19.—(1) This article applies to—
(a)an agreement for leasing to a person the whole or part of the authorised development or the right to operate it; and
(b)an agreement entered into by the undertaker with a person for the construction, maintenance, use or operation of the authorised development or part of it,
so far as the agreement relates to the terms on which land that is the subject of a lease granted by or under the agreement is to be provided for that person’s use.
(2) No enactment or rule of law regulating the rights and obligations of landlords and tenants prejudices the operation of an agreement to which this article applies.
(3) Accordingly, no such enactment or rule of law applies in relation to the rights and obligations of the parties to a lease granted by or under an agreement to which this article applies so as to—
(a)exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter;
(b)confer or impose on a party to the lease any right or obligation arising out of or connected with anything done or omitted on or in relation to land that is the subject of the lease, in addition to a right or obligation provided for by the terms of the lease; or
(c)restrict the enforcement (whether by action for damages or otherwise) by a party to the lease of an obligation of any other party under the lease.
20. Development consent granted by this Order must be treated as specific planning permission for the purposes of section 264(3)(a) of the 1990 Act (cases in which land is to be treated as not being operational land).
21. Schedule 4 (protective provisions) has effect.
22.—(1) The undertaker must, as soon as practicable after the making of this Order, submit to the Secretary of State copies of—
(a)the book of reference (document 4.03 Rev1, April 2015);
(b)the design and access statement (document 10.03, July 2014);
(c)the design principles document (document DPD1.01, April 2015);
(d)the environmental statement (documents 6.01 to 6.04.7, July 2014);
(e)the land plans (document 2.03, July 2014); and
(f)the works plans (document 2.04, July 2014),
for certification that they are true copies of the plans or documents referred to in this Order.
(2) A plan or document so certified is admissible in proceedings as evidence of the contents of the document of which it is a copy.
23.—(1) A notice or other document required or authorised to be served for the purposes of this Order may be served—
(a)by post;
(b)by delivering it to the person on whom it is to be served or to whom it is to be given or supplied; or
(c)with the consent of the recipient and subject to paragraphs (6) to (8), by electronic transmission.
(2) Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.
(3) For the purposes of section 7 of the Interpretation Act 1978(1) as it applies for the purposes of this article, the proper address of any person in relation to the service on the person of a notice or document under paragraph (1) is, if the person has given an address for service, that address, and otherwise—
(a)in the case of the secretary or clerk of a body corporate, the registered or principal office of the body; and
(b)in any other case, the last known address of the person at the time of service.
(4) Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and the name or address of the person cannot be ascertained after reasonable enquiry, the notice may be served by—
(a)addressing it to the person by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it); and
(b)either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.
(5) Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission, the requirement is to be taken to be fulfilled only where—
(a)the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission in writing or by electronic transmission;
(b)the notice or document is capable of being accessed by the recipient;
(c)the notice or document is legible in all material respects; and
(d)the notice or document is in a form sufficiently permanent to be used for subsequent reference.
(6) Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within 7 days of receipt that the recipient requires a paper copy of all or part of that notice or other document, the sender must provide such a copy as soon as reasonably practicable.
(7) Any consent to the use of electronic transmission given by a person may be revoked by that person in accordance with paragraph (8).
(8) Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this Order—
(a)the person must give notice in writing or by electronic transmission revoking any consent given by the person for that purpose; and
(b)such revocation is final and takes effect on a date specified by the person in the notice, but the date must not be less than 7 days after the date on which the notice is given.
(9) This article must not be taken to exclude the employment of any method of service not expressly provided for by it.
(10) In this article—
“address” includes any number or address used for the purposes of electronic transmission;
“electronic transmission” means a communication transmitted—
by means of an electronic communications network; or
by other means in electronic form.
24.—(1) Where an application is made to, or request is made of, the relevant planning authority, the highway authority or the owner of a watercourse, sewer or drain for any consent, agreement or approval required or contemplated by any of the provisions of this Order (including a Requirement), the consent, agreement or approval, if given, must be given in writing and must not be unreasonably withheld.
(2) Schedule 5 (procedure for discharge of Requirements) has effect in relation to all consents, agreements or approvals granted, refused or withheld in relation to the Requirements.
25. Any difference under any provision of this Order, unless otherwise provided for, must be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) by the President of the Institution of Civil Engineers.
26.—(1) Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown, and in particular nothing in this Order authorises the undertaker or any licensee—
(a)to take, use, enter on or in any manner interfere with any land or rights of any description (including any portion of the shore or bed of the sea or any river, channel, creek, bay or estuary)—
(i)belonging to Her Majesty in right of the Crown and forming part of the Crown Estate without the consent in writing of the Crown Estate Commissioners(2);
(ii)belonging to Her Majesty in right of the Crown and not forming part of the Crown Estate without the consent in writing of the government department having the management of that land; or
(iii)belonging to a government department or the Welsh Government or held in trust for Her Majesty for the purposes of a government department or the Welsh Government without the consent in writing of that government department or the Welsh Government; or
(b)to exercise any right under this Order compulsorily to acquire an interest in any land which is Crown land (as defined in section 227 of the 2008 Act) that is for the time being held otherwise than by or on behalf of the Crown without the consent in writing of the appropriate Crown authority (as defined in that section).
(2) A consent under paragraph (1)—
(a)may be unconditional or subject to terms and conditions;
(b)may be given electronically.
“Crown Estate Commissioners” is defined in Schedule 1 to the Interpretation Act 1978.