The M42 Junction 6 Development Consent Order 2020

23.—(1) Regardless of any provision in this Order or anything shown on the land plans, the promoter may not possess temporarily or acquire any interest in land or apparatus, or override any easement or other interest in land, of National Grid otherwise than by agreement. E+W

(2) As a condition of an agreement under sub-paragraph (1), prior to the carrying out of any part of the authorised development (or in such other timeframe as may be agreed between National Grid and the promoter) that is subject to the requirements of this Part of this Schedule that will cause any conflict with or breach the terms of any easement or other legal or land interest of National Grid or affect the provisions of any enactment or agreement regulating the relations between National Grid and the promoter in respect of any apparatus laid or erected in land belonging to or secured by the promoter, the promoter must as National Grid reasonably requires enter into such deeds of consent upon such terms and conditions as may be agreed between National Grid and the promoter acting reasonably and which must be no less favourable on the whole to National Grid unless otherwise agreed by National Grid, and it will be the responsibility of the promoter 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 promoter and National Grid agree that where there is any inconsistency or duplication between the provisions set out in this Part of this Schedule relating to the relocation or removal of apparatus, including but not limited to the payment of costs and expenses relating to such relocation or removal of apparatus, and the provisions of any existing easement, rights, agreements and licences granted, used, enjoyed or exercised by National Grid or other enactments relied upon by National Grid as of right or other use in relation to the apparatus, then the provisions in this Schedule prevail.

(4) Any agreement or consent granted by National Grid under paragraph 26 or any other paragraph of this Part of this Schedule, is not be taken to constitute agreement under sub-paragraph (1).

Commencement Information

I1 Sch. 12 para. 23 in force at 11.6.2020, see art. 1