SCHEDULES

SCHEDULE 14PROTECTIVE PROVISIONS

PART 10FOR THE PROTECTION OF PORT OF TILBURY LONDON LIMITED

Approval of specified easements

132.—(1) Before granting, imposing or acquiring any specified easement, transferring or granting the benefit of the Order pursuant to article 8(1) (consent to transfer benefit of Order) or issuing a consent under article 28(3) (compulsory acquisition of rights and imposition of restrictive covenants) in respect of any specified easement, the undertaker must supply to PoTLL details of the proposed terms of that specified easement for the approval of PoTLL, acting reasonably, and the specified easement must not be acquired, imposed or granted except in accordance with the proposed terms as have been approved in writing by PoTLL or settled pursuant to paragraph 150 (disputes) of this Part of this Schedule.

(2) The approval of PoTLL under sub-paragraph (1) must not be unreasonably withheld but may be given subject to such reasonable conditions as PoTLL may make for the protection of the Port and current and planned permitted vehicular access to it, and its ability to carry out dredging to facilitate vessel access to the Port and to facilitate the effective and cost-efficient operation and future development of the Port provided that such conditions must not, if implemented, give rise to a breach of this Order.

(3) In considering whether to grant its approval of the proposed terms of a specified easement submitted to it under sub-paragraph (1), PoTLL must have reasonable regard to—

(a)the reasonable requirements of the statutory undertaker for whose benefit the specified easement is proposed to be granted or acquired, including any relevant provisions of this Order;

(b)the intended purpose of the specified easement; and

(c)the desirability of the effective and efficient implementation of the authorised work or works to which the specified easement relates.

(4) When acquiring, imposing or granting the specified easement, transferring or granting the benefit of the Order pursuant to article 8(1) or issuing a consent under article 28(3) in respect of any specified easement, the undertaker must do so in accordance with the proposed terms approved under sub-paragraph (1) or settled pursuant to paragraph 150 of this Part of this Schedule.

(5) If, by the end of the period of 28 days beginning with the date on which the proposed terms of any specified easement have been supplied to PoTLL under sub-paragraph (1), PoTLL has not approved or intimated disapproval of those terms and the grounds of disapproval, PoTLL is deemed to have approved the proposed terms as submitted.

(6) Except for the retained provisions, the provisions of this Order do not apply to, and the powers conferred by this Order are not exercisable by the undertaker or any other person in respect of, the area 1 land.

(7) Other than as may be approved by PoTLL pursuant to the provisions of this Part of this Schedule, the undertaker must not exercise or permit the exercise of the powers conferred by this Order so as to limit PoTLL’s use, enjoyment and ability to develop, let or permit occupation of the area 1 land.

(8) The provisions of article 66 (power to override easements and other rights) of this Order do not apply to override any agreement entered into between the undertaker and PoTLL where, and to the extent that, such an agreement contains an express provision intended to exclude it from the scope of article 66.

(9) The provisions of article 29 (private rights) do not apply to the Port and any interests in or rights over land held by PoTLL unless otherwise agreed by PoTLL, acting reasonably.

(10) In this paragraph—

“the area 1 land” means the land comprised in plots 16-65, 16- 66, 17-08, 17-09, 21-32 and 21-34 as shown on the land plans and listed in the book of reference; and

“retained provisions” means sub-paragraphs (6) to (9) of this paragraph and paragraphs 149 (indemnity) and 150 of this Part of this Schedule.