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The Southampton to London Pipeline Development Consent Order 2020

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  1. Introductory Text

  2. PART 1 PRELIMINARY

    1. 1.Citation and commencement

    2. 2.Interpretation

  3. PART 2 PRINCIPAL POWERS

    1. 3.Development consent etc. granted by the Order

    2. 4.Maintenance of authorised development

    3. 5.Maintenance of drainage works

    4. 6.Limits of deviation

    5. 7.Benefit of Order

    6. 8.Consent to transfer benefit of Order

  4. PART 3 STREETS

    1. 9.Application of the permit schemes

    2. 10.Power to alter layout, etc. of streets

    3. 11.Street works

    4. 12.Application of the 1991 Act

    5. 13.Temporary closure, alteration, diversion or restriction of streets and public rights of way

    6. 14.Use of private roads

    7. 15.Access to works

    8. 16.Traffic regulation

    9. 17.Agreements with street authorities

  5. PART 4 SUPPLEMENTAL POWERS

    1. 18.Discharge of water

    2. 19.Protective work to buildings

    3. 20.Authority to survey and investigate the land

  6. PART 5 POWERS OF ACQUISITION AND POSSESSION OF LAND

    1. 21.Compulsory acquisition of land

    2. 22.Compulsory acquisition of land – incorporation of the mineral code

    3. 23.Compulsory acquisition of rights and restrictive covenants

    4. 24.Time limit for exercise of authority to acquire land compulsorily

    5. 25.Private rights over land

    6. 26.Modification of Part 1 of the 1965 Act

    7. 27.Application of the 1981 Act

    8. 28.Acquisition of subsoil or airspace only

    9. 29.Rights under or over streets

    10. 30.Temporary use of land for carrying out the authorised development

    11. 31.Temporary use of land for maintaining the authorised development

    12. 32.Crown rights

    13. 33.Special category land

    14. 34.Statutory undertakers

    15. 35.Recovery of costs of new connections

  7. PART 6 MISCELLANEOUS AND GENERAL

    1. 36.Disapplication of legislative provisions

    2. 37.Removal of human remains

    3. 38.Application of landlord and tenant law

    4. 39.Operational land for purposes of the Town and Country Planning Act 1990

    5. 40.Planning permission

    6. 41.Defence to proceedings in respect of statutory nuisance

    7. 42.Felling or lopping

    8. 43.Trees subject to Tree Preservation Orders

    9. 44.Protection of interests

    10. 45.Certification of documents, etc.

    11. 46.Service of notices

    12. 47.No double recovery

    13. 48.Arbitration

  8. Signature

  9. SCHEDULES

    1. SCHEDULE 1

      AUTHORISED DEVELOPMENT

    2. SCHEDULE 2

      REQUIREMENTS

      1. PART 1 REQUIREMENTS

        1. 1.Interpretation

        2. 2.Time limits

        3. 3.Stages of authorised development

        4. 4.Scheme design

        5. 5.Code of construction practice

        6. 6.Construction environmental management plan

        7. 7.Construction traffic

        8. 8.Vegetation

        9. 9.Surface and foul water drainage

        10. 10.Contaminated land and groundwater

        11. 11.Archaeology

        12. 12.Landscape and ecological management plan

        13. 13.Protected species

        14. 14.Construction hours

        15. 15.Community engagement plan

        16. 16.Commercial operation of the existing fuel pipeline

        17. 17.Site specific plans

        18. 18.Removal of above-ground infrastructure

        19. 19.Written approval

        20. 20.Amendments to approved details

        21. 21.Anticipatory steps towards compliance with any requirement

        22. 22.Register of requirements

      2. PART 2 PROCEDURE FOR DISCHARGE OF REQUIREMENTS

        1. 23.Applications made under Requirements

        2. 24.Applications involving multiple relevant authorities under Requirements

        3. 25.Further information

        4. 26.Fees

        5. 27.Appeals

        6. 28.Outcome of appeals

        7. 29.In this Part— “the appeal parties” means the relevant authority,...

    3. SCHEDULE 3

      STREETS SUBJECT TO TEMPORARY ALTERATION OF LAYOUT

    4. SCHEDULE 4

      STREETS SUBJECT TO STREET WORKS

    5. SCHEDULE 5

      STREETS OR PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED, ALTERED, DIVERTED OR RESTRICTED

      1. PART 1 STREETS OR PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED, ALTERED, DIVERTED OR RESTRICTED FOR WHICH A DIVERSION IS TO BE PROVIDED

      2. PART 2 STREETS OR PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED, ALTERED, DIVERTED OR RESTRICTED FOR WHICH NO DIVERSION IS TO BE PROVIDED

    6. SCHEDULE 6

      MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS

      1. Compensation enactments

        1. 1.The enactments for the time being in force with respect...

        2. 2.(1) Without limitation on the scope of paragraph 1, the...

        3. 3.(1) Without limitation on the scope of paragraph 1, the...

      2. Application of the 1965 Act

        1. 4.Part 1 (compulsory purchase under Acquisition of Land Act 1946)...

        2. 5.(1) The modifications referred to in paragraph 4 are as...

    7. SCHEDULE 7

      LAND OF WHICH ONLY TEMPORARY POSSESSION MAY BE TAKEN

    8. SCHEDULE 8

      TREES SUBJECT TO TREE PRESERVATION ORDERS

    9. SCHEDULE 9

      PROTECTIVE PROVISIONS

      1. PART 1 FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWAGE UNDERTAKERS

        1. Application

          1. 1.For the protection of the utility undertakers referred to in...

        2. Interpretation

          1. 2.In this Part of this Schedule— “alternative apparatus” means alternative...

        3. On street apparatus

          1. 3.This Part of this Schedule does not apply to apparatus...

        4. Apparatus in stopped up streets

          1. 4.Regardless of the temporary stopping up or diversion of any...

        5. Protective works to buildings

          1. 5.The undertaker, in the case of the powers conferred by...

        6. Acquisition of apparatus

          1. 6.Regardless of any provision in this Order or anything shown...

        7. Removal of apparatus

          1. 7.(1) If, in the exercise of the powers conferred by...

        8. Facilities and rights for alternative apparatus

          1. 8.(1) Where, in accordance with the provisions of this Part...

        9. Retained apparatus

          1. 9.(1) Not less than 28 days before starting the execution...

        10. Expenses and costs

          1. 10.(1) Subject to the following provisions of this paragraph, the...

          2. 11.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        11. Cooperation

          1. 12.Where in consequence of the proposed construction of any of...

          2. 13.Nothing in this Part of this Schedule affects the provisions...

      2. PART 2 FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

        1. Application

          1. 14.For the protection of any operator, the following provisions have...

        2. Interpretation

          1. 15.In this Part of this Schedule— “the 2003 Act” means...

        3. Electronic communications apparatus installed on, under or over any land

          1. 16.The exercise of the powers conferred by article 34 (statutory...

        4. Compensation

          1. 17.(1) Subject to sub-paragraphs (2) to (4), if as the...

      3. PART 3 FOR THE PROTECTION OF RAILWAY INTERESTS

        1. 18.The provisions of this Part have effect unless otherwise agreed...

        2. 19.In this Part— “construction” includes execution, placing, alteration and reconstruction...

        3. 20.(1) Where under this Part Network Rail is required to...

        4. 21.(1) The undertaker must not exercise the powers conferred by—...

        5. 22.(1) The undertaker must before commencing construction of any specified...

        6. 23.(1) Any specified work and any protective works to be...

        7. 24.The undertaker must— (a) at all times afford reasonable facilities...

        8. 25.Network Rail must at all times afford reasonable facilities to...

        9. 26.(1) If any permanent or temporary alterations or additions to...

        10. 27.The undertaker must repay to Network Rail all reasonable fees,...

        11. 28.(1) In this paragraph— “EMI” means, subject to sub-paragraph (2),...

        12. 29.If at any time after the completion of a specified...

        13. 30.The undertaker must not provide any illumination or illuminated sign...

        14. 31.Any additional expenses which Network Rail may reasonably incur in...

        15. 32.(1) The undertaker must pay to Network Rail all reasonable...

        16. 33.Network Rail must, on receipt of a request from the...

        17. 34.In the assessment of any sums payable to Network Rail...

        18. 35.The undertaker and Network Rail may, subject in the case...

        19. 36.Nothing in this Order, or in any enactment incorporated with...

        20. 37.The undertaker must give written notice to Network Rail if...

        21. 38.The undertaker must no later than 28 days from the...

        22. 39.In relation to any dispute arising under this Part of...

      4. PART 4 FOR THE PROTECTION OF THE ENVIRONMENT AGENCY

        1. 40.The following provisions of this Part of this Schedule apply...

        2. 41.In this part of this Schedule— “the Agency” means the...

        3. 42.(1) Before beginning to construct any specified work the undertaker...

        4. 43.Without limiting paragraph 42 and subject to paragraph 44, the...

        5. 44.(1) Subject to sub-paragraph (2), any specified work, and all...

        6. 45.(1) Subject to sub-paragraph (6) the undertaker must from the...

        7. 46.Subject to paragraph 49, if by reason of the construction...

        8. 47.If by reason of construction of the specified work the...

        9. 48.(1) The undertaker must take all such measures as may...

        10. 49.The undertaker must repay to the Agency all reasonable costs,...

        11. 50.(1) The undertaker must make reasonable compensation for costs and...

        12. 51.Any dispute arising between the undertaker and the Agency under...

      5. PART 5 FOR THE PROTECTION OF THE DRAINAGE AUTHORITY

        1. 52.The following provisions of this Part of this Schedule apply...

        2. 53.In this part of this Schedule— “construction” includes execution, placing,...

        3. 54.(1) Before commencing construction of a specified work, the undertaker...

        4. 55.Without limiting paragraph 54, the requirements which the drainage authority...

        5. 56.(1) Subject to sub-paragraph (2), any specified work, and all...

        6. 57.(1) Subject to sub-paragraph (5), the undertaker must from the...

        7. 58.If by reason of the construction of a specified work...

        8. 59.The undertaker must repay to the drainage authority all reasonable...

        9. 60.(1) The undertaker must make reasonable compensation for liabilities, costs...

        10. 61.Any dispute arising between the undertaker and the drainage authority...

      6. PART 6 FOR THE PROTECTION OF HIGHWAYS ENGLAND

        1. Application

          1. 62.The provisions of this Part of this Schedule apply for...

        2. Interpretation

          1. 63.(1) Where the terms defined in article 2 (interpretation) of...

        3. General

          1. 64.(1) The undertaker acknowledges that parts of the works authorised...

        4. Prior approvals

          1. 65.(1) No specified work may commence until—

        5. Construction of the specified work

          1. 66.(1) The undertaker must, prior to commencement of a specified...

        6. Payments

          1. 67.(1) The undertaker must pay to Highways England a sum...

        7. Completion of a specified work

          1. 68.(1) Within 56 days of the completion of a specified...

        8. Indemnification

          1. 69.(1) The undertaker must indemnify Highways England from and against...

        9. Expert determination

          1. 70.(1) Article 48 (arbitration) of this Order does not apply...

      7. PART 7 FOR THE PROTECTION OF NATIONAL GRID AS ELECTRICITY AND GAS UNDERTAKER

        1. Application

          1. 71.(1) For the protection of the statutory undertakers referred to...

        2. Interpretation

          1. 72.In this Part of this Schedule— “acceptable insurance” means a...

        3. On Street Apparatus

          1. 73.Save in respect of paragraph 74 (apparatus of undertakers in...

        4. Apparatus of undertakers in stopped up streets

          1. 74.Regardless of the temporary stopping up or diversion of any...

        5. Protective works to buildings

          1. 75.The undertaker, in the case of the powers conferred by...

        6. Acquisition of land

          1. 76.(1) Regardless of any provision in this Order or anything...

        7. Removal of apparatus

          1. 77.(1) If, in the exercise of the powers conferred by...

        8. Facilities and rights for alternative apparatus

          1. 78.(1) Where, in accordance with the provisions of this Part...

        9. Retained apparatus: Protection: National Grid Electricity Transmission plc

          1. 79.(1) Not less than 56 days before the commencement of...

        10. Expenses

          1. 80.(1) Subject to the following provisions of this paragraph, the...

        11. Indemnity

          1. 81.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        12. Enactments and agreements

          1. 82.Save to the extent provided for to the contrary elsewhere...

        13. Co-operation

          1. 83.(1) Where in consequence of the proposed construction of any...

        14. Access

          1. 84.If in consequence of the agreement reached in accordance with...

        15. Arbitration

          1. 85.Save for differences or disputes arising under paragraph 79 (retained...

        16. Notices

          1. 86.The plans submitted to the statutory undertaker by the undertaker...

      8. PART 8 FOR THE PROTECTION OF SOUTHERN ELECTRIC POWER DISTRIBUTION PLC AS ELECTRICITY UNDERTAKER

        1. Application

          1. 87.For the protection of SSE the following provisions will, unless...

        2. Interpretation

          1. 88.In this Part of this Schedule— “alternative apparatus” means appropriate...

        3. On Street Apparatus

          1. 89.(1) Except for paragraphs 90 (apparatus of SSE in stopped...

        4. Apparatus of SSE in stopped up streets

          1. 90.Regardless of the temporary stopping up or diversion of any...

        5. Protective works to buildings

          1. 91.(1) The undertaker, in the case of the powers conferred...

        6. Acquisition of land

          1. 92.(1) Regardless of any provision in this Order or anything...

        7. Removal of apparatus

          1. 93.(1) If, in the exercise of the powers conferred by...

        8. Facilities and rights for alternative apparatus

          1. 94.(1) Where, in accordance with the provisions of this Part...

        9. Retained apparatus: protection of SSE

          1. 95.(1) Not less than 14 days before beginning any low...

        10. Retained apparatus: protection of SSE as Electricity Undertaker – Overhead Lines

          1. 96.(1) Not less than 56 days before the commencement of...

        11. Expenses

          1. 97.(1) Subject to the following provisions of this paragraph, the...

        12. Indemnity

          1. 98.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        13. Enactments and agreements

          1. 99.Save to the extent provided for to the contrary elsewhere...

        14. Co-operation

          1. 100.(1) Where in consequence of the proposed construction of any...

        15. Access

          1. 101.If in consequence of the agreement reached in accordance with...

        16. Arbitration

          1. 102.Save for differences or disputes arising under paragraphs 98(5) and...

        17. Notices

          1. 103.The plans submitted to SSE by the undertaker pursuant to...

      9. PART 9 FOR THE PROTECTION OF SOUTHERN GAS NETWORKS PLC AS GAS UNDERTAKER

        1. Application

          1. 104.For the protection of SGN the following provisions will, unless...

        2. Interpretation

          1. 105.(1) In this Part of this Schedule— “alternative apparatus” means...

        3. On Street Apparatus

          1. 106.(1) Except for paragraphs 107 (apparatus of SGN in stopped...

        4. Apparatus of SGN in stopped up streets

          1. 107.Regardless of the temporary stopping up or diversion of any...

        5. Protective works to buildings

          1. 108.(1) The undertaker, in the case of the powers conferred...

        6. Acquisition of land

          1. 109.(1) Regardless of any provision in this Order or anything...

        7. Removal of apparatus

          1. 110.(1) If, in the exercise of the powers conferred by...

        8. Facilities and rights for alternative apparatus

          1. 111.(1) Where, in accordance with the provisions of this Part...

        9. Retained apparatus: protection of SGN

          1. 112.(1) Not less than 14 days before beginning any low...

        10. Expenses

          1. 113.(1) Subject to the following provisions of this paragraph, the...

        11. Indemnity

          1. 114.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        12. Enactments and agreements

          1. 115.Save to the extent provided for to the contrary elsewhere...

        13. Co-operation

          1. 116.(1) Where in consequence of the proposed construction of any...

        14. Access

          1. 117.If in consequence of the agreement reached in accordance with...

        15. Arbitration

          1. 118.Save for differences or disputes arising under paragraphs 112 and...

        16. Notices

          1. 119.The plans submitted to SGN by the undertaker pursuant to...

      10. PART 10 FOR THE PROTECTION OF CADENT GAS LIMITED AS GAS UNDERTAKER

        1. Application

          1. 120.For the protection of Cadent the following provisions will, unless...

        2. Interpretation

          1. 121.In this Part of this Schedule— “acceptable insurance” means a...

        3. On Street Apparatus

          1. 122.(1) Except for paragraphs 123 (apparatus in stopped up streets),...

        4. Apparatus of Cadent in stopped up streets

          1. 123.Notwithstanding the temporary stopping up or diversion of any highway...

        5. Protective works to buildings

          1. 124.(1) The undertaker, in the case of the powers conferred...

        6. Acquisition of land

          1. 125.(1) Regardless of any provision in this Order or anything...

        7. Removal of apparatus

          1. 126.(1) If, in the exercise of the powers conferred by...

        8. Facilities and rights for alternative apparatus

          1. 127.(1) Where, in accordance with the provisions of this Part...

        9. Retained apparatus: protection of Cadent

          1. 128.(1) Not less than 14 days before beginning any low...

        10. Expenses

          1. 129.(1) Subject to the following provisions of this paragraph, the...

        11. Indemnity

          1. 130.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        12. Enactments and agreements

          1. 131.(1) Save to the extent provided for to the contrary...

        13. Co-operation

          1. 132.(1) Where in consequence of the proposed construction of any...

        14. Access

          1. 133.If in consequence of the agreement reached in accordance with...

        15. Arbitration

          1. 134.Save for differences or disputes arising under paragraph 128 any...

        16. Notices

          1. 135.The plans submitted to Cadent by the undertaker pursuant to...

    10. SCHEDULE 10

      REMOVAL OF IMPORTANT HEDGEROWS

    11. SCHEDULE 11

      DOCUMENTS TO BE CERTIFIED

  10. Explanatory Note

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