The North London Heat and Power Generating Station Order 2017

Retained apparatus: Protection: Electricity Undertakers

10.—(1) Not less than 56 days before the commencement of any specified works, the undertaker must submit to National Grid Electricity Transmission Plc (the “statutory undertaker”) a plan of the works to be carried out and seek from the statutory undertaker details of the underground extent of its electricity tower foundations. The statutory undertaker must not unreasonably withhold or delay its provision of those details.

(2) The plan to be submitted to the statutory undertaker under sub-paragraph 10(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;

(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;

(f) any intended maintenance regimes; and

(g) an assessment of risks of rise of earth issues.

(3) In relation to any works which will or may be situated on, over, under or within 10 metres of any part of the foundations of an electricity tower or between any two or more electricity towers, the plan to be submitted under sub-paragraph 10(1) must, in addition to the matters set out in sub-paragraph 10(2), include a method statement describing—

(a) details of any cable trench design including route, dimensions and clearance to pylon foundations;

(b) how pylon foundations will not be affected prior to, during and post-construction;

(c) details of load-bearing capacities of trenches;

(d) details of cable installation methodology including access arrangements, jointing bays and backfill methodology;

(e) a written management plan for high voltage hazard during construction and ongoing maintenance of the cable route;

(f) written details of the operations and maintenance regime for the cable, including frequency and method of access;

(g) an assessment of earth rise potential if reasonably required by the statutory undertaker’s engineers; and

(h) evidence that trench-bearing capacity is to be designed to 26 tonnes to take the weight of overhead line construction traffic.

(4) The undertaker must not commence any works to which sub-paragraphs 10(2) or 10(3) applies until the statutory undertaker has given written approval of the plan so submitted.

(5) Any approval of the statutory undertaker required under sub-paragraphs 10(2) or 10(3)—

(a) may be given subject to reasonable conditions for any purpose mentioned in sub-paragraphs 10(6) or 10(8); and,

(b) must not be unreasonably withheld or delayed.

(6) In relation to any work to which sub-paragraphs 10(2) or 10(3) applies, the statutory undertaker may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing its apparatus against interference or risk of damage or for the purpose of providing or securing proper and necessary means of access to any apparatus.

(7) Works to which this paragraph applies must be carried out only in accordance with the plan, submitted under sub-paragraph 10(1), as approved or as amended from time to time by agreement between the undertaker and the statutory undertaker and in accordance with such reasonable requirements as may be made in accordance with sub-paragraphs 10(6) or 10(8) 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.

(8) Where the statutory undertaker 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 the statutory undertaker’s satisfaction (the statutory undertaker’s confirmation of whether it is satisfied or not is not to be unreasonably withheld or delayed) prior to the commencement of any specified works (or any relevant part thereof) for which protective works are required, and the statutory undertaker must give at least 56 days’ notice of such works from the date of submission of a plan pursuant to this paragraph (except in an emergency).

(9) If the statutory undertaker in accordance with sub-paragraphs 10(6) or 10(8) 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 7 and 8 9apply as if the removal of the apparatus had been required by the undertaker under paragraph 7(2).

(10) 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 specified 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.

(11) The undertaker is not required to comply with sub-paragraph 10(1) where it needs to carry out emergency works as defined in the 1991 Act, but in that case it must give to the statutory undertaker notice as soon as is reasonably practicable and a plan of those works and must—

(a) comply with sub-paragraphs 10(6), 10(7) and 10(8) insofar as is reasonably practicable in the circumstances; and

(b) comply with sub-paragraph 10(12) at all times.

(12) At all times when carrying out any works authorised under the Order, the undertaker must comply with the statutory undertaker’s policies for development near overhead lines EN43-8 and the Health and Safety Executive’s guidance note 6 “Avoidance of Danger from Overhead Lines”.