The A122 (Lower Thames Crossing) Development Consent Order 2025
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Change 1
37 Statutory undertakers
(1) Subject to the provisions of Schedule 14 (protective provisions), article 28 (compulsory acquisition of rights and imposition of restrictive covenants), article 33 (acquisition of subsoil or airspace only), article 35(10) (temporary use of land for carrying out the authorised development), and paragraph (2), the undertaker may— (a) acquire compulsorily, or acquire existing or new rights or impose restrictive covenants over, any Order land belonging to statutory undertakers; and (b) extinguish the rights or the benefit of a restrictive covenant of, or remove or reposition apparatus belonging to, statutory undertakers over or within the Order land. (2) Paragraph (1)(b) has no effect in relation to apparatus in respect of which the following provisions apply— (a) Part 3 (street works in England and Wales) of the 1991 Act; and (b) article 38 (apparatus and rights of statutory undertakers in stopped up streets). (3) Subject to paragraph (4), where the power in paragraph (1)(b) is exercised in relation to any Order land in respect of which the undertaker takes temporary possession under article 35 (temporary use of land for carrying out the authorised development), the undertaker may only extinguish rights or restrictive covenants in respect of apparatus belonging to statutory undertakers removed or decommissioned where— (a) the undertaker, in agreement with the statutory undertaker, gives a notice to the landowner of the rights or restrictive covenants proposed to be extinguished; and (b) that notice has been provided prior to giving up temporary possession under article 35. (4) The extinguishment of a right or restrictive covenant under paragraph (3) does not— (a) relieve the need for the undertaker to comply with, or otherwise affect the application of, article 35(5) of this Order; or (b) give rise to any cause of action relating to the presence on or in the land of any foundations and the undertaker is not required to remove foundations when giving up temporary possession. (5) Subject to paragraph (6) and (7), the undertaker must, unless otherwise agreed by the landowner and any relevant statutory undertaker, when all of the specified works listed in column (1) of the table below have been completed, by exercise of the power in paragraph (1)(b) or otherwise— (a) extinguish or otherwise terminate any rights and restrictive covenants which have been created, acquired or imposed for the purpose of the corresponding work listed in the column (2) of the table below; and (b) notwithstanding article 35(5), remove any apparatus which has been installed as part of the corresponding work listed in the column (2) of the table below. (1) Specified work | (2) Corresponding work Work No. CA2 | Work No. MUT1 (outside of Thong Lane bridge) Work No. MU12 | Work No. MUT1 (so far as within Thong Lane bridge) Work No. MU12 | Work No. MUT2 Works Nos. CA3 and CA3A | Work No. MUT3 Work No. CA5 | Work No. MUT4 Work No. CA5 | Work No. MUT5 Work No. CA5 | Work No. MUT6 Work No. CA5 | Work No. MUT7 Works Nos. CA5 and CA5A | Work No. MUT8 Works Nos. CA5 and CA5A | Work No. MUT9 Work No. CA5 | Work No. MUT10 Work No. CA5 | Work No. MUT11 Work No. CA6 | Work No. MUT12 Works Nos. CA6, CA7, CA8A CA8B, CA9, CA10 and CA11 | Work No. MUT13 Works Nos. CA6, CA7, CA8A CA8B, CA9, CA10 and CA11 | Work No. MUT14 Work No. CA6 | Work No. MUT15 (outside of A128 Brentwood Road) Work No. MU39 | Work No. MUT15 (so far as within A128 Brentwood Road) Works Nos. CA8A and CA8B | Work No. MUT16 Work No. CA7 | Work No. MUT17 Work No. CA7 | Work No. MUT18 Work No. MU45 | Work No. MUT19 Work No. MU54 | Work No. MUT20 (from the A1089 to the A13) Works Nos. CA8A and CA8B | Work No. MUT20 (from Long Lane to Work No CA8A to CA8B) Works Nos. CA9 and CA10 | Work No. MUT21 (outside of B122 High Road, Orsett) Work No. MU60 | Work No. MUT21 (so far as within B122 High Road, Orsett) Work No. CA11 | Work No. MUT22 Work No. CA9 | Work No. MUT23 Work No. CA9 | Work No. MUT24 Work No. CA11 | Work No. MUT25 Work No. CA13 | Work No. MUT26 Work No. CA13 | Work No. MUT27 Works Nos. CA13 and CA14 | Work No. MUT28 Work No. CA14 | Work No. MUT29 Work No. MU76 | Work No. MUT30 Work No. CA15A | Work No. MUT31 Work No. CA16 | Work No. MUT32 Work No. OH1 | Work No. OHT1 Work No. OH4 | Work No. OHT2 Work No. OH3 | Work No. OHT3 Work No. OH7 | Work No. OHT4 Work No. OH6 | Work No. OHT5 Work No. OH6 | Work No. OHT6 Work No. OH7 | Work No. OHT7 Work No. OH7 | Work No. OHT8 (6) The obligation in paragraph (5) applies in respect of rights and restrictive covenants which have been created, acquired or imposed and to apparatus installed for or which belongs to a statutory undertaker when, subject to the provisions of Schedule 14 (protective provisions), appropriate facilities and rights in respect of any specified work in column (1) of the table above have been granted to the relevant statutory undertaker. (7) The obligation on the undertaker to remove apparatus in relation to paragraph (5) does not apply if the statutory undertaker is required to remove the apparatus under Schedule 14 (Protective Provisions) or by virtue of an agreement with that statutory undertaker. (8) Insofar as the power under paragraph (1) is used to acquire easements or other new rights or impose restrictive covenants in subsoil, it is subject to article 33(8) (acquisition of subsoil or airspace only).
37 Statutory undertakers
(1) Subject to the provisions of Schedule 14 (protective provisions), article 28 (compulsory acquisition of rights and imposition of restrictive covenants), article 33 (acquisition of subsoil or airspace only), article 35(10) (temporary use of land for carrying out the authorised development), and paragraph (2), the undertaker may— (a) acquire compulsorily, or acquire existing or new rights or impose restrictive covenants over, any Order land belonging to statutory undertakers; and (b) extinguish the rights or the benefit of a restrictive covenant of, or remove or reposition apparatus belonging to, statutory undertakers over or within the Order land. (2) Paragraph (1)(b) has no effect in relation to apparatus in respect of which the following provisions apply— (a) Part 3 (street works in England and Wales) of the 1991 Act; and (b) article 38 (apparatus and rights of statutory undertakers in stopped up streets). (3) Subject to paragraph (4), where the power in paragraph (1)(b) is exercised in relation to any Order land in respect of which the undertaker takes temporary possession under article 35 (temporary use of land for carrying out the authorised development), the undertaker may only extinguish rights or restrictive covenants in respect of apparatus belonging to statutory undertakers removed or decommissioned where— (a) the undertaker, in agreement with the statutory undertaker, gives a notice to the landowner of the rights or restrictive covenants proposed to be extinguished; and (b) that notice has been provided prior to giving up temporary possession under article 35. (4) The extinguishment of a right or restrictive covenant under paragraph (3) does not— (a) relieve the need for the undertaker to comply with, or otherwise affect the application of, article 35(5) of this Order; or (b) give rise to any cause of action relating to the presence on or in the land of any foundations and the undertaker is not required to remove foundations when giving up temporary possession. (5) Subject to paragraph (6) and (7), the undertaker must, unless otherwise agreed by the landowner and any relevant statutory undertaker, when all of the specified works listed in column (1) of the table below have been completed, by exercise of the power in paragraph (1)(b) or otherwise— (a) extinguish or otherwise terminate any rights and restrictive covenants which have been created, acquired or imposed for the purpose of the corresponding work listed in the column (2) of the table below; and (b) notwithstanding article 35(5), remove any apparatus which has been installed as part of the corresponding work listed in the column (2) of the table below. (1) Specified work | (2) Corresponding work Work No. CA2 | Work No. MUT1 (outside of Thong Lane bridge) Work No. MU12 | Work No. MUT1 (so far as within Thong Lane bridge) Work No. MU12 | Work No. MUT2 Works Nos. CA3 and CA3A | Work No. MUT3 Work No. CA5 | Work No. MUT4 Work No. CA5 | Work No. MUT5 Work No. CA5 | Work No. MUT6 Work No. CA5 | Work No. MUT7 Works Nos. CA5 and CA5A | Work No. MUT8 Works Nos. CA5 and CA5A | Work No. MUT9 Work No. CA5 | Work No. MUT10 Work No. CA5 | Work No. MUT11 Work No. CA6 | Work No. MUT12 Works Nos. CA6, CA7, CA8A CA8B, CA9, CA10 and CA11 | Work No. MUT13 Works Nos. CA6, CA7, CA8A CA8B, CA9, CA10 and CA11 | Work No. MUT14 Work No. CA6 | Work No. MUT15 (outside of A128 Brentwood Road) Work No. MU39 | Work No. MUT15 (so far as within A128 Brentwood Road) Works Nos. CA8A and CA8B | Work No. MUT16 Work No. CA7 | Work No. MUT17 Work No. CA7 | Work No. MUT18 Work No. MU45 | Work No. MUT19 Work No. MU54 | Work No. MUT20 (from the A1089 to the A13) Works Nos. CA8A and CA8B | Work No. MUT20 (from Long Lane to Work No CA8A to CA8B) Works Nos. CA9 and CA10 | Work No. MUT21 (outside of B122 High Road, Orsett) Work No. MU60 | Work No. MUT21 (so far as within B122 High Road, Orsett) Work No. CA11 | Work No. MUT22 Work No. CA9 | Work No. MUT23 Work No. CA9 | Work No. MUT24 Work No. CA11 | Work No. MUT25 Work No. CA13 | Work No. MUT26 Work No. CA13 | Work No. MUT27 Works Nos. CA13 and CA14 | Work No. MUT28 Work No. CA14 | Work No. MUT29 Work No. MU76 | Work No. MUT30 Work No. CA15A | Work No. MUT31 Work No. CA16 | Work No. MUT32 Work No. OH1 | Work No. OHT1 Work No. OH4 | Work No. OHT2 Work No. OH3 | Work No. OHT3 Work No. OH7 | Work No. OHT4 Work No. OH6 | Work No. OHT5 Work No. OH6 | Work No. OHT6 Work No. OH7 | Work No. OHT7 Work No. OH7 | Work No. OHT8 (6) The obligation in paragraph (5) applies in respect of rights and restrictive covenants which have been created, acquired or imposed and to apparatus installed for or which belongs to a statutory undertaker when, subject to the provisions of Schedule 14 (protective provisions), appropriate facilities and rights in respect of any specified work in column (1) of the table above have been granted to the relevant statutory undertaker. (7) The obligation on the undertaker to remove apparatus in relation to paragraph (5) does not apply if the statutory undertaker is required to remove the apparatus under Schedule 14 (Protective Provisions) or by virtue of an agreement with that statutory undertaker. (8) Insofar as the power under paragraph (1) is used to acquire easements or other new rights or impose restrictive covenants in subsoil, it is subject to article 33(8) (acquisition of subsoil or airspace only).
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