The Walney Extension Offshore Wind Farm Order 2014

Article 21(2)

SCHEDULE 6 E+W LAND IN WHICH ONLY NEW RIGHTS ETC., MAY BE ACQUIRED

Commencement Information

I1 Sch. 6 in force at 28.11.2014, see art. 1

(1) Number of land shown on land plans	(2) Purpose for which rights may be acquired
1	1. The right to enter and remain upon the land for the purposes of operation, maintenance and decommissioning of the authorised project and to: (a) adjust, alter, construct, test, use, maintain, repair, renew, upgrade, inspect, remove and replace underground electricity cables together with such telemetry and fibre optic lines, ducting, jointing bays, earthing measures, cathodic protection, cross bonding pits, protection measures, safety measures and other equipment which is ancillary to the purposes of transmitting electricity along such electricity cables (which collectively shall be referred as the “cables”); (b) enter and be upon the land and remain with or without plant, vehicles, machinery, apparatus and equipment which is ancillary to the purposes of transmitting electricity along the cables; (c) retain and use the cables for the purpose of the transmission of electricity; (d) pass and re-pass with or without vehicles plant and machinery for the purposes of surveying and for adjusting, altering, constructing, using, maintaining, repairing, renewing, upgrading, inspecting, removing and replacing the cables; (e) place and to use plant, machinery, structures and temporary structures within the land for the maintenance, repairing, renewing, upgrading, inspecting, removal and replacing the cables; (f) erect, maintain and remove fencing for site safety and protection of the works consented under this order and create secure works compounds; (g) maintain, use, improve, repair, replace, extend, inspect, adjust, alter, renew, test or cleanse and remove temporary or permanent drainage and manage water flows in existing drains, watercourses and culverts; (h) alter, re-lay, maintain, protect, adjust or remove pipes, cables or conduits or apparatus (including the pipes, cables or conduits or apparatus of statutory undertakers); (i) maintain, use, improve, repair, replace and remove conduits, service media and associated apparatus for electricity, gas and [F1 electronic communications] as well as conduits, service media and apparatus for the purposes of water supply and drainage; (j) store and stockpile materials (including excavated material) within the Order land; (k) use or resort to horizontal directional drilling for the renewal, repair, upgrading, or replacement of the cables; (l) lay out temporary paths for public use; erect temporary signage and measures to effect public safety; (m) enter for the purposes of ecological and for environmental surveys and for the erection, maintenance and removal of noise alleviation measures as well as barriers for the protection of fauna; and (n) carry out environmental or ecological mitigation or enhancement works. 2. A restrictive covenant over the land for the benefit of the remainder of the Order land to: (a) prevent anything to be done in or upon the Order land or any part thereof for the purpose of the erection of any buildings or construction erection or works of any kind (including the foundations or footings thereto); (b) prevent anything to be done by way of hard surfacing of the Order land with concrete of any kind or with any other material or surface whatsoever without the consent in writing of the undertaker (such consent not to be unreasonably withheld or delayed if the proposed surfacing would not cause damage to relevant part of the authorised project nor make it materially more difficult or expensive to maintain the authorised project); (c) prevent anything to be done by way of excavation of any kind of the Order land nor any activities which increase or decrease ground cover or soil levels in any manner whatsoever without the consent in writing of the undertaker save as are reasonably required for agricultural activities; (d) prevent the planting or growing within the Order land any trees, shrubs or underwood without the consent in writing of the undertaker (such consent not to be unreasonably withheld or delayed if the proposed trees, shrubs or underwood would not cause damage to the relevant part of the authorised project nor make it materially more difficult or expensive to access the relevant part of the authorised project).
2 6-10 41	1. The right to enter and remain upon the land for the purposes of operation, maintenance and decommissioning of the authorised project and to: (a) adjust, alter, construct, use, maintain, repair, renew, upgrade, inspect, remove and replace underground electricity cables together with such telemetry and fibre optic lines, ducting, and other apparatus, protection measures, safety measures and other equipment which is ancillary to the purposes of transmitting electricity along such electricity cables (which collectively shall be referred as the “cables”); (b) retain and use the cables for the purpose of the transmission of electricity; (c) alter, re-lay, maintain, protect, adjust or remove pipes, cables or conduits or apparatus (including the pipes, cables or conduits or apparatus of statutory undertakers); (d) maintain, use, improve, repair, replace and remove conduits, service media and associated apparatus for electricity, gas and [F1 electronic communications] as well as conduits, service media and apparatus for the purposes of water supply and drainage; (e) enter for the purposes of ecological and for environmental surveys and for the erection, maintenance and removal of noise alleviation measures as well as barriers for the protection of fauna; and (f) carry out environmental or ecological mitigation or enhancement works. 2. A restrictive covenant over the land for the benefit of the remainder of the Order land to: (a) prevent anything to be done in or upon the Order land or any part thereof for the purpose of the erection of any buildings or construction erection or works of any kind (including the foundations or footings thereto); (b) prevent anything to be done by way of hard surfacing of the Order land with concrete of any kind or with any other material or surface whatsoever without the consent in writing of the undertaker (such consent not to be unreasonably withheld or delayed if the proposed surfacing would not cause damage to relevant part of the authorised project nor make it materially more difficult or expensive to maintain the authorised project); (c) prevent anything to be done by way of excavation of any kind of the Order land nor any activities which increase or decrease ground cover or soil levels in any manner whatsoever without the consent in writing of the undertaker save as are reasonably required for agricultural activities; (d) prevent the planting or growing within the Order land any trees, shrubs or underwood without the consent in writing of the undertaker (such consent not to be unreasonably withheld or delayed if the proposed trees, shrubs or underwood would not cause damage to the relevant part of the authorised project nor make it materially more difficult or expensive to access the relevant part of the authorised project).
11 14-18 29-40 42 44 46 47 50 64	1. The right to enter and remain upon the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised project and to: (a) lay down, install, adjust, alter, construct, test, use, maintain, repair, renew, upgrade, inspect, remove and replace underground electricity cables together with such telemetry and fibre optic lines, ducting, jointing bays, earthing measures, cathodic protection, cross bonding pits, manhole covers and other apparatus, protection measures, safety measures and other equipment which is ancillary to the purposes of transmitting electricity along such electricity cables (which collectively shall be referred as the “cables”); (b) enter and be upon the land and remain with or without plant, vehicles, machinery, apparatus and equipment which is ancillary to the purposes of transmitting electricity along the cables; (c) retain and use the cables for the purpose of the transmission of electricity; (d) pass and re-pass with or without vehicles plant and machinery for the purposes of surveying and for laying down, installing, adjusting, altering, constructing, using, maintaining, repairing, renewing, upgrading, inspecting, removing and replacing the cables; (e) place and to use plant, machinery, structures and temporary structures within the land for the installation, construction, maintenance, repairing, renewing, upgrading, inspecting, removal and replacing the cables; (f) erect, maintain and remove fencing for site safety and protection of the works consented under this order and create secure works compounds; (g) construct, lay down, use, maintain and remove temporary access roads including any necessary temporary bridging of statutory undertaker’s apparatus, other apparatus, conduits, water courses and drains; (h) effect access to the highway; (i) install, maintain, replace, renew and remove cable marker posts to identify the location of the cables (subject to an obligation to minimise interference with future use and operations within the land); (j) fell, lop or cut or coppice trees or remove roots of trees or hedges or shrubs; (k) install, maintain, use, improve, repair, replace, extend, inspect, adjust, alter, renew, test or cleanse and remove temporary or permanent drainage and manage water flows in existing drains, watercourses and culverts; (l) install, alter, re-lay, maintain, protect, adjust or remove pipes, cables or conduits or apparatus (including the pipes, cables or conduits or apparatus of statutory undertakers); (m) install, maintain, use, improve, repair, replace and remove conduits, service media and associated apparatus for electricity, gas and [F1 electronic communications] as well as conduits, service media and apparatus for the purposes of water supply and drainage; (n) remove fences, hedges, or other barriers within the land during any period during which construction, maintenance, repair upgrading, improvement or renewal of the cables are being carried out, or for the exercise of the power to access the cables, (subject to the prior erection of any temporary stock proof fencing as is reasonably required and the replacement or re-instatement of the original fences, hedges, or other barriers following the exercise of the rights); (o) store and stockpile materials (including excavated material) within the Order land; (p) use or resort to horizontal directional drilling for the installation, renewal, repair, upgrading, or replacement of the cables; (q) lay out temporary paths for public use; (r) erect temporary signage and measures to effect public safety; (s) enter for the purposes of ecological and for environmental surveys and for the erection, maintenance and removal of noise alleviation measures as well as barriers for the protection of fauna; and (t) carry out environmental or ecological mitigation or enhancement works. 2. A restrictive covenant over the land for the benefit of the remainder of the Order land to: (a) prevent anything to be done in or upon the Order land or any part thereof for the purpose of the erection of any buildings or construction erection or works of any kind (including the foundations or footings thereto); (b)prevent anything to be done by way of hard surfacing of the Order land with concrete of any kind or with any other material or surface whatsoever without the consent in writing of the undertaker (such consent not to be unreasonably withheld or delayed if the proposed surfacing would not cause damage to relevant part of the authorised project nor make it materially more difficult or expensive to maintain the authorised project); (c) prevent anything to be done by way of excavation of any kind of the Order land nor any activities which increase or decrease ground cover or soil levels in any manner whatsoever without the consent in writing of the undertaker save as are reasonably required for agricultural activities; (d) prevent the planting or growing within the Order land any trees, shrubs or underwood without the consent in writing of the undertaker (such consent not to be unreasonably withheld or delayed if the proposed trees, shrubs or underwood would not cause damage to the relevant part of the authorised project nor make it materially more difficult or expensive to access the relevant part of the authorised project).
12	1. The right to enter and remain upon the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised project and to: (a) lay down, install, adjust, alter, construct, test, use, maintain, repair, renew, upgrade, inspect, remove and replace underground electricity cables together with such telemetry and fibre optic lines, ducting, jointing bays, earthing measures, cathodic protection, cross bonding pits, manhole covers and other apparatus, protection measures, safety measures and other equipment which is ancillary to the purposes of transmitting electricity along such electricity cables (which collectively shall be referred as the “cables”); (b) enter and be upon the land and remain with or without plant, vehicles, machinery, apparatus and equipment which is ancillary to the purposes of transmitting electricity along the cables; (c) retain and use the cables for the purpose of the transmission of electricity; (d) lay down, install, adjust, alter, construct, use, maintain, repair, renew, upgrade, inspect, remove and replace underground transition jointing bays and associated pits for the connection of offshore cables to onshore cables; (e) pass and re-pass with or without vehicles plant and machinery for the purposes of surveying and for laying down, installing, adjusting, altering, constructing, using, maintaining, repairing, renewing, upgrading, inspecting, removing and replacing the cables; (f) place and to use plant, machinery, structures and temporary structures within the land for the installation, construction, maintenance, repairing, renewing, upgrading, inspecting, removal and replacing the cables; (g) erect, maintain and remove fencing for site safety and protection of the works consented under this order and create secure works compounds; (h) construct, lay down, use, maintain and remove temporary access roads including any necessary temporary bridging of statutory undertaker’s apparatus, other apparatus, conduits, water courses and drains; (i) install, maintain, use, improve, repair, replace and remove conduits, service media and associated apparatus for electricity, gas and [F1 electronic communications] as well as conduits, service media and apparatus for the purposes of water supply and drainage; (j) effect access to the highway; (k) install, maintain, replace, renew and remove cable marker posts to identify the location of the cables (subject to an obligation to minimise interference with future use and operations within the land); (l) fell, lop or cut or coppice trees or remove roots of trees or hedges or shrubs; (m) install, maintain, use, improve, repair, replace, extend, inspect, adjust, alter, renew, test or cleanse and remove temporary or permanent drainage and manage water flows in existing drains, watercourses and culverts; (n) install, alter, re-lay, maintain, protect, adjust or remove pipes, cables or conduits or apparatus (including the pipes, cables or conduits or apparatus of statutory undertakers); (o) remove fences, hedges, or other barriers within the land during any period during which construction, maintenance, repair upgrading, improvement or renewal of the cables are being carried out, or for the exercise of the power to access the cables, (subject to the prior erection of any temporary stock proof fencing as is reasonably required and the replacement or re-instatement of the original fences, hedges, or other barriers following the exercise of the rights); (p) store and stockpile materials (including excavated material) within the Order land; (q) use or resort to horizontal directional drilling for the installation, renewal, repair, upgrading, or replacement of the cables; (r) lay out temporary paths for public use; (s) erect temporary signage and measures to effect public safety; (t) enter for the purposes of ecological and for environmental surveys and for the erection, maintenance and removal of noise alleviation measures as well as barriers for the protection of fauna; and (u) carry out environmental or ecological mitigation or enhancement works. 2. A restrictive covenant over the land for the benefit of the remainder of the Order land to: (a) prevent anything to be done in or upon the Order land or any part thereof for the purpose of the erection of any buildings or construction erection or works of any kind (including the foundations or footings thereto); (b) prevent anything to be done by way of hard surfacing of the Order land with concrete of any kind or with any other material or surface whatsoever without the consent in writing of the undertaker (such consent not to be unreasonably withheld or delayed if the proposed surfacing would not cause damage to relevant part of the authorised project nor make it materially more difficult or expensive to maintain the authorised project); (c) prevent anything to be done by way of excavation of any kind of the Order land nor any activities which increase or decrease ground cover or soil levels in any manner whatsoever without the consent in writing of the undertaker save as are reasonably required for agricultural activities; (d) prevent the planting or growing within the Order land any trees, shrubs or underwood without the consent in writing of the undertaker (such consent not to be unreasonably withheld or delayed if the proposed trees, shrubs or underwood would not cause damage to the relevant part of the authorised project nor make it materially more difficult or expensive to access the relevant part of the authorised project).
43 59	1. The right to enter and remain upon the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised project and to: (a) lay down, install, adjust, alter, construct, test, use, maintain, repair, renew, upgrade, inspect, remove and replace underground electricity cables together with such telemetry and fibre optic lines, ducting, earthing measures, cathodic protection, manhole covers and other apparatus, protection measures, safety measures and other equipment which is ancillary to the purposes of transmitting electricity along such electricity cables (which collectively shall be referred as the “cables”); (b) enter and be upon the land and remain with or without plant, vehicles, machinery, apparatus and equipment which is ancillary to the purposes of transmitting electricity along the cables; (c) retain and use the cables for the purpose of the transmission of electricity; (d) pass and re-pass with or without vehicles plant and machinery for the purposes of surveying and for laying down, installing, adjusting, altering, constructing, using, maintaining, repairing, renewing, upgrading, inspecting, removing and replacing the cables; (e) place and to use plant, machinery, structures and temporary structures within the land for the installation, construction, maintenance, repairing, renewing, upgrading, inspecting, removal and replacing the cables; (f) erect, maintain and remove fencing for site safety and protection of the works consented under this order and create secure works compounds; (g) construct, lay down, use, maintain and remove temporary access roads including any necessary temporary bridging of statutory undertaker’s apparatus, other apparatus, conduits, water courses and drains; (h) effect access to the highway; (i) fell, lop or cut or coppice trees or remove roots of trees or hedges or shrubs; (j) install, maintain, use, improve, repair, replace, extend, inspect, adjust, alter, renew, test or cleanse and remove temporary or permanent drainage and manage water flows in existing drains, watercourses and culverts; (k) install, alter, re-lay, maintain, protect, adjust or remove pipes, cables or conduits or apparatus (including the pipes, cables or conduits or apparatus of statutory undertakers); (l) install, maintain, use, improve, repair, replace and remove conduits, service media and associated apparatus for electricity, gas and [F1 electronic communications] as well as conduits, service media and apparatus for the purposes of water supply and drainage; (m) remove fences, hedges, or other barriers within the land during any period during which construction, maintenance, repair upgrading, improvement or renewal of the cables are being carried out, or for the exercise of the power to access the cables, (subject to the prior erection of any temporary stock proof fencing as is reasonably required and the replacement or re-instatement of the original fences, hedges, or other barriers following the exercise of the rights); (n) use or resort to horizontal directional drilling for the installation, renewal, repair, upgrading, or replacement of the cables; (o) enter for the purposes of ecological and for environmental surveys and for the erection, maintenance and removal of noise alleviation measures as well as barriers for the protection of fauna; and (p) carry out environmental or ecological mitigation or enhancement works.
60 63	1. The right to enter and remain upon the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised project and to: (a) lay down, install, adjust, alter, construct, test, use, maintain, repair, renew, upgrade, inspect, remove and replace underground electricity cables together with such telemetry and fibre optic lines, ducting, jointing bays, earthing measures, cathodic protection, cross bonding pits, manhole covers and other apparatus, protection measures, safety measures and other equipment which is ancillary to the purposes of transmitting electricity along such electricity cables (which collectively shall be referred as the “cables”); (b) enter and be upon the land and remain with or without plant, vehicles, machinery, apparatus and equipment which is ancillary to the purposes of transmitting electricity along the cables; (c) retain and use the cables for the purpose of the transmission of electricity; (d) pass and re-pass with or without vehicles plant and machinery for the purposes of surveying and for laying down, installing, adjusting, altering, constructing, using, maintaining, repairing, renewing, upgrading, inspecting, removing and replacing the cables; (e) place and to use plant, machinery, structures and temporary structures within the land for the installation, construction, maintenance, repairing, renewing, upgrading, inspecting, removal and replacing the cables; (f) erect, maintain and remove fencing for site safety and protection of the works consented under this order and create secure works compounds; (g) construct, lay down, use, maintain and remove temporary access roads including any necessary temporary bridging of water courses and drains; (h) construct, lay down, use, and maintain a permanent access road including any necessary bridging of water courses and drains (i) effect access to the highway; (j) install, maintain, use, improve, repair, replace, extend, inspect, adjust, alter, renew, test or cleanse and remove temporary or permanent drainage and manage water flows in existing drains, watercourses and culverts; (k) install, alter, re-lay, maintain, protect, adjust or remove pipes, cables or conduits or apparatus (including the pipes, cables or conduits or apparatus of statutory undertakers); (l) install, maintain, use, improve, repair, replace and remove conduits, service media and associated apparatus for electricity, gas and [F1 electronic communications] as well as conduits, service media and apparatus for the purposes of water supply and drainage; (m) install, maintain, replace, renew and remove cable marker posts to identify the location of the cables (subject to an obligation to minimise interference with future use and operations within the land); (n) remove fences, hedges, or other barriers within the land during any period during which construction, maintenance, repair upgrading, improvement or renewal of the cables are being carried out, or for the exercise of the power to access the cables, (subject to the prior erection of any temporary stock proof fencing as is reasonably required and the replacement or re-instatement of the original fences, hedges, or other barriers following the exercise of the rights) (o) store and stockpile materials (including excavated material) within the Order land; (p) use or resort to horizontal directional drilling for the installation, renewal, repair, upgrading, or replacement of the cables; (q) lay out temporary paths for public use; (r) erect temporary signage and measures to effect public safety; (s) enter for the purposes of ecological and for environmental surveys and for the erection, maintenance and removal of noise alleviation measures as well as barriers for the protection of fauna; and (t) carry out environmental or ecological mitigation or enhancement works. 2. A restrictive covenant over the land for the benefit of the remainder of the Order land to: (a) prevent anything to be done in or upon the Order land or any part thereof for the purpose of the erection of any buildings or construction erection or works of any kind (including the foundations or footings thereto); (b) prevent anything to be done by way of hard surfacing of the Order land with concrete of any kind or with any other material or surface whatsoever without the consent in writing of the undertaker (such consent not to be unreasonably withheld or delayed if the proposed surfacing would not cause damage to relevant part of the authorised project nor make it materially more difficult or expensive to maintain the authorised project); (c) prevent anything to be done by way of excavation of any kind of the Order land nor any activities which increase or decrease ground cover or soil levels in any manner whatsoever without the consent in writing of the undertaker save as are reasonably required for agricultural activities; (d) prevent the planting or growing within the Order land any trees, shrubs or underwood without the consent in writing of the undertaker (such consent not to be unreasonably withheld or delayed if the proposed trees, shrubs or underwood would not cause damage to the relevant part of the authorised project nor make it materially more difficult or expensive to access the relevant part of the authorised project).

Textual Amendments

F1 Words in Sch. 6 table substituted (28.12.2017) by The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Secondary Legislation) Regulations 2017 (S.I. 2017/1011), reg. 1(1), Sch. 4 para. 43(2)