The Willington C Gas Pipeline Order 2014

• 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 1980⁴⁴;

• “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;

• (c) the detailed pipeline route alignment; and

• (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.

Ecological management plan

15

• (1) No stage of the authorised development must commence until a written ecological management plan for that stage reflecting the survey results and ecological mitigation and enhancement measures included in the environmental statement and including details of the appointment and duties of an environmental manager/clerk of works has been submitted to and approved, in writing, by the relevant planning authority.

• (2) The ecological management plan must include an implementation timetable, and environmental management must be carried out in accordance with the approved plan except to the extent that a variation to the scheme is approved by the relevant planning authority in writing.

Temporary external lighting

16

• (1) No stage of the authorised development must commence until details of any temporary external lighting to be installed at that stage, including measures to prevent light spillage, have been submitted to and approved, in writing, by the relevant planning authority.

• (2) The details must include and take account of any consultation responses from the local highway authority.

• (3) The temporary external lighting must be installed 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.

• (4) Any submission to vary the approved details must include copies of and take account of any consultation responses from the local highway authority.

Control of noise during construction and maintenance

17

• (1) No stage of the authorised development must commence until a written scheme for noise management during construction and maintenance of that stage has been submitted to and approved, in writing, by the relevant planning authority. The scheme must be based on the assessment and mitigation proposals contained in chapter 10 of the environmental statement with reference to BS5228 (code of practice for noise and vibration control at construction and open sites).

• (2) The scheme must set out the particulars of—

• (a) the works and the method by which they are to be carried out;

• (b) the noise-attenuation measures to be taken to minimise noise resulting from the works, including any noise limits; and

• (c) the provision of mitigation and, where relevant, agreed compensation terms for noise disturbance.

• (3) The construction and maintenance works must be undertaken 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.

Construction hours

18

• (1) Construction work must not take place outside the following hours—

• (a) 7 a.m. to 7 p.m. on Monday to Friday (excluding bank holidays); or

• (b) 7 a.m. to 5 p.m. on Saturday,

except if it—

• (c) is associated with an emergency;

• (d) is carried out with the prior written approval of the relevant planning authority;

• (e) does not cause night-time noise limits approved under Requirement 17 to be exceeded; or

• (f) is required for the crossings of the River Dove, Carriers Road (A5132), A38, A515, Trent and Mersey Canal or railway lines and any other crossing locations approved, in writing, by the relevant planning authority.

• (2) Heavy commercial vehicular traffic associated with the construction of the authorised development must not enter or leave the construction site outside the following hours—

• (a) 7 a.m. to 7 p.m. on Monday to Friday (excluding bank holidays); or

• (b) 8 a.m. to 4 p.m. on Saturday,

except if such movement—

• (c) is associated with an emergency; or

• (d) is carried out with the prior written approval of the relevant planning authority.

Control of dust emissions

19

• (1) The authorised development must not commence until a written scheme for the management and mitigation of dust emissions has been submitted to and approved, in writing, by the relevant planning authority.

• (2) The approved scheme for the management and mitigation of dust emissions must be implemented before and maintained during the construction of the relevant stage of the authorised development except to the extent that a variation to the scheme is approved by the relevant planning authority in writing.

European protected species

20

• (1) No stage of the authorised development must commence until, for that stage, a scheme of protection and mitigation measures in compliance with all relevant licensing requirements for licensable activities in respect of European protected species within that stage has been submitted to and approved, in writing, by the relevant planning authority.

• (2) The scheme must also include details of the measures to be taken to avoid or minimise—

• (a) significant adverse impacts to great crested newts and their breeding habitats; and

• (b) significant adverse impacts on bats and bat roosts in relation to the final route selection, the arrangement and management of construction working areas and the construction of the authorised development.

• (3) The authorised development 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, and any such variation must comply with sub-paragraphs (1) and (2).

Reinstatement of land used temporarily for construction

21

Any land within the works limits that is used temporarily for construction must be reinstated to its former condition (or such condition as the relevant planning authority may approve in writing) within 6 months of completion of the authorised development unless otherwise approved, in writing, by the relevant planning authority.

SCHEDULE 2 — STREETS SUBJECT TO STREET WORKS

1	2	3	4
Area	Street subject to street works	Indicative location on the works plans	Works plans sheet number
East Staffordshire	A515, South of Yoxall	13.1	1
East Staffordshire	A515, South of Yoxall	13.2	1
East Staffordshire	Meadow Lane, Yoxall	13.3	1
East Staffordshire	B5016, Barton Gate	13.4	2
East Staffordshire	Dunstall Cross Lane	13.5	3
East Staffordshire	Scotch Hills Lane	13.6	3
East Staffordshire	Rangemore Hill	13.7	4
East Staffordshire	Tatenhill, Rangemore	13.8	4
East Staffordshire	B5017, Needwood	13.9	5
East Staffordshire	Hanbury Road, Anslow Gate	13.10	5
East Staffordshire	Bushton Lane	13.11	6
East Staffordshire	A511 Burton Road	13.12	7
East Staffordshire	Church Road, Rolleston	13.13	7
East Staffordshire	Marston Lane, Rolleston	13.14	7
South Derbyshire	Etwall Road	13.15	9
South Derbyshire	A5132 Carriers Road	13.16	9
South Derbyshire	Ash Grove Lane	13.17	9
South Derbyshire	A5132 the Castleway	13.18	9
South Derbyshire	B5008 Etwall Road	13.19	10
South Derbyshire	Findern Lane	13.20	10
South Derbyshire	Twyford Road	13.21	10

SCHEDULE 3 — ACCESS TO WORKS

1	2	3	4	5	6
Area	Description of access	Type	Use Restrictions[^f01000]	Indicative location on the works plans	Works plans sheet number
(*) Use restrictions—	(*) Use restrictions—	(*) Use restrictions—	(*) Use restrictions—	(*) Use restrictions—	(*) Use restrictions—
Primary use: suitable for all construction traffic	Primary use: suitable for all construction traffic	Primary use: suitable for all construction traffic	Primary use: suitable for all construction traffic	Primary use: suitable for all construction traffic	Primary use: suitable for all construction traffic
Secondary use: not to be used for HGVs but suitable for other construction traffic	Secondary use: not to be used for HGVs but suitable for other construction traffic	Secondary use: not to be used for HGVs but suitable for other construction traffic	Secondary use: not to be used for HGVs but suitable for other construction traffic	Secondary use: not to be used for HGVs but suitable for other construction traffic	Secondary use: not to be used for HGVs but suitable for other construction traffic
Restricted use: not to be used for construction traffic but can be used as a plant crossing	Restricted use: not to be used for construction traffic but can be used as a plant crossing	Restricted use: not to be used for construction traffic but can be used as a plant crossing	Restricted use: not to be used for construction traffic but can be used as a plant crossing	Restricted use: not to be used for construction traffic but can be used as a plant crossing	Restricted use: not to be used for construction traffic but can be used as a plant crossing
East Staffordshire	A515, South of Yoxall	Existing Permanent	Primary	12.1	1
East Staffordshire	A515 (West), South of Yoxall	Temporary	Secondary	12.2	1
East Staffordshire	A515 (East), South of Yoxall	Temporary	Primary	12.3	1
East Staffordshire	Meadow Lane (West)	Temporary	Restricted	12.4	1
East Staffordshire	Meadow Lane (East)	Temporary	Restricted	12.5	1
East Staffordshire	B5016 (South), Barton Gate	Temporary	Primary	12.6	2
East Staffordshire	B5016 (North), Barton Gate	Temporary	Primary	12.7	2
East Staffordshire	Dunstall Cross Lane (South)	Temporary	Primary	12.8	3
East Staffordshire	Dunstall Cross Lane (North)	Temporary	Primary	12.9	3
East Staffordshire	Scotch Hills Lane (West)	Temporary	Secondary	12.10	3
East Staffordshire	Scotch Hills Lane (East)	Temporary	Secondary	12.11	3
East Staffordshire	Rangemore Hill (West)	Temporary	Primary	12.12	4
East Staffordshire	Rangemore Hill (East)	Temporary	Restricted	12.13	4
East Staffordshire	Tatenhill (South), Rangemore	Temporary	Primary	12.14	4
East Staffordshire	Tatenhill (North), Rangemore	Temporary	Primary	12.15	4
East Staffordshire	B5017 (South), Needwood	Temporary	Primary	12.16	5
East Staffordshire	B5017 (North), Needwood	Temporary	Primary	12.17	5
East Staffordshire	Hanbury Road (West), Anslow Gate	Temporary	Primary	12.18	5
East Staffordshire	Hanbury Road (East), Anslow Gate	Temporary	Primary	12.19	5
East Staffordshire	Bushton Lane (West)	Temporary	Secondary	12.20	6
East Staffordshire	Bushton Lane (East)	Temporary	Secondary	12.21	6
East Staffordshire	A511 Burton Road (West), Tutbury	Temporary	Primary	12.22	7
East Staffordshire	A511 Burton Road (East), Tutbury	Temporary	Primary	12.23	7
East Staffordshire	Church Road, Rolleston (South)	Temporary	Primary	12.24	7
East Staffordshire	Church Road, Rolleston (North)	Temporary	Primary	12.25	7
East Staffordshire	Marston Lane, Rolleston (West)	Temporary	Restricted	12.26	7
East Staffordshire	Marston Lane, Rolleston (East)	Temporary	Restricted	12.27	7
South Derbyshire	Etwall Road (West), Egginton	Temporary	Restricted	12.28	9
South Derbyshire	Etwall Road (East), Egginton	Temporary	Restricted	12.29	9
South Derbyshire	A5132, Carriers Road	Temporary to compound	Primary	12.30	9
South Derbyshire	Ash Grove Lane (West), Egginton	Temporary	Restricted	12.31	9
South Derbyshire	Ash Grove Lane (East), Egginton	Temporary	Restricted	12.32	9
South Derbyshire	A5132, the Castleway (South), Willington	Temporary	Primary	12.33	9
South Derbyshire	A5132, the Castleway (North), Willington	Temporary	Primary	12.34	9
South Derbyshire	Findern Lane (West), Willington	Temporary	Primary	12.35	10
South Derbyshire	Findern Lane (East), Willington	Temporary	Primary	12.36	10
South Derbyshire	A5132, Twyford Road, Willington	Existing Permanent	Primary	12.37	10

SCHEDULE 4 — LAND IN WHICH SURVEYS AND INVESTIGATIONS MAY BE CARRIED OUT

(1)	(2)
1, 2, 3, 3B, 4, 4B, 5, 5B, 6, 6B, 8, 9, 9B, 10, 11, 11B, 12, 13, 14, 15, 16,17, 18, 19, 20, 21, 22, 23, 23B, 24, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 44, 45, 45B, 46, 47, 47B, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 77B, 78, 78B, 79, 79B, 79C, 80, 81, 82, 83, 84, 84B, 84C, 85, 86, 87, 88, 89, 90, 90B, 90C, 91, 92, 93, 94, 95, 98, 99, 100, 101, 102, 102B, 102C, 102D, 103, 104, 105, 106, 107, 108, 108B, 109, 109B, 109C, 109D, 109E, 110, 110B, 110C, 111, 112, 113, 114, 119, 119B, 120, 121, 122, 123, 124, 125, 126, 127, 128, 128B, 129, 131, 131B, 132, 134, 134B, 134C, 134D, 135, 136, 137	Temporary rights of access, with or without vehicles, plant, apparatus and materials: (a) to carry out soil tests, surveys (including environmental, ecological and archaeological surveys) and other investigation works including the making of trial holes and boreholes; and (b) to carry out non-intrusive environmental wildlife surveys on the land and on each water body on the land including the assessment of habitats.
7	Temporary rights of access, with or without vehicles, plant, apparatus and materials: (a) to carry out surveys and other investigation works (including environmental, ecological and archaeological surveys but excluding the making of trial holes and boreholes); and (b) to carry out non-intrusive environmental wildlife surveys on the land and on each water body on the land including the assessment of habitats.
139	Temporary right of access, plant, apparatus and materials to carry out surveys and other investigation work (including environmental, ecological and archaeological surveys but excluding the making of trial holes and boreholes).
Those plots described in the book of reference prefixed with S	The right to access the land from time to time, with or without vehicles, to carry out non-intrusive environmental wildlife surveys on the land and on each water body on the land including the assessment of habitats.

SCHEDULE 5 — LAND IN WHICH ONLY NEW RIGHTS, ETC. MAY BE ACQUIRED

(1)	(2)
Number of land shown on land plans	New rights over the land to be acquired
1	(a) Right of access to construct, place and use the pipeline together with all necessary ancillary equipment, works and apparatus; (b) Right of access, once the pipeline is laid, to inspect and to excavate and to open up or carry out works on a strip of land 18.3 metres in width (under which the pipeline has been laid) in order to maintain45 the pipeline; (c) Right of access to execute any other works for the purposes of or incidental to the construction, use or maintenance of the pipeline or in consequence of its being placed there including but not limited to drainage works, ground and aerial marker posts, temporary bridges and pedestrian crossings over ditches, protective concrete slabs, culverts to facilitate inspection and maintenance and cathodic or other protection works; and (d) Right of access with or without vehicles, plant, apparatus and materials to pass over the land for the purposes of exercising or in connection with the rights referred to above.
1, 2	Right of access with or without vehicles, plant, apparatus and materials to pass over and use the land for construction purposes in connection with the construction of the pipeline or the above-ground installation.
7	(a) Right of access to construct, place and use the pipeline together with all necessary ancillary equipment, works and apparatus; (b) Right of access, once the pipeline is laid, to maintain the pipeline; and (c) Right of access to execute any other works for the purposes of or incidental to the construction, use or maintenance of the pipeline or in consequence of its being placed there including but not limited to drainage works, ground and aerial marker posts, inspection and maintenance, culverts to facilitate inspection and maintenance and cathodic or other protection works. (d) Right of access with or without vehicles, plant, apparatus and materials to pass over the land for the purposes of exercising or in connection with the rights referred to above.
10	(a) Right of access to construct, place and use the pipeline together with all necessary ancillary equipment, works and apparatus; (b) Right of access, once the pipeline is laid, to excavate and to open up or carry out works on any unbuilt-upon land in order to maintain the pipeline; (c) Right of access to execute any other works for the purposes of or incidental to the construction use or maintenance of the pipeline or in consequence of its being placed there including but not limited to drainage works, ground and aerial marker-posts, temporary bridges and pedestrian crossings over ditches, protective concrete slabs, culverts to facilitate inspection and maintenance and cathodic or other protection works; and (d) Right of access with or without vehicles, plant, apparatus and materials to pass over the land for the purposes of exercising or in connection with the rights referred to above.
11	Right of access with or without vehicles, plant, apparatus and materials to pass over the land in connection with the construction use or maintenance of the pipeline.
11B, 19, 20, 24, 26, 54, 58, 83, 89, 90, 90C, 91, 92, 93, 95, 108, 108B, 109B, 109D, 109E, 110, 112, 128B, 134, 134B	(a) Right of access to construct, place and use the pipeline together with all necessary ancillary equipment, works and apparatus; (b) Right of access, once the pipeline is laid, to excavate and to open up or carry out works on any unbuilt-upon land within a strip of land 30 metres in width (under which the pipeline has been laid) in order to maintain the pipeline; (c) Right of access to execute any other works for the purposes of or incidental to the construction, use or maintenance of the pipeline or in consequence of its being placed there including but not limited to drainage works, ground and aerial marker-posts, temporary bridges and pedestrian crossings over ditches, protective concrete slabs, culverts to facilitate inspection and maintenance and cathodic or other protection works; and (d) Right of access with or without vehicles, plant, apparatus and materials to pass over the land for the purposes of exercising or in connection with the rights referred to above.
80, 81, 84C	Right of access with or without vehicles, plant, apparatus and materials to pass over the land in connection with the construction use or maintenance of the pipeline.
102C	Right of access to create an access and, with or without vehicles, plant apparatus and materials, to pass over the land in connection with the construction and use of the Works No.8 (the Carriers Road Temporary Works Compound).
130, 130B, 133, 138	(a) Right of access to construct, place and use the pipeline together with all necessary ancillary equipment, works and apparatus; (b) Right of access, once the pipeline is laid, to maintain the pipeline; and (c) Right of access to execute any other works for the purposes of or incidental to the construction of the pipeline or in consequence of its being placed there including but not limited to drainage works, and inspection, monitoring, maintenance, culverts to facilitate inspection and maintenance and cathodic or other protection works.
138B, 139, 139B	(a) Right of access to construct, place and use the pipeline together with all necessary ancillary equipment, works and apparatus; (b) Right of access, once the pipeline is laid, to maintain the pipeline; and (c) Right of access to execute any other works for the purposes of or incidental to the construction use or maintenance of the pipeline or in consequence of its being placed there including but not limited to drainage works, ground and aerial marker-posts, and inspection, monitoring, maintenance, culverts to facilitate inspection and maintenance and cathodic or other protection works. (d) Right of access with plant, apparatus and materials to pass over the land on foot for the purposes of exercising or in connection with the rights referred to above.

SCHEDULE 6 — LAND OVER WHICH RESTRICTIVE OBLIGATIONS AND RIGHTS OF SUPPORT ARE REQUIRED

(1)	(2)	(3)
Area	Number of land shown on land plans	Details of restrictive covenants and right of support required
East Staffordshire	1	(a) Not to erect, construct or place or allow to be erected, constructed or placed any building or structure on or carry out or allow to be carried out any excavation (save normal agricultural operations, which must not damage or otherwise affect the safety or integrity of the pipeline) of the part of the land comprising a strip 18.3 metres in width in which the pipeline is centrally situated (the “Plot 1 Easement Strip”). (b) Not to plant or allow to be planted or otherwise subsist on the Plot 1 Easement Strip any trees. (c) Not materially to raise or lower or allow to be raised or lowered the existing level of the Plot 1 Easement Strip. (d) Not to undermine or damage or allow to be undermined or damaged the pipeline comprising part of the authorised development or do or allow to be done anything which may interfere with free flow and passage through the pipeline. (e) The right to continuous vertical and lateral support for the authorised development.
East Staffordshire and South Derbyshire	7, 10, 11B, 19, 20, 24, 26, 54, 58, 83, 89, 90, 90C, 91, 92, 93, 95, 108, 108B, 109B, 109D, 109E, 110, 112, 128B, 134, 134B	(a) Not to erect, construct or place or allow to be erected, constructed or placed any building or structure on or carry out or allow to be carried out any excavation (save normal agricultural operations, which must not damage or otherwise affect the safety or integrity of the pipeline) of the part of the land comprising a strip 7 metres in width in which the pipeline is centrally situated (the “Easement Strip”). (b) Not to plant or allow to be planted or otherwise subsist on the Easement Strip any trees. (c) Not materially to raise or lower or allow to be raised or lowered the existing level of the Easement Strip. (d) Not to undermine or damage or allow to be undermined or damaged the pipeline comprising part of the authorised development or do or allow to be done anything which may interfere with free flow and passage through the pipeline. (e) The right to continuous vertical and lateral support for the authorised development.
South Derbyshire	130, 130B, 133, 138	(a) Not to erect, construct or place or allow to be erected, constructed or placed any building or structure on or carry out or allow to be carried out any excavation (save normal railway apparatus and equipment, which must not damage or otherwise affect the safety or integrity of the pipeline) of the part of the land comprising the Easement Strip. (b) Not to plant or allow to be planted or otherwise subsist on the Easement Strip any trees. (c) Not materially to raise or lower or allow to be raised or lowered the existing level of the Easement Strip. (d) Not to undermine or damage or allow to be undermined or damaged the pipeline comprising part of the authorised development or do or allow to be done anything which may interfere with free flow and passage through the pipeline. (e) The right to continuous vertical and lateral support for the authorised development.
South Derbyshire	139	(a) Not to erect, construct or place or allow to be erected, constructed or placed any building or structure on or carry out or allow to be carried out any excavation (save normal waterways apparatus and equipment, which must not damage or otherwise affect the safety or integrity of the pipeline) of the part of the land comprising the Easement Strip. (b) Not to plant or allow to be planted or otherwise subsist on the Easement Strip any trees. (c) Not materially to raise or lower or allow to be raised or lowered the existing level of the Easement Strip. (d) Not to undermine or damage or allow to be undermined or damaged the pipeline comprising part of the authorised development or do or allow to be done anything which may interfere with free flow and passage through the pipeline. (e) The right to continuous vertical and lateral support for the authorised development.
South Derbyshire	138B, 139B	(a) Not to erect, construct or place or allow to be erected, constructed or placed any building or structure on or carry out or allow to be carried out any excavation (save normal railways or waterways apparatus and equipment, which must not damage or otherwise affect the safety or integrity of the pipeline) of the part of the land comprising the Easement Strip. (b) Not to plant or allow to be planted or otherwise subsist on the Easement Strip any trees. (c) Not materially to raise or lower or allow to be raised or lowered the existing level of the Easement Strip. (d) Not to undermine or damage or allow to be undermined or damaged the pipeline comprising part of the authorised development or do or allow to be done anything which may interfere with free flow and passage through the pipeline. (e) The right to continuous vertical and lateral support for the authorised development.

SCHEDULE 7 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS, ETC.

Compensation enactments

1

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

2

• (1) Without limiting paragraph 1, the Land Compensation Act 1973⁴⁶ has effect subject to the modifications set out in sub-paragraph (2).

• (2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 of the 1965 Act,—

• (a) for the words “land is acquired or taken” there are substituted the words “a right or restrictive obligation over land is purchased”; and

• (b) for the words “acquired or taken from him” there are substituted the words “over which the right is exercisable or the restrictive covenant is enforceable”.

Application of 1965 Act

3

• (1) The 1965 Act has effect with the modifications necessary to make it apply to the compulsory acquisition under this Order of a right by the creation of a new right, or to the imposition under this Order of a restrictive obligation, as it applies to the compulsory acquisition under this Order of land, so that, in appropriate contexts, references in that Act to land are to be read (according to the requirements of the particular context) as referring to, or as including references to,—

• (a) the right acquired or to be acquired or the restrictive obligation imposed or to be imposed; or

• (b) the land over which the right is or is to be exercisable or the restrictive obligation is or is to be enforceable.

• (2) Without limiting sub-paragraph (1), Part 1 of the 1965 Act applies in relation to the compulsory acquisition under this Order of a right by the creation of a new right or in relation to the imposition of a restrictive obligation with the modifications specified in the following provisions of this Schedule.

4

Section 11 of the 1965 Act (powers of entry) is modified so as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any new right or restrictive obligation, it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive obligation (which is deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry)⁴⁷ and 13 (entry on warrant in the event of obstruction)⁴⁸ of the 1965 Act are modified correspondingly.

SCHEDULE 8 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

(1)	(2)	(3)
Area	Number of land shown on land plans	Purpose for which temporary possession may be taken
East Staffordshire and South Derbyshire	All plots described in the book of reference and shown on the land plans excluding plots prefixed with ‘S’ and excluding the plot numbered 115	Carrying out the authorised development granted by this Order and shown on the works plans sheets 1 to 10, including fencing, vegetation clearance, ecological mitigation work (where necessary), topsoil stripping, hedgerow removal, construction of access facilities, taking of access, excavation of shafts and tunnels, pipeline construction work, constructing temporary bridges and culverts, constructing micro-tunnels and shafts, constructing temporary compounds, reinstatement and marking and any other works required for the carrying out of the authorised development.

SCHEDULE 9 — PROTECTIVE PROVISIONS

PART 1 — FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE STATUTORY UNDERTAKERS

1

The provisions of this Part have effect for the protection of the statutory undertakers referred to in this Part, unless otherwise agreed in writing between the undertaker and the statutory undertaker concerned.

2

In this Part—

• “alternative apparatus” means alternative apparatus adequate to enable the undertaker in question to fulfil its statutory functions in a manner not less efficient than previously;

• “apparatus” means any apparatus within the works limits as follows— in the case of a statutory undertaker within paragraph (a) of the definition, electric lines or electrical plant (as defined in section 64 of the Electricity Act 1989⁴⁹), belonging to or maintained by the undertaker for the purposes of electricity supply; in the case of a statutory undertaker within paragraph (b) of the definition, any gas mains, pipes or other apparatus belonging to or maintained by the undertaker for the purposes of gas supply; in the case of a statutory undertaker within paragraph (c) of the definition, water mains, pipes or other apparatus belonging to or maintained by the undertaker for the purposes of water supply; and in the case of a statutory undertaker within paragraph (d) of the definition— any drain or works vested in the statutory undertaker under the Water Industry Act 1991⁵⁰; and any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) of that Act or an agreement to adopt made under section 104 of that Act, and includes a sludge main, disposal main (within the meaning of section 219 of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works, and in each case includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

• “functions” includes powers and duties;

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

• “statutory undertaker” means— any licence holder within the meaning of Part 1 of the Electricity Act 1989; a gas transporter within the meaning of Part 1 of the Gas Act 1986⁵¹; a water undertaker⁵²; and a sewerage undertaker, for the area of the authorised development (save National Grid Gas and National Grid Electricity, which are not “statutory undertakers” for the purposes of this Part) and, in relation to any apparatus, means the statutory undertaker to whom it belongs or by whom it is maintained.

3

This Part does not apply to apparatus in respect of which the relations between the undertaker and the statutory undertaker are regulated by the provisions of Part 3 of the 1991 Act.

4

Despite any provision in this Order or anything shown on the book of reference or on the land plans, the undertaker does not acquire any apparatus otherwise than by agreement.

5

• (1) If, in the exercise of the powers conferred by this Order or otherwise obtained by private treaty, the undertaker acquires any interest in any land in which any apparatus is placed, that apparatus must not be removed under this Part and any right of a statutory undertaker to maintain that apparatus in that land must not be extinguished until alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the statutory undertaker in question.

• (2) If, for the purpose of executing any works in, on, over or under any land purchased, held, appropriated or used under this Order or in, on, over or under any land within the works limits, the undertaker requires the removal of any apparatus placed in that land, it must give to the statutory undertaker in question written notice of that requirement, together with a plan and section of the work proposed.

• (3) If alternative apparatus or any part of such apparatus is to be constructed as a consequence of the removal of apparatus placed on the land referred to in sub-paragraph (2), the statutory undertaker in question must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use its best endeavours to obtain the necessary facilities and rights in other land in which the alternative apparatus is to be constructed.

• (4) The statutory undertaker in question must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 34 (arbitration), and after the grant to the statutory undertaker of any such facilities and rights as are referred to in sub-paragraph (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part.

• (5) Despite anything in sub-paragraph (4), if the undertaker gives notice in writing to the statutory undertaker in question that it desires itself to execute any work or part of any work in connection with the construction or removal of apparatus, that work, instead of being executed by the statutory undertaker, must be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the statutory undertaker.

• (6) Nothing in sub-paragraph (5) authorises the undertaker to execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or execute any filling around the apparatus (where the apparatus is laid in a trench) within 300 millimetres of the apparatus.

6

• (1) Not less than 28 days before starting the execution of any works of the type referred to in paragraph 5(2) that will or may adversely affect any apparatus the removal of which has not been required by the undertaker under that sub-paragraph, the undertaker must submit to the statutory undertaker in question a plan, section and description of the works to be executed.

• (2) Those works are to be executed only in accordance with the plan, section and description submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by the statutory undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the statutory undertaker is entitled to watch and inspect the execution of those works.

• (3) Any requirements made by a statutory undertaker under sub-paragraph (2) must be made within a period of 21 days beginning with the date on which a plan, section and description under sub-paragraph (1) are submitted to it.

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

• (5) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any works, a new plan, section and description instead of the plan, section and description previously submitted, and if this is done, the provisions of this paragraph apply to and in respect of the new plan, section and description.

• (6) The undertaker is not required to comply with sub-paragraph (1) in a case of emergency but in that case it must give to the statutory undertaker in question notice as soon as is reasonably practicable and a plan, section and description of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (2) in so far as is reasonably practicable in the circumstances.

7

• (1) Subject to the following provisions of this paragraph, the undertaker must repay to a statutory undertaker the proper and reasonable expenses incurred by that statutory undertaker in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any new apparatus (including the proper and reasonable costs or compensation payable in connection with the acquisition of land for that purpose) which may be required in consequence of the execution of any such works as are referred to in paragraph 5(2).

• (2) The value of any apparatus removed under the provisions of this Part is to be deducted from any sum payable under sub-paragraph (1), that value being calculated after removal.

• (3) If in accordance with the provisions of this Part—

• (a) apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or

• (b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by undertaker or, in default of agreement, is not determined by arbitration in accordance with article 34 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part exceeding those 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 statutory undertaker in question by virtue of sub-paragraph (1) is to be reduced by the amount of that excess.

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

• (a) an extension of apparatus to a length greater than the length of existing apparatus must not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and

• (b) where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole must be treated as if it also had been agreed or had been so determined.

• (5) An amount which apart from this sub-paragraph would be payable to a statutory undertaker in respect of works by virtue of sub-paragraph (1) must, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the statutory 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.

8

• (1) Subject to sub-paragraphs (2) and (3), if by reason, or in consequence, of the construction of any such works referred to in paragraph 5(2), any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of a statutory undertaker, or there is any interruption in any service provided, or in the supply of any goods, by any statutory undertaker, the undertaker must—

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

• (b) make proper and reasonable compensation to that statutory undertaker for any other expenses, loss, damages, penalty or costs incurred by the statutory undertaker,

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

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

• (3) A statutory undertaker must give the undertaker reasonable notice of any such claim or demand, and no settlement or compromise may be made without the consent of the undertaker which, if it withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

PART 2 — FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

1

The provisions of this Part have effect for the protection of the operators referred to in this Part, unless otherwise agreed in writing between the undertaker and the operator concerned.

2

In this Part—

• “2003 Act” means the Communications Act 2003;

• ...

• “electronic communications apparatus” has the same meaning as in the electronic communications code;

• “electronic communications code” has the same meaning as in Chapter 1 of Part 2 of the 2003 Act⁵³;

• “electronic communications code network” means—so much of an electronic communications network or infrastructure system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 of the 2003 Act; andan electronic communications network which the Secretary of State is providing or proposing to provide;

• “electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106 of the 2003 Act;

• “infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7 of that code;

• “operator” means the operator of an electronic communications code network.

3

The exercise of the powers conferred by article 27 (statutory undertakers) is subject to Part 10 of Schedule 3A to the Communications Act 2003.

4

• (1) Subject to sub-paragraphs (2) to (4), if, as the result of the authorised development or its construction, or of any subsidence resulting from any of those works,—

• (a) any damage is caused to any electronic communications apparatus belonging to an operator (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works, or other property of an operator); or

• (b) there is any interruption in the supply of the service provided by an operator,

the undertaker must bear and pay the reasonable and proper cost incurred by the operator in making good such damage or restoring the supply as the case may be and must make proper and reasonable compensation to an operator for any other expenses, loss, damages, penalty or costs incurred by it.

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

• (3) The operator must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise may be made without the consent of the undertaker which, if it withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

5

This Part does not apply to—