The Net Zero Teesside Order 2024

Regulation of powers over the shared area

234.—(1) The undertaker must not exercise the powers granted under the Order so as to hinder or prevent the construction, operation or maintenance of the Anglo American Specified Works without the prior written consent of Anglo American.

(2) The undertaker must not exercise the powers under any of the articles of the Order specified in sub-paragraph (3) below over or in respect of the Shared Area otherwise than with the prior written consent of Anglo American.

(3) The articles referred to in sub-paragraph (2) above are—

(a) article 10 (power to alter layout etc. of streets);

(b) article 11 (street works);

(c) article 12 (construction and maintenance of new or altered means of access);

(d) article 13 (temporary stopping up of streets, public rights of way and access land);

(e) article 14 (access to works);

(f) article 16 (traffic regulation);

(g) article 17 (discharge of water);

(h) article 18 (felling or lopping of trees and removal of hedgerows);

(i) article 19 (protective work to buildings);

(j) article 20 (authority to survey and investigate the land);

(k) article 22 (compulsory acquisition of land);

(l) article 23 (power to override easements and other rights);

(m) article 25 (compulsory acquisition of rights etc.);

(n) article 26 (private rights);

(o) article 28 (acquisition of subsoil and airspace only);

(p) article 30 (rights under or over streets);

(q) article 31 (temporary use of land for carrying out the authorised development);

(r) article 32 (temporary use of land for maintaining the authorised development); and

(s) article 33 (statutory undertakers).

(4) In the event that Anglo American withholds its consent pursuant to sub-paragraph (2) above it must notify the undertaker in writing of the reasons for withholding such consent and (if applicable) the time period during which such consent will be withheld.

(5) Regardless of any provision in the Order or anything shown on the land plans or contained in the book of reference to the Order, the undertaker must not appropriate or acquire or take permanent or temporary possession of any land interest held by Anglo American in any plots shown on the land plans, or appropriate, acquire, extinguish, interfere with or override any easement, other interest or right in such land.