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SCHEDULES

SCHEDULE 14PROTECTIVE PROVISIONS

PART 10FOR THE PROTECTION OF PORT OF TILBURY LONDON LIMITED

Interpretation

130.—(1) Where the terms defined in article 2 (interpretation) of this Order are inconsistent with sub-paragraph (2), the latter prevail.

(2) In this Part of this Schedule—

“accumulation” means any accumulation of silt or other material (including any materials used to construct the authorised development) which constitutes an impediment to navigation within and to and from the Port;

“the affected roads” means the A1089 St Andrews Road, Ferry Road, Fort Road and the unnamed link road between Fort Road and the A1089 St Andrews Road;

“plans” includes plans, sections, elevations, drawings, specifications, programmes, proposals, construction methods and descriptions;

“the Port” means—

(a)

any land (including land covered by water) for the time being owned or used by PoTLL for the purposes of its statutory undertaking, together with any quays, jetties, docks, river walls and other land or works held for or in connection with that undertaking; and

(b)

the land that was designated as a Thames Freeport Tax Site under the Designation of Freeport Tax Sites (Thames Freeport) Regulations 2021(1) but only insofar as that land is included in the area shown edged and hatched in red on the map marked “Location: Port of Tilbury; Subject: Thames Freeport – Tax Site” referenced in regulation 2(1)(c) of those Regulations;

“PoTLL” means Port of Tilbury London Limited, as statutory harbour authority for and operator of the Port;

“preliminary works” and “preliminary works EMP” have the same meaning as in paragraph 1 (interpretation) of Part 1 (requirements) of Schedule 2 to this Order;

“Required Easement Width” means any area of land comprising or forming part of an exclusion or protection zone pursuant to an easement for the benefit of a statutory undertaker and proposed to be—

(a)

granted or acquired by the undertaker;

(b)

acquired by a person or body under article 8(1), whether listed under article 8(5) or otherwise; or

(c)

granted or acquired by a statutory undertaker pursuant to a consent granted by the undertaker under article 28(3);

“specified easement” means any easement, restrictive covenant or any other form of property right, including a Required Easement Width, for the benefit of another statutory undertaker in respect of a work authorised by this Order, burdening land within the Port and proposed to be—

(a)

granted or acquired by the undertaker;

(b)

acquired by a person or body under article 8(1), whether listed under article 8(5) or otherwise; or

(c)

granted or acquired by a statutory undertaker pursuant to a consent granted by the undertaker under article 28(3);

“specified function” means any function of the undertaker under—

(a)

article 3 (development consent, etc. granted by the Order);

(b)

article 4 (maintenance of the authorised development);

(c)

article 5 (maintenance of drainage works);

(d)

article 10 (construction and maintenance of new, altered or diverted streets and other structures);

(e)

article 11 (access to works);

(f)

article 12 (temporary closure, alteration, diversion and restriction of use of streets);

(g)

article 13 (use of private roads);

(h)

article 14 (permanent stopping up of streets and private means of access);

(i)

article 17 (traffic regulation – local roads);

(j)

article 18 (powers in relation to relevant navigations or watercourses);

(k)

article 19 (discharge of water);

(l)

article 20 (protective work to land and buildings);

(m)

article 21 (authority to survey and investigate the land); and

(n)

article 23 (felling or lopping of trees and removal of hedgerows),

of this Order where exercised in respect of the land situated on, over, across or under the Port;

“specified work” means so much of the works and other matters listed at paragraphs (a) to (d) as are situated on, over, across or under the Port—

(a)

the following Work Nos. together with any preliminary works, associated development or ancillary works proposed to be carried out for the purposes of or in connection with their construction—

(i)

Work No. CA5;

(ii)

Work No. CA5A;

(iii)

Work No. MUT4;

(iv)

Work No. MUT5;

(v)

Work No. MUT7;

(vi)

Work No. MUT8;

(vii)

Work No. MUT9;

(viii)

Work No. MU27;

(ix)

Work No. MU28;

(x)

Work No. MU29;

(xi)

Work No. OH3; and

(xii)

Work No. OH4;

(b)

any activities associated with the undertaker complying with article 37(5) or any provision in Schedule 14 requiring the removal of apparatus;

(c)

any work, activity or operation associated with the authorised development authorised by the Town and Country Planning (General Permitted Development) (England) Order 2015(2) or under any planning permission given under the Town and Country Planning Act 1990(3); and

(d)

any part of the authorised development that is expected to require the inclusion of any land within the Port within the extent of a Required Easement Width; and

(e)

all traffic, rail and vessel movements associated with the works listed at paragraphs (a) to (d) which may affect the Port, access to and from the Port and premises within the Port howsoever accessed, streets within the Port, navigation within and to and from the Port, or the functions of PoTLL as the statutory harbour authority for the Port;

“Tilbury2” means that part of the Port constructed pursuant to the Port of Tilbury (Expansion) Order 2019(4); and

“vehicular access” includes but is not limited to access by road, rail, vessel and conveyor and any reference to “access” is to be construed as including vehicular access unless otherwise stated.