PART 2 PRINCIPAL POWERS

Limits of deviation
5. (1) Subject to paragraph (4), in respect of the permanent overhead electric line and underground electric line works forming part of Work Nos. 1, 2, 3, 4, 5, 6, 10 and 11 (inclusive) of the authorised development for which it is granted development consent by paragraph (1) of article 3 (development consent etc. granted by the Order), the undertaker may—
(a) deviate laterally from the centreline for the linear works of the authorised development shown on the work plans within the limits of deviation relating to a Work shown on those plans and carry out construction activities for the purpose of the authorised development within the Order limits; and
(b) in respect of the pylons deviate vertically from the levels of the authorised development shown on the table of parameters—
(i) to any extent upwards not exceeding 4 metres;
(ii) to such extent downwards as the undertaker considers necessary or convenient;
(c) in respect of the overhead conductors and fibre-optic earth wires deviate vertically to such extent as the undertaker considers necessary or convenient;
(d) in respect of the underground electric line, deviate vertically—
(i) upwards such that the minimum distance that will be kept between the top of the protective tiles or (where there are no protective tiles) the top of the cable ducts and the top of the finished ground level is 0.9 metres; and
(ii) downwards to such extent as the undertaker considers necessary or convenient.
(2) Without prejudice to article 3(6) (development consent etc. granted by the Order) the removal, clearance, decommissioning and demolition of any existing electric line may take place within the Order limits.
(3) Subject to paragraph (4), in respect of other permanent above ground structures, erections and apparatus, including the Grid Supply Point Substation, Bramford Substation and cable sealing end compounds forming part of the authorised development—
(a) the authorised development is to be carried out within any applicable non-linear limits of deviation shown on the work plans; and
(b) the undertaker may deviate to any extent upwards not exceeding 10% above the maximum height shown on the table of parameters and to such extent downwards as the undertaker considers necessary or convenient.
(4) The maximum limits of vertical deviation specified in paragraphs (1)(b), (1)(d) and (3)(b) do not apply where it is demonstrated by the undertaker to the Secretary of State’s satisfaction and the Secretary of State, following consultation with the relevant planning authority and any other person the Secretary of State considers appropriate having regard to the proposed deviation in question and the statutory roles and responsibilities of such person, certifies accordingly that a deviation in excess of these limits would not give rise to any materially new or materially different environmental effects to those identified in the Environmental Statement.