The National Grid (Yorkshire Green Energy Enablement Project) Development Consent Order 2024

PART 3 FOR THE PROTECTION OF THE CANAL & RIVER TRUST

Interpretation

12.—(1) For the protection of the Trust the following provisions of this part of this Schedule have effect, unless otherwise agreed in writing between the undertaker and the Trust, in relation to the removal, installation and maintenance of the overhead electric lines comprised in Work No. 6 (XC and XCP overhead electric lines, and XC overhead electric line) of Schedule 1 (authorised development) and any associated development in connection with it.

(2) In this part of this Schedule—

“Code of Practice” means the Code of Practice for Works Affecting the Canal and River Trust (April 2023) or any updates or amendments thereto (provided any such updates or amendments do not adversely impact the ability of the undertaker to construct and maintain Work No.6 (XC and XCP overhead electric lines, and XC overhead electric line) of Schedule 1 (authorised development) and any associated development in connection with it);

“detriment” means any damage to the waterway or any other property of the Trust caused by the presence of Work No. 6 (XC and XCP overhead electric lines, and XC overhead electric line) of Schedule 1 (authorised development) and any associated development in connection with it and, without prejudice to the generality of that meaning, includes—

(a)

any obstruction of, or interference with, or hindrance or danger to, navigation or to any use of the waterway (including towing paths);

(b)

the erosion of the bed or banks of the waterway, or the impairment of the stability of any works, lands or premises forming part of the waterway;

(c)

the deposit of materials or the siltation of the waterway so as to damage the waterway;

(d)

the pollution of the waterway;

(e)

any interference with the exercise by any person of rights over the Trust’s network;

“the engineer” means an engineer appointed by the Trust for the purpose in question;

“plans” includes navigational risk assessments, plans, sections, designs, drawings, specifications, soil reports, calculations, descriptions (including descriptions of methods of construction) and programmes;

“practical completion” means practical completion of all of the specified work notwithstanding that items which would ordinarily be considered snagging items remain outstanding, and the expression “practically complete” and “practically completed” is to be construed accordingly;

“specified work” means so much of Work No. 6 (XC and XCP overhead electric lines, and XC overhead electric line) of Schedule 1 (authorised development) and any associated development in connection with it as is, may be, or takes place in, on, under or over the surface of land below the water level forming part of the waterway; or may affect the waterway or any function of the Trust, including any projection over the waterway by any authorised work or any plant or machinery;

“the Trust” means the Canal & River Trust;

“the Trust’s network” means the Trust’s network of waterways;

“the waterway” means each and every part of the River Ouse, and includes any works, lands or premises belonging to the Trust, or under its management or control, and held or used by the Trust in connection with that river.

(3) The Code of Practice applies to any specified work and where there is an inconsistency between these protective provisions and the Code of Practice, the part of the Code of Practice that is inconsistent with these protective provisions does not apply and these protective provisions apply.

Notice to be given prior to specified works

13.—(1) Unless 28 days’ prior written notice is given by the undertaker to the Trust (or such other period as is agreed in writing between the undertaker and the Trust), the undertaker will not construct or, to the extent that it would affect the waterway or any function of the Trust, maintain any specified work between—

(a) 10pm and 6am during the months April to October; or

(b) 7pm and 7am during the months November to March.

(2) The undertaker will not construct or, to the extent that it would affect the waterway or any function of the Trust, maintain any specified work outside of the timescales provided for within subparagraphs (1)(a) and (1)(b) unless otherwise agreed in writing between the undertaker and the Trust.

(3) Paragraphs (1) and (2) will not apply in the case of emergency, in which case no prior written notice is required and immediate access must be afforded by the Trust.

Fencing

14.  Where so required by the engineer the undertaker must, to the reasonable satisfaction of the engineer, fence off a specified work or take such other steps as the engineer may require to be taken for the purpose of separating a specified work from the waterway, whether on a temporary or permanent basis or both.

Survey of waterway

15.—(1) Before the initial construction or, to the extent that it would affect the waterway or any function of the Trust, maintenance of any part of the specified work and again following practical completion of the specified work the undertaker must bear the reasonable and proper cost of the carrying out by a qualified engineer (the “surveyor”), to be approved by the Trust and the undertaker (such approval not to be unreasonably withheld), of a survey (“the survey”) of so much of the waterway and of any land and existing works of the undertaker which may provide support for the waterway as will or may be affected by the specified work.

(2) For the purposes of the survey the undertaker must—

(a) on being given reasonable notice (save in case of emergency, when immediate access must be afforded) afford reasonable facilities to the surveyor for access to the site of the specified work and to any land and existing works of the undertaker which may provide support for the waterway as will or may be affected by the specified work; and

(b) supply the surveyor as soon as reasonably practicable with all such information as he may reasonably require and which the undertaker holds with regard to such existing works of the undertaker and to the specified work or the method of their construction.

(3) Copies of the survey must be provided to both the Trust and the undertaker at no cost to the Trust.

(4) The surveyor must undertake the survey required under sub-paragraph (1) in a timely manner so as to cause no unreasonable delay to the initial construction or, to the extent that it would affect the waterway or any function of the Trust, maintenance of any part of the specified work.

Approval of plans etc.

16.—(1) The undertaker must before the initial construction or, to the extent that it would affect the waterway or any function of the Trust, commencement of maintenance of any specified work including any temporary works supply to the Trust proper and sufficient plans of that work having regard to the Trust’s Code of Practice and such further particulars available to it as the Trust may within 14 days of the submission of the plans reasonably require for the approval of the engineer and must not commence such construction or, to the extent that it would affect the waterway or any function of the Trust, maintenance of a specified work until plans of that work have been approved in writing by the engineer or settled by arbitration.

(2) Subject to sub-paragraph (3), an application for approval under this paragraph is deemed to have been approved if it is neither given nor refused within 28 days of the specified day.

(3) An approval of the engineer under this paragraph is not deemed to have been unreasonably withheld if approval within the time specified by sub-paragraph (2) has not been given pending the outcome of any consultation on the approval in question that the Trust is obliged to carry out in the proper exercise of its functions.

(4) In this paragraph “the specified day” means, in relation to any specified works—

(a) the day on which plans and sections of that work are submitted to the Trust under sub-paragraph (1); or

(b) the day on which the undertaker provides the Trust with all further particulars of the work that have been requested by the Trust under that sub-paragraph,

whichever is the later.

Failure to complete specified works

17.  In the event that the undertaker fails to complete the construction of, or part of, the specified work by the end of the construction period for the stage within which the specified work is included the Trust may, if it is reasonably required in order to avoid detriment, serve on the undertaker a notice in writing requesting that the specified work be completed. Any notice served under this paragraph must state the works that are to be completed by the undertaker and lay out a reasonable timetable for the works’ completion. The undertaker must complete the specified work as soon as reasonably practicable following receipt of any such notice. If the undertaker fails to comply with this notice within 35 days, the Trust may, so far as it is capable, construct any of the specified works, or part of such works, (together with any adjoining works), except for Work No. 6 (XC and XCP overhead electric lines, and XC overhead electric line) of Schedule 1 (authorised development), in order to complete the specified work, or part of them, and the undertaker must reimburse the Trust all costs, fees, charges and expenses it has reasonably incurred in carrying out such works.

Lighting

18.  The undertaker must provide and maintain at its own expense in the vicinity of the specified work such temporary lighting and such signal lights for the control of navigation as the engineer may reasonably require during the construction or, to the extent that it would affect the waterway or any function of the Trust, maintenance of the specified work.

Construction of specified works

19.—(1) Any specified work must, be constructed and maintained—

(a) with all reasonable dispatch in accordance with any such plans approved or deemed to have been approved or settled as aforesaid and with any specifications made under paragraph 16 of this Part;

(b) under the supervision (if given) and to the reasonable satisfaction of the engineer;

(c) in such manner as to cause as little detriment as is reasonably practicable;

(d) in such manner as to cause as little inconvenience as is reasonably practicable to the Trust, its officers and agents and all other persons lawfully using the waterways, except to the extent that any temporary obstruction or restriction or diversion of the rights of navigation have otherwise been agreed by the Trust or are permitted under this Part;

(e) in such a manner as to ensure that no materials are discharged or deposited into the waterway under this Order otherwise than in accordance with article 19 (discharge of water); and

(f) in compliance with the Code of Practice.

(2) Nothing in this Order authorises the undertaker to make or maintain any permanent works in or over the waterway so as to impede or prevent (whether by reducing the width of the waterway or otherwise) the passage of any vessel which is of a kind (as to its dimensions) for which the Trust is required by section 105(1)(b) and (2) (maintenance of waterways) of the Transport Act 1968 to maintain the waterway.

(3) Following the completion of the construction and, to the extent that it would affect the waterway or any function of the Trust, any maintenance of the specified work the undertaker must restore the waterway, save in respect of the retention of the new permanent overhead line comprised in Work No. 6 (XC and XCP overhead electric lines, and XC overhead electric line) of Schedule 1 (authorised development), to a condition no less satisfactory than its condition immediately prior to construction or maintenance of that work, unless otherwise agreed between the undertaker and the Trust.

(4) In assessing whether the condition of the waterway is no less satisfactory than its condition immediately prior to the works pursuant to sub-paragraph (3), the Trust and the undertaker must take account of any survey issued pursuant to paragraph 15 and any other information agreed between them pursuant to this Part.

Access to work – provision of information

20.—(1) The undertaker on being given reasonable notice must—

(a) at all reasonable times allow reasonable facilities to the engineer for access to a specified work during its construction and, to the extent that it would affect the waterway or any function of the Trust, maintenance; and

(b) supply the engineer with all such information as the engineer may reasonably require with regard to a specified work or the method of constructing and maintaining it.

(2) The Trust on being given reasonable notice must supply the undertaker with such information as it may reasonably require with regard to such works or the method of constructing them and the undertaker must reimburse the Trust’s reasonable costs in relation to the supply of such information.

Maintenance of works

21.  If at any time after the completion of a specified work, not being a work vested in the Trust, the Trust gives notice to the undertaker informing it that it reasonably considers that the state of maintenance of the work appears to be such that the work is causing or likely to cause detriment, the undertaker must, on receipt of such notice, take such steps as may be reasonably necessary to put the work in such state of maintenance as not to cause such detriment.

Repayment of the Trust’s fees, etc.

22.—(1) The undertaker must repay to the Trust in accordance with the Code of Practice all fees, costs, charges and expenses reasonably incurred by the Trust—

(a) in respect of the approval by the engineer of plans submitted by the undertaker and the supervision by the engineer of the construction or, to the extent that it would affect the waterway or any function of the Trust, maintenance of a specified work;

(b) in respect of the employment during the construction or, to the extent that it would affect the waterway or any function of the Trust, maintenance of the specified work of any inspectors, watchmen and other persons whom it is reasonably necessary to appoint for inspecting, watching and lighting any waterway and for preventing, so far as may be reasonably practicable, interference, obstruction, danger or accident arising from the construction or failure of the specified work;

(c) in bringing the specified work to the notice of users of the Trust’s network; and

(d) in constructing and/or carrying out any measures as a result of any specified work which are reasonably required by the Trust to ensure the safe navigation of the waterway save that nothing is to require the Trust to construct and/or carry out any measures.

(2) If the Trust considers that a fee, charge, cost or expense will be payable by the undertaker pursuant to sub-paragraph (1), the Trust will first provide an estimate of that fee, charge, cost or expense and supporting information in relation to the estimate to the undertaker along with a proposed timescale for payment for consideration and the undertaker may, within a period of twenty-one days—

(a) provide confirmation to the Trust that the estimate is agreed and pay to the Trust, by the date stipulated, that fee, charge, cost or expense; or

(b) provide confirmation to the Trust that the estimate is not accepted along with a revised estimate and a proposal as to how or why the undertaker considers that the estimate can be reduced and/or paid at a later date.

(3) The Trust must take in to account any representations made by the undertaker in accordance with this paragraph 22 and must, within twenty-one days of receipt of the information pursuant to sub-paragraph (1), confirm the amount of the fee, charge, cost or expense to be paid by the undertaker (if any) and the date by which this is to be paid.

(4) any dispute as to the fee, charge, cost or expense specified by the Trust pursuant to sub-paragraph (3) will be settled by arbitration in accordance with article 52 (arbitration) of this Order.

Making good of detriment; compensation and indemnity, etc.

23.—(1) If any detriment is caused by the construction or failure of the specified work if carried out by the undertaker, the undertaker (if so required by the Trust) must make good such detriment and must pay to the Trust all reasonable and proper expenses incurred by the Trust, and compensation for any loss sustained by the Trust in making good or otherwise by reason of the detriment.

(2) The undertaker must be responsible for and make good to the Trust all costs, charges, damages, expenses and losses not otherwise provided for in this Part which may be occasioned to and reasonably incurred by the Trust—

(a) by reason of the construction or, to the extent that it would affect the waterway or any function of the Trust, maintenance of a specified work or the failure of such a work; or

(b) by reason of any act or omission of the undertaker or of any person in its employ or of its contractors or others whilst engaged upon the construction or, to the extent that it would affect the waterway or any function of the Trust, maintenance of a specified work;

and subject to sub-paragraph (4) the undertaker must effectively indemnify and hold harmless the Trust from and against all claims and demands arising out of or in connection with any of the matters referred to in subparagraphs (a) and (b) (provided that the Trust is not entitled to recover from the undertaker any consequential losses which are not reasonably foreseeable) subject to a maximum sum of £10 million (ten million pounds).

(3) Nothing in sub-paragraph (2) imposes any liability on the undertaker with respect to any detriment, damage, loss or interruption to the extent that it is attributable to the act, neglect or default of the Trust, its officers, servants, contractors or agents.

(4) The Trust must give the undertaker reasonable notice of any such claim or demand as aforesaid and no settlement or compromise of such a claim or demand is to be made without the prior consent of the undertaker.

Arbitration

24.  Any difference arising between the undertaker and the Trust under this Part (other than a difference as to the meaning or construction of this Part) must be referred to and settled by arbitration in accordance with article 52 (arbitration) of this Order.

As built drawings

25.  As soon as reasonably practicable following the completion of the construction of the authorised development, the undertaker must provide to the Trust as built drawings of any specified work to show the position of that work in relation to the waterway.