The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014
PART 1PRELIMINARY
1Citation and Commencement
2Interpretation
PART 2WORKS PROVISIONS
Principal powers
3Development consent etc. granted by the Order
4Authorisation of use
5Maintenance of authorised project
6Limits of Deviation
7Defence to proceedings in respect of statutory nuisance
Benefit of order
8Benefit of Order
9Transfer of benefit of Order
Streets and traffic regulations
10Street works
11Power to alter layout, etc., of streets
12Construction and maintenance of altered streets
13Stopping up of streets
14Public rights of way and permissive paths
15Temporary stopping up
16Access to works
17Agreements with street authorities
18Traffic regulation
Supplemental powers
19Discharge of water
20Protective works to buildings and structures
21Remedial works to buildings, or apparatus or equipment
22 Authority to survey and investigate the land
23Removal of human remains
24Cemex
25Felling or lopping of trees
26Trees subject to tree preservation orders
27Trees in conservation areas
PART 3ACQUISITION AND POSSESSION OF LAND
Powers of acquisition
28Compulsory acquisition of land
29Compulsory acquisition of rights
30Acquisition of subsoil only
31Acquisition of land limited to subsoil lying more than 9 metres beneath surface
32Power to override easements and other rights
33Statutory authority to override easements and other rights
34Application of the Compulsory Purchase (Vesting Declarations) Act 1981
Temporary possession of land
35Temporary use of land for carrying out the authorised project
36Temporary use of land for maintaining authorised project
Compensation
37Disregard of certain interests and improvements
38Set-off for enhancement in value of retained land
39No double recovery
40Compulsory acquisition of land – incorporation of the mineral code
Supplementary
41Acquisition of part of certain properties
42Statutory undertakers
43Apparatus and rights of statutory undertakers in stopped-up streets
44Recovery of costs of new connections
45Time limit for exercise of authority to acquire land compulsorily
46Private rights of way
47Public rights of navigation
48Rights under or over streets and city walkways
PART 4MISCELLANEOUS AND GENERAL
49Application of landlord and tenant law
50Deemed marine licence
51Miscellaneous provisions relating to the 1990 Act
52Safeguarding
53Provisions for protection of specified undertakers
54Discharge of requirements etc.
55Removal of consent requirements
56Application, disapplication and modification of legislative provisions
57Amendment of local legislation
58Application of pipe subways legislation
59Other legislation in the City of London
60Unilateral undertaking – Project-wide matters
61Certification of plans etc
62Meaning of Secretary of State
63Arbitration
SCHEDULES
SCHEDULE 1AUTHORISED PROJECT
PART 1AUTHORISED DEVELOPMENT
PART 2ANCILLARY WORKS
SCHEDULE 2PLANS
PART 1WORKS PLANS
PART 2LAND PLANS
PART 3ACCESS PLANS
PART 4APPROVED PLANS
SCHEDULE 3REQUIREMENTS
1Interpretation
2Project-wide requirements
3Acton Storm Tanks
4Hammersmith Pumping Station
5Barn Elms
6Putney Embankment Foreshore
7Carnwath Road Riverside
8Dormay Street
9King George’s Park
10Falconbrook Pumping Station
11Cremorne Wharf Depot
12Chelsea Embankment Foreshore
13Kirtling Street
14Heathwall Pumping Station
15Albert Embankment Foreshore
16Victoria Embankment Foreshore
17Blackfriars Bridge Foreshore
18Shad Thames Pumping Station
19Chambers Wharf
20Earl Pumping Station
21Deptford Church Street
22Greenwich Pumping Station
23King Edward Memorial Park Foreshore
24Bekesbourne Street
25Abbey Mills Pumping Station
26Beckton Sewage Treatment Works
SCHEDULE 4STREETS SUBJECT TO STREET WORKS
SCHEDULE 5STREETS SUBJECT TO ALTERATION OF LAYOUT
SCHEDULE 6STREETS TO BE STOPPED UP
SCHEDULE 7PUBLIC RIGHTS OF WAY AND PERMISSIVE PATHS TO BE EXTINGUISHED
SCHEDULE 8STREETS AND RIGHTS OF WAY ETC. TO BE TEMPORARILY STOPPED UP
SCHEDULE 9ACCESS TO WORKS
SCHEDULE 10TRAFFIC REGULATION
PART 1TEMPORARY
PART 2PERMANENT
SCHEDULE 11PROTECTIVE WORKS
SCHEDULE 12PUBLIC RIGHTS OF NAVIGATION TO BE AFFECTED BY THE AUTHORISED PROJECT
SCHEDULE 13LAND OF WHICH ONLY SUBSOIL MORE THAN 9 METRES BENEATH THE SURFACE MAY BE ACQUIRED
SCHEDULE 14LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
SCHEDULE 15DEEMED MARINE LICENCE
PART 1GENERAL
1Interpretation
2Contacts
3Details of Licensed Marine Activities
PART 2CONDITIONS APPLYING TO CONSTRUCTION ACTIVITIES
NOTIFICATIONS AND INSPECTIONS
4Notice of Transfer of Benefit
5Notification of person responsible for the carrying out of licensed activity
6The licence holder shall inform the MMO in writing of...
7Prior Approval of Licensed Activities
8Scour and Accretion Monitoring and Mitigation
9Construction Environment Management Plan
10Concrete and Cement
11Coatings and Treatments
12Spills etc.
13Percussive Piling
14Agents, Contractors and Sub-Contractors
15Vessels
16Notice of Completion of Licensed Activity
17Changes to this Licence
PART 3PROCEDURE FOR THE DISCHARGE OF CONDITIONS
18Meaning of “application”
19Further information regarding application
20Determination of application
21Notice of Determination
22Arbitration
SCHEDULE 16PROVISIONS FOR PROTECTION OF SPECIFIED UNDERTAKERS
PART 1ELECTRICITY AND GAS UNDERTAKERS
SECTION 1National Grid electricity and gas
1Application
2Interpretation
3Except for paragraphs 4 (Apparatus of undertakers in stopped up...
4Apparatus of Undertakers in stopped up streets
5Protective works to buildings
6Acquisition of land
7Removal of apparatus
8Approval of plans for Alternative Apparatus
9Facilities and rights for alternative apparatus
10Retained apparatus: protection Gas Undertakers
11Retained apparatus: Protection: Electricity Undertakers
12Expenses
13Indemnity
14Ground subsidence monitoring scheme in respect of Undertaker’s apparatus
15Enactments and agreements
16Co-operation
17Access
18Arbitration
SECTION 2
London Power Networks plc
1Application
2Interpretation
3This part of this Schedule does not apply to apparatus...
4Temporarily stopped up streets
5Protective works to buildings
6Acquisition of land
7Removal of apparatus
8Facilities and rights for alternative apparatus
9Retained apparatus— protection
10Expenses
11Compensation
12Enactments and agreements
13Co-operation
14Access
15Arbitration
SECTION 3Other electricity undertakers
1Application
2Interpretation
3This part of this Schedule does not apply to apparatus...
4Temporarily stopped up streets
5Protective works to buildings
6Removal of apparatus
7Facilities and rights for alternative apparatus
8Retained apparatus— protection
9Expenses
10Enactments and agreements
11Co-operation
12Access
13Arbitration
SECTION 4
Other gas undertakers
1Application
2Interpretation
3This part of this Schedule does not apply to apparatus...
4Temporarily stopped up streets
5Protective works to buildings
6Removal of apparatus
7Facilities and rights for alternative apparatus
8Retained apparatus— protection
9Expenses
10Enactments and agreements
11Co-operation
12Access
13Arbitration
PART 2THE PORT OF LONDON AUTHORITY
1The provisions of this Part of this Schedule shall, unless...
2The construction or carrying out of any tidal work is...
3Definitions
4Time limits
5Tidal works: approval of detailed design
6Public rights of navigation
7General provision as to construction of works including inspection
8Works to river banks
9Discharges etc.
10Navigational lights, buoys, etc
11Removal etc of the Authority’s moorings and buoys
12Removal of temporary works
13Survey of river bed
14Sedimentation, etc: remedial action
15Protective action
16Obstruction in the river
17Scour monitoring and mitigation
18Abandoned or Decayed Works
19Permanent works where land not acquired
20Facilities for navigation
21Indemnities, costs and exercise of DCO powers and compensation
22Maintenance dredging
23Notifications
24Disputes
PART 3THE ENVIRONMENT AGENCY
1The following provisions shall apply for the protection of the...
2The requirement for consent under Section 109 of the Water...
3Definitions
4Structural integrity of flood defences
5Approvals
6Inspection and construction
7Protection of drainage works and flood defences
8Scour and accretion monitoring and mitigation
9Maintenance of flood defences
10Emergency Powers
11Approval of Construction Environment Management Plan
12Protection for Fish and Fisheries
13Dispute Resolution
14Indemnities and Costs
15Notices
PART 4TRANSPORT FOR LONDON
SECTION 1Protection of TfL Railway Companies
1The provisions of this Part of this Schedule shall have...
2In this Part of this Schedule— “approval” in relation to...
3(1) The undertaker shall not under the powers conferred by...
4(1) The undertaker shall, before commencing the specified works, furnish...
5(1) The undertaker shall give to the engineer not less...
6Without prejudice to the generality of paragraphs 4 and 5...
7The undertaker shall at all times afford reasonable facilities to...
8During the construction of any part of the specified works...
9(1) If any alterations or additions either permanent or temporary,...
10The undertaker shall repay to any protected person all costs,...
11(1) In this paragraph— “apparatus” means any lines, circuits, wires...
12If at any time after the completion of a specified...
13Any additional expenses which a protected person may reasonably incur...
14Third party and other costs
15Any difference arising between the undertaker and a protected person...
SECTION 2For the Protection of London River Services Limited
1The provisions of this Part of this Schedule shall have...
2In this Part of this Schedule— “approval” in relation to...
3(1) The undertaker shall not under the powers conferred by...
4(1) The undertaker shall, before commencing the specified works, furnish...
5(1) The undertaker shall give to the engineer not less...
6Without prejudice to the generality of paragraphs 4 and 5...
7The undertaker shall at all times afford reasonable facilities to...
8During the construction of any part of the specified works...
9(1) If any alterations or additions either permanent or temporary,...
10The undertaker shall repay to LRSL all costs, charges and...
11If at any time after the completion of a specified...
12Any additional expenses which a LRSL may reasonably incur in...
13(1) The undertaker shall be responsible for, and make good...
14Any difference arising between the undertaker and LRSL under this...
SECTION 3Protection for Highways Structures
1The provisions of this Part of this Schedule shall have...
2In this Part of this Schedule— “approval” in relation to...
3(1) The undertaker shall not in the exercise of the...
4(1) The undertaker shall, before commencing the specified works, furnish...
5(1) The undertaker shall give to the engineer not less...
6Without prejudice to the generality of paragraphs 4 and 5...
7The undertaker shall at all times afford reasonable facilities to...
8During the construction of any part of the specified works...
9(1) If any alterations or additions either permanent or temporary,...
10The undertaker shall repay to TfL all costs, charges and...
11If at any time after the completion of a specified...
12Any additional expenses which TfL may reasonably incur in altering,...
13(1) The undertaker shall be responsible for and make good...
14Any difference arising between the undertaker and TfL under this...
SECTION 4Protection for Highways and Traffic
1The provisions of this Part of this Schedule shall have...
2(1) In this Part of this Schedule — “designated works”...
PART 5NETWORK RAIL
1The following provisions of this Part of this Schedule shall...
2In this Schedule— “asset protection agreement” means an agreement to...
3(1) Where under this Part Network Rail is required to...
4(1) The undertaker shall not exercise the powers conferred by...
5(1) The undertaker shall before commencing construction of any specified...
6(1) Any specified work and any protective works to he...
7The undertaker shall— (a) at all times afford reasonable facilities...
8Network Rail shall at all times afford reasonable facilities to...
9(1) If any permanent or temporary alterations or additions to...
10The undertaker shall repay to Network Rail all reasonable fees,...
11If at any time after the completion of a specified...
12The undertaker shall not provide any illumination or illuminated sign...
13Any additional expenses which Network Rail may reasonably incur in...
14(1) The undertaker shall pay to Network Rail all reasonable...
15Network Rail shall, on receipt of a request from the...
16In the assessment of any sums payable to Network Rail...
17The undertaker and Network Rail may, subject in the case...
18Nothing in this Order, or in any enactment incorporated with...
19The undertaker shall give written notice to Network Rail if...
20The undertaker shall no later than 28 days from the...
21Notwithstanding article 54 (Discharge of requirements, etc) any difference or...
PART 6COMMUNICATIONS NETWORK OPERATORS
1Effect
2Interpretation
3Electronic communications apparatus installed on, under or over any land
4Enactments and agreements in respect of apparatus in the promoter’s land
5Temporary and Permanent stopping up of streets forming part of the public maintainable highway
6Indemnity
7Arbitration
PART 7THE CITY OF LONDON CORPORATION
1Application
2Interpretation
3Protective works
4Remedial works
5Inspection and monitoring
6Damages, costs and indemnification
7Dispute resolution
SCHEDULE 17PROCEDURE FOR DISCHARGE OF REQUIREMENTS ETC. AND APPEALS
1Applications made under requirements
2Further information regarding requirements
3Fees further to requirements
4Appeals
SCHEDULE 18REMOVAL OF CONSENT REQUIREMENTS
SCHEDULE 19MISCELLANEOUS CONTROLS
PART 1PUBLIC GENERAL LEGISLATION
1Introduction
2Highways Act 1980
3Building Act 1984
4New Roads and Street Works Act 1991
5Water Industry Act 1991
6Party  Wall etc. Act 1996
7Planning Act 2008 - Application of the 2010 Regulations (Community Infrastructure Levy)
8Local Government (Miscellaneous Provisions) Act 1976
9Town and Country Planning Act 1990
10Coast Protection Act 1949
11Flood and Water Management Act 2010
12National Parks and Access to Countryside Act 1949
13Control of Pollution Act 1974
PART 2LOCAL LEGISLATION

2014 No. 2384

Infrastructure Planning

The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014

Made

Coming into force

An application was made to the Secretary of State in accordance with section 37 of the Planning Act 20081 and the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 20092 for an order under sections 37, 114, 115, 117, 120, 122 and 123 of that Act.

The Examining authority appointed by the Secretary of State examined the application in accordance with Chapter 4 of Part 6 of that Act and made a recommendation under section 74 of that Act that the application should be granted.

Accordingly, the Secretary of State, having the function of deciding the application, in exercise of the powers conferred by sections 103, 114, 115, 120, 122 and 123 of that Act, makes the following Order—