The East Midlands Gateway Rail Freight Interchange and Highway Order 2016

Article 38

SCHEDULE 21 FOR THE PROTECTION OF TARMAC

1.  The following provisions of this Schedule have effect, unless otherwise agreed in writing between the undertaker and Lafarge.

2.  In this Schedule—

“bagging plant” means the area subject to the GRS underlease;

“GRS underlease” means the lease dated 21st November 2012 between Lafarge Aggregates Limited (1) (now Tarmac) and GRS (Bagging) Limited (2) relating to Land at Lockington Quarry;

“Tarmac” means Tarmac Aggregates Limited (company number 00297905) as operator of the quarry and landfill;

“Tarmac access” means the private access track to be constructed for the benefit of the Tarmac land between Warren Lane and M1 Junction 24 as shown on the regulation 6(2) plan;

“Tarmac land” means the area subject to the Tarmac leases;

“Tarmac leases” means the leases dated 14th February 2000 and 24th February 2009 made between Charles Henry Curzon Coaker and Lafarge Aggregates Limited (now Tarmac);

“maintenance sum” means the sum of £100,000.00;

“quarry and landfill” means the quarry and landfill operations carried out on the Tarmac land; and

“specified work” means so much of any of the authorised development as is situated upon, across, under, over or within 15 metres of the Tarmac quarry and landfill.

3.  The undertaker must before commencing construction of any specified work supply to Tarmac copies of the detailed design information in relation to that work approved by the relevant highway authority under the provisions of Schedules 19 and 20 (protection of interests).

4.  The undertaker must give Tarmac no less than 28 days’ notice of the commencement of any of the specified works and must include with the notice a programme of those works. Once the specified works which are the subject of the notice have commenced they must be completed without delay in accordance with the programme.

5.  The undertaker must not in the exercise of the powers conferred by this Order during all periods and times when the quarry and landfill is operational do anything which obstructs either the access to the Tarmac land and the bagging plant from the A50 and Warren Lane or the egress from the Tarmac land and bagging plant via Warren Lane and the A50 or onto M1 Junction 24.

6.  The undertaker must give Tarmac a minimum of 28 days’ notice of any requirement to alter the position of any of its haul roads within the Tarmac land in order to facilitate the carrying out of the specified works in the circumstances where the undertaker is constructing the altered haul road or 3 months’ notice in the event of the altered haul road being constructed by Tarmac. In the event of the altered haul road being constructed by Tarmac the undertaker must recompense Tarmac for the reasonable costs incurred in connection with the construction.

7.  The undertaker must construct the Tarmac access in accordance with a specification and to standards agreed with Tarmac (such agreement not to be unreasonably withheld or delayed) and the Tarmac access must be in place (having been constructed to the agreed standards) prior to the existing access to or egress from the Tarmac land being closed or obstructed.

8.  Subject to the approval of Highways England the undertaker must incorporate a yellow box junction on the egress from the Tarmac access onto M1 Junction 24, the preferred design being that set out on the drawing entitled Quarry Exit at J24 (NTH/209/SK137 Revision P2).

9.  The Tarmac access must be gated or include barriers at each end in order for security to be maintained by Tarmac, such gates to be in a position agreed between the undertaker and Tarmac but set back no less than 15 metres from the public highway.

10.  A scheme for the signage along the Tarmac access must be agreed between the undertaker and Tarmac (with both parties acting reasonably) and implemented by the undertaker as agreed.

11.  The undertaker must permit Tarmac to utilise the Tarmac access for egress from and access to the Tarmac land at all times with the exception of periods when such access would interfere with the specified works or the maintenance of the Tarmac access at which times the undertaker must provide a satisfactory alternative temporary access which must be no less convenient, such access being agreed in advance by Tarmac.

12.  The undertaker must pay the maintenance sum to Tarmac at the end of the contractors’ maintenance period in respect of the Tarmac access to fund the maintenance of the access track during the remainder period of the Tarmac lease.

13.  The undertaker must, prior to undertaking any works on the Tarmac land, agree with Tarmac a protocol or other terms to ensure adequate demarcation between the landfill part of the Tarmac land and the works required to construct the Tarmac access (such agreement not to be unreasonably withheld or delayed).

14.  The undertaker must reinstate any environmental barrier disturbed by, or construct any environmental barrier required as a result of, the specified works in the location and to a specification agreed with the Environment Agency and Tarmac.

15.  Any difference or dispute arising between the undertaker and Tarmac under this Schedule must, unless otherwise agreed between the undertaker and Tarmac, be determined by arbitration in accordance with article 41 (arbitration).