5. Subject to the provisions of this Order including the requirements in Schedule 2 (requirements), the undertaker is granted development consent for the authorised development to be carried out within the Order limits.
6.—(1) The undertaker may at any time maintain the authorised development, except to the extent that this Order or an agreement made under it, provides otherwise.
(2) This article does not authorise any works which are likely to give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.
7. In carrying out the authorised development comprising the works numbered in Schedule 1 (authorised development) the undertaker may—
(a)deviate laterally from the lines or situations of the authorised development shown on the works plans to the extent of the limits of deviation shown on those plans for that work; and
(b)deviate vertically from the levels of the authorised development shown on the engineering sections, drawings and plans:
(i)to any extent upwards as the undertaker considers to be necessary or convenient but not exceeding two metres; or
(ii)save for Work No. 2 in Schedule 1 (authorised development), to any extent downwards as the undertaker considers to be necessary or convenient.
8. Subject to article 9 (transfer of benefit of Order, etc.) the provisions of this Order conferring powers on the undertaker have effect solely for the benefit of the undertaker.
9.—(1) The undertaker may, with the written consent of the Secretary of State—
(a)transfer to another person (“the transferee”) any or all of the benefit of the provisions of this Order (excluding the deemed marine licence) that apply to the undertaker and such statutory rights as may be agreed between the undertaker and the transferee; or
(b)grant to another person (“the grantee”) for a period agreed between the undertaker and the grantee any or all of the benefit of the provisions of this Order that apply to the undertaker and such related rights as may be so agreed.
(2) Where an agreement has been made in accordance with paragraph (1) references in the provisions of this Order that apply to the undertaker must include references to the transferee or the grantee, as the case may be.
(3) The exercise by a person of any benefits or rights conferred in accordance with any transfer or grant under paragraph (1) is subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by the undertaker.