The National Grid (Hinkley Point C Connection Project) Order 2016

SCHEDULE 9 — DEEMED MARINE LICENCE

PART 1 — INTRODUCTORY

Interpretation

1

• (1) In this licence—

• “the 2008 Act” means the Planning Act 2008[^f00027];

• “the 2009 Act” means the Marine and Coastal Access Act 2009[^f00028];

• “authorised development” has the meaning given in paragraph 4;

• “Environmental Statement” means the environmental statement (May 2014 – Documents 5.1 to 5.7.3.13, 5.8.1 to 5.19, 5.22.1, 5.22.2.1 to 5.22.3, 5.23.1 to 5.23.4, and 5.24), the environmental statement advertisement for consultation on increased pylon height within Bristol Port, Avonmouth (June 2015 - Document 5.34.2), the National Grid’s report of environmental statement sensitivity test advertisement (March 2015 – Document 8.8) and the documents contained in or named in the consolidated errata and changes (June 2015 – Document 5.30.B.1, 5.30.B.2 and 5.30.B.3) submitted by National Grid to support its application, as set out in the Guide to the Application Document 1.7I including Document 5.21.2A incorrectly referred to as superseded, Document 5.22.1A referred to as the latest when it is supplementary, but excluding Document 5.27 which does not form part of the Environmental Statement;

• “licence holder” means the undertaker and any agent, contractor or sub-contractor acting on its behalf;

• “licensed activity” means any activity described in Part 2 of this licence;

• “maintain” includes inspect, repair, adjust, alter, remove, reconstruct or replace the authorised development, provided such works do not give rise to any materially new or materially different environmental effects to those identified in the Environmental Statement, and any derivative of “maintain” must be construed accordingly;

• “mean high water springs” means the average of high water heights occurring at the time of the spring tides;

• “MMO” means the Marine Management Organisation;

• “Public Rights of Navigation Plan” means the plan listed in Part 4 of Schedule 2 (plans) to the Order and certified as the Public Rights of Navigation Plan by the Secretary of State under article 44 of the Order

• “the Order” means the National Grid (Hinkley Point C Connection Project) Order 2016;

• “SAC habitat” means the habitat within a Special Area of Conservation entered in the Register of European Sites, held by the Department for Environment, Food and Rural Affairs;

• “the undertaker” means National Grid Electricity Transmission plc (registered company number 2366977);

• “vessel” means every description of vessel, however propelled or moved, and includes a non-displacement craft, a personal watercraft, a barge, a jack up barge, a seaplane or helicopter 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 or over water and which is at the time in, on or over water.

• “Works Plans” means the plans listed in Part 8 of Schedule 2 (plans) to the Order and certified as the Works Plans by the Secretary of State under article 44 of the Order, references to a particular Works Plan must be construed accordingly

• (2) Unless otherwise specified, all geographical co-ordinates given in this Schedule are in latitude and longitude degrees and minutes to two decimal places.

Addresses

2

• (1) Unless otherwise advised in writing by the MMO, the address for postal correspondence with the MMO for the purposes of this licence is the Marine Management Organisation, Marine Licensing Team, Lancaster House, Newcastle Business Park, Newcastle upon Tyne, NE4 7YH and where contact to the MMO Local Office is required, the following contact details should be used: The Fish Quay, Sutton Harbour, Plymouth, Devon PL4 0LH, Tel: 01752 228 001 Fax: 01752 221 239.

• (2) Unless otherwise advised in writing by the MMO, the address for electronic communication with the MMO for the purposes of this licence is marine.consent@marinemanagement.org.uk and where contact to the MMO Local Office is required, the following address should be used: plymouth@marinemanagement.org.uk.

PART 2 — LICENSED ACTIVITIES

3

Subject to the licence conditions in Part 4 of this licence, this licence authorises the licence holder to carry out any licensable marine activities under section 66(1) of the 2009 Act which involve the construction, alteration or improvement of any works in or over the sea or on or under the sea bed and which—

• (a) form part of the authorised development; and

• (b) are not exempt from requiring a marine licence by virtue of any provision made under section 74 of the 2009 Act.

4

In this licence, “authorised development” means—

• (a) Work No. 1G – LD, as set out in Schedule 1 to the Order, concerning the route south of River Avon to Seabank Substation, namely—

• (i) Works to construct a 400kV overhead electric line, between pylon P-LD106 and Seabank 400kV Substation. The route is 8.3km in length commencing at pylon P-LD106 on Works Plan section G sheet 2 and terminating at Seabank 400kV Substation on Works Plan section G sheet 7 and consists of 27 pylons and the installation of conductors, insulators and fittings.

• (ii) The works include installation and construction of a temporary site compound along the route of the overhead electric line, as shown on Works Plan section G sheet 3, containing welfare facilities, material lay down and parking areas.

• (b) Any other development authorised by the Order, which is development within the meaning of section 32 of the 2008 Act, and more particularly the installation of a 400kV overhead electric line, in the vicinity of, and over, the River Avon as is shown hatched on Section G, Sheet 1 of the Public Rights of Navigation Plan.

PART 3 — ENFORCEMENT

5

Any breach of this licence does not constitute a breach of the Order but is subject to the enforcement regime in Chapter 3 of Part 4 of the 2009 Act as a licence deemed to have been granted under section 149A of that Act.

PART 4 — CONDITIONS

6

For such of the licensable marine activities that involve the construction, alteration or improvement of works in or over the sea or on or under the sea bed, the conditions below apply to any person who for the time being owns, occupies or enjoys any use of those works.

7

Should the licence holder become aware that any of the information on which the granting of this licence was based has changed or is likely to change, the licence holder must notify the MMO at the earliest opportunity.

Prior to the commencement of the works

8

• (1) The licence holder must submit a detailed method statement at least 20 business days prior to the commencement of the first licensed marine activity for approval by the MMO.

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

9

The licence holder must inform the MMO and Environment Agency in writing of the intended start date and the likely duration of licensed activities on a site at least 10 business days prior to the commencement of the first licensed marine activity.

10

The licence holder must ensure that it inform the MMO in writing of all contractor and vessel details at least 10 business days prior to commencement of any licensed marine activity.

11

The licence holder must inform the MMO Local Office in writing of the timetable of the licensed activities at least 10 business days prior to commencement of any licensed marine activity.

12

The licence holder must inform the relevant harbour authorities in writing of the licensed marine activities (including timetable, contractor and vessel details) at least 20 business days prior to commencement of any licensed activity. The contact details are as follows—

• (1) Marine Department, The Bristol Port Company, Avonmouth Docks, Avonmouth, Bristol BS11 9AT, marine.admin@bristolport.co.uk, Tel: 0117 982 0000

• (2) Bristol City Docks, Harbour Office, Underfall Yard, Cumberland Road, Bristol BS1 6XG, harbour.office@bristol.gov.uk, Tel: 0117 903 1484, 0117 903 1487.

Upon commencement of the works

13

Should vessels be used on the surface of the water, temporary ground protection in the form of trackway or similar must be used to protect the salt marsh SAC habitats when taking the pilot bonds to the vessels.

14

Should vessels be used on the surface of the water: the vessels must only be used at periods of high tide to avoid disturbing intertidal habitats.

15

The licence holder must ensure that any coatings and treatments used are approved by the Health and Safety Executive as suitable for use in the marine environment and are used in accordance with Environment Agency Pollution Prevention Guidelines.

16

The licence holder must ensure suitable bunding or storage facilities are employed to prevent the release of fuel oils, lubricating fluids and chemicals associated with vessels, plant and equipment into the marine environment.

17

The licence holder must ensure that any oil, fuel or chemical spill within the marine environment is reported to the MMO, Marine Pollution Response Team—

• Within Office hours: 0870 785 1050

• Outside Office hours: 07770 977 825

• At all times if other numbers out of order 0845 051 8486

• Email: dispersants@marinemanagement.org.uk

18

Any construction materials that are misplaced below mean high water springs and cannot be recovered must be located and their position notified to the MMO Local Office and the MMO as deemed Licensing Authority within 48 hours.

19

The licence holder must ensure that the MMO Local Office is notified in writing of the completion of the works within 10 business days following the completion of any of the works.

20

The licence holder must ensure that any equipment, temporary structures, waste and debris associated with the works are removed within 20 business days of completion of any of the works.

21

• (1) The licence holder must ensure that if maintenance is required which involves a licensable marine activity (“marine licensable maintenance works”), a methodology for such maintenance must be submitted to the MMO for agreement in writing at least 28 business days prior to commencement of any maintenance works amounting to licensable marine activity.

• (2) No marine licensable maintenance works referred to in paragraph 21(1) may commence without prior written approval from the MMO.

• (3) This condition does not apply to maintenance works which are taken in an emergency, in accordance with section 86 of the 2009 Act.

SCHEDULE 10 — 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 or imposition of a restriction as they apply as respects compensation on the compulsory purchase of land and interests in land.

2

• (1) Without limitation on the scope of paragraph (1), the Land Compensation Act 1973[^f00029] has effect subject to the modifications set out in sub-paragraphs (2) and (3).

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

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

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

• (3) For section 58(1)[^f00030] (determination of material detriment where part of house etc. proposed for compulsory acquisition), as it applies to determinations under section 8 of the 1965 Act as substituted by paragraph 5 substitute—

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

Application of the 1965 Act

3

• (1) The 1965 Act has effect with the modifications necessary to make it apply to the compulsory acquisition under this Order of a right by the creation of a new right, 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 must be read (according to the Requirements of the particular context) as referring to, or as including references to—

• (a) the right acquired or to be acquired, or the restriction imposed or to be imposed; or

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

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

4

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

(7) In assessing the compensation to be paid by the acquiring authority under this Act, regard must be had not only to the extent (if any) to which the value of the land over which the right is to be acquired 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) substitute—

(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 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 that 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 National Grid (Hinkley Point C Connection Project) Order2016 (“the Order”) ceases, in relation to that person, to authorise the purchase of the right or imposition of a restriction and is deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of such a park or garden, the house to which it belongs, and the notice is deemed to have been served in respect of that interest on such date as the Tribunal directs. (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) 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 modified 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[^f00031] of the 1965 Act (powers of entry) is modified to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right or restriction, 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 the date of service of the notice); and sections 12[^f00032] (penalty for unauthorised entry) and 13[^f00033] (entry on warrant in the event of obstruction) of the 1965 Act are modified correspondingly.

8

Section 20[^f00034] 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 or to enforce the restriction imposed, subject to compliance with that section as respects compensation.

SCHEDULE 11 — LAND WHICH MAY BE COMPULSORILY ACQUIRED

SCHEDULE 12 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

PART 1 — NATIONAL GRID

PART 2 — WESTERN POWER DISTRIBUTION

SCHEDULE 13 — TRAFFIC REGULATION

PART 1 — TEMPORARY PROHIBITION OF VEHICULAR ACCESS AND NO WAITING AND SPEED RESTRICTION