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8.—(1) In carrying out the authorised development the undertaker may—
(a)deviate laterally from the lines or situations of the authorised development shown on the works plans to the extent of the limits of deviation shown on those plans; and
(b)deviate vertically from the levels of the authorised development shown on the engineering drawings and sections to a maximum of—
(i)in respect of the Part A online works and the Part B online works, 0.25 metres upwards or 0.25 metres downwards
(ii)in respect of the Part A offline works, 1 metre upwards or 1 metre downwards;
(iii)in respect of the Part B offline works, 0.5 metres upwards or 0.5 metres downwards;
(iv)in respect of the Fenrother Junction access works, 1.25 metres upwards or 1.25 metres downwards;
(v)in respect of the Highlaws Junction overbridge works and the West Moor Junction overbridge works, 0.5 metres upwards or 0.5 metres downwards;
(vi)in respect of the Fenrother Junction overbridge works, 1.35 metres upwards or 1.35 metres downwards;
(vii)in respect of the Heckley Fence overbridge works, 0.65 metres upwards or 0.65 metres downwards;
(viii)in respect of the Charlton Mires Junction overbridge works, 0.9 metres upwards or 0.9 metres downwards;
(ix)in respect of the Charlton Mires Junction access works, 0.25 metres upwards or 0.25 metres downwards except for the approach ramps to the Charlton Mires Junction overbridge works where the undertaker may deviate vertically from the levels of the authorised development shown on the engineering drawings and sections to a maximum of 0.9 metres upwards or 0.9 metres downwards,
except that these maximum limits of lateral and vertical deviation 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, certifies accordingly that a deviation in excess of these limits would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.
(2) Part 2 (procedure for discharge of requirements) of Schedule 2 (requirements) applies to an application to the Secretary of State for certification under paragraph (1) as though it were an approval required by a requirement under that Schedule.
(3) In this article—
“Charlton Mires Junction access works” means the works comprised in Work Nos. 29h and 29i;
“Charlton Mires Junction overbridge works” means the works comprised in Work No. 29g;
“Fenrother Junction access works” means the works comprised in Work Nos. 9a, 9b, 9c, 9d, 9e, 9f, 9h and 9i;
“Fenrother Junction overbridge works” means the works comprised in Work No. 9g;
“Heckley Fence overbridge works” means the works comprised in Work No. 27;
“Highlaws Junction overbridge works” means the works comprised in Work No. 8d;
“Part A offline works” means the works comprised in Work Nos. 2a, 2b, 11a, 11b, 11c, 11d, 11e, 12a, 12b, 13, 14 and 15;
“Part A online works” means the works comprised in Work Nos. 1a, 1b, 3a, 3b, 4, 5a, 5b, 5c, 5d, 6, 7, 8a, 8b, 8c, 8e, 8f, 8g, 8h, 8i, 8j, 10a, 10b, 16a, 16b, 16c, 16d, 16f, 16g, 16h, 16i, 16j, 16k, 16l, 17, 18, 19 and 20;
“Part B online works” means the works comprised in Work Nos. 21a, 21b, 23a, 23b, 24, 25a, 25b, 26, 28, 29a, 29b, 29c, 29d, 29e, 29f, 29j, 29k, 29l, 30a, 30b, 31, 32, 33, 34, 35, 36 and 37;
“Part B offline works” means the works comprised in Work Nos. 22a and 22b; and
“West Moor Junction overbridge works” means the works comprised in Work No. 16e.
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