PART 2PRINCIPAL POWERS

Development consent, etc. granted by the Order

article 3 + 3.—(1) Subject to the provisions of this Order including the requirements in Schedule 2 (requirements), the undertaker is granted development consent for the authorised development to be carried out and operated.

(2) Without limitation to paragraph (1), the undertaker is authorised to carry out the works specified in columns (2) and (3) of Part 2 of Schedule 1 (scheduled monuments) in relation to the scheduled monuments specified in column (1) of that Schedule.

(3) Subject to paragraph (4), any enactment applying to land within, adjoining or sharing a common boundary with the Order limits has effect subject to the provisions of this Order.

(4) Except as provided for in article 53 (disapplication of legislative provisions, etc.) and article 55 (application of local legislation, etc.), paragraph (3) does not apply to the 1968 Act, the Port of Tilbury Transfer Scheme 1991, the Port of Tilbury Transfer Scheme 1991 Confirmation Order 1992 and the Port of Tilbury (Expansion) Order 2019 or any byelaws, general directions or specific directions having effect, made or given under those enactments.

Maintenance of authorised development

article 4 + 4.  The undertaker may at any time maintain the authorised development, except to the extent that this Order, or an agreement made under this Order, provides otherwise.

Maintenance of drainage works

article 5 + 5.—(1) Subject to the provisions of Schedule 14 (protective provisions), nothing in this Order, or the construction, maintenance or operation of the authorised development under it, affects any responsibility for the maintenance of any works connected with the drainage of land, whether that responsibility is imposed or allocated by or under any enactment, or otherwise, unless otherwise agreed in writing between the undertaker and the person responsible.

term drainage + (2) In this article “drainage” has the same meaning as in section 72 (interpretation)(1) of the Land Drainage Act 1991.

Limits of deviation

article 6 + 6.—(1) In carrying out the authorised development the undertaker may—

article 6 1 a + (a)subject to sub-paragraph (b) and (c), deviate laterally from the lines or situations of the authorised development shown on the works plans to the extent of the limits of deviation shown on those plans;

article 6 1 b + (b)construct the tunnel portal structures, approach ramps, tunnel service buildings and ground protection tunnel (comprised in Works Nos. 3A, 3C, 4A, 5A, and 4B), within the limits shown on the tunnel limits of deviation plans; and

article 6 1 c + (c)construct the tunnel within the lateral limits of deviation shown on the tunnel limits of deviation plans.

(2) In carrying out the authorised development the undertaker may—

article 6 2 a + (a)subject to sub-paragraphs (b) to (p), deviate vertically from the levels of the authorised development shown on the engineering drawings and sections to a maximum of 0.5 metre upwards or 1 metre downwards;

article 6 2 b + (b)in respect of Works Nos. OSC4(a) and OSC5(a), deviate vertically from the levels shown on the engineering drawings and sections to a maximum of 2 metre upwards or 2 metre downwards;

article 6 2 c + (c)in respect of Works Nos. OSC4(b) and OSC5(b) deviate vertically from the levels shown on the engineering drawings and sections to a maximum of 5 metre upwards or 5 metre downwards;

article 6 2 d + (d)in respect of Works Nos. G1b, G3 and G4 deviate—

article 6 2 d i + (i)vertically upwards to a limit of not less than 1.2 metres below the surface of the ground; and

article 6 2 d ii + (ii)vertically downwards to such extent as may be found necessary or convenient to a maximum depth of 25 metres below the surface of the ground;

article 6 2 e + (e)in respect of Works Nos. G1a, G2, G5, G6, G6b, G7, G10 and TFGP1 deviate—

article 6 2 e i + (i)vertically upwards to a limit of not less than 1.2 metres below the surface of the ground; and

article 6 2 e ii + (ii)vertically downwards to such extent as may be found necessary or convenient to a maximum depth of 15 metres below the surface of the ground;

article 6 2 f + (f)in respect of Works Nos. OH1, OH3 to OH8 deviate vertically—

article 6 2 f i + (i)to any extent not exceeding 6 meters upwards from the design height shown on the engineering drawings and sections; and

article 6 2 f ii + (ii)to any extent downwards as may be found to be necessary or convenient;

article 6 2 g + (g)in respect of Works Nos. OHT1 to OHT8 deviate vertically—

article 6 2 g i + (i)to any extent not exceeding the height described in Schedule 1; and

article 6 2 g ii + (ii)to any extent downwards as may be found to be necessary or convenient;

article 6 2 h + (h)in respect of the underground multi-utility works comprised in Works Nos. MU1 to MU92, deviate vertically—

article 6 2 h i + (i)upwards to a limit of not less than 0.25 metres below the surface of the ground; and

article 6 2 h ii + (ii)downwards to such extent as may be found necessary or convenient;

article 6 2 i + (i)in respect of the underground multi-utility works comprised in Work Nos. MUT1 to MUT4, MUT6 to MUT32 deviate vertically—

article 6 2 i i + (i)upwards to a limit of not less than 0.25 metres below the surface of the ground; and

article 6 2 i ii + (ii)downwards to such extent as may be found necessary or convenient;

article 6 2 j + (j)construct the above ground substations comprised in Works Nos. MU1, MU11, MU13, MU14, MU33, MU36, MU41, MU48, MU49, MU52, MU43, and MU45 (annotated as SS1 to SS15) up to a maximum height of 3 metres;

article 6 2 k + (k)construct the above ground compound comprised in Work No. MU21 up to a maximum height of 6.7 metres;

article 6 2 l + (l)construct the above ground poles comprised in Works Nos. MU87 and MU92 up to a maximum height of 12m;

article 6 2 m + (m)construct the above ground substation comprised in Work No. MUT5 up to a maximum height of 8 metres;

article 6 2 n + (n)construct Work No. G6a up to a maximum height of 2.9 metres;

article 6 2 o + (o)subject to paragraph 99(1) of Schedule 14 (protective provisions) of this Order, construct the tunnel with the vertical downward limits of deviation shown on the tunnel limits of deviation plans; and

article 6 2 p + (p)subject to paragraph 99(1) of Schedule 14 (protective provisions) of this Order, construct the tunnel with the vertical upward limits of deviation shown on the tunnel limits of deviation plans.

(3) The maximum limits of deviation set out in paragraph (1) and (2)(a) to (o) do not apply where it is demonstrated by the undertaker to the Secretary of State’s satisfaction and the Secretary of State, following consultation by the undertaker—

article 6 3 a + (a)with the relevant planning authority on matters related to their functions; and

article 6 3 b + (b)in respect of the authorised development comprising highways other than a special road or a trunk road, consultation by the undertaker with the relevant local highway authority on matters relevant to their functions,

certifies accordingly that a deviation in excess of these limits would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

(4) Part 2 (procedure for discharge of requirements) of Schedule 2 (requirements) applies to an application to the Secretary of State for certification under paragraph (3) as though it were an approval required by a requirement under that Schedule.

Benefit of Order

article 7 + 7.—(1) Subject to paragraph (2) and article 8 (consent to transfer benefit of Order), the provisions of this Order conferring powers on the undertaker have effect solely for the benefit of the undertaker.

(2) Paragraph (1) does not apply to the works for which consent is granted by this Order for the express benefit of owners and occupiers of land, statutory undertakers and other persons affected by the authorised development.

Consent to transfer benefit of Order

article 8 + 8.—(1) Subject to paragraph (4), the undertaker may with the written consent of the Secretary of State—

article 8 1 a + (a)term the transferee + transfer to another person (“the transferee”) any or all of the benefit of the provisions of this Order and such related statutory rights as may be agreed between the undertaker and the transferee; or

article 8 1 b + (b)term the lessee + grant to another person (“the lessee”) for a period agreed between the undertaker and the lessee any or all of the benefit of the provisions of this Order and such related statutory rights as may be so agreed.

(2) Where an agreement has been made in accordance with paragraph (1) references in this Order to the undertaker, except in paragraph (3), includes references to the transferee or the lessee.

(3) The exercise by a person of any benefits or rights conferred in accordance with any transfer or grant under paragraph (1) is subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by the undertaker and, for those purposes, references to National Highways Limited in any document certified by the Secretary of State for the purposes of this Order are to be construed as references to a transferee or lessee under paragraph (1) in the appropriate contexts to ensure such restrictions, liabilities and obligations apply.

(4) The consent of the Secretary of State is not required under this article where the transfer or grant of any or all of the benefits of the provisions and such related statutory rights as may be agreed (excluding any liability to pay compensation in respect of the acquisition of land or rights which remains with the undertaker) is made to the following bodies in respect of works relating to their undertaking—

article 8 4 a + (a)Anglian Water Services Limited (company number 02366656, whose office is at Lancaster House Lancaster Way, Ermine Business Park, Huntingdon, Cambridgeshire, United Kingdom, PE29 6XU) in respect of Works Nos. MU27, MU30, MU32, MU34, MU36, MU38, MU40, MU42, MU43, MU44, MU47, MU51, MU55, MU56, MU57, MU58, MU60, MU66, MU69, MU79, MU83, MUT8, MUT9, MUT12, MUT18, MUT20, MUT21, MUT22, MUT23, MUT27, MUT28, MUT29, or MUT32;

article 8 4 b + (b)Cadent Gas Limited (company number 10080864, whose registered office is at Pilot Way, Ansty, Coventry, England, CV7 9JU) (or a related subsidiary company) in respect of Works Nos. G5, G6, G6a, G6b, G7, G10, MU35, MU40, MU42, MU43, MU44, MU47, MU51, MU55, MU60, MU61, MU62, MU64, MU66, MU69, MU71, MU76, MU79, MU88, MU89, MU90, MU91, MUT11, MUT30, ULH01, ULH02, ULH05, ULH06, or ULH10;

article 8 4 c + (c)Essex and Suffolk Water Limited (company number 02635436, whose registered office is at Northumbria House, Abbey Road, Pity Me, Durham, DH1 5FJ) in respect of Works Nos. MU27, MU29, MU35, MU36, MU37, MU40, MU42, MU43, MU44, MU46, MU47, MU51, MU55, MU60, MU66, MU69, MU72, MU76, MU77, MU79, MU91, MUT6, MUT9, MUT15, MUT17, MUT20, MUT21, MUT22, MUT23, MUT24, MUT27, MUT29, MUT30, MUT31, or MUT32;

article 8 4 d + (d)HS1 Limited (company number 03539665, whose registered office is at 5th Floor, Kings Place, 90 York Way, London, England, N1 9AG) in respect of Works Nos. 2E, MU3, MU5, MU6, MU8, MU9; OH1, or OHT1;

article 8 4 e + (e)National Grid Electricity Transmission Plc (company number 02366977, whose registered office is at 1-3 Strand, London, WC2N 5EH) in respect of Works Nos. OH1, OH4, OH6, OH7, OHT1, OHT2, OHT4, OHT5, OHT6, OHT7, OHT8, ULH04, ULH07, ULH08, ULH09, ULH11, ULH12, or ULH15;

article 8 4 f + (f)National Gas Transmission Plc (company number 02006000, whose registered office is at National Grid House, Warwick Technology Park, Gallows Hill, Warwick, CV34 6DA) in respect of Works Nos. G2, G3, G4, ULH13, or ULH14;

article 8 4 g + (g)Network Rail Infrastructure Limited (company number 02904587, whose registered office is at Waterloo General Office, London, United Kingdom, SE1 8SW) in respect of Works Nos. 4B,5C, 9D, 9E, 9M, MU28, MU29, MU72, MU73, MU75, MU76, MUT6, MUT8, OH4, or OHT2;

article 8 4 h + (h)Southern Gas Networks Plc (company number 05167021, whose registered office is at St Lawrence House, Station Approach, Horley, Surrey, RH6 9HJ) in respect of Works Nos. G1a, G1b, MU5, MU16, MU20, MU22, MU23, or ULH16;

article 8 4 i + (i)Southern Water Limited (company number 02366620, whose registered office is at Southern House, Yeoman Road, Worthing, West Sussex, BN13 3NX) in respect of Works Nos. MU2, MU4, MU5, MU8, MU9, MU10, MU12, MU16, MU18, MU20, MU22, MU23, MU24, MU26, MUT1, or MUT3;

article 8 4 j + (j)Thames Water Limited (company number 02366623, whose registered office is at Clearwater Court, Vastern Road, Reading, Berkshire, RG1 8DB) in respect of Works Nos. MU76, MUT30, or MUT31;

article 8 4 k + (k)UK Power Networks Holdings Limited (company number 7290590, whose registered office is at Newington House, 237 Southwark Bridge Road, London, SE1 6NP) in respect of Works Nos. OH2, OH3, OH5, OH8, OHT3, MU1, MU5, MU6, MU7, MU9, MU10, MU11, MU12, MU13, MU14, MU15, MU16, MU17, MU18, MU19, MU20, MU21, MU22, MU25, MU27, MU28, MU30, MU31, MU33, MU35, MU36, MU39, MU40, MU41, MU42, MU43, MU44, MU45, MU47, MU48, MU49, MU50, MU51, MU52, MU53, MU55, MU56, MU57, MU58, MU59, MU60, MU62, MU63, MU65, MU66, MU67, MU68, MU69, MU70, MU73, MU74, MU75, MU76, MU77, MU78, MU80, MU81, MU82, MU84, MU85, MU86, MU87, MU91, MU92, MUT1, MUT2, MUT3, MUT4, MUT5, MUT7, MUT10, MUT13, MUT14, MUT16, MUT19, MUT20, MUT21, MUT25, MUT26, MUT29, MUT30, MUT31, or MUT32;

article 8 4 l + (l)Airwave Solutions Limited (company number 03985643, whose registered office is at Nova South, 160 Victoria Street, London, United Kingdom, SW1E 5LB) in respect of Work No. MU10;

article 8 4 m + (m)British Telecommunications Plc (company number 01800000, whose registered office is at 1 Braham Street, London, United Kingdom, E1 8EE) in respect of Works Nos. MU1, MU3, MU5, MU7, MU9, MU10, MU12, MU16, MU18, MU20, MU22, MU23, MU27, MU30, MU35, MU36, MU39, MU40, MU42, MU43, MU44, MU45, MU46, MU47, MU51, MU52, MU53, MU55, MU56, MU57, MU58, MU60, MU62, MU63, MU66, MU68, MU76, MU80, MU82, MU85, MU88, MU89, MU90, MU91, MUT1, MUT19, or MUT30;

article 8 4 n + (n)Openreach Limited (company number 10690039, whose registered office is at Kelvin House, 123 Judd Street, London, WC1H 9NP) in respect of Works Nos. MU1, MU3, MU5, MU7, MU9, MU10, MU12, MU16, MU18, MU20, MU22, MU23, MU27, MU30, MU35, MU36, MU39, MU40, MU42, MU43, MU44, MU45, MU46, MU47, MU51, MU52, MU53, MU55, MU56, MU57, MU58, MU60, MU62, MU63, MU66, MU68, MU76, MU80, MU82, MU85, MU88, MU89, MU90, MU91, MUT1, MUT3, MUT9, MUT15, MUT17, MUT19, MUT20, MUT21, MUT22, MUT27, MUT29, MUT30, MUT31, or MUT32;

article 8 4 o + (o)Virgin Media Limited (company number 02591237, whose registered office is at 500 Brook Drive, Reading, United Kingdom, RG2 6UU) in respect of Works Nos. MU9, MU12, MU16, MU18, MU20, MU22, MU23, MU27, MU35, MU36, MU39, MU40, MU42, MU43, MU44, MU47, MU51, MU52, MU60, MU66, MU68, MUT1, or MUT4;

article 8 4 p + (p)Vodafone Limited (company number 01471587, whose registered office is at Vodafone House, The Connection, Newbury, Berkshire, RG14 2FN) in respect of MU9, MU12, MU16, MU18, MU20, MU22, MU23, MU27, MU35, MU36, MU39, MU40, MU42, MU43, MU44, MU47, MU51, MU52, MU60, MU66, MU68, MU80, MU85, MU88, MU89, MU90, MU91, or MUT1;

article 8 4 q + (q)Lumen Technologies UK Limited (company number 02495998, whose registered office is at 260-266 Goswell Road, London, England, EC1V 7EB) in respect of MU39, MU40, MU47, MU54, MU60, or MUT20;

article 8 4 r + (r)Cellnex UK Limited (company number 05153745, whose registered office is at R+, 4th Floor, 2 Blagrave Street, Reading, United Kingdom, RG1 1AZ) in respect of MU10, MU27, MU39, MU40, or MU87;

article 8 4 s + (s)Verizon UK Limited (company number 02776038, whose registered office is at Reading International Business Park, Basingstoke Road, Reading, Berkshire, RG2 6DA) in respect of Works Nos. MU39, MU40, MU47, MU54, MU60, or MUT20;

article 8 4 t + (t)Zayo Group UK Limited (company number 03726666, whose registered office is at 100 New Bridge Street, London, England, EC4V 6JA) in respect of MU47, MU51, MU52, MU54, MU60, or MUT20;

article 8 4 u + (u)GTT – EMEA Ltd (company number 03580993, whose registered office is at 3rd Floor New Castle House, Castle Boulevard, Nottingham, United Kingdom, NG7 1FT) in respect of Works Nos. MU39, MU40, MU42, MU47, MU54, MU60, MU85, or MUT20;

article 8 4 v + (v)EUNetworks Fiber UK Limited (company number 04840874, whose registered office is at 5 Churchill Place, London, England, E14 5HU) in respect of Work No. MU80;

article 8 4 w + (w)NextGenAccess Ltd (company number 08689426, whose registered office is at 6600 Cinnabar Court, Daresbury Park, Daresbury, Warrington, England, WA4 4GE) in respect of Works Nos. MU40, MU42, MU43, MU44, MU45, MU46, MU47, MU51, MU52, MU53, MU55, MU56, MU57, MU58, MU60, or MUT20;

article 8 4 x + (x)Port of Tilbury London Limited (company number 02876001, whose registered office is at Leslie Ford House, Tilbury, Essex, RM18 7EH) in respect of Works Nos. MU27, MU28, MUT4, or MUT5; and

article 8 4 y + (y)Thurrock Flexible Generation Limited (company number 10917470, whose registered office is at 1st Floor, 145 Kensington Church Street, London, England, W8 7LP) in respect of Work No. TFGP1.

(5) Without limitation on paragraph (4), the consent of the Secretary of State under this article is not required where the powers of article 28(1) (compulsory acquisition of rights and imposition of restrictive covenants) are, with the consent of the undertaker given under article 28(3), proposed to be exercised by a statutory undertaker rather than by the undertaker.

term associated company + (6) References to a registered company named in paragraph (4) are to include any associated company carrying out the same undertaking, and for the purpose of this article “associated company” means any company which is—

article 8 6 a + (a)the holding company or a subsidiary of a company named in paragraph (4); or

article 8 6 b + (b)another subsidiary of the holding company of a company named in paragraph (4),

within the meaning of section 1159 of the Companies Act 2006(2).

(7) The Secretary of State must consult the MMO before giving consent under paragraph (1) to the transfer or grant to another person of the benefit of the provisions of the deemed marine licence.

(8) References to Works Nos. in paragraph (4) are to be construed so as to include the ancillary works (as set out in Schedule 1 to this Order).