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5.—(1) In carrying out, maintaining or diverting the authorised development for which it is granted development consent by article 3 (development consent etc. granted by the Order) the undertaker may—
(a)deviate laterally from the centreline for the linear works forming part of the authorised development shown on the works plan within the limits of deviation relating to that work shown on those plans;
(b)deviate laterally from the situations for the non-linear works forming part of the authorised development shown on the works plan and design drawings within the limits of deviation relating to that work shown on the design drawings;
(c)in respect of the overhead lines and any pylon and temporary structures deviate vertically from the levels of the authorised development shown on the design drawings to any extent upwards not exceeding 6 metres;
(d)deviate vertically for the linear works to such extent downwards as the undertaker considers necessary or convenient; and
(e)carry out construction activities for the purposes of the authorised development anywhere within the Order limits.
(2) Without prejudice to paragraphs (5) and (6) of article 3 (development consent etc. granted by the Order) the removal, clearance, decommissioning and demolition of any existing electric line may take place within the Order limits.
(3) In respect of the non-linear works forming part of the authorised development—
(a)the undertaker may deviate to any extent upwards not exceeding the maximum height shown on the relevant parameter plans measured from the finished site levels shown on the corresponding elevation plans; and
(b)the authorised development is to be carried out within any parameters shown on the parameter plans within the design drawings.
(4) The maximum limits of deviation specified in sub-paragraph (1)(a) to (c) and paragraph (3) do not apply where it is demonstrated by the undertaker to the Secretary of State’s satisfaction and the Secretary of State, following consultation with the relevant planning authority and any other person the Secretary of State considers appropriate having regard to the proposed deviation in question and the statutory roles and responsibilities of such person, certifies accordingly that a deviation in excess of these limits would not give rise to any materially new or materially different environmental effects to those identified in the environmental statement.
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