The West Midlands Rail Freight Interchange Order 2020

PART 6 FOR THE PROTECTION OF THE SI GROUP

1.  The provisions of this Part of this Schedule have effect, unless otherwise agreed in writing between the undertaker and SI Group.

2.  In this Part of this Schedule and notwithstanding the definitions contained in article 2 (interpretation)—

“environmental permit” means the permit issued by the Environment Agency to SI Group under reference EPR/BS47071B (as varied) in respect of the SI facility and the SI land;

“Four Ashes Limited” means Four Ashes Limited whose company number is 09747871 and whose registered office is 4th floor, 7/10 Chandos Street, Cavendish Square, London, W1G 9DQ;

“permits” means the environmental permit and a licence to abstract groundwater under reference number MD/028/0003/002 which inter alia govern the abstraction of contaminated groundwater and discharge to a wastewater treatment plant at the SI facility;

“SI facility” means the land edged blue for indicative purposes only on the SI facility plan;

“SI facility plan” means the plan referred to as such in Schedule 15 (certification documents) and certified as the SI facility plan by the Secretary of State for the purposes of this Order;

“SI land” means the land within the Order limits which is owned by the SI Group for so long as it is owned by it; and

“written agreement of SI” means—

(a)

the agreement dated 3 August 2018 between the SI Group and Four Ashes Limited; or

(b)

such other written agreement made between the SI Group and Four Ashes Limited from time to time.

3.  Subject to paragraph 7(1) of this Part of this Schedule the undertaker must not exercise any powers in accordance with this Order or the powers conferred by section 11(3) (powers of entry) of the 1965 Act in respect of the SI Group’s interests in the SI land or SI facility, or those interests which benefit those interests, including all rights, wayleaves and easements enjoyed by the SI Group in relation to the SI land and/or SI facility pursuant to—

(a) article 13 (accesses);

(b) article 21 (discharge of water);

(c) article 22 (authority to survey and investigate the land);

(d) article 24 (compulsory acquisition of land);

(e) article 25 (compulsory acquisition of rights);

(f) article 28 (private rights);

(g) article 29 (power to override easements and other rights);

(h) article 33 (rights under and over streets);

(i) article 34 (temporary use of land for carrying out the authorised development);

(j) article 35 (temporary use of land for maintaining the authorised development); and/or

(k) article 41 (felling or lopping trees and removal of hedgerows),

unless the exercise of such powers is in accordance with the written agreement of SI.

4.  The undertaker must not take any steps in accordance with this Order or otherwise that give rise to SI Group being in breach of any permits.

5.  The undertaker must not carry out any of the authorised development on any part of the SI land where that land remains encompassed within the site boundary regulated by and referred to in the environmental permit save as in accordance with the written agreement of SI.

6.  The undertaker must not, save as in accordance with the written agreement of SI., interfere with or obstruct the free, uninterrupted and safe use of any vehicular access to the SI facility.

7.  A power referred to in paragraphs 3, 5 and 6 of this Part of this Schedule may be exercised notwithstanding those paragraphs where the written agreement with SI to which they refer provides that the power is permitted to be exercised.