The Daventry International Rail Freight Interchange Alteration Order 2014

• (2) The authorised development must be carried out in accordance with the details in the BREEAM Pre-Assessment Report (or equivalent) and a certificate must be provided within 3 months of completion or occupation (whichever is the sooner) of each warehouse confirming that the measures in respect of that warehouse committed to within the Pre-Assessment Report have been implemented.

Lorry Park

18

• (1) Prior to commencement of construction of the lorry park a management plan for its operation (which is to be for the benefit only of occupiers of the authorised development unless otherwise agreed by the undertaker) must be submitted to and approved by the relevant planning authority. The management plan must include details (approved under requirements 3 (phases of development), 6 and 7 (detailed design approval)) of the phases of its construction; the layout and landscaping of the parking areas; any noise mitigation measures; and details of a register to be kept to record all vehicles using the lorry park. The lorry park must subsequently be retained for the duration of the use of the authorised development and must be laid out and operated in accordance with the approved management plan as approved from time to time.

• (2) The management plan may be subject to alteration by prior approval in writing by the relevant planning authority.

Flood Risk and Surface Water Drainage

19

No part of the authorised development which encroaches upon the existing floodplain of the Clifton Brook Tributary, except the flood management works required to facilitate or mitigate the weir removal project (item (d) of Works No. 5), is to be brought into use until the completion of the weir removal project.

20

The proposed Clifton Brook Tributary Flood Storage Scheme is to be constructed as part of the authorised development in advance of the removal of the A5 weir element of the weir removal project unless another mitigation option approved by the Environment Agency has already been implemented. The proposed Flood Storage Scheme must comprise the construction of a flood storage bund and flow control structure across the full width of the floodplain at Lilbourne Meadows. The bund must be set to a level of 95.5m AOD and tie into the lorry park, which must be set at a minimum level of 95.5m AOD. The details of the proposed Flood Storage Scheme must accord with the agreement reached with the Environment Agency and consented under section 23 (prohibition on obstructions etc. in watercourses) of the Land Drainage Act 1991²³ with consent number UT201100216 or any varied consents issued or variation to the works agreed in writing by the Environment Agency or the lead local flood authority.

21

The authorised development must be carried out in accordance with the mitigation measures detailed within Section 6 of the Flood Risk Assessment submitted with the application at appendix E2 of the environmental statement (Document 6.2) or be carried out in accordance with any variation to the those mitigation measures agreed in writing by the Environment Agency, the lead local flood authority or the approving body under Schedule 3 (sustainable drainage) to the Flood and Water Management Act 2010²⁴.

22

The rail embankment within the floodplain to the west of the A5 (Works No. 2(a)) must not be commenced until the detailed design of the Clifton Brook rail embankment crossing structure has been submitted to, and approved in writing by, the relevant planning authority. The elements of the authorised development which encroach or impact upon the Clifton Brook Tributary must not be commenced until such time as the detail of the relevant bridging structure and flow control structure have been submitted to and approved in writing by the relevant planning authority. The details must also include:

• (a) the Clifton Brook Tributary flow control structure, which must be constructed in accordance with the details shown within the Flood Defence Consent UT201100216 or other details agreed in writing by the relevant planning authority;

• (b) the 3 bridges (bridleway, footbridge and maintenance) over the Clifton Brook Tributary; except for the footbridge over the flow control structure these must be clear span bank top to bank top structures and must be constructed in accordance with the details shown in Documents 2.11A, 2.11B and 2.11C or other details agreed in writing by the relevant planning authority;

• (c) the Clifton Brook rail embankment crossing which must be a clear span structure (Armco arch or similar) with the soffit level above the channel set a minimum of 600 millimetres above the 1:100yr plus 20% (for climate change) flood level; and

• (d) the access bridge over the Clifton Brook which must be a clear span bank top to bank top structure in accordance with the details shown on Document 2.11D or other means of access to be agreed in writing by the relevant planning authority.

23

No phase of the authorised development is to commence until a surface water drainage scheme for that phase based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development in accordance with the Surface Water Drainage Strategy submitted with the application at appendix E1 of the environmental statement (Document 6.2) has been submitted to and approved in writing by the relevant planning authority or in accordance with such other approval process that may be prescribed under the Flood and Water Management Act 2010. The scheme must include:

• (a) provision for limiting the surface water run-off generated by all rainfall events up to the 1:100 year plus 20% (for climate change) critical rain storm so that it will not exceed the run-off from the undeveloped site and not increase the risk of flooding off-site;

• (b) provision of surface water run-off attenuation storage to accommodate the difference between the allowable discharge rates and all rainfall events up to the 1:100 year plus 20% (for climate change) critical rain storm;

• (c) detailed design (plans, cross sections and calculations) in support of any surface water drainage scheme, including details of any attenuation system, and the outfall arrangements; and

• (d) details of how the scheme is to be maintained and managed after completion.

24

Prior to the commencement of any element of the authorised development which directly affects a watercourse or floodplain, a construction working method statement for such element to cover all works in, over under or within 8 metres of the top of the bank of either watercourse or their floodplains must be submitted to and agreed in writing by the relevant planning authority. Thereafter the development must be carried out in accordance with the approved scheme and any subsequent amendments agreed in writing with the relevant planning authority.

25

Any element of the authorised development which directly affects any floodplain must not be commenced until a floodplain compensation scheme has been submitted to and approved in writing by the relevant planning authority. Except for the floodplain compensation scheme itself no above ground part of the authorised development in any floodplain may be commenced until the relevant compensation scheme has been implemented in full. The scheme shall be fully implemented and subsequently maintained in accordance with the timing and phasing arrangements embodied within the scheme or within any other period as may subsequently be agreed in writing by the relevant planning authority.

Foul Water Drainage

26

Prior to the commencement of the authorised development, excluding earthworks, archaeology works or ecological mitigation works, a foul water drainage strategy must be submitted to and approved in writing by the relevant planning authority. Except where it is constructed in accordance with the approved foul water drainage strategy, no phase of the authorised development is to commence until written details of the foul water drainage system have been submitted to and approved in writing by the relevant planning authority. Such details must be implemented as approved from time to time by the relevant planning authority.

Construction Hours

27

• (1) Subject to sub-paragraph (2) construction and demolition works (which for the purposes of this requirement exclude archaeological investigations, landscaping works and any non-intrusive internal fit-out works but include start up and shut down and deliveries) must not take place other than between 07:30 and 19:00 hours on weekdays and 08:00 and 13:00 hours on Saturdays, excluding public holidays, unless otherwise agreed in writing by the relevant planning authority. Outside the above periods the following working is permitted—

• (a) pre-planned construction works to highway or rail infrastructure requiring possessions where first notified to the relevant planning authority and local residents;

• (b) emergency works; and

• (c) works which do not cause noise that is audible at the boundary of the Order limits.

• (2) Regardless of sub-paragraph (1) no piling operations are to take place after 18:00 hours unless otherwise agreed by the relevant planning authority.

• (3) Any emergency works carried out under paragraph (1)(b) must be notified to the relevant planning authority within 72 hours of their commencement.

Construction Noise

28

• (1) For normal daytime construction and demolition works carried out on weekdays between 07:30 and 19:00 hours and on Saturdays between 08:00 and 13:00 hours, the noise level measured at a noise sensitive receptor must not exceed Leq, 12hour 75 dB(A) wherever practicable. Where this is not practicable prior consent under section 61 of the Control of Pollution Act 1974²⁵ must be obtained.

• (2) Measurements of construction and demolition noise must be undertaken in accordance with BS 5228:2009 – “Code of Practice for Noise and vibration control on construction and open sites” (Part 1 – Noise) at a noise sensitive receptor. Noise levels must be measured weekly during the stages of construction including ground works, piling, road and rail construction stages unless complaints are received in which case the procedures in requirement 31 (monitoring of complaints) must be followed.

• (3) Subject to health and safety requirements, broadband reversing alarms must be employed on mobile plant.

Construction Vibration

29

Unless otherwise agreed in writing by the relevant planning authority all construction works must comply with the guideline vibration limits below. Measurements must be undertaken at any occupied building within or outside of the Order limits within a distance of 25 metres from piling or any works likely to cause elevated levels of ground borne vibration to ensure compliance with the guideline limits. Measurements must be undertaken in accordance with BS 5228:2009 – “Code of Practice for Noise and vibration control on construction and open sites (Part 2 – Vibration)” and BS7385:1993 – “Evaluation and measurement for vibration in buildings (Part 2 – Guide to damage levels from ground-borne vibration)”.

Type of Building	Peak Particle Velocity (mms⁻¹) – Day (07:00 to 23:00)	Peak Particle Velocity (mms⁻¹) – Night (23:00 to 07:00)
Any permanently occupied residential building	1.0 – 1.5	0.5
Any occupied commercial or industrial building	2.0 – 2.5	1.0
Note: daytime and night-time hours are for reference only as construction activities including piling are controlled elsewhere.	Note: daytime and night-time hours are for reference only as construction activities including piling are controlled elsewhere.	Note: daytime and night-time hours are for reference only as construction activities including piling are controlled elsewhere.

Noise during the Operational Phase

30

• (1) No part of the authorised development may be brought into use until a written scheme has been submitted to and approved in writing by the relevant planning authority for the monitoring of noise generated during the operational phases of the development. The written scheme must specify the locations from where noise will be monitored, the method of noise measurement (which must be in accordance with BS4142: 1997 for fixed plant noise and Calculation of Railway Noise 1995, equivalent successor standards or other measurement methodologies appropriate to the circumstances agreed by the relevant planning authority) and identify maximum noise levels appropriate to each location. The written scheme must also specify the periods within which monitoring of operational noise are to take place. The written scheme must be implemented to establish baseline noise conditions. The written scheme is to be subject to annual reviews to establish the frequency of noise monitoring and the need for continued monitoring.

• (2) Prior to installation, details of all mechanical and ventilation plant must be submitted to and approved in writing by the relevant planning authority. Any fixed plant or ventilation equipment must be installed and operated in accordance with manufacturers’ instructions at all times.

• (3) Subject to health and safety requirements, broadband reversing alarms must be employed on mobile plant.

Monitoring of Complaints

31

In the event that complaints for noise nuisance are received by a relevant planning authority, which considers those complaints justified, the applicant must unless otherwise agreed in writing by the relevant planning authority, at its own expense, employ a consultant approved by the relevant planning authority to carry out an assessment of noise from the development, whether relating to noise from construction or operation of the site. The assessment must be carried out to an appropriate methodology agreed in writing by the relevant planning authority and the results of the assessment must be submitted to the relevant planning authority within 28 days of the assessment. Those results must include a comparison of measured data with the requirements, all data which was collected for the purposes of the assessment and certificates of the measuring instrument’s calibration.

Contamination Risk

32

Prior to the commencement of the authorised development (or such other date or stage as may be agreed in writing by the relevant planning authority), the following components of a scheme to deal with the risks associated with contamination of the site must each be submitted to and approved in writing by the relevant planning authority—

• (a) a preliminary risk assessment;

• (b) a site investigation scheme based on (a) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site;

• (c) a remediation strategy based on (a) and (b) giving full details of the remediation measures required and how they are to be undertaken; and

• (d) a verification plan providing details of the data that will be collected in order to demonstrate that the works set out in (c) are complete and identifying any requirements for contingency action.

33

A verification report demonstrating completion of the works set out in the approved remediation strategy and the effectiveness of the remediation must be submitted to and approved in writing by the relevant planning authority. The report must include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It must also include any plan for longer term monitoring of pollutant linkages, maintenance and arrangements for contingency action as identified in the verification plan and for reporting to the relevant planning authority.

SCHEDULE 3 — STREETS SUBJECT TO STREET WORKS

(1)	(2)
Area	Street subject to street works
Daventry District	Danes Way – whole length within the Order limits.
Daventry District	A428 and A361 – length within the Order limits.
Rugby Borough	A428 and A426 – length within the Order limits.

SCHEDULE 4 — STREETS TO BE PERMANENTLY STOPPED UP

PART 1 — STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

(1)	(2)	(3)	(4)
Area	Street to be stopped up	Extent of stopping up	New street to be substituted
Daventry District	Danes Way	The length of street shown coloured orange on the access and rights of way plan.	The length of street coloured light blue the access and rights of way plan.
Daventry District	Crick Covert Right of Way	The temporary right of way between points 1 and 3 shown coloured green on the access and rights of way plan.	A private right of way between points 1 and 2 shown on the access and rights of way plan along the estate roads to be constructed as part of Works No. 5 to allow access to Crick Covert.

PART 2 — STREETS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

(1)	(2)	(3)
Area	Street to be stopped up	Extent of stopping up
Daventry District	Shenley Farm access	Full length of access from the A5 highway to Shenley Farm as shown between the points V and X shown on the access and rights of way plan.
Daventry District	New House Farm access	Full length of access from the A5 highway to New House Farm as shown between the points W and X shown on the access and rights of way plan.
Daventry District	B Station access	Full length of access from the A5 highway to B Station as shown between the points T and U shown on the access and rights of way plan.
Daventry District	Existing farm track	Full length of track between the points R and S shown on the access and rights of way plan.

SCHEDULE 5 — PUBLIC RIGHTS OF WAY TO BE STOPPED UP

PART 1 — PUBLIC RIGHTS OF WAY TO BE PERMANENTLY STOPPED UP

(1)	(2)	(3)	(4)
Area	Public right of way to be stopped up	Extent of stopping up	New public right of way to be substituted
Parish of Yelvertoft	Bridleway FP3	Existing bridleway between the points A and B shown on the access and rights of way plan shown with a dashed red line.	New bridleway between the points A and B shown on the access and rights of way plan shown with a dashed blue line being (unless otherwise agreed in writing with the relevant highway authority) a 3 metre surface width within a 5 metre corridor.
Parishes of Yelvertoft and Lilbourne	Bridleway EX6 (part) FP2 (part)	Existing bridleway between the points A and D shown on the access and rights of way plan shown with a dashed red line.	A new bridleway between the points A and D shown on the access and rights of way plan shown with a dashed blue line being (unless otherwise agreed in writing with the relevant highway authority) a 3 metre surface width within a 5 metre corridor.
Parishes of Yelvertoft and Lilbourne	Footpath EX5 (part) FP1 (part)	Existing footpath between the points C and E shown on the access and rights of way plan shown with a dashed pink line.	A new bridleway between the points C and E shown on the access and rights of way plan shown with a dashed blue line being (unless otherwise agreed in writing with the relevant highway authority) a 3 metre surface width within a 5 metre corridor .

PART 2 — PUBLIC RIGHTS OF WAY TO BE TEMPORARILY STOPPED UP

(1)	(2)	(3)
Area	Public right of way to be stopped up	Extent of stopping up
Parish of Yelvertoft	Bridleways FP2 and FP3 and Footpaths FP1.	The length within the Order limits as agreed by the relevant highway authority under article 13 (public rights of way – diversion and stopping up).
Parish of Lilbourne	Bridleway EX6 and Footpath EX5.	The length within the Order limits as agreed by the relevant highway authority under article 13.
Parishes of Yelvertoft and Lilbourne	New bridleway and footpaths provided as part of the authorised development.	The length within the Order limits as agreed by the relevant highway authority under article 13.

SCHEDULE 6 — PROTECTIVE PROVISIONS

Application

1

The provisions of this Schedule have effect unless otherwise agreed in writing between the undertaker and National Grid Gas Plc.

Interpretation

2

In this Schedule—

• “alternative apparatus” means appropriate alternative apparatus to the satisfaction of National Grid to enable it to fulfil its statutory function in a manner no less efficient than previously;

• “apparatus” means any mains, pipes or other apparatus belonging to or maintained by National Grid for the purpose of gas supply;

• “commence” has the same meaning as in paragraph 1 of Schedule 2 (requirements);

• “functions” includes powers and duties;

• “in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over , across, along or upon such land;

• “maintain” and “maintenance” include the ability and right to construct, use or renew any apparatus or alternative apparatus of the undertaker;

• “National Grid” means National Grid Gas plc, company number 2006000, registered at 1-3 Strand, London WC2N 5EH; and

• “plans” include all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe the works to be executed.

Acquisition of land

3

Regardless of any provision in this Order or anything shown on the land plans or contained in the book of reference, the undertaker may not acquire any apparatus or override any easement or other interest of National Grid otherwise than by agreement.

Removal of apparatus

4

• (1) If, in the exercise of any agreement made in accordance with paragraph 3 (acquisition of land) or in any other authorised manner, the undertaker acquires any interest in any land in which any apparatus is placed, that apparatus must not be removed under this Schedule and any right of National Grid to maintain that apparatus in that land is not extinguished until alternative apparatus has been constructed, and is in operation to the reasonable satisfaction of National Grid in accordance with sub-paragraphs (2) to (8).

• (2) If, for the purpose of executing any works in, on, under or over any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, it must give to National Grid 56 days’ advance written notice of that requirement, together with a plan 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 National Grid reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to National Grid to its satisfaction the necessary facilities and rights for—

• (a) the construction of alternative apparatus in other land of the undertaker; and

• (b) 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 undertaker, or the undertaker 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, National Grid must, on receipt of a written notice to that effect from the undertaker, take such steps as are reasonable in the circumstances to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed except that this obligation does not extend to the requirement for National Grid to use its compulsory purchase powers to this end unless it elects to do so.

• (4) Any alternative apparatus to be constructed in land of the undertaker under this Schedule must be constructed in such manner and in such line or situation as may be agreed between National Grid and the undertaker.

• (5) National Grid must, after the alternative apparatus to be provided or constructed has been agreed, and subject to the grant to it 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 undertaker to be removed under the provisions of this Schedule.

Facilities and rights for alternative apparatus

5

• (1) Where, in accordance with this Schedule, the undertaker affords to National Grid facilities and rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities and rights are to be granted upon such terms and conditions as may be agreed between the undertaker and National Grid and must be no less favourable on the whole to National Grid than the facilities and rights enjoyed by it in respect of the apparatus to be removed unless agreed by it.

• (2) If the facilities and rights to be afforded by the undertaker and agreed with National Grid under sub-paragraph (1) in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are less favourable on the whole to National Grid 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 matter is to be referred to arbitration, and the arbitrator must make such provision for the payment of compensation by the undertaker to National Grid as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

Retained apparatus

6

• (1) Not less than 56 days before commencing the execution of any works authorised by this Order that are near to, or will or may affect, any apparatus the removal of which has not been required by the undertaker under paragraph 4(2) or otherwise, the undertaker must submit to National Grid a plan.

• (2) In relation to works which will or may be situated on, over, under or within 15 metres measured in any direction of any apparatus, or (wherever situated) impose any load directly upon any apparatus or involve embankment works within 15 metres of any apparatus, the plan to be submitted to National Grid under sub-paragraph (1) must be detailed including a material statement and describing—

• (a) the exact position of the works;

• (b) the level at which those works are proposed to be constructed or renewed;

• (c) the manner of the construction or renewal of those works including details of excavation, and the positioning of plant;

• (d) the position of all apparatus; and

• (e) by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus.

• (3) The undertaker must not commence the construction or renewal of any works to which sub-paragraph (2) applies until National Grid has given written approval of the plan so submitted.

• (4) Any approval of National Grid required under sub-paragraph (3)—

• (a) may be given subject to reasonable conditions for any purpose mentioned in sub-paragraph (5) or (7); and

• (b) must not be unreasonably withheld.

• (5) In relation to a work to which sub-paragraph (2) applies, National Grid may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing its system against interference or risk of damage or for the purpose of providing or securing proper and convenient means of access to any apparatus.

• (6) Works executed under this Order must be executed only in accordance with the plan, submitted under sub-paragraph (1) or as relevant sub-paragraph (9), as amended from time to time by agreement between the undertaker and National Grid and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (5) or (7) by National Grid for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and National Grid is entitled to watch and inspect the execution of those works.

• (7) Where National Grid requires any protective works (whether of a temporary or permanent nature) to be carried out either by itself or by the undertaker such protective works must be carried out to National Grid’s satisfaction prior to the carrying out of any works authorised by the Order (or any relevant part of it) and National Grid must give 56 days’ notice of such protective works from the date of submission of a plan in accordance with sub-paragraph (1) or (9) (except in an emergency).

• (8) If National Grid in accordance with sub-paragraph (5) or (7) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 1 to 3 and 6 to 8 apply as if the removal of the apparatus had been required by the undertaker under paragraph 4(2).

• (9) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of any works, a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan.

• (10) The undertaker is not required to comply with sub-paragraph (1) where it needs to carry out emergency works as defined in the 1991 Act but in that case it must give to National Grid notice as soon as is reasonably practicable and a plan of those works and must —

• (a) comply with sub-paragraph (5), (6) and (7) in so far as is reasonably practicable in the circumstances; and

• (b) comply with sub-paragraph (11) at all times.

• (11) At all times when carrying out any works authorised by this Order the undertaker must comply with National Grid’s policies for safe working in proximity to gas apparatus “Specification for safe working in the vicinity of National Grid, High pressure Gas pipelines and associated installation requirements for third parties T/SP/SSW22” and HSE’s “HSG 47 Avoiding Danger from underground services”.

Expenses

7

• (1) Subject to the following provisions of this paragraph, the undertaker must repay to National Grid on demand all charges, costs and expenses reasonably incurred by it in, or in connection with, the inspection, removal, relaying or replacing, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any such works as are referred to in this Schedule including without limitation—

• (a) any costs reasonably incurred or compensation properly paid in connection with the acquisition of rights or the exercise of statutory powers for such apparatus including without limitation in the event that National Grid elects to use powers to acquire compulsorily any necessary rights under paragraph 4(3) all costs incurred as a result of such action;

• (b) in connection with the cost of the carrying out of any diversion work or the provision of any alternative apparatus;

• (c) the cutting off of any apparatus from any other apparatus or the making safe of redundant apparatus;

• (d) the approval of plans;

• (e) the carrying out of protective works, plus a capitalised sum to cover the cost of maintaining and renewing permanent protective works;

• (f) the survey of any land, apparatus or works, the inspection and monitoring of works or the installation or removal of any temporary works reasonably necessary in consequence of the execution of any such works referred to in this Schedule.

• (2) There must be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Schedule and which is not re-used as part of the alternative apparatus, 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 situated,

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 undertaker or in default of agreement settled by arbitration in accordance with article 30 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under 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 undertaker in question by virtue of sub-paragraph (1) is to be reduced by the amount of that excess except where it is not possible in the circumstances to obtain the existing type of apparatus, capacity, dimensions or place at the existing depth in which case full costs must be borne by the undertaker.

• (4) For the purposes of sub-paragraph (3)—

• (a) an extension of apparatus to a length greater than the length of existing apparatus must 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 pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole must 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 National Grid in respect of works by virtue of sub-paragraph (1) must, 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 National Grid 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.

Indemnity

8

• (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any works authorised by this Schedule or in consequence of the construction, use, maintenance or failure of any of the authorised development by or on behalf of the undertaker or in consequence of any act or default of the undertaker (or any person employed or authorised by the undertaker) in the course of carrying out such works, including without limitation works carried out by the undertaker under this Schedule or any subsidence resulting from any of these works), any damage is caused to any apparatus or alternative 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 National Grid, or there is any interruption in any service provided, or in the supply of any goods, by National Grid, or National Grid becomes liable to pay any amount to any third party, the undertaker must—

• (a) bear and pay on demand the cost reasonably incurred by National Grid in making good such damage or restoring the supply; and

• (b) indemnify National Grid for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from National Grid, by reason or in consequence of any such damage or interruption or National Grid becoming liable to any third party as mentioned above.

• (2) The fact that any act or thing may have been done by National Grid on behalf of the undertaker or in accordance with a plan approved by National Grid or in accordance with any requirement of National Grid or under its supervision does not (subject to sub-paragraph (3)), excuse the undertaker from liability under the provisions of this sub-paragraph (1)).

• (3) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the neglect or default of National Grid, its officers, servants, contractors or agents.

• (4) National Grid must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise is to be made without first consulting the promoter and considering their representations.

Ground subsidence monitoring scheme in respect of National Grid’s apparatus

9

• (1) No works within 15 metres of any apparatus or alternative apparatus are to commence until a scheme for monitoring ground subsidence (referred to in this paragraph as “the monitoring scheme”) which is capable of interfering with or risking damage to National Grid’s apparatus has been submitted to and approved by it, such approval not to be unreasonably withheld or delayed.

• (2) The monitoring scheme must set out—

• (a) the apparatus which is to be subject to such monitoring;

• (b) the extent of land to be monitored;

• (c) the manner in which ground levels are to be monitored;

• (d) the timescales of any monitoring activities; and

• (e) the extent of ground subsidence which, if exceeded, requires the undertaker to submit for National Grid’s approval a ground subsidence mitigation scheme in respect of such subsidence in accordance with sub-paragraph (4).

• (3) The monitoring scheme must be submitted within 56 days prior to the commencement of any works authorised by this Order or comprised within the authorised development. Any requirements of National Grid must be notified within 28 days of receipt of the monitoring scheme. Afterwards the monitoring scheme must be implemented as approved, unless otherwise agreed in writing with National Grid.

• (4) As soon as reasonably practicable after any ground subsidence identified by the monitoring activities set out in the monitoring scheme has exceeded the level described in sub-paragraph (2)(e), a scheme setting out necessary mitigation measures (if any) for such ground subsidence (referred to in this paragraph as a “mitigation scheme”) must be submitted to National Grid for approval, such approval not to be unreasonably withheld or delayed; and any mitigation scheme must be implemented as approved, unless otherwise agreed in writing by National Grid except that National Grid retains the right to carry out any further necessary protective works for the safeguarding of its apparatus and can recover any such costs in accordance with paragraph 7.

• (5) If the monitoring scheme or mitigation scheme would conflict with any aspect of any ground subsidence monitoring scheme or ground subsidence mitigation scheme approved by the relevant planning authority under Schedule 2 (requirements) the undertaker may submit a revised monitoring scheme or mitigation scheme to National Grid for its approval, such approval not to be unreasonably withheld or delayed; and the revised monitoring scheme or mitigation scheme must be implemented as approved, unless otherwise agreed in writing by National Grid.

Enactments and agreements

10

Nothing in this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and National Grid in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.

Co-operation

11

Where in consequence of the proposed construction of any of the authorised development, the undertaker and National Grid require the removal of apparatus under paragraph 4(2) (removal of apparatus) or National Grid makes requirements for the protection or alteration of apparatus under paragraph 6 (retained apparatus), the undertaker must use its reasonable endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe and efficient operation of National Grid’s undertaking and National Grid must use its reasonable endeavours to co-operate with the undertaker for that purpose.

Access

12

If in consequence of any agreement made in accordance with paragraph 3 (acquisition of land) or the powers conferred by this Order the access to any apparatus is materially obstructed, the undertaker must provide such alternative means of access to such apparatus as will enable National Grid to maintain or use the apparatus no less effectively than was possible before such obstruction.

Arbitration

13

Except for differences or disputes arising under paragraphs 4(2), 4(4), 5(1) and 6 any difference or dispute arising between the undertaker and National Grid under this Schedule must, unless otherwise agreed in writing between them, be determined by arbitration in accordance with article 30 (arbitration).

Signed

Signed by authority of the Secretary of State for Transport

Martin Woods — Head of the Transport and Works Act Orders Unit — Department for Transport — 3rd July 2014

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order authorises Rugby Radio Station Limited Partnership and Prologis UK Limited and their associated companies to construct, operate and maintain, an alteration to the existing Daventry International Rail Freight Terminal Interchange together with associated development. For the purposes of the development that it authorises, Rugby Radio Station Limited Partnership and Prologis UK Limited and their associated companies are authorised by the Order to construct and use the authorised development and to compulsorily acquire rights over land. The Order also authorises the making of alterations to the highway network, stopping up and diversion of public rights of way and to discharge water.

A copy of the plans and book of reference referred to in this Order and certified in accordance with article 28 (certification of plans etc) of this Order may be inspected free of charge at the offices of Daventry District Council at Lodge Road Daventry NN11 4FP and Rugby Borough Council Town Hall Evreux Way CV21 2RR.

Footnotes

Editorial notes