The Gate Burton Energy Park Order 2024

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

(a) article 3 (Development consent etc. granted by this Order);

(b) article 5 (Power to maintain the authorised development);

(c) article 15 (Discharge of water);

(d) article 17 (Authority to survey and investigate the land);

(e) article 18 (Compulsory acquisition of land);

(f) article 20 (Compulsory acquisition of rights);

(g) article 21 (Private rights);

(h) article 23 (Acquisition of subsoil only);

(i) article 24 (Power to override easements and other rights);

(j) article 27 (Temporary use of land for carrying out the authorised development);

(k) article 28 (Temporary use of land for maintaining the authorised development);

(l) article 29 (Statutory undertakers);

(m) article 33 (Consent to transfer the benefit of the Order);

(n) article 36 (Felling or lopping of trees and removal of hedgerows);

(o) article 37 (Trees subject to tree preservation orders);

(p) the powers conferred by section 11(3) (power of entry) of the 1965 Act;

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

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

(s) any powers under 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 or 272 of the 1990 Act, article 29 (Statutory undertakers), article 24 (power to override easements and other rights) or article 21 (Private rights) in relation to any right of access of Network Rail to railway property, but such right of access may be diverted with the consent of Network Rail.

(4) 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.

(5) 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.

(6) Where Network Rail is asked to give its consent pursuant to 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).

(7) The undertaker must enter into an asset protection agreement prior to the carrying out of any specified work.