFRASTRUCTURE PLANNING . ( applications : prescribed FORMS AND PROCEDURE) REGULATIONS 2009. REGULATION 5(2)(b). PROPOSED PORT TERMINAL AT. FORMER TILBURY POWER STATION. TILBURY2. TR030003. VOLUME 3. Draft Development Consent Order DOCUMENT REF: STATUTORY INSTRUMENTS. 201[ ] No. INFRASTRUCTURE PLANNING . The Port of Tilbury (Expansion) Order 201[ ]. Made - - - - **. Coming into force - - **. CONTENTS. PART 1. PRELIMINARY. 1. Citation and commencement 2. Interpretation 3. Disapplication of legislation, etc. 4. Application of enactments relating to the Port of Tilbury 5. Incorporation of the 1845 Act PART 2.

2 WORKS PROVISIONS. Principal powers 6. Development consent granted by the Order 7. Limits of deviation Streets 8. Street works 9. Application of the 1991 Act 10. Construction and maintenance of new, altered or diverted streets 11. Classification of roads 12. Permanent stopping up and restriction of use of highways and private means of access 13. Temporary stopping up and restriction of use of streets 14. Access to works 15. Agreements with street authorities 16. Use of private roads for construction 17. Level crossings Supplementary powers 18. Discharge of water 19. Protective works to buildings 20.

3 Authority to survey and investigate land 21. Felling or lopping of trees and removal of hedgerows 22. Works in the river Thames: conditions PART 3. POWERS OF ACQUISITION AND POSSESSION OF LAND. Powers of acquisition 23. Compulsory acquisition of land 24. Time limit for exercise of powers to possess land temporarily or to acquire land compulsorily 25. Compulsory acquisition of rights and imposition of restrictive covenants 26. Acquisition of subsoil or airspace only 27. Private rights over land 28. Power to override easements and other rights 29. Rights over or under streets 30. Application of Part 1 of the Compulsory Purchase Act 1965.

4 31. Application of the Compulsory Purchase (Vesting Declarations) Act 1981. Temporary possession of land 32. Temporary use of land for carrying out the authorised development 33. Temporary use of land for maintaining the authorised development Supplementary 34. Statutory undertakers 35. Apparatus and rights of statutory undertakers in stopped up streets 36. Recovery of costs of new connection 37. Special category land: West Tilbury common land Compensation 38. Disregard of certain interests and improvements 39. Set-off for enhancement in value of retained land 40. No double recovery PART 4. OPERATIONAL PROVISIONS.

5 41. Operation and maintenance of the authorised development 42. Power to appropriate 43. Power to dredge 44. Power to operate and use railways 45. Byelaws relating to the extended port limits 46. Operational land for purposes of the 1990 Act 47. Application of landlord and tenant law 48. Defence to proceedings in respect of statutory nuisance PART 5. MISCELLANEOUS AND GENERAL. 49. Benefit of Order 50. Consent to transfer benefit of Order 51. Traffic regulation measures 52. Deemed marine licence 53. Protective provisions 54. Saving for Trinity House 55. Crown Rights 56. Consents, agreements and approvals 2.

6 57. Certification of documents 58. Service of notices 59. Arbitration SCHEDULES. SCHEDULE 1 AUTHORISED DEVELOPMENT. SCHEDULE 2 REQUIREMENTS. PART 1 REQUIREMENTS. PART 2 PROCEDURE FOR DISCHARGE OF REQUIREMENTS. SCHEDULE 3 CLASSIFICATION OF ROADS, ETC. SCHEDULE 4 PERMANENT STOPPING UP OF HIGHWAYS AND. PRIVATE MEANS OF ACCESS (PMAs) & PROVISION OF. NEW HIGHWAYS AND PRIVATE MEANS OF ACCESS. PART 1 HIGHWAYS TO BE STOPPED UP FOR WHICH A. SUBSTITUTE IS TO BE PROVIDED AND NEW. HIGHWAYS WHICH ARE OTHERWISE TO BE PROVIDED. PART 2 HIGHWAYS TO BE STOPPED UP FOR WHICH NO. SUBSTITUTE IS TO BE PROVIDED. PART 3 PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR.

7 WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW. PRIVATE MEANS OF ACCESS WHICH ARE OTHERWISE. TO BE PROVIDED. SCHEDULE 5 MODIFICATION OF COMPENSATION AND. COMPULSORY PURCHASE ENACTMENTS FOR. CREATION OF NEW RIGHTS. SCHEDULE 6 LAND OF WHICH ONLY TEMPORARY POSSESSION. MAY BE TAKEN. SCHEDULE 7 PORT PREMISES BYELAWS. PART 1 PRELIMINARY. PART 2 OPERATION. PART 3 PROTECTION AND CONTROL OF PORT PREMISES. PART 4 OPERATION OF VEHICLES. PART 5 BERTHING, MOORING AND ANCHORING. PART 6 NOTICE, CERTIFICATES AND MANIFESTS. PART 7 AIRSHIPS, HYDROFOIL AND AIR CUSHION CRAFT. PART 8 FIRE PREVENTION. SCHEDULE 8 TRAFFIC REGULATION MEASURES, ETC.

8 PART 1 SPEED LIMITS. PART 2 CLEARWAYS AND PROHIBITIONS. SCHEDULE 9 DEEMED MARINE LICENCE. PART 1 GENERAL. PART 2 CONDITIONS APPLYING TO CONSTRUCTION. ACTIVITIES. PART 3 CONDITIONS APPLYING TO ALL LICENSABLE. ACTIVITIES. PART 4 CONDITIONS APPLYING TO MAINTENANCE DREDGING. ACTIVITIES ONLY. PART 5 PROCEDURE FOR THE DISCHARGE OF CONDITIONS. 3. SCHEDULE 10 PROTECTIVE PROVISIONS. PART 1 FOR THE PROTECTION OF ELECTRICITY, GAS, WATER. AND SEWERAGE UNDERTAKERS. PART 2 FOR THE PROTECTION OF OPERATORS OF. ELECTRONIC COMMUNICATIONS CODE NETWORKS. PART 3 FOR THE PROTECTION OF THE PORT OF LONDON. AUTHORITY. PART 4 FOR THE PROTECTION OF THE ENVIRONMENT.

9 AGENCY. PART 5 FOR THE PROTECTION OF THURROCK COUNCIL (AS. DRAINAGE BOARD). PART 6 FOR THE PROTECTION OF RAILWAY INTERESTS. PART 7 FOR THE PROTECTION OF THURROCK COUNCIL AND. HIGHWAYS ENGLAND. PART 8 FOR THE PROTECTION OF ANGLIAN WATER. SCHEDULE 11 DOCUMENTS TO BE CERTIFIED. An application has been made to the Secretary of State, under section 37 of the PLANNING Act 2008 ((a)) ( the 2008 Act ) in accordance with the INFRASTRUCTURE PLANNING ( applications : prescribed Forms and Procedure) Regulations 2009((b)) for an Order granting development consent. The [Panel] [single appointed person], having examined the application with the documents that accompanied the application, and the representations made and not withdrawn, has, in accordance with section 83(1) of the 2008 Act, made a report and recommendation to the Secretary of State.

10 The Secretary of State, having considered the representations made and not withdrawn, and the report of the [Panel] [single appointed person], has decided to make an Order granting development consent for the development described in the application [with modifications which in the opinion of the Secretary of State do not make any substantial changes to the proposals comprised in the application]. [In relation to the compulsory acquisition of the Order land which is common land, the Secretary of State is satisfied, having considered the report and recommendation of the [Panel] [single appointed person] and in accordance with section 131(3) of the 2008 Act, that section [131(4)]].