The A122 (Lower Thames Crossing) Development Consent Order 2025
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Change 1
54 Designation of fen land
(1) Unless otherwise agreed with the Secretary of State following consultation by the undertaker with Natural England and subject to paragraph (2), from the specified date Fen land A and Fen land B are to be treated as though they were a manorial waste for the purposes of section 193 (rights of the public over commons and waste lands) of the Law Property Act 1925 and this Order is to be treated as a scheme under section 193(1)(a) of that Act in connection with that manorial waste. (2) Notwithstanding paragraph (1), the undertaker may restrict or regulate access to, or erect structures on, Fen land A or Fen land B where reasonably necessary for public safety or in the case of an emergency. (3) In this article— “emergency” means any circumstance whether existing or imminent, which the undertaker considers is likely to cause danger to persons or property. “Fen land A” means the land identified as Area A shown in Appendix 2 of the outline LEMP; “Fen land B” means the land identified as Area B shown in Appendix 2 of the outline LEMP; “specified date” means— in relation to Fen land A, the later of 12 months from the date of completion of the provision of water vole mitigation on that land or 18 months from the date of completion of the provision of water vole mitigation on that land where the undertaker determines, following consultation with Natural England, that period is reasonably necessary to allow for the establishment of the water vole mitigation; and in relation to Fen land B, the day after the completion of the provision of open mosaic habitat and grassland on that land.
54 Designation of fen land
(1) Unless otherwise agreed with the Secretary of State following consultation by the undertaker with Natural England and subject to paragraph (2), from the specified date Fen land A and Fen land B are to be treated as though they were a manorial waste for the purposes of section 193 (rights of the public over commons and waste lands) of the Law Property Act 1925 and this Order is to be treated as a scheme under section 193(1)(a) of that Act in connection with that manorial waste. (2) Notwithstanding paragraph (1), the undertaker may restrict or regulate access to, or erect structures on, Fen land A or Fen land B where reasonably necessary for public safety or in the case of an emergency. (3) In this article— “emergency” means any circumstance whether existing or imminent, which the undertaker considers is likely to cause danger to persons or property. “Fen land A” means the land identified as Area A shown in Appendix 2 of the outline LEMP; “Fen land B” means the land identified as Area B shown in Appendix 2 of the outline LEMP; “specified date” means— in relation to Fen land A, the later of 12 months from the date of completion of the provision of water vole mitigation on that land or 18 months from the date of completion of the provision of water vole mitigation on that land where the undertaker determines, following consultation with Natural England, that period is reasonably necessary to allow for the establishment of the water vole mitigation; and in relation to Fen land B, the day after the completion of the provision of open mosaic habitat and grassland on that land.
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