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The Willington C Gas Pipeline Order 2014

Type Statutory-Instrument

Publication 2014-12-16

Last updated 2017-12-28

State In force

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Made: 16th December 2014

Coming into force: 7th January 2015

Accordingly, the Secretary of State, in exercise of the powers in sections 114 and 120 of the 2008 Act, makes the following Order:

PART 1 — PRELIMINARY

Citation and commencement

1

This Order may be cited as the Willington C Gas Pipeline Order 2014 and comes into force on 7th January 2015.

Interpretation

2

(1) In this Order—

“1961 Act” means the Land Compensation Act 1961[^f00003];

“1965 Act” means the Compulsory Purchase Act 1965[^f00004];

“1980 Act” means the Highways Act 1980[^f00005];

“1990 Act” means the Town and Country Planning Act 1990[^f00006];

“1991 Act” means the New Roads and Street Works Act 1991[^f00007];

“1997 Regulations” means the Hedgerows Regulations 1997[^f00008];

“2008 Act” means the Planning Act 2008;

“address” includes any number or address used for the purposes of electronic transmission;

“authorised development” means the development and associated development described in Part 1 of Schedule 1 (authorised development) and any other development authorised by this Order that is development within the meaning of section 32 of the 2008 Act;

“book of reference” means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order;

“building” includes any structure or erection or any part of a building, structure or erection;

“carriageway” has the same meaning as in the 1980 Act[^f00009];

“commence” means begin to carry out any material operation (as defined in section 56(4) of the 1990 Act[^f00010]) forming part of the authorised development other than operations consisting of—ecological or archaeological investigations;investigations for the purpose of assessing ground conditions;remedial work in respect of any contamination or other adverse ground conditions;the diversion and laying of services;the erection of any temporary means of enclosure;the temporary display of site notices or advertisements; andfor the purpose of the operations referred to in sub-paragraphs (a) to (f), the cutting of vegetation, other than the cutting of vegetation authorised by article 32 (felling or lopping of trees, etc.);and “commencement” must be construed accordingly;

“compulsory acquisition notice” means a notice served in accordance with section 134 of the 2008 Act[^f00011];

“electronic transmission” means a communication transmitted—by means of an electronic communications network; orby other means but while in electronic form;

“environmental statement” means the environmental statement certified by the Secretary of State as the environmental statement for the purposes of this Order;

“highway” has the same meaning as in the 1980 Act[^f00012];

“land plans” means the plans certified as the land plans by the Secretary of State for the purposes of this Order;

“limits of deviation” means the areas shown on the works plans (within a broken red line) and referred to in article 7 (limits of deviation);

“local highway authority” means Staffordshire County Council or Derbyshire County Council as appropriate for the area in which the land to which the provisions of this Order apply is situated or any successors to their statutory functions as highway authorities;

“maintain” (except as provided in Part 5 of Schedule 9) includes inspect, maintain, adjust, alter, repair, test, cleanse, re-lay, divert (in accordance with articles 5 (maintenance and diversion of authorised development) and 7 (limits of deviation)), make safe, decommission, reconstruct, demolish, abandon, replace, remove and improve the authorised development or any of its parts (but not so as to vary from the description of the authorised development in Schedule 1); and any derivative of “maintain” must be construed accordingly;

“National Grid Electricity” means National Grid Electricity Transmission plc (company registration number 02366977) or any successor company performing the same functions;

“National Grid Gas” means National Grid Gas plc (company registration number 02006000) or any successor company performing the same functions;

“NG works” means those works to be constructed, owned and operated by National Grid Gas and described in Part 1 of Schedule 1 as (a) Works No.2 (shown on sheet 1 of the works plans) and (b) those works within Works No.3 which comprise National Grid Gas’s part of the above-ground installation, and are shown within the turquoise bounded area on the Yoxall AGI plan;

“Order land” means the land shown on the land plans that is within the limits of land to be acquired or used and described in the book of reference;

“Order limits” means the limits (including the limits of deviation, the works limits and any additional land to be used) shown by a blue line on the works plans within which the authorised development may be carried out;

“owner”, in relation to land, has the same meaning as in section 7 of the Acquisition of Land Act 1981[^f00013];

“relevant planning authority” means South Derbyshire District Council or East Staffordshire Borough Council as appropriate for the area in which the land to which the provisions of this Order apply is situated;

“Requirement” means a Requirement set out in Part 2 of Schedule 1; and a reference to a numbered Requirement is a reference to the Requirement set out in the paragraph of the same number in that Part;

“statutory undertaker” means any person falling within sections 127(8) and 138(4A) of the 2008 Act[^f00014] or who has the benefit of the protective provisions in Schedule 9;

“street” means a street within the meaning of section 48 of the 1991 Act[^f00015], together with land on the verge of a street or between two carriageways, and includes part of a street;

“street authority”, in relation to a street, has the same meaning as in Part 3 of the 1991 Act[^f00016];

“tribunal” means the Lands Chamber of the Upper Tribunal;

“undertaker” means RWE Generation UK plc[^f00017] (company registration number 03892782) or a successor body, or any other person, to whom RWE Generation UK plc transfers or grants any or all of the benefit of this Order in accordance with article 9 (consent to transfer benefit of Order);

“watercourse” includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain;

“works limits” means the limits of land shown by a broken green line on the works plans within which the authorised development can be carried out and maintained;

“works plans” means the plans certified as the works plans by the Secretary of State for the purposes of this Order;

“Yoxall AGI plan” means the plan certified as the Yoxall AGI plan by the Secretary of State for the purposes of this Order;

“Yoxall AGI site” means the land hatched blue on sheet 1 of the works plans and shown on the Yoxall AGI plan.

(2) References in this Order to rights over land include references to rights to do or to place and maintain, anything in, on or under land or in the air-space above its surface.

(3) All distances, directions and lengths referred to in this Order are approximate.

(4) All areas described in the book of reference are approximate.

(5) References in this Order to a numbered Work are references to a work numbered in Part 1 of Schedule 1.

Application and modification of legislative provisions

3

(1) Regulation 6(1) of the 1997 Regulations applies to the development consent granted by this Order except that it is modified so as to read for the purposes of this Order only as if there were inserted after sub-paragraph (e) the following—

(ea) for the carrying out of development for which development consent has been granted under the Planning Act 2008.

(2) Section 78(1) of the 1990 Act[^f00018] applies to the development consent granted by this Order and to the Requirements except that it is modified so as to read for the purposes of this Order only as if there were inserted after paragraph (b) the following—

(ba) refuse an application for any consent, agreement or approval of that authority required by a requirement imposed on a grant of development consent or contained in a development consent order, or grant it subject to conditions; (bb) refuse an application for any consent, agreement or approval of that authority required by a condition imposed on any consent, agreement or approval of that authority given pursuant to a requirement imposed on a grant of development consent or contained in a development consent order; (bc) fail to give notice to the applicant of their decision on an application of the kind referred to in (ba) or (bb), within the time prescribed by a development order or such extended time as may at any time be agreed in writing between the applicant and the planning authority; or

(3) Sections 78 and 79 of the 1990 Act[^f00019] have effect in relation to any appeal under section 78(1) as so applied.

(4) Regulation 16 of the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012[^f00020] applies to any application to discharge a Requirement as if the Requirement were a condition attached to the grant of planning permission.

(5) Any orders, rules or regulations that apply to applications pursuant to conditions or the subject matter of section 78 of the 1990 Act apply to any application or appeal made under that section as modified by this article, insofar as those provisions are not inconsistent with the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 and any orders, rules or other regulations made under the 2008 Act.

(6) Appeals by the undertaker under section 78 of the 1990 Act as modified by this article must be dealt with by the Secretary of State and appropriate Minister as if the appeal were made by a statutory undertaker against a determination of an application to which section 266(1) of the 1990 Act applies, provided that the undertaker making the appeal holds a licence under section 6 of the Electricity Act 1989[^f00021].

PART 2 — PRINCIPAL POWERS

4

Subject to the provisions of this Order and to the Requirements, the undertaker is granted development consent for the authorised development to be carried out within the Order limits.

Maintenance and diversion of the authorised development

5

(1) The undertaker may at any time maintain the authorised development within the works limits and, in so far as a diversion would not be contrary to section 21 of the 2008 Act, divert the authorised development within the limits of deviation.

(2) Any diversion of the authorised development is subject to the provisions of this Order and the Requirements.

(3) No maintenance works whose likely significant effects on the environment are not described in the environmental statement may take place, except for maintenance works associated with an emergency.

Operation and use of authorised development

6

The undertaker may at any time operate and use the authorised development, except to the extent that this Order or an agreement made under this Order provides otherwise.

Limits of deviation

7

In carrying out, maintaining or diverting the authorised development, the undertaker may—

(a) deviate Works No. 1, 2, 3(f), 3(k), 4, 5 and 6 laterally from the lines or situations of the authorised development shown on the works plans within the extent of the limits of deviation shown on those plans; and

(b) deviate Works No. 1 and 2 vertically—

(i) upwards to a limit of not less than 1.1 metres below the surface of the ground; and

(ii) to any extent downwards as may be found to be necessary or practical to a maximum depth of 70metres below the surface of the ground,

except that sub-paragraph (i) does not apply to those parts of Works No. 1 and 2 that are built within the Yoxall AGI site, where such works may deviate upwards to a limit of 2.8 metres above ground level;

(c) deviate or place Works No. 3, 4, 5 and 6 vertically upwards or above ground level to the height limits set for each of these works in Part 1 of Schedule 1.

Benefit of Order

8

Subject to article 9 (consent to transfer benefit of Order), this Order is for the benefit of the undertaker.

9

(1) The undertaker may, with the consent of the Secretary of State,—

(a) transfer to another person (the “transferee”) any or all of the benefit of the provisions of this Order and such related statutory rights as may be agreed in writing between the undertaker and the transferee; or

(b) grant to another person (the “lessee”) for a period agreed in writing between the undertaker and the lessee any or all of the benefit of the provisions of this Order and such related statutory rights as may be so agreed,

except where paragraph (3) applies, in which case no such consent is required.

(2) The exercise by a person of any benefits or rights conferred in accordance with any transfer or grant under paragraph (1) is subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by RWE Generation UK plc.

(3) This paragraph applies to a transfer or grant to National Grid Gas of any part of the benefit of the provisions of this Order and any related statutory rights which relate to, or may be necessary or expedient for, the construction, operation, maintenance and diversion of the NG works or any works carried out pursuant to Part 5 of Schedule 9.

PART 3 — STREETS

Street works

10

(1) The undertaker may, for the purposes of the authorised development, enter on so much of any of the streets specified in Schedule 2 (streets subject to street works) as are within the works limits and may—

(a) break up or open the street, or any sewer, drain or tunnel under it;

(b) tunnel or bore under the street;

(d) maintain apparatus in or under the street or change its position; and

(e) execute any works required for or incidental to any works referred to in sub-paragraphs (a), (b), (c) and (d).

(2) The authority given by paragraph (1) is a statutory right for the purposes of sections 48(3) (streets, street works and undertakers) and 51(1) (prohibition of unauthorised street works) of the 1991 Act.

(3) Sections 54 to 106 of the 1991 Act[^f00022] apply to any street works carried out under paragraph (1).

(4) In this article, “apparatus” has the same meaning as in Part 3 of the 1991 Act[^f00023].

Public rights of way

11

(1) The undertaker may create an alternative public right of way to the section of footpath named the Yoxall 59 footpath (shown by a broken orange line between the points A and C on the Yoxall AGI plan) between the points A, B and C (shown by a broken purple line on the Yoxall AGI plan).

(2) With effect from the date of certification by the local highway authority that the agreed alternative right of way has been created in accordance with the implementation plan and specification approved under Requirement 8, the original right of way (shown by the broken orange line between the points A and C on the Yoxall AGI plan) is extinguished.

Access to works

12

The undertaker may, for the purposes of the authorised development,—

(a) form and lay out means of accesses or improve existing means of access in the indicative locations specified in columns (1) and (2) of Schedule 3 (access to works) as shown coloured pink on sheets 1 to 7, 9 and 10 of the works plans; and

(b) form and lay out such other means of access or improve existing means of access at such locations within the works limits as the undertaker reasonably requires for the purposes of the authorised development.

Agreements with street authorities

13

(1) A street authority and the undertaker may enter into agreements with respect to the carrying out in or under the street of any of the works referred to in article 10(1) (street works).

(2) Such an agreement may, without limiting paragraph (1),—

(a) make provision for the street authority to carry out any function under this Order that relates to the street in question;

(b) include an agreement between the undertaker and street authority specifying a reasonable time for the completion of the works; and

PART 4 — SUPPLEMENTAL POWERS

Discharge of water

14

(1) The undertaker may use any watercourse or any public sewer or drain for the drainage of water in connection with the carrying out or maintenance of the authorised development and for that purpose may lay down, take up and alter pipes and may, on any land within the works limits, make openings into, and connections with, that watercourse, public sewer or drain.

(2) Any dispute arising from the making of connections to or the use of a public sewer or drain by the undertaker pursuant to paragraph (1) must be determined as if it were a question arising under section 106 of the Water Industry Act 1991[^f00024] (right to communicate with public sewers).

(3) The undertaker must not discharge any water into any watercourse, public sewer or drain except with the consent of the person to whom it belongs; and such consent may be given subject to such terms and conditions as that person may reasonably impose, but must not be unreasonably withheld.

(4) The undertaker must not make any opening into any public sewer or drain except—

(a) in accordance with plans approved by the person to whom the sewer or drain belongs, but such approval must not be unreasonably withheld; and

(b) where that person has been given the opportunity to observe the making of the opening.

(5) The undertaker must not, in carrying out or maintaining works pursuant to this article, damage or interfere with the bed or banks of any watercourse forming part of a main river.

(6) The undertaker must take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain pursuant to this article is as free as may be practicable from gravel, soil or other solid substance, oil or matter in suspension.

(7) This article does not authorise a groundwater activity or a water discharge activity within the meaning of the Environmental Permitting (England and Wales) Regulations 2016.

(8) In this article—

(a) “public sewer or drain” means a sewer or drain which belongs to the Homes and Communities Agency, the Environment Agency, a harbour authority within the meaning of section 57 of the Harbours Act 1964[^f00026] (interpretation), an internal drainage board, a joint planning board, a local authority, a National Park Authority, a sewerage undertaker[^f00027] or an urban development corporation; and

(b) other expressions, excluding watercourse, used both in this article and in the Environmental Permitting (England and Wales) Regulations 2016 have the same meaning as in those Regulations.

Authority to survey and investigate land

15

(1) The undertaker may for the purposes of this Order enter on any land shown within the Order limits and—

(a) survey or investigate the land;

(b) without limiting sub-paragraph (a), make trial holes in such positions on the land as the undertaker thinks fit to investigate the nature of the surface layer and subsoil and remove soil samples;

(d) place on, leave on and remove from the land apparatus for use in connection with the survey and investigation of land and making of trial holes.

This is limited to the right to carry out the surveys and investigations specified in column (2) of Schedule 4 (land in which surveys and investigations may be carried out) over the land specified in column (1) of that Schedule.

(2) No land may be entered or equipment placed or left on or removed from the land under sub-paragraph (1) unless at least 14 days’ notice has been served on every owner and occupier of the land.

(3) Any person entering land under this article on behalf of the undertaker—

(a) must, if so required on entering the land, produce written evidence of the person’s authority to do so; and

(b) may take with them such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes.

(4) No trial holes may be made under this article—

(a) in land located within the highway boundary without the consent of the local highway authority; or

(b) in a private street without the consent of the street authority,

but such consent must not be unreasonably withheld.

(5) The undertaker must compensate the owners and occupiers of the land for any loss or damage arising by reason of the exercise of the authority conferred by this article, such compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act[^f00028].

PART 5 — POWERS OF ACQUISITION

Compulsory acquisition of existing rights in land

16

(1) The undertaker may acquire compulsorily ... so much of the Order land within the works limits (including for the avoidance of doubt the subsoil) as is required for the authorised development or to facilitate, or is incidental to, it and as is described in the book of reference and shown on the land plans.

(2) As from the date on which a compulsory acquisition notice is served or the date on which the land acquired under paragraph (1) or any part of it is vested in the undertaker, whichever is the later, that land or that part of it which is vested (as the case may be) is discharged from all rights, easements, liberties, privileges, advantages, restrictions, covenants, trusts and incidents to which it was previously subject.

(3) Any person who suffers loss by the extinguishment or suspension of any private right under this article is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.

Time limit for exercise of authority to acquire land compulsorily

17

(1) After the end of the period of 5 years beginning on the day on which this Order is made—

(a) no notice to treat may be served under Part 1 of the 1965 Act[^f00029]; and

(b) no notice or declaration may be executed under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981[^f00030] as applied by article 21 (application of Compulsory Purchase (Vesting Declarations) Act 1981).

(2) The authority conferred by article 24 (temporary use of land for carrying out authorised development) ceases at the end of the period referred to in paragraph (1), except that nothing in this paragraph prevents the undertaker remaining in possession of land after the end of that period if the land was entered and possession was taken before the end of that period.

Compulsory acquisition of new rights, etc.

18

(1) The undertaker may create and acquire compulsorily new rights over those parts of the Order land specified in column (1) of Schedule 5 (land in which only new rights, etc. may be acquired) as may be required for the purpose specified in relation to that land in column (2) of that Schedule or as may be required for facilitating the construction of, or are incidental to, the authorised development.

(2) The undertaker may also impose the restrictive obligations specified in column (3) of Schedule6 (land over which restrictive obligations and rights of support are required) over the Order land specified in column (2) of that Schedule.

(3) As from the date on which a compulsory acquisition notice is served or the date on which any new right is vested in the undertaker, whichever is the later, the land over which any new rights are acquired is discharged from all rights, easements, liberties, privileges, advantages, restrictions, covenants, trusts and incidents to which it was previously subject so far as their continuance would be inconsistent with the exercise of that new right.

(4) Any person who suffers loss as a result of the extinguishment or suspension of any private right under this article is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.

(5) Schedule 7 (modification of compensation and compulsory purchase enactments for creation of new rights, etc.) has effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right or the imposition of a restrictive obligation.

Power to override easements and other rights

19

(1) The carrying out or use of development authorised by this Order and the doing of anything else authorised by this Order is authorised for the purpose specified in section 158(2) of the 2008 Act (nuisance: statutory authority), notwithstanding that it involves—

(a) an interference with an interest or right to which this article applies; or

(b) a breach of a restriction as to the user of land arising by virtue of a contract.

(2) The interests and rights to which this article applies include any easements, liberties, privileges and advantages annexed to land and adversely affecting other land, including any natural right to support, and include restrictions as to the user of the land arising by virtue of a contract having that effect or any other covenants, trusts or incidents.

(3) Compensation in respect of any interference or breach pursuant to this article—

(a) is payable under section 152 of the 2008 Act (compensation in case where no right to claim in nuisance)[^f00031]; and

(b) will be assessed subject to section 10(2) of the 1965 Act[^f00032], which applies by virtue of section 152(5) of the 2008 Act; and

any rule or principle applied to the construction of section 10 of the 1965 Act will be applied to the construction of this paragraph (with any necessary modifications).

(4) Nothing in this article is to be construed as authorising any act or omission on the part of any person that is actionable at the suit of any person on any grounds other than such an interference or breach as is mentioned in paragraph (1).

Private rights of way

20

(1) Subject to the provisions of this article, all private rights of way over land subject to compulsory acquisition under this Order are extinguished—

(a) as from the date of acquisition of the land by the undertaker, whether compulsorily or by agreement; or

(b) on the date of entry on the land by the undertaker under section 11(1) of the 1965 Act (power of entry),

whichever is the earlier.

(2) Subject to the provisions of this article, all private rights of way over land owned by the undertaker which, being within the limits of land that may be acquired shown on the land plans, is required for the purposes of this Order are extinguished on the appropriation of the land by the undertaker for any of those purposes.

(3) Subject to the provisions of this article, all private rights of way over land of which the undertaker takes temporary possession under this Order are suspended and unenforceable for as long as the undertaker remains in lawful possession of the land.

(4) Any person who suffers loss by the extinguishment or suspension of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.

(5) This article does not apply in relation to any right of way to which section 138 of the 2008 Act (extinguishment of rights, and removal of apparatus, of statutory undertakers, etc.)[^f00033] or article 27 (statutory undertakers) applies.

(6) Paragraphs (1) to (3) have effect subject to—

(a) any notice given by the undertaker before—

(i) the completion of the acquisition of the land;

(ii) the undertaker’s appropriation of it;

(iii) the undertaker’s entry onto it; or

(iv) the undertaker’s taking temporary possession of it,

provided that any or all of those paragraphs do not apply to any right of way specified in the notice; and

(b) any agreement made at any time between the undertaker and the person in or to whom the right of way in question is vested or belongs.

(7) If any such agreement as is referred to in paragraph (6)(b)—

(a) is made with a person in or to whom the right of way is vested or belongs; and

(b) is expressed to have effect also for the benefit of those deriving title from or under that person,

it is effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement.

Application of Compulsory Purchase (Vesting Declarations) Act 1981

21

(1) The Compulsory Purchase (Vesting Declarations) Act 1981[^f00034] applies as if this Order were a compulsory purchase order.

(2) The Compulsory Purchase (Vesting Declarations) Act 1981, as so applied, has effect with the following modifications.

(3) In section 3 (preliminary notices), for subsection (1) there is substituted—

(1) Before making a declaration under section 4 with respect to any land or rights over land subject to a compulsory purchase order, the acquiring authority must include the particulars specified in subsection (3) in a notice which is— (a) given to every person with a relevant interest in the land with respect to which the declaration is to be made (other than a mortgagee who is not in possession); and (b) published in a local newspaper circulating in the area in which the land is situated.

(4) In that section, in subsection (2), for “(1)(b)” there is substituted “(1)” and after “given” there is inserted “and published”.

(5) In that section, for subsections (5) and (6) there is substituted—

(5) For the purposes of this section, a person has a relevant interest in land if— (a) that person is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion; or (b) that person holds, or is entitled to the rents and profits of, the land under a lease or agreement, the unexpired term of which exceeds 1 month.

(6) In section 5 (earliest date for execution of declaration)—

(a) in subsection (1), after “publication” there is inserted “in a local newspaper circulating in the area in which the land is situated”; and

(b) subsection (2) is omitted.

(7) In section 7 (constructive notice to treat), in subsection (1)(a), the words “(as modified by section 4 of the Acquisition of Land Act 1981)” are omitted.

(8) References to the 1965 Act in the Compulsory Purchase (Vesting Declarations) Act 1981 must be construed as references to that Act as applied by section 125 of the 2008 Act to the compulsory acquisition of land or rights over land under this Order.

Acquisition of subsoil

22

(1) In connection with the creation and compulsory acquisition of the new rights referred to in article 18 (compulsory acquisition of rights, etc.) and article 27 (statutory undertakers), the undertaker may acquire compulsorily such rights in the subsoil as may be required for any purpose for which the previously-mentioned rights may be acquired under those provisions for the purposes of the authorised development.

(2) Where the undertaker acquires any rights in the subsoil under paragraph (1), the undertaker is not required to acquire an interest in any other part of the land.

Rights under or over streets

23

(1) The undertaker may enter on and appropriate so much of the subsoil of, or air-space over, any street within the works limits as may be required for the purposes of the authorised development and may use the subsoil or air-space for those purposes or any other purpose ancillary to the authorised development.

(2) Subject to paragraph (3), the undertaker may exercise any power conferred by paragraph (1) in relation to a street without being required to acquire any part of the street or any easement or right in the street.

(3) Paragraph (2) does not apply in relation to—

(a) any subway or underground building; or

(b) any cellar, vault, arch or other construction in, on or under a street that forms part of a building fronting onto the street.

(4) Subject to paragraph (5), any person who is an owner or occupier of land appropriated under paragraph (1) without the undertaker acquiring any part of that person’s interest in the land, and who suffers loss as a result, is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.

(5) Compensation is not payable under paragraph (4) to any person who is an undertaker to whom section 85 of the 1991 Act (sharing cost of necessary measures) applies in respect of measures of which the allowable costs are to be borne in accordance with that section.

Temporary use of land for carrying out authorised development

24

(1) The undertaker may, in connection with the carrying out of the authorised development,—

(a) enter on and take temporary possession of the land specified in columns (1) and (2) of Schedule 8 (land of which temporary possession may be taken) for the purpose specified in column (3) of that Schedule;

(b) remove any buildings and vegetation from that land; and

(2) Not less than 14 days before entering on and taking temporary possession of land under this article, the undertaker must serve notice of the intended entry on the owners and occupiers of the land.

(3) The undertaker may not, without the agreement of the owner of the land, remain in possession of any plot specified in Schedule 8 after the expiration of 1 year from the date that the authorised development has been completed in that plot unless notice of entry has been given under section 11 of the 1965 Act[^f00035] or the land is the subject of a general vesting declaration.

(4) Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but the undertaker is not required to replace a building removed under this article.

(5) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of any power conferred by this article.

(6) Any dispute as to a person’s entitlement to compensation under paragraph (5), or as to the amount of the compensation, must be determined under Part 1 of the 1961 Act.

(7) Nothing in this article affects any liability to pay compensation under section 152 of the 2008 Act (compensation in case where no right to claim in nuisance) or under any other enactment in respect of loss or damage arising from the carrying out of the authorised development, other than loss or damage for which compensation is payable under paragraph (5).

(8) The undertaker may not compulsorily acquire under this Order the land referred to in paragraph (1) except that the undertaker is not precluded from acquiring new rights over any part of that land including the subsoil under article 18 (compulsory acquisition of rights, etc.) and article 22 (acquisition of subsoil).

(9) Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it.

(10) Section 13 of the 1965 Act (refusal to give possession to acquiring authority)[^f00036] applies to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land or rights over land under this Order by virtue of section 125 of the 2008 Act (application of compulsory acquisition provisions).

(11) Nothing in this article prevents the taking of temporary possession more than once in relation to any land specified in Schedule 8.

Temporary use of land for maintaining authorised development

25

(1) Subject to paragraph (2), at any time during the maintenance period relating to any part of the authorised development, the undertaker may—

(a) enter on and take temporary possession of any land within the works limits if such possession is reasonably required for the purpose of maintaining the authorised development; and

(b) construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose.

(2) Paragraph (1) does not authorise the undertaker to take temporary possession of—

(a) any house or garden belonging to a house; or

(b) any building (other than a house) if it is for the time being occupied.

(3) Not less than 28 days before entering on and taking temporary possession of land under this article, the undertaker must serve notice of the intended entry on the owners and occupiers of the land, except as provided in paragraph (12).

(4) The undertaker may remain in possession of land under this article only for so long as may be reasonably necessary to carry out the maintenance of the part of the authorised development for which possession of the land was taken.

(5) Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land.

(6) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of this article.

(7) Any dispute as to a person’s entitlement to compensation under paragraph (6), or as to the amount of the compensation, must be determined under Part 1 of the 1961 Act.

(8) Nothing in this article affects any liability to pay compensation under section 152 of the 2008 Act (compensation in case where no right to claim in nuisance) or under any other enactment in respect of loss or damage arising from the maintenance of the authorised development, other than loss or damage for which compensation is payable under paragraph (6).

(9) Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it.

(10) Section 13 of the 1965 Act (refusal to give possession to acquiring authority) applies to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land or rights over land under this Order by virtue of section 125 of the 2008 Act (application of compulsory acquisition provisions).

(11) In this article, “maintenance period”, in relation to any part of the authorised development, means the period of 5 years beginning with the date on which that part of the authorised development is first opened for use.

(12) Where the undertaker has identified a potential risk to the safety of—

(a) the authorised development or any of its parts;

(b) the public; or

the requirement to serve not less than 28 days’ notice under paragraph (3) does not apply, and the undertaker may enter the land pursuant to paragraph (1) subject to giving such period of notice (if any) as is reasonably practicable in all the circumstances.

No double recovery

26

Compensation is not payable in respect of the same matter both under this Order and under any other enactment, any contract or any rule of law.

Statutory undertakers

27

Subject to compliance with the provisions of Schedule 9 (protective provisions), the undertaker may—

(a) create and acquire compulsorily the new rights over those parts of the Order land belonging to statutory undertakers as specified in column (1) of Schedule 5 (land in which only new rights, etc. may be acquired) as may be required for the purpose specified in relation to that land in column (2) of that Schedule);

(aa) impose the restrictive obligations specified in column 3 of Schedule 6 (land over which restrictive obligations and rights of support are required) over the Order land specified in column (2) of that Schedule;

(b) construct the authorised development in such a way as to cross underneath or over apparatus belonging to statutory undertakers within the works limits or as described in the book of reference;

(c) extinguish the rights of, and remove or reposition the apparatus belonging to, statutory undertakers within the works limits; and

(d) construct over existing apparatus belonging to statutory undertakers any necessary track or roadway (whether temporary or permanent) together with the right to maintain and or remove the same, and install such service media under or over the existing apparatus needed in connection with the authorised development.

Recovery of costs of new connections

28

(1) Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 27 (statutory undertakers), any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.

(2) Paragraph (1) does not apply in the case of the removal of a public sewer but, where such a sewer is removed under article 27, any person who is—

(a) the owner or occupier of premises the drains of that communicated with that sewer; or

(b) the owner of a private sewer that communicated with that sewer,

is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the drain or sewer belonging to that person communicate with any other public sewer or with a private sewerage disposal plant.

(3) In this article—

“public communications provider” has the same meaning as in section 151(1) of the Communications Act 2003[^f00037]; and

“public utility undertaker” has the same meaning as in the 1980 Act[^f00038].

29

(1) Subject to the following provisions of this article, the undertaker may not under article 10 (street works) break up or open a street where the street, not being a highway maintainable at the public expense (within the meaning of the 1980 Act[^f00039]),—

(a) is under the control or management of, or is maintainable by, railway or tramway undertakers or a navigation authority; or

(b) forms part of a level crossing belonging to any such undertakers, to such an authority or to any other person,

except with the consent of the undertakers, authority or, as the case may be, of the person to whom the level crossing belongs.

(2) Paragraph (1) does not apply to the carrying out under this Order of emergency works, within the meaning of Part 3 of the 1991 Act[^f00040].

(3) A consent given for the purpose of paragraph (1) may be made subject to such reasonable conditions as may be specified by the person giving it but must not be unreasonably withheld.

(4) In this article, “navigation authority” means any person who has a duty or power under any enactment to work, maintain, conserve, improve or control any canal or other inland navigation, navigable river, estuary or harbour.

PART 6 — MISCELLANEOUS AND GENERAL

Defence to proceedings in respect of statutory nuisance

30

(1) Where proceedings are brought under section 82(1) of the Environmental Protection Act 1990[^f00041] (summary proceedings by person aggrieved by statutory nuisance) in relation to a nuisance falling within section 79(1)(g) of that Act (noise emitted from premises so as to be prejudicial to health or a nuisance), no order may be made, and no fine may be imposed, under section 82(2) of that Act[^f00042] if the defendant shows that the nuisance—

(a) relates to premises used by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development and is attributable to the carrying out of the authorised development in accordance with a notice served under section 60 (control of noise on construction site) of the Control of Pollution Act 1974[^f00043] or a consent given under section 61 (prior consent for work on construction site) or section 65 (noise exceeding registered level) of that Act; or

(b) is a consequence of the use, construction or maintenance of the authorised development and cannot reasonably be avoided.

(2) Section 61(9) (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990) of the Control of Pollution Act 1974 and section 65(8) (corresponding provision in relation to consent for registered noise level to be exceeded) of that Act do not apply where the consent relates to the use of premises by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development.

Operational land for purposes of 1990 Act

31

Development consent granted by this Order must be treated as specific planning permission for the purposes of section 264(3)(a) of the 1990 Act (cases in which land is to be treated as operational land for the purposes of that Act).

Felling or lopping of trees, etc.

32

(1) The undertaker may at any time fell or lop any tree or shrub within or overhanging land within the works limits, or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree or shrub from obstructing or interfering with the construction, maintenance or operation of the authorised development or any apparatus used in connection with the authorised development.

(2) In carrying out any activity authorised by paragraph (1), the undertaker must do no unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from such activity.

(3) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, must be determined under Part 1 of the 1961 Act.

Certification of plans, etc.

33

(1) The undertaker must, as soon as practicable after the making of this Order, submit to the Secretary of State copies of—

(a) the book of reference submitted as document reference WCGP 013.3, version 3, June 2014, in the application for this Order;

(b) the land plans submitted as document reference WCGP 011.1 version 3, June 2014, sheets 1 to 10 in the application for this Order;

(c) the works plans submitted as document reference WCGP 012.1 version 3, June 2014, sheets 1 to 10 in the application for this Order;

(d) the Yoxall AGI plan submitted as document reference WCGP 023.1 in the application for this Order and updated to version C, June 2014, drawing reference no. UKP/WLC/0233/C;

(e) the environmental statement submitted as documents reference WCGP 014.1 (chapters), WCGP 014.2 (appendices), WCGP 014.3 (figures), and WCGP 030.013 (addendum, version 2, April 2014) in the application for this Order; and

(f) any other plans, drawings or documents referred to in this Order,

for certification that they are true copies of the plans, drawings and documents referred to in this Order.

(2) A plan, drawing or document so certified is admissible in any proceedings as evidence of the contents of the document of which it is a copy.

Arbitration

34

Any difference under any provision of this Order (other than a difference that falls to be determined by the tribunal), unless otherwise provided for, must be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) by the Secretary of State.

Protection of interests

35

Schedule 9 (protective provisions) has effect.

Service of notices

36

(1) A notice or other document required or authorised to be served for the purpose of this Order may be served—

(a) by post;

(b) by delivering it to the person on whom it is to be served or to whom it is to be given or supplied; or

(2) Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.

(3) For the purposes of section 7 of the Interpretation Act 1978[^f00044] as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address, and otherwise—

(a) in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and

(b) in any other case, the last known address of that person at the time of service.

(4) Where for the purpose of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and the name or address of that person cannot be ascertained after reasonable enquiry, the notice may be served by—

(a) addressing it to that person by name or by the description of “owner” or, as the case may be, “occupier” of the land (describing it); and

(b) either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.

(5) Where a notice or other document required to be served or sent for the purpose of this Order is served or sent by electronic transmission, the requirement must be taken to be fulfilled only where—

(a) the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission in writing or by electronic transmission;

(b) the notice or other document is capable of being accessed by the recipient;

(d) the notice or other document is in a form sufficiently permanent to be used for subsequent reference.

(6) Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within 7 days of receipt that the recipient requires a paper copy of all or part of that notice or other document, the sender must provide such a copy as soon as reasonably practicable.

(7) Any consent to the use of electronic communication given by a person may be revoked by that person in accordance with paragraph (8).

(8) Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this Order—

(a) that person must give notice in writing or by electronic transmission revoking any consent given by that person for that purpose; and

(b) the revocation is final and takes effect on a date specified by the person in the notice but that date must not be less than 7 days after the date on which the notice is given.

(9) This article is not to be taken to exclude the employment of any method of service not expressly provided for by it.

(10) In this article, “legible in all material respects” means that the information contained in the notice or document is available to that person to no lesser extent then it would be served, given or supplied by means of a notice or document in printed form.

SCHEDULE 1 — AUTHORISED DEVELOPMENT AND REQUIREMENTS

PART 1 — AUTHORISED DEVELOPMENT

The authorised development is a nationally significant infrastructure project as described in sections 14 and 21 of the 2008 Act, comprising the construction of an up to 800 millimetre-diameter cross-country pipeline (to be known as the Willington C Gas Pipeline) for the conveyance of gas and covering a distance of approximately 27 kilometres starting from the National Transmission System at Yoxall in the district of East Staffordshire and ending at the proposed Willington C Power Station to be constructed at Willington in South Derbyshire. It includes the laying, placing, use, inspection, maintenance and diversion of the Willington C Gas Pipeline and the works numbered and described below—

In both East Staffordshire and South Derbyshire Works No.1 - the Yoxall–Willington Pipe Section A high pressure pipeline up to 800 millimetres in diameter with all relevant associated equipment for the transport of gas. Its proposed indicative route is shown by a red line (subject to the limits of deviation in article 7 (limits of deviation)) on works plans sheets 1 to 10. The indicative start point of the proposed route is shown on sheet 1 of the works plans at the numbered grid reference A (SK13481800). Subject to the limits of deviation in article 7, such start point may deviate within the area defined by the following grid references— B - SK13441796 C - SK13431802 D - SK13461804 E - SK13541804 F - SK13551798 The indicative end point of the proposed route is shown on sheet 10 of the works plans at the numbered grid reference G (SK30402904). Subject to the limits of deviation in article 7, such end point may deviate within the area defined by the following grid references— H - SK30112894 J - SK30132891 K - SK30172893 L - SK30342897 M - SK30992942 N - SK30922949

In East Staffordshire Works No.2 - the NTS Spur Pipeline A high pressure gas pipeline (with partially buried valves, control cables and all other relevant associated equipment) up to 800 millimetres in diameter and approximately 120 metres in length, starting at the national transmission system pipeline at the indicative grid reference P (SK13391797) and ending at the indicative start point of Works No.1, shown on sheet 1 of the works plans. The indicative start point grid reference is P (SK13391797). Subject to the limits of deviation in article 7, such start point may deviate within the area defined by the following grid references— R - SK13391795 S - SK13381797 T - SK13361798 V - SK13371800 W - SK13401798 X - SK13421795 The indicative end point grid reference is A (SK13481800). Subject to the limits of deviation in article 7, such end point may deviate within the area defined by the following grid references— B - SK13441796 C - SK13431802 D - SK13461804 E - SK13541804 F - SK13551798

In East Staffordshire Works No.3 - the Yoxall Above-Ground Installation (the “Yoxall AGI”) Two secure compounds with equipment for the monitoring and control of gas (together comprising an approximate area of 60 metres x 60 metres with a maximum height of 5 metres), as shown indicatively on the Yoxall AGI plan, to be built within the Yoxall AGI site which is identified by the following numbered co-ordinates— north-east corner – 9 (SK13531805) south-east corner – 11 (SK13551796) south-west corner – 10 (SK13441795) north-west corner – 1 (SK13421805) Works to be carried out within the Yoxall AGI site include— security fencing (with a maximum height of 2.8 metres); access roadways (including access from the A515), car parking and hard standings; power, water and telecommunications connections; installation of data transmission equipment; installation of instrument kiosks; installation of equipment to control (block valves), monitor and transmit flow of gas; lighting (with a maximum height of 5 metres); landscaping and hedge planting; changes to ground levels as may be necessary; drainage works as may be necessary; installation of an inspection vehicle launch facility (pig launcher).

In South Derbyshire Works No.4 - the Willington Block Valve A partially-buried valve with all relevant associated equipment at which the authorised development is to terminate within the Willington C Power Station site at the indicative grid reference G (SK30402904) shown on sheet 10 of the works plans. Subject to the limits of deviation in article 7, the block valve may deviate within the area defined by the following grid references— H - SK30112894 J - SK30132891 K - SK30172893 L - SK30342897 M - SK30992942 N - SK30922949 The block valve may deviate above ground level to a maximum height of 2 metres and may be securely fenced to a maximum height of 2.8 metres.

In both East Staffordshire and South Derbyshire Works No.5 - Micro-tunnels and Vertical Shafts Micro-tunnels and shafts with all relevant associated equipment including— horizontal micro-tunnels not greater than 2.3 metres in internal diameter at a depth not greater than 20 metres below the surface of the ground; vertical shafts at either end of the tunnels not greater than 8 metres in internal diameter. This work may deviate permanently to ground level and may (during construction) temporarily deviate above ground level to a maximum height of 1 metre. It comprises works at the following indicative locations (in addition to other micro-tunnels and shafts that may become necessary in any other locations within the limits of deviation)— In East Staffordshire Works 5.1 for the purpose of crossing under the River Swarbourn at the indicative grid reference SK14101816 which can vary subject to the limits of deviation shown on sheet 1 of the works plans. Works 5.2 for the purpose of crossing under the dismantled Burton–Hilton railway line at the indicative grid reference SK24662824 which may vary subject to the limits of deviation shown on sheet 8 of the works plans. In East Staffordshire and South Derbyshire Works 5.3 for the purpose of crossing under the River Dove at the indicative grid reference SK25172826 which can vary subject to the limits of deviation shown on sheet 8 of the works plans. In South Derbyshire Works 5.4 for the purpose of crossing under the A38 trunk road at the indicative grid reference SK27992839 which can vary subject to the limits of deviation shown on sheet 9 of the works plans. Works 5.5 for the purpose of crossing under the Derby–Stoke railway line at the indicative grid reference SK29402896 which may vary subject to the limits of deviation shown on sheet 10 of the works plans. Works 5.6 for the purpose of crossing under the Trent and Mersey Canal and the Derby–Stoke and Derby–Birmingham railway lines at the indicative grid reference SK30262914 which may vary subject to the limits of deviation shown on sheet 10 of the works plans.

In both East Staffordshire and South Derbyshire Works No.6 - Pipeline Marking The marking of Works No. 1 and 2, shown at indicative locations on works plans sheets 1 to 10 and including— marker posts at each field boundary and both sides of roads, rivers, canals and railways; aerial markers at intervals of approximately 500 metres or closer where required; any other marking required to comply with current or future legislation and regulations. This work may extend above ground level to a maximum height of 2 metres. Additionally, the authorised development comprises, within the meaning of section 115(1)(b) of the 2008 Act, the following associated development (which falls within the scope of the environmental impact assessment recorded in the environmental statement).

In East Staffordshire Works No.7 - the Yoxall Temporary Works Compound A temporary works compound for use during the construction of the authorised development, located within the land described by the grid references— 1 - SK13421805 2 - SK13421816 3 - SK13501820 4 - SK13511812 5 - SK13651814 6 - SK13661809 7 - SK13551802 8 - SK13541802 9 - SK13531805 and shown hatched green on sheet 1 of the works plans, including— temporary car parking, hardstandings and roadways; temporary offices and staff welfare portacabins; temporary fabrication areas; temporary materials, tools and fuel storage areas; temporary pipe handling and storage; temporary storage of plant and equipment; wheel washing facilities; temporary lighting.

In South Derbyshire Works No.8 - the Carriers Road Temporary Works Compound A temporary works compound for use during the construction of the authorised development, located within the land described by the grid references— 10 - SK26942896 11 - SK26932914 12 - SK27242901 13 - SK27192891 14 - SK27062897 and shown hatched green on sheet 9 of the works plans, including— temporary car parking, hardstandings and roadways; temporary offices and staff welfare portacabins; temporary fabrication areas; temporary materials, tools and fuel storage areas; temporary pipe handling and storage; temporary storage of plant and equipment; wheel washing facilities; temporary lighting.

In South Derbyshire Works No.9 - the Willington Power Station Temporary Works Compound A temporary works compound for use during the construction of the authorised development at the indicative location described by grid references— 15 - SK30332905 16 - SK30362911 17 - SK30412907 18 - SK30382902 and shown hatched green on sheet 10 of the works plans. Subject to the limits of deviation given by article 7, these works may be located anywhere within the area described by the following grid references— H - SK30112894 J - SK30132891 K - SK30172893 L - SK30342897 M - SK30992942 N - SK30922949 The temporary works compound includes— temporary car parking, hardstandings and roadways; temporary offices and staff welfare portacabins; temporary fabrication areas; temporary materials, tools and fuel storage; temporary pipe handling and storage; temporary storage of plant and equipment; wheel washing facilities; temporary lighting.

In both East Staffordshire and South Derbyshire Works No.10 - Temporary structures during the construction period to allow construction access across watercourses, to be located within the works limits at the indicative locations below, comprising temporary bridges, pipe flumes or culverts at— East Staffordshire–River Swarbourn (shown at an indicative location as Works 10.1 on sheet 1 of the works plans); East Staffordshire–Mill Fleam 1 (shown at an indicative location as Works 10.2 on sheet 8 of the works plans); East Staffordshire–Mill Fleam 2 (shown at an indicative location as Works 10.3 on sheet 8 of the works plans); East Staffordshire/South Derbyshire–River Dove (shown at an indicative location as Works 10.4 on sheet 8 of the works plans); South Derbyshire–Hilton Brook (shown at an indicative location as Works 10.5 on sheet 8 of the works plans); South Derbyshire–Egginton Brook (shown at an indicative location as Works 10.6 on sheet 9 of the works plans); South Derbyshire–Willington Brook (shown at an indicative location as Works 10.7 on sheet 9 of the works plans); any other watercourses within the works limits as may be required.

In both East Staffordshire and South Derbyshire Works No.11 - Temporary construction and maintenance works for the authorised development, to be located within the works limits that are shown on works plans sheets 1 to 10, and contained by temporary fencing of no more than 2 metres in height. The temporary construction and maintenance works include— the erection of temporary fencing; the creation of temporary gaps in hedgerows and the removal of trees and other vegetation; the stripping of topsoil and creation of temporary soil storage stockpiles; the creation of temporary tracks; the laying out, welding and testing of steel pipes; boring, tunnelling or drilling operations at roads, rivers, canals, railways and other obstacles; the temporary damming of watercourses; trenching work and the stockpiling of subsoil; the installation of the pipeline and backfilling of the trench; pipeline pressure testing; reinstatement and replanting works; land drainage remedial works and reinstatement; dewatering works; the removal of surplus excavated material; the removal or repositioning of statutory undertakers’ equipment; temporary lighting; the carrying out of any works and construction activities required in connection with the laying, placing, use, inspection, maintenance and diversion of the authorised development including drainage works, temporary bridges, ditch crossings, protective concrete slabs, inspection and maintenance culverts, cathodic and other protection works.

In both East Staffordshire and South Derbyshire Works No.12 - Temporary Access Works Temporary accesses within the works limits for construction, maintenance, or diversion of the authorised development at the indicative locations shown in Schedule 3 and described below— In East Staffordshire Works 12.1, an existing field access to be improved to provide permanent access to the Yoxall AGI site and also to be used as a temporary construction access for primary use (as defined in Schedule 3) from the A515 into the Yoxall AGI site, south of Yoxall. Shown at an indicative location on sheet 1 of the works plans. Works 12.2, a temporary construction access for secondary use (as defined in Schedule 3), on the western side of the A515, south of Yoxall. Shown at an indicative location on sheet 1 of the works plans. Works 12.3, a temporary construction access for primary use, on the eastern side of the A515, south of Yoxall. Shown at an indicative location on sheet 1 of the works plans. Works 12.4, a temporary construction access for restricted use (as defined in Schedule 3), on the western side of Meadow Lane. Shown at an indicative location on sheet 1 of the works plans. Works 12.5, a temporary construction access for restricted use, on the eastern side of Meadow Lane. Shown at an indicative location on sheet 1 of the works plans. Works 12.6, a temporary construction access for primary use, on the southern side of the B5106, west of Barton Gate. Shown at an indicative location on sheet 2 of the works plans. Works 12.7, a temporary construction access for primary use, on the northern side of the B5106, west of Barton Gate. Shown at an indicative location on sheet 2 of the works plans. Works 12.8, a temporary construction access for primary use, on the southern side of Dunstall Cross Lane. Shown at an indicative location on sheet 3 of the works plans. Works 12.9, a temporary construction access for primary use, on the northern side of Dunstall Cross Lane. Shown at an indicative location on sheet 3 of the works plans. Works 12.10, a temporary construction access for secondary use, on the western side of Scotch Hills Lane. Shown at an indicative location on sheet 3 of the works plans. Works 12.11, a temporary construction access for secondary use, on the eastern side of Scotch Hills Lane. Shown at an indicative location on sheet 3 of the works plans. Works 12.12, a temporary construction access for primary use, on the western side of Rangemore Hill. Shown at an indicative location on sheet 4 of the works plans. Works 12.13, a temporary construction access for restricted use, on the eastern side of Rangemore Hill. Shown at an indicative location on sheet 4 of the works plans. Works 12.14, a temporary construction access for primary use, on the southern side of Tatenhill, Rangemore. Shown at an indicative location on sheet 4 of the works plans. Works 12.15, a temporary construction access for primary use, on the northern side of Tatenhill, Rangemore. Shown at an indicative location on sheet 4 of the works plans. Works 12.16, a temporary construction access for primary use, on the southern side of the B5017 at Needwood. Shown at an indicative location on sheet 5 of the works plans. Works 12.17, a temporary construction access for primary use, on the northern side of the B5017 at Needwood. Shown at an indicative location on sheet 5 of the works plans. Works 12.18, a temporary construction access for primary use, on the southern side of Hanbury Road, Anslow Gate. Shown at an indicative location on sheet 5 of the works plans. Works 12.19, a temporary construction access for primary use, on the northern side of Hanbury Road, Anslow Gate. Shown at an indicative location on sheet 5 of the works plans. Works 12.20, a temporary construction access for secondary use, on the western side of Bushton Lane. Shown at an indicative location on sheet 6 of the works plans. Works 12.21, a temporary construction access for secondary use, on the eastern side of Bushton Lane. Shown at an indicative location on sheet 6 of the works plans. Works 12.22, a temporary construction access for primary use, on the western side of the A511 Burton Road, south of Tutbury. Shown at an indicative location on sheet 7 of the works plans. Works 12.23, a temporary construction access for primary use, on the eastern side of the A511 Burton Road, south of Tutbury. Shown at an indicative location on sheet 7 of the works plans. Works 12.24, a temporary construction access for primary use, on the southern side of Church Road, Rolleston. Shown at an indicative location on sheet 7 of the works plans. Works 12.25, a temporary construction access for primary use, on the northern side of Church Road, Rolleston. Shown at an indicative location on sheet 7 of the works plans. Works 12.26, a temporary construction access for restricted use, on the western side of Marston Lane, Rolleston. Shown at an indicative location on sheet 7 of the works plans. Works 12.27, a temporary construction access for restricted use, on the eastern side of Marston Lane, Rolleston. Shown at an indicative location on sheet 7 of the works plans. In South Derbyshire Works 12.28, a temporary construction access for restricted use, on the western side of Etwall Road, Egginton. Shown at an indicative location on sheet 9 of the works plans. Works 12.29, a temporary construction access for restricted use, on the eastern side of Etwall Road, Egginton. Shown at an indicative location on sheet 9 of the works plans. Works 12.30, a temporary construction access for primary use, on the southern side of the A5132, Carriers Road. Shown at an indicative location on sheet 9 of the works plans. Works 12.31, a temporary construction access for restricted use, on the western side of Ash Grove Lane, Egginton. Shown at an indicative location on sheet 9 of the works plans. Works 12.32, a temporary construction access for restricted use, on the eastern side of Ash Grove Lane, Egginton. Shown at an indicative location on sheet 9 of the works plans. Works 12.33, a temporary construction access for primary use, on the southern side of the A5132, the Castleway, Willington. Shown at an indicative location on sheet 9 of the works plans. Works 12.34, a temporary construction access for primary use, on the northern side of the A5132, the Castleway, Willington. Shown at an indicative location on sheet 9 of the works plans. Works 12.35, a temporary construction access for primary use, on the western side of Findern Lane, Willington. Shown at an indicative location on sheet 10 of the works plans. Works 12.36, a temporary construction access for primary use, on the eastern side of Findern Lane, Willington. Shown at an indicative location on sheet 10 of the works plans. Works 12.37, an existing power station access to be used for permanent access to the Willington Block Valve (Works No.4), also to be used for temporary construction access for ‘primary’ use, on the northern side of the A5132, Twyford Road, Willington. Shown at an indicative location on sheet 10 of the works plans. Following construction of the authorised development, Works 12.37 must be retained as the permanent access to Works No.4.

In East Staffordshire and South Derbyshire Works No.13 – Street works Street works at the indicative locations set out in Schedule 2, including— pipeline installation work (at indicative locations 13.2–13.15 and 13.17–13.20); access creation work (at indicative locations 13.1–13.21); reinstatement work (at indicative locations 13.1–13.21); marker post installation (at indicative locations 13.2–13.15 and 13.17–13.20); cathodic protection test cable installation (at indicative locations 13.2–13.15 and 13.17–13.20); temporary lighting.

In East Staffordshire Works No 14 - Creation of temporary car parking facilities for anglers The creation of a temporary car park for approximately 5 cars, no larger than 15 metres x 5 metres and to be situated approximately in the indicative location shown hatched turquoise on sheet 8 of the works plans, including— the stripping and storage of topsoil; the laying of geotextile; the laying of hardcore; temporary fencing.

PART 2 — REQUIREMENTS

Interpretation

1

In this Part—

“county council” means the county planning authority for the area in which the land to which the provisions of this Order apply is situated (Staffordshire County Council or Derbyshire County Council, as the case may be) or any successors to their statutory functions as county planning authorities;

“European protected species” has the meaning given in Part 3 of the Conservation of Habitats and Species Regulations 2017;

“flood risk area” means the 1 in 100 year flood plain of the River Dove as identified in the Willington C Gas Pipeline flood risk assessment submitted to the Secretary of State in accordance with article 33(e) (certification of plans, etc.) and the addendum to that assessment (WCGP 030.013, version 2, April 2014);

“local highway authority” has the same meaning as in the Highways Act 1980[^f00046];

“stage” means a defined section or part of the authorised development (including maintenance), the extent of which is shown in a scheme submitted to and approved, in writing, by the relevant planning authority pursuant to Requirement 3 (stages of authorised development).

Time limits

2

The authorised development must commence no later than the expiration of 5 years beginning with the date that this Order comes into force or such longer period as the Secretary of State may hereafter direct in writing.

Stages of authorised development

3

No authorised development must commence until a written scheme setting out all the stages of the authorised development has been submitted to and approved, in writing, by the relevant planning authority.

Detailed design approval

4

(1) No stage of the authorised development must commence until details of the layout, scale and external appearance of the following works within that stage (including any consultation responses from the Environment Agency, for those parts of the authorised development within the flood risk area and from the county council for the area of Works No.7 (the Yoxall Temporary Works Compound)) have been submitted to and approved, in writing, by the relevant planning authority—

(a) Works No.3 (the Yoxall AGI);

(b) Works No.7 (the Yoxall Temporary Works Compound), Works No.8 (the Carriers Road Temporary Works Compound) and Works No.9 (the Willington Power Station Temporary Works Compound), lay down and storage areas and facilities;

(d) the construction corridor, including additional working areas.

(2) The works described in sub-paragraph (1)(a) to (d) must be carried out in accordance with the approved details or any subsequent revisions that have been submitted to and approved, in writing, by the relevant planning authority.

Landscaping

5

(1) The construction of the Works No.3 (the Yoxall AGI) must not commence until a landscaping scheme, including an implementation timetable, in relation to that work has been submitted to and approved, in writing, by the relevant planning authority. The landscaping scheme must include details of all proposed hard and soft landscaping works and be based on the draft landscaping plan contained in the environmental statement.

(2) All landscaping works must be carried out in accordance with the approved landscaping scheme except to the extent that a variation to the scheme is approved by the relevant planning authority in writing.

(3) Any tree or shrub planted as part of the approved landscaping scheme that, within a period of 5 years after planting, is removed, dies or becomes (in the opinion of the relevant planning authority) seriously damaged or diseased, must be replaced in the first available planting season with a specimen of the same species and size as that originally planted unless otherwise approved, in writing, by the relevant planning authority.

Hedgerows and trees

6

(1) No construction or diversion of the authorised development, involving the felling or lopping of trees or shrubs authorised under article 32 (felling or lopping of trees, etc.), must commence until (in relation to the relevant works) a written hedgerow and tree management plan for the management of the removal and (where appropriate) reinstatement or protection of affected hedgerows and trees within the works limits has been approved, in writing, by the relevant planning authority.

(2) The plan must identify root protection areas and construction exclusion zones and detail the methods of protection for hedges and trees. The plan must have regard to the standards contained in BS 5837:2012 (trees in relation to design, demolition and construction).

(3) The plan must identify affected hedges where mitigation measures are to be taken and include information, where appropriate, on the protection of retained sections, the enhancement of species-poor hedgerows and a detailed reinstatement and after-care plan.

(4) The plan must identify trees within and overhanging the construction area and provide a management and protection plan for those to be retained and a replanting plan for those to be removed.

(5) The removal, protection and reinstatement of the hedgerows and trees must be carried out in accordance with the approved plan except to the extent that a variation to the plan is approved by the relevant planning authority in writing.

(6) Hedges and trees must be reinstated in the first planting season following the completion of construction unless otherwise approved, in writing, by the relevant planning authority.

(7) Any hedge or tree planting which is part of an approved reinstatement plan that, within a period of 5 years after planting, is removed, dies or (in the opinion of the relevant planning authority) becomes seriously damaged or diseased, must be replaced in the first available planting season with planting material of the same specification as that originally planted unless otherwise approved, in writing, by the relevant planning authority.

(8) This Requirement does not apply to the cutting and lopping of trees and vegetation carried out in relation to the operation or maintenance of the authorised development.

Construction traffic and highway accesses

7

(1) No stage of the authorised development (including the removal of roadside hedges) must commence until, for that stage, a written plan based on the transport statement section of the environmental statement has been submitted to and approved, in writing, by the relevant planning authority. The plan must include details of construction traffic and highway access arrangements and include copies of and take account of any consultation responses from the local highway authority.

(2) The plan must contain details of the siting, design and layout of any new permanent or temporary means of access to a highway to be used by vehicular traffic, or any alteration to an existing means of access to a highway used by vehicular traffic.

(3) The plan must if required by the local highway authority include details of the management measures to be employed at the highway accesses and construction car parking.

(4) The plan must include details of all routes designated for construction delivery vehicles and must include details of a scheme for the signing of these routes. The designated routes must be based on those described in the transport statement within the environmental statement.

(5) Throughout the period of the construction of the authorised development, vehicle wheel washing facilities must be provided as a minimum at the sites of Works No.7 (the Yoxall Temporary Works Compound) and of Works No.8 (the Carriers Road Temporary Works Compound). The written plan approved under sub-paragraph (1) must require that all construction vehicles must have their wheels cleaned before leaving the sites.

(6) Subject to sub-paragraph (7), the construction traffic and highway access arrangements plan must be implemented as approved except to the extent that a variation to the plan is approved by the relevant planning authority in writing. Any submission to vary the approved plan must include copies of and take account of any consultation responses from the local highway authority.

(7) Urgent works necessary on highway safety grounds, which would require a variation to the approved plan, may proceed following the sole approval, in writing, of the local highway authority.

Public rights of way

8

(1) No stage of the authorised development that would affect Staffordshire County Council Footpath 59 must commence until a written implementation plan and specification for the making up of an alternative right of way in accordance with article 11 (public rights of way) and as described in the public rights of way management strategy document of the environmental statement has been submitted to and approved, in writing, by the relevant planning authority. The plan must include copies of and take account of any consultation responses from the local highway authority.

(2) The alternative right of way must be implemented in accordance with the approved plan and specification except to the extent that a variation to the plan and specification is approved by the relevant planning authority in writing. Any submission to vary the approved plan and specification must include copies of and take account of any consultation responses from the local highway authority.

(3) No stage of the authorised development that would affect any public right of way (other than that referred to in sub-paragraph (1)) must commence until a written plan (based upon the public rights of way management strategy document of the environmental statement numbered WCGP 14.2.13.1) for the temporary closure and, where appropriate, diversion of the right of way has been submitted to and approved, in writing, by the relevant planning authority. The plan must include copies of and take account of any consultation responses from the local highway authority.

(4) Any temporary closure or diversion referred to in sub-paragraph (3) must be carried out in accordance with the approved plan except to the extent that a variation to the plan is approved by the relevant planning authority in writing. Any submission to vary the approved plan must include copies of and take account of any consultation responses from the local highway authority.

Temporary fencing and other means of enclosure

9

(1) No stage of the authorised development must commence until details of all proposed temporary fencing or other means of enclosure for that stage have been submitted to and approved, in writing, by the relevant planning authority. The details must include copies of and take account of any consultation responses from the Environment Agency in relation to any temporary fencing that is within a flood risk area.

(2) Temporary fencing and other means of enclosure must be used in accordance with the approved details except to the extent that a variation to the details is approved by the relevant planning authority in writing. Any submission to vary the approved details must include copies of and take account of any consultation responses from the Environment Agency in relation to any temporary fencing that is within a flood risk area.

(3) Works No.3 (the Yoxall AGI), Works No.11 (Temporary construction and maintenance works for the authorised development), Works No. 7, 8, and 9 (the Yoxall, Carriers Road and Willington Power Station Temporary Works Compounds) and any construction sites must remain enclosed with fencing at all times while they are being used for the construction, reinstatement or restoration of the authorised development.

(4) Any temporary fencing of the areas in sub-paragraph (3) must be removed when those areas cease to be used for the construction, reinstatement or restoration of the authorised development unless otherwise approved, in writing, by the relevant planning authority.

Surface water drainage and water discharge

10

(1) No stage of the authorised development must commence until, for that stage, details of the surface water drainage system (including means of pollution control) for both temporary and permanent works have been submitted to and approved, in writing, by the relevant planning authority. The details must include copies of and take account of any consultation responses from the Environment Agency.

(2) The surface water drainage system must be constructed in accordance with the approved details except to the extent that a variation to the details is approved by the relevant planning authority in writing. Any submission to vary the approved details must include copies of and take account of any consultation responses from the Environment Agency.

(3) No discharge of water used under article 14 (discharge of water) must be made until written details of the location and rate of discharge have been submitted to and approved, in writing, by the relevant planning authority. The details must include copies of and take account of any consultation responses from the Environment Agency.

Contaminated land and groundwater

11

(1) No stage of the authorised development must commence until a written scheme, applicable to that stage, to deal with the contamination of any land (including groundwater) within the works limits that is likely to cause significant harm to persons or pollution of controlled waters or the environment has been submitted to and approved, in writing, by the relevant planning authority. The scheme must include copies of and take account of any consultation responses from the Environment Agency.

(2) The scheme must include an investigation and assessment report to identify the extent of any contamination and the remedial measures to be taken to render the land fit for its intended purpose.

(3) Remedial measures must be carried out in accordance with the approved scheme except to the extent that a variation to the scheme is approved by the relevant planning authority in writing. Any submission to vary the approved scheme must include copies of and take account of any consultation responses from the Environment Agency.

Soil handling and restoration

12

(1) No stage of the authorised development must commence until a written scheme, applicable to that stage, to deal with the management of soil within the works limits has been submitted to and approved, in writing, by the relevant planning authority.

(2) The scheme must include an investigation and assessment report giving details of the soil types and appropriate measures relating to the stripping, storage, handling, reinstatement and restoration of soils.

(3) Soil management works must be carried out in accordance with the approved scheme except to the extent that a variation to the scheme is approved by the relevant planning authority in writing.

Agricultural land drainage

13

(1) No stage of the authorised development must commence until a written scheme, applicable to that stage, to deal with agricultural land drainage within the works limits has been submitted to and approved, in writing, by the relevant planning authority.

(2) The purpose of the scheme is to ensure that, during and following construction, the efficiency of drainage is maintained within and outside the works limits.

(3) The scheme must include an investigation and assessment report giving details of existing drainage arrangements and requirements for pre-construction works and post-construction reinstatement.

(4) Works must be carried out in accordance with the approved scheme except to the extent that a variation to the scheme is approved by the relevant planning authority in writing.

Archaeology

14

(1) No stage of the authorised development must commence until, for that stage, a written scheme for the investigation (“WSI”) of areas of archaeological interest (as identified in the draft WSI numbered WCGP 14.2.12.5 contained in the environmental statement) has been submitted to and approved, in writing, by the relevant planning authority. The scheme must include copies of and take account of any consultation responses from the county council and English Heritage.

(2) The scheme must be based on the draft WSI in the environmental statement and must identify areas where archaeological works are required and the measures to be taken to protect, record or preserve any significant archaeological remains that may be found.

(3) The WSI must identify a suitably qualified person or body that must carry out any archaeological works under the scheme.

(4) Any archaeological works must be carried out in accordance with the approved scheme except to the extent that a variation to the scheme is approved by the relevant planning authority in writing. Any submission to vary the approved scheme must include copies of and take account of any consultation responses from the county council and English Heritage.

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The Willington C Gas Pipeline Order 2014

PART 1 — PRELIMINARY

Citation and commencement

1

Interpretation

2

Application and modification of legislative provisions

3

PART 2 — PRINCIPAL POWERS

Development consent granted by Order

4

Maintenance and diversion of the authorised development

5

Operation and use of authorised development

6

Limits of deviation

7

Benefit of Order

8

Consent to transfer benefit of Order

9

PART 3 — STREETS

Street works

10

Public rights of way

11

Access to works

12

Agreements with street authorities

13

PART 4 — SUPPLEMENTAL POWERS

Discharge of water

14

Authority to survey and investigate land

15

PART 5 — POWERS OF ACQUISITION

Compulsory acquisition of existing rights in land

16

Time limit for exercise of authority to acquire land compulsorily

17

Compulsory acquisition of new rights, etc.

18

Power to override easements and other rights

19

Private rights of way

20

Application of Compulsory Purchase (Vesting Declarations) Act 1981

21

Acquisition of subsoil

22

Rights under or over streets

23

Temporary use of land for carrying out authorised development

24

Temporary use of land for maintaining authorised development

25

No double recovery

26

Statutory undertakers

27

Recovery of costs of new connections

28

Railway and navigation crossings

29

PART 6 — MISCELLANEOUS AND GENERAL

Defence to proceedings in respect of statutory nuisance

30

Operational land for purposes of 1990 Act

31

Felling or lopping of trees, etc.

32

Certification of plans, etc.

33

Arbitration

34

Protection of interests

35

Service of notices

36

SCHEDULE 1 — AUTHORISED DEVELOPMENT AND REQUIREMENTS