SCHEDULES

SCHEDULE 14PROTECTIVE PROVISIONS

PART 10FOR THE PROTECTION OF PORT OF TILBURY LONDON LIMITED

Interaction with the Tilbury2 Order

145.—(1) Notwithstanding article 55(5) (application of local legislation, etc.), the undertaker will not undertake any work, activity or operation authorised by this Order, the Town and Country Planning Act (General Permitted Development) Order 2015 or under any planning permission granted or having effect under the Town and Country Planning Act 1990 that will or could result in a breach of the provisions, requirements, licences and other consents that form part of, are authorised by, or are ancillary to Port of Tilbury (Expansion) Order 2019 (“the 2019 Order”) until a written scheme of management has been submitted to and approved by PoTLL.

(2) The written scheme of management must set out how the undertaker will—

(a)minimise the extent of any breach;

(b)monitor the breach;

(c)rectify the breach at the earliest opportunity; and

(d)reinstate the Port so as to ensure ongoing compliance with the provision, requirement, licence or consent following rectification of the breach.

(3) Unless otherwise agreed by PoTLL, the undertaker must carry out the written scheme of management approved under sub-paragraph (1).

(4) The undertaker is to be responsible for ensuring the rectification of any breach remains effective for the period of 12 months commencing with the date the breach was rectified or, should the breach recur, the date the recurrence was itself rectified.

(5) The rectification of any breach under sub-paragraph (2)(c) and reinstatement under sub-paragraph (2)(d) must be to at least the condition of the relevant land, ecological or other feature as at the date immediately prior to the action being undertaken that but for article 55(5) constituted a breach of the 2019 Order, but may include the provision of compensatory ecological provision where rectification would not otherwise be reasonably practicable due to the construction of the authorised development.