The Lake Lothing (Lowestoft) Third Crossing Order 2020
| Year | 2020 |
2020 No. 474
Infrastructure Planning
The Lake Lothing (Lowestoft) Third Crossing Order 2020
Made 30th April 2020
Coming into force 21th May 2020
An application has been made to the Secretary of State, under section 37 of the Planning Act 20081(“the 2008 Act”) in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 20092for an Order granting development consent.
The application was examined by a Panel of two members (“the Panel”) pursuant to Chapter 3 of Part 6 of the 2008 Act and carried out in accordance with Chapter 4 of Part 6 of the 2008 Act, and the Infrastructure Planning (Examination Procedure) Rules 20103.
The Panel, having examined the application with the documents that accompanied the application, and the representations made and not withdrawn, has, in accordance with section 74(2)4of the 2008 Act, made a report and recommendation to the Secretary of State.
The Secretary of State has considered the report and recommendation of the Panel and the representations made and not withdrawn.
The Secretary of State, having decided the application, 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.
The Secretary of State, in exercise of the powers conferred by sections 1145, 1156, 1207, 122, 123 and 149A of, and paragraphs 1 to 4, 10 to 17, 19 to 23, 26, 30A, 30B, 32, 32A, 32B, 33, 34, 36 and 37 of Part 1 of Schedule 5 to, the 2008 Act, makes the following Order—
PART 1
PRELIMINARY
Citation and commencement
1. This Order may be cited as the Lake Lothing (Lowestoft) Third Crossing Order 2020 and comes into force on 21st May 2020.
Interpretation
2.—(1) In this Order, unless otherwise stated—
“the 1961 Act” means the Land Compensation Act 19618;
“the 1965 Act” means the Compulsory Purchase Act 19659;
“the 1980 Act” means the Highways Act 198010;
“the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 198111;
“the 1984 Act” means the Road Traffic Regulation Act 198412;
“the 1990 Act” means the Town and Country Planning Act 199013;
“the 1991 Act” means the New Roads and Street Works Act 199114;
“the 2004 Act” means the Traffic Management Act 200415;
“the 2008 Act” means the Planning Act 200816;
“the 2009 Act” means the Marine and Coastal Access Act 200917;
“AB Ports” means Associated British Ports, (company number ZC000195), whose registered office address is 25 Bedford Street, London WC2E 9ES;
“address” includes any number or address for the purposes of electronic transmission;
“apparatus” has the same meaning as in Part 3 of the 1991 Act;
“appointed person” means—
(a) a person acting in the course of that person’s duties who—
(i) is an employee, agent, contractor or sub-contractor of the undertaker; or
(ii) is authorised by the undertaker to exercise one or more of its functions under this Order; or
(b) a constable, Police Community Support Officer, an officer of the Driver and Vehicle Standards Agency, an officer of the Health and Safety Executive, person authorised for the purposes of section 44 (powers of fire-fighters etc in an emergency etc) of the Fire and Rescue Services Act 200418or a person accredited by or under section 41 (accreditation under community safety accreditation schemes) of the Police Reform Act 200219, acting in the execution of that person’s duties within the new bridge area;
“authorised development” means the development described in Schedule 1 (authorised development) and any other development within the meaning of section 32 of the 2008 Act that is authorised by this Order;
“book of reference” means the document of that description as referenced in Schedule 14 (documents to be certified) certified by the Secretary of State as the book of reference for the purposes of this Order;
“building” includes any structure or erection or any part of a building, structure or erection;
“business day” means a day other than a Saturday or Sunday, Good Friday, Christmas Day or a bank holiday in England and Wales under section 1 of the Banking and Financial Dealings Act20;
“Cadent” means Cadent Gas Limited (company number 10080864), whose registered office is at Ashbrook Court, Prologis Park, Central Boulevard, Coventry, CV7 8PE, or any successor in title or assign including a successor to their licence as a gas transporter within the meaning of Part 1 of the Gas Act 198621;
“capital dredge” means a dredge which comprises the excavation of the seabed, in an area or down to a level (relative to ordnance datum) not previously dredged during the preceding 10 years;
“carriageway” has the same meaning as in the 1980 Act;
“classification of roads plan” means the plans of that description as referenced in Schedule 14 (documents to be certified) certified by the Secretary of State as the classification of roads plan for the purposes of this Order;
“commence” means beginning to carry out any material operation (as defined in section 56(4)22(time when development begun) of the 1990 Act) forming part of the authorised development other than operations consisting of environmental surveys and monitoring, investigations for the purpose of assessing ground conditions, remedial work in respect of any contamination or other adverse ground conditions; receipt and erection of construction plant and equipment, erection of any temporary means of enclosure, the temporary display of site notices or advertisements, and “commencement” is to be construed accordingly;
“construct” includes carrying out, placing, altering, replacing, relaying and removal and “construction” is to be construed accordingly;
“cycleway” means a way constituting or comprised in a highway, being a way over which the public have the following, but no other, rights of way: a right of way on pedal cycles (other than pedal cycles which are motor vehicles within the meaning of the Road Traffic Act 198823) with a right of way on foot and a right of way on horseback or leading a horse;
“electronic transmission” means a communication transmitted—
(a) by means of an electronic communications network; or
(b) by other means but in an electronic form;
“engineering section drawings and plans” means the documents of that description as referenced in Schedule 14 (documents to be certified) certified by the Secretary of State as the engineering section drawings and plans for the purposes of this Order;
“environmental statement” means the documents of that description as referenced in Schedule 14 (documents to be certified) certified by the Secretary of State as the environmental statement for the purposes of this Order;
“flood risk activity” has the same meaning as in the Environmental Permitting (England and Wales) Regulations 201624;
“footpath” and “footway” have the same meaning as in the 1980 Act;
“general arrangement plans” means the plans of that description as referenced in Schedule 14 (documents to be certified) certified by the Secretary of State as the general arrangement plans for the purposes of this Order;
“harbour authority” means AB Ports in its role as the owner and operator of, and the statutory harbour authority for, Lowestoft Harbour as established by section 8 of, and paragraph 2 of Schedule 3 (powers of Associated British Ports) to the Transport Act 198125;
“harbour limits plan” means the plan of that description as referenced in Schedule 14 (documents to be certified) certified by the Secretary of State as the harbour limits plan for the purposes of this Order;
“harbour master” means the harbour master appointed by the harbour authority and includes that person’s authorised deputies and assistants;
“highway” and “highway authority” have the same meaning as in the 1980 Act;
“interim design guidance manual” means the document of that description as referenced in Schedule 14 (documents to be certified) certified by the Secretary of State as the interim design guidance manual for the purposes of this Order and which sets out the principles for the detailed design of the authorised development;
“Lake Lothing” means the navigable saltwater lake within the town of Lowestoft in the area of East Suffolk Council between the North Sea and Oulton Broad, as identified by reference points 652111E, 292801N, 655207E, 292615;
“land plans” means the plans of that description as referenced in Schedule 14 (documents to be certified) certified by the Secretary of State as the land plans for the purposes of this Order;
“level of high water” means the level of mean high water springs;
“limits of deviation” means the limits of deviation referred to in article 5 (limits of deviation);
“limits of dredging” means the lines marked “limits of dredging” on the limits of dredging plan;
“limits of dredging plan” means the plan of that description as referenced in Schedule 14 (documents to be certified) certified by the Secretary of State as the limits of dredging plan for the purposes of this Order;
“local highway authority” means Suffolk County Council in its role as highway authority for the county of Suffolk pursuant to the 1980 Act;
“local planning authority” means East Suffolk Council, or any successor to it as planning authority;
“Lowestoft Harbour” means the harbour over which the harbour authority has jurisdiction as is delineated on the harbour limits plan together with any quays, docks or other land held in connection with that harbour;
“maintain” includes inspect, repair, adjust, alter, remove, replace, or reconstruct in relation to the authorised development and any derivative of “maintain” is to be construed accordingly;
“maintenance dredge” means any activity which comprises the removal of recently-accumulated sediments such as mud, sand and gravel in order...
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