The Great Yarmouth Third River Crossing Development Consent Order 2020

2020 No. 1075

Infrastructure Planning

The Great Yarmouth Third River Crossing Development Consent Order 2020

Made 24th September 2020

Coming into force 15th October 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 single appointed person (appointed by the Secretary of State) in accordance with Chapter 4 of Part 6 of the 2008 Act and the Infrastructure Planning (Examination Procedure) Rules 20103.

The single appointed person, having considered the representations made and not withdrawn and the application together with the accompanying documents, in accordance with section 83(1) of the 2008 Act, has submitted a report and recommendation to the Secretary of State.

The Secretary of State, having considered the representations made and not withdrawn, and the report of the single appointed person, has decided to make an Order granting development consent for the development described in the application with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 1144, 1155, 1176, 1207, 1228, 1239and 149A10of, 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 511to the 2008 Act, makes the following Order—

1 PRELIMINARY

PART 1

PRELIMINARY

Citation and commencement
S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Great Yarmouth Third River Crossing Development Consent Order 2020 and comes into force on 15th October 2020.

Interpretation
S-2 Interpretation

Interpretation

2.—(1) In this Order except where provided otherwise—

“the 1961 Act” means the Land Compensation Act 196112;

“the 1965 Act” means the Compulsory Purchase Act 196513;

“the 1980 Act” means the Highways Act 198014;

“the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 198115;

“the 1984 Act” means the Road Traffic Regulation Act 198416;

the 1990 Act” means the Town and Country Planning Act 199017;

“the 1991 Act” means the New Roads and Street Works Act 199118;

“the 2004 Act” means the Traffic Management Act 200419;

“the 2008 Act” means the Planning Act 200820;

“the 2009 Act” means the Marine and Coastal Access Act 200921;

“the 2016 Regulations and Directions” means the Traffic Signs Regulations and General Directions 201622;

“address” includes any number or address for the purposes of electronic transmission;

“apparatus” has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act;

“the approach to detailed design” means the document of that description referenced in Schedule 15 (documents to be certified) certified by the Secretary of State as the approach to detailed design for the purposes of this Order;

“the authorised development” means, subject to the provisions of this Order, the development described in Schedule 1 (authorised development) and any other development authorised by this Order;

“authorised 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, a person authorised for the purposes of section 44 (powers of fire-fighters etc in an emergency etc) of the Fire and Rescue Services Act 200423or a person accredited by or under section 41 (accreditation under community safety accreditation schemes) of the Police Reform Act 200224, acting in the execution of that person’s duties;

“the book of reference” means the document of that description referenced in Schedule 15 (documents to be certified) certified by the Secretary of State as the book of reference for the purposes of this Order;

“Borough of Great Yarmouth” means the administrative area of Great Yarmouth Borough Council;

“bridleway” has the same meaning as in section 329(1) (further provision as to interpretation) of the 1980 Act;

“building” includes any structure or erection or any part of a building, structure or erection;

“carriageway” has the same meaning as in section 329(1) of the 1980 Act;

“the classification of roads plan” means the plan of that description referenced in Schedule 15 (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)25(time when development begun) of the 1990 Act) forming part of the authorised development other than operations, for the purposes of archaeological or ecological investigations, investigations of the existing condition of the ground or of structures, erection of any temporary means of enclosure, and the temporary display of site notices or advertisements, and “commencement” is to be construed accordingly;

“conservation area” means an area for the time being designated under section 69 (designation of conservation areas) of the Planning (Listed Buildings and Conservation Areas) Act 199026;

“construction” includes execution, erection, carrying out, placing, altering, replacing, relaying and removal and “construct” is to be construed accordingly;

“cycle track” has the same meaning as in section 329(1)27of the 1980 Act;

“electronic transmission” means a communication transmitted—

(a) by means of an electronic communications network; or

(b) by other means but while in electronic form;

“electronic communications network” has the same meaning as in section 32(1) (meaning of electronic communications networks and services) of the Communications Act 200328;

“the engineering plans, drawings and sections” means the plans, drawings and sections of that description referenced in Schedule 15 (documents to be certified) certified by the Secretary of State as the engineering plans, drawings and sections for the purposes of this Order;

“the environmental statement” means the documents of that description referenced in Schedule 15 (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 it has in the Environmental Permitting (England and Wales) Regulations 201629;

“footpath” and “footway” have the same meaning as they have in section 329(1) of the 1980 Act;

“the general arrangement plans” means the plans of that description referenced in Schedule 15 (documents to be certified) certified by the Secretary of State as the general arrangement plans for the purposes of this Order;

“the GYPA” means the Great Yarmouth Port Authority and includes any person or body authorised by the Authority to act on its behalf for the purposes of this Order;

“Great Yarmouth Port” means the port over which the GYPA has jurisdiction as delineated on the harbour limits plan;

“the harbour limits plan” means the plan of that description referenced in Schedule 15 (documents to be certified) certified by the Secretary of State as the harbour limits plan for the purposes of this Order;

“the harbour master” means any person appointed as the harbour master by the GYPA under section 51 (appointment of harbour, dock or pier master) of the Harbours, Docks and Piers Clauses Act 184730and includes that person’s authorised deputies and assistants;

“highway”, “highway authority” and “local highway authority” have the same meaning as in the 1980 Act;

“the land plans” means the plans of that description referenced in Schedule 15 (documents to be certified) certified by the Secretary of State as the land plans for the purposes of this Order;

“limits of deviation” means the limits of deviation referred to in article 6 (limits of deviation);

“the limits of dredging plan” means the plan of that description referenced in Schedule 15 (documents to be certified) certified by the Secretary of State as the limits of dredging plan for the purposes of this Order;

“maintain” includes, to the extent which would not give rise to any materially new or materially different environmental effects from those assessed in the environmental statement, inspect, repair, adjust, alter, remove, replace or reconstruct in relation to any part of the authorised development and any derivative of “maintain” is to be construed accordingly;

“master”, in relation to any vessel, means the person having the command, charge or management of the vessel for the time being;

“MMO” means the Marine Management Organisation;

“motor vehicle” has the same meaning as in section 185 of the Road Traffic Act 198831;

“the new bridge” means Work No. 8B together with the vessel impact protection systems and supporting works comprised in Work Nos. 6A and 6B;

“the new bridge area” means the new bridge, the new bridge approaches, the new bridge control tower, the new bridge plant room, the new bridge infrastructure and the public realm areas;

“the new bridge approaches” means the western and eastern approaches to the new bridge (respectively “the new bridge western approach” and “the new bridge eastern approach”), the centre lines of which, together with the centre line of the new bridge, are shown on the new bridge area plan;

“the new bridge area plan” means the plan of that description referenced in Schedule 15 (documents to be certified) certified by the Secretary of State as the new bridge area plan for the purposes of this Order;

“the new bridge control tower” means Work No. 7A;

“the new bridge...

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