The Progress Power (Gas Fired Power Station) Order 2015

• (d) the environmental statement;

• (e) the flood risk assessment;

• (f) the important hedgerow plan;

• (g) the land plans;

• (h) the landscape mitigation strategy;

• (i) the outline construction environment management plan;

• (j) the outline construction traffic management plan;

• (k) the outline landscaping plans;

• (l) the outline lighting strategy;

• (m) the rights of way, streets and access plan;

• (n) the stage 2 written scheme of archaeological investigation; and

• (o) the works plans

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

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

Service of notices

38

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

• (a) by post;

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

• (c) with the consent of the recipient and subject to paragraphs (6) to (8), by electronic transmission.

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

• (3) For the purposes of section 7 of the Interpretation Act 1978²² as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address and otherwise—

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

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

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

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

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

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

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

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

• (c) the notice or document is legible in all material respects; and

• (d) in a form sufficiently permanent to be used for subsequent reference.

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

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

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

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

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

• (9) This article does not exclude the employment of any method of service not expressly provided for by it.

Procedure in relation to certain approvals etc.

39

• (1) Where an application is made to or request is made of the relevant planning authority, a highway authority, a traffic authority, a street authority, or the owner of a watercourse, sewer or drain for any consent, agreement or approval required or contemplated by any of the provisions of the Order (not including the requirements), such consent, agreement or approval to be validly given, must be given in writing and must not be unreasonably withheld or delayed.

• (2) Save for applications made pursuant to Schedule 10, if, within eight weeks after the application or request has been submitted to an authority or an owner as referred to in paragraph (1) of this article (or such longer period as may be agreed with the undertaker in writing) it has not notified the undertaker of its disapproval and the grounds of disapproval, it is deemed to have approved the application or request.

• (3) Schedule 10 is to have effect in relation to all consents, agreements or approvals required from the relevant planning authority in respect of discharge of requirements listed in Schedule 2.

• (4) Where an application is made to or request is made of the relevant planning authority for any consent, agreement or approval required or contemplated by article 13(c) (access to works) or requirement 6 (Highway accesses) of Schedule 2 to the Order, such application or request must at the same time be sent to the highway authority for its reference.

• (5) Where an application is made to or request is made of the relevant planning authority for any consent, agreement or approval required or contemplated by any requirement where a third party is a consultee under that requirement, such application or request must at the same time be sent to that third party for its reference.

Arbitration

40

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

SCHEDULE 1 — AUTHORISED DEVELOPMENT

In the County of Suffolk and the District of Mid Suffolk—

• A nationally significant infrastructure project as defined in sections 14(1)(a) and 15 of the 2008 Act comprising—Work No. 1 – a simple cycle gas fired peaking power generating station on the site of the former Eye airfields in Eye, Mid Suffolk with a gross electrical output of up to 299MWe comprising—Work No. 1A—up to 5 gas turbine generators; andup to 5 exhaust gas emission flue stacks,Work No. 1B—an administration building;a store;a control room/office/workshop;telemetry apparatus; three black start diesel generators where one gas turbine generator is constructed and one black start diesel generator where two, three, four or five gas turbine generators are constructed;a raw/fire water tank and demineralised water storage tank;a natural gas receiving station and gas treatment compound containing—a pipeline inspection gauge (PIG) receiving facility;isolation valves, metering, heating, filtering, compression, pressure regulation equipment;electricity supply kiosk; andcontrol and instrumentation kiosks, external fin fan cooler (where only one gas turbine generator is constructed).Work No. 1C – a switchyard / banking compound containing up to seven transformers, switchgear building and other plant required to manage the transmission of electricity,Work No. 1D—security infrastructure, including cameras, perimeter fencing and a gatehouse;site lighting infrastructure, including perimeter lighting columns;internal roadways, car parking, pedestrian network, cycle parking, hardstanding and water treatment trailers;site drainage, attenuation pond and waste management infrastructure;electricity, water, wastewater and telecommunications and other services;landscaping including tree planting, fencing and other boundary treatments and ecological mitigation;high voltage and low voltage cabling, equipment and controls and associated telemetry and electrical protection auxiliary cabling;underground gas pipeline connection, associated telemetry and cathodic protection test / transformer rectifier unit;other ancillary equipment; andnew means of accesses from Potash Lane including permanent road surface, drainage, gates and fencing,Work No. 2—a maintenance compound including new hardstanding,landscaping including tree planting, fencing and other boundary treatments; andsite drainage,Associated development within the meaning of section 115(2) of the 2008 Act in connection with the nationally significant infrastructure project referred to in Work No. 1 comprising—Work No. 3A—an above ground installation (also referred to as a minimum offtake connection compound) containing—a minimum offtake connection comprising remotely operable valves, control and instrumentation kiosks and electrical supply kiosks;a pipeline inspection gauge (PIG) facility, comprising a PIG launching facility, emergency control valves, isolation valves, control and instrumentation kiosks, and electricity supply kiosks;security infrastructure, including cameras, lighting (including perimeter lighting columns) and perimeter fencing;site drainage and waste management infrastructure;electricity and telecommunications connections and other services;below ground sacrificial anode pit; andlandscaping including tree planting, fencing and other boundary treatments and ecological mitigation,Work No. 3B – new means of access between Potash Lane and numbered work 3A, including signing and road markings works, permanent road surface, gates, fencing, drainage, infilling, landscaping and tree and hedge removal and other incidental works,Work No. 4—a new underground gas pipeline connection and telemetry cabling, approximately 1.7 km in length connecting the natural gas receiving station and gas treatment compound in Work No. 1B to Work No. 3A;pipeline field marker posts and cathodic protection test/ transformer rectifier unit;below ground drainage works;tree and hedge removal; andlandscaping including tree planting, fencing and other boundary treatments and ecological mitigation.Work No. 5—400 kV substation and site office and welfare accommodation;400 kV cable sealing end compound;underground high voltage electrical cables and associated telemetry and electrical protection auxiliary cabling;security infrastructure including perimeter fencing with gates, security cameras and site lighting;landscaping including bunds, tree planting, fencing and other boundary treatments and ecological mitigation;site drainage and waste management infrastructure; andinternal roadways, car parking, pedestrian network and hardstanding for planned maintenance.Work No. 6—an underground 400 kV electrical cable circuit and associated telemetry and electrical protection auxiliary cabling, approximately 1.6 km in length; andjoint bays in relation to Work No. 6a.Work No. 7 – new means of access between Work No. 5 and the A140 including road widening, new turning lane, signing and road markings works, permanent road surface, gates, fencing, drainage, infilling, landscaping and tree and hedge removal and other incidental works,In connection with Works No. 1 to 7, and to the extent that they do not otherwise form part of any such works, further associated development comprising such other works or operations as may be necessary or expedient for the purposes of or in connection with the construction, operation and maintenance of the works in this Schedule whether or not shown on the plans referred to in the Requirements falling within the scope of the works assessed in the environmental statement.

SCHEDULE 2 — REQUIREMENTS

Time limits

1

The authorised development must commence no later than 13th August 2021.

Numbered Works

2

Where these Requirements refer to numbered work 1 or numbered work 3, such reference is to be taken to mean numbered works 1A to 1D (inclusive) and numbered works 3A and 3B respectively.

Detailed Design

3

• (1) The authorised development must be carried out in accordance with the approved plans in Table 1, inclusive of any limits of deviation, bearing the references listed below and any other plans, drawings, documents, details, schemes, statements or strategies which are approved by the relevant planning authority pursuant to any Requirement (as the same may be amended by approval of the relevant planning authority pursuant to Requirement 22(1)).

• (2) In this paragraph “AOD” means above ordnance datum;

Works Plans
Rights of Way, Streets and Access Plan

• (3) The authorised development must be carried out in accordance with the parameters specified in Table 2 below (as the same may be amended by approval of the relevant planning authority pursuant to Requirement 22(1)).

Building or structure	Maximum height (metres above existing site level of approx-imately 48.5 metres AOD)	Minimum height (metres above existing site level of approx-imately 48.5 metres AOD)	Maximum length (metres)	Minimum length (metres)	Maximum width (metres)	Minimum width (metres)
Each gas turbine generator (where one gas turbine generator is constructed) (part of numbered work 1A)	19.0	–	50.0	–	40.0	–
Each gas turbine generator (where two gas turbine generators are constructed) (part of numbered work 1A)	19.0	–	30.0	–	30.0	–
Each gas turbine generator (where three, four or five gas turbine generators are constructed) (part of numbered work 1A)	10.0	–	36.0	–	23.0	–
Each exhaust gas emission flue stack (where one gas turbine generator is constructed) (part of numbered work 1A)	30.0	25.0	–	–	11.0 (up to and including a height of 16.5 metres above 48.5 metres AOD) and 10.0 (from a height exceeding 16.5 metres above 48.5 metres AOD to a height of 30.0 metres above 48.5 metres AOD)	–
Each exhaust gas emission flue stack (where two gas turbine generators are constructed) (part of numbered work 1A)	30.0	25.0	–	–	8.4	–
Each exhaust gas emission flue stack (where three, four or five gas turbine generators are constructed) (part of numbered work 1A)	30.0	25.0	–	–	6.0	–
Control room/office/ workshop (part of numbered work 1B)	6.0	–	29.0	–	23.0	–
Each black start diesel generator (part of numbered work 1B)	5.0	–	17.0	–	5.0	–
Raw/fire water tank (part of numbered work 1B)	11.0	–	11.0	–	11.0	–
Demineralised water tank (part of numbered work 1B)	2.0	–	2.0	–	2.0	–
Natural gas receiving station (part of numbered work 1B)	5.0	–	50.0	–	36.0	–
Gas treatment compound (part of numbered work 1B)	5.0	–	29.0	–	16.0	–
External fin fan cooler (where only one gas turbine generator is constructed) (part of numbered work 1B)	6.0	-	13.0	-	10.0	-
Switchyard /banking compound (part of numbered work 1C)	11.3	–	60.0	–	60.0	–
Switchgear building (part of numbered work 1C)	11.3	–	21.0	–	15.0	–
Gatehouse (part of numbered work 1D)	4.5	–	9.0	–	8.0	–
Above ground installation (part of numbered work 3A)	3.0	–	72.0	–	52.0	–
Pipeline inspection gauge facility (part of numbered work 3A)	2.0	–	36.0	–	27.0	–
Minimum offtake connection (part of numbered work 3A)	2.0	–	36.0	–	25.0	–
Sealing end compound (part of numbered work 5)	12.5	–	22.0	–	45.0	–
Substation:
(gas insulated substation) – (maximum compound size) (part of numbered work 5)	12.5	–	80.0	–	100.0	–
(gas insulated substation) –(indoor switchgear hall) (part of numbered work 5)	12.5	–	21.0	–	62.0	–

• (4) To the extent that design principles for any numbered work are set out in the design principles statement, that numbered work must be designed in accordance with the relevant design principle set out therein.

• (5) Except to the extent approved pursuant to Requirement 6, numbered works 1, 2, 3 and 5 shall not commence until, for that numbered work, details of the layout, scale and external appearance of the numbered work have been submitted to and approved by the relevant planning authority.

• (6) In respect of numbered work 6a, the undertaker must utilise horizontal directional drilling as the installation method where the numbered work crosses the A140.

• (7) No part of numbered work 6a must commence until a method statement detailing measures to protect the integrity of the A140 from horizontal directional drilling or activities associated therewith has been submitted to and approved by the highway authority. The method statement must be implemented as approved.

Provision of landscaping

4

No part of the authorised development shall commence until a written landscaping plan for each numbered work has been submitted to and approved by the relevant planning authority. The landscaping plan must include details of all proposed hard and soft landscaping works and be substantially in accordance with the landscaping mitigation proposals set out in the outline landscaping plans and the landscape mitigation strategy, and include details of—

• (a) location, number, species, size and planting density of any proposed planting including details of any proposed tree planting and the proposed times of such planting, and details of protection measures including guards, stakes and deer fencing;

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

• (c) bunds and proposed finished ground levels;

• (d) hard surfacing materials;

• (e) vehicular and pedestrian access, parking and circulation areas;

• (f) minor structures, such as furniture, refuse or other storage units, signs and lighting;

• (g) measures for the management of the ecological resources that will remain within the Order land on completion of the authorised development;

• (h) implementation timetables for all landscaping works; and

• (i) a scheme of landscape maintenance for the life of the authorised development (to include an aftercare protocol providing for joint annual inspections by the relevant planning authority and the undertaker for a period of ten years from the implementation dates as agreed pursuant to Requirement 5(2)).

Implementation and maintenance of landscaping

5

• (1) All landscaping works must be carried out in accordance with the landscaping plan approved under Requirement 4 in accordance with the relevant recommendations of appropriate British Standards or other recognised codes of good practice.

• (2) The landscaping works must be implemented in accordance with implementation timetables approved in the landscaping plan under regulation 4.

• (3) Any tree or shrub planted as part of an approved landscaping scheme that, within a period of five years (save in relation to numbered works 1 and 5 which is to be seven years) after planting, is removed, dies or becomes, in the opinion of the relevant planning authority, seriously damaged or diseased, must be replaced in the first available planting season with a specimen of the same species and size as that originally planted, unless otherwise approved by the relevant planning authority.

Highway accesses

6

• (1) No authorised development comprised in numbered works 1, 3 and 7 shall commence until for that numbered work, written details of the siting, design and layout (to the extent either not provided as part of or differing from, the details contained in Schedule 1, the works plans or the rights of way, streets and access plan) of any new permanent or temporary means of access to a highway to be used by vehicular traffic (including those identified in Schedule 3), or any alteration to an existing means of access to a highway used by vehicular traffic has been submitted to and approved by the relevant planning authority (in consultation with the highway authority).

• (2) The highway accesses must be constructed in accordance with the approved details and in accordance with the drawing at Appendix A and Appendix B to the outline construction traffic management plan.

• (3) Prior to the date of final commissioning, a reinstatement plan for those elements of numbered work 7 which enable connectivity between Old Norwich Road and the A140 must be submitted to and approved by the relevant planning authority, in consultation with the highway authority. The reinstatement plan must include—

• (a) measures to reinstate the A140 carriageway to its pre-construction condition; and

• (b) a landscaping plan showing how the land outside the A140 carriageway will be reinstated.

• (4) The reinstatement plan must be implemented as approved.

Fencing and other means of enclosure

7

• (1) No authorised development comprised in numbered works 1, 3 and 5 shall be commenced until written details of all proposed permanent and temporary fences, walls or other means of enclosure for that numbered work have been submitted to and approved by the relevant planning authority.

• (2) Any construction sites must remain securely fenced at all times during construction of the authorised development.

• (3) Any temporary fencing must be removed within three months of the completion of the authorised development.

• (4) The details approved pursuant to this requirement must be implemented.

Surface and foul water drainage

8

• (1) No authorised development comprised in numbered works 1, 2, 3, 5 and 7 shall be commenced until, for each numbered work, written details of the surface and foul water drainage strategy (including means of pollution control and measures designed to control surface water during construction) for construction and operational phases of the project have been submitted to and approved by the relevant planning authority, in consultation with the Environment Agency, such strategy to be in accordance with the principles set out in Section 5 of the flood risk assessment.

• (2) The surface and foul water drainage system must be constructed in accordance with the approved details before the operational phase of that part of the authorised development commences.

Archaeology

9

• (1) No part of the authorised development shall be commenced until for each numbered work a written scheme of archaeological investigation covering that numbered work has been submitted to and approved in writing by the relevant planning authority, in consultation with Suffolk County Council. The written scheme of archaeological investigation must be in accordance with the stage 2 written scheme of archaeological investigation.

• (2) Following completion of the investigations set out in the approved written scheme of archaeological investigation and prior to the commencement of each of numbered works 1 to 7, a written scheme regarding archaeological mitigation measures for that numbered work must be submitted to and approved in writing by the relevant planning authority, in consultation with Suffolk County Council and must include the following—

• (a) an archaeological and historical background;

• (b) the rationale, programme and methodology of site investigation and recording;

• (c) the programme for post-investigation interpretation;

• (d) provision to be made for publication and dissemination of the results of the site investigation, including for public benefit and understanding, should the nature of the archaeology warrant it;

• (e) provision to be made for the deposition of the finds assemblage and the site archive;

• (f) provision to be made for a programme of excavation fieldwork and post-excavation assessment should significant archaeological remains be encountered, and where warranted post-excavation analysis; and

• (g) nomination of a competent person or persons/organisation with appropriate local / regional expertise to undertake the works set out within the written scheme of investigation.

• (3) Any archaeological works must be carried out in accordance with the schemes approved pursuant to sub-paragraphs (1) and (2).

• (4) Any site investigation and post-investigation interpretation must be completed for the relevant numbered works in accordance with the programme set out in the schemes approved pursuant to sub-paragraphs (1) and (2).

Ecological management plan

10

• (1) No part of the authorised development is to commence until, for that numbered work, a written ecological management plan substantially reflecting the ecological mitigation and enhancement measures and surveys set out in the ecological management strategy has been submitted to and approved by the relevant planning authority, in consultation with Natural England.

• (2) The ecological management plan must include an implementation timetable and must be carried out as approved.

Construction Environment Management Plan

11

• (1) No part of the authorised development shall be commenced until a construction environment management plan covering that numbered work has been submitted to and approved by the relevant planning authority, in consultation with the Environment Agency. The final construction environment management plan must be in accordance with the outline construction environment management plan and must include the following—

• (a) complaints procedures;

• (b) provision for setting up a Community Liaison Group;

• (c) nuisance management including measures to avoid or minimise the impacts of construction works (covering dust, noise and vibration);

• (d) waste management;

• (e) an assessment of the site specific risks to and mitigation measures designed to protect controlled waters (surface and groundwaters) including pollution incident control;

• (f) landscape and visual impact mitigation (specifically the protection of trees and hedgerows to be retained in accordance with BS 5837: 2012 (or its updates) and a scheme to minimise visual intrusion of the construction works);

• (g) security measures;

• (h) protocol in relation to unexploded ordnance;

• (i) save in respect of numbered work 1, a protocol in the event that unexpected contaminated land is identified during ground investigation or construction;

• (j) restoration of site following completion of construction;

• (k) the requirement for completion of a soil resources survey, details of methods for soil handling, storage and replacement during construction and details of the aftercare programme; and

• (l) a scheme of artificial lighting.

• (2) All construction works must be undertaken in accordance with the approved construction environment management plan.

Land contamination

12

• (1) No part of authorised development comprised in numbered work 1 may commence until a written scheme (which may be included in the construction environment management plan) to deal with the contamination of any land, including groundwater, within the Order limits which is likely to cause significant harm to persons or significant pollution of controlled waters or ground waters or the environment has been submitted to and approved by the relevant planning authority in consultation with the Environment Agency.

• (2) The scheme must include an investigation and assessment report, prepared by a specialist consultant approved by the relevant planning authority, to identify the extent of any contamination and a remediation strategy identifying the remedial measures to be taken, if required, to render the land fit for its intended purpose, together with a management plan (as necessary) which sets out long-term measures with respect to any contaminants remaining on the site and a verification plan outlining how achieving the remedial objectives will be demonstrated.

• (3) Remediation, if required, must be carried out in accordance with the scheme approved under sub-paragraph (1).

• (4) A verification report demonstrating completion of any remediation works and the effectiveness of the remediation must be submitted to and approved, in writing, by the local planning authority in consultation with the Environment Agency.

Construction traffic

13

• (1) No part of the authorised development may commence until a construction traffic management plan has been submitted to and approved by the relevant planning authority in consultation with the highway authority. The construction traffic management plan must be in accordance with the outline construction traffic management plan and must include the following—

• (a) construction vehicle routing plans;

• (b) details of a vehicle tracking system;

• (c) evidence of appropriate trial runs that demonstrate the suitability of the route from point of entry onto the trunk road network to the site for the proposed types of abnormal indivisible loads;

• (d) site access plans;

• (e) proposals for the management of junctions to and crossings of highways and other public rights of way;

• (f) proposals for the scheduling and timing of movements of delivery vehicles including details of abnormal indivisible loads;

• (g) details of escorts for abnormal indivisible loads;

• (h) proposals for temporary warning signs and banksman and escort details;

• (i) proposals for assessing the existing condition of affected highways;

• (j) details of any temporary or permanent improvements to highways;

• (k) proposals for the making good of any incidental damage to highways by construction traffic associated with the authorised development including street furniture, structures, drainage features, highway verge and carriageway surfaces; and

• (l) proposals for traffic management controls (such as temporary signals), diversion routes and signage required during any of the activities, operations or works associated with the creation or upgrading of any permanent or temporary means of access pursuant to this Order.

• (2) The construction traffic management plan must be implemented as approved.

• (3) During the operation or decommissioning of the generating station comprised in numbered work 1 no abnormal indivisible loads may be transported into or out of the site without the prior written approval of the relevant planning authority in consultation the highway authority.

Construction Travel Plan

14

• (1) No part of the authorised development may commence until a construction worker travel plan has been submitted to and approved by the relevant planning authority in consultation with the highway authority. The construction worker travel plan must be in accordance with the travel plan (other than the measures which relate to the operational phase).

• (2) The construction worker travel plan must be carried out as approved.

Travel plan during operational phase

15

• (1) Prior to the date of final commissioning a written operational travel plan must be submitted to and approved by the relevant planning authority. The operational travel plan must be in accordance with the outline measures to propose sustainable transport during the operational phase set out in the travel plan (other than the measures which relate to the construction phase).

• (2) The operational travel plan must be carried out as approved.

Construction hours

16

• (1) Subject to sub-paragraph (2) no construction work, or the delivery or removal of materials, may take place on any Sunday or public holiday and no construction work, or the delivery or removal of materials, may take place outside the hours of—

• (a) 0700 and 1900 hours on weekdays; and

• (b) 0700 and 1300 hours on Saturdays.

• (2) Sub-paragraph (1) does not prevent construction works, or the delivery or removal of materials, being carried out on public holidays or outside the hours set out in sub-paragraph (1) with the prior written approval of the relevant planning authority.

• (3) Nothing in sub-paragraph (1) precludes a start-up period from 0630 to 0700 and a shut down period from 1900 to 1930 on weekdays (excluding public holidays) and start-up period from 0630 to 0700 and a shut down period from 1300 to 1330 on a Saturday.

Control of noise during operational phase

17

• (1) Following the date of final commissioning of numbered work 1, site-attributable noise attributable to numbered work 1 during the operational phase must be limited to the noise levels set out below measured at the coordinates set out below—

Noise Limit Sound Pressure Level, LAeq, 5mins dB	Coordinates	Coordinates	Coordinates
Noise Limit Sound Pressure Level, LAeq, 5mins dB	X	Y	Y
57	613272.4	613272.4	275205.6
55	613214.4	613214.4	275014.8
52	613131.2	613131.2	275156.8

• (2) Noise measurements at each of the identified locations must be undertaken in accordance with the equipment specifications, measurement procedures and monitoring equipment positioning guidelines outlined in sections 4, 5 and 6 (save for 6.3.5 and 6.3.6 which are not applicable) of BS 4142:1997. Measurements should be undertaken with the power plant running at base load. A single LAeq 5min measurement will be required at each identified location during the day, evening and night time periods identified as follows: daytime (0700hrs to 1900hrs), evening (1900hrs to 2300hrs) and night time (2300hrs to 0700hrs).

• (3) Within three months of the date of final commissioning of numbered work 1, the undertaker must submit measurements to the relevant planning authority taken in the vicinity of the relevant locations specified at sub-paragraph (1) of this requirement, including details of any remedial works and a programme of implementation should the emissions exceed the levels specified at sub-paragraph (1) of this requirement.

Control of artificial light emissions during operational phase

18

• (1) Each of numbered works 1, 3 and 5 must not commence until, after consultation with the relevant planning authority, a written scheme for the management and mitigation of artificial light emissions for that numbered work which is in accordance with the outline lighting strategy has been submitted to and approved by the relevant planning authority.

• (2) The approved scheme for the management and mitigation of artificial light emissions must be implemented before and maintained during the operation of the relevant numbered work.

European protected species

19

• (1) No part of the authorised development shall commence until further supplemental survey work identified in the ecological management strategy and ecological management plan for European protected species has been carried out covering that numbered work to establish whether European protected species are present.

• (2) Where a European protected species is shown to be present, no authorised development of that numbered work may be begun until, after consultation with Natural England, a scheme of protection and mitigation measures has been submitted to and approved by the relevant planning authority and the authorised development must be carried out in accordance with the approved scheme.

• (3) “European protected species” has the same meaning as in regulations 42 and 46 of the Conservation of Habitats and Species Regulations 2017.

Operation of the authorised development

20

• (1) In any calendar year the operation of the gas turbine generators comprised in numbered work 1A shall not exceed 1500 hours in total.

• (2) Within three months of the end of a calendar year, the undertaker must submit a written report to the relevant planning authority detailing the actual total number of hours of operation of the gas turbine generators comprised in numbered work 1A.

• (3) For the purposes of this requirement, “operation of the gas turbine generators” means the duration in which any energy is exported at the settlement metering point, being the point at which a supply to the transmission system from the authorised development is measured.

Decommissioning strategy

21

• (1) Subject to obtaining the necessary consents, unless otherwise agreed with the relevant planning authority, within twenty four months of the site ceasing to be used for the purposes of electricity generation (either actively generating electricity or being available to generate electricity on a standby basis), a scheme for the demolition and removal of numbered works 1, 2, 3, 5 and any other un-numbered works carried out as necessary or expedient for the purposes of those numbered works must be submitted to the relevant planning authority.

• (2) The demolition and removal of works must be implemented in accordance with the approved scheme.

• (3) On the one year anniversary of the site ceasing to be used for the purposes of electricity generation (either actively generating electricity or being available to generate electricity on a standby basis) the undertaker must notify the relevant planning authority of the same.

Amendments to approved details

22

• (1) With respect to the approved plans specified in Requirement 3(1), the parameters specified in Requirement 3(3) and any other plans, details or schemes which require approval by the relevant planning authority pursuant to any other Requirement (the “Approved Plans, Parameters, Details or Schemes”), the undertaker may submit to the relevant planning authority for approval any amendments to the Approved Plans, Parameters, Details or Schemes and following any such approval by the relevant planning authority the Approved Plans, Parameters, Details or Schemes are to be taken to include the amendments approved pursuant to this sub-paragraph.

• (2) Approval under sub-paragraph (1) for amendments to the parameters identified in Requirement 3(3) above must not be given except where it has been demonstrated to the satisfaction of the relevant planning authority that the subject-matter of the approval sought does not give rise to any materially new or materially different environmental effects in comparison with the authorised development as approved (as identified in the environmental statement).

Date of final commissioning and cessation

23

• (1) The undertaker must notify the relevant planning authority of the date of final commissioning as soon as reasonably practicable and in any event within three months after the occurrence of that date.

• (2) The undertaker must notify the relevant planning authority of the date the authorised development permanently ceases to generate power on a commercial basis as soon as reasonably practicable and in any event within three months after the occurrence of that date.

SCHEDULE 3 — STREETS SUBJECT TO PERMANENT AND TEMPORARY ALTERATION OF LAYOUT

PART 1 — PERMANENT ALTERATION OF LAYOUT

(1)	(2)	(3)
Area	Street subject to alteration of layout	Description of alteration
In the District of Mid Suffolk	Potash Lane	The lowering of the levels of the kerb between the points marked A and B on the rights of way, streets and access plan to provide permanent access to numbered work 3A.
In the District of Mid Suffolk	Old Norwich Road	Creation of new access comprising part of numbered work 7 including the lowering of the levels of the kerb between the points marked M and N on the rights of way, streets and access plan to provide permanent access to numbered work 5.
In the District of Mid Suffolk	Access Road Serving Yaxley Lake	Upgrading of the existing access comprising part of numbered work 7 between the points marked O1 and P on the rights of way, streets and access plan to provide permanent access to numbered work 5.
In the District of Mid Suffolk	Leys Lane	Works to facilitate the creation of a new access comprising part of numbered work 7 between the points marked Q and R on the rights of way, streets and access plan to provide permanent access to numbered work 5.

PART 2 — TEMPORARY ALTERATION OF LAYOUT

(1)	(2)	(3)
Area	Street subject to alteration of layout	Description of alteration
In the District of Mid Suffolk	Potash Lane	The lowering of the levels of the kerb between the points marked B and C on the rights of way, streets and access plan to provide temporary access to numbered work 3 during construction.
In the District of Mid Suffolk	A140	Creation of new access comprising part of numbered work 7 including the lowering of the levels of the kerb between the points marked K and L on the rights of way, streets and access plan to provide temporary access to numbered work 5 during construction.

SCHEDULE 4 — STREETS SUBJECT TO STREET WORKS

(1)	(2)	(3)
Area	Street subject to street works	Description of the street works
In the District of Mid Suffolk	Potash Lane	Works for numbered work 3B including installation of drainage between the points marked A and B on the rights of way, streets and access plan.
In the District of Mid Suffolk	Part of disused runway complex	Works for numbered work 4 to be installed within that part of the disused runway complex between the points marked D and E on the rights of way, streets and access plan.
In the District of Mid Suffolk	Part of disused runway complex	Works for numbered works 4 and/or 6 to be installed within that part of the disused runway complex between the points marked H and I on the rights of way, streets and access plan.
In the District of Mid Suffolk	A140	Works for the provision of a new temporary access during construction comprising part of numbered work 7 between the points marked K and L on the rights of way, streets and access plan.
In the District of Mid Suffolk	Old Norwich Road	Works for the provision of a new permanent access comprising part of numbered work 7 between the points marked M and N on the rights of way, streets and access plan.
In the District of Mid Suffolk	Access Road Serving Yaxley Lake	Works for the provision of a new permanent access comprising part of numbered work 7 between the points marked O1 and P on the rights of way, streets and access plan.
In the District of Mid Suffolk	Leys Lane	Works for numbered work 6 to be installed in the street between the points marked Q and R on the rights of way, streets and access plan.
In the District of Mid Suffolk	Potash Lane	Works for numbered works 4 and 6 to be installed in the street between the points marked T and U on the rights of way, streets and access plan.
In the District of Mid Suffolk	Footpaths numbered W-583/009/0 and W 239/015/0	Works for numbered works 4 and 6 to be installed in the street between the points marked V and W on the rights of way, streets and access plan.

SCHEDULE 5 — TEMPORARY PROHIBITION OR RESTRICTION OF THE USE OF STREETS

(1)	(2)	(3)
Area	Street subject to temporary prohibition or restriction of use	Extent of temporary prohibition or restriction of use of streets
In the District of Mid Suffolk	Potash Lane	Prohibition/Restriction: From the points marked A to B on the rights of way, streets and access plan, being approximately 30 metres. Purpose of the Prohibition/Restriction: Temporary closure of part of the street to cover numbered work 3B providing access to 3A.
In the District of Mid Suffolk	Potash Lane	Prohibition/Restriction: From the points marked B to C on the rights of way, streets and access plan, being approximately 56 metres. Purpose of the Prohibition/Restriction: Temporary closure of part of the street to provide a temporary access to numbered work 3.
In the District of Mid Suffolk	Part of disused runway complex	Prohibition/Restriction: From the points marked D to F on the rights of way, streets and access plan being approximately 51 metres. Purpose of the Prohibition/Restriction: Temporary closure of part of the street to cover numbered work 4 crossing and being installed.
In the District of Mid Suffolk	Potash Lane	Prohibition/Restriction: From the points marked G to J1 on the rights of way, streets and access plan being approximately 96 metres. Purpose of the Prohibition/Restriction: Temporary closure of part of the street to cover numbered works 4 and 6 crossing and being installed.
In the District of Mid Suffolk	Part of disused runway complex	Prohibition/Restriction: From the points marked J1 to J2 on the rights of way, streets and access plan being approximately metres. Purpose of the Prohibition/Restriction: Temporary closure of part of the street to cover numbered works 4 and 6 crossing and being installed.
In the District of Mid Suffolk	A140	Prohibition/Restriction: From the points marked K to L on the rights of way, streets and access plan being approximately 598 metres. Purpose of the Prohibition/Restriction: Temporary closure of part of the street to cover part of numbered work 7 providing access to numbered work 5.
In the District of Mid Suffolk	A140	Prohibition/Restriction: From the points marked K to L on the rights of way, streets and access plan being approximately 598 metres. Purpose of the Prohibition/Restriction: Temporary closure of part of the street to cover the reinstatement of part of numbered work 7 providing access to numbered work 5.
In the District of Mid Suffolk	Old Norwich Road	Prohibition/Restriction: From the points marked M to N on the rights of way, streets and access plan being approximately 143 metres. Purpose of the Prohibition/Restriction: Temporary closure of part of the street to cover part of numbered work 7 providing access to numbered work 5.
In the District of Mid Suffolk	Access Road Serving Yaxley Lake	Prohibition/Restriction: From the points marked O1 to P on the rights of way, streets and access plan being approximately 190 metres. Purpose of the Prohibition/Restriction: Temporary closure of part of the street to cover part of numbered work 7 providing access to numbered work 5.
In the District of Mid Suffolk	Leys Lane	Prohibition/Restriction: From the points marked Q to R on the rights of way, streets and access plan being approximately 20 metres. Purpose of the Prohibition/Restriction: Temporary closure of part of the street to cover numbered work 6 being installed in the street.
In the District of Mid Suffolk	Potash Lane	Prohibition/Restriction: From the points marked S to T on the rights of way, streets and access plan being approximately 23 metres. Purpose of the Prohibition/Restriction: Temporary closure of part of the street for temporary works associated with numbered works 4 and 6 being installed in the street.
In the District of Mid Suffolk	Potash Lane	Prohibition/Restriction: From the points marked T to U on the rights of way, streets and access plan being approximately 227 metres. Purpose of the Prohibition/Restriction: Temporary closure of part of the street to cover numbered works 4 and 6 being installed in the street.
In the District of Mid Suffolk	Footpaths numbered W-583/009/0 and W 239/015/0	Prohibition/Restriction: From the points marked V to W on the rights of way, streets and access plan being approximately 77 metres. Purpose of the Prohibition/Restriction: Partially restrict the footpath to cover numbered works 4 and 6 being installed in the street and to facilitate the creation of numbered work 2.
In the District of Mid Suffolk	Castleton Way	Prohibition/Restriction: At a distance of no greater than 30 metres along Castleton Way and no more than 15 metres along Potash Lane at the Castleton Way/Potash Lane junction. Purpose of the Prohibition/Restriction: To manage articulated vehicles, with the use of 4 banksmen, during construction from accessing and exiting Potash Lane.

SCHEDULE 6 — ACCESS

PART 1 — THOSE PARTS OF THE ACCESSES TO BE MAINTAINED AT THE PUBLIC EXPENSE

(1)	(2)	(3)
Location	Street	Description of relevant part of access
In the District of Mid Suffolk	A140	The new access constituting part of numbered work 7 and shown on the rights of way, streets and access plan hatched blue between points K and L.
In the District of Mid Suffolk	A140	The reinstated access pursuant to requirement 6(3) and shown on the rights of way, streets and access plan hatched blue between points K and L.
In the District of Mid Suffolk	Old Norwich Road	The new access constituting part of numbered work 7 and shown on the rights of way, streets and access plan hatched blue between points M and N.

PART 2 — THOSE PARTS OF THE ACCESSES TO BE MAINTAINED BY THE STREET AUTHORITY

(1)	(2)	(3)
Location	Street	Description of access
In the District of Mid Suffolk	Potash Lane	The new access constituting numbered work 3B and shown on the rights of way, streets and access plan hatched red between points A and B.
In the District of Mid Suffolk	A140	The new access constituting part of numbered work 7 and shown on the rights of way, streets and access plan hatched red between points K and L.
In the District of Mid Suffolk	Old Norwich Road	The new access constituting part of numbered work 7 and shown on the rights of way, streets and access plan hatched red between points M and N.
In the District of Mid Suffolk	Access Road Serving Yaxley Lake	The new access constituting part of numbered work 7 and shown on the rights of way, streets and access plan hatched red between points O1 and P.
In the District of Mid Suffolk	Means of access	The new access constituting part of numbered work 7 and shown on the rights of way, streets and access plan hatched red between points P and O2.

PART 3 — THOSE WORKS TO RESTORE TEMPORARY ACCESSES WHICH WILL BE MAINTAINED BY THE STREET AUTHORITY

(1)	(2)	(3)
Location	Street	Description of relevant part of access
In the District of Mid Suffolk	Potash Lane	Those areas between the points marked B and C on the rights of way, streets and access plan hatched red.

SCHEDULE 7 — 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 prejudice to the generality of paragraph 1, the Land Compensation Act 1973²³ has effect subject to the modifications set out in sub-paragraph (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 the words “land is acquired or taken” there are substituted the words “a right or restrictive covenant over land is purchased from or imposed on”; and

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

• (3) In section 58(1) (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—

• (a) for the word “part” in paragraphs (a) and (b) there are substituted the words “a right over or restrictive covenant affecting land consisting”;

• (b) for the word “severance” there are substituted the words “right or restrictive covenant over or affecting the whole of the park or garden”;

• (c) for the words “part proposed” there are substituted the words “right or restrictive covenant proposed”; and

• (d) for the words “part is” there are substituted the words “right or restrictive covenant is”.

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, or to the imposition under this Order of a restrictive covenant, 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 prejudice to the generality 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) there is substituted the following section—

(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 or the restrictive covenant is to be imposed is depreciated by the acquisition of the right or the imposition of the covenant 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) there is substituted the following section—

(8) (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 or the imposition of the restrictive covenant 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 or the restrictive covenant imposed without material detriment to that land; or (ii) where the land consists of such a park or garden, that the right cannot be purchased or the restrictive covenant imposed without seriously affecting the amenity or convenience of the house to which that land belongs, the Progress Power (Gas Fired Power Station) Order 2015 (“the Order”) ceases, in relation to that person, to authorise the purchase of the right and be 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 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. (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 must 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);

• (c) paragraph 2(3) of Schedule 2 (absent and untraced owners); and

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

are so modified 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 or the restrictive covenant which is to be imposed is vested absolutely in the acquiring authority.

7

Section 11 of the 1965 Act (powers of entry) is modified 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 or enforcing that restrictive covenant (which is deemed for this purpose to have been created on that date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on warrant in the event of obstruction) of the 1965 Act are modified correspondingly.

8

Section 20 of the 1965 Act (protection for interests of tenants at will, etc.) 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 or the enforcement of the restrictive covenant in question.

9

Section 22 of the 1965 Act (protection of acquiring authority’s possession where by inadvertence an estate, right or interest has not been got in) is modified 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 8 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

(1)	(2)	(3)	(4)
Location	Number of land shown on land plans	Purpose for which temporary possession may be taken	Relevant part of the authorised development
Part of public footpath numbered W-583/009/0 situated to the east of Oaksmere Business Park, Eye	1a_GR	Temporary use to facilitate construction for the numbered work 4	Part of numbered work 4
Land forming part of the disused runway complex at Eye Airfield situated to the east of Oaksmere Business Park, Eye	2a_GR	Temporary use to facilitate construction for the numbered work 4	Part of numbered work 4
Land forming part of the disused runway complex at Eye Airfield situated to the south east of Oaksmere Business Park, Eye	2b_GR	Temporary use (including the passing and re-passing of vehicles) to facilitate construction for the numbered work 4	Part of numbered work 4
Land forming part of the private access road known as Potash Lane situated to the south east of Oaksmere Business Park, Eye	3a_GR	Temporary use to facilitate construction for the numbered work 4	Part of numbered work 4
Part of agricultural land, part of wooded area and part of an access track forming part of White House Farm situated to the south of Oaksmere Business Park, east of the A140 and north of Castleton Way, Eye	4a_GR	Temporary use to facilitate construction for the numbered work 4	Part of numbered work 4
Land forming part of the private access road known as Potash Lane leading from Castleton Way to the disused runway complex at Eye Airfield, Eye	6a_GR	Temporary use to facilitate construction for the numbered works 3B and 4	Part of numbered work 4
Part of agricultural land forming part of White House Farm situated north of Castleton Way and to the east of the access road leading from Castleton Way to the disused runway complex at Eye Airfield, Eye	7a_GR	Temporary use to facilitate construction for the numbered works 3A and 4	Part of numbered works 3A and 4
Part of public footpath numbered W-583/009/0 situated to the east of Oaksmere Business Park and to the south west of the National Grid Gas compound, Eye	1a_ER	Temporary use to facilitate construction for the numbered work 6	Part of numbered work 6
Land forming part of the disused runway complex at Eye Airfield situated to the east of Oaksmere Business Park and to the south west of the National Grid Gas compound, Eye	2a_ER	Temporary use to facilitate construction for the numbered work 6	Part of numbered work 6
Land forming part of the disused runway complex at Eye Airfield situated to the south east of Oaksmere Business Park and to the south west of the National Grid Gas compound, Eye	2b_ER	Temporary use (including the passing and re-passing of vehicles) to facilitate construction for the numbered work 6	Part of numbered work 6
Land forming part of the private access road known as Potash Lane situated to the south east of Oaksmere Business Park, Eye	3a_ER	Temporary use to facilitate construction for the numbered work 6	Part of numbered work 6
Part of agricultural land and access track situated to the south of Oaksmere Business Park and White House Farm buildings, Eye	4a_ER	Temporary use to facilitate construction for the numbered work 6	Part of numbered work 6
Part of agricultural land, part of access track and hard standing to White House Farm buildings situated to the south and west of Oaksmere Business Park and White House Farm buildings, Eye	4b_ER	Temporary use to facilitate construction for the numbered work 6	Part of numbered work 6
Part of agricultural land situated to the east of the A140 and south west of White House Farm buildings, Eye	4c_ER	Temporary use to facilitate construction for the numbered work 6	Part of numbered work 6
Part of agricultural land forming part of Red House Farm situated to the west of Old Norwich Road and south and south west of Yaxley Lake, Eye	9a_ER	Temporary use to facilitate construction for the numbered work 6	Part of numbered work 6
Part of agricultural land forming part of Red House Farm situated to the west of Old Norwich Road and south and south west of Yaxley Lake, Eye	9b_ER	Temporary use to facilitate construction for the numbered work 6	Part of numbered work 6
Part of agricultural land forming part of Vine Farm situated to the north of Vine Farm and west of Leys Lane, Eye	13a_ER	Temporary use to facilitate construction for numbered works 5, 6 and 7	Part of numbered works 5, 6 and 7
Part of agricultural land forming part of Red House Farm situated to the south of the access road from Old Norwich Road to Yaxley Lake, Eye	3_JW	Temporary use to facilitate construction for the numbered work 7	Part of numbered work 7

SCHEDULE 9 — PROTECTIVE PROVISIONS

PART 1 — FOR THE PROTECTION OF NATIONAL GRID

Application

1

For the protection of National Grid as referred to in this Part of this Schedule the following provisions shall, unless otherwise agreed in writing between the undertaker and National Grid, have effect.

Interpretation

2

In this Part of this Schedule—

• “alternative apparatus” means appropriate alternative apparatus to the satisfaction of National Grid to enable National Grid to fulfil its statutory functions in a manner no less efficient than previously;

• “apparatus” means—electric lines or electrical plant as defined in the Electricity Act 1989²⁴, belonging to or maintained by National Grid;mains, pipes or other apparatus belonging to or maintained by National Grid for the purposes of gas supply;

• “authorised development” has the same meaning as in article 2 (interpretation) of this Order and (unless otherwise specified) for the purposes of this Schedule shall include the use and maintenance of the authorised development;

• “commence” has the same meaning as under section 56 of the 1990 Act and means the earliest date on which any material operation comprised in the authorised development begins to be carried out and commencement shall be construed to have the same meaning;

• “functions” includes powers and duties;

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

• “National Grid” means either—National Grid Electricity Transmission PLC (Company No. 2366977) whose registered office is at 1-3 Strand, London, WC2N 5EH; orNational Grid Gas PLC (Company No. 200600) whose registered office is at 1-3 Strand, London, WC2N 5EH,as the context shall require;

• “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 and assess the works to be executed.

3

Except for paragraphs 4 (apparatus in streets subject to temporary prohibition or restriction), 8, 9 (retained apparatus: protection), 10 (expenses) and 11 (indemnity) this Schedule does not apply to apparatus in respect of which the relations between the undertaker and National Grid are regulated by the provisions of Part 3 of the 1991 Act.

Apparatus of National Grid in streets subject to temporary prohibition or restriction

4

Notwithstanding the temporary prohibition or restriction under the powers of article 12 (temporary prohibition or restriction of use of streets), National Grid shall be at liberty at all times to take all necessary access across any such street and/or to execute and do all such works and things in, upon or under any such street as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the prohibition or restriction was in that street.

Acquisition of land

5

• (1) Regardless of any provision in this Order or anything shown on the land plans or contained in the book of reference to the Order the undertaker must not acquire any land interest or apparatus or override any easement or other interest of National Grid otherwise than by agreement (such agreement not to be unreasonably withheld).

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

Removal of apparatus

6

• (1) If, in the exercise of the agreement reached in accordance with sub-paragraph (5) or in any other authorised manner, the undertaker acquires any interest in any land in which any apparatus is placed, that apparatus must not be removed under this Part of this Schedule and any right of National Grid 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 National Grid in accordance with sub-paragraphs (2) to (5) inclusive.