The A47 North Tuddenham to Easton Development Consent Order 2022

SCHEDULES

Article 2

SCHEDULE 1 E+W+S AUTHORISED DEVELOPMENT

Commencement Information

I1 Sch. 1 in force at 2.9.2022, see art. 1

In the administrative areas of Norfolk County Council and Broadland, South Norfolk and Breckland District Councils.

The authorised development is a nationally significant infrastructure project as defined in sections 14 (nationally significant infrastructure projects: general) and 22 (highways)(1) of the 2008 Act and associated development within the meaning of section 115(2)(2) of the 2008 Act, comprising—

Work No. 1 – Alteration of the A47 of 9,169 metres in length from a point 370m west of Fox Lane overbridge to a point 180m west of Easton roundabout, including the construction of a mainline dual carriageway, footways, embankments, two laybys, police observation platform, maintenance accesses, approaches and associated drainage and noise barriers shown on sheet numbers 1, 2, 4 to 9 and 11 to 16 of the works plans;

Work No. 2 – a combination of re-surfaced, realigned and new carriageway from Main Road east for 380 metres to the new junction with Lyng Road (Work No. 4) and then 775 metres to re-join the existing A47 alignment at the altered junction with Low Road, including footways, embankments, approaches, associated drainage and flood protection bund shown on sheet numbers 1, 2 and 4 of the works plans;

Work No. 3 – a new driveable access track, associated earthworks and drainage, from an existing access onto Fox Lane and a new field access with passing places, running eastwards for 579 metres to a private property east of Oak Farm, shown on sheet number 1 of the works plans;

Work No. 4 – a combination of new and realigned carriageway, footways, embankments, approaches and associated drainage to form the realigned Lyng Road north of the junction with Work No. 2, shown on sheet number 2 of the works plans;

Work No. 5 – drainage works east of Oak Farm comprising an extension of the existing West Culvert under the proposed A47 mainline dual carriageway (Work No.1) and creation of the new West Culvert under Work No. 2 east of the new junction to the realigned Lyng Road (Work No. 4), shown on sheet number 2 of the works plans;

Work No. 6 – a new drainage basin south east of Oak Farm, plus associated drainage and driveable maintenance access track with an outfall into the local watercourse and a drainage connection to the basin on the southern side of the proposed A47 mainline dual carriageway (Work No.1), shown on sheet number 2 of the works plans;

Work No. 7 – a new drainage basin with associated drainage and driveable maintenance access track south from the A47 mainline dual carriageway (Work No. 1) with an outfall into the River Tud east of Whitford bridge and a drainage connection to the basin, shown on sheet 4 of the works plans;

Work No. 8 – a combination of new and widened carriageway, footways, embankments and associated drainage between the existing Mattishall Lane alignment and the proposed Mattishall Lane Link Road (Work No. 9), shown on sheet number 4 of the works plans;

Work No. 9 – a new carriageway, footways, approaches, drainage and underbridge with cycle track forming the new Mattishall Lane Link Road from the existing A47 471 metres south west to Mattishall Lane, shown on sheet number 4 of the works plans;

Work No. 10 – alteration of the existing A47 and Mattishall Lane junction including the provision of a ghost island and the creation and upgrade of footways on Mattishall Lane and the existing A47 between the new Mattishall Lane Link Road (Work No.9) junction to the west and the Hockering junction with the existing A47 to the east plus the creation of a new field access off Mattishall Lane, shown on sheet 4 of the works plans;

Work No. 11 – a new driveable access track with passing places, from Mattishall Lane south of the proposed A47 mainline dual carriageway (Work No. 1) running eastwards for 469 metres, shown on sheet numbers 4 and 5 of the works plans;

Work No. 12 – a new drainage basin, associated drainage and driveable maintenance access track and a new outfall into the River Tud between Work No. 11 and the River Tud with a drainage connection to the basin, shown on sheet number 5 of the works plans;

Work No. 13 – a new culvert at Newgate House, under the proposed A47 mainline dual carriageway (Work No. 1) south of Gypsy Lane, shown on sheet number 6 of the works plans;

Work No. 14 – a new drainage basin east of Gypsy Lane with associated drainage and a driveable maintenance access track north from the A47 mainline dual carriageway (Work No. 1) with an outfall into the River Tud to the south and a drainage connection under the proposed A47 mainline dual carriageway (Work No. 1) to the basin, shown on sheet number 6 of the works plans;

Work No. 15 – a new drainage basin, associated drainage, a wetland area east of Church Lane, and a driveable maintenance access track from Work No 16, with a new outfall into the River Tud east of Church Lane bridge and a drainage connection to the basin shown on sheet number 7 of the works plans;

Work No. 16 – a new driveable access track with passing place, associated earthworks and drainage, from Church Lane 469 metres east to Work No. 15 and Hillcrest Cottage, shown on sheet numbers 7 and 8 of the works plans;

Work No. 17 – a combination of re-surfaced, realigned and new carriageway with cycle track, embankments, approaches and associated drainage to form the new link road from the existing A47 east of Hockering 913 metres east to Wood Lane junction northern dumbbell roundabout (Work No. 20), shown on sheet numbers 7, 8 and 10 of the works plans;

Work No. 18 – a new carriageway, embankments and associated drainage to form the Wood Lane junction east bound off slip road to the northern dumbbell roundabout, shown on sheet numbers 8, 9 and 10 of the works plans;

Work No. 19 – a new carriageway, embankments and associated drainage to form the Wood Lane junction west bound on slip road from the southern dumbbell roundabout, shown on sheet numbers 8 and 9 of the works plans;

Work No. 20 – a new carriageway, embankments and associated drainage to form the Wood Lane junction northern dumbbell roundabout, shown on sheet number 10 of the works plans;

Work No. 21 – a new Wood Lane junction underbridge and associated carriageway, embankments and drainage between the dumbbell roundabouts (Work Nos. 20 and 22), shown on sheet numbers 9 and 10 of the works plans;

Work No. 22 – a new carriageway, embankments and associated drainage to form the Wood Lane junction southern dumbbell roundabout, shown on sheet number 9 of the works plans;

Work No. 23 – a new carriageway, embankments and associated drainage to form the Wood Lane junction east bound on slip road from the northern dumbbell roundabout, shown on sheet numbers 9 and 10 of the works plans;

Work No. 24 – a new carriageway, embankments and associated drainage to form the Wood Lane junction west bound off slip road to the southern dumbbell roundabout, shown on sheet numbers 9 and 11 of the works plans;

Work No. 25 –a combination of re-surfaced and new carriageway, footways, embankments and associated drainage to form the new B1535 Wood Lane junction with Work No. 17, shown on sheet number 10 of the works plans;

Work No. 26 – a new restricted byway from Hall Farm underpass (Work No. 30) west 781 metres to Work No. 26a the optional cycle track connection to the realigned Wood Lane, shown on sheet numbers 9, 10 and 11 of the works plans;

Work No. 26a – a new cycle track between the realigned B1535 Wood Lane (Work No. 25) and the start of the new restricted byway (Work No. 26) which meets the diverted restricted byway Honingham RB1, shown on sheet number 10 of the works plans;

Work No. 27 – a new drainage basin, associated drainage and driveable maintenance access track, between the existing A47 and proposed A47 mainline dual carriageway (Work No. 1) east of the proposed A47 Wood Lane junction southern dumbbell roundabout (Work No. 22), accessed from Work No. 32, shown on sheet number 9 of the works plans;

Work No. 28 – a combination of realigned and new carriageway with footways, embankments, approaches and associated drainage to form the link to Dereham Road, Honingham, from Work No. 32 and traffic calming measures at Dereham Road , shown on sheet numbers 9 of the works plans;

Work No. 29 – a new bridleway with new cycle track between Berrys Lane and Dereham Road to replace an existing parallel footpath, shown on sheet number 9 of the works plans;

Work No. 30 – a new Hall Farm underpass, access road to the existing A47 and new section of associated access ramps joining the new restricted byway from Wood Lane junction (Work No. 26), shown on sheet number 11 of the works plans;

Work No. 31 – a new drainage basin between the existing A47 and proposed A47 mainline dual carriageway (Work No. 1) and south east of Hall Farm underpass (Work No. 30), with associated drainage connections and a driveable maintenance access track to the Hall Farm access track (Work No. 30), shown on sheet number 11 of the works plans;

Work No. 32 – reconfiguration of the existing A47 carriageway north of Honingham with a new cycle track, embankments and associated drainage, including a ghost island at the existing A47 junction with the realigned Dereham Road (Work No.28) and modified Honingham bypass structure over the River Tud, between the Wood Lane junction southern dumbbell roundabout (Work No. 22) east 1,663 metres to the existing A47 Honingham roundabout , shown on sheet numbers 9, 11, 12 and 13 of the works plans;

Work No. 33 – a new driveable private access track with passing places, associated earthworks and drainage, connecting Hall Farm to Hall Farm underpass and access road (Work No. 30), shown on sheet number 11 of the works plans;

Work No. 34 – a new drainage basin, east of the proposed A47 mainline dual carriageway (Work No. 1) and north of the new A47 River Tud crossing (Work No. 35), with associated drainage and a driveable access track from Work No. 1, shown on sheet number 12 of the works plans;

Work No. 35 – a new bridge structure over the River Tud with new carriageway, embankments, approaches and associated drainage for the A47 River Tud crossing, with associated flood risk compensation earthworks south of the River Tud between the existing A47 and proposed A47 mainline dual carriageway (Work No. 1) including fences for the protection of bats shown on sheet number 12 of the works plans;

Work No. 36 – a new drainage basin and wetland area south of the River Tud crossing (Work No. 35), between the existing A47 and proposed A47 mainline dual carriageway (Work No. 1), with associated drainage connections and a new outfall to the River Tud west of the River Tud crossing and driveable maintenance access track from Work No. 32, shown on sheet number 12 of the works plans;

Work No. 37 – a new cycle track between Honingham roundabout and the existing A47 west of St Andrew’s Church (Work No. 39), new Honingham church underpass, embankments, and drainage shown on sheet number 13 of the works plans;

Work No. 38 – a replacement hardstanding area west of St Andrew’s Church, Honingham, and associated access road to the existing A47 (Work No. 39), shown on sheet number 13 of the works plans.

Work No. 39 –alteration and reconfiguration of the existing A47 between the proposed cycle track (Work No. 37) and Taverham Road to provide a single lane access road incorporating parking spaces, a vehicle turning area, a secure access gate and adjacent cycle track south east of St Andrew’s Church, shown on sheet numbers 13 and 14 of the works plans;

Work No. 40 – realigned new carriageway, footways, embankments, and drainage between Honingham roundabout and the proposed Norwich Road junction southern dumbbell roundabout (Work No. 46), shown on sheet numbers 13 and 14 of the works plans;

Work No. 41 – a new drainage basin and wetland area, associated drainage with new outfall to the River Tud and driveable access track, east of Taverham Road and between the River Tud and Work No. 47, shown on sheet 14 of the works plans;

Work No. 42 – a new carriageway, embankments and drainage to form the proposed Norwich Road junction eastbound off-slip road to the northern dumbbell roundabout, shown on sheet numbers 13 and 14 of the works plans;

Work No. 43 – a new carriageway, embankments and drainage to form the proposed Norwich Road junction westbound on-slip road from the southern dumbbell roundabout, shown on sheet numbers 13 and 14 of the works plans;

Work No. 44 – a new carriageway, embankments and drainage to form the proposed Norwich Road junction northern dumbbell roundabout, shown on sheet number 14 of the works plans;

Work No. 45 – a new Norwich Road junction underbridge and associated carriageway, embankments and drainage between the dumbbell roundabouts (Work Nos. 44 and 46), shown on sheet number 14 of the works plans;

Work No. 46 – a new carriageway, embankments and drainage to form the proposed Norwich Road junction southern dumbbell roundabout, shown on sheet number 14 of the works plans;

Work No. 47 – a new and altered carriageway, footways, embankment and drainage from the proposed Norwich Road junction northern dumbbell roundabout (Work No. 44) north 270 metres to Taverham Road, shown on sheet number 14 of the works plans;

Work No. 48 – new carriageway, embankments, approaches and drainage to form the proposed Norwich Road junction east bound on slip road from the northern dumbbell roundabout, shown on sheet numbers 14 and 15 of the works plans;

Work No. 49 – a new carriageway, embankments, approaches and drainage to form the proposed Norwich Road junction west bound off slip road to the southern dumbbell roundabout, shown on sheet numbers 14 and 15 of the works plans;

Work No. 50 – a realigned and new carriageway, embankments, approaches and drainage from the proposed Norwich Road junction southern dumbbell roundabout (Work No. 46) east 1,265 metres to Dereham Road, Easton, shown on sheet numbers 14, 15 and 16 of the works plans;

Work No. 51 – a new carriageway from the realigned Taverham Road (Work No. 47) to a new field access and a new cycle track to Church Lane, Easton, plus associated embankments and drainage, shown on sheet numbers 14, 15 and 16 of the works plans;

Work No. 52 – a new Easton footbridge, embankments, drainage and access ramps to carry a cycle track between Church Lane, north of the A47, and Dereham Road, Easton, shown on sheet numbers 15 and 16 of the works plans;

Work No. 53 – alterations to Church Lane carriageway, embankments and drainage to create a new driveable access road and new cycle track linking Work No. 52 with the junction of Church Lane with Ringland Road, shown on sheet number 16 of the works plans;

Work No. 54 – altering the southern corner of Rotten Row and Church Lane junction with associated drainage alterations, shown on sheet number 17 of the works plans;

Work No. 55 – southern end of a surface water drainage channel crossing the new driveable access track, between Church Lane and Hillcrest Cottage (Work No. 16) from the north side, shown on sheet number 8 of the works plans;

Work No. 56 – flood alleviation compensation and environmental mitigation area including earthworks, embankments, new ponds, new wetlands and watercourse alterations north of Work No. 2 and east of Lyng Road, shown on sheet 2 and sheet number 2 (inset A) of the works plans;

Work No. 57 – flood alleviation compensation and environmental mitigation area, including watercourse alterations and new wetlands, north of The Street and to the east of Hockering, shown on sheet number 6 and sheet number 6 (inset B) of the works plans;

Work No. 58 – a temporary material storage, management and processing area south of the proposed A47 mainline dual carriageway (Work No. 1), south east of Work No. 5, east of Lyng Road and north of Low Road, shown on sheet 2 of the works plans;

Work No. 59 – a traffic management site compound between the existing A47, Low Road, the proposed A47 mainline dual carriageway (Work No. 1) and the proposed Mattishall Lane Link Road (Work No. 9), shown on sheet 4 of the work plans;

Work No. 60 – a temporary material storage area between the existing A47, the proposed A47 mainline dual carriageway (Work No. 1), the proposed Mattishall Lane Link Road (Work No. 9) and existing Mattishall Lane, shown on sheet 4 of the works plans;

Work No. 61 – a temporary material storage, management and processing area, between the existing A47 and proposed A47 mainline dual carriageway (Work No.1) south east of Hockering, shown on sheet numbers 6 and 7 of the works plans;

Work No. 62 – a temporary compound area, including material storage, management and processing, south of the proposed A47 mainline dual carriageway (Work No. 1), east of Hillcrest Cottage and south west of the proposed A47 Wood Lane Junction southern dumbbell roundabout (Work No. 22), including a temporary connection to existing overhead 11kV electricity cables shown on sheets 8 and 9 of the works plans;

Work No. 63 – a temporary material storage area south and west of the proposed A47 Wood Lane Junction southern dumbbell roundabout (Work No. 22), shown on sheet 9 of the works plans;

Work No. 64 – a material storage area north of the proposed A47 mainline dual carriageway (Work No. 1) and east of the proposed A47 Wood Lane Junction northern dumbbell roundabout (Work No. 20), shown on sheet numbers 10 and 11 of the works plans;

Work No. 65 – a temporary main compound area, including material storage, management and processing, south of the existing A47 Honingham roundabout, shown on sheet 13 of the work plans;

Work No. 66 – a temporary material storage, management and processing area south of the existing A47 Honingham roundabout adjacent to east side of Work No. 65, shown on sheet 13 of the work plans;

Work No. 67 – a temporary material storage, management and processing area north east of the proposed A47 Norwich Road junction northern dumbbell roundabout (Work No. 44) and east of Work No. 41, shown on sheet 14 of the works plans;

Work No. 68 – a temporary material storage, management and processing area east of the proposed Norwich Road junction southern dumbbell roundabout (Work No. 46), shown on sheet numbers 14 and 15 of the works plans;

Work No. 69 –a temporary material storage, management and processing area north of the proposed A47 mainline dual carriageway (Work No. 1) situated between Work Nos. 93 and 94, shown on sheet number 15 of the works plans;

Work No. 70 –a temporary material storage, management and processing area north of the proposed A47 mainline dual carriageway (Work No. 1) situated between Work No. 93 and 94, shown on sheet number 15 of the works plans;

Work No. 71 – a temporary compound area north of the existing Easton roundabout and west of Church Lane, Easton, shown on sheet numbers 15 and 16 of the works plans;

Work No. 72 – a temporary material storage, management and processing area north of Work No. 71 and between Work No. 94 and Church Lane, Easton, shown on sheet numbers 15 and 16 of the works plans;

Work No. 73 – removal of the overhead electronic communications cables crossing Work No.1 and 2 between Poppy Wood and Oak Farm, shown on sheet numbers 1 and 2 of the works plans;

Work No. 74 – diversion of potable water pipes and overhead electronic communications and low voltage electricity utility cables along the route of and to the west of the existing Mattishall Lane and crossing Work Nos. 1, 8, 9, 10 and 11, shown on sheet number 4 of the works plans;

Work No. 75 – undergrounding an overhead electronic communications utility line along Mill Lane, Hockering, crossing Work No. 1, shown on sheet number 5 of the works plans;

Work No. 76 – diversion and undergrounding an overhead 11kV electricity line crossing Work No. 1 between the existing A47 and the River Tud, east of Mill Lane, Hockering, shown on sheet number 5 of the works plans;

Work No. 77 – diversion of a main effluent pipeline crossing Work No. 1 between Hockering Water Recycling Centre, Gypsy Lane, and the River Tud, shown on sheet number 6 of the works plans;

Work No. 78 – diversion and undergrounding of an overhead 11kV electricity line crossing Work No. 1 south east of Gypsy Lane and west of a private property at the western end of Trap’s Lane, shown on sheet numbers 6 and 7 of the works plans;

Work No. 79 – diversion and undergrounding of an overhead 11kV electricity line crossing Work No. 1 between the existing A47 and Trap’s Lane, west of Church Lane, shown on sheet number 7 of the works plans;

Work No. 80 – diversion of potable water pipeline and electronic communications cables crossed by Work No. 1, 15, 16 and 17 between the existing A47 and the Church Lane properties and between Church Lane and Hillcrest Cottage, shown on sheet numbers 7 and 8 of the works plans;

Work No. 81 – installation of ducts, cables and apparatus for utilities and electronic communications code operators in north side of the verge of Work No. 17 between the existing A47 and Wood Lane junction northern dumbbell roundabout (Work No. 20), shown on sheet numbers 7, 8 and 10 of the works plans;

Work No. 82 – removal of electronic communications overhead utility cables to Hillcrest Cottage replaced by Work Nos. 80 and 83, shown on sheet number 8 of the works plans;

Work No. 83 – installation of ducts, cables and apparatus for utilities electronic communications code operators along the track between Hillcrest Cottage and Wood Lane junction southern dumbbell roundabout (Work No. 22) crossing Work Nos 1 and 16, shown on sheet numbers 8 and 9 of the works plans;

Work No. 84 – diversion of a high pressure gas pipeline, potable water pipeline and overhead electronic communications and low voltage electricity utility cables along Wood Lane, the existing A47, Berrys Lane and Dereham Road, Honingham, affected by Works Nos. 1, 19, 22, 23, 24, 26, 27, 28, 29 and 32, shown on sheet numbers 9 and 10 of the works plans;

Work No. 85 – diversion and undergrounding of electronic communications overhead utility cables, east of Wood Lane, crossing Work Nos. 1, 17, 18, 20, 21, 22, 24, 25 and 26a, shown on sheet numbers 9 and 10 of the works plans;

Work No. 86 – diversion of 11kV electricity cables crossing the new junction between the new Hall Farm underpass and access road (Work No. 30) and the existing A47, shown on sheet number 11 of the works plans;

Work No. 87 – diversion and undergrounding of electronic communications overhead utility cables along the access track to Hall Farm from the existing A47 crossing Work Nos. 1 and 33, shown on sheet number 11 of the works plans;

Work No. 88 – diversion and undergrounding an overhead 11kV electricity cable crossing Work No. 1 between the existing A47 and Hall Farm, shown on sheet number 11 of the works plans;

Work No. 89 – diversion of a potable water pipeline, an effluent pipeline, overhead electronic communications and low voltage electricity utility cables between the existing Honingham roundabout and existing A47 east of St Andrew’s Church crossed by Works Nos. 1, 32, 37, 38, 39 and 40, shown on sheet numbers 12, 13 and 14 of the works plans;

Work No. 90 – diversion of electricity and electronic communications utility cables crossing the existing A47 and realigned Taverham Road (Works No. 39 and 47), shown on sheet number 14 of the works plans;

Work No. 91 – diversion of electronic communication utility cables crossed by Work Nos. 1, 39, 40, 42, 43 and 47, from Church Farm bridge south along Taverham Road and Blind Lane, then east along Red Barn Lane and Church Road to a connection beside Dereham Road, south-east of St Peter’s Church, Easton, shown on sheet numbers 14, 15, 16, 18 and 19 of the works plans;

Work No. 92 – diversions on the north side of the proposed A47 mainline dual carriageway (Work No. 1) of a potable water pipeline, an effluent pipeline and overhead electronic communications and low voltage electricity utility cables between Taverham Road and Dereham Road, Easton, crossed by the proposed A47 mainline dual carriageway (Work No. 1), Norwich Road junction northern dumbbell roundabout (Work No. 44) and connecting slip roads and side roads, shown on sheet numbers 14 and 15 of the works plans;

Work No. 93 – alterations to the overhead 132kV electricity line with associated temporary work areas between the pylons with temporary access routes to Taverham Road and Church Road, Easton, shown on sheet numbers 15, 19 and 20 of the works plans;

Work No. 94 – installation of the onshore connection works west of Easton consented as part of the Hornsea Three Offshore Wind Farm Order 2020, comprising up to six cable circuits and associated electrical circuit ducts under Works Nos. 1, 50 and 51, and associated link boxes, joint bays, cable ducts, cable protection, joint protection, manholes, marker posts, underground cable marker, tiles and tape, and lighting and other works associated with cable laying, haul roads, vehicular accesses and construction compounds or if horizontal direction drilling is to be used, horizontal direction drilling compounds shown on sheet numbers 15 and 19 of the works plans;

Work No. 95 – removal of existing 11kV overhead electricity utility cables and installation of new ground based sub-station beside Dereham Road with low voltage connection to existing network in highway boundary, shown on sheet numbers 15 and 16 of the works plans;

Work No. 96 – environmental mitigation, including watercourse improvements and creation of ponds and wetlands between the River Tud and proposed A47 mainline dual carriageway (Work No. 1), shown on sheet number 6 of the works plans;

Work No. 97 – River Tud crossing ecological and environmental mitigation, including earthworks, watercourse alterations and creation of ponds and wetlands between the River Tud, existing A47, the proposed A47 mainline dual carriageway (Work No. 1) and the drainage basin east of Hall Farm underpass (Work No. 31), shown on sheet numbers 11 and 12 of the works plans;

Work No. 98 – new carriageway 50m in length and associated embankments, approaches and drainage to provide the option for Norwich Western Link road to connect to the proposed A47 Wood Lane Junction northern dumbbell roundabout (Work No. 20), shown on sheet number 10 of the works plans;

Work No. 99 – temporary haul route from the new field access carriageway connecting to the realigned Taverham Road (Work No. 51) to land parcels between the River Tud, Taverham Road, the A47 mainline dual carriageway (Work No. 1) and Church Lane, north of Easton, to replace access for large vehicles following severance of direct A47 access from Church Lane, shown on sheet numbers 14 and 15 of the works plans;

And for the purposes of or in connection with the construction of any of those works mentioned above, further development within the Order limits which does not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement consisting of:

(a) alteration to the layout of any street permanently or temporarily, including as part of de-trunking or stopping up orders, including but not limited to increasing or reducing the width of the carriageway of the street by reducing or increasing the width of any kerb, footpath, footway, cycle track or verge within the street; altering the level of any such kerb, footpath, footway, cycle track or verge; installing low noise surfacing; and landscaping sections of abandoned sections;

(b) works required for the strengthening, improvement, maintenance or reconstruction of any street;

(c) ramps, means of access, non-motorised links, footpaths, cycle tracks and crossing facilities;

(d) embankments, viaducts, aprons, abutments, shafts, foundations, retaining walls, barriers, pumping stations, parapets, drainage, outfalls, ditches, wing walls, highway lighting, fencing and culverts;

(e) street works, including breaking up or opening up a street, or any sewer, drain or tunnel under it; tunnelling or boring under a street;

(f) works to place, alter, remove or maintain street furniture or apparatus in a street, or apparatus in other land, including mains, sewers, drains, soakaways, pipes, cables, ducts, traffic signals and lights;

(g) works to alter the course of or otherwise interfere with a watercourse;

(h) landscaping, noise bunds and barriers, works associated with the provision of ecological mitigation and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised development;

(i) works for the benefit or protection of land affected by the authorised development;

(j) site preparation works, site clearance (including fencing, vegetation removal, demolition of existing structures and the creation of alternative footpaths); earthworks (including soil stripping and storage, site levelling); remediation of contamination;

(k) the felling of trees;

(l) construction compounds and working sites, storage areas, temporary vehicle parking, construction fencing, perimeter enclosure, security fencing, construction-related buildings, temporary worker accommodation facilities, welfare facilities, construction lighting, haulage roads and other buildings, machinery, apparatus, works and conveniences;

(m) the provision of other works including pavement works, kerbing and paved areas works, signing, signals, gantries, road markings works, traffic management measures including temporary roads and such other works as are associated with the construction of the authorised development; and

(n) such other works, working sites, storage areas and works of demolition, as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction of the authorised development.

Article 5

SCHEDULE 2 E+W+S REQUIREMENTS

PART 1 E+W+S REQUIREMENTS

Interpretation E+W+S

1.  In this Schedule—

“completion or completed” means the relevant parts of the authorised development are completed and fully open to traffic;

“contaminated land” has the same meaning as that term is given in section 78A of the Environmental Protection Act 1990(3);

“DMRB” means the Design Manual for Roads and Bridges, which accommodates all current standards, advice and other documents relating to the design, assessment and operation of trunk roads and motorways, or any equivalent replacement to the DMRB published;

“drainage strategy” means the strategy in Appendix 13.2 of the environmental statement;

“ecological works” means Work Nos. 56 and 97;

“EMP (Second Iteration)” means the second iteration of the environmental management plan produced in accordance with the DMRB, which is to be a refined version of the EMP (First Iteration) including more detailed versions of the outline plans contained or listed within the EMP (First Iteration) or any other plans as required;

“EMP (Third Iteration)” means the third iteration of the environmental management plan produced in accordance with the DMRB, which is a refined version of the EMP (Second Iteration) and which relates to the operational and maintenance phase of the authorised development;

“European protected species” has the same meaning as in regulations 42 (European protected species of animals) and 46 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2017(4);

“the environmental masterplan” means the document certified as the masterplan under article 50 (certification of documents, etc.);

“lead local flood authority” has the same meaning as in the Flood and Water Management Act 2010;

“IDB” means the Norfolk Rivers Drainage Board;

“the Manual of Contract Documents for Highway Works” means the document of that name published electronically by or on behalf of the strategic highway authority for England or any equivalent replacement published for that document;

“nationally protected species” means any species protected under the Wildlife and Countryside Act 1981(5); and

“REAC” means the Register of Environmental Actions and Commitments forming table 3.1 of the EMP (First Iteration).

Commencement Information

I2 Sch. 2 para. 1 in force at 2.9.2022, see art. 1

Time limits E+W+S

2.  The authorised development must commence no later than the expiration of 5 years beginning with the date that this Order comes into force.

Commencement Information

I3 Sch. 2 para. 2 in force at 2.9.2022, see art. 1

Detailed design E+W+S

3.—(1) The authorised development must be designed in detail and carried out so that it is compatible with the preliminary scheme design shown on the works plans and engineering drawings and sections unless otherwise agreed in writing by the Secretary of State, following consultation by the undertaker with the relevant planning authority on matters related to its functions, provided that the Secretary of State is satisfied that any amendments to the engineering drawings and sections showing departures from the preliminary scheme design would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

(2) Where amended details are approved by the Secretary of State under sub-paragraph (1), those details are deemed to be substituted for the corresponding engineering drawings and sections and the undertaker must make those amended details available in electronic form for inspection by members of the public.

Commencement Information

I4 Sch. 2 para. 3 in force at 2.9.2022, see art. 1

Environmental Management Plan E+W+S

4.—(1) No part of the authorised development, except for the ecological works, is to commence until an EMP (Second Iteration) for that part, substantially in accordance with the EMP (First Iteration) has been submitted to and approved in writing by the Secretary of State, following consultation by the undertaker with the relevant planning authority, local highway authority, lead local flood authority, the Environment Agency and Natural England to the extent that the content of the EMP (Second Iteration) relates to matters relevant to their functions.

(2) The EMP (Second Iteration) for a part must be written in accordance with ISO14001 and so far as is relevant to that part of the authorised development, must reflect the mitigation measures required by the REAC and set out in the environmental statement and must include as many of the following plans and strategies as are applicable to the part of the authorised development to which it relates—

(a) Site waste management plan;

(b) Materials management plan;

(c) Soil handling management plan;

(d) Construction noise and dust management plan;

(e) Construction communication strategy;

(f) Landscape and ecology management plan;

(g) Biosecurity management plan;

(h) Water monitoring and management plan;

(i) Detailed heritage Written Scheme of Investigation;

(j) Temporary surface water drainage strategy;

(k) INNS management plan; and

(l) Operational UXO emergency plan.

(3) The relevant part of the authorised development must be constructed in accordance with the approved EMP (Second Iteration).

(4) On completion of construction of each part of the authorised development the EMP (Third Iteration) relating to that part must be submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority and the relevant local highway authority to the extent that the content of the EMP (Third Iteration) relates to matters relevant to their functions.

(5) The relevant part of the authorised development must be operated and maintained in accordance with the EMP (Third Iteration).

Commencement Information

I5 Sch. 2 para. 4 in force at 2.9.2022, see art. 1

Landscaping E+W+S

5.—(1) The authorised development must be landscaped in accordance with a landscaping scheme which sets out details of all proposed hard and soft landscaping works and which has been submitted to and approved in writing by the Secretary of State, following consultation with—

(a) the relevant planning authority; and

(b) Natural England.

(2) The landscaping scheme must reflect the mitigation measures set out in the REAC and must be based on the environmental masterplan.

(3) The landscaping scheme prepared under sub-paragraph (1) must include details of—

(a) location, number, species mix, size and planting density of any proposed planting;

(b) cultivation, importing of materials and other operations to ensure plant establishment;

(c) existing trees to be retained, with measures for their protection during the construction period;

(d) proposed finished ground levels;

(e) implementation timetables for all landscaping works; and

(f) measures for the replacement, in the first available planting season, of any tree or shrub planted as part of the landscaping scheme that, within a period of 5 years after the completion of the part of the authorised development to which the relevant landscaping scheme relates, dies, becomes seriously diseased or is seriously damaged.

(4) All landscaping works must be carried out to a reasonable standard in accordance with the relevant recommendations of appropriate British Standards or other more suitable recognised codes of good practice, provided these meet or exceed the appropriate British Standards.

Commencement Information

I6 Sch. 2 para. 5 in force at 2.9.2022, see art. 1

Contaminated land and groundwater E+W+S

6.—(1) In the event that contaminated land, including groundwater, is found at any time when carrying out the authorised development which was not previously identified in the environmental statement, it must be reported as soon as reasonably practicable to the Secretary of State, the relevant planning authority and the Environment Agency, and the undertaker must complete a risk assessment of the contamination in consultation with the relevant planning authority and the Environment Agency.

(2) Where the risk assessment prepared in accordance with sub-paragraph (1) determines that remediation of the contaminated land is necessary, a written scheme and programme for the remedial measures to be taken to render the land fit for its intended purpose and to prevent any impacts on controlled waters must be submitted to and approved in writing by the Secretary of State, following consultation by the undertaker with the relevant planning authority on matters related to its function and the Environment Agency.

(3) Remediation must be carried out in accordance with the approved scheme.

Commencement Information

I7 Sch. 2 para. 6 in force at 2.9.2022, see art. 1

Protected species E+W+S

7.—(1) No part of the authorised development is to commence until, for that part, final preconstruction survey work has been carried out to establish whether European or nationally protected species are present on any of the land affected or likely to be affected by that part of the relevant works, or in any of the trees and shrubs to be lopped or felled as part of the relevant works.

(2) Following pre-construction survey work or at any time when carrying out the authorised development, where—

(a) a protected species is shown to be present, or where there is a reasonable likelihood of it being present;

(b) application of the relevant assessment methods used in the environmental statement show that a significant effect is likely to occur which was not previously identified in the environmental statement; and

(c) that effect is not addressed by any prior approved scheme of protection and mitigation established in accordance with this paragraph,

the relevant parts of the relevant works must cease until a scheme of protection and mitigation measures has been submitted to and approved in writing by the Secretary of State.

(3) The undertaker must consult with Natural England on the scheme referred to in subparagraph (2) prior to submission to the Secretary of State for approval, except where a suitably qualified and experienced ecologist, holding where relevant and appropriate a licence relating to the species in question, determines that the relevant works do not require a protected species licence.

(4) The relevant works under sub-paragraph (2) must be carried out in accordance with the approved scheme, unless otherwise agreed by the Secretary of State after consultation by the undertaker with Natural England, and under any necessary licences.

Commencement Information

I8 Sch. 2 para. 7 in force at 2.9.2022, see art. 1

Surface water drainage E+W+S

8.—(1) No part of the authorised development, except for the ecological works, is to commence until, for that part, written details of the surface water drainage system, reflecting the drainage strategy and the mitigation measures set out in the REAC including means of pollution control, have been submitted and approved in writing by the Secretary of State following consultation by the undertaker with the lead local flood authority, IDB and the Environment Agency on matters related to their functions.

(2) The surface water drainage system must be constructed in accordance with the approved details, unless otherwise agreed in writing by the Secretary of State following consultation by the undertaker with the lead local flood authority, IDB and the Environment Agency on matters related to its function, provided that the Secretary of State is satisfied that any amendments to the approved details would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

Commencement Information

I9 Sch. 2 para. 8 in force at 2.9.2022, see art. 1

Archaeological remains E+W+S

9.—(1) No part of the authorised development, is to commence until, for that part, a written scheme of investigation of areas of archaeological interest, reflecting the relevant mitigation measures set out in the REAC, has been submitted to and approved in writing by the Secretary of State, following consultation by the undertaker with the relevant planning authority, Norfolk County Council Historic Strategy and Advice Team and Historic England on matters related to their functions.

(2) The authorised development must be carried out in accordance with the scheme referred to in sub-paragraph (1).

Commencement Information

I10 Sch. 2 para. 9 in force at 2.9.2022, see art. 1

Traffic management E+W+S

10.—(1) No part of the authorised development comprising the construction, alteration or improvement of Work No. 1 is to commence until a traffic management plan substantially in accordance with the outline traffic management plan, for that part has been submitted to and approved in writing by the Secretary of State, following consultation by the undertaker with the relevant highway authority on matters related to its function.

(2) The authorised development must be implemented in accordance with the traffic management plan referred to in sub-paragraph (1).

Commencement Information

I11 Sch. 2 para. 10 in force at 2.9.2022, see art. 1

Fencing E+W+S

11.  Any permanent and temporary fencing and other means of enclosure for the authorised development must be constructed and installed in accordance with Manual of Contract Documents for Highway Works maintained by or on behalf of the undertaker except where any departures from that manual are agreed in writing by the Secretary of State in connection with the authorised development.

Commencement Information

I12 Sch. 2 para. 11 in force at 2.9.2022, see art. 1

Ecological works E+W+S

12.—(1) No part of the ecological works is to commence until the siting, design, method of construction and timetable for delivery of the new ponds and ditches to be included within Work Nos. 56 and 97 have been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority and Natural England.

(2) The construction of the ponds and ditches forming part of the ecological works must thereafter be carried out in accordance with the approved details.

Commencement Information

I13 Sch. 2 para. 12 in force at 2.9.2022, see art. 1

Ørsted works E+W+S

13.—(1) No part of Work No. 94 is to commence without the written approval of Ørsted and all works must be carried out in accordance with requirements 10, 17, 18 and 22 in Schedule 1 Part 3 of the Hornsea Three Order.

Commencement Information

I14 Sch. 2 para. 13 in force at 2.9.2022, see art. 1

Approvals and amendments to approved details E+W+S

14.  With respect to any requirement which requires the authorised development to be carried out in accordance with the details or schemes approved under this Schedule, the approved details or schemes are taken to include any amendments that may subsequently be approved in writing by the Secretary of State.

Commencement Information

I15 Sch. 2 para. 14 in force at 2.9.2022, see art. 1

PART 2 E+W+S PROCEDURE FOR DISCHARGE OF REQUIREMENTS

Applications made under requirements E+W+S

15.—(1) Where an application has been made to the Secretary of State for any consent, agreement or approval required by a requirement (including consent, agreement or approval in respect of part of a requirement) included in this Order, the Secretary of State must give notice to the undertaker of the decision on the application within a period of 8 weeks beginning with—

(a) the day immediately following that on which the application is received by the Secretary of State;

(b) the day immediately following that on which further information has been supplied by the undertaker under paragraph 15 (further information); or

(c) such longer period as may be agreed between the parties.

(2) Subject to sub-paragraph (3), in the event that the Secretary of State does not determine an application within the period set out in sub-paragraph (1), the Secretary of State is taken to have granted all parts of the application (without any condition or qualification) at the end of that period.

(3) Where—

(a) an application has been made to the Secretary of State for any consent, agreement or approval required by a requirement included in this Order;

(b) the Secretary of State does not determine such application within the period set out in sub-paragraph (1); and

(c) the application is accompanied by a report from a body required to be consulted by the undertaker under the requirement that considers it likely that the subject matter of the application would give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement,

the application is taken to have been refused by the Secretary of State at the end of that period.

Commencement Information

I16 Sch. 2 para. 15 in force at 2.9.2022, see art. 1

Further information E+W+S

16.—(1) In relation to any part of an application made under this Schedule, the Secretary of State has the right to request such further information from the undertaker as is necessary to enable the Secretary of State to consider the application.

(2) In the event that the Secretary of State considers such further information to be necessary the Secretary of State must, within 21 business days of receipt of the application, notify the undertaker in writing specifying the further information required and (if applicable) to which part of the application it relates.

(3) In the event that the Secretary of State does not give such notification within that 21 day business period the Secretary of State is deemed to have sufficient information to consider the application and is not subsequently entitled to request further information without the prior agreement of the undertaker.

(4) 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 14 (applications made under requirements) and in this paragraph.

(5) In this paragraph, “business day” means a day other than Saturday or Sunday, which is not Christmas Day, Good Friday or a bank holiday under section 1 (bank holidays) of the Banking and Financial Dealings Act 1971(6).

Commencement Information

I17 Sch. 2 para. 16 in force at 2.9.2022, see art. 1

Register of requirements E+W+S

17.—(1) The undertaker must, as soon as practicable following the making of this Order, establish and maintain in an electronic form suitable for inspection by members of the public a register of those requirements contained in Part 1 of this Schedule that provide for further approvals to be given by the Secretary of State.

(2) The register must set out in relation to each such requirement the status of the requirement, in terms of whether any approval to be given by the Secretary of State has been applied for or given, providing an electronic link to any document containing any approved details.

(3) The register must be maintained by the undertaker for a period of 3 years following completion of the authorised development.

Commencement Information

I18 Sch. 2 para. 17 in force at 2.9.2022, see art. 1

Anticipatory steps towards compliance with any requirement E+W+S

18.  If before the coming into force of this Order the undertaker or any other person has taken any steps that were intended to be steps towards compliance with any provision of Part 1 of this Schedule, those steps may be taken into account for the purpose of determining compliance with that provision if they would have been valid steps for that purpose had they been taken after this Order came into force.

Commencement Information

I19 Sch. 2 para. 18 in force at 2.9.2022, see art. 1

Details of consultation E+W+S

19.  In relation to any provision of this Schedule requiring details to be submitted to the Secretary of State for approval following consultation by the undertaker with another party, the undertaker must provide such other party with not less than 15 business days for any response to the consultation and thereafter the details submitted to the Secretary of State for approval must be accompanied by a summary report setting out the consultation undertaken by the undertaker to inform the details submitted and the undertaker’s response to that consultation.

Commencement Information

I20 Sch. 2 para. 19 in force at 2.9.2022, see art. 1

Articles 12 and 18

SCHEDULE 3 E+W+S CLASSIFICATIONS OF ROADS, ETC.

PART 1 E+W+S TRUNK ROADS

Commencement Information

I21 Sch. 3 Pt. 1 in force at 2.9.2022, see art. 1

(1) Area	(2) Length of road
The classification of roads plans – sheets 1-2, 4-9 and 11-16
North Tuddenham Parish Hockering Parish East Tuddenham Parish Honingham Parish Easton Parish	A 9.169 kilometre length of new highway to be classified as part of the A47 Trunk Road. On the eastbound carriageway from point A 368 metres east of the centreline of the Fox Lane overbridge in an easterly direction to point B (sheet 16) for a distance of 9.169 kilometres. On the westbound carriageway from point C 368 metres east of the centreline of the Fox Lane overbridge in an easterly direction to point D (sheet 16) for a distance of 9.169 kilometres.
The classification of roads plans – sheet 7
East Tuddenham Parish Honingham Parish	New eastbound diverge slip road A 794 metre length of carriageway to be classified as part of the A47 Trunk Road from point U 132 metres east of the centreline of the Church Lane junction in a north-easterly direction to point V (sheet 10).
The classification of roads plans – sheet 8
East Tuddenham Parish	New westbound merge slip road A 644 metre length of carriage way to be classified as part of the A47 Trunk Road from point W 285 metres east of the centreline of the Church Lane junction in a south-easterly direction to point X (sheet 9) a distance of 644 metres.
The classification of roads plans – sheet 9
East Tuddenham Parish Honingham Parish	New westbound diverge slip road A 664 metre length of carriageway to be classified as part of the A47 Trunk Road from point AI 693 metres north west of the River Tud in an easterly direction to point AJ (sheet 11).
The classification of roads plans – sheet 10
Honingham Parish	New eastbound merge slip road A 609 metre length of carriageway to be classified as part of the A47 Trunk Road from point AG 185 metres north of the junction of the B1535 with the existing A47 in an easterly direction to point AH (sheet 11).
The classification of roads plans – sheet 13
Honingham Parish	New eastbound diverge slip road A 707 metre length of new carriageway to be classified as part of the A47 mainline dual carriageway from point AS 233 metres east of the centrepoint of the roundabout with Norwich Road in a south-easterly direction to point AT (sheet 14).
Honingham Parish	New westbound merge slip road A 763 metre length of carriageway to be classified as part of the A47 Trunk Road from point AQ 223 metres east of the centrepoint of the roundabout with Norwich Road in a south-easterly direction to point AR (sheet 14).
The classification of roads plans – sheet 15
Honingham Parish Easton Parish	New eastbound merge slip road A 716 metre length of carriageway to be classified as part of the A47 Trunk Road from point BB 403m west of the centrepoint of the A47 roundabout with Dereham Road in an westerly direction to point BA (sheet 14).
Honingham Parish Easton Parish	New westbound diverge slip road A 620 metre length of carriageway to be classified as part of the A47 Trunk Road from point BD 518m west of the centrepoint of the A47 roundabout with Dereham Road in an westerly direction to point BC (sheet 14).

PART 2 E+W+S CLASSIFIED B ROADS

Commencement Information

I22 Sch. 3 Pt. 2 in force at 2.9.2022, see art. 1

(1) Area	(2) Length of road
The classification of roads plans – sheet 9
East Tuddenham Parish	New roundabout to be classified as B Road with reference AB, 980 metres east of the centreline of the existing A47/Church Lane junction with the existing A47.
The classification of roads plans – sheet 10
East Tuddenham Parish	New roundabout to be classified as B Road with reference AA, 990 metres east of the centreline of the existing A47/Church Lane junction.
East Tuddenham Parish Honingham Parish	New roundabout connector road A 111 metre length of carriageway to be classified as B Road from point AC, 953 metres east of the centreline of the existing A47/Church Lane junction, in a south-easterly direction to point AD (sheet 9).
East Tuddenham Parish	Link to Wood Lane A 305 metre length of new carriageway to be classed as B Road from point S, 145 metres west of the centrepoint of the proposed Wood Lane junction northern roundabout, in a northern direction to point T.
East Tuddenham Parish	Link Road to existing A47 A 95 metre length of new carriageway to be classed as B Road from point R1 at the junction with the proposed link to Wood Lane, in an easterly direction to point R.
The classification of roads plans – sheet 14
Honingham Parish	New roundabout to be classified as B Road with reference AY, the centrepoint of the roundabout is 118 metres east of the centreline of Blind Lane.
Honingham Parish	New roundabout to be classified as B Road with reference AZ, the centrepoint of the roundabout is 103 metres east of the centreline of Blind Lane.
Honingham Parish	New roundabout connector road A 144 metre length of carriageway to be classified as B Road from point AX 82 metres east of the centreline of Blind Lane in a northerly direction to point AW.

PART 2A E+W+S CLASSIFIED C ROADS

Commencement Information

I23 Sch. 3 Pt. 2A in force at 2.9.2022, see art. 1

(1) Area	(2) Length of road
The classification of roads plans – sheet 1
North Tuddenham Parish Hockering Parish	Link Road to existing A47 A 1154 metre length of new carriageway to be classed as C Road. From point G 493 metres east of the Fox Lane overbridge in an easterly direction to point H (sheet 4).
The classification of roads plans – sheet 2
North Tuddenham Parish Hockering Parish	Link to B1147 (Lyng Road) A 168 metre length of new carriageway to be classified as C Road from point E at the north side of the existing pond between the B1147 and the existing A47, in a southerly direction to point F on the B1147.
The classification of roads plans – sheet 4
East Tuddenham Parish Hockering Parish	Existing A47 A 2090 metre length of de-trunked carriageway to be classed as C Road from point H 140 metres north west of the Matishall Lane Link Road junction in a south easterly direction to point Q (sheet 7).
Hockering Parish	Proposed Mattishall Lane Link Road A 471 metre length of new carriageway to be classified as C Road from point L, 160 metres north west of the centreline of the existing A47 / Mattishall Lane junction, in a south westerly direction to point K.
The classification of roads plans – sheet 7
East Tuddenham Parish	Link Road to existing A47 A 820 metre length of new carriageway to be classed as C Road from point Q, 12.5 metres east of the centreline of the existing A47/Church Lane junction, in an easterly direction to point R1 (sheet 10).
The classification of roads plans – sheet 9
Honingham Parish	Link to Dereham Road A 266 metre length of new carriageway to be classified as C Road from point AM, 269 metres south east of the centreline of the existing A47 / Berrys Lane junction, in a south then south easterly direction to point AN.
East Tuddenham Parish Honingham Parish	Link Road to existing A47 A 1680 metre length of new carriageway to be classed as C Road from point AK 38 metres south of the existing A47/Berrys Lane junction in an south easterly direction to point AL (sheet 13).
The classification of roads plans – sheet 13
Honingham Parish	Link to Norwich Road A 1029 metre length of new carriageway to be classified as C Road from point AE, 46 metres east of the centrepoint of the Honingham roundabout in a south easterly direction to point AF (sheet 14).
Honingham Parish	Existing roundabout to be classified as C Road with reference BI the centrepoint of the roundabout is 375 metres west of the access to St Andrew’s Church.
The classification of roads plans – sheet 14
Honingham Parish	Link to Taverham Road A 247 metre length of new carriageway to be classified as C Road from point AU, 29 metres south of the access to Church House Farm in a south easterly direction to point AV.
Honingham Parish Easton Parish	Link to Dereham Road A 1264 metre length of new carriageway to be classified as C Road from point BE, 29 metres south east of the centrepoint of the proposed Norwich Road junction southern roundabout in an easterly direction to point BF (sheet 16).
The classification of roads plans – sheet 17
Easton Parish	Realignment of Rotten Row A 55 metre length of new carriageway to be classified as C Road from point BG, 55 metres west of the centreline of the Rotten Row / Church Lane junction to point BH.

PART 3 E+W+S UNCLASSIFIED ROADS

Commencement Information

I24 Sch. 3 Pt. 3 in force at 2.9.2022, see art. 1

(1) Area	(2) Length of road
The classification of roads plans – sheet 4
Hockering Parish	Existing A47 west of Hockering junction A 71 metre length of carriageway to be unclassified from point M, at the existing Mattishall Lane / A47 junction, in a south westerly direction to point N.
Hockering Parish	Link from Mattishall Lane Link Road to existing Mattishall Lane A 158 metre length of carriageway from point I, at junction with Mattishall Lane Link Road 330m south of junction with existing A47 in an easterly direction to point J.
The classification of roads plans – sheets 13
Honingham Parish	Existing A47 to Taverham Road A 444 metre length of existing carriageway to be unclassified from point AO, at the access next to St Andrew’s Church, in an eastern direction to point AP (sheet 14).

PART 4 E+W+S SPEED LIMITS

Commencement Information

I25 Sch. 3 Pt. 4 in force at 2.9.2022, see art. 1

Note: where speed limits are indicated on the plans relating to this Part (the traffic regulation plans) but are not referenced in this schedule they indicate that national speed limits apply in accordance with either:

(a) the national speed limit set out in—

(i) Section 86 (speed limits for particular classes of vehicles) of, and Schedule 6 (speed limits for particular classes of vehicles) to the 1984 Act; and

(ii) the 70 miles per hour, 60 miles per hour and 50 miles per hour (Temporary Speed Limit) Order 1977 as varied by the 70 miles per hour, 60 miles per hour and 50 miles per hour (Temporary Speed Limit) (Variation) Order 1978 and continued indefinitely by Regulation 2 of the 70 Miles Per Hour, 60 Miles Per Hour and 50 Miles Per Hour (Temporary Speed Limit) (Continuation) Order 1978 (S.I. 1978/1548)(7); or

(b) sections 81 and 82 of the Road Traffic Regulation Act 1984 (which defines speed limits on ‘restricted roads’ by reference to street lighting),

and are not subject to this order. For details of the scheme lighting design, refer to the general arrangement plans.

(1) Parish		(2) Road name, number and length		(3) Speed Limit
The traffic regulation plans – sheet 1
North Tuddenham Parish Hockering Parish	Proposed Unnamed Road linking to existing A47 From point E, 26m west of the Fox Lane overbridge in an eastern direction to point F (sheet 4) a distance of 1699m.		50 miles per hour
The traffic regulation plans – sheet 2
North Tuddenham Parish Hockering Parish	Unnamed Road which leads to Stone Road From point AY, at junction with proposed new road 760m east of junction with Hall Lane in a northern direction to point AZ, for a distance of 168m.		50 miles per hour
The traffic regulation plans – sheet 4
Hockering Parish	Low Road From point BB, at the junction with the existing A47 in a southern direction to point BA a distance of 23m. (To be used as Field Access).		50 miles per hour
Hockering Parish	Proposed Mattishall Lane Link Road From point BD, at junction with existing A47 260m west of junction with The Street in a south-western direction to point BC for a distance of 471m.		60 miles per hour
Hockering Parish	Mattishall Lane From point BF, at junction with Mattishall Lane Link Road 330m south of junction with existing A47 in an easterly direction to point BE for a distance of 110m.		60 miles per hour
Hockering Parish	Mattishall Lane From point BH, at the junction with the existing A47 100m northwest of The Street, in a southwestern direction to point BG a distance of 71m.		50 miles per hour
The traffic regulation plans – sheet 7
East Tuddenham Parish Honingham Parish	Proposed Unnamed Road From point G, at the crossroads with Church Lane and Sandy Lane in an eastern direction to point H (sheet 10) at the give way line for the northern roundabout of the proposed A47 Wood Lane Junction a distance of 916m.		50 miles per hour
The traffic regulation plans – sheet 9
Honingham Parish	Proposed Link to Dereham Road From point Z, at junction with the existing A47 in an southern direction to point AA 295m west of junction with Dereham Road a distance of 243m.		30 miles per hour
East Tuddenham Parish Honingham Parish	Existing A47 From point X, at the exit from the southern roundabout of the proposed A47 Wood Lane junction in an eastern direction to point Y (sheet 13) the centre point of the existing Honingham roundabout a distance of 1664m.		Removal of restricted road status 50 miles per hour
The traffic regulation plans – sheet 10
East Tuddenham Parish	Wood Lane From point BJ, at junction with new link road in a northern direction to point BK 1250m south of junction with Broadway a distance of 305m.		50 miles per hour
The traffic regulation plans – sheet 13
Honingham Parish	Proposed Unnamed Road From point AB, at the centrepoint of existing Honingham roundabout in an eastern direction to point AC (sheet 14) at give way line of Proposed Norwich Road Junction southern roundabout a distance of 1049m.		Removal of restricted road status 50 miles per hour
The traffic regulation plans – sheet 14
Honingham Parish	Existing A47 Road From point AE, at junction with Taverham Road in a western direction to point AD (sheet 13) a distance of 411m.		30 miles per hour
Honingham Parish	Taverham Road From point AG, at new roundabout at Wood Lane Junction in a northern direction to point AF 1565m south of junction with Weston Road a distance of 243m.		30 miles per hour
Honingham Parish Easton Parish	Proposed Link to Dereham Road From point AS, at exit from Proposed “Norwich Road Junction” southern roundabout in an eastern direction to point AT (sheet 16) 335m west of junction with Ringland Lane a distance of 1264m.		Removal of restricted road status 50 miles per hour
The traffic regulation plans – sheet 17
East Tuddenham Parish	Widened section of Rotten Row and Church Lane junction From point AW, at the junction to point AX a distance of 44 metres.		60 miles per hour

PART 5 E+W+S REVOCATIONS & VARIATIONS OF EXISTING TRAFFIC REGULATION ORDERS

Commencement Information

I26 Sch. 3 Pt. 5 in force at 2.9.2022, see art. 1

(1) Parish	(2) Road name, number and length			(3) Title of Order	(4) Revocations or Variations
The traffic regulation plans – sheet 1
North Tuddenham Parish Hockering Parish East Tuddenham Parish Honingham Parish Easton Parish		Existing A47 From point I to points B and D, a length of 8302 metres	The A47 Trunk Road (Wansford, City of Peterborough to Great Yarmouth) (24 Hour Clearway) Order 2013		Revocation of clearway along existing A47 from point I to points B and D (sheet 16).

PART 6 E+W+S FOOTPATHS, CYCLE TRACKS, FOOTWAYS AND BRIDLEWAYS

Commencement Information

I27 Sch. 3 Pt. 6 in force at 2.9.2022, see art. 1

(1) Parish		(2) Length of Footpath/Cycle track/Footway/Bridleway
The rights of way and access plans – sheet 2
North Tuddenham Parish Hockering Parish	Reference CF27 to CF28 A cycletrack in the verge on the northern side of the Link Road to the Existing A47 and western side of Lyng Road from point CF27 to CF28, a distance of 95 metres.
North Tuddenham Parish Hockering Parish	Reference CF29 to CF30 (sheet 4) A cycletrack in the verge on the eastern side of Lyng Road and northern side of the Link Road to the Existing A47 from point CF29 to CF30, a distance of 691 metres.
The rights of way and access plans – sheet 4
Hockering Parish	Reference CF31 to CF32 A cycletrack in the verge on the northern side of the Link Road to the Existing A47 from point CF31 to CF32, a distance of 30 metres.
Hockering Parish	Reference CF33 to CF34 A cycletrack in the verge on the eastern side of the Mattishall Lane Link Road from point CF33 to CF34, a distance of 105 metres.
Hockering Parish	Reference CF35 to CF36 A cycletrack in the verge on the eastern side of the Mattishall Lane Link Road, along the existing A47 and the western verge of Mattishall Lane from point CF35 to CF36, a distance of 480 metres.
Hockering Parish	Reference CF37 to CF38 . A cycletrack in the verge on the southern side of the existing A47 from point CF37 to CF38, a distance of 101.6 metres.
The rights of way and access plans – sheet 6
Hockering Parish	Reference A13 to A14 A footpath from point A13 on Honingham FP8 and point A14 on Honingham FP7, a distance of 23 metres.
The rights of way and access plans – sheet 7
East Tuddenham Parish	Reference CF41 to CF42 (sheet 10) A cycletrack in the verge on the northern side of the Link Road from the existing A47 and the western side of the Link to Wood Lane from point CF41 to CF42, a distance of 844 metres.
The rights of way and access plans – sheet 9
Honingham Parish	Reference CF7 to CF8 A cycle track in the verge on the southern side of Dereham Road from point CF7 to CF8, a distance of 66 metres.
Honingham Parish	Reference CF9 to CF9A A cycle track in the verge on the eastern side of Dereham Road from point CF9 in a northerly direction to meet the existing A47 and then in the verge on the southern side of the existing A47 in an easterly direction to a point CF9A, a distance of 260 metres.
Honingham Parish	Reference CF9A to CF10 (sheet 11) A restricted byway in the verge from point CF9A on the southern side of the existing A47 in an easterly direction to a point CF10, a distance of 159 metres.
East Tuddenham Parish Honingham Parish	Reference CF25 to CF26 A bridleway from a point CF25 on Dereham Road in a westerly direction to a point CF26 on Blind Lane, a distance of 284 metres
The rights of way and access plans – sheet 10
East Tuddenham Parish Honingham Parish	Reference A38 to CF2a A restricted byway running from the existing restricted byway, Honingham RB1 to the new restricted byway at point CF2a, a distance of 175 metres
East Tuddenham Parish Honingham Parish	Reference CF1 to CF2a A cycle track from the realigned B1535 Wood Lane from point CF1 to a point CF2a, to the east of the proposed Norwich Western Link road, a distance of 264 metres
Honingham Parish	Reference CF2a to CF2 (sheet 11) A restricted byway from the connection with the diverted Honingham RB1 at point CF2a in a south easterly direction to the western side of the Hall Farm access track and then in a southern direction to point CF2, a distance of 815 metres.
The rights of way and access plans – sheet 11
Honingham Parish	Reference CF3 to CF4 (sheet 13) A cycle track in the verge on the northern side of the existing A47 from point CF3 in a south easterly direction to a point CF4, a distance of 862 metres.
The rights of way and access plans – sheets 12
Honingham Parish	Reference CF5 to CF6 (sheet 13) A cycle track in the verge on the northern side of the existing A47 from point CF5 to a point CF6 at Honingham roundabout, a distance of 257 metres.
The rights of way and access plans – sheet 13
Honingham Parish	Reference CF11 to CF12 A cycle track from point CF11 at Honingham roundabout in a south easterly direction to the Honingham underpass, a north easterly direction through the underpass and then in south easterly direction to a point CF12 west of St Andrew’s Church, a distance of 368 metres.
Honingham Parish	Reference CF13 to CF14 A cycle track in the verge on the northern side of the existing A47 from point CF13 south of St Andrew’s Church in an easterly direction to a point CF14, a distance of 19 metres.
Honingham Parish	Reference CF15 to CF16 (sheet 14) A cycle track in the verge on the northern side of the existing A47 from point CF15 south of St Andrew’s Church in an easterly direction to a point CF16, a distance of 186 metres.
The rights of way and access plans – sheet 14
Honingham Parish	Reference CF17 to CF18 A cycle track in the verge on the northern side of the existing A47 from a point CF17 south west of Church House Farm in an easterly direction to a point CF18 on Taverham Road, a distance of 172 metres.
Honingham Parish Easton Parish	Reference CF19 to CF20 (sheet 16) A cycle track from a point CF19 in the verge on the northern side of Taverham road in a south easterly direction to point C37 where it separates from Taverham road and continues in an easterly direction to a point CF20 at Ringland Lane, a distance of 1670 metres.
The rights of way and access plans – sheet 16
Easton Parish	Reference CF21 to CF22 A cycle track from a point CF21 on the cycle track between Taverham Road and Ringland Lane (CF19 to CF20) over the new Easton footbridge to a point CF22 on Dereham Road, a distance of 427 metres.
Easton Parish	Reference CF23 to CF24 A footpath from a point CF23 on the cycle track between Taverham Road and Ringland Lane (CF19 to CF20) to the base of the new Easton footbridge at point CF24, a distance of 69 metres.

PART 7 E+W+S ROADS TO BE DE-TRUNKED

Commencement Information

I28 Sch. 3 Pt. 7 in force at 2.9.2022, see art. 1

(1) Parish	(2) Length of Road
The de-trunking plans – sheets 4, 5, 6, 7 & 8
East Tuddenham Parish Hockering	A length of 2283 metres of the A47 Trunk Road from point A 303 metres north west of the centreline of the existing Mattishall Lane / existing A47 junction to point B.
The de-trunking plans – sheets 9, 11, 12 & 13
Honingham Parish	A length of 1700 metres of the A47 Trunk Road from point C 174 metres south east of the centreline of the Berrys Lane / existing A47 junction, to point D.
The de-trunking plans – sheet 13
Honingham Parish	A length of 948 metres of the A47 Trunk Road from point E 70 metres west of the access to St Andrew’s Church, to point F (sheet 14).
The de-trunking plans – sheet 15
Easton Parish Honingham Parish	A length of 708 metres of the A47 Trunk Road from point G 683 metres west of the centrepoint of the existing A47 / Church Lane roundabout, to point H (sheet 16).
The de-trunking plans – sheet 16
Easton Parish	A length of 39 metres of the A47 Trunk Road from point I 23 metres north of the centrepoint of the existing A47 / Church Lane roundabout, to point J.

PART 8 E+W+S TRAFFIC REGULATION MEASURES (CLEARWAYS AND PROHIBITIONS)

Commencement Information

I29 Sch. 3 Pt. 8 in force at 2.9.2022, see art. 1

(1) Parish	(2) Road name, number and length	(3) Measures
The traffic regulation plans – sheets 1 to 16
East Tuddenham Parish Hockering Parish Honingham Parish Easton Parish	A47 Trunk Road eastbound from point A to point B (sheet 16) a distance of 8470 metres.	Clearway (including verges, hardshoulders).
East Tuddenham Parish Hockering Parish Honingham Parish Easton Parish	A47 Trunk Road westbound from point C to point D (sheet 16) a distance of 8470 metres.	Clearway (including verges, hardshoulders).
The traffic regulation plans – sheet 5
Hockering Parish	Layby on the A47 westbound reference point AU, 142 metres east of Mill Lane	Proposed waiting time restriction.
Hockering Parish	Layby on the A47 eastbound reference point AV, 298 metres east of Mill Lane	Proposed waiting time restriction.
The traffic regulation plans – sheet 8
East Tuddenham Parish Honingham Parish	A47 Trunk Road eastbound diverge slip road from point J to point K (sheet 10) a distance of 708 metres.	Clearway (including verges, hardshoulders).
East Tuddenham Parish Honingham Parish	A47 Trunk Road westbound merge slip road from point T to point U (sheet 9) a distance of 541 metres.	Clearway (including verges, hardshoulders).
The traffic regulation plans – sheet 9
East Tuddenham Parish Honingham Parish	A47 Trunk Road westbound diverge from point V to point W (sheet 11) a distance of 536 metres.	Clearway (including verges, hardshoulders).
The traffic regulation plans – sheet 10
East Tuddenham Parish Honingham Parish	A47 Trunk Road eastbound merge from point P to point Q (sheet 11) a distance of 514 metres.	Clearway (including verges, hardshoulders).
The traffic regulation plans – sheet 13
Honingham Parish	A47 Trunk Road eastbound diverge slip road from point AH to point AI (sheet 14) a distance of 617 metres.	Clearway (including verges, hardshoulders).
Honingham Parish	A47 Trunk Road westbound merge slip road from point AN to point AO (sheet 14) a distance of 663 metres.	Clearway (including verges, hardshoulders).
The traffic regulation plans – sheet 14
Honingham Parish	A47 Trunk Road eastbound merge from point AL to point AM (sheet 15) a distance of 595 metres.	Clearway (including verges, hardshoulders).
The traffic regulation plans – sheet 15
Honingham Parish	A47 Trunk Road westbound diverge from point AR to point AQ (sheet 14) a distance of 593 metres.	Clearway (including verges, hardshoulders).
Honingham Parish	Layby on the A47 eastbound reference point AP, 125 metres west of the Easton footbridge	Proposed waiting time restriction.

Articles 16 and 27

SCHEDULE 4 E+W+S

PERMANENT STOPPING UP OF HIGHWAYS AND PRIVATE MEANS OF ACCESS & PROVISION OF NEW HIGHWAYS AND PRIVATE MEANS OF ACCESS E+W+S

In relating this Schedule to the rights of way and access plans, the provisions described in this Schedule are shown on the rights of way and access plans in the following manner—

(a) Existing highways are to be stopped up, as described in column (2) of Parts 1 and 2 of this Schedule, are shown by blue diagonal hatching (as shown in the key on the rights of way and access plans) over the extent of the area to be stopped up, which is described in column (3) of Parts 1 and 2 of this Schedule and given a reference label in a square box (a capital A followed by a number).

(b) New highways which are to be substituted for a highway to be stopped up (or which are otherwise to be provided), as are included in column (4) of Part 2 of this Schedule, are shown by—

(i) red honeycomb-hatching (for motorways and trunk roads),

(ii) yellow cross-hatching (for other classified roads and highways),

(iii) green vertical hatching (for cycle tracks and restricted byways),

(iv) a green dashed line (for public rights of way),

(as shown in the key on the rights of way and access plans) and are given a reference label in a square (D for new highway and CF for new public rights of way and cycle tracks to be substituted or provided) and will be a road unless the word ‘footpath’, ‘bridleway’, ‘footway’ or ‘cycle track’ appears beneath its reference letter in column (4) of Part 2 of this Schedule.

(c) Private means of access to be stopped up, as described in column (2) of Parts 3 and 4 of this Schedule, are shown by solid lime green shading (as shown in the key on the rights of way and access plans) over the extent of stopping up described in column (3) of Parts 3 and 4 of this Schedule, and are given a reference label in a square (a capital B followed by a number).

(d) New private means of access to be substituted for a private means of access to be stopped up (or which are otherwise to be provided), as are included in column (4) of Part 3 of this Schedule, are shown by red diagonal hatching (as shown in the key on the rights of way and access plans) and are given a reference label in a square (a capital C followed by a number).

PART 1 E+W+S HIGHWAYS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

Commencement Information

I30 Sch. 4 Pt. 1n2 in force at 2.9.2022, see art. 1

(1) Area	(2) Highway to be stopped up	(3) Extent of stopping up
The rights of way and access plans – sheet 2
Norfolk County Council Hockering Parish	Reference A36 to A37 Hockering FP12	Reference A36 to A37 public footpath to be stopped up from a point A36 from the existing A47 in a southern direction to a point A37, a distance of 16m.
Norfolk County Council North Tuddenham Parish	Reference A42 to A43 Part of a cycle track	Reference A42 to A43 From point A42 located on the existing Lyng Road in a south easterly direction to point A43 a distance of 28 metres.
Norfolk County Council North Tuddenham Parish	Reference A44 to A45 Part of a cycle track	Reference A44 to A45 From point A44 located 52 metres west of the existing Lyng Road in a south easterly direction to point A45 a distance of 15 metres.
Norfolk County Council North Tuddenham Parish	Reference A46 to A47 Part of a cycle track	Reference A46 to A47 From point A46 located 37 metres north of the existing A47 in a southerly direction to point A47 a distance of 11 metres.
The rights of way and access plans – sheet 6
Norfolk County Council Hockering Parish	Reference A10 to A11 Part of Hockering FP7	Reference A10 to A11 Public footpath to be stopped up from point A10, 79 metres south of the access to Newgate House in a southern direction to point A11, a distance of 34 metres.
Norfolk County Council Hockering Parish	Reference A11 to A12 Part of Hockering FP7	Reference A11 to A12 Public footpath to be stopped up from point A11 in a westerly direction a distance of 95 metres to point A12.
The rights of way and access plans – sheet 7
Norfolk County Council East Tuddenham Parish	Reference A15 to A16 on Church Lane	Reference A15 to A16 Highway to be stopped up from point A15, at junction on existing A47 in a southern direction 125 metres to point A16.
The rights of way and access plans – sheet 9
Norfolk County Council East Tuddenham Parish	Reference A21 to A23 on Berry’s Lane	Reference A21 to A23 Highway to be stopped up from point A21, at junction connecting Berrys Lane to the existing A47 in a southern direction to point A23, a distance of 157 metres.

PART 2 E+W+S HIGHWAYS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW HIGHWAYS WHICH ARE OTHERWISE TO BE PROVIDED

Commencement Information

I31 Sch. 4 Pt. 2 in force at 2.9.2022, see art. 1

(1) Area	(2) Highway to be stopped up	(3) Extent of stopping up	(4) New highway to be substituted/provided
The rights of way and access plans – sheet 1
Norfolk County Council North Tuddenham Parish	-	-	Reference D1 to D2 A new trunk road from D1 to D2 in an eastern direction for 8458 metres. D1 is 227 metres from Fox Lane diverge. D2 is 164 metres from existing A47 roundabout for Easton.
The rights of way and access plans – sheet 2
Norfolk County Council North Tuddenham Parish Hockering Parish	Reference A1 to A2 Part of the B1147 and cycle track connection	Reference A1 to A2 From point A1 784 metres east of the Fox Lane bridge over the Existing A47 to point A2, 854 metres east Fox Lane bridge over the Existing A47, a distance of 134 metres	Reference D5 to D6 To be substituted by a length of new highway from point D5 860 metres from Fox Lane bridge over the Existing A47 in a southerly direction to point D6, 874 metres from Fox Lane bridge over the Existing A47, for 168 metres.
Norfolk County Council Hockering Parish	Reference A3 to A4 Part of the existing A47 and cycle track	Reference A3 to A4 From point A3 north west of the junction where Low Road meets the existing A47 in an easterly direction to point A4 where Low Road meets the existing A47, a distance of 245 metres.	Reference D3 to A4 To be substituted by a new highway from point D3, 493 metres east of the Fox Lane bridge over the existing A47 to point A4 where Low Road meets the existing A47, a distance of 1052 metres.
Norfolk County Council Hockering Parish	Reference A4 to A5 Part of the existing A47	Reference A4 to A5 From point A4 located where Low Road meets the existing A47 to point A5, a distance of 348 metres	Reference D7 to D8 To be substituted by a new highway from point D7 located 160 metres north west of the junction where Mattishall Lane meets the Existing A47 in a south westerly direction to point D8 located 24 metres north east of junction where unnamed road meets Mattishall Lane, a distance of 470 metres.
Norfolk County Council North Tuddenham Parish	-	-	Reference D1 to D2 See sheet 1.
The rights of way and access plans – sheet 4
Norfolk County Council North Tuddenham Parish	-	-	Reference D1 to D2 See sheet 1.
Norfolk County Council Hockering Parish	Reference A3 to A4 See sheet 2		Reference D3 to A4 See sheet 2.
Norfolk County Council Hockering Parish	Reference A4 to A5 See sheet 2		Reference D7 to D8 See sheet 2.
Norfolk County Council Hockering Parish	Reference A6 to A7 Part of Mattishall Lane	Reference A6 to A7 From point A6 located on Mattishall Lane 88 metres south east of where the lane meets the Existing A47 to point A7 located 250 metres south east of where the lane meets the Existing A47, a distance of 161 metres.	Reference D7 to D8 To be substituted by a new highway from point D7 located 160 metres north west of the junction where Mattishall Lane meets the Existing A47 in a south westerly direction to point D8 located 24 metres north east of junction where unnamed road meets Mattishall Lane, a distance of 470 metres.
Norfolk County Council Hockering Parish	Reference A8 to A9 Part of Mattishall Lane	Reference A8 to A9 From point A8 located on Mattishall Lane 385 metres south west where the lane meets the Existing A47 to point A9 located 513 metres south west of where the lane meets the Existing A47, a distance of 133 metres.	Reference D7 to D8 To be substituted by a new highway from point D7 located 160 metres north west of the junction where Mattishall Lane meets the Existing A47 in a south westerly direction to point D8 located 24 metres north east of junction where unnamed road meets Mattishall Lane, a distance of 470 metres.
The rights of way and access plans – sheet 5
Norfolk County Council Hockering Parish	-	-	Reference D1 to D2 See sheet 1
The rights of way and access plans – sheet 6
Norfolk County Council Hockering Parish	-	-	Reference D1 to D2 See sheet 1
Norfolk County Council Hockering Parish	Reference A12 to A13 Part of Hockering FP8	Reference A12 to A13 From point A12 located 1043 metres west of where Church Lane meets the Existing A47 to point A13 located 1064 metres west of where Church Lane meets the Existing A47, a distance of 54 metres.	Reference A13 to A14 To be substituted by a new footpath from point A13 located 1064 metres west of where Church Lane meets the Existing A47 in an easterly direction to point A14 located 1044 metres west of where Church Lane meets the Existing A47, a distance of 55 metres.
Norfolk County Council Hockering Parish	Reference A12 to A14 Part of Hockering FP7	Reference A12 to A14 From point A12 located 1043 metres west of where Church Lane meets the Existing A47 to point A14 located 1044 metres west of where Church Lane meets the Existing A47, a distance of 16 metres.	Reference A13 to A14 To be substituted by a new footpath from point A13 located 1064 metres west of where Church Lane meets the Existing A47 in an easterly direction to point A14 located 1044 metres west of where Church Lane meets the Existing A47, a distance of 24 metres.
The rights of way and access plans – sheet 7
Norfolk County Council Hockering Parish East Tuddenham Parish	-	-	Reference D1 to D2 See sheet 1
The rights of way and access plans – sheet 8
Norfolk County Council East Tuddenham Parish	-	-	Reference D1 to D2 See sheet 1
Norfolk County Council East Tuddenham Parish	Reference A17 to A18 See sheet 9		References D9 to D10, D11 to D12, D15 to D16, D17 to D18, D19 to D20, D21 to D22 See sheet 9
The rights of way and access plans – sheet 9
Norfolk County Council East Tuddenham Parish Honingham Parish	-	-	Reference D1 to D2 See sheet 1
Norfolk County Council Hockering Parish East Tuddenham Parish	Reference A17 to A18 Part of the existing A47	Reference A17 to A18. From point A17 160 metres east of the Sandy Lane/A47 junction in a south easterly direction to a point A18, a distance of 1063 metres.	References D9 to D10, D11 to D12, D15 to D16, D17 to D18, D19 to D20 and D21 to D22 To be substituted by the following lengths of new highway: From point D9 173 metres east of the Sandy Lane/A47 junction to point D10 on the northern roundabout of Wood Lane junction, a distance of 752 metres From point D11 282 metres east of the Sandy Lane/A47 junction to point D12 on the southern roundabout of Wood Lane junction, a distance of 644 metres From point D15 on the northern roundabout of Wood Lane junction in a southerly direction to point D16 on the southern roundabout, a distance of 438 metres From point D17 on the northern roundabout of Wood Lane junction in an easterly direction to point D18, a distance of 610 metres From a point D19 on the southern roundabout of Wood Lane junction in an easterly direction to point D20, a distance of 669 metres From a point D21 on the southern roundabout of Wood Lane junction in a south easterly direction to point D22 on Honingham roundabout, a distance of 1663 metres.
Norfolk County Council Honingham Parish East Tuddenham Parish	Reference A19 to A20 See sheet 10	Reference A19 to A20 See sheet 10	Reference D13 to D14 and D14 to D4 See sheet 10
Norfolk County Council Honingham Parish East Tuddenham Parish	Reference A21 to A22 Part of Berrys Lane	Reference A21 to A22 From a point A21 where Berrys Lane joins the existing A47 in a south easterly direction to point A22, a distance of 363 metres.	Reference D21 to D22 and D23 to D24 To be substituted by the following lengths of new highway: From a point D21 on the southern roundabout of Wood Lane junction in a south easterly direction to point D22 on Honingham roundabout, a distance of 1663 metres From a point D23 314 metres east of the southern roundabout of Wood Lane junction in a southerly direction to point D24 on Dereham Road, a distance of 241 metres.
Norfolk County Council Honingham Parish East Tuddenham Parish	Reference A40 to A41 Honingham FP3	Reference A40 to A41 From point A40 on Dereham Road in a westerly direction to a point A41, a distance of 300 metres.	To be substituted by a new bridleway between point CF25 on Dereham Road 219 metres south of the existing A47 in a westerly direction to point CF26, a distance of 284 metres.
The rights of way and access plans – sheet 10
Norfolk County Council East Tuddenham Parish	Reference A19 to A20 Part of Wood Lane B1535	Reference A19 to A20 From a point A19 where Wood Lane meets the A47 in a northerly direction to a point A20, a distance of 528 metres.	Reference D13 to D14 and D14 to D4 To be substituted by the following lengths of new highway: From point D13 534 metres north of the existing A47 in a southerly direction to point D14, a distance of 301 metres From a point D14 228 metres north of the existing A47 in an easterly direction to a point D4 on the northern roundabout of Wood Lane junction, a distance of 97 metres.
Norfolk County Council East Tuddenham Parish	Reference A21 to A22 See sheet 9		References D21 to D22, D23 to D24 See sheet 9
Norfolk County Council Honingham Parish	Reference A38 to A39 Part of Honingham RB1	Reference A38 to A39 285 metres north east of centrepoint of the northern roundabout of Wood Lane junction, to A39 11m south of the existing A47 a distance of 467 metres.	Reference A38 to CF2a To be substituted by a new restricted byway from point A38 on the existing Honingham RB1 in a westerly direction to point CF2a 117 metres north east of the northern roundabout of Wood Lane junction, a distance of 242 metres.
The rights of way and access plans – sheet 11
Norfolk County Council Honingham Parish	-	-	Reference D1 to D2 See sheet 1
The rights of way and access plans – sheet 12
Norfolk County Council Honingham Parish	-	-	Reference D1 to D2 See sheet 1
The rights of way and access plans – sheet 13
Norfolk County Council Honingham Parish	-	-	Reference D1 to D2 See sheet 1
Norfolk County Council Honingham Parish	Reference A24 to A25 Part of the existing A47	Reference A24 to A25 From point A24 205m metres west of the existing property St Andrew’s Church in an eastern direction of 188m to point A25.	References D25 to D26, D27 to D28, D41 to D42 and D33 to D34 To be substituted by the following lengths of new highway: From a point D25 on Honingham roundabout in an easterly direction to point D26 on the southern roundabout of Norwich Road junction, a distance of 1030 metres From a point D27 68 metres west of St Andrew’s Church in an easterly direction to a point D28 on Taverham Road, a distance of 460 metres From a point D41 south of Church House Farm in a south easterly direction to D42 on the northern roundabout of Norwich Road junction, a distance of 248 metres From point D33 on the northern roundabout of Norwich Road junction in a southerly direction to point D34 on the southern roundabout, a distance of 314 metres.
The rights of way and access plans – sheet 14
Norfolk County Council Honingham Parish	-	-	Reference D1 to D2 See sheet 1
Norfolk County Council Honingham Parish	Reference A27 to A28 Part of Blind Lane	Reference A27 to A28	References D25 to D26, D33 to D34 and D41 to D42 To be substituted by the following lengths of new highway: From a point D25 on Honingham roundabout in an easterly direction to point D26 on the southern roundabout of Norwich Road junction, a distance of 1030 metres From point D33 on the northern roundabout of Norwich Road junction in a southerly direction to point D34 on the southern roundabout, a distance of 314 metres From a point D41 south of Church House Farm in a south easterly direction to D42 on the northern roundabout of Norwich Road junction, a distance of 248 metres.
Norfolk County Council Honingham Parish	Reference A26 to A29 Part of the existing A47	Reference A26 to A29. From point A26 104 metres south of the existing property access to Church House Farm in an eastern direction for 702 metres to point A29.	References D29 to D30, D31 to D32, D33 to D34, D35 to D36 and D37 to D38 To be substituted by the following lengths of new highway: From point D29 on the new mainline dual carriageway 122 metres west of St Andrew’s Church in an easterly direction to point D30 on the new northern roundabout of Norwich Road junction, a distance of 707 metres. From point D31 on the new mainline dual carriageway 143 metres west of St Andrew’s Church in an easterly direction to point D32 on the new southern roundabout of Norwich Road junction, a distance of 763 metres. From point D33 on the northern roundabout of Norwich Road junction in a southerly direction to point D34 on the southern roundabout, a distance of 314 metres From point D35 on the new northern roundabout of Norwich Road junction in an easterly direction to point D36 on the new mainline dual carriageway, a distance of 712 metres From point D37 on the new southern roundabout of Norwich Road junction in an easterly direction to point D38 on the new mainline dual carriageway, a distance of 619 metres.
The rights of way and access plans – sheet 15
Norfolk County Council Easton Parish Honingham Parish	Reference A26 to A29 See sheet 14		References D29 to D30, D31 to D32, D33 to D34, D35 to D36, D37 to D38 See sheet 14
The rights of way and access plans – sheet 15
Norfolk County Council Easton Parish Honingham Parish	-	-	Reference D1 to D2 See sheet 1
Norfolk County Council Easton Parish Honingham Parish	Reference A30 to A31 Part of the existing A47	Reference A30 to A31 From point A30 210 metres west of the existing Easton roundabout in an easterly direction to point A31, a distance of 290 metres.	References D2 to D36, D2, D2 to D38 and D39 to D40 To be substituted by the following lengths of new highway: The new mainline dual carriageway between D36 and D2 (eastbound carriageway) and between D2 and D38 (westbound carriageway), a distance of 1290 metres From a point D39 on the southern dumbbell roundabout of Norwich Road junction in an easterly direction to a point D40 85 metres south of the Church Lane junction on Dereham Road, a distance of 1265 metres.
The rights of way and access plans – sheet 16
Norfolk County Council Easton Parish	-	-	Reference D1 to D2 See sheet 1
Norfolk County Council Easton Parish Honingham Parish	Reference A30 to A31 See sheet 15		References D2 to D36, D2, D2 to D38 and D39 to D40 See sheet 15
Norfolk County Council Easton Parish Honingham Parish	Reference A32 to A33 Church Lane	Reference A32 to A33 From point A32 at the junction of Church Lane and Ringland Lane in a south westerly direction to point A33 on the Easton roundabout, a distance of 315 metres.	Reference CF20 to CF24 To be substituted by a new cycle track from the new Easton overbridge at point CF24 in a north easterly direction to point CF20 on Ringland Lane, a distance of 332 metres.
Norfolk County Council Easton Parish Honingham Parish	Reference A34 to A35 Part of Dereham Road	Reference A34 to A35 From point A34 on the Easton roundabout in a southerly direction to point A35, a distance of 45 metres.	Reference D39 to D40 From a point D39 on the southern dumbbell roundabout of Norwich Road junction in an easterly direction to a point D40 85 metres south of the Church Lane junction on Dereham Road, a distance of 1265 metres.

PART 3 E+W+S PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW PRIVATE MEANS OF ACCESS WHICH ARE OTHERWISE TO BE PROVIDED

Commencement Information

I32 Sch. 4 Pt. 3 in force at 2.9.2022, see art. 1

(1) Area	(2) Private means of access to be stopped	(3) Extent of stopping up	(4) New private means of access to be substitutes or provided
The rights of way and access plans – sheet 1
Norfolk County Council North Tuddenham Parish	Reference B1 to B2	Reference B1 to B2 A private access track from length from the existing A47 to a point 313 metres south.	Reference C1 to C2. To be substituted by a new private access road which connects into Fox Lane from a point 498 metres west of the current access.
The rights of way and access plans – sheet 2
Norfolk County Council North Tuddenham Parish Hockering Parish			Reference C3 to C4. A new private access road to provide access to a drainage basin from Lyng Road between C3 and C4.
The rights of way and access plans – sheet 4
Norfolk County Council Hockering Parish			Reference C5 to C6 A new private means of access to agricultural land from the existing A47 at the junction with Low Road.
Norfolk County Council Hockering Parish			Reference C7 to C8 A new private means of access to drainage basin from the proposed mainline dual carriageway (D1 to D2), 108 metres north west of the Mattishall Lane underpass.
Norfolk County Council Hockering Parish			Reference C9 to C10 A new private means of access to agricultural land from the existing Mattishall Lane, 16 metres north east of point A6.
Norfolk County Council Hockering Parish	Reference B3 to B4 Mill Lane	Reference B3 to B4 A length from a point 73 metres south of the existing A47 southwards to the private timber yard.	Reference C11 to C12 To be substituted by a new private access road from a point C11 430 metres north west of the current access on Mattishall Lane in an easterly direction for a distance of 460 metres to point C12.
The rights of way and access plans – sheet 5
Norfolk County Council Hockering Parish	Reference B3 to B4 See sheet 4		Reference C11 to C12 See sheet 4
Norfolk County Council Hockering Parish			Reference C13 to C14 A new private means of access to a drainage basin from the new private access track (Reference C11 to C12).
The rights of way and access plans – sheet 6
Norfolk County Council Hockering Parish			Reference C15 to C16 A new private means of access to a drainage basin from the new mainline dual carriageway (Reference D1 to D2).
The rights of way and access plans – sheet 7
Norfolk County Council East Tuddenham Parish	Reference B5 to B6 private access road from existing A47	Reference B5 to B6 A point B6 adjacent to the existing A47 just West of the Berrys Lane junction extending 189 metres west to B5.	Reference C17 to C18 To be substituted by a new private means of access being provided from Church Lane 644 metres west of the current access point.
Norfolk County Council East Tuddenham Parish			Reference C19 to C20 A new private means of access to a drainage basin from a new private access track (Reference C17 to C18).
The rights of way and access plans – sheet 8
Norfolk County Council East Tuddenham Parish	Reference B5 to B6 See sheet 7		Reference C17 to C18 See sheet 7
The rights of way and access plans – sheet 9
Norfolk County Council Hockering Parish			Reference C23 to C24 A new private means of access to a drainage basin from point C23 on the existing A47 352 metres east of the junction of Berrys Lane with existing A47.
The rights of way and access plans – sheet 11
Norfolk County Council Honingham Parish	Reference B9 to B10 private access road from existing A47 leading to Hall Farm	Reference B9 to B10 extending from the existing A47 for 184 metres north.	Reference C25 to C26 To be substituted by a new private access track being provided from point C25 on the existing (de-trunked) A47 348 metres west of the current access in a northerly direction and then in an easterly direction to point C26 for a distance of 530 metres.
Norfolk County Council Honingham Parish			Reference C27 to C28 A new private means of access to a drainage basin from a new private access track from the existing A47 to Hall Farm (C25 to C26).
The rights of way and access plans – sheet 12
Norfolk County Council Honingham Parish			Reference C29 to C30 A new private means of access to a drainage basin from the new dual carriageway between point C29 211 metres north west of the River Tud crossing to point C30 a distance of 17 metres.
Norfolk County Council Honingham Parish			Reference C31 to C32 A new private means of access to a drainage basin from the de-trunked A47 between point C31 273 metres north west from the centre of the existing roundabout with Norwich Road and the existing A47 to point C32 a distance of 10 metres.
The rights of way and access plans – sheet 13
Norfolk County Council Honingham Parish			Reference C33 to C34 A new private means of access to the car park for St Andrew’s Church from the de-trunked A47 from point C33 60 metres west of the entrance to St Andrew’s Church to point C34 a distance of 9 metres.
The rights of way and access plans – sheet 14
Norfolk County Council Honingham Parish			Reference C35 to C36 A new private means of access to a drainage basin from point C35 on Taverham Road 55 metres south of the access to Church House Farm to point C36 a distance of 8 metres.
Norfolk County Council Honingham Parish			Reference C37 and C38 A new private means of access to agricultural land and construction compounds to the north of the proposed mainline dual carriageway from the realigned Taverham Road from point C37 85 metres east of the junction of Blind Lane with the existing A47 to point C38, a distance of 74 metres.
The rights of way and access plans – sheet 16
Norfolk County Council Easton Parish			Reference C21 to C22 A new private means of access to agricultural land and construction compounds to the north of the proposed mainline dual carriageway from points C21 at the junction of Church Lane and Ringland Lane to point C22, a distance of 89 metres.

PART 4 E+W+S PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

Commencement Information

I33 Sch. 4 Pt. 4 in force at 2.9.2022, see art. 1

(1) Area	(2) Private means of access to be stopped up	(3) Extent of stopping up
The rights of way and access plans – sheet 6
Norfolk County Council Hockering Parish	Reference B11 to B12 Private access road to Newgate House	Reference B11 to B12 A point B11 extending south towards Newgate House to point B12, a distance of 42 metres.
The rights of way and access plans – sheet 9
Norfolk County Council East Tuddenham Parish	Reference B7 to B8 private access road off existing A47	Reference B7 to B8 A point extending from the existing A47 132 metres south.

Article 26

SCHEDULE 5 E+W+S LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED

Commencement Information

I34 Sch. 5 in force at 2.9.2022, see art. 1

(1) Plot reference number shown on land plans	(2) Purpose for which rights and restrictive covenants over land may be acquired	(3) Relevant part of the authorised development
Land Plans – Sheet No. 1
1/2f	Removal of cables and apparatus for electronic communications and associated infrastructure. Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers Right to pass and repass with or without plant and vehicles and including access to highways To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult	Work No. 1, 2 and 73
Land Plans – Sheet No. 2
2/4b	Right to pass and repass with or without plant and vehicles and to access land for ecological mitigation commitments	Work No. 56 and ecological mitigation
Land Plans – Sheet No. 3
3/1a	Right to pass and repass with or without plant and vehicles and to access land for ecological mitigation commitments	Work No. 56 and ecological mitigation
3/2b	Right to pass and repass with or without plant and vehicles and to access land for ecological mitigation commitments	Work No. 56 and ecological mitigation
3/3b	Right to pass and repass with or without plant and vehicles and to access land for ecological mitigation commitments	Work No. 56 and ecological mitigation
3/4a	Right to pass and repass with or without plant and vehicles and to access land for ecological mitigation commitments	Work No. 56 and ecological mitigation
3/5a	Right to pass and repass with or without plant and vehicles and to access land for ecological mitigation commitments	Work No. 56 and ecological mitigation
3/6a	Right to pass and repass with or without plant and vehicles and to access land for ecological mitigation commitments	Work No. 56 and ecological mitigation
Land Plans – Sheet No. 4
4/1g	Divert, install, underground, alter, retain, use, monitor and maintain and remove water pipelines and associated infrastructure Divert, install, underground, alter, retain, use, monitor and maintain and remove electronic communications apparatus including overhead electronic communications apparatus together with accesses to highways and associated infrastructure including marker posts and inspection chambers Divert, install, underground, alter, retain, use, monitor and maintain and remove electricity cables including overhead electricity cables together with accesses to highways and associated infrastructure including marker posts and inspection chambers Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers Right to pass and repass with or without plant and vehicles and including access to highways To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult	Work No. 74
4/1j	Divert, install, underground, alter, retain, use, monitor and maintain and remove water pipelines and associated infrastructure Divert, install, underground, alter, retain, use, monitor and maintain and remove electronic communications apparatus including overhead electronic communications apparatus together with accesses to highways and associated infrastructure including marker posts and inspection chambers Divert, install, underground, alter, retain, use, monitor and maintain and remove electricity cables including overhead electricity cables together with accesses to highways and associated infrastructure including marker posts and inspection chambers Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers Right to pass and repass with or without plant and vehicles and including access to highways To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult	Work No. 74
Land Plans – Sheet No. 5
5/4c	Divert, install, underground, alter, retain, use, monitor and maintain and remove electronic communications apparatus including overhead electronic communications apparatus together with accesses to highways and associated infrastructure including marker posts and inspection chambers Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers Right to pass and repass with or without plant and vehicles and including access to highways To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult	Work No. 1 and 75
5/7c	Divert, install, underground, alter, retain, use, monitor and maintain and remove electronic communications apparatus including overhead electronic communications apparatus together with accesses to highways and associated infrastructure including marker posts and inspection chambers Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers Right to pass and repass with or without plant and vehicles and including access to highways To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult	Work No. 1 and 75
5/9c	Divert, install, underground, alter, retain, use, monitor and maintain and remove electricity cables including overhead electricity cables together with accesses to highways and associated infrastructure including marker posts and inspection chambers Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers Right to pass and repass with or without plant and vehicles and including access to highways To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult	Work No. 1 and 76
5/9e	Divert, install, underground, alter, retain, use, monitor and maintain and remove electronic communications apparatus including overhead electronic communications apparatus together with accesses to highways and associated infrastructure including marker posts and inspection chambers Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers Right to pass and repass with or without plant and vehicles and including access to highways To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult	Work No. 1 and 75
Land Plans – Sheet No. 6
6/4e	Right to pass and repass with or without plant and vehicles and to access adjoining parcels permanently acquired or already owned by the undertaker	Work No. 1, 14 and 61
6/6a	Divert, install, underground, alter, retain, use, monitor and maintain and remove water pipelines and associated infrastructure Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers Right to pass and repass with or without plant and vehicles and to access adjoining parcels permanently acquired or already owned by the undertaker To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult	Work No. 1 and 77
6/10c	Divert, install, underground, alter, retain, use, monitor and maintain and remove electricity cables including overhead electricity cables together with accesses to highways and associated infrastructure including marker posts and inspection chambers Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers Right to pass and repass with or without plant and vehicles and including access to highways To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult	Work No. 1 and 78
Land Plans – Sheet No. 7
7/1n	Divert, install, underground, alter, retain, use, monitor and maintain and remove electronic communications apparatus including overhead electronic communications apparatus together with accesses to highways and associated infrastructure including marker posts and inspection chambers. Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers. Right to pass and repass with or without plant and vehicles and including access to highways. To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult.	Work No. 81
7/6b	Divert, install, underground, alter, retain, use, monitor and maintain and remove electricity cables including overhead electricity cables together with accesses to highways and associated infrastructure including marker posts and inspection chambers Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers Right to pass and repass with or without plant and vehicles and including access to highways To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult	Work No. 1 and 79
7/6d	Divert, install, underground, alter, retain, use, monitor and maintain and remove electronic communications apparatus including overhead electronic communications apparatus together with accesses to highways and associated infrastructure including marker posts and inspection chambers Divert, install, underground, alter, retain, use, monitor and maintain and remove water pipeline and associated infrastructure Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers Right to pass and repass with or without plant and vehicles and including access to highways To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult	Work No. 1 and 80
7/9a	Divert, install, underground, alter, retain, use, monitor and maintain and remove electronic communications apparatus including overhead electronic communications apparatus together with accesses to highways and associated infrastructure including marker posts and inspection chambers Divert, install, underground, alter, retain, use, monitor and maintain and remove water pipelines and associated infrastructure Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers Right to pass and repass with or without plant and vehicles and including access to highways To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult	Work No. 15, 16 and 80
7/10a	Divert, install, underground, alter, retain, use, monitor and maintain and remove electronic communications apparatus including overhead electronic communications apparatus together with accesses to highways and associated infrastructure including marker posts and inspection chambers Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers Right to pass and repass with or without plant and vehicles and including access to highways To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult	Work No. 81
Land Plans – Sheet No. 8
8/1c	Divert, install, underground, alter, retain, use, monitor and maintain and remove electronic communications apparatus including overhead electronic communications apparatus together with accesses to highways and associated infrastructure including marker posts and inspection chambers. Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers Right to pass and repass with or without plant and vehicles and including access to highways To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult	Work No. 81
8/3b	Divert, install, underground, alter, retain, use, monitor and maintain and remove electronic communications apparatus including overhead electronic communications apparatus together with accesses to highways and associated infrastructure including marker posts and inspection chambers. Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers Right to pass and repass with or without plant and vehicles and including access to highways To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult	Work No. 81
8/3f	Divert, install, underground, alter, retain, use, monitor and maintain and remove electronic communications apparatus including overhead electronic communications apparatus together with accesses to highways and associated infrastructure including marker posts and inspection chambers Install, retain, use, monitor, alter, maintain and remove ducts, cables and apparatus for services and utilities Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers Right to pass and repass with or without plant and vehicles and including access to highways To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult	Work No. 82 and 83
8/4c	Divert, install, underground, alter, retain, use, monitor and maintain and remove water pipelines and associated infrastructure Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers Right to pass and repass with or without plant and vehicles and including access to highways To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult	Work No. 15, 16 and 80
8/4d	Divert, install, underground, alter, retain, use, monitor and maintain and remove water pipelines and associated infrastructure Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers Right to pass and repass with or without plant and vehicles and including access to highways To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult	Work No. 15, 16 and 80
Land Plans – Sheet No. 9
9/1d	Divert, install, underground, alter, retain, use, monitor and maintain and remove a gas main and associated infrastructure Divert, install, underground, alter, retain, use, monitor and maintain and remove water pipelines and associated infrastructure Divert, install, underground, alter, retain, use, monitor and maintain and remove electronic communications apparatus including overhead electronic communications apparatus together with accesses to highways and associated infrastructure including marker posts and inspection chambers Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers Right to pass and repass with or without plant and vehicles and including access to highways To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult	Work No. 84
9/1h	Divert, install, underground, alter, retain, use, monitor and maintain and remove a gas main and associated infrastructure Divert, install, underground, alter, retain, use, monitor and maintain and remove a water pipeline and associated infrastructure Divert, install, underground, alter, retain, use, monitor and maintain and remove electronic communications apparatus including overhead electronic communications apparatus together with accesses to highways and associated infrastructure including marker posts and inspection chambers Divert, install, underground, alter, retain, use, monitor and maintain and remove electricity cables including overhead electricity cables together with accesses to highways and associated infrastructure including marker posts and inspection chambers Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers Right to pass and repass with or without plant and vehicles and including access to highways To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult	Work No. 84
9/1j	Divert, install, underground, alter, retain, use, monitor and maintain and remove a gas main and associated infrastructure Divert, install, underground, alter, retain, use, monitor and maintain and remove a water pipeline and associated infrastructure Divert, install, underground, alter, retain, use, monitor and maintain and remove electronic communications apparatus including overhead electronic communications apparatus together with accesses to highways and associated infrastructure including marker posts and inspection chambers Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers Right to pass and repass with or without plant and vehicles and including access to highways To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult	Work No. 84
9/1l	Divert, install, underground, alter, retain, use, monitor and maintain and remove a gas main and associated infrastructure Divert, install, underground, alter, retain, use, monitor and maintain and remove water pipelines and associated infrastructure Divert, install, underground, alter, retain, use, monitor and maintain and remove electronic communications apparatus including overhead electronic communications apparatus together with accesses to highways and associated infrastructure including marker posts and inspection chambers Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers Right to pass and repass with or without plant and vehicles and including access to highways To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult	Work No. 22, 32, 63 and 84
9/1m	Divert, install, underground, alter, retain, use, monitor and maintain and remove a gas main and associated infrastructure Divert, install, underground, alter, retain, use, monitor and maintain and remove water pipelines and associated infrastructure Divert, install, underground, alter, retain, use, monitor and maintain and remove electronic communications apparatus including overhead electronic communications apparatus together with accesses to highways and associated infrastructure including marker posts and inspection chambers Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers Right to pass and repass with or without plant and vehicles and including access to highways To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult	Work No. 19, 22, 63 and 84
9/6b	Divert, install, underground, alter, retain, use, monitor and maintain and remove a gas main and associated infrastructure Divert, install, underground, alter, retain, use, monitor and maintain and remove water pipelines and associated infrastructure Divert, install, underground, alter, retain, use, monitor and maintain and remove electronic communications apparatus including overhead electronic communications apparatus together with accesses to highways and associated infrastructure including marker posts and inspection chambers Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers Right to pass and repass with or without plant and vehicles and including access to highways To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult	Work No. 28 and 84
Land Plans – Sheet No. 10
10/5b	Divert, install, underground, alter, retain, use, monitor and maintain and remove a gas main and associated infrastructure Divert, install, underground, alter, retain, use, monitor and maintain and remove water pipelines and associated infrastructure Divert, install, underground, alter, retain, use, monitor and maintain and remove electronic communications apparatus including overhead electronic communications apparatus together with accesses to highways and associated infrastructure including marker posts and inspection chambers Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers Right to pass and repass with or without plant and vehicles and including access to highways To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult	Work No. 20, 23, 26, 26a, 84 and 98
Land Plans – Sheet No. 11
11/1b	Divert, install, underground, alter, retain, use, monitor and maintain and remove electronic communications apparatus including overhead electronic communications apparatus together with accesses to highways and associated infrastructure including marker posts and inspection chambers Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers Right to pass and repass with or without plant and vehicles and including access to highways To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult	Work No. 1, 33, 87 and 97
11/1c	Divert, install, underground, alter, retain, use, monitor and maintain and remove electricity cables including overhead electricity cables together with accesses to highways and associated infrastructure including marker posts and inspection chambers Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers Right to pass and repass with or without plant and vehicles and including access to highways To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult	Work No. 1 and 88
11/1g	Right to pass and repass with or without plant and vehicles and to access land for ecological mitigation commitments	Ecological mitigation
Land Plans – Sheet No. 12
12/4c	Divert, install, underground, alter, retain, use, monitor and maintain and remove water pipelines and associated infrastructure Divert, install, underground, alter, retain, use, monitor and maintain and remove electronic communications apparatus including overhead electronic communications apparatus together with accesses to highways and associated infrastructure including marker posts and inspection chambers Divert, install, underground, alter, retain, use, monitor and maintain and remove electricity cables including overhead electricity cables together with accesses to highways and associated infrastructure including marker posts and inspection chambers Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers. Right to pass and repass with or without plant and vehicles and including access to highways To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult	Work No. 89
Land Plans – Sheet No. 13
13/1d	Divert, install, underground, alter, retain, use, monitor and maintain and remove water pipelines and associated infrastructure Divert, install, underground, alter, retain, use, monitor and maintain and remove electronic communications apparatus including overhead electronic communications apparatus together with accesses to highways and associated infrastructure including marker posts and inspection chambers Divert, install, underground, alter, retain, use, monitor and maintain and remove electricity cables including overhead electricity cables together with accesses to highways and associated infrastructure including marker posts and inspection chambers Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers Right to pass and repass with or without plant and vehicles and including access to highways To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult	Work No. 65, 66 and 89
13/1e	Divert, install, underground, alter, retain, use, monitor and maintain and remove water pipelines and associated infrastructure Divert, install, underground, alter, retain, use, monitor and maintain and remove electronic communications apparatus including overhead electronic communications apparatus together with accesses to highways and associated infrastructure including marker posts and inspection chambers Divert, install, underground, alter, retain, use, monitor and maintain and remove electricity cables including overhead electricity cables together with accesses to highways and associated infrastructure including marker posts and inspection chambers Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers Right to pass and repass with or without plant and vehicles and including access to highways To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult	Work No. 65, 66 and 89
13/1(i)	Divert, install, underground, alter, retain, use, monitor and maintain and remove water pipelines and associated infrastructure Divert, install, underground, alter, retain, use, monitor and maintain and remove electronic communications apparatus including overhead electronic communications apparatus together with accesses to highways and associated infrastructure including marker posts and inspection chambers Divert, install, underground, alter, retain, use, monitor and maintain and remove electricity cables including overhead electricity cables together with accesses to highways and associated infrastructure including marker posts and inspection chambers Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers Right to pass and repass with or without plant and vehicles and including access to highways To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult	Work No. 65, 66 and 89
Land Plans – Sheet No. 14
14/4g	Right to lay temporary surfaces and to pass and repass with or without plant, machinery, and vehicles to access adjoining parcels of land, highways and Ørsted’s Hornsea Three Offshore Windfarm’s onshore export cables Divert, install, underground, alter, retain, use, monitor and maintain and remove water pipelines and associated infrastructure Divert, install, underground, alter, retain, use, monitor and maintain and remove electronic communications apparatus including overhead electronic communications apparatus together with accesses to highways and associated infrastructure including marker posts and inspection chambers Divert, install, underground, alter, retain, use, monitor and maintain and remove electricity cables including overhead electricity cables together with accesses to highways and associated infrastructure including marker posts and inspection chambers Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being obstructed or made materially more difficult	Work No. 1, 48, 51, 92, 94, and 99
Land Plans – Sheet No. 15
15/1a	Right to lay temporary surfaces and to pass and repass with or without plant, machinery, and vehicles to access adjoining parcels of land, highways and Ørsted’s Hornsea Three Offshore Windfarm’s onshore export cables Divert, install, underground, alter, retain, use, monitor and maintain and remove water pipelines and associated infrastructure Divert, install, underground, alter, retain, use, monitor and maintain and remove electronic communications apparatus including overhead electronic communications apparatus together with accesses to highways and associated infrastructure including marker posts and inspection chambers Divert, install, underground, alter, retain, use, monitor and maintain and remove electricity cables including overhead electricity cables together with accesses to highways and associated infrastructure including marker posts and inspection chambers Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers Right to pass and repass with or without plant and vehicles and including access to highways To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being obstructed or made materially more difficult	Work No. 1, 48, 51, 92, 94, and 99
15/3c	Divert, install, underground, alter, retain, use, monitor and maintain and remove electronic communications apparatus including overhead electronic communications apparatus together with accesses to highways and associated infrastructure including marker posts and inspection chambers Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers Right to pass and repass with or without plant and vehicles and including access to highways To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult	Work No. 91
15/4b	Right to lay temporary surfaces and to pass and repass with or without plant, machinery, and vehicles to access adjoining parcels of land, highways and Ørsted’s Hornsea Three Offshore Windfarm’s onshore export cables Works in connection with the overhead 132kV electricity line Divert, install, underground, alter, retain, use, monitor and maintain and remove electronic communications apparatus including overhead electronic communications apparatus together with accesses to highways and associated infrastructure including marker posts and inspection chambers Divert, install, underground, alter, retain, use, monitor and maintain and remove water pipelines and associated infrastructure Divert, install, underground, alter, retain, use, monitor and maintain and remove electricity cables including overhead electricity cables together with accesses to highways and associated infrastructure including marker posts and inspection chambers Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers Right to pass and repass with or without plant and vehicles and including access to highways To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being obstructed or made materially more difficult	Work No. 1, 48, 51, 69, 70, 92, 93, 94 and 99
15/4e	Construct, install, retain use, maintain, inspect, alter, remove, refurbish, reconstruct, replace, protect and improve cabling, ducts, jointing bays, telecommunications and other ancillary apparatus (including but not limited to access chambers, manholes, and marker posts) for Ørsted’s Hornsea Three Offshore Windfarm’s onshore export cables and any other works as necessary together with the right to fell, trim or lop trees and bushes which may obstruct or interfere with the said cables, telecommunications and other ancillary apparatus Right to continuous vertical and lateral support for Ørsted’s Hornsea Three Offshore Windfarm’s onshore export cables Right to install, execute, implement, retain, repair, improve, renew, remove, relocate and plant trees, woodlands, shrubs, hedgerows, seeding and other ecological measures together with the right to maintain, inspect and replant such trees, shrubs and landscaping and the right to pass and repass on foot, with or without vehicles, plant and machinery for all purposes in connection with the implementation and maintenance of landscaping and ecological mitigation or enhancement works in connection with Ørsted’s Hornsea Three Offshore Windfarm’s onshore export cables Right to lay temporary surfaces and to pass and repass with or without plant, machinery, and vehicles to access adjoining parcels of land, highways and Ørsted’s Hornsea Three Offshore Windfarm’s onshore export cables Divert, install, underground, alter, retain, use, monitor and maintain and remove electricity cables including overhead electricity cables together with accesses to highways and associated infrastructure including marker posts and inspection chambers Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers Right to pass and repass with or without plant and vehicles and including access to highways To include restrictive covenants for protecting the installed apparatus, landscaping, ecological mitigation or enhancement works from excavation, interference or damage and to prevent access to the installed apparatus, landscaping, ecological mitigation or enhancement works being obstructed or made materially more difficult	Work No. 72, 94 and 99
15/5b	Construct, install, retain, use, maintain, inspect, alter, remove, refurbish, reconstruct, replace, protect and improve cabling, ducts, jointing bays, telecommunications and other ancillary apparatus (including but not limited to access chambers, manholes and marker posts) for Ørsted’s Hornsea Three Offshore Windfarm’s onshore export cables and any other works as necessary together with the right to fell, trim or lop trees and bushes which may obstruct or interfere with the said cables, telecommunications and other ancillary apparatus Right to continuous vertical and lateral support for Ørsted’s Hornsea Three Offshore Windfarm’s onshore export cables Right to install, execute, implement, retain, repair, improve, renew, remove, relocate and plant trees, woodlands, shrubs, hedgerows, seeding and other ecological measures together with the right to maintain, inspect and replant such trees, shrubs and landscaping and the right to pass and repass on foot, with or without vehicles, plant and machinery for all purposes in connection with the implementation and maintenance of landscaping and ecological mitigation or enhancement works in connection with Ørsted’s Hornsea Three Offshore Windfarm’s onshore export cables Right to pass and repass with or without plant, machinery, and vehicles to access adjoining parcels of land, highways and Ørsted’s Hornsea Three Offshore Windfarm’s onshore export cables Works in connection with the overhead 132kV electricity line Divert, install, underground, alter, retain, use, monitor and maintain and remove electronic communications apparatus including overhead electronic communications apparatus together with accesses to highways and associated infrastructure including marker posts and inspection chambers Divert, install, underground, alter, retain, use, monitor and maintain and remove water pipelines and associated infrastructure Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers Right to lay temporary surfaces and to pass and repass with or without plant, machinery and vehicles to access adjoining parcels of land, highways and work area for Ørsted’s Hornsea Three Offshore Windfarm’s onshore export cables To include restrictive covenants for protecting the installed apparatus, landscaping, ecological mitigation or enhancement works from excavation, interference or damage and to prevent access to the installed apparatus, landscaping, ecological mitigation or enhancement works being obstructed or made materially more difficult	Work No. 50, 92, 93 and 94
15/6a	Right to lay temporary surfaces and to pass and repass with or without plant, machinery, and vehicles to access adjoining parcels of land, highways and Ørsted’s Hornsea Three Offshore Windfarm’s onshore export cables Divert, install, underground, alter, retain, use, monitor and maintain and remove electricity cables including overhead electricity cables together with accesses to highways and associated infrastructure including marker posts and inspection chambers Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers Right to pass and repass with or without plant and vehicles and including access to highways To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being obstructed or made materially more difficult	Work No. 71, 94, and 95
15/7a	Construct, install, retain, use, maintain, inspect, alter, remove, refurbish, reconstruct, replace, protect and improve cabling, ducts, jointing bays, telecommunications and other ancillary apparatus (including but not limited to access chambers, manholes and marker posts) for Ørsted’s Hornsea Three Offshore Windfarm’s onshore export cables and any other works as necessary together with the right to fell, trim or lop trees and bushes which may obstruct or interfere with the said cables, telecommunications and other ancillary apparatus Right to continuous vertical and lateral support for Ørsted’s Hornsea Three Offshore Windfarm’s onshore export cables Right to install, execute, implement, retain, repair, improve, renew, remove, relocate and plant trees, woodlands, shrubs, hedgerows, seeding and other ecological measures together with the right to maintain, inspect and replant such trees, shrubs and landscaping and the right to pass and repass on foot, with or without vehicles, plant and machinery for all purposes in connection with the implementation and maintenance of landscaping and ecological mitigation or enhancement works in connection with Ørsted’s Hornsea Three Offshore Windfarm’s onshore export cables Right to pass and repass with or without plant, machinery, and vehicles to access adjoining parcels of land, highways and Ørsted’s Hornsea Three Offshore Windfarm’s onshore export cables Divert, install, underground, alter, retain, use, monitor and maintain and remove electricity cables including overhead electricity cables together with accesses to highways and associated infrastructure including marker posts and inspection chambers Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers Right to lay temporary surfaces and to pass and repass with or without plant, machinery and vehicles to access adjoining parcels of land, highways and work area for Ørsted’s Hornsea Three Offshore Windfarm’s onshore export cables To include restrictive covenants for protecting the installed apparatus, landscaping, ecological mitigation or enhancement works from excavation, interference or damage and to prevent access to the installed apparatus, landscaping, ecological mitigation or enhancement works being obstructed or made materially more difficult	Work No. 50, 94 and 95
15/8a	Divert, install, underground, alter, retain, use, monitor and maintain and remove electricity cables including overhead electricity cables together with accesses to highways and associated infrastructure including marker posts and inspection chambers. Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers Right to pass and repass with or without plant and vehicles and including access to highways To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult	Work No. 95
15/9a	Divert, install, underground, alter, retain, use, monitor and maintain and remove electricity cables including overhead electricity cables together with accesses to highways and associated infrastructure including marker posts and inspection chambers. Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers Right to pass and repass with or without plant and vehicles and including access to highways To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult	Work No. 50 and 95
15/10a	Divert, install, underground, alter, retain, use, monitor and maintain and remove electronic communications apparatus including overhead electronic communications apparatus together with accesses to highways and associated infrastructure including marker posts and inspection chambers Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers Right to pass and repass with or without plant and vehicles and including access to highways To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult	Work No. 91
15/11a	Works in connection with the overhead 132kV electricity line Divert, install, underground, alter, retain, use, monitor and maintain and remove electronic communications apparatus including overhead electronic communications apparatus together with accesses to highways and associated infrastructure including marker posts and inspection chambers Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers Right to pass and repass with or without plant and vehicles and including access to highways To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult	Work No. 93
Land Plans – Sheet No. 16
16/1a	Divert, install, underground, alter, retain, use, monitor and maintain and remove electricity cables including overhead electricity cables together with accesses to highways and associated infrastructure including marker posts and inspection chambers Right to lay temporary surfaces and to pass and repass with or without plant, machinery, and vehicles to access adjoining parcels of land, highways and Ørsted’s Hornsea Three Offshore Windfarm’s onshore export cables Right to pass and repass with or without plant and vehicles and including access to highways Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being obstructed or made materially more difficult	Work No. 72, 94, and 95
16/2a	Divert, install, underground, alter, retain, use, monitor and maintain and remove electricity cables including overhead electricity cables together with accesses to highways and associated infrastructure including marker posts and inspection chambers Right to lay temporary surfaces and to pass and repass with or without plant, machinery, and vehicles to access adjoining parcels of land, highways and Ørsted’s Hornsea Three Offshore Windfarm’s onshore export cables Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers Right to pass and repass with or without plant and vehicles and including access to highways To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being obstructed or made materially more difficult	Work No. 51, 52, 53, 71, 94, and 95
16/5a	Divert, install, underground, alter, retain, use, monitor and maintain and remove electricity cables including overhead electricity cables together with accesses to highways and associated infrastructure including marker posts and inspection chambers. Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers Right to pass and repass with or without plant and vehicles and including access to highways To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult	Work No. 50 and 95
16/6c	Divert, install, underground, alter, retain, use, monitor and maintain and remove electricity cables including overhead electricity cables together with accesses to highways and associated infrastructure including marker posts and inspection chambers. Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers Right to pass and repass with or without plant and vehicles and including access to highways To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult	Work No. 50 and 95
Land Plans – Sheet No. 18
18/1b	Divert, install, underground, alter, retain, use, monitor and maintain and remove electronic communications apparatus including overhead electronic communications apparatus electricity cables including overhead electricity cables together with accesses to highways and associated infrastructure including marker posts and inspection chambers Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers Right to pass and repass with or without plant and vehicles and including access to highways To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult	Work No. 91
18/4a	Right to pass and repass with or without plant and vehicles and to access land for ecological mitigation commitments	Ecological mitigation
18/4b	Right to pass and repass with or without plant and vehicles and to access land for ecological mitigation commitments	Ecological mitigation
Land Plans – Sheet No. 19
19/1a	Works in connection with the overhead 132kV electricity line Divert, install, underground, alter, retain, use, monitor and maintain and remove electronic communications apparatus including overhead electronic communications apparatus together with accesses to highways and associated infrastructure including marker posts and inspection chambers Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers Right to pass and repass with or without plant and vehicles and including access to highways To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult	Work No. 91 and 93
19/2a	Works in connection with the overhead 132kV electricity line Divert, install, underground, alter, retain, use, monitor and maintain and remove electronic communications apparatus including overhead electronic communications apparatus together with accesses to highways and associated infrastructure including marker posts and inspection chambers. Construct, install, retain, use, maintain, inspect, alter, remove, refurbish, reconstruct, replace, protect and improve cabling, ducts, jointing bays, telecommunications and other ancillary apparatus (including but not limited to access chambers, manholes and marker posts) for Ørsted’s Hornsea Three Offshore Windfarm’s onshore export cables and any other works as necessary together with the right to fell, trim or lop trees and bushes which may obstruct or interfere with the said cables, telecommunications and other ancillary apparatus Right to continuous vertical and lateral support for Ørsted’s Hornsea Three Offshore Windfarm’s onshore export cables Right to install, execute, implement, retain, repair, improve, renew, remove, relocate and plant trees, woodlands, shrubs, hedgerows, seeding and other ecological measures together with the right to maintain, inspect and replant such trees, shrubs and landscaping and the right to pass and repass on foot, with or without vehicles, plant and machinery for all purposes in connection with the implementation and maintenance of landscaping and ecological mitigation or enhancement works in connection with Ørsted’s Hornsea Three Offshore Windfarm’s onshore export cables Divert, install, underground, alter, retain, use, monitor and maintain and remove electronic communications cables, apparatus and associated infrastructure Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers Right to pass and repass with or without plant and vehicles and including access to highways Right to lay temporary surfaces and to pass and repass with or without plant, machinery and vehicles to access Ørsted’s Hornsea Three Offshore Windfarm’s onshore export cables To include restrictive covenants for protecting the installed apparatus, landscaping, ecological mitigation or enhancement works from excavation, interference or damage and to prevent access to the installed apparatus, landscaping, ecological mitigation or enhancement works being obstructed or made materially more difficult	Work No. 91, 93 and 94
19/3a	Works in connection with the overhead 132kV electricity line Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers Right to pass and repass with or without plant and vehicles and including access to highways To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult	Work No. 93
Land Plans – Sheet No. 20
20/1a	Works in connection with the overhead 132kV electricity line. Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers. Right to pass and repass with or without plant and vehicles and including access to highways. To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult.	Work No. 93

Article 26

SCHEDULE 6 E+W+S MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

Compensation enactments E+W+S

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 restrictive covenant as they apply in respect of compensation on the compulsory purchase of land and interests in land. E+W+S

Commencement Information

I35 Sch. 6 para. 1 in force at 2.9.2022, see art. 1

2.—(1) Without limitation on the scope of paragraph 1, the 1961 Act has effect subject to the modification set out in sub-paragraph (2). E+W+S

(2) For section 5(A) (5A) (relevant valuation date) of the 1961 Act substitute—

“(5A) If—

(a) the acquiring authority enters on land for the purposes of exercising a right in pursuance of a notice of entry under section 11(1) of the 1965 Act (as modified by paragraph 5(5) of Schedule 6 to the A47 North Tuddenham to Easton Development Consent Order 2022 (“the A47 North Tuddenham to Easton Order”));

(b) the acquiring authority is subsequently required by a determination under paragraph 12 of Schedule 2A to the 1965 Act (as substituted by paragraph 5(8) of Schedule 6 to the A47 North Tuddenham to Easton Order) to acquire an interest in the land; and

(c) the acquiring authority enter on and take 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”.

Commencement Information

I36 Sch. 6 para. 2 in force at 2.9.2022, see art. 1

3.—(1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973(8) has effect subject to the modifications set out in sub-paragraph (2). E+W+S

(2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 (measure of compensation in case of severance) of the 1965 Act as substituted by paragraph 5(3)—

(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”.

Commencement Information

I37 Sch. 6 para. 3 in force at 2.9.2022, see art. 1

Application of Part 1 of the 1965 Act E+W+S

4.  Part 1 of the 1965 Act, as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (and modified by article 29 (modification of Part 1 of the 1965 Act)) to the acquisition of land under article 23 (compulsory acquisition of land), applies to the compulsory acquisition of a right by the creation of a new right, or to the imposition of a restrictive covenant under article 26(1) (compulsory acquisition of rights and imposition of restrictive covenants)— E+W+S

(a) with the modifications specified in paragraph 5; and

(b) with such other modifications as may be necessary.

Commencement Information

I38 Sch. 6 para. 4 in force at 2.9.2022, see art. 1

5.—(1) The modifications referred to in paragraph 4(a) are as follows. E+W+S

(2) References in the 1965 Act to land are, in the appropriate contexts, to 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 restrictive covenant 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.

(3) For Section 7 (measure of compensation in case of severance) of the 1965 Act substitute—

“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 restrictive 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 posers conferred by this or the special Act.”

(4) 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 (owners under incapacity);

(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 so as 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.

(5) Section 11(9)(powers of entry) of the 1965 Act is modified so as to secure that, where the acquiring authority has served notice to treat in respect of any right or restrictive covenant, as well as the notice of entry required by subsection (1) of that section (as it applies to compulsory acquisition under article 23), it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant; and sections 11A(10) (powers of entry: further notices of entry). 11B(11) (counter-notice requiring possession to be taken on specified dated, 12(12) (unauthorised entry), and 13(13)(refusal to give possession to acquiring authority) of the 1965 Act are modified correspondingly.

(6) Section 20(14)(tenants at will, etc.) of the 1965 Act applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right or the enforcement of the restrictive covenant in question.

(7) Section 22 (interests omitted from purchase) of the 1965 Act as modified by article 29(4) is also modified so 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, subject to compliance with that section as respects compensation.

(8) For Schedule 2A of the 1965 Act substitute—

“SCHEDULE 2A E+W+S COUNTER-NOTICE REQUIRING PURCHASE OF LAND NOT IN NOTICE TO TREAT

Introduction E+W+S

1.— (1) This Schedule applies where an undertaker serves a notice to treat in respect of a right over, or a restrictive covenant affecting, the whole or part of a house, building or factory and has not executed a general vesting declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 as applied by article 30 (application of the 1981 Act) of the A47 North Tuddenham to Easton Development Consent Order 2022 in respect of the land to which the notice to treat relates.

(2) But see article 31(3) (acquisition of subsoil or airspace only) of the A47 North Tuddenham to Easton Development Consent Order 2022 which excludes the acquisition of subsoil or airspace only from this Schedule.

2.   In this Schedule, “house” includes any park or garden belonging to a house.

Counter-notice requiring purchase of land E+W+S

3.   A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the acquiring 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 E+W+S

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 acquiring authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”).

7.   If the acquiring authority decides to refer the counter-notice to the Upper Tribunal it must do so within the decision period.

8.   If the acquiring 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 acquiring 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 are included the owner’s interest in the house, building or factory.

Determination by the Upper Tribunal E+W+S

10.   On a 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 material 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 the 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 acquiring authority ought to be required to take.

13.   If the Upper Tribunal determines that the undertaker 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 acquiring authority ought to be required to take some or all of the house, building or factory, the acquiring authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes it determination withdraw the notice to treat in relation to that land.

(2) If the acquiring authority withdraws the notice to treat under this paragraph it must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawing of the notice.

15.   Any dispute as to the compensation is to be determined by the Upper Tribunal.”.

Commencement Information

I39 Sch. 6 para. 5 in force at 2.9.2022, see art. 1

Article 33

SCHEDULE 7 E+W+S LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

Commencement Information

I40 Sch. 7 in force at 2.9.2022, see art. 1

(1) Location	(2) Plot Reference Number shown on Land Plans	(3) Purpose for which temporary possession may be taken	(4) Relevant part of the authorised development
Norfolk County Council Parish of North Tuddenham	1/2h	Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: A47 mainline dual carriageway. New private access track.	1 and 3
Norfolk County Council Parish of North Tuddenham	1/2i	Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: New link road between Main Road and the existing A47 west of Hockering.	2 and 73
Norfolk County Council Parish of North Tuddenham	1/3a	Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: A47 mainline dual carriageway. New private access track.	1 and 3
Norfolk County Council Parish of North Tuddenham	1/4b	Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: A47 mainline dual carriageway.	1 and 3
Norfolk County Council Parish of North Tuddenham	2/2a	Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: New link road between Main Road and the existing A47 west of Hockering. Realignment of Lyng Road south-east of Poppy Wood.	2, 4 and 73
Norfolk County Council Parish of North Tuddenham	2/3b	Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: A47 mainline dual carriageway.	1 and 73
Norfolk County Council Parish of Hockering	2/4c	Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: New link road between Main Road and the existing A47 west of Hockering.	2 and 56
Norfolk County Council Parish of Hockering	2/5b	Material storage, management and processing area. Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: A47 mainline dual carriageway. Drainage basin, maintenance track and associated drainage. Stopping up Low Lane due to A47 mainline dual carriageway.	1, 5, 6 and 58
Norfolk County Council Parish of Hockering	2/5c	Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: A47 mainline dual carriageway. Stopping up Low Lane due to A47 mainline dual carriageway.	1 and 58
Norfolk County Council Parish of Hockering	2/7a	Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: Stopping up Low Lane due to A47 mainline dual carriageway.	1 and 58
Norfolk County Council Parish of Hockering	4/1a	Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: A47 mainline dual carriageway. Drainage basin and associated drainage maintenance access track.	1, 7, 9 and 74
Norfolk County Council Parish of Hockering	4/1d	Temporary compound for traffic management. Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: A47 mainline dual carriageway. Mattishall Lane Link Road and underbridge. New road between Main Road and existing A47 west of Hockering, including stopping up Low Lane and altering junction with the existing A47.	1, 2, 7, 9 and 59
Norfolk County Council Parish of Hockering	4/1e	Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcel: Mattishall Lane Link Road, connections to existing and realigned Mattishall Lane. Drainage basin plus associated drainage and maintenance access track.	1, 7, 8, 9 and 74
Norfolk County Council Parish of Hockering	4/1f	Material storage, management and processing area. Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcel: A47 mainline dual carriageway. Mattishall Lane Link Road and underbridge. New or upgraded footways on Mattishall Lane and the existing A47. Works to de-trunk the existing A47. Stopping up Mattishall Lane due to A47 mainline dual carriageway.	1, 9, 10, 60 and 74
Norfolk County Council Parish of Hockering	4/4b	Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: New link road between Main Road and the existing A47 west of Hockering.	2
Norfolk County Council Parish of Hockering	4/5a	Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: New link road between Main Road and the existing A47 west of Hockering.	2
Norfolk County Council Parish of Hockering	4/6a	Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: Realignment of Mattishall Lane to connect with the new Mattishall Lane Link Road. Stopping up parts of Mattishall Lane due to the A47 mainline dual carriageway.	1, 8, 9 and 74
Norfolk County Council Parish of Hockering	4/6e	Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: A47 mainline dual carriageway. New private access track between Mattishall Lane and Mill Lane.	1 and 11
Norfolk County Council Parish of Hockering	4/9a	Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: A47 mainline dual carriageway, plus noise barriers.	1
Norfolk County Council Parish of Hockering	5/1a	Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: A47 mainline dual carriageway. Drainage basin provision on adjoining land. New private access track between Mattishall Lane and Mill Lane.	1, 11 and 12
Norfolk County Council Parish of Hockering	5/5a	Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: A47 mainline dual carriageway, plus noise barriers.	1
Norfolk County Council Parish of Hockering	5/7b	Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: A47 mainline dual carriageway.	1
Norfolk County Council Parish of Hockering	5/9b	Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcel: A47 mainline dual carriageway.	1, 75 and 76
Norfolk County Council Parish of Hockering	5/9d	Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: A47 mainline dual carriageway.	1 and 76
Norfolk County Council Parish of Hockering	6/3b	Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: A47 mainline dual carriageway.	1, 13, 77 and 96
Norfolk County Council Parish of Hockering	6/10b	Material storage and processing area. Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: A47 mainline dual carriageway. Drainage basin, maintenance track and associated drainage. Newgate House culvert.	1, 14, 61 and 78
Norfolk County Council Parish of East Tuddenham	7/1j	Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: Installation of ducts, cables and apparatus for electronic communications operators. New road connecting the existing A47 east of Hockering with the Wood Lane junction northern dumbbell roundabout.	1, 17, 80 and 81
Norfolk County Council Parish of Hockering	7/3a	Material storage, management and processing area. Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: A47 mainline dual carriageway.	1 and 61
Norfolk County Council Parish of East Tuddenham	7/6c	Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: A47 mainline dual carriageway.	1, 79 and 80
Norfolk County Council Parish of East Tuddenham	7/6e	Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: A47 mainline dual carriageway.	1 and 79
Norfolk County Council Parish of East Tuddenham	8/1a	Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: Installation of ducts, cables and apparatus for electronic communications operators. New road connecting the existing A47 east of Hockering with A47 Wood Lane junction northern dumbbell roundabout.	17, 80 and 81
Norfolk County Council Parish of East Tuddenham	8/3a	Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: Installation of ducts, cables and apparatus for electronic communications operators. New road connecting the existing A47 east of Hockering with the Wood Lane junction northern dumbbell roundabout.	17, 80 and 81
Norfolk County Council Parish of East Tuddenham	8/3d	Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: A47 mainline dual carriageway. Wood Lane junction west bound on slip road.	1, 19, 82 and 83
Norfolk County Council Parish of East Tuddenham	8/3h	Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcel: A47 mainline dual carriageway.	1, 19, 80, 82 and 83
Norfolk County Council Parish of East Tuddenham	8/4b	Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcel: Diversion of surface water drainage.	16, 55 and 80
Norfolk County Council Parish of East Tuddenham	8/5a	Temporary compound, including material storage, management and processing area.	1, 62 and 63
Norfolk County Council Parish of East Tuddenham	8/6b	Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: Installation of ducts, cables and apparatus for electronic communications operators. New road connecting the existing A47 east of Hockering with A47 Wood Lane junction northern dumbbell roundabout.	17, 80 and 81
Norfolk County Council Parish of East Tuddenham	9/1a	Temporary compound, including material storage, management and processing area. Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: Wood Lane junction west bound on slip road. Wood Lane junction southern dumbbell roundabout, plus connecting road to existing A47 north of Honingham.	19, 22, 32, 62, 63 and 84
Norfolk County Council Parish of East Tuddenham	9/1c	Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: New River Tud outfall and surface water drainage channel for Wood Lane junction drainage.	22, 32 and 84
Norfolk County Council Parish of East Tuddenham	9/1n	Temporary storage, laydown areas, access and working space to support construction of Wood Lane junction southern dumbbell roundabout, plus connecting road to existing A47 north of Honingham.	22, 32 and 84
Norfolk County Council Parish of Honingham	9/6c	Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: Alteration of the existing A47, north of Honingham, between the new junctions with Dereham Road junction and new Hall Farm access track.	27, 28, 30 and 32
Norfolk County Council Parish of East Tuddenham	10/2b	Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: New road between the existing A47 east of Hockering and Wood Lane junction northern dumbbell roundabout. Realigning B1535 Wood Lane to tie into above new road.	17, 25 and 81
Norfolk County Council Parish of East Tuddenham	10/3a	Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: Realigned B1535 Wood Lane connection with new road between existing A47 east of Hockering and Wood Lane junction northern dumbbell roundabout.	17, 25 and 81
Norfolk County Council Parish of East Tuddenham Parish of Honingham	10/5c	Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: Realigned B1535 Wood Lane connection with new road between existing A47 east of Hockering and Wood Lane junction northern dumbbell roundabout.	25, 26a, 81 and 85
Norfolk County Council Parish of Honingham	10/5e	Material storage, management and processing area. Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: A47 mainline dual carriageway. A47 Wood Lane Junction and side road connections. New footway/cycleway track.	1, 20, 22, 23, 26, 64 and 84
Norfolk County Council Parish of Honingham	10/5f	Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: Wood Lane junction northern dumbbell roundabout. New road between existing A47 east of Hockering and Wood Lane junction northern dumbbell roundabout, plus realigned B1535 Wood Lane connection. New cycle track. Optional 50m carriageway and associated footways, embankment and approaches for Norwich Western Link.	17, 18, 20, 25, 26, 26a and 98
Norfolk County Council Parish of Honingham	11/1e	Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: A47 mainline dual carriageway. Maintenance access track to drainage basin.	1, 33, 34 and 88
Norfolk County Council Parish of Honingham	11/1f	Material storage, management and processing area. Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: A47 mainline dual carriageway. Hall Farm underpass and access track. New cycle track.	1, 26, 30, 31, 33 and 64
Norfolk County Council Parish of Honingham	11/1h	Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcel: A47 mainline dual carriageway. Hall Farm access track.	1, 33, 87 and 88
Norfolk County Council Parish of Honingham	11/3b	Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: Altering existing A47 between the Wood Lane junction southern dumbbell roundabout and existing Honingham roundabout. New Hall Farm access track junction with existing A47.	23, 30, 31, 32 and 86
Norfolk County Council Parish of Honingham	12/3b	Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: Attenuation pond and associated drainage connections and maintenance access track. A47 mainline dual carriageway.	1 and 34
Norfolk County Council Parish of Honingham	12/4b	Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: A47 mainline dual carriageway River Tud crossing	1, 35 and 36
Norfolk County Council Parish of Honingham	13/1a	Temporary compound. Material storage, management and processing area. Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: A47 mainline dual carriageway. Honingham church underpass. Alteration of existing A47 connection to Honingham roundabout. Side road connection between Honingham roundabout and Norwich Road junction southern dumbbell roundabout.	1, 32, 37, 38, 40, 42, 43, 65, 66 and 89
Norfolk County Council Parish of Honingham	13/1h	Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: A47 mainline dual carriageway. Replacement hardstanding area for the farmer. Honingham church underpass.	1, 37, 38 and 39
Norfolk County Council Parish of Honingham	14/4b	Temporary compound. Material storage, management and processing area. Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: A47 mainline dual carriageway. Norwich Road junction west bound on slip road. Side road connection between Honingham roundabout and Norwich Road junction southern dumbbell roundabout.	1, 40 and 43
Norfolk County Council Parish of Honingham	14/4e	Material storage, management and processing area. Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: Drainage basin and maintenance access track. Cycle track between Taverham Road and Church Lane, Easton Norwich Road junction northern dumbbell roundabout. Realigned Taverham Road connection to Norwich Road junction northern dumbbell roundabout. Norwich Road junction east bound on slip road.	41, 44, 47, 48, 51, 67 and 92
Norfolk County Council Parish of Honingham	14/4f	Material storage, management and processing area. Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: Norwich Road junction west bound off slip road Side road connection between Dereham Road, Easton, and Norwich Road junction southern dumbbell roundabout.	49, 50 and 58
Norfolk County Council Parish of Honingham	14/5a	Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: Side road connection between Honingham roundabout and Norwich Road junction southern dumbbell roundabout. Stopping up Blind Lane due to A1 mainline and Norwich Road junction slip roads and side road.	1, 40, 42 and 43
Norfolk County Council Parish of Honingham	14/6a	Temporary access and working space to support construction of the following in adjoining land parcels: Realignment of Taverham Road to connect with the proposed Norwich Road junction. Reconfiguration of the existing A47 connection to Taverham Road.	39, 47, 90 and 91
Norfolk County Council Parish of Honingham	14/8b	Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: Norwich Road junction southern dumbbell roundabout. Side road connection between Honingham roundabout and Norwich Road junction southern dumbbell roundabout. Side road connection between Dereham Road, Easton, and Norwich Road junction southern dumbbell roundabout. Stopping up Blind Lane due to A1 mainline and Norwich Road junction slip roads and side road.	1, 40, 42, 43, 46, 50 and 91
Norfolk County Council Parish of Honingham	15/1e	Material storage, management and processing area. Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: Norwich Road junction west bound off slip road New road between Norwich Road junction southern dumbbell roundabout and Dereham Road, Easton.	49, 50 and 68
Norfolk County Council Parish of Easton	15/4a	Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: A47 mainline dual carriageway. Norwich Road junction east bound on slip road. New cycle track linking Taverham Road and Church Lane, Easton.	1, 48, 51, 92 and 93
Norfolk County Council Parish of Easton	15/4d	Material storage, management and processing area. Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: A47 mainline dual carriageway. New cycle track linking Taverham Road and Church Lane, Easton.	1, 51, 69, 70, 93 and 94
Norfolk County Council Parish of Easton	15/5c	Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcel: A47 mainline dual carriageway. Norwich Road junction west bound off slip road. New road linking Dereham Road, Easton, with Norwich Road junction southern dumbbell roundabout.	1, 49, 50 and 92
Norfolk County Council Parish of Easton	16/1c	Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: New cycle track between Taverham Road and Church Lane, Easton. Alteration of Church Lane, Easton, north of the A47.	52, 53, 71, 72 and 95
Norfolk County Council Parish of Easton	16/5c	Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: Norwich Road junction side road connection to Dereham Road, Easton.	50, 51 and 52
Norfolk County Council Parish of Easton	16/6a	Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: Norwich Road junction side road connection to Dereham Road, Easton.	50, 51 and 52
Norfolk County Council Parish of Easton	16/7b	Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: Tying A47 mainline dual carriageway into existing A47 dual carriageway.	1
Norfolk County Council Parish of Easton	17/1c	Temporary storage, laydown areas, access and working space to support construction of the following in adjoining land parcels: Altering southern corner of Rotten Row and Church Lane junction with associated drainage alterations	54

Article 39

SCHEDULE 8 E+W+S REMOVAL OF HEDGEROWS

PART 1 E+W+S REMOVAL OF HEDGEROWS

Commencement Information

I41 Sch. 8 Pt. 1 in force at 2.9.2022, see art. 1

(1) Location of hedgerow	(2) Work to be carried out	(3) Relevant part of the authorised development
H49 to H50 shown on sheets 1 and 2 of the Hedgerow Plans	Partial removal	Work Nos. 2, 4 and 73
H51 to H52 shown on sheets 1 and 2 of the Hedgerow Plans	Full removal	Work Nos. 2 and 73
H57 to H57a shown on sheet 2 of the Hedgerow Plans	Full removal	Work Nos. 1 and 5
H61 to H62 shown on sheet 3 of the Hedgerow Plans	Partial removal	Work Nos. 2, 9 and 10
H1 to H2 shown on sheet 5 of the Hedgerow Plans	Partial removal	Work Nos. 1, 75 and 76
H3 to H4 shown on sheets 5 and 6 of the Hedgerow Plans	Partial removal	Work Nos. 1 and 77
H7 to H8 shown on sheet 6 of the Hedgerow Plans	Full removal	Work Nos. 1 and 14
H11 to H12 shown on sheets 6 and 7 of the Hedgerow Plans	Partial removal	Work Nos. 1and 61
H17 to H18 shown on sheets 7 and 8 of the Hedgerow Plans	Full removal	Work Nos. 1 and 80
H104 to H105 shown on sheet 8 of the Hedgerow Plans	Partial removal	Work Nos. 1, 17 and 18
H72 to H72a shown on sheet 9 of the Hedgerow Plans	Partial removal	Work Nos. 19, 22, 32 and 84
H82 to H83 shown on sheet 9 of the Hedgerow Plans	Partial removal	Work Nos. 27, 32 and 84
H74a to H75 shown on sheets 9 and 10 of the Hedgerow Plans	Full removal	Work Nos. 1, 21, 22 and 24
H49 to H50 shown on sheet 13 of the Hedgerow Plans	Partial removal	Work Nos. 1, 40 and 89
H37 to H38 shown on sheets 13 and 14 of the Hedgerow Plans	Partial removal	Work Nos. 40, 43 and 91
H90 to H91 shown on sheet 14 of the Hedgerow Plans	Full removal	Work Nos. 39, 41, 47, 90 and 91
H96 to H97 shown on sheet 15 of the Hedgerow Plans	Full removal	Work Nos. 1, 49, 92 and 95

PART 2 E+W+S REMOVAL OF IMPORTANT HEDGEROWS

Commencement Information

I42 Sch. 8 Pt. 2 in force at 2.9.2022, see art. 1

(1) Location of hedgerow	(2) Work to be carried out	(3) Relevant part of the authorised development
H53 to H54 shown on sheet 2 of the Hedgerow Plans	Partial removal	Work Nos. 2 and 4
H55 to H56 shown on sheet 2 of the Hedgerow Plans	Partial removal	Work Nos. 2 and 5
H57a to H58 shown on sheet 2 of the Hedgerow Plans	Full removal	Work Nos. 1 and 5
H59 to H60 shown on sheet 2 of the Hedgerow Plans	Full removal	Work No. 1
H63 to H64 shown on sheet 4 of the Hedgerow Plans	Full removal	Work No. 8
H5 to H6 shown on sheet 6 of the Hedgerow Plans	Partial removal	Work Nos. 1 and 13
H9 to H10 shown on sheet 6 of the Hedgerow Plans	Partial removal	Work Nos. 1
H13 to H14 shown on sheet 7 of the Hedgerow Plans	Full removal	Work Nos. 1 and 80
H15 to H16 shown on sheet 7 of the Hedgerow Plans	Full removal	Work Nos. 1, 15, 16 and 80
H65 to H66 shown on sheet 7 of the Hedgerow Plans	Partial removal	Work No. 1
H70 to H71 shown on sheet 9 of the Hedgerow Plans	Partial removal	Work No. 62
H72a to H73 shown on sheet 9 of the Hedgerow Plans	Partial removal	Work Nos. 32 and 84
H76 to H77 shown on sheet 9 of the Hedgerow Plans	Partial removal	Work Nos. 32 and 84
H78 to H79 shown on sheet 9 of the Hedgerow Plans	Partial removal	Work Nos. 28, 32 and 84
H74 to H74a shown on sheet 10 of the Hedgerow Plans	Full removal	Work Nos. 17, 18, 20, 21 25, 26a, 81 and 85
H80 to H81 shown on sheet 10 of the Hedgerow Plans	Partial removal	Work Nos. 26a, 84 and 98
H21 to H22 shown on sheets 9 and 10 of the Hedgerow Plans	Full removal	Work Nos. 1, 17, 20, 21 and 85
H23 to H24 shown on sheets 9 and 10 of the Hedgerow Plans	Partial removal	Work Nos. 1, 23, 26, 64 and 84
H19 to H20 shown on sheet 10 of the Hedgerow Plans	Partial removal	Work Nos. 25, 26a and 85
H25 to H26 shown on sheet 11 of the Hedgerow Plans	Partial removal	Work Nos. 1, 23, 26, 30 and 86
H27 to H28 shown on sheet 11 of the Hedgerow Plans	Partial removal	Work Nos. 1, 33, 64, 87 and 97
H29 to H30 shown on sheet 11 of the Hedgerow Plans	Full removal	Work Nos. 1, 33, 87 and 97
H84 to H85 shown on sheet 11 of the Hedgerow Plans	Full removal	Work Nos. 1, 31 and 33
H86 to H87 shown on sheet 11 of the Hedgerow Plans	Partial removal	Work Nos. 1 and 33
H31 to H32 shown on sheets 11 and 12 of the Hedgerow Plans	Partial removal	Work Nos. 1 and 88
H33 to H34 shown on sheets 11 and 12 of the Hedgerow Plans	Partial removal	Work Nos. 1, 88 and 97
H35 to H36 shown on sheet 13 of the Hedgerow Plans	Partial removal	Work Nos. 1, 40, 42, 43 and 89
H39 to H40 shown on sheet 14 of the Hedgerow Plans	Partial removal	Work Nos. 1, 40, 42 and 43
H91 to H92 shown on sheet 14 of the Hedgerow Plans	Partial removal	Work Nos. 41, 47 and 90
H93 to H94 shown on sheet 14 of the Hedgerow Plans	Full removal	Work Nos. 1, 42 and 91
H41 to H42 shown on sheet 14 of the Hedgerow Plans	Full removal	Work Nos. 1, 40, 42, 43, 90, 91 and 92
H43 to H44 shown on sheets 14 and 15 of the Hedgerow Plans	Partial removal	Work Nos. 40 and 91
H95 to H96 shown on sheets 14 and 15 of the Hedgerow Plans	Full removal	Work Nos. 1, 41, 47, 48, 51, 92 and 99
H102 to H103 shown on sheets 14 and 15 of the Hedgerow Plans	Full removal	Work Nos. 1, 41, 44, 47, 48, 49, 50 and 92
H45 to H46 shown on sheet 15 of the Hedgerow Plans	Partial removal	Work Nos. 49 and 50
H47 to H48 shown on sheet 15 of the Hedgerow Plans	Partial removal	Work Nos. 1, 51 and 95
H98 to H99 shown on sheet 15 of the Hedgerow Plans	Partial Removal	Work Nos. 1, 48, 51, 92 and 99
H100 to H101 shown on sheet 15 of the Hedgerow Plans	Partial removal	Work Nos. 1, 51, 69, 70, 92 and 99

Article 35 and 49

SCHEDULE 9 E+W+S PROTECTIVE PROVISIONS

PART 1 E+W+S FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWAGE UNDERTAKERS

1.  For the protection of the utility undertakers referred to in this Part of this Schedule the following provisions have effect, unless otherwise agreed in writing between the undertaker and the utility undertaker concerned. E+W+S

Commencement Information

I43 Sch. 9 para. 1 in force at 2.9.2022, see art. 1

2.  In this Part of this Schedule— E+W+S

“alternative apparatus” means alternative apparatus adequate to enable the utility undertaker in question to fulfil its statutory functions in a manner no less efficient than previously;

“apparatus” means—

(a)

in the case of an electricity undertaker, electric lines or electrical plant (as defined in the Electricity Act 1989(15), belonging to or maintained by that utility undertaker;

(b)

in that case of a gas undertaker, any mains, pipes or other apparatus belonging to or maintained by a gas transporter within the meaning of Part 1 of the Gas Act 1986(16) for the purposes of gas supply;

(c)

in the case of water undertaker, mains, pipes or other apparatus belonging to or maintained by that utility undertaker for the purposes of water supply; and

(d)

in the case of a sewerage undertaker—

(i)

any drain or works vested in the utility undertaker under the Water Industry Act 1991(17); and

(ii)

any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) (adoption of sewers and disposal works) of that Act or an agreement to adopt made under section 104 (agreement to adopt sewers, drains or sewage disposal works at future date) of that Act(18),

and includes a sludge main, disposal main (within the meaning of section 219 (general interpretation) 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 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;

“plan” include 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; and

“utility undertaker” means—

(a)

any licence holder within the meaning of Part 1 of the Electricity Act 1989;

(b)

a gas transporter within the meaning of Part 1 of the Gas Act 1986;

(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 utility undertaker to whom it belongs or by whom it is maintained.

Commencement Information

I44 Sch. 9 para. 2 in force at 2.9.2022, see art. 1

On street apparatus E+W+S

3.  This Part of this Schedule does not apply to apparatus in respect of which the relations between the undertaker and the utility undertaker are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act.

Commencement Information

I45 Sch. 9 para. 3 in force at 2.9.2022, see art. 1

Apparatus in stopped up streets E+W+S

4.—(1) Where any street is stopped up under article 16 (permanent stopping up and restriction of use of streets and private means of access), any utility undertaker whose apparatus is in the street has the same powers and rights in respect of that apparatus as it enjoyed immediately before the stopping up and the undertaker must grant to the utility undertaker legal easements reasonably satisfactory to the utility undertaker in respect of such apparatus and access to it, but nothing in this paragraph affects any right of the undertaker or of the utility undertaker to require the removal of that apparatus under paragraph 7 or the power of the undertaker to carry out works under paragraph 9.

(2) Regardless of the temporary stopping up or diversion of any highway under the powers conferred by article 15 (temporary stopping up and restriction of use of streets), a utility undertaker 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 stopping up or diversion was in that highway.

Commencement Information

I46 Sch. 9 para. 4 in force at 2.9.2022, see art. 1

Protective works to buildings E+W+S

5.  The undertaker, in the case of the powers conferred by article 21 (protective work to buildings), must exercise those powers so as not to obstruct or render less convenient the access to any apparatus.

Commencement Information

I47 Sch. 9 para. 5 in force at 2.9.2022, see art. 1

Acquisition of land E+W+S

6.  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.

Commencement Information

I48 Sch. 9 para. 6 in force at 2.9.2022, see art. 1

Removal of apparatus E+W+S

7.—(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 the utility undertaker’s apparatus is relocated or diverted, that apparatus must not be removed under this Part of this Schedule, and any right of a utility 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 utility undertaker in question in accordance with sub-paragraphs (2) to (6).

(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 the utility undertaker in question 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 a utility undertaker reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to the utility undertaker 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, the utility 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 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 the utility undertaker in question and the undertaker or in default of agreement settled by arbitration in accordance with article 52 (arbitration).

(5) The utility undertaker in question must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 52 (arbitration), and after the grant to the utility undertaker of any such facilities and rights as are referred to in sub-paragraph (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 the undertaker gives notice in writing to the utility undertaker in question that the undertaker desires itself to execute any work, or part of any work in connection with the construction or removal of apparatus in any land of the undertaker, that work, instead of being executed by the utility undertaker, must be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the utility undertaker.

Commencement Information

I49 Sch. 9 para. 7 in force at 2.9.2022, see art. 1

Facilities and rights for alternative apparatus E+W+S

8.—(1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to a utility undertaker 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 the utility undertaker in question or in default of agreement settled by arbitration in accordance with article 52 (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 the utility undertaker in question 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 that utility undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

Commencement Information

I50 Sch. 9 para. 8 in force at 2.9.2022, see art. 1

Retained apparatus E+W+S

9.—(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 the removal of which has not been required by the undertaker under paragraph 7(2), the undertaker must submit to the utility undertaker in question a plan of the works to be executed.

(2) Those works must be executed only in accordance with the plan submitted under subparagraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by the utility undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the utility undertaker is entitled to watch and inspect the execution of those works.

(3) Any requirements made by a utility undertaker under sub-paragraph (2) are to be made within a period of 21 days beginning with the date on which a plan under sub-paragraph (1) is submitted to it.

(4) If a utility 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 3 and 6 to 8 apply as if the removal of the apparatus had been required by the undertaker under paragraph 7(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 (5) in a case of emergency but in that case it must give to the utility undertaker in question 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.

(7) In relation to works which will or may be situated on, over, under or within 10 metres measured in any direction of any electricity apparatus, or involve embankment works within 10 metres of any electricity apparatus, the plan to be submitted to the utility undertaker under subparagraph (1) must be detailed, include a method statement and describe—

(a) the exact position of the works;

(b) the level at which they are proposed to be constructed or renewed;

(c) the manner of their construction or renewal;

(d) the position of all electricity apparatus; and

(e) by way of detailed drawings, every alteration proposed to be made to such apparatus.

Commencement Information

I51 Sch. 9 para. 9 in force at 2.9.2022, see art. 1

Expenses and costs E+W+S

10.—(1) Subject to the following provisions of this paragraph, the undertaker must repay to a utility undertaker all expenses reasonably incurred by that utility undertaker 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 paragraph 7(2).

(2) The value of any apparatus removed under the provisions of this Part of this Schedule must 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 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 52 (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 utility undertaker in question 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 must 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 must 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 a utility undertaker in respect of works by virtue of sub-paragraph (1), if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the utility undertaker any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, is to be reduced by the amount which represents that benefit.

Commencement Information

I52 Sch. 9 para. 10 in force at 2.9.2022, see art. 1

11.—(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any such works referred to in paragraphs 5 or 7(2) 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 a utility undertaker, or there is any interruption in any service provided, or in the supply of any goods, by any utility undertaker, the undertaker must—

(a) bear and pay the cost reasonably incurred by that utility undertaker in making good such damage or restoring the supply; and

(b) make reasonable compensation to that utility undertaker for any other expenses, loss, damages, penalty or costs incurred by the utility undertaker,

by reason or in consequence of any such damage or interruption.

(2) The fact that any act or thing may have been done by a utility undertaker on behalf of the undertaker or in accordance with a plan approved by a utility undertaker or in accordance with any requirement of a utility undertaker or under its supervision does not, subject to sub-paragraph (3), excuse the undertaker from liability under the provisions of sub-paragraph (1).

(3) 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 act, neglect or default of a utility undertaker, its officers, servants, contractors or agents.

(4) A utility undertaker 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 and, if such consent is withheld, has the sole conduct of any settlement or compromise of any proceedings necessary to resist the claim or demand.

Commencement Information

I53 Sch. 9 para. 11 in force at 2.9.2022, see art. 1

Cooperation E+W+S

12.  Where in consequence of the proposed construction of any part of the authorised development, the undertaker or a utility undertaker requires the removal of apparatus under paragraph 7(2) or a utility undertaker makes requirements for the protection or alteration of apparatus under paragraph 9, the undertaker must 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 the utility undertaker’s undertaking and each utility undertaker must use its best endeavours to co- operate with the undertaker for that purpose.

Commencement Information

I54 Sch. 9 para. 12 in force at 2.9.2022, see art. 1

13.  Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and a utility undertaker in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.

Commencement Information

I55 Sch. 9 para. 13 in force at 2.9.2022, see art. 1

PART 2 E+W+S FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

14.  For the protection of any operator, the following provisions have effect, unless otherwise agreed in writing between the undertaker and the operator. E+W+S

Commencement Information

I56 Sch. 9 para. 14 in force at 2.9.2022, see art. 1

15.  In this Part of this Schedule— E+W+S

“the 2003 Act” means the Communications Act 2003(19);

“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 (electronic communications, networks and services) of Part 2 of the 2003 Act(20);

“electronic communications code network” means—

(a)

so much of an electronic communications network or infrastructure 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 (application of the electronic communications code) of the 2003 Act; and

(b)

an electronic communications network which the undertaker 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;

“infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7(2) of that code; and

“operator” means the operator of an electronic communications code network.

Commencement Information

I57 Sch. 9 para. 15 in force at 2.9.2022, see art. 1

16.  The exercise of the powers conferred by article 35 (statutory undertakers) is subject to Part 10 (undertakers works affecting electronic communications apparatus) the electronic communications code in the 2003 Act. E+W+S

Commencement Information

I58 Sch. 9 para. 16 in force at 2.9.2022, see art. 1

17.—(1) Subject to sub-paragraphs (2) to (4), if as the result of the authorised development or its construction, or of any subsidence resulting from any of those works— E+W+S

(a) 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; or

(b) there is any interruption in the supply of the service provided by an operator,

the undertaker must bear and pay the cost reasonably incurred by the operator in making good such damage or restoring the supply and make reasonable compensation to that operator for any other expenses, loss, damages, penalty or costs incurred by it, by reason, or in consequence of, any such damage or interruption.

(2) 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 act, neglect or default of an operator, its officers, servants, contractors or agents.

(3) The operator must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise of the claim or demand is to be made without the consent of the undertaker which, if it withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

(4) Any difference arising between the undertaker and the operator under this Part of this Schedule must be referred to and settled by arbitration under article 52 (arbitration).

(5) 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 (street works in England and Wales) of the 1991 Act; or

(b) any damages, or any interruption, caused by electro-magnetic interference arising from the construction or use of the authorised development.

(6) 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.

Commencement Information

I59 Sch. 9 para. 17 in force at 2.9.2022, see art. 1

PART 3 E+W+S FOR THE PROTECTION OF NATIONAL GRID AS GAS UNDERTAKER

Application E+W+S

18.—(1) For the protection of National Grid as referred to in this Part of this Schedule the following provisions have effect, unless otherwise agreed in writing between the undertaker and National Grid.

(2) Subject to sub-paragraph (3) or to the extent otherwise agreed in writing between the undertaker and National Grid, where the benefit of this Order is transferred or granted to another person under article 10 (consent to transfer benefit of Order)—

(a) any agreement of the type mentioned in sub-paragraph (1) has effect as if it had been made between National Grid and the transferee or grantee (as the case may be); and

(b) written notice of the transfer or grant must be given to National Grid on or before the date of that transfer or grant.

(3) Sub-paragraph (2) does not apply where the benefit of the Order is transferred or granted to National Grid (but see paragraph 28(3)(b)).

Commencement Information

I60 Sch. 9 para. 18 in force at 2.9.2022, see art. 1

Interpretation E+W+S

19.  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 reasonable satisfaction of National Grid to enable National Grid to fulfil its statutory functions in a manner no less efficient than previously;

“apparatus” means any gas mains, pipes, pressure governors, ventilators, cathodic protections, cables or other apparatus belonging to or maintained by National Grid for the purposes of gas supply together with any replacement apparatus and such other apparatus constructed pursuant to the Order that becomes operational apparatus of National Grid for the purposes of transmission, distribution or supply 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(1) of this 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;

“commence” and “commencement” in paragraph 26 and 28 of this Part of this Schedule includes any below ground surveys, monitoring, ground work operations or the receipt and erection of construction plant and equipment,

“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 or replace existing easements, agreements, 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 National Grid (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, requires the undertaker to submit for National Grid’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” includes the ability and right to do any of the following in relation to any apparatus or alternative apparatus of National Grid including construct, use, repair, alter, inspect, renew or remove the apparatus;

“National Grid” means National Grid Gas Plc or any successor as a gas transporter within the meaning of Part 1 of the Gas Act 1986 as the context requires;

“plan” or “plans” include all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe and assess the works to be executed;

“specified works” means any of the authorised works or activities undertaken in association with the authorised works which:

(a)

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 paragraph 24(2) or otherwise; or

(b)

may in any way adversely affect any apparatus the removal of which has not been required by the undertaker under paragraph 24(2) or otherwise.

Commencement Information

I61 Sch. 9 para. 19 in force at 2.9.2022, see art. 1

20.  Except for paragraphs 21 (apparatus in stopped up streets), 26 (retained apparatus: protection), 27 (expenses) and 28 (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 National Grid, the other provisions of this Schedule do not apply to apparatus in respect of which the relations between the undertaker and National Grid are regulated by the provisions of Part 3 of the 1991 Act.

Commencement Information

I62 Sch. 9 para. 20 in force at 2.9.2022, see art. 1

Apparatus of National Grid in stopped up streets E+W+S

21.—(1) Where any street is stopped up under article 16 (permanent stopping up and restriction of use of streets and private means of access), if National Grid has any apparatus in the street or accessed via that street National Grid has the same rights in respect of that apparatus as it enjoyed immediately before the stopping up and the undertaker must grant to National Grid, or procure the granting to National Grid of, legal easements reasonably satisfactory to National Grid in respect of such apparatus and access to it prior to the stopping up of any such street but nothing in this paragraph affects any right of the undertaker or National Grid to require the removal of that apparatus under paragraph 24 or the power of the undertaker, subject to compliance with this sub-paragraph, to carry out works under paragraph 26.

(2) Notwithstanding the temporary alteration, diversion or restriction of any highway under the powers of article 15 (temporary stopping up and restriction of use of streets), National Grid will be at liberty at all times to take all necessary access across any such street and to execute and do all such works and things in, upon or under any such street as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the alteration, diversion or restriction was in that street.

Commencement Information

I63 Sch. 9 para. 21 in force at 2.9.2022, see art. 1

Protective works to buildings E+W+S

22.  The undertaker must exercise the powers conferred by article 21 (protective work to buildings) so as not to obstruct or render less convenient the access to any apparatus without the written consent of National Grid (such consent not to be unreasonably withheld).

Commencement Information

I64 Sch. 9 para. 22 in force at 2.9.2022, see art. 1

Acquisition of land E+W+S

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

(2) As a condition of an 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 National Grid and the undertaker) 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 undertaker in respect of any apparatus laid or erected in land belonging to or secured by the undertaker, the undertaker 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 undertaker 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 undertaker to procure and 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 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 26or any other paragraph of this Part of this Schedule, is not to be taken to constitute agreement under sub-paragraph (1).

Commencement Information

I65 Sch. 9 para. 23 in force at 2.9.2022, see art. 1

Removal of apparatus E+W+S

24.—(1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in or possesses temporarily any land in which any apparatus is placed, that apparatus must not be removed under this Part of this Schedule and any right of National Grid 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 National Grid in accordance with sub-paragraph (2) to (5).

(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 National Grid advance 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 National Grid reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to National Grid to its reasonable satisfaction (taking into account paragraph 25(1)) the necessary facilities and rights—

(a) for the construction of alternative apparatus in other land of, or secured by, the undertaker; and

(b) 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 or land secured by 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, National Grid must, 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 obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed save that this obligation does not extend to the requirement for National Grid to use its compulsory purchase powers to this end unless it 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 National Grid and the undertaker.

(5) National Grid must, after the alternative apparatus to be provided or constructed has been agreed, and subject to the grant to National Grid of any such facilities and rights as are referred to in sub-paragraph (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.

Commencement Information

I66 Sch. 9 para. 24 in force at 2.9.2022, see art. 1

Facilities and rights for alternative apparatus E+W+S

25.—(1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to or secures for National Grid facilities and rights in land for the construction, use, maintenance and protection of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and National Grid and must be no less favourable on the whole to National Grid than the facilities and rights enjoyed by it in respect of the apparatus to be removed unless otherwise agreed by National Grid.

(2) If the facilities and rights to be afforded by the undertaker under 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 National Grid 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 matter may be referred to arbitration in accordance with paragraph 32 (Arbitration) of this Part of this Schedule and the arbitrator must make such provision for the payment of compensation by the undertaker to National Grid as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

Commencement Information

I67 Sch. 9 para. 25 in force at 2.9.2022, see art. 1

Retained apparatus: protection of gas undertaker E+W+S

26.—(1) Not less than 56 days before the commencement of any specified works the undertaker must submit to National Grid a plan and, if reasonably required by National Grid, a ground monitoring scheme in respect of those works.

(2) The plan to be submitted to National Grid 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) The undertaker must not commence any specified works until National Grid has given written approval of the plan so submitted.

(4) Any approval of National Grid required under sub-paragraph (3)—

(a) may be given subject to reasonable conditions for any purpose mentioned in sub-paragraphs (5) or (7) ; and,

(b) must not be unreasonably withheld or delayed.

(5) National Grid 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 for the provision of protective works or for the purpose of providing or securing proper and convenient means of access to any apparatus.

(6) Specified works must only be executed in accordance with—

(a) the plan, submitted under sub-paragraph (1), as approved or as amended from time to time by agreement between the undertaker and National Grid; and

(b) such reasonable requirements as may be made in accordance with sub-paragraphs (5) or (7) by National Grid for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and National Grid will be entitled to watch and inspect the execution of those works.

(7) Where under sub-paragraph (6) National Grid requires any protective works to be carried out by itself or by the undertaker such protective works (whether of a temporary or permanent nature) must be carried out to National Grid’s satisfaction prior to the commencement of any specified works for which protective works are required and National Grid must give notice of its requirement for such works within 42 days of the date of submission of a plan pursuant to this paragraph (except in an emergency).

(8) If National Grid in accordance with sub-paragraphs (5) or (7) 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 18 to 20 and 23 to 25 apply as if the removal of the apparatus had been required by the undertaker under paragraph 24(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 specified 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) As soon as reasonably practicable after any ground subsidence event attributable to the authorised works—

(a) the undertaker must implement an appropriate ground mitigation scheme; and

(b) National Grid 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 28.

(11) The undertaker is not be required to comply with sub-paragraph (1) where it needs to carry out emergency works but in that case it must give to National Grid notice as soon as is reasonably practicable and a plan of those works and must comply with sub-paragraphs (5), (6) and (7) insofar as is reasonably practicable in the circumstances.

(12) In sub-paragraph (11), “emergency works” means works whose execution at the time when they are executed is required in order to put an end to, or to prevent the occurrence of, circumstances then existing or imminent (or which the person responsible for the works believes on reasonable grounds to be existing or imminent) which are likely to cause danger to persons or property.

Commencement Information

I68 Sch. 9 para. 26 in force at 2.9.2022, see art. 1

Expenses E+W+S

27.—(1) Subject to the following provisions of this paragraph, the undertaker must pay to National Grid within 30 days of receipt of an itemised invoice or claim from National Grid all charges, costs and expenses reasonably anticipated within the following three months or reasonably and properly incurred by National Grid 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 including without limitation—

(a) any costs reasonably incurred by or compensation properly paid by National Grid in connection with the acquisition of rights or the exercise of statutory powers for such apparatus including without limitation all costs incurred by National Grid as a consequence of National Grid;

(i) using its own compulsory purchase powers to acquire any necessary rights under paragraph 24(3); or

(ii) exercising any compulsory purchase powers in the Order transferred to or benefitting National Grid;

(b) in connection with the cost of the carrying out of any diversion work or the provision of any alternative apparatus, where no written diversion agreement is otherwise in place;

(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.

(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 paragraph 32 (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 National Grid by virtue of sub-paragraph (1) will be reduced by the amount of that excess save to the extent that it is not possible in the circumstances 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) Any amount which apart from this sub-paragraph would be payable to National Grid 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 7 years and 6 months earlier so as to confer on National Grid 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.

Commencement Information

I69 Sch. 9 para. 27 in force at 2.9.2022, see art. 1

Indemnity E+W+S

28.—(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any works authorised by this Part of this Schedule 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 National Grid, or there is any interruption in any service provided, or in the supply of any goods, by National Grid, or National Grid becomes liable to pay any amount to any third party, the undertaker will—

(a) bear and pay on demand accompanied by an invoice or claim from National Grid the cost reasonably and properly incurred by National Grid in making good such damage or restoring the supply; and

(b) indemnify National Grid for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from National Grid, by reason or in consequence of any such damage or interruption or National Grid becoming liable to any third party as aforesaid other than arising from any default of National Grid.

(2) The fact that any act or thing may have been done by National Grid on behalf of the undertaker or in accordance with a plan approved by National Grid or in accordance with any requirement of National Grid or under its supervision will not (unless sub-paragraph (3) applies), excuse the undertaker from liability under the provisions of this sub-paragraph (1) unless National Grid 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) imposes 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 National Grid, its officers, servants, contractors or agents;

(b) any part of the authorised works carried out by National Grid in the exercise of any functions conferred by this Order pursuant to a grant or transfer under article 9 (consent to transfer benefit of Order).

(4) National Grid must give the undertaker reasonable notice of any such third party claim or demand and no settlement, admission of liability or compromise must, unless payment is required in connection with a statutory compensation scheme, be made without first consulting the undertaker and considering their representations.

(5) National Grid must, in respect of any matter covered by the indemnity given by the undertaker in this paragraph, at all times act reasonably and in the same manner as it would as if settling third party claims on its own behalf from its own funds.

(6) National Grid must use its reasonable endeavours to mitigate and to minimise any costs, expenses, loss, demands, and penalties to which the indemnity under this paragraph applies where it is within National Grid’s reasonable ability and control to do so and which expressly excludes any obligation to mitigate liability arising from third parties which is outside of National Grid’s control and if reasonably requested to do so by the undertaker National Grid must provide an explanation of how the claim has been minimised, where relevant.

Commencement Information

I70 Sch. 9 para. 28 in force at 2.9.2022, see art. 1

Enactments and agreements E+W+S

29.  Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and National Grid in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.

Commencement Information

I71 Sch. 9 para. 29 in force at 2.9.2022, see art. 1

Co-operation E+W+S

30.—(1) Where in consequence of the proposed construction of any part of the authorised works, the undertaker or National Grid requires the removal of apparatus under paragraph 24(2) or National Grid makes requirements for the protection or alteration of apparatus under paragraph 26, the undertaker must 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 works and taking into account the need to ensure the safe and efficient operation of National Grid’s undertaking and National Grid must use its best endeavours to co-operate with the undertaker for that purpose.

(2) For the avoidance of doubt whenever the undertaker’s or National Grid’s consent, agreement or approval is required in relation to plans, documents or other information submitted under this schedule, or agreement is required to be reached between the parties under this schedule, it must not be unreasonably withheld or delayed.

Commencement Information

I72 Sch. 9 para. 30 in force at 2.9.2022, see art. 1

Access E+W+S

31.  If in consequence of the agreement reached in accordance with paragraph 23(1) or the powers granted under this Order the access to any apparatus is materially obstructed, the undertaker must provide such alternative means of access to such apparatus as will enable National Grid to maintain or use the apparatus no less effectively than was possible before such obstruction.

Commencement Information

I73 Sch. 9 para. 31 in force at 2.9.2022, see art. 1

Arbitration E+W+S

32.  Save for differences or disputes arising under paragraph 24(2), 24(4) and 25(1), any difference or dispute arising between the undertaker and National Grid under this Part of this Schedule must, unless otherwise agreed in writing between the undertaker and National Grid, be determined by arbitration in accordance with article 52 (arbitration).

Commencement Information

I74 Sch. 9 para. 32 in force at 2.9.2022, see art. 1

Notices E+W+S

33.  Notwithstanding article 51 (service of notices), any plans submitted to National Grid by the undertaker pursuant to paragraph 26 must be sent to https://lsbud.co.uk/ and National Grid Plant Protection at [e-mail] or such other address as National Grid may from time to time appoint instead for that purpose and notify to the undertaker in writing.

Commencement Information

I75 Sch. 9 para. 33 in force at 2.9.2022, see art. 1

PART 4 E+W+S FOR THE PROTECTION OF ANGLIAN WATER

Application E+W+S

34.  For the protection of Anglian Water, the following provisions have effect, unless otherwise agreed in writing between the undertaker and Anglian Water.

Commencement Information

I76 Sch. 9 para. 34 in force at 2.9.2022, see art. 1

Interpretation E+W+S

35.  In this part of this Schedule –

“1991 Act” means the New Roads and Street Works Act 1991;

“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;

“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 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

(d)

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 shall 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.

Commencement Information

I77 Sch. 9 para. 35 in force at 2.9.2022, see art. 1

On street apparatus E+W+S

36.  This Part of this Schedule does not apply to apparatus in respect of which the relations between the undertaker and Anglian Water are regulated by the provisions of Part 3 of the 1991 Act.

Commencement Information

I78 Sch. 9 para. 36 in force at 2.9.2022, see art. 1

Apparatus in stopped up streets E+W+S

37.—(1) Where any street is stopped up under article 16 (permanent stopping up and restriction of use of streets and private means of access), 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 stopping up and the undertaker must grant to Anglian Water legal easements reasonably satisfactory to Anglian Water in respect of such apparatus and access to it, but nothing in this paragraph affects any right of the undertaker or of Anglian Water to require the removal of that apparatus under paragraph 40 or the power of the undertaker to carry out works under paragraph 42.

(2) Regardless of the temporary stopping up or diversion of any highway under the powers conferred by article 15 (temporary stopping up and restriction of the use of streets), 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 stopping up or diversion was in that highway.

Commencement Information

I79 Sch. 9 para. 37 in force at 2.9.2022, see art. 1

Protective works to buildings E+W+S

38.  The undertaker, in the case of the powers conferred by article 21 (protective work to buildings), must exercise those powers so as not to obstruct or render less convenient the access to any apparatus.

Commencement Information

I80 Sch. 9 para. 38 in force at 2.9.2022, see art. 1

Acquisition of land E+W+S

39.  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.

Commencement Information

I81 Sch. 9 para. 39 in force at 2.9.2022, see art. 1

Removal of apparatus E+W+S

40.—(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 (without the prior written consent of Anglian Water) be extinguished, until:

(a) alternative apparatus has been constructed and is in operation to the reasonable satisfaction of Anglian Water in accordance with sub-paragraphs (2) to (8); and

(b) facilities and rights have been secured for that alternative apparatus in accordance with paragraph 41.

(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 52 (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 52 (arbitration), 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) Notice under sub-paragraph (6) that Anglian Water desires the undertaker to execute any work, or part of any work, must be given within 14 days of agreement under sub-paragraph (4) or, in default of agreement, within 14 days of the date of settlement by arbitration under sub-paragraph (4).

(8) 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 shall remain the sole responsibility of Anglian Water or its contractors.

(9) Whenever alternative apparatus is to be or is being substituted for existing apparatus, the undertaker shall, 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.

Commencement Information

I82 Sch. 9 para. 40 in force at 2.9.2022, see art. 1

Facilities and rights for alternative apparatus E+W+S

41.—(1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to a utility undertaker 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 52 (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 Environmental Permitting Regulations 2010 or other legislation.

Commencement Information

I83 Sch. 9 para. 41 in force at 2.9.2022, see art. 1

Retained apparatus E+W+S

42.—(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 40(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.

(3) Any requirements made by Anglian Water under sub-paragraph (2) must be made within a period of 21 days beginning with the date on which a plan under sub-paragraph (1) is submitted to it.

(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 (8) apply as if the removal of the apparatus had been required by the undertaker under paragraph 40(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 and will 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), 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) 2.25 metres where the diameter of the pipe is less than 150 millimetres;

(b) 3 metres where the diameter of the pipe is between 150 and 450 millimetres

(c) 4.5 metres where the diameter of the pipe is between 451 and 750 millimetres; and

(d) 6 metres where the diameter of the pipe exceeds 750 millimetres.

Commencement Information

I84 Sch. 9 para. 42 in force at 2.9.2022, see art. 1

Expenses and costs E+W+S

43.—(1) Subject to the following provisions of this paragraph, the undertaker must repay to Anglian Water all expenses reasonably 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 the Schedule.

(2) There must be deducted from any sum payable under subparagraph (1) the value of any apparatus removed under the provisions of this Part of this Schedule 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 52 (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), if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 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, is to be reduced by the amount which represents that benefit.

Commencement Information

I85 Sch. 9 para. 43 in force at 2.9.2022, see art. 1

44.—(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any such works referred to in paragraphs 38 or 40(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 consequence of any such damage or interruption.

(2) 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 (3), 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.

(3) 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 act, neglect or default of Anglian Water, its officers, servants, contractors or agents.

(4) 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.

Commencement Information

I86 Sch. 9 para. 44 in force at 2.9.2022, see art. 1

Cooperation E+W+S

45.  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 40(2) or Anglian Water makes requirements for the protection or alteration of apparatus under sub-paragraph (9), the undertaker must use all 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 and Anglian Water must use all reasonable endeavours to co-operate with the undertaker for that purpose.

Commencement Information

I87 Sch. 9 para. 45 in force at 2.9.2022, see art. 1

46.  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 shall inform Anglian Water of the existence and location of the apparatus as soon as reasonably practicable.

Commencement Information

I88 Sch. 9 para. 46 in force at 2.9.2022, see art. 1

47.  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.

Commencement Information

I89 Sch. 9 para. 47 in force at 2.9.2022, see art. 1

48.  Any time period in which an action must be taken in this part of the Schedule may be amended by written agreement between the undertaker and Anglian Water.

Commencement Information

I90 Sch. 9 para. 48 in force at 2.9.2022, see art. 1

Articles 2 and 50

SCHEDULE 10 E+W+S DOCUMENTS, ETC. TO BE CERTIFIED

Commencement Information

I91 Sch. 10 in force at 2.9.2022, see art. 1

(1) Document	(2) Document Reference	(3) Revision
EMP (First Iteration)	TR010038/APP/7.4	Revision 1 [REP7-035]
Environmental statement Chapter 2 Figures 7.1 to 7.5	TR010038/APP/6.1 – 6/3	Revision 0 [APP-040, APP-042 to APP-044, APP-046 to APP-047, APP-049 to APP-052, APP-055 to APP-059, APP-061 to APP-093, APP-095 to APP-133] Revision 1 [AS-005] Revision 1 [REP2-012] Revision 1 [REP3-012] Revision 1 [REP7-006] Revision 1 [REP3-014] Revision 1 [REP6-030] Revision 1 [REP7-008]
Book of Reference	TR010038/APP/4.3	Revision 4 [REP9-013]
Land plans	TR010038/APP/2.3	Revision 2 [REP5-002]
Special category land plans	TR010038/APP/2.10	Revision 0 [APP-013]
Environmental masterplan	TR010038/APP/6.8	Revision 4 [REP8-011]
General arrangement plans	TR010038/APP/2.2	Revision 1 [AS-027]
Works plans	TR010038/APP/2.4	Revision 2 [AS-028]
Rights of way and access plans	TR010038/APP/2.5	Revision 3 [REP8-004]
Traffic regulation plans	TR010038/APP/2.6	Revision 4 [REP9-004]
Engineering drawings and sections	TR010038/APP/2.7	Revision 1 [REP5-003]
Classification of roads plans	TR010038/APP/2.11	Revision 4 [REP9-005]
Hedgerow plans	TR010038/APP/2.12	Revision 4 [REP9-006]
De-trunking plans	TR010038/APP/2.13	Revision 2 [AS-033]
Outline traffic management plan	TR010038/APP/7.5	Revision 0 [APP-144]
Drainage and Surface Water Plans	TR010038/APP/2.8	Revision 2 [AS-031]

(1)

Section 22 was substituted by S.I. 2013/1883 and amended by section 1(6) of, and paragraph 153 of Schedule 1 to, the Infrastructure Act 2015 (c. 7).

(2)

Section 115(2) was amended by section 160(1) and (3) of the Housing and Planning Act 2016 (c. 22). There are other amendments to section 115(2) which are not relevant to this Order.

(3)

1990 c. 43. Section 78A was inserted by section 57 of the Environment Act 1995 (c. 25) and amended by section 86(2) of the Water Act 2003 (c. 37).

(4)

S.I. 2017/1012.

(5)

1981 c. 69.

(6)

1971 c. 80.

(7)

S.I. 1978/1548. The 70 miles per hour, 60 miles per hour and 50 miles per hour (Temporary Speed Limit) Order 1977 and the 70 miles per hour, 60 miles per hour and 50 miles per hour (Temporary Speed Limit) (Variation) Order 1978 were not statutory instruments.

(8)

1973 c. 26.

(9)

Section 11 was amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c. 67), section 3 of, and part 1 of Schedule 1 to, the Housing (Consequential Provisions) Act 1985 (c. 71), section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), sections 186(2), 187(2) and 188 of, and paragraph 6 of Schedule 14 and paragraph 3 of Schedule 16 to, the Housing and Planning Act 2016 (c. 22) and S.I. 2009/1307.

(10)

Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016 (c. 22).

(11)

Section 11B was inserted by section 187(3) of the Housing and Planning Act 2016.

(12)

Section 12 was amended by section 56(2) of, and Part 1 of Schedule 9 to, the Courts Act 1971 (c. 23).

(13)

Section 13 was amended by sections 62(3), 139(4) to (9) and 146 of, and paragraphs 27 and 28 of Schedule 13 and Part 3 of Schedule 23 to, the Tribunal, Courts and Enforcement Act 2007 (c. 15).

(14)

Section 20 was amended by paragraph 4 of Schedule 15 to the Planning and Compensation Act 1991 (c. 34) and S.I. 2009/1307.

(15)

1989 c. 29. The definition of “electrical plant” (in section 64) was amended by section 108 of, and paragraphs 24 and 38(1) and (3) of Schedule 6 to, the Utilities Act 2000 (c. 27).

(16)

1986 c. 44. A new section 7 was substituted by section 5 of the Gas Act 1995 (c. 45) and was further amended by sections 3(2) and 76 of, and paragraphs 1 and 4 of Schedule 6, and Schedule 8 to, the Utilities Act 2000 (c. 27), sections 149(1) and (5) and 197(9) of, and part 1 of Schedule 23 to, the Energy Act 2004 (c. 20) and S.I. 2011/2704.

(17)

1991 c. 56.

(18)

Section 102(4) was amended by sections 96(1) of the Water Act 2003 (c. 37).

(19)

2003 c. 21.

(20)

See section 106 of the 2003 Act, which was amended by section 4(3) to (9) of the Digital Economy Act 2017 (c. 30). See also Schedule 3A to the 2003 Act, which was inserted by section 4 of, and Schedule 1 to, the Digital Economy Act 2017.