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The Triton Knoll Electrical System Order 2016

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Retained apparatus: National Grid Electricity Transmission plc

9.—(1) Not less than 56 days before the commencement of any authorised works authorised by this Order that are near to, or will or may affect, any apparatus the removal of which has not been required by the undertaker under paragraph 6(2) or otherwise, the undertaker must submit to National Grid Electricity (the “statutory undertaker”) a plan and seek from National Grid Electricity details of the underground extent of its electricity tower foundations.

(2) In relation to works which will or may—

(a)be situated on, over, under or within 15 metres measured in any direction of any apparatus; or

(b)involve embankment works within 15 metres of any apparatus,

the plan to be submitted to the statutory undertaker under sub-paragraph (1) must be detailed, include a method statement and describe—

(c)the exact position of the works;

(d)the level at which the works are proposed to be constructed or renewed;

(e)the manner of their construction or renewal including details of excavation and positioning of plant;

(f)the position of all apparatus; and

(g)by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus.

(3) In relation to any works which will or may be situated on, over, under or within 15 metres of any part of the foundations of an electricity tower or between any 2 or more electricity towers, the plan to be submitted to the statutory undertaker under sub-paragraph (1) must be detailed, include a method statement and describe in addition to the matters set out in sub-paragraph (2)—

(a)details of any cable trench design including route, dimensions and clearance to pylon foundations;

(b)how pylon foundations will not be affected before, during and post-construction;

(c)details of load-bearing capacities of trenches;

(d)details of cable installation methodology including access arrangements, jointing bays and backfill methodology;

(e)a written management plan for high voltage hazard during construction and ongoing maintenance of the cable route;

(f)written details of the operations and maintenance regime for the cable including frequency and method of access;

(g)assessment of earth rise potential if reasonably required by National Grid Electricity’s engineers; and

(h)evidence that trench-bearing capacity is to be designed to 26 tonnes to take the weight of overhead line construction traffic.

(4) The undertaker must not commence any works to which sub-paragraph (2) or (3) applies until the statutory undertaker has given written approval of the plan submitted.

(5) Any approval of the statutory undertaker required under sub-paragraph (2) or (3)—

(a)may be given subject to reasonable conditions for any purpose referred to in sub-paragraph (6) or (8); and

(b)must not be unreasonably withheld.

(6) In relation to a work to which sub-paragraph (2) or (3) applies, the statutory undertaker may require such modifications to be made to the plan as may be reasonably necessary for the purpose of securing its system against interference or risk of damage or for the purpose of providing or securing proper and convenient means of access to any apparatus.

(7) Works executed under this Order must be executed only in accordance with the plan submitted under sub-paragraph (1), as amended from time to time by agreement between the undertaker and the statutory undertaker, and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (6) or (8) by the statutory undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the statutory undertaker is entitled to watch and inspect the execution of the works.

(8) Where the statutory undertaker requires any protective works to be carried out either itself or by the undertaker (whether of a temporary or permanent nature)—

(a)the statutory undertaker must give at least 56 days’ notice of the protective works from the date of submission of a plan under sub-paragraph (1) (except in an emergency); and

(b)the protective works must be carried out to the statutory undertaker’s reasonable satisfaction before the commencement of any works authorised by this Order (or any relevant part of them).

(9) If the statutory undertaker, in accordance with sub-paragraph (6) or (8) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 6 and 7 apply as if the removal of the apparatus had been required by the undertaker under paragraph 6(2).

(10) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of any works, a new plan, instead of the plan previously submitted, and the undertaker having done so the provisions of this paragraph apply to and in respect of the new plan.

(11) The undertaker is not required to comply with sub-paragraph (1) where it needs to carry out emergency works as defined in the 1991 Act, but in that case the undertaker must—

(a)give to the statutory undertaker notice as soon as is reasonably practicable and a plan of the works;

(b)comply with sub-paragraph (6), (7) and (8) insofar as is reasonably practicable in the circumstances; and

(c)comply with sub-paragraph (12) at all times.

(12) Within 28 days of receipt of a request from the statutory undertaker, the undertaker must submit a scheme for monitoring ground subsidence for approval by the statutory undertaker, such approval not to be unreasonably withheld or delayed, for works which are capable of interfering with or risking damage to the statutory undertaker’s apparatus.

(13) At all times when carrying out any works authorised under this Order comply with National Grid Electricity’s policies for development near overhead lines (EN43-8) and the Health and Safety Executive’s guidance note GS6 “Avoiding danger from overhead power lines”.

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