The Cleve Hill Solar Park Order 2020

PART 5 FOR THE PROTECTION OF BLUE TRANSMISSION LONDON ARRAY LIMITED

Application

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

Interpretation

2.  In this Part of this Schedule—

“agreements” means (i) the Cooperation Agreement and (ii) the Land and Works Agreement in the agreed form, or substantially the same form, as the terms settled between BTLAL and the undertaker on 12 November 2019, or as otherwise agreed in writing between the undertaker and BTLAL;

“apparatus” means the existing cables having transportation of electric power as its primary purpose and any existing associated low voltage, fibre-optic control or communications cable from the London Array offshore windfarm to the BTLAL substation at Cleve Hill near Graveney;

“BTLAL” means Blue Transmission London Array Limited (company number 08275752);

“cable corridor land” means all land in which the apparatus lies as identified on Sheet 3 of the Land Plan labelled 3/05;

“commence” has the same meaning as in article 2 of this Order and commencement must be construed to have the same meaning;

“lenders” means those parties having loaned monies to BTLAL in respect of the apparatus at the time the agreements are entered into.

Agreements

3.  If, at any point during the construction of the development any work is to be undertaken on the cable corridor land the undertaker shall not commence the works unless—

(a) the agreements have been entered into by the undertaker and BTLAL; or

(b) in the event the agreements are not entered into, such alternative protection as determined pursuant to paragraph 5 is in place for the protection of BTLAL.

Co–operation

4.—(1) If reasonable and equitable amendments are required by the lenders, but only where as a consequence of achieving the approval of the agreements from those lenders, the undertaker and BTLAL shall co-operate with each other and at all times act in good faith for the purpose of trying to agree those amendments.

(2) For the avoidance of doubt whenever the undertaker’s or BTLAL’s consent, agreement or approval is required under this Part of this Schedule it must not be unreasonably withheld or delayed.

Arbitration

5.  Any difference or dispute arising between the undertaker and BTLAL under this Part of this Schedule, including but not limited to the terms of the agreements, must, unless otherwise agreed in writing between the undertaker and BTLAL, be determined by arbitration in accordance with article 35 (arbitration).