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The East Anglia ONE Offshore Wind Farm Order 2014

Type Statutory-Instrument
Publication 2014-06-16
Last updated 2014-07-07
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
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(1) (2) (2)
Number of land shown on land plans Purpose for which rights may be acquired Purpose for which rights may be acquired
2–7 The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised project and to— The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised project and to—
2–7 (a) construct, lay and install by way of directional drilling, adjust, alter, use, maintain, repair, renew, upgrade, inspect, remove and replace underground electrical cables and ducts, together with such telemetry and fibre optic lines, jointing bays, ducting and other apparatus, protection and safety measures and equipment which is ancillary to the purposes of transmitting electricity along such electrical cables (which collectively shall be referred to as the “cables”);
2–7 (b) enter and be upon the land and remain with or without plant, vehicles, vessels, machinery, apparatus and equipment which is ancillary to the purposes of transmitting electricity along the cables;
2–7 (c) retain and use the cables for the purpose of the transmission of telecommunications and electricity;
2–7 (d) pass and repass with or without vehicles, plant, equipment, materials and machinery for the purposes of constructing, laying down, installing, adjusting, altering, using, maintaining, repairing, renewing, upgrading, inspecting, removing and replacing the cables;
2–7 (e) place and use plant, machinery and temporary structures within the land for the installation, construction, maintenance, repairing, renewing, upgrading, inspecting, removal and replacing of the cables;
2–7 (f) lay down, use, repair, alter and remove hard standings for the purposes of allowing access;
2–7 (g) lay out temporary permissive paths for public use;
2–7 (h) install, alter, re-lay, maintain, protect, adjust or remove pipes, cables, conduit or apparatus (including the pipes, cables, conduits or apparatus of statutory undertakers); and
2–7 (i) alter, lop, uproot and replant trees, shrubs and hedges for the purposes of enabling the right to pass and repass.
10 11 13 15 44–51 70–73 99 100–102 107 108–110 117 117A 117B 133 185 186 205 205A 210 212 214 231 232 235–237 243 257–259 268 385 391 398 401 436 437 439 441 448 465 The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised project and to— The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised project and to—
10 11 13 15 44–51 70–73 99 100–102 107 108–110 117 117A 117B 133 185 186 205 205A 210 212 214 231 232 235–237 243 257–259 268 385 391 398 401 436 437 439 441 448 465 (a) pass and repass with or without vehicles, plant, equipment, materials and machinery to access adjoining land for the purposes of laying, installing, adjusting, altering, constructing, using, maintaining, repairing, renewing, upgrading, inspecting, removing and replacing the cables;
10 11 13 15 44–51 70–73 99 100–102 107 108–110 117 117A 117B 133 185 186 205 205A 210 212 214 231 232 235–237 243 257–259 268 385 391 398 401 436 437 439 441 448 465 (b) lay down, use, repair, alter and remove hard standings for the purposes of access to adjoining land;
10 11 13 15 44–51 70–73 99 100–102 107 108–110 117 117A 117B 133 185 186 205 205A 210 212 214 231 232 235–237 243 257–259 268 385 391 398 401 436 437 439 441 448 465 (c) erect temporary supporting or protective structures (including the bridging over of or protection of the apparatus of the statutory undertakers) for the purposes of access to adjoining land;
10 11 13 15 44–51 70–73 99 100–102 107 108–110 117 117A 117B 133 185 186 205 205A 210 212 214 231 232 235–237 243 257–259 268 385 391 398 401 436 437 439 441 448 465 (d) alter, lop, uproot and replant trees, shrubs and hedges for the purposes of enabling the right to pass and repass to adjoining land;
10 11 13 15 44–51 70–73 99 100–102 107 108–110 117 117A 117B 133 185 186 205 205A 210 212 214 231 232 235–237 243 257–259 268 385 391 398 401 436 437 439 441 448 465 (e) lay out temporary permissive paths for public use;
10 11 13 15 44–51 70–73 99 100–102 107 108–110 117 117A 117B 133 185 186 205 205A 210 212 214 231 232 235–237 243 257–259 268 385 391 398 401 436 437 439 441 448 465 (f) effect access to the highway;
10 11 13 15 44–51 70–73 99 100–102 107 108–110 117 117A 117B 133 185 186 205 205A 210 212 214 231 232 235–237 243 257–259 268 385 391 398 401 436 437 439 441 448 465 (g) straighten, widen, repair, alter, upgrade and use existing access routes for the purposes of accessing adjoining land;
10 11 13 15 44–51 70–73 99 100–102 107 108–110 117 117A 117B 133 185 186 205 205A 210 212 214 231 232 235–237 243 257–259 268 385 391 398 401 436 437 439 441 448 465 (h) remove fences, hedges or other barriers during any period during which construction, upgrading, improvement, renewal or removal are being carried or for the exercise of the power to access the cables (subject to the prior erection of any temporary stock proof fencing as is reasonably required and the replacement or re-instatement of the fences, hedges or other barriers following the exercise of the rights); and
10 11 13 15 44–51 70–73 99 100–102 107 108–110 117 117A 117B 133 185 186 205 205A 210 212 214 231 232 235–237 243 257–259 268 385 391 398 401 436 437 439 441 448 465 (i) install, use, inspect, modify, improve, maintain, adjust, repair, replace, extend, test, cleanse and remove temporary or permanent drainage and manage waterflows in existing drains, watercourses and culverts.
60–63 67 118–131 191–194 196 249 370 371 377 382 394 1. The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised project and to— 1. The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised project and to—
60–63 67 118–131 191–194 196 249 370 371 377 382 394 (a) enter and remain on the sub-soil of the land to construct, lay, install, adjust, alter, use, maintain, repair, renew, upgrade, inspect, remove and replace the cables;
60–63 67 118–131 191–194 196 249 370 371 377 382 394 (b) retain and use the cables for the purpose of the transmission of telecommunications and electricity;
60–63 67 118–131 191–194 196 249 370 371 377 382 394 (c) install, alter, re-lay, maintain, protect, adjust or remove pipes, cables, conduits or apparatus (including the pipes, cables, conduits or apparatus of statutory undertakers);
60–63 67 118–131 191–194 196 249 370 371 377 382 394 (d) uproot and replant trees, shrubs and hedges which may interfere with the cables;
60–63 67 118–131 191–194 196 249 370 371 377 382 394 (e) pass and repass with or without vehicles, plant, equipment, materials and machinery for the purposes of uprooting and replanting trees, shrubs, and hedges which may interfere with the cables;
60–63 67 118–131 191–194 196 249 370 371 377 382 394 (f) construct, lay down, use and remove temporary hardstanding for the purposes of permitting access to uproot and replant trees, shrubs and hedges which may interfere with the cables;
60–63 67 118–131 191–194 196 249 370 371 377 382 394 (g) lay out temporary permissive paths for public use;
60–63 67 118–131 191–194 196 249 370 371 377 382 394 (h) install, use, inspect, modify, improve, maintain, adjust, repair, replace, extend, test, cleanse and remove temporary or permanent drainage and manage waterflows in existing drains, watercourses and culverts;
60–63 67 118–131 191–194 196 249 370 371 377 382 394 (i) maintain cable marker posts to identify the location of the cables; and
60–63 67 118–131 191–194 196 249 370 371 377 382 394 (j) carry out environmental mitigation and/or enhancement works.
60–63 67 118–131 191–194 196 249 370 371 377 382 394 2. A restrictive covenant over the land for the benefit of the remainder of the Order land to— 2. A restrictive covenant over the land for the benefit of the remainder of the Order land to—
60–63 67 118–131 191–194 196 249 370 371 377 382 394 (a) prevent anything to be done in or upon the Order land or any part thereof for the purpose of the erection of any buildings or construction erection or works of any kind (including the foundations or footings thereto);
60–63 67 118–131 191–194 196 249 370 371 377 382 394 (b) prevent anything to be done by way of hard surfacing of the Order land with concrete of any kind or with any other material or surface whatsoever without the consent in writing of the Undertaker (such consent not to be unreasonably withheld or delayed if the proposed surfacing would not cause damage to relevant part of the authorised project nor make it materially more difficult or expensive to maintain the authorised project);
60–63 67 118–131 191–194 196 249 370 371 377 382 394 (c) prevent anything to be done by way of excavation of any kind in the Order land nor any activities which increase or decrease ground cover or soil levels in any manner whatsoever without the consent in writing of the Undertaker save as are reasonably required for agricultural activities or are required to be carried out by National Grid in order to exercise their rights in relation to their apparatus within the Order land;
60–63 67 118–131 191–194 196 249 370 371 377 382 394 (d) prevent the planting or growing within the Order land of any trees, shrubs or underwood without the consent in writing of the Undertaker (such consent not to be unreasonably withheld or delayed provided that the proposed trees, shrubs or underwood would not cause damage to the relevant part of the authorised project nor make it materially more difficult or expensive to access the relevant part of the authorised project).
20 22 24 26–43 52–56 79–93 103–106 135–141 145–150 154–158 163 167–175 181–184 199–204 213 216, 217 227–228 230 233 234 238–239 241–242 251 253–256 260–267 269–271 292 296–297 300 304–312 316 320–331 339–340 343–348 354 357–358 360 362–366 383 413–414 416–418 422–426 428–431 434 438 442 444–446 1. The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised project and to— 1. The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised project and to—
20 22 24 26–43 52–56 79–93 103–106 135–141 145–150 154–158 163 167–175 181–184 199–204 213 216, 217 227–228 230 233 234 238–239 241–242 251 253–256 260–267 269–271 292 296–297 300 304–312 316 320–331 339–340 343–348 354 357–358 360 362–366 383 413–414 416–418 422–426 428–431 434 438 442 444–446 (a) construct, lay and install by way of drilling and/or trenching, adjust, alter, use, maintain, repair, replace, renew, upgrade, inspect and remove the cables;
20 22 24 26–43 52–56 79–93 103–106 135–141 145–150 154–158 163 167–175 181–184 199–204 213 216, 217 227–228 230 233 234 238–239 241–242 251 253–256 260–267 269–271 292 296–297 300 304–312 316 320–331 339–340 343–348 354 357–358 360 362–366 383 413–414 416–418 422–426 428–431 434 438 442 444–446 (b) install, use, inspect, modify, improve, maintain, adjust, repair, extend, test, cleanse, and remove temporary or permanent drainage and manage waterflows in existing drains, watercourses and culverts;
20 22 24 26–43 52–56 79–93 103–106 135–141 145–150 154–158 163 167–175 181–184 199–204 213 216, 217 227–228 230 233 234 238–239 241–242 251 253–256 260–267 269–271 292 296–297 300 304–312 316 320–331 339–340 343–348 354 357–358 360 362–366 383 413–414 416–418 422–426 428–431 434 438 442 444–446 (c) pass and repass, with or without vehicles, plant, equipment, materials and machinery for the purposes of constructing, laying, installing, adjusting, altering, using, maintaining, repairing, replacing, renewing, upgrading, inspecting and removing the cables;
20 22 24 26–43 52–56 79–93 103–106 135–141 145–150 154–158 163 167–175 181–184 199–204 213 216, 217 227–228 230 233 234 238–239 241–242 251 253–256 260–267 269–271 292 296–297 300 304–312 316 320–331 339–340 343–348 354 357–358 360 362–366 383 413–414 416–418 422–426 428–431 434 438 442 444–446 (d) lay down, use, repair, alter and remove hardstanding for the purposes of constructing, laying, installing, adjusting, altering, using, maintaining, repairing, replacing, renewing, upgrading, inspecting and removing the cables;
20 22 24 26–43 52–56 79–93 103–106 135–141 145–150 154–158 163 167–175 181–184 199–204 213 216, 217 227–228 230 233 234 238–239 241–242 251 253–256 260–267 269–271 292 296–297 300 304–312 316 320–331 339–340 343–348 354 357–358 360 362–366 383 413–414 416–418 422–426 428–431 434 438 442 444–446 (e) enter and be upon the land and remain with or without plant, vehicles, machinery, apparatus and equipment which is ancillary to the purposes of transmitting electricity and telecommunications along the cables;
20 22 24 26–43 52–56 79–93 103–106 135–141 145–150 154–158 163 167–175 181–184 199–204 213 216, 217 227–228 230 233 234 238–239 241–242 251 253–256 260–267 269–271 292 296–297 300 304–312 316 320–331 339–340 343–348 354 357–358 360 362–366 383 413–414 416–418 422–426 428–431 434 438 442 444–446 (f) retain and use the cables for the purpose of the transmission of telecommunications and electricity;
20 22 24 26–43 52–56 79–93 103–106 135–141 145–150 154–158 163 167–175 181–184 199–204 213 216, 217 227–228 230 233 234 238–239 241–242 251 253–256 260–267 269–271 292 296–297 300 304–312 316 320–331 339–340 343–348 354 357–358 360 362–366 383 413–414 416–418 422–426 428–431 434 438 442 444–446 (g) place and use plant, machinery and temporary structures within the land for the installation, construction, maintenance, repairing, renewing, upgrading, inspecting, removal and replacing of the cables;
20 22 24 26–43 52–56 79–93 103–106 135–141 145–150 154–158 163 167–175 181–184 199–204 213 216, 217 227–228 230 233 234 238–239 241–242 251 253–256 260–267 269–271 292 296–297 300 304–312 316 320–331 339–340 343–348 354 357–358 360 362–366 383 413–414 416–418 422–426 428–431 434 438 442 444–446 (h) install and maintain cable marker posts to identify the location of the cables, manhole covers and kiosks as required for routine integrity testing;
20 22 24 26–43 52–56 79–93 103–106 135–141 145–150 154–158 163 167–175 181–184 199–204 213 216, 217 227–228 230 233 234 238–239 241–242 251 253–256 260–267 269–271 292 296–297 300 304–312 316 320–331 339–340 343–348 354 357–358 360 362–366 383 413–414 416–418 422–426 428–431 434 438 442 444–446 (i) store and stockpile materials (including excavated material) within the Order land;
20 22 24 26–43 52–56 79–93 103–106 135–141 145–150 154–158 163 167–175 181–184 199–204 213 216, 217 227–228 230 233 234 238–239 241–242 251 253–256 260–267 269–271 292 296–297 300 304–312 316 320–331 339–340 343–348 354 357–358 360 362–366 383 413–414 416–418 422–426 428–431 434 438 442 444–446 (j) remove fences within the land during any period during which construction, maintenance, repair or renewal are being carried out (subject to the prior erection of any temporary stock proof fencing as is reasonably required and the replacement of the original fences following the exercise of the rights);
20 22 24 26–43 52–56 79–93 103–106 135–141 145–150 154–158 163 167–175 181–184 199–204 213 216, 217 227–228 230 233 234 238–239 241–242 251 253–256 260–267 269–271 292 296–297 300 304–312 316 320–331 339–340 343–348 354 357–358 360 362–366 383 413–414 416–418 422–426 428–431 434 438 442 444–446 (k) install, alter, re-lay, maintain, protect, adjust or remove pipes, cables, conduits or apparatus (including the pipes, cables, conduits or apparatus of statutory undertakers);
20 22 24 26–43 52–56 79–93 103–106 135–141 145–150 154–158 163 167–175 181–184 199–204 213 216, 217 227–228 230 233 234 238–239 241–242 251 253–256 260–267 269–271 292 296–297 300 304–312 316 320–331 339–340 343–348 354 357–358 360 362–366 383 413–414 416–418 422–426 428–431 434 438 442 444–446 (l) works to lop, fell, cut or coppice trees or remove roots of trees or hedges or shrubs;
20 22 24 26–43 52–56 79–93 103–106 135–141 145–150 154–158 163 167–175 181–184 199–204 213 216, 217 227–228 230 233 234 238–239 241–242 251 253–256 260–267 269–271 292 296–297 300 304–312 316 320–331 339–340 343–348 354 357–358 360 362–366 383 413–414 416–418 422–426 428–431 434 438 442 444–446 (m) lay out temporary permissive paths for public use;
20 22 24 26–43 52–56 79–93 103–106 135–141 145–150 154–158 163 167–175 181–184 199–204 213 216, 217 227–228 230 233 234 238–239 241–242 251 253–256 260–267 269–271 292 296–297 300 304–312 316 320–331 339–340 343–348 354 357–358 360 362–366 383 413–414 416–418 422–426 428–431 434 438 442 444–446 (n) remove archaeological artefacts where they would prevent or cause it to be materially more difficult or expensive to construct, lay, install, adjust, alter, use, maintain, repair, replace, renew, upgrade, inspect or remove the cables;
20 22 24 26–43 52–56 79–93 103–106 135–141 145–150 154–158 163 167–175 181–184 199–204 213 216, 217 227–228 230 233 234 238–239 241–242 251 253–256 260–267 269–271 292 296–297 300 304–312 316 320–331 339–340 343–348 354 357–358 360 362–366 383 413–414 416–418 422–426 428–431 434 438 442 444–446 (o) carry out environmental mitigation and/or enhancement works; and
20 22 24 26–43 52–56 79–93 103–106 135–141 145–150 154–158 163 167–175 181–184 199–204 213 216, 217 227–228 230 233 234 238–239 241–242 251 253–256 260–267 269–271 292 296–297 300 304–312 316 320–331 339–340 343–348 354 357–358 360 362–366 383 413–414 416–418 422–426 428–431 434 438 442 444–446 (p) install, construct, use and remove temporary welfare facilities during any periods of maintenance, repair, replacement, renewal, upgrade and removal of the cables.
20 22 24 26–43 52–56 79–93 103–106 135–141 145–150 154–158 163 167–175 181–184 199–204 213 216, 217 227–228 230 233 234 238–239 241–242 251 253–256 260–267 269–271 292 296–297 300 304–312 316 320–331 339–340 343–348 354 357–358 360 362–366 383 413–414 416–418 422–426 428–431 434 438 442 444–446 2. A restrictive covenant over the land for the benefit of the remainder of the Order land to— 2. A restrictive covenant over the land for the benefit of the remainder of the Order land to—
20 22 24 26–43 52–56 79–93 103–106 135–141 145–150 154–158 163 167–175 181–184 199–204 213 216, 217 227–228 230 233 234 238–239 241–242 251 253–256 260–267 269–271 292 296–297 300 304–312 316 320–331 339–340 343–348 354 357–358 360 362–366 383 413–414 416–418 422–426 428–431 434 438 442 444–446 (a) prevent anything to be done in or upon the Order land or any part thereof for the purpose of the erection of any buildings or construction erection or works of any kind (including the foundations or footings thereto);
20 22 24 26–43 52–56 79–93 103–106 135–141 145–150 154–158 163 167–175 181–184 199–204 213 216, 217 227–228 230 233 234 238–239 241–242 251 253–256 260–267 269–271 292 296–297 300 304–312 316 320–331 339–340 343–348 354 357–358 360 362–366 383 413–414 416–418 422–426 428–431 434 438 442 444–446 (b) prevent anything to be done by way of hard surfacing of the Order land with concrete of any kind or with any other material or surface whatsoever without the consent in writing of the undertakers (such consent not to be unreasonably withheld or delayed if the proposed surfacing would not cause damage to relevant part of the authorised project nor make it materially more difficult or expensive to maintain the authorised project);
20 22 24 26–43 52–56 79–93 103–106 135–141 145–150 154–158 163 167–175 181–184 199–204 213 216, 217 227–228 230 233 234 238–239 241–242 251 253–256 260–267 269–271 292 296–297 300 304–312 316 320–331 339–340 343–348 354 357–358 360 362–366 383 413–414 416–418 422–426 428–431 434 438 442 444–446 (c) prevent anything to be done by way of excavation of any kind in the Order land nor any activities which increase or decrease ground cover or soil levels in any manner whatsoever without the consent in writing of the undertakers save as are reasonably required for agricultural activities or are required to be carried out by National Grid in order to exercise their rights in relation to their apparatus within the Order land;
20 22 24 26–43 52–56 79–93 103–106 135–141 145–150 154–158 163 167–175 181–184 199–204 213 216, 217 227–228 230 233 234 238–239 241–242 251 253–256 260–267 269–271 292 296–297 300 304–312 316 320–331 339–340 343–348 354 357–358 360 362–366 383 413–414 416–418 422–426 428–431 434 438 442 444–446 (d) prevent the planting or growing within the Order land of any trees, shrubs or underwood without the consent in writing of the undertakers (such consent not to be unreasonably withheld or delayed provided that the proposed trees, shrubs or underwood would not cause damage to the relevant part of the authorised project nor make it materially more difficult or expensive to access the relevant part of the authorised project).
8–9 17 57–59 68–69 76–78 111–116 132 134 187–189 195 198 244–245 250 252 367–369 384 392 396–397 435 440 1. The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised project and to— 1. The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised project and to—
8–9 17 57–59 68–69 76–78 111–116 132 134 187–189 195 198 244–245 250 252 367–369 384 392 396–397 435 440 (a) construct, lay and install by way of horizontal directional drilling and/or trenching, adjust, alter, use, maintain, repair, replace, renew, upgrade, inspect and remove the cables;
8–9 17 57–59 68–69 76–78 111–116 132 134 187–189 195 198 244–245 250 252 367–369 384 392 396–397 435 440 (b) install, use, inspect, modify, improve, maintain, adjust, repair, extend, test, cleanse, and remove temporary or permanent drainage and manage waterflows in existing drains, watercourses and culverts;
8–9 17 57–59 68–69 76–78 111–116 132 134 187–189 195 198 244–245 250 252 367–369 384 392 396–397 435 440 (c) pass and repass, with or without vehicles, plant, equipment, materials and machinery for the purposes of constructing, laying, installing, adjusting, altering, using, maintaining, repairing, replacing, renewing, upgrading, inspecting and removing the cables;
8–9 17 57–59 68–69 76–78 111–116 132 134 187–189 195 198 244–245 250 252 367–369 384 392 396–397 435 440 (d) lay down, use, repair, alter and remove hardstanding for the purposes of constructing, laying, installing, adjusting, altering, using, maintaining, repairing, replacing, renewing, upgrading, inspecting and removing the cables;
8–9 17 57–59 68–69 76–78 111–116 132 134 187–189 195 198 244–245 250 252 367–369 384 392 396–397 435 440 (e) enter and be upon the land and remain with or without plant, vehicles, machinery, apparatus and equipment which is ancillary to the purposes of transmitting electricity and telecommunications along the cables;
8–9 17 57–59 68–69 76–78 111–116 132 134 187–189 195 198 244–245 250 252 367–369 384 392 396–397 435 440 (f) retain and use the cables for the purpose of the transmission of telecommunications and electricity;
8–9 17 57–59 68–69 76–78 111–116 132 134 187–189 195 198 244–245 250 252 367–369 384 392 396–397 435 440 (g) place and use plant, machinery and temporary structures within the land for the installation, construction, maintenance, repairing, renewing, upgrading, inspecting, removal and replacing of the cables;
8–9 17 57–59 68–69 76–78 111–116 132 134 187–189 195 198 244–245 250 252 367–369 384 392 396–397 435 440 (h) install and maintain cable marker posts to identify the location of the cables, manhole covers and kiosks as required for routine integrity testing;
8–9 17 57–59 68–69 76–78 111–116 132 134 187–189 195 198 244–245 250 252 367–369 384 392 396–397 435 440 (i) store and stockpile materials (including excavated material) within the Order land;
8–9 17 57–59 68–69 76–78 111–116 132 134 187–189 195 198 244–245 250 252 367–369 384 392 396–397 435 440 (j) remove fences within the land during any period during which construction, maintenance, repair or renewal are being carried out (subject to the prior erection of any temporary stock proof fencing as is reasonably required and the replacement of the original fences following the exercise of the rights);
8–9 17 57–59 68–69 76–78 111–116 132 134 187–189 195 198 244–245 250 252 367–369 384 392 396–397 435 440 (k) install, alter, re-lay, maintain, protect, adjust or remove pipes, cables, conduits or apparatus (including the pipes, cables, conduits or apparatus of statutory undertakers);
8–9 17 57–59 68–69 76–78 111–116 132 134 187–189 195 198 244–245 250 252 367–369 384 392 396–397 435 440 (l) works to lop, fell, cut or coppice trees or remove roots of trees or hedges or shrubs;
8–9 17 57–59 68–69 76–78 111–116 132 134 187–189 195 198 244–245 250 252 367–369 384 392 396–397 435 440 (m) lay out temporary permissive paths for public use;
8–9 17 57–59 68–69 76–78 111–116 132 134 187–189 195 198 244–245 250 252 367–369 384 392 396–397 435 440 (n) remove archaeological artefacts where they would prevent or cause it to be materially more difficult or expensive to construct, lay, install, adjust, alter, use, maintain, repair, replace, renew, upgrade, inspect or remove the cables;
8–9 17 57–59 68–69 76–78 111–116 132 134 187–189 195 198 244–245 250 252 367–369 384 392 396–397 435 440 (o) carry out environmental mitigation and/or enhancement works; and
8–9 17 57–59 68–69 76–78 111–116 132 134 187–189 195 198 244–245 250 252 367–369 384 392 396–397 435 440 (p) install, construct, use and remove temporary welfare facilities during any periods of maintenance, repair, replacement, renewal, upgrade and removal of the cables.
8–9 17 57–59 68–69 76–78 111–116 132 134 187–189 195 198 244–245 250 252 367–369 384 392 396–397 435 440 2. A restrictive covenant over the land for the benefit of the remainder of the Order land to— 2. A restrictive covenant over the land for the benefit of the remainder of the Order land to—
8–9 17 57–59 68–69 76–78 111–116 132 134 187–189 195 198 244–245 250 252 367–369 384 392 396–397 435 440 (a) prevent anything to be done in or upon the Order land or any part thereof for the purpose of the erection of any buildings or construction erection or works of any kind (including the foundations or footings thereto);
8–9 17 57–59 68–69 76–78 111–116 132 134 187–189 195 198 244–245 250 252 367–369 384 392 396–397 435 440 (b) prevent anything to be done by way of hard surfacing of the Order land with concrete of any kind or with any other material or surface whatsoever without the consent in writing of the Undertaker (such consent not to be unreasonably withheld or delayed if the proposed surfacing would not cause damage to relevant part of the authorised project nor make it materially more difficult or expensive to maintain the authorised project);
8–9 17 57–59 68–69 76–78 111–116 132 134 187–189 195 198 244–245 250 252 367–369 384 392 396–397 435 440 (c) prevent anything to be done by way of excavation of any kind in the Order land nor any activities which increase or decrease ground cover or soil levels in any manner whatsoever without the consent in writing of the Undertaker save as are reasonably required for agricultural activities or are required to be carried out by National Grid in order to exercise their rights in relation to their apparatus within the Order land;
8–9 17 57–59 68–69 76–78 111–116 132 134 187–189 195 198 244–245 250 252 367–369 384 392 396–397 435 440 (d) prevent the planting or growing within the Order land of any trees, shrubs or underwood without the consent in writing of the Undertaker (such consent not to be unreasonably withheld or delayed provided that the proposed trees, shrubs or underwood would not cause damage to the relevant part of the authorised project nor make it materially more difficult or expensive to access the relevant part of the authorised project).
18 97 143 160 165 177 179 215 219 247–248 273 294 298 302 314 318 333 337 350–353 355–356 359 389 404–407 415 427 433 464 466–471 The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised project and to— The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised project and to—
18 97 143 160 165 177 179 215 219 247–248 273 294 298 302 314 318 333 337 350–353 355–356 359 389 404–407 415 427 433 464 466–471 (a) construct, lay, install, adjust, alter, use maintain, repair, replace renew, upgrade, inspect and remove the cables by way of drilling and/or trenching;
18 97 143 160 165 177 179 215 219 247–248 273 294 298 302 314 318 333 337 350–353 355–356 359 389 404–407 415 427 433 464 466–471 (b) install, use, inspect, modify, improve, maintain, adjust, repair, replace, extend, test, cleanse and remove temporary or permanent drainage and manage waterflows in existing drains, watercourses and culverts;
18 97 143 160 165 177 179 215 219 247–248 273 294 298 302 314 318 333 337 350–353 355–356 359 389 404–407 415 427 433 464 466–471 (c) pass and repass with or without vehicles, plant, equipment, materials and machinery for the purposes of constructing, laying, installing, adjusting, altering, using, maintaining, repairing, replacing, renewing, upgrading, inspecting and removing the cables;
18 97 143 160 165 177 179 215 219 247–248 273 294 298 302 314 318 333 337 350–353 355–356 359 389 404–407 415 427 433 464 466–471 (d) enter and be upon the land and remain with or without plant, vehicles, machinery, apparatus and equipment which is ancillary to the purposes of transmitting electricity along the cables;
18 97 143 160 165 177 179 215 219 247–248 273 294 298 302 314 318 333 337 350–353 355–356 359 389 404–407 415 427 433 464 466–471 (e) retain and use the cables for the purpose of the transmission of telecommunications and electricity;
18 97 143 160 165 177 179 215 219 247–248 273 294 298 302 314 318 333 337 350–353 355–356 359 389 404–407 415 427 433 464 466–471 (f) install and maintain cable marker posts to identify the location of the cables;
18 97 143 160 165 177 179 215 219 247–248 273 294 298 302 314 318 333 337 350–353 355–356 359 389 404–407 415 427 433 464 466–471 (g) lop fell, cut or coppice trees, or remove roots of trees or hedges or shrubs;
18 97 143 160 165 177 179 215 219 247–248 273 294 298 302 314 318 333 337 350–353 355–356 359 389 404–407 415 427 433 464 466–471 (h) lay out temporary permissive paths for public use;
18 97 143 160 165 177 179 215 219 247–248 273 294 298 302 314 318 333 337 350–353 355–356 359 389 404–407 415 427 433 464 466–471 (i) remove fences within the land during any period during which construction, maintenance, repair or renewal are being carried out (subject to the prior erection of any temporary stock proof fencing as is reasonably required and the replacement of the original fences following the exercise of the rights);
18 97 143 160 165 177 179 215 219 247–248 273 294 298 302 314 318 333 337 350–353 355–356 359 389 404–407 415 427 433 464 466–471 (j) carry out environmental mitigation and/or enhancement works; and
18 97 143 160 165 177 179 215 219 247–248 273 294 298 302 314 318 333 337 350–353 355–356 359 389 404–407 415 427 433 464 466–471 (k) lay down, use, repair, alter and remove temporary hardstanding for the purposes of constructing, laying, installing, adjusting, altering, using, maintaining, repairing, replacing, renewing, upgrading, inspecting and removing the cables, except where this may interfere with the operation of an adopted highway.
19 96 98 142 144 159 161 164 166 176 178 180 206–209 211 216A 218 220 222–223 293 295 299 303 313 315 317 319 332 334 335 338 349 387 390 432 449 1. The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised project and to— 1. The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised project and to—
19 96 98 142 144 159 161 164 166 176 178 180 206–209 211 216A 218 220 222–223 293 295 299 303 313 315 317 319 332 334 335 338 349 387 390 432 449 (a) construct, lay and install by way of drilling and/or trenching, adjust, alter, use, maintain, repair, replace, renew, upgrade, inspect and remove the cables;
19 96 98 142 144 159 161 164 166 176 178 180 206–209 211 216A 218 220 222–223 293 295 299 303 313 315 317 319 332 334 335 338 349 387 390 432 449 (b) install, use, inspect, modify, improve, maintain, adjust, repair, extend, test, cleanse, and remove temporary or permanent drainage and manage waterflows in existing drains, watercourses and culverts;
19 96 98 142 144 159 161 164 166 176 178 180 206–209 211 216A 218 220 222–223 293 295 299 303 313 315 317 319 332 334 335 338 349 387 390 432 449 (c) pass and repass with or without vehicles, plant, equipment, materials and machinery for the purposes of constructing, laying, installing, adjusting, altering, using, maintaining, repairing, replacing, renewing, upgrading, inspecting and removing the cables;
19 96 98 142 144 159 161 164 166 176 178 180 206–209 211 216A 218 220 222–223 293 295 299 303 313 315 317 319 332 334 335 338 349 387 390 432 449 (d) lay down, use, repair, alter and remove hardstanding for the purposes of constructing, laying, installing, adjusting, altering, using, maintaining, repairing, replacing, renewing, upgrading, inspecting and removing the cables;
19 96 98 142 144 159 161 164 166 176 178 180 206–209 211 216A 218 220 222–223 293 295 299 303 313 315 317 319 332 334 335 338 349 387 390 432 449 (e) enter and be upon the land and remain with or without plant, vehicles, machinery, apparatus and equipment which is ancillary to the purposes of transmitting electricity along the cables;
19 96 98 142 144 159 161 164 166 176 178 180 206–209 211 216A 218 220 222–223 293 295 299 303 313 315 317 319 332 334 335 338 349 387 390 432 449 (f) retain and use the cables for the purpose of the transmission of telecommunications and electricity;
19 96 98 142 144 159 161 164 166 176 178 180 206–209 211 216A 218 220 222–223 293 295 299 303 313 315 317 319 332 334 335 338 349 387 390 432 449 (g) place and use plant, machinery and temporary structures within the land for the installation, construction, maintenance, repairing, renewing, upgrading, inspecting, removal and replacing of the cables;
19 96 98 142 144 159 161 164 166 176 178 180 206–209 211 216A 218 220 222–223 293 295 299 303 313 315 317 319 332 334 335 338 349 387 390 432 449 (h) effect access to the highway;
19 96 98 142 144 159 161 164 166 176 178 180 206–209 211 216A 218 220 222–223 293 295 299 303 313 315 317 319 332 334 335 338 349 387 390 432 449 (i) install and maintain cable marker posts to identify the location of the cables, manhole covers and kiosks as required for routine integrity testing;
19 96 98 142 144 159 161 164 166 176 178 180 206–209 211 216A 218 220 222–223 293 295 299 303 313 315 317 319 332 334 335 338 349 387 390 432 449 (j) store and stockpile materials (including excavated material) within the Order land;
19 96 98 142 144 159 161 164 166 176 178 180 206–209 211 216A 218 220 222–223 293 295 299 303 313 315 317 319 332 334 335 338 349 387 390 432 449 (k) remove fences within the land during any period during which construction, maintenance, repair or renewal are being carried out (subject to the prior erection of any temporary stock proof fencing as is reasonably required and the replacement of the original fences following the exercise of the rights);
19 96 98 142 144 159 161 164 166 176 178 180 206–209 211 216A 218 220 222–223 293 295 299 303 313 315 317 319 332 334 335 338 349 387 390 432 449 (l) install, alter, re-lay, maintain, protect, adjust or remove pipes, cables, conduits or apparatus (including the pipes, cables, conduits or apparatus of statutory undertakers);
19 96 98 142 144 159 161 164 166 176 178 180 206–209 211 216A 218 220 222–223 293 295 299 303 313 315 317 319 332 334 335 338 349 387 390 432 449 (m) works to lop, fell, cut or coppice trees or remove roots of trees or hedges or shrubs;
19 96 98 142 144 159 161 164 166 176 178 180 206–209 211 216A 218 220 222–223 293 295 299 303 313 315 317 319 332 334 335 338 349 387 390 432 449 (n) lay out temporary permissive paths for public use;
19 96 98 142 144 159 161 164 166 176 178 180 206–209 211 216A 218 220 222–223 293 295 299 303 313 315 317 319 332 334 335 338 349 387 390 432 449 (o) remove archaeological artefacts where they would prevent or cause it to be materially more difficult or expensive to construct, lay, install, adjust, alter, use, maintain, repair, replace, renew, upgrade, inspect or remove the cables;
19 96 98 142 144 159 161 164 166 176 178 180 206–209 211 216A 218 220 222–223 293 295 299 303 313 315 317 319 332 334 335 338 349 387 390 432 449 (p) carry out environmental mitigation and/or enhancement works; and
19 96 98 142 144 159 161 164 166 176 178 180 206–209 211 216A 218 220 222–223 293 295 299 303 313 315 317 319 332 334 335 338 349 387 390 432 449 (q) install, construct, use and remove temporary welfare facilities during any periods of maintenance, repair, replacement, renewal, upgrade and removal of the cables.
19 96 98 142 144 159 161 164 166 176 178 180 206–209 211 216A 218 220 222–223 293 295 299 303 313 315 317 319 332 334 335 338 349 387 390 432 449 2. A restrictive covenant over the land for the benefit of the remainder of the Order land to— 2. A restrictive covenant over the land for the benefit of the remainder of the Order land to—
19 96 98 142 144 159 161 164 166 176 178 180 206–209 211 216A 218 220 222–223 293 295 299 303 313 315 317 319 332 334 335 338 349 387 390 432 449 (a) prevent anything to be done in or upon the Order land or any part thereof for the purpose of the erection of any buildings or construction erection or works of any kind (including the foundations or footings thereto);
19 96 98 142 144 159 161 164 166 176 178 180 206–209 211 216A 218 220 222–223 293 295 299 303 313 315 317 319 332 334 335 338 349 387 390 432 449 (b) prevent anything to be done by way of hard surfacing of the Order land with concrete of any kind or with any other material or surface whatsoever without the consent in writing of the Undertaker (such consent not to be unreasonably withheld or delayed if the proposed surfacing would not cause damage to relevant part of the authorised project nor make it materially more difficult or expensive to maintain the authorised project);
19 96 98 142 144 159 161 164 166 176 178 180 206–209 211 216A 218 220 222–223 293 295 299 303 313 315 317 319 332 334 335 338 349 387 390 432 449 (c) prevent anything to be done by way of excavation of any kind in the Order land nor any activities which increase or decrease ground cover or soil levels in any manner whatsoever without the consent in writing of the Undertaker save as are reasonably required for agricultural activities or are required to be carried out by National Grid in order to exercise their rights in relation to their apparatus within the Order land;
19 96 98 142 144 159 161 164 166 176 178 180 206–209 211 216A 218 220 222–223 293 295 299 303 313 315 317 319 332 334 335 338 349 387 390 432 449 (d) prevent the planting or growing within the Order land of any trees, shrubs or underwood without the consent in writing of the Undertaker (such consent not to be unreasonably withheld or delayed provided that the proposed trees, shrubs or underwood would not cause damage to the relevant part of the authorised project nor make it materially more difficult or expensive to access the relevant part of the authorised project).
64–66 190 197 246 372–376 378–379 393 395 The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised project and to— The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised project and to—
64–66 190 197 246 372–376 378–379 393 395 (a) enter and remain on the sub-soil of the land to construct, lay, install, adjust, alter, use, maintain, repair, replace, renew upgrade, inspect and remove the cables;
64–66 190 197 246 372–376 378–379 393 395 (b) retain and use the cables for the purpose of the transmission of telecommunications and electricity;
64–66 190 197 246 372–376 378–379 393 395 (c) install, alter, re-lay, maintain, protect, adjust or remove pipes, cables, conduits or apparatus (including the pipes, cables, conduits or apparatus of statutory undertakers);
64–66 190 197 246 372–376 378–379 393 395 (d) uproot and replant trees, shrubs and hedges which may interfere with the cables;
64–66 190 197 246 372–376 378–379 393 395 (e) pass and repass with or without vehicles, plant, equipment, materials and machinery for the purposes of uprooting and replanting trees, shrubs, and hedges which may interfere with the cables;
64–66 190 197 246 372–376 378–379 393 395 (f) install, use, inspect, modify, improve, maintain, adjust, repair, replace, extend, test, cleanse and remove temporary or permanent drainage and manage waterflows in existing drains, watercourses and culverts; and
64–66 190 197 246 372–376 378–379 393 395 (g) maintain cable marker posts to identify the location of the cables.
279 283–286 288 291 399–400 402 410–412 1. The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised project and to— 1. The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised project and to—
279 283–286 288 291 399–400 402 410–412 (a) construct, lay and install by way of horizontal directional drilling and/or other form of drilling and/or trenching, adjust, alter, use, maintain, repair, replace, renew, upgrade, inspect and remove the cables;
279 283–286 288 291 399–400 402 410–412 (b) install, use, inspect, modify, improve, maintain, adjust, repair, extend, test, cleanse, and remove temporary or permanent drainage and manage waterflows in existing drains, watercourses and culverts;
279 283–286 288 291 399–400 402 410–412 (c) pass and repass, with or without vehicles, plant, equipment, materials and machinery for the purposes of constructing, laying, installing, adjusting, altering, using, maintaining, repairing, replacing, renewing, upgrading, inspecting and removing the cables;
279 283–286 288 291 399–400 402 410–412 (d) lay down, use, repair, alter and remove hardstanding for the purposes of constructing, laying, installing, adjusting, altering, using, maintaining, repairing, replacing, renewing, upgrading, inspecting and removing the cables;
279 283–286 288 291 399–400 402 410–412 (e) enter and be upon the land and remain with or without plant, vehicles, machinery, apparatus and equipment which is ancillary to the purposes of transmitting electricity and telecommunications along the cables;
279 283–286 288 291 399–400 402 410–412 (f) retain and use the cables for the purpose of the transmission of telecommunications and electricity;
279 283–286 288 291 399–400 402 410–412 (g) place and use plant, machinery and temporary structures within the land for the installation, construction, maintenance, repairing, renewing, upgrading, inspecting, removal and replacing of the cables;
279 283–286 288 291 399–400 402 410–412 (h) install and maintain cable marker posts to identify the location of the cables, manhole covers and kiosks as required for routine integrity testing;
279 283–286 288 291 399–400 402 410–412 (i) store and stockpile materials (including excavated material) within the Order land;
279 283–286 288 291 399–400 402 410–412 (j) remove fences within the land during any period during which construction, maintenance, repair or renewal are being carried out (subject to the prior erection of any temporary stock proof fencing as is reasonably required and the replacement of the original fences following the exercise of the rights);
279 283–286 288 291 399–400 402 410–412 (k) install, alter, re-lay, maintain, protect, adjust or remove pipes, cables, conduits or apparatus (including the pipes, cables, conduits or apparatus of statutory undertakers);
279 283–286 288 291 399–400 402 410–412 (l) works to lop, fell, cut or coppice trees or remove roots of trees or hedges or shrubs;
279 283–286 288 291 399–400 402 410–412 (m) lay out temporary permissive paths for public use;
279 283–286 288 291 399–400 402 410–412 (n) remove archaeological artefacts where they would prevent or cause it to be materially more difficult or expensive to construct, lay, install, adjust, alter, use, maintain, repair, replace, renew, upgrade, inspect or remove the cables;
279 283–286 288 291 399–400 402 410–412 (o) carry out environmental mitigation and/or enhancement works; and
279 283–286 288 291 399–400 402 410–412 (p) install, construct, use and remove temporary welfare facilities during any periods of maintenance, repair, replacement, renewal, upgrade and removal of the cables.
279 283–286 288 291 399–400 402 410–412 2. A restrictive covenant over the land for the benefit of the remainder of the Order land to— 2. A restrictive covenant over the land for the benefit of the remainder of the Order land to—
279 283–286 288 291 399–400 402 410–412 (a) prevent anything to be done in or upon the Order land or any part thereof for the purpose of the erection of any buildings or construction erection or works of any kind (including the foundations or footings thereto);
279 283–286 288 291 399–400 402 410–412 (b) prevent anything to be done by way of hard surfacing of the Order land with concrete of any kind or with any other material or surface whatsoever without the consent in writing of the Undertaker (such consent not to be unreasonably withheld or delayed if the proposed surfacing would not cause damage to relevant part of the authorised project nor make it materially more difficult or expensive to maintain the authorised project);
279 283–286 288 291 399–400 402 410–412 (c) prevent anything to be done by way of excavation of any kind in the Order land nor any activities which increase or decrease ground cover or soil levels in any manner whatsoever without the consent in writing of the Undertaker save as are reasonably required for agricultural activities or are required to be carried out by National Grid in order to exercise their rights in relation to their apparatus within the Order land;
279 283–286 288 291 399–400 402 410–412 (d) prevent the planting or growing within the Order land of any trees, shrubs or underwood without the consent in writing of the Undertaker (such consent not to be unreasonably withheld or delayed provided that the proposed trees, shrubs or underwood would not cause damage to the relevant part of the authorised project nor make it materially more difficult or expensive to access the relevant part of the authorised project).
272 275 403 408–409 1. The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised project and to— 1. The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised project and to—
272 275 403 408–409 (a) construct, lay and install by way of horizontal directional drilling and/or other form of drilling and/or trenching, adjust, alter, use, maintain, repair, replace, renew, upgrade, inspect and remove the cables;
272 275 403 408–409 (b) install, use, inspect, modify, improve, maintain, adjust, repair, extend, test, cleanse, and remove temporary or permanent drainage and manage waterflows in existing drains, watercourses and culverts;
272 275 403 408–409 (c) pass and repass, with or without vehicles, plant, equipment, materials and machinery for the purposes of constructing, laying, installing, adjusting, altering, using, maintaining, repairing, replacing, renewing, upgrading, inspecting and removing the cables;
272 275 403 408–409 (d) lay down, use, repair, alter and remove hardstanding for the purposes of constructing, laying, installing, adjusting, altering, using, maintaining, repairing, replacing, renewing, upgrading, inspecting and removing the cables;
272 275 403 408–409 (e) enter and be upon the land and remain with or without plant, vehicles, machinery, apparatus and equipment which is ancillary to the purposes of transmitting electricity and telecommunications along the cables;
272 275 403 408–409 (f) retain and use the cables for the purpose of the transmission of telecommunications and electricity;
272 275 403 408–409 (g) place and use plant, machinery and temporary structures within the land for the installation, construction, maintenance, repairing, renewing, upgrading, inspecting, removal and replacing of the cables;
272 275 403 408–409 (h) effect access to the highway;
272 275 403 408–409 (i) install and maintain cable marker posts to identify the location of the cables, manhole covers and kiosks as required for routine integrity testing;
272 275 403 408–409 (j) store and stockpile materials (including excavated material) within the Order land;
272 275 403 408–409 (k) remove fences within the land during any period during which construction, maintenance, repair or renewal are being carried out (subject to the prior erection of any temporary stock proof fencing as is reasonably required and the replacement of the original fences following the exercise of the rights);
272 275 403 408–409 (l) install, alter, re-lay, maintain, protect, adjust or remove pipes, cables, conduits or apparatus (including the pipes, cables, conduits or apparatus of statutory undertakers);
272 275 403 408–409 (m) works to lop, fell, cut or coppice trees or remove roots of trees or hedges or shrubs;
272 275 403 408–409 (n) lay out temporary permissive paths for public use;
272 275 403 408–409 (o) remove archaeological artefacts where they would prevent or cause it to be materially more difficult or expensive to construct, lay, install, adjust, alter, use, maintain, repair, replace, renew, upgrade, inspect or remove the cables;
272 275 403 408–409 (p) carry out environmental mitigation and/or enhancement works; and
272 275 403 408–409 (q) install, construct, use and remove temporary welfare facilities during any periods of maintenance, repair, replacement, renewal, upgrade and removal of the cables.
272 275 403 408–409 2. A restrictive covenant over the land for the benefit of the remainder of the Order land to— 2. A restrictive covenant over the land for the benefit of the remainder of the Order land to—
272 275 403 408–409 (a) prevent anything to be done in or upon the Order land or any part thereof for the purpose of the erection of any buildings or construction erection or works of any kind (including the foundations or footings thereto);
272 275 403 408–409 (b) prevent anything to be done by way of hard surfacing of the Order land with concrete of any kind or with any other material or surface whatsoever without the consent in writing of the Undertaker (such consent not to be unreasonably withheld or delayed if the proposed surfacing would not cause damage to relevant part of the authorised project nor make it materially more difficult or expensive to maintain the authorised project);
272 275 403 408–409 (c) prevent anything to be done by way of excavation of any kind in the Order land nor any activities which increase or decrease ground cover or soil levels in any manner whatsoever without the consent in writing of the Undertaker save as are reasonably required for agricultural activities or are required to be carried out by National Grid in order to exercise their rights in relation to their apparatus within the Order land;
272 275 403 408–409 (d) prevent the planting or growing within the Order land of any trees, shrubs or underwood without the consent in writing of the Undertaker (such consent not to be unreasonably withheld or delayed provided that the proposed trees, shrubs or underwood would not cause damage to the relevant part of the authorised project nor make it materially more difficult or expensive to access the relevant part of the authorised project).
278 281–282 287 289–290 1. The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised project and to— 1. The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised project and to—
278 281–282 287 289–290 (a) construct, lay and install by way of horizontal directional drilling and/or other form of drilling, adjust, alter, use, maintain, repair, replace, renew, upgrade, inspect and remove the cables;
278 281–282 287 289–290 (b) install, use, inspect, modify, improve, maintain, adjust, repair, extend, test, cleanse, and remove temporary or permanent drainage and manage waterflows in existing drains, watercourses and culverts;
278 281–282 287 289–290 (c) pass and repass, with or without vehicles, plant, equipment, materials and machinery for the purposes of constructing, laying, installing, adjusting, altering, using, maintaining, repairing, replacing, renewing, upgrading, inspecting and removing the cables;
278 281–282 287 289–290 (d) lay down, use, repair, alter and remove hardstanding for the purposes of constructing, laying, installing, adjusting, altering, using, maintaining, repairing, replacing, renewing, upgrading, inspecting and removing the cables;
278 281–282 287 289–290 (e) enter and be upon the land and remain with or without plant, vehicles, machinery, apparatus and equipment which is ancillary to the purposes of transmitting electricity and telecommunications along the cables;
278 281–282 287 289–290 (f) retain and use the cables for the purpose of the transmission of telecommunications and electricity;
278 281–282 287 289–290 (g) place and use plant, machinery and temporary structures within the land for the installation, construction, maintenance, repairing, renewing, upgrading, inspecting, removal and replacing of the cables;
278 281–282 287 289–290 (h) install and maintain cable marker posts to identify the location of the cables, manhole covers and kiosks as required for routine integrity testing;
278 281–282 287 289–290 (i) store and stockpile materials (including excavated material) within the Order land;
278 281–282 287 289–290 (j) remove fences within the land during any period during which construction, maintenance, repair or renewal are being carried out (subject to the prior erection of any temporary stock proof fencing as is reasonably required and the replacement of the original fences following the exercise of the rights);
278 281–282 287 289–290 (k) install, alter, re-lay, maintain, protect, adjust or remove pipes, cables, conduits or apparatus (including the pipes, cables, conduits or apparatus of statutory undertakers);
278 281–282 287 289–290 (l) works to lop, fell, cut or coppice trees or remove roots of trees or hedges or shrubs;
278 281–282 287 289–290 (m) lay out temporary permissive paths for public use;
278 281–282 287 289–290 (n) remove archaeological artefacts where they would prevent or cause it to be materially more difficult or expensive to construct, lay, install, adjust, alter, use, maintain, repair, replace, renew, upgrade, inspect or remove the cables;
278 281–282 287 289–290 (o) carry out environmental mitigation and/or enhancement works; and
278 281–282 287 289–290 (p) install, construct, use and remove temporary welfare facilities during any periods of maintenance, repair, replacement, renewal, upgrade and removal of the cables.
278 281–282 287 289–290 2. A restrictive covenant over the land for the benefit of the remainder of the Order land to— 2. A restrictive covenant over the land for the benefit of the remainder of the Order land to—
278 281–282 287 289–290 (a) prevent anything to be done in or upon the Order land or any part thereof for the purpose of the erection of any buildings or construction erection or works of any kind (including the foundations or footings thereto);
278 281–282 287 289–290 (b) prevent anything to be done by way of hard surfacing of the Order land with concrete of any kind or with any other material or surface whatsoever without the consent in writing of the Undertaker (such consent not to be unreasonably withheld or delayed if the proposed surfacing would not cause damage to relevant part of the authorised project nor make it materially more difficult or expensive to maintain the authorised project);
278 281–282 287 289–290 (c) prevent anything to be done by way of excavation of any kind in the Order land nor any activities which increase or decrease ground cover or soil levels in any manner whatsoever without the consent in writing of the Undertaker save as are reasonably required for agricultural activities or are required to be carried out by National Grid in order to exercise their rights in relation to their apparatus within the Order land;
278 281–282 287 289–290 (d) prevent the planting or growing within the Order land of any trees, shrubs or underwood without the consent in writing of the Undertaker (such consent not to be unreasonably withheld or delayed provided that the proposed trees, shrubs or underwood would not cause damage to the relevant part of the authorised project nor make it materially more difficult or expensive to access the relevant part of the authorised project).
274 276–277 280 1. The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised project and to— 1. The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised project and to—
274 276–277 280 (a) construct, lay and install by way of horizontal directional drilling and/or other form of drilling, adjust, alter, use, maintain, repair, replace, renew, upgrade, inspect and remove the cables;
274 276–277 280 (b) install, use, inspect, modify, improve, maintain, adjust, repair, extend, test, cleanse, and remove temporary or permanent drainage and manage waterflows in existing drains, watercourses and culverts;
274 276–277 280 (c) pass and repass, with or without vehicles, plant, equipment, materials and machinery for the purposes of constructing, laying, installing, adjusting, altering, using, maintaining, repairing, replacing, renewing, upgrading, inspecting and removing the cables;
274 276–277 280 (d) lay down, use, repair, alter and remove hardstanding for the purposes of constructing, laying, installing, adjusting, altering, using, maintaining, repairing, replacing, renewing, upgrading, inspecting and removing the cables;
274 276–277 280 (e) enter and be upon the land and remain with or without plant, vehicles, machinery, apparatus and equipment which is ancillary to the purposes of transmitting electricity and telecommunications along the cables;
274 276–277 280 (f) retain and use the cables for the purpose of the transmission of telecommunications and electricity;
274 276–277 280 (g) place and use plant, machinery and temporary structures within the land for the installation, construction, maintenance, repairing, renewing, upgrading, inspecting, removal and replacing of the cables;
274 276–277 280 (h) effect access to the highway;
274 276–277 280 (i) install and maintain cable marker posts to identify the location of the cables, manhole covers and kiosks as required for routine integrity testing;
274 276–277 280 (j) store and stockpile materials (including excavated material) within the Order land;
274 276–277 280 (k) remove fences within the land during any period during which construction, maintenance, repair or renewal are being carried out (subject to the prior erection of any temporary stock proof fencing as is reasonably required and the replacement of the original fences following the exercise of the rights);
274 276–277 280 (l) install, alter, re-lay, maintain, protect, adjust or remove pipes, cables, conduits or apparatus (including the pipes, cables, conduits or apparatus of statutory undertakers);
274 276–277 280 (m) works to lop, fell, cut or coppice trees or remove roots of trees or hedges or shrubs;
274 276–277 280 (n) lay out temporary permissive paths for public use;
274 276–277 280 (o) remove archaeological artefacts where they would prevent or cause it to be materially more difficult or expensive to construct, lay, install, adjust, alter, use, maintain, repair, replace, renew, upgrade, inspect or remove the cables;
274 276–277 280 (p) carry out environmental mitigation and/or enhancement works; and
274 276–277 280 (q) install, construct, use and remove temporary welfare facilities during any periods of maintenance, repair, replacement, renewal, upgrade and removal of the cables.
274 276–277 280 2. A restrictive covenant over the land for the benefit of the remainder of the Order land to— 2. A restrictive covenant over the land for the benefit of the remainder of the Order land to—
274 276–277 280 (a) prevent anything to be done in or upon the Order land or any part thereof for the purpose of the erection of any buildings or construction erection or works of any kind (including the foundations or footings thereto);
274 276–277 280 (b) prevent anything to be done by way of hard surfacing of the Order land with concrete of any kind or with any other material or surface whatsoever without the consent in writing of the Undertaker (such consent not to be unreasonably withheld or delayed if the proposed surfacing would not cause damage to relevant part of the authorised project nor make it materially more difficult or expensive to maintain the authorised project);
274 276–277 280 (c) prevent anything to be done by way of excavation of any kind in the Order land nor any activities which increase or decrease ground cover or soil levels in any manner whatsoever without the consent in writing of the Undertaker save as are reasonably required for agricultural activities or are required to be carried out by National Grid in order to exercise their rights in relation to their apparatus within the Order land;
274 276–277 280 (d) prevent the planting or growing within the Order land of any trees, shrubs or underwood without the consent in writing of the Undertaker (such consent not to be unreasonably withheld or delayed provided that the proposed trees, shrubs or underwood would not cause damage to the relevant part of the authorised project nor make it materially more difficult or expensive to access the relevant part of the authorised project).

SCHEDULE 7 — Modification of compensation and compulsory purchase enactments for creation of new rights

Compensation enactments

1

The enactments for the time being in force with respect to compensation for the compulsory purchase of land shall apply, with the necessary modifications as respects compensation, in the case of a compulsory acquisition under this Order of a right by the creation of a new right or the imposition of a restrictive covenant as they apply as respects compensation on the compulsory purchase of land and interests in land.

2

  • (1) Without prejudice to the generality of paragraph 1, the Land Compensation Act 1973[^f00023] shall have effect subject to the modifications set out in sub-paragraphs (2) and (3).
  • (2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 of the 1965 Act as substituted by paragraph 4—
  • (a) for the words “land is acquired or taken” there shall be substituted the words “a right or restrictive covenant over land is purchased from or imposed on”; and
  • (b) for the words “acquired or taken from him” there shall be substituted the words “over which the right is exercisable or the restrictive covenant enforceable”.
  • (3) In section 58(1) (determination of material detriment where part of house etc. proposed for compulsory acquisition), as it applies to determinations under section 8 of the 1965 Act as substituted by paragraph 5—
  • (a) for the word “part” in paragraphs (a) and (b) there shall be substituted the words “a right over or restrictive covenant affecting land consisting”;
  • (b) for the word “severance” there shall be substituted the words “right or restrictive covenant over or affecting the whole of the house, building or manufactory or of the house and the park or garden”;
  • (c) for the words “part proposed” there shall be substituted the words “right or restrictive covenant proposed”; and
  • (d) for the words “part is” there shall be substituted the words “right or restrictive covenant is”.

Application of the 1965 Act

3

  • (1) The 1965 Act shall have effect with the modifications necessary to make it apply to the compulsory acquisition under this Order of a right by the creation of a new right, or to the imposition under this Order of a restrictive covenant, as it applies to the compulsory acquisition under this Order of land, so that, in appropriate contexts, references in that Act to land are read (according to the requirements of the particular context) as referring to, or as including references to—
  • (a) the right acquired or to be acquired; or
  • (b) the land over which the right is or is to be exercisable.
  • (2) Without prejudice to the generality of sub-paragraph (1), Part 1 of the 1965 Act shall apply in relation to the compulsory acquisition under this Order of a right by the creation of a new right with the modifications specified in the following provisions of this Schedule.

4

For section 7 of the 1965 Act (measure of compensation) there shall be substituted the following section—

(7) In assessing the compensation to be paid by the acquiring authority under this Act, regard shall be had not only to the extent (if any) to which the value of the land over which the right is to be acquired or the restrictive covenant is to be imposed is depreciated by the acquisition of the right or the imposition of the covenant but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.

5

For section 8 of the 1965 Act (provisions as to divided land) there shall be substituted the following section—

(8) (1) Where in consequence of the service on a person under section 5 of this Act of a notice to treat in respect of a right over land consisting of a house, building or manufactory or of a park or garden belonging to a house (“the relevant land”)— (a) a question of disputed compensation in respect of the purchase of the right or the imposition of the restrictive covenant would apart from this section fall to be determined by the Upper Tribunal (“the tribunal”); and (b) before the tribunal has determined that question the tribunal is satisfied that the person has an interest in the whole of the relevant land and is able and willing to sell that land and— (i) where that land consists of a house, building or manufactory, that the right cannot be purchased or the restrictive covenant imposed without material detriment to that land; or (ii) where that land consists of such a park or garden, that the right cannot be purchased or the restrictive covenant imposed without seriously affecting the amenity or convenience of the house to which that land belongs, the East Anglia ONE Offshore Wind Farm Order 2014[^f00024] (“the Order”) shall, in relation to that person, cease to authorise the purchase of the right and be deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of such a park or garden, the house to which it belongs, and the notice is deemed to have been served in respect of that interest on such date as the tribunal directs. (2) Any question as to the extent of the land in which the Order is deemed to authorise the purchase of an interest by virtue of subsection (1) shall be determined by the tribunal. (3) Where in consequence of a determination of the tribunal that it is satisfied as mentioned in subsection (1) the Order is deemed by virtue of that subsection to authorise the purchase of an interest in land, the acquiring authority may, at any time within the period of 6 weeks beginning with the date of the determination, withdraw the notice to treat in consequence of which the determination was made; but nothing in this subsection prejudices any other power of the authority to withdraw the notice.

6

The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say—

  • (a) section 9(4) (failure by owners to convey);
  • (b) paragraph 10(3) of Schedule 1 (owners under incapacity);
  • (c) paragraph 2(3) of Schedule 2 (absent and untraced owners); and
  • (d) paragraphs 2(3) and 7(2) of Schedule 4 (common land),

shall be so modified as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired or the restrictive covenant which is to be imposed is vested absolutely in the acquiring authority.

7

Section 11 of the 1965 Act (powers of entry) shall be so modified as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant (which is deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on warrant in the event of obstruction) of the 1965 Act shall be modified correspondingly.

8

Section 20 of the 1965 Act (protection for interests of tenants at will, etc.) shall apply with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right or the enforcement of the restrictive covenant in question.

9

Section 22 of the 1965 Act (protection of acquiring authority’s possession where by inadvertence an estate, right or interest has not been got in) shall be so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired, subject to compliance with that section as respects compensation.

SCHEDULE 8 — Land of which temporary possession may be taken

(1) (2) (3) (4)
Area Number of land shown on land plan Purpose for which temporary possession may be taken Relevant part of the authorised project
County of Suffolk District of Suffolk Coastal 2–8 17 18–20 22 24 26–43 52–69 76–93 96–98 103–106 111–116 118–132 134–150 154–161 163–184 187–204 206–213 215–220 222 223 227–230 233–234 238–256 260–267 269–300 302–340 343–345 347 Construction and carrying out of the authorised project; worksites for construction and the carrying out of the authorised project; access for carrying out the authorised project. 3B, 4, 5, 7A, 7B, 9, 10a, 11, 14, 15, 18, 19, 21, 23A, 24, 25A, 26, 27, 28A, 29, 30A, 31
County of Suffolk District of Suffolk Coastal 8 17 57–59 94 95 151 152 153 221 224 226 229 231–232 240 301 336 Construction compound; access for carrying out the authorised project. 3B and 4, 7B, 10B, 16, 17, 23B, 23C, 28B, 30B
County of Suffolk District of Suffolk Coastal 9–11 13 15 44–51 70–73 99–102 107 108–110 117 117A 117B 133 185–186 201–204 205–205A 210 212 214 235–237 247 257–259 268 Laying of hardstandings and improvements to tracks; access for carrying out the authorised project. 3C, 6, 8, 12, 13, 20, 21A, 22A, 22B, 24A, 25B, 25C
County of Suffolk District of Mid Suffolk 346–360 362–379 382–387 389 390 392–397 399 400 402–418 422–435 438 440 442 444–445A 449 464–471 Construction and carrying out of the authorised project; worksites for construction and the carrying out of the authorised project; access for carrying out the authorised project. 32, 33A, 34A, 35A, 36, 37A, 37D, 38
County of Suffolk District of Mid Suffolk 369 385 391 398 401 405 407 409 410 441 447–448 Laying of hardstandings and improvements to tracks; access for carrying out the authorised project. 33 B, 33C, 35B, 35C, 35D, 39A, 41
County of Suffolk District of Mid Suffolk 384 386 388 436–437 439 443 446 Construction compound; access for carrying out the authorised project. 34B, 37B, 37C, 37E

SCHEDULE 9 — Protective provisions

PART 1 — Protection for electricity, gas, water and sewerage undertakers

1

For the protection of the undertakers referred to in this part of this Schedule the following provisions shall, unless otherwise agreed in writing between the undertakers and the affected undertaking concerned, have effect.

2

In this part of this Schedule—

  • “affected undertakers” means— any licence holder within the meaning of Part 1 of the Electricity Act 1989[^f00025]; a gas transporter within the meaning of Part 1 of the Gas Act 1986[^f00026]; a water undertakers within the meaning of the Water Industry Act 1991[^f00027]; and a sewerage undertakers within the meaning of Part 1 of the Water Industry Act 1991, for the area of the authorised development, and in relation to any apparatus, means the undertakers to whom it belongs or by whom it is maintained;
  • “alternative apparatus” means alternative apparatus adequate to enable the affected undertakers in question to fulfil its statutory functions in a manner not less efficient than previously;
  • “apparatus” means— in the case of an electricity undertakers, electric lines or electrical plant (as defined in the Electricity Act 1989), belonging to or maintained by that affected undertakers; in the case of a gas undertakers, any mains, pipes or other apparatus belonging to or maintained by a gas transporter for the purposes of gas supply; in the case of a water undertakers, mains, pipes or other apparatus belonging to or maintained by that affected undertakers for the purposes of water supply; and in the case of a sewerage undertakers— any drain or works vested in the affected undertakers under the Water Industry Act 1991; and any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) of that Act or an agreement to adopt made under section 104 of that Act, and includes a sludge main, disposal main (within the meaning of section 219 of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works, and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;
  • “functions” includes powers and duties; and
  • “in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over or upon land.

3

This part of this Schedule does not apply to apparatus in respect of which the relations between the undertakers and the affected undertakers are regulated by the provisions of Part 3 of the 1991 Act.

4

Regardless of any provision in this Order or anything shown on the land plans, the undertakers shall not acquire any apparatus otherwise than by agreement.

5

  • (1) If, in the exercise of the powers conferred by this Order, the undertakers acquires any interest in any land in which any apparatus is placed, that apparatus shall not be removed under this part of this Schedule and any right of an affected undertakers to maintain that apparatus in that land shall not be extinguished until alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the affected undertakers in question.
  • (2) If, for the purpose of executing any works in, on or under any land purchased, held, or used under this Order, the undertakers requires the removal of any apparatus placed in that land, it shall give to the affected undertakers in question written notice of that requirement, together with a plan and section of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order an affected undertakers reasonably needs to remove any of its apparatus) the undertakers shall, subject to sub-paragraph (3), afford to the affected undertakers the necessary facilities and rights for the construction of alternative apparatus in other land of the undertakers and subsequently for the maintenance of that apparatus.
  • (3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertakers, or the undertakers is unable to afford such facilities and rights as are mentioned in sub-paragraph (2), in the land in which the alternative apparatus or part of such apparatus is to be constructed, the affected undertakers in question shall, on receipt of a written notice to that effect from the undertakers, as soon as reasonably possible use all reasonable endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed.
  • (4) Any alternative apparatus to be constructed in land of the undertakers under this part of this Schedule shall be constructed in such manner and in such line or situation as may be agreed between the affected undertakers in question and the undertakers or in default of agreement settled by arbitration in accordance with article 33 (arbitration).
  • (5) The affected undertakers in question shall, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 33 (arbitration), and after the grant to the affected undertakers of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertakers to be removed under the provisions of this part of this Schedule.
  • (6) Regardless of anything in sub-paragraph (5), if the undertakers gives notice in writing to the affected undertakers in question that it desires itself to execute any work, or part of any work in connection with the construction or removal of apparatus in any land controlled by the undertakers, that work, instead of being executed by the affected undertakers, shall be executed by the undertakers without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the affected undertakers.
  • (7) Nothing in sub-paragraph (6) shall authorise the undertakers to execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or execute any filling around the apparatus (where the apparatus is laid in a trench) within 300 millimetres of the apparatus.

6

  • (1) Where, in accordance with the provisions of this part of this Schedule, the undertakers affords to an affected undertakers facilities and rights for the construction and maintenance in land of the undertakers of alternative apparatus in substitution for apparatus to be removed, those facilities and rights shall be granted upon such terms and conditions as may be agreed between the undertakers and the affected undertakers in question or in default of agreement settled by arbitration in accordance with article 33 (arbitration).
  • (2) If the facilities and rights to be afforded by the undertakers in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to the affected undertakers in question than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator shall make such provision for the payment of compensation by the undertakers to that affected undertakers as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

7

  • (1) Not less than 28 days before starting the execution of any works of the type referred to in paragraph 5(2) that are near to, or will or may affect, any apparatus the removal of which has not been required by the undertakers under paragraph 5(2), the undertakers shall submit to the affected undertakers in question a plan, section and description of the works to be executed.
  • (2) Those works shall be executed only in accordance with the plan, section and description submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by the affected undertakers for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the affected undertakers shall be entitled to watch and inspect the execution of those works.
  • (3) Any requirements made by an affected undertakers under sub-paragraph (2) shall be made within a period of 21 days beginning with the date on which a plan, section and description under sub-paragraph (1) are submitted to it.
  • (4) If an affected undertakers in accordance with sub-paragraph (3) and in consequence of the works proposed by the undertakers, reasonably requires the removal of any apparatus and gives written notice to the undertakers of that requirement, paragraphs 1 to 6 shall apply as if the removal of the apparatus had been required by the undertakers under paragraph 5(2).
  • (5) Nothing in this paragraph shall preclude the undertakers from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any works, a new plan, section and description instead of the plan, section and description previously submitted, and having done so the provisions of this paragraph shall apply to and in respect of the new plan, section and description.
  • (6) The undertakers shall not be required to comply with sub-paragraph (1) in a case of emergency but in that case it shall give to the affected undertakers in question notice as soon as is reasonably practicable and a plan, section and description of those works as soon as reasonably practicable subsequently and shall comply with sub-paragraph (2) in so far as is reasonably practicable in the circumstances.

8

  • (1) Subject to the following provisions of this paragraph, the undertakers shall repay to an affected undertakers the reasonable expenses incurred by that affected undertakers in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any new apparatus (including costs or compensation payable in connection with the acquisition of land for that purpose) which may be required in consequence of the execution of any such works as are referred to in paragraph 5(2).
  • (2) There shall be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this part of this Schedule, that value being calculated after removal.
  • (3) If in accordance with the provisions of this part of this Schedule—
  • (a) apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or
  • (b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertakers or, in default of agreement, is not determined by arbitration in accordance with article 33 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the affected undertakers in question by virtue of sub-paragraph (1) shall be reduced by the amount of that excess.

  • (4) For the purposes of sub-paragraph (3)—
  • (a) an extension of apparatus to a length greater than the length of existing apparatus shall not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and
  • (b) where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole shall be treated as if it also had been agreed or had been so determined.
  • (5) An amount which apart from this sub-paragraph would be payable to an affected undertakers in respect of works by virtue of sub-paragraph (1) shall, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the affected undertakers any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

9

  • (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any such works referred to in paragraph 5(2), any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of an affected undertakers, or there is any interruption in any service provided, or in the supply of any goods, by any affected undertakers, the undertakers shall—
  • (a) bear and pay the cost reasonably incurred by that affected undertakers in making good such damage or restoring the supply; and
  • (b) make reasonable compensation to that affected undertakers for any other expenses, loss, damages, penalty or costs incurred by the affected undertakers,

by reason or in consequence of any such damage or interruption.

  • (2) Nothing in sub-paragraph (1) shall impose any liability on the undertakers with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of an affected undertakers, its officers, servants, contractors or agents.
  • (3) An affected undertakers shall give the undertakers reasonable notice of any such claim or demand and no settlement or compromise shall be made without the consent of the undertakers which, if it withholds such consent, shall have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

10

Nothing in this part of this Schedule shall affect the provisions of any enactment or agreement regulating the relations between the undertakers and an affected undertakers in respect of any apparatus laid or erected in land belonging to the undertakers on the date on which this Order is made.

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