SCHEDULE 1AUTHORISED DEVELOPMENT
A nationally significant infrastructure project as defined in sections 14 and 16 of the 2008 Act and associated development within the meaning of section 115(2) of the 2008 Act, comprising—
TRANSMISSION ELECTRIC LINE
In the Districts of Mid-Suffolk and Babergh
Work No. 1 — Bramford Substation line entries and Route 4YL
Works as shown on Sheets 1, 2, 3, 6 and 8 of the work plans to modify and reconfigure the existing overhead transmission electric line (Route 4YL) from and within Bramford Substation to existing pylon 4YL019 (including transpositions to the north and south of Hintlesham Woods), including—
(a)
the dismantling and removal of all existing overhead transmission electric line and pylons including foundations between the existing Bramford Substation gantries and a point indicated as 4YL004A on Sheet 1 of the work plans (and including the existing pylon 4YL004);
(b)
the dismantling and removal of all existing overhead transmission electric line and pylons including foundations between a point indicated as 4YL012A on Sheet 3 of the work plans and a point indicated as RB11 on Sheet 3 of the work plans (and including the existing pylon 4YL012);
(c)
the dismantling and removal of all existing overhead transmission electric line and pylons including foundations between a point indicated as 4YL018A on Sheet 8 of the work plans and a point indicated as RB16 on Sheet 8 of the work plans (and including the existing pylon 4YL018);
(d)
the realignment of the existing Bramford Substation gantries;
(e)
the foundations and steelwork to construct new pylons;
(f)
the installation of 0.5 kilometres of overhead transmission electric line between the realigned Bramford Substation gantries and a point indicated as new pylon 4YL004A on Sheet 1 of the work plans;
(g)
the installation of 2.6 kilometres of overhead transmission electric line between a point indicated as 4YL012A on Sheet 3 of the work plans and a point indicated as 4YL018A on Sheet 8 of the work plans;
(h)
the installation of conductors, busbars, switchgear and fittings, including downleads and downdroppers at each realigned gantry, to facilitate connection from the equipment within the gas insulated switchgear building situated within Bramford Substation to a point indicated as new pylon 4YL003C on Sheet 1 of the work plans;
(i)
the installation of fibre optic earthwire conductors, with optical fibres terminated in a joint box at a point indicated as new pylon 4YL003C on Sheet 1 of the work plans;
(j)
the temporary diversion of the existing overhead transmission electric line to facilitate the works; and
(k)
modifications to the existing overhead transmission electric line between a point indicated as 4YL004A on Sheet 1 of the work plans and a point indicated as 4YL007 on Sheet 2 of the work plans, between a point indicated as 4YL011 on Sheet 3 of the work plans and a point indicated as 4YL012A on Sheet 3 of the work plans and between a point indicated as 4YL018A on Sheet 8 of the work plans and a point indicated as 4YL019 on Sheet 8 of the work plans.
Work No. 2 — overhead transmission electric lines from Bramford Substation to the Dedham Vale East Cable Sealing End Compound
Works as shown on Sheets 1, 2, 3, 6 and 8 to 12 (inclusive) of the work plans to construct and install a new overhead transmission electric line from and within Bramford Substation to the two sealing end compound gantries at the Dedham Vale East Cable Sealing End Compound and to modify and reconfigure the existing overhead transmission electric line (Route 4YL), including—
(a)
the installation of two new gantries within Bramford Substation;
(b)
the foundations and steelwork to construct new pylons;
(c)
the installation of 3.6 kilometres of overhead transmission electric line between the two new Bramford Substation gantries and a point indicated as RB11 on Sheet 3 of the work plans;
(d)
the installation of 6.6 kilometres of overhead transmission electric line between a point indicated as RB16 on Sheet 8 of the Work Plans and the two sealing end compound gantries at the Dedham Vale East Cable Sealing End Compound;
(e)
the installation of conductors, busbars, shunt reactors, switchgear and fittings, including downleads and downdroppers at each new gantry, to facilitate connection to the equipment within the gas insulated switchgear building situated within Bramford Substation;
(f)
the installation of conductors, insulators and fittings, including downleads and downdroppers at each gantry to facilitate connection to the equipment within the Dedham Vale East Cable Sealing End Compound;
(g)
the installation of fibre optic earthwire conductors, with optical fibres terminated in joint boxes;
(h)
the temporary diversion of the existing overhead transmission electric line to facilitate the works; and
(i)
modifications to the existing overhead transmission electric line between a point indicated as RB11 on Sheet 3 of the work plans and a point indicated as RB16 on Sheet 8 of the work plans.
In the District of Babergh
Work No. 3 — underground transmission electric line from the Dedham Vale East Cable Sealing End Compound to the Dedham Vale West Cable Sealing End Compound
Works as shown on Sheets 12 to 15 (inclusive) of the work plans to construct and install a new underground transmission electric line (5.5 kilometres in length) in the section of the works between and including the Dedham Vale East Cable Sealing End Compound and the Dedham Vale West Cable Sealing End Compound, including—
(a)
the installation of 5.5 kilometres of underground transmission electric line, including cable ducts, joint bays, link pillars, fibre optic earthwire conductors and earthing and protection and control systems, to facilitate a connection between the Dedham Vale East Cable Sealing End Compound and the Dedham Vale West Cable Sealing End Compound;
(b)
Dedham Vale East Sealing End Compound sealing end equipment including switchgear and connection to overhead transmission electric line conductors including gantries;
(c)
Dedham Vale West Sealing End Compound sealing end equipment including switchgear and connection to overhead transmission electric line conductors including gantries;
(d)
Dedham Vale East Cable Sealing End Compound permanent compound, security fencing and gates, within which is situated the sealing end equipment, earthing and protection and control systems, portable relay room, supervisory control and data acquisition communication, switchgear, connection to overhead electric line including fibre optic cable to joint boxes, gantries, transformers, cables, surface troughs, fibre optic cable and joint boxes;
(e)
Dedham Vale West Cable Sealing End Compound permanent compound, security fencing and gates, within which is situated the sealing end equipment, earthing and protection and control systems, portable relay room, supervisory control and data acquisition communication, switchgear, connection to overhead electric line including fibre optic cable to joint boxes, gantries, transformers, cables, surface troughs, fibre optic cable and joint boxes;
(f)
permanent vehicular access road(s), hardstanding, drainage (including attenuation ponds), and site services, including power supply, for each of the Dedham Vale East Sealing End Compound and the Dedham Vale West Sealing End Compound; and
(g)
landscaping, including mitigation planting at each of the Dedham Vale East Sealing End Compound and the Dedham Vale West Sealing End Compound.
Work No. 4 — overhead transmission electric line from Dedham Vale West Cable Sealing End Compound to the Stour Valley East Cable Sealing End Compound
Works as shown on Sheets 15, 16, 17 and 19 of the work plans to construct and install a new overhead transmission electric line between the two sealing end compound gantries at the Dedham Vale West Cable Sealing End Compound and the two sealing end compound gantries at the Stour Valley East Cable Sealing End Compound, including—
(a)
the foundations and steelwork to construct new pylons;
(b)
the installation of 5.3 kilometres of overhead transmission electric line between the two sealing end compound gantries at the Dedham Vale West Cable Sealing End Compound and the two sealing end compound gantries at the Stour Valley East Cable Sealing End Compound;
(c)
the installation of conductors, insulators and fittings, including downleads and downdroppers at each gantry to facilitate connection to the equipment within the Dedham Vale West Cable Sealing End Compound and the Stour Valley East Cable Sealing End Compound; and
(d)
the installation of fibre optic earthwire conductors, with optical fibres terminated in joint boxes.
In the Districts of Babergh and Braintree
Work No. 5 — underground transmission electric line from the Stour Valley East Cable Sealing End Compound to the Stour Valley West Cable Sealing End Compound
Works as shown on Sheets 19, 20, 21, 27 and 28 of the work plans to construct and install a new underground transmission electric line (5.1 kilometres in length) in the section of the works between and including the Stour Valley East Cable Sealing End Compound and the Stour Valley West Cable Sealing End Compound, including—
(a)
the installation of 5.1 kilometres of underground transmission electric line, including cable ducts, joint bays, link pillars, fibre optic earthwire conductors and earthing and protection and control systems, to facilitate a connection between the Stour Valley East Cable Sealing End Compound and the Stour Valley West Cable Sealing End Compound;
(b)
Stour Valley East Cable Sealing End Compound sealing end equipment including switchgear and connection to overhead transmission electric line conductors including gantries;
(c)
Stour Valley West Cable Sealing End Compound sealing end equipment including switchgear and connection to overhead transmission electric line conductors including gantries;
(d)
Stour Valley East Cable Sealing End Compound permanent compound, security fencing and gates, within which is situated the sealing end equipment, earthing and protection and control systems, portable relay room, supervisory control and data acquisition communication, switchgear, connection to overhead electric line including fibre optic cable to joint boxes, gantries, transformers, cables, surface troughs, fibre optic cable and joint boxes;
(e)
Stour Valley West Cable Sealing End Compound permanent compound, security fencing and gates, within which is situated the sealing end equipment, earthing and protection and control systems, portable relay room, supervisory control and data acquisition communication, switchgear, connection to overhead electric line including fibre optic cable to joint boxes, gantries, transformers, cables, surface troughs, fibre optic cable and joint boxes;
(f)
permanent vehicular access road(s), hardstanding, drainage (including attenuation ponds), and site services, including power supply, for each of the Stour Valley East Cable Sealing End Compound and the Stour Valley West Cable Sealing End Compound; and
(g)
landscaping, including mitigation planting at each of the Stour Valley East Cable Sealing End Compound and the Stour Valley West Cable Sealing End Compound.
In the District of Braintree
Work No. 6 — overhead transmission electric line from the Stour Valley West Cable Sealing End Compound to the existing 4YLA overhead transmission electric line (Route 4YLA) southwest of Alphamstone
Works as shown on Sheets 27 and 28 of the work plans to realign the existing overhead transmission electric line (Route 4YLA) between the two sealing end compound gantries at the Stour Valley West Cable Sealing End Compound and a point indicated as 4YLA007 (Route 4YLA), including—
(a)
the modification of existing pylon 4YLA007;
(b)
the foundations and steelwork to construct new pylon 4YLA006C;
(c)
the installation of 0.6 kilometres of overhead transmission electric line between the two sealing end compound gantries at the Stour Valley West Cable Sealing End Compound and a point indicated as 4YLA007 on Sheet 28 of the Work Plans;
(d)
the installation of conductors, insulators and fittings, including downleads and downdroppers at each gantry to facilitate connection to the equipment within the Stour Valley West Cable Sealing End Compound; and
(e)
the installation of fibre optic earthwire conductors, with optical fibres terminated in joint boxes.
Work No. 7 — removal of existing overhead transmission electric line (Route 4YLA) between the Twinstead Tee and a point to the southwest of Alphamstone
Works as shown on Sheets 21, 27 and 28 of the work plans to allow the removal of 2.5 kilometres of the existing overhead transmission electric line (Route 4YLA) between the Twinstead Tee at a point indicated as 4YL073 and a point to the southwest of Alphamstone indicated as 4YLA007, including—
(a)
the modification of existing pylon 4YL073;
(b)
the dismantling and removal of all overhead transmission electric line and pylons including foundations between Twinstead Tee commencing at a point indicated as 4YL073 on Sheet 21 of the work plans (but not including pylon 4YL073) and terminating at a point to the southwest of Alphamstone indicated as 4YLA007 on Sheet 28 of the work plans (but not including pylon 4YLA007); and
(c)
the dismantling and removal of conductors, insulators and fittings.
DISTRIBUTION ELECTRIC LINE
In the Districts of Mid-Suffolk, Babergh and Braintree
Work No. 8 — removal of existing overhead distribution electric line (Route PCB) between Burstall Bridge and the Twinstead Tee
Works as shown on Sheets 4, 5, 7 to 17 (inclusive), 19, 20, 21 and 22 of the work plans to allow the removal of 25 kilometres of the existing overhead distribution electric line (Route PCB) between Burstall Bridge at a point indicated as PCB5 and a point to the west of Twinstead Tee indicated as PCB89, including—
(a)
the modification of existing pylons PCB5 and PCB89;
(b)
the dismantling and removal of all overhead distribution electric line and pylons including foundations between Burstall Bridge commencing at a point indicated as PCB5 on Sheet 4 of the work plans (but not including pylon PCB5) and terminating at a point to the west of Twinstead Tee indicated as PCB89 on Sheet 22 of the work plans (but not including pylon PCB89); and
(c)
the dismantling and removal of conductors, insulators and fittings.
GRID SUPPLY POINT SUBSTATION
In the District of Braintree
Work No. 9 — Grid Supply Point Substation to the east of Wickham St. Paul
Works as shown on Sheet 23 of the work plans to construct the Grid Supply Point Substation between Butler’s Wood and Waldegrave Wood, to the east of Wickham St. Paul, including—
(a)
the construction of foundations to support all new structures and equipment;
(b)
the installation of two Super Grid Transformers (SGTs);
(c)
the installation of support structures;
(d)
the construction of gantries for the termination of overhead electric line connections into the Grid Supply Point Substation;
(e)
the installation of equipment between gantries and switchgear;
(f)
the installation of switchgear and equipment;
(g)
the installation of electrical control panels;
(h)
the installation of a diesel generator;
(i)
the installation of troughs and below ground services;
(j)
the installation of new relay rooms, battery rooms, storage rooms and other welfare facilities;
(k)
the installation of electric vehicle charging points;
(l)
the installation of telecommunications equipment;
(m)
the installation of above ground water tanks;
(n)
drainage works;
(o)
the installation of other site furniture;
(p)
the erection of a security fence around the perimeter of the Grid Supply Point Substation;
(q)
the construction of site access roads, hardstanding, car parking and roadways;
(r)
utility service connections for electricity, communications and potable water and/or connection of power supply made from temporary generators;
(s)
utility service connection or on site storage for later disposal of grey water and sanitation;
(t)
earthworks including to create platforms for the new Grid Supply Point Substation equipment, structures, landscaping, roads and compounds; and
(u)
landscaping, including mitigation planting.
Work No. 10 — modifications to the transmission electric line and connection to the Grid Supply Point Substation
Works as shown on Sheet 23 of the work plans to reconfigure the existing overhead transmission electric line (Route 4YL) adjacent to the Grid Supply Point Substation and to construct a single circuit cable sealing end compound to the southwest of the Grid Supply Point Substation, including—
(a)
the modification of existing pylon 4YL080, including the installation of downleads to the Grid Supply Point Substation;
(b)
the temporary diversion of 0.7 kilometres of the existing overhead transmission electric line (Route 4YL) to facilitate the dismantling and removal of existing pylon 4YL081 and the installation of new pylon 4YL081A;
(c)
the dismantling and removal of existing pylon 4YL081 including foundations;
(d)
the installation of new pylon 4YL081A including foundations, steelwork and associated conductors, downdroppers and downleads, insulators and fittings;
(e)
single circuit cable sealing end equipment including switchgear and connection to overhead electric line conductors including gantries;
(f)
a permanent single circuit cable sealing end compound, within which is situated the sealing end equipment, earthing and protection and control systems, supervisory control and data acquisition communication, switchgear, connection to overhead electric line including fibre optic cable to joint boxes, gantries, transformers, cables, surface troughs, fibre optic cable and joint boxes;
(g)
the installation of a new underground transmission electric line to facilitate a connection between the single circuit cable sealing end compound and the Grid Supply Point Substation;
(h)
the installation of telecommunications equipment;
(i)
the installation of other site furniture;
(j)
the erection of a security fence around the perimeter of the single circuit cable sealing end compound; and
(k)
the construction of site access roads, hardstanding, and drainage.
Work No. 11 — modifications to the distribution electric line and connection to the Grid Supply Point Substation
Works as shown on Sheets 23, 25 and 26 of the work plans to modify the existing overhead distribution electric line (Route PCB) between a point indicated as PCB97 and a point indicated as PCB103 and to construct and install a new underground distribution electric line between the Grid Supply Point Substation and the existing overhead distribution electric line (Route PCB), including—
(a)
the dismantling and removal of existing pylon PCB98 including foundations;
(b)
the temporary diversion of the existing overhead distribution electric line (Route PCB) to facilitate the dismantling and removal of existing pylon PCB98;
(c)
the installation of a new cable sealing end platform pylon PCB98A including foundations, steelwork and associated conductors, downleads, insulators and fittings;
(d)
the installation of 1.1 kilometres of new underground distribution electric line, including cable ducts, joint bays, link pillars, fibre optic earthwire conductors and earthing and protection and control systems, to facilitate a connection between the Grid Supply Point Substation (Work No. 9) and the new cable sealing end platform pylon PCB98A (at a point indicated as PCB98A on Sheet 23 of the work plans); and
(e)
modifications to the existing overhead distribution electric line between a point indicated as PCB97 on Sheet 23 of the work plans and a point indicated as PCB103 on Sheet 26 of the work plans.
CONSTRUCTION, MAINTENANCE AND USE
In the Districts of Mid-Suffolk, Babergh and Braintree
Work No. 12 — Temporary Site Compounds
Works to construct temporary site compounds as part of the authorised development and in each case including—
(a)
earthworks, soil stripping and storage, ground improvement;
(b)
car parking, hard standing, roadways and access roads (including construction site services and temporary bridges);
(c)
drainage works (including attenuation ponds);
(d)
offices and staff welfare facilities;
(e)
utility service connections for electricity, communications and potable water and/or connection of power supply made from temporary generators;
(f)
utility service connection or on site storage for later disposal of grey water and sanitation;
(g)
emergency electrical generator;
(h)
materials, tools and fuel storage and laydown areas;
(i)
assembly areas;
(j)
plant and equipment storage areas;
(k)
wheel cleaning facilities;
(l)
security cabin and fencing and gates;
(m)
construction and security lighting; and
(n)
construction waste management facilities.
ASSOCIATED DEVELOPMENT
Such associated development not listed above, within the Order limits, as may be necessary or expedient for the purposes of or in connection with the construction or maintenance of the above Work Nos. or any of them, including—
(a)
ramps, means of access, footpaths, bridleways, trackways and pontoons;
(b)
embankment, bridge, aprons, abutments, foundations, retaining walls, drainage, wing walls, fencing and culverts;
(c)
works to alter the position of apparatus, including mains, sewers, drains, conductors and cables;
(d)
works to alter the position of UKPN apparatus, including construction and installation, decommissioning and partial removal and alteration of conductors and cables;
(e)
works to alter the course of, or otherwise interfere with a watercourse, drainage works, attenuation ponds, and temporary culverts;
(f)
landscaping and other works to mitigate any adverse effects of the construction, maintenance, operation or use of the authorised development, together with means of access;
(g)
tree and hedgerow planting and maintenance works;
(h)
works for the benefit or protection of the environment;
(i)
works for the benefit or protection of land, structures, apparatus or equipment affected by the authorised development (including arcing horns, earthing and works for monitoring);
(j)
works required for the strengthening, improvement, maintenance, or reconstruction of any streets;
(k)
works to streets and any alteration, removal or installation of road furniture, including where required to facilitate the construction of temporary accesses;
(l)
site preparation works, site clearance (including fencing, vegetation removal, demolition of existing buildings or structures and the creation of alternative footpaths), earthworks (including soil stripping and storage, site levelling, ground improvement);
(m)
establishment of site construction compounds, temporary laydown and storage areas, temporary offices, temporary vehicle parking, construction fencing, perimeter enclosure, security fencing, construction related buildings, welfare facilities, construction and security lighting and haulage roads;
(n)
establishment of launch pits and/or receiving pits to facilitate the use of horizontal directional drilling techniques to install any underground electric line;
(o)
wheel cleaning facilities;
(p)
supervisory control and data acquisition communication equipment;
(q)
installation of wires, cables, ducts, pipes and conductors, establishment of winching points and the installation of scaffolding; and
(r)
such other works, including scaffolding, working sites storage areas, and works of demolition (which includes but is not limited to demolition of residential properties), as may be necessary or expedient for the purposes of or in connection with the construction of the authorised development and which do not give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.
SCHEDULE 2PLANS
PART 1ACCESS, RIGHTS OF WAY AND PUBLIC RIGHTS OF NAVIGATION PLANS
Drawing Title | Drawing Number | Revision |
|---|---|---|
Key Plan for Access, Rights of Way and Public Rights of Navigation Plans | BT-NG-020621-545-0013 | A |
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 1 of 30 | BT-NG-020621-545-0013 | A |
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 2 of 30 | BT-NG-020621-545-0013 | A |
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 3 of 30 | BT-NG-020621-545-0013 | A |
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 4 of 30 | BT-NG-020621-545-0013 | A |
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 5 of 30 | BT-NG-020621-545-0013 | A |
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 6 of 30 | BT-NG-020621-545-0013 | A |
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 7 of 30 | BT-NG-020621-545-0013 | A |
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 8 of 30 | BT-NG-020621-545-0013 | A |
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 9 of 30 | BT-NG-020621-545-0013 | A |
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 10 of 30 | BT-NG-020621-545-0013 | A |
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 11 of 30 | BT-NG-020621-545-0013 | A |
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 12 of 30 | BT-NG-020621-545-0013 | A |
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 13 of 30 | BT-NG-020621-545-0013 | A |
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 14 of 30 | BT-NG-020621-545-0013 | A |
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 15 of 30 | BT-NG-020621-545-0013 | A |
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 16 of 30 | BT-NG-020621-545-0013 | A |
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 17 of 30 | BT-NG-020621-545-0013 | A |
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 18 of 30 | BT-NG-020621-545-0013 | A |
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 19 of 30 | BT-NG-020621-545-0013 | A |
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 20 of 30 | BT-NG-020621-545-0013 | A |
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 21 of 30 | BT-NG-020621-545-0013 | A |
A1/PRoW/21847/01Access, Rights of Way and Public Rights of Navigation Plans - Sheet 22 of 30 | BT-NG-020621-545-0013 | A |
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 23 of 30 | BT-NG-020621-545-0013 | A |
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 24 of 30 | BT-NG-020621-545-0013 | A |
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 25 of 30 | BT-NG-020621-545-0013 | A |
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 26 of 30 | BT-NG-020621-545-0013 | A |
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 27 of 30 | BT-NG-020621-545-0013 | A |
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 28 of 30 | BT-NG-020621-545-0013 | A |
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 29 of 30 | BT-NG-020621-545-0013 | A |
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 30 of 30 | BT-NG-020621-545-0013 | A |
Access, Rights of Way and Public Rights of Navigation Plans – Plan A | BT-NG-020621-545-0013 | A |
Access, Rights of Way and Public Rights of Navigation Plans – Plan B | BT-NG-020621-545-0013 | A |
PART 2LAND PLANS
Drawing Title | Drawing Number | Revision |
|---|---|---|
Key Plan for Land Plans | BT-NG-020621-545-0007 | C |
Land Plans – Sheet 1 of 30 | BT-NG-020621-545-0007 | C |
Land Plans – Sheet 2 of 30 | BT-NG-020621-545-0007 | C |
Land Plans – Sheet 3 of 30 | BT-NG-020621-545-0007 | C |
Land Plans – Sheet 4 of 30 | BT-NG-020621-545-0007 | C |
Land Plans – Sheet 5 of 30 | BT-NG-020621-545-0007 | C |
Land Plans – Sheet 6 of 30 | BT-NG-020621-545-0007 | C |
Land Plans – Sheet 7 of 30 | BT-NG-020621-545-0007 | C |
Land Plans – Sheet 8 of 30 | BT-NG-020621-545-0007 | C |
Land Plans – Sheet 9 of 30 | BT-NG-020621-545-0007 | C |
Land Plans – Sheet 10 of 30 | BT-NG-020621-545-0007 | C |
Land Plans – Sheet 11 of 30 | BT-NG-020621-545-0007 | C |
Land Plans – Sheet 12 of 30 | BT-NG-020621-545-0007 | C |
Land Plans – Sheet 13 of 30 | BT-NG-020621-545-0007 | C |
Land Plans – Sheet 14 of 30 | BT-NG-020621-545-0007 | C |
Land Plans – Sheet 15 of 30 | BT-NG-020621-545-0007 | C |
Land Plans – Sheet 16 of 30 | BT-NG-020621-545-0007 | C |
Land Plans – Sheet 17 of 30 | BT-NG-020621-545-0007 | C |
Land Plans – Sheet 18 of 30 | BT-NG-020621-545-0007 | C |
Land Plans – Sheet 19 of 30 | BT-NG-020621-545-0007 | C |
Land Plans – Sheet 20 of 30 | BT-NG-020621-545-0007 | C |
Land Plans – Sheet 21 of 30 | BT-NG-020621-545-0007 | C |
Land Plans – Sheet 22 of 30 | BT-NG-020621-545-0007 | C |
Land Plans – Sheet 23 of 30 | BT-NG-020621-545-0007 | C |
Land Plans – Sheet 24 of 30 | BT-NG-020621-545-0007 | C |
Land Plans – Sheet 25 of 30 | BT-NG-020621-545-0007 | C |
Land Plans – Sheet 26 of 30 | BT-NG-020621-545-0007 | C |
Land Plans – Sheet 27 of 30 | BT-NG-020621-545-0007 | C |
Land Plans – Sheet 28 of 30 | BT-NG-020621-545-0007 | C |
Land Plans – Sheet 29 of 30 | BT-NG-020621-545-0007 | C |
Land Plans – Sheet 30 of 30 | BT-NG-020621-545-0007 | C |
PART 3SPECIAL CATEGORY LAND PLANS
Drawing Title | Drawing Number | Revision |
|---|---|---|
Key Plan for Special Category Land Plans | BT-WSP-020621-545-0001 | A |
Special Category Land Plans – Sheet 1 of 6 | BT-WSP-020621-545-0001 | A |
Special Category Land Plans – Sheet 2 of 6 | BT-WSP-020621-545-0001 | A |
Special Category Land Plans – Sheet 3 of 6 | BT-WSP-020621-545-0001 | A |
Special Category Land Plans – Sheet 4 of 6 | BT-WSP-020621-545-0001 | A |
Special Category Land Plans – Sheet 5 of 6 | BT-WSP-020621-545-0001 | A |
Special Category Land Plans – Sheet 6 of 6 | BT-WSP-020621-545-0001 | A |
PART 4TRAFFIC REGULATION ORDER PLANS
Drawing Title | Drawing Number | Revision |
|---|---|---|
Key Plan for Traffic Regulation Order Plans | BT-NG-020621-545-0009 | A |
Traffic Regulation Order Plans – Sheet 1 of 30 | BT-NG-020621-545-0009 | A |
Traffic Regulation Order Plans – Sheet 2 of 30 | BT-NG-020621-545-0009 | A |
Traffic Regulation Order Plans – Sheet 3 of 30 | BT-NG-020621-545-0009 | A |
Traffic Regulation Order Plans – Sheet 4 of 30 | BT-NG-020621-545-0009 | A |
Traffic Regulation Order Plans – Sheet 5 of 30 | BT-NG-020621-545-0009 | A |
Traffic Regulation Order Plans – Sheet 6 of 30 | BT-NG-020621-545-0009 | A |
Traffic Regulation Order Plans – Sheet 7 of 30 | BT-NG-020621-545-0009 | A |
Traffic Regulation Order Plans – Sheet 8 of 30 | BT-NG-020621-545-0009 | A |
Traffic Regulation Order Plans – Sheet 9 of 30 | BT-NG-020621-545-0009 | A |
Traffic Regulation Order Plans – Sheet 10 of 30 | BT-NG-020621-545-0009 | A |
Traffic Regulation Order Plans – Sheet 11 of 30 | BT-NG-020621-545-0009 | A |
Traffic Regulation Order Plans – Sheet 12 of 30 | BT-NG-020621-545-0009 | A |
Traffic Regulation Order Plans – Sheet 13 of 30 | BT-NG-020621-545-0009 | A |
Traffic Regulation Order Plans – Sheet 14 of 30 | BT-NG-020621-545-0009 | A |
Traffic Regulation Order Plans – Sheet 15 of 30 | BT-NG-020621-545-0009 | A |
Traffic Regulation Order Plans – Sheet 16 of 30 | BT-NG-020621-545-0009 | A |
Traffic Regulation Order Plans – Sheet 17 of 30 | BT-NG-020621-545-0009 | A |
Traffic Regulation Order Plans – Sheet 18 of 30 | BT-NG-020621-545-0009 | A |
Traffic Regulation Order Plans – Sheet 19 of 30 | BT-NG-020621-545-0009 | A |
Traffic Regulation Order Plans – Sheet 20 of 30 | BT-NG-020621-545-0009 | A |
Traffic Regulation Order Plans – Sheet 21 of 30 | BT-NG-020621-545-0009 | A |
Traffic Regulation Order Plans – Sheet 22 of 30 | BT-NG-020621-545-0009 | A |
Traffic Regulation Order Plans – Sheet 23 of 30 | BT-NG-020621-545-0009 | A |
Traffic Regulation Order Plans – Sheet 24 of 30 | BT-NG-020621-545-0009 | A |
Traffic Regulation Order Plans – Sheet 25 of 30 | BT-NG-020621-545-0009 | A |
Traffic Regulation Order Plans – Sheet 26 of 30 | BT-NG-020621-545-0009 | A |
Traffic Regulation Order Plans – Sheet 27 of 30 | BT-NG-020621-545-0009 | A |
Traffic Regulation Order Plans – Sheet 28 of 30 | BT-NG-020621-545-0009 | A |
Traffic Regulation Order Plans – Sheet 29 of 30 | BT-NG-020621-545-0009 | A |
Traffic Regulation Order Plans – Sheet 30 of 30 | BT-NG-020621-545-0009 | A |
PART 5TREES AND HEDGEROWS TO BE REMOVED OR MANAGED PLANS
Drawing Title | Drawing Number | Revision |
|---|---|---|
Key Plan for Trees and Hedgerows to be Removed or Managed Plans | BT-NG-020621-545-0012 | B |
Trees and Hedgerows to be Removed or Managed Plans – Sheet 1 of 30 | BT-NG-020621-545-0012 | B |
Trees and Hedgerows to be Removed or Managed Plans – Sheet 2 of 30 | BT-NG-020621-545-0012 | B |
Trees and Hedgerows to be Removed or Managed Plans – Sheet 3 of 30 | BT-NG-020621-545-0012 | B |
Trees and Hedgerows to be Removed or Managed Plans – Sheet 4 of 30 | BT-NG-020621-545-0012 | B |
Trees and Hedgerows to be Removed or Managed Plans – Sheet 5 of 30 | BT-NG-020621-545-0012 | B |
Trees and Hedgerows to be Removed or Managed Plans – Sheet 6 of 30 | BT-NG-020621-545-0012 | B |
Trees and Hedgerows to be Removed or Managed Plans – Sheet 7 of 30 | BT-NG-020621-545-0012 | B |
Trees and Hedgerows to be Removed or Managed Plans – Sheet 8 of 30 | BT-NG-020621-545-0012 | B |
Trees and Hedgerows to be Removed or Managed Plans – Sheet 9 of 30 | BT-NG-020621-545-0012 | B |
Trees and Hedgerows to be Removed or Managed Plans – Sheet 10 of 30 | BT-NG-020621-545-0012 | B |
Trees and Hedgerows to be Removed or Managed Plans – Sheet 11 of 30 | BT-NG-020621-545-0012 | B |
Trees and Hedgerows to be Removed or Managed Plans – Sheet 12 of 30 | BT-NG-020621-545-0012 | B |
Trees and Hedgerows to be Removed or Managed Plans – Sheet 13 of 30 | BT-NG-020621-545-0012 | B |
Trees and Hedgerows to be Removed or Managed Plans – Sheet 14 of 30 | BT-NG-020621-545-0012 | B |
Trees and Hedgerows to be Removed or Managed Plans – Sheet 15 of 30 | BT-NG-020621-545-0012 | B |
Trees and Hedgerows to be Removed or Managed Plans – Sheet 16 of 30 | BT-NG-020621-545-0012 | B |
Trees and Hedgerows to be Removed or Managed Plans – Sheet 17 of 30 | BT-NG-020621-545-0012 | B |
Trees and Hedgerows to be Removed or Managed Plans – Sheet 18 of 30 | BT-NG-020621-545-0012 | B |
Trees and Hedgerows to be Removed or Managed Plans – Sheet 19 of 30 | BT-NG-020621-545-0012 | B |
Trees and Hedgerows to be Removed or Managed Plans – Sheet 20 of 30 | BT-NG-020621-545-0012 | B |
Trees and Hedgerows to be Removed or Managed Plans – Sheet 21 of 30 | BT-NG-020621-545-0012 | B |
Trees and Hedgerows to be Removed or Managed Plans – Sheet 22 of 30 | BT-NG-020621-545-0012 | B |
Trees and Hedgerows to be Removed or Managed Plans – Sheet 23 of 30 | BT-NG-020621-545-0012 | B |
Trees and Hedgerows to be Removed or Managed Plans – Sheet 24 of 30 | BT-NG-020621-545-0012 | B |
Trees and Hedgerows to be Removed or Managed Plans – Sheet 25 of 30 | BT-NG-020621-545-0012 | B |
Trees and Hedgerows to be Removed or Managed Plans – Sheet 26 of 30 | BT-NG-020621-545-0012 | B |
Trees and Hedgerows to be Removed or Managed Plans – Sheet 27 of 30 | BT-NG-020621-545-0012 | B |
Trees and Hedgerows to be Removed or Managed Plans – Sheet 28 of 30 | BT-NG-020621-545-0012 | B |
Trees and Hedgerows to be Removed or Managed Plans – Sheet 29 of 30 | BT-NG-020621-545-0012 | B |
Trees and Hedgerows to be Removed or Managed Plans – Sheet 30 of 30 | BT-NG-020621-545-0012 | B |
PART 6WORK PLANS
Drawing Title | Drawing Number | Revision |
|---|---|---|
Key Plan for Work Plans | BT-NG-020621-545-0008 | A |
Work Plans – Sheet 1 of 30 | BT-NG-020621-545-0008 | A |
Work Plans – Sheet 2 of 30 | BT-NG-020621-545-0008 | A |
Work Plans – Sheet 3 of 30 | BT-NG-020621-545-0008 | A |
Work Plans – Sheet 4 of 30 | BT-NG-020621-545-0008 | A |
Work Plans – Sheet 5 of 30 | BT-NG-020621-545-0008 | A |
Work Plans – Sheet 6 of 30 | BT-NG-020621-545-0008 | A |
Work Plans – Sheet 7 of 30 | BT-NG-020621-545-0008 | A |
Work Plans – Sheet 8 of 30 | BT-NG-020621-545-0008 | A |
Work Plans – Sheet 9 of 30 | BT-NG-020621-545-0008 | A |
Work Plans – Sheet 10 of 30 | BT-NG-020621-545-0008 | A |
Work Plans – Sheet 11 of 30 | BT-NG-020621-545-0008 | A |
Work Plans – Sheet 12 of 30 | BT-NG-020621-545-0008 | A |
Work Plans – Sheet 13 of 30 | BT-NG-020621-545-0008 | A |
Work Plans – Sheet 14 of 30 | BT-NG-020621-545-0008 | A |
Work Plans – Sheet 15 of 30 | BT-NG-020621-545-0008 | A |
Work Plans – Sheet 16 of 30 | BT-NG-020621-545-0008 | A |
Work Plans – Sheet 17 of 30 | BT-NG-020621-545-0008 | A |
Work Plans – Sheet 18 of 30 | BT-NG-020621-545-0008 | A |
Work Plans – Sheet 19 of 30 | BT-NG-020621-545-0008 | A |
Work Plans – Sheet 20 of 30 | BT-NG-020621-545-0008 | A |
Work Plans – Sheet 21 of 30 | BT-NG-020621-545-0008 | A |
Work Plans – Sheet 22 of 30 | BT-NG-020621-545-0008 | A |
Work Plans – Sheet 23 of 30 | BT-NG-020621-545-0008 | A |
Work Plans – Sheet 24 of 30 | BT-NG-020621-545-0008 | A |
Work Plans – Sheet 25 of 30 | BT-NG-020621-545-0008 | A |
Work Plans – Sheet 26 of 30 | BT-NG-020621-545-0008 | A |
Work Plans – Sheet 27 of 30 | BT-NG-020621-545-0008 | A |
Work Plans – Sheet 28 of 30 | BT-NG-020621-545-0008 | A |
Work Plans – Sheet 29 of 30 | BT-NG-020621-545-0008 | A |
Work Plans – Sheet 30 of 30 | BT-NG-020621-545-0008 | A |
Work Plans – Sheet 1 of 1 (Table of Parameters) | BT-NG-020621-545-0008 | A |
SCHEDULE 3REQUIREMENTS
Interpretation
1.
(1)
In this Schedule unless the context requires otherwise—
“biodiversity metric” means Biodiversity Metric 3.1 as published by Natural England in April 2022;
“HGV” means lorries over 3.5 tonnes maximum gross weight;
“intrusive” means an activity which requires or is facilitated by breaking the surface of the ground;
“lead local flood authority” has the same meaning as in section 6(7) of the Flood and Water Management Act 2010;
“part” means a given geographical section, component or location of the authorised development;
“reinstatement planting” includes, unless otherwise agreed with the relevant planning authority, embedded planting, reinstatement hedgerow or other planting and mitigation planting as each are described in the Landscape and Ecological Management Plan approved pursuant to requirement 4;
“reinstatement planting plan” means the plan referenced at Requirements 9 and 10 and which provides detail on reinstatement planting to be prepared for each stage of the authorised development;
“stage” means a defined stage of the authorised development, the extent of which is shown in a scheme submitted to the relevant planning authority pursuant to Requirement 3;
“start-up and close down activities” means—
(a)
arrival and departure of workforce and staff at site and movement to and from places of work;
(b)
general refuelling of plant;
(c)
site inspections and safety checks;
(d)
site meetings inspections and walkovers;
(e)
site clean-up (site housekeeping that does not require the use of plant);
(f)
general site maintenance; and
(g)
low key maintenance and safety checking of plant and machinery.
(2)
Where under any of the Requirements the approval or agreement of the relevant planning authority or the relevant highway authority is required, that approval or agreement must be given in writing.
(3)
Where any Requirement requires the authorised development to be carried out in accordance or general accordance with matters including a plan, document, or details approved by the relevant planning authority or the relevant highway authority, those matters are to be taken to include any amendments that may subsequently be approved in writing by the relevant planning authority or the relevant highway authority.
(4)
Where an approval or agreement is required under the terms of any Requirement or a document referred to in a Requirement, or any Requirement specifies “unless otherwise approved” or “unless otherwise agreed” by the relevant highway authority or the relevant planning authority, such approval or agreement may only be given in relation to minor or immaterial changes and where it has been demonstrated to the satisfaction of the relevant highway authority or the relevant planning authority that the subject matter of the approval or agreement sought will not give rise to any materially new or materially different environmental effects from those assessed in the Environmental Statement.
(5)
Unless otherwise provided in this Order, where a Requirement relates to a specific site or work and it specifies “commencement of development”, it refers to the commencement of development on that site or in relation to that work only.
Time Limits
2.
(1)
The authorised development must commence no later than the expiration of five years beginning with the date on which this Order comes into force.
(2)
If any proceedings are begun to challenge the validity of this Order, the period specified in paragraph (1) is extended for the period specified in paragraph (3).
(3)
Under paragraph (2) the period is taken to be extended by—
(a)
a period equivalent to the period beginning with the day the proceedings are filed and ending on the day they are withdrawn or finally determined, or
(b)
if shorter, one year.
(4)
Proceedings are not finally determined for the purposes of sub-paragraph (3)(a) if any appeal—
(a)
could be brought (ignoring any possibility of an appeal out of time with permission), or
(b)
has been made and not withdrawn or finally determined.
Stages of authorised development
3.
(1)
Unless otherwise agreed with the relevant planning authority, written notice setting out the anticipated programme for the carrying out of pre-commencement operations must be given to the relevant planning authority no less than seven days prior to the date on which those pre-commencement operations are first carried out.
(2)
The authorised development may not commence until a written scheme setting out all stages of the authorised development has been submitted to the relevant planning authority.
(3)
Any revisions to the written scheme referred to in sub-paragraph (2) above must be submitted to the relevant planning authority in advance of the commencement of the stage of the authorised development to which the revisions relate.
(4)
Written notice of the commencement and completion of construction of each stage of the authorised development, and the operational use of each stage of the authorised development, must be given to the relevant planning authority within ten business days of the relevant event occurring.
(5)
Management Plans
4.
(1)
No stage of the authorised development may commence until, for that stage, the following plans as relevant to that stage, have been submitted to and approved by the relevant planning authority (in consultation with Natural England in the case of the landscape and ecological management plan) or other discharging authority as may be appropriate to the relevant plan concerned and in the case of the construction traffic management plan, the relevant highway authority. The relevant plans are—
(a)
A construction environmental management plan (which must be substantially in accordance with the outline construction environmental management plan);
(b)
A materials and waste management plan (which must be substantially in accordance with the outline materials and waste management plan);
(c)
A construction traffic management plan (which must be substantially in accordance with the outline construction traffic management plan);
(d)
A landscape and ecological management plan (which must be substantially in accordance with the outline landscape and ecological management plan); and
(e)
A public right of way management plan (which must be substantially in accordance with the outline public right of way management plan).
(2)
All construction works forming part of the authorised development must be carried out in accordance with the plans listed in paragraph (1), unless otherwise agreed with the relevant planning authority or other discharging authority as may be appropriate to the relevant plan concerned, and in the case of the construction traffic management plan, the relevant highway authority.
(3)
For the avoidance of doubt, all pre-commencement operations must be carried out in accordance with the outline construction environmental management plan, the outline materials waste management plan, the outline construction traffic management plan, the outline landscape and ecological management plan and the outline public right of way management plan unless otherwise agreed with the relevant planning authority or other discharging authority as may be appropriate to the relevant plan concerned, and in the case of the Construction Traffic Management Plan, the relevant highway authority.
Approval and implementation of Drainage Management Plan
5.
(1)
No stage of the authorised development may be brought into operational use until, for that stage, a drainage management plan, to address operational surface water management matters, has been submitted to and approved by the relevant planning authority, after consultation with the lead local flood authority and the relevant highway authority.
(2)
The operational use of each stage of the authorised development must be carried out in accordance with the approved drainage management plan referred to in sub-paragraph (1) or with any amended drainage management plan that may subsequently be approved by the relevant planning authority, after consultation with the lead local flood authority and the relevant highway authority.
Archaeology
6.
(1)
The authorised development must be undertaken in accordance with the archaeological framework strategy and the outline written scheme of investigation.
(2)
No stage of the authorised development may commence until either a preservation in situ management plan, or a detailed written scheme of investigation of areas of archaeological interest relevant to that stage (if any), as identified within the outline written scheme of investigation or identified through evaluation work as set out in the outline written scheme of investigation has been submitted to and approved by the relevant planning authority.
(3)
Any detailed archaeological works must be carried out in accordance with the approved detailed written scheme of investigation for that stage.
(4)
The detailed written scheme of investigation must be in accordance with the outline written scheme of investigation and must identify areas where archaeological works are required and the measures to be taken to protect, record or preserve any significant archaeological remains that may be found and must include—
(a)
an assessment of significance and research questions;
(b)
the programme of methodology of site investigation and reporting;
(c)
the programme for post-investigation assessment;
(d)
proposals for providing for the analysis of site investigation and recording;
(e)
proposals for providing archive deposition of the analysis and records of the site investigation;
(f)
nomination of a competent person or persons/organisation to undertake the works set out within the detailed written scheme of investigation; and
(g)
an implementation timetable.
Construction hours
7.
(1)
(2)
No piling operations may take place between 19.00 and 07.00, or on Sundays, Bank Holidays or other public holidays, and, unless otherwise agreed with the local highway authority, no HGV deliveries may be made to site between 19.00 and 07.00, or on Sundays, Bank Holidays or other public holidays.
(3)
The following operations may take place outside the core working hours referred to in sub-paragraph (1)—
(a)
trenchless crossing operations including beneath highways, railway lines, woodlands or watercourses;
(b)
the installation and removal of conductors, pilot wires and associated protective netting across highways, railway lines or watercourses;
(c)
the jointing of underground cables (save for the cutting of underground cables);
(d)
the continuation of operations commenced during the core working hours to a point where they can safely be paused;
(e)
any highway works requested by the highway authority to be undertaken on a Saturday, Sunday or a Bank Holiday or outside the core working hours;
(f)
the testing or commissioning of any electrical plant installed as part of the authorised development;
(g)
the completion of works delayed or held up by severe weather conditions which disrupted or interrupted normal construction activities that the undertaker and its contractor agree forms the critical path for the accepted construction programme. In such cases, the undertaker must, as soon as practicable, notify the relevant planning authority of the disruption or interruption and explain why that work could not be completed within the core working hours referred to in sub-paragraph (1);
(h)
activity necessary in the instance of an emergency where there is a risk to persons or property;
(i)
security monitoring;
(j)
non-intrusive surveys; and
(k)
intrusive surveys, in the instance of an emergency where there is a risk to persons or property or following a request made by the relevant planning authority.
(4)
The core working hours referred to in sub-paragraph (1) exclude start-up and close down activities up to one hour either side of the core working hours. A 50dBA noise limit (LOAEL) will apply at the nearest noise-sensitive receptors for start-up and close down activities up to one hour either side of the core working hours.
(5)
No construction activities may take place between 19.00 and 07.00, or on Sundays, Bank Holidays or other public holidays at—
(a)
pylon PCB 64;
(b)
pylon 4Y004A;
(c)
pylon RB44;
(d)
pylon RB7;
(e)
pylon RB33;
(f)
pylon RB25; and
(g)
pylon 4YLA002,
as shown on Figure 4.1 in the environmental statement figures (document reference 6.4(B)).
(6)
The severe weather conditions referred to in sub-paragraph 3(g) means any weather which prevents work from taking place during the core working hours referred to in sub-paragraph (1) by reason of physical incapacity (whether for reasons of visibility, ground conditions, power availability, site access or otherwise) or being contrary to safe working practices.
Retention and removal of trees, woodlands and hedgerows
8.
(1)
Unless otherwise agreed with the relevant planning authority, no stage of the authorised development may commence until, for that stage, a plan showing the trees, groups of trees, woodlands and hedgerows to be retained and/or removed during that stage has been submitted to and approved by the relevant planning authority.
(2)
The plan submitted under sub-paragraph (1) must include details of the location, species and condition of the trees, groups of trees, woodlands and hedgerows to be removed and retained during that stage of the authorised development.
(3)
The plan submitted under sub-paragraph (1) must be in accordance with the outline landscape and ecological management plan (or the final landscape and ecological management plan if approved pursuant to requirement 4) and the trees and hedgerows to be removed or managed plans.
(4)
All trees, groups of trees, woodlands and hedgerows shown on the relevant plan for that stage of the authorised development must be retained and/or removed in accordance with the relevant plan for that stage of the authorised development, unless otherwise approved by the relevant planning authority.
Reinstatement planting plan
9.
(1)
Unless otherwise agreed with the relevant planning authority, no stage of the authorised development may be brought into operational use until, for that stage, a reinstatement planting plan for trees, groups of trees, woodlands and hedgerows to be reinstated during that stage has been submitted to and approved by the relevant planning authority.
(2)
Unless otherwise agreed with the relevant planning authority, the reinstatement planting plan submitted under sub-paragraph (1) must include a landscape plan for each cable sealing end compound where relevant to that stage, which will show landscape mounds, planting and proposed finishes for hard landscape features.
(3)
(4)
Reinstatement planting plan– implementation, compliance and replacement planting
10.
(1)
Unless otherwise agreed with the relevant planning authority, all reinstatement planting works referred to in requirement 9 must be implemented at the earliest opportunity and no later than by the first available planting season after that part of the authorised development to which the reinstatement planting works apply is first brought into operational use.
(2)
All reinstatement planting works referred to in requirement 9 must be carried out in accordance with the relevant reinstatement planting plan for that stage of the authorised development, unless otherwise approved by the relevant planning authority.
(3)
All reinstatement planting works referred to in requirement 9 must be implemented, monitored and maintained in accordance with the ‘Aftercare’ section of the landscape and ecological management plan approved pursuant to requirement 4.
(4)
Any trees or hedgerows planted as part of an approved reinstatement planting plan that, within a period of five years after planting (or such other period as is specified in the landscape and ecological management plan approved pursuant to requirement 4), are removed, die or become in the opinion of the relevant planning authority seriously damaged or diseased, must be replaced in the first available planting season with a specimen of the same species and size as that originally planted, unless otherwise approved by the relevant planning authority.
Highway works
11.
(1)
No work to construct, alter or temporarily alter any highway, including any new or existing means of access to a highway to be used by vehicular traffic, may commence until written details of design, layout and reinstatement of those highway works have been submitted to and approved by the relevant highway authority.
(2)
The highway works must be constructed and reinstated in accordance with the details approved under sub-paragraph (1).
(3)
(4)
Unless otherwise agreed with the relevant highway authority, the undertaker must—
(a)
carry out Stage 1 and Stage 2 road safety audits of the highway works authorised by this Order in accordance with Standard GG 119 (Revision 2) of the Department for Transport’s Design Manual for Roads and Bridges or any superseding Standard;
(b)
agree with the relevant highway authority on a case by case basis the need for a Stage 3 and, where applicable, a Stage 4 road safety audit of any elements of the highway works authorised by this Order and, where so agreed, carry out such audit(s) in accordance with Standard GG 119 (Revision 2) of the Department for Transport’s Design Manual for Roads and Bridges or any superseding Standard; and
(c)
to the reasonable satisfaction of the highway authority, implement any recommendations to mitigate or remove road safety problems and defects identified in any such road safety audits arising out of the authorised development.
Decommissioning
12.
(1)
In the event that, at some future date, the authorised development, or part of it, is to be decommissioned, a written scheme of decommissioning must be submitted to the relevant planning authority for its approval in consultation with the relevant highway authority, at least six months prior to any decommissioning works.
(2)
The approved scheme must be implemented as approved as part of the decommissioning of the authorised development or relevant part of it.
(3)
This requirement does not apply to the part of the authorised development and associated development described in Schedule 1 (authorised development) which relates to the dismantling and removal of existing infrastructure or apparatus.
(4)
The written scheme of decommissioning submitted under sub-paragraph (1) must include an environmental assessment undertaken in accordance with the laws and regulations applicable at the time it is submitted to the relevant planning authority.
Biodiversity Net Gain
13.
Unless otherwise agreed with the relevant planning authority, written evidence (in the form of the outputs of the biodiversity metric) demonstrating how at least ten per cent in biodiversity net gain is to be delivered as part of the authorised development must be submitted to the relevant planning authority no later than the date on which that part of the authorised development comprising the transmission electric line forming part of the authorised development is first brought into operational use.
Approval and implementation of Soil Management Plan
14.
(1)
Unless otherwise agreed with the relevant planning authority, no stage of the authorised development may commence until, for that stage, a soil management plan prepared in accordance with Chapter 11 of the outline construction environmental management plan (or the final construction environmental management plan if approved pursuant to requirement 4) describing how construction works should be undertaken to minimise effects on the nature and quality of soil has been submitted to and approved by the relevant planning authority.
(2)
The construction works for each stage of the authorised development must be carried out in general accordance with the approved soil management plan referred to in sub-paragraph (1), unless otherwise agreed with the relevant planning authority.
SCHEDULE 4DISCHARGE OF REQUIREMENTS
Applications made under Requirements
1.
(1)
Where an application has been made to a relevant authority for any consent, agreement or approval required by a requirement (including consent, agreement or approval in respect of part of a requirement), the relevant authority must give notice to the undertaker of its decision on the application within a period of 35 days beginning with—
(a)
where no further information is requested under paragraph 2, the day immediately following that on which the application is received by the authority;
(b)
(c)
such longer period as may be agreed in writing by the undertaker and the relevant authority.
(2)
(3)
Where—
(a)
an application has been made to the relevant authority for any consent, agreement or approval required by a Requirement included in this Order;
(b)
the relevant authority does not determine such application within the period set out in sub-paragraph (1); and
(c)
the application is accompanied by a report that considers it likely that the subject matter of the application is to give rise to any materially new or materially different environmental effects in comparison with those reported in the Environmental Statement,
then the application is taken to have been refused by the relevant authority at the end of that period.
Further information
2.
(1)
Where an application has been made under paragraph 1 the relevant authority may request such reasonable further information from the undertaker as it considers is necessary to enable it to consider the application.
(2)
If the relevant authority considers further information is necessary and the Requirement does not specify that consultation with a requirement consultee is required, the relevant authority must, within seven business days of receipt of the application, notify the undertaker in writing specifying the further information required.
(3)
If the requirement specifies that consultation with a requirement consultee is required, the relevant authority must issue the consultation to the requirement consultee within seven business days of receipt of the application and must notify the undertaker in writing specifying any further information requested by the requirement consultee within seven business days of receipt of such a request and in any event within 21 business days of receipt of the application.
(4)
(5)
Where further information is requested under this paragraph in relation to part only of an application, that part is treated as separate from the remainder of the application for the purposes of calculating the time periods referred to in paragraph 1 and in this paragraph.
Fees
3.
(1)
Where an application is made to a relevant authority for any consent, agreement or approval required by a Requirement (including consent, agreement or approval in respect of part of a Requirement), a fee must be paid to the relevant authority as follows—
(a)
such fee as may be prescribed (under sections 303 and 333(2A) of the 1990 Act for the discharge of conditions attached to a planning permission); or
(b)
a fee of £145 per request unless a bespoke arrangement has been agreed between the Applicant and discharging authority and legally secured.
Appeals
4.
(1)
The undertaker may appeal if—
(a)
the relevant authority refuses an application for—
(i)
any consent, agreement or approval required by a requirement or any document referred to in any requirement; or
(ii)
any other consent, agreement or approval required under this Order,
or grants it subject to conditions to which the undertaker objects;
(b)
having received a request for further information under paragraph 2(1) the undertaker considers that either the whole or part of the specified information requested by the relevant authority is not necessary for consideration of the application; or
(c)
having received any further information requested, the relevant authority notifies the undertaker that the information provided is inadequate and requests additional information which the undertaker considers is not necessary for consideration of the application.
(2)
The procedure for appeals is as follows—
(a)
the undertaker must within six weeks of the date of the notice of the decision or determination, or (where no determination has been made) expiry of the decision period under paragraph 1(1), submit to the Secretary of State a copy of the application submitted to the relevant authority and any supporting documents which the undertaker may wish to provide (“the appeal documents”);
(b)
the undertaker must on the same day provide copies of the appeal documents to the relevant authority and the requirement consultee (if applicable);
(c)
as soon as is practicable after receiving the appeals documents the Secretary of State must appoint a person to determine the appeal (“the appointed person”) and notify the appeal parties of the identity of the appointed person and the address to which all correspondence for the appointed person must be sent;
(d)
the relevant authority and the requirement consultee (if applicable) may submit any written representations in respect of the appeal to the appointed person within ten business days beginning with the first day immediately following the date on which the appeal parties are notified of the appointment of the appointed person and must ensure that copies of their written representations are sent to each other and to the undertaker on the day on which they are submitted to the appointed person;
(e)
the appeal parties may make any counter-submissions to the appointed person within ten business days beginning with the first day immediately following the date of receipt of written representations pursuant to sub-paragraph (d) above; and
(f)
the appointed person must make a decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable.
(3)
If the appointed person considers that further information is necessary to consider the appeal, the appointed person must as soon as practicable notify the appeal parties in writing specifying the further information required, the appeal party from whom the information is sought, and the date by which the information must be submitted.
(4)
Any further information required pursuant to sub-paragraph (3) must be provided by the party from whom the information is sought to the appointed person and to the other appeal parties by the date specified by the appointed person.
(5)
The appeal parties may submit written representations to the appointed person concerning matters contained in the further information.
(6)
Any such representations must be submitted to the appointed person and made available to all appeal parties within ten business days of the date mentioned in sub-paragraph (3).
Outcome of appeals
5.
(1)
On an appeal under paragraph 4, the appointed person may—
(a)
allow or dismiss the appeal; or
(b)
reverse or vary any part of the decision of the relevant authority (whether the appeal relates to that part of it or not),
and may deal with the application as if it had been made to the appointed person in the first instance.
(2)
The appointed person may proceed to a decision on an appeal taking into account only such written representations as have been sent within the time limits prescribed or set by the appointed person under this paragraph.
(3)
The appointed person may proceed to a decision even though no written representations have been made within those time limits if it appears to the appointed person that there is sufficient material to enable a decision to be made on the merits of the case.
(4)
The decision of the appointed person on an appeal is final and binding on the parties, and a court may entertain proceedings for questioning the decision only if the proceedings are brought by a claim for judicial review.
(5)
Any consent, agreement or approval given by the appointed person pursuant to this Schedule is deemed to be an approval for the purpose of Schedule 3 (requirements) as if it had been given by the relevant authority.
(6)
The relevant authority may confirm any determination given by the appointed person in identical form in writing but a failure to give such confirmation (or a failure to give it in identical form) does not affect or invalidate the effect of the appointed person’s determination.
(7)
Except where a direction is given pursuant to sub-paragraph (8) requiring the costs of the appointed person to be paid by the relevant authority, the reasonable costs of the appointed person must be met by the undertaker.
(8)
On application by the relevant authority or the undertaker, the appointed person may give directions as to the costs of the appeal parties and as to the parties by whom the costs of the appeal are to be paid.
(9)
In considering whether to make any such direction as to the costs of the appeal parties and the terms on which it is made, the appointed person must have regard to the Planning Practice Guidance published by the Department for Communities and Local Government or any circular or guidance which may from time to time replace it.
Interpretation of Schedule 4
6.
In this Schedule—
“the appeal parties” means the relevant authority, the requirement consultee and the undertaker;
“relevant authority” means the body responsible for giving and consent, agreement or approval under this schedule or relevant owner of a watercourse, sewer or drain as may be appropriate to the consent, agreement or approval sought; and
“requirement consultee” means any body named in a requirement which is the subject of an appeal as a body to be consulted by the relevant authority in discharging that requirement.
SCHEDULE 5STREETS SUBJECT TO STREET WORKS
(1) Authority | (2) Streets subject to works | (3) Plan Reference |
|---|---|---|
Suffolk County Council | Bullen Lane | Sheet 1 of the Access, Rights of Way and Public Rights of Navigation Plans |
Suffolk County Council | Burstall Hill | Sheets 1 and 2 of the Access, Rights of Way and Public Rights of Navigation Plans |
Suffolk County Council | Church Hill | Sheet 2 of the Access, Rights of Way and Public Rights of Navigation Plans |
Suffolk County Council | A1071 (Back Road) | Sheets 3 and 6 of the Access, Rights of Way and Public Rights of Navigation Plans |
Suffolk County Council | A1071 (Hadleigh Road) | Sheet 4 of the Access, Rights of Way and Public Rights of Navigation Plans |
Suffolk County Council | Washbrook Road | Sheet 4 of the Access, Rights of Way and Public Rights of Navigation Plans |
Suffolk County Council | Lower Barn Road | Sheet 5 of the Access, Rights of Way and Public Rights of Navigation Plans |
Suffolk County Council | Chattisham Lane | Sheet 5 of the Access, Rights of Way and Public Rights of Navigation Plans |
Suffolk County Council | Mill Lane | Sheet 5 of the Access, Rights of Way and Public Rights of Navigation Plans |
Suffolk County Council | A1071 (Ipswich Road) | Sheet 6 of the Access, Rights of Way and Public Rights of Navigation Plans |
Suffolk County Council | Duke Street | Sheet 7 of the Access, Rights of Way and Public Rights of Navigation Plans |
Suffolk County Council | Clay Hill | Sheet 7 of the Access, Rights of Way and Public Rights of Navigation Plans |
Suffolk County Council | Woodlands Road | Sheet 8 of the Access, Rights of Way and Public Rights of Navigation Plans |
Suffolk County Council | Pond Hall Road | Sheets 8 and 9 of the Access, Rights of Way and Public Rights of Navigation Plans |
Suffolk County Council | Clay Lane | Sheets 8 and 9 of the Access, Rights of Way and Public Rights of Navigation Plans |
Suffolk County Council | B1070 (Pipkin Hill) | Sheet 10 of the Access, Rights of Way and Public Rights of Navigation Plans |
Suffolk County Council | B1070 (The Street) | Sheet 10 of the Access, Rights of Way and Public Rights of Navigation Plans |
Suffolk County Council | Layham Road | Sheet 10 of the Access, Rights of Way and Public Rights of Navigation Plans |
Suffolk County Council | Overbury Hall Road | Sheet 11 of the Access, Rights of Way and Public Rights of Navigation Plans |
Suffolk County Council | Rands Road | Sheets 11 and 12 of the Access, Rights of Way and Public Rights of Navigation Plans |
Suffolk County Council | Pope’s Green Lane | Sheet 12 of the Access, Rights of Way and Public Rights of Navigation Plans |
Suffolk County Council | Millwood Road | Sheet 12 of the Access, Rights of Way and Public Rights of Navigation Plans |
Suffolk County Council | Heath Road | Sheets 12 and 13 of the Access, Rights of Way and Public Rights of Navigation Plans |
Suffolk County Council | Holt Road | Sheet 13 of the Access, Rights of Way and Public Rights of Navigation Plans |
Suffolk County Council | Whitestreet Green | Sheets 13 and 14 of the Access, Rights of Way and Public Rights of Navigation Plans |
Suffolk County Council | B1068 (Stoke Road) | Sheet 15 of the Access, Rights of Way and Public Rights of Navigation Plans |
Suffolk County Council | Brick Kiln Hill | Sheet 15 of the Access, Rights of Way and Public Rights of Navigation Plans |
Suffolk County Council | A134 (Colchester Road) | Sheets 15 and 16 of the Access, Rights of Way and Public Rights of Navigation Plans |
Suffolk County Council | A134 (Nayland Road) | Sheet 15 of the Access, Rights of Way and Public Rights of Navigation Plans |
Suffolk County Council | Nayland Road | Sheet 16 of the Access, Rights of Way and Public Rights of Navigation Plans |
Suffolk County Council | Barracks Road | Sheets 16 and 17 of the Access, Rights of Way and Public Rights of Navigation Plans |
Suffolk County Council | The Street | Sheets 16 and 17 of the Access, Rights of Way and Public Rights of Navigation Plans |
Suffolk County Council | Bures Road | Sheet 17 of the Access, Rights of Way and Public Rights of Navigation Plans |
Suffolk County Council | Wormingford Road | Sheets 17 and 18 of the Access, Rights of Way and Public Rights of Navigation Plans |
Suffolk County Council | Dorking Tye | Sheets 17 and 19 of the Access, Rights of Way and Public Rights of Navigation Plans |
Suffolk County Council | B1508 (St Edmunds Hill) | Sheet 20 of the Access, Rights of Way and Public Rights of Navigation Plans |
Essex County Council | Henny Road | Sheet 20 of the Access, Rights of Way and Public Rights of Navigation Plans |
Essex County Council | Loshouse Farm Road | Sheet 21 of the Access, Rights of Way and Public Rights of Navigation Plans |
Essex County Council | Losh House Lane | Sheet 21 of the Access, Rights of Way and Public Rights of Navigation Plans |
Essex County Council | Twinstead Road | Sheets 21 and 27 of the Access, Rights of Way and Public Rights of Navigation Plans |
Essex County Council | Lorkin’s Lane | Sheets 21, 27, 28 and 29 of the Access, Rights of Way and Public Rights of Navigation Plans |
Essex County Council | Clay Hill | Sheet 22 of the Access, Rights of Way and Public Rights of Navigation Plans |
Essex County Council | Watery Lane | Sheet 22 of the Access, Rights of Way and Public Rights of Navigation Plans |
Essex County Council | Green Lane | Sheet 23 of the Access, Rights of Way and Public Rights of Navigation Plans |
Essex County Council | A131 (Sudbury Road) | Sheets 23 and 30 of the Access, Rights of Way and Public Rights of Navigation Plans |
Essex County Council | Old Road | Sheets 23 and 26 of the Access, Rights of Way and Public Rights of Navigation Plans |
Essex County Council | Rectory Lane | Sheet 24 of the Access, Rights of Way and Public Rights of Navigation Plans |
Essex County Council | Hedingham Road | Sheet 24 of the Access, Rights of Way and Public Rights of Navigation Plans |
Essex County Council | Church Road | Sheet 24 of the Access, Rights of Way and Public Rights of Navigation Plans |
Essex County Council | Park Road | Sheet 26 of the Access, Rights of Way and Public Rights of Navigation Plans |
Essex County Council | Henny Back Road | Sheets 27 and 28 of the Access, Rights of Way and Public Rights of Navigation Plans |
Essex County Council | Moat Lane | Sheet 27 of the Access, Rights of Way and Public Rights of Navigation Plans |
Essex County Council | Whitelands Road | Sheet 28 of the Access, Rights of Way and Public Rights of Navigation Plans |
Essex County Council | Oak Road | Sheet 29 of the Access, Rights of Way and Public Rights of Navigation Plans |
Essex County Council | Catley Cross | Sheet 29 of the Access, Rights of Way and Public Rights of Navigation Plans |
SCHEDULE 6STREETS SUBJECT TO ALTERATION OF LAYOUT
PART 1STREETS SUBJECT TO PERMANENT ALTERATION OF LAYOUT
(1) Street subject to alteration of layout | (2) Description of alteration of layout as shown on the Access, Rights of Way and Public Rights of Navigation Plans |
|---|---|
Millwood Road | At access point D-DAP2 a permanent bellmouth will be created (as shown on Sheet 12) to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface, road markings, kerbing and a suitable drainage system, where required. |
B1068 (Stoke Road) | At access point F-AP4 a permanent bellmouth will be created (as shown on Sheet 15) to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface, road markings, kerbing and a suitable drainage system, where required. |
B1508 (St Edmunds Hill) | At access point G-AP3 a permanent bellmouth will be created (as shown on Sheet 20) to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface, road markings, kerbing and a suitable drainage system, where required. |
(1) Street subject to alteration of layout | (2) Description of alteration of layout as shown on the Access, Rights of Way and Public Rights of Navigation Plans |
|---|---|
A131 (Sudbury Road) | At access point H-AP1 a permanent bellmouth will be created (as shown on Sheet 23) to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface, road markings, kerbing and a suitable drainage system, where required. |
Henny Back Road | At access point G-AP14 a permanent bellmouth will be created (as shown on Sheet 27) to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface, road markings, kerbing and a suitable drainage system, where required. |
PART 2STREETS SUBJECT TO TEMPORARY ALTERATION OF LAYOUT
(1) Street subject to alteration of layout | (2) Description of alteration of layout as shown on the Access, Rights of Way and Public Rights of Navigation Plans |
|---|---|
Bullen Lane | At access point AB-AP1 a temporary bellmouth will be created (as shown on Sheet 1) to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface, road markings, kerbing and a suitable drainage system, where required. |
Burstall Hill | At access points AB-AP2A and AB-AP2B, two temporary bellmouths will be created (as shown on Sheets 1 and 2) to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface, road markings, kerbing and a suitable drainage system, where required. |
Church Hill | At access point AB-AP3, AB-AP4, AB-AP5, three temporary bellmouths will be created (as shown on Sheet 2) to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface, road markings, kerbing and a suitable drainage system, where required. |
A1071 (Back Road) | At access points AB-AP6, AB-AP7, AB-AP8, AB-EAP1 and AB-EAP2a, five temporary bellmouths will be created (as shown on Sheets 3 and 6) to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface, road markings, kerbing and a suitable drainage system, where required. |
A1071 (Ipswich Road) | At access point AB-EAP2b a temporary bellmouth will be created (as shown on Sheet 6) to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface, road markings, kerbing and a suitable drainage system, where required. |
A1071 (Hadleigh Road) | At access point AB-DAP1 a temporary bellmouth will be created (as shown on Sheet 4) to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface, road markings, kerbing and a suitable drainage system, where required. |
Washbrook Road | At access points AB-DAP2, AB-DAP3, two temporary bellmouths will be created (as shown on Sheet 4) to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface, road markings, kerbing and a suitable drainage system, where required. |
Lower Barn Road | At access point AB-DAP4 a temporary bellmouth will be created (as shown on Sheet 5) to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface, road markings, kerbing and a suitable drainage system, where required. |
Mill Lane | At access point AB-DAP5 a temporary bellmouth will be created (as shown on Sheet 5) to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface, road markings, kerbing and a suitable drainage system, where required. |
Duke Street | At access point AB-DAP6 a temporary bellmouth will be created (as shown on Sheet 7) to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface, road markings, kerbing and a suitable drainage system, where required. |
Clay Hill | At access point AB-DAP7 a temporary bellmouth will be created (as shown on Sheet 7) to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface, road markings, kerbing and a suitable drainage system, where required. |
Pond Hall Road | At access points AB-DAP8, AB-AP9, AB-AP11, AB-AP12, AB-AP13, AB-AP14, AB-AP17, seven temporary bellmouths will be created (as shown on Sheets 7 to 9) to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface, road markings, kerbing and a suitable drainage system, where required. |
Woodlands Road | At access point AB-DAP9 a temporary bellmouth will be created (as shown on Sheet 8) to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface, road markings, kerbing and a suitable drainage system, where required. |
Clay Lane | At access points AB-DAP10, AB-AP15, AB-AP16, three temporary bellmouths will be created (as shown on Sheet 8) to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface, road markings, kerbing and a suitable drainage system, where required. |
B1070 (Pipkin Hill) | At access points C-AP1 and C-AP2, two temporary bellmouths will be created (as shown on Sheet 10) to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface, road markings, kerbing and a suitable drainage system, where required. |
B1070 (The Street) | At access point C-DAP1 a temporary bellmouth will be created (as shown on Sheet 10) to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface, road markings, kerbing and a suitable drainage system, where required. |
Layham Road | At access points C-AP3, C-AP4, two temporary bellmouths will be created (as shown on Sheet 10) to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface, road markings, kerbing and a suitable drainage system, where required. |
Overbury Hall Road | At access points C-AP5, D-AP1, two temporary bellmouths will be created (as shown on Sheet 11) to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface, road markings, kerbing and a suitable drainage system, where required. |
Rands Road | At access points D-DAP1, D-AP2, two temporary bellmouths will be created (as shown on Sheet 11) to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface, road markings, kerbing and a suitable drainage system, where required. |
Millwood Road | At access points D-AP3, D-AP4, two temporary bellmouths will be created (as shown on Sheet 12) to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface, road markings, kerbing and a suitable drainage system, where required. |
Heath Road | At access points D-AP6, D-AP7, D-DAP2A, D-DAP3, four temporary bellmouths will be created (as shown on Sheet 12) to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface, road markings, kerbing and a suitable drainage system, where required. |
Holt Road | At access points D-AP8, E-AP1, two temporary bellmouths will be created (as shown on Sheet 13) to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface, road markings, kerbing and a suitable drainage system, where required. |
Whitestreet Green | At access points E-AP4, E-AP5, E-AP6, E-DAP2, E-DAP3, five temporary bellmouths will be created (as shown on Sheets 13 and 14) to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface, road markings, kerbing and a suitable drainage system, where required. |
Brick Kiln Hill | At access points E-AP8, F-DAP1, two temporary bellmouths will be created (as shown on Sheet 15) to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface, road markings, kerbing and a suitable drainage system, where required. |
B1068 (Stoke Road) | At access points E-AP7, E-DAP4, E-DAP5, F-AP1 and at points BM-1 and BM-2, six temporary bellmouths will be created (as shown on Sheet 15) to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface, road markings, kerbing and a suitable drainage system, where required. Note: points BM-1 and BM-2 have no associated construction traffic, they are only used as crossing points. |
Colchester Road (A134) | At access points F-AP5, F-AP6, F-AP7, F-DAP2, four temporary bellmouths will be created (as shown on Sheets 15 and 16) to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface, road markings, kerbing and a suitable drainage system, where required. |
Nayland Road | At access points F-AP8, F-AP9, F-DAP3, three temporary bellmouths will be created (as shown on Sheet 16) to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface, road markings, kerbing and a suitable drainage system, where required. |
Bures Road | At access points F-AP10, F-AP12, F-AP13, F-DAP4, F-DAP5, five temporary bellmouths will be created (as shown on Sheet 17) to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface, road markings, kerbing and a suitable drainage system, where required. |
Wormingford Road | At access point F-AP11 a temporary bellmouth will be created (as shown on Sheet 17) to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface, road markings, kerbing and a suitable drainage system, where required. |
Dorking Tye | At access points F-AP14, G-AP1, G-AP2 three temporary bellmouths will be created (as shown on Sheets 17) to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface, road markings, kerbing and a suitable drainage system, where required. |
B1508 (St Edmunds Hill) | At access points G-AP4, G-DAP1, G-DAP2, three temporary bellmouths will be created (as shown on Sheet 20) to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface, road markings, kerbing and a suitable drainage system, where required. |
(1) Street subject to alteration of layout | (2) Description of alteration of layout as shown on the Access, Rights of Way and Public Rights of Navigation Plans |
|---|---|
Henny Road | At access points G-AP5, G-AP6, G-DAP3, G-DAP4, four temporary bellmouths will be created (as shown on Sheet 20) to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface, road markings, kerbing and a suitable drainage system, where required. |
Losh House Lane | At access points G-AP9, G-AP13, two temporary bellmouths will be created (as shown on Sheet 21) to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface, road markings, kerbing and a suitable drainage system, where required. |
Twinstead Road | At access points G-DAP5, G-DAP6, G-DAP7, G-DAP8, four temporary bellmouths will be created (as shown on Sheets 21 and 27) to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface, road markings, kerbing and a suitable drainage system, where required. |
Lorkin’s Lane | At access point G-AP10 a temporary bellmouth will be created (as shown on Sheets 21 and 27) to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface, road markings, kerbing and a suitable drainage system, where required. |
Clay Hill | At access point G-YLAP3 a temporary bellmouth will be created (as shown on Sheet 22) to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface, road markings, kerbing and a suitable drainage system, where required. |
Church Road | At access point G-YLAP4 a temporary bellmouth will be created (as shown on Sheet 22) to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface, road markings, kerbing and a suitable drainage system, where required. |
Watery Lane | At access point G-YLAP5 a temporary bellmouth will be created (as shown on Sheet 22) to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface, road markings, kerbing and a suitable drainage system, where required. |
Rectory Lane | At access point H-YLAP2 a temporary bellmouth will be created (as shown on Sheet 24) to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface, road markings, kerbing and a suitable drainage system, where required. |
Church Road | At access points H-YLAP3, H-YLAP4, two temporary bellmouths will be created (as shown on Sheet 24) to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface, road markings, kerbing and a suitable drainage system, where required. |
Hedingham Road | At access points H-YLAP5, H-YLAP6, two temporary bellmouths will be created (as shown on Sheet 24) to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface, road markings, kerbing and a suitable drainage system, where required. |
Old Road | At access points H-AP3, H-AP4, H-AP5, H-AP6, H-AP7, H-YLAP1, six temporary bellmouths will be created (as shown on Sheets 23 and 26) to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface, road markings, kerbing and a suitable drainage system, where required. |
Park Road | At access point H-AP8 a temporary bellmouth will be created (as shown on Sheet 26) to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface, road markings, kerbing and a suitable drainage system, where required. |
Moat Lane | At access points G-AP7, G-AP8, two temporary bellmouths will be created (as shown on Sheet 27) to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface, road markings, kerbing and a suitable drainage system, where required. |
Henny Back Road | At access points G-AP11, G-AP12, G-AP15, H-AP10, H-AP11, five temporary bellmouths will be created (as shown on Sheet 28) to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface, road markings, kerbing and a suitable drainage system, where required. |
Whitelands Road | At access points H-AP12, H-AP13, H-AP16 and H-AP17, four temporary bellmouths will be created (as shown on Sheet 29) to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface, road markings, kerbing and a suitable drainage system, where required. |
Lorkin’s Lane | At access points H-AP14, H-AP15, two temporary bellmouths will be created (as shown on Sheet 29) to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface, road markings, kerbing and a suitable drainage system, where required. |
Oak Road | At access points H-AP18, H-AP19, two temporary bellmouths will be created (as shown on Sheet 29) to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface, road markings, kerbing and a suitable drainage system, where required. |
Sudbury Road (A131) | At access point H-AP20 a temporary bellmouth will be created (as shown on Sheet 30) to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface, road markings, kerbing and a suitable drainage system, where required. |
SCHEDULE 7STREETS OR PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED
PART 1STREETS OR PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED FOR WHICH A DIVERSION IS TO BE PROVIDED
(1) Area | (2) Street or public right of way to be temporarily stopped up | (3) Extent of temporary stopping up as shown on the Access, Rights of Way and Public Rights of Navigation Plans | (4) Temporary diversion Route as shown on the Access, Rights of Way and Public Rights of Navigation Plans |
|---|---|---|---|
Suffolk County Council | W-155/001/0 (Bramford footpath 001) | Between points P-AB-1 and P-AB-1 as shown on Sheet 1 | Between points P-AB-1 and P-AB-1 via line PD-AB-1 as shown on Sheet 1 |
Suffolk County Council | W-174/010/0 (Burstall footpath 010) | Between points P-AB-4 and P-AB-4 as shown on Sheets 1 and 2 | Between points P-AB-4 and P-AB-4 via line PD-AB-4 as shown on Sheets 1 and 2 |
Suffolk County Council | W-174/011/0 (Burstall footpath 011) | Between points P-AB-5 and P-AB-5 as shown on Sheet 2 | Between points P-AB-5 and P-AB-5 via line PD-AB-5 as shown on Sheet 2 |
Suffolk County Council | Burstall Hill, Ipswich Road and Church Hill | Between points SM-AB-3 and SM-AB-4 as shown on Sheet 2 | Between points SM-AB-3 and SM-AB-4 via line SMD-AB-2 as shown on Sheets 1, 2 and Plan A |
Suffolk County Council | W-318/031/0 (Hintlesham footpath 031) | Between points P-AB-8 and P-AB-8 as shown on Sheet 3 | Between points P-AB-8 and P-AB-8 via line PD-AB-8 as shown on Sheet 3 |
Suffolk County Council | W-318/053/0 (Hintlesham footpath 053) | Between points P-AB-9 and P-AB-9 as shown on Sheet 3 | Between points P-AB-9 and P-AB-9 via line PD-AB-9/10 as shown on Sheets 3 and 6 |
Suffolk County Council | W-318/055/0 (Hintlesham footpath 055) | Between points P-AB-10 and P-AB-10 as shown on Sheet 3 | Between points P-AB-10 and P-AB-10 via line PD-AB-9/10 as shown on Sheets 3 and 6 |
Suffolk County Council | W-318/056/0 (Hintlesham footpath 056) | Between points P-AB-11 and P-AB-11 as shown on Sheet 6 | Between points P-AB-11 and P-AB-11 via line PD-AB-11 as shown on Sheet 6 |
Suffolk County Council | W-318/068/0 (Hadleigh footpath 068) | Between points P-AB-14A and P-AB-14A as shown on Sheet 6 | Between points P-AB-14A and P-AB-14A via line PD-AB-14 as shown on Sheet 6 |
Suffolk County Council | W-289/046/0 (Hadleigh footpath 046) | Between points P-AB-14B and P-AB-14B as shown on Sheet 6 | Between points P-AB-14B and P-AB-14B via line PD-AB-14 as shown on Sheet 6 |
Suffolk County Council | W-318/046/0 (Hintlesham footpath 046) | Between points P-AB-15 and P-AB-15 as shown on Sheet 6 | Between points P-AB-15 and P-AB-15 via line PD-AB-15 as shown on Sheets 3, 6 and 8 |
Suffolk County Council | W-289/031/0 (Hadleigh footpath 031) | Between points P-AB-24 and P-AB-24 as shown on Sheets 9 | Between points P-AB-24 and P-AB-24 via line PD-AB-24 as shown on Sheets 8 to 10 and Plan A |
Between points P-C-1 and P-C-1 as shown on Sheet 10 | Between points P-C-1 and P-C-1 via line PD-C-1 as shown on Sheets 9, 10 and Plan A | ||
Suffolk County Council | W-432/033/0 (Polstead footpath 033) | Between points P-D-1 and P-D-1 as shown on Sheet 12 | Between points P-D-1 and P-D-1 via line PD-D-1 as shown on Sheet 12 |
Suffolk County Council | W-432/020/0 (Polstead footpath 020) | Between points P-E-3 and P-E-3 as shown on Sheet 14 | Between points P-E-3 and P-E-3 via line PD-E-3 as shown on Sheet 14 |
Suffolk County Council | W-362/002/0 (Leavenheath footpath 002) | Between points P-F-1 and P-F-1 as shown on Sheet 15 | Between points P-F-1 and P-F-1 via line PD-F-1 as shown on Sheet 15 |
Suffolk County Council | W-362/001/0 (Leavenheath footpath 001) | Between points P-F-3 and P-F-3 as shown on Sheet 15 and Plan A | Between points P-F-3 and P-F-3 via line PD-F-3 as shown on Sheet 15 and Plan A |
Suffolk County Council | Washbrook Road | Between points SM-AB-9 and SM-AB-10 as shown on Sheet 4 | Between points SM-AB-9 and SM-AB-10 via line SMD-AB-6 as shown on Sheet 4 and Plan A |
Suffolk County Council | Lower Barn Road | Between points SM-AB-11 and SM-AB-12 as shown on Sheet 5 | Between points SM-AB-11 and SM-AB-12 via line SMD-AB-7 as shown on Sheets 4, 5 and Plan A |
Suffolk County Council | Mill Lane | Between points SM-AB-15 and SM-AB-16 as shown on Sheet 5 | Between points SM-AB-15 and SM-AB-16 via line SMD-AB-9 as shown on Sheets 4, 5 and Plan A |
Suffolk County Council | Clay Hill and Duke Street | Between points SM-AB-19 and SM-AB-20 as shown on Sheet 7 and Plan A | Between points SM-AB-19 and SM-AB-20 via line SMD-AB-12 as shown on Sheets 3, 5, 7 and Plan A |
Suffolk County Council | Woodlands Road | Between points SM-AB-22 and SM-AB-23 as shown on Sheet 8 | Between points SM-AB-22 and SM-AB-23 via line SMD-AB-13 as shown on Sheets 7 to 9 and Plan A |
Suffolk County Council | Clay Lane and Pond Hall Road | Between points SM-AB-24 and SM-AB-27 as shown on Sheets 8 and 9 | Between points SM-AB-24 and SM-AB-27 via line SMD-AB-14 as shown on Sheets 7 to 9 and Plan A |
Suffolk County Council | Layham Road | Between points SM-C-3 and SM-C-5 as shown on Sheet 10 | Between point SM-C-3 and SM-C-5 via line SMD-C-2 as shown on Sheets 10, 11 and Plan A |
Suffolk County Council | Overbury Hall Road | Between points SM-C-8 and SM-D-1 as shown on Sheet 10 | Between point SM-C-8 and SM-D-1 via line SMD-C-5 as shown on Sheets 10, 11 and Plan A |
Suffolk County Council | Rands Road | Between points SM-D-1 and SM-D-2 as shown on Sheet 11 | Between point SM-D-1 and SM-D-2 via line SMD-D-1 as shown on Sheets 11, 12 and Plan A |
Suffolk County Council | Millwood Road | Between points SM-D-6 and SM-D-9 as shown on Sheet 12 | Between point SM-D-6 and SM-D-9 via line SMD-D-4 as shown on Sheets 12, 13 and Plan A |
Suffolk County Council | Millwood Road | Between points SM-D-6 and SM-D-7 as shown on Sheet 12 | Between point SM-D-6 and SM-D-7 via line SMD-D-5 as shown on Sheet 12 and Plan A |
Suffolk County Council | Heath Road | Between points SM-D-11 and SM-D-12 as shown on Sheets 12 and 13 | Between point SM-D-11 and SM-D-12 via line SMD-D-9 as shown on Sheets 12, 13 and Plan A |
Suffolk County Council | Holt Road | Between points SM-E-1 and SM-E-2 as shown on Sheet 13 | Between points SM-E-1 and SM-E-2 via line SMD-E-1 as shown on Sheets 13, 14 and Plan A |
Suffolk County Council | Holt Road | Between points SM-E-3 and SM-E-4 as shown on Sheet 13 | Between points SM-E-3 and SM-E-4 via line SMD-E-2 as shown on Sheets 13, 14 and Plan A |
Suffolk County Council | Whitestreet Green | Between points SM-E-5 and SM-E-6 as shown on Sheets 13 and 14 | Between points SM-E-5 and SM-E-6 via line SMD-E-3 as shown on Sheets 13, 14 and Plan A |
Suffolk County Council | Brick Kiln Hill | Between points SM-F-3 and SM-F-4 as shown on Sheet 15 | Between points SM-F-3 and SM-F-4 via line SMD-F-3 as shown on Sheets 15, 16 and Plan B |
Suffolk County Council | Nayland Road | Between points SM-F-7 and SM-F-8 as shown on Sheet 16 | Between points SM-F-7 and SM-F-8 via line SMD-F-5 as shown on Sheets 15, 16 and Plan B |
Suffolk County Council | Barracks Road and The Street | Between points SM-F-9 and SM-F-10 as shown on Sheet 16 | Between points SM-F-9 and SM-F-10 via line SMD-F-6 as shown on Sheet 16 and Plan B |
Suffolk County Council | Barracks Road and Bures Road | Between points SM-F-9 and SM-F-11 as shown on Sheet 17 | Between points SM-F-9 and SM-F-11 via line SMD-F-7 as shown on Sheets 16 to 18 and Plan B |
Suffolk County Council | The Street and Bures Road | Between points SM-F-10 and SM-F-11 as shown on Sheet 17 | Between points SM-F-10 and SM-F-11 via line SMD-F-8 as shown on Sheets 16 to 18 and Plan B |
Suffolk County Council | Wormingford Road | Between points SM-F-11 and SM-F-12 as shown on Sheets 17 and 18 | Between points SM-F-11 and SM-F-12 via line SMD-F-9 as shown on Sheets 16 to 18 and Plan B |
Suffolk County Council | Bures Road | Between points SM-F-11 and SM-G-1 as shown on Sheet 17 | Between points SM-F-11 and SM-G-1 via line SMD-F-10 as shown on Sheets 17, 18 and Plan B |
Suffolk County Council | Dorking Tye | Between points SM-G-1 and SM-G-3 as shown on Sheets 17 and 19 | Between points SM-G-1 and SM-G-3 via line SMD-G-2 as shown on Sheets 17 to 20 and Plan B |
Suffolk County Council | W-171/001/0 (Bures St Mary footpath 001) | Between points P-G-4 and P-G-4 as shown on Sheets 19 and 20 | Between points P-G-4 and P-G-4 via line PD-G-4 as shown on Sheets 19 and 20 |
Essex County Council | Henny Road | Between points SM-G-6 and SM-G-7 as shown on Sheet 20 | Between points SM-G-6 and SM-G-7 via line SMD-G-4 as shown on Sheets 20, 21, 27 and Plan B |
Essex County Council | FP 7 93 | Between points P-G-5 and P-G-5 as shown on Sheet 27 | Between points P-G-5 and P-G-5 via line PD-G-5 as shown on Sheet 27 |
Essex County Council | FP 26 58 | Between points P-G-12 and P-G-12 as shown on Sheet 28 | Between points P-G-12 and P-G-12 via line PD-G-12 as shown on Sheets 27 and 28 |
Essex County Council | FP 11 116 | Between points P-G-17 and P-G-17 as shown on Sheets 28 and 29 | Between points P-G-17 and P-G-17 via line PD-G-17 as shown on Sheets 28 and 29 |
Essex County Council | FP 17 118 | Between points P-H-4 and P-H-4 as shown on Sheet 23 | Between points P-H-4 and P-H-4 via line PD-H-4 as shown on Sheets 23 and 25 |
Essex County Council | FP 13 118 | Between points P-H-5 and P-H-5 as shown on Sheet 25 | Between points P-H-5 and P-H-5 via line PD-H-5 as shown on Sheets 23 and 25 |
Essex County Council | Twinstead Road | Between points SM-G-8 and SM-G-9 as shown on Sheets 21 and 27 | Between points SM-G-8 and SM-G-9 via line SMD-G-5 as shown on Sheets 20, 21, 27 and Plan B |
Essex County Council | Moat Lane | Between points SM-G-9 and SM-G-11 as shown on Sheet 27 | Between points SM-G-9 and SM-G-11 via line SMD-G-6 as shown on Sheets 20, 21, 27 and Plan B |
Essex County Council | Twinstead Road | Between points SM-G-9 and SM-G-13 as shown on Sheets 21 and 27 | Between points SM-G-9 and SM-G-13 via line SMD-G-11 as shown on Sheets 20, 21, 27 and Plan B |
Essex County Council | Loshouse Farm Road and Losh House Lane | Between points SM-G-13 and SM-G-15 as shown on Sheet 21 | Between points SM-G-13 and SM-G-15 via line SMD-G-9 as shown on Sheets 20, 21, 27 and Plan B |
Essex County Council | Henny Back Road | Between points SM-G-19 and SM-G-20 as shown on Sheets 27 and 28 | Between points SM-G-19 and SM-G-20 via line SMD-G-13 as shown on Sheets 27 and 28 |
Essex County Council | Lorkin’s Lane | Between points SM-H-4 and SM-H-5 as shown on Sheets 28 and 29 | Between points SM-H-4 and SM-H-5 via line SMD-H-2 as shown on Sheets 22, 23, 25, 28, 29 and Plan B |
Essex County Council | Twinstead Road | Between points SM-H-5 and SM-H-6 as shown on Sheet 29 | Between points SM-H-5 and SM-H-6 via line SMD-H-3 as shown on Sheets 22, 23, 25, 28, 29 and Plan B |
Essex County Council | Oak Road and Catley Cross | Between points SM-H-9 and SM-H-10 as shown on Sheet 29 | Between points SM-H-9 and SM-H-10 via line SMD-H-5 as shown on Sheets 29, 30 and Plan B |
Essex County Council | Old Road | Between points SM-H-17 and SM-H-18 as shown on Sheet 23 | Between points SM-H-17 and SM-H-18 via line SMD-H-10 as shown on Sheets 23, 25 and 26 |
Essex County Council | Old Road | Between points SM-H-19 and SM-H-20 as shown on Sheets 23, 25 and 26 | Between points SM-H-19 and SM-H-20 via line SMD-H-11 as shown on Sheets 23, 25 and 26 |
Essex County Council | Park Road | Between points SM-H-21 and SM-H-22 as shown on Sheet 26 | Between points SM-H-21 and SM-H-22 via line SMD-H-12 as shown on Sheets 23, 25 and 26 |
PART 2STREETS OR PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED FOR WHICH NO DIVERSION IS TO BE PROVIDED
(1) Area | (2) Street or public right of way to be temporarily stopped up | (3) Extent of temporary stopping up as shown on the Access, Rights of Way and Public Rights of Navigation Plans |
|---|---|---|
Suffolk County Council | W-174/009/0 (Burstall bridleway 009) | Between points P-AB-2 and P-AB-2 as shown on Sheet 1 |
Suffolk County Council | W-174/012/0 (Burstall footpath 012) | Between points P-AB-3 and P-AB-3 as shown on Sheet 1 |
Suffolk County Council | W-318/014/0 (Hintlesham footpath 014) | Between points P-AB-6 and P-AB-6 as shown on Sheet 2 |
Suffolk County Council | Burstall Hill | Between points SM-AB-1 and SM-AB-2 as shown on Sheets 1 and 2 |
Suffolk County Council | Burstall Hill | Between points SM-AB-2 and SM-AB-3 as shown on Sheet 2 |
Suffolk County Council | Ipswich Road, Church Hill and Burstall Hill | Between points SM-AB-2 and SM-AB-4 as shown on Sheet 2 |
Suffolk County Council | W-318/032/0 (Hintlesham footpath 032) | Between points P-AB-7 and P-AB-7 as shown on Sheet 3 |
Suffolk County Council | W-318/048/0 (Hintlesham footpath 048) | Between points P-AB-12 and P-AB-12 as shown on Sheet 3 |
Suffolk County Council | W-318/057/0 (Hintlesham footpath 057) | Between points P-AB-13 and P-AB-13 as shown on Sheet 6 |
Suffolk County Council | W-318/019/0 (Hintlesham footpath 019) | Between points P-AB-16 and P-AB-16 as shown on Sheet 4 |
Suffolk County Council | W-185/006/0 (Chattisham footpath 006) | Between points P-AB-17 and P-AB-17 as shown on Sheet 5 |
Suffolk County Council | W-185/004/0 (Chattisham footpath 004) | Between points P-AB-18 and P-AB-18 as shown on Sheet 5 |
Suffolk County Council | W-185/002/0 (Chattisham footpath 002) | Between points P-AB-19 and P-AB-19 as shown on Sheet 5 |
Suffolk County Council | W-318/041/0 (Hintlesham footpath 041) | Between points P-AB-20 and P-AB-20 as shown on Sheet 7 |
Suffolk County Council | W-318/042/0 (Hintlesham footpath 042) | Between points P-AB-21 and P-AB-21 as shown on Sheet 7 |
Suffolk County Council | W-318/044/0 (Hintlesham footpath 044) | Between points P-AB-22 and P-AB-22 as shown on Sheets 7 and 8 |
Suffolk County Council | W-318/045/0 (Hintlesham footpath 045) | Between points P-AB-23 and P-AB-23 as shown on Sheet 8 |
Suffolk County Council | W-289/030/0 (Hadleigh footpath 030) | Between points P-AB-25 and P-AB-25 as shown on Sheet 9 |
Suffolk County Council | Hadleigh Railway Walk | Between points P-AB-26 and P-AB-26 as shown on Sheet 9 |
Suffolk County Council | W-432/033/0 (Polstead footpath 033) | Between points P-D-1 and P-D-1 as shown on Sheet 12 |
Suffolk County Council | W-432/032/0 (Polstead footpath 032) | Between points P-D-2 and P-D-2 as shown on Sheet 13 |
Suffolk County Council | W-432/013/X (Polstead footpath 013X) | Between points P-E-1 and P-E-1 as shown on Sheet 13 |
Suffolk County Council | W-432/008/0 (Polstead footpath 008) | Between points P-E-2 and P-E-2 as shown on Sheet 13 |
Suffolk County Council | W-432/020/0 (Polstead footpath 020) | Between points P-E-3 and P-E-3 as shown on Sheet 14 |
Suffolk County Council | W-362/002/0 (Leavenheath footpath 002) | Between points P-F-1 and P-F-1 as shown on Sheet 15 |
Suffolk County Council | W-362/002/0 (Leavenheath footpath 002) | Between points P-F-2 and P-F-2 as shown on Sheet 15 |
Suffolk County Council | W-362/001/0 (Leavenheath footpath 001) | Between points P-F-3 and P-F-3 as shown on Sheet 15 |
Suffolk County Council | W-113/007/0 (Assington restricted byway 007) | Between points P-F-4 and P-F-4 as shown on Sheet 17 |
Suffolk County Council | W-113/005/0 (Assington footpath 005) | Between points P-F-5 and P-F-5 as shown on Sheet 17 |
Suffolk County Council | W-113/001/0 (Assington restricted byway 001) | Between points P-G-1 and P-G-1 as shown on Sheet 17 |
Suffolk County Council | W-171/002/X (Bures St Mary restricted byway 002X) | Between points P-G-2 and P-G-2 as shown on Sheet 19 |
Suffolk County Council | W-171/002/0 (Bures St Mary footpath 002) | Between points P-G-3 and P-G-3 as shown on Sheet 19 |
Essex County Council | W-171/001/0 (Bures St Mary footpath 001) | Between points P-G-4 and P-G-4 as shown on Sheets 19 and 20 |
Suffolk County Council | A1071 (Back Road) and A1071 (Ipswich Road) | Between points SM-AB-5 and SM-AB-6 as shown on Sheets 3 and 6 |
Suffolk County Council | A1071 (Thorpe’s Hill) | Between points SM-AB-7 and SM-AB-8 as shown on Sheet 4 |
Suffolk County Council | Chattisham Lane and Mill Lane | Between points SM-AB-13 and SM-AB-14 as shown on Sheet 5 |
Suffolk County Council | Duke Street | Between points SM-AB-17 and SM-AB-18 as shown on Sheet 7 |
Suffolk County Council | Pond Hall Road and Duke Street | Between points SM-AB-19 and SM-AB-21 as shown on Sheets 7 and 8 |
Suffolk County Council | Pond Hall Road | Between points SM-AB-25 and SM-AB-27 as shown on Sheet 9 |
Suffolk County Council | Pond Hall Road | Between points SM-AB-26 and SM-AB-27 as shown on Sheet 9 |
Suffolk County Council | B1070 (Benton End), B1070 (Pipkin Hill) and B1070 (The Street) | Between points SM-C-1 and SM-C-2 as shown on Sheet 10 |
Suffolk County Council | Church Lane | Between points SM-C-4 and SM-C-5 as shown on Sheet 10 |
Suffolk County Council | Overbury Hall Road | Between points SM-C-5 and SM-C-6 as shown on Sheet 10 |
Suffolk County Council | Overbury Hall Road | Between points SM-C-8 and SM-D-1 as shown on Sheet 10 |
Suffolk County Council | Pope’s Green Lane | Between points SM-D-3 and SM-D-4 as shown on Sheet 12 |
Suffolk County Council | B1068 (Stoke Road) | Between points SM-F-1 and SM-F-3 as shown on Sheet 15 |
Suffolk County Council | B1068 (Stoke Road) | Between points SM-F-2 and SM-F-3 as shown on Sheet 15 |
Suffolk County Council | A134 (Colchester Road) and A134 (Nayland Road) | Between points SM-F-5 and SM-F-6 as shown on Sheets 15 and 16 |
Suffolk County Council | Dorking Tye | Between points SM-G-1 and SM-G-2 as shown on Sheet 18 |
Suffolk County Council | B1508 (Bures Road) and B1508 (St Edmunds Hill) | Between points SM-G-4 and SM-G-5 as shown on Sheet 20 |
Essex County Council | FP 7 93 | Between points P-G-5 and P-G-5 as shown on Sheet 27 |
Essex County Council | FP 5 93 | Between points P-G-6 and P-G-6 as shown on Sheet 21 |
Essex County Council | FP 22 84 | Between points P-G-7 and P-G-7 as shown on Sheet 21 |
Essex County Council | FP 23 84 | Between points P-G-8 and P-G-8 as shown on Sheet 21 |
Essex County Council | FP 24 84 | Between points P-G-9 and P-G-9 as shown on Sheet 21 |
Essex County Council | FP 17 116 | Between points P-G-10 and P-G-10 as shown on Sheet 21 |
Essex County Council | FP 16 116 | Between points P-G-11 and P-G-11 as shown on Sheet 21 |
Essex County Council | BR 13 84 | Between points P-G-13 and P-G-13 as shown on Sheet 22 |
Essex County Council | BR 15 116 | Between points P-G-14 and P-G-14 as shown on Sheet 22 |
Essex County Council | FP 16 116 | Between points P-G-15 and P-G-15 as shown on Sheet 22 |
Essex County Council | FP 2 116 | Between points P-G-16 and P-G-16 as shown on Sheet 22 |
Essex County Council | FP 11 116 | Between points P-G-17 and P-G-17 as shown on Sheets 28 and 29 |
Essex County Council | FP 20 84 | Between points P-H-1 and P-H-1 as shown on Sheet 22 |
Essex County Council | BR 1 116 | Between points P-H-2 and P-H-2 as shown on Sheet 23 |
Essex County Council | BR 18 84 | Between points P-H-3 and P-H-3 as shown on Sheet 23 |
Essex County Council | BR 14 69 | Between points P-H-6 and P-H-6 as shown on Sheet 23 |
Essex County Council | BR 28 116 | Between points P-H-7 and P-H-7 as shown on Sheet 23 |
Essex County Council | FP 18 69 | Between points P-H-8 and P-H-8 as shown on Sheet 24 |
Essex County Council | FP 13 118 | Between points P-H-9 and P-H-9 as shown on Sheet 24 |
Essex County Council | Moat Lane | Between points SM-G-10 and SM-G-11 as shown on Sheet 27 |
Essex County Council | Henny Back Road | Between points SM-G-11 and SM-G-12 as shown on Sheet 27 |
Essex County Council | Lorkin’s Lane | Between points SM-G-13 and SM-G-14 as shown on Sheets 21 and 27 |
Essex County Council | Clay Hill | Between points SM-G-16 and SM-G-17 as shown on Sheet 22 |
Essex County Council | Watery Lane | Between points SM-G-18 and SM-H-3 as shown on Sheet 22 |
Essex County Council | Henny Back Road | Between points SM-G-19 and SM-G-20 as shown on Sheets 27 and 28 |
Essex County Council | Whitelands Road | Between points SM-G-21 and SM-G-22 as shown on Sheet 28 |
Essex County Council | Bishops Lane | Between points SM-G-23 and SM-G-24 as shown on Sheet 28 |
Essex County Council | Twinstead Road | Between points SM-G-25 and SM-H-5 as shown on Sheet 29 |
Essex County Council | Church Road | Between points SM-H-1 and SM-H-2 as shown on Sheet 22 |
Essex County Council | Lorkin’s Lane | Between points SM-H-4 and SM-H-5 as shown on Sheets 28 and 29 |
Essex County Council | Twinstead Road | Between points SM-H-5 and SM-H-6 as shown on Sheet 29 |
Essex County Council | Oak Road and Catley Cross | Between points SM-H-9 and SM-H-10 as shown on Sheet 29 |
Essex County Council | Pebmarsh Road | Between points SM-H-7 and SM-H-8 as shown on Sheet 29 |
Essex County Council | Oak Road | Between points SM-H-8 and SM-H-10 as shown on Sheet 29 |
Essex County Council | A131 (Sudbury Road) | Between points SM-H-11 and SM-H-12 as shown on Sheet 30 |
Essex County Council | Green Lane and Old Road | Between points SM-H-13 and SM-H-14 as shown on Sheet 23 |
Essex County Council | A131 (Sudbury Road) | Between points SM-H-15 and SM-H-16 as shown on Sheet 23 |
Essex County Council | Rectory Lane | Between points SM-H-25 and SM-H-26 as shown on Sheet 24 |
Essex County Council | Church Road | Between points SM-H-27 and SM-H-28 as shown on Sheet 24 |
Essex County Council | Hedingham Road | Between points SM-H-29 and SM-H-30 as shown on Sheet 24 |
SCHEDULE 8ACCESS TO WORKS
(1) Street | (2) Access to works reference | (3) Plan Reference |
|---|---|---|
Bullen Lane | Access AB-AP1 | Sheet 1 of the Access, Rights of Way and Public Rights of Navigation Plans |
Burstall Hill | Access AB-AP2A | Sheets 1 and 2 of the Access, Rights of Way and Public Rights of Navigation Plans |
Church Hill | Access AB-AP3, Access AB-AP4, Access AB-AP5 | Sheet 2 of the Access, Rights of Way and Public Rights of Navigation Plans |
A1071 (Back Road) | Access AB-AP6, Access AB-AP7, Access AB-AP8, Access AB-EAP1, Access AB-EAP2a | Sheets 3 and 6 of the Access, Rights of Way and Public Rights of Navigation Plans |
A1071 (Hadleigh Road) | Access AB-DAP1 | Sheet 4 of the Access, Rights of Way and Public Rights of Navigation Plans |
Washbrook Road | Access AB-DAP2, Access AB-DAP3 | Sheet 4 of the Access, Rights of Way and Public Rights of Navigation Plans |
Lower Barn Road | Access AB-DAP4 | Sheet 5 of the Access, Rights of Way and Public Rights of Navigation Plans |
Mill Lane | Access AB-DAP5 | Sheet 5 of the Access, Rights of Way and Public Rights of Navigation Plans |
A1071 (Ipswich Road) | Access AB-EAP-2b | Sheet 6 of the Access, Rights of Way and Public Rights of Navigation Plans |
Duke Street | Access AB-DAP6 | Sheet 7 of the Access, Rights of Way and Public Rights of Navigation Plans |
Clay Hill | Access AB-DAP7 | Sheet 7 of the Access, Rights of Way and Public Rights of Navigation Plans |
Pond Hall Road | Access AB-DAP8, Access AB-AP9, Access AB-AP11, Access AB-AP12, Access AB-AP13, Access AB-AP14, Access AB-AP17 | Sheets 7 to 9 (inclusive) of the Access, Rights of Way and Public Rights of Navigation Plans |
Woodlands Road | Access AB-DAP9 | Sheet 8 of the Access, Rights of Way and Public Rights of Navigation Plans |
Clay Lane | Access AB-DAP10, Access AB-AP15, Access AB-AP16 | Sheet 8 of the Access, Rights of Way and Public Rights of Navigation Plans |
B1070 (Pipkin Hill) | Access C-AP1, C-AP2 | Sheet 10 of the Access, Rights of Way and Public Rights of Navigation Plans |
B1070 (The Street) | Access C-DAP1 | Sheet 10 of the Access, Rights of Way and Public Rights of Navigation Plans |
Layham Road | Access C-AP3, Access C-AP4 | Sheet 10 of the Access, Rights of Way and Public Rights of Navigation Plans |
Overbury Hall Road | Access C-AP5, Access D-AP1 | Sheet 11 of the Access, Rights of Way and Public Rights of Navigation Plans |
Rands Road | Access D-DAP1, Access D-AP2 | Sheet 11 of the Access, Rights of Way and Public Rights of Navigation Plans |
Millwood Road | Access D-DAP2, Access D-AP3, Access D-AP4, Access D-EAP1 | Sheet 12 of the Access, Rights of Way and Public Rights of Navigation Plans |
Heath Road | Access D-AP6, Access D-AP7, Access D-DAP2A, Access D-DAP3 | Sheet 12 of the Access, Rights of Way and Public Rights of Navigation Plans |
Holt Road | Access D-AP8, Access E-AP1 | Sheet 13 of the Access, Rights of Way and Public Rights of Navigation Plans |
Whitestreet Green | Access E-AP4, Access E-AP5, Access E-AP6, Access E-DAP2, Access E-DAP3 | Sheets 13 and 14 of the Access, Rights of Way and Public Rights of Navigation Plans |
Brick Kiln Hill | Access E-AP8, Access F-DAP1 | Sheet 15 of the Access, Rights of Way and Public Rights of Navigation Plans |
B1068 (Stoke Road) | Access E-AP7, Access E-DAP4, Access E-DAP5, Access F-AP1, Access F-AP4 | Sheet 15 of the Access, Rights of Way and Public Rights of Navigation Plans |
A134 (Nayland Road) | Access F-AP5, Access F-AP6, Access F-DAP2 | Sheets 15 and 16 of the Access, Rights of Way and Public Rights of Navigation Plans |
A134 (Colchester Road) | Access F-AP7 | Sheet 16 of the Access, Rights of Way and Public Rights of Navigation Plans |
Nayland Road | Access F-AP8, Access F-AP9, Access F-DAP3 | Sheet 16 of the Access, Rights of Way and Public Rights of Navigation Plans |
Bures Road | Access F-AP10, Access F-AP12, Access F-AP13, Access F-DAP4, Access F-DAP5 | Sheet 17 of the Access, Rights of Way and Public Rights of Navigation Plans |
Wormingford Road | Access F-AP11 | Sheet 17 of the Access, Rights of Way and Public Rights of Navigation Plans |
Dorking Tye | Access F-AP14, Access G-AP1, Access G-AP2 | Sheet 17 of the Access, Rights of Way and Public Rights of Navigation Plans |
B1508 (St Edmunds Hill) | Access G-AP3, Access G-AP4, Access G-DAP1, Access G-DAP2 | Sheet 20 of the Access, Rights of Way and Public Rights of Navigation Plans |
(1) Street | (2) Access to works reference | (3) Plan Reference |
|---|---|---|
Henny Road | Access G-AP5, Access G-AP6, Access G-DAP3, Access G-DAP4 | Sheet 20 of the Access, Rights of Way and Public Rights of Navigation Plans |
Losh House Lane | Access G-AP9, Access G-AP13 | Sheet 21 of the Access, Rights of Way and Public Rights of Navigation Plans |
Twinstead Road | Access G-DAP5, Access G-DAP6, Access G-DAP7, Access G-DAP8 | Sheets 21 and 27 of the Access, Rights of Way and Public Rights of Navigation Plans |
Lorkin’s Lane | Access G-AP10 | Sheets 21 and 27 of the Access, Rights of Way and Public Rights of Navigation Plans |
Clay Hill | Access G-YLAP3 | Sheet 22 of the Access, Rights of Way and Public Rights of Navigation Plans |
Church Road | Access G-YLAP4 | Sheet 22 of the Access, Rights of Way and Public Rights of Navigation Plans |
Watery Lane | Access G-YLAP5 | Sheet 22 of the Access, Rights of Way and Public Rights of Navigation Plans |
A131 (Sudbury Road) | Access H-AP1, Access H-AP2 | Sheet 23 of the Access, Rights of Way and Public Rights of Navigation Plans |
Rectory Lane | Access, H-YLAP2 | Sheet 24 of the Access, Rights of Way and Public Rights of Navigation Plans |
Church Road | Access, H-YLAP3, Access H-YLAP4 | Sheet 24 of the Access, Rights of Way and Public Rights of Navigation Plans |
Hedingham Road | Access, H-YLAP5, Access H-YLAP6 | Sheet 24 of the Access, Rights of Way and Public Rights of Navigation Plan |
Old Road | Access H-AP3, Access H-AP4, Access H-AP5, Access H-AP6, Access H-AP7, Access, H-YLAP1 | Sheets 23 and 26 of the Access, Rights of Way and Public Rights of Navigation Plans |
Park Road | Access H-AP8 | Sheet 26 of the Access, Rights of Way and Public Rights of Navigation Plans |
School Road | Access H-AP9 | Sheet 26 of the Access, Rights of Way and Public Rights of Navigation Plan |
Moat Lane | Access G-AP7, Access G-AP8 | Sheet 27 of the Access, Rights of Way and Public Rights of Navigation Plans |
Henny Back Road | Access G-AP10, Access G-AP11, Access G-AP12, Access G-AP14, Access H-AP10, Access H-AP11 | Sheets 27 and 28 of the Access, Rights of Way and Public Rights of Navigation Plans |
Whitelands Road | Access H-AP12, Access H-AP13, Access H-AP16, Access H-AP17, | Sheets 28 and 29 of the Access, Rights of Way and Public Rights of Navigation Plans |
Lorkin’s Lane | Access H-AP14, Access H-AP15 | Sheet 29 of the Access, Rights of Way and Public Rights of Navigation Plans |
Oak Road | Access H-AP18, Access H-AP19 | Sheet 29 of the Access, Rights of Way and Public Rights of Navigation Plans |
A131 (Sudbury Road) | Access H-AP20 | Sheet 30 of the Access, Rights of Way and Public Rights of Navigation Plans |
SCHEDULE 9MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
Compensation enactments
1.
The enactments for the time being in force with respect to compensation for the compulsory purchase of land apply, with the necessary modifications as respects compensation, in the case of a compulsory acquisition under this Order of a right, by the creation of a new right or imposition of a restriction as they apply as respects compensation on the compulsory purchase of land and interests in land.
2.
(1)
(2)
In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 of the 1965 Act as substituted by paragraph 5—
(a)
for “land is acquired or taken from” substitute “a right or restrictive covenant over land is purchased from or imposed on”
; and
(b)
for “acquired or taken from him” substitute “over which the right is exercisable or the restrictive covenant enforceable”
.
3.
(1)
(2)
“(a)
the acquiring authority enters on land for the purpose of exercising a right in pursuance of a notice of entry under section 11(1) of the 1965 Act, as modified by paragraph (8) of Schedule 9 (modification of compensation and compulsory purchase enactments for creation of a new right) to the National Grid (Bramford to Twinstead Reinforcement Order 2024;
(b)
the acquiring authority is subsequently required by a determination under paragraph 13 of Schedule 2A to the 1965 Act (as substituted by paragraph 11 of Schedule 9 to the National Grid (Bramford to Twinstead Reinforcement) Order 2024 to acquire an interest in the land; and
(c)
the acquiring authority enters on and takes possession of that land,
the authority is deemed for the purposes of subsection (3)(a) to have entered on that land when it entered on that land for the purpose of exercising that right.”.
Application of the 1965 Act
4.
(1)
The 1965 Act has effect with the modifications necessary to make it apply to the compulsory acquisition under this Order of a right by the creation of a new right, or to the imposition under this Order of a restrictive covenant, as it applies to the compulsory acquisition under this Order of land, so that, in appropriate contexts, references in that Act to land must be read (according to the requirements of the particular context) as referring to, or as including references to—
(a)
the right acquired or to be acquired, or the restriction imposed or to be imposed; or
(b)
the land over which the right is or is to be exercisable, or the restriction is or is to be enforceable.
(2)
Without limitation on the scope of sub-paragraph (1), Part 1 of the 1965 Act applies in relation to the compulsory acquisition under this Order of a right by the creation of a new right or, in relation to the imposition of a restriction, with the modifications specified in the following provisions of this Schedule.
(3)
Section 4 (time limit for giving notice to treat) is omitted.
(4)
In section 4A(1) (extension of time limit during challenge)—
(a)
for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order)” substitute “section 118 of the Planning Act 2008 (legal challenges relating to applications for orders granting development consent”
; and
(b)
for “the three year period mentioned in section 4” substitute “the five year period mentioned in article 32 of the National Grid (Bramford to Twinstead Reinforcement) Order 2024”
.
5.
“7.
In assessing the compensation to be paid by the acquiring authority under this Act, regard must be had not only to the extent (if any) to which the value of the land over which the right is to be acquired or the restrictive covenant is to be imposed is depreciated by the acquisition of the right or the imposition of the covenant but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.”
6.
“8.
(1)
Where in consequence of the service on a person under section 5 of this Act of a notice to treat in respect of a right over land consisting of a house, building or manufactory or of a park or garden belonging to a house (“the relevant land”)—
(a)
a question of disputed compensation in respect of the purchase of the right or the imposition of the restrictive covenant would apart from this section fall to be determined by the tribunal; and
(b)
before the tribunal has determined that question the tribunal is satisfied that the person has an interest in the whole of the relevant land and is able and willing to sell that land and—
(i)
where that land consists of a house, building or factory, that the right cannot be purchased or the restrictive covenant imposed without material detriment to that land; or
(ii)
where that land consists of such a park or garden, that the right cannot be purchased or the restrictive covenant imposed without seriously affecting the amenity or convenience of the house to which that land belongs,
the National Grid (Bramford to Twinstead Reinforcement) Order 2024 (“the Order”) ceases, in relation to that person, to authorise the purchase of the right or imposition of a restriction and is deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of such a park or garden, the house to which it belongs, and the notice is deemed to have been served in respect of that interest on such date as the tribunal directs.
(2)
Any question as to the extent of the land in which the Order is deemed to authorise the purchase of an interest by virtue of subsection (1) of this section must be determined by the tribunal.
(3)
Where in consequence of a determination of the tribunal that it is satisfied as mentioned in subsection (1) of this section the Order is deemed by virtue of that subsection to authorise the purchase of an interest in land, the acquiring authority may, at any time within the period of 6 weeks beginning with the date of the determination, withdraw the notice to treat in consequence of which the determination was made; but nothing in this subsection prejudices any other power of the authority to withdraw the notice.”.
7.
The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say—
(a)
section 9(4) (failure by owners to convey);
(b)
paragraph 10(3) of Schedule 1 (conveyance of the land or interest);
(c)
paragraph 2(3) of Schedule 2 (absent and untraced owners); and
(d)
paragraphs 2(3) and 7(2) of Schedule 4 (common land),
are modified to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired or the restrictive covenant which is to be imposed is vested absolutely in the acquiring authority.
8.
9.
10.
Section 22 of the 1965 Act (interests omitted from purchase) is modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired or to enforce the restriction imposed, subject to compliance with that section as respects compensation.
11.
In section 22(2) (expiry of time limit for exercise of compulsory purchase power not to affect acquisition of interests omitted from purchase) for “section 4 of this Act” substitute “article 32 (time limit for exercise of authority to acquire land and rights compulsorily) of the National Grid (Bramford to Twinstead Reinforcement) Order 2024”
.
12.
“SCHEDULE 2ACOUNTER-NOTICE REQUIRING PURCHASE OF LAND
Introduction
1.
This Schedule applies where an acquiring authority serves a notice to treat in respect of a right over, or restrictive covenant affecting, the whole or part of a house, building or factory and have not executed a general vesting declaration under section 4 of the 1981 Act as applied by article 34 (application of the 1981 Act) of the National Grid (Bramford to Twinstead Reinforcement) Order 2024 in respect of the land to which the notice to treat relates.
2.
In this Schedule, “house” includes any park or garden belonging to a house.
Counter-notice requiring purchase of land
3.
A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the authority to purchase the owner’s interest in the house, building or factory.
4.
A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served.
Response to counter-notice
5.
On receiving a counter-notice, the acquiring authority must decide whether to—
(a)
withdraw the notice to treat,
(b)
accept the counter-notice, or
(c)
refer the counter-notice to the Upper Tribunal.
6.
The authority must serve notice of its decision on the owner within the period of three months beginning with the day on which the counter-notice is served (“the decision period”).
7.
If the authority decides to refer the counter-notice to the Upper Tribunal it must do so within the decision period.
8.
If the authority does not serve notice of a decision within the decision period it is to be treated as if it had served notice of a decision to withdraw the notice to treat at the end of that period.
9.
If the authority serves notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in the house, building or factory.
Determination by Upper Tribunal
10.
On referral under paragraph 7, the Upper Tribunal must determine whether the acquisition of the right or the imposition of the restrictive covenant would—
(a)
in the case of a house, building or factory, cause medical detriment to the house, building or factory, or
(b)
in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs.
11.
In making its determination, the Upper Tribunal must take into account—
(a)
the effect of the acquisition of the right or the imposition of the covenant,
(b)
the use to be made of the right or covenant proposed to be acquired or imposed, and
(c)
if the right or covenant is proposed to be acquired or imposed for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land.
12.
If the Upper Tribunal determines that the acquisition of the right or the imposition of the covenant would have either of the consequences described in paragraph 10, it must determine how much of the house, building or factory the authority ought to be required to take.
13.
If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in that land.
14.
(1)
If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the authority may at any time within the period of six weeks beginning with the day on which the Upper Tribunal make its determination withdraw the notice to treat in relation to that land.
(2)
If the acquiring authority withdraws the notice to treat under this paragraph they must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice.
15.
Any dispute as to the compensation is to be determined by the Upper Tribunal.”.
13.
In this Schedule, references to entering on and taking possession of land do not include doing so under articles 20 (protective works), 25 (temporary use of land by National Grid) or 27 (temporary use of land for maintaining the authorised development) of this Order.
SCHEDULE 10LAND OF WHICH ONLY TEMPORARY POSSESSION MAY BE TAKEN
(1) Plot number of land shown on Land Plan | (2) Purpose for which temporary possession may be taken | (3) Relevant part of the authorised development | (4) Element of Work in respect of which land is not required to be reinstated |
1-05 | Temporary use for access | Work No. 1 and Work No. 2 | |
1-07, 1-09, 1-15, 1-21, 1-23, 1-24, 1-25, 1-27 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 1 and Work No. 2 | 1-07 – removal of pylon foundations only to a depth of 1.5m 1-09 – planting 1-21 – removal of pylon foundations only to a depth of 1.5m 1-15 – planting |
2-03 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 1 and Work No. 2 | |
2-11, 2-24, 2-35, 2-36, 2-38, 2-39, 2-42, 2-44 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 1 and Work No. 2 | 2-24 – planting 2-38 – planting 2-42 – planting 2-44 – planting |
3-03, 3-07, 3-08 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 1 and Work No. 2 | 3-08 – planting |
3-01, 3-02 | Temporary use for access | Work No. 1 and Work No. 2 | |
3-11, 3-12, 3-51, 3-52, 3-53, 3-55, 3-57, 3-58, 3-60, 3-62, 3-63, 3-64, 3-67, 3-68, 3-69, 3-70, 3-71, 3-73, 3-74, 3-78, 3-80, 3-81, 3-82, 3-83, 3-87, 3-88, 3-96, 3-99, 3-106, 3-108, 3-109, 3-110, 3-111, 3-112, 3-113, 3-115 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No 1 and Work No. 2 | 3-11 – planting 3-12 – planting 3-51 – planting 3-53 – planting 3-55 – planting 3-57 – planting 3-62 – planting 3-63 – planting 3-64 – planting 3-68 – planting 3-73 – planting 3-74 – planting 3-82 – planting 3-83 – planting |
4-01, 4-02 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 8 | |
4-03, 4-04, 4-05 | Temporary use for access | Work No. 8 | |
4-06 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 8 | |
4-07 | Temporary use for access | Work No. 8 | |
4-08, 4-09, 4-10, 4-11, 4-13 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 8 | 4-09 – removal of pylon foundations only to a depth of 1.5m |
4-16 | Temporary use for access | Work No. 8 | |
4-17, 4-18 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 8 | |
4-24 | Temporary use for access | Work No. 8 | |
4-25, 4-26, 4-27, 4-28 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 8 | 4-25 – removal of pylon foundations only to a depth of 1.5m 4-27 – removal of pylon foundations only to a depth of 1.5m |
4-29 | Temporary use for access | Work No. 8 | |
4-30, 4-31, 4-33, 4-34, 4-36, 4-37, 4-39, 4-40 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 8 | 4-31 – removal of pylon foundations only to a depth of 1.5m 4-40 – removal of pylon foundations only to a depth of 1.5m |
5-01, 5-02 | Temporary use for access | Work No. 8 | |
5-03, 5-04, 5-05, 5-06, 5-07 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 8 | 5-06 – removal of pylon foundations only to a depth of 1.5m |
5-08, 5-09, 5-10, 5-11 | Temporary use for access | Work No. 8 | |
5-12, 5-14, 5-15, 5-16, 5-19 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 8 | 5-15 – removal of pylon foundations only to a depth of 1.5m |
5-20 | Temporary use for access | Work No. 8 | |
6-06, 6-10, 6-21, 6-16 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 1 and Work No. 2 | 6-06 – planting 6-10 – planting 6-21 – planting |
6-22, 6-23 | Temporary use for access | Work No. 1 and Work No. 2 | |
6-25, | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 1 and Work No. 2 | 6-25 – planting |
6-29, 6-30, 6-31, 6-32, 6-33, 6-35 | Temporary use for access | Work No. 1 and Work No. 2 | |
6-41, 6-43 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 1 and Work No. 2 | 6-41 – planting 6-43 – planting |
6-45, 6-46, 6-47, 6-50 | Temporary use for access | Work No. 1 and Work No. 2 | |
7-01 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 8 | 7-01 – removal of pylon foundations only to a depth of 1.5m |
7-02, 7-03, 7-04, 7-05, 7-06, 7-07, 7-08 | Temporary use for access | Work No. 8 | |
7-09 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 8 | 7-09 – removal of pylon foundations only to a depth of 1.5m |
7-10, 7-11 | Temporary use for access | Work No. 8 | |
7-12, 7-13 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 8 | |
7-14 | Temporary use for access | Work No. 8 | |
7-15 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 8 | 7-15 – removal of pylon foundations only to a depth of 1.5m |
7-16, 7-17 | Temporary use for access | Work No. 8 | |
7-19, 7-20, 7-21, 7-22, 7-23, 7-24, 7-25, 7-27, 7-28, 7-29, 7-30, 7-31, 7-32, 7-33, 7-34, 7-35, 7-37, 7-38, 7-39, 7-40, 7-41, 7-43, 7-44, 7-45, 7-46, 7-47, 7-49, 7-50, | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 8 | 7-50 – removal of pylon foundations only to a depth of 1.5m |
8-03, 8-04, 8-05 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 8 | 8-03 – planting |
8-06, 8-07, 8-08, 8-09, 8-10, 8-11 | Temporary use for access | Work No. 8 | |
8-12, 8-14, 8-15, 8-16, 8-18, 8-19, 8-23, 8-25, 8-29, 8-33, 8-34, 8-38, 8-39, 8-53, 8-55, 8-57, 8-58, 8-59, 8-60, 8-61, 8-62, 8-66, 8-73, 8-74, 8-88, 8-96, 8-100, 8-104, 8-113, 8-114, 8-118, 8-119, 8-120, 8-126, 8-128 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 1 and Work No. 2 and Work No. 8 | 8-12 – removal of pylon foundations only to a depth of 1.5m 8-15 – planting 8-53 – planting 8-57 – removal of pylon foundations only to a depth of 1.5m 8-66 – planting 8-74 – planting 8-100 – planting 8-118 – planting |
9-09 | Temporary use for access | Work No. 2 and Work No. 8 | |
9-11, 9-14 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 2 and Work No. 8 | |
9-12, 9-15, 9-19, 9-21, 9-23, 9-27, 9-28 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 2 and Work No. 8 | |
10-17 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 2 and Work No. 8 | 10-17 – planting |
10-21 | Temporary use for access | Work No. 2 and Work No. 8 | |
10-30 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 2 and Work No. 8 | 10-30 – planting |
11-02 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 2 and Work No. 8 | 11-02 – planting |
12-04, 12-10, 12-22 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 2 and Work No. 8 | 12-10 – planting |
12-23, 12-25, 12-27, 12-50, 12-51 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 3 and Work No. 8 | 12-23 – removal of pylon foundations only to a depth of 1.5m 12-51 – removal of pylon foundations only to a depth of 1.5m |
12-52, 12-54, 12-55 | Temporary use for access | Work No. 3 and Work No. 8 | |
13-01 | Temporary use for access | Work No. 8 | |
13-05 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 8 | 13-05 – removal of pylon foundations only to a depth of 1.5m |
13-14 | Temporary use for access | Work No. 8 | |
13-15 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 8 | |
13-16, 13-17 | Temporary use for access | Work No. 3 and Work No. 8 | |
13-18 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 8 | 13-18 – removal of pylon foundations only to a depth of 1.5m |
13-19, 13-20, 13-24, 13-25, 13-26, 13-27, 13-28 | Temporary use for access | Work No. 3 and Work No. 8 | |
13-29, 13-30 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 3 and Work No. 8 | 13-30 – removal of pylon foundations only to a depth of 1.5m |
13-31, 13-32, 13-33 | Temporary use for access | Work No. 3 and Work No. 8 | |
14-06, 14-08 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 3 and Work No. 8 | 14-06 – planting |
14-17, 14-18, 14-20, 14-21, 14-22, 14-24, 14-27, 14-28, 14-30, 14-31, 14-32, 14-33, 14-34 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 3 and Work No. 8 | 14-24 – planting 14-31 – removal of pylon foundations only to a depth of 1.5m |
14-35, 14-37 | Temporary use for access | Work No. 3 and Work No. 8 | |
14-38, 14-39 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No.8 | 14-38 – removal of pylon foundations only to a depth of 1.5m |
14-40, 14-41, 14-42, 14-43, 14-44, 14-45, | Temporary use for access | Work No. 3 and Work No. 8 | |
15-16 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 8 | |
15-10, 15-15, 15-17, 15-18 | Temporary use for access | Work No. 8 | |
15-19 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 8 | |
15-20, 15-22, 15-23 | Temporary use for access | Work No. 3 and Work No. 8 | |
15-24 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 3 and Work No. 8 | |
15-25 | Temporary use for access | Work No. 3 and Work No. 8 | |
15-26 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 3 and Work No. 8 | 15-26 – removal of pylon foundations only to a depth of 1.5m |
15-27 | Temporary use for access | Work No. 3 and Work No. 8 | |
15-28 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 3 and Work No. 8 | 15-28 – removal of pylon foundations only to a depth of 1.5m |
15-29 | Temporary use for access | Work No. 3 and Work No. 8 | |
15-31, 15-32 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 3 and Work No. 8 | 15-31 – removal of pylon foundations only to a depth of 1.5m |
15-33, 15-46, 15-47, 15-48, 15-49, 15-50, 15-51, 15-52, 15-53 | Temporary use for access | Work No. 3 and Work No. 8 | |
15-54, 15-55 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 3 and Work No. 8 | 15-55 – removal of pylon foundations only to a depth of 1.5m |
15-56, 15-57, 15-58, 15-63 | Temporary use for access | Work No. 3 and Work No. 8 | |
15-66, 15-69, 15-85, 15-86 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 3, Work No. 4 and Work No. 8 | 15-85 – planting |
15-97, 15-99, 15-104, 15-110, 15-112, 15-114, | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 4 and Work No. 8 | 15-97 – planting |
16-03, 16-10, 16-14, 16-20, 16-22, 16-35 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 4 and Work No. 8 | |
16-51, 16-54 | Temporary use for access | Work No. 4 and Work No. 8 | |
16-58 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 4 and Work No. 8 | 16-58 – removal of pylon foundations only to a depth of 1.5m |
16-65 | Temporary use for access | Work No. 4 and Work 8 | |
16-67, 16-69, 16-72, 16-73, 16-74, 16-84, 16-88 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 4 and Work No. 8 | |
17-01 | Temporary use for access | Work No. 4 and Work No. 8 | |
17-13, 17-29, 17-30, 17-34, 17-35, 17-37, 17-42, 17-67, 17-68, 17-69 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 4 and Work No. 8 | 17-34 – planting 17-35 – planting 17-37 – planting 17-42 – removal of pylon foundations only to a depth of 1.5m 17-68 – removal of pylon foundations only to a depth of 1.5m |
17-70 | Temporary use for access | Work No. 4 and Work No. 8 | |
17-104, 17-108, 17-109 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 4 and Work No. 8 | 17-109 – removal of pylon foundations only to a depth of 1.5m 17-109 – planting |
19-08 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 4 and Work No. 8 | 19-08 – removal of pylon foundations only to a depth of 1.5m |
19-16 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 5 and Work No. 8 | 19-16 – removal of pylon foundations only to a depth of 1.5m |
19-24, 19-25, 19-26 | Temporary use for access | Work No. 5 and Work No. 8 | |
19-29, 19-30, 19-31, 19-32, 19-34, 19-36 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 5 and Work No. 8 | |
20-01 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 5 and Work No. 8 | |
20-06, 20-07 | Temporary use for access | Work No. 5 and Work No. 8 | |
20-10 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 5 and Work No. 8 | |
20-13, 20-14, 20-15, 20-16 | Temporary use for access | Work No. 5 and Work No. 8 | |
20-46, 20-47, 20-48 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 5 and Work No. 8 | |
20-53 | Temporary use for access | Work No. 5 and Work No. 8 | |
20-57, 20-58 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 5 and Work No. 8 | 20-58 – removal of pylon foundations only to a depth of 1.5m |
21-01, 21-03, 21-04, 21-05, 21-06, 21-07, 21-09, 21-10, 21-11, 21-12, 21-13, 21-14 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 5 and Work No. 8 | 21-04 – removal of pylon foundations only to a depth of 1.5m 21-09 – removal of pylon foundations only to a depth of 1.5m |
21-15, 21-16, 21-17, 21-18, 21-19 | Temporary use for access | Work No. 8 | |
21-20, 21-21 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 8 | 21-21 – removal of pylon foundations only to a depth of 1.5m |
21-22 | Temporary use for access | Work No. 8 | |
21-23 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 8 | |
21-24 | Temporary use for access | Work No. 8 | |
21-25 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 8 | 21-25 – removal of pylon foundations only to a depth of 1.5m |
21-26, 21-27, 21-28, 21-29, 21-30, 21-31, 21-32 | Temporary use for access | Work No. 7 and Work No. 8 | |
21-33, 21-34, 21-35 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 7 and Work No. 8 | |
21-36 | Temporary use for access | Work No. 7 and Work No. 8 | |
21-37, 21-38 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 7 and Work No. 8 | 21-38 – removal of pylon foundations only to a depth of 1.5m |
21-39, 21-40 | Temporary use for access | Work No. 7 and Work No. 8 | |
21-41, 21-42, 21-44, 21-47, 21-49, 21-50, 21-51, 21-52, 21-55, 21-56, 21-57, 21-58, 21-59, 21-61 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 7 and Work No. 8 | |
21-62, 21-63, 21-64, 21-65 | Temporary use for access | Work No. 7 and Work No. 8 | |
21-66, 21-67, 21-68, 21-69, 21-70, 21-71 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 7 and Work No. 8 | 21-68 – removal of pylon foundations only to a depth of 1.5m 21-71 – removal of pylon foundations only to a depth of 1.5m |
21-72 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 10 | |
21-73 | Temporary use for access | Work No. 10 | |
22-01 | Temporary use for access | Work No. 10 | |
22-02 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 10 | |
22-03, 22-04, 22-05, 22-06, 22-07, 22-08, 22-09, 22-10, 22-11, 22-12 | Temporary use for access | Work No 10 | |
22-13 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 10 | |
22-14, 22-15, 22-16, 22-17, 22-18, 22-19 | Temporary use for access | Work No. 10 | |
22-20 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 10 | |
22-21 | Temporary use for access | Work No. 10 | |
22-22, 23-01 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 10 | |
23-02, 23-03 | Temporary use for access | Work No. 10 | |
23-04 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 9 and Work No. 10 and Work No. 11 | |
23-06, 23-07, 23-08, 23-09, 23-10 | Temporary use for access | Work No. 10 | |
23-11, 23-16, 23-15, 23-18, 23-21, 23-22, 23-25 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 9, Work No. 10 and Work No. 11 | |
23-26, 23-27 | Temporary use for access | Work No. 9, Work No. 10 and Work No. 11 | |
23-33, 23-37, 23-45, 23-47, 23-49, 23-55 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 9 and Work No. 10 and Work No. 11 | |
23-50, 23-51, 23-53, 23-54, 23-56 | Temporary use for access | Work No. 9 and Work No. 10 and Work No. 11 | |
23-57 | Temporary use for access | Work No. 9 and Work No. 10 and Work No. 11 | |
23-58, 23-59, 23-60 | Temporary use for access | Work No. 9 and Work No. 10 and Work No. 11 | |
24-01 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No 10 | |
24-02, 24-03, 24-04 | Temporary use for access | Work No 10 | |
24-05, 24-06, 24-07 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No 10 | |
24-08 | Temporary use for access | Work No. 10 | |
24-09 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 10 | |
24-10, 24-11, 24-12, 24-13, 24-14, 24-15 | Temporary use for access | Work No. 10 | |
24-16 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 10 | |
24-17 | Temporary use for access | Work No. 10 | |
24-18 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 10 | |
24-19, 24-20 | Temporary use for access | Work No. 10 | |
24-21 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 10 | |
24-22, 24-23 | Temporary use for access | Work No. 10 | |
24-24 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 10 | |
24-25, 24-26, 24-27, 24-28 | Temporary use for access | Work No. 10 | |
25-02, 25-03, 25-04, 25-05, 25-06, 25-07, 25-09, 25-10, 25-11, 25-12 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 11 | |
25-13 | Temporary use for access | Work No. 11 | |
26-01 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 11 | |
26-02, 26-03 | Temporary use for access | Work No. 11 | |
26-04 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 11 | |
26-05, 26-06, 26-07 | Temporary use for access | Work No. 11 | |
26-08 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 11 | |
26-09 | Temporary use for access | Work No. 11 | |
26-10 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 11 | |
26-11, 26-12, 26-13, 26-14, 26-15 | Temporary use for access | Work No. 11 | |
26-16 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 11 | |
27-09, 27-30, 27-31, 27-33, 27-36, 27-38, 27-46, 27-47, 27-48, 27-56 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 5 and Work No. 7 | |
27-49, 27-52 | Temporary use for access | Work No. 5 and Work No. 7 | |
28-01, 28-02, 28-18, 28-19, 28-22, 28-23, 28-24, 28-25, 28-27, 28-28, 28-29, 28-33, 28-37, 28-44, 28-58 | Temporary use for construction, mitigation, maintenance, and dismantling of redundant infrastructure | Work No. 5, Work No. 6 and Work No. 7 |
SCHEDULE 11EXTINGUISHMENT OF PRIVATE RIGHTS AND RESTRICTIVE COVENANTS RELATING TO APPARATUS BELONGING TO NATIONAL GRID OR UKPN REMOVED FROM LAND SUBJECT TO TEMPORARY POSSESSION
Area | Plot |
|---|---|
District of Mid-Suffolk | 1-07, 1-21, 1-23, 1-24, 1-25, 1-27 |
District of Braintree | 21-37, 21-38, 21-41, 21-66, 21-68, 21-69 |
District of Braintree | 27-29, 27-31, 27-34, 27-36, 27-42, 27-43 |
Area | Plot |
|---|---|
District of Babergh | 2-03 |
District of Babergh | 3-15, 3-19, 3-27, 3-55, 3-57, 3-60, 3-64, 3-69, 3-108, 3-109, 3-115 |
District of Babergh | 4-06, 4-08, 4-09, 4-10, 4-11, 4-16, 4-17, 4-18, 4-23, 4-24, 4-25, 4-26, 4-27, 4-28, 4-30, 4-31, 4-33, 4-34, 4-35, 4-36, 4-40 |
District of Babergh | 5-03, 5-04, 5-05, 5-06, 5-07, 5-12, 5-14, 5-15, 5-19, |
District of Babergh | 7-01, 7-09, 7-12, 7-13, 7-15, 7-20, 7-21, 7-23, 7-28, 7-29, 7-32, 7-35, 7-37, 7-43, 7-44, 7-45, 7-46, 7-47, 7-50 |
District of Babergh | 8-12, 8-57, 8-118, 8-119, 8-120, 8-128 |
District of Babergh | 9-12, 9-15, 9-19, 9-21, 9-23, 9-27, 9-28 |
District of Babergh | 12-23, 12-50, 12-51 |
District of Babergh | 13-05, 13-15, 13-18, 13-29, 13-30 |
District of Babergh | 14-06, 14-08, 14-18, 14-24, 14-30, 14-31, 14-32, 14-33, 14-36, 14-38, 14-39 |
District of Babergh | 15-16, 15-24, 15-26, 15-28, 15-31, 15-54, 15-55, 15-69 |
District of Babergh | 16-22, 16-35, 16-58, 16-67, 16-69, 16-72, 16-73, 16-74, 16-84 |
District of Babergh | 17-13, 17-30, 17-42, 17-67, 17-68, 17-69, 17-109 |
District of Babergh | 19-08, 19-16 |
District of Braintree | 20-58 |
District of Braintree | 21-01, 21-03, 21-04, 21-05, 21-09, 21-20, 21-21, 21-23, 21-25, 21-38, 21-41, 21-55, 21-58, 21-59, 21-60, 21-71 |
SCHEDULE 12TRAFFIC REGULATION ORDERS
PART 1TEMPORARY RESTRICTION OF WAITING AND RESTRICTION OF SPEED
(1) Area | (2) Road | (3) Extent as shown on the Traffic Regulation Order Plans | (4) Note |
|---|---|---|---|
Suffolk County Council | Burstall Hill | Between points TRO-AB-1 and TRO-AB-2 as shown on Sheets 1 and 2 | No waiting restriction between 07.00 and 19.00 Monday to Sunday. Speed limit to be restricted to 30mph. |
Suffolk County Council | Burstall Hill | Between points TRO-AB-2 and TRO-AB-3 as shown on Sheet 2 | No waiting restriction between 07.00 and 19.00 Monday to Sunday. Speed limit to be restricted to 30mph. |
Suffolk County Council | Ipswich Road, Church Hill and Burstall Hill | Between points TRO-AB-2 and TRO-AB-4 as shown on Sheet 2 | No waiting restriction between 07.00 and 19.00 Monday to Sunday. Speed limit to be restricted to 30mph. |
Suffolk County Council | A1071 (Ipswich Road) and A1071 (Back Road) | Between points TRO-AB-5 and TRO-AB-6 as shown on Sheets 3 and 6 | No waiting restriction between 07.00 and 19.00 Monday to Sunday. Speed limit to be restricted to 30mph. |
Suffolk County Council | A1071 (Hadleigh Road) | Between points TRO-AB-7 and TRO-AB-8 as shown on Sheet 4 | No waiting restriction between 07.00 and 19.00 Monday to Sunday. Speed limit to be restricted to 30mph. |
Suffolk County Council | Washbrook Road | Between points TRO-AB-9 and TRO-AB-10 as shown on Sheet 4 | No waiting restriction between 07.00 and 19.00 Monday to Sunday. Speed limit to be restricted to 30mph. |
Suffolk County Council | Lower Barn Road | Between points TRO-AB-11 and TRO-AB-12 as shown on Sheet 5 | No waiting restriction between 07.00 and 19.00 Monday to Sunday. Speed limit to be restricted to 30mph. |
Suffolk County Council | Mill Lane | Between points TRO-AB-15 and TRO-AB-16 as shown on Sheet 5 | No waiting restriction between 07.00 and 19.00 Monday to Sunday. Speed limit to be restricted to 30mph. |
Suffolk County Council | Duke Street | Between points TRO-AB-17 and TRO-AB-18 as shown on Sheet 7 | No waiting restriction between 07.00 and 19.00 Monday to Sunday. Speed limit to be restricted to 30mph. |
Suffolk County Council | Pond Hall Road and Duke Street | Between points TRO-AB-19 and TRO-AB-21 as shown on Sheets 7 and 8 | No waiting restriction between 07.00 and 19.00 Monday to Sunday. Speed limit to be restricted to 30mph. |
Suffolk County Council | Clay Hill and Duke Street | Between points TRO-AB-19 and TRO-AB-20 as shown on Sheet 7 | No waiting restriction between 07.00 and 19.00 Monday to Sunday. Speed limit to be restricted to 30mph. |
Suffolk County Council | Woodlands Road | Between points TRO-AB-22 and TRO-AB-23 as shown on Sheet 8 | No waiting restriction between 07.00 and 19.00 Monday to Sunday. Speed limit to be restricted to 30mph. |
Suffolk County Council | Clay Lane and Pond Hall Road | Between points TRO-AB-24 and TRO-AB-27 as shown on Sheets 8 and 9 | No waiting restriction between 07.00 and 19.00 Monday to Sunday. Speed limit to be restricted to 30mph. |
Suffolk County Council | Pond Hall Road | Between points TRO-AB-25 and TRO-AB-27 as shown on Sheet 9 | No waiting restriction between 07.00 and 19.00 Monday to Sunday. Speed limit to be restricted to 30mph. |
Suffolk County Council | B1070 (Benton End), B1070 (Pipkin Hill) and B1070 (The Street) | Between points TRO-C-1 and TRO-C-2 as shown on Sheet 10 | No waiting restriction between 07.00 and 19.00 Monday to Sunday. Speed limit to be restricted to 30mph. |
Suffolk County Council | Layham Road | Between points TRO-C-3 and TRO-C-5 as shown on Sheet 10 | No waiting restriction between 07.00 and 19.00 Monday to Sunday. Speed limit to be restricted to 30mph. |
Suffolk County Council | Overbury Hall Road | Between points TRO-C-7 and TRO-D-1 as shown on Sheet 11 | No waiting restriction between 07.00 and 19.00 Monday to Sunday. Speed limit to be restricted to 30mph. |
Suffolk County Council | Rands Road | Between points TRO-D-1 and TRO-D-2 as shown on Sheet 11 | No waiting restriction between 07.00 and 19.00 Monday to Sunday. Speed limit to be restricted to 30mph. |
Suffolk County Council | Millwood Road | Between points TRO-D-6 and TRO-D-9 as shown on Sheet 12 | No waiting restriction between 07.00 and 19.00 Monday to Sunday. Speed limit to be restricted to 30mph. |
Suffolk County Council | Millwood Road | Between points TRO-D-6 and TRO-D-7 as shown on Sheet 12 | No waiting restriction between 07.00 and 19.00 Monday to Sunday. Speed limit to be restricted to 30mph. |
Suffolk County Council | Heath Road | Between points TRO-D-11 and TRO-D-12 as shown on Sheets 12 and 13 | No waiting restriction between 07.00 and 19.00 Monday to Sunday. Speed limit to be restricted to 30mph. |
Suffolk County Council | Holt Road | Between points TRO-E-1 and TRO-E-2 as shown on Sheet 13 | No waiting restriction between 07.00 and 19.00 Monday to Sunday. Speed limit to be restricted to 30mph. |
Suffolk County Council | Holt Road | Between points TRO-E-3 and TRO-E-4 as shown on Sheet 13 | No waiting restriction between 07.00 and 19.00 Monday to Sunday. Speed limit to be restricted to 30mph. |
Suffolk County Council | Whitestreet Green | Between points TRO-E-5 and TRO-E-6 as shown on Sheets 13 and 14 | No waiting restriction between 07.00 and 19.00 Monday to Sunday. Speed limit to be restricted to 30mph. |
Suffolk County Council | B1068 (Stoke Road) | Between points TRO-F-1 and TRO-F-3 as shown on Sheet 15 | No waiting restriction between 07.00 and 19.00 Monday to Sunday. Speed limit to be restricted to 30mph. |
Suffolk County Council | B1068 (Stoke Road) | Between points TRO-F-2 and TRO-F-3 as shown on Sheet 15 | No waiting restriction between 07.00 and 19.00 Monday to Sunday. Speed limit to be restricted to 30mph. |
Suffolk County Council | Brick Kiln Hill | Between points TRO-F-3 and TRO-F-4 as shown on Sheet 15 | No waiting restriction between 07.00 and 19.00 Monday to Sunday. Speed limit to be restricted to 30mph. |
Suffolk County Council | A134 (Colchester Road) and A134 (Nayland Road) | Between points TRO-F-5 and TRO-F-6 as shown on Sheets 15 and 16 | No waiting restriction between 07.00 and 19.00 Monday to Sunday. Speed limit to be restricted to 30mph. |
Suffolk County Council | Nayland Road | Between points TRO-F-7 and TRO-F-8 as shown on Sheet 16 | No waiting restriction between 07.00 and 19.00 Monday to Sunday. Speed limit to be restricted to 30mph. |
Suffolk County Council | Bures Road | Between points TRO-F-10 and TRO-F-11 as shown on Sheets 16 and 17 | No waiting restriction between 07.00 and 19.00 Monday to Sunday. Speed limit to be restricted to 30mph. |
Suffolk County Council | Wormingford Road | Between points TRO-F-11 and TRO-F-12 as shown on Sheets 17 and 18 | No waiting restriction between 07.00 and 19.00 Monday to Sunday. Speed limit to be restricted to 30mph. |
Suffolk County Council | Bures Road | Between points TRO-F-11 and TRO-G-1 as shown on Sheet 17 | No waiting restriction between 07.00 and 19.00 Monday to Sunday. Speed limit to be restricted to 30mph. |
Suffolk County Council | Dorking Tye and Upper Road | Between points TRO-G-1 and TRO-G-3 as shown on Sheets 17 and 19 | No waiting restriction between 07.00 and 19.00 Monday to Sunday. Speed limit to be restricted to 30mph. |
Suffolk County Council | B1508 (Bures Road) and B1508 (St Edmunds Hill) | Between points TRO-G-4 and TRO-G-5 as shown on Sheet 20 | No waiting restriction between 07.00 and 19.00 Monday to Sunday. Speed limit to be restricted to 30mph. |
Essex County Council | Henny Road | Between points TRO-G-6 and TRO-G-7 as shown on Sheet 20 | No waiting restriction between 07.00 and 19.00 Monday to Sunday. Speed limit to be restricted to 30mph. |
Essex County Council | Twinstead Road | Between points TRO-G-8 and TRO-G-9 as shown on Sheets 21 and 27 | No waiting restriction between 07.00 and 19.00 Monday to Sunday. Speed limit to be restricted to 30mph. |
Essex County Council | Twinstead Road | Between points TRO-G-9 and TRO-G-13 as shown on Sheets 21 and 27 | No waiting restriction between 07.00 and 19.00 Monday to Sunday. Speed limit to be restricted to 30mph. |
Essex County Council | Moat Lane | Between points TRO-G-9 and TRO-G-11 as shown on Sheet 27 | No waiting restriction between 07.00 and 19.00 Monday to Sunday. Speed limit to be restricted to 30mph. |
Essex County Council | Loshouse Farm Road and Losh House Lane | Between points TRO-G-13 and TRO-G-15 as shown on Sheet 21 | No waiting restriction between 07.00 and 19.00 Monday to Sunday. Speed limit to be restricted to 30mph. |
Essex County Council | Henny Back Road | Between points TRO-G-19 and TRO-G-20 as shown on Sheet 28 | No waiting restriction between 07.00 and 19.00 Monday to Sunday. Speed limit to be restricted to 30mph. |
Essex County Council | Lorkin’s Lane | Between points TRO-H-4 and TRO-H-5 as shown on Sheets 28 and 29 | No waiting restriction between 07.00 and 19.00 Monday to Sunday. Speed limit to be restricted to 30mph. |
Essex County Council | Twinstead Road | Between points TRO-H-5 and TRO-H-6 as shown on Sheet 29 | No waiting restriction between 07.00 and 19.00 Monday to Sunday. Speed limit to be restricted to 30mph. |
Essex County Council | Oak Road and Catley Cross | Between points TRO-H-9 and TRO-H-10 as shown on Sheet 29 | No waiting restriction between 07.00 and 19.00 Monday to Sunday. Speed limit to be restricted to 30mph. |
Essex County Council | A131 (Sudbury Road) | Between points TRO-H-11 and TRO-H-12 as shown on Sheet 30 | No waiting restriction between 07.00 and 19.00 Monday to Sunday. Speed limit to be restricted to 30mph. |
Essex County Council | A131 (Sudbury Road) | Between points TRO-H-15 and TRO-H-16 as shown on Sheet 23 | No waiting restriction between 07.00 and 19.00 Monday to Sunday. Speed limit to be restricted to 30mph. |
Essex County Council | Old Road | Between points TRO-H-17 and TRO-H-18 as shown on Sheet 23 | No waiting restriction between 07.00 and 19.00 Monday to Sunday. Speed limit to be restricted to 30mph. |
Essex County Council | Old Road | Between points TRO-H-19 and TRO-H-20 as shown on Sheets 23 and 26 | No waiting restriction between 07.00 and 19.00 Monday to Sunday. Speed limit to be restricted to 30mph. |
Essex County Council | Park Road | Between points TRO-H-21 and TRO-H-22 as shown on Sheet 26 | No waiting restriction between 07.00 and 19.00 Monday to Sunday. Speed limit to be restricted to 30mph. |
PART 2TEMPORARY RESTRICTION OF ACCESS
(1) Area | (2) Road | (3) Extent as shown on the Traffic Regulation Order Plans | (4) Note |
Suffolk County Council | Burstall Hill | Between points TRO-AB-1 and TRO-AB-2 as shown on Sheets 1 and 2 | Prohibition of vehicular access. |
Suffolk County Council | Burstall Hill | Between points TRO-AB-2 and TRO-AB-3 as shown on Sheet 2 | Prohibition of vehicular access. |
Suffolk County Council | Ipswich Road, Church Hill and Burstall Hill | Between points TRO-AB-2 and TRO-AB-4 as shown on Sheet 2 | Prohibition of vehicular access. |
Suffolk County Council | Washbrook Road | Between points TRO-AB-9 and TRO-AB-10 as shown on Sheet 4 | Prohibition of vehicular access. |
Suffolk County Council | Lower Barn Road | Between points TRO-AB-11 and TRO-AB-12 as shown on Sheet 5 | Prohibition of vehicular access. |
Suffolk County Council | Mill Lane and Chattisham Lane | Between points TRO-AB-13 and TRO-AB-14 as shown on Sheet 5 | Prohibition of vehicular access. |
Suffolk County Council | Clay Hill and Duke Street | Between points TRO-AB-19 and TRO-AB-20 as shown on Sheet 7 | Prohibition of vehicular access. |
Suffolk County Council | Woodlands Road | Between points TRO-AB-22 and TRO-AB-23 as shown on Sheet 8 | Prohibition of vehicular access. |
Suffolk County Council | Clay Lane and Pond Hall Road | Between points TRO-AB-24 and TRO-AB-27 as shown on Sheets 8 and 9 | Prohibition of vehicular access. |
Suffolk County Council | Layham Road | Between points TRO-C-3 and TRO-C-5 as shown on Sheet 10 | Prohibition of vehicular access. |
Suffolk County Council | Overbury Hall Road | Between points TRO-C-7 and TRO-D-1 as shown on Sheet 11 | Prohibition of vehicular access. |
Suffolk County Council | Rands Road | Between points TRO-D-1 and TRO-D-2 as shown on Sheets 11 | Prohibition of vehicular access. |
Suffolk County Council | Pope’s Green Lane | Between points TRO-D-3 and TRO-D-4 as shown on Sheet 12 | Prohibition of vehicular access. |
Suffolk County Council | Millwood Road | Between points TRO-D-6 and TRO-D-9 as shown on Sheet 12 | Prohibition of vehicular access. |
Suffolk County Council | Millwood Road | Between points TRO-D-6 and TRO-D-7 as shown on Sheet 12 | Prohibition of vehicular access. |
Suffolk County Council | Heath Road | Between points TRO-D-11 and TRO-D-12 as shown on Sheets 12 and 13 | Prohibition of vehicular access. |
Suffolk County Council | Holt Road | Between points TRO-E-1 and TRO-E-2 as shown on Sheet 13 | Prohibition of vehicular access. |
Suffolk County Council | Holt Road | Between points TRO-E-3 and TRO-E-4 as shown on Sheet 13 | Prohibition of vehicular access. |
Suffolk County Council | Whitestreet Green | Between points TRO-E-5 and TRO-E-6 as shown on Sheets 13 and 14 | Prohibition of vehicular access. |
Suffolk County Council | Brick Kiln Hill | Between points TRO-F-3 and TRO-F-4 as shown on Sheet 15 | Prohibition of vehicular access. |
Suffolk County Council | Nayland Road | Between points TRO-F-7 and TRO-F-8 as shown on Sheet 16 | Prohibition of vehicular access. |
Suffolk County Council | Bures Road | Between points TRO-F-10 and TRO-F-11 as shown on Sheet 17 | Prohibition of vehicular access. |
Suffolk County Council | Wormingford Road | Between points TRO-F-11 and TRO-F-12 as shown on Sheets 17 and 18 | Prohibition of vehicular access. |
Suffolk County Council | Bures Road | Between points TRO-F-11 and TRO-G-1 as shown on Sheet 1 | Prohibition of vehicular access. |
Suffolk County Council | Dorking Tye and Upper Road | Between points TRO-G-1 and TRO-G-3 as shown on Sheets 17 and 19 | Prohibition of vehicular access. |
Essex County Council | Henny Road | Between points TRO-G-6 and TRO-G-7 as shown on Sheet 20 | Prohibition of vehicular access. |
Essex County Council | Twinstead Road | Between points TRO-G-8 and TRO-G-9 as shown on Sheets 21 and 27 | Prohibition of vehicular access. |
Essex County Council | Twinstead Road | Between points TRO-G-9 and TRO-G-13 as shown on Sheets 21 and 27 | Prohibition of vehicular access. |
Essex County Council | Moat Lane | Between points TRO-G-9 and TRO-G-11 as shown on Sheet 27 | Prohibition of vehicular access. |
Essex County Council | Loshouse Farm Road and Losh House Lane | Between points TRO-G-13 and TRO-G-15 as shown on Sheet 21 | Prohibition of vehicular access. |
Essex County Council | Lorkin’s Lane | Between points TRO-G-13 and TRO-G-14 as shown on Sheets 21 and 27 | Prohibition of vehicular access. |
Essex County Council | Henny Back Road | Between points TRO-G-19 and TRO-G-20 as shown on Sheet 28 | Prohibition of vehicular access. |
Essex County Council | Lorkin’s Lane | Between points TRO-H-4 and TRO-H-5 as shown on Sheets 28 and 29 | Prohibition of vehicular access. |
Essex County Council | Twinstead Road | Between points TRO-H-5 and TRO-H-6 as shown on Sheet 29 | Prohibition of vehicular access. |
Essex County Council | Oak Road and Catley Cross | Between points TRO-H-9 and TRO-H-10 as shown on Sheet 29 | Prohibition of vehicular access. |
Essex County Council | Old Road | Between points TRO-H-17 and TRO-H-18 as shown on Sheet 23 | Prohibition of vehicular access. |
Essex County Council | Old Road | Between points TRO-H-19 and TRO-H-20 as shown on Sheets 23 and 26 | Prohibition of vehicular access. |
Essex County Council | Park Road | Between points TRO-H-21 and TRO-H-22 as shown on Sheet 26 | Prohibition of vehicular access. |
PART 3TEMPORARY RESTRICTION OF MOVEMENT
(1) Area | (2) Road | (3) Extent as shown on the Traffic Regulation Order Plans | (4) Note |
|---|---|---|---|
Suffolk County Council | A1071 (Ipswich Road) and A1071 (Back Road) | Between points TRO-AB-5 and TRO-AB-6 as shown on Sheets 3 and 6 | One way movement restriction, to be either northbound or southbound dependant on preferred Traffic Management arrangements at the time of implementation. To be implemented as required. |
Suffolk County Council | A1071 (Hadleigh Road) | Between points TRO-AB-7 and TRO-AB-8 as shown on Sheet 4 | One way movement restriction, to be either northbound or southbound dependant on preferred Traffic Management arrangements at the time of implementation. To be implemented as required. |
Suffolk County Council | Duke Street | Between points TRO-AB-17 and TRO-AB-18 as shown on Sheet 7 | One way movement restriction, to be either northbound or southbound dependant on preferred Traffic Management arrangements at the time of implementation. To be implemented as required. |
Suffolk County Council | Pond Hall Road and Duke Street | Between points TRO-AB-19 and TRO-AB-21 as shown on Sheets 7 and 8 | One way movement restriction, to be either northbound or southbound dependant on preferred Traffic Management arrangements at the time of implementation. To be implemented as required. |
Suffolk County Council | Pond Hall Road | Between points TRO-AB-25 and TRO-AB-27 as shown on Sheet 9 | One way movement restriction, to be either northbound or southbound dependant on preferred Traffic Management arrangements at the time of implementation. To be implemented as required. |
Suffolk County Council | B1070 (Benton End), B1070 (Pipkin Hill) and B1070 (The Street) | Between points TRO-C-1 and TRO-C-2 as shown on Sheet 10 | One way movement restriction, to be either northbound or southbound dependant on preferred Traffic Management arrangements at the time of implementation. To be implemented as required. |
Suffolk County Council | B1068 (Stoke Road) | Between points TRO-F-1 and TRO-F-3 as shown on Sheet 15 | One way movement restriction, to be either northbound or southbound dependant on preferred Traffic Management arrangements at the time of implementation. To be implemented as required. |
Suffolk County Council | B1068 (Stoke Road) | Between points TRO-F-2 and TRO-F-3 as shown on Sheet 15 | One way movement restriction, to be either northbound or southbound dependant on preferred Traffic Management arrangements at the time of implementation. To be implemented as required. |
Suffolk County Council | A134 (Colchester Road) and A134 (Nayland Road) | Between points TRO-F-5 and TRO-F-6 as shown on Sheets 15 and 16 | One way movement restriction, to be either northbound or southbound dependant on preferred Traffic Management arrangements at the time of implementation. To be implemented as required. |
Suffolk County Council | B1508 (Bures Road) and B1508 (St Edmunds Hill) | Between points TRO-G-4 and TRO-G-5 as shown on Sheet 20 | One way movement restriction, to be either northbound or southbound dependant on preferred Traffic Management arrangements at the time of implementation. To be implemented as required. |
Essex County Council | A131 (Sudbury Road) | Between points TRO-H-11 and TRO-H-12 as shown on Sheet 30 | One way movement restriction, to be either northbound or southbound dependant on preferred Traffic Management arrangements at the time of implementation. To be implemented as required. |
Essex County Council | A131 (Sudbury Road) | Between points TRO-H-15 and TRO-H-16 as shown on Sheet 23 | One way movement restriction, to be either northbound or southbound dependant on preferred Traffic Management arrangements at the time of implementation. To be implemented as required. |
PART 4TEMPORARY NO OVERTAKING ORDER
(1) Area | (2) Road | (3) Extent as shown on the Traffic Regulation Order Plans | (4) Note |
|---|---|---|---|
Suffolk County Council | A1071 (Ipswich Road) and A1071 (Back Road) | Between points TRO-AB-5 and TRO-AB-6 as shown on Sheets 3 and 6 | Prohibition of vehicular overtaking. |
Suffolk County Council | A1071 (Thorpe’s Hill) | Between points TRO-AB-7 and TRO-AB-8 as shown on Sheet 4 | Prohibition of vehicular overtaking. |
Suffolk County Council | Duke Street | Between points TRO-AB-17 and TRO-AB-18 as shown on Sheet 7 | Prohibition of vehicular overtaking. |
Suffolk County Council | Pond Hall Road and Duke Street | Between points TRO-AB-19 and TRO-AB-21 as shown on Sheets 7 and 8 | Prohibition of vehicular overtaking. |
Suffolk County Council | Pond Hall Road | Between points TRO-AB-25 and TRO-AB-27 as shown on Sheet 9 | Prohibition of vehicular overtaking. |
Suffolk County Council | B1070 (Benton End), B1070 (Pipkin Hill) and B1070 (The Street) | Between points TRO-C-1 and TRO-C-2 as shown on Sheet 10 | Prohibition of vehicular overtaking. |
Suffolk County Council | B1068 (Stoke Road) | Between points TRO-F-1 and TRO-F-3 as shown on Sheet 15 | Prohibition of vehicular overtaking. |
Suffolk County Council | B1068 (Stoke Road) | Between points TRO-F-2 and TRO-F-3 as shown on Sheet 15 | Prohibition of vehicular overtaking. |
Suffolk County Council | A134 (Colchester Road) and A134 (Nayland Road) | Between points TRO-F-5 and TRO-F-6 as shown on Sheets 15 and 16 | Prohibition of vehicular overtaking. |
Suffolk County Council | B1508 (Bures Road) and B1508 (St Edmunds Hill) | Between points TRO-G-4 and TRO-G-5 as shown on Sheet 20 | Prohibition of vehicular overtaking. |
Essex County Council | A131 (Sudbury Road) | Between points TRO-H-11 and TRO-H-12 as shown on Sheet 30 | Prohibition of vehicular overtaking. |
Essex County Council | A131 (Sudbury Road) | Between points TRO-H-15 and TRO-H-16 as shown on Sheet 23 | Prohibition of vehicular overtaking. |
SCHEDULE 13TREES SUBJECT TO TREE PRESERVATION ORDERS
(1) Type of tree | (2) Location as shown on Trees and Hedgerows to be Removed or Managed Plans | (3) Work to be carried out | (4) TPO reference |
|---|---|---|---|
Babergh District Council | |||
Multiple Individual TPO – Oak, Ash and Hornbeam | Within the Order limits. On either side of the A1071 adjacent to Hintlesham Park, Hintlesham. As shown on Sheet 3. | Crown lifting/pruning of overhanging branches of seven trees to prevent damage from vehicles using the A1071 during construction. | BT21/T6 |
Two individual TPO – Oak and Elm | Within 10m of the Order limits. On the northern side of A1071, near Fen Farm, Burstall Bridge. As shown on Sheet 4. | Crown lifting/pruning of overhanging branches of two trees to prevent damage from vehicles using the A1071 during construction. | BT15/T1 |
Group of trees – Oak, Field Maple and Ash | Within the Order limits. Along minor road near Mill house, Chattisham. As shown on Sheet 5. | Crown lifting/pruning of overhanging branches over an area of 0.15ha of TPO to prevent damage from vehicles using the minor road during construction. | BT13/G1 |
Individual TPO – Ash | Within the Order limits. Along minor road (Duke Street) and part side garden of Vine Cottage, Duke Street, Hintlesham, Ipswich, Suffolk. As shown on Sheet 7. | Crown lifting/pruning of overhanging branches of one tree to prevent damage from vehicles using the minor road during construction. | BT386/T1 |
Woodland – Mainly Alder, Oak and Beech | Within the Order limits. The northern boundary of Dollops Wood. As shown on Sheet 13. | Crown lifting/pruning of branches over an area of 0.2ha to prevent damage to trees when lowering and removing conductors. | WS313/W1 |
Area TPO – Mixed species | Within the Order limits. The Southern boundary of the TPO area is to the south of Ash Ground at Long Lane, Bures. As shown on Sheet 17. | Crown lifting/pruning of branches and coppicing over an area of 0.3ha to prevent damage to trees when lowering and removing conductors and to facilitate the installation of conductors and maintenance of a safe electrical clearance from the overhead electric line. | WS337/A1 |
Area TPO – Mixed species mainly Oak | Within the Order limits. The TPO area is situated along Long Lane, Bures. As shown on Sheet 19. | Crown lifting/pruning of overhanging branches over an area of 0.3ha to prevent damage from vehicles using the minor road during construction. | WS337/A2 |
Area TPO – Mixed species | Within 10m of the Order limits. The southern boundary of the TPO area lies along an access track. As shown on Sheet 19. | Crown lifting/pruning of overhanging branches to prevent damage from vehicles using the access track during construction. | WS15/A2 |
Braintree District Council | |||
Individual TPO - Yew, Monkey Puzzle, Deodar Cedar | Within 10m of the Order limits. Individual TPOs are located along the east side of Henny Road. As shown on Sheet 20. | Crown lifting/pruning of overhanging branches for sight lines and to prevent damage from vehicles using the minor road during construction. | 16/2021 - T1 Draft, 16/2021 - T2 Draft, 16/2021 – T3 Draft. |
SCHEDULE 14PROTECTIVE PROVISIONS
PART 1PROTECTION FOR ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
1.
For the protection of the statutory undertakers referred to in this Part of this Schedule (save for Anglian Water services which is protected by Part 3 of this Schedule and Cadent Gas Limited which is protected by Part 5 of this Schedule), the following provisions, unless otherwise agreed in writing between the undertaker and the statutory undertaker concerned, have effect.
2.
In this Part of this Schedule—
“alternative apparatus” means alternative apparatus adequate to enable the statutory undertaker in question to fulfil its statutory functions in a manner not less efficient than previously; “apparatus” means—
(a)
(b)
in the case of a gas undertaker, any mains, pipes or other apparatus belonging to or maintained by that gas undertaker for the purposes of gas supply;
(c)
in the case of a water undertaker, mains, pipes or other water apparatus belonging to or maintained by that water undertaker for the purposes of water supply; and
(d)
in the case of a sewerage undertaker—
- (i)any drain or works vested in the undertaker under the Water Industry Act 199153; and
- (ii)
any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) of that Act or an agreement to adopt made under section 104 of that Act,
and includes a sludge main, disposal main (within the meaning of section 219 of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works, and in each case includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;
“functions” includes powers and duties;
“in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over or upon land; and
“statutory undertaker” means—
(a)
any licence holder within the meaning of Part 1 of the Electricity Act 1989;
(b)
(c)
a water undertaker within the meaning of the Water Industry Act 1991; and
(d)
a sewerage undertaker within the meaning of Part 1 of the Water Industry Act 1991,
for the area of the authorised development, and in relation to any apparatus, means the statutory undertaker to whom it belongs or by whom it is maintained.
3.
This Part of this Schedule does not apply to apparatus in respect of which the relations between the undertaker and the statutory undertaker are regulated by the provisions of Part 3 of the 1991 Act.
4.
Regardless of any provision in this Order or anything shown on the land plans, the undertaker must not acquire any apparatus otherwise than by agreement.
5.
(1)
If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed, that apparatus must not be removed under this Part of this Schedule and any right of a statutory undertaker to maintain that apparatus in that land must not be extinguished until alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the statutory undertaker in question.
(2)
If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, it must give to the statutory undertaker in question written notice of that requirement, together with a plan and section of the work proposed.
(3)
If alternative apparatus or any part of such apparatus is to be constructed as a consequence of the removal of apparatus placed on the land referred to in sub-paragraph (2), the statutory undertaker in question, must on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use its best endeavours to obtain the necessary facilities and rights in other land in which the alternative apparatus is to be constructed.
(4)
The statutory undertaker in question must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 58 (arbitration), and after the grant to the statutory undertaker of any such facilities and rights as are referred to in sub-paragraph (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.
(5)
Regardless of anything in sub-paragraph (4), if the undertaker gives notice in writing to the statutory undertaker in question that it desires itself to execute any work, or part of any work in connection with the construction or removal of apparatus, that work, instead of being executed by the statutory undertaker, must be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the statutory undertaker.
(6)
Nothing in sub-paragraph (4) authorises the undertaker to execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or execute any filling around the apparatus (where the apparatus is laid in a trench) within 300 millimetres of the apparatus.
6.
(1)
Not less than 28 days before starting the execution of any works of the type referred to in paragraph 5(2) that are near to, or will or may affect, any apparatus the removal of which has not been required by the undertaker under paragraph 5(2), the undertaker must submit to the statutory undertaker in question a plan, section and description of the works to be executed.
(2)
Those works must be executed only in accordance with the plan, section and description submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by the statutory undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the statutory undertaker is entitled to watch and inspect the execution of those works.
(3)
(4)
If a statutory undertaker in accordance with sub-paragraph (3) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 1 to 4 apply as if the removal of the apparatus had been required by the undertaker under paragraph 5(2).
(5)
Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any works, a new plan, section and description instead of the plan, section and description previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan, section and description.
(6)
The undertaker is not required to comply with sub-paragraph (1) in a case of emergency but in that case it must give to the statutory undertaker in question notice as soon as is reasonably practicable and a plan, section and description of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (2) in so far as is reasonably practicable in the circumstances.
7.
(1)
Subject to the following provisions of this paragraph, the undertaker must repay to the statutory undertaker in question the proper and reasonable expenses reasonably incurred by that statutory undertaker in, or in connection with, the inspection, removal, alteration or protection of any apparatus.
(2)
The value of any apparatus removed under the provisions of this Part of the Schedule is to be deducted from any sum payable under sub-paragraph (1), that value being calculated after removal.
(3)
If in accordance with the provisions of this Part of this Schedule—
(a)
apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or
(b)
apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was, and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 58 (arbitration) to be necessary,
then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the statutory undertaker in question by virtue of sub-paragraph (1) is to be reduced by the amount of that excess.
(4)
For the purposes of sub-paragraph (3)—
(a)
an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and
(b)
where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be treated as it if also had been agreed or had been so determined.
(5)
An amount which apart from this sub-paragraph would be payable to a statutory undertaker in respect of works by virtue of sub-paragraph (1) must, if the works include the placing of apparatus provided in substitution for apparatus placed more than seven years and six months earlier so as to confer on the statutory undertaker in question any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.
PART 2PROTECTION FOR OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
8.
(1)
For the protection of any operator, the following provisions, unless otherwise agreed in writing between the undertaker and the operator, have effect.
(2)
In this Part of this Schedule—
“conduit system” has the same meaning as in the electronic communications code and references to providing a conduit system are to be construed in accordance with paragraph 1(3A) of that code;
“electronic communications apparatus” has the same meaning as in the electronic communications code;
“the electronic communications code” has the same meaning as in Chapter 1 of Part 2 of the 2003 Act;
“electronic communications code network” means—
(a)
so much of an electronic communications network or conduit system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 of the 2003 Act; and
(b)
an electronic communications network which the Secretary of State is providing or proposing to provide; “electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106 of the 2003 Act; and “operator” means the operator of an electronic communications code network.
9.
The exercise of the powers of article42 (statutory undertakers) is subject to Part 10 (undertaker’s works affecting electronic communications apparatus) of the electronic communications code.
10.
(1)
Subject to sub-paragraphs (2) to (3), if as the result of the authorised development or their construction, or of any subsidence resulting from any of those works any damage is caused to any electronic communications apparatus belonging to an operator (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works, or other property of an operator) the undertaker must bear and pay the cost reasonably and properly incurred by the operator in making good such damage.
(2)
Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage to the extent that it is attributable to the act, neglect or default of an operator, its officers, servants, contractors or agents.
(3)
Any difference arising between the undertaker and the operator under this paragraph must be referred to and settled by arbitration under article 58 (arbitration).
11.
This Part of this Schedule does not apply to—
(a)
any apparatus in respect of which the relations between the undertaker and an operator are regulated by the provisions of Part 3 of the 1991 Act; or
(b)
any damage, or any interruption, caused by electro-magnetic interference arising from the construction or use of the authorised development.
12.
Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and an operator in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.
PART 3FOR THE PROTECTION OF ANGLIAN WATER SERVICES LIMITED
Application
13.
For the protection of Anglian Water the following provisions have effect, unless otherwise agreed in writing between the undertaker and Anglian Water.
Interpretation
14.
In this Part of this Schedule—
“alternative apparatus” means alternative apparatus adequate to enable Anglian Water to fulfil its statutory functions in a manner no less efficient than previously;
“Anglian Water” means Anglian Water Services Limited (registered company number 02366656);
“apparatus” means—
(a)
works, mains, pipes or other apparatus belonging to or maintained by Anglian Water for the purposes of water supply and sewerage;
(b)
any drain or works vested in Anglian Water under the Water Industry Act 1991;
(c)
any sewer which is vested in Anglian Water or is the subject of a notice of intention of Anglian Water to adopt given under section 102(4) of the Water Industry Act 1991 or an agreement to adopt made under section 104 of that Act;
(d)
any drainage system constructed for the purpose of reducing the volume of surface water entering any public sewer belonging to Anglian Water; and
(e)
includes a sludge main, disposal main or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works, and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus,
and for the purpose of this definition, where words are defined by section 219 of the Water Industry Act 1991, they will be taken to have the same meaning;
“functions” includes powers and duties;
“in”, in a context referring to apparatus or alternative apparatus in land, includes a reference to apparatus or alternative apparatus under, over or upon land;
“plan” includes all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe the works to be executed;
Apparatus in closed streets
15.
(1)
Where any street is temporarily stopped up under article 15 (temporary closure of streets and public rights of way), where Anglian Water has apparatus in the street or accessed by virtue of that street, it has the same powers and rights in respect of that apparatus as it enjoyed immediately before the temporary closure but nothing in this paragraph affects any right of the undertaker or of Anglian Water to require the removal of that apparatus under paragraph 18 or the power of the undertaker to carry out works under paragraph 20(1).
(2)
Regardless of the temporary cloure or diversion of any highway under the powers conferred by article 15 (temporary closure of streets and public rights of way), Anglian Water is at liberty at all times to take all necessary access across any such stopped up highway and to execute and do all such works and things in, upon or under any such highway as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the temporary stopping up or diversion was in that highway subject to provision of reasonable prior notice to the undertaker (except in the case of emergency) and compliance at all times with the undertaker’s reasonable site safety rules and health and safety law.
Protective works
16.
The undertaker, in the case of the powers conferred by article 20 (protective works), must exercise those powers so as not to obstruct or render less convenient the access to any apparatus.
Acquisition of land
17.
Regardless of any provision in this Order or anything shown on the land plans, the undertaker must not acquire any apparatus otherwise than by agreement (such agreement not to be unreasonably withheld or delayed).
Removal of apparatus
18.
(1)
If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed or requires that Anglian Water’s apparatus is relocated or diverted, that apparatus must not be removed under this Part of this Schedule, and any right of Anglian Water to maintain that apparatus in that land must not be extinguished, until—
(a)
(b)
facilities and rights have been secured for that alternative apparatus in accordance with paragraph 19.
(2)
If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, the undertaker must give to Anglian Water 28 days’ written notice of that requirement, together with a plan of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order an undertaker reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to Anglian Water the necessary facilities and rights for the construction of alternative apparatus in other land of the undertaker and subsequently for the maintenance of that apparatus.
(3)
If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2) in the land in which the alternative apparatus or part of such apparatus is to be constructed Anglian Water must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use its best endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed.
(4)
Any alternative apparatus to be constructed in land of the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between Anglian Water and the undertaker or in default of agreement settled by arbitration in accordance with article 58 (arbitration).
(5)
Anglian Water must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 58, and after the grant to Anglian Water of any such facilities and rights as are referred to in sub-paragraphs (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.
(6)
Regardless of anything in sub-paragraph (5), if Anglian Water gives notice in writing to the undertaker that it desires the undertaker to execute any work, or part of any work in connection with the construction or removal of apparatus in any land of the undertaker or to the extent that Anglian Water fails to proceed with that work in accordance with sub-paragraph (5) or the undertaker and Anglian Water otherwise agree, that work, instead of being executed by Anglian Water, must be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of Anglian Water.
(7)
If Anglian Water fails either reasonably to approve, or to provide reasons for its failure to approve along with an indication of what would be required to make acceptable, any proposed details relating to required removal works under sub-paragraph (2) within 28 days of receiving a notice of the required works from the undertaker, then such details are deemed to have been approved. For the avoidance of doubt, any such “deemed consent” does not extend to the actual undertaking of the removal works, which will remain the sole responsibility of Anglian Water or its contractors.
(8)
Whenever alternative apparatus is to be or is being substituted for existing apparatus, the undertaker must, before taking or requiring any further step in such substitution works, use best endeavours to comply with Anglian Water’s reasonable requests for a reasonable period of time to enable Anglian Water to—
(a)
make network contingency arrangements; or
(b)
bring such matters as it may consider reasonably necessary to the attention of end users of the utility in question.
Facilities and rights for alternative apparatus
19.
(1)
Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to Anglian Water facilities and rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities and rights are to be granted upon such terms and conditions as may be agreed between the undertaker and Anglian Water or in default of agreement settled by arbitration in accordance with article 58 (arbitration).
(2)
If the facilities and rights to be afforded by the undertaker in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to Anglian Water than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator must make such provision for the payment of compensation by the undertaker to Anglian Water as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.
(3)
Such facilities and rights as are set out in this paragraph are deemed to include any statutory permits granted to the undertaker in respect of the apparatus in question, whether under the 2016 Regulations or other legislation.
Retained apparatus
20.
(1)
Not less than 28 days before starting the execution of any works in, on or under any land purchased, held, appropriated or used under this Order that are near to, or will or may affect, any apparatus (or any means of access to it) the removal of which has not been required by the undertaker under paragraph 18(2), the undertaker must submit to Anglian Water a plan of the works to be executed.
(2)
Those works must be executed only in accordance with the plan submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by Anglian Water for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and Anglian Water is entitled to watch and inspect the execution of those works subject to compliance at all times with the undertaker’s reasonable site safety rules and all applicable health and safety laws.
(3)
(4)
If Anglian Water in accordance with sub-paragraph (3) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, sub-paragraphs (1) to (3) and (6) to (7) apply as if the removal of the apparatus had been required by the undertaker under paragraph 18(2).
(5)
Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any works, a new plan instead of the plan previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan.
(6)
The undertaker is not required to comply with sub-paragraph (1) in a case of emergency but in that case must give to Anglian Water notice as soon as is reasonably practicable and a plan of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (3) in so far as is reasonably practicable in the circumstances, using its reasonable endeavours to keep the impact of those emergency works on Anglian Water’s apparatus, on the operation of its water and sewerage network and on end-users of the services Anglian Water provides to a minimum.
(7)
For the purposes of sub-paragraph (1) and without prejudice to the generality of the principles set out in that sub-paragraph, works are deemed to be in land near Anglian Water’s apparatus (where it is a pipe) if those works fall within the following distances measured from the medial line of such apparatus—
(a)
4 metres where the diameter of the pipe is less than 250 millimetres;
(b)
5 metres where the diameter of the pipe is between 250 and 400 millimetres; or
(c)
a distance to be agreed on a case by case basis and before the submission of the Plan under sub-paragraph (1) is submitted where the diameter of the pipe exceeds 400 millimetres.
Expenses and costs
21.
(1)
Subject to the following provisions of this paragraph, the undertaker must repay to Anglian Water all expenses reasonably and properly incurred by Anglian Water in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any such works as are referred to in this Part of this Schedule.
(2)
There must be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Part of this Schedule and which is not re-used as part of any new or alternative apparatus that value being calculated after removal by the undertaker (who will provide reasonable evidence of such value).
(3)
If in accordance with the provisions of this Part of this Schedule—
(a)
apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or
(b)
apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated,
and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 58 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to Anglian Water by virtue of sub-paragraph (1) must be reduced by the amount of that excess.
(4)
For the purposes of sub-paragraph (3)—
(a)
an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and
(b)
where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be treated as if it also had been agreed or had been so determined.
(5)
An amount which, apart from this sub-paragraph, would be payable to Anglian Water in respect of works by virtue of sub-paragraph (1) must, if the works include the placing of apparatus provided in substitution for apparatus placed more than seven years and six months earlier so as to confer on Anglian Water any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit, the amount being calculated by Anglian Water (who will provide reasonable evidence of such amount) and agreed between the undertaker and Anglian Water or settled by arbitration in accordance with article 58 (arbitration).
22.
(1)
Subject to sub-paragraphs (2) and (3), if by reason or in direct consequence of the construction of any such works referred to in paragraphs 16 or 18(2), or by reason of any subsidence resulting from such development or works, any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of Anglian Water, or there is any interruption in any service provided, or in the supply of any goods, by Anglian Water, the undertaker must—
(a)
bear and pay the cost reasonably incurred by Anglian Water in making good such damage or restoring the supply; and
(b)
make reasonable compensation to Anglian Water for any other expenses, loss, damages, penalty or costs incurred by the undertaker,
by reason or in direct consequence of any such damage or interruption.
(2)
Anglian Water must use its reasonable endeavours to mitigate in whole or in part and to minimise any costs, expenses, loss, demands, penalties and costs to which the provisions of sub- paragraph (1) applies. If requested to do so by the undertaker, Anglian Water will provide an explanation of how any claim has been minimised. The undertaker will not be liable under paragraph 22(1) for claims unreasonably incurred by Anglian Water.
(3)
The fact that any act or thing may have been done by Anglian Water on behalf of the undertaker or in accordance with a plan approved by Anglian Water or in accordance with any requirement of Anglian Water or under its supervision does not, subject to sub-paragraph (4), excuse the undertaker from liability under the provisions of sub-paragraph (1) unless Anglian Water fails to carry out and execute the works properly with due care and attention and in a skilful and professional like manner or in a manner that does not accord with the approved plan.
(4)
Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the unlawful or unreasonable act, neglect or default of Anglian Water, its officers, servants, contractors or agents.
(5)
Anglian Water must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise is to be made, without the consent of the undertaker (such consent not to be unreasonably withheld or delayed) who, if withholding such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.
Cooperation
23.
Where in consequence of the proposed construction of any of the authorised development, the undertaker or Anglian Water requires the removal of apparatus under paragraph 18(2) or Anglian Water makes requirements for the protection or alteration of apparatus under paragraph 20, the undertaker must use reasonable endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe and efficient operation of Anglian Water’s undertaking, using existing processes where requested by Anglian Water, provided it is appropriate to do so, and Anglian Water must use all reasonable endeavours to co-operate with the undertaker for that purpose.
24.
Where the undertaker identifies any apparatus which may belong to or be maintainable by Anglian Water but which does not appear on any statutory map kept for the purpose by Anglian Water, it must inform Anglian Water of the existence and location of the apparatus as soon as reasonably practicable.
25.
Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and Anglian Water in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.
26.
The undertaker and Anglian Water may by written agreement substitute any period of time for those periods set out in this Part of this Schedule.
PART 4FOR THE PROTECTION OF NETWORK RAIL INFRASTRUCTURE LIMITED
27.
The provisions of this Part of this Schedule have effect, unless otherwise agreed in writing between the undertaker and Network Rail and, in the case of paragraph 41 of this Part of this Schedule any other person on whom rights or obligations are conferred by that paragraph.
28.
In this Part of this Schedule—
“asset protection agreement” means an agreement to regulate the construction and maintenance of the specified work in a form prescribed from time to time by Network Rail;
“construction” includes execution, placing, alteration and reconstruction and “construct” and “constructed” have corresponding meanings;
“the engineer” means an engineer appointed by Network Rail for the purposes of this Order;
“network licence” means the network licence, as the same is amended from time to time, granted to Network Rail Infrastructure Limited by the Secretary of State in exercise of their powers under section 8 (licences) of the Railways Act 1993;
“Network Rail” means Network Rail Infrastructure Limited (company number 02904587, whose registered office is at 1 Eversholt Street, London NW1 2DN) and any associated company of Network Rail Infrastructure Limited which holds property for railway purposes, and for the purpose of this definition “associated company” means any company which is (within the meaning of section 1159 of the Companies Act 2006) the holding company of Network Rail Infrastructure Limited, a subsidiary of Network Rail Infrastructure Limited or another subsidiary of the holding company of Network Rail Infrastructure Limited and any successor to Network Rail Infrastructure Limited’s railway undertaking;
“plans” includes sections, designs, design data, software, drawings, specifications, soil reports, calculations, descriptions (including descriptions of methods of construction), staging proposals, programmes and details of the extent, timing and duration of any proposed occupation of railway property;
“railway operational procedures” means procedures specified under any access agreement (as defined in the Railways Act 1993) or station lease;
“railway property” means any railway belonging to Network Rail and—
(a)
any station, land, works, apparatus and equipment belonging to Network Rail or connected with any such railway; and
(b)
any easement or other property interest held or used by Network Rail or a tenant or licensee of Network Rail for the purposes of such railway or works, apparatus or equipment;
“regulatory consents” means any consent or approval required under—
(a)
the Railways Act 1993;
(b)
the network licence; and/or
(c)
any other relevant statutory or regulatory provisions;
by either the Office of Rail and Road or the Secretary of State for Transport or any other competent body including change procedures and any other consents, approvals of any access or beneficiary that may be required in relation to the authorised development;
“specified work” means so much of any of the authorised development as is situated upon, across, under, over or within 15 metres of, or may in any way adversely affect, railway property and, for the avoidance of doubt, includes the maintenance of such works under the powers conferred by article 4 (maintenance of authorised development) in respect of such works.
29.
(1)
Where under this Part of this Schedule Network Rail is required to give its consent or approval in respect of any matter, that consent or approval is subject to the condition that Network Rail complies with any relevant railway operational procedures and any obligations under its network licence or under statute.
(2)
In so far as any specified work or the acquisition or use of railway property is or may be subject to railway operational procedures, Network Rail must—
(a)
co-operate with the undertaker with a view to avoiding undue delay and securing conformity as between any plans approved by the engineer and requirements emanating from those procedures; and
(b)
use their reasonable endeavours to avoid any conflict arising between the application of those procedures and the proper implementation of the authorised development pursuant to this Order.
30.
(1)
The undertaker must not exercise the powers conferred by—
(a)
article 19 (discharge of water);
(b)
article 21 (authority to survey and investigate the land);
(c)
article 47 (felling or lopping); and
(d)
article 48 (trees subject to Tree Preservation Orders);
in respect of any railway property unless the exercise of such powers is with the consent of Network Rail.
(2)
The undertaker must not in the exercise of the powers conferred by this Order prevent pedestrian or vehicular access to any railway property, unless preventing such access is with the consent of Network Rail.
(3)
The undertaker must not exercise the powers conferred by sections 271 or 272 of the 1990 Act, article 37 (power to override easements and other rights) or article 42 (statutory undertakers), in relation to any right of access of Network Rail to railway property, but such right of access may be diverted with the consent of Network Rail.
(4)
The undertaker must not under the powers of this Order acquire or use or acquire new rights over, or seek to impose any restrictive covenants over, any railway property, or extinguish any existing rights of Network Rail in respect of any third party property, except with the consent of Network Rail.
(5)
The undertaker must not under the powers of this Order do anything which would result in railway property being incapable of being used or maintained or which would affect the safe running of trains on the railway.
(6)
Where Network Rail is asked to give its consent pursuant to this paragraph—
(a)
such consent must not be unreasonably withheld but may be given subject to reasonable conditions, but it will not be considered unreasonable to withhold consent for reasons of operational or railway safety (such matters to be in Network Rail’s absolute discretion); and
(b)
any such request must not be unreasonably delayed and if, by the end of 28 days beginning with the date on which such request for Network Rail’s consent was made, Network Rail has not intimated its refusal together with the grounds of any such refusal of such consent, the undertaker may serve upon Network Rail written notice requiring Network Rail to intimate approval or disapproval within a further period of 14 days beginning with the date upon which Network Rail receives written notice from the undertaker. If by the expiry of the further 14 days Network Rail has not intimated consent or refusal of consent, Network Rail is deemed to have given consent for the exercise of the respective powers.
(7)
The undertaker must enter into an asset protection agreement prior to the carrying out of any specified work.
31.
(1)
The undertaker must before commencing construction of any specified work supply to Network Rail proper and sufficient plans of that work for the reasonable approval of the engineer and the specified work must not be commenced except in accordance with such plans as have been approved in writing by the engineer or settled by arbitration.
(2)
The approval of the engineer under sub-paragraph (1) must not be unreasonably withheld, and if by the end of the period of 28 days beginning with the date on which such plans have been supplied to Network Rail the engineer has not intimated their disapproval of those plans and the grounds of such disapproval the undertaker may serve upon the engineer written notice requiring the engineer to intimate approval or disapproval within a further period of 28 days beginning with the date upon which the engineer receives written notice from the undertaker. If by the expiry of the further 28 days the engineer has not intimated approval or disapproval, the engineer will be deemed to have approved the plans as submitted.
(3)
If by the end of the period of 28 days beginning with the date on which written notice was served upon the engineer under sub-paragraph (2), Network Rail gives notice to the undertaker that Network Rail desires itself to construct any part of a specified work which in the opinion of the engineer will or may affect the stability of railway property or the safe operation of traffic on the railways of Network Rail then, if the undertaker desires such part of the specified work to be constructed, Network Rail must construct it without unnecessary delay on behalf of and to the reasonable satisfaction of the undertaker in accordance with the plans approved or deemed to be approved or settled under this paragraph, and under the supervision (where appropriate and if given) of the undertaker.
(4)
When signifying their approval of the plans the engineer may specify any protective works (whether temporary or permanent) which in the engineer’s opinion should be carried out before the commencement of the construction of a specified work to ensure the safety or stability of railway property or the continuation of safe and efficient operation of the railways of Network Rail or the services of operators using the same (including any relocation de-commissioning and removal of works, apparatus and equipment necessitated by a specified work and the comfort and safety of passengers who may be affected by the specified works), and such protective works as may be reasonably necessary for those purposes must be constructed by Network Rail or by the undertaker, if Network Rail so desires, and such protective works must be carried out at the expense of the undertaker in either case without unnecessary delay and the undertaker must not commence the construction of the specified works until the engineer has notified the undertaker that the protective works have been completed to their reasonable satisfaction.
32.
(1)
Any specified work and any protective works to be constructed by virtue of paragraph 31(4) must, when commenced, be constructed—
(a)
without unnecessary delay in accordance with the plans approved or deemed to have been approved or settled under paragraph 31;
(b)
under the supervision (where appropriate and if given) and to the reasonable satisfaction of the engineer;
(c)
in such manner as to cause as little damage as is possible to railway property; and
(d)
so far as is reasonably practicable, so as not to interfere with or obstruct the free, uninterrupted and safe use of any railway of Network Rail or the traffic thereon and the use by passengers of railway property.
(2)
If any damage to railway property or any such interference or obstruction is caused by the carrying out of, or in consequence of the construction of a specified work, the undertaker must, notwithstanding any such approval, make good such damage and must pay to Network Rail all reasonable expenses to which Network Rail may be put and compensation for any loss which it may sustain by reason of any such damage, interference or obstruction.
(3)
Nothing in this Part of this Schedule imposes any liability on the undertaker with respect to any damage, costs, expenses or loss attributable to the negligence of Network Rail or its servants, contractors or agents or any liability on Network Rail with respect of any damage, costs, expenses or loss attributable to the negligence of the undertaker or its servants, contractors or agents.
33.
The undertaker must—
(a)
at all times afford reasonable facilities to the engineer for access to a specified work during its construction; and
(b)
supply the engineer with all such information as they may reasonably require with regard to a specified work or the method of constructing it.
34.
Network Rail must at all times afford reasonable facilities to the undertaker and its agents for access to any works carried out by Network Rail under this Part of this Schedule during their construction and must supply the undertaker with such information as it may reasonably require with regard to such works or the method of constructing them.
35.
(1)
If any permanent or temporary alterations or additions to railway property are reasonably necessary in consequence of the construction or completion of a specified work in order to ensure the safety of railway property or the continued safe operation of the railway of Network Rail, such alterations and additions may be carried out by Network Rail and if Network Rail gives to the undertaker 56 days’ notice (or in the event of an emergency or safety critical issue such notice as is reasonable in the circumstances) of its intention to carry out such alterations or additions (which must be specified in the notice), the undertaker must pay to Network Rail the reasonable cost of those alterations or additions including, in respect of any such alterations and additions as are to be permanent, a capitalised sum representing the increase of the costs which may be expected to be reasonably incurred by Network Rail in maintaining, working and, when necessary, renewing any such alterations or additions.
(2)
If during the construction of a specified work by the undertaker, Network Rail gives notice to the undertaker that Network Rail desires itself to construct that part of the specified work which in the opinion of the engineer is endangering the stability of railway property or the safe operation of traffic on the railways of Network Rail then, if the undertaker decides that part of the specified work is to be constructed, Network Rail must assume construction of that part of the specified work and the undertaker must, notwithstanding any such approval of a specified work under paragraph 31(3), pay to Network Rail all reasonable expenses to which Network Rail may be put and compensation for any loss which it may suffer by reason of the execution by Network Rail of that specified work.
(3)
The engineer must, in respect of the capitalised sums referred to in this paragraph and paragraph 36(a) provide such details of the formula by which those sums have been calculated as the undertaker may reasonably require.
(4)
If the cost of maintaining, working or renewing railway property is reduced in consequence of any such alterations or additions a capitalised sum representing such saving must be set off against any sum payable by the undertaker to Network Rail under this paragraph.
36.
The undertaker must repay to Network Rail all reasonable fees, costs, charges and expenses reasonably incurred by Network Rail—
(a)
in constructing any part of a specified work on behalf of the undertaker as provided by paragraph 31(3) or in constructing any protective works under the provisions of paragraph 31(4) including, in respect of any permanent protective works, a capitalised sum representing the cost of maintaining and renewing those works;
(b)
in respect of the approval by the engineer of plans submitted by the undertaker and the supervision by the engineer of the construction of a specified work;
(c)
in respect of the employment or procurement of the services of any inspectors, signallers, watch-persons and other persons whom it may be reasonably necessary to appoint for inspecting, signalling, watching and lighting railway property and for preventing, so far as may be reasonably practicable, interference, obstruction, danger or accident arising from the construction or failure of a specified work;
(d)
in respect of any special traffic working resulting from any speed restrictions which may in the opinion of the engineer, require to be imposed by reason or in consequence of the construction or failure of a specified work or from the substitution or diversion of services which may be reasonably necessary for the same reason; and
(e)
in respect of any additional temporary lighting of railway property in the vicinity of the specified works, being lighting made reasonably necessary by reason or in consequence of the construction or failure of a specified work.
37.
(1)
In this paragraph—
“EMI” means, subject to sub-paragraph (2), electromagnetic interference with Network Rail apparatus generated by the operation of the authorised development where such interference is of a level which adversely affects the safe operation of Network Rail’s apparatus; and
“Network Rail’s apparatus” means any lines, circuits, wires, apparatus or equipment (whether or not modified or installed as part of the authorised development) which are owned or used by Network Rail for the purpose of transmitting or receiving electrical energy or of radio, telegraphic, telephonic, electric, electronic or other like means of signalling or other communications.
(2)
This paragraph applies to EMI only to the extent that such EMI is not attributable to any change to Network Rail’s apparatus carried out after approval of plans under paragraph 31(1) for the relevant part of the authorised development giving rise to EMI (unless the undertaker has been given notice in writing before the approval of those plans of the intention to make such change).
(3)
Subject to sub-paragraph (5), the undertaker must in the design and construction of the authorised development take all measures necessary to prevent EMI and must establish with Network Rail (both parties acting reasonably) appropriate arrangements to verify their effectiveness.
(4)
In order to facilitate the undertaker’s compliance with sub-paragraph (3)—
(a)
the undertaker must consult with Network Rail as early as reasonably practicable to identify all Network Rail’s apparatus which may be at risk of EMI, and thereafter must continue to consult with Network Rail (both before and after formal submission of plans under paragraph 31(1)) in order to identify all potential causes of EMI and the measures required to eliminate them;
(b)
Network Rail must make available to the undertaker all information in the possession of Network Rail reasonably requested by the undertaker in respect of Network Rail’s apparatus identified pursuant to sub-paragraph (a); and
(c)
Network Rail must allow the undertaker reasonable facilities for the inspection of Network Rail’s apparatus identified pursuant to sub-paragraph (a).
(5)
In any case where it is established that EMI can only reasonably be prevented by modifications to Network Rail’s apparatus, Network Rail must not withhold its consent unreasonably to modifications of Network Rail’s apparatus, but the means of prevention and the method of their execution must be selected in the reasonable discretion of Network Rail, and in relation to such modifications paragraph 31(1) has effect subject to the sub-paragraph.
(6)
Prior to the commencement of operation of the authorised development the undertaker must test the use of the authorised development in a manner that will first have been agreed with Network Rail and if, notwithstanding any measures adopted pursuant to sub-paragraph (3), the testing of the authorised development causes EMI then the undertaker must immediately upon receipt of notification by Network Rail of such EMI either in writing or communicated orally (such oral communication to be confirmed in writing as soon as reasonably practicable after it has been issued) forthwith cease to use (or procure the cessation of use of) the undertaker’s apparatus causing such EMI until all measures necessary have been taken to remedy such EMI by way of modification to the source of such EMI or (in the circumstances, and subject to the consent, specified in sub-paragraph (5)) to Network Rail’s apparatus.
(7)
In the event of EMI having occurred—
(a)
the undertaker must afford reasonable facilities to Network Rail for access to the undertaker’s apparatus in the investigation of such EMI;
(b)
Network Rail must afford reasonable facilities to the undertaker for access to Network Rail’s apparatus in the investigation of such EMI;
(c)
Network Rail must make available to the undertaker any additional material information in its possession reasonably requested by the undertaker in respect of Network Rail’s apparatus or such EMI; and
(d)
the undertaker will not allow the use or operation of the authorised development in a manner that has caused or will cause EMI until measures have been taken in accordance with this paragraph to prevent EMI occurring.
(8)
Where Network Rail approves modifications to Network Rail’s apparatus pursuant to sub-paragraphs (5) or (6)—
(a)
Network Rail must allow the undertaker reasonable facilities for the inspection of the relevant part of Network Rail’s apparatus;
(b)
any modifications to Network Rail’s apparatus approved pursuant to those sub-paragraphs must be carried out and completed by the undertaker in accordance with paragraph 32.
(9)
To the extent that it would not otherwise do so, the indemnity in paragraph 41(1) applies to the costs and expenses reasonably incurred or losses suffered by Network Rail through the implementation of the provisions of this paragraph (including costs incurred in connection with the consideration of proposals, approval of plans, supervision and inspection of works and facilitating access to Network Rail’s apparatus) or in consequence of any EMI to which sub-paragraph (6) applies.
(10)
For the purpose of paragraph 36(a) any modifications to Network Rail’s apparatus under this paragraph will be deemed to be protective works referred to in that paragraph.
(11)
In relation to any dispute arising under this paragraph the reference in article 58 (Arbitration) to the Institution of Civil Engineers should be read as a reference to the Institution of Engineering and Technology.
38.
If at any time after the completion of a specified work, not being a work vested in Network Rail, Network Rail gives notice to the undertaker informing it that the state of maintenance of any part of the specified work appears to be such as adversely affects the operation of railway property, the undertaker must, on receipt of such notice, take such steps as may be reasonably necessary to put that specified work in such state of maintenance as not adversely to affect railway property.
39.
The undertaker must not provide any illumination or illuminated sign or signal on or in connection with a specified work in the vicinity of any railway belonging to Network Rail unless it has first consulted Network Rail and it must comply with Network Rail’s reasonable requirements for preventing confusion between such illumination or illuminated sign or signal and any railway signal or other light used for controlling, directing or securing the safety of traffic on the railway.
40.
Any additional expenses which Network Rail may reasonably incur in altering, reconstructing or maintaining railway property under any powers existing at the making of this Order by reason of the existence of a specified work must, provided that 56 days’ previous notice of the commencement of such alteration, reconstruction or maintenance has been given to the undertaker, be repaid by the undertaker to Network Rail.
41.
(1)
The undertaker must pay to Network Rail all reasonable costs, charges, damages and expenses not otherwise provided for in this Part of this Schedule (subject to article 53 (no double recovery)) which may be occasioned to or reasonably incurred by Network Rail—
(a)
by reason of the construction, maintenance or operation of a specified work or the failure thereof; or
(b)
by reason of any act or omission of the undertaker or of any person in its employ or of its contractors or others whilst engaged upon a specified work;
(c)
by reason of any act or omission of the undertaker or any person in its employ or of its contractors or others whilst accessing to or egressing from the authorised development;
(d)
in respect of any damage caused to or additional maintenance required to, railway property or any such interference or obstruction or delay to the operation of the railway as a result of access to or egress from the authorised development by the undertaker or any person in its employ or of its contractors or others;
(e)
in respect of costs incurred by Network Rail in complying with any railway operational procedures or obtaining any regulatory consents which procedures are required to be followed or consents obtained to facilitate the carrying out or operation of the authorised development;
(f)
and the undertaker must indemnify and keep indemnified Network Rail from and against all claims and demands arising out of or in connection with a specified work or any such failure, act or omission: and the fact that any act or thing may have been done by Network Rail on behalf of the undertaker or in accordance with plans approved by the engineer or in accordance with any requirement of the engineer or under the engineer’s supervision will not (if it was done without negligence on the part of Network Rail or of any person in its employ or of its contractors or agents) excuse the undertaker from any liability under the provisions of this sub-paragraph.
(2)
Network Rail must—
(a)
give the undertaker reasonable written notice of any such claims or demands;
(b)
not make any settlement or compromise of such a claim or demand without the prior consent of the undertaker; and
(c)
take such steps as are within its control and are reasonable in the circumstances to mitigate any liabilities relating to such claims or demands.
(3)
The sums payable by the undertaker under sub-paragraph (1) will, if relevant, include a sum equivalent to the relevant costs.
(4)
Subject to the terms of any agreement between Network Rail and a train operator regarding the timing or method of payment of the relevant costs in respect of that train operator, Network Rail must promptly pay to each train operator the amount of any sums which Network Rail receives under sub-paragraph (3) which relates to the relevant costs of that train operator.
(5)
(6)
In this paragraph—
“the relevant costs” means the costs, losses and expenses (including loss of revenue) reasonably incurred by each train operator as a consequence of any specified work including but not limited to any restriction of the use of Network Rail’s railway network as a result of the construction, maintenance or failure of a specified work or any such act or omission as mentioned in sub paragraph (1); and
“train operator” means any person who is authorised to act as the operator of a train by a licence under section 8 of the Railways Act 1993.
42.
Network Rail must, on receipt of a request from the undertaker, from time to time provide the undertaker free of charge with written estimates of the costs, charges, expenses and other liabilities for which the undertaker is or will become liable under this Part of this Schedule (including the amount of the relevant costs mentioned in paragraph 41) and with such information as may reasonably enable the undertaker to assess the reasonableness of any such estimate or claim made or to be made pursuant to this Part of this Schedule (including any claim relating to those relevant costs).
43.
In the assessment of any sums payable to Network Rail under this Part of this Schedule there must not be taken into account any increase in the sums claimed that is attributable to any action taken by or any agreement entered into by Network Rail if that action or agreement was not reasonably necessary and was taken or entered into with a view to obtaining the payment of those sums by the undertaker under this Part of this Schedule or increasing the sums so payable.
44.
The undertaker and Network Rail may, subject in the case of Network Rail to compliance with the terms of its network licence, enter into, and carry into effect, agreements for the transfer to the undertaker of—
(a)
any railway property shown on the works and land plans and described in the book of reference;
(b)
any lands, works or other property held in connection with any such railway property; and
(c)
any rights and obligations (whether or not statutory) of Network Rail relating to any railway property or any lands, works or other property referred to in this paragraph.
45.
Nothing in this Order, or in any enactment incorporated with or applied by this Order, prejudices or affects the operation of Part I of the Railways Act 1993.
46.
The undertaker must give written notice to Network Rail if any application is proposed to be made by the undertaker for the Secretary of State’s consent, under article 7 (consent to transfer benefit of Order) of this Order and any such notice must be given no later than 28 days before any such application is made and must describe or give (as appropriate)—
(a)
the nature of the application to be made;
(b)
the extent of the geographical area to which the application relates; and
(c)
the name and address of the person acting for the Secretary of State to whom the application is to be made.
47.
The undertaker must no later than 28 days from the date that the plans submitted to and certified by the Secretary of State in accordance with article 56 (certification of documents) are certified by the Secretary of State, provide a set of those plans to Network Rail in a format specified by Network Rail.
48.
In relation to any dispute arising under this part of this Part of this Schedule (except for those disputes referred to in paragraph 37(11)), the provisions of article 58 (Arbitration) will not apply and any such dispute, unless otherwise provided for, must be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) to the President of the Institution of Civil Engineers.
PART 5FOR THE PROTECTION OF CADENT GAS LIMITED AS GAS UNDERTAKER
Application
49.
For the protection of Cadent the following provisions will, unless otherwise agreed in writing between the undertaker and Cadent, have effect.
Interpretation
50.
In this Part of this Schedule—
“1991 Act” means the New Roads and Street Works Act 1991;
“alternative apparatus” means appropriate alternative apparatus to the satisfaction of Cadent to enable Cadent to fulfil its statutory functions in a manner no less efficient than previously;
“apparatus” means any gas mains, pipes, pressure governors, ventilators, cathodic protections, (including transformed rectifiers and any associated groundbeds or cables), cables, marker posts, block valves, hydrogen above ground installations or other apparatus belonging to or maintained by Cadent for the purposes of Cadent’s undertaking together with any replacement apparatus and such other apparatus constructed pursuant to this Order that becomes operational apparatus of Cadent for the purposes of Cadent’s undertaking and includes any structure in which apparatus is or will be lodged or which gives or will give access to apparatus;
“authorised works” has the same meaning as is given to the term “authorised development” in article 2 (interpretation) of this Order and includes any associated development authorised by the Order and for the purposes of this Part of this Schedule includes the use and maintenance of the authorised works and construction of any works authorised by this Schedule;
“Cadent” means Cadent Gas Limited and includes its successors in title or any successor as a gas transporter within the meaning of Part 1 of the Gas Act 1986;
“Cadent’s undertaking” means the rights, duties and obligations of Cadent Gas Limited as a public gas transporter within the meaning of Section 7 of the Gas Act 1986 (as amended by the Gas Act 1995);
“commence” has the same meaning as in article 2 (interpretation) of this Order and commencement will be construed to have the same meaning save that for the purposes of this Part of the Schedule the terms commence and commencement include operations for the purposes of archaeological or ecological investigations and investigations of the existing condition of the ground or of structures;
“deed of consent” means a deed of consent, crossing agreement, deed of variation or new deed of grant agreed between the parties acting reasonably in order to vary and/or replace existing easements, agreements, enactments and other such interests so as to secure land rights and interests as are necessary to carry out, maintain, operate and use the apparatus in a manner consistent with the terms of this Part of this Schedule;
“functions” includes powers and duties;
“ground mitigation scheme” means a scheme approved by Cadent (such approval not to be unreasonably withheld or delayed) setting out the necessary measures (if any) for a ground subsidence event;
“ground monitoring scheme” means a scheme for monitoring ground subsidence which sets out the apparatus which is to be subject to such monitoring, the extent of land to be monitored, the manner in which ground levels are to be monitored, the timescales of any monitoring activities and the extent of ground subsidence which, if exceeded, must require the undertaker to submit for Cadent’s approval a ground mitigation scheme;
“ground subsidence event” means any ground subsidence identified by the monitoring activities set out in the ground monitoring scheme that has exceeded the level described in the ground monitoring scheme as requiring a ground mitigation scheme;
“in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over, across, along or upon such land;
“maintain” and “maintenance” will include the ability and right to do any of the following in relation to any apparatus or alternative apparatus of Cadent including retain, lay, construct, inspect, maintain, protect, use, access, enlarge, replace, renew, remove, decommission or render unusable or remove the apparatus;
“plan” or “plans” include all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary to properly and sufficiently describe and assess the works to be executed;
“parent company” means a parent company of the undertaker acceptable to Cadent and which will have been approved by Cadent acting reasonably;
“rights” will include rights and restrictive covenants, and in relation to decommissioned apparatus the surrender of rights, release of liabilities and transfer of decommissioned apparatus; and
“specified works” means any of the authorised works or activities (including maintenance) undertaken in association with the authorised works which:
will or may be situated over, or within 15 metres measured in any direction of any apparatus the removal of which has not been required by the undertaker under sub-paragraph 55(2) or otherwise;
may in any way adversely affect any apparatus the removal of which has not been required by the undertaker under sub-paragraph 55(2) or otherwise; and/or
include any of the activities that are referred to in CD/SP/SSW/22 (Cadent’s policies for safe working in the vicinity of Cadent’s Assets); and
“undertaker” means the undertaker as defined in article 2 (interpretation) of this Order.
On Street Apparatus
51.
(1)
Except for paragraphs 52 (apparatus of Cadent in closed streets), 55 (removal of apparatus) in so far as sub-paragraph (3) applies, 56 (facilities and rights for alternative apparatus) in so far as sub-paragraph (2) below applies, 57 (retained apparatus: protection of Cadent), 58 (expenses) and 59 (indemnity) of this Schedule which will apply in respect of the exercise of all or any powers under the Order affecting the rights and apparatus of Cadent, the other provisions of this Schedule do not apply to apparatus in respect of which the relations between the undertaker and Cadent are regulated by the provisions of Part 3 of the 1991 Act.
(2)
(3)
Notwithstanding article 11 (street works) or any other powers in the Order generally, s85 of the 1991 Act in relation to cost sharing and the regulations made thereunder will not apply in relation to any diversion of apparatus of Cadent under the 1991 Act.
Apparatus of Cadent in stopped up streets
52.
(1)
Without prejudice to the generality of any other protection afforded to Cadent elsewhere in the Order, where any street is stopped up under article 15 (temporary closure of streets and public rights of way), if Cadent has any apparatus is in the street or accessed via that street Cadent will be entitled to the same rights in respect of such apparatus as it enjoyed immediately before the closure and the undertaker will grant to Cadent, or will procure the granting to Cadent of, legal easements reasonably satisfactory to Cadent in respect of such apparatus and access to it prior to the closure of any such street or highway but nothing in this paragraph will affect any right of the undertaker or of Cadent to require the removal of that apparatus under paragraph 55.
(2)
Notwithstanding the temporary closure or diversion of any highway under the powers of article 15 (temporary closure of streets and public rights of way), Cadent will be at liberty at all times to take all necessary access across any such stopped up highway and/or to execute and do all such works and things in, upon or under any such highway as it would have been entitled to do immediately before such temporary closure or diversion in respect of any apparatus which at the time of the closure or diversion was in that highway
(3)
The Protective Provisions in this Part of this Schedule apply and take precedence over article 42 (statutory undertakers) of the Order which will not apply to Cadent.
Protective works to buildings
53.
(1)
The undertaker, in the case of the powers conferred by article 20 (protective works), must exercise those powers so as not to obstruct or render less convenient the access to any apparatus without the written consent of Cadent and, if by reason of the exercise of those powers any damage to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal or abandonment) or property of Cadent or any interruption in the supply of gas by Cadent, as the case may be, is caused, the undertaker must bear and pay on demand the cost reasonably incurred by Cadent in making good such damage or restoring the supply; and, subject to sub-paragraph (2), will—
(a)
pay compensation to Cadent for any loss sustained by it; and
(b)
indemnify Cadent against all claims, demands, proceedings, costs, damages and expenses which may be made or taken against or recovered from or incurred by Cadent, by reason of any such damage or interruption.
(2)
Nothing in this paragraph imposes any liability on the undertaker with respect to any damage or interruption to the extent that such damage or interruption is attributable to the act, neglect or default of Cadent or its contractors or workmen; and Cadent will give to the undertaker reasonable notice of any claim or demand as aforesaid and no settlement or compromise thereof will be made by Cadent, save in respect of any payment required under a statutory compensation scheme, without first consulting the undertaker and giving the undertaker an opportunity to make representations as to the claim or demand.
Acquisition of land
54.
(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 may not appropriate or acquire any land interest or appropriate, acquire, extinguish, interfere with or override any easement, other interest or right and/or apparatus of Cadent otherwise than by agreement.
(2)
As a condition of agreement between the parties in sub-paragraph (1), prior to the carrying out of any part of the authorised works (or in such other timeframe as may be agreed between Cadent and the undertaker) that are subject to the requirements of this Part of this Schedule that will cause any conflict with or breach the terms of any easement and/or other legal or land interest of Cadent and/or affects the provisions of any enactment or agreement regulating the relations between Cadent and the undertaker in respect of any apparatus laid or erected in land belonging to or secured by the undertaker, the undertaker must as Cadent reasonably requires enter into such deeds of consent and variations upon such terms and conditions as may be agreed between Cadent and the undertaker acting reasonably and which must be no less favourable on the whole to Cadent unless otherwise agreed by Cadent, and it will be the responsibility of the undertaker to procure and/or secure the consent and entering into of such deeds and variations by all other third parties with an interest in the land at that time who are affected by such authorised works.
(3)
The undertaker and Cadent agree that where there is any inconsistency or duplication between the provisions set out in this Part of this Schedule relating to the relocation and/or removal of apparatus/including but not limited to the payment of costs and expenses relating to such relocation and/or removal of apparatus and the provisions of any existing easement, rights, agreements and licences granted, used, enjoyed or exercised by Cadent and/or other enactments relied upon by Cadent as of right or other use in relation to the apparatus, then the provisions in this Schedule will prevail.
(4)
(5)
As a condition of an agreement between the parties in sub-paragraph (1) that involves decommissioned apparatus being left in situ the undertaker must accept a surrender of any existing easement and/or other interest of Cadent in such decommissioned apparatus and consequently acquire title to such decommissioned apparatus and release Cadent from all liabilities in respect of such decommissioned apparatus from the date of such surrender.
(6)
Where an undertaker acquires land which is subject to any Cadent right or interest (including, without limitation, easements and agreements relating to rights or other interests) and the provisions of paragraph 55 do not apply, the undertaker must—
(a)
retain any notice of Cadent’s easement, right or other interest on the title to the relevant land when registering the undertaker’s title to such acquired land; and
(b)
(where no such notice of Cadent’s easement, right or other interest exists in relation to such acquired land or any such notice is registered only on the Land Charges Register) include (with its application to register title to the undertaker’s interest in such acquired land at the Land Registry) a notice of Cadent’s easement, right or other interest in relation to such acquired land.
Removal of apparatus
55.
(1)
If, in the exercise of the agreement reached in accordance with paragraph 54 or in any other authorised manner, the undertaker acquires any interest in any land in which any apparatus is placed, that apparatus must not be decommissioned or removed under this Part of this Schedule and any right of Cadent to maintain that apparatus in that land must not be extinguished until alternative apparatus has been constructed, is in operation, and the rights and facilities referred to in sub-paragraph (2) have been provided, to the satisfaction of Cadent and in accordance with sub-paragraph (2) to (5) inclusive.
(2)
If, for the purpose of executing any works in, on, under or over any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, it must give to Cadent advance written notice of that requirement, together with a plan and section of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order Cadent reasonably needs to move or remove any of its apparatus) the undertaker must afford to Cadent to its satisfaction (taking into account sub-paragraph 56(1) below) the necessary facilities and rights—
(a)
for the construction of alternative apparatus (including appropriate working areas required to reasonably and safely undertake necessary works by Cadent in respect of the apparatus);
(b)
subsequently for the maintenance of that apparatus (including appropriate working areas required to reasonably and safely undertake necessary works by Cadent in respect of the apparatus); and
(c)
to allow access to that apparatus (including appropriate working areas required to reasonably and safely undertake necessary works by Cadent in respect of the apparatus).
(3)
If the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2), in the land in which the alternative apparatus or part of such apparatus is to be constructed, Cadent may, on receipt of a written notice to that effect from the undertaker, take such steps as are reasonable in the circumstances in an endeavour to assist the undertaker in obtaining the necessary facilities and rights in the land in which the alternative apparatus is to be constructed save that this obligation will not extend to the requirement for Cadent to use its compulsory purchase powers to this end unless it (in its absolute discretion) elects to so do.
(4)
Any alternative apparatus to be constructed in land of or land secured by the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between Cadent and the undertaker.
(5)
Cadent must, after the alternative apparatus to be provided or constructed has been agreed, and subject to the prior grant to Cadent of such facilities and rights as are referred to in sub-paragraph (2) or (3) have been afforded to Cadent to its satisfaction, then proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to decommission or remove any apparatus required by the undertaker to be decommissioned or removed under the provisions of this Part of this Schedule.
Facilities and rights for alternative apparatus
56.
(1)
Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to or secures for Cadent facilities and rights in land for the access to, construction and maintenance alternative apparatus in substitution for apparatus to be decommissioned or removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and Cadent and must be no less favourable on the whole to Cadent than the facilities and rights enjoyed by it in respect of the apparatus to be decommissioned or removed unless otherwise agreed by Cadent.
(2)
If the facilities and rights to be afforded by the undertaker and agreed with Cadent under sub-paragraph (1) above in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are less favourable on the whole to Cadent than the facilities and rights enjoyed by it in respect of the apparatus to be decommissioned or removed (in Cadent’s opinion) then the terms and conditions to which those facilities and rights are subject in the matter will be referred to arbitration in accordance with article 58 (Arbitration) of this Part of this Schedule and the arbitrator will make such provision for the payment of compensation by the undertaker to Cadent as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.
Retained apparatus: protection of Cadent
57.
(1)
Not less than 56 days before the commencement of any specified works the undertaker must submit to Cadent a plan and, if reasonably required by Cadent, a ground monitoring scheme in respect of those works.
(2)
The plan to be submitted to Cadent under sub-paragraph (1) must include a method statement and describe—
(a)
the exact position of the works;
(b)
the level at which these are proposed to be constructed or renewed;
(c)
the manner of their construction or renewal including details of excavation, positioning of plant etc.;
(d)
the position of all apparatus;
(e)
by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus; and
(f)
any intended maintenance regimes.
(3)
(4)
Any approval of Cadent required under sub-paragraph (3)—
(a)
(b)
must not be unreasonably withheld.
(5)
In relation to any work to which sub-paragraphs (1) and/or (2) apply, Cadent may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing apparatus against interference or risk of damage or for the purpose of providing or securing proper and convenient means of access to any apparatus.
(6)
Works to which this paragraph applies must only be executed in accordance with the plan, submitted under sub-paragraph (1) and (2) or as relevant sub-paragraph (4), as approved or as amended from time to time by agreement between the undertaker and Cadent and in accordance with all conditions imposed under sub-paragraph (4)(a), and Cadent will be entitled to watch and inspect the execution of those works.
(7)
Where Cadent requires any protective works to be carried out by itself or by the undertaker (whether of a temporary or permanent nature) such protective works, inclusive of any measures or schemes required and approved as part of the plan approved pursuant to this paragraph, must be carried out to Cadent’s satisfaction prior to the commencement of any authorised works (or any relevant part thereof) for which protective works are required prior to commencement.
(8)
If Cadent, in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs (1) to (3) and (6) to (8) apply as if the removal of the apparatus had been required by the undertaker under sub-paragraph 55(2).
(9)
Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of the authorised works, a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph will apply to and in respect of the new plan.
(10)
The undertaker will not be required to comply with sub-paragraph (1) where it needs to carry out emergency works as defined in the 1991 Act but in that case it must give to Cadent notice as soon as is reasonably practicable and a plan of those works and must comply with—
(a)
(b)
sub-paragraph (11) at all times.
(11)
At all times when carrying out any works authorised under the Order the undertaker must comply with Cadent’s policies for safe working in proximity to gas apparatus “CD/SP/SSW/22 (Cadent’s policies for safe working in the vicinity of Cadent’s Assets” and HSE’s “HS(~G)47 Avoiding Danger from underground services”.
(12)
As soon as reasonably practicable after any ground subsidence event attributable to the authorised development the undertaker must implement an appropriate ground mitigation scheme save that Cadent retains the right to carry out any further necessary protective works for the safeguarding of its apparatus and can recover any such costs in line with paragraph 58.
Expenses
58.
(1)
Subject to the following provisions of this paragraph, the undertaker must pay to Cadent on demand on receipt of an invoice or written breakdown all charges, costs and expenses reasonably anticipated or incurred by Cadent in, or in connection with, the inspection, removal, relaying or replacing, alteration or protection of any apparatus or the construction of any new or alternative apparatus which may be required in consequence of the execution of any authorised works as are referred to in this Part of this Schedule including without limitation—
(a)
any costs reasonably incurred by or compensation properly paid by Cadent in connection with the negotiation or acquisition of rights or the exercise of statutory powers for such apparatus including without limitation all costs (including professional fees) incurred by Cadent as a consequence of Cadent—
(i)
using its own compulsory purchase powers to acquire any necessary rights under sub-paragraph 55(3) if it elects to do so; and/or
(ii)
exercising any compulsory purchase powers in the Order transferred to or benefitting Cadent;
(b)
in connection with the cost of the carrying out of any diversion work or the provision of any alternative apparatus;
(c)
the cutting off of any apparatus from any other apparatus or the making safe of redundant apparatus;
(d)
the approval of plans;
(e)
the carrying out of protective works, plus a capitalised sum to cover the cost of maintaining and renewing permanent protective works;
(f)
the survey of any land, apparatus or works, the inspection and monitoring of works or the installation or removal of any temporary works reasonably necessary in consequence of the execution of any such works referred to in this Part of this Schedule;
(g)
any watching brief pursuant to sub-paragraph 57(6).
(2)
There will be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Part of this Schedule and which is not re-used as part of the alternative apparatus, that value being calculated after removal.
(3)
If in accordance with the provisions of this Part of this Schedule—
(a)
apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or
(b)
apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated,
and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 58 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to Cadent by virtue of sub-paragraph (1) will be reduced by the amount of that excess save where it is not possible or appropriate in the circumstances (including due to statutory or regulatory changes) to obtain the existing type of apparatus at the same capacity and dimensions or place at the existing depth in which case full costs will be borne by the undertaker.
(4)
For the purposes of sub-paragraph (3)—
(a)
an extension of apparatus to a length greater than the length of existing apparatus will not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and
(b)
where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole will be treated as if it also had been agreed or had been so determined.
(5)
An amount which apart from this sub-paragraph would be payable to Cadent in respect of works by virtue of sub-paragraph (1) will, if the works include the placing of apparatus provided in substitution for apparatus placed more than seven years and six months earlier so as to confer on Cadent any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.
Indemnity
59.
(1)
Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any such works authorised by this Part of this Schedule (including without limitation relocation, diversion, decommissioning, construction and maintenance of apparatus or alternative apparatus) or in consequence of the construction, use, maintenance or failure of any of the authorised works by or on behalf of the undertaker or in consequence of any act or default of the undertaker (or any person employed or authorised by him) in the course of carrying out such works, including without limitation works carried out by the undertaker under this Part of this Schedule or any subsidence resulting from any of these works, any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of the authorised works) or property of Cadent, or there is any interruption in any service provided, or in the supply of any goods, by Cadent, or Cadent becomes liable to pay any amount to any third party, the undertaker will—
(a)
bear and pay on demand the cost reasonably incurred by Cadent in making good such damage or restoring the supply; and
(b)
indemnify Cadent for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from Cadent, by reason or in consequence of any such damage or interruption or Cadent becoming liable to any third party as aforesaid other than arising from any default of Cadent.
(2)
The fact that any act or thing may have been done by Cadent on behalf of the undertaker or in accordance with a plan approved by Cadent or in accordance with any requirement of Cadent or under its supervision including under any watching brief will not (unless sub-paragraph (3) applies) excuse the undertaker from liability under the provisions of this sub-paragraph (1) unless Cadent fails to carry out and execute the works properly with due care and attention and in a skilful and workman like manner or in a manner that does not accord with the approved plan.
(3)
Nothing in sub-paragraph (1) will impose any liability on the undertaker in respect of—
(a)
any damage or interruption to the extent that it is attributable to the neglect or default of Cadent, its officers, servants, contractors or agents; and
(b)
any authorised works and/or any other works authorised by this Part of this Schedule carried out by Cadent as an assignee, transferee or lessee of the undertaker with the benefit of the Order pursuant to section 156 of the Planning Act 2008 or article 7 (consent to transfer benefit of order) subject to the proviso that once such works become apparatus (“new apparatus”), any authorised works yet to be executed and not falling within this sub-section (3)(b) will be subject to the full terms of this Part of this Schedule including this paragraph 59.
(4)
Cadent must give the undertaker reasonable notice of any such third party claim or demand and no settlement or compromise must, unless payment is required in connection with a statutory compensation scheme, be made without first consulting the promoter and considering their representations.
Enactments and agreements
60.
Save to the extent provided for to the contrary elsewhere in this Part of this Schedule or by agreement in writing between Cadent and the undertaker, nothing in this Part of this Schedule will affect the provisions of any enactment or agreement regulating the relations between the undertaker and Cadent in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.
Co-operation
61.
(1)
Where in consequence of the proposed construction of any of the authorised works, the undertaker or Cadent requires the removal of apparatus under sub-paragraph 55(2) or Cadent makes requirements for the protection or alteration of apparatus under paragraph 57, the undertaker will use its best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe and efficient operation of Cadent’s undertaking and Cadent will use its best endeavours to co-operate with the undertaker for that purpose.
(2)
For the avoidance of doubt whenever Cadent’s consent, agreement or approval is required in relation to plans, documents or other information submitted by the undertaker or the taking of action by the undertaker, Cadent’s consent must not be unreasonably withheld or delayed.
Access
62.
If in consequence of the agreement reached in accordance with sub-paragraph 54(1) or the powers granted under this Order the access to any apparatus (including appropriate working areas required to reasonably and safely undertake necessary works by Cadent in respect of the apparatus) is materially obstructed, the undertaker must provide such alternative rights and means of access to such apparatus as will enable Cadent to maintain or use the apparatus no less effectively than was possible before such obstruction.
Arbitration
63.
Save for differences or disputes arising under sub-paragraphs 55(2), 55(4), 56(1) and paragraph 57 any difference or dispute arising between the undertaker and Cadent under this Part of this Schedule must, unless otherwise agreed in writing between the undertaker and Cadent, be determined by be referred to and settled by a single arbitrator to be agreed between the parties, or failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) to the President of the Institute of Civil Engineers and in settling any difference or dispute, the arbitrator must have regard to the requirements of Cadent for ensuring the safety, economic and efficient operation of Cadent’s apparatus.
Notices
64.
The plans submitted to Cadent by the undertaker pursuant to sub-paragraph 57(1) must be sent to Cadent Gas Limited Plant Protection by e-mail to plantprotection@cadentgas.com copied by e-mail to landservices@cadentgas.com and sent to the General Counsel Department at Cadent’s registered office or such other address as Cadent may from time to time appoint instead for that purpose and notify to the undertaker.
SCHEDULE 15PUBLIC GENERAL LEGISLATION
Hedgerow Regulations 1997
1.
Local Government (Miscellaneous Provisions) Act 1976
2.
Neighbourhood Planning Act 2017
3.
Building Act 1984
4.
SCHEDULE 16AMENDMENT OF LOCAL LEGISLATION
Year | Chapter | Title | Section |
|---|---|---|---|
1846 | liii | Eastern Union and Hadleigh Junction Railway Act | All |
1847 | xix | Eastern Union and Hadleigh Junction Railway Sale Act | All |
SCHEDULE 17CERTIFIED DOCUMENTS
(1) Document Title | (2) Document Reference |
|---|---|
Access, Rights of Way and Public Rights of Navigation Plans | 2.7 |
Land Plans | 2.3 (C) |
Special Category Land Plans | 2.4 |
Traffic Regulation Order Plans | 2.6 |
Trees and Hedgerows to be Removed or Managed Plans | 2.9 (B) |
Work Plans | 2.5 |
Book of Reference | 4.3 (F) |
Environmental Statement (together with any supplemental or additional environmental information) | 6.1 to 6.4 (inclusive) |
Outline Construction Environmental Management Plan | 7.5 (E), 7.5.1 (D) and 7.5.2 (F) |
Outline Construction Traffic Management Plan | 7.6 (D) |
Outline Materials and Waste Management Plan | 7.7 (B) |
Outline Landscape and Ecological Management Plan | 7.8 (D), 7.8.1 (C), 7.8.2 (D) and 7.8.3 (C) |
Archaeological Framework Strategy | 7.9 |
Outline Written Scheme of Investigation | 7.10 (D) |
Outline Public Right of Way Management Plan | 8.5.8 (B) |
Errata List | 8.4.3 (C) |