The Brechfa Forest Wind Farm Connection Order 2016

SCHEDULES

Article 3

SCHEDULE 1 Authorised development  

A nationally significant infrastructure project as defined in sections 14(1)(b) and 16 of the 2008 Act comprising—

(a) Work No 1 – The installation and keeping of 132kV electric lines above ground of approximately 10.94 kilometres in length. These will comprise a three phase 132kV line (three wires/conductors and fibre optic cable) mounted on twin and single wooden poles, with supporting stay wires and terminal ends. The 132kV line commences at the existing steel pylon (reference EE42) near Llandyfaelog. The circuit then follows a north easterly alignment, crossing over the A48 dual carriageway, terminating at the terminal pole number 84 at Grid reference: SN43571 19638 and connecting to the underground cables in Work No.2. The works are to include:

(i) works for the creation, alteration or widening of points of access to highways;

(ii) stopping up or diversion of highways;

(iii) the provision of means of access to pole and underground cable positions;

(iv) the provision of retaining structures, and culverts;

(v) carrying out surveys or taking soil samples;

(vi) works for the benefit or protection of land affected by the authorised development;

(vii) cutting down, uprooting, topping or lopping of trees or shrubs or cutting back their roots;

(viii) the removal, disposal or re-siting of apparatus;

(ix) carrying out civil engineering or other works;

(x) the provision of construction and maintenance compounds, working areas, laydown and parking areas in connection with the construction of the authorised development;

(xi) the provision of welfare units; and

(xii) the provision of underground ducting and placing electricity cables below ground to connect to Work No.2.

(b) Work No. 2 - The installation and keeping below ground of a 132kV electric line and fibre optic cable of approximately 3.56 kilometres in length. The 132kV below ground line connects to Work No.1 at terminal pole number 84 at Grid reference: SN43571 19638, passing under the River Towy in a northerly direction, passing across the Towy valley through the cable joint bays at Grid references: SN43410 20334, SN43384 20826, SN43360 21308, SN43263 21739, SN43295 22116 and SN43308 22632, to the east of Carmarthen, passing underneath the A40, connecting into the public highway A485 at Grid reference: SN43213 22019, terminating east of Abergwili and connecting to Work No.3 at the overhead terminal pole number 87 at Grid reference: SN43036 22719. The works are to include:

(i) works for the creation, alteration or widening of points of access to highways;

(ii) stopping up or diversion of highways;

(iii) the provision of means of access to pole and underground cable positions;

(iv) the provision of retaining structures, and culverts;

(v) carrying out surveys or taking soil samples;

(vi) works for the benefit or protection of land affected by the authorised development;

(vii) cutting down, uprooting, topping or lopping of trees or shrubs or cutting back their roots;

(viii) the removal, disposal or re-siting of apparatus;

(ix) carrying out civil engineering or other works;

(x) the provision of construction and maintenance compounds, working areas, laydown and parking areas in connection with the construction of the authorised development;

(xi) the provision of welfare units;

(xii) the provision of underground ducting and placing electricity cables below ground including directional drilling, to connect to Work No.3: and

(xiii) the provision of a temporary bridge.

(c) Work No 3 – The installation and keeping of 132kV electric lines above ground of approximately 14.1 kilometres in length, comprising a three phase 132kV line (three wires/conductors and fibre optic cable) mounted on twin and single wooden poles with supporting stay wires, and terminal ends. The 132kV line commences at terminal pole number 87 at Grid reference: SN43036 22719, following a northerly line adjacent to the A485, turning east to the south of Alltwalis and terminating at terminal pole 203 at Grid reference: SN48811 31114, at the Brechfa Forest West Wind Farm substation. The works are to include:

(i) works for the creation, alteration or widening of points of access to highways;

(ii) stopping up or diversion of highways;

(iii) the provision of means of access to pole and underground cable positions;

(iv) the provision of retaining structures, and culverts;

(v) carrying out surveys or taking soil samples;

(vi) works for the benefit or protection of land affected by the authorised development;

(vii) cutting down, uprooting, topping or lopping of trees or shrubs or cutting back their roots;

(viii) the removal, disposal or re-siting of apparatus;

(ix) carrying out civil engineering or other works;

(x) the provision of construction and maintenance compounds, working areas, laydown and parking areas in connection with the construction of the authorised development;

(xi) the provision of welfare units; and

(xii) the provision of underground ducting and placing electricity cables below ground to connect to Work No.2.

Article 33

SCHEDULE 2 Plans  

PART 1 Overall location plan

(1) Drawing title	(2) Drawing number	(3) Revision
Overall Location Plan	15/WPD/001	A

PART 2 Master key plan

(1) Drawing title	(2) Drawing number	(3) Revision
Master Key Plan	15/WPD/002	A

PART 3 Access and rights of way plans

(1) Drawing title	(2) Drawing number	(3) Revision
Access and Rights of Way Plans	Section A Key Plan – 15/WPD/021	A
Access and Rights of Way Plans	Section A Plan Series – 15/WPD/022	A
Access and Rights of Way Plans	Section B Key Plan – 15/WPD/023	A
Access and Rights of Way Plans	Section B Plan Series – 15/WPD/024	A
Access and Rights of Way Plans	Section C Key Plan – 15/WPD/025	A
Access and Rights of Way Plans	Section C Plan Series – 15/WPD/026	A

PART 4 Crown land plans

(1)Drawing title	(2)Drawing number	(3)Revision
Crown Land Plans	Section B Key Plan – 15/WPD/045	A
Crown Land Plans	Section B Plan Series – 15/WPD/046	A
Crown Land Plans	Section C Key Plan – 15/WPD/047	A
Crown Land Plans	Section C Plan Series – 15/WPD/048	A

PART 5 Design drawings

(1)Drawing title	(2)Drawing number	(3)Revision
Key Plan for Design Drawings	15/WPD/100	A
132kV Overhead Line Work No. 1 Profiles	15/WPD/101	A
132kV Overhead Line Work No. 2 Profiles	15/WPD/102	A
132kV Overhead Line Wood Pole Outlines	15/WPD/103	A
Design Drawings 132kV Underground Cables	15/WPD/104	A

PART 6 Environmental features plans

(1) Drawing title	(2)Drawing number	(3)Revision
Key Plan for Environmental Features (Section A)	15/WPD/027	B
Key Plan for Environmental Features (Section B)	15/WPD/029	A
Key Plan for Environmental Features (Section C)	15/WPD/031	A
Environmental Features Plan (Section A)	15/WPD/028	B
Environmental Features Plan (Section B)	15/WPD/030	A
Environmental Features Plan (Section C)	15/WPD/032	A

PART 7 Heritage designations plans

(1)Drawing title	(2)Drawing number	(3)Revision
Key Plan for Heritage Designations (Section A)	15/WPD/033	A
Key Plan for Heritage Designations (Section B)	15/WPD/035	A
Key Plan for Heritage Designations (Section C)	15/WPD/037	A
Heritage Designations Plan (Section A)	15/WPD/034	B
Heritage Designations Plan (Section B)	15/WPD/036	A
Heritage Designations Plan (Section C)	15/WPD/038	A

PART 8 Land plans

(1)Drawing title	(2)Drawing number	(3)Revision
Land Plans	Section A Key Plan – 15/WPD/009	A
Land Plans	Section A Plan Series – 15/WPD/010	C
Land Plans	Section B Key Plan – 15/WPD/011	A
Land Plans	Section B Plan Series – 15/WPD/012	C
Land Plans	Section C Key Plan – 15/WPD/013	A
Land Plans	Section C Plan Series – 15/WPD/014	C

PART 9 Trees and Hedges with the potential to be affected plans

(1)Drawing title	(2)Drawing number	(3)Revision
Trees and Hedges with the Potential to be Affected Plans	Section A Key Plan – 15/WPD/039	A
Trees and Hedges with the Potential to be Affected Plans	Section A Plan Series – 15/WPD/040	A
Trees and Hedges with the Potential to be Affected Plans	Section B Key Plan – 15/WPD/041	A
Trees and Hedges with the Potential to be Affected Plans	Section B Plan Series – 15/WPD/042	A
Trees and Hedges with the Potential to be Affected Plans	Section C Key Plan – 15/WPD/043	A
Trees and Hedges with the Potential to be Affected Plans	Section C Plan Series – 15/WPD/044	A

PART 10 Works plans

(1)Drawing title	(2)Drawing number	(3)Revision
Works Plans	Section A Key Plan – 15/WPD/015	A
Works Plans	Section A Plan Series – 15/WPD/016	A
Works Plans	Section B Key Plan – 15/WPD/017	A
Works Plans	Section B Plan Series – 15/WPD/018	A
Works Plans	Section C Key Plan – 15/WPD/019	A
Works Plans	Section C Plan Series – 15/WPD/020	A

Article 3

SCHEDULE 3 Requirements  

Interpretation

1.  In this Schedule and in Schedule 9—

“commencement” means the carrying out of a material operation, as defined in section 155 of the 2008 Act (which explains when development begins), comprised in or carried out for the purposes of the authorised development and the words “commence” and “commenced” are to be construed accordingly;

“Nant Morlais Woodland” means so much of the Order limits shown hatched yellow on and so much of the Order limits shown shaded green on Figure 10.2: Botanical Phase 1 Survey Map 1 Issue A to the environmental statement; and

“stage” refers to a defined section or part of the authorised development, the extent of which is shown in a scheme submitted to and approved by the relevant planning authority pursuant to Requirement 4.

Time limits

2.  The authorised development must commence within 5 years of the date that this Order is made.

Compliance with approved details

3.—(1) The construction of the poles forming part of the authorised development comprised in Work No 1 and Work No 3 must take place in accordance with the approved drawings listed In Table 1 below subject to the limits of deviation.

(2) For the purposes of Requirement 3(1) the poles must be constructed within the vertical limits of deviation (as set out in article 5(b)(i) and (ii) (limits of deviation) and the lateral limits of deviation (as shown on the works plans)).

Table 1

(1)Poles	(2)Drawing sheet number	(3)Pole height (metres)	(4)Pole type (single, twin or terminal four)
1	A/WP/PS/1	12	Twin
2	A/WP/PS/1	14	Single
3	A/WP/PS/1	11	Single
4	A/WP/PS/1	13	Single
5	A/WP/PS/1	15	Twin
6	A/WP/PS/1	15	Single
7	A/WP/PS/1	14	Single
8	A/WP/PS/1	13	Single
9	A/WP/PS/1	14	Twin
10	A/WP/PS/2	15	Single
11	A/WP/PS/2	13	Single
12	A/WP/PS/2	15	Single
13	A/WP/PS/2	12	Single
14	A/WP/PS/2	12	Single
15	A/WP/PS/2	12	Single
16	A/WP/PS/2	12	Single
17	A/WP/PS/2	13	Single
18	A/WP/PS/2	12	Twin
19	A/WP/PS/2	13	Single
20	A/WP/PS/2	12	Single
21	A/WP/PS/2	12	Single
22	A/WP/PS/2	13	Twin
23	A/WP/PS/2	12	Single
24	A/WP/PS/2	14	Twin
25	A/WP/PS/3	13	Twin
26	A/WP/PS/3	12	Single
27	A/WP/PS/3	11	Single
28	A/WP/PS/3	12	Single
29	A/WP/PS/3	11	Single
30	A/WP/PS/3	14	Twin
31	A/WP/PS/3	15	Single
32	A/WP/PS/3	14	Single
33	A/WP/PS/3	13	Single
34	A/WP/PS/3	14	Single
35	A/WP/PS/4	12	Single
36	A/WP/PS/4	12	Single
37	A/WP/PS/4	12	Single
38	A/WP/PS/4	15	Single
39	A/WP/PS/4	13	Twin
40	A/WP/PS/4	13	Twin
41	A/WP/PS/4	12	Single
42	A/WP/PS/4	14	Twin
43	A/WP/PS/4	16	Twin
44	A/WP/PS/4	16	Twin
45	A/WP/PS/5	13	Twin
46	A/WP/PS/5	14	Single
47	A/WP/PS/5	13	Single
48	A/WP/PS/5	13	Twin
49	A/WP/PS/5	12	Single
50	A/WP/PS/5	13	Single
51	A/WP/PS/5	13	Single
52	A/WP/PS/5	13	Single
53	A/WP/PS/5	12	Single
54	A/WP/PS/5	13	Single
55	A/WP/PS/6	14	Single
56	A/WP/PS/6	12	Single
57	A/WP/PS/6	12	Single
58	A/WP/PS/6	12	Single
59	A/WP/PS/6	12	Single
60	A/WP/PS/6	13	Twin
61	A/WP/PS/6	13	Twin
62	A/WP/PS/6	13	Single
63	A/WP/PS/6	15	Single
64	A/WP/PS/6	13	Single
65	A/WP/PS/6	12	Single
66	A/WP/PS/6	13	Single
67	A/WP/PS/6	14	Single
68	A/WP/PS/6	13	Single
69	A/WP/PS/6	14	Single
70	A/WP/PS/7	13	Twin
71	A/WP/PS/7	15	Twin
72	A/WP/PS/7	16	Single
73	A/WP/PS/7	18	Single
74	A/WP/PS/7	17	Twin
75	A/WP/PS/7	13	Single
76	A/WP/PS/7	13	Single
77	A/WP/PS/7	11	Single
78	A/WP/PS/7	15	Single
79	A/WP/PS/7	14	Twin
80	A/WP/PS/7	14	Single
81	A/WP/PS/7	14	Single
82	A/WP/PS/7	17	Single
83	A/WP/PS/7	13	Single
84	A/WP/PS/7	15	Terminal Four
85	Not Used	Not Used	Not Used
86	Not Used	Not Used	Not Used
87	B/WP/PS/2	15	Terminal Four
88	B/WP/PS/2	12	Single
89	B/WP/PS/2	16	Single
90	B/WP/PS/2	12	Single
91	B/WP/PS/2	13	Single
92	C/WP/PS/1	15	Twin
93	C/WP/PS/1	15	Twin
94	C/WP/PS/1	12	Twin
95	C/WP/PS/1	15	Single
96	C/WP/PS/1	16	Single
97	C/WP/PS/1	14	Single
98	C/WP/PS/1	14	Single
99	C/WP/PS/1	13	Twin
100	C/WP/PS/1	12	Single
101	C/WP/PS/1	14	Single
102	C/WP/PS/1	14	Twin
103	C/WP/PS/1	12	Single
104	C/WP/PS/1	12	Single
105	C/WP/PS/2	12	Single
106	C/WP/PS/2	13	Single
107	C/WP/PS/2	13	Single
108	C/WP/PS/2	13	Single
109	C/WP/PS/2	13	Single
110	C/WP/PS/2	12	Single
111	C/WP/PS/2	12	Twin
112	C/WP/PS/2	15	Single
113	C/WP/PS/2	13	Single
114	C/WP/PS/2	15	Single
115	C/WP/PS/2	14	Single
116	C/WP/PS/2	15	Twin
117	C/WP/PS/2	12	Twin
118	C/WP/PS/2	14	Single
119	C/WP/PS/2	12	Single
120	C/WP/PS/3	15	Twin
121	C/WP/PS/3	13	Single
122	C/WP/PS/3	14	Single
123	C/WP/PS/3	14	Single
124	C/WP/PS/3	12	Single
125	C/WP/PS/3	12	Single
126	C/WP/PS/3	12	Twin
127	C/WP/PS/3	14	Twin
128	C/WP/PS/3	14	Twin
129	C/WP/PS/3	12	Single
130	C/WP/PS/3	12	Twin
131	C/WP/PS/3	12	Single
132	C/WP/PS/3	12	Single
133	C/WP/PS/3	12	Single
134	C/WP/PS/3	12	Single
135	C/WP/PS/4	15	Single
136	C/WP/PS/4	15	Single
137	C/WP/PS/4	12	Twin
138	C/WP/PS/4	12	Single
139	C/WP/PS/4	12	Single
140	C/WP/PS/4	12	Single
141	C/WP/PS/4	13	Single
142	C/WP/PS/4	12	Single
143	C/WP/PS/4	11	Single
144	C/WP/PS/4	12	Twin
145	C/WP/PS/4	14	Single
146	C/WP/PS/4	12	Single
147	C/WP/PS/4	15	Single
148	C/WP/PS/4	12	Single
149	C/WP/PS/4	14	Twin
150	C/WP/PS/5	15	Single
151	C/WP/PS/5	12	Single
152	C/WP/PS/5	13	Single
153	C/WP/PS/5	14	Twin
154	C/WP/PS/5	14	Twin
155	C/WP/PS/5	15	Twin
156	C/WP/PS/5	13	Twin
157	C/WP/PS/5	13	Single
158	C/WP/PS/5	14	Single
159	C/WP/PS/5	17	Twin
160	C/WP/PS/5	12	Single
161	C/WP/PS/5	10	Single
162	C/WP/PS/5	15	Single
163	C/WP/PS/6	13	Single
164	C/WP/PS/6	12	Single
165	C/WP/PS/6	12	Single
166	C/WP/PS/6	12	Single
167	C/WP/PS/6	12	Single
168	C/WP/PS/6	12	Single
169	C/WP/PS/6	14	Twin
170	C/WP/PS/6	12	Single within sleeve
171	C/WP/PS/6	13	Single within sleeve
172	C/WP/PS/6	13	Single within sleeve
173	C/WP/PS/7	12	Single
174	C/WP/PS/7	13	Twin
175	C/WP/PS/7	12	Single
176	C/WP/PS/7	13	Single
177	C/WP/PS/7	13	Single
178	C/WP/PS/7	13	Single
179	C/WP/PS/7	15	Twin
180	C/WP/PS/7	15	Twin
181	C/WP/PS/8	14	Twin
182	C/WP/PS/8	12	Twin
183	C/WP/PS/8	11	Twin
184	C/WP/PS/8	12	Twin
185	C/WP/PS/8	12	Twin
186	C/WP/PS/8	11	Twin
187	C/WP/PS/8	13	Twin
188	C/WP/PS/8	11	Twin
189	C/WP/PS/8	11	Twin
190	C/WP/PS/8	13	Twin
191	C/WP/PS/9	14	Twin
192	C/WP/PS/9	12	Twin
193	C/WP/PS/9	11	Twin
194	C/WP/PS/9	11	Twin
195	C/WP/PS/9	11	Twin
196	C/WP/PS/9	11	Twin
197	C/WP/PS/9	14	Twin
198	C/WP/PS/9	12	Twin
199	C/WP/PS/9	12	Twin
200	C/WP/PS/9	12	Twin
201	C/WP/PS/9	14	Twin
202	C/WP/PS/9	13	Twin
203	C/WP/PS/9	13	Twin

Stages of authorised development

4.—(1) No authorised development may commence until a written scheme setting out all the stages of the authorised development has been submitted to and approved by the relevant planning authority, after consultation with the relevant highway authority.

(2) Written notice of the commencement and completion of each stage of the authorised development and the operational use of that part of the authorised development shall be given to the relevant planning authority and relevant highway authority within 10 business days of the relevant event occurring.

Restrictions on the limits of deviation

5.—(1) Excluding poles 155 and 203, no pole shall move more than 5m from its location (as shown on the works plans).

(2) The electric line shall not move outside the limits of deviation.

(3) Notwithstanding the approved works plans C/WP/PS/3 and C/WP/PS/5 and subject to Requirement 5 (5) there shall be no deviation of poles 126, 127, 128, 154 and 155 from their positions, or access to those poles, without the prior written consent of the relevant planning authority.

(4) Pole 76 shall not be deviated closer to Bryn Meusydd than shown on works plan A/WP/PS/7.

(5) Pole 155 may deviate up to 25m from its location (as shown on the works plans) and within the Order limits provided any deviation is agreed in writing with the landowner.

Restrictions on the limits of deviation near hedgerows and watercourses

6.—(1) Notwithstanding Requirement 4, poles sited in accordance with the agreed limits of deviation must maintain a minimum distance of 2m from the nearest hedgerow and 7m from the nearest watercourse. No stays should be placed within hedgerows.

(2) Pole 98 shall not be microsited south of its location as shown on drawing no. 15/WPD/020 (sheet 1 of 10).

Protection of private water supplies

7.  The underground sections of poles 170, 171 and 172 shall be placed within a concrete sleeve.

HDD drill depths and construction periods

8.—(1) The horizontal directional drill (HDD) under the River Towy shall be a minimum depth of 5m below the river bed and a minimum of 1.5m below other watercourses.

(2) The HDD under the bed of the River Towy referred to in Requirement 8 (1) shall not take place between 1st April and 30th June in any calendar year.

Highway accesses

9.—(1) No stage of the authorised development is to commence until written details of the design, layout and subsequent removal (to include the restoration of land) of any new temporary means of access or any new permanent means of access to a highway to be used by vehicular traffic, or any alteration to an existing means of access to a highway used by vehicular traffic, has, after consultation with the highway authority, been submitted to and approved by the relevant planning authority in relation to that stage.

(2) The highway accesses must be constructed in accordance with the approved details under paragraph (1).

Public rights of way

10.—(1) No stage of the authorised development that would affect any right of way specified in the public rights of way management strategy is to commence until a written implementation plan and specification for the temporary diversion of a right of way has, after consultation with the relevant planning authority and highway authority, been submitted to and approved by the relevant planning authority in relation to that stage.

(2) The right of way diversion must be constructed in accordance with the approved plan in paragraph (1).

Fencing and other means of enclosure

11.—(1) No stage of the authorised development must commence until written details of all proposed permanent and temporary fences, walls or other means of enclosure within the Order limits have, after consultation with the relevant planning authority, been submitted to and approved by the relevant planning authority in relation to that stage.

(2) Any fences or other means of enclosure approved in accordance with sub-paragraph (1) must remain secure during construction of the authorised development, in accordance with the approved details, unless otherwise approved in writing by the relevant planning authority.

(3) Any temporary fencing must be removed on completion of the construction of the authorised development.

Contaminated land and groundwater

12.—(1) In the event that contamination is found at any time when carrying out the authorised development that was not previously identified it must be reported in writing immediately to the relevant planning authority. An investigation and risk assessment must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the relevant planning authority in consultation with Natural Resources Wales. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the relevant planning authority in consultation with Natural Resources Wales.

(2) Where remediation is required, a detailed remediation scheme to bring the site to a condition suitable for the intended use must be prepared, and submitted for the written approval of the relevant planning authority in consultation with Natural Resources Wales.

(3) The approved remediation scheme must be carried out in accordance with its terms unless otherwise approved in writing by the relevant planning authority in consultation with Natural Resources Wales.

(4) Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced, and approved in writing by the relevant planning authority in consultation with Natural Resources Wales.

Archaeology

13.—(1) No stage of the authorised development shall commence until a written scheme for the investigation of archaeology consistent with the archaeological written scheme of investigation is submitted to and approved by the relevant planning authority.

(2) Any archaeological works or watching brief carried out under the scheme must be by a suitably qualified person or body approved by the relevant planning authority.

(3) Any archaeological works or watching brief must be carried out in accordance with the approved scheme, unless otherwise agreed in writing by the relevant planning authority.

Plans

14.  Subject to article 5 (limits of deviation) and any of the other Requirements, the authorised development shall be carried out in accordance with the plans or other documents certified in accordance with article 33 (certification of plans).

Habitat management plan

15.  Prior to the commencement of any stage of works in areas identified within the habitat management plan, a final habitat management plan consistent with the habitat management plan shall be submitted to and approved by the relevant planning authority. The authorised development shall be implemented, maintained and monitored in accordance with the approved final habitat management plan. Informed by the results of the monitoring, the plan shall be reviewed for a period up to five years by the undertaker in consultation with the relevant planning authority. Any recommendations or modifications to be made to the plan as a result of the review shall be agreed in writing with the relevant planning authority and implemented.

Trees to be affected

16.  A protocol shall be prepared, submitted to and approved by the relevant planning authority for the identification of trees to be affected by the authorised development. The protocol shall require information on the species and dimensions of the tree(s) to be affected and the nature of the works to be undertaken to be provided to the relevant planning authority for prior approval a minimum of two weeks before the works commence to such trees. Works shall be undertaken to the affected trees in accordance with the approved protocol.

Lighting

17.  Details of lighting required to illuminate working areas, including construction compounds shall be submitted to and agreed in writing by the relevant planning authority prior to its first use. The lighting shall be directional and shall not spill onto watercourses, riparian corridors, residential properties or gardens.

Construction traffic management plan

18.—(1) No numbered work of the authorised development other than tree felling is to commence until a final CTMP covering that numbered work has been submitted to and approved by the relevant planning authority in consultation with the Department for Transport of the Welsh Government. The final CTMP must be consistent with the CTMP and shall include proposals for the movement of construction traffic including measures to promote sustainable travel. It shall also include—

(a) site access and traffic management;

(b) a routing strategy for construction traffic;

(c) the location and means of temporary road closure;

(d) the management of public rights of way consistent with the Public Rights of Way Management Strategy;

(e) other management matters including conditions surveys and wheel and street cleaning.

(2) The final CTMP approved under paragraph (1) must be implemented as approved.

Temporary bridge

19.  Prior to its installation, details showing the location, structural design and appearance of the temporary bridge shall be submitted to and approved by the relevant planning authority. The bridge shall be removed and the land reinstated to the satisfaction of the relevant planning authority within one month following the completion of the cable undergrounding.

Construction hours

20.—(1) Subject to sub-paragraphs (2) and (3) construction work must not take place other than between 0700 and 1900 hours, Monday to Friday and 0700 to 1300, Saturday and at no time on bank holidays and Sundays.

(2) Drilling operations must not take place other than between 0700 and 1700 hours on Mondays to Fridays.

(3) Protective netting of scaffolding and its subsequent removal across highways may occur outside of the construction hours.

(4) Stringing of the line across the highway may be undertaken outside of the construction hours subject to the prior written approval of the relevant planning authority.

Construction environmental management plan

21.—(1) No authorised development is to commence until a final CEMP has been submitted to and approved in writing by the relevant planning authority in consultation with Natural Resources Wales. The final CEMP must be in accordance with the CEMP and must include the following during construction—

(a) a waste management plan;

(b) a pollution prevention and emergency response plan;

(c) a water management plan; and

(d) a dust management plan and an invasive weeds management plan.

(2) All construction works must be undertaken in accordance with the CEMP approved under paragraph (1).

Restoration of land used temporarily for construction

22.  Any land within the Order limits which is used temporarily for construction is to be reinstated to its former condition, or such condition as the relevant planning authority may approve, within six months of completion of the construction of the authorised development, or such further time as may be approved in writing by the relevant planning authority.

Requirement for written approval

23.  Where under any of the Requirements the approval or agreement of the relevant planning authority or another person is required, the matter that requires approval or agreement must be submitted in writing, and that approval or agreement is to be given in writing.

Frac-out contingency plan

24.—(1) Prior to the commencement of undergrounding works within Work No. 2, a final frac-out contingency plan consistent with the frac-out contingency plan shall be submitted to and approved in writing by the relevant planning authority in consultation with Natural Resources Wales. The final frac-out contingency plan shall include—

(a) the persons responsible for implementing the measures to be set out within the plan:

(b) design protocols and measures to be implemented for the protection of sensitive ecological receptors;

(c) confirmation of the suitability of the formations to be drilled;

(d) measures to monitor the drilling process for frac-out; and

(e) the measures to be initiated to protected sensitive ecological receptors should frac-out occur.

(2) The final frac-out contingency plan must be implemented as approved.

Decommissioning

25.  Should the authorised development become redundant (as determined by the undertaker) for operational purposes the undertaker shall submit to the relevant planning authority a decommissioning and restoration plan for its prior written approval. The decommissioning and restoration plan shall be implemented as approved and the decommissioning of the authorised development and the restoration works shall be completed within 24 months following the approval of the decommissioning and restoration plan.

Flooding

26.  No authorised development is to commence within areas identified as being at risk of flooding in the flood consequence assessment until a flood risk management strategy and a flood evacuation plan has been submitted to and approved in writing by the relevant planning authority in consultation with Natural Resources Wales. The works shall be implemented in accordance with the approved strategy and plan.

Foundation Depths

27.  The foundation depths of the above ground electric line poles hereby approved shall not exceed 2.7m measured from natural ground level.

Hedgerows

28.  The width of individual hedgerows to be removed shall be restricted to a maximum width of 8m within Work No. 2 and 6m within Work No. 1 and Work No. 3. The hedgerow within Work No 2 shall be translocated and reinstated.

Otter Surveys

29.—(1) Prior to the commencement of Work No. 1 within the Nant Morlais Woodland and prior to the commencement of Work No. 2 pre-construction otter surveys shall be undertaken and the results submitted to the relevant planning authority in consultation with Natural Resources Wales.

(2) Work No. 1 within the Nant Morlais Woodland shall not commence and Work No. 2 shall not commence until either the absence of otters is confirmed or the mitigation proposed is agreed by the relevant planning authority in consultation with Natural Resources Wales and implemented.

Marsh Fritillary Study

30.—(1) Prior to the commencement of the section of Work No. 3 shown on works plans Section C Drawing Number C/WP/PS/5 in areas where food plants for marsh fritillary butterfly larvae are present, a pre-construction marsh fritillary butterfly study, the methodology for which shall be determined in consultation with Natural Resources Wales, shall be undertaken to establish the presence or absence of marsh fritillary where food plants for marsh fritillary butterfly larvae are present within that area and the results submitted to the relevant planning authority and Natural Resources Wales.

(2) The section of Work No. 3 shown on works plans Section C Drawing Number C/WP/PS/5 in areas where food plants for marsh fritillary butterfly larvae are present shall not commence until either the absence of marsh fritillary is confirmed or the mitigation proposed is agreed by the relevant planning authority in consultation with Natural Resources Wales and implemented.

Approved plans and amendments to approved plans

31.—(1) Where a Requirement requires the authorised development to be carried out in accordance with a plan, scheme, statement, strategy, details or protocol (the “plan”) approved by the relevant planning authority or Natural Resources Wales, the approved plan must be taken to include any amendments that may be approved subsequently by the relevant planning authority or Natural Resources Wales (after consulting every person required to be consulted before approval of the original plan).

(2) The relevant planning authority or Natural Resources Wales must not approve the plan or an amendment to the plan unless it is satisfied that the plan or the amendment is unlikely to give rise to any new or materially different environmental effects from those assessed in the environmental statement.

Articles 18 and 19

SCHEDULE 4 Modification of compensation and compulsory purchase enactments for creation of new rights  

Compensation enactments

1.  The enactments for the time being in force with respect to compensation for the compulsory purchase of land are to apply, with the necessary modifications as respects compensation, in the case of a compulsory acquisition under this Order of a right by the creation of a new right as they apply as respects compensation on the compulsory purchase of land and interests in land.

Modification of the Land Compensation Act 1973

2.—(1) Without prejudice to the generality of paragraph 1, the Land Compensation Act 1973(1) is to have effect subject to the modifications set out in sub-paragraph (2).

(2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 of the 1965 Act as substituted by paragraph 4—

(a) for the words “land is acquired or taken from” there are to be substituted the words “a right over land is purchased from or imposed on”; and

(b) for the words “acquired or taken from him” there are to be substituted the words “over which the right is exercisable.

(3) In section 58(1) (determination of material detriment where part of house etc. proposed for compulsory acquisition), as it applies to determinations under section 8 of the 1965 Act as substituted by paragraph 5—

(a) for the word “part” in paragraphs (a) and (b) there are substituted the words “a right over or restrictive covenant affecting land consisting”;

(b) for the word “severance” there is substituted the words “right or restrictive covenant over or affecting the whole of the house, building or manufactory or of the house and the park or garden”;

(c) for the words “part proposed” there are substituted the words “right or restrictive covenant proposed”; and

(d) for the words “part is” there are substituted the words “right or restrictive covenant is”.

Application of the 1965 Act

3.—(1) The 1965 Act is to have effect with the modifications necessary to make it apply to the compulsory acquisition under this Order of a right by the creation of a new right as it applies to the compulsory acquisition of land, so that, in appropriate contexts, references in that Act to land are read (according to the Requirements of the particular context) as referring to, or as including references to—

(a) the right acquired or to be acquired; or

(b) the land over which the right is or is to be exercisable.

(2) Without prejudice to the generality of sub-paragraph (1), Part 1 of the 1965 Act is to apply in relation to the compulsory acquisition under this Order of a right by the creation of a new right with the modifications specified in the following provisions of this Schedule.

4.  For section 7 of the 1965 Act (measure of compensation in case of severance) there is to be substituted the following section—

“7.   In assessing the compensation to be paid by the acquiring authority under this Act, regard shall be had not only to the extent (if any) to which the value of the land over which the right is to be acquired is depreciated by the acquisition of the right or the imposition of the covenant but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.”

5.  For section 8 of the 1965 Act (other provisions as to divided land) there is substituted the following section—

“8.— (1) Where in consequence of the service on a person under section 5 of this Act of a notice to treat in respect of a right over land consisting of a house or building or of a park or garden belonging to a house (“the relevant land”)—

(a) a question of disputed compensation in respect of the purchase of the right would apart from this section fall to be determined by the Upper Tribunal (“the tribunal”); and

(b) before the tribunal has determined that question the tribunal is satisfied that the person has an interest in the whole of the relevant land and is able and willing to sell that interest, and—

(c) where that land consists of a house or building, that the right cannot be purchased without material detriment to that land; or

(d) where that land consists of such a park or garden, that the right cannot be purchased without seriously affecting the amenity or convenience of the house to which that land belongs,

the Brechfa Forest Wind Farm Connection Order 2016 (“the Order”), in relation to that person, ceases to authorise the purchase of the right and is deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of such a park or garden, the house to which it belongs, and the notice is deemed to have been served in respect of that interest on such date as the tribunal directs.

(2) Any question as to the extent of the land in which the Order is deemed to authorise the purchase of an interest by virtue of subsection (1) of this section is to be determined by the tribunal.

(3) Where in consequence of a determination of the tribunal that it is satisfied as mentioned in subsection (1) of this section the Order is deemed by virtue of that subsection to authorise the purchase of an interest in land, the acquiring authority may, at any time within the period of 6 weeks beginning with the date of the determination, withdraw the notice to treat in consequence of which the determination was made; but nothing in this subsection prejudices any other power of the authority to withdraw the notice.”

6.  The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say—

(a) section 9(4) (failure by owners to convey);

(b) paragraph 10(3) of Schedule 1 (owners under incapacity);

(c) paragraph 2(3) of Schedule 2 (absent and untraced owners); and

(d) paragraphs 2(3) and 7(2) of Schedule 4 (common land),

are to be so modified as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired is vested absolutely in the acquiring authority.

7.  Section 11 of the 1965 Act (powers of entry) is to be so modified as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right (which is to be deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on warrant in the event of obstruction) of the 1965 Act is to be modified correspondingly.

8.  Section 20 of the 1965 Act (protection for interests of tenants at will, etc.) is to apply with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right in question.

9.  Section 22 of the 1965 Act (protection of acquiring authority’s possession where by inadvertence an estate, right or interest has not been got in) is to be so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired, subject to compliance with that section as respects compensation.

Article 10

SCHEDULE 5 Parts of access to be maintained at the public expense  

(1)Access number	(2)Grid Reference	(3) Description	(4)New or existing access	(5)Plan reference
70	SN 43501 27282	B4301	New temporary access	C/AR/PS/3
71	SN 43546 27408	B4301	New temporary access	C/AR/PS/3

Article 9

SCHEDULE 6 Streets subject to street works

PART 1 Streets subject to street works – crossing points  

(1)Crossing point reference	(2)Grid reference	(3)Description	(4)Span numbers (excluding UG sections where no span number is defined)	(5)Plan reference
CP1	SN 40633 11652	C2057 approximately 365 metres east of Pont Cllwg	7-8	A/LA/PS/1
CP2	SN 40828 12021	U2218 approximately 200 metres North of Fynnon-wen	10-11	A/LA/PS/1
CP3	SN 41312 12653	A484 approximately 430 metres North West of Crugan-fawr	16-17	A/LA/PS/2
CP4	SN 41379 12741	U2220 approximately 85 metres north west of Lanfryn	17-18	A/LA/PS/2
CP5	SN 41841 13881	C2074 approximately 200 metres North West of Bwich-y-gwynt	27-28	A/LA/PS/3
CP6	SN 42492 15027	U2207 approximately 410 metres east of Lon House	37-38	A/LA/PS/4
CP7	SN 42912 15430	B4309 approximately 360 metres North of Bancycapel	41-42	A/LA/PS/4
CP8	SN 43399 15735	B4306 approximately 200 metres North West of Garthowen	45-46	A/LA/PS/5
CP9	SN 44152 18205	U2203 approximately 200m east of Beaulieu-Fawr	69-70	A/LA/PS/6
CP10	SN 44029 18358	A48 approximately 200 metres north of Beaulieu-Fawr	70-71	A/LA/PS/6
CP11	SN 43784 18661	C2071, approximately 200 metres North west of Plas-y-Wern	73-74	A/LA/PS/7
CP12	SN 43460 18980	C2070 approximately 240 metres north of Brynmeusydd	78-79	A/LA/PS/7
CP13 Undergrounded	SN 43499 19961	BOAT number 28/20/1 approximately 250 metres east of Pant	86-Underground	A/LA/PS/7
CP14 Undergrounded	SN 43476 20057	B4300 approximately 250 metres north east of Pant	Underground	B/LA/PS/1
CP15 Undergrounded	SN 43391 21039	Abergwili Road C2030, approximately 30 metres east of Abergwili bridge	Underground	B/LA/PS/1
CP16 Undergrounded	SN 43372 21251	A40 approximately 190 metres east of A40/A485 Junction	Underground	B/LA/PS/1
CP17 Undergrounded	From SN 43203 22016 Undergrounded to SN 43346 22627	A485 approximately 150 metres North East of Glangwili Bridge -undergrounding then follows the route of the A485 to approximately 10 metres south of A485/U2095 Junction	Underground	B/LA/PS/2
CP18	SN 43001 22697	U2095 approximately 340 metres west of U2095/A485 junction	Underground-87	B/LA/PS/2
CP19	SN 42959 23796	C2048 approximately 85 metres east of Rhydfwyalchen	94-95	C/LA/PS/1
CP20	SN 42872 24448	U2097 approximately 500 metres east of Trefynys	100-101	C/LA/PS/1
CP21	SN 43505 25447	U2098 approximately 340m north west of the U2098/A485 junction	110-111	C/LA/PS/2
CP22	SN 43458 26278	U5550 approximately 360 metres west of U5550/A485 junction	117-118	C/LA/PS/2
CP23	SN 43504 27181	U5551 approximately 50m east of U5551/B4301 junction	125-126	C/LA/PS/3
CP24	SN 43682 27617	U5552 approximately 45m east of U5552/B4301 junction	128-129	C/LA/PS/3
CP25	SN 43737 27782	B4301 approximately 160m north east of U5552/B4301 junction	130-131	C/LA/PS/3
CP26	SN 44248 29257	C1317 approximately 100 metres west of C1317/A485 junction	144-145	C/LA/PS/4
CP27	SN 44384 30890	A485 approximately 150 metres north Dyffryn-Croes	159-160	C/LA/PS/5

PART 2 Streets subject to street works – accesses    

(1)Access number	(2)Grid reference	(3)Road accessed	(4)Description	(5)Plan reference	(6)New or existing access
1	SN 39993 11366	C2057	Gated field access	A/AR/PS/1	Existing
2	SN 40124 11404	C2057	Gated field access	A/AR/PS/1	Existing
3	SN 40227 11451	C2057	Gated field access	A/AR/PS/1	Existing
4	SN 40597 11624	C2057	Farm/private access road/track	A/AR/PS/1	Existing
5	SN 40676 11694	C2057	Gated field access	A/AR/PS/1	Existing
6	SN 40785 11778	C2057	Gated field access	A/AR/PS/1	Existing
7	SN 40808 12191	U2218	Gated field access	A/AR/PS/1	Existing
8	SN 41290 12259	A484	Gated field access	A/AR/PS/2	Existing
9	SN 413117 12501	A484	Gated field access	A/AR/PS/2	Existing
10	SN 41538 12644	U2220	Gated field access	A/AR/PS/2	Existing
11	SN 41447 12705	U2220	Gated field access	A/AR/PS/2	Existing
12	SN 41442 13472	C2074	Gated field access	A/AR/PS/2	Existing
13	SN 41724 13575	C2074	Gated field access	A/AR/PS/2	Existing
14	SN 41775 13599	C2074	Gated field access	A/AR/PS/2	Existing
15	SN 41883 13922	C2074	Gated field access	A/AR/PS/3	Existing
16	SN 41885 13937	C2074	Gated field access	A/AR/PS/3	Existing
17	SN 41276 14115	A484	Farm/private access road/track	A/AR/PS/3	Existing
18	SN 42214 14365	C2074	Gated field access	A/AR/PS/3	Existing
19	SN 42324 14521	C2074	Gated field access	A/AR/PS/3	Existing
20	SN 42247 14991	U2207	Gated field access	A/AR/PS/4	Existing
21	SN 42721 15071	U2207	Gated field access	A/AR/PS/4	Existing
22	SN 42890 15563	B4309	Farm/private access road/track	A/AR/PS/4	Existing
23	SN 43359 15757	B4306	Gated field access	A/AR/PS/5	Existing
24	SN 43361 15762	B4306	Gated field access	A/AR/PS/5	Existing
25	SN 43468 15692	B4306	Gated field access	A/AR/PS/5	Existing
26	SN 43046 15958	B4306	Farm/private access road/track	A/AR/PS/4	Existing
27	SN 44330 16405	U2221	Farm/private access road/track	A/AR/PS/5	Existing
28	SN 44906 17212	U2201	Gated field access	A/AR/PS/6	Existing
29	SN 44770 17415	C2071	Gated field access	A/AR/PS/6	Existing
30	SN 44754 17474	C2071	Gated field access	A/AR/PS/6	Existing
31	SN 44718 17580	C2071	Gated field access	A/AR/PS/6	Existing
32	SN 44556 17874	C2071	Gated field access	A/AR/PS/6	Existing
33	SN 44437 18003	C2071	Gated field access	A/AR/PS/6	Existing
34	SN 44123 18179	U2203	Gated field access	A/AR/PS/6	Existing
35	SN 44153 18211	U2203	Gated field access	A/AR/PS/6	Existing
36	SN 44154 18467	U2169	Gated field access	A/AR/PS/7	Existing
37	SN 44121 18479	U2169	Gated field access	A/AR/PS/7	Existing
38	SN 43993 18619	U2169	Gated field access	A/AR/PS/7	Existing
39	SN 43834 18659	C2071	Gated field access	A/AR/PS/7	Existing
40	SN 43693 19010	C2070	Gated field access	A/AR/PS/7	Existing
41	SN 43555 18980	C2070	Gated field access	A/AR/PS/7	Existing
42	SN 43686 19020	C2070	Gated field access	A/AR/PS/7	Existing
43	SN 43352 19031	W4488	Farm/private access road/track	A/AR/PS/7	Existing
44	SN 43412 19234	W4488	Gated field access	A/AR/PS/7	Existing
45	SN 43416 19406	W4488	Gated field access	A/AR/PS/7	Existing
46	SN 43309 19517	W4488	Farm/private access road/track	A/AR/PS/7	Existing
47	SN 43566 19939	BOAT 28/20/1	New temporary access	A/AR/PS/7	New Access
48	SN 43464 21042	C2030	Gated field access	B/AR/PS/1	Existing
49	SN 43429 21053	C2030	Gated field access	B/AR/PS/1	Existing
50	SN 43218 22005	A485	Farm/private access road/track	B/AR/PS/2	Existing
51	SN 42916 22593	U2094	Gated field access	B/AR/PS/2	Existing
52	SN 42863 22748	U2095	Gated field access	B/AR/PS/2	Existing
53	SN 42825 22778	U2094	Farm/private access road/track	B/AR/PS/2	Existing
54	SN 42589 23373	U2094	Farm/private access road/track	B/AR/PS/2	Existing
55	SN 42877 23747	C2048	Gated field access	C/AR/PS/1	Existing
56	SN 42907 23776	C2048	Gated field access	C/AR/PS/1	Existing
57	SN 42581 24506	U2097	New temporary access	C/AR/PS/1	New Access
58	SN 42745 24485	U2097	Gated field access	C/AR/PS/1	Existing
59	SN 42753 24494	U2097	Gated field access	C/AR/PS/1	Existing
60	SN 42742 24497	U2097	Farm/private access road/track	C/AR/PS/1	Existing
61	SN 43521 25424	U2098	Gated field access	C/AR/PS/2	Existing
62	SN 43517 25451	U2098	Gated field access	C/AR/PS/2	Existing
63	SN 43711 25796	A485	Farm/private access road/track	C/AR/PS/2	Existing
64	SN 43733 25950	A485	Gated field access	C/AR/PS/2	Existing
65	SN 43754 26065	A485	Gated field access	C/AR/PS/2	Existing
66	SN 43265 26265	U5550	Gated field access	C/AR/PS/2	Existing
67	SN 43573 26296	U5550	Gated field access	C/AR/PS/2	Existing
68	SN 43216 26488	U5550	Gated field access	C/AR/PS/2	Existing
69	SN 43538 27144	U5551	Gated field access	C/AR/PS/3	Existing
70	SN 43501 27282	B4301	New temporary access	C/AR/PS/3	New Access
71	SN 43546 27408	B4301	New temporary access	C/AR/PS/3	New Access
72	SN 43870 27529	U5552	Gated field access	C/AR/PS/3	Existing
73	SN 43872 27538	U5552	Gated field access	C/AR/PS/3	Existing
74	SN 43652 27648	B4301	Farm/private access road/track	C/AR/PS/3	Existing
75	SN 43588 27708	U5552	Gated field access	C/AR/PS/3	Existing
76	SN 43304 27961	U5552	Farm/private access road/track	C/AR/PS/3	Existing
77	SN 44135 28254	B4301	Gated field access	C/AR/PS/3	Existing
78	SN 44259 28619	A485	Farm/private access road/track	C/AR/PS/4	Existing
79	SN 44312 28856	A485	Gated field access	C/AR/PS/4	Existing
80	SN 44308 29249	C1317	Gated field access	C/AR/PS/4	Existing
81	SN 44348 29416	A485	Gated field access	C/AR/PS/4	Existing
82	SN 44329 29544	A485	Gated field access	C/AR/PS/4	Existing
83	SN 44076 30220	U5500	Farm/private access road/track	C/AR/PS/4	Existing
84	SN 44326 30281	A485	Farm/private access road/track	C/AR/PS/4	Existing
85	SN 44374 30927	A485	Gated field access	C/AR/PS/5	Existing
86	SN 44406 30993	A485	Gated field access	C/AR/PS/5	Existing
87	SN 44446 31161	A485	Farm/private access road/track	C/AR/PS/5	Existing
88	SN 45052 31513	U5502	Farm/private access road/track	C/AR/PS/6	Existing
89	SN 45796 31211	U5501	Farm/private access road/track	C/AR/PS/6	Existing
90	SN 46349 29444	C1317	Farm/private access road/track	C/AR/PS/10	Existing

Article 11

SCHEDULE 7 Streets/rights of way to be temporarily closed  

(1)Span number (excluding UG sections and access routes where no span numbers are defined)	(2)Street or public right of way to be temporarily closed, altered or diverted	(3)Extent of temporary closure, alteration or diversion as shown on the access and rights of way plans	(4)Plan reference	(5)Type of effect
7-8	Street, C2057	50m	A/AR/PS/1	Temporary Closure
10-11	Street, U2218	26m	A/AR/PS/1	Temporary Closure
11-12	PRoW – 29/20/1 Footpath	26m	A/AR/PS/1	Temporary Closure
16-17	Street, A484	44m	A/AR/PS/2	Temporary Closure
17-18	Street,U2220	25m	A/AR/PS/2	Temporary Closure
27-28	Street, C2074	35m	A/AR/PS/3	Temporary Closure
34-35	PRoW -29/10/1 Footpath	26m	A/AR/PS/3	Temporary Closure
37-38	Street, U2207	33m	A/AR/PS/4	Temporary Closure
41-42	Street, B4309	34m	A/AR/PS/4	Temporary Closure
45-46	Street,B4306	34m	A/AR/PS/5	Temporary Closure
52-53	PRoW-28/15/1 BOAT	18m	A/AR/PS/5	Temporary Closure
69-70	Street, U2203	25m	A/AR/PS/6	Temporary Closure
70-71	Street, A48	50m	A/AR/PS/6	Temporary Closure
73-74	Street,C2071	70m	A/AR/PS/7	Temporary Closure
78-79	Street, C2070	40m	A/AR/PS/7	Temporary Closure
83-84	PRoW – 28/20/2 BOAT	55m	A/AR/PS/7	Temporary Closure
86-Underground cable	PRoW – 28/20/1 BOAT	22m	A/AR/PS/7	Temporary Closure
Underground cable	Street, A485	685m	B/AR/PS/2	Temporary Closure
Underground cable	PRoW-2/8/1 Footpath	31m	B/AR/PS/2	Temporary Diversion
Underground cable -87	Street, U2095	44m	B/AR/PS/2	Temporary Closure
94-95	Street, C2048	25m	C/AR/PS/1	Temporary Closure
100-101	Street,U2097	26m	C/AR/PS/1	Temporary Closure
110-111	Street,U2098	26m	C/AR/PS/2	Temporary Closure
115-116	PRoW- 27/32/1 Footpath	29m	C/AR/PS/2	Temporary Closure
117-118	Street,U5550	26m	C/AR/PS/2	Temporary Closure
125-126	Street, U5551	27m	C/AR/PS/3	Temporary Closure
128-129	Street, U5552	25m	C/AR/PS/3	Temporary Closure
130-131	Street, B4301	60m	C/AR/PS/3	Temporary Closure
135-136	PRoW- 27/14/1 Footpath	40m	C/AR/PS/3	Temporary Closure
135-136	PRoW -26/8/1 Footpath	55m	C/AR/PS/3	Temporary Closure
144-145	Street, C1317	27m	C/AR/PS/4	Temporary Closure
152-153	PRoW -26/9/1 Footpath	42m	C/AR/PS/4	Temporary Closure
155-156	PRoW – 26/11/2 Footpath	16m	C/AR/PS/5	Temporary Closure
159-160	Street, A485	50m	C/AR/PS/5	Temporary Closure
166-167	PRoW - 27/5/1 Footpath	25m	C/AR/PS/6	Temporary Closure
171-172	PRoW – 27/10/1 Footpath	58m	C/AR/PS/6	Temporary Closure
171-172	PRoW –27/10/2 Footpath	58m	C/AR/PS/6	Temporary Closure
Access 49	PRoW – 2/1/1A	7.5M	B/AR/PS/1	Temporary Closure
Access 90	PRoW – 27/11/1	150M	C/AR/PS/10	Temporary Closure

Article 27

SCHEDULE 8 Land of which temporary possession may be taken  

(1)Number of land shown on the land plans	(2)Purpose for which temporary possession may be taken	(3)Relevant part of the authorised development
A13	Mitigation works (dormouse woodland)	Work No. 1
A14	Mitigation works (dormouse woodland)	Work No. 1
A16	Mitigation works (dormouse woodland)	Work No. 1
A162	Mitigation works (hydrology)	Work No. 1
A163	Mitigation works (hydrology)	Work No. 1
A272	Works comprising temporary working area for the construction of the underground cables	Work No. 2
A274	Works comprising temporary working area for the construction of the underground cables	Work No. 2
A277	Works comprising temporary working area for the construction of the underground cables	Work No. 2
B7	Works comprising temporary working area for the construction of the underground cables	Work No. 2
B8	Works comprising temporary working area for the construction of the underground cables	Work No. 2
B11	Works comprising temporary working area for the construction of the underground cables	Work No. 2
B12	Works comprising temporary working area for the construction of the underground cables	Work No. 2
B13	Mitigation works (hydrology)	Work No. 2
B14	Works comprising temporary bridge for access working area for the underground cables	Work No. 2
B15	Works comprising temporary bridge for access working area for the underground cables	Work No. 2
B16	Works comprising temporary bridge for access working area for the underground cables	Work No. 2
B17	Mitigation works (hydrology)	Work No. 2
B18	Mitigation works (hydrology)	Work No. 2
B19	Mitigation works (hydrology)	Work No. 2
B20	Works comprising temporary bridge for access working area for the underground cables	Work No. 2
B21	Works comprising temporary bridge for access working area for the underground cables	Work No. 2
B23	Works comprising temporary bridge for access working area for the underground cables	Work No. 2
B24	Works comprising temporary bridge for access working area for the underground cables	Work No. 2
B25.1	Mitigation works (hydrology)	Work No. 2
B25.2	Mitigation works (hydrology)	Work No. 2
B31	Works comprising temporary working area for the construction of the underground cables	Work No. 2
B39	Works comprising temporary working area for the construction of the underground cables	Work No. 2
B40	Works comprising temporary working area for the construction of the underground cables	Work No. 2
B43	Works comprising temporary working area for the construction of the underground cables	Work No. 2
B44	Works comprising temporary working area for the construction of the underground cables	Work No. 2
B45	Works comprising temporary working area for the construction of the underground cables	Work No. 2
B52	Works comprising temporary working area for the construction of the underground cables	Work No. 2
B54	Works comprising temporary working area for the construction of the underground cables	Work No. 2
B55	Works comprising temporary working area for the construction of the underground cables	Work No. 2
B56	Mitigation works (hydrology)	Work No. 2
B57	Mitigation works (hydrology)	Work No. 2
B58	Mitigation works (hydrology)	Work No. 2
B66	Works comprising temporary construction for the underground satellite compound	Work No. 2
C173	Mitigation works (hydrology)	Work No. 3
C174	Mitigation works (hydrology)	Work No. 3
C218	Works comprising temporary construction for the underground satellite compound	Work No. 3

Article 29

SCHEDULE 9 Protective provisions  

PART 1 For the protection of oil undertakers

1.—(1) For the protection of the statutory undertakers referred to in this Part of this Schedule the following provisions are to have effect, unless otherwise agreed in writing at any time between the undertaker and the statutory undertaker concerned.

(2) In this Part of this Schedule—

“alternative apparatus” means alternative apparatus adequate to enable the statutory undertaker in question to fulfill its statutory functions in a manner not less efficient than previously;

“apparatus” means in the case of Mainline Pipelines Limited, any pipeline, apparatus and works (as described in section 65 (3) of the Pipe-lines Act 1962(2)) belonging to or maintained by Mainline Pipelines Limited for the purposes of oil supply, and in each case includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

“functions” includes powers and duties;

“in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over or upon land;

“Mainline Pipelines Limited” means Mainline Pipelines Limited (company number 00995545) whose registered office is at 11 Old Jewry, London EC2R 8DU; and

“statutory undertaker” means Mainline Pipelines Limited and its successors in title and function, for the area of the authorised development, and in relation to any apparatus, means the undertaker for whom it belongs or by whom it is maintained.

2.  This Part of this Schedule does not apply to apparatus in respect of which the relations between the statutory undertaker and the undertaker are regulated by the provisions of Part 3 of the 1991 Act.

3.  Regardless of any provision in this Order or anything shown on the land plans, the undertaker is not to acquire any apparatus otherwise than by agreement.

4.—(1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed, that apparatus is not to be removed under this Part of this Schedule and any right of a statutory undertaker to maintain that apparatus in that land is not to be extinguished until alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the statutory undertaker in question.

(2) If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, it must give to the statutory undertaker in question written notice of that Requirement, together with a plan and section of the work proposed.

(3) If alternative apparatus or any part of such apparatus is to be constructed as a consequence of the removal of apparatus placed on the land referred to in sub-paragraph (2), the statutory undertaker in question must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use its best endeavours to obtain the necessary facilities and rights in other land in which the alternative apparatus is to be constructed.

(4) The statutory undertaker in question must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 35, and after the grant to the statutory undertaker of any such facilities and rights as are referred to in sub–paragraph (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.

(5) Regardless of anything in sub-paragraph (4), if the undertaker gives notice in writing to the statutory undertaker in question that it desires itself to execute any work, or part of any work in connection with the construction or removal of apparatus, that work, instead of being executed by the statutory undertaker, must be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the statutory undertaker.

(6) Nothing in sub-paragraph (5) is to authorise the undertaker to execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or execute any filling around the apparatus (where the apparatus is laid in a trench) within 300 millimetres of the apparatus.

5.—(1) Not less than 28 days before starting the execution of any works of the type referred to in paragraph 4(2) that are near to, or will or may affect, any apparatus the removal of which has not been required by the undertaker under that paragraph, the statutory undertaker must submit to the undertaker in question a plan, section and description of the works to be executed.

(2) Those works must be executed only in accordance with the plan, section and description submitted under sub-paragraph (1) and in accordance with such reasonable Requirements as may be made in accordance with sub-paragraph (3) 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 shall be entitled to watch and inspect the execution of those works.

(3) Any Requirements made by a statutory undertaker under sub-paragraph (2) must be made within a period of 21 days beginning with the date on which a plan, section and description under sub-paragraph (1) are submitted to it.

(4) If a statutory undertaker in accordance with sub-paragraph (3) 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, sub-paragraphs (1) to (4) are to apply as if the removal of the apparatus had been required by the undertaker under paragraph 4(2).

(5) Nothing in this paragraph is to preclude the undertaker from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any works, a new plan, section and description instead of the plan, section and description previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan, section and description.

(6) The undertaker is not to be required to comply with sub-paragraph (1) in a case of emergency but in that case it must give to the statutory undertaker in question notice as soon as is reasonably practicable and a plan, section and description of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (2) in so far as is reasonably practicable in the circumstances.

6.—(1) Subject to the following provisions of this paragraph, the undertaker must repay to a statutory undertaker the proper and reasonable expenses reasonably incurred by that statutory undertaker in, or in connection with, the inspection, removal, alteration or protection of any apparatus.

(2) There is to be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Part of this Schedule, that value being calculated after removal.

(3) If in accordance with the provisions of this Part of this Schedule—

(a) apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or

(b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 35 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the statutory undertaker in question by virtue of sub-paragraph (1) is to be reduced by the amount of that excess.

(4) For the purposes of sub-paragraph (3)—

(a) an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and

(b) where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be treated as if it also had been agreed or had been so determined.

(5) An amount which apart from this sub-paragraph would be payable to a statutory undertaker in respect of works by virtue of sub-paragraph (1) is to, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the statutory undertaker any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

PART 2 For the protection of National Grid Gas plc and National Grid Electricity Transmission Plc

Application

1.  For the protection of the protected persons referred to in this part of this Schedule the following provisions shall have effect, unless otherwise agreed in writing between the undertaker and the protected person concerned.

Interpretation

2.  In this Part of this Schedule—

“apparatus” means—

(a)

in the case of an electricity protected person, electric lines or electrical plant as defined in the 1989 Act, belonging to or maintained by that protected person;

(b)

in the case of a gas protected person, any mains, pipes or other apparatus belonging to or maintained by a gas transporter for the purposes of gas supply;

“authorised works” has the same meaning as in Schedule 1 (authorised development) of this Order;

“commencement” has the same meaning as in paragraph 1 of Schedule 3 (Requirements) and commence shall be construed to have the same meaning;

“functions” includes powers and duties;

“ground mitigation scheme” means a scheme approved by the protected person (such approval not to be unreasonably withheld or delayed) setting out the necessary measures (if any) for a ground subsidence event;

“ground monitoring scheme” means a scheme for monitoring ground subsidence appropriate for the nature of the works which sets out the apparatus which is to be subject to such monitoring, the extent of land to be monitored, the manner in which ground levels are to be monitored, the timescales of any monitoring activities and the extent of ground subsidence which, if exceeded, shall require the undertaker to submit for the protected person’s approval a ground mitigation scheme;

“ground subsidence event” means any ground subsidence identified by the monitoring activities set out in the ground monitoring scheme that has exceeded the level described in the ground monitoring scheme as requiring a ground mitigation scheme;

“in” in a context referring to apparatus in land includes a reference to apparatus under, over, across, along or upon such land;

“maintain” and “maintenance” shall include the ability and right to do any of the following in relation to any apparatus of the protected person including construct, use, repair, alter, inspect, renew or remove the apparatus;

“plan” or “plans” include all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe and assess the works to be executed;

“protected person” means means—

(c)

any licence holder within the meaning of Part 1 of the 1989 Act; and

(d)

a gas transporter within the meaning of Part 1 of the Gas Act 1986(3);

“specified works” means any of the authorised works that are works referred to in paragraph 8 of “Specification for safe working in the vicinity of National Grid, High pressure Gas pipelines and associated installation Requirements for third parties T/SP/SSW/22”.

3.  Except for paragraphs 5 and 6 (retained apparatus: protection),7 (expenses) and 8 (indemnity) this Schedule does not apply to apparatus in respect of which the relations between the undertaker and the protected person are regulated by the provisions of Part 3 of the 1991 Act.

Acquisition of land

4.  Regardless of any provision in this Order or anything shown on the land plans or contained in the book of reference, the undertaker shall not acquire any land interest or apparatus or override any easement or other interest of the protected person otherwise than by agreement.

Retained apparatus—Protection—Gas Protected Persons

5.—(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, or where construction access is to be taken over, any apparatus the undertaker shall submit to the protected persons in question a plan.

(2) In relation to works or construction access which will or may be situated on, over, under or within 15 metres measured in any direction of any apparatus, or (wherever situated) impose any load directly upon any apparatus or involve embankment works within 15 metres of any apparatus, or works that are specified works, the plan to be submitted to the protected person under sub-paragraph (1) shall be detailed including a method statement and describing—

(a) the exact position of the works or access route;

(b) the level at which these are proposed to be constructed or renewed;

(c) the manner of their construction or renewal including details of excavation, positioning of plant etc;

(d) the position of all apparatus;

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

(f) intended maintenance regimes; and

(g) a ground monitoring scheme.

(3) The undertaker shall not commence any works to which sub-paragraph (2) applies until the protected person has given written approval of the plan so submitted.

(4) Any approval of the protected person required under sub-paragraph (2)—

(a) may be given subject to reasonable conditions for any purpose mentioned in sub-paragraph (5) or (7);

(b) shall not be unreasonably withheld.

(5) In relation to a work to which sub-paragraph (2) applies, the protected person may require such modifications to be made to the plans 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.

(6) Works executed under this Order shall be executed only in accordance with the plan, submitted under sub-paragraph (1) or as relevant sub paragraph (4), as amended from time to time by agreement between the undertaker and the protected person and in accordance with such reasonable Requirements as may be made in accordance with sub-paragraph (5) or (7) by the undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the protected person shall be entitled to watch and inspect the execution of those works.

(7) Where protected persons require any protective works to be carried out either themselves or by the undertaker (whether of a temporary or permanent nature) such protective works shall be carried out to the protected persons’ satisfaction prior to the commencement of any authorised works (or any relevant part thereof) and the protected persons shall give 56 days’ notice of such works from the date of submission of a plan in line with sub-paragraph (1) or (4) (except in an emergency).

(8) If a protected person in accordance with sub-paragraph (5) or (7) 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 1 to 3 and 6 to 8 shall apply as if the removal of the apparatus had been required by the undertaker under paragraph 7(2).

(9) Nothing in this paragraph shall preclude 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 having done so the provisions of this paragraph shall apply to and in respect of the new plan.

(10) The undertaker shall not be 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 it shall give to the protected person in question notice as soon as is reasonably practicable and a plan of those works and shall—

(a) comply with sub-paragraph (5), (6) and (7) insofar as is reasonably practicable in the circumstances; and

(b) comply with sub-paragraph (11) at all times.

(11) At all times when carrying out any works authorised under the Order comply with National Grid’s policies for safe working in proximity to gas apparatus “Specification for safe working in the vicinity of National Grid, High pressure Gas pipelines and associated installation Requirements for third parties T/SP/SSW22” and HSE’s “HS(G)47 Avoiding Danger from underground services”.

(12) As soon as reasonably practicable after any ground subsidence event attributable to the authorised works the undertaker shall implement an appropriate ground mitigation scheme save that the protected person retains the right to carry out any further necessary protective works for the safeguarding of its apparatus and can recover any such costs in line with paragraph 7.

Retained apparatus—Protection—Electricity Undertakers

6.—(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, or where construction access is to be taken over, any apparatus the undertaker shall submit to the protected person in question a plan and seek from National Grid details of the underground extent of their electricity tower foundations.

(2) In relation to works or construction access which will or may be situated on, over, under or within (i) 15 metres measured in any direction of any apparatus, or (ii) involve embankment works within 15 metres of any apparatus, the plan to be submitted to the protected person under sub-paragraph (1) shall be detailed including a method statement and describing—

(a) the exact position of the works or access route;

(b) the level at which these are proposed to be constructed or renewed;

(c) the manner of their construction or renewal including details of excavation, positioning of plant;

(d) the position of all apparatus;

(e) by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus; and

(f) a ground monitoring scheme.

(3) In relation to any works which will or may be situated on, over, under or within 10 metres of any part of the foundations of an electricity tower or between any two or more electricity towers, the plan to be submitted to the protected person under sub-paragraph (1) shall be detailed including a method statement and describing in addition to the matters set out in sub-paragraph (2) —

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

(b) demonstration that pylon foundations will not be affected prior to, 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’s engineers.

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

(4) The undertaker shall not commence any works to which sub-paragraph (2) or (3) apply until the protected person has given written approval of the plan so submitted.

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

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

(b) shall not be unreasonably withheld.

(6) In relation to a work to which sub-paragraph (2) or (3) apply, the protected person may require such modifications to be made to the plans 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 shall be executed only in accordance with the plan, submitted under sub-paragraph (1) or as relevant sub-paragraph (5), as amended from time to time by agreement between the undertaker and the protected person in accordance with such reasonable Requirements as may be made in accordance with sub-paragraph (6) or (8) by the protected person for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the protected person shall be entitled to watch and inspect the execution of those works.

(8) Where protected persons require any protective works to be carried out either themselves or by the promoter (whether of a temporary or permanent nature) such protective works shall be carried out to the protected persons’ satisfaction prior to the commencement of any authorised works (or any relevant part thereof) and the protected persons shall give 56 days’ notice of such works from the date of submission of a plan in line with sub-paragraph (1) or (5) (except in an emergency).

(9) Nothing in this paragraph shall preclude 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 having done so the provisions of this paragraph shall apply to and in respect of the new plan.

(10) The undertaker shall not be 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 it shall give to the protected person in question notice as soon as is reasonably practicable and a plan of those works and shall—

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

(b) comply with sub-paragraph (11) at all times.

(11) At all times when carrying out any works authorised under the Order comply with National Grid’s policies for development near over headlines EN43-8 and HSE’s guidance note 6 “Avoidance of Danger from Overhead Lines”.

(12) As soon as reasonably practicable after any ground subsidence event attributable to the authorised works the undertaker shall implement an appropriate ground mitigation scheme save that the protected person retains the right to carry out any further necessary protective works for the safeguarding of its apparatus and can recover any such costs in line with paragraph 7.

Expenses

7.—(1) Subject to the following provisions of this paragraph, the undertaker shall pay to a protected person on demand all charges, costs and expenses reasonably anticipated or incurred by that protected person in, or in connection with, the inspection, or protection of any apparatus of any such works as are referred to in this Schedule including without limitation—

(a) the cutting off of any apparatus from any other apparatus;

(b) the approval of plans;

(c) the carrying out of protective works (including but not limited to cathodic protection) plus a capitalised sum to cover the cost of maintaining and renewing permanent protective works;

(d) the survey of any land, apparatus or works, the inspection and monitoring of works or the installation or removal of any temporary works reasonably necessary in consequence of the execution of any such works referred to in this Schedule.

(2) There shall be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Schedule, that value being calculated after removal.

(3) An amount which apart from this sub-paragraph would be payable to a protected person in respect of works by virtue of sub-paragraph (1) shall, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the protected person any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

Indemnity

8.—(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any such works authorised by this Schedule or in direct consequence of the construction, use, maintenance or failure of any of the authorised development by or on behalf of the undertaker or in consequence of any act or default of the undertaker (or any person employed or authorised by him) in the course of carrying out such works, including without limitation works carried out by the undertaker under this Schedule or any subsidence resulting from any of these works), any damage is caused to any apparatus or property of a protected person, or there is any interruption in any service provided, or in the supply of any goods, by any protected person, or the protected person becomes liable to pay any amount to any third party, the undertaker shall—

(a) bear and pay on demand the cost reasonably incurred by that protected person in making good such damage or restoring the supply; and

(b) indemnify that protected person for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from the protected person, by reason or in consequence of any such damage or interruption or the protected person becoming liable to any third party as aforesaid.

(2) The fact that any act or thing may have been done by a protected person on behalf of the undertaker or in accordance with a plan approved by a protected person or in accordance with any Requirement of a protected person or under its supervision shall not (subject to sub-paragraph (3), excuse the undertaker from liability under the provisions of this sub-paragraph (1)).

(3) Nothing in sub-paragraph (1) shall impose any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the neglect or default of a protected person, its officers, servants, contractors or agents.

(4) A protected person shall give the undertaker reasonable notice of any such claim or demand and no settlement or compromise shall be made without first consulting the undertaker and considering its representations.

Enactments and agreements

9.  Nothing in this part of this Schedule shall affect the provisions of any enactment or agreement regulating the relations between the undertaker and a protected person in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.

Co-operation

10.  Where in consequence of the proposed construction of any of the authorised development a protected person makes Requirements for the protection or alteration of apparatus under paragraphs 5 and/or 6 the undertaker shall use all reasonable endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe and efficient operation of the protected person’s undertaking and each protected person shall use all reasonable endeavours to co-operate with the undertaker for that purpose.

Access

11.  If in consequence of the agreement reached in accordance with paragraph 4 or the powers granted under this Order the access to any apparatus is materially obstructed, the undertaker shall provide such alternative means of access to such apparatus as will enable the protected person to maintain or use the apparatus no less effectively than was possible before such obstruction.

Arbitration

12.  Any difference or dispute arising between the undertaker and a protected person under this Schedule shall, unless otherwise agreed in writing between the undertaker and that protected person, be determined by arbitration in accordance with article 35 (arbitration).

PART 3 For the protection of Dwr Cymru Cyfyngedig

1.  For the protection of DCC referred to in this Part 3 of Schedule 9, the following provisions shall, unless otherwise agreed in writing between the undertaker and DCC, have effect.

2.  In this Part of this Schedule—

“accessories” has the same meaning as that set out in section 219 WIA 1991 but shall also include any feature or aspect of a design that is intended to receive or facilitate the receipt of rainwater or surface water and which is part of a sustainable drainage system;

“DCC apparatus” means all apparatus or accessories vested in or belonging to DCC for the purpose of carrying on its statutory undertaking including reservoirs, water treatment works and waste water treatment works;

“clearance area” means the area of land—

(a)

within 3 metres either side of the centre line of any public sewer or public water main that is less than 300mm in diameter;

(b)

within 6 metres either side of a public sewer or public water main where the public sewer or public water main is between 300mm and 600mm in diameter ;

(c)

within 9 metres either side of the centre line of a rising main; and

(d)

applicable for any strategic asset crossing site.

“DCC” means Dŵr Cymru Cyfyngedig, a limited company registered in Wales under Company No. 2366777 and having its registered office at Pentwyn Road, Nelson, Treharris, Mid Glamorgan CF46 6LY or its properly authorised agents or sub-contractors;

“draft specification” means a detailed plan, cross- section and description of the works to be prepared by the undertaker (including, without limitation, a method statement and risk assessment setting out the intention in respect of the works, construction methods and programmes, position of the affected DCC apparatus and intended works and a statement that to the best of the undertaker’s knowledge, and having used all reasonable care and skill to plan the works, the works shall not cause damage to the DCC apparatus);

“functions” has the same meaning as in section 219 WIA 1991 and includes powers and duties;

“in” in a context referring to DCC apparatus in land includes a reference to DCC apparatus under, over or upon land;

“sustainable drainage system” means any structure designed to receive rainwater and other surface water which structure shall include any feature or aspect of design that is intended to receive or facilitate the receipt of rainwater except a public sewer or a natural watercourse;

“WIA 1991” means the Water Industry Act 1991(4); and

“works” means any works forming part of the authorised development in, on, over or under any land purchased, held, or used under this Order that are near to, or will or may in any way affect any DCC apparatus together with all ancillary actions relating hereto; and

for the avoidance of doubt, all other terms are as defined in Article 2 of this Order.

3.—(1) Regardless of any provision in this Order or anything shown on the land plans or contained in the book of reference, the undertaker shall not acquire any DCC apparatus or its accessories or override or extinguish any easement or other interest of DCC or acquire any land or other interest of DCC identified in the book of reference or create any new rights over the same otherwise than by agreement with DCC in accordance with the provisions of this Schedule.

(2) Sub-paragraph (1) does not apply to the powers conferred on the undertaker by this Order to interfere temporarily with DCC’s rights to access DCC apparatus or accessories but subject always to paragraphs 7 and 8 of this Part and to the undertaker giving DCC 28 days’ notice of such interference.

Precedence of the Water Industry Act 1991

4.—(1) Regardless of any provision of this Order and this Schedule the undertaker shall comply fully with all provisions of the WIA 1991 in relation to any use of, any connection with or any actions or omissions which in any way affect the DCC apparatus and nothing in this Order shall release the undertaker from the Requirement to comply with the provisions of the WIA 1991 in relation to any use of, any connection with or any actions or omissions which in any way affect the DCC apparatus, including without limitation—

(a) sections 41-44 of the WIA 1991 in respect of water main requisitions;

(b) section 45 of the WIA 1991 in respect of any connections to a water main;

(c) sections 98-101 of the WIA 1991 in respect of sewer requisitions;

(d) section 102 of the WIA 1991 in respect of the adoption of sewers and disposal works;

(e) section 104 of the WIA 1991 in respect of the adoption of any sewers, drains or sewage disposal works as part of the development;

(f) sections 106 to 109 of the WIA 1991 (inclusive) in respect of any connections to public sewers;

(g) section 111 of the WIA 1991 in respect of the restrictions on use of public sewers;

(h) sections 158 and 159 of the WIA 1991 in respect of statutory rights of access to DCC apparatus;

(i) section 174 of the WIA 1991 in respect of offences of interference with works etc;

(j) section 178 of the WIA 1991 in respect of obstruction of sewerage works etc; and

(k) section 185 of the WIA 1991 in respect of the removal, diversion or alteration of DCC apparatus.

(2) The arbitration provisions at article 35 or specified in this Schedule shall not apply where DCC uses a warrant of entry in accordance with the provisions of the WIA 1991.

Protection of DCC apparatus

5.—(1) Not less than 28 days before starting the execution of any works that are within the clearance area or will, or could reasonably foreseeably affect, any DCC apparatus the removal or alteration of which has not been required by the undertaker under paragraph 4(k), the undertaker shall submit to DCC written notice together with a draft specification.

(2) DCC shall examine the draft specification submitted under sub-paragraph 5(1) and give its written consent or proposed amendments (each not to be unreasonably withheld or delayed) to the draft specification (including the proposed commencement date and anticipated completion date) within 28 days from the date of receipt (and in the event of amendments the process in this sub-paragraph 5(2) shall be repeated where those amendments are not accepted). For the avoidance of doubt, DCC’s proposed amendments may include such reasonable Requirements for the alteration (including but not limited to the extension of DCC apparatus) or otherwise for the protection of DCC apparatus, or for securing access to it.

(3) Once approved under sub-paragraph 5(2), the draft specification shall become the specification and the works shall be executed only in accordance with the specification and such reasonable Requirements as may be made in accordance with sub‑paragraph 5(2) and DCC shall be entitled to watch and inspect the execution of those works.

(4) Nothing in this paragraph 5 shall preclude the undertaker from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any works, a draft specification instead of the draft specification previously submitted, and having done so the provisions of this paragraph 5 shall apply to and in respect of the new draft specification.

(5) The undertaker shall not be required to comply with sub-paragraph 5(1) in a case of emergency provided it has complied with paragraph 8 below save that the undertaker shall comply with sub-paragraphs 5(1) and (3) above in so far as is reasonably practicable in the circumstances.

(6) DCC may opt to carry out any temporary and/or protective works specified under sub-paragraph 5(2) to DCC apparatus, and if DCC opts to do so it shall—

(a) agree the scope and timings of the works with the undertaker (and the undertaker shall not unreasonably withhold or delay its agreement to the same);

(b) provide an invoice together with supporting evidence of the estimated costs of the works on the basis of which it shall agree with undertaker the reasonable costs of the works to be met by the undertaker;

(c) following agreement and payment of the costs, DCC shall as soon as reasonably practicable carry out and complete the works; and

(d) notify the undertaker immediately in writing upon completion of the temporary and/or protective works.

(7) Only those contractors that satisfy DCC’s reasonable health and safety Requirements are permitted to make openings into and/or connections with and/or carry out any works on or within any public sewer or drain vested in DCC unless otherwise agreed with DCC.

(8) Only DCC is permitted to make openings into and/or connections with and/or carry out any works on or within any public water main vested in DCC unless otherwise agreed with DCC.

(9) Where DCC apparatus will be affected by the works the undertaker must determine the exact location of DCC apparatus prior to any works being carried out by the undertaker and the undertaker should contact DCC where trial holes are required at the undertaker’s expense.

(10) Any affected DCC apparatus which is no longer required by DCC but is not removed shall be transferred to the undertaker by way of a deed of transfer from DCC at the undertaker’s expense and on such terms as DCC reasonably requires.

Suspension of works

6.—(1) DCC shall be entitled to instruct the undertaker to suspend the works if in DCC’s reasonable opinion the actions of the undertaker, or those of its contractor(s) or subcontractor(s) in carrying out the works, have caused damage to any DCC apparatus and/or are likely to cause or result in damage to any DCC apparatus and/or have caused or are likely to cause damage to the environment arising as a result of damage to DCC apparatus. In the event of such instruction being given by DCC—

(a) the undertaker shall procure that it and its contractor(s) and subcontractor(s) shall forthwith suspend or cease the works having due regard to health and safety factors and shall discuss and agree with DCC the remedial actions required prior to resuming the works;

(b) the undertaker and DCC shall act reasonably and without delay in discussing and agreeing any remedial actions required prior to resuming the works;

(c) DCC shall submit to the undertaker within 5 days following the suspension, a written notice specifying the reasons for suspending the works;

(d) in the event that DCC fails to supply the written notice within 5 days of suspension DCC’s instruction to suspend the works shall be void and the undertaker shall be entitled to recommence the works; and

(e) DCC shall commence, carry out and complete any remedial works pursuant to sub-paragraph 6(1), as soon as reasonably practicable and DCC shall give the undertaker notice immediately upon completion of such remedial works and on receipt of such notice the undertaker shall be entitled to resume the works.

(2) DCC shall be entitled to reclaim all reasonable costs of all remedial works undertaken in accordance with this paragraph 6.

7.—(1) In the event that either the undertaker or DCC (for the purpose of this paragraph 7 “the party” or together “the parties”) wishes to take any action which would impact on the ability of the undertaker to carry out the development or DCC to carry out its statutory functions, the parties shall use reasonable endeavours to cooperate with one another in order to align work streams so to minimise or avoid disruption to the other party’s works. In respect of the references to ‘work’ and ‘works’ in this sub-paragraph 7(1), to the extent that this refers to ‘work’ or ‘works’ to be undertaken by DCC, the definition of works in paragraph 2 of this Part does not apply.

(2) Subject to paragraph 8, differences or disputes arising between the undertaker and DCC under this Schedule shall, unless otherwise agreed in writing between the undertaker and DCC, be determined by arbitration in accordance with article 35 (arbitration) of the Order.

Emergency Works

8.—(1) The undertaker is permitted to carry out emergency works provided that it first notifies DCC of the proposed emergency works.

(2) DCC shall at all times be permitted to carry out any emergency works in relation to its DCC apparatus within the Order Limits in accordance with Part II Schedule 6 WIA 1991.

(3) Emergency works required in order for DCC to fulfil its statutory functions under sub-paragraph 8(2) shall take precedence over works to be carried out by the undertaker and, in such circumstances, the undertaker shall reschedule its works accordingly.

(4) In respect of the references to ‘work’ and ‘works’ in this paragraph 8, to the extent that this is ‘work’ or ‘works’ to be undertaken by DCC, the definition of works in paragraph 2 of this Part does not apply.

PART 4 For the protection of Wales and West Utilities Limited

Application

1.  For the protection of the protected person referred to in this part of this Schedule the following provisions shall, unless otherwise agreed in writing between the undertaker and the protected person, have effect.

Interpretation

2.  In this Part of this Schedule—

“acceptable insurance” means third party liability insurance effected and maintained by the undertaker with a limit of indemnity of not less than £10,000,000 (Ten Million Pounds) per occurrence or series of occurrences arising out of one event. Such insurance shall be maintained for the entire construction period of the authorised works;

“apparatus” means in the case of the protected person, any mains, pipes or other apparatus belonging to or maintained by a gas transporter for the purposes of gas supply;

“authorised works” has the same meaning as in Schedule 1 (authorised development) of this Order;

“commencement” has the same meaning as in paragraph 1 of Schedule 3 (Requirements) and commence shall be construed to have the same meaning;

“functions” includes powers and duties;

“in” in a context referring to apparatus in land includes a reference to apparatus under, over, across, along or upon such land;

“maintain” and “maintenance” shall include the ability and right to do any of the following in relation to any apparatus of the protected person including construct, use, repair, alter, inspect, renew or remove the apparatus;

“plan” or “plans” include all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe and assess the works to be executed;

“protected person” means Wales and West Utilities Limited, a limited company registered under Company No 05046791 and having its registered office at Wales & West House, Spooner Close Coedkernew, Newport, South Wales NP10 8FZ, being a gas transporter within the meaning of Part 1 of the Gas Act 1986; and

3.  Except for paragraphs 5 (retained apparatus: Protection Gas Undertakers) and 6 (expenses) this Schedule does not apply to apparatus in respect of which the relations between the undertaker and the protected person are regulated by the provisions of Part 3 of the 1991 Act.

Acquisition of Land

4.  Regardless of any provision in this Order or anything shown on the land plans or contained in the book of reference to the Order, the undertaker shall not acquire any land interest or apparatus or override any easement or other interest of the protected person otherwise than by agreement.

Retained apparatus: Protection: Protected Persons

5.—(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 undertaker shall submit to the protected person in question a plan.

(2) In relation to works which will or may be situated on, over, under or within 15 metres measured in any direction of any apparatus, or (wherever situated) impose any load directly upon any apparatus or involve embankment works within 15 metres of any apparatus, the plan to be submitted to the protected person under sub-paragraph (1) shall be detailed including a method statement and describing—

(a) the exact position of the works;

(b) the level at which these are proposed to be constructed or renewed;

(c) the manner of their construction or renewal including details of excavation, positioning of plant etc;

(d) the position of all apparatus;

(e) by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus; and

(f) intended maintenance regimes.

(3) The undertaker shall not commence any works to which sub-paragraph (2) applies until the protected person has given written approval of the plan so submitted.

(4) Any approval of the protected person required under sub-paragraph (2)—

(a) may be given subject to reasonable conditions for any purpose mentioned in sub-paragraph (5) or (7);

(b) shall not subject to sub-paragraph 4(a) be unreasonably withheld.

(5) In relation to a work to which sub-paragraph (2) applies, the protected person may require such modifications to be made to the plans 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.

(6) Works executed under this Order shall be executed only in accordance with the plan, submitted under sub-paragraph (1) or as relevant sub paragraph (4), as amended from time to time by agreement between the undertaker and the protected person and in accordance with such reasonable Requirements as may be made in accordance with sub-paragraph (5) or (7) by the protected person for the protection of the apparatus, for securing access to the apparatus, and the protected person shall be entitled to watch and inspect the execution of this works.

(7) Where protected persons require any protective works to be carried out either themselves or by the undertaker (whether of a temporary or permanent nature) such protective works shall be carried out to the protected persons’ satisfaction prior to the commencement of any authorised works (or any relevant part thereof) and the protected person shall give 56 days’ notice of such works from the date of submission of a plan in line with sub-paragraph (1) or (4) (except in an emergency).

(8) If the protected person in accordance with sub-paragraph (5) or (7) 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 1 to 3 and 6 to 8 shall apply as if the removal of the apparatus had been required by the undertaker under paragraph (7).

(9) Nothing in this paragraph shall preclude 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 having done so the provisions of this paragraph shall apply to and in respect of the new plan.

(10) The undertaker shall not be 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 it shall give to the protected person in question notice as soon as is reasonably practicable and a plan of those works and shall—

(a) comply with sub-paragraph (5), (6) and (7) insofar as is reasonably practicable in the circumstances; and

(b) comply with sub-paragraph (11) at all times.

(11) At all times when carrying out any works authorised under the Order comply with Wales and West Utilities Limited’s policies for safe working in proximity to gas apparatus “Specification for safe working in the vicinity of pipelines and associated installation operating above 2 BAR’s” and HSE’s “HSG47 Avoiding Danger from underground services”.

Expenses

6.—(1) Subject to the following provisions of this paragraph, the undertaker shall pay to the protected person on demand all charges, costs and expenses reasonably committed or incurred by the protected person in, or in connection with, the inspection, removal, alteration, relaying or replacing or protection of any apparatus or the construction of any new apparatus which may be required as a direct consequence of the execution of any such works as are referred to in this Schedule including without limitation—

(a) the cutting off of any apparatus from any other apparatus;

(b) the approval of plans;

(c) the carrying out of protective works (including any temporary protective works and their removal);

(d) the survey of any land, apparatus or works, the inspection and monitoring of works or the installation or removal of any temporary works reasonably necessary in consequence of the execution of any such works referred to in this Schedule.

(2) The undertaker shall not be liable to the protected person pursuant to paragraph (1) unless the protected person has submitted to and agreed with the undertaker details of the works required unless such works are required in an emergency.

(3) An amount which apart from this sub-paragraph would be payable to the protected person in respect of works by virtue of sub-paragraph (1) shall, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the protected person any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

Indemnity

7.—(1) If by reason or in consequence of the construction of any such works authorised by this Order or in consequence of the construction, use, maintenance or failure of any of the authorised works by or on behalf of the undertaker or in consequence of any act or default of the undertaker (or any person employed or authorised by him) in the course of carrying out such works, including without limitation works carried out by the undertaker under this Order or any subsidence resulting from any of these works), any damage is caused to any apparatus or property of the protected person, or there is any interruption in any service provided, or in the supply of any goods, by any protected person, or the protected person becomes liable to pay any amount to any third party, the undertaker shall—

(a) bear and pay on demand the cost reasonably incurred by the protected person in making good such damage or restoring the supply; and

(b) indemnify the protected person for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from the undertaker, by reason or in consequence of any such damage or interruption or the protected person becoming liable to any third party as aforesaid.

(2) The fact that any act or thing may have been done by a protected person on behalf of the undertaker or in accordance with a plan approved by a protected person or in accordance with any Requirement of the protected person or under its supervision shall not, excuse the undertaker from liability under the provisions of sub-paragraph (1) except where such act or thing done has been done as a result of the negligence of the protected person.

(3) The protected person shall give the undertaker reasonable notice of any such claim or demand and no settlement or compromise shall be made without first consulting the undertaker and taking into account its representations.

(4) Not commence construction (and not to permit the commencement of such construction) of the authorised works on any land either owned by the protected person in respect of which the protected person has an easement or wayleave for their Apparatus or any other interest or to carry out any works within 15 metres of the protected person’s Apparatus unless and until the protected person is satisfied acting reasonably (but subject to all necessary regulatory constraints) that the undertaker has procured acceptable insurance (and provided evidence to the protected person that it shall maintain such acceptable insurance for the construction period of the authorised works from the proposed date of commencement of construction of the authorised works) and the protected person has confirmed the same in writing to the undertaker.

(5) Notwithstanding any other provision in this Schedule and or the provisions of sub-paragraph 7(2) of this Schedule and for the avoidance of doubt, the protected person shall not be deemed whether by admission, approval, consent, confirmation, acknowledgement, inspection or otherwise to have assumed any responsibility for the plan or any authorised works (without limitation) carried out or to be carried out nor shall the protected person be deemed to have accepted, acknowledged or given or made any representation that the authorised works shall not cause any damage to any Apparatus.

Enactments and agreements

8.  Nothing in this part of this Schedule shall affect the provisions of any enactment or agreement regulating the relations between the undertaker and a protected person in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.

Co-operation

9.  Where in consequence of the proposed construction of any of the authorised works the protected person makes Requirements for the protection or alteration of apparatus under paragraphs 5 the undertaker shall use all reasonable endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe and efficient operation of the protected person’s undertaking and the protected person shall use all reasonable endeavours to co-operate with the undertaker for that purpose.

Access

10.  If in consequence of the powers granted under this Order the access to any apparatus is materially obstructed, the undertaker shall provide such alternative means of access to such apparatus as will enable the protected person to maintain or use the apparatus no less effectively than was possible before such obstruction.

Arbitration

11.  Any difference or dispute arising between the undertaker and the protected person under this Schedule shall, unless otherwise agreed in writing between the undertaker and the protected person, be determined by arbitration in accordance with article 35 (arbitration).

PART 5 For the protection of operators of electronic communications code networks

1.  For the protection of any operator, the following provisions are to have effect, unless otherwise agreed in writing between the undertaker and the operator.

2.  In this Part of this Schedule—

“the 2003 Act” means the Communications Act 2003(5);

“conduit system” has the same meaning as in the electronic communications code and references to providing a conduit system are to be construed in accordance with paragraph 1(3A) of that code;

“electronic communications apparatus” has the same meaning as in the electronic communications code;

“the electronic communications code” has the same meaning as in Chapter 1 of Part 2 of the 2003 Act;

“electronic communications code network” means—

(a)

so much of an electronic communications network or conduit system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 of the 2003 Act; and

(b)

an electronic communications network which the Secretary of State is providing or proposing to provide;

“electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106 of, or paragraph 17 of Schedule 18 to, the 2003 Act; and

“operator” means the operator of an electronic communications code network.

3.  The exercise of the powers of article 30 (statutory undertakers) are subject to paragraph 23 of Schedule 2 to the Telecommunications Act 1984(6).

4.—(1) Subject to sub-paragraphs (2) and (3), if as the result of the authorised development or their construction, or of any subsidence resulting from any of those works any damage is caused to any electronic communications apparatus belonging to an operator (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works, or other property of an operator) the undertaker must bear and pay the cost reasonably and properly incurred by the operator in making good such damage.

(2) Nothing in sub-paragraph (1) is to impose any liability on the undertaker with respect to any damage to the extent that it is attributable to the act, neglect or default of an operator, its officers, servants, contractors or agents.

(3) Any difference arising between the undertaker and the operator under this paragraph is to be referred to and settled by arbitration under article 35 (arbitration).

5.  This Part of this Schedule does not apply to—

(a) any apparatus in respect of which the relations between the undertaker and an operator are regulated by the provisions of Part 3 of the 1991 Act; or

(b) any damage caused by electro-magnetic interference arising from the construction or use of the authorised development.

6.  Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and an operator in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.

Article 36

SCHEDULE 10 Discharge of Requirements

Applications made under Requirement

1.  Where an application has been made to the relevant planning authority for any agreement or approval required pursuant to a Requirement included in this Order, the relevant planning authority must give notice to the undertaker of their decision including the reasons on the application, within a period of 8 weeks beginning with—

(a) the day immediately following that on which the application is received by the authority; or

(b) such longer period as may be agreed by the undertaker and the relevant planning authority.

Further information

2.—(1) Where an application has been made under paragraph (1) the relevant planning authority shall have the right to request such reasonable further information from the undertaker as is necessary to enable it to consider the application.

(2) If the relevant planning authority considers further information is needed, and the Requirement does not specify that consultation with a Requirement consultee is required, it must, within 14 business days of receipt of the application, notify the undertaker in writing specifying the further information required.

(3) If the Requirement indicates that consultation must take place with a Requirement consultee the relevant planning authority must issue the consultation to the Requirement consultee within 5 business days of receipt of the application and must notify the undertaker in writing specifying any further information requested by the Requirement consultee within 3 business days of receipt of such a request and in any event within 21 business days of receipt of the application.

(4) In the event that the relevant planning authority does not give such notification as specified in sub-paragraph (2) or (3) it is deemed to have sufficient information to consider the application and is not thereafter entitled to request further information without the prior agreement of the undertaker.

Appeals

3.—(1) The undertaker may appeal in the event that—

(a) the relevant planning authority refuses an application for any consent, agreement or approval required by a Requirement included in this Order or grants it subject to conditions; or

(b) the relevant planning authority does not give notice of its decision to the undertaker within the time period specified in paragraph (1),

and any appeal must be made within 42 business days following the occurrence of any of the events in sub-paragraphs (a) and (b).

(2) In this Schedule—

“appeal parties” means the relevant planning authority, the Requirement consultee and the undertaker; and

“Requirement consultee” means any body named in a Requirement which is the subject of an appeal as a body to be consulted by the relevant planning authority in discharging that Requirement.

Appeal process

4.—(1) Any appeal under this Schedule shall take place by written representations only. The appeal process shall be as follows—

(a) the undertaker must submit to the Secretary of State a copy of the application submitted to the relevant planning authority and any supporting documents which the undertaker may wish to provide (“the appeal documentation”) and must on the same day provide copies of the appeal documentation to the relevant planning authority and any Requirement consultee;

(b) as soon as is practicable after receiving the appeal documentation, the Secretary of State may appoint a person to determine the appeal (“the appointed person”) and shall notify the appeal parties of the identity of the appointed person and the address to which all correspondence for that person’s attention should be sent;

(c) the relevant planning authority and the Requirement consultee (if any) must submit written representations to the appointed person in respect of the appeal within 10 business days of the date on which the appeal parties are notified of the appointed person under paragraph (b) and must ensure that copies of their written representations are sent to each other and to the undertaker on the day on which they are submitted to the appointed person;

(d) the appeal parties must make any counter-submissions to the appointed person within 10 business days of receipt of written representations pursuant to paragraph (c); and

(e) the appointed person shall make a decision and notify it to the appeal parties, with reasons, as soon as practicable.

(2) The appointment of the person pursuant to sub-paragraph (1)(b) may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State.

(3) In the event that the appointed person considers that further information is necessary to enable him to consider the appeal he shall, as soon as practicable, notify the appeal parties in writing specifying the further information required, the party from whom the information is sought and the date by which the information is to be submitted.

(4) Any further information required pursuant to sub-paragraph (3) must be provided to the appointed person and the other appeal parties on or before the date specified by the appointed person. Any written representations concerning matters contained in the further information must be provided to the appointed person and the other appeal parties within 10 business days of that date.

(5) On an appeal under this paragraph, the appointed person may—

(a) allow or dismiss the appeal; or

(b) reverse or vary any part of the decision of the relevant planning authority (whether the appeal relates to that part of it or not),

and may deal with the application as if it had been made to him in the first instance and must state in writing the reasons for any decision.

(6) The appointed person may proceed to a decision on an appeal taking into account only such written representations as have been sent within the time limits set by the appointed person under this paragraph.

(7) The appointed person may proceed to a decision even though no written representations have been made within the relevant time limits, if it appears to him that there is sufficient material to enable a decision to be made on the merits of the case.

(8) The decision of the appointed person on an appeal is final and binding on the parties, and a court may entertain proceedings for questioning the decision only if the proceedings are brought by a claim for judicial review.

(9) If an approval is given by the appointed person pursuant to this Schedule, it is deemed to be an approval for the purpose of Schedule 3 to this Order as if it had been given by the relevant planning authority.

(10) Save where a direction is given pursuant to sub-paragraph (11) requiring the costs of the appointed person to be paid by the relevant planning authority, the reasonable costs of the appointed person must be met by the undertaker.

(11) On application by the relevant planning authority or the undertaker, the appointed person may give directions as to the costs of the appeal parties and as to the parties by whom the costs of the appeal are to be paid. In considering whether to make any such direction and the terms on which it is to be made, the appointed person is to have regard to Communities and Local Government Circular 03/2009 or any circular or guidance which may from time to time replaces it.

Fees

5.—(1) Where an application is made to the relevant planning authority for agreement or approval in respect of a Requirement a fee equivalent to the fee for the discharge of a planning condition, if applicable at the time of the application, is to be paid to it.

(2) Any fee paid under this Schedule must be refunded to the undertaker within 4 weeks of—

(a) the application being rejected as invalidly made; or

(b) the relevant planning authority failing to determine the application within the period determined under sub-paragraph (1), unless within that period the undertaker agrees in writing that the fee is to be retained by the relevant planning authority and credited in respect of a future application.

Article 32

SCHEDULE 11 Removal of important hedgerows

(1)Area	(2) Number of important hedgerow as identified on the trees and hedgerows with the potential to be affected plans
In the County of Carmarthenshire	H1
In the County of Carmarthenshire	H2
In the County of Carmarthenshire	H3
In the County of Carmarthenshire	H4
In the County of Carmarthenshire	H5
In the County of Carmarthenshire	H6
In the County of Carmarthenshire	H7
In the County of Carmarthenshire	H8

(1)

1973 c. 26.

(2)

1962 c.58.

(3)

1986 c.44.

(4)

1991 c.56.

(5)

2003 c. 21. There are amendments to the Act which are not relevant to this Order.

(6)

1984 c. 12. There are amendments to the Act which are not relevant to this Order.