126. For the protection of Able Humber Ports Limited (company no. 107029) as referred to in this Part of this Schedule the following provisions of this Part of this Schedule have effect, unless otherwise agreed in writing between the undertaker and Able.E+W
Commencement Information
I1Sch. 9 para. 126 in force at 1.9.2020, see art. 1
127. In this Part of this Schedule—E+W
“Able” means Able Humber Ports Limited (company no. 107029) whose registered office is at 44 Esplanade, St Helier, Jersey JE4 9WG;
“the Able authorised development” means the development authorised by the Able Order;
“the Able Order” means the Able Marine Energy Park Development Consent Order 2014 M1;
“the Able Order land” means the Order land (as defined in the Able Order) or any part of it;
“the Able Order limits” means the Order limits as defined in the Able Order;
“the OCGT authorised development” means the development authorised by this Order; and
“the respective authorised developments” means the OCGT authorised development and the Able authorised development.
128. The undertaker must not exercise the powers granted under this Order so as to hinder or prevent—
(a)the construction, operation, use or maintenance of the Able authorised development; or
(b)access to all parts of the Able authorised development,
otherwise than with the prior written consent of Able.
Commencement Information
I3Sch. 9 para. 128 in force at 1.9.2020, see art. 1
129. If the undertaker proposes to alter the layout of the existing highway access points within plots 2, 8 or 9, it must not submit written details for numbered work 2 so far as it is within those plots for approval to the relevant planning authority in accordance with requirement 5(3) or requirement 8(1) without first obtaining the written consent of Able in respect of the design and layout of the relevant part of numbered work 2.E+W
Commencement Information
I4Sch. 9 para. 129 in force at 1.9.2020, see art. 1
130. The undertaker must not submit written details for numbered work 6 so far as it is within plots 6 or 7 for approval to the relevant planning authority in accordance with requirement 5(6) without first obtaining the written consent of Able in respect of the siting, design and layout of the relevant part of numbered work 6.E+W
Commencement Information
I5Sch. 9 para. 130 in force at 1.9.2020, see art. 1
131.—(1) The undertaker must not exercise the powers under any of the articles of the Order specified in sub-paragraph (2) over or in respect of the Able Order land otherwise than with the prior written consent of Able.E+W
(2) The articles referred to in sub-paragraph (1) are—
(a)article 8 (power to alter layout etc. of streets);
(b)article 9 (street works);
(c)article 10 (construction and maintenance of new or altered means of access);
(d)article 11 (temporary prohibition or restriction of use of streets);
(e)article 12 (access to works);
(f)article 14 (traffic regulation);
(g)article 16 (authority to survey and investigate the land);
(h)article 18 (compulsory acquisition of land);
(i)article 19 (power to override easements and other rights);
(j)article 21 (compulsory acquisition of rights etc.);
(k)article 22 (private rights);
(l)article 26 (rights under or over streets);
(m)article 27 (temporary use of land for carrying out the authorised development);
(n)article 28 (temporary use of land for maintaining the authorised development); and
(o)article 29 (statutory undertakers).
(3) In the event that Able withholds its consent pursuant to sub-paragraph (1) it must notify the undertaker in writing of the reasons for withholding such consent and (if applicable) the time period during which such consent will be withheld.
Commencement Information
I6Sch. 9 para. 131 in force at 1.9.2020, see art. 1
132.—(1) Wherever in this Part of this Schedule provision is made with respect to the approval or consent of Able, that approval or consent must be in writing (and subject to such reasonable terms and conditions as Able may require), and must not be unreasonably withheld or delayed.E+W
(2) In the event that Able does not respond in writing to a request for approval or consent within 28 days of receipt of such a request, Able is deemed to have given its consent, without any terms or conditions.
Commencement Information
I7Sch. 9 para. 132 in force at 1.9.2020, see art. 1
133.—(1) Insofar as the construction of the OCGT authorised development is or may be undertaken concurrently with the Able authorised development, the undertaker must—E+W
(a)co-operate with Able with a view to ensuring—
(i)the co-ordination of construction programming and the carrying out of works; and
(ii)that access for the purposes of constructing the respective authorised developments is maintained for the undertaker and Able and their respective contractors; and
(b)use reasonable endeavours to avoid any conflict arising from the carrying out of the respective authorised developments.
Commencement Information
I8Sch. 9 para. 133 in force at 1.9.2020, see art. 1
134. Any difference or dispute arising between the undertaker and Able under this Part of this Schedule will, unless otherwise agreed in writing between the undertaker and Able, be referred to and settled by arbitration in accordance with Article 42 (Arbitration).
Commencement Information
I9Sch. 9 para. 134 in force at 1.9.2020, see art. 1