The Preesall Underground Gas Storage Facility Order 2015
- Work No. 16B — a brine discharge pipeline from United Utilities treatment plant to Jameson Road approximate chainage 2690m to chainage 1960m, including a pressure pipeline laid in trench; all to be constructed not less than 1 metre below ground surface (or below bed of watercourse where applicable) and not more than 10 metres below ground surface (or below bed of watercourse where applicable); and temporary access from Jameson Road to a temporary works compound and temporary fencing;
- Work No. 16C — a brine discharge pipeline from Jameson Road, approximate chainage 1960m, to the temporary works compound/pipe insertion and reception compound, approximate chainage 1820m, including a pressure pipeline laid in trench; all to be constructed not less than 1 metre below ground surface (or below bed of watercourse where applicable) and not more than 10 metres below ground surface (or below bed of watercourse where applicable) save where it crosses the former rail line adjacent to Jameson Road on a pipe bridge at ground surface (shown on drawing no. MMD-277663-C-DR-00-XX-0003); and a temporary works compound/pipe insertion, reception compound and fencing adjacent to Jameson Road and a fenced temporary access from Jameson Road;
- Work No. 16D — a brine discharge pipeline from the Jameson Road temporary works compound, approximate chainage 1820m, to the temporary works compound/pipe insertion and reception compound, approximate chainage 1580m, including a pressure pipeline and sleeve laid by trenchless methods beneath Fleetwood Road and adjacent land; all to be constructed not less than 1 metre below ground surface (or below bed of watercourse where applicable) and not more than 10 metres below ground surface (or below bed of watercourse where applicable); and a temporary works compound/pipe insertion and reception compound and fencing, a temporary access road and fencing from the temporary works compound at approximate chainage 1580m to Fleetwood Road and any temporary subsidence monitoring stations within Fleetwood Road required by the highway authority;
- Work No. 16E — a brine discharge pipeline from the temporary works compound/pipe insertion and reception compound, approximate chainage 1580m, to pipe insertion and reception compound, approximate chainage 1410m, including a pressure pipeline and sleeve laid by trenchless methods beneath Amounderness Way and adjacent land; all to be constructed not less than 1 metre below ground surface (or below bed of watercourse where applicable) and not more than 10 metres below ground surface (or below bed of watercourse where applicable); and a temporary works compound/pipe insertion and reception compound and fencing, a temporary access road and fencing from the temporary works compound at approximate chainage 1410m to Rossall Lane and any temporary subsidence monitoring stations within Amounderness Way required by the highway authority;
- Work No. 16F — a brine discharge pipeline from the temporary works compound/pipe insertion and reception compound, approximate chainage 1410m, to the temporary works compound/pipe insertion and reception compound, at approximate chainage 890m, including a pressure pipeline laid in trench; all to be constructed not less than 1 metre below ground surface (or below bed of watercourse where applicable) and not more than 10 metres below ground surface (or below bed of watercourse where applicable); and a temporary works compound/pipe insertion and reception compound and fencing adjacent to the Blackpool Tramway and temporary access and fencing to South Strand;
- Work No. 16G — a brine discharge pipeline from the temporary works compound/pipe insertion and reception compound, approximate chainage 890m, to the temporary works compound/pipe insertion and reception compound, approximate chainage 770m, including a pressure pipeline and sleeve laid by trenchless methods beneath the Blackpool Tramway and adjacent land; all to be constructed not less than 1 metre below ground surface (or below bed of watercourse where applicable) and not more than 10 metres below ground surface (or below bed of watercourse where applicable); and a temporary works compound/pipe insertion and reception compound and fencing, a temporary access road and fencing from the temporary works compound at approximate chainage 770m to South Strand/Broadway and any temporary subsidence monitoring stations within the Blackpool Tramway required by Blackpool Borough Council;
- Work No. 16H — a brine discharge pipeline from the temporary works compound/pipe insertion and reception compound, approximate chainage 770m, to the temporary works compound/pipe insertion and reception compound, approximate chainage 610m, including a pressure pipeline and sleeve laid by trenchless methods beneath the junction of Broadway, South Strand, the Strand and adjacent land; all to be constructed not less than 1 metre below ground surface (or below bed of watercourse where applicable) and not more than 10 metres below ground surface (or below bed of watercourse where applicable); and a temporary works compound/pipe insertion and reception compound and fencing, access from South Strand and any temporary subsidence monitoring stations within Broadway or South Strand required by the highway authority;
- Work No. 16I — a brine discharge pipeline from the temporary works compound/pipe insertion and reception compound, approximate chainage 610m, to the temporary works compound at Rossall Promenade, approximate chainage 0.00m, including a pressure pipeline laid in trench; all to be constructed not less than 1 metre below ground surface (or below bed of watercourse where applicable) and not more than 10 metres below ground surface (or below bed of watercourse where applicable); and a temporary works compound and fencing on and adjacent to Rossall Promenade, temporary access and fencing to Fairway, temporary modifications or closures to existing public rights of way, car parking areas and access to the promenade;
- Work No. 16J — a brine discharge pipeline within and adjacent to Rossall Promenade including a pressure pipeline laid in trench beneath the promenade; all to be constructed not less than 1 metre below ground surface and not more than 10 metres below ground surface, or affixed to the existing modified sea wall to descend to and beneath the foreshore to a depth of not less than 1 metre below the foreshore and not more than ten metres beneath the foreshore; and pipe protection where appropriate, all permanent or temporary, full or partial, removal of the existing promenade surfacing, access ramps and retaining walls from the landward and seaward sides of the promenade, modifications to and breaking through the sea wall to allow the passage of the pipeline beneath the promenade to the foreshore, modifications to the promenade rear flood wall including the provision of flood gates and the construction of an observation platform/shelter, including new steps, retaining walls and revetments to access the foreshore;
- Work No. 16K — a brine discharge pipeline from the Rossall Promenade (sea wall) to approximately the mean low water mark, including a pressure pipeline laid in trench from and beneath the foreshore; all to be constructed not less than 1 metre below the surface of the foreshore and not more than 10 metres below the surface of the foreshore;
- Work No. 16L — a brine discharge pipeline from approximately mean low water mark to the pipeline’s termination at the single two-port diffuser, including a pressure pipeline laid in a backfilled trench beneath the sea bed from a seagoing vessel; all to be constructed not less than 1 metre below the sea bed and not more than 10 metres below the sea bed; and a single two-port diffuser fitted to distribute flows into the Irish Sea and all warning measures required to delineate the works area;
- Work No. 17A — 132kV cables from the electric substation at the gas compressor compound (Work No. 3) to the south river crossing and splice pits laid in trench beneath Agglebys Road, Corcas Lane, the public highway linking High Gate Lane with Burrows Lane named as being part of High Gate Lane and Burrows Lane; all to be constructed not less than 1 metre below ground surface (or below bed of watercourse where applicable) and not more than 10 metres below ground surface (or below bed of watercourse where applicable); and splice pits situated in the vicinity of the river exit point, adjacent to Burrows Lane, Highgate Lane and Agglebys Road;
- Work No. 17B — twin sleeves and 132kV electricity cables from the south river temporary exit compound to the south river temporary entry compound; all to be constructed by trenchless methods not less than 8 metres below the bed of the river Wyre and not more than 35 metres below the bed of the river Wyre save where the electricity cables rise to enter the drive and reception pits at the limits of Work No. 17B; and temporary works sites at the under river entry and exit points containing drive and reception pits, temporary fencing and temporary access track from Burrows Lane;
- Work No. 17C — twin sleeves and 132kV electricity cables from the south river temporary entry compound to the 132kV grid substation operated by Electricity North West and located within the National Grid 400kV substation and switchyard at Stanah; all to be constructed by trenchless methods not less than 1 metre below ground surface (or below bed of watercourse where applicable) and not more than 10 metres below ground surface (or below bed of watercourse where applicable) save where the electricity cables rise to enter the drive and reception pits situated at the limits of Work No. 17C; and sleeves and cables to be laid beneath the existing Flints caravan park and Hillilaid Pool, temporary works sites at the river exit points and within the Stanah Substation Switchyard, temporary access from River Road to the temporary compound, temporary fencing and connection to National Grid electricity infrastructure at the Stanah substation;
- Work No. 18 — 11kV electrical circuits from the electrical substation/switchyard at the gas compressor compound (Work No. 3) to the booster pump station (Work No. 4), including twin 11kV electric cables laid in trench crossing Footpaths 45, 61 and 42 and an unnamed watercourse designated as main river; all to be constructed not less than 1 metre below ground surface (or below bed of watercourse where applicable) and not more than 10 metres below ground surface (or below bed of watercourse where applicable) save where the circuits rise to interface with the electrical substation/switchyard at the gas compressor compound (Work No. 3) and the booster pump station (Work No. 4);
- Work No. 19 — electrical control cables extending from the proposed electrical substation /switchyard at the gas compressor compound (Work No. 3) to the booster pump station (Work No. 4), including electrical control cables laid in trench and sleeves, crossing Footpaths 45, 61 and 42 and an unnamed watercourse designated as main river; all to be constructed not less than 1 metre below ground surface (or below bed of watercourse where applicable) and not more than 10 metres below ground surface (or below bed of watercourse where applicable) save where the circuits rise to interface with the electrical substation/switchyard at the gas compressor compound (Work No. 3) and the booster pump station (Work No. 4);
- Work No. 20A — an interconnector gas pipeline from the gas compressor compound (Work No. 3) to the A588 Hall Gate Lane including a gas pressure pipeline laid in trench or by trenchless methods crossing Monks Lane, Back Lane, Hall Gate Lane and watercourses/drains; all to be constructed not less than 1 metre below ground surface (or below bed of watercourse where applicable) and not more than 10 metres below ground surface (or below bed of watercourse where applicable) save where the pipeline rises to interface with the gas compressor compound (Work No. 3); and temporary fencing, stock proof fencing, temporary access, temporary access roads and any temporary subsidence monitoring stations required by the highway authority;
- Work No. 20B — an interconnector gas pipeline from the A588/Hall Gate Lane to Lancaster Road C308 including a gas pressure pipeline laid in trench or by trenchless methods crossing Footpath 31, Bridleway 29, White Lane, Shaws Lane, Footpath 34, Longwood Lane (New Lane), Lancaster Road C308 and watercourses/drains; all to be constructed not less than 1 metre below ground surface (or below bed of watercourse where applicable) and not more than 10 metres below ground surface (or below bed of watercourse where applicable); and temporary fencing, stock proof fencing, temporary access, temporary access roads and any temporary subsidence monitoring stations required by the highway authority;
- Work No. 20C — an interconnector gas pipeline from Lancaster Road C308 to Bradshaw Lane C414 including a gas pressure pipeline laid in trench or by trenchless methods crossing Bradshaw Road C414, Ridgy Pool and other watercourses/drains; all to be constructed not less than 1 metre below ground surface (or below bed of watercourse where applicable) and not more than 10 metres below ground surface (or below bed of watercourse where applicable); and temporary fencing, stock proof fencing, temporary access, temporary access roads and any temporary subsidence monitoring stations required by the highway authority;
- Work No. 20D — an interconnector gas pipeline from Bradshaw Lane C414 to Bone Hill Lane including a gas pressure pipeline laid in trench or by trenchless methods crossing Footpath 39 and Bone Hill Lane; all to be constructed not less than 1 metre below ground surface (or below bed of watercourse where applicable) and not more than 10 metres below ground surface (or below bed of watercourse where applicable); and temporary fencing, stock proof fencing, temporary access, temporary access roads and any temporary subsidence monitoring stations required by the highway authority;
- Work No. 20E — an interconnector gas pipeline from Bone Hill Lane to Black Lane C436 including a gas pressure pipeline laid in trench or by trenchless methods crossing Black Lane; all to be constructed not less than 1 metre below ground surface (or below bed of watercourse where applicable) and not more than 10 metres below ground surface (or below bed of watercourse where applicable); and temporary fencing, stock proof fencing, temporary access, temporary access roads and any temporary subsidence monitoring stations required by the highway authority;
- Work No. 20F — an interconnector gas pipeline from Black Lane C436 connecting to metering station including a gas pressure pipeline laid in trench or by trenchless methods, crossings of other ordinary watercourses/drains, temporary fencing, stock proof fencing; all to be constructed not less than 1 metre below ground surface (or below bed of watercourse where applicable) and not more than 10 metres below ground surface (or below bed of watercourse where applicable) save where the pipeline rises to interface with metering station (Work No. 21); and temporary access, temporary access roads and any temporary subsidence monitoring stations required by the highway authority;
- Work No. 20G — an interconnector gas pipeline connecting from metering station (Work No. 21) National Grid feeder main No. 21 to Station Lane including a gas pressure pipeline laid in trench or by trenchless methods crossing Station Lane and watercourses/drains; all to be constructed not less than 1 metre below ground surface (or below bed of watercourse where applicable) and not more than 10 metres below ground surface (or below bed of watercourse where applicable) save where the pipeline rises to interface with metering station (Work No. 21); and temporary fencing, stock proof fencing, temporary access and temporary access roads;
- Work No. 20H — an interconnector gas pipeline from Station Lane connecting to National Grid feeder main No. 15 including a gas pressure pipeline laid in trench or by trenchless methods crossing Station Lane, Footpath No. 4 and Footpath No. 2 and watercourses/drains; all to be constructed not less than 1 metre below ground surface (or below bed of watercourse where applicable) and not more than 10 metres below ground surface (or below bed of watercourse where applicable); and temporary fencing, stock proof fencing, temporary access and temporary access roads;
- Work No. 21 — an interconnector gas pipeline metering station including a gas metering station containing underground pipework, a metering station instrument building, above ground valves and pipework, a pipe pig reception/insertion area, an area reserved for extension of the facility, extensions of those parts of the interconnector gas pipeline comprised in Work Nos. 20F and 20G which link to elements of this Work No., temporary access tracks and turning areas adjacent to the NTS Feeder 21 control valve station and an access track to Station Lane and security fencing and landscaping;
- in connection with the above Work Nos. further associated development within the Order limits consisting of— mechanical, electrical and telecommunications equipment and the provision of utilities services; ramps, means of access, footpaths and bridleways; embankments, shafts, foundations, retaining walls, drainage, valves, air valves, washout valves, stopcocks and other pipe fittings, fencing and culverts; works to alter the course of, or otherwise interfere with a watercourse other than a navigable watercourse; works to construct pipelines and to remove or alter the position of apparatus including mains, sewers, drains and cables; landscaping, ecological mitigation works 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 install subsidence monitoring systems and equipment where any subsidence to existing brine caverns may affect any part of the authorised development; and such other works, including working sites and works of demolition as may be necessary to expedite for the purposes of or in connection with the construction of the authorised development and which fall within the scope of the environmental statement.
SCHEDULE 2 — STREETS SUBJECT TO STREET WORKS
| (1) | (2) | (2) |
|---|---|---|
| Area | Subject to street works | Subject to street works |
| County of Lancashire, Borough of Wyre | For the purposes of Work Nos. 1A and 1B, Work Nos. 2 to 5 inclusive and Work Nos. 8 to 11 inclusive— | For the purposes of Work Nos. 1A and 1B, Work Nos. 2 to 5 inclusive and Work Nos. 8 to 11 inclusive— |
| County of Lancashire, Borough of Wyre | Footpath 42 (Preesall) Footpath 43 (Preesall) Footpath 45 (Preesall) Footpath 46 (Preesall) Footpath 61 (Preesall) Footpath 53 (Preesall) Monks Lane (Unadopted) (drawing nos. MMD-277663-C-DR-00-XX-0005, 0006, 0007 and 0015), | |
| County of Lancashire, Borough of Wyre | where crossed by the authorised development within the Order limits | where crossed by the authorised development within the Order limits |
| County of Lancashire, Borough of Wyre | For the purposes of Work No. 6— | For the purposes of Work No. 6— |
| County of Lancashire, Borough of Wyre | A588 Hall Gate Lane (Adopted Classified Road) Back Lane (Adopted Unclassified Road) (drawing nos. MMD-277663-C-DR-00-XX-0010 and 0016), | |
| County of Lancashire, Borough of Wyre | where crossed by the authorised development within the Order limits | where crossed by the authorised development within the Order limits |
| County of Lancashire, Borough of Wyre | For the purposes of Work No. 7— | For the purposes of Work No. 7— |
| County of Lancashire, Borough of Wyre | Monks Lane (Unadopted) (drawing no. MMD-277663-C-DR-00-XX-0010), | |
| County of Lancashire, Borough of Wyre | where crossed by the authorised development within the Order limits | where crossed by the authorised development within the Order limits |
| County of Lancashire, Borough of Wyre | For the purposes of Work No. 13— | For the purposes of Work No. 13— |
| County of Lancashire, Borough of Wyre | unnamed track adjacent to Fleetwood Fish Dock (drawing no. MMD-277663-C-DR-00-XX-0004), | |
| County of Lancashire, Borough of Wyre | where crossed by the authorised development within the Order limits | where crossed by the authorised development within the Order limits |
| County of Lancashire, Borough of Wyre | For the purposes of Work No. 15— | For the purposes of Work No. 15— |
| County of Lancashire, Borough of Wyre | Herring Arm Road (drawing no. MMD-277663-C-DR-00-XX-0004), | |
| County of Lancashire, Borough of Wyre | where crossed by the authorised development within the Order limits | where crossed by the authorised development within the Order limits |
| County of Lancashire, Borough of Wyre | For the purposes of Work Nos. 16A to 16L inclusive— | For the purposes of Work Nos. 16A to 16L inclusive— |
| County of Lancashire, Borough of Wyre | Jameson Road (Adopted Unclassified) Rossall Lane B5409, Wyre Way (Adopted Classified) South Strand (Adopted Unclassified) Broadway A587 (Adopted Classified) Broadway Playing Field Entrance (Adopted Unclassified) Fairway/Westway (Adopted Unclassified) Rossall Promenade (drawing nos. MMD-277663-C-DR-00-XX-0002 and 0003), | |
| County of Lancashire, Borough of Wyre | where crossed by the authorised development within the Order limits | where crossed by the authorised development within the Order limits |
| County of Lancashire, Borough of Wyre | For the purposes of Work Nos. 17A, 17B and 17C— | For the purposes of Work Nos. 17A, 17B and 17C— |
| County of Lancashire, Borough of Wyre | Agglebys Road Corcas Lane Bridleway 2a (Stalmine-with-Staynall) High Gate Lane, linking High Gate Lane with Burrows Lane (Adopted Unclassified) Footpath 13 (Fleetwood) River Road (Adopted Unclassified) (drawing nos. MMD-277663-C-DR-00-XX-0010, 0012 0013 and 0015), | |
| County of Lancashire, Borough of Wyre | where crossed by the authorised development within the Order limits | where crossed by the authorised development within the Order limits |
| County of Lancashire, Borough of Wyre | For the purposes of Work No. 18— | For the purposes of Work No. 18— |
| County of Lancashire, Borough of Wyre | Footpath 42 (Preesall) Footpath 45 (Preesall) Footpath 61 (Preesall) (drawing nos. MMD-277663-C-DR-00-XX-0005 and 0007), | |
| County of Lancashire, Borough of Wyre | where crossed by the authorised development within the Order limits | where crossed by the authorised development within the Order limits |
| County of Lancashire, Borough of Wyre | For the purposes of Work No. 19— | For the purposes of Work No. 19— |
| County of Lancashire, Borough of Wyre | Footpath 42 (Preesall) Footpath 43 (Preesall) Footpath 45 (Preesall) Footpath 61 (Preesall) Footpath 53(Preesall) Monks Lane (Unadopted) (drawing nos. MMD-277663-C-DR-00-XX-0005 and 0007), | |
| County of Lancashire, Borough of Wyre | where crossed by the authorised development within the Order limits | where crossed by the authorised development within the Order limits |
| County of Lancashire, Borough of Wyre | For the purposes of Work Nos. 20A to 20H inclusive— | For the purposes of Work Nos. 20A to 20H inclusive— |
| County of Lancashire, Borough of Wyre | A 588 Hall Gate Lane (Adopted Classified) Footpath 31 (Preesall) Bridleway 29 (Nateby) White Lane (Unadopted) Shaws Lane, Footpath 34 (Pilling) (Unadopted) Longwood Lane (New Lane) Lancaster Road C305 (Adopted Classified) Bradshaw Lane C414 (Adopted Classified) Footpath 39 (Pilling) Bonehill Lane (Adopted Unclassified) Black Lane C436 (Adopted Classified) Bridleway 1 (Nateby) Station Lane (Adopted Unclassified) Footpath 4 (Nateby) (drawing nos. MMD-277663-C-DR-00-XX-0016, 0017, 0018, 0019, 0020, 0021 and 0022), | |
| County of Lancashire, Borough of Wyre | where crossed by the authorised development within the Order limits | where crossed by the authorised development within the Order limits |
SCHEDULE 3 — STREETS SUBJECT TO ALTERATION OF LAYOUT
| (1) | (2) | (3) |
|---|---|---|
| Area | Street subject to alteration of layout | Description of alteration |
| County of Lancashire, Borough of Wyre | The A588 Hall Gate Lane in Preesall, Lancashire | Widening of the existing adopted highway (classified road), and the creation of a left turn lane for northbound traffic wishing to enter the new private access road (Schedule 1, Work No. 6 and Work No. 7), between points AA and BB on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0216) |
| County of Lancashire, Borough of Wyre | Back Lane, Preesall, Lancashire | Formation of two junctions with Back Lane to carry the private access road across the existing adopted highway to the gas compressor compound (Schedule 1, Work No. 6 and Work No. 7), between points M and N on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0210) |
SCHEDULE 4 — STREETS AND RIGHTS OF WAY TO BE TEMPORARILY STOPPED UP
| (1) | (2) | (3) | (3) | (3) |
|---|---|---|---|---|
| Area | Street to be temporarily stopped up | Extent of temporary stopping up | Extent of temporary stopping up | Extent of temporary stopping up |
| County of Lancashire, Borough of Wyre | For the purposes of Work Nos. 1A and 1B, Work Nos. 2 to 5 inclusive, Work Nos. 8 to 11 inclusive and Work Nos. 18 and 19— | For the purposes of Work Nos. 1A and 1B, Work Nos. 2 to 5 inclusive, Work Nos. 8 to 11 inclusive and Work Nos. 18 and 19— | For the purposes of Work Nos. 1A and 1B, Work Nos. 2 to 5 inclusive, Work Nos. 8 to 11 inclusive and Work Nos. 18 and 19— | |
| County of Lancashire, Borough of Wyre | Footpath 42 (Preesall) | For a distance of 70m measured along the length of the footpath between points A and B on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0205) | For a distance of 70m measured along the length of the footpath between points A and B on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0205) | |
| County of Lancashire, Borough of Wyre | Footpath 45 (Preesall) and Footpath 43 (Preesall) | For a distance of 40m measured along the length of the footpath between points C and D and I and J on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0207) | For a distance of 40m measured along the length of the footpath between points C and D and I and J on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0207) | |
| County of Lancashire, Borough of Wyre | Footpath 61 (Preesall) | For a distance of 20m measured along the length of the footpath between points E and F and G and H on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0207) | For a distance of 20m measured along the length of the footpath between points E and F and G and H on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0207) | |
| County of Lancashire, Borough of Wyre | For the purposes of Work Nos. 6 and 20A— | For the purposes of Work Nos. 6 and 20A— | For the purposes of Work Nos. 6 and 20A— | |
| County of Lancashire, Borough of Wyre | Back Lane | Between points M and N on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0210) | Between points M and N on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0210) | |
| County of Lancashire, Borough of Wyre | For the purposes of Work Nos. 7 and 17A— | For the purposes of Work Nos. 7 and 17A— | For the purposes of Work Nos. 7 and 17A— | |
| County of Lancashire, Borough of Wyre | Monks Lane | Between its junction with Back Lane to the Westerly limit of the gas compressor compound between points Q1 to R1 on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0210) | Between its junction with Back Lane to the Westerly limit of the gas compressor compound between points Q1 to R1 on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0210) | |
| County of Lancashire, Borough of Wyre | For the purposes of Work No. 13— | For the purposes of Work No. 13— | For the purposes of Work No. 13— | |
| County of Lancashire, Borough of Wyre | Unnamed track adjacent to Fleetwood Fish Dock (Private access) | Between the sea water pumping station and the dock edge between points Q2 and R2 on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0204) | Between the sea water pumping station and the dock edge between points Q2 and R2 on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0204) | |
| County of Lancashire, Borough of Wyre | For the purposes of Work Nos. 16A to 16L inclusive— | For the purposes of Work Nos. 16A to 16L inclusive— | For the purposes of Work Nos. 16A to 16L inclusive— | |
| County of Lancashire, Borough of Wyre | Rossall Promenade (Footpath 12 (Fleetwood)) | From the access point from Fairway to the Order limits between points S1, T1 and U1 on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR- 00-XX-0202) | From the access point from Fairway to the Order limits between points S1, T1 and U1 on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR- 00-XX-0202) | |
| County of Lancashire, Borough of Wyre | Wyre Way, adjacent to B5049 | For the width of the proposed temporary access track between points V1 and W1 on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR- 00-XX-0203) | For the width of the proposed temporary access track between points V1 and W1 on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR- 00-XX-0203) | |
| County of Lancashire, Borough of Wyre | For the purposes of Work Nos. 17A to 17C inclusive— | For the purposes of Work Nos. 17A to 17C inclusive— | For the purposes of Work Nos. 17A to 17C inclusive— | |
| County of Lancashire, Borough of Wyre | Agglebys Road | Between points K and L on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0210) | Between points K and L on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0210) | |
| County of Lancashire, Borough of Wyre | Bridleway 2a (Stalmine-with-Staynall)/Corcas Lane | Between points Q and P on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0212) | Between points Q and P on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0212) | |
| County of Lancashire, Borough of Wyre | High Gate Lane linking High Gate Lane with Burrows Lane (Adopted unclassified) | Between points T and T2 on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0213) | Between points T and T2 on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0213) | |
| County of Lancashire, Borough of Wyre | Burrows Lane (Adopted unclassified) | Between points R and S on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0213) | Between points R and S on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0213) | |
| County of Lancashire, Borough of Wyre | For the purposes of Work No. 19— | For the purposes of Work No. 19— | For the purposes of Work No. 19— | |
| County of Lancashire, Borough of Wyre | Footpath 42 (Preesall) | Between points A and B on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0205) | Between points A and B on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0205) | |
| County of Lancashire, Borough of Wyre | Footpath 45 (Preesall) | Between points C and D on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0207) | Between points C and D on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0207) | |
| County of Lancashire, Borough of Wyre | Footpath 61 (Preesall) | Between points E and F on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0207) | Between points E and F on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0207) | |
| County of Lancashire, Borough of Wyre | For the purposes of Work Nos. 20A to 20H inclusive— | For the purposes of Work Nos. 20A to 20H inclusive— | ||
| County of Lancashire, Borough of Wyre | Footpath 31 (Preesall) | Between points U and V on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0216) | Between points U and V on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0216) | |
| County of Lancashire, Borough of Wyre | Bridleway 29 (Preesall) | Between points W and X on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0217) | Between points W and X on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0217) | |
| County of Lancashire, Borough of Wyre | White Lane | Between points Y and Z on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0217) | Between points Y and Z on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0217) | |
| County of Lancashire, Borough of Wyre | Shaws Lane (Footpath 34 (Pilling)) | Between points A1 and B1 on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0217) | Between points A1 and B1 on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0217) | |
| County of Lancashire, Borough of Wyre | Longwood Lane (New Lane) | Between points C1 and D1 on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0218) | Between points C1 and D1 on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0218) | |
| County of Lancashire, Borough of Wyre | Lancaster Road | Between points C2 and D2 on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0218) | Between points C2 and D2 on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0218) | |
| County of Lancashire, Borough of Wyre | Bradshaw Lane | Between points E1 and F1 on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0219) | Between points E1 and F1 on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0219) | |
| County of Lancashire, Borough of Wyre | Footpath 39 (Pilling) | Between points E2 and F2 on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0220) | Between points E2 and F2 on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0220) | |
| County of Lancashire, Borough of Wyre | Bone Hill Lane | Between points G1 and H1 on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0220) | Between points G1 and H1 on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0220) | |
| County of Lancashire, Borough of Wyre | Black Lane | Between points I1 and J1 on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0221) | Between points I1 and J1 on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0221) | |
| County of Lancashire, Borough of Wyre | Station Lane | Between points K1 and L1 on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0222) | Between points K1 and L1 on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0222) | |
| County of Lancashire, Borough of Wyre | Footpath 4 (Nateby) | Between points M1 and N1 on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0222) | Between points M1 and N1 on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0222) | |
| County of Lancashire, Borough of Wyre | Bridleway 1 (Nateby) | Between points K2 and K1 on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0222) | Between points K2 and K1 on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0222) | |
| County of Lancashire, Borough of Wyre | Footpath 2 (Nateby) | Between points O1 and P1 on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0223) | Between points O1 and P1 on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0223) |
SCHEDULE 5 — ACCESS TO WORKS
| (1) | (2) | (2) |
|---|---|---|
| Area | Description of access | Description of access |
| Permanent Access to Works | Permanent Access to Works | Permanent Access to Works |
| County of Lancashire, Borough of Wyre | Preesall, main access private road to A588 formed within Work No. 6— | Preesall, main access private road to A588 formed within Work No. 6— |
| County of Lancashire, Borough of Wyre | Access from the A588 Hall Gate Lane opposite Moss House Lane as shown on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0216) | |
| County of Lancashire, Borough of Wyre | Preesall, secondary access/road crossing formed within Work No. 6— | Preesall, secondary access/road crossing formed within Work No. 6— |
| County of Lancashire, Borough of Wyre | Access from Back Lane approximately 95m south of Monks Lane as shown on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0210) | |
| County of Lancashire, Borough of Wyre | Preesall, emergency access to works area from Acres Lane— | Preesall, emergency access to works area from Acres Lane— |
| County of Lancashire, Borough of Wyre | Access from Acres Lane approximately 90m west of Acre House as shown on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0208) | |
| County of Lancashire, Borough of Wyre | Fleetwood Fish Dock— | Fleetwood Fish Dock— |
| County of Lancashire, Borough of Wyre | Access to seawater pump station, connection to Herring Arm Road and Dock Avenue within the Fleetwood Fish Dock as shown on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0204) | |
| Temporary Access to Works | Temporary Access to Works | Temporary Access to Works |
| County of Lancashire, Borough of Wyre | Preesall, access to works area from A588 formed within Work No. 6— | Preesall, access to works area from A588 formed within Work No. 6— |
| County of Lancashire, Borough of Wyre | Access from the A588 Hall Gate Lane opposite Moss House Lane as shown on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0216) | |
| County of Lancashire, Borough of Wyre | Preesall, secondary access/road crossing formed within Work No. 6— | Preesall, secondary access/road crossing formed within Work No. 6— |
| County of Lancashire, Borough of Wyre | Access from Back Lane approximately 95m south of Monks Lane as shown on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0210) | |
| County of Lancashire, Borough of Wyre | Fleetwood Fish Dock— | Fleetwood Fish Dock— |
| County of Lancashire, Borough of Wyre | Access to seawater pump station, connection to Herring Arm Road within the Fleetwood Fish Dock as shown on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0204) | |
| County of Lancashire, Borough of Wyre | Fleetwood Fish Dock to Work No. 16A— | Fleetwood Fish Dock to Work No. 16A— |
| County of Lancashire, Borough of Wyre | Access from Herring Arm Road within the Fleetwood Fish Dock as shown on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0204) | |
| County of Lancashire, Borough of Wyre | Fleetwood, Jameson Road two access points to Work Nos. 16B, 16C and 16D— | Fleetwood, Jameson Road two access points to Work Nos. 16B, 16C and 16D— |
| County of Lancashire, Borough of Wyre | Access from Jameson Road to the temporary works compound close to the disused railway, as shown on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0203) | |
| County of Lancashire, Borough of Wyre | Access from Jameson Road to the temporary works compound sited approximately 90m west of the disused railway, as shown on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX -0203) | |
| County of Lancashire, Borough of Wyre | Fleetwood, Fleetwood Road to Work Nos. 16D and 16E— | Fleetwood, Fleetwood Road to Work Nos. 16D and 16E— |
| County of Lancashire, Borough of Wyre | Access from Fleetwood Road to the temporary work compound and works. The access is situated approximately 100m south east of its junction (roundabout) with Amounderness Way, as shown on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0203) | |
| County of Lancashire, Borough of Wyre | Fleetwood, Rossall Lane to Work Nos. 16E and 16F— | Fleetwood, Rossall Lane to Work Nos. 16E and 16F— |
| County of Lancashire, Borough of Wyre | Access from Rossall Lane to the temporary works compound north of Rossall Lane. The access is situated approximately 25m west of the junction with Amounderness Way, as shown on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX -0203) | |
| County of Lancashire, Borough of Wyre | Fleetwood, South Strand to Work No. 16F— | Fleetwood, South Strand to Work No. 16F— |
| County of Lancashire, Borough of Wyre | Access from South Strand access to field area. The access is situated approximately 230m south west of its junction with Broadway, as shown on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0202) | |
| County of Lancashire, Borough of Wyre | Fleetwood, South Strand to Work Nos. 16G and 16H— | Fleetwood, South Strand to Work Nos. 16G and 16H— |
| County of Lancashire, Borough of Wyre | Access from South Strand to the works compound situated adjacent to South Strand/Broadway. The access is situated at the junction of South Strand with Broadway, as shown on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0202) | |
| County of Lancashire, Borough of Wyre | Rossall Promenade, Fairway/Westway to Work Nos. 16I, 16J, 16K and 16L— | Rossall Promenade, Fairway/Westway to Work Nos. 16I, 16J, 16K and 16L— |
| County of Lancashire, Borough of Wyre | Access from Fairway/Westway at the point of the existing access to the promenade/car parking areas, as shown on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0202) | |
| County of Lancashire, Borough of Wyre | Preesall, Agglebys Road to Work No. 17A— | Preesall, Agglebys Road to Work No. 17A— |
| County of Lancashire, Borough of Wyre | Access from Agglebys Road at a point approximately 20m to the west of its junction with Back Lane as shown on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0210) | |
| County of Lancashire, Borough of Wyre | Preesall, Corcas Lane to Work No. 17A | Preesall, Corcas Lane to Work No. 17A |
| County of Lancashire, Borough of Wyre | Access to work from Corcas Lane at a point approximately 20m west of its junction with Back Lane as shown on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0212) | |
| County of Lancashire, Borough of Wyre | Preesall, High Gate Lane linking Burrows Lane to High Gate Lane to Work No. 17A— | Preesall, High Gate Lane linking Burrows Lane to High Gate Lane to Work No. 17A— |
| County of Lancashire, Borough of Wyre | Access to work from High Gate Lane at a point approximately 180m east of its junction with Burrows Lane as shown on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0213) | |
| County of Lancashire, Borough of Wyre | Preesall, Burrows Lane to Work No. 17A— | Preesall, Burrows Lane to Work No. 17A— |
| County of Lancashire, Borough of Wyre | Access to work from Burrows Lane at a point approximately 350m south of its junction with High Gate Lane as shown on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0213) | |
| County of Lancashire, Borough of Wyre | Preesall, Burrows Lane to Work Nos. 17A and 17B, temporary works compound— | Preesall, Burrows Lane to Work Nos. 17A and 17B, temporary works compound— |
| County of Lancashire, Borough of Wyre | Access to work from Burrows Lane at a point approximately 1040m south of its junction with High Gate Lane as shown on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0214) | |
| County of Lancashire, Borough of Wyre | Preesall, Burrows Lane to Work Nos. 17A and 17B, temporary works compound— | Preesall, Burrows Lane to Work Nos. 17A and 17B, temporary works compound— |
| County of Lancashire, Borough of Wyre | Access to work from Burrows Lane at a point approximately 300m north west of its junction with Staynall Lane as shown on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0214) | |
| County of Lancashire, Borough of Wyre | Thornton-Clevelys, Stanah Substation, River Road to Work No. 17C— | Thornton-Clevelys, Stanah Substation, River Road to Work No. 17C— |
| County of Lancashire, Borough of Wyre | Access from River Road via two existing access roads serving a caravan park and the Stanah Substation as shown on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0215) | |
| County of Lancashire, Borough of Wyre | Preesall, Access from A588 Hall Gate Lane to Work No. 20B Interconnector Gas Main— | Preesall, Access from A588 Hall Gate Lane to Work No. 20B Interconnector Gas Main— |
| County of Lancashire, Borough of Wyre | Access from the A588, High Gate Lane approximately 40m north of Moss House Lane as shown on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0216) | |
| County of Lancashire, Borough of Wyre | Pilling Moss, Lancaster Road to Work Nos. 20B and 20C— | Pilling Moss, Lancaster Road to Work Nos. 20B and 20C— |
| County of Lancashire, Borough of Wyre | Access from Lancaster Road approximately 125m north of Bankfield as shown on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0218) | |
| County of Lancashire, Borough of Wyre | Pilling Moss, Bradshaw Lane to Work Nos. 20C and 20D— | Pilling Moss, Bradshaw Lane to Work Nos. 20C and 20D— |
| County of Lancashire, Borough of Wyre | Access from Bradshaw Lane approximately 110m east of Ridgy Pool as shown on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0219) | |
| County of Lancashire, Borough of Wyre | Pilling Moss, Bone Hill Lane to Work Nos. 20D and 20E— | Pilling Moss, Bone Hill Lane to Work Nos. 20D and 20E— |
| County of Lancashire, Borough of Wyre | Access from Bone Hill Lane approximately 200m south east of Bone Hill Farm as shown on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0220) | |
| County of Lancashire, Borough of Wyre | Nateby Moss, Black Lane to Work Nos. 20E, 20F and 21— | Nateby Moss, Black Lane to Work Nos. 20E, 20F and 21— |
| County of Lancashire, Borough of Wyre | Access to work from Black Lane at a point approximately 100m north BAP habitats west of its junction with Footpath No. 6 as shown on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0221) | |
| County of Lancashire, Borough of Wyre | Nateby, Station Lane to Work Nos. 20H and 20G— | Nateby, Station Lane to Work Nos. 20H and 20G— |
| County of Lancashire, Borough of Wyre | Access from Station Lane via existing access roads serving the National Grid gas compound at Black Wood approximately 175m south of the Orchard as shown on the access and temporary stopping up plans (drawing no. MMD-277663-C-DR-00-XX-0222) |
SCHEDULE 6 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
| (1) | (2) | (3) | (4) |
|---|---|---|---|
| Area | Number of land shown on land plans | Purpose for which temporary possession may be taken | Relevant part of the authorised development |
| Lancashire County Council, Wyre Borough Council | 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 15, 16, 17, 18, 19, 20, 21, 22, 26, 27, 28, 29, 31, 32, 33, 35, 37, 38, 39, 40, 45, 46, 47, 48, 51, 52, 61, 62, 63, 64, 65, 66, 67, 69, 69A, 70, 71, 73, 74, 75, 77, 79, 80, 80a, 80b, 81, 82, 83, 85, 86, 87, 88, 89, 90, 91, 93, 94, 95, 96, 97, 98, 99, 101, 102, 104, 105, 108, 110, 111, 114, 115, 117, 118, 119, 123, 124, 125, 127, 129, 130, 131, 132, 133, 134, 135, 136, 137, 142, 143, 144, 147, 148, 149, 150, 151, 152, 153, 154, 155, 157, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 184, 185, 186, 188, 189, 190, 191, 192, 193, 194, 195, 196, 198, 199, 200, 202, 203, 204, 206, 207, 208, 209, 210, 211, 214 and 215 | Construction and carrying out of the authorised development; worksite for construction and carrying out of the authorised development | Work Nos. 1A, 1B, 2A, 2B, 2C, 2D, 2E, 2F, 2G, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16A, 16B, 16C, 16D, 16E, 16F, 16G, 16H, 16I, 16J, 16K, 16L, 17A, 17B, 17C, 18, 19, 20A, 20B, 20C, 20D, 20E, 20F, 20G, 20H and 21 |
| Lancashire County Council, Wyre Borough Council | 14, 23, 24, 25, 30, 34, 36, 41, 42, 43, 44, 49, 50, 54, 58, 109, 112, 113, 116, 120, 121, 122, 126, 128, 158, 159, 160, 161, 183, 187, 197, 201 and 212 | Construction and carrying out of the authorised development; worksite and access for construction of the authorised development | Work Nos. 6, 16A, 16B, 16C, 16D, 16E, 16F, 16H, 16I, 17A, 17B, 17C, 20A, 20B, 20C, 20D, 20E, 20F, 20G and 20H |
SCHEDULE 7 — DEEMED LICENCE UNDER THE MARINE AND COASTAL ACCESS ACT 2009
Interpretation
1
- (1) In this licence—
- “the 2009 Act” means the Marine and Coastal Access Act 2009[^f00029];
- “authorised development” means the development and associated development described in Schedule 1 (authorised development) of the Order;
- “commencement” means beginning to carry out any material operation (as defined in section 155 of the 2008 Act) other than operations consisting of marine and benthic surveys, archaeological investigations and investigations for the purpose of assessing ground and geological conditions and “commence” and “commenced” shall be construed accordingly;
- “environmental statement” means the document certified as the environmental statement by the Secretary of State for the purposes of the Order;
- “key BAP habitats” means the Sabellaria alveolata reef;
- “licence conditions” means the licence conditions set out at paragraphs 2 to 42;
- “licence holder” means the “undertaker” as defined in article 2 (interpretation) of the Order to whom this licence is issued;
- “licensed activity” means an activity described in paragraph 8 of this licence;
- “licensed location” means the area bounded by the coordinates set out at paragraph 9 of this licence;
- “licensed works” means any works constructed in the course of a licensed activity;
- “MMO” means the Marine Management Organisation created under the 2009 Act responsible for the monitoring of this licence or any successor to its statutory functions;
- “the Order” means the Preesall Underground Gas Storage Facility Order 2015;
- “pipeline” means the brine discharge pipeline comprised in the licensed works;
- “sea bed” means the solid surface of the earth which lies under the sea;
- “UK marine area” has the same meaning as that given at section 42 (UK marine area) of the 2009 Act;
- “vessel” means every description of vessel, however propelled or moved, and includes a non-displacement craft, a personal watercraft, a seaplane on the surface of the water, a hydrofoil vessel, a hovercraft or any other amphibious vehicle and any other thing constructed or adapted for movement through, in, on or over water and which is at the time in, on or over water;
- “working day” means a day which is not a Saturday, Sunday, bank holiday or other public holiday.
- (2) Unless otherwise indicated all geographical co-ordinates contained within this licence shall be taken to be latitude and longitude degrees and minutes to three decimal places.
- (3) Except where otherwise indicated—
- (a) the point of contact with the MMO shall be at its main office[^f00030]; and
- (b) details for contact with the MMO’s marine pollution response team shall be at its main office[^f00031].
Licence validity period
2
- (1) This licence is valid from the licence commencement date until the licence termination date.
- (2) For the purposes of this licence—
- (a) the “licence commencement date” means the date on which the Order is made; and
- (b) the “licence termination date” means an indefinite period unless a licensed activity has not been commenced by the fifth anniversary of the licence commencement date, in which case it means the fifth anniversary of the licence commencement date.
Inspection of records etc.
3
The licence holder shall—
- (a) permit any person who is appointed by the MMO for the purpose to inspect, and make notes from, all books, papers, maps and other records of any kind kept by the licence holder in pursuance of this licence or in connection with activities associated with this licence; and
- (b) furnish that person at reasonable times with such information at reasonable times with such reasonable assistance as may be requested by that person in connection with or arising out of an inspection in pursuance of this paragraph.
Rights of access
4
Any person authorised by the MMO shall be entitled at all reasonable times to enter into and upon any of the licence holder’s installations, vessels or equipment used or to be used in connection with the activities authorised by this licence in accordance with Chapter 2 of Part 8 (common enforcement powers) of the 2009 Act.
Transfer
5
In the application of section 72 of the 2009 Act to this licence, subsection 72(8) of the 2009 Act shall not apply to a transfer made in accordance with article 8 (transfer of benefit of Order) of the Order.
Force majeure
6
- (1) If by reason of force majeure any substances or articles are deposited or removed otherwise than at the licensed location, the licence holder shall notify the MMO of the full details of the circumstances of that deposit within 48 hours of the incident occurring.
- (2) For the purposes of this paragraph, “force majeure” means when, due to stress of weather or any other cause, the master of a vessel determines that it is necessary to deposit substances or articles otherwise than at the licensed location because the safety of human life or the vessel is threatened.
Licence conditions binding other parties
7
The licence conditions shall bind any person who for the time being owns, occupies or enjoys any use of the licensed works.
Licensed activities
8
Subject to the licence conditions this licence authorises the licence holder (and any agent, contractor or subcontractor acting on its behalf) to—
- (a) carry out those elements of—
- (i) Work No. 1A;
- (ii) Work No. 1B;
- (iii) Work No. 15;
- (iv) Work No. 16J;
- (v) Work No. 16K; and
- (vi) Work No. 16L,
of Schedule 1 (authorised development) of the Order, and of any further associated development listed at items (a) to (j) in Schedule 1 in connection with those Work Nos., which fall within the UK marine area and constitute licensable marine activities under section 66 of the 2009 Act; and
- (b) undertake a borehole survey in connection with the installation of the brine outfall pipeline comprised within the licensed activities set out at sub-paragraph (a), the purpose of which would be to inform the micro-siting of the pipeline and to determine if there are any archaeological remains or there is any palaeoenvironmental evidence present which could be directly affected by such pipeline installation.
Licensed location
9
The licence holder (and any agent, contractor or subcontractor acting on its behalf) may engage in the licensed activities in the area bounded by the following coordinates—
| Latitude | Longitude | |
|---|---|---|
| Work Nos. 16J, 16K, 16L and borehole surveys— | Work Nos. 16J, 16K, 16L and borehole surveys— | Work Nos. 16J, 16K, 16L and borehole surveys— |
| N 53 53.986 | W 3 05.095 | |
| N 53 54.035 | W 3 03.029 | |
| N 53 53.985 | W 3 03.015 | |
| N 53 53.987 | W 3 02.907 | |
| N 53 54.081 | W 3 02.927 | |
| N 53 54.077 | W 3 03.041 | |
| N 53 54.067 | W 3 03.038 | |
| N 53 54.018 | W 3 05.096 | |
| Work No. 15— | Work No. 15— | Work No. 15— |
| N 53 54.774 | W 3 00.799 | |
| N 53 54.798 | W 3 00.768 | |
| N 53 54.819 | W 3 00.823 | |
| N 53 54.793 | W 3 00.855 | |
| N 53 54.802 | W 3 00.869 | |
| N 53 54.791 | W 3 00.858 | |
| N 53 54.770 | W 3 00.883 | |
| N 53 54.755 | W 3 00.889 | |
| N 53 54.755 | W 3 00.880 | |
| N 53 54.769 | W 3 00.827 | |
| Work Nos. 1A and 1B— | Work Nos. 1A and 1B— | Work Nos. 1A and 1B— |
| N 53 54.759 | W 2 59.541 | |
| N 53 54.758 | W 2 59.618 | |
| N 53 54.745 | W 2 59.705 | |
| N 53 54.658 | W 2 59.780 | |
| N 53 54.654 | W 2 59.789 | |
| N 53 54.590 | W 2 59.771 | |
| N 53 54.501 | W 2 59.767 | |
| N 53 54.348 | W 2 59.635 | |
| N 53 54.347 | W 2 59.641 | |
| N 53 54.212 | W 2 59.528 | |
| N 53 54.210 | W 2 59.519 | |
| N 53 54.204 | W 2 59.502 | |
| N 53 54.186 | W 2 59.468 | |
| N 53 54.187 | W 2 59.434 | |
| N 53 54.195 | W 2 59.426 | |
| N 53 54.201 | W 2 59.413 | |
| N 53 54.215 | W 2 59.351 | |
| N 53 54.303 | W 2 59.196 | |
| N 53 54.440 | W 2 59.071 |
Reporting of engaged agents, contractors or sub-contractors
10
- (1) The licence holder shall notify the MMO in writing of any agents, contractors or sub-contractors that will be carrying out the licensed activities on behalf of the licence holder no less than 5 working days before the commencement of that activity.
- (2) The licence holder shall ensure that a copy of this licence and any subsequent revisions or amendments have been read and understood by any agents, contractors or sub-contractors that will be carrying out the licensed activities on behalf of the licence holder.
Notification of vessels
11
- (1) The licence holder shall ensure that the MMO is provided with notification of any vessel being used to undertake the licensed activities no less than 24 hours before that vessel first commences licensed activities.
- (2) The licence holder shall ensure that a copy of this licence and any subsequent revisions or amendments has been read and understood by the masters of any vessel being used to undertake any licensed activity, and that a copy of this licence is held on board any such vessel.
Distribution of copies
12
- (1) The licence holder shall ensure that a copy of this licence and any subsequent revisions or amendments made to it in accordance with section 72 (variation, suspension, revocation and transfer) of the 2009 Act are given to—
- (a) any agent, contractor or subcontractor undertaking a licensed activity;
- (b) the master of any vessel undertaking a licensed activity;
- (c) the transport manager responsible for any vehicle undertaking a licensed activity.
- (2) The licence holder shall keep a copy of this licence at its registered address.
Application of licence conditions
13
- (1) Reference to licensed activities in paragraphs 15 and 18 to 42 shall not include the undertaking of the borehole survey referred to at paragraph 8(b), unless the MMO (following a review of the method statement submitted in respect of such survey pursuant to paragraph 17) notifies the licence holder otherwise.
- (2) Paragraphs 15 to 42 shall not apply to—
- (a) Work Nos. 1A and 1B of Schedule 1 (authorised development) of the Order; or
- (b) any part of Work No. 15 of Schedule 1 (authorised development) other than the incorporation of filters into the existing water intake structure comprised in that Work No.
Licence conditions prior to commencement of the licensed activities
14
The licence holder shall, unless otherwise agreed in writing with the MMO, within ten working days of receipt of a copy of this licence notify the MMO that it accepts the terms and conditions of this licence; and no licensed activities may be carried out until that notice has been given.
15
No licensed activities shall commence until a written scheme setting out all the stages of the licensed activities and a list of all proposed licensed activities additional to those listed at paragraph 8(a)(i) to (vi) (if any), have been submitted to and agreed with the MMO.
16
The licence holder shall, unless otherwise agreed in writing with the MMO, no less than ten working days prior to the commencement of any stage of the licensed activities notify the MMO of the proposed commencement date of that stage; and no stage of the licensed activities may be carried out until notice for that stage has been given.
17
- (1) The licence holder shall no less than two months prior to the commencement of any stage of the licensed activities submit to the MMO a method statement for that stage, the scope of which is to be agreed by the MMO prior to its submission; and no stage of the licensed activities may commence until the method statement for that stage has been approved in writing by the MMO.
- (2) The licence holder shall carry out any stage of licensed activities in accordance with the approved method statement for that stage.
18
- (1) The licence holder shall prior to the commencement of any stage of the licensed activities carry out a marine benthic ecology and habitats survey for that stage.
- (2) The scope of any marine benthic ecology and habitats survey shall be agreed with the MMO in writing prior to it being carried out.
- (3) Any report arising from any marine benthic ecology and habitats survey and any necessary monitoring requirements shall be agreed in writing with the MMO prior to the commencement of the stage of the licensed activities to which that survey relates; and no stage of the licensed activities may commence until such monitoring requirements (if any) for that stage and any amendments to the licence conditions (if required by the MMO) have been agreed.
19
- (1) The licence holder shall prior to the commencement of any stage of the licensed activities agree in writing with the MMO a vessel movement plan for that stage; and no stage of the licensed activities may commence until such a plan for that stage has been agreed.
- (2) The licence holder shall carry out the licensed activities in accordance with the approved vessel movement plan, unless otherwise agreed in writing with the MMO.
20
- (1) The licence holder shall prior to the commencement of any stage of the licensed activities agree in writing with the MMO a construction monitoring plan (or, if so agreed with the MMO, construction monitoring plans) for that stage; and no stage of the licensed activities may commence until such a plan or plans for that stage have been agreed.
- (2) Any construction monitoring plan shall include but not be limited to a pre-construction, construction and post-construction plan for monitoring the laying of the pipeline, consisting of trawl surveys within the transshipment area and barge approach routes for the delivery of rock armouring, and surveys of the pipeline corridor to ensure that the pipeline does not become exposed.
- (3) The licence holder shall carry out any stage of the licensed activities in accordance with any approved construction monitoring plan for that stage.
21
- (1) The licence holder shall no less than six weeks prior to the transshipment of rock armouring comprised in any stage of the licensed activities submit a method statement relating to such transhipment for that stage, including details of the location of the transshipment area and barge approach routes for the delivery of rock armouring; and no stage of the licensed activities may commence until such a method statement for that stage has been approved in writing by the MMO.
- (2) The licence holder shall carry out any stage of the licensed activities in accordance with the rock armouring transhipment method statement approved for that stage.
22
- (1) The licence holder shall prior to the commencement of any stage of the licensed activities agree with the MMO the lighting and marking of the licensed works comprised in that stage.
- (2) The details of such lighting and marking shall be included in the method statement to be submitted for approval under paragraph 17.
23
- (1) The licence holder shall prior to the commencement of any stage of the licensed activities notify local mariners’ and fishermen’s organisations of that commencement by procuring issue of a notice to mariners; and no stage of the licensed activities may commence until such notice for that stage has been given.
- (2) For the purposes of this paragraph, “notice to mariners” includes any notice to mariners issued by the Admiralty, Trinity House, Queen’s harbourmasters, government departments or harbour or pilotage authorities.
24
- (1) The licence holder shall prior to the commencement of any stage of the licensed activities, following consultation with Historic England, submit to the MMO for that stage a written scheme of investigation of areas of archaeological interest; and no stage of the licensed activities may commence until the written scheme of investigation for that stage has been approved in writing by the MMO.
- (2) In undertaking any stage of the licensed activities, the licence holder shall act in accordance with the written scheme of investigation approved for that stage (if any).
Licence conditions during construction of the licensed works
25
The licence holder shall minimise the re-suspension of sediment during any stage of construction of the licensed works. Details of how this is to be achieved shall be included in the method statement for that stage to be submitted for approval under paragraph 17.
26
- (1) The licence holder shall in the course of any stage of construction of the licensed works take appropriate steps to minimise damage to the foreshore, including to key BAP habitats so far as they are located on the foreshore. Details of such steps, and for steps to identify damage caused (if any) by the construction of the licensed works to key BAP habitats so far as they are located on the foreshore, shall be included in the method statement for that stage to be submitted for approval under paragraph 17.
- (2) For the purposes of this paragraph, “the foreshore” means land which is covered and uncovered by the ordinary movement of the tide.
27
The licence holder shall in the course of construction of any stage of the licensed works ensure that the pipeline, anchoring and rock armouring (if present during construction of that stage) are fully covered and do not protrude above the seabed. Details of the necessary steps shall be included in the method statement for that stage to be submitted for approval under paragraph 17.
28
The licence holder shall in the course of construction of any stage of the licensed works only access the licensed location within a defined and marked out area which shall be set out in the method statement to be submitted for approval for that stage under paragraph 17, thereby limiting personnel and plant access to the licensed location.
29
- (1) The licence holder shall in the course of construction of the licensed works fit diffusers to the discharge end of the pipeline, unless otherwise agreed in writing with the MMO.
- (2) The details of such diffusers shall be included in the method statement to be submitted for approval under paragraph 17.
30
- (1) The licence holder shall in the course of construction of the licensed works ensure that all chemicals utilised are selected from the list of notified chemicals assessed for use by the offshore oil and gas industry under the Offshore Chemicals Regulations 2002[^f00032] or has gone through a similar level of ecotoxicological hazard or risk assessment.
- (2) The licence holder shall obtain from the MMO prior written approval for the use of drilling fluids other than water-based mud for carrying out drilling operations comprised in any stage of the licensed activities.
- (3) The licence holder shall comply with any guidance provided to it by the MMO in relation to the disposal of any arisings resulting from drilling operations using drilling fluids other than water-based mud.
31
- (1) The licence holder shall in the course of construction of the licensed works ensure that any coatings or treatments are suitable for use in the marine environment and are used in accordance with best environmental practice.
- (2) For the purposes of this paragraph, “best environmental practice” means best environmental practice as defined in Appendix 1 of the 1992 OSPAR Convention of the Protection of the Marine Environment of the North-East Atlantic.
32
The licence holder shall in the course of construction of the licensed works, unless otherwise agreed in writing with the MMO, ensure that a soft-start procedure is used, whereby pile power is incrementally increased over a time period of not less than twenty minutes until full operational power is achieved. In the event that piling ceases for a period greater than ten minutes, the soft-start procedure shall be repeated.
33
- (1) The licence holder shall in the course of construction of the licensed works install bunding and/or storage facilities to contain and prevent the release of fuel, oils, and chemicals associated with plant, refuelling and construction equipment into the marine environment.
- (2) There shall be containment facilities secondary to the bunding or storage facilities described in sub-paragraph (1).
- (3) The capacity of those secondary containment facilities shall not be less than 100% of the storage capacity of the bunding or storage facilities described in sub-paragraph (1).
34
The licence holder shall ensure that any oil, fuel or chemical spill within the marine environment is reported to the MMO’s Marine Pollution Response Team by email or by telephone.
35
The licence holder shall in the course of construction of the licensed works ensure that during the works all waste is stored in designated areas which are isolated from surface water drains, open water and bunded to contain any spillages.
36
- (1) The licence holder shall in the course of construction of the licensed works ensure that no waste concrete slurry or wash water from concrete or cement works is discharged into the marine environment.
- (2) Concrete and cement mixing shall, unless otherwise agreed in writing with the MMO, be contained and sited at least ten metres from any watercourse or surface water drain.
- (3) For the purposes of this paragraph “watercourse” includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain.
37
The licence holder shall ensure that any vessels used for rock transhipment or delivery operations—
- (a) are suitably constructed and loaded to prevent rock falling over the side; and
- (b) use suitable screening to prevent the loss of rock or shingle through drainage holes.
38
The licence holder shall ensure that any rock misplaced or lost below the level of mean high water springs in the course of construction of the licensed works is reported to the MMO within 48 hours and located and recovered within six weeks, unless otherwise agreed in writing with the MMO.
Licence conditions following completion of the licensed works
39
The licence holder shall prior to the commencement of any stage of the licensed activities in which backfilling operations within the marine environment are to take place following the completion of that stage, submit to the MMO for that stage details of the materials to be used in such backfilling operations; and no such stage of the licensed activities may commence until those details have been approved in writing by the MMO.
40
The licence holder shall ensure that, unless otherwise agreed in writing with the MMO, within six weeks of completion of the licensed works, backfill operations shall return the intertidal area to its profile prior to the commencement of the licensed activities; and the licence holder shall use the materials the details of which have been approved pursuant to paragraph 39 in respect of those backfill operations.
41
The licence holder shall within six weeks of completion of the licensed works ensure that any equipment, temporary structures, waste or debris associated with those works are removed, unless otherwise agreed in writing with the MMO.
42
- (1) The licence holder shall as soon as reasonably practicable following completion of the licensed works notify the Hydrographic Office of that completion.
- (2) The “Hydrographic Office” means the Hydrographic Office of the Ministry of Defence, Taunton, Somerset, TA1 2DN.
Changes approved by the MMO
43
Where the words “unless otherwise agreed” appear in this licence, any such agreement or statement may be given only in relation to immaterial changes where it has been demonstrated to the satisfaction of MMO that the subject matter of the approval or agreement sought is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.
SCHEDULE 8 — PROTECTIVE PROVISIONS
PART 1 — FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
Application
1
For the protection of the undertakers referred to in this Part, the following provisions shall, unless otherwise agreed in writing between the promoter and the undertaker concerned, have effect.
Interpretation
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—in the case of an undertaker referred to in sub-paragraph (a) of the definition of “undertaker”, electric lines or electrical plant (as defined in the Electricity Act 1989[^f00033]), belonging to or maintained by that undertaker;in the case of an undertaker referred to in sub-paragraph (b) of the definition of “undertaker”, any mains, pipes or other apparatus belonging to or maintained by a gas transporter for the purposes of gas supply;in the case of an undertaker referred to in sub-paragraph (c) of the definition of “undertaker”, mains, pipes or other apparatus belonging to or maintained by that undertaker for the purposes of water supply; andin the case of an undertaker referred to in sub-paragraph (d) of the definition of “undertaker”—any drain or works vested in the undertaker under the Water Industry Act 1991[^f00034] and Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011; andany 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 includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;
- “commence” has the same meaning as in paragraph 1 of Schedule 9 (Requirements);
- “functions” includes powers and duties;
- “in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over, across, along or upon land;
- “plan” includes a section and description of the works to be executed;
- “promoter” means the undertaker as defined in article 2 of this Order;
- “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[^f00035];a water undertaker within the meaning of the Water Industry Act 1991; anda sewerage undertaker within the meaning of Part 1 of the Water Industry Act 1991,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;
- “United Utilities” means United Utilities PLC (company number 02366616) whose registered address is Haweswater House, Lingley Mere Business Park, Lingley Green Avenue, Great Sankey, Warrington, WA5 3LP.
3
This Part does not apply to apparatus in respect of which the relations between the promoter and the undertaker are regulated by the provisions of Part 3 of the 1991 Act.
Temporarily stopped up streets
4
Notwithstanding the temporary stopping up or diversion of any streets or highway under the powers in article 12 (temporary stopping up of streets and rights of way), an undertaker shall be at liberty at all times 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, renew or use any apparatus which at the time of the stopping up or diversion was in that highway.
Protective works to buildings
5
- (1) The promoter, in the case of the powers conferred by article 16 (protective work to buildings), shall, so far as is reasonably practicable, so exercise those powers as not to obstruct or render less convenient the access to any apparatus and, if by reason of the exercise of those powers any damage to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal or abandonment) or property of any undertaker or any interruption in the supply of electricity, gas or water, as the case may be, by the undertaker is caused, the promoter shall bear and pay the cost reasonably incurred by that undertaker in making good such damage or restoring the supply; and, subject to sub-paragraph (2), shall—
- (a) make reasonable compensation to the undertaker for any loss sustained by it; and
- (b) indemnify the undertaker against all claims, demands, proceedings, costs, damages and expenses which may be made or taken against or recovered from or incurred by that undertaker, by reason of any such damage or interruption.
- (2) Nothing in this paragraph shall impose any liability on the promoter with respect to any damage or interruption to the extent that such damage or interruption is attributable to the act, neglect or default of an undertaker or its contractors or workers; and the undertaker shall give to the promoter reasonable notice of any claim or demand as aforesaid and no settlement or compromise thereof shall be made without the prior consent of the promoter.
Acquisition of apparatus
6
Notwithstanding any provision in this Order or anything shown on the land plans, the promoter shall 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 promoter acquires any interest in any land in which any apparatus is placed, that apparatus shall not be removed under this Part and any right of an undertaker to maintain that apparatus in that land shall not be extinguished until alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the undertaker in question.
- (2) If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the promoter requires the removal of any apparatus placed in that land, it shall give to the undertaker in question written notice of that requirement, together with a plan of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order an undertaker reasonably needs to remove any of its apparatus) the promoter shall, subject to sub-paragraph (3), afford to the undertaker the necessary—
- (a) facilities and rights for the construction of alternative apparatus in other land of the promoter; and
- (b) subsequently facilities and rights for the maintenance of that apparatus.
- (3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the promoter, or the promoter is unable to afford such facilities and rights as are mentioned in sub-paragraph (2), in the land in which the alternative apparatus or part of such apparatus is to be constructed, the undertaker in question shall, on receipt of a written notice to that effect from the promoter, 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 promoter under this Part shall be constructed in such manner and in such line or situation as may be agreed between the undertaker in question and the promoter or in default of agreement settled by arbitration in accordance with article 41 (arbitration).
- (5) The undertaker in question shall, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 41 (arbitration), 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 promoter to be removed under the provisions of this Part.
- (6) Notwithstanding anything in sub-paragraph (5), if the promoter gives notice in writing to the 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 in any land of the promoter, that work, instead of being executed by the undertaker, shall be executed by the promoter without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the undertaker.
- (7) Nothing in sub-paragraph (6) shall authorise the promoter 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, the promoter affords to an undertaker facilities and rights for the construction, use, maintenance, renewal and inspection in land of the promoter of alternative apparatus in substitution for apparatus to be removed, those facilities and rights shall be granted upon such terms and conditions as may be agreed between the promoter and the undertaker in question or in default of agreement settled by arbitration in accordance with article 41 (arbitration).
- (2) In settling the terms and conditions mentioned in respect of alternative apparatus to be constructed in the authorised development, the arbitrator shall—
- (a) give effect to all reasonable requirements of the promoter for ensuring the safety and efficient operation of the authorised development and for securing any subsequent alterations or adaptations of the alternative apparatus which may be required to prevent interference with the authorised development, its safety or its efficient operation; and
- (b) so far as it may be reasonable and practicable to do so in the circumstances of the particular case, give effect to the terms and conditions (if any) applicable to the apparatus constructed in the authorised development for which the alternative apparatus is to be substituted.
- (3) If the facilities and rights to be afforded by the promoter 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 more or 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 shall make such provision for the payment of compensation to or by the promoter by or to that undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.
Retained apparatus: protection
9
- (1) Not less than 28 days before starting the execution of any works of the type referred to in paragraph 7(2) that are near to, or will or may affect, any apparatus the removal of which has not been required by the promoter under paragraph 7(2), the promoter shall submit to the undertaker in question a plan.
- (2) In relation to works which will or may be situated over or within 15 metres measured in any direction of, or (wherever situated) impose any load directly upon any sewer, the plan to be submitted to the undertaker under sub-paragraph (1) shall be detailed and describe—
- (a) the exact position of the works;
- (b) the level at which these are proposed to be constructed or renewed;
- (c) the manner of their construction or renewal;
- (d) the position of all sewers within 15 metres of the works or upon which the works will impose a load; and
- (e) by way of detailed drawings, every alteration proposed to be made to any such sewer.
- (3) The promoter shall not commence the construction or renewal of any works to which sub-paragraph (2) applies until the undertaker has given written approval of the plan so submitted.
- (4) Any approval of the undertaker required under sub-paragraph (2)—
- (a) may be given subject to reasonable conditions for any purpose mentioned in sub-paragraph (5);
- (b) shall not be unreasonably withheld; and
- (c) shall be deemed to have been given if it is neither given nor refused within 56 days of the submission of plans for approval.
- (5) In relation to a work to which sub-paragraph (2) applies, the specified undertaker may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing its sewerage system against interference or risk of damage or for the purpose of providing or securing proper and convenient means of access to any sewer.
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