Exercise of PowersE+W+S
3.—(1) 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 must not acquire any land interest or apparatus under articles 19, 22, 25 or 30 override any easement or other interest of RWE otherwise than by agreement.
(2) Regardless of any provision in this Order and in particular article 37 (Operational land for the purposes of the 1990 Act), no part of the site and the affected highways or streets within the site will become operational land of the undertaker, and nothing under this Order will affect the status of the land in so far as it forms operational land of RWE.
(3) Article 41 (Application of landlord and tenant law) does not apply to any agreement entered into between the undertaker and RWE in relation to the site.
(4) At least 56 days before the undertaker exercises any or all of—
(a)the specified powers in respect of the site and the affected highways or streets within the site; or
(b)the specified powers in respect of the RWE Undertaking (insofar as that Undertaking is located outside of the site); or
(c)the powers referred to in sub-paragraph (6),
the undertaker must submit to RWE details of the works to be undertaken in reliance on those powers.
(5) Any specified powers:
(a)in respect of the site and the affected highways or streets within the site must not be exercised except with the agreement of RWE; and
(b)in respect of the RWE Undertaking (insofar as that Undertaking is located outside of the site) must not be exercised without the undertaker first consulting RWE on the details submitted pursuant to sub-paragraph (4) and taking account of any consultation response.
(6) The undertaker must not exercise the powers conferred by article 3 (Development consent etc. granted by the Order), article 8 (Consent to transfer benefit of Order), 16 (discharge of water) article 20 (statutory authority to override easements and other rights) or article 23 (private rights) in relation to any land in the site without the consent of RWE.
(7) Any agreement or approval or consent to be given by RWE under this paragraph:
(a)must not be unreasonably withheld or delayed; and
(b)may be given subject to such reasonable requirements and/or conditions as RWE may have or consider necessary for the protection of the RWE Undertaking.
(8) If RWE refuses any approval or agreement or consent sought under this paragraph then that refusal must be accompanied by a statement of grounds for refusal.
Commencement Information
I1Sch. 8 Pt. 9 para. 3 in force at 10.3.2022, see art. 1