STATUTORY INSTRUMENTS 2019 No. 359 INFRASTRUCTURE PLANNING The Port of Tilbury (Expansion) Order 2019 Made - - - - 20th February 2019 Coming into force - - 13th March 2019 CONTENTS PART 1 PRELIMINARY 1. Citation and commencement 2. Interpretation 3. Disapplication of legislation, etc. 4. Application of enactments relating to the Port of Tilbury 5. Incorporation of the 1845 Act PART 2 WORKS PROVISIONS Principal powers 6. Development consent granted by the Order 7. Limits of deviation Streets 8. Street works 9. Application of the 1991 Act 10. Construction and maintenance of new, altered or diverted streets 11. Classification of roads 12. Permanent stopping up and restriction of use of highways and private means of access 13. Temporary stopping up and restriction of use of streets 14. Access to works 15. Agreements with street authorities 16. Use of private roads for construction 17. Level crossings Supplementary powers 18. Discharge of water 19. Protective works to buildings 20. Authority to survey and investigate land 21. Felling or lopping of trees and removal of hedgerows 22. Works in the river Thames: conditions PART 3 POWERS OF ACQUISITION AND POSSESSION OF LAND Powers of acquisition 23. Compulsory acquisition of land 24. Time limit for exercise of powers to acquire land compulsorily or to possess land temporarily 25. Compulsory acquisition of rights 26. Acquisition of subsoil or airspace only 27. Private rights over land 28. Power to override easements and other rights 29. Rights over or under streets 30. Modification of Part 1 of the 1965 Act 31. Application of the 1981 Act Temporary possession of land 32. Temporary use of land for constructing the authorised development 33. Temporary use of land for maintaining the authorised development Supplementary 34. Statutory undertakers 35. Apparatus and rights of statutory utilities in stopped up streets 36. Recovery of costs of new connection 37. Special category land: West Tilbury common land Compensation 38. Disregard of certain interests and improvements 39. Set-off for enhancement in value of retained land 40. No double recovery PART 4 OPERATIONAL PROVISIONS 41. Maintenance of the authorised development and operation of the Company’s harbour undertaking 42. Power to appropriate 43. Powers to dredge 44. Power to operate and use railways 45. Byelaws relating to the extended port limits 46. Fixed penalty notices 47. Planning legislation 48. Application of landlord and tenant law 49. Defence to proceedings in respect of statutory nuisance PART 5 MISCELLANEOUS AND GENERAL 50. Benefit of Order 51. Consent to transfer benefit of Order 52. Traffic regulation measures 53. Deemed marine licence 54. Protective provisions 55. Saving for Trinity House 2 56. Crown Rights 57. Consents, agreements, certifications and approvals 58. Certification of documents 59. Service of notices 60. Arbitration SCHEDULES SCHEDULE 1 — AUTHORISED DEVELOPMENT SCHEDULE 2 — REQUIREMENTS PART 1 — REQUIREMENTS PART 2 — PROCEDURE FOR DISCHARGE OF REQUIREMENTS SCHEDULE 3 — CLASSIFICATION OF ROADS, ETC. SCHEDULE 4 — PERMANENT STOPPING UP OF HIGHWAYS AND PRIVATE MEANS OF ACCESS PART 1 — HIGHWAYS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW HIGHWAYS WHICH ARE OTHERWISE TO BE PROVIDED PART 2 — HIGHWAYS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED PART 3 — PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW PRIVATE MEANS OF ACCESS WHICH ARE OTHERWISE TO BE PROVIDED PART 4 — IDENTIFICATION OF HIGHWAYS AND PRIVATE MEANS OF ACCESS ON PLANS SCHEDULE 5 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR THE CREATION OF NEW RIGHTS SCHEDULE 6 — LAND OF WHICH ONLY TEMPORARY POSSESSION MAY BE TAKEN SCHEDULE 7 — PORT PREMISES BYELAWS – THE PORT OF TILBURY (EXPANSION) BYELAWS 2019 PART 1 — PRELIMINARY PART 2 — OPERATION PART 3 — PROTECTION AND CONTROL OF PORT PREMISES PART 4 — OPERATION OF VEHICLES PART 5 — BERTHING, MOORING AND ANCHORING PART 6 — NOTICE, CERTIFICATES AND MANIFESTS PART 7 — AIRSHIPS, HYDROFOIL AND AIR CUSHION CRAFT PART 8 — FIRE PREVENTION SCHEDULE 8 — TRAFFIC REGULATION MEASURES, ETC. PART 1 — SPEED LIMITS & RESTRICTED ROADS PART 2 — PROHIBITIONS PART 3 — REVOCATIONS AND VARIATIONS OF EXISTING TRAFFIC REGULATION ORDERS SCHEDULE 9 — DEEMED MARINE LICENCE PART 1 — GENERAL PART 2 — CONDITIONS APPLYING TO LICENSABLE ACTIVITIES 3 PART 3 — PROCEDURE FOR THE DISCHARGE OF CONDITIONS SCHEDULE 10 — PROTECTIVE PROVISIONS PART 1 — FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS PART 2 — FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS PART 3 — FOR THE PROTECTION OF THE PORT OF LONDON AUTHORITY PART 4 — FOR THE PROTECTION OF THE ENVIRONMENT AGENCY PART 5 — FOR THE PROTECTION OF THURROCK COUNCIL (AS LEAD LOCAL FLOOD AUTHORITY) PART 6 — FOR THE PROTECTION OF RAILWAY INTERESTS PART 7 — FOR THE PROTECTION OF THURROCK COUNCIL (AS HIGHWAY AUTHORITY) PART 8 — FOR THE PROTECTION OF ANGLIAN WATER PART 9 — FOR THE PROTECTION OF HIGHWAYS ENGLAND PART 10 — FOR THE PROTECTION OF RWE GENERATION UK PLC PART 11 — FOR THE PROTECTION OF CADENT GAS LIMITED AS GAS UNDERTAKER PART 12 — FOR THE PROTECTION OF NATIONAL GRID AS ELECTRICITY UNDERTAKER SCHEDULE 11 — DOCUMENTS TO BE CERTIFIED An application has been made to the Secretary of State, under section 37 of the Planning Act 2008( a) (“the 2008 Act”) in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009(b) for an Order granting development consent. 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)(c) of the 2008 Act, made 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 Panel, 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. In relation to the compulsory acquisition of the Order land which is common land, the Secretary of State is satisfied, having considered the report and recommendation of the Panel and in accordance with section 131(3)(d) of the 2008 Act, that section 131(4) applies. The Secretary of State, in exercise of the powers conferred by sections 114(e), 115(f) and 120(g) of, and paragraphs 1-4, 10-18, 20, 22, 26, 30A, 30B, 32-33, 36 and 37 of Schedule 5 to, the 2008 Act, makes the following Order— (a) 2008 c. 29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of the Localism Act 2011 (c. 20). (b) S.I. 2009/2264, amended by S.I. 2010/439, S.I. 2010/602, S.I. 2012/635, S.I. 2012/2654, S.I. 2012/2732, S.I. 2013/522, S.I. 2013/755, S.I. 2014/469, S.I. 2014/2381, S.I. 2015/377, S.I. 2015/1682, S.I. 2017/524, S.I. 2017/752 and S.I. 2018/378. (c) As amended by paragraph 29(1) and (3) of Part 1 of Schedule 13 to the Localism Act 2011 (c. 20). (d) As amended by section 24(2)(a) of the Growth and Infrastructure Act 2013 (c. 27). (e) As amended by paragraph 55 of Part 1 of Schedule 13 to the Localism Act 2011. (f) As also amended by section 160 of the Housing and Planning Act 2016 (c. 22) and section 43 of the Wales Act 2017 (c. 4). (g) As amended by section 140 and paragraph 60 of Part 1 of Schedule 13 to the Localism Act 2011. 4 PART 1 PRELIMINARY Citation and commencement 1. This Order may be cited as the Port of Tilbury (Expansion) Order 2019 and comes into force on 13th March 2019. Interpretation 2. —(1) In this Order, unless otherwise stated— “the 1845 Act” means the Railways Clauses Consolidation Act 1845( a); “the 1961 Act” means the Land Compensation Act 1961( b); “the 1965 Act” means the Compulsory Purchase Act 1965( c); “the 1968 Act” means the Port of London Act 1968( d); “the 1974 Act” means the Control of Pollution Act 1974( e) “the 1980 Act” means the Highways Act 1980( f); “the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981( g); “the 1984 Act” means the Road Traffic Regulation Act 1984( h); “the 1990 Act” means the Town and Country Planning Act 1990( i); “the 1991 Act” means the New Roads and Street Works Act 1991( j); “the 1991 Transfer Scheme” means the Port of Tilbury Transfer Scheme 1991 as confirmed by the Port of Tilbury Transfer Scheme 1991 Confirmation Order 1992( k) made under section 22 of the Ports Act 1991( l); “the 2004 Act” means the Traffic Management Act 2004( m); “the 2008 Act” means the Planning Act 2008( n); “the 2009 Act” means the Marine and Coastal Access Act 2009( o); “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; “the 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 authorised by this Order; “authorised officer” means a Constable, the Company Harbour Master, a PLA Harbour Master, and a person authorised by the Company for the purpose of enforcing the byelaws; “the book of reference” means the document of that description set out in Schedule 11 (documents to be certified) certified by the Secretary of State as the book of reference for the purposes of this Order; (a) 1845 c. 20. (b) 1961 c. 33. (c) 1965 c. 56. (d) 1968 c.