The Thorpe Marsh Gas Pipeline Order 2016

Article 23

SCHEDULE 5 LAND IN WHICH NEW RIGHTS, ETC. MAY BE ACQUIRED

(1) Number of land shown on land plans	(2) Purpose for which rights may be acquired
5	The right to—
	(a)	pass and re-pass with or without vehicles, machinery, plant and equipment for the purposes of survey, and for the purposes of laying down, installing, constructing, adjusting, altering, using, maintaining, repairing, renewing, upgrading, inspecting, surveying, cleansing, re-laying, diverting, making safe, making incapable of operation, removing and replacing the AGI site (as defined in article 2 (interpretation)), mains power and telecommunication cables and associated works, plant and equipment, and to effect access to the highway and site compounds;
	(b)	lay down, use, repair, alter and remove matting, trackways, hard standings for the purposes of access to the AGI site and associated works, plant and equipment, and to restore and re-instate the land to its prior condition;
	(c)	remove, store and stockpile topsoil and subsoil, employ water barriers and pumping equipment, remove materials and to restore and re-instate the land to its prior condition;
	(d)	fell, lop, prune or cut trees, shrubs or hedges, or uproot and remove the roots of trees, shrubs and hedges for the purposes of enabling the right to pass and re-pass to adjoining land;
	(e)	install, maintain, use, inspect, modify, improve, adjust, repair, replace, extend, test, cleanse and remove temporary drainage; to manage water flows in existing drains, watercourses and culverts, including by way of damming and overpumping;
	(f)	remove fences, hedges, gates or other barriers during any period during which installation, construction, maintenance renewal, repair, upgrading, or replacement of the AGI site and associated works, plant and equipment is being carried out or for the exercise of the power to access the AGI site and associated works, plant and equipment (subject to the prior erection of any temporary stock proof fencing as is reasonably required) and the replacement, replanting or re-instatement of fences, hedges or other barriers following the exercise of the new rights;
	(g)	erect temporary bridges (including the bridging over of or protection of the apparatus of the statutory undertakers) and supporting or protective structures for the purposes of access to the AGI site and associated works, plant and equipment from adjoining land.
8, 9, 11, 12, 13, 16, 17, 20, 21, 22, 31, 41, 44, 45, 50, 51, 63, 65, 68, 69, 70, 71, 79, 81, 84, 88, 89, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 114, 115, 128, 129, 132, 134, 135, 136, 137, 138, 139, 140, 142, 143, 144, 145, 146, 147, 162, 163, 164, 165, 166, 167, 171, 172, 183, 186, 187, 196, 199, 202, 211, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 231, 239, 240, 243, 245, 246, 247, 248, 251, 259, 264, 265	The right to enter and remain upon the land for the purposes of the operation, maintenance and decommissioning of the authorised development and to—
	(a)	lay down, construct, install, adjust, alter, test, use, maintain, repair, renew, upgrade, inspect, survey, cleanse, re-lay, divert, make safe, make incapable of operation, replace and remove the pipeline together with ancillary equipment including cathodic protection to include installation by digging trenches, the use of or resorting to directional drilling, auger boring, thrust boring, micro tunnelling or pipe ramming or other similar trenchless techniques for the laying of the pipeline within a corridor of up to 7.6 metres in width;
	(b)	enter and be upon that part of the land over which the new rights are acquired and remain with or without all necessary plant, vehicles, machinery, materials, drilling fluids, apparatus and equipment—
		(i)	for the purposes of installing, constructing, adjusting, altering, testing, using, maintaining, repairing, renewing, upgrading, inspecting, surveying, cleansing, re-laying, diverting, making safe, making incapable of operation, replacing and removing the pipeline and ancillary equipment to include cathodic protection;
		(ii)	to remove, store and stockpile topsoil and subsoil and materials;
		(iii)	install water barriers, trench shuttering and pumping equipment; and
		(iv)	to restore and reinstate the land to its condition prior to commencement of the works to install the pipeline and ancillary equipment to include cathodic protection (subject to the retention of permanent works) following their installation within the land;
	(c)	retain and use the pipeline and ancillary equipment to include cathodic protection within that part of the land over which the new rights are acquired for the purpose of the transmission of gas and for associated purposes;
	(d)	upgrade, improve, widen, repair, maintain and adapt existing tracks and roadways and to pass and re-pass within that part of the land over which the new rights are acquired with or without vehicles, plant and machinery;
	(e)	place and use apparatus, materials (including matting, trackways, hard standing and other material in connection with construction of haul and access roads and storage areas), plant, machinery, trench shuttering, temporary structures and welfare accommodation for the installation, construction, maintenance, repairing, renewing, upgrading, inspecting, removal and replacing of the pipeline and ancillary equipment to include cathodic protection within that part of the land over which the new rights are acquired; and to construct, lay down, use and remove temporary haul and access roads, trackways, matting and other suitable materials, including for any necessary temporary bridging of statutory undertakers’ apparatus, other apparatus, conduits, watercourses, ditches and drains; and to effect access to the highway;
	(f)	install, keep, maintain, replace, renew and remove pipeline marker posts, test posts and aerial markers within that part of the land over which the new rights are acquired, to identify the location of the pipeline (subject to the undertaker seeking to locate the marker posts so as to minimise interference with the owner’s future use and operations within the land);
	(g)	fell, lop, prune or cut trees, shrubs or hedges or remove roots of trees, hedges or shrubs within that part of the land over which the new rights are acquired for the purposes of installing, constructing, adjusting, altering, testing, using, maintaining, repairing, renewing, upgrading, inspecting, surveying, cleansing, re-laying, diverting, making safe, making incapable of operation, replacing and removing the pipeline and ancillary equipment to include cathodic protection;
	(h)	use, inspect, modify, maintain, adjust, alter, support, renew, repair, improve, extend, test or cleanse and to connect in to existing drainage, watercourses, sewers or culverts and to manage water flows in existing drains, watercourses and culverts, including by way of damming and overpumping within that part of the land over which the new rights are acquired;
	(i)	alter, re-lay, maintain, adjust or remove existing pipes, cables or conduits or service media and associated apparatus (including apparatus of statutory undertakers) within that part of the land over which the new rights are acquired;
	(j)	install, construct, maintain, use, improve, cleanse, repair, replace and remove new pipes, cables, conduits, service media and associated apparatus that are used for the purposes of transmitting or distributing electricity, communications, gas, oil, water supply, sewerage and drainage (including apparatus of statutory undertakers) within that part of the land over which the new rights are acquired;
	(k)	erect, maintain and remove temporary fencing for site safety and to create, retain and remove temporary secure works compounds within that part of the land over which the new rights are acquired;
	(l)	remove fences, hedges, gates or other barriers during any period during which laying down, construction, installation, adjusting, altering, testing, maintaining, repairing, renewing, upgrading, cleansing, relaying, diverting, making safe, making incapable of operation, replacing and removing the pipeline and ancillary equipment to include cathodic protection (subject to the prior erection of any temporary stock proof fencing as is reasonably required and the replacement, replanting or re-instatement of fences, hedges or other barriers following the exercise of the new rights);
	(m)	install, maintain, use, inspect, modify, improve, adjust, repair, replace, extend, test, cleanse and remove temporary and permanent drainage;
	(n)	carry out environmental surveys, mitigation works, maintenance and enhancement works within that part of the land over which the new rights are acquired;
	(o)	enter for the purposes of intrusive surveys including for site investigation and environmental surveys, making of boreholes, trial pits and archaeological trenches, auger hole sampling and the taking of soil and other samples, and to reinstate the land to its condition prior to commencement of such works;
	(p)	benefit from continuous vertical and lateral support for the pipeline and associated apparatus;
	(q)	erect temporary signage and provide measures for benefit of public and personnel safety;
	(r)	erect, maintain and remove temporary noise alleviation measures as well as temporary barriers for the protection of fauna within that part of the land over which the new rights are acquired.
	A restrictive covenant over the land for the benefit of the remainder of the Order land—
	(a)	not to undermine or damage the pipeline nor to do anything which may interfere with free flow and passage of gas through the pipeline or support for the pipeline within that part of the land over which the new rights are acquired;
	(b)	not to alter or permit or allow to be altered the then existing level of the land nor to cover or permit or allow to be covered the surface of the land over which the new rights are acquired in such manner as to render the access to the pipeline impracticable or more difficult or which may damage it within that part of the land over which the new rights are acquired;
	(c)	not to erect construct or place or suffer to be erected constructed or placed any building or structure or carry out or suffer to be carried out any excavation or plant or suffer to be planted any trees on or within that part of the land without the previous consent in writing of the undertaker such consent not to be unreasonably withheld or delayed.
10, 18, 19, 30, 37, 38, 48, 49, 61, 62, 64, 73, 77, 85, 86, 87, 133, 179, 180, 190, 193, 205, 208, 227, 229, 235, 237, 263	The right to enter and remain upon the land for the purposes of the operation, maintenance and decommissioning of the authorised development and to—
	(a)	lay down, construct, install, adjust, alter, test, use, maintain, repair, renew, upgrade, inspect, survey, cleanse, re-lay, divert, make safe, make incapable of operation, replace and remove the pipeline together with ancillary equipment including cathodic protection to include installation by digging trenches, the use of or resorting to directional drilling, auger boring, thrust boring, micro tunnelling or pipe ramming or other similar trenchless techniques for the laying of the pipeline within a corridor of up to 7.6 metres in width;
	(b)	enter and be upon that part of the land over which the new rights are acquired and remain with or without all necessary plant, vehicles, machinery, materials, drilling fluids, apparatus and equipment—
		(i)	for the purposes of installing, constructing, adjusting, altering, testing, using, maintaining, repairing, renewing, upgrading, inspecting, surveying, cleansing, re-laying, diverting, making safe, making incapable of operation, replacing and removing the pipeline and ancillary equipment to include cathodic protection;
		(ii)	to remove, store and stockpile topsoil and subsoil and materials;
		(iii)	install water barriers, trench shuttering and pumping equipment; and
		(iv)	to restore and reinstate the land to its condition prior to commencement of the works to install the pipeline and ancillary equipment to include cathodic protection (subject to the retention of permanent works) following their installation within the land;
	(c)	retain and use the pipeline and ancillary equipment to include cathodic protection within that part of the land over which the new rights are acquired for the purpose of the transmission of gas and for associated purposes;
	(d)	upgrade, improve, widen, repair, maintain and adapt existing tracks and roadways and to pass and re-pass within that part of the land over which the new rights are acquired with or without vehicles, plant and machinery;
	(e)	place and use apparatus, materials (including matting, trackways, hard standing and other material in connection with construction of haul and access roads and storage areas), plant, machinery, trench shuttering, temporary structures and welfare accommodation for the installation, construction, maintenance, repairing, renewing, upgrading, inspecting, removal and replacing of the pipeline and ancillary equipment to include cathodic protection within that part of the land over which the new rights are acquired; and to construct, lay down, use and remove temporary haul and access roads, trackways, matting and other suitable materials, including for any necessary temporary bridging of statutory undertakers’ apparatus, other apparatus, conduits, watercourses, ditches and drains; and to effect access to the highway;
	(f)	install, keep, maintain, replace, renew and remove pipeline marker posts, test posts and aerial markers within that part of the land over which the new rights are acquired, to identify the location of the pipeline (subject to the undertaker seeking to locate the marker posts so as to minimise interference with the owner’s future use and operations within the land);
	(g)	fell, lop, prune or cut trees, shrubs or hedges or remove roots of trees, hedges or shrubs within that part of the land over which the new rights are acquired for the purposes of installing, constructing, adjusting, altering, testing, using, maintaining, repairing, renewing, upgrading, inspecting, surveying, cleansing, re-laying, diverting, making safe, making incapable of operation, replacing and removing the pipeline and ancillary equipment to include cathodic protection;
	(h)	use, inspect, modify, maintain, adjust, alter, support, renew, repair, improve, extend, test or cleanse and to connect in to existing drainage, watercourses, sewers or culverts and to manage water flows in existing drains, watercourses and culverts, including by way of damming and overpumping within that part of the land over which the new rights are acquired;
	(i)	alter, re-lay, maintain, adjust or remove existing pipes, cables or conduits or service media and associated apparatus (including apparatus of statutory undertakers) within that part of the land over which the new rights are acquired;
	(j)	install, construct, maintain, use, improve, cleanse, repair, replace and remove new pipes, cables, conduits, service media and associated apparatus that are used for the purposes of transmitting or distributing electricity, communications, gas, oil, water supply, sewerage and drainage (including apparatus of statutory undertakers) within that part of the land over which the new rights are acquired;
	(k)	erect, maintain and remove temporary fencing for site safety and to create, retain and remove temporary secure works compounds within that part of the land over which the new rights are acquired;
	(l)	remove fences, hedges, gates or other barriers during any period during which laying down, construction, installation, adjusting, altering, testing, maintaining, repairing, renewing, upgrading, cleansing, relaying, diverting, making safe, making incapable of operation, replacing and removing the pipeline and ancillary equipment to include cathodic protection (subject to the prior erection of any temporary stock proof fencing as is reasonably required and the replacement, replanting or re-instatement of fences, hedges or other barriers following the exercise of the new rights);
	(m)	install, maintain, use, inspect, modify, improve, adjust, repair, replace, extend, test, cleanse and remove temporary and permanent drainage;
	(n)	carry out environmental surveys, mitigation works, maintenance and enhancement works within that part of the land over which the new rights are acquired;
	(o)	enter for the purposes of intrusive surveys including for site investigation and environmental surveys, making of boreholes, trial pits and archaeological trenches, auger hole sampling and the taking of soil and other samples, and to reinstate the land to its condition prior to commencement of such works;
	(p)	benefit from continuous vertical and lateral support for the pipeline and associated apparatus;
	(q)	erect temporary signage and provide measures for benefit of public and personnel safety; and
	(r)	erect, maintain and remove temporary noise alleviation measures as well as temporary barriers for the protection of fauna within that part of the land over which the new rights are acquired.
175	The right to enter and remain upon the land for the purposes of the operation, maintenance and decommissioning of the authorised development and to—
	(a)	lay down, construct, install, adjust, alter, test, use, maintain, repair, renew, upgrade, inspect, survey, cleanse, re-lay, divert, make safe, make incapable of operation, replace and remove cathodic protection, mains power and telecommunications cables, cabinets and kiosks and permanent access road;
	(b)	enter and be upon that part of the land over which the new rights are acquired and remain with or without all necessary plant, vehicles, machinery, materials, drilling fluids, apparatus and equipment—
		(i)	for the purposes of installing, constructing, adjusting, altering, testing, using, maintaining, repairing, renewing, upgrading, inspecting, surveying, cleansing, re-laying, diverting, making safe, making incapable of operation, replacing and removing cathodic protection, mains power and telecommunications cables, cabinets and kiosks and permanent access road;
		(ii)	to remove, store and stockpile topsoil and subsoil and materials, install water barriers, trench shuttering and pumping equipment; and
		(iii)	to restore and reinstate the land to its condition prior to commencement of the works to install the cathodic protection, mains power and telecommunications cables, cabinets and kiosks and permanent access road (subject to the retention of permanent works) following their installation within the land;
	(c)	retain and use the cathodic protection, mains power and telecommunications cables, cabinets and kiosks and permanent access road within that part of the land over which the new rights are acquired for the purposes of the authorised development;
	(d)	upgrade, improve, widen, repair, maintain and adapt existing tracks and roadways and to pass and re-pass within that part of the land over which the new rights are acquired with or without vehicles, plant and machinery;
	(e)	place and use apparatus, materials (including matting, trackways, hard standing and other material in connection with construction of haul and access roads and storage areas), plant, machinery, trench shuttering, temporary structures and welfare accommodation for the installation, construction, maintenance, repairing, renewing, upgrading, inspecting, removal and replacing of the cathodic protection, mains power and telecommunications cables, cabinets and kiosks and permanent access road within that part of the land over which the new rights are acquired; and to construct, lay down, use and remove temporary haul and access roads, trackways, matting and other suitable materials, including for any necessary temporary bridging of statutory undertakers’ apparatus, other apparatus, conduits, watercourses, ditches and drains; and to effect access to the highway;
	(f)	install, keep, maintain, replace, renew and remove cathodic protection marker posts and test posts within that part of the land over which the new rights are acquired, to identify the location of the cathodic protection infrastructure (subject to the undertaker seeking to locate the marker posts so as to minimise interference with the owner’s future use and operations within the land);
	(g)	fell, lop, prune or cut trees, shrubs or hedges or remove roots of trees, hedges or shrubs within that part of the land over which the new rights are acquired for the purposes of installing, constructing, adjusting, altering, testing, using, maintaining, repairing, renewing, upgrading, inspecting, surveying, cleansing, re-laying, diverting, making safe, making incapable of operation, replacing and removing the cathodic protection, mains power and telecommunications cables, cabinets and kiosks and permanent access road;
	(h)	use, inspect, modify, maintain, adjust, alter, support, renew, repair, improve, extend, test or cleanse and to connect in to existing drainage, watercourses, sewers or culverts and to manage water flows in existing drains, watercourses and culverts, including by way of damming and overpumping within that part of the land over which the new rights are acquired;
	(i)	alter, re-lay, maintain, adjust or remove existing pipes, cables or conduits or service media and associated apparatus (including apparatus of statutory undertakers) within that part of the land over which the new rights are acquired;
	(j)	install, construct, maintain, use, improve, cleanse, repair, replace and remove new pipes, cables, conduits, service media and associated apparatus that are used for the purposes of transmitting or distributing electricity, communications, gas, oil, water supply, sewerage and drainage (including apparatus of statutory undertakers) within that part of the land over which the new rights are acquired;
	(k)	erect, maintain and remove temporary fencing for site safety and to create, retain and remove temporary secure works compounds within that part of the land over which the new rights are acquired;
	(l)	remove fences, hedges, gates or other barriers during any period during which laying down, construction, installation, adjusting, altering, testing, maintaining, repairing, renewing, upgrading, cleansing, relaying, diverting, making safe, making incapable of operation, replacing and removing the cathodic protection, mains power and telecommunications cables, cabinets and kiosks and permanent access road (subject to the prior erection of any temporary stock proof fencing as is reasonably required and the replacement, replanting or re-instatement of fences, hedges or other barriers following the exercise of the new rights);
	(m)	install, maintain, use, inspect, modify, improve, adjust, repair, replace, extend, test, cleanse and remove temporary and permanent drainage;
	(n)	carry out environmental surveys, mitigation works, maintenance and enhancement works within that part of the land over which the new rights are acquired;
	(o)	enter for the purposes of intrusive surveys including for site investigation and environmental surveys, making of boreholes, trial pits and archaeological trenches, auger hole sampling and the taking of soil and other samples, and to reinstate the land to its condition prior to commencement of such works;
	(p)	benefit from continuous vertical and lateral support for the cathodic protection, mains power and telecommunications cables, cabinets and kiosks and permanent access road;
	(q)	erect temporary signage and provide measures for benefit of public and personnel safety;
	(r)	erect, maintain and remove temporary noise alleviation measures as well as temporary barriers for the protection of fauna within that part of the land over which the new rights are acquired.
	A restrictive covenant over the land for the benefit of the remainder of the Order land—
	(a)	not to undermine or damage the cathodic protection, mains power and telecommunications cables, cabinets and kiosks and permanent access road, nor to do anything which may interfere with the operation of or support for such equipment within that part of the land over which the new rights are acquired;
	(b)	not to alter or permit or allow to be altered the then existing level of the land nor to cover or permit or allow to be covered the surface of the land within that part of the land over which the new rights are acquired in such manner as to render the access to the cathodic protection, mains power and telecommunications cables, cabinets and kiosks and permanent access road impracticable or more difficult or which may damage it within that part of the land over which the new rights are acquired;
	(c)	not to erect construct or place or suffer to be erected constructed or placed any building or structure or carry out or suffer to be carried out any excavation or plant or suffer to be planted any trees on within that part of the land without the previous consent in writing of the undertaker such consent not to be unreasonably withheld or delayed.
176	The right to—
	(a)	pass and re-pass with or without vehicles, machinery, plant and equipment for the purposes of survey, and for the purposes of laying down, installing, constructing, adjusting, altering, using, maintaining, inspecting, surveying, cleansing, re-laying, diverting, making safe, making incapable of operation, removing and replacing cathodic protection, mains power and telecommunication cables, cabinets and kiosks and permanent access road, and to effect access to the highway and site compounds;
	(b)	lay down, use, repair, alter and remove matting, trackways, hard standings for the purposes of access to the cathodic protection, mains power and telecommunication cables, cabinets and kiosks and permanent access road and to restore and re-instate the land to its prior condition;
	(c)	remove, store and stockpile topsoil and subsoil, employ water barriers and pumping equipment, remove materials and to restore and re-instate the land to its prior condition;
	(d)	fell, lop, prune or cut trees, shrubs or hedges, or uproot and remove the roots of trees, shrubs and hedges for the purposes of enabling the right to pass and re-pass to adjoining land;
	(e)	install, maintain, use, inspect, modify, improve, adjust, repair, replace, extend, test, cleanse and remove temporary drainage; to manage water flows in existing drains, watercourses and culverts, including by way of damming and overpumping;
	(f)	remove fences, hedges, gates or other barriers during any period during which installation, construction, maintenance renewal, repair, upgrading, or replacement of the cathodic protection, mains power and telecommunication cables, cabinets and kiosks and permanent access road is being carried out or for the exercise of the power to access the cathodic protection, mains power and telecommunication cables, cabinets and kiosks and permanent access road (subject to the prior erection of any temporary stock proof fencing as is reasonably required) and the replacement, replanting or re-instatement of fences, hedges or other barriers following the exercise of the new rights;
	(g)	erect temporary bridges (including the bridging over of or protection of the apparatus of the statutory undertakers) and supporting or protective structures for the purposes of access to the cathodic protection, mains power and telecommunication cables, cabinets and kiosks and permanent access road from adjoining land.