Article 4
1. A nationally significant infrastructure project as defined in sections 14 and 20 of the 2008 Act and associated development within the meaning of section 115 of the 2008 Act comprising the works described below.
In North Lincolnshire and the East Riding of Yorkshire—
Work No. 1 – A high-pressure gas transporter pipeline up to 6 kilometres in length and up to 1050 millimetres in diameter between the Goxhill AGI and Paull AGI and comprised of the following:
Work No. 1A – A high-pressure gas pipeline approximately 1,100 metres in length—
(a)starting at the Goxhill AGI and ending at the indicative start point of Work No. 1B, with the indicative route shown by the blue line on works plans sheet 5 and subject to the limits of deviation in article 7 (limits of deviation); and
(b)construction and installation of the pipeline by trenched and trenchless methods which may include the installation of a concrete-lined sleeve tunnel, drive shaft, backfilling of permanent structures.
Work No. 1B – A high-pressure gas pipeline approximately 3,800 metres in length—
(a)starting at the indicative end point of Work No. 1A and ending at the indicative start point of Work No. 1C, with the indicative route shown by the pink line on works plans sheets 5 to 7 and subject to the limits of deviation in article 7 (limits of deviation); and
(b)construction and installation of the pipeline by trenchless methods which may include the installation of a concrete-lined sleeve tunnel, backfilling of permanent structures.
Work No. 1C – A high-pressure gas pipeline approximately 750 metres in length—
(a)starting at the indicative end point of Work No. 1B and ending at the Paull AGI, with the indicative route shown by the blue line on works plans sheet 7 and subject to the limits of deviation in article 7 (limits of deviation);
(b)construction and installation of the pipeline by trenched and trenchless methods which may include the installation of a concrete-lined sleeve tunnel, reception shaft, backfilling of permanent structures; and
(c)reinforcement of existing high-pressure gas pipeline within the Paull AGI.
In North Lincolnshire—
Work No. 2A – A buried array of cathodic protection anode canisters with relevant associated equipment, at the indicative location shown on works plans sheet 5, comprising an area not greater than 1,536 square metres at a depth not less than 1 metre below ground.
Work No. 2B – Underground cathodic protection cables connecting Work Nos. 2A and 2C to Work No. 1, at the indicative location shown on works plans sheet 5, comprising a strip not greater than 10 metres in width and not less than 1 metre below ground.
Work No. 2C – Works for the connection of Work No 1A into the Goxhill AGI and associated capping works to the existing Feeder 09 pipeline comprising an area no greater than 792 square metres at the indicative location shown in works plan sheet 5 —
(a)temporary stopple and bypass pit;
(b)buried permanent stopple tees deviating vertically to a depth no greater than 4 metres;
(c)permanent above-ground nitrogen monitoring kiosk with dimensions not greater than 1 metre by 2 metres and not greater than 2 metres in height;
(d)cathodic protection facility including up to four transformer rectifier kiosks each comprised of control cabinet and junction box on a concrete plinth with dimensions not greater than 1 metre x 2 metres and not greater than 2 metres in height; and
(e)permanent post and rail fencing not greater than 1.5 metres in height.
In the East Riding of Yorkshire—
Work No. 3A – Works within the Paull AGI for the installation of above and below ground piping, and relevant associated insulation joints, valves, actuators and vents for the purposes of connecting Work No. 1C into the Paull AGI at the location shown on works plan sheet 7, such works not to be greater than 4 metres in height;
Work No. 3B – A cathodic protection facility including up to four transformer rectifier kiosks and distribution network operator kiosk, each comprised of control cabinet and junction box on a concrete plinth with dimensions not greater than 1 metre x 2 metres and not greater than 2 metres in height, surrounded by a post and rail fence, at the indicative location on works plan sheet 7.
Work No. 3C – Underground cathodic protection cables connecting Works No. 3B to Work No. 1, at the indicative location shown on works plans sheet 7, comprising a strip not greater than 6 metres in width and not less than 1 metre below ground.
Work No. 3D – Isolation works for the existing Feeder 09 pipeline at the indicative location shown in works plan sheet 7, comprising an area no greater than 154 square metres and—
(a)temporary stopple and bypass pit;
(b)buried permanent stopple tees deviating vertically to depth no greater than 4 metres; and
(c)permanent above-ground nitrogen monitoring kiosk with dimensions not greater than 1 metre x 2 metres and not greater than 2 metres in height.
Work No. 3E –
(a)a buried array of cathodic protection anode canisters with relevant associated equipment at the indicative location on works plan sheet 7 shown coloured blue, comprising an area not greater than 99 square metres at a depth not less than 1 metre below ground;
(b)associated temporary construction areas for the installation of Work No. 3E(a) shown hatched green; and
(c)temporary widening and improvement works for construction access for the authorised project.
Associated development in connection with the authorised project within the Order limits:
In North Lincolnshire—
Work No. 4 – Temporary construction and work areas for use during the construction of the authorised project shown hatched green on sheet 5 of the works plans described as Work Nos. 4A, 4B and 4C to include—
(a)office, staff training, welfare and security facilities;
(b)power supplies and temporary lighting;
(c)enclosures;
(d)pipeline construction and pre-testing;
(e)pipe equipment and fittings storage;
(f)tunnel construction and drive pit, equipment and fittings storage;
(g)plant storage;
(h)fabrication area;
(i)waste processing and management areas;
(j)spoil treatment and storage areas;
(k)installation of drainage, drainage attenuation and land drainage including outfalls;
(l)internal haul roads;
(m)access, parking and the installation of a temporary marshalled vehicular gate on East Marsh Road south of Fir Tree Farm, to be maintained during the construction of the authorised project;
(n)vehicle maintenance area including washing facilities;
(o)de-watering, recharging and water management areas including settlement lagoons; and
(p)grout batching plant and up to four silos for the storage of grout (not greater than 15 metres in height),
Work No. 4D to include—
(a)de-watering pipes, pumps and temporary groundwater discharge point at East Halton Beck (Skitter Drain);
(b)safety ramps at the point/s where the hoses will cross Footpath 50 on the Goxhill side of the Humber Estuary;
(c)temporary telemetry gauge for monitoring water levels;
(d)demarcation fencing, access and laydown; and
(e)the installation of a temporary vehicular gate at East Halton Skitter, to be maintained during the construction of the authorised project.
together with any works required in connection with the above.
In the East Riding of Yorkshire—
Work No. 5 – Temporary construction and work areas for use during the construction of the authorised project shown hatched green on sheet 7 of the works plans described as Work No. 5A to include—
(a)office, welfare and security facilities;
(b)power supplies and temporary lighting;
(c)enclosures;
(d)pipeline construction;
(e)pipe equipment and fittings storage;
(f)tunnel construction and reception pit, equipment and fittings storage;
(g)plant storage;
(h)fabrication area;
(i)waste storage areas;
(j)installation of drainage, drainage attenuation and land drainage including outfalls,
(k)internal haul roads;
(l)access and parking;
(m)vehicle maintenance area including washing facilities;
(n)de-watering and water management areas including settlement lagoons; and
(o)spoil treatment and storage
Work No. 5B to include—
(a)de-watering pipes and temporary groundwater discharge point to the Humber Estuary,
(b)enclosures and pipe, equipment and fittings storage for the purposes of Work No 3D; and
(c)access and laydown.
together with any works required in connection with the above.
In North Lincolnshire—
Work No. 6 –Access works for use during the construction of the authorised project at the indicative locations shown in Schedule 5 described below:
Work No. 6A – Temporary widening of the junction of Thornton Road and College Road at the location shown on sheet 1 of the works plans.
Work No. 6B – Temporary widening of Soff Lane and an existing private access to be improved to provide temporary construction access at the location shown on sheet 1 of the works plans connecting with Work No. 6C.
Work No. 6C – Temporary construction access to the east of Brantwood at the location shown on sheet 1 of the works plans.
Work No. 6D – Widening of Chapel Field Road at the location shown on sheet 1 of the works plans.
Work No. 6E – Temporary widening of Chapel Field Road at the location shown on sheet 1 of the works plans.
Work No. 6F – Widening of Chapel Field Road at the location shown on sheet 2 of the works plans.
Work No. 6G – Widening of Chapel Field Road at the location shown on sheet 2 of the works plans.
Work No. 6H – Widening of Ferry Road at the location shown on sheet 3 of the works plans.
Work No. 6I – Widening of Ferry Road at the location shown on sheet 3 of the works plans.
Work No. 6J – Widening of Ferry Road at the location shown on sheet 3 of the works plans.
Work No. 6K – Widening of Ferry Road at the location shown on sheet 4 of the works plans.
Work No. 6L – Widening of Ferry Road at the location shown on sheet 4 of the works plans.
Work No. 6M –Widening of the junction of Ferry Road and East Marsh Road at the location shown on sheet 4 of the works plans.
Work No. 6N - Widening of East Marsh Road at the location shown on sheet 4 of the works plans.
Work No. 6O - Widening of East Marsh Road at the location shown on sheet 4 of the works plans.
Work No. 6P - Widening of East Marsh Road at the location shown on sheet 5 of the works plans.
Work No. 6Q – Widening and reinforcing of the junction of East Marsh Road and Chapel Field Road at the location shown on sheet 5 of the works plans.
Work No. 6R - Temporary widening of Chapel Field Road at the location shown on sheet 5 of the works plans.
In the East Riding of Yorkshire—
Work No. 7 – Temporary settlement monitoring areas for Work No 1 shown hatched blue on sheet 7 of the works plans to include demarcation fencing, marker posts and monitoring pegs no greater than 2.4 metres in height.
In North Lincolnshire—
Work No. 8 – Temporary settlement monitoring areas for Work No 1 shown hatched blue on sheet 5 of the works plans to include demarcation fencing, marker posts and monitoring pegs no greater than 1 metre in height.
In the East Riding of Yorkshire—
Work No. 9 – Temporary access works for use during the construction of the authorised project at the locations shown below:
Work No. 9A – Temporary widening of Thorngumbald Road at the location shown on sheet 7 of the works plans.
Work No. 9B – Temporary widening of and improvement works of the private track at Rose Hill Farm at the location shown on sheets 7 and 8 of the works plans.
Work No. 9C – Temporary widening of Farbridge Lane and the junction with Paull Road at the location shown on sheet 8 of the works plans.
In North Lincolnshire—
Work No. 10 – Temporary spoil storage area shown dotted black on sheet 5 of the works plans to include spoil handling and storage bunds, re-grading of soil and earthworks (bunds not to be greater than 4 metres in height).
Work No. 11 – Temporary environmental management and mitigation area shown cross-hatched grey on works plans sheet 5 to be set aside during the construction of the authorised project for alternative roosting or foraging for birds associated with the Humber Estuary Special Protection Area.
Work No. 12 – Temporary abstraction hoses connected to temporary caged high head pumps shown hatched green on works plans sheet 5.
Work No.13 –
(a)Temporary environmental management and mitigation area shown cross-hatched grey on works plans sheet 5 to be managed during the construction of the authorised project for alternative roosting or foraging for birds associated with the Humber Estuary Special Protection Area and Ramsar site; and
(b)the installation of a temporary vehicular gate on private land off East Marsh Road to be maintained during the construction of the authorised development.
2. Such associated development and ancillary works within the Order limits as may be necessary or expedient for the purposes of or in connection with the construction of the Works in Part 1of this Schedule or any of them (which fall within the scope of the works assessed by the environmental statement) consisting of—
(a)site preparation works, site clearance (including fencing and vegetation removal), earthworks (including soil stripping and storage) and site levelling, pre-construction drainage;
(b)in relation to Work Nos. 1, 2, 3, 4, 5 and 10 pipeline construction works including:
(i)surveying and setting-out;
(ii)tunnel boring, drive and reception pits, hydraulic rams, rollers and brackets, pipe thrusters and winch;
(iii)topsoil and subsoil stripping and storage;
(iv)archaeological surveys/investigations and watching brief;
(v)pipeline installation including pipe stringing, pipe bending, end preparation, front end welding, back end welding, fabrication welding, pipeline coating, pipeline trench excavation, trenchless crossings, lower and lay, sand padding, backfilling, pipeline tie-ins, re-grading of soil, post construction drainage, cross-ripping and reinstatement of top-soil, internally swab and gauge pipeline test sections;
(vi)filling, testing and dewatering test sections;
(vii)aerial markers, cathodic protection test posts and field boundary markers;
(viii)reinstating test locations;
(ix)removing demarcation fencing;
(x)reinstating boundary walls, hedges, and fencing;
(xi)final gauge plate and calliper surveys;
(xii)drying and commissioning pipelines;
(xiii)isolating the existing gas pipeline;
(xiv)demobilisation from site; and
(xv)works to enable power supplies;
(xvi)de-watering systems and water management areas;
(xvii)power supplies and temporary lighting; and
(xviii)installation of wires, cables, conductors, pipes and ducts.
(c)works to remove or alter the position of apparatus including mains, sewers, drains and cables;
(d)landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised project;
(e)works for the benefit or protection of land affected by the authorised project;
(f)temporary access tracks;
(g)works required for the strengthening, improvement, maintenance or reconstruction of any streets;
(h)the carrying out of street works pursuant to article 11 (street works), works to alter the layout of streets pursuant to article 12 (power to alter layout, etc., of streets) and the alteration or removal of road furniture;
(i)ramps, means of access;
(j)installation of drainage, drainage attenuation and land drainage including outfalls; and
(k)such other works as may be necessary for the purposes of or in connection with the construction, operation or maintenance of the authorised project and which do not give rise to any materially different effects from those assessed in the environmental statement.
Article 4
| Drawing Title | Sheet Number | Drawing Number |
|---|---|---|
| Works plans – Key plan | Key Plan | W001 |
| Works plan | Sheet 1 of 8 | W002 |
| Sheet 2 of 8 | W003 | |
| Sheet 3 of 8 | W004 | |
| Sheet 4 of 8 | W005 | |
| Sheet 5 of 8 | W006 | |
| Sheet 6 of 8 | W007 | |
| Sheet 7 of 8 | W008 | |
| Sheet 8 of 8 | W009 |
| Drawing title | Sheet number | Drawing number |
|---|---|---|
| Land Plans – Key plan | Key Plan | L001 |
| Land plan | Sheet 1 of 17 | L002 |
| Sheet 2 of 17 | L003 | |
| Sheet 3 of 17 | L004 | |
| Sheet 4 of 17 | L005 | |
| Sheet 5 of 17 | L006 | |
| Sheet 6 of 17 | L007 | |
| Sheet 7 of 17 | L008 | |
| Sheet 8 of 17 | L009 | |
| Sheet 9 of 17 | L0010 | |
| Sheet 10 of 17 | L0011 | |
| Sheet 11 of 17 | L0012 | |
| Sheet 12 of 17 | L0013 | |
| Sheet 13 of 17 | L0014 | |
| Sheet 14 of 17 | L0015 | |
| Sheet 15 of 17 | L0016 | |
| Sheet 16 of 17 | L0017 | |
| Sheet 17 of 17 | L0018 |
| Drawing Title | Sheet Number | Drawing Number |
|---|---|---|
| Access and rights of way plans – Key plan | Key Plan | A001 |
| Access and rights of way plan | Sheet 1 of 8 | A002 |
| Sheet 2 of 8 | A003 | |
| Sheet 3 of 8 | A004 | |
| Sheet 4 of 8 | A005 | |
| Sheet 5 of 8 | A006 | |
| Sheet 6 of 8 | A007 | |
| Sheet 7 of 8 | A008 | |
| Sheet 8 of 8 | A009 |
| Document | Date | Document Title |
|---|---|---|
| 6.1 | 15 April 2015 | Introduction |
| 6.2 | 15 April 2015 | Scheme Description |
| 6.3 | 15 April 2015 | Design Iterations and Alternatives Considered |
| 6.3.1 | 15 April 2015 | Appendix 3.1 Strategic Options Report |
| 6.3.2 | 15 April 2015 | Appendix 3.2 Alternatives - Route Corridor Investigation Study |
| 6.4 | 15 April 2015 | Appendix 3.3 Alternatives - Crossing Options Report A |
| 6.4.1 | 15 April 2015 | EIA Methodology and Construction Environmental Management |
| 6.4.2 | 15 April 2015 | Appendix 4.1 PINS Scoping Opinion Comments |
| 6.5 | 15 April 2015 | Air Quality |
| 6.5.1 | 15 April 2015 | Appendix 5.1 Dust risk Assessment |
| 6.6 | 15 April 2015 | Cultural Heritage |
| 6.6.1 | 15 April 2015 | Appendix 6.1 Desk-Based Assessment |
| 6.6.2 | 15 April 2015 | Appendix 6.2 Aerial Photograph Analysis at Paull |
| 6.6.3 | 15 April 2015 | Appendix 6.3 Geophysical Surveys Undertaken at Paull |
| 6.6.4 | 15 April 2015 | Appendix 6.4 Geophysical surveys Undertaken at Goxhill |
| 6.6.5 | 15 April 2015 | Appendix 6.5 Southend Bypass Geophysical Survey |
| 6.7 | 15 April 2015 | Ecology and Nature Conservation |
| 6.7.1 | 15 April 2015 | Appendix 7.1 Technical Appendix |
| 6.7.2 | 15 April 2015 | Appendix 7.2 Potentially Excepted Information |
| 6.8 | 15 April 2015 | Update Deadline 8? |
| 6.8.1 | 15 April 2015 | Geology and Soils |
| 6.8.2 | 15 April 2015 | Appendix 8.1 Environmental Agency and Local Authority Responses |
| 6.8.2 | 15 April 2015 | Appendix 8.2 Desk Study Report Plan 1 |
| 6.8.2 | 15 April 2015 | Appendix 8.2 Desk Study Report Plan 2 |
| 6.8.3.2 | 15 April 2015 | Appendix 8.2 Desk Study Report Plan 3 |
| 6.8.3 | 15 April 2015 | Appendix 8.3 Ground Investigation Report |
| 6.8.3.1 | 12 October 2015 | Appendix 8.3 Addendum - Phase I Test Results and Factual Report Volume 1 |
| 6.8.3.2 | 12 October 2015 | Appendix 8.3 Addendum - Phase I Test Results and Factual Report Volume 2 |
| 6.8.3.3 | 12 October 2015 | Appendix 8.3 Addendum - Phase I Test Results and Factual Report Volume 3 |
| 6.8.3.4 | 12 October 2015 | Appendix 8.3 Addendum - Phase I Test Results and Factual Report Volume 4 |
| 6.8.3.5 | 12 October 2015 | Appendix 8.3 Addendum - Phase I Test Results and Factual Report Volume 5 |
| 6.8.3.6 | 12 October 2015 | Appendix 8.3 Addendum - Phase I Test Results and Factual Report Volume 6 |
| 6.8.3.7 | 12 October 2015 | Appendix 8.3 Addendum - Phase I Test Results and Factual Report Volume 7 |
| 6.8.3.8 | 12 October 2015 | Appendix 8.3 Addendum - Phase I Test Results and Factual Report Volume 8 |
| 6.8.3.9 | 12 October 2015 | Appendix 8.3 Addendum - Phase I Test Results and Factual Report Volume 9 |
| 6.8.3.10 | 12 October 2015 | Appendix 8.3 Addendum - Phase I Test Results and Factual Report Volume 10 |
| 6.8.3.11 | 02 November 2015 | Appendix 8.3 Addendum - Phase II Test Results and Factual Report |
| 6.8.4 | 15 April 2015 | Appendix 8.4 Paull Holme Strays Investigation Report |
| 6.8.5 | 15 April 2015 | Appendix 8.5 Chalk Report |
| 6.8.6 | 15 April 2015 | Appendix 8.6 Geophysical Survey Report 1 |
| 6.8.6 | 15 April 2015 | Appendix 8.6 Geophysical Survey Report 2 |
| 6.8.6 | 15 April 2015 | Appendix 8.6 Geophysical Survey Report 3 |
| 6.8.7 | 15 April 2015 | Appendix 8.7 Information Relating to Stoneledge Field Investigation |
| 6.8.8 | 15 April 2015 | Appendix 8.8 Responses from Lincolnshire Environmental Records Centre East Yorkshire RIGS Group |
| 6.8.9 | 15 April 2015 | Appendix 8.9 Unexploded Ordnance Report |
| 6.9 | 15 April 2015 | Landscape and Visual Amenity |
| 6.10 | 15 April 2015 | Noise and Vibration |
| 6.10.1 | 15 April 2015 | Appendix 10.1 Noise Monitoring Installation Sheets and Time History |
| 6.10.2 | 15 April 2015 | Appendix 10.2 Noise Model Inputs |
| 6.10.3 | 15 April 2015 | Appendix 10.3 Noise Model Outputs |
| 6.11 | 15 April 2015 | Socio-Economics and Land Use |
| 6.11.1 | 15 April 2015 | Appendix 11.1 Agricultural Land Survey |
| 6.12 | 15 April 2015 | Traffic and Transport |
| 6.13 | 15 April 2015 | Water Resources |
| 6.13.1 | 15 April 2015 | Appendix 13.1 Water Framework Directive Assessment |
| 6.13.2A | 13 January 2016 | Appendix 13.2 Initial Site Water Management Plan |
| 6.13.2.1 | 13 January 2016 | Comparison between Initial Site Water Management Plan versions 6.13.2 and 6.13.2A |
| 16.13.3 | 15 April 2015 | Appendix 13.3 Hydrogeological Impact Assessment |
| 6.13.3.1 | 12 October 2015 | Appendix 13.3 Addendum - Mini-Pumping Test Results and Factual Report |
| 6.13.3.2 | 12 October 2015 | Appendix 13.3 Addendum Report to Hydrogeological Impact Assessment |
| 6.14 | 15 April 2015 | Cumulative Effects |
| 6.15 | 15 April 2015 | Cumulative Effects |
| 6.16 | 15 April 2015 | Screening Opinions |
| 6.17 | 15 April 2015 | Scoping Opinion |
| 6.18 | 15 April 2015 | EIA Regulations Publicity Requirements |
| 6.19 | 15 April 2015 | Non-Technical Summary |
Article 4
1. In this Schedule—
“construction work” means works to construct the authorised project, or relevant part of it, excluding mobilisation of plant and equipment into, out of or within the Order limits;
“flood defence area” means the embankment bunds at Paull Holme Strays and Goxhill;
“initial site water management plan” means the site water management plan contained in the environmental statement;
“reinstatement” means the restoration of land within the Order limits for future use after construction of the authorised project;
“stage” means a part of the authorised project as set out in the written scheme approved under Requirement 3.
2. The authorised project must be commenced within five years from the date of this Order.
3. The authorised project may not commence until a written scheme setting out all stages of the authorised project has been submitted to and approved in writing by the relevant planning authority.
4.—(1) No stage of the authorised project may commence until details of the layout, scale and external appearance of the following works within that stage (including any consultation responses from the Environment Agency for those parts of the authorised project within the flood defence area) have been submitted to and approved, in writing, by the relevant planning authority—
(a)Works No. 1, 2 and 3 (the pipeline and associated permanent infrastructure);
(b)Works No. 4, 5, 7, 8, 10 and 12 (temporary construction and work areas);
(c)the detailed pipeline route alignment; and
(d)additional lay down, storage and working areas.
(2) The works described in sub-paragraph (1)(a) to (d) must be carried out in accordance with the approved details or any subsequent revisions that have been submitted to and approved, in writing, by the relevant planning authority.
5.—(1) No stage of the authorised project may commence until, for that stage, a site water management plan substantially in accordance with the initial site water management plan has been submitted to and approved by the relevant planning authority, in consultation with the Environment Agency.
(2) The site water management plan must include the following—
(a)an updated hydrogeological impact assessment of the detailed design approved under Requirement 4;
(b)details of further pump tests to confirm ground conditions (including anisotropy) at the drive pit (as indicated on works plan sheet 5);
(c)details of the recharge/reinjection measures to ensure that net abstraction is minimised and groundwater is discharged to a location agreed with the Environment Agency;
(d)details of any discharge to the Humber Estuary to a location agreed with the Environment Agency;
(e)details of the groundwater implications of decommissioning the drive and reception pits and proposals for any necessary ongoing groundwater management;
(f)a pre-, during and post-construction groundwater monitoring strategy to include the following—
(i)details of monitoring of groundwater levels adjacent to the proposed at the drive pit (as indicated on works plan sheet 5) and reception shaft (as indicated on works plan sheet 7);
(ii)net groundwater abstraction rates;
(iii)flow gauging in relevant surface water features;
(iv)baseline water chemical analysis; and
(v)a monthly review of monitoring data for the first six months post-construction followed by quarterly reviews until the Environment Agency has confirmed that it is satisfied that no further groundwater impacts will be identified (such confirmation not to be unreasonably withheld).
(g)details of measures to ensure discharge from dewatering is non-polluting and will not exacerbate flood risk;
(h)details of areas at risk of water pollution from surface water run-off, and any special control measures required in those areas;
(i)details of measures to minimise suspension of and pollution due to sediment;
(j)where it is considered necessary to store material in the flood plain, the requirements for mitigation will be agreed with the Environment Agency before construction commences;
(k)details of hydrostatic testing requirements, including water sources and discharge points, and water quality monitoring of test water discharged; and
(l)all necessary licences and consents will be obtained.
(3) The construction works for each stage of the authorised project must be carried out in accordance with the approved site water management plan.
(4) The method of crossing main rivers and ordinary watercourses (including land drains) shall be undertaken in a manner which will not cause an increase in flood risk to any area upstream, downstream or surrounding the crossing.
6.—(1) No stage of the authorised project may commence until a written site waste management plan has been submitted to and approved in writing, by the relevant planning authority in consultation with the Environment Agency and each stage of the authorised project must be carried out in accordance with the site waste management plan.
(2) The site waste management plan must include the following—
(a)details of resource efficiency methods to be adopted;
(b)register of resource efficiencies secured;
(c)responsibilities for management of waste;
(d)details of audits of the site waste management plan;
(e)details of all waste to be generated on-site including quantities, European Waste Catalogue (“EWC”) code, waste type and disposal route; and
(f)details of all waste facilities to be used including the site name, address and site code.
7.—(1) No stage of the authorised project involving the felling or lopping of trees or hedgerows under article 41 (felling or lopping of trees or shrubs) as shown on works plans sheets 5 and 7 may commence until, for that stage, details (if any) identifying the trees, groups of trees and hedgerows to be removed and, where appropriate, reinstated during that stage have been submitted to and approved by the relevant planning authority.
(2) Each stage of the authorised project must be carried out in accordance with the approved details (if any) for that stage.
(3) Any hedge or tree planting which is part of the approved details that, within 2 years after planting, is removed, dies or (in the opinion of the relevant planning authority) becomes seriously damaged or diseased, must be replaced in the first available planting season with planting material of the same specification as that originally planted.
8.—(1) No stage of the authorised project may commence until, for that stage, details of drainage methods for both temporary and permanent works have after consultation with the drainage authority and the Environment Agency been submitted to and approved by the relevant planning authority.
(2) The authorised project must be carried out in accordance with the approved details.
9.—(1) No stage of the authorised project may commence until a written scheme, applicable to that stage, to deal with agricultural land drainage within the Order limits has been submitted to and approved, in writing, by the relevant planning authority.
(2) The purpose of the scheme is to ensure that, during and following construction, the efficiency of drainage is maintained within and outside the works limits.
(3) The scheme must include an investigation and assessment report giving details of existing drainage arrangements and requirements for pre-construction works and post-construction reinstatement to be agreed with the relevant planning authority.
(4) The authorised project must be carried out in accordance with the approved scheme.
10.—(1) No stage of the authorised project may commence until a written scheme of archaeological investigation for that stage has been submitted to and approved by the relevant planning authority.
(2) The written scheme must identify areas where a programme of archaeological investigation is required and the measures to be taken to protect, record or preserve any significant archaeological remains that may be found; the written scheme must accord with the document River Humber Gas Pipeline Replacement Project Archaeological Mitigation Strategy and Written Scheme of Investigation, Arcadis, February 2016, and any subsequent updates, to be agreed by the relevant planning authority.
(3) Any archaeological works or watching brief for a stage of the authorised project must be carried out in accordance with the approved written scheme for that stage.
(4) Any archaeological works carried out under the approved written scheme must be by a suitably qualified person or body approved by the relevant planning authority.
(5) A copy of any analysis, reporting, publication or archiving required as part of the written scheme must be deposited with the Historic Environment Record of the relevant planning authority within one year of the date of completion of the authorised project or such other period as may be agreed in writing by the relevant planning authority.
11.—(1) Subject to Requirements 11(3) and 11(4), construction work must not take place outside the following hours—
(a)07:00 and 19:00 from Monday to Friday; and
(b)08:00 and 16:00 on Saturdays,
except in the event of an emergency.
(2) In the event of an emergency, notification of that emergency must be given to the relevant planning authority as soon as practicable.
(3) The following operations may take place outside the working hours referred to in Requirement 11(1)—
(a)tunnel boring (including associated spoil movement within the Order limits, segment installation and slurry batching);
(b)filling, testing, dewatering and drying;
(c)dewatering activities; and
(d)commissioning of Work No 1 and isolation of the existing gas pipeline.
(4) Nothing in Requirement 11(1) above precludes—
(a)start-up and shut-down activities up to an hour either side of core working hours; and
(b)maintenance at any time of plant and machinery engaged in the construction of the authorised project.
(5) In this Requirement “emergency” means a situation where, if the relevant action is not taken, there will be adverse health, safety, security or environmental consequences that in the reasonable opinion of the undertaker would outweigh the adverse effects to the public (whether individuals, classes or generally as the case may be) of taking that action.
12.—(1) No stage of the authorised project may commence until a construction environmental management plan relating to that stage has been submitted to and approved by the relevant planning authority.
(2) The construction environmental management plan must be substantially in accordance with, and include the following plans and strategies, from the initial CEMP—
(a)details of fencing and enclosures;
(b)a pollution prevention and control plan;
(c)a sustainable procurement plan;
(d)a materials management plan;
(e)a reinstatement plan, including soil handling and restoration measures;
(f)an energy reduction plan;
(g)an emergency response/ spill response plan;
(h)a refuelling procedure;
(i)a flood risk management plan;
(j)flood incident response plan; and
(k)marsh harrier monitoring and mitigation strategy.
(3) The authorised project must be undertaken in accordance with the approved construction environmental management plan.
(4) Any works subject to the plans, scheme and strategy referred to in sub-paragraph (2) must be carried out in accordance with the approved plan, scheme or strategy.
13.—(1) No stage of the authorised project may commence until a written scheme for noise management during construction and maintenance of that stage has been submitted to and approved, in writing, by the relevant planning authority.
(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)monitoring to be undertaken at identified sensitive receptors pre- and during construction.
(3) The approved noise management scheme must be implemented before and maintained during construction and maintenance of the relevant stage of the authorised project.
(4) The authorised project must be undertaken in accordance with the approved noise management scheme.
14.—(1) In the event that contamination is found at any time when carrying out the authorised project that has not been previously identified it must be reported in writing immediately to the relevant planning authority.
(2) An investigation and risk assessment must be completed in accordance with a scheme to assess the nature and extent of any contamination on the part of the Order limits within which works are being carried out, whether or not that contamination originates on that part of the Order limits; and—
(a)the contents of that scheme are subject to the approval in writing of the relevant planning authority; and
(b)that investigation and risk assessment must be undertaken in accordance with the approved scheme and a written report of the findings must be submitted to the relevant planning authority.
(3) Where remediation is required, a detailed remediation scheme to bring a part of the Order land within which works are being carried out to a condition suitable for the intended use must be prepared and submitted for the written approval of the relevant planning authority; and—
(a)the approved remediation scheme must be carried out in accordance with its terms; and
(b)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.
15.—(1) No stage of the authorised project may commence until a traffic management plan, substantially in accordance with the initial TMP, has been submitted to and, following consultation with the highway authority and Highways England, been approved by the relevant planning authority.
(2) The plan must include details of—
(a)siting, design and layout of works to the public highway for the purposes of construction traffic and access;
(b)construction vehicle routeing;
(c)the scheduling and timing of movements and details of abnormal load movements;
(d)pre and post condition surveys of the construction traffic routes, the methodology used for assessing the need for improvements and the funding provision of required highway works;
(e)management of junctions and crossings of public rights of way;
(f)marking and identification of construction vehicles;
(g)driver information packs;
(h)planned monthly inspections of the access roads and associated verges to establish temporary works/repairs and the funding provision; and
(i)temporary vehicle parking, loading, off-loading and manoeuvring facilities for contractors which will be in operation during the lifespan of the construction works.
(3) Each stage of the authorised project must be carried out in accordance with the traffic management plan for that stage.
(4) Unless otherwise approved by the relevant planning authority in the traffic management plan, or in case of emergency, the following restrictions on the movement of vehicles will apply—
(a)construction vehicles must not enter the site except between the hours of 09:00 and 15:15 during term time of North Lincolnshire Council district school(s);
(b)construction vehicles must leave the site using the outbound construction route identified in the initial TMP;
(c)construction vehicles must not leave the site between 19:00 hours and 07:00 hours the following day; and
(d)all site-related traffic must follow the designated route identified within the Drivers Information Pack in the initial TMP.
16. Subject to article 27 (temporary use of land for carrying out the authorised project), any land within the Order limits which is used temporarily for or in connection with construction must be reinstated to a condition fit for its former use, or such other condition as the relevant planning authority may approve, within 12 months of completion of the authorised project.
17.—(1) No stage of the authorised project may commence until details of any temporary external lighting to be installed at that stage, including measures to prevent light spillage, have been submitted to and approved, in writing, by the relevant planning authority.
(2) The details must include and take account of any consultation responses from the highway authority.
(3) Any temporary external lighting must be installed in accordance with the approved details.
(4) Any submission to vary the approved details must include copies of and take account of any consultation responses from the highway authority.
18.—(1) During the construction of the authorised project—
(a)no storage, use of plant, construction work or other activity authorised by this Order may take place above ground within Work No. 11 or Work No. 13;
(b)Work No.11 must be maintained as short sward pasture suitable for foraging by golden plover, lapwing and curlew;
(c)no gas guns for the scaring of birds may be used within Work No. 13;
(d)prior to the cultivation of land within Work No.13 each year, 20 tonnes of organic matter per hectare must be applied to the soil, or such other amount and/or frequency as may be agreed in writing by Natural England in consultation with the Royal Society for the Protection of Birds; and
(e)during winter, the height of vegetation on land within Work No.11 and Work No.13 must not exceed a height of 15cm.
19.—(1) No stage of the authorised project may commence until it has been established by survey work whether any water voles or badgers are present within the Order limits or may be affected by that stage of the authorised project.
(2) Where water voles or badgers are shown to be present or may be affected by a stage of the authorised project, that stage must only be commenced following appropriate consultation with Natural England and after any necessary licence has been obtained from Natural England pursuant to regulation 53 (licences for certain activities relating to animals or plants) of the Conservation of Habitats and Species Regulations 2010(1).
20. Where under any of the Requirements the approval or agreement of the relevant planning authority or another person is required, that approval or agreement must be given in writing.
21.—(1) With respect to any Requirement which requires the authorised project to be carried out in accordance with details approved by the relevant planning authority, the approved details include any amendments that may subsequently be approved in writing by the relevant planning authority to the extent that the authority may lawfully do so.
(2) Any approved details in any Requirement, including amendment or variation from the approved details under paragraph (1), may not be authorised by the relevant planning authority except where it has been demonstrated to the satisfaction of that relevant planning authority that the subject-matter of the approval sought is unlikely to give rise to any materially new or materially different environmental effects in comparison with the authorised project as identified and assessed in the environmental statement.
Article 11
| (1) Area | (2) Street subject to Street Works |
|---|---|
| East Riding of Yorkshire | Thorngumbald Road – Work No. 3E on sheet 7 of the works plans |
Article 12
(1) Area | (2) Street subject to Alteration of Layout | (3) Description of Alteration |
|---|---|---|
| North Lincolnshire | Thornton Road and College Road | Temporary construction access. Temporary widening of the junction of the roads at the location shown as Work No. 6A on sheet 1 of the access and rights of way plans. |
| North Lincolnshire | Soff Lane | Temporary construction access. Temporary widening of the junction of Soff Lane and the existing private access at location 6B on sheet 1 of the access and rights of way plans. |
| North Lincolnshire | Chapel Field Road | Temporary construction access. Widening of the road at points shown as Work Nos. 6D, 6F and 6G and temporary widening of Work Nos. 6E and 6R on sheets 2 and 5 of the access and rights of way plans. |
| North Lincolnshire | Ferry Road | Temporary construction access. Widening of the road at points shown as Work Nos. 6H, 6I, 6J, 6K and 6L on sheets 3 and 4 of the access and rights of way plans. |
| North Lincolnshire | Ferry Road and East Marsh Road | Temporary construction access. Widening of the junction of the roads at the point shown as Work No. 6M on sheet 4 of the access and rights of way plans. |
| North Lincolnshire | East Marsh Road | Temporary construction access. Widening of the road and junction with the existing private track at Rose Hill Farm at the locations marked as Work Nos. 6N, 6O and 6P on sheets 4 and 5 of the access and rights of way plans. |
| North Lincolnshire | East Marsh Road and Chapel Field Road | Temporary construction access. Widening of the junction of the roads at the point marked as Work No. 6Q on sheet 5 of the access and rights of way plans. |
| East Riding of Yorkshire | Thorngumbald Road | Temporary construction access. Temporary widening of the road at the location marked as Work No. 9A on sheet 7 of the access and rights of way plans. |
| East Riding of Yorkshire | Farbridge Lane and the Junction with Paull Road | Temporary construction access. Temporary widening at the location marked as Work No. 9C on sheet 8 of the access and rights of way plans. |
Article 14
(1) Area | (2) Street/Footpath subject to Temporary Stopping Up | (3) Extent of Temporary Stopping Up |
|---|---|---|
| East Riding of Yorkshire | Footpath 1 | Between points A and B as shown on the access and rights of way plans. |
| East Riding of Yorkshire | Footpath 6 | Between points C and D as shown on the access and rights of way plans. |
Article 15
(1) Area | (2) Access Details |
|---|---|
| North Lincolnshire | Temporary construction access to the east of Brantwood at the location shown as Work No 6C on sheet 1 of the access and rights of way plans. |
| North Lincolnshire | Improvement of existing private access off Soff Lane to provide temporary construction access at Work No. 6B on sheet 1 of the access and rights of way plans. |
| East Riding of Yorkshire | Improvement works to the private track at Rose Hill Farm at the location shown as Work No. 9B on sheets 7 and 8 of the access and rights of way plans. |
Article 27
(1) Area | (2) Plot number of land shown on land plans | (3) Purpose for which temporary possession may be taken | (4) Relevant part of the authorised development |
|---|---|---|---|
| North Lincolnshire; East Riding of Yorkshire | 31, 32, 33, 35.1, 35.2, 39.2, 42, 44, 50, 51, 52, 53, 54.1, 54.2, 55, 56, 57, 58, 59, 60, 72, 74, 78, 79, 86 | Construction and carrying out of the authorised project and purposes ancillary hereto. | Work No. 1A Work No. 1B Work No. 1C |
| North Lincolnshire | 74, 75, 77, 78, 80, 82, 84, 85, 86 | Construction and carrying out of the authorised project and purposes ancillary hereto. | Work No. 2A Work No. 2B Work No. 2C |
| East Riding of Yorkshire | 9, 12, 13, 14, 15, 17, 18, 35.1, 35.2, 44 | Construction and carrying out of the authorised project and purposes ancillary hereto. | Work No. 3C Work No. 3E |
| North Lincolnshire | 60, 61, 62, 64, 65, 66, 67, 68, 69, 70, 73, 74, 76, 77, 78, 79, 80, 81, 82, 83, 84, 88, 89, 91, 100, 101, 102, 105, 106 | Temporary construction, laydown and work areas for the construction and carrying out of the authorised project and purposes ancillary or incidental thereto. | Work No. 4A Work No. 4B Work No. 4C Work No. 4D |
| East Riding of Yorkshire | 19, 20.1, 20.2,, 21, 22, 23, 24, 25, 27.1, 27.2, 28, 31, 32, 33, 34, 38, 39.2, 42, 43 | Temporary construction, laydown and work areas for the construction and carrying out of the authorised project and purposes ancillary or incidental thereto. | Work No. 3E Work No. 5A Work No. 5B |
| East Riding of Yorkshire | 46 | Construction access for the construction and varying out of the authorised project and purposes ancillary and incidental hereto. | Work No. 1C Work No. 5A |
| North Lincolnshire | 91, 92, 93, 94, 107, 108, 109, 110, 111, 112, 115, 116.1, 116.2, 117, 119, 121, 122, 123, 124, 125, 126, 127, 129, 130, 131 | Construction access works for the construction and carrying out of the authorised project and purposes ancillary or incidental thereto. | Work No. 6 |
| East Riding of Yorkshire | 47, 48, 49, 50, 51, 52, 53, 54.1 | Settlement monitoring in relation to Work No. 1 and purposes ancillary or incidental thereto. | Work No. 7 |
| North Lincolnshire | 60, 69 | Settlement monitoring in relation to Work No. 1 and purposes ancillary or incidental thereto. | Work No. 8 |
| East Riding of Yorkshire | 1, 2, 3, 6, 7, 8, 9, 10, 16 | Construction access works for the construction and carrying out of the authorised project and purposes ancillary or incidental thereto. | Work No. 9 |
| North Lincolnshire | 102, 103, 104 | The storage of spoil in relation to the construction and carrying out of the authorised project and purposes ancillary or incidental thereto. | Work No. 10 |
| 67, 71, 72, 132, 133 | Environmental management and mitigation for alternative roosting or foraging for birds during the construction of the authorised project and purposes ancillary or incidental thereto. | Work No. 11 and Work No.13 | |
| 62, 63, 64 | Construction and carrying out of the authorised project, temporary abstraction hoses, temporary caged high head pumps and purposes ancillary or incidental thereto. | Work No. 12 |
Article 39
1.—(1) In this licence—
“the 2008 Act” means the Planning Act 2008(2);
“the 2009 Act” means the Marine and Coastal Access Act 2009(3);
“ancillary works” means the ancillary works described in Part 2 of Schedule 1 (authorised project) and any other works authorised by the Order that are not development within the meaning of section 32 of the 2008 Act;
“authorised development” means the development described in Part 1 of Schedule 1 and any other development authorised by the Order that is development within the meaning of section 32 of the 2008 Act;
“authorised project” means the authorised development and the ancillary works;
“licence holder” means the undertaker and any agent, contractor or sub-contractor acting on its behalf;
“licensable activity” means an activity licensable under section 66 of the 2009 Act;
“licensed activity” means any activity described in Part 2 of this licence;
“MMO” means the Marine Management Organisation;
“Order” means The River Humber Gas Pipeline Replacement Order 2016;
“undertaker” means National Grid Gas plc (registered company number 2006000); and
“Work No. 12” means temporary abstraction hoses connected to temporary caged high head pumps shown hatched green on works plans sheet 5 listed in Schedule 2 to the Order.
(2) Unless otherwise specified, all geographical co-ordinates given in this licence are in latitude and longitude degrees and minutes to two decimal places.
2.—(1) Unless otherwise advised in writing by the MMO, the address for postal correspondence with the MMO for the purposes of this Schedule is the Marine Management Organisation, Marine Licensing Team, Lancaster House, Newcastle Business Park, Newcastle upon Tyne, NE4 7YH, telephone 0300 123 1032, and where contact to the local MMO office is required, the following contact details should be used: Eastern Marine Area, Marine Management Organisation, Estuary House, Wharncliffe Road, Grimsby, Lincolnshire DN31 3QL, telephone 01472 355 112, email Grimsby@marinemanagement.org.uk.
(2) Unless otherwise advised in writing by the MMO, the address for electronic communication with the MMO for the purposes of this licence is marine.consents@marinemanagement.org.uk.
3.—(1) Subject to the licence conditions in Part 4 of this licence, this licence authorises the licence holder to carry out any licensable marine activities under section 66(1) of the 2009 Act which—
(a)form part of, or are related to, the authorised project; and
(b)are not exempt from requiring a marine licence by virtue of any provision made under section 74 of the 2009 Act.
(2) Such activities are authorised in relation to the construction maintenance and operation of—
Work No. 12 – the construction of works in or over the sea and/or on or under the sea bed by the temporary placing of caged high head pumps and suction hoses in the River Humber at Goxhill, North Lincolnshire;
(3) The grid coordinates for the offshore limits of Work No. 12 are specified below and more particularly shown on sheet 5 of the works plans listed in Schedule 2 to the Order—
| Point | Degrees | Minutes | Seconds |
|---|---|---|---|
| A | N53 | 41 | 44 |
| W-0 | 15 | 51 | |
| B | N53 | 41 | 42 |
| W-0 | 15 | 51 | |
| C | N53 | 41 | 41 |
| W-0 | 15 | 57 | |
| D | N53 | 41 | 40 |
| W-0 | 15 | 56 |
4. The licence holder must inform the MMO in writing of the intended start date and the likely duration of licensed activities on a site at least 10 working days prior to the commencement of the first licensed activity on that site.
5. Should the licence holder become aware that any of the information on which the granting of this deemed marine licence was based has changed or is likely to change, the licence holder must notify the MMO at the earliest opportunity.
6. The licence holder must ensure that any coatings and treatments used are approved by the Health and Safety Executive as suitable for use in the marine environment and are used in accordance with Environment Agency Pollution Prevention Control Guidelines.
7. The licence holder must ensure that any equipment, temporary structures, waste and debris associated with the works are removed within 6 weeks of completion of the licensed activity.
8. The licence holder must ensure that the MMO local Marine Office is notified of the completion of works and operations at least 10 days following the completion of the works.
9. The licence holder must notify the MMO in writing of any agents, contractors or sub-contractors that will carry on any licensed activity listed in this licence on behalf of the licence holder. Such notification must be received by the MMO no less than 24 hours before the commencement of the licensed activity. The licence holder must ensure that a copy of this licence and any subsequent revisions or amendments has been provided to, read and understood by any agents, contractors or sub-contractors that will carry on the licensed activity on behalf of the licence holder.
Article 42
1. For the protection of the statutory undertakers referred to in this Part of this Schedule (save for Anglian Water and Centrica which are protected by Parts 4 and 5 of this Schedule) the following provisions, unless otherwise agreed in writing at any time between the undertaker and the statutory 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—
in the case of an electricity statutory undertaker, electric lines or electrical plant (as defined in the 1989 Act, belonging to or maintained by that electricity statutory undertaker for the purposes of electricity supply;
in the case of a gas statutory undertaker, any mains, pipes or other apparatus belonging to or maintained by that gas transporter for the purposes of gas supply;
in the case of a water statutory undertaker, mains, pipes or other apparatus belonging to or maintained by that water statutory undertaker for the purposes of water supply; and
in the case of a sewerage statutory undertaker—
any drain or works vested in the statutory undertaker under the Water Industry Act 1991 and Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011(4); and
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 in each case 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 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;
“pipeline” means the whole or any part of a pipeline belonging to or maintained by an statutory undertaker and includes any ancillary works and apparatus;
“plan” includes a section and description of the works to be executed;
“statutory undertaker” means—
any licence holder within the meaning of Part 1 of the 1989 Act;
a gas transporter within the meaning of Part 1 of the Gas Act 1986(5);
a water statutory undertaker within the meaning of the Water Industry Act 1991; and
a sewerage statutory undertaker within the meaning of Part 1 of the Water Industry Act 1991,
for the area of the authorised project, and in relation to any apparatus, means the statutory undertaker to whom it belongs or by whom it is maintained.
3. This Part of this Schedule does not apply to apparatus in respect of which the relations between the undertaker and the statutory undertaker are regulated by the provisions of Part 3 of the 1991 Act.
4. Regardless of any provision in this Order or anything shown on the land plans, the undertaker must not acquire any apparatus otherwise than by agreement.
5.—(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 must not be removed under this Part of this Schedule and any right of a statutory undertaker to maintain that apparatus in that land must not 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 the statutory undertaker in question written notice of that requirement, together with a plan 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 46 (arbitration), 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.—(1) Not less than 28 days before starting the execution of any works of the type referred to in sub-paragraph 5(2) that are near to, or will or may affect, any apparatus the removal of which has not been required by the undertaker under sub-paragraph 5(2), the statutory undertaker must submit to the undertaker in question a plan of the works to be executed.
(2) Those works are to be executed only in accordance with the plan 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 is entitled to watch and inspect the execution of those works.
(3) Any requirements made by an statutory undertaker under sub-paragraph (2) must be made within a period of 21 days beginning with the date on which a plan under sub-paragraph (1) is 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, paragraph 5 applies as if the removal of the apparatus had been required by the undertaker under sub-paragraph 5(2).
(5) Nothing in this paragraph precludes 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, instead of the plan previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan.
(6) The undertaker is not 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 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.
7. Where in the reasonable opinion of the statutory undertaker—
(a)the authorised project might interfere with the existing cathodic protection forming part of a pipeline; or
(b)a pipeline might interfere with the proposed or existing cathodic protection forming part of the authorised project,
the statutory undertaker to whom the pipeline belongs, or who maintains that pipeline, and the undertaker must co-operate in undertaking the tests which the statutory undertaker considers reasonably necessary for ascertaining the nature and extent of such interference and measures for providing or preserving cathodic protection.
8.—(1) Subject to the following provisions of this paragraph, the undertaker must repay to a statutory undertaker the reasonable expenses reasonably incurred by that statutory undertaker in, or in connection with—
(a)the inspection, removal, alteration or protection of any apparatus; or
(b)the construction of any new apparatus, which may be required in consequence of the execution of any such works as are required under this Part of this Schedule.
(2) The value of any apparatus removed under the provisions of this Part of this Schedule is to be deducted from any sum payable under sub-paragraph (1), 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 situated,
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 46 (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 must not 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 pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole must 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 an statutory undertaker in respect of works by virtue of sub-paragraph (1) must, 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.
9. Where in consequence of the proposed construction of any of the authorised project, the undertaker requires the removal of apparatus under sub-paragraph 5(2)) or a statutory undertaker makes requirements for the protection or alteration of apparatus under paragraph 6(2), the undertaker must use its reasonable endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised project; and each statutory undertaker must use its reasonable endeavours to co-operate with the undertaker for that purpose.
10. Any difference or dispute arising between the undertaker and a statutory undertaker under this Schedule is, unless otherwise agreed in writing between the undertaker and that statutory undertaker, to be determined by arbitration in accordance with article 46 (arbitration).
1. For the protection of any operator, the following provisions, unless otherwise agreed in writing between the undertaker and the operator, have effect.
2. In this Part of this Schedule—
“conduit system” has the same meaning as in the electronic communications code and references to providing a conduit system is 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(6);
“electronic communications code network” means—
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
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 the 2003 Act; and
“operator” means the operator of an electronic communications code network.
3. The exercise of the powers of article 33 (statutory undertakers) are subject to paragraph 23 of Schedule 2 to the Telecommunication Act 1984(7) as if the undertaker were a “relevant undertaker” for the purposes of that paragraph.
4. 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.
5. Any difference or dispute arising between the undertaker and an operator under this Part of this Schedule is, unless otherwise agreed in writing between the undertaker and that operator, to be referred to and settled by arbitration under article 46 (arbitration).
1.—(1) The following provisions apply for the protection of the Agency unless otherwise agreed in writing between the undertaker and the Agency.
(2) In this Part of this Schedule—
“the Agency” means the Environment Agency;
“construction” includes execution, placing, altering, replacing, relaying and removal and “construct” and “constructed” are construed accordingly;
“drainage work” for the purposes of this part means any watercourse and includes any land which provides or is expected to provide flood storage capacity for any watercourse and any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage, flood defence, sea defence or tidal monitoring and any ancillary works constructed as a consequence of works carried out for drainage purposes;
“a main river” and “ordinary watercourse” have the meanings given by respectively the Water Resources Act 1991 and the Land Drainage Act 1991;
“plans” includes sections, drawings, specifications and method statements;
“realignment scheme” means the future realignment of the flood defences at Goxhill by the Agency;
“specified work” means so much of any work or operation authorised by this Order as is in, on, under, over or within 16 metres of a drainage work or 8 metres of a main river, or is otherwise likely to:
affect any drainage work or the volumetric rate of flow of water in or flowing to or from any drainage work;
affect the flow, purity or quality of water in any watercourse or other surface waters or groundwater; or
affect the conservation, distribution or use of water resources
2.—(1) Before beginning to construct any specified work, the undertaker must submit to the Agency plans of the specified work and such further particulars available to it as the Agency may within 28 days of the submission of the plans reasonably require.
(2) Any such specified work must not be constructed except in accordance with such plans as may be approved in writing by the Agency, or determined under paragraph 25.
(3) Any approval of the Agency required under this paragraph—
(a)must not be unreasonably withheld or delayed;
(b)is deemed to have been given if it is neither given nor refused within 2 months of the submission of the plans for approval, or submission of further particulars if required by the Agency under sub-paragraph (1), and, in the case of a refusal, accompanied by a statement of the grounds of refusal; and
(c)may be given subject to such reasonable requirements as the Agency may make for the protection of any drainage work or water resources for the prevention of pollution or in the discharge of its environmental duties.
(4) The Agency must use its reasonable endeavours to respond to the submission of any plans before the expiration of the period mentioned in sub-paragraph (3)(b).
3. Without limiting the scope of paragraph 17, the requirements which the Agency may make under that paragraph include conditions requiring the undertaker at its own expense to construct such protective works, whether temporary or permanent, during the construction of the specified works (including the provision of flood banks, walls or embankments or other new works and the strengthening, repair or renewal of existing banks, walls or embankments) as are reasonably necessary—
(a)to safeguard any drainage work against damage; or
(b)to secure that its efficiency for flood defence purposes is not impaired and that the risk of flooding is not otherwise increased,
by reason of any specified work.
4.—(1) Subject to sub-paragraph (2), any specified work, and all protective works required by the Agency under paragraph 3, must be constructed—
(a)without unreasonable delay in accordance with the plans approved or deemed to have been approved or settled under this Part of this Schedule; and
(b)to the reasonable satisfaction of the Agency,
and an officer of the Agency is entitled to watch and inspect the construction of such works.
(2) The undertaker must give to the Agency not less than 14 days’ notice in writing of its intention to commence construction of any specified work and notice in writing of its completion not later than seven days after the date on which it is brought into use.
(3) If the Agency shall reasonably require, the undertaker shall construct all or part of the protective works so that they are in place prior to the construction of specific works.
(4) If any part of a specified work or any protective work required by the Agency is constructed otherwise than in accordance with the requirements of this Part of this Schedule, the Agency may by notice in writing require the undertaker at the undertaker’s own expense to comply with the requirements of this Part of this Schedule or (if the undertaker so elects and the Agency in writing consents, such consent not to be unreasonably withheld or delayed) to remove, alter or pull down the work and, where removal is required, to restore the site to its former condition to such extent and within such limits as the Agency reasonably requires.
(5) Subject to sub-paragraph (6), if within a reasonable period, except in emergency, being not less than 28 days from the date when a notice under sub-paragraph (4) is served upon the undertaker, it has failed to begin taking steps to comply with the requirements of the notice and subsequently to make reasonably expeditious progress towards their implementation, the Agency may execute the works specified in the notice and any expenditure incurred by it in so doing is recoverable from the undertaker.
(6) In the event of any dispute as to whether sub-paragraph (4) is properly applicable to any work in respect of which notice has been served under that sub-paragraph, or as to the reasonableness of any requirement of such a notice, the Agency must not except in emergency exercise the powers conferred by sub-paragraph (5) until the dispute has been finally determined.
5.—(1) Subject to sub-paragraph (5) the undertaker must from the commencement of the construction of the specified works maintain in good repair and condition and free from obstruction any drainage work which is situated within the limits of deviation on land held by the undertaker for the purposes of or in connection with the specified works, whether or not the drainage work is constructed under the powers conferred by this Order or is already in existence.
(2) If any such drainage work which the relevant undertaker is liable to maintain is not maintained to the reasonable satisfaction of the Agency, the Agency may by notice in writing require the undertaker to repair and restore the work, or any part of such work, or (if the undertaker so elects and the Agency in writing consents, such consent not to be unreasonably withheld or delayed), to remove the work and restore the site to its former condition, to such extent and within such limits as the Agency reasonably requires.
(3) If, within a reasonable period, except in emergency, being not less than 28 days beginning with the date on which a notice in respect of any drainage work is served under sub-paragraph (2) on the undertaker, the undertaker has failed to begin taking steps to comply with the reasonable requirements of the notice and has not subsequently made reasonably expeditious progress towards their implementation, the Agency may do what is necessary for such compliance and may recover any expenditure reasonably incurred by it in so doing from the undertaker.
(4) In the event of any dispute as to the reasonableness of any requirement of a notice served under sub-paragraph (2), the Agency must not except in a case of emergency exercise the powers conferred by sub-paragraph (3) until the dispute has been finally determined.
(5) This paragraph does not apply to drainage works which are vested in the Agency, or which the Agency or another person is liable to maintain and is not prescribed by the powers of the Order from doing so.
6. If by reason of the construction of any specified work or of the failure of any such work the efficiency of any drainage work for flood defence purposes is impaired, or that drainage work is otherwise damaged, such impairment or damage must be made good by the undertaker to the reasonable satisfaction of the Agency and if the undertaker fails to do so, the Agency may make good the impairment or damage and recover from the undertaker the expense reasonably incurred by it in doing so.
7.—(1) The undertaker must indemnify the Agency in respect of all costs, charges and expenses which the Agency may reasonably incur or have to pay or which it may sustain—
(a)in the examination or approval of plans under this Part of this Schedule;
(b)in the inspection of the construction of the specified works or any protective works required by the Agency under this Part of this Schedule; and
(c)the carrying out of any surveys or tests by the Agency which are reasonably required in connection with the construction of the specified works.
(2) Without prejudice to the other provisions of this Part, the undertaker must indemnify the Agency from all claims, proceedings, costs, damages, expenses or loss which may be made or taken against, recovered from, or incurred by, the Agency by reason of the construction of any of the specified works or any act or omission of the undertaker, its contractors, agents or employees whilst engaged upon the work.
(3) The undertaker shall not be liable under paragraph (2) to the limited extent that the liability is a result of negligence on the part of the Agency or its duly authorised representative, employee, contractor or agent.
(4) The Agency must give to the undertaker reasonable notice of any such claim or demand and no settlement or compromise may be made without the agreement of the undertaker which agreement must not be unreasonably withheld or delayed.
8. The fact that any work or thing has been executed or done by the undertaker in accordance with a plan approved or deemed to be approved by the Agency, or to its satisfaction, or in accordance with any directions or award of an arbitrator, does not relieve the undertaker from any liability under the provisions of this Part of this Schedule.
9.—(1) The undertaker will not in the exercise of any powers conferred by this Order interfere with the Agency’s access to or maintenance of any drainage work unless a suitable alternative access is provided prior to and for the duration of any such interference.
(2) The undertaker must not exercise the power conferred by articles 15 (access to works), 27 (temporary use of land for carrying out the authorised project) and 28 (temporary use of land for maintaining the authorised project) so as to interfere with any drainage work unless the exercise of such powers is with the consent of the Agency and in accordance with paragraphs 17 to 24 of this Part.
10. Any dispute arising between the undertaker and the Agency under this Part of this Schedule, is to be determined by arbitration under article 46 (arbitration).
11.—(1) Any specified work capable of interfering with or risking damage to any drainage work for flood defence must not commence until a scheme for monitoring ground subsidence (referred to in this paragraph as “the monitoring scheme”) has been submitted to and approved by the Agency, such approval not to be unreasonably withheld or delayed.
(2) The monitoring scheme described in sub-paragraph (1) must set out—
(a)the drainage work which is to be subject to such monitoring;
(b)the extent of land to be monitored;
(c)the manner in which ground levels are to be monitored;
(d)the timescales of any monitoring activities; and
(e)the extent of ground subsidence which, if exceeded, will require the undertaker to submit for the Agency’s approval a ground subsidence mitigation scheme in respect of such subsidence in accordance with sub-paragraph (5).
(3) The Agency must give notice of its decision as to whether or not it approves the monitoring scheme within 21 days beginning with—
(a)where no further information is requested under sub-paragraph (4), the day immediately following that on which the application is received by the discharging authority; and
(b)where further information is requested under sub-paragraph (4), the day immediately following that on which further information has been supplied by the undertaker.
(4) Where an application has been made under sub-paragraph (1) the Agency may request such reasonable further information from the undertaker as it considers necessary to enable it to consider the application.
(5) As soon as reasonably practicable after any ground subsidence identified by the monitoring activities set out in the monitoring scheme has exceeded the level described in sub-paragraph (2)(e), a scheme setting out necessary mitigation measures (if any) for such ground subsidence (referred to in this paragraph as a “mitigation scheme”) must be submitted to the Agency for approval, such approval not to be unreasonably withheld or delayed; and any mitigation scheme must be implemented as approved, unless otherwise agreed in writing with the Agency.
12. Within the Order limits on the south bank of the estuary, from the crest of the flood defences to a point 750 metres landward (measured perpendicular to the flood defences) of the crest of the said defences, the pipeline shall be laid with a minimum cover of 1.7 metres above the pipeline.
1.—(1) For the protection of Anglian Water, the following provisions shall, unless otherwise agreed in writing between the undertaker and Anglian Water, have effect.
(2) In this Part of this Schedule—
“apparatus” means any works, mains, pipes or other apparatus belonging to or maintained by Anglian Water for the purposes of water supply and sewerage and—
any drain or works vested in Anglian Water under The Water Industry Act 1991; and
any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102 (4) of The Water Industry Act 1991 or an agreement to adopt made under section 104 of that Act,
and includes a sludge main, disposal main or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any sewer, drain, or works (within the meaning of section 219 of that Act) and any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;
“alternative apparatus” means alternative apparatus adequate to enable Anglian Water to fulfil its statutory functions in not less efficient a manner than previously;
“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
“plan” includes sections, drawings, specifications and method statements.
(3) The undertaker shall not interfere with, build over or near to any apparatus within the Order land or 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 the standard protection strips which are the strips of land falling the following distances to either side of the medial line of any relevant pipe or apparatus; 2.25metres where the diameter of the pipe is less than 150 millimetres, 3 metres where the diameter of the pipe is between 150 and 450 millimetres, 4.5 metres where the diameter of the pipe is between 450 and 750 millimetres and 6 metres where the diameter of the pipe exceeds 750 millimetres unless otherwise agreed in writing with Anglian Water, such agreement not to be unreasonably withheld or delayed, and such provision being brought to the attention of any agent or contractor responsible for carrying out any work on behalf of the undertaker.
(4) The alteration, extension, removal or re-location of any apparatus shall not be implemented until—
(a)any requirement for any permits under the Environmental Permitting Regulations 2010 or other legislations and any other associated consents are obtained, and any approval or agreement required from Anglian Water on alternative outfall locations as a result of such re-location are approved, such approvals from Anglian Water not to be unreasonably withheld or delayed; and
(b)the undertaker has made the appropriate application required under the Water Industry Act 1991 together with a plan and section of the works proposed and Anglian Water has agreed all of the contractual documentation required under the Water Industry Act 1991, such agreement not to be unreasonably withheld or delayed; and such works to be executed only in accordance with the plan, section and description submitted and in accordance with such reasonable requirements as may be made by Anglian Water for the alteration or otherwise for the protection of the apparatus, or for securing access to it.
(5) In the situation, where in exercise of the powers conferred by the Order, the undertaker acquires any interest in any land in which apparatus is placed and such apparatus is to be relocated, extended, removed or altered in any way, no alteration or extension shall take place until Anglian Water has established to its reasonable satisfaction, contingency arrangements in order to conduct its functions for the duration of the works to relocate, extend, remove or alter the apparatus.
(6) Regardless of any provision in this Order or anything shown on any plan, the undertaker must not acquire any apparatus otherwise than by agreement, and before extinguishing any existing rights for Anglian Water to use, keep, inspect, renew and maintain its apparatus in the Order land, the undertaker shall, with the agreement of Anglian Water, create a new right to use, keep, inspect, renew and maintain the apparatus that is reasonably convenient for Anglian Water such agreement not to be unreasonably withheld or delayed, and to be subject to arbitration under article 46 (arbitration).
(7) If in consequence of the exercise of the powers conferred by the Order the access to any apparatus is materially obstructed the undertaker shall provide such alternative means of access to such apparatus as will enable Anglian Water to maintain or use the apparatus no less effectively than was possible before such obstruction.
(8) If in consequence of the exercise of the powers conferred by the Order, previously unmapped sewers, lateral drains or other apparatus are identified by the company, notification of the location of such assets will immediately be given to Anglian Water and afforded the same protection of other Anglian Water assets.
(9) If for any reason or in consequence of the construction of any of the works referred to in paragraphs (4) to (6) and (8) above any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of Anglian Water, or there is any interruption in any service provided, or in the supply of any goods, by Anglian Water, the undertaker shall—
(a)bear and pay the cost reasonably incurred by Anglian Water in making good any damage or restoring the supply; and
(b)make reasonable compensation to Anglian Water for any other expenses, loss, damages, penalty or costs incurred by Anglian Water by reason or in consequence of any such damage or interruption.
1. For the protection of Centrica the following provisions, unless otherwise agreed in writing between the undertaker and Centrica, have effect.
2. In this Part of this Schedule—
“apparatus” means Centrica’s pipelines, cables, structures or other electrical, gas or telecommunication infrastructure owned, occupied or maintained by Centrica for the purposes of its undertaking including the pipeline;
“Centrica” means Centrica Plc and all of its subsidiaries and group companies, including but not limited to Centrica Storage Limited, or any successor company performing the same functions; and
“pipeline” means the Centrica condensate pipeline 200NB.
3.—(1) Before extinguishing any existing rights for Centrica to keep, inspect, renew, maintain and decommission its apparatus on, over or in the Order land or to cross the Order land to access its apparatus, the undertaker at its expense, with the agreement of Centrica, must create a new right, which is consistent with the existing right being extinguished, to keep, inspect, renew, maintain and decommission the apparatus in the same location or a new right of access that it reasonably convenient for Centrica, such agreement not to be unreasonably withheld or delayed.
(2) The undertaker will not in the exercise of any powers conferred by this Order unreasonably interfere with Centrica’s access to inspect, renew, maintain or decommission the pipeline unless a suitable alternative access is provided at the undertaker’s expense prior to and for the duration of any such interference.
4.—(1) Save where paragraph 36 of this Part applies, no works are to commence within 10 metres of apparatus until a construction method statement to protect the apparatus has been prepared by the undertaker and submitted to and agreed with Centrica (such agreement not to be unreasonably withheld or delayed).
(2) The construction method statement must include provisions in respect of—
(a)the location and methods of reinforcement of crossing points over the apparatus and restrictions on building and altering the ground level over the apparatus elsewhere.
(b)a mechanism for the enforcement of the relevant undertaker’s use of designated crossing points over the apparatus and the agreed reinforcement methods; and
(c)adoption of a prior notification and consent regime which would require the relevant undertaker to—
(i)obtain Centrica’s consent to the carrying out of the proposed development within the vicinity of the apparatus, such consent not to be unreasonably withheld; and
(ii)notify Centrica of its intention to carry out any development within the vicinity of the apparatus, such notification to be provided at least 7 days prior to any such development occurring; and
the authorised project must be carried out in accordance with the approved construction method statement.
(3) At all times when carrying out any works authorised under the Order the undertaker must comply with the undertaker’s policies for safe working in proximity to gas apparatus “Specification for safe working in the vicinity of National Grid high pressure gas pipelines and associated installation requirements for third parties T/SP/SSW22”.
(4) Prior to any works authorised under the Order within 50 yards of the pipeline being carried out, a crossing agreement shall be entered into between the undertaker and Centrica governing the works to be undertaken, and any future works undertaken in the Notification Area (as defined in the crossing agreement) by the undertaker, in a form acceptable to and to be approved by Centrica.
5.—(1) Any authorised works within 100 metres of any apparatus or alternative apparatus capable of interfering with or risking damage to the apparatus or alternative apparatus must not commence until a scheme for monitoring ground subsidence (“referred to in this paragraph as the monitoring scheme”) has been submitted to and approved by Centrica, such approval not to be unreasonably withheld or delayed.
(2) The monitoring scheme described in sub-paragraph (1) must set out—
(a)the apparatus which is to be subject to such monitoring;
(b)the extent of land to be monitored;
(c)the manner in which ground levels are to be monitored;
(d)the timescales of any monitoring activities; and
(e)the extent of ground subsidence which, if exceeded, will require the undertaker to submit for Centrica’s approval a ground subsidence mitigation scheme in respect of such subsidence in accordance with sub-paragraph (3).
(3) The monitoring scheme required by sub paragraphs (1) and (2) must be submitted at least 28 days prior to the commencement of any works authorised by this Order or comprised within the authorised project to which sub-paragraph (1) applies. Any requirements of Centrica will be notified within 10 days of receipt of the monitoring scheme. Thereafter the monitoring scheme must be implemented at the cost of the undertaker as approved, unless otherwise agreed in writing with Centrica.
(4) As soon as reasonably practicable after any ground subsidence identified by the monitoring activities set out in the monitoring scheme has exceeded the level described in sub-paragraph (2)(e), a scheme setting out necessary mitigation measures (if any) for such ground subsidence (referred to in this paragraph as a “mitigation scheme”) must be submitted to Centrica for approval, such approval not to be unreasonably withheld or delayed; and any mitigation scheme must be implemented at the cost of the undertaker as approved, unless otherwise agreed in writing with Centrica save that Centrica retains the right to carry out any further necessary protective works for the safeguarding of their apparatus.
(5) If the monitoring scheme or mitigation scheme would conflict with any aspect of any ground subsidence monitoring scheme or ground subsidence mitigation scheme approved by the relevant planning authority pursuant to Schedule 3 (requirements) the undertaker may submit a revised monitoring scheme or mitigation scheme to Centrica for its approval, such approval not to be unreasonably withheld or delayed; and the revised monitoring scheme or mitigation scheme must be implemented as approved, unless otherwise agreed in writing with Centrica.
6.—(1) Where in the reasonable opinion of Centrica—
(a)the authorised project might interfere with the existing cathodic protection forming part of a pipeline; or
(b)a pipeline might interfere with the proposed or existing cathodic protection forming part of the authorised project,
Centrica and the undertaker must co-operate in undertaking the tests which Centrica considers reasonably necessary for ascertaining the nature and extent of such interference and measures for providing or preserving cathodic protection. Such tests shall be at the cost of the undertaker.
(2) The undertaker shall at its cost implement any measures identified for providing or preserving cathodic protection as soon as reasonably practicable.
7.—(1) In the event that the undertaker uses an alternative cathodic protection design for the authorised works to that shown on the works plans, not less than 56 days before the commencement of any authorised works, the undertaker shall submit to Centrica plans detailing alterations to the cathodic protection design and setting out a pre- and post- construction monitoring scheme to assess any interactions with apparatus or alternative apparatus.
(2) The undertaker must not commence any works to which sub-paragraph (1) applies until Centrica has given written approval of the plans and monitoring scheme submitted.
(3) Any approval of Centrica required under sub-paragraph (2)—
(a)may be given subject to reasonable conditions for the protection of apparatus; and
(b)must not be unreasonably withheld.
(4) The undertaker must implement the works and the monitoring scheme as approved under sub-paragraph (1) in the construction and maintenance of the authorised works.
8.—(1) If the undertaker acquires or overrides any interest in the land in which apparatus is laid, the apparatus shall not be removed under this Part of this Schedule and any right of Centrica to keep, inspect, renew or maintain the apparatus in that land shall not be extinguished until alternative apparatus has been constructed at the undertaker’s expense, and is in operation to the reasonable satisfaction of Centrica in accordance with sub-paragraphs (2) to (5) inclusive.
(2) If, for the purpose of executing any works in, on, under or over any land purchased, held, appropriated or used under this Order, the undertaker required the removal of apparatus in that land, it shall give Centrica 56 days’ advance written notice of that requirement, together with a plan of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any powers conferred by this Order Centrica reasonably needs to remove any apparatus) the relevant undertaker shall, subject to sub-paragraph (3), afford to Centrica to their satisfaction, (taking into account paragraph 37(1) below) the necessary facilities and rights for—
(a)the construction of an alternative apparatus in other land of the undertaker or Centrica; and
(b)subsequently for the operation or maintenance of that alternative apparatus.
(3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker or Centrica, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2), in the land in which the alternative apparatus or part of such apparatus is to be constructed, Centrica shall, on receipt of written notice to that effect from the undertaker and at the undertakers cost, take such steps as are reasonable in the circumstances in an endeavour to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed save that this obligation shall not extend to the requirement for Centrica to seek compulsory purchase powers to this end unless it elects to do so.
(4) Any alternative apparatus to be constructed in land of the relevant undertaker or Centrica under this Part of this Schedule must be constructed in such a manner and in such line or situation as may be agreed between Centrica and the undertaker.
(5) Centrica shall, after the alternative apparatus to be provided or constructed has been agreed, and subject to the grant to Centrica of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay, at the cost of the undertaker, construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under this Part of this Schedule.
9.—(1) Where in accordance with the provisions of this Part of this Schedule, the undertaker affords to Centrica facilities and rights for the construction, operation and maintenance in land of the undertaker of alternative apparatus in substitution for the apparatus to be removed, those facilities and rights shall be granted upon such terms and conditions as may be agreed between the undertaker and Centrica and shall be no less favourable on the whole than the facilities and rights enjoyed by it in respect of the apparatus to be removed unless agreed by Centrica.
(2) If the facilities and rights to be afforded by the undertaker and agreed with Centrica under (1) above in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are less favourable on the whole to Centrica than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the matter must be referred to arbitration and, the arbitrator must make such provision for the payment of compensation by the relevant undertaker to Centrica as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.
10. If for any reason or in consequence of the construction, operation or maintenance of the authorised project, any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of Centrica, the undertaker must bear and pay the cost reasonably incurred by Centrica in making good any damage by reason or in consequence of such damage.
11. Regardless of any provision in this Order or anything shown on the land plans or contained in the book of reference, the undertaker must not acquire any apparatus or override any easement or other interest of Centrica or acquire any land or other interest of Centrica or create any new rights over the same otherwise than by agreement of Centrica, which agreement must not be unreasonably withheld.
12. Any dispute arising between the undertaker and Centrica under this Part of this Schedule must be determined by arbitration as provided in article 46 (arbitration) unless otherwise agreed in writing between the undertaker and Centrica.
Article 22
1. The enactments for the time being in force with respect to compensation for the compulsory purchase of land 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.
2.—(1) Without prejudice to the generality of paragraph 1, the Land Compensation Act 1973(8) has effect subject to the modifications set out in sub-paragraphs (2) and (3).
(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” there are substituted the words “a right or restrictive covenant over land is purchased from or imposed on”; and
(b)for the words “acquired or taken from him” there are substituted the words “over which the right is exercisable or the restrictive covenant enforceable”.
(3) In section 58(1) (determination of material detriment where part of house etc. proposed for compulsory acquisition), as it applies to determinations under section 8 of the 1965 Act as substituted by paragraph 5—
(a)for the word “part” in paragraphs (a) and (b) there are substituted the words “a right over or restrictive covenant affecting land consisting”;
(b)for the word “severance” there is substituted the words “right or restrictive covenant over or affecting the whole of the house, building or manufactory or of the house and the park or garden”;
(c)for the words “part proposed” there are substituted the words “right or restrictive covenant proposed”; and
(d)for the words “part is” there are substituted the words “right or restrictive covenant is”.
3.—(1) The 1965 Act has 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, or to the imposition under this Order of a restrictive covenant, as it applies to the compulsory acquisition under this Order 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 applies 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) there is substituted the following section—
“7. In assessing the compensation to be paid by the acquiring authority under this Act, regard must be had not only to the extent (if any) to which the value of the land over which the right is to be acquired or the restrictive covenant is to be imposed 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. 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 modified 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 or the restrictive covenant which is to be imposed is vested absolutely in the acquiring authority.
6. Section 11 of the 1965 Act (powers of entry) is modified 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 or enforcing that restrictive covenant (which is 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 are modified correspondingly.
7. Section 20 of the 1965 Act (protection for interests of tenants at will, etc.) applies 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 or the enforcement of the restrictive covenant in question.
8. 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 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 47
1.—(1) Subject paragraph (2), where an application has been made to the discharging authority for any specified consent, the discharging authority must give notice to the undertaker of its decision on the application within a period of 8 weeks beginning with—
(a)where no further information is requested under paragraph (3), the day immediately following that on which the application is received by the discharging authority;
(b)where further information is requested under paragraph (3), the day immediately following that on which further information has been supplied by the undertaker; or
(2) For the 8 weeks in paragraph (1), a longer period may be substituted where agreed in writing between the undertaker and the discharging authority.
(3) Where an application has been made under paragraph (1) the discharging authority may request such reasonable further information from the undertaker as it considers is necessary to enable it to consider the application.
(4) If the discharging authority considers further information is necessary and this Order does not specify that consultation with a consultee is required, the discharging authority may notify the undertaker in writing specifying the further information required.
(5) If a provision of this Order relating to a specified consent specifies that consultation with a consultee is required, the discharging authority must issue the consultation to the consultee and may notify the undertaker in writing specifying any further information requested by the consultee.
2.—(1) Where an application is made to a relevant planning authority for any consent, agreement or approval required by a requirement listed in Schedule 3 (requirements) to this Order, a fee of £97 (or such other fee as may be prescribed in regulations made pursuant to sections 303 (fees for planning applications etc.) and 333(2A) (regulations and orders) of the 1990 Act for the confirmation by a local planning authority of compliance with a condition attached to a planning permission) must be paid to the discharging authority.
(2) Any fee paid under this Schedule must be refunded to the undertaker within 4 weeks of the discharging authority failing to determine the application within 8 weeks or the period agreed under paragraph 1(2) from the date on which it is received, unless within that period the undertaker agrees in writing that the fee may be retained by the discharging authority and credited in respect of a future application.
3.—(1) The undertaker may appeal if—
(a)the discharging authority refuses an application for any specified consent or grants it subject to conditions;
(b)the discharging authority does not give notice of its decision to the undertaker within the period specified in sub-paragraph 1(1);
(c)having received a request for further information under paragraph 1(3) the undertaker considers that either the whole or part of the specified information requested by the discharging authority is not necessary for consideration of the application; or
(d)having received any further information requested, the discharging authority notifies the undertaker that the information provided is inadequate and requests additional information which the undertaker considers is not necessary for consideration of the application.
(2) The procedure for appeals is as follows—
(a)the undertaker must submit to the Secretary of State a copy of the application submitted to the discharging authority and any supporting documents which the undertaker may wish to provide (“the appeal documents”);
(b)the undertaker must on the same day provide copies of the appeal documents to the discharging authority and (if applicable) the consultee;
(c)as soon as is practicable after receiving the appeals documents the Secretary of State must appoint a person to determine the appeal (“the appointed person”) and notify the appeal parties of the identity of the appointed person and the address to which all correspondence for the appointed person should be sent;
(d)the discharging authority and (if applicable) the consultee may submit any written representations in respect of the appeal to the appointed person within 10 business days beginning with the first day immediately following the date on which the appeal parties are notified of the appointment of the appointed person 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;
(e)the appeal parties may make any counter-submissions to the appointed person within 10 business days beginning with the first day immediately following the date of receipt of written representations pursuant to paragraph (d) above; and
(f)the appointed person must make a decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable.
(3) If the appointed person considers that further information is necessary to consider the appeal, the appointed person must as soon as practicable notify the appeal parties in writing specifying the further information required, the appeal party from whom the information is sought, and the date by which the information must be submitted.
(4) Any further information required pursuant to sub-paragraph (3) must be provided by the party from whom the information is sought to the appointed person and to other appeal parties by the date specified by the appointed person.
(5) The appeal parties may submit written representations to the appointed person concerning matters contained in the further information.
(6) Any such representations must be submitted to the appointed person and made available to all appeal parties within 10 business days of the date mentioned in sub-paragraph (3).
4.—(1) On an appeal under paragraph 2, the appointed person may—
(a)allow or dismiss the appeal; or
(b)reverse or vary any part of the decision of the discharging 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 the appointed person in the first instance.
(2) 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 prescribed or set by the appointed person under this paragraph.
(3) The appointed person may proceed to a decision even though no written representations have been made within those time limits if it appears to the appointed person that there is sufficient material to enable a decision to be made on the merits of the case.
(4) 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.
(5) Any approval given by the appointed person pursuant to this Schedule is deemed to be an approval for the purposes of this Order and any other enactment which required the specified consent as if it had been given by the discharging authority.
(6) The discharging authority may confirm any determination given by the appointed person in identical form in writing but a failure to give such confirmation (or a failure to give it in identical form) does not affect or invalidate the effect of the appointed person’s determination.
(7) Except where a direction is given pursuant to sub-paragraph (8) requiring the costs of the appointed person to be paid by the discharging authority, the reasonable costs of the appointed person must be met by the undertaker.
(8) On application by the discharging 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.
(9) In considering whether to make any such direction and the terms on which it is made, the appointed person must have regard to Communities and Local Government Circular 03/2009 or any circular or guidance which may from time to time replace it.
(10) Where the undertaker appeals under paragraph 2—
(a)this Schedule applies instead of article 46 (arbitration); and
(b)in respect of any specified consent required pursuant to sections 54 to 106 of the 1991 act, this Schedule applies instead of section 99 (arbitration) of that Act.
5. In this Schedule—
“the appeal parties” means the discharging authority, the consultee and the undertaker;
“business day” means Monday to Friday excluding bank holidays;
“consultee” means any body named in a provision of this Order relating to a specified consent which is the subject of an appeal as a body to be consulted by the discharging authority in determining that specified consent;
“discharging authority” means the body responsible for determining whether a specified consent should be given or the local authority in the exercise of functions set out in sections 60 or 61 of the 1974 Act;
“specified consent” means any—
agreement, certificate, consent, permission, expression of satisfaction or other approval required by—
a requirement listed in Schedule 3 (requirements) of this Order;
a document referred to in any requirement listed in Schedule 3 to this Order; and
article 41(3)(b) (felling or lopping of trees or shrubs); or
agreement, certificate, consent, permission, expression of satisfaction or other approval of the highway authority, street authority (where it is also the highway authority for the same area) or traffic authority required pursuant to articles—
11 (street works) (including pursuant to sections 54 to 106 of the 1991 Act as applied by article 11(3));
12 (power to alter layout, etc. of streets);
13 (construction and maintenance of new, altered or diverted streets);
14 (temporary stopping up of streets and public rights of way);
16 (traffic regulation); or
19 (authority to survey and investigate the land).
See section 106.