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The National Grid (Richborough Connection Project) Development Consent Order 2017

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  1. Introductory Text

  2. PART 1

    1. 1.Citation and commencement

    2. 2.Interpretation

  3. PART 2

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

    2. 4.Maintenance of authorised development

    3. 5.Limits of deviation

    4. 6.Benefit of Order

    5. 7.Consent to transfer benefit of Order

    6. 8.Application of the 1990 Act

    7. 9.Application of the Community Infrastructure Levy Regulations 2010

  4. PART 3

    1. 10.Street works

    2. 11.Application of the 1991 Act

    3. 12.Power to alter layout, etc. of streets

    4. 13.Temporary stopping up of streets and public rights of way

    5. 14.Access to works

    6. 15.Agreements with street authorities

  5. PART 4

    1. 16.Discharge of water

    2. 17.Protective work to buildings

    3. 18.Authority to survey and investigate the land

  6. PART 5

    1. 19.Compulsory acquisition of right: incorporation of the mineral code

    2. 20.Time limit for exercise of authority to acquire rights compulsorily

    3. 21.Compulsory acquisition of rights

    4. 22.Crown rights

    5. 23.Extinguishment and suspension of private rights

    6. 24.Extinguishment of private rights and restrictive covenants relating to apparatus removed from land subject to temporary possession

    7. 25.Application of the Compulsory Purchase (Vesting Declarations) Act 1981

    8. 26.Acquisition of subsoil or air-space only

    9. 27.Rights under or over streets

    10. 28.Temporary use of land by National Grid

    11. 29.Temporary use of land by UK Power Networks

    12. 30.Temporary use of land for maintaining the authorised development

    13. 31.Special category land

    14. 32.Statutory undertakers

    15. 33.Recovery of costs of new connections

  7. PART 6

    1. 34.Deemed marine licence

    2. 35.Application of landlord and tenant law

    3. 36.Operational land for purposes of the 1990 Act

    4. 37.Defence to proceedings in respect of statutory nuisance

    5. 38.Temporary closure of, and works in, the river Stour

    6. 39.Traffic regulation

    7. 40.Felling or lopping of trees

    8. 41.Trees subject to tree preservation orders

    9. 42.Protection of interests

    10. 43.Certification of plans, etc.

    11. 44.Service of notices

    12. 45.Procedure regarding certain approvals, etc.

    13. 46.Amendment of local legislation

    14. 47.No double recovery

    15. 48.Arbitration

  8. Signature

  9. SCHEDULES

    1. SCHEDULE 1

      AUTHORISED DEVELOPMENT

      1. 400Kv OVERHEAD LINE

        1. In the City of Canterbury and the District of Thanet and the District of Dover

          1. Work No.1 — PC route Canterbury North 400kV Substation to Richborough 400kV Substation

        2. In the City of Canterbury

          1. Work No.2 — Temporary site compound

        3. In the District of Thanet

          1. Work No.3 — Temporary site compound

      2. UK POWER NETWORKS WORKS

        1. In the City of Canterbury

          1. Work No.4A — PX route temporary diversion

          2. Work No.4B – PX route temporary diversion

        2. In the District of Thanet

          1. Work No.4C — PX route temporary diversion

          2. Work No.5A — Temporary diversion of part of the PY route.

          3. Work No.5B — Temporary diversion of part of the PY route.

          4. Work No.5C —PY route

          5. Work No.5D – Removal of part of the PY route

        3. In the City of Canterbury

          1. Work No.6A — PX route removal

          2. Work No.6B — PX route removal

          3. Work No.6C — PX route removal

        4. In the City of Canterbury and the District of Thanet

          1. Work No.6D — PX route removal

        5. In the District of Thanet

          1. Work No.6E — PX route removal

        6. In the District of Thanet and the District of Dover

          1. Work No.6F — PX route removal

      3. ASSOCIATED DEVELOPMENT

    2. SCHEDULE 2

      PLANS AND DRAWINGS

      1. PART 1 LOCATION PLAN

      2. PART 2 ACCESS AND RIGHTS OF WAY AND PUBLIC RIGHTS OF NAVIGATION PLANS

      3. PART 3 DESIGN DRAWINGS

      4. PART 4 LAND PLANS

      5. PART 5 SPECIAL CATEGORY LAND AND CROWN LAND PLANS

      6. PART 6 EXTINGUISHMENT OF EASEMENTS, SERVITUDES AND OTHER RIGHTS PLANS

      7. PART 7 TRAFFIC REGULATION ORDER PLANS

      8. PART 8 TREES AND HEDGEROWS TO BE REMOVED OR MANAGED PLANS

      9. PART 9 WORKS PLANS

    3. SCHEDULE 3

      REQUIREMENTS

      1. 1.Interpretation

      2. 2.Time Limits

      3. 3.Design drawings

      4. 4.Stages of authorised development

      5. 5.Construction Environmental Management Plan

      6. 6.Approval and implementation of construction mitigation plans

      7. 7.Construction hours

      8. 8.Mitigation planting

      9. 9.Implementation of mitigation planting

      10. 10.Retention and protection of existing trees and hedgerows

      11. 11.Bird flight diverters

      12. 12.Reinstatement schemes

      13. 13.Contamination of land or groundwater and controlled waters

      14. 14.Inspection of temporary watercourses

      15. 15.Removal of temporary bridges and culverts

      16. 16.Highway works

      17. 17.Clearance over the tidal River Stour

      18. 18.Removal of UK Power Networks Works

      19. 19.Decommissioning

      20. 20.Ancient Woodland Easement Management Plan

      21. 21.Location of Pylon PC10

      22. 22.Exercise of powers of compulsory acquisition by National Grid

    4. SCHEDULE 4

      DISCHARGE OF REQUIREMENTS

      1. 1.Applications made under requirements

      2. 2.Fees

      3. 3.Appeals

      4. 4.Outcome of appeals

      5. 5.Interpretation of Schedule 4

    5. SCHEDULE 5

      STREETS SUBJECT TO STREET WORKS

    6. SCHEDULE 6

      STREETS SUBJECT TO TEMPORARY ALTERATION OF LAYOUT

    7. SCHEDULE 7

      STREETS OR PUBLIC RIGHTS OF WAY TO BE TEMPORARILY STOPPED UP

      1. PART 1 STREETS OR PUBLIC RIGHTS OF WAY TO BE TEMPORARILY STOPPED UP FOR WHICH A DIVERSION IS TO BE PROVIDED

      2. PART 2 STREETS OR PUBLIC RIGHTS OF WAY TO BE TEMPORARILY STOPPED UP FOR WHICH NO DIVERSION IS TO BE PROVIDED

    8. SCHEDULE 8

      EXTINGUISHMENT OF PRIVATE RIGHTS AND RESTRICTIVE COVENANTS RELATING TO APPARATUS REMOVED FROM LAND SUBJECT TO TEMPORARY POSSESSION

      1. PART 1 NATIONAL GRID

      2. PART 2 UK POWER NETWORKS

    9. SCHEDULE 9

      DEEMED MARINE LICENCE

      1. PART 1 INTRODUCTORY

        1. 1.Interpretation

        2. 2.Addresses

      2. PART 2 LICENSED ACTIVITIES

        1. 3.(1) Subject to the licence conditions in Part 4 of...

      3. PART 3 ENFORCEMENT

        1. 4.Any breach of this licence does not constitute a breach...

      4. PART 4 CONDITIONS

        1. 5.For such of the licensed activities that involve the construction,...

        2. 6.Should the licence holder become aware that any of the...

        3. 7.Prior to the commencement of the works

        4. 8.The licence holder must inform the MMO, the Environment Agency,...

        5. 9.The licence holder must ensure that they inform the MMO...

        6. 10.The licence holder must inform the MMO Local Office in...

        7. 11.The licence holder must inform the relevant harbour authorities in...

        8. 12.Upon commencement of the works

        9. 13.Bunding and/or storage facilities must be installed to contain and...

        10. 14.The licence holder must ensure that any oil, fuel or...

        11. 15.Any construction materials that are misplaced below mean high water...

        12. 16.The licence holder must ensure that the MMO Local Office...

        13. 17.All equipment, temporary structures, waste and debris associated with the...

        14. 18.The licence holder must ensure that if maintenance is required...

    10. SCHEDULE 10

      MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

      1. 1.Compensation enactments

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

      3. 3.Application of the 1965 Act

      4. 4.For section 7 of the 1965 Act (measure of compensation)...

      5. 5.For section 8 of the 1965 Act (provisions as to...

      6. 6.The following provisions of the 1965 Act (which state the...

      7. 7.Section 11 of the 1965 Act (powers of entry) is...

      8. 8.Section 20 of the 1965 Act (protection for interests of...

      9. 9.Section 22 of the 1965 Act (protection of acquiring authority’s...

    11. SCHEDULE 11

      LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

      1. PART 1 NATIONAL GRID

      2. PART 2 UK POWER NETWORKS

    12. SCHEDULE 12

      TRAFFIC REGULATION

      1. PART 1 TEMPORARY PROHIBITION OF VEHICULAR ACCESS AND NO WAITING AND SPEED RESTRICTION

      2. PART 2 TEMPORARY PROHIBITION OF VEHICULAR ACCESS AND NO WAITING RESTRICTION

      3. PART 3 TEMPORARY PROHIBITION OF VEHICULAR ACCESS

    13. SCHEDULE 13

      TREES SUBJECT TO TREE PRESERVATION ORDERS

    14. SCHEDULE 14

      PROTECTIVE PROVISIONS

      1. PART 1 PROTECTION FOR ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS

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

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

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

        4. 4.Regardless of any provision in this Order or anything shown...

        5. 5.(1) If, in the exercise of the powers conferred by...

        6. 6.(1) Not less than 28 days before starting the execution...

        7. 7.(1) Subject to the following provisions of this paragraph, the...

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

        1. 1.(1) For the protection of any operator, the following provisions,...

        2. 2.The exercise of the powers of article 32 (statutory undertakers)...

        3. 3.(1) Subject to sub-paragraphs (2) to (3), if as the...

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

        5. 5.Nothing in this Part of this Schedule affects the provisions...

      3. PART 3 PROTECTION FOR HIGHWAYS AND TRAFFIC

        1. 1.(1) The provisions of this Part of this Schedule shall...

        2. 2.(1) Before commencing the construction of, or the carrying out...

        3. 3.Any officer of the highway authority duly appointed for the...

        4. 4.(1) The undertaker shall not alter, disturb or in any...

        5. 5.The undertaker shall not remove any soil or material from...

        6. 6.(1) If the highway authority, after giving to the undertaker...

        7. 7.(1) The undertaker shall not, except with the consent of...

        8. 8.The undertaker shall not, except with the consent of the...

        9. 9.The undertaker shall, if reasonably so required by the highway...

        10. 10.(1) Where any part of any highway has been broken...

        11. 11.If any damage to any highway or any property of...

        12. 12.The fact that any act or thing may have been...

        13. 13.Any difference arising between the undertaker and the highway authority...

      4. PART 4 PROTECTION FOR RAILWAY INTERESTS

        1. 1.The following provisions of this Part have effect, unless otherwise...

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

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

        4. 4.(1) The undertaker must before commencing construction of any specified...

        5. 5.(1) Any specified work and any protective works to be...

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

        7. 7.Network Rail must at all times afford reasonable facilities to...

        8. 8.(1) If any permanent or temporary alterations or additions to...

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

        10. 10.(1) In this paragraph— “EMI” means, subject to sub-paragraph (2),...

        11. 11.If at any time after the completion of a specified...

        12. 12.The undertaker must not provide any illumination or illuminated sign...

        13. 13.Any additional expenses which Network Rail may reasonably incur in...

        14. 14.(1) The undertaker must— (a) pay to Network Rail all...

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

        16. 16.In the assessment of any sums payable to Network Rail...

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

        18. 18.Nothing in this Order, or in any enactment incorporated with...

        19. 19.The undertaker must no later than 28 days from the...

      5. PART 5 PROTECTION FOR SOUTH EAST WATER LIMITED

        1. 1.General

        2. 2.In this Part— “alternative apparatus” means any temporary or permanent...

        3. 3.Paragraphs 1 to 9 of this Part of this Schedule...

        4. 4.Regardless of any provision in this Order or anything shown...

        5. 5.(1) If, in the exercise of the powers conferred by...

        6. 6.(1) Not less than 28 days before starting the execution...

        7. 7.(1) Subject to the following provisions of this paragraph, the...

        8. 8.If any damage to any apparatus or any property containing...

        9. 9.The undertaker must not in the exercise of the powers...

        10. 10.For the benefit of the proposed Broad Oak Reservoir

        11. 11.Unless expressly provided otherwise in this Part, notwithstanding any provision...

        12. 12.Notwithstanding any provision in this Order, the undertaker may not...

        13. 13.If after giving SEW 21 days’ notice that it intends...

        14. 14.Notwithstanding any provision in this Order including the limits of...

        15. 15.Notwithstanding any provision in this Order including the limits of...

        16. 16.The undertaker at its own cost must within 18 months...

        17. 17.The undertaker must, if requested in writing by SEW, inform...

    15. SCHEDULE 15

      AMENDMENT OF LOCAL LEGISLATION

      1. PART 1 LOCAL ENACTMENTS

      2. PART 2 BYELAWS

  10. Explanatory Note

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