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The Rampion Offshore Wind Farm Order 2014

Type Statutory-Instrument

Publication 2014-07-16

Last updated 2025-04-28

State In force

Department King's Printer of Acts of Parliament

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SCHEDULE 8 — Modification of compensation and compulsory purchase enactments for creation of new rights and restrictive covenants

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[^f00024] 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”;

(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 Rampion Offshore Wind Farm Order 2014[^f00025] (“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 shall be 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) of this section 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) of this section 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);

(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 shall be 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 9 — 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
In the County of West Sussex, Borough of Worthing	1 6–9 11 19–26	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	Work Nos. 3B, 7, 8, 9, 13–15
In the County of West Sussex, Borough of Worthing	4 5	Construction compound; access for carrying out the authorised project	Work Nos. 3B, 6
In the County of West Sussex, Borough of Worthing	2 4 5 10	Laying of temporary haul roads and improvements to tracks; access for carrying out the authorised project	Work Nos. 4, 5, 6, 7, 8, 9 and 10
In the County of West Sussex, District of Adur	12–18 27–44	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	Work Nos. 11, 12, 13, 14, 15, 16, 17, 18 and 19
In the County of West Sussex, District of Horsham, South Downs National Park	45–54 57–81	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	Work Nos. 20, 21, 22, 23
In the County of West Sussex, District of Horsham	55, 56	Construction compound; access for carrying out the authorised project	Work Nos. 21
In the County of West Sussex, District of Mid Sussex	82–89	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	Work Nos. 24
In the County of West Sussex, District of Mid Sussex	91 96–98	Laying of temporary haul roads and improvements to tracks; access for carrying out the authorised project	Work Nos. 25, 26

SCHEDULE 10 — Important hedgerows

(1)	(2)
Area	Reference of hedgerow
In the County of West Sussex, Borough of Worthing	The important hedgerow marked 3 on the important hedgerows plan
In the County of West Sussex, Borough of Worthing	The important hedgerow marked 6 on the important hedgerows plan
In the County of West Sussex, District of Adur	The important hedgerow marked 37 on the important hedgerows plan
In the County of West Sussex, District of Adur	The important hedgerow marked 38 on the important hedgerows plan
In the County of West Sussex, District of Adur	The important hedgerow marked 47 on the important hedgerows plan
In the County of West Sussex, District of Adur	The important hedgerow marked 48 on the important hedgerows plan
In the County of West Sussex, Borough of Worthing	The important hedgerow marked 53 on the important hedgerows plan
In the County of West Sussex, Borough of Worthing	The important hedgerow marked 55 on the important hedgerows plan
In the County of West Sussex, Borough of Worthing	The important hedgerow marked 57 on the important hedgerows plan
In the County of West Sussex, Borough of Worthing	The important hedgerow marked 58 on the important hedgerows plan
In the County of West Sussex, Borough of Worthing	The important hedgerow marked 60 on the important hedgerows plan
In the County of West Sussex, Borough of Worthing, South Downs National Park	The important hedgerow marked 63 on the important hedgerows plan
In the County of West Sussex, District of Adur, South Downs National Park	The important hedgerow marked 64 on the important hedgerows plan
In the County of West Sussex, District of Adur, South Downs National Park	The important hedgerow marked 68 on the important hedgerows plan
In the County of West Sussex, District of Adur, South Downs National Park	The important hedgerow marked 71 on the important hedgerows plan
In the County of West Sussex, District of Adur, South Downs National Park	The important hedgerow marked 76 on the important hedgerows plan
In the County of West Sussex, District of Adur, South Downs National Park	The important hedgerow marked 81 on the important hedgerows plan
In the County of West Sussex, District of Adur, South Downs National Park	The important hedgerow marked 85 on the important hedgerows plan
In the County of West Sussex, District of Adur, South Downs National Park	The important hedgerow marked 90 on the important hedgerows plan
In the County of West Sussex, District of Adur, South Downs National Park	The important hedgerow marked 91 on the important hedgerows plan
In the County of West Sussex, District of Adur, South Downs National Park	The important hedgerow marked 93 on the important hedgerows plan
In the County of West Sussex, District of Horsham, South Downs National Park	The important hedgerow marked 117 on the important hedgerows plan
In the County of West Sussex, District of Horsham, South Downs National Park	The important hedgerow marked 119 on the important hedgerows plan
In the County of West Sussex, District of Horsham, South Downs National Park	The important hedgerow marked 124 on the important hedgerows plan
In the County of West Sussex, District of Horsham, South Downs National Park	The important hedgerow marked 129 on the important hedgerows plan
In the County of West Sussex, District of Horsham, South Downs National Park	The important hedgerow marked 133 on the important hedgerows plan
In the County of West Sussex, District of Horsham, South Downs National Park	The important hedgerow marked 136 on the important hedgerows plan
In the County of West Sussex, District of Horsham, South Downs National Park	The important hedgerow marked 142 on the important hedgerows plan
In the County of West Sussex, District of Horsham, South Downs National Park	The important hedgerow marked 148 on the important hedgerows plan
In the County of West Sussex, District of Horsham, South Downs National Park	The important hedgerow marked 149 on the important hedgerows plan
In the County of West Sussex, District of Horsham	The important hedgerow marked 151 on the important hedgerows plan
In the County of West Sussex, District of Horsham	The important hedgerow marked 152 on the important hedgerows plan
In the County of West Sussex, District of Horsham	The important hedgerow marked 153 on the important hedgerows plan
In the County of West Sussex, District of Horsham	The important hedgerow marked A on the important hedgerows plan
In the County of West Sussex, District of Horsham	The important hedgerow marked B on the important hedgerows plan
In the County of West Sussex, District of Horsham	The important hedgerow marked C on the important hedgerows plan
In the County of West Sussex, District of Horsham	The important hedgerow marked D on the important hedgerows plan
In the County of West Sussex, District of Horsham	The important hedgerow marked E on the important hedgerows plan
In the County of West Sussex, District of Horsham	The important hedgerow marked F on the important hedgerows plan
In the County of West Sussex, District of Horsham	The important hedgerow marked G on the important hedgerows plan
In the County of West Sussex, District of Horsham	The important hedgerow marked 156 on the important hedgerows plan
In the County of West Sussex, District of Horsham	The important hedgerow marked 157 on the important hedgerows plan
In the County of West Sussex, District of Horsham	The important hedgerow marked 166 on the important hedgerows plan
In the County of West Sussex, District of Horsham	The important hedgerow marked 170 on the important hedgerows plan
In the County of West Sussex, District of Horsham	The important hedgerow marked 172 on the important hedgerows plan
In the County of West Sussex, District of Horsham	The important hedgerow marked 171 on the important hedgerows plan
In the County of West Sussex, District of Horsham	The important hedgerow marked 171a on the important hedgerows plan
In the County of West Sussex, District of Horsham	The important hedgerow marked 177 on the important hedgerows plan
In the County of West Sussex, District of Horsham	The important hedgerow marked 178 on the important hedgerows plan
In the County of West Sussex, District of Horsham	The important hedgerow marked 179 on the important hedgerows plan
In the County of West Sussex, District of Horsham	The important hedgerow marked 180 on the important hedgerows plan
In the County of West Sussex, District of Horsham	The important hedgerow marked 181 on the important hedgerows plan
In the County of West Sussex, District of Horsham	The important hedgerow marked 183 on the important hedgerows plan
In the County of West Sussex, District of Horsham	The important hedgerow marked 185 on the important hedgerows plan
In the County of West Sussex, District of Horsham	The important hedgerow marked 188 on the important hedgerows plan
In the County of West Sussex, District of Horsham	The important hedgerow marked 284 on the important hedgerows plan
In the County of West Sussex, District of Horsham	The important hedgerow marked 286 on the important hedgerows plan
In the County of West Sussex, District of Horsham	The important hedgerow marked 287 on the important hedgerows plan
In the County of West Sussex, District of Horsham	The important hedgerow marked 292 on the important hedgerows plan
In the County of West Sussex, District of Horsham	The important hedgerow marked 293 on the important hedgerows plan
In the County of West Sussex, District of Horsham	The important hedgerow marked 297a on the important hedgerows plan
In the County of West Sussex, District of Mid Sussex	The important hedgerow marked 298 on the important hedgerows plan
In the County of West Sussex, District of Mid Sussex	The important hedgerow marked 304 on the important hedgerows plan
In the County of West Sussex, District of Mid Sussex	The important hedgerow marked 317 on the important hedgerows plan
In the County of West Sussex, District of Mid Sussex	The important hedgerow marked 318 on the important hedgerows plan
In the County of West Sussex, District of Mid Sussex	The important hedgerow marked 316 on the important hedgerows plan
In the County of West Sussex, District of Mid Sussex	The important hedgerow marked 314 on the important hedgerows plan
In the County of West Sussex, District of Mid Sussex	The important hedgerow marked 218 on the important hedgerows plan
In the County of West Sussex, District of Mid Sussex	The important hedgerow marked 220 on the important hedgerows plan
In the County of West Sussex, District of Mid Sussex	The important hedgerow marked 224 on the important hedgerows plan
In the County of West Sussex, District of Mid Sussex	The important hedgerow marked 226 on the important hedgerows plan
In the County of West Sussex, District of Mid Sussex	The important hedgerow marked 252 on the important hedgerows plan
In the County of West Sussex, District of Mid Sussex	The important hedgerow marked 254 on the important hedgerows plan
In the County of West Sussex, District of Mid Sussex	The important hedgerow marked 259 on the important hedgerows plan
In the County of West Sussex, District of Mid Sussex	The important hedgerow marked 260 on the important hedgerows plan
In the County of West Sussex, District of Mid Sussex	The important hedgerow marked 280 on the important hedgerows plan
In the County of West Sussex, District of Mid Sussex	The important hedgerow marked 279 on the important hedgerows plan
In the County of West Sussex, District of Mid Sussex	The important hedgerow marked 270a on the important hedgerows plan
In the County of West Sussex, District of Mid Sussex	The important hedgerow marked 271 on the important hedgerows plan
In the County of West Sussex, District of Mid Sussex	The important hedgerow marked 278 on the important hedgerows plan
In the County of West Sussex, District of Mid Sussex	The important hedgerow marked 275 on the important hedgerows plan

SCHEDULE 11 — Trees subject to tree preservation orders

(1)	(2)	(3)
Area and relevant Order	Type of tree and reference	Work to be carried out
In the County of West Sussex, Borough of Worthing, Borough Council of Worthing Tree Preservation Order No. 1 of 2003	Individual tree Camperdown Elm (Ulmus glabra, var. ‘Camperdown’) at the point marked T3 on the tree preservation order plan	Felling or lopping or cutting back roots
In the County of West Sussex, Borough of Worthing, Borough Council of Worthing Tree Preservation Order No. 1 of 2003	Group of 7 trees, consisting of: 2 Lombardy Popular (Populus nigra, var. ‘Italica’)4 Whitebeam (Sorbus aria)and 1 Elm (Ulmus procera) in the area marked G2 on the tree preservation order plan	Lopping or cutting back roots
In the County of West Sussex, Borough of Worthing, Borough Council of Worthing Tree Preservation Order No. 1 of 2003	Woodland, consisting of Ash (Fraxinus excelsior)Aspen (Populus tremula)and Lombardy Popular (Populus nigra, var ‘Italica’) in the area marked W3 on the tree preservation order plan	Lopping or cutting back roots

SCHEDULE 12 — Protective provisions

PART 1 — For the protection of railway interests

1

The following provisions of this Schedule shall have effect, unless otherwise agreed in writing between the undertaker and Network Rail and, in the case of paragraph 15, any other person on whom rights or obligations are conferred by that paragraph.

2

In this Schedule—

“construction” includes execution, placing, alteration and reconstruction, and construct and constructed have corresponding meanings;

“the engineer” means an engineer appointed by Network Rail for the purposes of this Order;

“network licence” means the network licence, as the same is amended from time to time, granted to Network Rail Infrastructure Limited by the Secretary of State in exercise of the powers under section 8 of the Railways Act 1993[^f00026];

“Network Rail” means Network Rail Infrastructure Limited and any associated company of Network Rail Infrastructure Limited which holds property for railway purposes, and for the purpose of this definition “associated company” means any company which is (within the meaning of section 1159 of the Companies Act 2006[^f00027]) the holding company of Network Rail Infrastructure Limited, a subsidiary of Network Rail Infrastructure Limited or another subsidiary of the holding company of Network Rail Infrastructure Limited;

“plans” includes sections, designs, design data, software, drawings, specifications, soil reports, calculations, descriptions (including descriptions of methods of construction), staging proposals, programmes and details of the extent, timing and duration of any proposed occupation of railway property;

“railway operational procedures” means procedures specified under any access agreement (as defined in the Railways Act 1993) or station lease;

“railway property” means any railway belonging to Network Rail Infrastructure Limited and—any station, land, works, apparatus and equipment belonging to Network Rail Infrastructure Limited or connected with any such railway; andany easement or other property interest held or used by Network Rail Infrastructure Limited for the purposes of such railway or works, apparatus or equipment; and

“specified work” means so much of any of the authorised development as is situated upon, across, under, over or within 15 metres of, or may in any way adversely affect, railway property.

3

(1) Where under this Schedule Network Rail is required to give its consent or approval in respect of any matter, that consent or approval is subject to the condition that Network Rail complies with any relevant railway operational procedures and any obligations under its network licence or under statute.

(2) In so far as any specified work or the acquisition or use of railway property is or may be subject to railway operational procedures, Network Rail shall—

(a) co-operate with the undertaker with a view to avoiding undue delay and securing conformity as between any plans approved by the engineer and requirements emanating from those procedures; and

(b) use their reasonable endeavours to avoid any conflict arising between the application of those procedures and the proper implementation of the authorised development pursuant to this Order.

4

(1) The undertaker shall not exercise the powers conferred by articles 21 (Authority to survey and investigate the land), 23 (Compulsory acquisition of land), 25 (Compulsory acquisition of rights), 26 (Private rights), 28 (Acquisition of subsoil only), 29 (Acquisition of part of certain properties), 31 (Temporary use of land for carrying out the authorised project), 32 (Temporary use of land for maintaining the authorised project), 33 (Statutory undertakers), and 37 (Felling or lopping of trees and removal of hedgerows) or the powers conferred by section 11(3) of the 1965 Act in respect of any railway property unless the exercise of such powers is with the consent of Network Rail.

(2) The undertaker shall not in the exercise of the powers conferred by this Order prevent pedestrian or vehicular access to any railway property, unless preventing such access is with the consent of Network Rail.

(3) The undertaker shall not exercise the powers conferred by sections 271 or 272 of the 1990 Act, in relation to any right of access of Network Rail to railway property, but such right of access may be diverted with the consent of Network Rail.

(4) The undertaker shall not under the powers of this Order acquire or use new rights over any railway property except with the consent of Network Rail.

(5) Where Network Rail is asked to give its consent pursuant to this paragraph, such consent shall not be unreasonably withheld but may be given subject to reasonable conditions.

5

(1) The undertaker shall before commencing construction of any specified work supply to Network Rail proper and sufficient plans of that work for the reasonable approval of the engineer and the specified work shall not be commenced except in accordance with such plans as have been approved in writing by the engineer or settled by arbitration.

(2) The approval of the engineer under sub-paragraph (1) shall not be unreasonably withheld, and if—

(a) by the end of the period of 28 days beginning with the date on which such plans have been supplied to Network Rail the engineer has not intimated his disapproval of those plans and the grounds of his disapproval, the undertaker may serve upon the engineer written notice requiring the engineer to intimate his approval or disapproval within a further period of 28 days beginning with the date upon which the engineer receives written notice from the undertaker;

(b) by the expiry of the further 28 days the engineer has not intimated his approval or disapproval, he shall be deemed to have approved the plans as submitted.

(3) If by the end of the period of 28 days beginning with the date on which written notice was served upon the engineer under sub-paragraph (2), Network Rail gives notice to the undertaker that Network Rail desires itself to construct any part of a specified work which in the opinion of the engineer will or may affect the stability of railway property or the safe operation of traffic on the railways of Network Rail then, if the undertaker desires such part of the specified work to be constructed, Network Rail shall construct it with all reasonable dispatch on behalf of and to the reasonable satisfaction of the undertaker in accordance with the plans approved or deemed to be approved or settled under this paragraph, and under the supervision (where appropriate and if given) of the undertaker.

(4) When signifying approval of the plans the engineer may specify any protective works (whether temporary or permanent) which in the engineer’s opinion should be carried out before the commencement of the construction of a specified work to ensure the safety or stability of railway property or the continuation of safe and efficient operation of the railways of Network Rail or the services of operators using the same (including any relocation de-commissioning and removal of works, apparatus and equipment necessitated by a specified work and the comfort and safety of passengers who may be affected by the specified works), and such protective works as may be reasonably necessary for those purposes shall be constructed by Network Rail or by the undertaker, if Network Rail so desires, and such protective works shall be carried out at the expense of the undertaker in either case with all reasonable dispatch and the undertaker shall not commence the construction of the specified works until the engineer has notified the undertaker that the protective works have been completed to his reasonable satisfaction.

6

(1) Any specified work and any protective works to be constructed by virtue of paragraph 5(4) shall, when commenced, be constructed—

(a) with all reasonable dispatch in accordance with the plans approved or deemed to have been approved or settled under paragraph 5;

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

(d) so far as is reasonably practicable, so as not to interfere with or obstruct the free, uninterrupted and safe use of any railway of Network Rail or the traffic thereon and the use by passengers of railway property.

(2) If any damage to railway property or any such interference or obstruction shall be caused by the carrying out of, or in consequence of the construction of a specified work, the undertaker shall, notwithstanding any such approval, make good such damage and shall pay to Network Rail all reasonable expenses to which Network Rail may be put and compensation for any loss which it may sustain by reason of any such damage, interference or obstruction.

(3) Nothing in this Schedule shall impose any liability on the undertaker with respect to any damage, costs, expenses or loss attributable to the negligence of Network Rail or its servants, contractors or agents or any liability on Network Rail with respect of any damage, costs, expenses or loss attributable to the negligence of the undertaker or its servants, contractors or agents.

7

The undertaker shall—

(a) at all times afford reasonable facilities to the engineer for access to a specified work during its construction; and

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

8

Network Rail shall at all times afford reasonable facilities to the undertaker and its agents for access to any works carried out by Network Rail under this Schedule during their construction and shall supply the undertaker with such information as it may reasonably require with regard to such works or the method of constructing them.

9

(1) If any permanent or temporary alterations or additions to railway property are reasonably necessary in consequence of the construction of a specified work, or during a period of 24 months after the completion of that work in order to ensure the safety of railway property or the continued safe operation of the railway of Network Rail, such alterations and additions may be carried out by Network Rail and if Network Rail gives to the undertaker reasonable notice of its intention to carry out such alterations or additions (which shall be specified in the notice), the undertaker shall pay to Network Rail the reasonable cost of those alterations or additions including, in respect of any such alterations and additions as are to be permanent, a capitalised sum representing the increase of the costs which may be expected to be reasonably incurred by Network Rail in maintaining, working and, when necessary, renewing any such alterations or additions.

(2) If during the construction of a specified work by the undertaker, Network Rail gives notice to the undertaker that Network Rail desires itself to construct that part of the specified work which in the opinion of the engineer is endangering the stability of railway property or the safe operation of traffic on the railways of Network Rail then, if the undertaker decides that part of the specified work is to be constructed, Network Rail shall assume construction of that part of the specified work and the undertaker shall, notwithstanding any such approval of a specified work under paragraph 5(3), pay to Network Rail all reasonable expenses to which Network Rail may be put and compensation for any loss which it may suffer by reason of the execution by Network Rail of that specified work.

(3) The engineer shall, in respect of the capitalised sums referred to in this paragraph and paragraph 10(a) provide such details of the formula by which those sums have been calculated as the undertaker may reasonably require.

(4) If the cost of maintaining, working or renewing railway property is reduced in consequence of any such alterations or additions a capitalised sum representing such saving shall be set off against any sum payable by the undertaker to Network Rail under this paragraph.

10

The undertaker shall repay to Network Rail all reasonable fees, costs, charges and expenses reasonably incurred by Network Rail—

(a) in constructing any part of a specified work on behalf of the undertaker as provided by paragraph 5(3) or in constructing any protective works under the provisions of paragraph 5(4) including, in respect of any permanent protective works, a capitalised sum representing the cost of maintaining and renewing those works;

(b) in respect of the approval by the engineer of plans submitted by the undertaker and the supervision by him of the construction of a specified work;

(c) in respect of the employment or procurement of the services of any inspectors, signalmen, watchmen and other persons whom it shall be reasonably necessary to appoint for inspecting, signalling, watching and lighting railway property and for preventing, so far as may be reasonably practicable, interference, obstruction, danger or accident arising from the construction or failure of a specified work;

(d) in respect of any special traffic working resulting from any speed restrictions which may in the opinion of the engineer, require to be imposed by reason or in consequence of the construction or failure of a specified work or from the substitution of diversion of services which may be reasonably necessary for the same reason; and

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(1)	(2)	(2)	(2)
Number of land shown on land plans	Purpose for which rights may be acquired	Purpose for which rights may be acquired	Purpose for which rights may be acquired
132337–41	132337–41	The right to enter and remain upon the land for the purposes of construction , installation, operation, maintenance and decommissioning of the authorised project and to—	The right to enter and remain upon the land for the purposes of construction , installation, operation, maintenance and decommissioning of the authorised project and to—	The right to enter and remain upon the land for the purposes of construction , installation, operation, maintenance and decommissioning of the authorised project and to—
132337–41	132337–41	(a)	lay down, install, adjust, alter, construct, use, maintain, repair, renew, upgrade, inspect, remove and replace underground electricity cables together with such telemetry and fibre optic lines, ducting, jointing bays and other apparatus, protection measures, safety measures and other equipment which is ancillary to the purposes of transmitting electricity along such electricity cables (which collectively shall be referred as the “cables”);	lay down, install, adjust, alter, construct, use, maintain, repair, renew, upgrade, inspect, remove and replace underground electricity cables together with such telemetry and fibre optic lines, ducting, jointing bays and other apparatus, protection measures, safety measures and other equipment which is ancillary to the purposes of transmitting electricity along such electricity cables (which collectively shall be referred as the “cables”);
132337–41	132337–41	(b)	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;	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;
132337–41	132337–41	(c)	retain and use the cables for the purpose of the transmission of electricity;	retain and use the cables for the purpose of the transmission of electricity;
132337–41	132337–41	(d)	pass and re-pass with or without vehicles, plant and machinery for the purposes of laying down, installing, adjusting, altering, constructing, using, maintaining, repairing, renewing, inspecting, removing and replacing the cables;	pass and re-pass with or without vehicles, plant and machinery for the purposes of laying down, installing, adjusting, altering, constructing, using, maintaining, repairing, renewing, inspecting, removing and replacing the cables;
132337–41	132337–41	(e)	place and to use plant, machinery, structures and temporary structures within the land for the installation, construction, maintenance, repairing, renewing, upgrading, inspecting, removal and replacing of the cables;	place and to use plant, machinery, structures and temporary structures within the land for the installation, construction, maintenance, repairing, renewing, upgrading, inspecting, removal and replacing of the cables;
132337–41	132337–41	(f)	erect fencing and create secure works compounds;	erect fencing and create secure works compounds;
132337–41	132337–41	(g)	construct, lay down, use and remove temporary access roads including any necessary temporary bridging of water courses and drains;	construct, lay down, use and remove temporary access roads including any necessary temporary bridging of water courses and drains;
132337–41	132337–41	(h)	effect access to the highway;	effect access to the highway;
132337–41	132337–41	(i)	install and maintain cable marker posts to identify the location of the cables;	install and maintain cable marker posts to identify the location of the cables;
132337–41	132337–41	(j)	fell, lop, cut or coppice trees or remove roots of trees or hedges or shrubs;	fell, lop, cut or coppice trees or remove roots of trees or hedges or shrubs;
132337–41	132337–41	(k)	install, use, inspect, maintain, adjust, alter, renew, repair, test, cleanse, improve or extend drainage and culverts;	install, use, inspect, maintain, adjust, alter, renew, repair, test, cleanse, improve or extend drainage and culverts;
132337–41	132337–41	(l)	install, alter, re-lay, maintain, protect, adjust or remove pipes, cables or conduits or apparatus (including the pipes, cables or conduits or apparatus of statutory undertakers);	install, alter, re-lay, maintain, protect, adjust or remove pipes, cables or conduits or apparatus (including the pipes, cables or conduits or apparatus of statutory undertakers);
132337–41	132337–41	(m)	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 re-instating of the original fences following the exercise of the rights);	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 re-instating of the original fences following the exercise of the rights);
132337–41	132337–41	(n)	use or resort to directional drilling for the installation of the cables; and	use or resort to directional drilling for the installation of the cables; and
132337–41	132337–41	(o)	carry out environmental or ecological mitigation or enhancement works.	carry out environmental or ecological mitigation or enhancement works.
6	6	The right to enter and remain upon the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised project and to—	The right to enter and remain upon the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised project and to—	The right to enter and remain upon the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised project and to—
6	6	(a)	lay down, install, adjust, alter, construct, use, maintain, repair, renew, upgrade, inspect, remove and replace underground electricity cables together with such telemetry and fibre optic lines, ducting, jointing bays and other apparatus, protection measures, safety measures and other equipment which is ancillary to the purposes of transmitting electricity along such electricity cables (which collectively shall be referred as the “cables”);	lay down, install, adjust, alter, construct, use, maintain, repair, renew, upgrade, inspect, remove and replace underground electricity cables together with such telemetry and fibre optic lines, ducting, jointing bays and other apparatus, protection measures, safety measures and other equipment which is ancillary to the purposes of transmitting electricity along such electricity cables (which collectively shall be referred as the “cables”);
6	6	(b)	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;	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;
6	6	(c)	retain and use the cables for the purpose of the transmission of electricity;	retain and use the cables for the purpose of the transmission of electricity;
6	6	(d)	pass and re-pass with or without vehicles, plant and machinery for the purposes of laying down, installing, adjusting, altering, constructing, using, maintaining, repairing, renewing, inspecting, removing and replacing the cables;	pass and re-pass with or without vehicles, plant and machinery for the purposes of laying down, installing, adjusting, altering, constructing, using, maintaining, repairing, renewing, inspecting, removing and replacing the cables;
6	6	(e)	temporarily place and to use plant, machinery and structures within the land for the installation, construction, maintenance, repairing, renewing, upgrading, inspecting, removal and replacing of the cables;	temporarily place and to use plant, machinery and structures within the land for the installation, construction, maintenance, repairing, renewing, upgrading, inspecting, removal and replacing of the cables;
6	6	(f)	effect access to the highway;	effect access to the highway;
6	6	(g)	install and maintain cable marker posts to identify the location of the cables;	install and maintain cable marker posts to identify the location of the cables;
6	6	(h)	install, use, inspect, maintain, adjust, alter, renew, repair, adjust, test, extend, replace, improve or cleanse drainage or culverts;	install, use, inspect, maintain, adjust, alter, renew, repair, adjust, test, extend, replace, improve or cleanse drainage or culverts;
6	6	(i)	install , alter, re-lay, maintain, adjust, protect or remove pipes, cables or conduits or apparatus (including the pipes, cables or conduits or apparatus of statutory undertakers);	install , alter, re-lay, maintain, adjust, protect or remove pipes, cables or conduits or apparatus (including the pipes, cables or conduits or apparatus of statutory undertakers);
6	6	(j)	use or resort to directional drilling for the installation of the cables;	use or resort to directional drilling for the installation of the cables;
6	6	(k)	maintain, replace, renew and remove underground transition pits for the connection of offshore cable circuits to onshore cable circuits; and	maintain, replace, renew and remove underground transition pits for the connection of offshore cable circuits to onshore cable circuits; and
6	6	(l)	carry out environmental or ecological mitigation or enhancement works.	carry out environmental or ecological mitigation or enhancement works.
7–9	7–9	The right to enter and remain upon the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised project and to—	The right to enter and remain upon the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised project and to—	The right to enter and remain upon the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised project and to—
7–9	7–9	(a)	lay down, install, adjust, alter, construct, use, maintain, repair, renew, upgrade, inspect, remove and replace underground electricity cables together with such telemetry and fibre optic lines, ducting, jointing bays and other apparatus, protection measures, safety measures and other equipment which is ancillary to the purposes of transmitting electricity along such electricity cables (which collectively shall be referred as the “cables”);	lay down, install, adjust, alter, construct, use, maintain, repair, renew, upgrade, inspect, remove and replace underground electricity cables together with such telemetry and fibre optic lines, ducting, jointing bays and other apparatus, protection measures, safety measures and other equipment which is ancillary to the purposes of transmitting electricity along such electricity cables (which collectively shall be referred as the “cables”);
7–9	7–9	(b)	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;	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;
7–9	7–9	(c)	retain and use the cables for the purpose of the transmission of electricity;	retain and use the cables for the purpose of the transmission of electricity;
7–9	7–9	(d)	pass and re-pass with or without vehicles, plant and machinery for the purposes of laying down, installing, adjusting, altering, constructing, using, maintaining, repairing, renewing, inspecting, removing and replacing the cables;	pass and re-pass with or without vehicles, plant and machinery for the purposes of laying down, installing, adjusting, altering, constructing, using, maintaining, repairing, renewing, inspecting, removing and replacing the cables;
7–9	7–9	(e)	temporarily place and to use plant, machinery and structures within the land for the installation, construction, maintenance, repairing, renewing, upgrading, inspecting, removal and replacing of the cables;	temporarily place and to use plant, machinery and structures within the land for the installation, construction, maintenance, repairing, renewing, upgrading, inspecting, removal and replacing of the cables;
7–9	7–9	(f)	effect access to the highway;	effect access to the highway;
7–9	7–9	(g)	install and maintain cable marker posts to identify the location of the cables;	install and maintain cable marker posts to identify the location of the cables;
7–9	7–9	(h)	install, use, inspect, maintain, adjust, alter, renew, repair, adjust, test, extend, replace, improve or cleanse drainage or culverts;	install, use, inspect, maintain, adjust, alter, renew, repair, adjust, test, extend, replace, improve or cleanse drainage or culverts;
7–9	7–9	(i)	install , alter, re-lay, maintain, adjust, protect or remove pipes, cables or conduits or apparatus (including the pipes, cables or conduits or apparatus of statutory undertakers);	install , alter, re-lay, maintain, adjust, protect or remove pipes, cables or conduits or apparatus (including the pipes, cables or conduits or apparatus of statutory undertakers);