Summary
The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014 is a Development Consent Order (DCO) granting planning permission and associated rights for the Thames Tideway Tunnel - a 25km underground sewer tunnel to intercept combined sewer overflows (CSOs) discharging into the River Thames. The Order grants Thames Water extensive powers including compulsory acquisition of land, rights to break up streets, alter layouts, stop up highways and public rights of way, temporary occupation of land, and exemptions from certain noise regulations during construction. It establishes the regulatory framework for constructing, operating and maintaining the tunnel, including provisions for transferring benefits to infrastructure providers, street works management under the London Permit Scheme, and requirements compliance procedures.
Reason
The Thames Tideway Tunnel was completed and became operational around 2025 - the physical infrastructure exists regardless of whether this Order remains on the statute book. Keeping this Order serves no purpose as the project it authorised is already built. However, the real concern is that this Order granted Thames Water extensive coercive powers - compulsory acquisition of land, street alteration rights, noise exemptions during construction, and exemptions from public nuisance laws - that were only necessary for the construction phase and are now obsolete. The Order represents a classic case of regulatory burden that served a one-time purpose: once the tunnel is built, these powers provide no ongoing benefit to Britons but remain available for potential abuse. The compulsory acquisition powers, street work powers, and exemption provisions should have been sunsetted upon project completion. Retaining an Order that grants such sweeping coercive powers for a completed project is inconsistent with the principle that regulations should not persist beyond their useful purpose.