The National Grid (King’s Lynn B Power Station Connection) Order 2013

Article 2(1)

SCHEDULE 1 Authorised development

A nationally significant infrastructure project as defined in sections 14 and 16 of the 2008 Act comprising—

(a) Work No 1 – The installation of a 400 kV electric line above ground, approximately 2.8 kilometres in length, comprising 9 steel lattice towers, commencing at gantries within the substation to be constructed as part of the approved King’s Lynn B Power Station development at Willows Business Park, King’s Lynn, from which it will rise to a terminal tower KL01 in the field north of New House Farm. The line would then cross High Road to a second tower KL02 approximately 370 metres due east. From this point, the line changes direction and travels approximately 694 metres south easterly crossing Low Road and the River Nar, incorporating tower KL03 and KL04. At tower KL04 the line again changes direction and travels due south through towers KL05, KL06 and KL07 for a length of approximately 1155 metres. At tower KL07 the line changes direction to the south west crossing the River Nar to connect to tower KL08, and then onto a new junction tower, a length of approximately 614 metres, to connect to the northern circuit of the existing National Grid Norwich – Walpole overhead electricity transmission line and replacing the existing National Grid tower reference 4VV039, in the Borough of King’s Lynn and West Norfolk;

(b) Associated Development – comprising—

(i) works for the creation, alteration or widening of points of access to highways;

(ii) means of access and footpaths;

(iii) retaining structures, and culverts;

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

(v) construction and maintenance compounds, working areas, laydown and parking areas in connection with the construction of the authorised development;

(vi) welfare units;

(vii) underground ducting; and

(viii) such other works as may be necessary or expedient for the purposes of or in connection with the construction of the authorised development which are within the scope of the environmental impact assessment recorded in the environmental document such as landscaping and ecological mitigation measures.

Article 2(1)

SCHEDULE 2 Requirements

Interpretation

1.—(1) In this Schedule and in Schedule 9—

“commencement” means the carrying out of a material operation, as defined in section 155 of the 2008 Act (which explains when development begins), comprised in or carried out for the purposes of the authorised development and the words “commence” and “commenced” are to be construed accordingly;

“stage” refers to—

(a)

the stage of the authorised development comprising works in the vicinity of the permitted substation (including underground ducting and highway access); and

(b)

the stage comprising the remainder of the authorised development in Schedule 1 unless otherwise approved by the relevant planning authority.

(2) Where any Requirement specifies: “unless otherwise approved in writing” by the relevant planning authority; or “unless otherwise agreed in writing” with the relevant planning authority; such approval or agreement must not be given except in relation to minor or immaterial changes where it has been demonstrated to the satisfaction of the relevant planning authority that the subject-matter of the approval or agreement sought is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental document.

Time limits

2.  The authorised development must commence within 5 years of the date of this Order.

Compliance with approved details

3.—(1) The construction of the lattice towers forming part of the authorised development comprised in Work No 1 must take place in general accordance with the approved drawings listed below unless otherwise approved in writing by the relevant planning authority—

(a) A3/MIS/21847/071 A;

(b) BNT167/7050 D;

(c) BNT167/7053/B;

(d) BNT167/7056 C;

(e) BNT167/7055 B.

For the purposes of this Requirement 3(1) in determining general accordance the towers must be constructed within the vertical limits of deviation and must be substantially the same as those shown on the drawings (including the plan views shown on those drawings) for the respective towers as follows—

Pylon ID	Drawing No	Tower Type (Height metres)	Tower Type including LOD (metres)
KL001	BNT167/7055/B	L13 DT STD (48.071)	L13 DT E3 (51.071)
KL002	BNT167/7053/B	L13 D60 E3 (53.952)	L13 D60 E6 (56.952)
KL003	BNT167/7050/D	L13 D E3 (52.950)	L13 D E6 (55.950)
KL004	BNT167/7053/B	L13 D60 E6 (56.952)	L13 D60 E9 (59.952)
KL005	BNT167/7050/D	L13 D E6 (55.950)	L13 D E9 (58.950)
KL006	BNT167/7050/D	L13 D E6 (55.950)	L13 D E9 (58.950)
KL007	BNT167/7053/B	L13 D60 STD (50.952)	L13 D60 E3 (53.952)
KL008	BNT167/7050/D	L13 D E3 (52.950)	L13 D E6 (55.950)
New 4VV39	BNT167/7056/C	L13 DJT STD (53.460)	L13 DJT E3 (56.460)

(2) The remainder of the authorised development referred to in Schedule 1 must be carried out in general accordance with the approved drawings listed below unless otherwise agreed in writing with the relevant planning authority and must be within the Order limits—

(a) A1/PTD/6320/080/Rev A;

(b) A1/PTD/6320/008/Rev B;

(c) A1/PTD/6320/009/Rev A;

(d) A1/PTD/6320/010/Rev A;

(e) A1/PTD/6320/011/Rev A;

(f) A1/PTD/6320/012/Rev A;

(g) A1/PTD/6320/013/Rev B;

(h) A1/PTD/6320/014/Rev A;

(i) A1/PTD/6320/015/Rev B;

(j) A1/PTD/6320/066/Rev A;

(k) A1/PTD/6320/067/Rev A;

(l) A1/PTD/6320/068/Rev A;

(m) A1/PTD/6320/069/Rev A.

For the purpose of this Requirement 3(2) development must be substantially the same as shown on the approved drawings listed above subject always to account being taken of any variation of the alignment of Work No 1 within the lateral limits of deviation in article 6 from that indicated on the works plans.

Provision of landscaping

4.  A written landscaping scheme must be submitted to the relevant planning authority for its written approval prior to the authorised development being brought into operational use. The landscaping scheme must include details of all proposed landscaping works, including—

(a) location, number, species, size of trees, tree whips and shrubs;

(b) measures for the protection of trees, tree whips and shrubs;

(c) planting density and proposed planting times of any proposed planting;

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

(e) proposed finished ground levels;

(f) implementation timetables; and

(g) details of maintenance regimes and management responsibilities.

Implementation and maintenance of landscaping

5.—(1) All landscaping works must be carried out in accordance with the landscaping schemes approved under Requirement 4 and to a reasonable standard in accordance with the relevant recommendations of appropriate British Standards or other recognised codes of good practice unless otherwise approved in writing by the relevant planning authority.

(2) The landscaping works must be carried out in accordance with implementation timetables approved under Requirement 4 unless otherwise approved in writing by the relevant planning authority.

(3) If within a period of five years beginning with the date of the planting of any tree, tree whip or shrub that tree, tree whip or shrub, or any tree, tree whip or shrub planted in replacement for it, is removed, uprooted or destroyed or dies, or becomes, in the opinion of the relevant planning authority seriously damaged or defective, another tree, tree whip or shrub of the same species and size as that originally planted must be planted at the same place, unless otherwise approved in writing with the relevant planning authority.

Highway accesses

6.—(1) No stage of the authorised development is to commence until written details of the design, layout and subsequent removal (to include the restoration of land) of any new temporary means of access to a highway to be used by vehicular traffic, or any alteration to an existing means of access to a highway used by vehicular traffic, has, after consultation with the highway authority, been submitted to and approved by the relevant planning authority in relation to that stage.

(2) The access to the permitted substation is not to commence until written details of the design and layout of the permanent means of access to a highway to be used by vehicular traffic has, after consultation with the highway authority, been submitted to and approved by the relevant planning authority in relation to that stage.

(3) The highway accesses must be constructed in accordance with the approved details unless otherwise approved in writing by the relevant planning authority in relation to that stage.

Fencing and other means of enclosure

7.—(1) No stage of the authorised development must commence until written details of all proposed permanent and temporary fences, walls or other means of enclosure within the Order limits have, after consultation with the relevant planning authority, been submitted to and approved by the relevant planning authority in relation to that stage.

(2) Any fences, walls or other means of enclosure approved in accordance with sub-paragraph (1) must remain secure during construction of the authorised development, in accordance with the approved details, unless otherwise approved in writing by the relevant planning authority.

(3) Any temporary fencing must be removed on completion of the construction of the authorised development.

Contaminated land and groundwater

8.—(1) In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the relevant planning authority. An investigation and risk assessment must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the relevant planning authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the relevant planning authority.

(2) Where remediation is required a detailed remediation scheme to bring the site to a condition suitable for the intended use must be prepared, and submitted for the written approval of the relevant planning authority.

(3) The approved remediation scheme must be carried out in accordance with its terms unless otherwise approved in writing by the relevant planning authority.

(4) Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced, and approved in writing by the relevant planning authority.

Controlled water protection scheme

9.—(1) No stage of the authorised development must commence until a controlled water protection scheme has, after consultation with the Environment Agency, been submitted to and approved by the relevant planning authority in relation to that stage. The scheme must include—

(a) measures necessary taking account of the proposed pylon foundations;

(b) any necessary de-watering;

(c) measures to protect water sources; and

(d) measures to protect groundwater dependent terrestrial ecosystems (including the River Nar).

(2) The authorised development must be carried out in accordance with the approved controlled water protection scheme, unless otherwise approved in writing by the relevant planning authority.

Archaeology

10.—(1) No stage of the authorised development is to commence until a written scheme for the investigation of any areas of archaeological interest discovered during the course of carrying out of that stage of the authorised development, and as identified in the environmental document has, after consultation with Norfolk County Council, been submitted to and approved by the relevant planning authority.

(2) Any archaeological works or watching brief carried out under the scheme must be by a suitably qualified person or body approved by the relevant planning authority.

(3) Any archaeological works or watching brief must be carried out in accordance with the approved scheme, unless otherwise agreed in writing by the relevant planning authority.

Landscape and ecological management plan

11.—(1) No stage of the authorised development shall commence until a written landscape and ecological management plan reflecting the survey results and ecological mitigation and enhancement measures included in the environmental document, shall after consultation with the Environment Agency, be submitted to and approved by the relevant planning authority in relation to that stage.

(2) The landscape and ecological management plan must include a riparian ecology method statement in respect of all watercourses that would be affected by the project. The landscape and ecological management plan must include an implementation timetable and must be carried out as approved, unless otherwise approved in writing by the relevant planning authority.

(3) The riparian ecology method statement must include—

(a) proposed pre-construction water vole surveys undertaken in an appropriate season and sufficiently in advance of any physical works to enable detailed management measures to be implemented;

(b) measures to manage vegetation at the location of the works to encourage voles to naturally displace;

(c) a programme for inspections by an ecologist of the riparian work areas;

(d) proposed fencing of the work areas to prevent water vole entry during the works;

(e) measures to control emissions and discharges from the works to minimise the risk of any entry of deleterious materials to watercourses;

(f) proposed reinstatement of watercourses and riparian vegetation;

(g) arrangements for reporting the results of surveys, mitigation measures and reinstatement works to Natural England and Environment Agency;

(h) details of any habitat improvement/creation;

(i) details of the treatment of site boundaries and/or buffers around water bodies; and

(j) details of maintenance and monitoring regimes and management responsibilities.

Code of construction practice

12.  Construction works must be carried out in accordance with the code of construction practice (dated June 2013) submitted with the application, unless otherwise approved in writing by the relevant planning authority.

External lighting

13.  No stage of the authorised development is to commence until written details of any external lighting to be installed and its intended duration at any of the construction sites, including measures to prevent light spillage, have been submitted to and approved by the relevant planning authority in relation to that stage; and any approved means of lighting must subsequently be installed and retained for the approved duration unless otherwise approved in writing by the relevant planning authority.

Construction traffic

14.—(1) No stage of the authorised development is to commence until a construction traffic management plan, including details of the following—

(a) the approved routing plans which all drivers of construction vehicles serving towers KL08 and 4VV039 (shown on plan reference MPP00006 - 2 Figure 2A) must use;

(b) the steps to be taken to advise all drivers of vehicles visiting the authorised development of the approved construction routes and of the measures to monitor compliance;

(c) provision for on-site parking for construction workers;

(d) on site wheel cleaning facilities for construction vehicles;

(e) condition survey in relation to the bridge over the River Nar within plot 37 in the book of reference;

(f) “before” and “after” joint road condition surveys in relation to each phase of construction;

(g) strategic route signing;

(h) signing at access points;

(i) access points constructed to allow safe traffic movements;

(j) liaison with the highway authority in respect of its programme of repair and maintenance of the public highway;

(k) road sweeping facilities;

(l) on site dust suppression;

(m) how the local residents and stakeholders are to be kept informed of the construction traffic management plan;

(n) how the construction traffic management plan will be updated as other project programmes are confirmed; and

(o) school hour restrictions in relation to school picking up and dropping off times.

has been, after consultation with the highway authority and the Highways Agency submitted to and approved by the relevant planning authority in relation to that stage.

(2) The authorised development must be carried out in accordance with the approved construction traffic management plan, unless otherwise approved in writing by the relevant planning authority.

Control of noise during construction and maintenance

15.—(1) No stage of the authorised development is to commence until a written scheme for noise management during construction and maintenance has been submitted to and approved by the relevant planning authority in relation to that stage.

(2) The scheme must set out the particulars of—

(a) the works, and the method by which they are to be carried out;

(b) the noise attenuation measures to be taken to minimise noise resulting from the works, including any noise limits; and

(c) a scheme for monitoring the noise during the works to ensure compliance with the noise limits and the effectiveness of the attenuation measures.

(3) The approved noise management scheme must be implemented before any stage of the authorised development can commence, and maintained during construction and maintenance of the authorised development.

(4) The construction and maintenance works must be undertaken in accordance with the approved noise management scheme.

Construction hours

16.—(1) Subject to sub-paragraphs (2) and (3) construction work must not take place other than between 0700 and 1900 hours, on any day, unless otherwise agreed by the relevant planning authority.

(2) Piling operations must not take place other than between 0800 and 1700 hours on Mondays to Fridays, unless otherwise agreed by the relevant planning authority.

(3) Protective netting of scaffolding and its subsequent removal across highways and the King’s Lynn to London railway line must occur outside of the construction working hours.

Control of dust emissions

17.—(1) No stage of the authorised development is to commence until a written scheme for the management and mitigation of dust emissions has been submitted to and approved by the relevant planning authority in relation to that stage.

(2) The approved scheme for the management and mitigation of dust emissions must be implemented before any stage of the authorised development can commence, and maintained during the construction, operation and decommissioning of the authorised development.

Accumulations and deposits

18.—(1) No stage of the authorised development is to commence until a written scheme for the management of any accumulations and deposits whose effects may be harmful or visible or otherwise noticeable from outside the Order limits has been submitted to and approved by the relevant planning authority in relation to that stage.

(2) The approved scheme for the management of accumulations and deposits must be implemented before and maintained during the construction, operation and decommissioning of the authorised development.

Restoration of land used temporarily for construction

19.  Any land within the Order limits which is used temporarily for construction is to be reinstated to its former condition, or such condition as the relevant planning authority may approve, within six months of completion of the construction of the authorised development, or such further time as may be approved in writing by the relevant planning authority.

Requirement for written approval

20.  Where under any of the above Requirements the approval or agreement of the relevant planning authority or another person is required, the matter that requires approval or agreement must be submitted in writing, and that approval or agreement is to be given in writing.

Amendments to approved details

21.  With respect to any Requirement which requires the authorised development to be carried out in accordance or general accordance with the details approved by the relevant planning authority, the details as so approved are to be taken to include any amendments that may subsequently be lawfully approved in writing by the relevant planning authority.

Articles 3 and 22

SCHEDULE 3 Modification of compensation and compulsory purchase enactments for creation of new rights

Compensation enactments

1.  The enactments for the time being in force with respect to compensation for the compulsory purchase of land are to 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 as they apply as respects compensation on the compulsory purchase of land and interests in land.

Modification of the Land Compensation Act 1973

2.—(1) Without prejudice to the generality of paragraph 1, the Land Compensation Act 1973(1) is to have effect subject to the modifications set out in sub-paragraph (2).

(2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 of the 1965 Act as substituted by paragraph 4—

(a) for the words “land is acquired or taken from” there are to be substituted the words “a right over land is purchased from or imposed on”; and

(b) for the words “acquired or taken from him” there are to be substituted the words “over which the right is exercisable”.

Application of the 1965 Act

3.—(1) The 1965 Act is to have effect with the modifications necessary to make it apply to the compulsory acquisition under this Order of a right by the creation of a new right as it applies to the compulsory acquisition of land, so that, in appropriate contexts, references in that Act to land are 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

(b) the land over which the right is or is to be exercisable.

(2) Without prejudice to the generality of sub-paragraph (1), Part 1 of the 1965 Act is to apply in relation to the compulsory acquisition under this Order of a right by the creation of a new right with the modifications specified in the following provisions of this Schedule.

4.  For section 7 of the 1965 Act (measure of compensation in case of severance) there is to be substituted the following section—

“7.   In assessing the compensation to be paid by the acquiring authority under this Act, regard shall be had not only to the extent (if any) to which the value of the land over which the right is to be acquired is depreciated by the acquisition of the right or the imposition of the 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 powers conferred by this or the special Act.”.

5.  For section 8 of the 1965 Act (other provisions as to divided land) there is substituted the following section—

“8.— (1) Where in consequence of the service on a person under section 5 of this Act of a notice to treat in respect of a right over land consisting of a house or building or of a park or garden belonging to a house (“the relevant land”)—

(a) a question of disputed compensation in respect of the purchase of the right would apart from this section fall to be determined by the Upper Tribunal (“the tribunal”); and

(b) before the tribunal has determined that question the tribunal is satisfied that the person has an interest in the whole of the relevant land and is able and willing to sell that interest, and—

(i) where that land consists of a house or building, that the right cannot be purchased without material detriment to that land; or

(ii) where that land consists of such a park or garden, that the right cannot be purchased without seriously affecting the amenity or convenience of the house to which that land belongs,

the National Grid (King’s Lynn B Power Station Connection) Development Consent Order 2013 (“the Order”), in relation to that person, ceases to authorise the purchase of the right and is deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of such a park or garden, the house to which it belongs, and the notice is deemed to have been served in respect of that interest on such date as the tribunal directs.

(2) Any question as to the extent of the land in which the Order is deemed to authorise the purchase of an interest by virtue of subsection (1) of this section is to be determined by the tribunal.

(3) Where in consequence of a determination of the tribunal that it is satisfied as mentioned in subsection (1) of this section the Order is deemed by virtue of that subsection to authorise the purchase of an interest in land, the acquiring authority may, at any time within the period of 6 weeks beginning with the date of the determination, withdraw the notice to treat in consequence of which the determination was made; but nothing in this subsection prejudices any other power of the authority to withdraw the notice.”.

6.  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 to be so modified 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 is vested absolutely in the acquiring authority.

7.  Section 11 of the 1965 Act (powers of entry) is to be so modified as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right (which is to be deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on warrant in the event of obstruction) of the 1965 Act is to be modified correspondingly.

8.  Section 20 of the 1965 Act (protection for interests of tenants at will, etc) is to apply 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 in question.

9.  Section 22 of the 1965 Act (protection of acquiring authority’s possession where by inadvertence an estate, right or interest has not been got in) is to be so modified 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.

Article 10(1)

SCHEDULE 4 Streets subject to street works

(1)	(2)
Area	Subject to street works within the Order limits
Borough of King’s Lynn and West Norfolk	Cycleway/Footpath No 8; and North Sea Bank

Article 11(4)

SCHEDULE 5 Streets/rights of way to be temporarily closed

(1)	(2)	(3)
Area	Street or public right of way to be temporarily closed, altered or diverted	Extent of temporary closure, alteration or diversion as shown on the rights of way plans
Borough of King’s Lynn and West Norfolk	Cycleway / Public Footpath No 8 and the North Sea Bank	Between Points A and B
Borough of King’s Lynn and West Norfolk	High Road	Between Points C and D
Borough of King’s Lynn and West Norfolk	Public Footpath No 26	Between Points E and F
Borough of King’s Lynn and West Norfolk	Bridleway/Public Footpath No 28	Between Points G and H
Borough of King’s Lynn and West Norfolk	Public footpath No 27	Between Points J and K

Article 12(1)(a)

SCHEDULE 6 Access to works

	(1)	(2)
	Area	Access to works
New permanent access	Borough of King’s Lynn and West Norfolk	Create new permanent access from North Sea Bank and Cycleway/Public Footpath No 8 into the substation to be constructed as part of the approved King’s Lynn B Power Station as shown on drawing A1/PTD/6320/008/Rev B
New temporary access	Borough of King’s Lynn and West Norfolk	Create new temporary access to the east of Willows Roundabout at the junction of Willows Road, Saddlebow Road (also known as High Road), Low Road and High Road as shown on drawing A1/PTD/6320/009/Rev A
Improve existing accesses	Borough of King’s Lynn and West Norfolk	Improve the access onto Saddlebow Road (also known as High Road) to the north of Willows Roundabout as shown on drawing A1/PTD/6320/015/Rev B
		Improve the three accesses onto High Road as shown on drawing A1/PTD/6320/008/Rev B
		Improve two accesses onto Thiefgate Lane as shown on drawing A1/PTD/6320/013/Rev B

Article 25(1)(a)(i) and (3)(a)

SCHEDULE 7 Land of which temporary possession may be taken

(1)	(2)	(3)
Area	Number of land shown on land plan	Purpose for which temporary possession may be taken
Borough of King’s Lynn and West Norfolk	Plots 1, 4, 6, 8, 18, 20, 24, 33, 36, 42, 53, 53a, 53b, 55, 55a, 57, 66 and 66a	Installation of the authorised development (comprised within Class 1 new rights specified in the book of reference)
	Plots 65a, 65b, 65c, 67, 67a, 67b, 68, 68a, 68b, 69, 69a, 69b, 70, 71a, 72, 72a	Installation incidental to and to facilitate the authorised development (comprised within Class 5 new rights specified in the book of reference)
	Plots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 15a, 16, 17, 18, 19, 20, 23, 24, 26, 30, 31, 32, 33, 34, 35, 36, 41, 42, 48, 49, 49a, 51, 51a, 51b, 52, 52a, 52b, 53, 53a, 53b, 54, 54a, 55, 55a, 56, 57, 65, 65c, 65d, 66, 66a, 67, 68, 69, 70 and 72	Construction associated with the installation of the authorised development (comprised within Class 2 new rights specified in the book of reference)
	Plots 14, 21, 22, 25, 27, 28, 29, 37, 38, 39, 40, 43, 43a, 44, 45, 46, 46a, 47, 50, 58, 58a, 58b, 59, 60, 61, 62, 63, 64, 65b, 71, 71a, 73, 74, 75, 76, 77 and 78	Access associated with the installation and construction of the authorised development (comprised within Class 3 and Class 7 new rights specified in the book of reference)
	Plots 67a, 67b, 68a, 68b, 69a and 72a	Access incidental to and to facilitate the installation of the authorised development (comprised within Class 7 new rights specified in the book of reference)
	Plots 1, 2, 3, 4, 6, 7, 8, 49, 51, 51b, 52, 52b, 53, 53b, 54, 55, 65, 65d and 66	Landscaping associated with the installation and construction of the authorised development (comprised within Class 4 new rights specified in the book of reference)
	Plots 73, 74, 75 and 76	Scaffolding and temporary structures associated with the installation and construction of the authorised development (comprised within Class 6 new rights specified in the book of reference)
	Plots 67a, 67b, 68a, 68b, 69a and 72a	Scaffolding and temporary structures incidental to and to facilitate the installation of the authorised development (comprised within Class 6 new rights specified in the book of reference)

Articles 27 and 31

SCHEDULE 8 Protective provisions

PART 1 For the protection of electricity, gas, water and sewerage undertakers

1.—(1) For the protection of the statutory undertakers referred to in this Part of this Schedule the following provisions are to, unless otherwise agreed in writing at any time between the statutory undertaker and the undertaker concerned, have effect.

(2) In this Part of this Schedule—

“alternative apparatus” means alternative apparatus adequate to enable the statutory undertaker in question to fulfil its statutory functions in a manner not less efficient than previously;

“apparatus” means—

(a)

in the case of an electricity undertaker, electric lines or electrical plant (as defined in section 64 of the Electricity Act 1989(2), belonging to or maintained by that electricity undertaker for the purposes of electricity supply;

(b)

in the case of a gas undertaker, any gas mains, pipes or other apparatus belonging to or maintained by that gas undertaker for the purposes of gas supply;

(c)

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

(d)

in the case of a sewerage undertaker—

(i)

any drain or works vested in the undertaker under the Water Industry Act 1991(3); and

(ii)

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 includes a sludge main, disposal main (within the meaning of section 219 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 in each case 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; and

“statutory 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(4);

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

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

3.  Regardless of any provision in this Order or anything shown on the land plans, the undertaker is not to acquire any apparatus otherwise than by agreement.

4.—(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, that apparatus is not to be removed under this Part of this Schedule and any right of a statutory undertaker to maintain that apparatus in that land is not to be extinguished until alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the statutory undertaker in question.

(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, it must give to the statutory undertaker in question written notice of that requirement, together with a plan and section of the work proposed.

(3) If alternative apparatus or any part of such apparatus is to be constructed as a consequence of the removal of apparatus placed on the land referred to in sub-paragraph (2), the statutory 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 other land in which the alternative apparatus is to be constructed.

(4) The statutory undertaker in question must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 34, and after the grant to the statutory undertaker of any such facilities and rights as are referred to in sub-paragraph (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.

(5) Regardless of anything in sub-paragraph (4), if the undertaker gives notice in writing to the statutory undertaker in question that it desires itself to execute any work, or part of any work in connection with the construction or removal of apparatus, that work, instead of being executed by the statutory undertaker, must be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the statutory undertaker.

(6) Nothing in sub-paragraph (5) is to authorise the undertaker to execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or execute any filling around the apparatus (where the apparatus is laid in a trench) within 300 millimetres of the apparatus.

5.—(1) Not less than 28 days before starting the execution of any works of the type referred to in paragraph 4(2) that are near to, or will or may affect, any apparatus the removal of which has not been required by the undertaker under that paragraph, the statutory undertaker must submit to the undertaker in question a plan, section and description of the works to be executed.

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

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

(4) If a statutory 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, sub-paragraphs (1) to (4) are to apply as if the removal of the apparatus had been required by the undertaker under paragraph 4(2).

(5) Nothing in this paragraph is to preclude 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, section and description instead of the plan, section and description previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan, section and description.

(6) The undertaker is not to be required to comply with sub-paragraph (1) in a case of emergency but in that case it must give to the statutory undertaker in question notice as soon as is reasonably practicable and a plan, section and description of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (2) in so far as is reasonably practicable in the circumstances.

6.—(1) Subject to the following provisions of this paragraph, the undertaker must repay to a statutory undertaker the proper and reasonable expenses reasonably incurred by that statutory undertaker in, or in connection with, the inspection, removal, alteration or protection of any apparatus.

(2) There is to 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, 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,

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 34 (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 statutory undertaker in question by virtue of sub-paragraph (1) is to 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 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 a statutory undertaker in respect of works by virtue of sub-paragraph (1) is to, 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 statutory undertaker 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.

PART 2 For the protection of National Grid Gas plc

For the protection of National Grid Gas plc (Company Number 2006000) (“NG Gas”) the undertaker and NG Gas have entered into an agreement dated 24 June 2013 containing provisions for the protection and benefit of NG Gas in relation to the exercise operation and use of new rights over the Order land in which NG Gas has rights. These provisions are to have effect unless otherwise varied or amended in writing between the undertaker and NG Gas.

PART 3 For the protection of Network Rail Infrastructure Limited

For the protection of Network Rail Infrastructure Limited and any associated Undertaker of Network Rail Infrastructure Limited which holds property for railway purposes (and for the purpose of this definition “associated Undertaker” means any undertaker which is (within the meaning of sections 1161 and 1162 of the Companies Act 2006(5)) the parent undertaking of Network Rail Infrastructure Limited, the subsidiary undertaking of Network Rail Infrastructure Limited or another subsidiary undertaking of the holding undertaking of Network Rail Infrastructure Limited) the undertaker and Network Rail Infrastructure Limited have entered into an agreement dated 20 May 2013 containing provisions for the protection and benefit of Network Rail Infrastructure Limited and any such associated Undertaker in relation to the exercise operation and use of new rights over the Order land owned, operated and managed by Network Rail Infrastructure Limited and any such associated Undertaker. These provisions are to have effect unless otherwise varied or amended in writing between the undertaker and Network Rail Infrastructure Limited.

PART 4 For the protection of operators of electronic communications code networks

1.  For the protection of any operator, the following provisions are to have effect, unless otherwise agreed in writing between the undertaker and the operator.

2.  In this Part of this Schedule—

“the 2003 Act” means the Communications Act 2003(6);

“conduit system” has the same meaning as in the electronic communications code and references to providing a conduit system are to be construed in accordance with paragraph 1(3A) of that code;

“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 of Part 2 of the 2003 Act;

“electronic communications code network” means—

(a)

so much of an electronic communications network or conduit 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 of the 2003 Act; and

(b)

an electronic communications network which the Secretary of State 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, or paragraph 17 of Schedule 18 to, the 2003 Act; and

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

3.  The exercise of the powers of article 27 (statutory undertakers) are subject to paragraph 23 of Schedule 2 to the Telecommunications Act 1984(7).

4.—(1) Subject to sub-paragraphs (2) and (3), if as the result of the authorised development or their construction, or of any subsidence resulting from any of those works 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) the undertaker must bear and pay the cost reasonably and properly incurred by the operator in making good such damage.

(2) Nothing in sub-paragraph (1) is to impose any liability on the undertaker with respect to any damage to the extent that it is attributable to the act, neglect or default of an operator, its officers, servants, contractors or agents.

(3) Any difference arising between the undertaker and the operator under this paragraph is to be referred to and settled by arbitration under article 34 (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 of the 1991 Act; or

(b) any damage 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.

Article 35(2)

SCHEDULE 9 Discharge of requirements

Applications made under requirement

1.  Where an application has been made to the relevant planning authority for any agreement or approval required pursuant to a Requirement included in this Order, the relevant planning authority must give notice to the undertaker of their decision including the reasons 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 authority; or

(b) such longer period as may be agreed by the undertaker and the relevant planning authority.

Further information

2.—(1) Where an application has been made under paragraph 1 the relevant planning authority shall have the right to request such reasonable further information from the undertaker as is necessary to enable it to consider the application.

(2) If the relevant planning authority considers further information is needed, and the requirement does not specify that consultation with a requirement consultee is required, it must, within 14 business days of receipt of the application, notify the undertaker in writing specifying the further information required.

(3) If the requirement indicates that consultation must take place with a requirement consultee the relevant planning authority must issue the consultation to the requirement consultee within 5 business day of receipt of the application and must notify the undertaker in writing specifying any further information requested by the requirement consultee within 3 business day of receipt of such a request and in any event within 21 business days of receipt of the application.

(4) In the event that the relevant planning authority does not give such notification as specified in sub-paragraph (2) or (3) it is deemed to have sufficient information to consider the application and is not thereafter be entitled to request further information without the prior agreement of the undertaker.

Appeals

3.  The undertaker may appeal in the event that—

(a) the relevant planning authority refuses an application for any consent, agreement or approval required by a requirement included in this Order or grants it subject to conditions; or

(b) the relevant planning authority does not give notice of its decision to the undertaker within the time period specified in paragraph 1;

and any appeal must be made within 42 business days following the occurrence of any of the events in sub-paragraphs (a) and (b).

Appeal process

4.—(1) Any appeal under this Schedule shall take place by written representations only. The appeal process shall be as follows—

(a) the undertaker must submit to the Secretary of State a copy of the application submitted to the relevant planning authority and any supporting documents which the undertaker may wish to provide (“the appeal documentation”) and must on the same day provide copies of the appeal documentation to the relevant planning authority and any requirement consultee;

(b) as soon as is practicable after receiving the appeal documentation, the Secretary of State shall appoint a person to determine the appeal (“the appointed person”) and shall notify the appeal parties of the identity of the appointed person and the address to which all correspondence for that person’s attention should be sent;

(c) the relevant planning authority and the requirement consultee (if any) must submit written representations to the appointed person in respect of the appeal within 10 business days of the date on which the appeal parties are notified of the appointed person under paragraph (b) and must ensure that copies of their written representations are sent to each other and to the undertaker on the day on which they are submitted to the appointed person;

(d) the appeal parties must make any counter-submissions to the appointed person within 10 business days of receipt of written representations pursuant to paragraph (c); and

(e) the appointed person shall make a decision and notify it to the appeal parties, with reasons, as soon as practicable.

(2) The appointment of the person pursuant to sub-paragraph (1)(b) may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State.

(3) In the event that the appointed person considers that further information is necessary to enable him to consider the appeal he shall, as soon as practicable, notify the appeal parties in writing specifying the further information required, the party from whom the information is sought and the date by which the information is to be submitted.

(4) Any further information required pursuant to sub-paragraph (3) must be provided to the appointed person and the other appeal parties on or before the date specified by the appointed person. Any written representations concerning matters contained in the further information must be provided to the appointed person and the other appeal parties within 10 business days of that date.

(5) On an appeal under this paragraph, the appointed person may—

(a) allow or dismiss the appeal; or

(b) reverse or vary any part of the decision of the relevant planning authority (whether the appeal relates to that part of it or not),

and may deal with the application as if it had been made to him in the first instance and must state in writing the reasons for any decision.

(6) The appointed person may proceed to a decision on an appeal taking into account only such written representations as have been sent within the time limits set by the appointed person under this paragraph.

(7) The appointed person may proceed to a decision even though no written representations have been made within the relevant time limits, if it appears to him that there is sufficient material to enable a decision to be made on the merits of the case.

(8) The decision of the appointed person on an appeal is final and binding on the parties, and a court may entertain proceedings for questioning the decision only if the proceedings are brought by a claim for judicial review.

(9) If an approval is given by the appointed person pursuant to this Schedule, it is deemed to be an approval for the purpose of Schedule 2 to this Order as if it had been given by the relevant planning authority.

(10) Save where a direction is given pursuant to sub-paragraph (11) requiring the costs of the appointed person to be paid by the relevant planning authority, the reasonable costs of the appointed person must be met by the undertaker.

(11) On application by the relevant planning authority or the undertaker, the appointed person may give directions as to the costs of the appeal parties and as to the parties by whom the costs of the appeal are to be paid. In considering whether to make any such direction and the terms on which it is to be made, the appointed person is to have regard to Communities and Local Government Circular 03/2009 or any circular or guidance which may from time to time replaces it.

Fees

5.—(1) Where an application is made to the relevant planning authority for agreement or approval in respect of a requirement a fee of £97.00 is to be paid to it.

(2) Any fee paid under this Schedule must be refunded to the undertaker within 4 weeks of—

(a) the application being rejected as invalidly made; or

(b) the relevant planning authority failing to determine the application within the period determined under sub-paragraph (1);

unless within that period the undertaker agrees in writing that the fee is to be retained by the relevant planning authority and credited in respect of a future application.

Interpretation of Schedule 9

6.  In this Schedule—

“the appeal parties” means the relevant planning authority, the requirement consultee and the undertaker;

“business day” means a day other than Saturday or Sunday which is not Christmas Day, Good Friday or a bank holiday under section 1 of the Banking and Financial Dealings Act 1971(8);

“requirement consultee” means any body named in a Requirement which is the subject of an appeal as a body to be consulted by the relevant planning authority in discharging that Requirement.

(1)

1973 c. 26. Section 20 was amended by subsection (6) and (12) of section 146 of, and Schedule 13 to, the Road Traffic Regulation Act 1984 (c. 27). Subsection (10) of section 20 was repealed by section 343(3) of, and Schedule 25 to, the Highways Act 1980 (c. 66) and subsection (11) was repealed by section 155 of, and Schedule 25 to, the Rent Act 1977 (c. 42). Section 44 was amended by Schedule 24 to the Highways Act 1980 (c. 66), by section 67(1) and Schedule 7 to the Gas Act 1986 (c. 44), and Schedule 1 to the Water Consolidation (Consequential Provisions) Act 1991 (c. 60). There are other amendments to the 1973 Act which are not relevant to this Order.

(2)

1989 c. 29. The definition of “electrical plant” in section 64 was amended by section 108 of and Schedule 6 to the Utilities Act 2000 (c. 27). Part 1 of the Act was amended by Part 4 of the Utilities Act. There are other amendments to the Act not relevant to this Order.

(3)

1991 c. 56.

(4)

1986 c. 44. A new section 7 was substituted by section 5 of the Gas Act 1995 (c. 45), and was further amended by section 76 of the Utilities Act 2000 (c. 27).

(5)

2006 c. 46. There are amendments to the Act which are not relevant to this Order.

(6)

2003 c. 21. There are amendments to the Act which are not relevant to this Order.

(7)

1984 c. 12. There are amendments to the Act which are not relevant to this Order.

(8)

1971 c. 80. There are amendments to this Act which are not relevant to this Order.