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3.—(1) Subject to the provisions of this Order (including the requirements)—
(a)National Grid is granted development consent for the authorised development set out in Schedule 1 (authorised development) to be carried out within the Order limits; and
(b)Subject to article 6(5) (benefit of Order), UKPN is granted development consent for the UKPN Works to be carried out within the Order limits.
(2) National Grid may—
(a)install and keep installed the authorised development; and
(b)remove or replace any electric line including pylons that may require removal as part of the authorised development.
(3) UKPN may—
(a)Subject to paragraphs (3) and (5) of article 6 (benefit of Order), carry out the UKPN Works; and
(b)remove or replace any electric line including pylons or poles that may require removal in relation to the UKPN Works.
(4) National Grid may operate and use the electric lines and any other elements of the authorised development (excluding the UKPN Works) as part of the high-voltage electricity transmission system in England and Wales.
(5) UKPN may operate and use the electric line and any other elements of the UKPN Works as part of the electricity distribution network.
(6) The authorised development must be constructed and installed in the lines and situations shown on the work plans listed in Schedule 2, subject to article 5 (limits of deviation) and to the requirements.
(7) Schedule 3 (requirements) has effect.
4.—(1) National Grid may at any time maintain the authorised development (excluding the UKPN Works), except to the extent that this Order, or an agreement made under this Order, provides otherwise.
(2) UKPN may at any time maintain the UKPN Works, except to the extent that this Order, or an agreement made under this Order, provides otherwise.
5.—(1) Subject to paragraph (4), in respect of the permanent overhead electric line and underground electric line works forming part of Work Nos. 1, 2, 3, 4, 5, 6, 10 and 11 (inclusive) of the authorised development for which it is granted development consent by paragraph (1) of article 3 (development consent etc. granted by the Order), the undertaker may—
(a)deviate laterally from the centreline for the linear works of the authorised development shown on the work plans within the limits of deviation relating to a Work shown on those plans and carry out construction activities for the purpose of the authorised development within the Order limits; and
(b)in respect of the pylons deviate vertically from the levels of the authorised development shown on the table of parameters—
(i)to any extent upwards not exceeding 4 metres;
(ii)to such extent downwards as the undertaker considers necessary or convenient;
(c)in respect of the overhead conductors and fibre-optic earth wires deviate vertically to such extent as the undertaker considers necessary or convenient;
(d)in respect of the underground electric line, deviate vertically—
(i)upwards such that the minimum distance that will be kept between the top of the protective tiles or (where there are no protective tiles) the top of the cable ducts and the top of the finished ground level is 0.9 metres; and
(ii)downwards to such extent as the undertaker considers necessary or convenient.
(2) Without prejudice to article 3(6) (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) Subject to paragraph (4), in respect of other permanent above ground structures, erections and apparatus, including the Grid Supply Point Substation, Bramford Substation and cable sealing end compounds forming part of the authorised development—
(a)the authorised development is to be carried out within any applicable non-linear limits of deviation shown on the work plans; and
(b)the undertaker may deviate to any extent upwards not exceeding 10% above the maximum height shown on the table of parameters and to such extent downwards as the undertaker considers necessary or convenient.
(4) The maximum limits of vertical deviation specified in paragraphs (1)(b), (1)(d) and (3)(b) 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.
6.—(1) Subject to article 7 (consent to transfer benefit of Order), the provisions of this Order have effect for the benefit of—
(a)National Grid in respect of the authorised development; and
(b)Subject to paragraph (5), UKPN in respect of the UKPN Works.
(2) Paragraph (1) does not apply to the benefit of the consent granted by this Order for works carried out by the undertaker for the benefit or protection of land or persons (including statutory undertakers) affected by the authorised development.
(3) UKPN may not carry out the UKPN Works under article 3(3)(a) (development consent etc. granted by the Order) except in accordance with the written consent of National Grid, which may be granted subject to reasonable conditions.
(4) If UKPN fails to carry out any of the UKPN Works in accordance with National Grid’s consent, National Grid may give UKPN and the Secretary of State notice that National Grid intends to carry out those UKPN Works under article 3(3)(a) (development consent etc. granted by the Order) from a date specified in the notice.
(5) On the date specified in any notice under paragraph (4) of this article—
(a)UKPN is to cease to have the benefit of article 3(1)(b) (development consent etc. granted by the Order) and sub-paragraph (1)(b) of this article;
(b)UKPN is to cease to be an undertaker for the installation of the UKPN Works but remains an undertaker for the purposes of keeping installed and maintaining the electric lines included in the UKPN Works; and
(c)references to UKPN in article 27 (temporary use of land for maintaining the authorised development) are to be read as including National Grid.
7.—(1) National Grid in relation to the authorised development (not including the UKPN Works), and UKPN in relation to the UKPN Works, may, with the consent of the Secretary of State—
(a)transfer to another person (“the transferee”) any or all of the benefit of the provisions of this Order and such related statutory rights as may be agreed between National Grid or UKPN and the transferee;
(b)grant to another person (“the lessee”) for a period agreed between National Grid or UKPN and the lessee any or all of the benefit of the provisions of this Order and such related statutory rights as may be so agreed.
(2) Where a transfer or grant has been made in accordance with paragraph (1) references in this Order to National Grid or UKPN (as the case may be), except in paragraphs (3) and (4), are to include references to the transferee or the lessee.
(3) The exercise by a person of any benefits or rights transferred or granted in accordance with any transfer or grant under paragraph (1) is subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by National Grid or UKPN.
(4) Any rights or benefits in relation to the UKPN Works that are transferred or granted by UKPN under paragraph (1) are subject to paragraphs (3) to (5) of article 6 (benefit of Order) as if they had remained exercisable by UKPN.
(5) Where a transfer or grant has been made in accordance with paragraph (1), the undertaker must notify the relevant planning authority of the same.
8.—(1) In respect of the temporary construction works, section 57(2) of the 1990 Act (planning permission required for development) applies as if the development consent granted by this Order were planning permission granted for a limited period.
(2) Development consent granted by this Order is to be treated as specific planning permission for the purposes of section 264(3)(a) of the 1990 Act (cases in which land is to be treated as not being operational land).
(3) In the exercise of the power under paragraphs (1) and (2) of article 11 (street works) the undertaker is to be deemed to be the highway authority for the purposes of section 55(2)(b) of the 1990 Act.
9. Notwithstanding the provisions of section 208 (liability) of the 2008 Act, for the purposes of regulation 6 of the Community Infrastructure Levy Regulations 2010(1) any building comprised in the authorised development is deemed to be—
(a)a building into which people do not normally go; or
(b)a building into which people go only intermittently for the purpose of inspecting or maintaining fixed plant or machinery.
10.—(1) If planning permission is issued pursuant to the 1990 Act for development any part of which is within the Order limits that is—
(a)not itself a nationally significant infrastructure project under the 2008 Act or part of such a project; and
(b)required to complete or enable the construction, use or operation of any part of the development authorised by this Order,
then the carrying out, use or operation of such development pursuant to the terms of the planning permission is not to constitute a breach of the terms of this Order.
(2) To the extent any development carried out or used pursuant to a planning permission granted under section 57 (planning permission required for development) of the 1990 Act or compliance with any conditions of that permission is inconsistent with the exercise of any power or right under this Order or the authorised development—
(a)that inconsistency is to be disregarded for the purposes of establishing whether any development which is the subject matter of that planning permission is capable of physical implementation; and
(b)in respect of that inconsistency, no enforcement action under the 1990 Act may be taken in relation to development carried out or used pursuant to that planning permission whether inside or outside the Order limits.
(3) Any development or any part of a development within the Order limits which is constructed or used under the authority of a planning permission granted under section 57 of the 1990 Act, including permissions falling under sub-paragraph (1) or (2) or otherwise, is deemed not to be a breach of, or inconsistent with, this Order and will not prevent the authorised development being carried out or used or any other power or right under this Order being exercised.