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The A160/A180 (Port of Immingham Improvement) Development Consent Order 2015

Type Statutory-Instrument

Publication 2015-02-04

Last updated 2017-12-28

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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In the administrative area of North East Lincolnshire A nationally significant infrastructure project as defined in sections 14 and 22 of the 2008 Act, comprising: Work No. 5 — the construction of a new roundabout junction (referred to in this Schedule as “the Brocklesby Interchange”) to connect the A180 eastbound and westbound with the new A160 dual carriageway. Work No. 6 — the construction of a new A180 bridge to form the east side of the Brocklesby Interchange. Work No. 7 — the construction of a new westbound A180 off-slip to the east of the Brocklesby Interchange. Work No. 8 — the construction of a new eastbound A180 on-slip to the east of the Brocklesby Interchange.

In the administrative area of North Lincolnshire A nationally significant infrastructure project as defined in sections 14 and 22 of the 2008 Act, comprising: Work No. 9 — the diversion of electric cables and associated apparatus at the existing access across the A160, approximately 340 metres north of the Brocklesby Interchange. Work No. 10 — the diversion or protection of a water pipeline under the new A160 just to the west of Ulceby Road Truck Stop. Work No. 11 — the diversion of electric cables and associated apparatus just to the west of Ulceby Road Truck Stop. Work No. 12 — the diversion or protection of up to 2 water pipelines just to the east of Ulceby Road Truck Stop under the new A160 and Ulceby Road Link. Work No. 13 — the construction of a new single carriageway section of A1077 Ulceby Road to connect the existing A1077 Ulceby Road with the new Habrough Road Roundabout. Work No. 14 — the diversion or protection of a high pressure gas pipeline under the new A160 and Ulceby Road Link, 300 metres west of the new Habrough Road Roundabout. Work No. 15 — the diversion of up to 2 high pressure gas pipelines 200 metres west of the new Habrough Road Roundabout under the new A160 and Ulceby Road Link. Work No. 16 — the protection of an intermediate gas pipeline 200 metres west of the new Habrough Road Roundabout under the new A160 and Ulceby Road Link. Work No. 17 — the diversion or protection of high pressure gas pipeline 160 metres from the new Habrough Road Roundabout under the new A160 and Ulceby Road Link. Work No. 18 — the installation of ducts in the proximity of the proposed Habrough Road Roundabout to house cables for the project named “Hornsea Offshore Wind Farm Project One”. Work No. 19 — the construction of a new roundabout to connect the A160 with A1077 Ulceby Road, Habrough Road and East Halton Road. Work No. 20 — the construction of a new single carriageway road between the new Habrough Road Roundabout and East Halton Road, northwards for a distance of 635 metres. Work No. 21 — the construction of a new single carriageway section of Greengate Lane to link Top Road and the existing Greengate Lane to the new East Halton Road link. Work No. 22 — the construction of a new southerly direction single carriageway link road from the new Habrough Road Roundabout to link to the existing Habrough Road and a new link to connect this to the stopped up section of the existing Habrough Road. Work No. 23 — the construction of a new aligned dual carriageway section of the A160 to link the new Habrough Road Roundabout to the existing alignment of the A160. Work No. 24 — the construction of a new eastbound deceleration area, the closure of existing central reserve and construction of physical islands on the A160 at the Town Street junction. Work No. 25 — the construction of a new link road between Town Street North and South, including a new bridge across the A160. Work No. 26 — the realignment of Town Street South between the junction with the A160 and the new Town Street link road. Work No. 27 — the alteration of existing central reserve on the A160 at the entrance to the Humber Oil Refinery to allow right turns in a westbound direction on the A160 only and restrict all other movements that would cross the A160 central reserve. Work No. 28 — the construction of a new dual lane northbound link road between Manby Roundabout and Rosper Road. Work No. 29 — the construction of a new bridge under the existing railway on the new Rosper Road link. Work No. 30 — the diversion of oxygen pipeline under the new Rosper Road Link just north of the existing railway. Work No. 31 — construction of a new northbound single lane road between Humber Road and the new Rosper Road link to allow access for abnormal loads. In connection with the construction of any of those works, associated development within the Order limits consisting of— alteration of the layout of any street permanently or temporarily, including but not limited to increasing the width of the carriageway of the street by reducing the width of any kerb, footpath, footway, cycle track or verge within the street; altering the level or increasing the width of any such kerb, footpath, footway, cycle track or verge; and reducing the width of the carriageway of the street; works required for the strengthening, improvement, maintenance or reconstruction of any street; refurbishment works to any existing bridge; ramps, means of access, non-motorised links, footpaths, footways, cycle tracks and crossing facilities; embankments, viaducts, aprons, abutments, shafts, foundations, retaining walls, drainage, outfalls, ditches, wing walls, highway lighting, fencing and culverts; street works, including breaking up or opening a street, or any sewer, drain or tunnel under it; tunnelling or boring under a street; works to place or maintain apparatus in a street; works to alter the position of apparatus, including mains, sewers, drains and cables; works to alter the course of, or otherwise interfere with a watercourse; landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised development; works for the benefit or protection of land affected by the authorised development; works required for the strengthening, improvement, maintenance or reconstruction of any streets; works to alter or remove road furniture; site preparation works, site clearance (including fencing, vegetation removal, demolition of existing structures and the creation of alternative footpaths) and earthworks (including soil stripping and storage, site levelling); establishment of site construction compounds, temporary vehicle parking, construction fencing, perimeter enclosure, security fencing, construction related buildings, welfare facilities, construction lighting and haulage roads; pumping stations to manage surface water run off; borrow pits to provide a source of construction material; and such other works, working sites, storage areas and works of demolition, as may be necessary or expedient for the purposes of or in connection with the construction of the authorised development.

SCHEDULE 2 — REQUIREMENTS

Interpretation

1

In this Schedule—

“CEMP” means construction environmental management plan;

“European protected species” has the same meaning as in regulations 42 and 46 of the Conservation of Habitats and Species Regulations 2017; and

“the undertaker” means the person who has the benefit of the Order in accordance with article 6 (benefit of Order).

Time limits

2

The authorised development must not commence later than the expiration of 5 years beginning with the date on which this Order comes into force.

Construction Environmental Management Plan

3

(1) No part of the authorised development is to commence until a CEMP for that part has been prepared in consultation with the relevant planning authority, and submitted to and approved in writing by the Secretary of State.

(2) The construction of the authorised development must be carried out in accordance with the approved CEMP.

(3) The CEMP must reflect the mitigation measures included in chapters 6 to 15 of the environmental statement.

(4) The CEMP must incorporate the following plans and programmes—

(a) Site Environmental Control Plans as detailed below—

(i) air pollution prevention;

(ii) water pollution prevention;

(iii) light pollution prevention;

(iv) noise, vibration and other nuisances;

(v) natural environment;

(vi) archaeological management; and

(vii) use of local road network;

(b) Soil Management Plan, including—

(i) soil resource plan, including protection of in situ soils, handling and storage codes of practice;

(ii) on site re-use criteria and measures; and

(iii) borrow pit plan;

(i) management of excavated material and other waste arising;

(ii) waste minimisation;

(iii) hazardous waste management; and

(iv) material re-use, or disposal;

(d) Materials Management Plan, including—

(i) material classification;

(ii) on site re-use criteria and measures; and

(iii) disposal measures; and

(e) Change Control Process.

(5) Each Site Environmental Control Plan detailed in sub-paragraph (4)(a) must incorporate the following—

(a) responsibilities;

(b) consent requirements;

(d) general control measures;

(e) specific control measures;

(f) monitoring and measurement; and

(g) in the event of an emergency.

(6) The CEMP must require—

(a) adherence to the relevant Environment Agency Pollution Prevention Guidelines PPG1, PPG5, PPG6, PPG21 and PPG22; and

(b) adherence to working hours of 7:30 am to 6:00 pm on Mondays to Fridays and 7:30 am to 1:00 pm on Saturdays, except for—

(i) work associated with the installation of the new rail bridge;

(ii) work associated with the bridge decks for the Town Street and Brocklesby bridges;

(iii) works in the carriageway that due to network constraints cannot be completed during normal working hours; and

(iv) extended working hours in the summer months for the earthworks to take advantage of the weather and daylight.

(7) The CEMP must include measures to ensure that the part of Work No. 28 that is on or to the east of Rosper Road can only be undertaken during the months of April to October inclusive.

(8) The plans and programmes listed in sub-paragraph (4) must include measures to address the event that the authorised development coincides with any other major projects in the area which may impact those matters, following consultation with the relevant planning authority.

Landscaping

4

(1) No part of the authorised development is to commence until a written landscaping scheme for that part has been prepared in consultation with the relevant planning authority, and submitted to and approved in writing by the Secretary of State.

(2) The landscaping scheme prepared under requirement 4(1) must reflect the measures shown in appendix 2.1 of the environmental statement.

(3) The landscaping scheme prepared under requirement 4(1) must include details of hard and soft landscaping works, including—

(a) location, number, species, size and planting density of any proposed planting;

(b) cultivation, importing of materials and other operations to ensure plant establishment;

(d) hard surfacing materials;

(e) details of existing trees to be retained, with measures for their protection during the construction period; and

(f) implementation timetables for all landscaping works.

Implementation and maintenance of landscaping

5

(1) The landscaping scheme prepared under requirement 4 must be implemented as part of the authorised development in accordance with a timetable prepared in consultation with the relevant planning authority and submitted to and approved in writing by the Secretary of State.

(2) All landscaping works must be carried out to a reasonable standard in accordance with the relevant recommendations of appropriate British Standards or other recognised codes of good practice.

(3) Any tree or shrub planted as part of the 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 the Secretary of State in consultation with the relevant planning authority gives written consent to any variation.

Fencing

6

Any permanent and temporary fencing and other means of enclosure for the authorised development must be constructed and installed in accordance with the Highways Agency’s Manual of Contract Documents for Highway Works Volume 1 – Specification for Highway Works (consolidated edition, November 2005, as amended as at May 2014), except where any departures from that manual are agreed in writing by the Secretary of State.

Contaminated land and groundwater

7

(1) In the event that contaminated land, including groundwater, is found at any time when carrying out the authorised development, which was not previously identified in the environmental statement, the undertaker must cease construction of the authorised development in the vicinity of that contaminated land and must report it immediately in writing to the Secretary of State, the Environment Agency and relevant planning authority, and in agreement with the Environment Agency and the relevant planning authority undertake a risk assessment of the contamination.

(2) Where the undertaker determines that remediation is necessary, a written scheme and programme for the remedial measures to be taken to render the land fit for its intended purpose must be submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority and the Environment Agency.

(3) No remedial work constituting a material operation (as defined in section 155 (when development begins) of the 2008 Act) in respect of contamination of any land, including groundwater, within the Order limits is to be carried out until the scheme for remediation has been approved under sub-paragraph (2).

(4) Remediation must be carried out in accordance with the approved scheme.

Archaeology

8

(1) No part of the authorised development is to commence until, for that part, a written scheme for the investigation of areas of archaeological interest, reflecting the mitigation measures included in chapter 7 of the environmental statement, has been prepared in consultation with the relevant planning authority, and submitted to and approved in writing by the Secretary of State.

(2) The authorised development must be carried out in accordance with the scheme referred to in sub-paragraph (1).

(3) A copy of any analysis, reporting, publication or archiving required as part of the written scheme referred to in sub-paragraph (1) must be deposited with the Historic Environment Record of the relevant planning authority within one year of the date of completion of the authorised development or such other period as may be agreed in writing by the relevant planning authority.

(4) Any archaeological remains not previously identified which are revealed when carrying out the authorised development must be retained in situ and reported to the relevant planning authority and Secretary of State within 10 working days.

(5) No construction operations are to take place within 10 metres of such remains for a period of 14 days from the date of such notification unless otherwise agreed in writing by the Secretary of State.

(6) If the Secretary of State is of the view that the archaeological remains require further investigation, no construction operations are to take place within 10 metres of the remains until provision has been made, in consultation with the relevant planning authority, for the further investigation and recording of the remains in accordance with details to be submitted in writing to, and approved in writing by, the Secretary of State.

Ecological management plan

9

(1) No part of the authorised development is to commence until a written ecological management plan applicable to that part has been prepared, submitted to and approved in writing by the Secretary of State in consultation with the relevant planning authority and with Natural England in so far as relevant to protected species or protected sites.

(2) The ecological management plan prepared under sub-paragraph (1) must reflect—

(a) the survey results and ecological mitigation measures included in chapter 9 of the environmental statement;

(b) the monitoring proposals set out in table 9.15 of the environmental statement; and

and must include a timetable for its implementation.

(3) The construction of the authorised development must be carried out in accordance with the ecological management plan.

(4) In the event that any European protected species is found at any time when carrying out the authorised development, which was not previously identified in the environmental statement the undertaker must cease construction works within 10 metres of the location of that European protected species and report it immediately to Natural England and the relevant planning authority.

(5) The undertaker must prepare a written scheme for the protection and mitigation measures for any European protected species found when carrying out the authorised development, which was not previously identified in the environmental statement.

(6) The undertaker must implement the written scheme prepared under sub-paragraph (4) immediately and construction within 10 metres of the European protected species must not recommence until any necessary licences are obtained.

Water vole, badgers and bat roosts

10

(1) No part of the authorised development is to commence until additional surveys for that part have been undertaken to establish the position of water vole, badgers and bat roosts.

(2) Where the presence of water vole, badgers or bat roosts is found to pose a constraint to development, the undertaker must prepare a scheme of mitigation measures to be submitted to and approved in writing by the Secretary of State in consultation with the relevant planning authority and Natural England.

(3) The mitigation measures must be carried out in accordance with the approved scheme.

11

(1) No part of the authorised development may be brought into operation until a method statement for that part detailing the sensitive management of highway ditches for water voles reflecting paragraph 9.7.21 of the environmental statement has been prepared, submitted to and approved in writing by the Secretary of State in consultation with the relevant planning authority.

(2) The authorised development must be operated in accordance with the approved method statement.

Traffic management

12

(1) No part of the authorised development is to commence until a traffic management plan for the construction of that part of the authorised development has been submitted and approved in writing by the Secretary of State, following consultation with the relevant highway authority.

(2) The authorised development must be constructed in accordance with the approved traffic management plan.

Detailed design

13

New or altered sections of carriageway must be constructed using low noise surfacing as defined in annex 4 of part 7 of volume 11, section 3 of the Design Manual for Roads and Bridges (HD213/11).

14

No part of the authorised development is to be brought into use until the detailed design of any noise barriers to be erected for that part has been submitted and approved by the Secretary of State in consultation with the relevant planning authority, and those barriers have been constructed in accordance with the approved design.

15

The authorised development must be carried out in accordance with the scheme design shown on the engineering drawings and sections.

Surface and foul water drainage

16

(1) No authorised development is to commence until written details of the surface and foul water drainage system, reflecting the mitigation measures in chapters 2, 9 and 15 of the environmental statement and including means of pollution control and design details of the pumping stations to be constructed as part of the associated development to manage surface run off, have been prepared, submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority and the Environment Agency.

(2) The drainage system must be constructed in accordance with the approved details referred to in paragraph (1).

Approvals and amendments to approved details

17

With respect to any requirement which requires the authorised development, or any part of the authorised development, to be carried out in accordance with the details, plan or scheme approved under this Schedule, the approved details, plan or scheme are taken to include any amendments that may subsequently be approved in writing by the Secretary of State, in consultation with any other consultee specified in the requirement in question.

SCHEDULE 3 — CLASSIFICATION OF ROADS, ETC.

PART 1 — TRUNK ROADS

(1) Area	(2) Length of road to become a trunk road
North East Lincolnshire and North Lincolnshire	A160 between point 1/9 and 2/33 on the Streets, Rights of Way and Access Plans Sheets 1 and 2.
North East Lincolnshire and North Lincolnshire	A180 – A160 Eastbound off-slip between point 1/1 and 1/2 on the Streets, Rights of Way and Access Plans Sheet 1.
North East Lincolnshire and North Lincolnshire	A160 – A180 Westbound on-slip between point 1/4 and 1/3 on the Streets, Rights of Way and Access Plans Sheet 1.
North East Lincolnshire	A160 – A180 Eastbound on-slip between point 1/5 and 1/6 on the Streets, Rights of Way and Access Plans Sheet 1.
North East Lincolnshire	A180 – A160 Westbound off-slip between point 1/8 and 1/7 on the Streets, Rights of Way and Access Plans Sheet 1.
North East Lincolnshire	A160 circulatory carriageway at Brocklesby Interchange indicated by point 1/10 on the Streets, Rights of Way and Access Plans Sheet 1.

PART 2 — OTHER ROAD CLASSIFICATIONS

(1) Area	(2) Length of road	(3) Old Classification	(4) New Classification
North Lincolnshire	From point 2/21 to point 2/22 on the Streets, Rights of Way and Access Plans Sheet 2.	Not applicable	A1077
North Lincolnshire	From point 2/23 to point 2/24 on the Streets, Rights of Way and Access Plans Sheet 2.	Not applicable	C131
North Lincolnshire	From point 2/25 to point 2/26 on the Streets, Rights of Way and Access Plans Sheet 2.	Not applicable	Unclassified
North Lincolnshire	From point 2/27 to point 2/28 on the Streets, Rights of Way and Access Plans Sheet 2.	C131	Unclassified
North Lincolnshire	From point 2/29 to point 2/30 on the Streets, Rights of Way and Access Plans Sheet 2.	Not applicable	C131
North Lincolnshire	From point 2/32 to point 2/31 on the Streets, Rights of Way and Access Plans Sheet 2.	Not applicable	Unclassified
North Lincolnshire	From point 3/3 to point 3/4 on the Streets, Rights of Way and Access Plans Sheet 3.	Not applicable	Unclassified
North Lincolnshire	From point 4/2 to point 4/3 on the Streets, Rights of Way and Access Plans Sheet 4.	Not applicable	A160
North Lincolnshire	From point 4/4 to point 4/5 on the Streets, Rights of Way and Access Plans Sheet 4.	C133	A160
North Lincolnshire	From point 4/9 to point 4/10 on the Streets, Rights of Way and Access Plans Sheet 4.	Not applicable	Unclassified

PART 3 — ROADS TO BE DE-TRUNKED

(1) Area	(2) Length of road to be de-trunked	(3) Old classification	(4) New classification
North Lincolnshire	From point 2/C to point 2/D on the Streets, Rights of Way and Access Plans Sheet 2.	A160	A1077

PART 4 — ROADS SUBJECT TO 30 MILES PER HOUR LIMIT

(1) Area	(2) Length of road
North Lincolnshire	Greengate Lane from point 2/4 to point 2/5 on the Traffic Regulation Plans Sheet 2.
North Lincolnshire	Town Street Link from point 3/2 to point 3/3 on the Traffic Regulation Plans Sheet 3.

PART 5 — ROADS SUBJECT TO 40 MILES PER HOUR LIMIT

(1) Area	(2) Length of road
North Lincolnshire	C131 from point 2/1 to point 2/2 on the Traffic Regulation Plans Sheet 2.
North Lincolnshire	Greengate Lane from point 2/3 to point 2/4 on the Traffic Regulation Plans Sheet 2.
North Lincolnshire	Habrough Link Road from point 2/9 to point 2/10 on the Traffic Regulation Plans Sheet 2.
North Lincolnshire	C131 from point 2/11 to point 2/12 on the Traffic Regulation Plans Sheet 2.
North Lincolnshire	A160 from point 4/2 to points 4/9 and 4/10 on the Traffic Regulation Plans Sheet 4.
North Lincolnshire	A160 from point 4/6 to point 4/8 on the Traffic Regulation Plans Sheet 4.

PART 6 — ROADS SUBJECT TO 50 MILES PER HOUR LIMIT

(1) Area	(2) Length of road
North Lincolnshire	A160 from point 2/6 to point 2/7 on the Traffic Regulation Plans Sheet 2.

PART 7 — ROADS SUBJECT TO WEIGHT RESTRICTIONS

(1) Area	(2) Length of road subject to weight restriction	(3) Weight restriction
North Lincolnshire	C131 from point 2/1 to point 2/2 on the Traffic Regulation Plans Sheet 2.	7.5 tonne limit
North Lincolnshire	Greengate Lane from point 2/3 to point 2/5 on the Traffic Regulation Plans Sheet 2.	7.5 tonne limit
North Lincolnshire	Town Street Link from point 3/2 to point 3/3 on the Traffic Regulation Plans Sheet 3.	7.5 tonne limit

PART 8 — ROADS SUBJECT TO CENTRAL RESERVE ALTERATIONS

(1) Area	(2) Length of road subject to central reserve alterations	(3) Traffic movement restriction
North Lincolnshire	A160 from point 3/1 to point 3/4 on the Traffic Regulation Plans Sheet 3.	No right turn.
North Lincolnshire	A160 from point 3/5 on the Traffic Regulation Plans Sheet 3 to point 4/1 on the Traffic Regulation Plans Sheet 4.	No right turn from the Humber Oil Refinery (north of the A160) to the A160 westbound direction. No right turn from the Humber Oil Refinery (south of the A160) to the A160 eastbound direction. No right turn from A160 eastbound direction to the Humber Oil Refinery (south of the A160). No movement between the Humber Oil Refinery (north of the A160) and the Humber Oil Refinery (south of the A160) across the central reservation of the A160 in either direction. No U turn from the A160 eastbound direction. No U turn from the A160 westbound direction.

PART 9 — ROADS SUBJECT TO ONE WAY RESTRICTIONS

(1) Area	(2) Length of road subject to one way restriction
North Lincolnshire	A160 from point 4/2 to point 4/4 on the Traffic Regulation Plans Sheet 4.
North Lincolnshire	A160 from point 4/5 to point 4/8 on the Traffic Regulation Plans Sheet 4.

PART 10 — ROADS RESTRICTED TO ESCORTED VEHICLES

(1) Area	(2) Length of road restricted to escorted vehicles
North Lincolnshire	From point 4/7 to point 4/3 on the Traffic Regulation Plans Sheet 4.

PART 11 — CYCLE TRACKS AND FOOTWAYS

(1) Area	(2) Length of cycle track/footway
North Lincolnshire	From point 2/34 to point 2/35 on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	From point 2/36 to point 2/37 on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	From point 2/38 to point 2/39 on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	From point 2/40 to point 2/41 on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	From point 2/42 to point 2/43 on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	From point 2/44 to point 2/45 on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	From point 2/46 to point 2/47 on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	From point 3/12 on the Streets, Rights of Way and Access Plans Sheet 3 to point 4/12 on the Streets, Rights of Way and Access Plans Sheet 4.

PART 12 — PRIVATE MEANS OF ACCESS

(1) Area	(2) Extent of access
North East Lincolnshire	Private Means of Access point 1/11 on the Streets, Rights of Way and Access Plans Sheet 1.
North Lincolnshire	Private Means of Access point 1/15 on the Streets, Rights of Way and Access Plans Sheet 1.
North Lincolnshire	Private Means of Access point 2/4 on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	Private Means of Access point 2/6 on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	Private Means of Access point 2/7 on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	Private Means of Access point 2/8 on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	Private Means of Access point 2/9 on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	Private Means of Access point 2/12 on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	Private Means of Access point 2/13 on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	Private Means of Access point 2/14 on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	Private Means of Access point 2/15 on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	Private Means of Access point 2/16 on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	Private Means of Access point 2/18 on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	Private Means of Access point 3/1 on the Streets, Rights of Way and Access Plans Sheet 3.
North Lincolnshire	Private Means of Access point 3/10 on the Streets, Rights of Way and Access Plans Sheet 3.
North Lincolnshire	Private Means of Access point 3/11 on the Streets, Rights of Way and Access Plans Sheet 3.
North Lincolnshire	Private Means of Access point 4/8 to point 4/9 on the Streets, Rights of Way and Access Plans Sheet 4.
North Lincolnshire	Private Means of Access point 4/10 on the Streets, Rights of Way and Access Plans Sheet 4.
North Lincolnshire	Private Means of Access point 4/11 on the Streets, Rights of Way and Access Plans Sheet 4.

PART 13 — PUBLIC RIGHTS OF WAY

(1) Area	(2) Length of public right of way
North Lincolnshire	Footpath from point 3/7 to point 3/8 on the Streets, Rights of Way and Access Plans Sheet 3.

PART 14 — PERMISSIVE RIGHT OF WAY

(1) Area	(2) Length of permissive right of way
North East Lincolnshire	Permissive right of way from point 1/13 to point 1/14 on the Streets, Rights of Way and Access Plans Sheet 1.

SCHEDULE 4 — PERMANENT STOPPING UP OF STREETS

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

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

(1) Area	(2) Street to be stopped up	(3) Extent of stopping up
North Lincolnshire	A1077, on the Streets, Rights of Way and Access Plans Sheet 2.	From point 2/A to point 2/B, on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	A160, on the Streets, Rights of Way and Access Plans Sheet 2.	From point 2/F to point 2/G, on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	C131, on the Streets, Rights of Way and Access Plans Sheet 2.	From point 2/J to point 2/K, on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	Public Right of Way FP85, on the Streets, Rights of Way and Access Plans Sheet 3.	From point 3/B to point 3/G, on the Streets, Rights of Way and Access Plans Sheet 3.
North Lincolnshire	Public Right of Way FP87, on the Streets, Rights of Way and Access Plans Sheet 3.	From point 3/A to point 3/G, on the Streets, Rights of Way and Access Plans Sheet 3.

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

(1) Plot reference number shown on Land Plans	(2) Purpose for which rights over land may be acquired
Land Plans – Sheet 1	Land Plans – Sheet 1
1/1a, 1/1u, 1/1x	To construct, operate, access and maintain existing telecommunications mast.
1/1d, 1/1f, 1/1k, 1/1p, 1/1am, 1/3c, 1/3f, 1/4b	To construct, access and maintain boundary fencing.
1/1t, 1/1y, 1/1ah, 1/1ak	To construct, operate, access and maintain the diverted electric cables.
1/1w	To construct, operate, access and maintain the diverted electric cables. To construct, operate, access and maintain existing telecommunications mast. To construct, access and maintain boundary fencing.
1/1af	To access and maintain the field ditch south and east of the A160. To construct, access and maintain boundary fencing.
1/1ag	To construct, operate, access and maintain the diverted electric cables. To construct, access and maintain boundary fencing.
Land Plans – Sheet 2	Land Plans – Sheet 2
2/2b, 2/2f	To construct, operate, access and maintain the diverted water pipeline. To construct, operate, access and maintain the diverted electric cable.
2/2c	To construct, operate, access and maintain the diverted water pipeline. To construct, operate, access and maintain the diverted electric cable. To construct, access and maintain boundary fencing.
2/2e	To construct, operate, access and maintain the diverted water pipeline. To construct, operate, access and maintain the diverted electric cable. To access and maintain the field ditch east of the A160. To construct, access and maintain boundary fencing.
2/5a, 2/6a	To construct, operate, access and maintain the two diverted water pipelines.
2/5c	To construct, operate, access, maintain, use and protect the two diverted high and one intermediate pressure gas pipelines. To construct, operate, access, maintain, use and protect the diverted high pressure gas pipeline. To access and maintain the field ditch south of the A160. To construct, access and maintain boundary fencing.
2/5d	To construct, operate, access, maintain, use and protect the two diverted high and one intermediate pressure gas pipelines. To construct, operate, access, maintain, use and protect the diverted high pressure gas pipeline.
2/5i, 2/5m, 2/7b	To access and maintain the field ditch south of the A160.
2/6c	To construct, operate, access, maintain, use and protect the diverted high pressure gas pipeline. To construct, operate, access, maintain, use and protect the two diverted high and one intermediate pressure gas pipelines.
2/7d	To construct, operate, access and maintain the diverted electric cable.
2/7f	To access and maintain the field ditch south of the A160. To construct, access and maintain boundary fencing. To construct, operate, access and maintain the diverted high pressure gas pipeline.
2/7g	To construct, operate, access and maintain the diverted high pressure gas pipeline.
2/7h	To construct, access and maintain boundary fencing.
2/8a	To construct, operate, access and maintain the diverted high pressure gas pipeline.
Land Plans – Sheet 3	Land Plans – Sheet 3
3/5b, 3/5d	To construct, access and maintain the adjacent highway and drainage culvert. To lay out new Public Right of Way diversion of the existing Footpath 91.
Land Plans – Sheet 4	Land Plans – Sheet 4
4/1d	To construct, operate, access and maintain the diverted oxygen pipeline. To access existing telecommunications mast.
4/1g, 4/1j	To construct, operate, access and maintain the diverted oxygen pipeline.
4/5b	To construct, operate, access and maintain the new section of road under the new rail bridge.

SCHEDULE 6 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

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 as they apply as respects compensation on the compulsory purchase of land and interests in land.

2

(1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973[^f00041] has effect subject to the modifications set out in sub-paragraphs (2) and (3).

(2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 of the 1965 Act as substituted by paragraph 4—

(a) for “land is acquired or taken from” substitute “a right over land is purchased from or imposed on”; and

(b) for “acquired or taken from him” substitute “over which the right is exercisable”.

(3) In section 58(1)[^f00042] (determination of material detriment where part of house etc. proposed for compulsory acquisition), as it applies to determinations under section 8 of the 1965 Act as substituted by paragraph 5, substitute—

(1) In determining under section 8(1) or 34(2) of the Compulsory Purchase Act 1965, or section 166(2) of the Town and Country Planning Act 1990 whether— (a) a right over land consisting of a house, building or manufactory can be taken or imposed without material detriment or damage to the house, building or manufactory; or (b) a right over land consisting of a park or garden belonging to a house can be taken or imposed without seriously affecting the amenity or convenience of the house, the Upper Tribunal must take into account not only the effect of the acquisition of the right but also the use to be made of the right proposed to be acquired, and, in a case where the right is proposed to be acquired for works or other purposes extending to other land, the effect of the whole of the works and the use to be made of the other land.

Application of the 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, as it applies to the compulsory acquisition under this Order of land, so that, in appropriate contexts, references in that Act to land are read (according to the requirements of the particular context) as referring to, or as including references to—

(a) the right acquired or to be acquired; or

(b) the land over which the right is or is to be exercisable.

(2) Without limitation on the scope of 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 with the modifications specified in the following provisions of this Schedule.

4

For section 7 of the 1965 Act (measure of compensation) substitute—

(7) In assessing the compensation to be paid by the acquiring authority under this Act, regard must be had not only to the extent (if any) to which the value of the land over which the right is to be acquired is depreciated by the acquisition of the right but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.

5

For section 8 of the 1965 Act (provisions as to divided land) substitute—

(8) the A160/A180 (Port of Immingham Improvement) Development Consent Order 2015[^f00043] (“the Order”), in relation to that person, ceases to authorise the purchase of the right and is deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of such a park or garden, the house to which it belongs, and the notice is deemed to have been served in respect of that interest on such date as the tribunal directs. (1) Where in consequence of the service on a person under section 5 of this Act of a notice to treat in respect of a right over land consisting of a house, building or manufactory or of a park or garden belonging to a house (“the relevant land”)— (a) a question of disputed compensation in respect of the purchase of the right would apart from this section fall to be determined by the Upper Tribunal (“the tribunal”); and (b) before the tribunal has determined that question the tribunal is satisfied that the person has an interest in the whole of the relevant land and is able and willing to sell that land and— (i) where that land consists of a house, building or manufactory, that the right cannot be purchased without material detriment to that land; or (ii) where that land consists of such a park or garden, that the right cannot be purchased without seriously affecting the amenity or convenience of the house to which that land belongs, (2) Any question as to the extent of the land in which the Order is deemed to authorise the purchase of an interest by virtue of subsection (1) of this section is to be determined by the tribunal. (3) Where in consequence of a determination of the tribunal that it is satisfied as mentioned in subsection (1) of this section the Order is deemed by virtue of that subsection to authorise the purchase of an interest in land, the acquiring authority may, at any time within the period of 6 weeks beginning with the date of the determination, withdraw the notice to treat in consequence of which the determination was made; but nothing in this subsection prejudices any other power of the authority to withdraw the notice.

6

The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say—

(a) section 9(4) (failure by owners to convey);

(b) paragraph 10(3) of Schedule 1 (owners under incapacity);

(d) paragraphs 2(3) and 7(2) of Schedule 4 (common land),

are modified so as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired is vested absolutely in the acquiring authority.

7

Section 11[^f00044] (powers of entry) of the 1965 Act 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 right it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right (which is deemed for this purpose to have been created on the date of service of the notice); and sections 12[^f00045] (penalty for unauthorised entry) and 13[^f00046] (entry on warrant in the event of obstruction) of the 1965 Act are modified correspondingly.

8

Section 20[^f00047] (protection for interests of tenants at will, etc.) of the 1965 Act applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right in question.

9

Section 22 of the 1965 Act (interests omitted from purchase) is modified so as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired, subject to compliance with that section as respects compensation.

SCHEDULE 7 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

(1) Location	(2) Plan reference number(s) shown on Land Plans	(3) Purpose for which temporary possession may be taken	(4) Relevant part of the authorised development
Land Plans – Sheet 1	Land Plans – Sheet 1	Land Plans – Sheet 1	Land Plans – Sheet 1
In the administrative area of North East Lincolnshire Council	1/1n, 1/1p, 1/1q, 1/5b	Required to provide construction working area and access for site traffic.	All works
In the administrative area of North East Lincolnshire Council	1/1s, 1/4b, 1/4c	Required for borrow pits to source material to construct raised sections of the new road construction.	All works
In the administrative area of North East Lincolnshire Council	1/1ae, 1/1al, 1/1am	Required to provide an area for topsoil and other construction material storage.	All works
In the administrative area of North Lincolnshire Council	1/1a	Required to enable the use of the existing access track between the A160, Ryehill Farm and A1077 Ulceby Road.	Work No. 1
In the administrative area of North Lincolnshire Council	1/1b, 1/1c, 1/1d, 1/1e, 1/1f, 1/1h, 1/1i, 1/1j, 1/1k, 1/1m, 1/1u, 1/1v, 1/1w, 1/1x, 1/1z, 1/1af, 1/1ag, 1/1ai, 1/1aj, 1/2a, 1/3a, 1/3c, 1/3d, 1/3e, 1/3f	Required to provide construction working area and access for site traffic.	All works
In the administrative area of North Lincolnshire Council	1/1t, 1/1ak	Required for the diversion of an electric cable and associated apparatus.	Work No. 9
In the administrative area of North Lincolnshire Council	1/1y, 1/1ah	Required for the diversion of electric cables and associated apparatus and to provide construction working area and access for site traffic.	All works
Land Plans – Sheet 2	Land Plans – Sheet 2	Land Plans – Sheet 2	Land Plans – Sheet 2
In the administrative area of North Lincolnshire Council	2/1a, 2/2a, 2/5f, 2/5h, 2/5k, 2/8b, 2/10b	Required for the construction of accesses.	All works
In the administrative area of North Lincolnshire Council	2/2b, 2/2c	Required for the diversion of a water pipeline and electric cable and associated apparatus, and required to provide construction working area and access for site traffic.	All works
In the administrative area of North Lincolnshire Council	2/2e	Required to provide construction working area and access for site traffic and also the diversion of water pipeline and overhead electric cable.	All works
In the administrative area of North Lincolnshire Council	2/2f	Required for the diversion of a water pipeline and electric cable and associated apparatus.	Work Nos. 10 & 11
In the administrative area of North Lincolnshire Council	2/5a, 2/6a	Required for the diversion of up to 2 water pipelines.	Work No. 12
In the administrative area of North Lincolnshire Council	2/5c	Required to provide construction working area and access for site traffic and also the diversion of up to 3 high pressure gas pipelines and the protection of an intermediate pressure gas pipeline.	All works
In the administrative area of North Lincolnshire Council	2/5d	Required for the diversion of up to 3 high pressure gas pipelines and the protection of an intermediate pressure gas pipeline.	Work No. 15, 16 & 17
In the administrative area of North Lincolnshire Council	2/5e, 2/5i, 2/5l, 2/5m, 2/7b, 2/7h, 2/7j, 2/9a	Required to provide construction working area and access for site traffic.	All works
In the administrative area of North Lincolnshire Council	2/5j, 2/10c	Required to provide topsoil and other construction material storage areas.	All works
In the administrative area of North Lincolnshire Council	2/6c	Required for the diversion of up to 3 high pressure gas pipelines and the protection of an intermediate pressure gas pipeline.	Work Nos. 14, 15 & 16
In the administrative area of North Lincolnshire Council	2/7c	Required to provide topsoil and other construction material storage areas, and required to provide construction working area and access for site traffic.	All works
In the administrative area of North Lincolnshire Council	2/7d	Required for the diversion of an electric cable and associated apparatus.	Work No. 11
In the administrative area of North Lincolnshire Council	2/7e	Required for the provision of the main site compound to include, but not limited to, site offices, welfare facilities, parking provisions, storage of plant and materials and the treatment of site generated waste and also to provide construction working area and access for site traffic.	All works
In the administrative area of North Lincolnshire Council	2/7f	Required to provide construction working area and access for site traffic and also the diversion of a high pressure gas pipeline.	Work No. 14
In the administrative area of North Lincolnshire Council	2/7g	Required for the diversion of a high pressure gas pipeline.	Work No. 14
In the administrative area of North Lincolnshire Council	2/8a	Required for the diversion of a high pressure gas pipeline.	Work No. 17
Land Plans – Sheet 3	Land Plans – Sheet 3	Land Plans – Sheet 3	Land Plans – Sheet 3
In the administrative area of North Lincolnshire Council	3/1, 3/2a	Required for the construction of a new access and the stopping up of an existing access.	All works
In the administrative area of North Lincolnshire Council	3/5b, 3/5d	Required for the construction of the diversion to the existing Public Right of Way and the construction of up to 3 new drainage culverts and head walls.	All works
In the administrative area of North Lincolnshire Council	3/9c	Required for the construction of a new access.	All works
In the administrative area of North Lincolnshire Council	3/9d	Required to provide an area for topsoil and other construction material storage.	All works
Land Plans – Sheet 4	Land Plans – Sheet 4	Land Plans – Sheet 4	Land Plans – Sheet 4
In the administrative area of North Lincolnshire Council	4/1d, 4/1g, 4/1j	Required for the diversion of an oxygen pipeline.	Work No. 30
In the administrative area of North Lincolnshire Council	4/1h, 4/3d, 4/6d	Required for the construction of accesses.	All works
In the administrative area of North Lincolnshire Council	4/1i, 4/1k	Required to provide an area for topsoil and other construction material storage.	All works
In the administrative area of North Lincolnshire Council	4/4a, 4/8	Required to provide construction working area and access for site traffic.	All works
In the administrative area of North Lincolnshire Council	4/5a, 4/5b, 4/5c	Required for the construction of a new bridge under the existing railway and for construction working area.	Work No. 29
In the administrative area of North Lincolnshire Council	4/7	Required for the provision of a secondary site compound to include, but not limited to, site offices, welfare facilities, parking provisions, storage of plant and materials and the treatment of site generated waste.	All works

SCHEDULE 8 — PROTECTIVE PROVISIONS

PART 1 — FOR THE PROTECTION OF ELECTRICITY AND GAS UNDERTAKERS

1

For the protection of the undertakers referred to in this Part of this Schedule the following provisions have effect, unless otherwise agreed in writing between the Secretary of State and the undertaker concerned.

2

In this Part of this Schedule—

“alternative apparatus” means alternative apparatus adequate to enable the undertaker in question to fulfil its statutory or other functions, or Air Products (BR) Limited to fulfil its contractual obligations, in a manner no less efficient than previously;

“apparatus” means— in the case of an electricity undertaker, electric lines or electrical plant (as defined in the Electricity Act 1989[^f00048]), belonging to or maintained by that undertaker; in the case of a gas undertaker, any mains, pipes or other apparatus belonging to or maintained by a gas transporter within the meaning of Part 1 of the Gas Act 1986[^f00049] for the purposes of gas supply; in the case of Air Products (BR) Limited any mains, pipes or other apparatus belonging to or maintained by Air Products (BR) Limited for the purpose of the supply of oxygen gas (and “gas apparatus” includes apparatus in relation to oxygen gas); in the case of Phillips 66 Limited all pipelines, apparatus, ancillary apparatus and other infrastructure belonging to or maintained by Phillips 66 Limited including such works and apparatus property associated with the pipelines as specified by section 65(2) of the Pipe-lines Act 1962[^f00050] and comprising, but not limited to, concrete sleepers and slabs, marker posts including marker posts for any cathodic protection system, steps, stiles, gates and crossings; in the case of Vitol Power Immingham any mains, pipes, isolation valves, emergency shut-down valves and other apparatus belonging to and maintained by Vitol Power Immingham Combined Heat & Power Plant, for the purposes of transporting Natural Gas as the fuel along the pipe-line owned by Vitol Power Immingham, to fire the power plant for the generation of steam and electricity to supply Phillips 66 and Total refineries and supply the National Power Distribution Grid; in the case of E.ON UK Gas Limited any mains, pipes, valves, other apparatus and ancillary equipment belonging to or maintained by E.ON UK Gas Limited for the purpose of transporting any gaseous fuels along the pipeline owned by E.ON UK Gas Limited; and in the case of Centrica Storage Limited any mains, pipes or other apparatus belonging to or maintained by Centrica Storage Limited for the purposes of transporting condensate gas from its gas storage terminal at Easington to the Port of Immingham to be stored and then sold to third parties, and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

“Centrica Storage Limited” means the company of that name, company number 03294124, whose registered office is at Venture House, 42-54 London Road, Staines, Middlesex, TW18 4HF;

“functions” includes powers and duties and in the case of Phillips 66 Limited and Centrica Storage Limited means the requirements of its business from time to time;

“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;

“Phillips 66 Limited” means the company of that name, company number 00529086, whose registered office is at 7th Floor, 200-202 Aldersgate Street, London EC1A 4HD;

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

“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 1986; Air Products (BR) Limited and its successor in title and function; Phillips 66 Limited and its successor in title and function; Vitol Power Immingham and its successor in title and function; E.ON UK Gas Limited and its successor in title and function; and Centrica Storage Limited and its successors in title and function, for the area of the authorised development, and in relation to any apparatus, means the undertaker to whom it belongs or by whom it is maintained.

On street apparatus

3

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

Apparatus in stopped up streets

4

(1) Where any street is stopped up under article 12 (permanent stopping up of streets), any undertaker whose apparatus is in the street has the same powers and rights in respect of that apparatus as it enjoyed immediately before the stopping up and the Secretary of State must grant to the undertaker legal easements reasonably satisfactory to the undertaker in respect of such apparatus and access to it, but nothing in this paragraph affects any right of the Secretary of State or of the specified undertaker to require the removal of that apparatus under paragraph 7 or the power of the Secretary of State to carry out works under paragraph 9.

(2) Regardless of the temporary stopping up or diversion of any highway under the powers conferred by article 13 (temporary stopping up of streets), an undertaker is at liberty at all times to take all necessary access across any such stopped up highway and to execute and do all such works and things in, upon or under any such highway as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the stopping up or diversion was in that highway.

Protective works to buildings

5

The Secretary of State, in the case of the powers conferred by article 17 (protective work to buildings), must exercise those powers so as not to obstruct or render less convenient the access to any apparatus.

Acquisition of land

6

Regardless of any provision in this Order or anything shown on the land plans, the Secretary of State must not acquire any apparatus otherwise than by agreement.

Removal of apparatus

7

(1) If, in the exercise of the powers conferred by this Order, the Secretary of State acquires any interest in any land in which any apparatus is placed or requires that the undertaker’s apparatus is relocated or diverted, that apparatus must not be removed under this Part of this Schedule and any right of an 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 undertaker in question in accordance with sub-paragraphs (2) to (7).

(2) If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the Secretary of State requires the removal of any apparatus placed in that land, the Secretary of State must give to the undertaker in question 28 days’ written notice of that requirement, together with a plan of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order an undertaker reasonably needs to remove any of its apparatus) the Secretary of State must, subject to sub-paragraph (3), afford to the undertaker the necessary facilities and rights for the construction of alternative apparatus in other land of the Secretary of State and subsequently for the maintenance of that apparatus.

(3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the Secretary of State, or the Secretary of State is unable to afford such facilities and rights as are mentioned in sub-paragraph (2) in the land in which the alternative apparatus or part of such apparatus is to be constructed, the undertaker in question must, on receipt of a written notice to that effect from the Secretary of State, as soon as reasonably possible use its best endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed.

(4) Any alternative apparatus to be constructed in land of the Secretary of State under this Part of this Schedule shall be constructed in such manner and in such line or situation as may be agreed between the undertaker in question and the Secretary of State or in default of agreement settled by arbitration in accordance with article 40 (arbitration).

(5) The undertaker in question must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 40, and after the grant to the undertaker of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the Secretary of State to be removed under the provisions of this Part of this Schedule.

(6) Regardless of anything in sub-paragraph (5), if the Secretary of State gives notice in writing to the undertaker in question that the Secretary of State intends to execute any work, or part of any work in connection with the construction or removal of apparatus in any land of the Secretary of State, that work, instead of being executed by the undertaker, must be executed by the Secretary of State without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the undertaker.

(7) Nothing in sub-paragraph (6) authorises the Secretary of State 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.

Facilities and rights for alternative apparatus

8

(1) Where, in accordance with the provisions of this Part of this Schedule, the Secretary of State affords to an undertaker facilities and rights for the construction and maintenance in land of the Secretary of State of alternative apparatus in substitution for apparatus to be removed, those facilities and rights are to be granted upon such terms and conditions as may be agreed between the Secretary of State and the undertaker in question or in default of agreement settled by arbitration in accordance with article 40 (arbitration).

(2) If the facilities and rights to be afforded by the Secretary of State in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to the undertaker in question than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator must make such provision for the payment of compensation by the Secretary of State to that undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

Retained apparatus

9

(1) Not less than 28 days before starting the execution of any works in, on or under any land purchased, held, appropriated or used under this Order that are near to, or will or may affect, any apparatus the removal of which has not been required by the Secretary of State under paragraph 7(2), the Secretary of State must submit to the undertaker in question a plan of the works to be executed.

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

(3) Any requirements made by an undertaker under sub-paragraph (2) shall be made within a period of 21 days beginning with the date on which a plan under sub-paragraph (1) is submitted to it.

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

(5) Nothing in this paragraph precludes the Secretary of State 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 instead of the plan previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan.

(6) The Secretary of State is not required to comply with sub-paragraph (1) in a case of emergency but in that case it must give to the undertaker in question notice as soon as is reasonably practicable and a plan of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (3) in so far as is reasonably practicable in the circumstances.

(7) In relation to works which will or may be situated on, over, under or within 15 metres measured in any direction of any gas apparatus, or (wherever situated) impose any load directly upon any gas apparatus or involve embankment works within 15 metres of any gas apparatus, the plan to be submitted to the undertaker under sub-paragraph (1) must be detailed, include a method statement, and describe—

(a) the exact position of the works;

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

(d) the position of all gas apparatus; and

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

(8) In relation to works which will or may be situated on, over, under or within 10 metres measured in any direction of any electricity apparatus, or involve embankment works within 10 metres of any electricity apparatus, the plan to be submitted to the undertaker under sub-paragraph (1) must be detailed, include a method statement, and describe—

(a) the exact position of the works;

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

(d) the position of all electricity apparatus; and

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

Expenses and costs

10

(1) Subject to the following provisions of this paragraph, the Secretary of State must repay to an undertaker all expenses reasonably incurred by that undertaker in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any such works as are referred to in paragraph 7(2).

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

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

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

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

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the Secretary of State or, in default of agreement, is not determined by arbitration in accordance with article 36 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the undertaker in question by virtue of sub-paragraph (1) must 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 pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole must be treated as if it also had been agreed or had been so determined.

(5) An amount which apart from this sub-paragraph would be payable to an undertaker in respect of works by virtue of sub-paragraph (1), if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the undertaker any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, is to be reduced by the amount which represents that benefit.

11

(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any such works referred to in paragraphs 5 or 7(2), any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of an undertaker, or there is any interruption in any service provided, or in the supply of any goods, by any undertaker, the Secretary of State must—

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

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

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

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

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

(4) An undertaker must give the Secretary of State reasonable notice of any such claim or demand and no settlement or compromise is to be made without the consent of the Secretary of State who, if such consent is withheld, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

Cooperation

12

Where in consequence of the proposed construction of any of the authorised development, the Secretary of State or an undertaker requires the removal of apparatus under paragraph 7(2) or an undertaker makes requirements for the protection or alteration of apparatus under paragraph 9, the Secretary of State must use best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe and efficient operation of the undertaker’s undertaking and each undertaker must use its best endeavours to co-operate with the Secretary of State for that purpose.

13

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

PART 2 — FOR THE PROTECTION OF ANGLIAN WATER

14

For the protection of Anglian Water, the following provisions have effect, unless otherwise agreed in writing between the Secretary of State and Anglian Water.

15

In this Part of this Schedule—

“apparatus” means any works, mains, pipes or other apparatus belonging to or maintained by Anglian Water for the purposes of water supply and sewerage and— any drain or works vested in Anglian Water under the Water Industry Act 1991; or any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4)[^f00051] of the Water Industry Act 1991 or an agreement to adopt made under section 104[^f00052] of that Act, and includes a sludge main, disposal main or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any sewer, drain, or works (within the meaning of section 219 of that Act) and any structure in which apparatus is, or is to be, lodged or which gives, or will give, access to apparatus;

“alternative apparatus” means alternative apparatus adequate to enable Anglian Water to fulfil its statutory functions in not less efficient a manner than previously;

“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; and

“plan” includes sections, drawings, specifications and method statements.

16

The Secretary of State must not interfere with, build over or near to any apparatus within the Order land or 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 the standard protection strips which are the strips of land falling the following distances to either side of the medial line of any relevant pipe or apparatus—

(a) 2.25 metres where the diameter of the pipe is less than 150 millimetres;

(b) 3 metres where the diameter of the pipe is between 150 and 450 millimetres;

(d) 6 metres where the diameter of the pipe exceeds 750 millimetres,

unless otherwise agreed in writing with Anglian Water, such agreement not to be unreasonably withheld or delayed, and such provision being brought to the attention of any agent or contractor responsible for carrying out any work on behalf of the Secretary of State.

17

The alteration, extension, removal or re-location of any apparatus must not be implemented until—

(a) any requirement for any permits under the Environmental Permitting (England and Wales) Regulations 2016 or other legislations and any other associated consents are obtained, and any approval or agreement required from Anglian Water on alternative outfall locations as a result of such re-location are approved, such approvals from Anglian Water not to be unreasonably withheld or delayed; and

(b) the Secretary of State has made the appropriate application required under the Water Industry Act 1991 together with a plan and section of the works proposed and Anglian Water has agreed all of the contractual documentation required under the Water Industry Act 1991, such agreement not to be unreasonably withheld or delayed; and such works to be executed only in accordance with the plan, section and description submitted and in accordance with such reasonable requirements as may be made by Anglian Water for the alteration or otherwise for the protection of the apparatus, or for securing access to it.

18

In the situation, where in exercise of the powers conferred by the Order, the Secretary of State acquires any interest in any land in which apparatus is placed and such apparatus is to be relocated, extended, removed or altered in any way, no alteration or extension is to take place until Anglian Water has established, to its reasonable satisfaction, contingency arrangements in order to conduct its functions for the duration of the works to relocate, extend, remove or alter the apparatus.

19

Regardless of any provision in this Order or anything shown on any plan, the Secretary of State must not acquire any apparatus otherwise than by agreement, and before extinguishing any existing rights for Anglian Water to use, keep, inspect, renew and maintain its apparatus in the Order land, the Secretary of State must, with the agreement of Anglian Water, create a new right to use, keep, inspect, renew and maintain the apparatus that is reasonably convenient for Anglian Water, such agreement not to be unreasonably withheld or delayed and to be subject to arbitration under article 40.

20

If in consequence of the exercise of the powers conferred by this Order the access to any apparatus is materially obstructed the Secretary of State must provide such alternative means of access to such apparatus as will enable Anglian Water to maintain or use the apparatus no less effectively than was possible before such obstruction.

21

If in consequence of the exercise of the powers conferred by this Order, previously unmapped sewers, lateral drains or other apparatus are identified by the Secretary of State, notification of the location of such assets must immediately be given to Anglian Water and afforded the same protection of other Anglian Water assets.

22

If for any reason or in consequence of the construction of any of the works referred to in paragraphs 17 to 19 and 21 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 Anglian Water, or there is any interruption in any service provided, or in the supply of any goods, by Anglian Water, the Secretary of State must—

(a) bear and pay the cost reasonably incurred by Anglian Water in making good any damage or restoring the supply; and

(b) make reasonable compensation to Anglian Water for any other expenses, loss, damages, penalty or costs incurred by Anglian Water,

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

PART 3 — FOR THE PROTECTION OF RAILWAY INTERESTS

23

The following provisions of this Part of this Schedule have effect, unless otherwise agreed in writing between the Secretary of State and Network Rail and, in the case of paragraph 37, any other person on whom rights or obligations are conferred by that paragraph.

24

In this Part of this Schedule—

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

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

“network licence” means the network licence, as the same is amended from time to time, granted to Network Rail Infrastructure Limited by the Secretary of State in exercise of powers under section 8 of the Railways Act l993[^f00054];

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(1) Area	(2) Street to be stopped up	(3) Extent of stopping up	(4) New street to be substituted
North Lincolnshire	Private Means of Access point 1/A, on the Streets, Rights of Way and Access Plans Sheet 1.	The whole access.	Private Means of Access point 1/12, on the Streets, Rights of Way and Access Plans Sheet 1.
North Lincolnshire	Private Means of Access point 1/B, on the Streets, Rights of Way and Access Plans Sheet 1.	The whole access.	Private Means of Access point 2/2 to point 2/1, on the Streets, Rights of Way and Access Plans Sheet 2.
North East Lincolnshire	A180 westbound on-slip.	From point 1/D to point 1/C, on the Streets, Rights of Way and Access Plans Sheet 1.	From point 1/4 to point 1/3, on the Streets, Rights of Way and Access Plans Sheet 1.
North East Lincolnshire	A180 westbound off-slip.	From point 1/F to point 1/E, on the Streets, Rights of Way and Access Plans Sheet 1.	From point 1/8 to point 1/7, on the Streets, Rights of Way and Access Plans Sheet 1.
North East Lincolnshire	A180 eastbound on-slip.	From point 1/G to point 1/H, on the Streets, Rights of Way and Access Plans Sheet 1.	From point 1/5 to point 1/6, on the Streets, Rights of Way and Access Plans Sheet 1.
North East Lincolnshire	Permissive right of way, North of A180.	From point 1/I to point 1/J, on the Streets, Rights of Way and Access Plans Sheet 1.	From point 1/13 to point 1/14, on the Streets, Rights of Way and Access Plans Sheet 1.
North Lincolnshire	A160	From point 2/E to point 2/F, on the Streets, Rights of Way and Access Plans Sheet 2.	From point 2/21 to point 2/22, on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	C131	From point 2/I to point 2/H, on the Streets, Rights of Way and Access Plans Sheet 2.	From point 2/32 to point 2/29, on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	Private Means of Access point 2/L, on the Streets, Rights of Way and Access Plans Sheet 2.	The whole access.	Private Means of Access from point 2/2 to point 2/3, on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	Private Means of Access point 2/M, on the Streets, Rights of Way and Access Plans Sheet 2.	The whole access.	Private Means of Access from point 2/2 to point 2/4, on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	Private Means of Access point 2/N, on the Streets, Rights of Way and Access Plans Sheet 2.	The whole access.	Private Means of Access from point 2/10 to point 2/11, on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	Private Means of Access point 2/O, on the Streets, Rights of Way and Access Plans Sheet 2.	The whole access.	Private Means of Access from point 2/10 to point 2/11, on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	Private Means of Access point 2/P, on the Streets, Rights of Way and Access Plans Sheet 2.	The whole access.	Private Means of Access from point 2/2 to point 2/4, on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	Private Means of Access point 2/Q, on the Streets, Rights of Way and Access Plans Sheet 2.	The whole access.	Private Means of Access from point 2/2 to point 2/5, on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	Private Means of Access point 2/R on the Streets, Rights of Way and Access Plans Sheet 2.	The whole access.	Private Means of Access point 2/17, on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	Public Right of Way FP91.	From point 3/C to point 3/D, on the Streets, Rights of Way and Access Plans Sheet 3.	Private Right of Way from point 3/7 to point 3/8, on the Streets, Rights of Way and Access Plans Sheet 3.
North Lincolnshire	Private Means of Access point 3/E, on the Streets, Rights of Way and Access Plans Sheet 3.	The whole access.	Private Means of Access point 3/2, on the Streets, Rights of Way and Access Plans Sheet 3.
North Lincolnshire	Private Means of Access point 3/F, on the Streets, Rights of Way and Access Plans Sheet 3.	The whole access.	Private Means of Access point 3/9, on the Streets, Rights of Way and Access Plans Sheet 3.
North Lincolnshire	Private Means of Access point 4/A, on the Streets, Rights of Way and Access Plans Sheet 4.	The whole access.	Private Means of Access point 4/1, on the Streets, Rights of Way and Access Plans Sheet 4.