The Associated British Ports (Immingham Eastern Ro-Ro Terminal) Development Consent Order 2024

Interpretation

71.—(1) The undertaker must not exercise the powers conferred by—

(a) article 5 (development consent granted by the Order);

(b) article 6 (maintenance of the authorised development);

(c) article 13 (power to override easements and other rights);

(d) article 16 (statutory undertakers and operator of the electronic communications code network);

(e) article 26 (authority to survey and investigate the land);

(f) the powers conferred by section 203 (power to override easements and rights) of the Housing and Planning Act 2016;

(g) the powers conferred by section 172 (right to enter and survey land) of the Housing and Planning Act 2016;

(h) any powers in respect of the temporary possession of land under the Neighbourhood Planning Act 2017,

in respect of any railway property unless the exercise of such powers is with the consent of Network Rail.

(2) The undertaker must not in the exercise of the powers conferred by this Order prevent pedestrian or vehicular access to any railway property, unless preventing such access is with the consent of Network Rail.

(3) The undertaker must not exercise the powers conferred by sections 271 (extinguishment of rights of statutory undertakers: preliminary notices) or 272 (extinguishment of rights of electronic communications code network operators: preliminary notices) of the 1990 Act or article 16 (statutory undertakers and operator of the electronic communications code network) or article 13 (power to override easements and other rights or private rights of way) in relation to any right of access of Network Rail to railway property, but such right of access may be extinguished or diverted with the consent of Network Rail.

(4) No powers of compulsory acquisition are being sought in relation to railway property.

(5) The undertaker must not under the powers of this Order acquire or use or acquire new rights over or seek to impose any restrictive covenants over, any railway property, or extinguish any existing rights of Network Rail in respect of any third party property except with the consent of Network Rail.

(6) The undertaker must not under the powers of this Order do anything which would result in railway property being incapable of being used or maintained or which would affect the safe running of trains on the railway.

(7) Where Network Rail is asked to give its consent under this paragraph, such consent must not be unreasonably withheld but may be given subject to reasonable conditions but it shall never be unreasonable to withhold consent for reasons of operational or railway safety (such matters to be in Network Rail’s absolute discretion). The undertaker must enter into an asset protection agreement prior to the carrying out of any specified work.