The River Humber Gas Pipeline Replacement Order 2016

• (1) The undertaker may enter on and appropriate so much of the subsoil of, or air-space over, any street within the Order limits as may be required for the purposes of the development and may use the subsoil or air-space for those purposes or any other purpose ancillary to the authorised project.

• (2) Subject to paragraph (3), the undertaker may exercise any power conferred by paragraph (1) in relation to a street without being required to acquire any part of the street or any easement or right in the street.

• (3) Paragraph (2) does not apply in relation to—

• (a) any subway or underground building; or

• (b) any cellar, vault, arch or other construction in, on or under a street which forms part of a building fronting onto the street.

• (4) Subject to paragraph (5), any person who is an owner or occupier of land appropriated under paragraph (1) without the undertaker acquiring any part of that person’s interest in the land, and who suffers loss as a result, is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.

• (5) Compensation is not payable under paragraph (4) to any person who is an undertaker to whom section 85 of the 1991 Act (sharing cost of necessary measures) applies in respect of measures of which the allowable costs are to be borne in accordance with that section.

Incorporation of the mineral code

37

Parts 2 and 3 of Schedule 2 to the Acquisition of Land Act 1981²⁴ (minerals) are incorporated in this Order subject to the modifications that—

• (a) for “the acquiring authority” substitute “the undertaker”;

• (b) for “undertaking” substitute “authorised project”; and

• (c) for “compulsory purchase order” substitute “this Order”.

PART 4 — Miscellaneous and general

Application of landlord and tenant law

38

• (1) This article applies to—

• (a) any agreement for leasing to any person the whole or any part of the authorised project or the right to operate the same; and

• (b) any agreement entered into by the undertaker with any person for the construction, maintenance, use or operation of the authorised project, or any part of it,

so far as any such agreement relates to the terms on which any land which is the subject of a lease granted by or under that agreement is to be provided for that person’s use.

• (2) No enactment or rule of law regulating the rights and obligations of landlords and tenants prejudices the operation of any agreement to which this article applies.

• (3) Accordingly, no such enactment or rule of law applies in relation to the rights and obligations of the parties to any lease granted by or under any such agreement so as to—

• (a) exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter;

• (b) confer or impose on any such party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease; or

• (c) restrict the enforcement (whether by action for damages or otherwise) by any party to the lease of any obligation of any other party under the lease.

Deemed consent under Part 4 (marine licensing) of the Marine and Coastal Access Act 2009

39

The marine licence set out in Schedule 9 is deemed to have been issued under Part 4 of the 2009 Act (marine licensing) for the licensable marine activities (as defined in section 66 of the 2009 Act) set out in Part 2, and subject to the conditions set out in Part 3, of the licence

Operational land for purposes of the 1990 Act

40

Development consent granted by this Order is to be treated as specific planning permission for the purposes of section 264(3) of the 1990 Act (cases in which land is to be treated as not being operational land for the purposes of that Act).

Felling or lopping of trees or shrubs

41

• (1) The undertaker may fell or lop any tree or shrub near any part of the authorised project, or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree or shrub—

• (a) from obstructing or interfering with the construction, maintenance or operation of the authorised project or any apparatus used in connection with the authorised project; or

• (b) from constituting a danger to persons constructing, maintaining, operating or using the authorised project.

• (2) In carrying out any activity authorised by paragraph (1), the undertaker must not cause unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from such activity.

• (3) The undertaker may remove—

• (a) hedgerows shown on the works plans; and

• (b) with the approval of the relevant planning authority, which is not to be unreasonably withheld or delayed, any other hedgerow within the Order limits if the undertaker reasonably believes it to be necessary to do so for the purposes of the construction and/or operation of the authorised project.

• (4) The undertaker is not required to obtain any consent to remove a hedgerow referred to in paragraph (3) under the Hedgerows Regulations 1997²⁵.

• (5) Reference to “planning permission” in regulation 6 (permitted work) of the Hedgerows Regulations 1997 includes this Order.

• (6) In this article—

• (a) “hedgerow” includes—

• (i) hedgerows to which the Hedgerows Regulations 1997 apply; and

• (ii) any part of a hedgerow.

• (7) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, is to be determined under Part 1 of the 1961 Act.

Protective provisions

42

Schedule 10 (protective provisions) to this Order has effect.

Crown rights

43

• (1) Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and in particular, nothing in this Order authorises the undertaker or any licensee—

• (a) to use, enter upon or in any manner interfere with any land or rights of any description—

• (i) belonging to Her Majesty in right of the Crown and forming part of The Crown Estate without the consent in writing of the Crown Estate Commissioners;

• (ii) belonging to Her Majesty in right of the Crown and not forming part of The Crown Estate without the consent in writing of the government department having the management of that land; or

• (iii) belonging to a government department or held in trust for Her Majesty for the purposes of a government department without the consent in writing of that government department; or

• (b) Paragraph (1) does not apply to the exercise of any right under this Order for the compulsory purchase of any interest in any Crown land (as defined in the 2008 Act) for the time being held otherwise than by or on behalf of the Crown.

• (2) A consent under paragraph (1) may be given unconditionally or subject to terms and conditions, and is deemed to have been given in writing where it is sent electronically.

Certification of plans etc.

44

• (1) The undertaker must, as soon as practicable after the making of this Order, submit to the Secretary of State copies of—

• (a) the access and rights of way plans;

• (b) the book of reference;

• (c) the environmental statement;

• (d) the land plans;

• (e) the works plans;

• (f) the initial CEMP; and

• (g) the initial TMP

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

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

Service of notices

45

• (1) A notice or other document required or authorised to be served, given or supplied under this Order may be served, given or supplied in any of these ways—

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

• (b) by leaving it at the usual or last known place of abode of that person or, in a case where an address for service has been given by that person, at that address;

• (c) by sending it by post, addressed to that person at that person’s usual or last known place of abode or, in a case where an address for service has been given by that person, at that address;

• (d) by sending it in a prepaid registered letter, or by the recorded delivery service, addressed to that person at that person’s usual or last known place of abode or, in a case where an address for service has been given by that person, at that address;

• (e) in a case where an address for service using electronic communications has been given by that person, by sending it using electronic communications, in accordance with the condition set out in paragraph (2), to that person at that address;

• (f) in the case of an incorporated company or body—

• (i) by delivering it to the secretary or clerk of the company or body at their registered or principal office;

• (ii) by sending it by post, addressed to the secretary or clerk of the company or body at that office; or

• (iii) by sending it in a prepaid registered letter or by the recorded delivery service, addressed to the secretary or clerk of the company or body at that office.

• (2) The condition mentioned in sub-paragraph (e) is that the notice or other document must be -

• (a) capable of being accessed by the person mentioned in that provision;

• (b) legible in all material respects; and

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

• (3) For the purposes of paragraph (2), “legible in all material respects” means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served, given or supplied by means of a notice or document in printed form.

Arbitration

46

Any difference under any provision of this Order, unless otherwise provided for (including determination by the tribunal) or unless otherwise agreed between the parties, must 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.

Procedure in relation to certain approvals etc.

47

Schedule 12 (Procedure in relation to certain approvals etc.) has effect.

SCHEDULE 1 — Authorised project

PART 1 — Authorised development

1

A nationally significant infrastructure project as defined in sections 14 and 20 of the 2008 Act and associated development within the meaning of section 115 of the 2008 Act comprising the works described below.

PART 2 — Further associated development and ancillary works

2

Such associated development and ancillary works within the Order limits as may be necessary or expedient for the purposes of or in connection with the construction of the Works in Part 1of this Schedule or any of them (which fall within the scope of the works assessed by the environmental statement) consisting of—

• (a) site preparation works, site clearance (including fencing and vegetation removal), earthworks (including soil stripping and storage) and site levelling, pre-construction drainage;

• (b) in relation to Work Nos. 1, 2, 3, 4, 5 and 10 pipeline construction works including:

• (i) surveying and setting-out;

• (ii) tunnel boring, drive and reception pits, hydraulic rams, rollers and brackets, pipe thrusters and winch;

• (iii) topsoil and subsoil stripping and storage;

• (iv) archaeological surveys/investigations and watching brief;

• (v) pipeline installation including pipe stringing, pipe bending, end preparation, front end welding, back end welding, fabrication welding, pipeline coating, pipeline trench excavation, trenchless crossings, lower and lay, sand padding, backfilling, pipeline tie-ins, re-grading of soil, post construction drainage, cross-ripping and reinstatement of top-soil, internally swab and gauge pipeline test sections;

• (vi) filling, testing and dewatering test sections;

• (vii) aerial markers, cathodic protection test posts and field boundary markers;

• (viii) reinstating test locations;

• (ix) removing demarcation fencing;

• (x) reinstating boundary walls, hedges, and fencing;

• (xi) final gauge plate and calliper surveys;

• (xii) drying and commissioning pipelines;

• (xiii) isolating the existing gas pipeline;

• (xiv) demobilisation from site; and

• (xv) works to enable power supplies;

• (xvi) de-watering systems and water management areas;

• (xvii) power supplies and temporary lighting; and

• (xviii) installation of wires, cables, conductors, pipes and ducts.

• (c) works to remove or alter the position of apparatus including mains, sewers, drains and cables;

• (d) landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised project;

• (e) works for the benefit or protection of land affected by the authorised project;

• (f) temporary access tracks;

• (g) works required for the strengthening, improvement, maintenance or reconstruction of any streets;

• (h) the carrying out of street works pursuant to article 11 (street works), works to alter the layout of streets pursuant to article 12 (power to alter layout, etc., of streets) and the alteration or removal of road furniture;

• (i) ramps, means of access;

• (j) installation of drainage, drainage attenuation and land drainage including outfalls; and

• (k) such other works as may be necessary for the purposes of or in connection with the construction, operation or maintenance of the authorised project and which do not give rise to any materially different effects from those assessed in the environmental statement.

SCHEDULE 2 — Plans

PART 1 — Works plans

Drawing Title	Sheet Number	Drawing Number
Works plans – Key plan	Key Plan	W001
Works plan	Sheet 1 of 8	W002
Works plan	Sheet 2 of 8	W003
Works plan	Sheet 3 of 8	W004
Works plan	Sheet 4 of 8	W005
Works plan	Sheet 5 of 8	W006
Works plan	Sheet 6 of 8	W007
Works plan	Sheet 7 of 8	W008
Works plan	Sheet 8 of 8	W009

PART 2 — Land plans

Drawing title	Sheet number	Drawing number
Land Plans – Key plan	Key Plan	L001
Land plan	Sheet 1 of 17	L002
Land plan	Sheet 2 of 17	L003
Land plan	Sheet 3 of 17	L004
Land plan	Sheet 4 of 17	L005
Land plan	Sheet 5 of 17	L006
Land plan	Sheet 6 of 17	L007
Land plan	Sheet 7 of 17	L008
Land plan	Sheet 8 of 17	L009
Land plan	Sheet 9 of 17	L0010
Land plan	Sheet 10 of 17	L0011
Land plan	Sheet 11 of 17	L0012
Land plan	Sheet 12 of 17	L0013
Land plan	Sheet 13 of 17	L0014
Land plan	Sheet 14 of 17	L0015
Land plan	Sheet 15 of 17	L0016
Land plan	Sheet 16 of 17	L0017
Land plan	Sheet 17 of 17	L0018

PART 3 — Access and rights of way plans

Drawing Title	Sheet Number	Drawing Number
Access and rights of way plans – Key plan	Key Plan	A001
Access and rights of way plan	Sheet 1 of 8	A002
Access and rights of way plan	Sheet 2 of 8	A003
Access and rights of way plan	Sheet 3 of 8	A004
Access and rights of way plan	Sheet 4 of 8	A005
Access and rights of way plan	Sheet 5 of 8	A006
Access and rights of way plan	Sheet 6 of 8	A007
Access and rights of way plan	Sheet 7 of 8	A008
Access and rights of way plan	Sheet 8 of 8	A009

PART 4 — Environmental statement

Document	Date	Document Title
6.1	15 April 2015	Introduction
6.2	15 April 2015	Scheme Description
6.3	15 April 2015	Design Iterations and Alternatives Considered
6.3.1	15 April 2015	Appendix 3.1 Strategic Options Report
6.3.2	15 April 2015	Appendix 3.2 Alternatives - Route Corridor Investigation Study
6.4	15 April 2015	Appendix 3.3 Alternatives - Crossing Options Report A
6.4.1	15 April 2015	EIA Methodology and Construction Environmental Management
6.4.2	15 April 2015	Appendix 4.1 PINS Scoping Opinion Comments
6.5	15 April 2015	Air Quality
6.5.1	15 April 2015	Appendix 5.1 Dust risk Assessment
6.6	15 April 2015	Cultural Heritage
6.6.1	15 April 2015	Appendix 6.1 Desk-Based Assessment
6.6.2	15 April 2015	Appendix 6.2 Aerial Photograph Analysis at Paull
6.6.3	15 April 2015	Appendix 6.3 Geophysical Surveys Undertaken at Paull
6.6.4	15 April 2015	Appendix 6.4 Geophysical surveys Undertaken at Goxhill
6.6.5	15 April 2015	Appendix 6.5 Southend Bypass Geophysical Survey
6.7	15 April 2015	Ecology and Nature Conservation
6.7.1	15 April 2015	Appendix 7.1 Technical Appendix
6.7.2	15 April 2015	Appendix 7.2 Potentially Excepted Information
6.8	15 April 2015	Update Deadline 8?
6.8.1	15 April 2015	Geology and Soils
6.8.2	15 April 2015	Appendix 8.1 Environmental Agency and Local Authority Responses
6.8.2	15 April 2015	Appendix 8.2 Desk Study Report Plan 1
6.8.2	15 April 2015	Appendix 8.2 Desk Study Report Plan 2
6.8.3.2	15 April 2015	Appendix 8.2 Desk Study Report Plan 3
6.8.3	15 April 2015	Appendix 8.3 Ground Investigation Report
6.8.3.1	12 October 2015	Appendix 8.3 Addendum - Phase I Test Results and Factual Report Volume 1
6.8.3.2	12 October 2015	Appendix 8.3 Addendum - Phase I Test Results and Factual Report Volume 2
6.8.3.3	12 October 2015	Appendix 8.3 Addendum - Phase I Test Results and Factual Report Volume 3
6.8.3.4	12 October 2015	Appendix 8.3 Addendum - Phase I Test Results and Factual Report Volume 4
6.8.3.5	12 October 2015	Appendix 8.3 Addendum - Phase I Test Results and Factual Report Volume 5
6.8.3.6	12 October 2015	Appendix 8.3 Addendum - Phase I Test Results and Factual Report Volume 6
6.8.3.7	12 October 2015	Appendix 8.3 Addendum - Phase I Test Results and Factual Report Volume 7
6.8.3.8	12 October 2015	Appendix 8.3 Addendum - Phase I Test Results and Factual Report Volume 8
6.8.3.9	12 October 2015	Appendix 8.3 Addendum - Phase I Test Results and Factual Report Volume 9
6.8.3.10	12 October 2015	Appendix 8.3 Addendum - Phase I Test Results and Factual Report Volume 10
6.8.3.11	02 November 2015	Appendix 8.3 Addendum - Phase II Test Results and Factual Report
6.8.4	15 April 2015	Appendix 8.4 Paull Holme Strays Investigation Report
6.8.5	15 April 2015	Appendix 8.5 Chalk Report
6.8.6	15 April 2015	Appendix 8.6 Geophysical Survey Report 1
6.8.6	15 April 2015	Appendix 8.6 Geophysical Survey Report 2
6.8.6	15 April 2015	Appendix 8.6 Geophysical Survey Report 3
6.8.7	15 April 2015	Appendix 8.7 Information Relating to Stoneledge Field Investigation
6.8.8	15 April 2015	Appendix 8.8 Responses from Lincolnshire Environmental Records Centre East Yorkshire RIGS Group
6.8.9	15 April 2015	Appendix 8.9 Unexploded Ordnance Report
6.9	15 April 2015	Landscape and Visual Amenity
6.10	15 April 2015	Noise and Vibration
6.10.1	15 April 2015	Appendix 10.1 Noise Monitoring Installation Sheets and Time History
6.10.2	15 April 2015	Appendix 10.2 Noise Model Inputs
6.10.3	15 April 2015	Appendix 10.3 Noise Model Outputs
6.11	15 April 2015	Socio-Economics and Land Use
6.11.1	15 April 2015	Appendix 11.1 Agricultural Land Survey
6.12	15 April 2015	Traffic and Transport
6.13	15 April 2015	Water Resources
6.13.1	15 April 2015	Appendix 13.1 Water Framework Directive Assessment
6.13.2A	13 January 2016	Appendix 13.2 Initial Site Water Management Plan
6.13.2.1	13 January 2016	Comparison between Initial Site Water Management Plan versions 6.13.2 and 6.13.2A
16.13.3	15 April 2015	Appendix 13.3 Hydrogeological Impact Assessment
6.13.3.1	12 October 2015	Appendix 13.3 Addendum - Mini-Pumping Test Results and Factual Report
6.13.3.2	12 October 2015	Appendix 13.3 Addendum Report to Hydrogeological Impact Assessment
6.14	15 April 2015	Cumulative Effects
6.15	15 April 2015	Cumulative Effects
6.16	15 April 2015	Screening Opinions
6.17	15 April 2015	Scoping Opinion
6.18	15 April 2015	EIA Regulations Publicity Requirements
6.19	15 April 2015	Non-Technical Summary

SCHEDULE 3 — Requirements

Interpretation

1

In this Schedule—

• “construction work” means works to construct the authorised project, or relevant part of it, excluding mobilisation of plant and equipment into, out of or within the Order limits;

• “flood defence area” means the embankment bunds at Paull Holme Strays and Goxhill;

• “initial site water management plan” means the site water management plan contained in the environmental statement;

• “reinstatement” means the restoration of land within the Order limits for future use after construction of the authorised project;

• “stage” means a part of the authorised project as set out in the written scheme approved under Requirement 3.

Time limits

2

The authorised project must be commenced within five years from the date of this Order.

Stages of the authorised project

3

The authorised project may not commence until a written scheme setting out all stages of the authorised project has been submitted to and approved in writing by the relevant planning authority.

Detailed design approval

4

• (1) No stage of the authorised project may commence until details of the layout, scale and external appearance of the following works within that stage (including any consultation responses from the Environment Agency for those parts of the authorised project within the flood defence area) have been submitted to and approved, in writing, by the relevant planning authority—

• (a) Works No. 1, 2 and 3 (the pipeline and associated permanent infrastructure);

• (b) Works No. 4, 5, 7, 8, 10 and 12 (temporary construction and work areas);

• (c) the detailed pipeline route alignment; and

• (d) additional lay down, storage and working areas.

• (2) The works described in sub-paragraph (1)(a) to (d) must be carried out in accordance with the approved details or any subsequent revisions that have been submitted to and approved, in writing, by the relevant planning authority.

Site Water Management Plan

5

• (1) No stage of the authorised project may commence until, for that stage, a site water management plan substantially in accordance with the initial site water management plan has been submitted to and approved by the relevant planning authority, in consultation with the Environment Agency.

• (2) The site water management plan must include the following—

• (a) an updated hydrogeological impact assessment of the detailed design approved under Requirement 4;

• (b) details of further pump tests to confirm ground conditions (including anisotropy) at the drive pit (as indicated on works plan sheet 5);

• (c) details of the recharge/reinjection measures to ensure that net abstraction is minimised and groundwater is discharged to a location agreed with the Environment Agency;

• (d) details of any discharge to the Humber Estuary to a location agreed with the Environment Agency;

• (e) details of the groundwater implications of decommissioning the drive and reception pits and proposals for any necessary ongoing groundwater management;

• (f) a pre-, during and post-construction groundwater monitoring strategy to include the following—

• (i) details of monitoring of groundwater levels adjacent to the proposed at the drive pit (as indicated on works plan sheet 5) and reception shaft (as indicated on works plan sheet 7);

• (ii) net groundwater abstraction rates;

• (iii) flow gauging in relevant surface water features;

• (iv) baseline water chemical analysis; and

• (v) a monthly review of monitoring data for the first six months post-construction followed by quarterly reviews until the Environment Agency has confirmed that it is satisfied that no further groundwater impacts will be identified (such confirmation not to be unreasonably withheld).

• (g) details of measures to ensure discharge from dewatering is non-polluting and will not exacerbate flood risk;

• (h) details of areas at risk of water pollution from surface water run-off, and any special control measures required in those areas;

• (i) details of measures to minimise suspension of and pollution due to sediment;

• (j) where it is considered necessary to store material in the flood plain, the requirements for mitigation will be agreed with the Environment Agency before construction commences;

• (k) details of hydrostatic testing requirements, including water sources and discharge points, and water quality monitoring of test water discharged; and

• (l) all necessary licences and consents will be obtained.

• (3) The construction works for each stage of the authorised project must be carried out in accordance with the approved site water management plan.

• (4) The method of crossing main rivers and ordinary watercourses (including land drains) shall be undertaken in a manner which will not cause an increase in flood risk to any area upstream, downstream or surrounding the crossing.

Site Waste Management Plan

6

• (1) No stage of the authorised project may commence until a written site waste management plan has been submitted to and approved in writing, by the relevant planning authority in consultation with the Environment Agency and each stage of the authorised project must be carried out in accordance with the site waste management plan.

• (2) The site waste management plan must include the following—

• (a) details of resource efficiency methods to be adopted;

• (b) register of resource efficiencies secured;

• (c) responsibilities for management of waste;

• (d) details of audits of the site waste management plan;

• (e) details of all waste to be generated on-site including quantities, European Waste Catalogue (“EWC”) code, waste type and disposal route; and

• (f) details of all waste facilities to be used including the site name, address and site code.

Removal of trees and hedgerows

7

• (1) No stage of the authorised project involving the felling or lopping of trees or hedgerows under article 41 (felling or lopping of trees or shrubs) as shown on works plans sheets 5 and 7 may commence until, for that stage, details (if any) identifying the trees, groups of trees and hedgerows to be removed and, where appropriate, reinstated during that stage have been submitted to and approved by the relevant planning authority.

• (2) Each stage of the authorised project must be carried out in accordance with the approved details (if any) for that stage.

• (3) Any hedge or tree planting which is part of the approved details that, within 2 years after planting, is removed, dies or (in the opinion of the relevant planning authority) becomes seriously damaged or diseased, must be replaced in the first available planting season with planting material of the same specification as that originally planted.

Hard landscaping and drainage

8

• (1) No stage of the authorised project may commence until, for that stage, details of drainage methods for both temporary and permanent works have after consultation with the drainage authority and the Environment Agency been submitted to and approved by the relevant planning authority.

• (2) The authorised project must be carried out in accordance with the approved details.

Agricultural land drainage

9

• (1) No stage of the authorised project may commence until a written scheme, applicable to that stage, to deal with agricultural land drainage within the Order limits has been submitted to and approved, in writing, by the relevant planning authority.

• (2) The purpose of the scheme is to ensure that, during and following construction, the efficiency of drainage is maintained within and outside the works limits.

• (3) The scheme must include an investigation and assessment report giving details of existing drainage arrangements and requirements for pre-construction works and post-construction reinstatement to be agreed with the relevant planning authority.

• (4) The authorised project must be carried out in accordance with the approved scheme.

Archaeology

10

• (1) No stage of the authorised project may commence until a written scheme of archaeological investigation for that stage has been submitted to and approved by the relevant planning authority.

• (2) The written scheme must identify areas where a programme of archaeological investigation is required and the measures to be taken to protect, record or preserve any significant archaeological remains that may be found; the written scheme must accord with the document River Humber Gas Pipeline Replacement Project Archaeological Mitigation Strategy and Written Scheme of Investigation, Arcadis, February 2016, and any subsequent updates, to be agreed by the relevant planning authority.

• (3) Any archaeological works or watching brief for a stage of the authorised project must be carried out in accordance with the approved written scheme for that stage.

• (4) Any archaeological works carried out under the approved written scheme must be by a suitably qualified person or body approved by the relevant planning authority.

• (5) A copy of any analysis, reporting, publication or archiving required as part of the written scheme must be deposited with the Historic Environment Record of the relevant planning authority within one year of the date of completion of the authorised project or such other period as may be agreed in writing by the relevant planning authority.

Construction hours

11

• (1) Subject to Requirements 11(3) and 11(4), construction work must not take place outside the following hours—

• (a) 07:00 and 19:00 from Monday to Friday; and

• (b) 08:00 and 16:00 on Saturdays,

except in the event of an emergency.

• (2) In the event of an emergency, notification of that emergency must be given to the relevant planning authority as soon as practicable.

• (3) The following operations may take place outside the working hours referred to in Requirement 11(1)—

• (a) tunnel boring (including associated spoil movement within the Order limits, segment installation and slurry batching);

• (b) filling, testing, dewatering and drying;

• (c) dewatering activities; and

• (d) commissioning of Work No 1 and isolation of the existing gas pipeline.

• (4) Nothing in Requirement 11(1) above precludes—

• (a) start-up and shut-down activities up to an hour either side of core working hours; and

• (b) maintenance at any time of plant and machinery engaged in the construction of the authorised project.

• (5) In this Requirement “emergency” means a situation where, if the relevant action is not taken, there will be adverse health, safety, security or environmental consequences that in the reasonable opinion of the undertaker would outweigh the adverse effects to the public (whether individuals, classes or generally as the case may be) of taking that action.

Construction Environmental Management Plan

12

• (1) No stage of the authorised project may commence until a construction environmental management plan relating to that stage has been submitted to and approved by the relevant planning authority.

• (2) The construction environmental management plan must be substantially in accordance with, and include the following plans and strategies, from the initial CEMP—

• (a) details of fencing and enclosures;

• (b) a pollution prevention and control plan;

• (c) a sustainable procurement plan;

• (d) a materials management plan;

• (e) a reinstatement plan, including soil handling and restoration measures;

• (f) an energy reduction plan;

• (g) an emergency response/ spill response plan;

• (h) a refuelling procedure;

• (i) a flood risk management plan;

• (j) flood incident response plan; and

• (k) marsh harrier monitoring and mitigation strategy.

• (3) The authorised project must be undertaken in accordance with the approved construction environmental management plan.

• (4) Any works subject to the plans, scheme and strategy referred to in sub-paragraph (2) must be carried out in accordance with the approved plan, scheme or strategy.

Noise

13

• (1) No stage of the authorised project may commence until a written scheme for noise management during construction and maintenance of that stage has been submitted to and approved, in writing, by the relevant planning authority.

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

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

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

• (c) monitoring to be undertaken at identified sensitive receptors pre- and during construction.

• (3) The approved noise management scheme must be implemented before and maintained during construction and maintenance of the relevant stage of the authorised project.

• (4) The authorised project must be undertaken in accordance with the approved noise management scheme.

Contaminated land and groundwater

14

• (1) In the event that contamination is found at any time when carrying out the authorised project that has not been previously identified it must be reported in writing immediately to the relevant planning authority.

• (2) An investigation and risk assessment must be completed in accordance with a scheme to assess the nature and extent of any contamination on the part of the Order limits within which works are being carried out, whether or not that contamination originates on that part of the Order limits; and—

• (a) the contents of that scheme are subject to the approval in writing of the relevant planning authority; and

• (b) that investigation and risk assessment must be undertaken in accordance with the approved scheme and a written report of the findings must be submitted to the relevant planning authority.

• (3) Where remediation is required, a detailed remediation scheme to bring a part of the Order land within which works are being carried out to a condition suitable for the intended use must be prepared and submitted for the written approval of the relevant planning authority; and—

• (a) the approved remediation scheme must be carried out in accordance with its terms; and

• (b) following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced and approved in writing by the relevant planning authority.

Construction traffic and accesses

15

• (1) No stage of the authorised project may commence until a traffic management plan, substantially in accordance with the initial TMP, has been submitted to and, following consultation with the highway authority and Highways England, been approved by the relevant planning authority.

• (2) The plan must include details of—

• (a) siting, design and layout of works to the public highway for the purposes of construction traffic and access;

• (b) construction vehicle routeing;

• (c) the scheduling and timing of movements and details of abnormal load movements;

• (d) pre and post condition surveys of the construction traffic routes, the methodology used for assessing the need for improvements and the funding provision of required highway works;

• (e) management of junctions and crossings of public rights of way;

• (f) marking and identification of construction vehicles;

• (g) driver information packs;

• (h) planned monthly inspections of the access roads and associated verges to establish temporary works/repairs and the funding provision; and

• (i) temporary vehicle parking, loading, off-loading and manoeuvring facilities for contractors which will be in operation during the lifespan of the construction works.

• (3) Each stage of the authorised project must be carried out in accordance with the traffic management plan for that stage.

• (4) Unless otherwise approved by the relevant planning authority in the traffic management plan, or in case of emergency, the following restrictions on the movement of vehicles will apply—

• (a) construction vehicles must not enter the site except between the hours of 09:00 and 15:15 during term time of North Lincolnshire Council district school(s);

• (b) construction vehicles must leave the site using the outbound construction route identified in the initial TMP;

• (c) construction vehicles must not leave the site between 19:00 hours and 07:00 hours the following day; and

• (d) all site-related traffic must follow the designated route identified within the Drivers Information Pack in the initial TMP.

Restoration of land used temporarily for construction

16

Subject to article 27 (temporary use of land for carrying out the authorised project), any land within the Order limits which is used temporarily for or in connection with construction must be reinstated to a condition fit for its former use, or such other condition as the relevant planning authority may approve, within 12 months of completion of the authorised project.

Temporary external lighting

17

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

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

• (3) Any temporary external lighting must be installed in accordance with the approved details.

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

Environmental mitigation land

18

• (1) During the construction of the authorised project—

• (a) no storage, use of plant, construction work or other activity authorised by this Order may take place above ground within Work No. 11 or Work No. 13;

• (b) Work No.11 must be maintained as short sward pasture suitable for foraging by golden plover, lapwing and curlew;

• (c) no gas guns for the scaring of birds may be used within Work No. 13;

• (d) prior to the cultivation of land within Work No.13 each year, 20 tonnes of organic matter per hectare must be applied to the soil, or such other amount and/or frequency as may be agreed in writing by Natural England in consultation with the Royal Society for the Protection of Birds; and

• (e) during winter, the height of vegetation on land within Work No.11 and Work No.13 must not exceed a height of 15cm.

Ecological Surveys

19

• (1) No stage of the authorised project may commence until it has been established by survey work whether any water voles or badgers are present within the Order limits or may be affected by that stage of the authorised project.

• (2) Where water voles or badgers are shown to be present or may be affected by a stage of the authorised project, that stage must only be commenced following appropriate consultation with Natural England and after any necessary licence has been obtained from Natural England pursuant to regulation 55 (licences for certain activities relating to animals or plants) of the Conservation of Habitats and Species Regulations 2017.

Requirement for written approval

20

Where under any of the Requirements the approval or agreement of the relevant planning authority or another person is required, that approval or agreement must be given in writing.

Approved details and amendments to approved details

21

• (1) With respect to any Requirement which requires the authorised project to be carried out in accordance with details approved by the relevant planning authority, the approved details include any amendments that may subsequently be approved in writing by the relevant planning authority to the extent that the authority may lawfully do so.

• (2) Any approved details in any Requirement, including amendment or variation from the approved details under paragraph (1), may not be authorised by the relevant planning authority except where it has been demonstrated to the satisfaction of that relevant planning authority that the subject-matter of the approval sought is unlikely to give rise to any materially new or materially different environmental effects in comparison with the authorised project as identified and assessed in the environmental statement.

SCHEDULE 4 — Streets subject to street works

(1) Area	(2) Street subject to Street Works
East Riding of Yorkshire	Thorngumbald Road – Work No. 3E on sheet 7 of the works plans

SCHEDULE 5 — Streets subject to alteration of layout

(1) Area	(2) Street subject to Alteration of Layout	(3) Description of Alteration
North Lincolnshire	Thornton Road and College Road	Temporary construction access. Temporary widening of the junction of the roads at the location shown as Work No. 6A on sheet 1 of the access and rights of way plans.
North Lincolnshire	Soff Lane	Temporary construction access. Temporary widening of the junction of Soff Lane and the existing private access at location 6B on sheet 1 of the access and rights of way plans.
North Lincolnshire	Chapel Field Road	Temporary construction access. Widening of the road at points shown as Work Nos. 6D, 6F and 6G and temporary widening of Work Nos. 6E and 6R on sheets 2 and 5 of the access and rights of way plans.
North Lincolnshire	Ferry Road	Temporary construction access. Widening of the road at points shown as Work Nos. 6H, 6I, 6J, 6K and 6L on sheets 3 and 4 of the access and rights of way plans.
North Lincolnshire	Ferry Road and East Marsh Road	Temporary construction access. Widening of the junction of the roads at the point shown as Work No. 6M on sheet 4 of the access and rights of way plans.
North Lincolnshire	East Marsh Road	Temporary construction access. Widening of the road and junction with the existing private track at Rose Hill Farm at the locations marked as Work Nos. 6N, 6O and 6P on sheets 4 and 5 of the access and rights of way plans.
North Lincolnshire	East Marsh Road and Chapel Field Road	Temporary construction access. Widening of the junction of the roads at the point marked as Work No. 6Q on sheet 5 of the access and rights of way plans.
East Riding of Yorkshire	Thorngumbald Road	Temporary construction access. Temporary widening of the road at the location marked as Work No. 9A on sheet 7 of the access and rights of way plans.
East Riding of Yorkshire	Farbridge Lane and the Junction with Paull Road	Temporary construction access. Temporary widening at the location marked as Work No. 9C on sheet 8 of the access and rights of way plans.

SCHEDULE 6 — Streets and public rights of way to be temporarily stopped up

(1) Area	(2) Street/Footpath subject to Temporary Stopping Up	(3) Extent of Temporary Stopping Up
East Riding of Yorkshire	Footpath 1	Between points A and B as shown on the access and rights of way plans.
East Riding of Yorkshire	Footpath 6	Between points C and D as shown on the access and rights of way plans.

SCHEDULE 7 — Access to works

(1) Area	(2) Access Details
North Lincolnshire	Temporary construction access to the east of Brantwood at the location shown as Work No 6C on sheet 1 of the access and rights of way plans.
North Lincolnshire	Improvement of existing private access off Soff Lane to provide temporary construction access at Work No. 6B on sheet 1 of the access and rights of way plans.
East Riding of Yorkshire	Improvement works to the private track at Rose Hill Farm at the location shown as Work No. 9B on sheets 7 and 8 of the access and rights of way plans.

SCHEDULE 8 — Land of which temporary possession may be taken

(1) Area	(2) Plot number of land shown on land plans	(3) Purpose for which temporary possession may be taken	(4) Relevant part of the authorised development
North Lincolnshire; East Riding of Yorkshire	31, 32, 33, 35.1, 35.2, 39.2, 42, 44, 50, 51, 52, 53, 54.1, 54.2, 55, 56, 57, 58, 59, 60, 72, 74, 78, 79, 86	Construction and carrying out of the authorised project and purposes ancillary hereto.	Work No. 1A Work No. 1B Work No. 1C
North Lincolnshire	74, 75, 77, 78, 80, 82, 84, 85, 86	Construction and carrying out of the authorised project and purposes ancillary hereto.	Work No. 2A Work No. 2B Work No. 2C
East Riding of Yorkshire	9, 12, 13, 14, 15, 17, 18, 35.1, 35.2, 44	Construction and carrying out of the authorised project and purposes ancillary hereto.	Work No. 3C Work No. 3E
North Lincolnshire	60, 61, 62, 64, 65, 66, 67, 68, 69, 70, 73, 74, 76, 77, 78, 79, 80, 81, 82, 83, 84, 88, 89, 91, 100, 101, 102, 105, 106	Temporary construction, laydown and work areas for the construction and carrying out of the authorised project and purposes ancillary or incidental thereto.	Work No. 4A Work No. 4B Work No. 4C Work No. 4D
East Riding of Yorkshire	19, 20.1, 20.2,, 21, 22, 23, 24, 25, 27.1, 27.2, 28, 31, 32, 33, 34, 38, 39.2, 42, 43	Temporary construction, laydown and work areas for the construction and carrying out of the authorised project and purposes ancillary or incidental thereto.	Work No. 3E Work No. 5A Work No. 5B
East Riding of Yorkshire	46	Construction access for the construction and varying out of the authorised project and purposes ancillary and incidental hereto.	Work No. 1C Work No. 5A
North Lincolnshire	91, 92, 93, 94, 107, 108, 109, 110, 111, 112, 115, 116.1, 116.2, 117, 119, 121, 122, 123, 124, 125, 126, 127, 129, 130, 131	Construction access works for the construction and carrying out of the authorised project and purposes ancillary or incidental thereto.	Work No. 6
East Riding of Yorkshire	47, 48, 49, 50, 51, 52, 53, 54.1	Settlement monitoring in relation to Work No. 1 and purposes ancillary or incidental thereto.	Work No. 7
North Lincolnshire	60, 69	Settlement monitoring in relation to Work No. 1 and purposes ancillary or incidental thereto.	Work No. 8
East Riding of Yorkshire	1, 2, 3, 6, 7, 8, 9, 10, 16	Construction access works for the construction and carrying out of the authorised project and purposes ancillary or incidental thereto.	Work No. 9
North Lincolnshire	102, 103, 104	The storage of spoil in relation to the construction and carrying out of the authorised project and purposes ancillary or incidental thereto.	Work No. 10
North Lincolnshire	67, 71, 72, 132, 133	Environmental management and mitigation for alternative roosting or foraging for birds during the construction of the authorised project and purposes ancillary or incidental thereto.	Work No. 11 and Work No.13
North Lincolnshire	62, 63, 64	Construction and carrying out of the authorised project, temporary abstraction hoses, temporary caged high head pumps and purposes ancillary or incidental thereto.	Work No. 12

SCHEDULE 9 — Deemed marine licence under Part 4 (Marine licensing) of the Marine and Coastal Access Act 2009

PART 1 — Introduction

Interpretation

1

• (1) In this licence—

• “the 2008 Act” means the Planning Act 2008²⁶;

• “the 2009 Act” means the Marine and Coastal Access Act 2009²⁷;

• “ancillary works” means the ancillary works described in Part 2 of Schedule 1 (authorised project) and any other works authorised by the Order that are not development within the meaning of section 32 of the 2008 Act;

• “authorised development” means the development described in Part 1 of Schedule 1 and any other development authorised by the Order that is development within the meaning of section 32 of the 2008 Act;

• “authorised project” means the authorised development and the ancillary works;

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

• “licensable activity” means an activity licensable under section 66 of the 2009 Act;

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

• “MMO” means the Marine Management Organisation;

• “Order” means The River Humber Gas Pipeline Replacement Order 2016;

• “undertaker” means National Grid Gas plc (registered company number 2006000); and

• “Work No. 12” means temporary abstraction hoses connected to temporary caged high head pumps shown hatched green on works plans sheet 5 listed in Schedule 2 to the Order.

• (2) Unless otherwise specified, all geographical co-ordinates given in this licence 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 Schedule is the Marine Management Organisation, Marine Licensing Team, Lancaster House, Newcastle Business Park, Newcastle upon Tyne, NE4 7YH, telephone 0300 123 1032, and where contact to the local MMO office is required, the following contact details should be used: Eastern Marine Area, Marine Management Organisation, Estuary House, Wharncliffe Road, Grimsby, Lincolnshire DN31 3QL, telephone 01472 355 112, email Grimsby@marinemanagement.org.uk.

• (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.consents@marinemanagement.org.uk.

PART 2 — Licensed activities

3

• (1) 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—

• (a) form part of, or are related to, the authorised project; and

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

• (2) Such activities are authorised in relation to the construction maintenance and operation of—

• Work No. 12 – the construction of works in or over the sea and/or on or under the sea bed by the temporary placing of caged high head pumps and suction hoses in the River Humber at Goxhill, North Lincolnshire;

• (3) The grid coordinates for the offshore limits of Work No. 12 are specified below and more particularly shown on sheet 5 of the works plans listed in Schedule 2 to the Order—

Point	Degrees	Minutes	Seconds
A	N53	41	44
A	W-0	15	51
B	N53	41	42
B	W-0	15	51
C	N53	41	41
C	W-0	15	57
D	N53	41	40
D	W-0	15	56

PART 3 — Conditions

4

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

5

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

6

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 Control Guidelines.

7

The licence holder must ensure that any equipment, temporary structures, waste and debris associated with the works are removed within 6 weeks of completion of the licensed activity.

8

The licence holder must ensure that the MMO local Marine Office is notified of the completion of works and operations at least 10 days following the completion of the works.

9

The licence holder must notify the MMO in writing of any agents, contractors or sub-contractors that will carry on any licensed activity listed in this licence on behalf of the licence holder. Such notification must be received by the MMO no less than 24 hours before the commencement of the licensed activity. The licence holder must ensure that a copy of this licence and any subsequent revisions or amendments has been provided to, read and understood by any agents, contractors or sub-contractors that will carry on the licensed activity on behalf of the licence holder.

SCHEDULE 10 — Protective provisions

PART 1 — For the protection of electricity, gas, water and sewerage undertakers

Application

1

For the protection of the statutory undertakers referred to in this Part of this Schedule (save for Anglian Water and Centrica which are protected by Parts 4 and 5 of this Schedule) the following provisions, unless otherwise agreed in writing at any time between the undertaker and the statutory undertaker concerned, have effect.

Interpretation

2

In this Part of this Schedule—

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

• “apparatus” means—in the case of an electricity statutory undertaker, electric lines or electrical plant (as defined in the 1989 Act, belonging to or maintained by that electricity statutory undertaker for the purposes of electricity supply;in the case of a gas statutory undertaker, any mains, pipes or other apparatus belonging to or maintained by that gas transporter for the purposes of gas supply;in the case of a water statutory undertaker, mains, pipes or other apparatus belonging to or maintained by that water statutory undertaker for the purposes of water supply; andin the case of a sewerage statutory undertaker—any drain or works vested in the statutory undertaker under the Water Industry Act 1991 and Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011²⁸; 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 in each case 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;

• “functions” includes powers and duties;

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

• “pipeline” means the whole or any part of a pipeline belonging to or maintained by an statutory undertaker and includes any ancillary works and apparatus;

• “plan” includes a section and description of the works to be executed;

• “statutory undertaker” means—any licence holder within the meaning of Part 1 of the 1989 Act;a gas transporter within the meaning of Part 1 of the Gas Act 1986²⁹;a water statutory undertaker within the meaning of the Water Industry Act 1991; anda sewerage statutory undertaker within the meaning of Part 1 of the Water Industry Act 1991,for the area of the authorised project, and in relation to any apparatus, means the statutory undertaker to whom it belongs or by whom it is maintained.

On-street apparatus

3

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

Acquisition of apparatus

4

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

Removal of apparatus

5

• (1) If, in the exercise of the powers conferred by this Order, 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 a statutory undertaker to maintain that apparatus in that land must not be extinguished until alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the statutory undertaker in question.

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

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

• (4) The statutory undertaker in question must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 46 (arbitration), and after the grant to the statutory undertaker of any such facilities and rights as are referred to in sub-paragraph (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.

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

Retained apparatus: protection

6

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

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

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

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

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

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

Cathodic protection testing

7

Where in the reasonable opinion of the statutory undertaker—

• (a) the authorised project might interfere with the existing cathodic protection forming part of a pipeline; or

• (b) a pipeline might interfere with the proposed or existing cathodic protection forming part of the authorised project,

the statutory undertaker to whom the pipeline belongs, or who maintains that pipeline, and the undertaker must co-operate in undertaking the tests which the statutory undertaker considers reasonably necessary for ascertaining the nature and extent of such interference and measures for providing or preserving cathodic protection.

Expenses

8

• (1) Subject to the following provisions of this paragraph, the undertaker must repay to a statutory undertaker the reasonable expenses reasonably incurred by that statutory undertaker in, or in connection with—

• (a) the inspection, removal, alteration or protection of any apparatus; or

• (b) the construction of any new apparatus, which may be required in consequence of the execution of any such works as are required under this Part of this Schedule.

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

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

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

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

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 46 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the statutory undertaker in question by virtue of sub-paragraph (1) is to be reduced by the amount of that excess.

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

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

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

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

Co-operation

9

Where in consequence of the proposed construction of any of the authorised project, the undertaker requires the removal of apparatus under sub-paragraph 5(2)) or a statutory undertaker makes requirements for the protection or alteration of apparatus under paragraph 6(2), the undertaker must use its reasonable endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised project; and each statutory undertaker must use its reasonable endeavours to co-operate with the undertaker for that purpose.

Arbitration

10

Any difference or dispute arising between the undertaker and a statutory undertaker under this Schedule is, unless otherwise agreed in writing between the undertaker and that statutory undertaker, to be determined by arbitration in accordance with article 46 (arbitration).

PART 2 — For the protection of operators of Electronic Communication Code Networks

Effect

1

For the protection of any operator, the following provisions, unless otherwise agreed in writing between the undertaker and the operator, have effect.

Interpretation

2

In this Part of this Schedule—

• “conduit system” has the same meaning as in the electronic communications code and references to providing a conduit system is to be construed in accordance with paragraph 1(3A) of that code;

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

• “the electronic communications code” has the same meaning as in Chapter 1 of Part 2 of the 2003 Act³⁰;

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

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

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

On-street apparatus

3

The exercise of the powers of article 33 (statutory undertakers) are subject to paragraph 23 of Schedule 2 to the Telecommunication Act 1984³¹ as if the undertaker were a “relevant undertaker” for the purposes of that paragraph.

Enactments and agreements in respect of apparatus in the undertaker’s land

4

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

Arbitration

5

Any difference or dispute arising between the undertaker and an operator under this Part of this Schedule is, unless otherwise agreed in writing between the undertaker and that operator, to be referred to and settled by arbitration under article 46 (arbitration).

PART 3 — For the protection of the Environment Agency

1

• (1) The following provisions apply for the protection of the Agency unless otherwise agreed in writing between the undertaker and the Agency.

• (2) In this Part of this Schedule—

• “the Agency” means the Environment Agency;

• “construction” includes execution, placing, altering, replacing, relaying and removal and “construct” and “constructed” are construed accordingly;

• “drainage work” for the purposes of this part means any watercourse and includes any land which provides or is expected to provide flood storage capacity for any watercourse and any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage, flood defence, sea defence or tidal monitoring and any ancillary works constructed as a consequence of works carried out for drainage purposes;

• “a main river” and “ordinary watercourse” have the meanings given by respectively the Water Resources Act 1991 and the Land Drainage Act 1991;

• “plans” includes sections, drawings, specifications and method statements;

• “realignment scheme” means the future realignment of the flood defences at Goxhill by the Agency;

• “specified work” means so much of any work or operation authorised by this Order as is in, on, under, over or within 16 metres of a drainage work or 8 metres of a main river, or is otherwise likely to:affect any drainage work or the volumetric rate of flow of water in or flowing to or from any drainage work;affect the flow, purity or quality of water in any watercourse or other surface waters or groundwater; oraffect the conservation, distribution or use of water resources

2

• (1) Before beginning to construct any specified work, the undertaker must submit to the Agency plans of the specified work and such further particulars available to it as the Agency may within 28 days of the submission of the plans reasonably require.

• (2) Any such specified work must not be constructed except in accordance with such plans as may be approved in writing by the Agency, or determined under paragraph 25.

• (3) Any approval of the Agency required under this paragraph—

• (a) must not be unreasonably withheld or delayed;

• (b) is deemed to have been given if it is neither given nor refused within 2 months of the submission of the plans for approval, or submission of further particulars if required by the Agency under sub-paragraph (1), and, in the case of a refusal, accompanied by a statement of the grounds of refusal; and

• (c) may be given subject to such reasonable requirements as the Agency may make for the protection of any drainage work or water resources for the prevention of pollution or in the discharge of its environmental duties.