The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014

Borough	Number of land shown on land plan	Purpose of which temporary possession may be taken	Relevant site or part of the authorised project
London Borough of Ealing	1, 2, 3, 5, 8, 9, 10, 18, 19, 20, 22, 23, 24, 26, 28, 31, 31a, 32, 32a, 36	Areas required for shaft construction; CSO interception works construction; ventilation equipment and structure construction; tunnel secondary lining; utility supplies, cranage, enclosures, concrete batching plant, workshops and stores, office, parking and welfare facilities, and vehicle and pedestrian circulation areas. Highway works to Canham Road, Stanley Gardens and Warple Way (part of Work No. 2b). Purposes ancillary or incidental to the above purposes.	Acton Storm Tanks
London Borough of Hammersmith & Fulham	101, 104, 105, 106, 107, 108, 109, 111, 112, 114, 115, 116, 117, 118	Areas required for CSO drop shaft construction; Hammersmith connection tunnel construction; CSO interception works construction; utility supplies, cranage, enclosures, concrete batching plant, workshop and stores, office, parking and welfare facilities, and vehicle and pedestrian circulation areas. Highway works to Chancellor’s Road and Distillery Road. Utility works in Chancellor’s Road (part of Work No. 3c). Purposes ancillary or incidental to the above purposes.	Hammersmith Pumping Station
London Borough of Richmond Upon Thames	65, 65a, 65b, 66, 67, 68, 70, 72, 73, 76, 79, 85	Areas required for CSO drop shaft construction; West Putney connection tunnel construction; CSO interception works construction; access road, utility supplies, cranage, enclosures, concrete batching plant, workshop and stores, office, parking and welfare facilities, and vehicle and pedestrian circulation areas. Highway works at junction of Queen Elizabeth Walk and private access road (part of Work No. 4c). Purposes ancillary or incidental to the above purposes.	Barn Elms
London Borough of Wandsworth	8, 9, 9a, 10, 11, 12, 12a, 12b, 12c, 13, 13a, 14, 14a, 15, 16, 20, 23, 25, 25a, 25b, 25c, 30, 32, 33, 34, 35, 36, 39, 40, 42, 44, 45, 46, 46a, 47, 47a, 48, 50	Areas required for CSO drop shaft construction; Putney Bridge connection tunnel construction; CSO interception works construction; secondary lining; utility supplies, working area in the foreshore, temporary campshed, cranage, enclosures, concrete batching plant, workshop and stores, office, parking and welfare facilities, vehicle and pedestrian circulation areas, and relocation of houseboat. Separate area required for temporary slipway construction, use and removal, and works to existing river wall (part of Work No. 5d). Highway and utility works to Lower Richmond Road and the Embankment (part of Work No. 5c). Purposes ancillary or incidental to the above purposes.	Putney Embankment Foreshore
London Borough of Hammersmith & Fulham	124, 125, 127, 127a, 129, 130, 131, 132, 137, 138, 139, 140, 141, 141a, 142, 143, 144, 145, 146, 147, 147a, 147b, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 173, 174, 176, 177	Areas required for shaft construction; main tunnel construction; ventilation equipment and structure construction; tunnel secondary lining (part of Work No. 1b) and strengthening or replacing river walls including utility supplies, temporary jetty or campshed, cranage, enclosures, concrete batching plant, acoustic enclosure, other enclosures, workshop and stores, office, parking and welfare facilities, and vehicle and pedestrian circulation areas. Highway works to Carnwath Road and at the junction of Carnwath Road and Wandsworth Bridge Road. Utility works to Carnwath Road (part of Work No. 6b). Purposes ancillary or incidental to the above purposes.	Carnwath Road Riverside
London Borough of Wandsworth	75, 76, 77, 78, 79, 80, 81, 82, 84, 85, 86, 87, 88, 89, 91, 92, 95, 97, 99a, 100, 103, 104, 109, 110, 111, 117, 118, 119, 120, 121	Areas required for CSO drop shaft construction; Frogmore connection tunnel construction; CSO interception works construction; strengthening and altering or replacing river walls, protection or relocation of sub-station including utility supplies, cranage, enclosures, concrete batching plant, temporary bridge, workshop and stores, office, parking and welfare facilities, utility supplies and vehicle and pedestrian circulation areas. Use of the Causeway (private road). Highway works to Dormay Street and at the junction of Dormay Street, the Causeway and Armoury Way. Utility works to the Causeway (part of Work No. 8c). Purposes ancillary or incidental to the above purposes.	Dormay Street
London Borough of Wandsworth	172, 173, 177, 179, 180	Areas required for CSO drop shaft construction; CSO interception works construction; including utility supplies, cranage, enclosures, concrete batching plant, workshop and stores, office, parking and welfare facilities, and vehicle and pedestrian circulation areas. Highway and utility works to the junction of Buckhold Road and Neville Gill Close (part of Work No. 9b). Purposes ancillary or incidental to the above purposes.	King George’s Park
London Borough of Wandsworth	194, 196, 197, 198, 203, 204, 205, 206, 213, 214, 215, 216, 217, 218, 220, 222, 223	Areas required for CSO drop shaft construction; Falconbrook connection tunnel construction; CSO interception works construction; including utility supplies, cranage, enclosures, concrete batching plant, workshop and stores, office, parking and welfare facilities, and vehicle and pedestrian circulation areas. Highway and utility works to York Road (part of Work No. 10c). Purposes ancillary or incidental to the above purposes.	Falconbrook Pumping Station
Royal Borough of Kensington & Chelsea	2, 3, 4, 9, 10, 11, 12, 13, 14, 15, 16, 18	Areas required for CSO drop shaft construction; Lots Road connection tunnel construction; CSO interception works construction; including utility supplies, temporary campshed, cranage, enclosures, concrete batching plant, workshop and stores, office, parking and welfare facilities, and vehicle and pedestrian circulation areas. Highway works to Lots Road (part of Work No. 11c). Purposes ancillary or incidental to the above purposes.	Cremorne Wharf Depot
Royal Borough of Kensington & Chelsea	27, 28, 29, 31, 33, 40, 41, 45, 46, 47	Areas required for CSO drop shaft construction; Ranelagh connection tunnel construction; CSO interception works construction; Low Level Sewer connection works construction; including temporary campshed, working area in the foreshore, cranage, enclosures, concrete batching plant, workshop and stores, office, parking and welfare facilities, and vehicle and pedestrian circulation areas. Highway and utility works to Chelsea Embankment (part of Work No. 12c). Purposes ancillary or incidental to the above purposes.	Chelsea Embankment Foreshore
London Borough of Wandsworth	234, 237a, 237b, 241, 242, 243, 244, 245, 246, 247, 248, 249, 252, 253, 254, 255, 256, 257, 258, 264, 265, 267, 268, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296	Areas required for shaft construction; main tunnel construction in two directions; ventilation equipment and structure construction, river wall works including utility supplies, temporary jetty, cranage, noise enclosures, other enclosures, concrete batching plant, workshop and stores, office, parking and welfare facilities, and vehicle and pedestrian circulation areas. Highway and utility works to Cringle Street and Kirtling Street (part of Work No. 13b). Purposes ancillary or incidental to the above purposes.	Kirtling Street
London Borough of Wandsworth	297, 299, 300, 301, 302, 308, 310a, 311a, 315, 316, 318, 319, 323, 324	Areas required for CSO drop shaft construction; Heathwall/SWSR connection tunnel construction; two CSO interception works construction; working area in the foreshore; and river wall works including utility supplies, working area in the foreshore, provision of temporary campshed, cranage, enclosures, concrete batching plant, workshop and stores, office, parking and welfare facilities, and vehicle and pedestrian circulation areas. Areas for construction works associated with the temporary relocation of the Battersea Barge. Highway works to Nine Elms Lane (part of Work No. 14c). Purposes ancillary or incidental to the above purposes.	Heathwall Pumping Station
London Borough of Lambeth	5, 5a, 6, 7, 8, 9, 10, 10a, 11, 11a, 11b, 11c, 12, 13, 16, 18, 21, 24, 25, 26, 26a, 27, 31, 32, 34, 34a, 35, 40, 41, 42, 43, 44, 47, 49, 50, 51	Areas required for CSO drop shaft construction; Clapham/Brixton connection tunnel construction; two CSO interception works construction; and protective works to slipway and walls including utility supplies, working areas in the foreshore, temporary campshed, cranage, enclosures, concrete batching plant, workshop and stores, office, parking and welfare facilities, accessways, and vehicle and pedestrian circulation areas. Highway works to Albert Embankment (part of Work No. 15c). Purposes ancillary or incidental to the above purposes.	Albert Embankment Foreshore
City of Westminster	13a, 14, 15, 16, 17, 17b, 19a, 21, 22, 23, 23a, 25, 26, 27, 28	Areas required for CSO drop shaft construction; Regent Street connection tunnel construction; CSO interception works construction; Low Level Sewer connection works construction; working area in the foreshore, provision of temporary campshed, cranage, workshop and stores, office, parking and welfare facilities, and vehicle and pedestrian circulation areas. Areas for construction works associated with the relocation of Tattershall Castle. Highway and utility works to Victoria Embankment (part of Work No. 16c).	Victoria Embankment Foreshore
City of London	2, 3, 4, 5, 15a, 19, 19a, 23, 32, 34, 35, 39, 40, 45, 46	Areas required for CSO drop shaft construction; CSO interception works construction; Low Level Sewer connection works construction; working area in the foreshore; provision of temporary campshed, cranage; workshop and stores, office, parking and welfare facilities, and vehicle and pedestrian circulation areas. Areas for construction works associated with the relocation of Blackfriars Millennium Pier. Areas for construction works associated with the relocation of the President. Highway and utility works to Victoria Embankment (part of Work No. 17b).	Blackfriars Bridge Foreshore
London Borough of Southwark	289, 290, 291, 292, 293, 297, 299, 300, 302	Areas required for construction of drain down pumping station; connection chamber; flow measurement chamber; electrical switchgear and facilities building and associated pipework; including cranage, storage and welfare facilities. Highway and utility works in Maguire Street and Gainsford Street (part of Work No. 18). Purposes ancillary or incidental to the above purposes.	Shad Thames Pumping Station
London Borough of Southwark	15, 16, 17, 18, 21, 22, 24, 26, 27, 28, 31, 39, 40, 41, 42, 44, 45, 46, 47, 48, 49, 50, 51, 52, 61	Areas required for shaft construction; main tunnel construction; and flood wall works including utility supplies, working area in the foreshore, cranage, acoustic and other enclosures, concrete batching plant, workshop and stores, office, parking and welfare facilities, and vehicle and pedestrian circulation areas. Highway works to Bevington Street. Utility works in Loftie Street, Chambers Street and East Lane (part of Work No. 19b). Purposes ancillary or incidental to the above purposes.	Chambers Wharf
London Borough of Southwark	286, 287, 288	Areas required for CSO drop shaft construction; CSO interception works construction; including utility supplies, cranage, enclosures, concrete batching plant, workshop and stores, office, parking and welfare facilities, and vehicle and pedestrian circulation areas. Highway and utility works to Chilton Grove, Yeoman Street and Croft Street (part of Work No. 21b). Purposes ancillary or incidental to the above purposes.	Earl Pumping Station
London Borough of Lewisham	2, 4, 5, 7, 8, 9, 10, 15, 16, 20, 21, 22, 23, 24	Areas required for CSO drop shaft construction; CSO interception works construction; including utility supplies, cranage, enclosures, concrete batching plant, workshop and stores, office, parking and welfare facilities, and vehicle and pedestrian circulation areas. Highway and utility works to Chilton Grove, Yeoman Street and Croft Street (part of Work No. 21b). Purposes ancillary or incidental to the above purposes.	Earl Pumping Station
London Borough of Lewisham	150, 151, 152, 153, 154, 158, 164, 165, 166, 167, 168, 169, 170, 172, 174, 175, 177, 180, 181, 182	Areas required for CSO drop shaft construction; CSO interception works construction including cranage, enclosure, concrete batching plant, workshop and stores, office, parking and welfare facilities, vehicle and pedestrian circulation areas and fire assembly points. Areas for two fire assembly points for school. Highway works to Crossfield Street and Coffey Street. Highway and utility works to Deptford Church Street (part of Work No. 22b). Purposes ancillary or incidental to the above purposes.	Deptford Church Street
Royal Borough of Greenwich	1, 2, 3, 4	Areas required for CSO drop shaft construction; CSO interception works construction; construction including cranage, enclosure, concrete batching plant, workshop and stores, office, parking and welfare facilities, vehicle and pedestrian circulation areas and fire assembly points. Areas for two fire assembly points for school. Highway works to Crossfield Street and Coffey Street. Highway and utility works in Deptford Church Street (part of Work No. 22b). Purposes ancillary or incidental to the above purposes.	Deptford Church Street
Royal Borough of Greenwich	11, 12, 15, 16, 18, 18a, 19, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 46, 47, 48, 49	Areas required for CSO drop shaft construction; Greenwich connection tunnel construction; CSO interception works construction; tunnel secondary lining; and river wall works including utility supplies, cranage, acoustic and other enclosures, concrete batching plant, workshop and stores, office, parking and welfare facilities, and vehicle and pedestrian circulation areas. Highway works to Norman Road (part of Work No. 23b). Purposes ancillary or incidental to the above purposes.	Greenwich Pumping Station
London Borough of Tower Hamlets	21, 21a, 22, 22a, 23, 23a, 24, 25, 32, 33, 34, 35, 36, 36a, 37	Areas required for CSO drop shaft construction; CSO interception works construction; river wall works and replacement or refurbishment of park facilities including utility supplies, working area in the foreshore, campshed, cranage, enclosures, concrete batching plant, workshop and stores, office, parking and welfare facilities, vehicle and pedestrian circulation areas. Highway works to Glamis Road. Utility works in Glamis Road and The Highway (part of Work No. 24b). Purposes ancillary or incidental to the above purposes.	King Edward Memorial Park Foreshore
London Borough of Tower Hamlets	210, 212, 213, 218, 219, 220, 221, 222, 224, 225	Areas required for construction of chamber, kiosk, ventilation column and associated pipework; cranage; storage and welfare facilities. Highway and utility works in Ratcliffe Lane (part of Work No. 25). Purposes ancillary or incidental to the above purposes.	Bekesbourne Street
London Borough of Newham	21, 22, 23, 24, 25, 26, 28, 33	Areas required for shaft construction; ventilation equipment and structure construction; tunnel secondary lining; including utility supplies, cross-river footbridge, cranage, enclosures, concrete batching plant, workshop and stores, office, parking and welfare facilities, and vehicle and pedestrian circulation areas. Purposes ancillary or incidental to the above purposes.	Abbey Mills Pumping Station
London Borough of Newham	34, 35, 36, 37, 38, 39, 48, 52, 53, 58, 59, 60, 61, 62, 63, 64, 65, 66, 66a, 67, 68, 69, 70, 71, 72, 78, 79, 82	Areas required for siphon tunnel construction; shafts construction; other permanent works construction; including utility supplies, cranage, enclosures, concrete batching plant, workshop and stores, office, parking and welfare facilities, and vehicle and pedestrian circulation areas. Purposes ancillary or incidental to the above purposes.	Beckton Sewage Treatment Works

SCHEDULE 15 — DEEMED MARINE LICENCE

PART 1 — GENERAL

Interpretation

1

In this licence—

• (a)

• “the 2008 Act” means the Planning Act 2008;

• “the 2009 Act” means the Marine and Coastal Access Act 2009;

• “the authorised project” has the meaning given in paragraph 3(2);

• “business day” means a day other than a Saturday or Sunday or bank holiday in England;

• “COCP Part A” means the Code of Construction Practice Part A— General Controls (document reference number APP205.01);

• “COCP Part B” means the Code of Construction Practice Part B— Site Specific Requirements (document reference number APP178.03 to 178.49);

• “commence” means beginning to carry out any part of a licensed activity and “commenced” and “commencement” shall be construed accordingly;

• “condition” means a condition in Part 2 of this licence and references in this licence to numbered conditions are to the condition with those numbers in Part 2;

• “environmental statement” means the environmental statement with document reference 6.2 together with the list of Errata to that environmental statement with document references 9.04.01, 9.04.04, 9.04.05 and APP123, and the environmental statement update report (March 2014) with document reference APP208.01, submitted by Thames Water Utilities Limited to support its application for development consent for the authorised project;

• “the licence holder” means Thames Water Utilities Limited and any transferee pursuant to Article 9 of the Order;

• “licensed activity” means the activities specified in Part 1 of this licence;

• “marine area” has the meaning given to ‘UK marine area’ in section 42 of the 2009 Act;

• “MMO” means the Marine Management Organisation;

• “the Order” means the Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014;

• “plans and sections” includes sections, cross-sections, elevations, drawings, specifications, programmes, calculations, method statements, piling method statements, assessments of navigational risk and hydraulic information relating to the construction, carrying out and, where appropriate, removal of any licensed activity;

• “River” means so much of the river Thames, the Thames estuary, rivers, streams, creeks, watercourses and the sea as is within the Port of London Authority’s limits as described in paragraph 2 of Schedule 1 to the Port of London Act 1968;

• “scour and accretion monitoring and mitigation plan” means a plan drawn up detailing the monitoring and mitigation proposals for each specified work prepared in accordance with the scour and accretion monitoring and mitigation strategy;

• “scour and accretion monitoring and mitigation strategy” means the scour and accretion monitoring and mitigation strategy for the licensed activities in the foreshore to be submitted to the MMO in accordance with the principles set out in the four way legal agreement between Thames Water Utilities Limited, the Port of London Authority, the Environment Agency and the Marine Management Organisation dated 3rd March 2014 (as amended 7th August 2014) (APP 183) including, but not limited to, results and clarification of existing and further works and the extent, frequency, and form of the monitoring and mitigation for scour and accretion;

• “site” means any site where the licensed activities will be undertaken as defined in the Order being: Putney Embankment Foreshore; Carnwath Road Riverside; Dormay Street; Cremorne Wharf Depot; Chelsea Embankment Foreshore; Kirtling Street; Heathwall Pumping Station; Albert Embankment Foreshore; Victoria Embankment Foreshore; Blackfriars Bridge Foreshore; Chambers Wharf; Greenwich Pumping Station; King Edward memorial Park Foreshore; and Abbey Mills Pumping Station.

Contacts

2

• (1) Except where otherwise indicated, the main point of contact with the MMO and the address for email and postal returns and correspondence shall be—

Marine Management Organisation

Inshore Marine Licensing Team

Lancaster House

Hampshire Court

Newcastle upon Tyne

NE4 7YH

Tel— 0300 123 1032

Fax— 0191 376 2681

Email—infrastructure@marinemanagement.org.uk

• (2) The contact details for the MMO Marine Pollution Response Team are—

Tel (during office hours)— 0870 785 1050

Tel (outside office hours)— 07770 977 825

Email—dispersants@marinemanagement.org.uk

or such replacement contact details notified to the licence holder in writing by the MMO.

Details of Licensed Marine Activities

3

• (1) Subject to the licence conditions in Part 2, this licence authorises the licence holder(and any agent, contractor or subcontractor acting on their behalf) to carry out any licensable marine activities under section 66(1) of the 2009 Act which—

• (a) form part of, or are related to, the authorised project; and

• (b) are not exempt from requiring a marine licence by virtue of any provision made under section 74 of the 2009 Act.

• (2) In this paragraph “the authorised project” means—

• (a) the development and associated development described in Part 1 of Schedule 1 to the Order, and any other development authorised by articles 21 (remedial works to buildings, or apparatus or equipment) and 42 (statutory undertakers) of the Order, which is development within the meaning of section 32 of the 2008 Act; and

• (b) the ancillary works described in Part 2 of Schedule 1 (authorised project) of the Order, and any other works authorised by the Order which are not development within the meaning of section 32 of the 2008 Act.

PART 2 — CONDITIONS APPLYING TO CONSTRUCTION ACTIVITIES

NOTIFICATIONS AND INSPECTIONS

Notice of Transfer of Benefit

4

The licence holder shall serve notice in writing of any transfer made pursuant to Article 9 (transfer of benefit of order) upon the MMO together with a copy of the instrument of deed effecting such transfer within 10 business days of any such transfer.

Notification of person responsible for the carrying out of licensed activity

5

The licence holder shall serve a copy of its application to discharge PW4 upon the MMO within 10 business days of the submission of such application.

• In this condition “PW4” means the requirement described in the fourth entry of the table within paragraph 2 of Schedule 3 (requirements) to the Order.

6

The licence holder shall inform the MMO in writing of the intended start date and the likely duration of licensed activities on a site at least 10 business days prior to the commencement of the first licensed activity on that site.

Prior Approval of Licensed Activities

7

• (1) Prior to the commencement of a licensed activity, the licence holder shall submit details of the licensed activity to the MMO for approval in accordance with the procedure in Part 3, in consultation with the Environment Agency and Port of London Authority.

• (2) Unless otherwise agreed by the MMO in writing, the details in subparagraph (1) shall include—

• (a) the details of the person responsible for the carrying on of the licensed activity;

• (b) the location of the licensed activity;

• (c) the duration of the licensed activity;

• (d) plans and sections;

• (e) details of where the licensed activity was assessed in the Environmental Statement;

• (f) details of materials to be placed in or removed from the marine area;

• (g) timings of activities;

• (h) environmental mitigation measures;

• (i) where a licensed activity involves dredging, a characterisation of the dredge material (including sample analysis as may be directed from time to time by the MMO), dredging volumes and waste disposal locations and quantities; and

• (j) an outline decommissioning plan regarding the removal of any equipment, temporary structures, waste or debris associated with any part of the licensed activity.

• (3) The licensed activity shall be carried out in accordance with the approval of the MMO.

Scour and Accretion Monitoring and Mitigation

8

• (1) The licence holder must submit to the MMO for approval a scour and accretion monitoring and mitigation strategy. The MMO will issue their decision in respect of the scour and accretion monitoring and mitigation strategy:

• (a) by 30th September 2014; or

• (b) within 5 days of the grant of the DCO; or

• (c) by the expiry of 20 business days from receipt of the scour and accretion monitoring and mitigation strategy submission to the MMO,

• (d) whichever is the latest.

• (2) Prior to the commencement of any part of a licensed activity, a scour and accretion monitoring and mitigation plan for that licensed activity shall be prepared by the licence holder in accordance with the agreed scour and accretion monitoring and mitigation strategy in consultation with the MMO, and submitted to the MMO for approval, in accordance with the procedure in Part 3.

• (3) The carrying out of any licensed activity shall proceed only in accordance with the agreed scour and accretion monitoring and mitigation plan approved under condition 8(2).

Construction Environment Management Plan

9

• (1) Prior to the commencement of licensed activities on a site the licence holder shall submit to the MMO, for approval in accordance with the procedure in Part 3, those parts of a Construction Environment Management Plan for that site (prepared pursuant to the COCP Part A as modified by the COCP Part B for that site) which relate to construction in the marine environment for that site.

• (2) The relevant parts of the Construction Environment Management Plan which relate to construction in the River environment shall include details (inter alia) of the following—

• (a) how the lighting and marking of the licensed activities at that site will mitigate impact on the marine environment;

• (b) measures to protect the River environment from pollutant effects of materials used for or associated with the licensed activities at that site, including methods to mitigate the effects of re-suspension of sediment;

• (c) measures to protect the River environment from the impact of piling associated with the licensed activities at that site;

• (d) mitigation methods to protect the foreshore from damage associated with the licensed activities at that site;

• (e) a pollution incident response plan to include details of how impacts on the River environment will be mitigated in the event of accidental spillage or other pollution event; and

• (f) measures for the clearance of the site of equipment, temporary structures (other than those which will remain to mitigate environmental and navigation impacts), waste and debris associated with the licensed activities on the completion of licensed activities at that site.

Concrete and Cement

10

The licence holder shall ensure that no waste concrete slurry or wash water from concrete or cement is discharged into the marine area. Concrete and cement mixing and washing areas must be sited at least 10 metres from any watercourse or surface water drain to minimise the risk of run off entering a watercourse.

Coatings and Treatments

11

The licence holder shall ensure that any coatings and any treatments are suitable for use in the marine area and are used in accordance with either guidelines approved by the Health and Safety Executive or the Environment Agency Pollution Prevention Control Guidelines.

Spills etc.

12

The licence holder shall—

• (a) store, handle, transport and use fuels, lubricants, chemicals and other substances so as to prevent releases into the marine environment, including bunding of 110% of the total volume of all reservoirs and containers;

• (b) report any spill of oil, fuel or chemicals into the marine area to the MMO Marine Pollution Response Team within 24 hours of the spill occurring; and

• (c) ensure that all waste is stored in designated areas that are isolated from surface water drains and open water and are bunded.

Percussive Piling

13

Where a licensed activity involves percussive piling the licence holder shall ensure that all soft-start procedures are used for at least 20 minutes to ensure an incremental increase in pile power over a set period of time until full operational power is achieved. Should piling cease for at least 10 minutes the soft-start procedures must be repeated.

Agents, Contractors and Sub-Contractors

14

• (1) The licence holder shall—

• (a) notify the MMO in writing of any agents, contractors or sub-contractors that will carry out licensed activities on behalf of the licence holder. Such notification must be received by the MMO at least 24 hours before the commencement of the licensed activities; and

• (b) ensure that a copy of this licence and any subsequent amendments are provided to, read and understood by those agents, contractors or sub-contractors.

• (2) Only those agents, contractors or sub-contractors notified to the MMO in accordance with condition 14(1)(a) are permitted to carry out the licensed activities.

Vessels

15

• (1) The licence holder shall—

• (a) notify the MMO in writing of any vessel to be used to carry on licensed activities. Such notification must be received by the MMO at least 24 hours before the commencement of the licensed activities. Notification must include the master’s name, vessel type, vessel IMO number and the name of the vessel’s owner or operating company; and

• (b) ensure that a copy of this licence and any subsequent amendments are provided to, read and understood by the masters of a vessel notified under condition 15(1)(a), and that a copy of this licence and any subsequent amendments is held on board any such vessel.

• (2) Only those vessels notified to the MMO under condition 15(1)(a) are permitted to carry out the licensed activities.

Notice of Completion of Licensed Activity

16

The licence holder shall inform the MMO, in writing no more than 10 business days following the completion of the last licensed activity.

Changes to this Licence

17

The licence holder shall notify the MMO at the earliest opportunity of any change to the information upon which the granting of the deemed marine licence was based.

PART 3 — PROCEDURE FOR THE DISCHARGE OF CONDITIONS

Meaning of “application”

18

In this Part, “application” means a submission by the licence holder for approval under conditions 7, 8 or 9.

Further information regarding application

19

• (1) The MMO may request in writing such further information from the licence holder as is necessary to enable the MMO to consider the application.

• (2) In the event that the MMO does not make a request in accordance with condition 19(1) above, it shall be deemed to have sufficient information to consider the application and shall not thereafter be entitled to request further information without the prior agreement of the licence holder.

Determination of application

20

• (1) In determining the application the MMO may have regard to —

• (a) the application and any supporting information or documentation;

• (b) any further information provided by the licence holder in accordance with paragraph 19; and

• (c) such other matters as the MMO thinks relevant.

• (2) Having considered the application the MMO must —

• (a) grant the application unconditionally;

• (b) grant the application subject to the conditions as the MMO thinks fit; or

• (c) refuse the application.

Notice of Determination

21

• (1) Subject to condition 21 (2) or (3), the MMO shall give notice to the licence holder of the determination of the application within 35 business days of the day immediately following that on which the application is received by the MMO.

• (2) Where the MMO has made a request under paragraph 19, the MMO shall give notice to the licence holder of the determination of the application no later than 65 business days of the day immediately following that on which the application is received by the MMO.

• (3) The MMO and the licence holder may agree in writing a longer period of time for the provision by the MMO of a notice under condition 21(1) such period to be no more than 65 days from the day immediately following that on which the application is received.

• (4) Where the MMO refuses the application the refusal notice must state the reasons for the refusal.

• (5) Where notice is not given by the MMO in accordance with condition 21(1) or (2) the application is deemed to have been refused.

Arbitration

22

• (1) Subject to condition 22(2), any difference under any provision of this licence shall, unless otherwise agreed between the MMO and the licence holder, be referred to and settled by a single arbitrator to be agreed between the MMO and the licence holder or, failing agreement, to be appointed on the application of either the MMO or the licence holder (after giving notice in writing to the other) by the President of the Institution of Civil Engineers.

• (2) Nothing in condition 21(1) or (2) shall be taken, or shall operate so as to, fetter or prejudice the statutory rights, powers, discretions or responsibilities of the MMO.

SCHEDULE 16 — PROVISIONS FOR PROTECTION OF SPECIFIED UNDERTAKERS

PART 1 — ELECTRICITY AND GAS UNDERTAKERS

SECTION 1 — National Grid electricity and gas

Application

1

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

Interpretation

2

In this Part of this Schedule—

• “1991 Act” means the New Roads and Street Works Act 1991;

• “alternative apparatus” means alternative apparatus adequate to enable the undertaker in question to fulfil its statutory or licensed functions in a manner no less efficient than previously;

• “apparatus” means— in the case of an electricity undertaker, electric lines or electrical plant as defined in the Electricity Act 1989, belonging to or maintained by that undertaker; in the case of a gas undertaker, any mains, pipes or other apparatus belonging to or maintained by a gas transporter for the purposes of gas supply;

• “connection work” means the actual placing, erection, installation, bedding, packing, removal, connection or disconnection of any apparatus or, where the apparatus is laid in a trench, execute any filling around the apparatus within 500 millimetres (measured in any direction) of the apparatus where the apparatus is operating or only capable of operating at below 7 bar pressure or within 3000 millimetres of the apparatus where the apparatus is operating or is capable of operating at or in excess of 7 bar pressure “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” shall include the ability and right to do any of the following in relation to any apparatus or alternative apparatus of the undertaker including construct, use, repair, alter, inspect, renew or remove the apparatus “plan” or “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;

• “promoter” means the undertaker as defined in article 2 of this Order;

• “undertaker” means— National Grid Electricity Transmission plc as a licence holder within the meaning of Part 1 of the Electricity Act 1989; and National Grid Gas plc as a gas transporter within the meaning of Part 1 of the Gas Act 1986.

3

Except for paragraphs 4 (Apparatus of undertakers in stopped up streets), 10 (Retained apparatus— protection of gas undertakers) and 11 (Retained apparatus— protection of electricity undertakers), 12 (Expenses) and 13 (Indemnity) this Schedule does not apply to apparatus in respect of which the relations between the promoter and the undertaker are regulated by the provisions of Part 3 of the 1991 Act.

Apparatus of Undertakers in stopped up streets

4

• (1) Where any street is stopped up under article 13 (stopping up of streets), any undertaker whose apparatus is in the street or accessed via that street shall be entitled to the same rights in respect of such apparatus as it enjoyed immediately before the stopping up and the promoter will grant to the undertaker legal easements reasonably satisfactory to the specified undertaker in respect of such apparatus and access to it prior to the stopping up of any such street or highway.

• (2) Notwithstanding the temporary stopping up or diversion of any highway under the powers of article 15 (temporary stopping up of streets), an undertaker shall be at liberty at all times to take all necessary access across any such stopped up highway and or to execute and do all such works and things in, upon or under any such highway as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the stopping up or diversion was in that highway.

Protective works to buildings

5

• (1) The promoter, in the case of the powers conferred by article 20 (protective work to buildings and structures), shall so exercise those powers as not to obstruct or render less convenient the access to any apparatus without the written consent of the undertaker and, if by reason of the exercise of those powers any damage to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal or abandonment) or property of any undertaker or any interruption in the supply of electricity, gas or water, as the case may be, by the undertaker is caused, the promoter shall—

• (a) repay the cost reasonably incurred by the undertaker in making good such damage or restoring the supply; and

• (b) indemnify the undertaker against all losses claims, demands, proceedings, costs, damages and expenses which may be made or taken against or recovered from or incurred by that undertaker, by reason of any such damage or interruption.

• (2) Nothing in this paragraph shall impose any liability on the promoter with respect to any damage or interruption to the extent that such damage or interruption is attributable to the act, neglect or default of an undertaker or its officers servants contractors workmen or other agents; and the undertaker shall give to the promoter reasonable notice of any claim or demand as aforesaid and no settlement or compromise thereof shall be made without the prior written consent of the promoter which shall not be unreasonably withheld or delayed.

Acquisition of land

6

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

Removal of apparatus

7

• (1) If, in the exercise of the agreement reached in accordance with paragraph (6) or in any other authorised manner, the promoter 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 undertaker 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 undertaker in question in accordance with sub-paragraph (2) to (8) inclusive.

• (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 promoter requires the removal of any apparatus placed in that land, it shall give to the undertaker in question 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 an undertaker reasonably needs to remove any of its apparatus) the promoter shall, subject to sub-paragraph (3), afford to the undertaker to their satisfaction (taking into account paragraph 9(1) below) the necessary facilities and rights for

• (a) the construction of alternative apparatus in other land of the promoter; 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 promoter, or the promoter 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 undertaker in question shall, on receipt of a written notice to that effect from the promoter, take such steps as are reasonable in the circumstances in an endeavour to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed save that this obligation shall not extend to the requirement for the undertaker to use its compulsory purchase powers to this end unless it elects to so do.

• (4) Any alternative apparatus to be constructed in land of the promoter under this part of this Schedule shall be constructed in such manner and in such line or situation and in accordance with such programme as may be agreed between the undertaker in question and the promoter.

• (5) The undertaker in question shall, after the alternative apparatus to be provided or constructed has been agreed, and subject to the grant to the undertaker of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay in accordance with the agreed programme to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the promoter to be removed under the provisions of this part of this Schedule.

• (6) If the promoter gives notice in writing to the undertaker that it desires to carry out any part of any work to which this paragraph applies, such work, instead of being carried out by the undertaker, may be carried out by the promoter with the prior written consent of the undertaker (which shall not be unreasonably withheld or delayed and shall be subject to any such conditions as are reasonable and proper to protect the apparatus) in accordance with the plans to which the undertaker has confirmed (or is deemed to have confirmed) in accordance with paragraph 8, with all reasonable despatch under the superintendence (if given) and to the reasonable satisfaction of the undertaker.

• (7) The undertaker shall, within 14 days after the undertaker has confirmed (or is deemed to have confirmed) that it has no objection to the plans for the necessary work in accordance with paragraph 8 and after the grant to or obtaining by the undertaker of any such facilities and rights as referred to in sub-paragraph (2) or (3), supply the promoter with the name of its approved contractor and the promoter shall be responsible for the engagement of the contractor on such terms and conditions as the promoter thinks fit.

• (8) If the undertaker does not provide the name of its approved contractor within the period required by sub-paragraph (7), the promoter shall be entitled to carry out the necessary work using such contractor as it thinks fit, being a contractor who appears to the promoter, following reasonable enquiry of the undertaker, to be competent and suitably qualified to carry out that work.

• (9) In carrying out any work under sub-paragraph (6) the promoter shall comply with all statutory obligations which would have been applicable had the works been carried out by the undertaker

• (10) Nothing in sub-paragraph (6) shall authorise the promoter to carry out any connection work

Approval of plans for Alternative Apparatus

8

Not less than 56 days before the date on which the promoter intends to commence, or requires the undertaker to commence, the construction of any alternative apparatus, the promoter shall submit to the undertaker for approval plans of the alternative apparatus detailing:

• (a) the exact position of the alternative apparatus;

• (b) the level at which the alternative apparatus is proposed to be constructed;

• (c) the manner of construction of the alternative apparatus; and

• (d) the indicative cost of and programme for the construction of the alternative apparatus

• (2) Within 42 days (or such longer period as the parties may agree) following receipt of the plans under sub-paragraph (1), the undertaker shall respond to the promoter either:

• (a) confirming that it has no objection to the plans; or

• (b) specifying (with reasons) its objections to the plans and (if the undertaker considers it appropriate to do so) suggesting any changes which in its opinion are needed in order to remove the objections in which event the promoter shall revise and resubmit the plans and the provision of this paragraph 8 shall apply to the plans as so revised; or

• (c) specifying the further information which it requires in order to assess the plans.

• (3) If the undertaker fails to respond to the promoter within 42 days (or such longer period as the parties may agree) and provided that paragraph 10(5) has been complied with it shall be deemed to have confirmed that it has no objection to the plans.

• (4) Any dispute between the parties in relation to this paragraph (8) shall be resolved in accordance with paragraph 18

• (5) For the avoidance of doubt, nothing in this paragraph 8 shall be construed as permitting the promoter to carry out work in connection with the construction of alternative apparatus or the removal of apparatus without first obtaining the undertaker’s prior written consent in accordance with paragraph 7(6).

Facilities and rights for alternative apparatus

9

• (1) Where, in accordance with the provisions of this part of this Schedule, the promoter affords to an undertaker facilities and rights for the construction and maintenance in land of the promoter 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 promoter and the undertaker in question and shall be no less favourable on the whole to the undertaker in question than the facilities and rights enjoyed by it in respect of the apparatus to be removed unless agreed by the undertaker.

• (2) If the facilities and rights to be afforded by the promoter and agreed with the undertaker under 8(1) above 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 the undertaker 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 in the matter shall be referred to arbitration and, the arbitrator shall make such provision for the payment of compensation by the promoter to that undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

• (3) The promoter and the undertaker agree that where there is any inconsistency or duplication between the provisions set out in this Schedule relating to the relocation and or removal of apparatus (including but not limited to the payment of costs and expenses relating to such relocation and or removal of apparatus) and the provisions of any existing easements rights agreements and licences granted used enjoyed or exercised by the undertaker as of right or otherwise in relation to the apparatus then the provisions in this Schedule shall prevail.

Retained apparatus: protection Gas Undertakers

10

• (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 promoter under paragraph 7(2) or otherwise, the promoter shall submit to the undertaker in question 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 the undertaker under sub-paragraph (1) shall be detailed including a material statement and describing—

• (a) the exact position of the works;

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

• (c) the manner of their construction or renewal including details of excavation, positioning of plant etc;

• (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) Within 42 days (or such longer period as the undertaker and the promoter may agree) following receipt of the plans under sub-paragraph (1) the undertaker shall respond to the promoter either:

• (a) confirming that it has no objection to the plans together with its reasonable requirements for the removal, alteration, or otherwise for the protection, of any apparatus, or for securing access thereto; or

• (b) specifying (with reasons) its objections to the plans and (if the undertaker considers it appropriate to do so) suggesting any changes which in its opinion are needed in order to remove the objections in which event the promoter shall revise and resubmit the plans and the provision of this sub-paragraph (3) shall apply to the plans as so revised; or

• (c) specifying the further information which it requires in order to assess the plans.

• (4) If the undertaker fails to respond to the promoter within 42 days (or such longer period as the undertaker and the promoter may agree) and provided that sub-paragraph 5 has been complied with it shall be deemed to have confirmed that it has no objection to the plans.

• (5) When submitting the plans to the undertaker pursuant to paragraph 8 or sub-paragraph (1) or paragraph 11(1) the promoter shall send the plans to the undertaker (in hard copy only) by recorded post to National Grid Plant Protection, Brick Kiln Street, Hinckley, Leicestershire LE10 ONA and the registered office of the undertaker (or such other address as the undertaker may notify the promoter in writing from time to time). In the event that the promoter has not received a response from the undertaker in accordance with paragraph 8 or sub-paragraph (3) or paragraph 11(3) within 21 days of submission of the plans under paragraph 8 or sub-paragraph (1) or paragraph 11(1), the promoter shall issue a written reminder to the undertaker by recorded post to both of the aforementioned addresses.

• (6) Works executed under this Order shall 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 promoter and the undertaker and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) or (7) by the undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the undertaker shall be entitled to watch and inspect the execution of those works.

• (7) Where undertakers require any protective works to be carried out either themselves or by the promoter (whether of a temporary or permanent nature) such protective works shall be carried out to the undertakers’ satisfaction prior to the carrying out of any works authorised by the Order (or any relevant part thereof) and the undertakers shall give 56 days’ notice of such works from the date of submission of a plan in line with sub-paragraph (1) or (9) (except in an emergency).

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

• (9) Nothing in this paragraph shall preclude the promoter 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 shall apply to and in respect of the new plan.

• (10) The promoter shall not be 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 shall give to the undertaker in question notice as soon as is reasonably practicable and a plan of those works and shall—

• (a) comply with sub-paragraph (6) and (7) insofar 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 under the Order 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/SSW27” and HSE’s “HS(~G)47 Avoiding Danger from underground services”.

• (12) Any dispute between the parties in relation to this paragraph 10 shall be resolved in accordance with paragraph 18.

Retained apparatus: Protection: Electricity Undertakers

11

• (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 promoter under paragraph 7(2) or otherwise, the promoter shall submit to the undertaker in question a plan.

• (2) In relation to works which will or may be situated on, over, under or within 8.1 metres measured in any direction of any apparatus, or involve embankment works within 8.1 metres of any apparatus, the plan to be submitted to the undertaker under sub-paragraph (1) shall be detailed including a material statement and describing—

• (a) the exact position of the works;

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

• (c) the manner of their construction or renewal including details of excavation, 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) Within 42 days (or such longer period as the undertaker and the promoter may agree) following receipt of the plans under sub-paragraph (1) the undertaker shall respond to the promoter either:

• (a) confirming that it has no objection to the plans together with its reasonable requirements for the removal, alteration, or otherwise for the protection, of any apparatus, or for securing access thereto; or

• (b) specifying (with reasons) its objections to the plans and (if the undertaker considers it appropriate to do so) suggesting any changes which in its opinion are needed in order to remove the objections in which event the promoter shall revise and resubmit the plans and the provision of this sub-paragraph (3) shall apply to the plans as so revised; or

• (c) specifying the further information which it requires in order to assess the plans.

• (4) If the undertaker fails to respond to the promoter within 42 days (or such longer period as the undertaker and the promoter may agree) and provided that paragraph 10(5) has been complied with it shall be deemed to have confirmed that it has no objection to the plans. Works executed under this Order shall be executed only in accordance with the plan, submitted under sub-paragraph (1) or as relevant sub paragraph (7), as amended from time to time by agreement between the promoter and the undertaker and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) or (5) by the undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the undertaker shall be entitled to watch and inspect the execution of those works.

• (5) Where undertakers require any protective works to be carried out either themselves or by the promoter (whether of a temporary or permanent nature) such protective works shall be carried out to the undertakers’ satisfaction prior to the carrying out of any works authorised by the Order (or any relevant part thereof) and the undertakers shall give 56 days’ notice of such works from the date of submission of a plan in line with sub-paragraph (1) or (7) (except in an emergency).

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

• (7) Nothing in this paragraph shall preclude the promoter 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 shall apply to and in respect of the new plan.

• (8) The promoter shall not be 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 shall give to the undertaker in question notice as soon as is reasonably practicable and a plan of those works and shall—

• (a) comply with sub-paragraph (4) and (5) insofar as is reasonably practicable in the circumstances; and

• (b) comply with sub-paragraph (9) at all times.

• (9) At all times when carrying out any works authorised under the Order comply with National Grid’s policies for development near over headlines EN43-8 and HSE’s guidance note 6 “Avoidance of Danger from Overhead Lines”.

• (10) Any dispute between the parties in relation to this paragraph 11 shall be resolved in accordance with paragraph 18.

Expenses

12

• (1) Subject to the following provisions of this paragraph, the promoter shall repay to an undertaker on demand all charges, costs and expenses reasonably incurred by that undertaker 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 the undertaker elects to use CPO powers to acquire any necessary rights under 7(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 shall 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 promoter or in default of agreement settled by arbitration in accordance with article 63 (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 undertaker in question by virtue of sub-paragraph (1) shall be reduced by the amount of that excess save where it is not possible in the circumstances to obtain the existing type of operations, capacity, dimensions or place at the existing depth in which case full costs shall be borne by the promoter.

• (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 pipe or 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 undertaker 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 undertaker 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.

• (6) In any case where work is carried out by the promoter pursuant to paragraph 7(6) and, if such work had been carried out by the undertaker, the repayment made to undertaker under paragraph 12 would fall to be reduced pursuant to paragraphs 12(1) to 12(4), the undertaker shall pay to the promoter such sum as represents the amount of that reduction

• (7) The undertaker shall from time to time submit to the promoter estimates of the reasonable expenses it reasonably expects to incur in relation to the items set out at paragraph 12(1), for agreement by the promoter.

• (8) The promoter and the undertaker will use all reasonable endeavours to agree the amount of any estimates submitted by the undertaker under sub-paragraph (7) within 21 days following receipt of such estimates by the promoter. The promoter shall confirm its agreement to the amount of such estimates in writing and shall not unreasonably withhold or delay such agreement. If the promoter and the undertaker are unable to agree the amount of an estimate, it shall be dealt with in accordance with paragraph 18.

• (9) Work in relation to which an estimate is submitted under sub-paragraph (7) shall not be commenced until the estimate is agreed under sub-paragraph (8) (unless this requirement is waived by the promoter in writing) and a purchase order number up to the value of the approved estimate has been issued by the promoter to the undertaker. The promoter shall issue the purchase order number within 21days of the estimate being agreed under sub-paragraph (8).

• (10) In the event that the undertaker requires funds to be provided by the promoter in advance of carrying out any works to relocate apparatus in accordance with paragraph 7, the undertaker shall be entitled to submit an invoice to the promoter for the anticipated costs and expenses and the provisions of sub-paragraph (12) shall apply. If the actual costs and expenses incurred by the undertaker in connection with such works are less than the anticipated costs and expenses paid to it by the promoter, then the undertaker shall pay to the promoter such sum as represents the amount of the difference between the anticipated costs and expenses paid by the promoter and the actual costs and expenses incurred by the undertaker.

• (11) If the undertaker at any time becomes aware that an estimate agreed under sub-paragraph (8) has been or is likely to be exceeded, it shall forthwith notify the promoter and shall submit a revised estimate of the relevant costs and expenses to the promoter for agreement. The provisions of sub-paragraphs (8) to (10) (mutatis mutandis) shall apply to such revised estimate, except that the period referred to in sub-paragraph (8) shall be reduced to 7 days.

• (12) The undertaker may from time to time, and at least twice a year (and in any event within 12 months of the costs and expenses being incurred) will, issue to the promoter invoices for costs and expenses incurred or, in the case of the costs referred to in sub-paragraph (10), anticipated to be incurred up to the date of the relevant invoice, up to the amount of the relevant estimate agreed under sub-paragraph (8) or (as the case may be) the revised estimate agreed under sub-paragraph (11). Invoices issued to the promoter for payment shall:

• (a) specify the approved purchase order number;

• (b) be supported by timesheets and or narratives that demonstrate that the work invoiced has been completed in accordance with the agreed estimate; and

• (c) be paid within 28 days of their being received by the promoter’s accounts department.

• (13) The promoter shall not be responsible for meeting costs or expenses in excess of an estimate agreed under sub-paragraph (8) (and the undertaker shall not be obliged to incur any costs or expenses in excess of such agreed estimate) unless and until (and then only to the extent that) the promoter has agreed a revised estimate pursuant to sub-paragraph (11).

• (14) Any amount properly due to the undertaker under this Schedule which is not paid by the date specified in sub-paragraph (12) thereafter carry interest at the rate of 2% above the Bank of England base rate from time to time for the period from such date up to and including the date on which payment (including accrued interest) is made.

Indemnity

13

• (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any such 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 promoter or in consequence of any act or default of the promoter (or any person employed or authorised by him) in the course of carrying out such works, including without limitation works carried out by the promoter 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 an undertaker, or there is any interruption in any service provided, or in the supply of any goods, by any undertaker, or the undertaker becomes liable to pay any amount to any third party, the promoter shall—

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

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

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

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

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

Ground subsidence monitoring scheme in respect of Undertaker’s apparatus

14

• (1) No works of the type referred to in paragraphs 10(1) or 11(1) shall 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 undertaker’s apparatus has been submitted to and approved by the relevant undertaker, such approval not to be unreasonably withheld or delayed.

• (2) The ground subsidence monitoring scheme described in sub-paragraph (1) shall set out—