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. 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.

2 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. 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. 31. Application of the Compulsory Purchase (Vesting Declarations) Act 1981.

3 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. 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.

4 Traffic regulation measures 52. Deemed marine licence 53. Protective provisions 54. Saving for Trinity House 55. Crown Rights 56. Consents, agreements and approvals 2. 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. 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.

5 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. 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.

6 ELECTRONIC COMMUNICATIONS CODE NETWORKS. PART 3 FOR THE PROTECTION OF THE PORT OF LONDON. AUTHORITY. PART 4 FOR THE PROTECTION OF THE ENVIRONMENT. 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.

7 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)]]. OR [131(4A)] OR [131(4B)] OR [131(5)] applies.]. The Secretary of State, in exercise of the powers conferred by sections 114, 115 and 120 of the 2008 Act, makes the following Order . PART 1. PRELIMINARY. Citation and commencement 1. This Order may be cited as the Port of Tilbury (Expansion) Order 201[9] and comes into force on [ ] 201[9].

8 (a) 2008 Parts 1 to 7 were amended by Chapter 6 of Part 6 of the Localism Act 2011 ( ). (b) 2009/2264, amended by 2010/439, 2010/602, 2012/635, 2012/2654, 2012/2732, 2013/522 and 2013/755. 4. Interpretation 2. (1) In this Order, unless otherwise stated . the 1845 Act means the Railways Clauses Consolidation Act 1845(a);. the 1961 Act means the Land Compensation Act 1961(b);. the 1965 Act means the Compulsory Purchase Act 1965(c);. the 1968 Act means the Port of London Act 1968(d);. the 1980 Act means the Highways Act 1980(e);. the 1981 Act means the Compulsory Purchase (Vesting Declarations) Act 1981(f);. the 1984 Act means the Road Traffic Regulation Act 1984(g);. the 1990 Act means the Town and Country PLANNING Act 1990(h);. the 1991 Act means the New Roads and Street Works Act 1991(i);. the 1991 Transfer Scheme means the Port of Tilbury Transfer Scheme 1991 as confirmed by the Port of Tilbury Transfer Scheme 1991 Confirmation Order 1992(j) made under section 22.

9 Of the Ports Act 1991(k);. the 2004 Act means the Traffic Management Act 2004(l);. (a) 1845 (b) 1961 Section 2(2) was amended by section 193 of, and paragraph 5 of Schedule 33 to, the Local Government, PLANNING and Land Act 1980 ( ). There are other amendments to the 1980 Act which are not relevant to this Order. (c) 1965 Section 3 was amended by section 70 of, and paragraph 3 of Schedule 15 to, the PLANNING and Compensation Act 1991 ( ). Section 4 was amended by section 3 of, and Part 1 of Schedule 1 to, the Housing (Consequential Provisions). Act 1985 ( ). Section 5 was amended by sections 67 and 80 of, and Part 2 of Schedule 18 to, the PLANNING and Compensation Act 1991 ( ). Section 11(1) and sections 3, 31 and 32 were amended by section 34(1) of, and Schedule 4. to, the Acquisition of Land Act 1981 ( ) and by section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (2006 ). Section 12 was amended by section 56(2) of, and Part 1 to Schedule 9 to, the Courts Act 1971 ( ).

10 Section 13 was amended by section 139 of the Tribunals, Courts and Enforcement Act 2007 ( ). Section 20 was amended by section 70 of, and paragraph 14 of Schedule 15 to, the PLANNING and Compensation Act 1991 ( ). Sections 9, 25 and 29 were amended by the Statute Law (Repeals) Act 1973 ( ). Section 31 was also amended by section 70 of, and paragraph 19 of Schedule 15 to, the PLANNING and Compensation Act 1991 ( ) and by section 14 of, and paragraph 12(2) of Schedule 5 to, the Church of England (Miscellaneous Provisions). Measure 2006 (2006 ). There are other amendments to the 1965 Act which are not relevant to this Order. (d) 1968 (e) 1980 Section 1(1) was amended by section 21(2) of the New Roads and Street Works Act 1991 ( ); sections 1(2), (3) and (4) were amended by section 8 of, and paragraph (1) of Schedule 4 to, the Local Government Act 1985 ( );. section 1(2A) was inserted by, and section 1(3) was amended by, section 259 (1), (2) and (3) of the Greater London Authority Act 1999 ( ); sections 1(3A) and 1(5) were inserted by section 22(1) of, and paragraph 1 of Schedule 7 to, the Local Government (Wales) Act 1994 ( ).