The North London Heat and Power Generating Station Order 2017

No authorised development (except enabling works and the temporary display of site notices and advertisements) is to commence until a written scheme setting out all the stages of construction of the authorised development has been submitted to and approved by the relevant planning authority. Nothing in this Requirement prevents the undertaker from submitting further written schemes revising the approved stages of development for the approval of the relevant planning authority.

Detailed design approval

4

• (1) No stage of the authorised development is to commence until, for that stage, plans and written details of (where relevant)—

• (a) the external appearance of all new buildings and structures (including details of the colour, materials and samples);

• (b) piling risk assessments and piling method statements (both of which must include lateral and vertical limits of deviation for piling, such limits to not exceed those lines or situations shown on the works plans) relating to the electricity and heat generating station (Works No. 1a), the resource recovery facility (Works No. 2) and the building to provide visitor, community and education facilities and office accommodation (Works No. 3);

• (c) vehicular and pedestrian access;

• (d) parking and circulation areas and hard surfacing materials;

• (e) wayfinding signage outside the operational site; and

• (f) external operational lighting and cctv on the boundary of the operational site,

have been submitted to and approved in writing by the relevant planning authority.

• (2) The details submitted under paragraph (1) must be in accordance with the design code principles.

• (3) The undertaker must consult the Environment Agency in relation to the details of the piling risk assessments and piling method statements required pursuant to paragraph (1) before submitting them to the relevant planning authority for approval. The undertaker must implement the piling design based on the approved piling risk assessments and piling method statements.

• (4) The relevant planning authority must consult the Environment Agency in reaching its decision with respect to paragraph (1)(b). The approval of the relevant planning authority of the piling risk assessments and the piling method statements may be given only where the investigation and assessment report (pursuant to Requirement 14(2)) has concluded there is no unacceptable risk to groundwater in the relevant part of the Order land.

• (5) The authorised development must be carried out in accordance with the plans and details approved under paragraph (1).

Parameters

5

The authorised development must be constructed within the following parameters—

• (1) Works No. 1a (Drawing C_0003 Rev 01 of the works plans)—

Description	Works No.	Length (m)	Width (m)	Height (m)	Height (m AOD)
Tipping hall	Works No. 1a (a)(i)	48	74	31.5	+44.0 AOD
Waste bunker and waste handling equipment	Works No. 1a (a)(ii)	42.3	85	44.5	+57.0 AOD
Two process lines consisting of a moving grate, furnace, boiler and flue gas treatment plant and steam turbines	Works No. 1a (a)(iii) and (v)	130.7	74	56.5	+69.0 AOD
Facilities for the recovery of incinerator bottom ash and air pollution control residue	Works No. 1a (a)(iv)	Below ground only
Control room containing operational and environmental control and monitoring systems and offices	Works No. 1a (a)(vi)	65.6	21	44.5	+57 AOD
Stack containing flues for flue gas exhaust	Works No. 1a (c)	24	12.5	105	+117.5 AOD
Cooling equipment	Works No. 1a (d)	60	24	28.7	+41.2 AOD
Observation platform enclosure	Works No.1a (e)	17	13	6 (above +44.0 AOD)	+50 AOD

• (2) Works No. 1b (Drawing C_0002 Rev 01 of the works plans)—

Description	Works No.	Height (m)	Height (m AOD)
Wastewater treatment facility, water pre-treatment plant, external stores and workshops, fuelling area and fuel storage, vehicle wash, transport offices and staff facilities, toilets, natural gas intake and management compound, fire control water tanks and electrical substations	Works No. 1b	18	30.5

• (3) Works No. 2 (Drawing C_0005 Rev 01 of the works plans)—

Description	Works No.	Length (m)	Width (m)	Height (m)	Height (m AOD)
Resource recovery facility	Works No. 2 (a), (b) and (c)	127	180	20	+30.5 AOD
Maximum dimensions based on dimensions of enclosing rectangle oriented north-south.	Maximum dimensions based on dimensions of enclosing rectangle oriented north-south.	Maximum dimensions based on dimensions of enclosing rectangle oriented north-south.	Maximum dimensions based on dimensions of enclosing rectangle oriented north-south.	Maximum dimensions based on dimensions of enclosing rectangle oriented north-south.	Maximum dimensions based on dimensions of enclosing rectangle oriented north-south.

• (4) Works No. 3 (Drawing C_0007 Rev 01 of the works plans)—

Description	Works No.	Length (m)	Width (m)	Height (m)	Height (m AOD)
Visitor, community and education facilities, office accommodation and boat canopy	Works No. 3	41	16.7	14	+24.6 AOD

Environmental commitments and mitigation schedule

6

The authorised development must be implemented in accordance with the measures set out in the environmental commitments and mitigation schedule.

Type of waste to be managed

7

Subject to Requirement 19(2), the waste permitted to be managed at the authorised development must not exceed 890,000 tonnes per annum and must be limited to—

• (a) local authority collected waste;

• (b) other controlled waste;

• (c) any materials derived from the waste referred to in sub-paragraphs (a) and (b) above; and

• (d) hazardous waste delivered to the operational site.

Notices

8

The undertaker must give notice of the following events to the relevant planning authority where practicable prior to the date on which the event is intended to first occur and in any event within 7 days of the first occurrence of the event—

• (a) the commencement of the authorised development;

• (b) the issue of the certificate of practical completion for the electricity and heat generating station; and

• (c) the commencement of the full operation of the electricity and heat generating station (following the completion of any period of testing and commissioning).

BREEAM rating

9

• (1) No stage of the authorised development is to commence until, in relation to any new buildings within that stage (excluding temporary structures and temporary buildings)—

• (a) a pre-construction stage consultation with the Building Research Establishment (BRE) (in accordance with the BRE’s requirements) has been carried out; and

• (b) proposals identifying the range of options to achieve the British Research Establishment Environmental Assessment Methodology (BREEAM) rating of no less than “very good” have been submitted to and approved in writing by the relevant planning authority.

• (2) The relevant stage must be carried out in accordance with the details approved under paragraph (1).

Provision of landscaping

10

• (1) No stage of the authorised development, other than the restoration of the temporary laydown area, is to commence until a landscaping scheme for that stage has been submitted to and approved by the relevant planning authority.

• (2) The landscaping scheme submitted for approval must be in accordance with the design code principles and the environmental commitments and mitigation schedule and must include details of all proposed hard and soft landscaping works in the relevant stage including—

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

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

• (c) permanent boundary fencing or other means of permanent enclosure;

• (d) expected finished ground levels;

• (e) any trees proposed to be retained, with measures for their protection during the construction period of the relevant stages; and

• (f) implementation timetable.

• (3) The authorised development must be carried out in accordance with the details approved under paragraph (1), to a reasonable standard in accordance with the relevant recommendations of appropriate British Standards, and in all cases must comply with the measures set out in the environmental commitments and mitigation schedule.

Maintenance of landscaping

11

• (1) All landscaping implemented in accordance with an approved landscaping scheme under Requirement 10 must be maintained in accordance with details approved from time to time by the relevant planning authority.

• (2) Any tree or shrub planted as part of an approved landscaping scheme that, within a period of 5 years after planting, is removed, dies or becomes, in the reasonable 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.

Access and roads

12

• (1) No stage of the authorised development is to commence until written details in relation to that stage of—

• (a) the design, layout and management of—

• (i) any new permanent or temporary means of access from the Order land to a public highway to be used by vehicular traffic; and

• (ii) any alteration to an existing means of access from the Order land to a public highway used by vehicular traffic; and

• (b) the taking of any necessary traffic management and control measures,

have been submitted to and approved by the relevant planning authority.

• (2) The construction of accesses or alteration of the street or the taking of traffic management and control measures must be carried out in accordance with the details approved under paragraph (1).

Operational surface and foul water drainage

13

• (1) No stage of the authorised development is to commence until written details of the operational surface and foul water drainage system (including means of pollution control) applicable to that stage have been submitted to and approved by the relevant planning authority in consultation with the relevant sewerage and drainage authority.

• (2) The operational surface and foul water drainage system must be constructed in accordance with the details approved under paragraph (1) before the commencement of the transitional period.

Contaminated land and groundwater

14

• (1) No stage of the authorised development is to commence until a written scheme applicable to that stage to deal with any pre-existing contamination of land, including groundwater, within the Order limits which is likely to cause significant harm to persons or pollution of controlled waters (as defined in the Water Resources Act 1991) or the environment has been submitted to and approved by the relevant planning authority in consultation with the Environment Agency.

• (2) The undertaker must consult the Environment Agency in relation to each written scheme before submitting it to the relevant planning authority for approval.

• (3) Each written scheme submitted and approved under paragraph (1) must include an investigation and assessment report, prepared by a specialist consultant to identify the extent of any contamination and the remedial measures to be taken to render the land fit for its intended purpose (such remedial measures to include details of the data and sampling to be collected to demonstrate that the remedial measures are complete). The investigation and assessment report must be accompanied by a management plan which sets out long-term measures with respect to any contaminants remaining on the Order land (such management plan to include details of and a timetable and targets for long-term monitoring of pollutant linkages, the provision of regular reports, any maintenance measures of groundwater monitoring boreholes and equipment deemed necessary and arrangements for any contingency action deemed necessary as a consequence of the monitoring results).

• (4) Remediation must be carried out in accordance with the relevant written scheme approved under paragraph (1).

• (5) If during any stage of the construction of the authorised development contamination not previously identified in the written scheme approved for that stage under paragraph (1) is found to be present which is likely to cause significant harm to persons or likely to cause pollution of controlled waters or the environment, then unless otherwise agreed by the relevant planning authority, no further development or works may be carried out on that stage of the authorised development and in that part of the Order land in which contamination is identified until a remediation strategy is submitted to and approved by the relevant planning authority in consultation with the Environment Agency. The authorised development must be carried out in accordance with any remediation strategy approved pursuant to this paragraph.

• (6) A verification report must be submitted to and approved by the relevant planning authority (in consultation with the Environment Agency) demonstrating compliance with the remedial measures set out in any written scheme approved pursuant to paragraph (1) and any remediation strategy approved pursuant to paragraph (5). The verification report must include results of the sampling required by the approved investigation and assessment report submitted as part of any written scheme.

• (7) A second verification report must be submitted to and approved by the relevant planning authority (in consultation with the Environment Agency) when all long term monitoring has been completed. The second verification report must contain the results of monitoring required by the management plan pursuant to paragraph (2), details of any necessary contingency action undertaken as required by the management plan and confirmation that all long term remedial works approved pursuant to paragraphs (1) and (5) have been carried out and that all long term remedial targets have been met.

Ecology

15

• (1) The transitional period must not begin until written details of the approach to monitoring and managing the landscaping and the approach to bird and bat boxes (in accordance with the environmental commitments and mitigation schedule), including an implementation timetable, have been approved by the relevant planning authority.

• (2) The authorised development must be carried out in accordance with the details approved under paragraph (1).

Code of construction practice

16

• (1) Before commencing the enabling works and before commencing each stage of the authorised development, the undertaker must review the code of construction practice to establish whether it should be updated to reflect any new relevant construction methodology or environmental guidance and, where it is to be updated, the undertaker must seek the approval in writing of the relevant planning authority to any update of the code of construction practice.

• (2) The authorised development must be undertaken in accordance with the code of construction practice.

Control of noise during operational stage

17

• (1) The transitional period must not begin until a written scheme for noise management, including monitoring and attenuation in relation to the authorised development, and an implementation timetable, has been submitted to and approved by the relevant planning authority.

• (2) The written scheme for noise management submitted pursuant to paragraph (1) must replicate any noise levels set out in any environmental permit relating to the authorised development.

• (3) The authorised development must be carried out in accordance with the written scheme approved pursuant to paragraph (1).

Combined heat and power

18

• (1) Works No. 1a must be constructed to produce combined heat and power through the provision of steam and hot water pass-outs and the preservation of space for the future provision of water pressurisation, heating and pumping systems.

• (2) A corridor of land to contain heat pipes from the proposed electricity and heat generating station to the edge of the Edmonton EcoPark must be safeguarded, the location of which must be broadly in accordance with that identified on indicative drawing number D_0013 Rev 00 of the design code principles.

• (3) Prior to the full operation of the authorised development the undertaker must submit to the relevant planning authority for its approval a written scheme on combined heat and power feasibility assessing potential commercial opportunities for the use of heat from the authorised development as part of a Good Quality Combined Heat and Power scheme (as defined in Combined Heat and Power Quality Assurance Standard Issue 6) and providing for subsequent reviews of such opportunities.

Transitional period

19

• (1) The transitional period must not last for longer than 12 months. After the transitional period the decommissioning and demolition of the energy from waste facility must be undertaken in accordance with the written scheme approved under Requirement 20.

• (2) The amount of waste managed by the existing energy from waste facility or the electricity and heat generating station (or both) during the transitional period must be no more than 700,000 tonnes per annum in aggregate.

Decommissioning and demolition of the energy from waste facility

20

• (1) None of the works comprising Works No. 7 are to begin until a written scheme for such works has been submitted to and approved by the relevant planning authority in consultation with the Environment Agency.

• (2) The written scheme referred to in paragraph (1) must include details of the methods and timing for the decommissioning, demolition and removal of the energy from waste facility.

Decommissioning and demolition of the electricity and heat generating station

21

• (1) Within 24 months of the electricity and heat generating station comprising Works No. 1a ceasing to be used for waste management purposes, a plan for the decommissioning, demolition and removal of the electricity and heat generating station must be submitted to the relevant planning authority for approval.

• (2) Subject to obtaining the necessary consents and approvals, the decommissioning, demolition and removal of the electricity and heat generating station must be implemented in accordance with the plan approved under paragraph (1).

• (3) On the first anniversary of the operational site ceasing to be used for waste management purposes, the undertaker must notify the relevant planning authority of the same.

SCHEDULE 3 — PROCEDURE FOR APPROVALS, CONSENTS AND APPEALS

Applications made for approvals and consents required by this Order

1

• (1) If an application has been made to a discharging authority for any consent, agreement, approval or notice required by a provision of this Order, the discharging authority must give notice to the undertaker of its decision on the application promptly and in any event within a period of 56 days (unless another period is provided for under this Order) beginning with the working day immediately following that on which the application is received by the discharging authority.

• (2) The discharging authority must either approve or refuse the application in a written notice.

• (3) Where an application is refused the discharging authority must provide its reasons for the refusal.

• (4) If within 56 days (unless another period is provided for under this Order) the discharging authority has not notified the undertaker of its approval or refusal of the application and the reasons for any refusal, the discharging authority is (unless the parties have agreed otherwise in writing) deemed to have approved the application.

• (5) Where the discharging authority intends to refuse an application, it must notify the undertaker of its intention to refuse as soon as such intention arises within the 56-day decision making period.

Further information

2

• (1) In relation to any application for a consent, agreement, approval or notice in respect of a provision of this Order, subject to sub-paragraph (3) the discharging authority may request such further information from the undertaker as is necessary to enable it to consider the application.

• (2) Where consent, agreement, approval or notice is required under a provision in this Order or by the code of construction practice (unless this Order or the code of construction practice requires that a consent be obtained pursuant to section 61 of the Control of Pollution Act 1974²²), the discharging authority must, in addition to any named consultee in the relevant provision, consult all other relevant and appropriate statutory consultees before deciding whether to approve or refuse an application under paragraph 1.

• (3) Any request by the discharging authority for further information under sub-paragraph (1) must be made in writing within 24 days of receipt of the application and must specify the further information required.

• (4) In the event that the discharging authority does not make a request for further information under this paragraph within the 24 day period referred to in sub-paragraph (3) it will be deemed to have sufficient information to consider the application and may not after that period request further information (unless agreed in writing between the undertaker and the discharging authority within that 24 day period).

Fees further to Requirements

3

• (1) Where an application is made to the discharging authority for written consent, agreement or approval in respect of a Requirement, a fee must be paid to that authority as follows—

• (a) fees must be calculated in accordance with the following table—

Category 1

Category 2

Subject to the cap stated below, the erection of buildings— where no floor space is to be created by the development, £195; where the area of gross floor space to be created by the development does not exceed 40 square metres, £195; where the area of the gross floor space to be created by the development exceeds 40 square metres, but does not exceed 75 square metres, £385; where the area of the gross floor space to be created by the development exceeds 75 square metres, but does not exceed 3750 square metres, £385 for each 75 square metres of that area; and where the area of gross floor space to be created by the development exceeds 3750 square metres, £19,449; and an additional £115 for each additional 75 square metres. Total Cap: £100,000.

The carrying out of any operations not coming within Category 1, £195 for each 0.1 hectare of the site area, subject to a maximum £1,690.

• (b) where an application is made for the discharge of a Requirement (“current application”) in respect of which an application has been made previously, the fee payable in respect of the current application is £385.

• (2) For the purpose of the calculation of fees under sub-paragraph (1)(a)—

• (a) the area is to be taken as consisting of the area of land or floor space (as the case may be) to which the application relates;

• (b) where the application relates to development within Category 1, the area of gross floor space created by the development is to be ascertained by external measurement of the floor space, whether or not it is bounded (wholly or partly) by external walls of a building;

• (c) where the application relates to development within Category 1 and the gross floor space to be created by the development exceeds 75 square metres and is not an exact multiple of 75 square metres, the area remaining after division of the total number of square metres of gross floorspace by the figure of 75 is to be treated as being 75 metres; and

• (d) where the application relates to development within Category 2 and the site area exceeds 0.1 hectares and is not an exact multiple of 0.1 hectares, the area remaining after division of the total number of hectares by the figure of 0.1 hectares is to be treated as being 0.1 hectares.

Appeals

4

• (1) Save as otherwise provided in this Order, the undertaker may appeal in the event that—

• (a) the discharging authority refuses an application for any consent, agreement, approval or notice required or permitted by—

• (i) a Requirement included in this Order; or

• (ii) a document referred to in any Requirement included in this Order (unless such consent, agreement, approval or notice has to be obtained by virtue of any other legal requirement); or

• (iii) any other provision of this Order;

• (b) the discharging authority grants an application for any consent, agreement, approval or notice required or permitted by this Order subject to conditions;

• (c) the discharging authority issues a notice under sections 60 and or 61 of the Control of Pollution Act 1974;

• (d) on receipt of a request for further information under paragraph 2 of this Schedule, the undertaker considers that either the whole or part of the specified information requested by the discharging authority is not necessary for consideration of the application; or

• (e) on receipt of any further information requested, the discharging authority notifies the undertaker that the information provided is inadequate and requests additional information which the undertaker considers is not necessary for consideration of the application.

• (2) The appeal process is as follows—

• (a) any appeal by the undertaker must be made within 42 days of the date of the notice of the decision or determination giving rise to the appeal as referred to in sub-paragraph (1);

• (b) the undertaker must submit the appeal documentation to the Secretary of State and must on the same day provide copies of the appeal documentation to the discharging authority and any Requirement consultee and must on the same date affix a notice to a conspicuous object or objects on or near the site of the works which are the subject of such appeal which must give details of the decision of the discharging authority and of the application and notice that an appeal has been made together with the address within the locality where appeal documents may be inspected;

• (c) as soon as is practicable after receiving the appeal documentation, the Secretary of State must appoint a person to consider the appeal (“the appointed person”) and must notify the appeal parties of the identity of the appointed person and the address to which all correspondence for the appointed person’s attention should be sent;

• (d) the discharging authority and any Requirement consultee (if applicable) must submit their written representations together with any other representations received by them under the application referred to in sub-paragraph (1) or the notice of appeal referred to in sub-paragraph (2)(a) to the appointed person in respect of the appeal within 10 business days of the notice of appointment in sub-paragraph (2)(c) and must ensure that copies of their written representations and any other representations as sent to the appointed person are sent to each other and to the undertaker on the day on which they are submitted to the appointed person;

• (e) the appeal parties must make any counter-submissions to the appointed person within 10 business days of receipt of written representations pursuant to sub-paragraph (2)(d); and

• (f) the appointed person must make a decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable.

• (3) The appointment of the person under sub-paragraph (2)(c) may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State.

• (4) In the event that the appointed person considers that further information is necessary to enable the appointed person to consider the appeal, the appointed person must as soon as practicable notify the appeal parties in writing specifying the further information required, the appeal party from whom the information is sought, and the date by which the information is to be submitted.

• (5) Any further information required under sub-paragraph (4) must be provided by the party from whom the information is sought to the appointed person and to other appeal parties by the date specified by the appointed person. The appointed person must notify the appeal parties of the revised timetable for the appeal on or before that day. The revised timetable for the appeal must require submission of written representations to the appointed person within 10 business days of the date by which the further information is to be submitted but must otherwise be in accordance with the process and time limits set out in paragraphs 4(2)(c) - (2)(e).

• (6) On an appeal under this paragraph, the appointed person may—

• (a) allow or dismiss the appeal, or

• (b) reverse or vary any part of the decision of the discharging authority (whether the appeal relates to that part of it or not),

and may deal with the application as if it had been made to the appointed person in the first instance.

• (7) The appointed person may proceed to a decision on an appeal taking into account such written representations as have been sent within the relevant time limits and in the appointed person’s sole discretion such written representations as have been sent outwith the relevant time limits.

• (8) The appointed person may proceed to a decision even though no written representations have been made within the relevant time limits, if it appears to the appointed person that there is sufficient material to enable a decision to be made on the merits of the case.

• (9) The decision of the appointed person on an appeal is final and binding on the parties, and a court may entertain proceedings for questioning the decision only if the proceedings are brought by a claim for judicial review.

• (10) If an approval is given by the appointed person under this Schedule, it is to be treated as an approval for the purposes of this Order as if it had been given by the discharging authority. The discharging authority must confirm any determination given by the appointed person in identical form in writing but a failure to give such confirmation (or a failure to give it in identical form) is not be taken to affect or invalidate the effect of the appointed person’s determination.

• (11) Save where a direction is given under sub-paragraph (12) requiring the costs of the appointed person to be paid by the discharging authority, the reasonable costs of the appointed person must be met by the undertaker.

• (12) On application by the discharging authority or the undertaker, the appointed person may give directions as to the costs of the appeal and as to the parties by whom the costs of the appeal are to be paid. In considering whether to make any such direction and the terms on which it is to be made, the appointed person must have regard to Planning Practice Guidance or any circular or guidance which may from time to time replace it.

SCHEDULE 4 — STREETS SUBJECT TO STREET WORKS

(1) Area	(2) Streets subject to street works
In the London Borough of Enfield.	The section of Lee Park Way starting from the junction with Advent Way, to the new access on the eastern edge of the Edmonton EcoPark from Lee Park Way. This section is within plots 14, 15, 21, 22 and 32 on the land plans.
In the London Borough of Enfield.	The section of Lee Park Way to north of the new access to be created on the eastern edge of the Edmonton EcoPark. This section is within plot 15 on the land plans.
In the London Borough of Enfield.	The section of Ardra Road, from its junction with Deephams Farm Road, to its junction with Meridian Way. This section is within plots 7 and 8 on the land plans.
In the London Borough of Enfield.	The section of Lower Hall Lane, from its junction with Walthamstow Avenue leading to proposed the temporary laydown area. This section is within plots 18, 19 and 20 on the land plans.
In the London Borough of Enfield.	The section of Advent Way at the entrance south of the Edmonton EcoPark. This section is within plot 31 on the land plans.
In the London Borough of Enfield.	The sections of cycle path within plots 14, 15, 17, 20, 21, 22, 24, 26, 27, and 32 on the land plans and also as shown on drawings C_0012 Rev 01, C_0013 Rev 00 and C_0014 Rev 01 of the works plans.
In the London Borough of Enfield.	The sections of footpaths within plots 8, 14, 15, 17, 21, 22, 24, 27, 28, 29, 30, 31 and 32 on the land plans and also as shown on drawings C_0012 Rev 01, C_0013 Rev 00 and C_0014 Rev 01 of the works plans.
In the London Borough of Enfield.	The section of the tow path running along the eastern side of the River Lee Navigation, within plot 17 on the land plans.
In the London Borough of Enfield.	Deephams Farm Road, which is plot 6 on the land plans.

SCHEDULE 5 — STREETS SUBJECT TO ALTERATION OF LAYOUT

(1) Area	(2) Street to be altered	(3) Description of alteration	(4) Works number
In the London Borough of Enfield.	The section of Advent Way shown within plot 31 on the land plans.	Works to widen the existing access from Advent Way into the Edmonton EcoPark, including modification to kerb lines and pavements within plot 31.	4(g)
In the London Borough of Enfield.	The section of Lee Park Way shown within plots 14, 15, 21, 22 and 32 on the land plans.	Works to reposition footpaths and cycle paths that run along the section of Lee Park Way falling within plots 14, 15, 21, 22 and 32. Works to create a new access branching off the section of Lee Park Way within plot 15, into the Edmonton EcoPark. The installation of vehicle barriers on Lee Park Way near the new access from Lee Park Way into the Edmonton EcoPark and on Lee Park Way near its junction with Advent Way.	4(i) and (j)
In the London Borough of Enfield.	Deephams Farm Road.	Works to upgrade Deephams Farm Road to make it suitable for operational and construction traffic, including provision of a new security barrier and gatehouse, works to improve the road surface, and new fencing.	4(k), (m) and (n)
In the London Borough of Enfield.	Land on the verge of Lee Park Way within plots 28 and 29 as shown on the land plans.	Modification to kerb lines and pavements within these verges that fall within plots 28 and 29.	4(q)
In the London Borough of Enfield.	Footpath within plot 21 as shown on the land plans.	Creation of a new footpath to branch out from the existing footpath within this plot 21 south east towards Advent Way.	4(r)

SCHEDULE 6 — PUBLIC RIGHTS OF WAY TO BE TEMPORARILY SUSPENDED

(1) Area	(2) Public right of way to be temporarily suspended	(3) Extent of temporary suspension	(4) Temporary new public right of way to be provided in substitution
In the London Borough of Enfield.	The section of pavement on the north side of Advent Way within plots 30 and 31, as shown on the land plans, drawing C_0013 Rev 00 of the works plans and in more detail on diagram 1 on page 2 of the DCO Schedules 6-8 explanatory diagrams.	For approximately 41 metres on Advent Way and into the southern entrance to the Edmonton EcoPark.	Approximately 42 metres of temporary footpath in the area shown cross hatched at the southern exit entrance to the Edmonton EcoPark leading onto Advent Way as shown on drawing C_0013 Rev 00 of the works plans.
In the London Borough of Enfield.	The section of footpath and pavement running parallel with Advent Way to after the junction of Advent Way with Lee Park Way within plots 22, 24, 27, 28 and 29, as shown on the land plans, drawing C_0014 Rev 01 of the works plans and in more detail on diagram 2 on page 3 of the DCO Schedules 6-8 explanatory diagrams.	For approximately 130 metres within plots 27, 24, 28, 22 and 29 shown on the land plans and on drawing C_0014 Rev 01 of the works plans.	Approximately 130 metres of temporary footpath in the area shown cross hatched bordering the northern edge of Advent Way and the southern section of Lee Park Way as shown on drawing C_0014 Rev 01 of the works plans.
In the London Borough of Enfield.	The section of footpath and cycle path running from the junction of Advent Way with Lee Park Way and along Lee Park Way within plots 14, 15, 21, 22 and 32, as shown on the land plans, drawing C_0014 Rev 01 of the works plans and in more detail on diagram 3 on page 4 of the DCO Schedules 6-8 explanatory diagrams.	For approximately 315 metres within plots 14, 15, 21, 22 and 32 from the junction of Advent Way with Lee Park Way and along Lee Park Way.	Approximately 315 metres of temporary footpath and cycle path in the area shown cross hatched to the north of Advent Way and the east of the Edmonton EcoPark as shown on drawing C_0014 Rev 01 of the works plans.
In the London Borough of Enfield.	Footpath leading from Lee Park Way to the tow path on the River Lee Navigation within plot 21, as shown on the land plans, drawing C_0014 Rev 01 of the works plans and in more detail on diagram 4 on page 5 of the DCO Schedules 6-8 explanatory diagrams.	For approximately 41 metres at the point of the access to be constructed to the temporary laydown area from Lee Park Way towards the eastern bank of the River Lee Navigation (north of the bridge over the River Lee Navigation).	Approximately 41 metres of temporary footpath in the area shown cross hatched to the north of Lee Park Way and the east of the River Lee Navigation on drawing C_0014 Rev 01 of the works plans.
In the London Borough of Enfield.	Towpath, footpath and cycle path on the eastern bank of the River Lee Navigation within plots 13 and 17, as shown on the land plans, drawing C_0014 Rev 01 of the works plans and in more detail on diagram 5 on page 6 of the DCO Schedules 6-8 explanatory diagrams.	For approximately 26 metres under the bridge over the River Lee Navigation forming part of Lee Park Way.	Approximately 201 metres of temporary footpath in the area shown on drawing C_0014 Rev 01 of the works plans.
In the London Borough of Enfield.	Cycle path on Lower Hall Lane within plot 20, as shown on the land plans, drawing C_0014 Rev 01 of the works plans and in more detail on diagram 6 on page 7 of the DCO Schedules 6-8 explanatory diagrams.	For approximately 59 metres across the part of Lower Hall Lane bordering the access from Lower Hall Lane to the temporary laydown area.	Approximately 59 metres of temporary footpath in the area shown cross hatched across Lower Hall Lane leading to the junction with Walthamstow Avenue on drawing C_0014 Rev 01 of the works plans.
In the London Borough of Enfield.	Cycle path running parallel with Advent Way to after the junction of Advent Way with Lee Park Way, within plots 17, 27, 24, 22 and 21, as shown on the land plans, drawing C_0014 Rev 01 of the works plans and in more detail on diagram 7 on page 8 of the DCO Schedules 6-8 explanatory diagrams.	For approximately 131 metres across plots 17, 27, 24, 22, 21 on the land plans, running to the north of Advent Way, east of the tow path running along the western edge of the River Lee Navigation, cutting across Lee Park Way and towards Lower Hall Lane.	Approximately 131 metres of temporary footpath in the area shown cross hatched across plots 17, 27, 24, 22, 21 on the land plans on the land to the east of the River Lee Navigation and north of Advent Way, as shown on drawing C_0014 Rev 01 of the works plans.

SCHEDULE 7 — PUBLIC RIGHTS OF WAY TO BE EXTINGUISHED

(1) Area	(2) Public right of way to be extinguished	(3) Extent of public right of way to be extinguished	(4) New public right of way to be substituted
In the London Borough of Enfield.	The section of footpath and cycle path on Lee Park Way within plots 14, 15, 21, 22 and 32 as shown on the land plans and in more detail on diagram 8 on page 9 of the DCO Schedules 6-8 explanatory diagrams.	For approximately 315 metres from the junction of Advent Way and Lee Park Way leading north as shown hatched red on drawing C_0014 Rev 01 of the works plans on Lee Park Way.	Approximately 315 metres of footpath along Lee Park Way and approximately 314.5 metres of cycle path along Lee Park Way within plots 14, 15, 21, 22 and 32 on the land plans and as shown on drawing C_0014 Rev 01 of the works plans.

SCHEDULE 8 — STREETS TO BE TEMPORARILY STOPPED UP

(1) Area	(2) Street to be temporarily stopped up	(3) Extent of temporary stopping up
In the London Borough of Enfield.	Advent Way, within plot 31, as shown on the land plans and on drawing C_0013 Rev 00 of the works plans.	For approximately 42 metres at the entrance to the south of the Edmonton EcoPark within plot 31, as shown on the land plans, drawing C_0013 Rev 00 of the works plans and in more detail on diagram 9 on page 10 of the DCO Schedules 6-8 explanatory diagrams.
In the London Borough of Enfield.	Lee Park Way, within plots 14, 15, 21, 22 and 32, as shown on the land plans and on drawing C_0014 Rev 01 of the works plans.	For approximately 315 metres from the junction of Advent Way and along Lee Park Way within plots 14, 15, 21, 22 and 32 as shown on the land plans, drawing C_0014 Rev 01 of the works plans and in more detail on diagram 10 on page 11 of the DCO Schedules 6-8 explanatory diagrams.
In the London Borough of Enfield.	Lower Hall Lane, within plots 18, 19 and 20 as shown on the land plans and on drawing C_0014 Rev 01 of the works plans.	For approximately 41 metres from the junction of Lower Hall Lane and Walthamstow Avenue to the entrance to the temporary laydown area from Lower Hall Lane, within plots 18, 19 and 20 as shown on the land plans, drawing C_0014 Rev 01 of the works plans and in more detail on diagram 11 on page 12 of the DCO Schedules 6-8 explanatory diagrams.
In the London Borough of Enfield.	Ardra Road, within plots 7 and 8, as shown on the land plans and on drawing C_0012 Rev 01 of the works plans.	For approximately 470 metres on plots 7 and 8 between the junction between Ardra Road and Meridian Way and the junction between Ardra Road and Deephams Farm Road as shown on the land plans, drawing C_0012 Rev 01 of the works plans and in more detail on diagram 12 on page 13 of the DCO Schedules 6-8 explanatory diagrams.
In the London Borough of Enfield.	Tow path, footpath and cycle path along the eastern side of the River Lee Navigation within plots 13 and 17, as shown on the land plans and drawing C_0014 Rev 01 of the works plans.	For approximately 26 metres within plots 13 and 17 from Advent Way, running north along the eastern bank of the River Lee Navigation towards the northern end of the temporary laydown area, as shown on the land plans, drawing C_0014 Rev 01 of the works plans and in more detail on diagram 13 on page 14 of the DCO Schedules 6-8 explanatory diagrams.
In the London Borough of Enfield.	Cycle path running parallel with Advent Way to the junction of Advent Way with Lee Park Way, within plots 17, 27, 24, 22, 21 as shown on the land plans and drawing C_0014 Rev 01 of the works plans.	For approximately 131 metres within plots 17, 21, 22, 24 and 27, as shown on the land plans, drawing C_0014 Rev 01 of the works plans and in more detail on diagram 14 on page 15 of the DCO Schedules 6-8 explanatory diagrams.
In the London Borough of Enfield.	Cycle path on Lower Hall Lane within plot 20, as shown on the land plans and on drawing C_0014 Rev 01 of the works plans.	For approximately 59 metres across the part of Lower Hall Lane bordering the access from Lower Hall Lane to the temporary laydown area, within plot 20, as shown on the land plans, drawing C_0014 Rev 01 of the works plans and in more detail on diagram 15 on page 16 of the DCO Schedules 6-8 explanatory diagrams.
In the London Borough of Enfield.	The section of pavement on the north side of Advent Way, within plots 30 and 31, as shown on the land plans and on drawing C_0013 Rev 00 of the works plans.	For approximately 41 metres on Advent Way and into the southern entrance to the Edmonton EcoPark, within plots 30 and 31, as shown on the land plans, drawing C_0013 Rev 00 of the works plans and in more detail on diagram 16 on page 17 of the DCO Schedules 6-8 explanatory diagrams.
In the London Borough of Enfield.	The section of footpath and pavement running parallel with Advent Way to the junction of Advent Way with Lee Park Way within plots 22, 24, 27, 28 and 29, as shown on the land plans and drawing C_0014 Rev 01 of the works plans.	For approximately 130 metres within plots 27, 24, 28, 22 and 29, as shown on the land plans, drawing C_0014 Rev 01 of the works plans and in more detail on diagram 17 on page 18 of the DCO Schedules 6-8 explanatory diagrams.
In the London Borough of Enfield.	Footpath leading from Lee Park Way to the tow path on the River Lee Navigation within plot 21 as shown on the land plans and drawing C_0014 Rev 01 of the works plans.	For approximately 37 metres from the point of the access to be constructed to the temporary laydown area from Lee Park Way towards the eastern bank of the River Lee Navigation (north of the bridge over the River Lee Navigation), within plot 21, as shown on the land plans, drawing C_0014 Rev 01 of the works plans and in more detail on diagram 18 on page 19 of the DCO Schedules 6-8 explanatory diagrams.

SCHEDULE 9 — ACCESS TO WORKS

(1) Area	(2) Description of Access	(3) Works Number
In the London Borough of Enfield.	Access from Advent Way to the south of the Edmonton EcoPark as shown on drawings C_0012 Rev 01 and C_0013 Rev 00 of the works plans.	4(g)
In the London Borough of Enfield.	Access from Meridian Way to Ardra Road as shown on drawing C_0013 Rev 00 of the works plans.	4(s)
In the London Borough of Enfield.	Access from Walthamstow Avenue to the south of Lower Hall Lane into the temporary laydown area as shown on drawings C_0012 Rev 01 and C_0014 Rev 01 of the works plans.	5(j)
In the London Borough of Enfield.	Access from Advent Way to the south of Lee Park Way as shown on drawings C_0012 Rev 01 and C_0014 Rev 01 of the works plans.	4(t)
In the London Borough of Enfield.	Access from Lee Park Way to the south of the temporary laydown area shown on drawings C_0012 Rev 01 and C_0014 Rev 01 of the works plans.	5(i)
In the London Borough of Enfield.	Access from the northern end of Deephams Farm Road as shown on drawing C_0012 Rev 01 of the works plans.	4(k)
In the London Borough of Enfield.	Access from Lee Park Way into the Edmonton EcoPark as shown on drawings C_0012 Rev 01 and C_0014 Rev 01 of the works plans.	4(i)

SCHEDULE 10 — LAND IN WHICH RIGHTS ETC., MAY BE ACQUIRED

(1)Plot number of land shown on land plans	(2)Purpose for which rights may be acquired
1, 2, 4, 7, 8, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32 and 34.	Right of access with or without vehicles, plant, apparatus and materials to execute any works for the purposes of or incidental to the construction, operation and maintenance of the authorised development.Right to divert, reposition, decommission, remove, replace, modify or upgrade existing pipes, cables, systems and associated apparatus with regard to those utilities listed in Works No. 4(a)(i)to (iii) in Schedule 1 of this Order (including existing apparatus belonging to statutory undertakers located within the Order land and including existing apparatus located on land belonging to statutory undertakers within the Order land).Right to lay, install, use and maintain new pipes, cables, systems and associated apparatus with regard to those utilities listed in Works No. 4(a)(i) to (iii) in Schedule 1 (including over and under existing apparatus belonging to statutory undertakers within the Order land and including on land belonging to statutory undertakers within the Order land).Right to create, use and maintain new connections to existing and new pipes, cables, systems and associated apparatus with regard to those utilities listed in Works No. 4(a)(i) to (iii) in Schedule 1 of this Order (including existing apparatus belonging to statutory undertakers located within the Order land and including existing apparatus located on land belonging to statutory undertakers within the Order land).
7 and 8.	Right of way with or without vehicles over Ardra Road between the junction with Meridian Way and Deephams Farm Road.Right of access with or without vehicles, plant, apparatus and materials in connection with the maintenance of Ardra Road and any works ancillary to such maintenance including but without limitation the maintenance of street furniture.
14.	Right to maintain the existing bridge over the River Lee Navigation.
14, 15, 21, 22 and 32.	Right of way with or without vehicles over Lee Park Way.Right of access with or without vehicles, plant, apparatus and materials in connection with the maintenance of Lee Park Way and any works ancillary to such maintenance including but without limitation the maintenance of street furniture.Right of access with or without vehicles to maintain the access way to be constructed into the east of the Edmonton EcoPark from Lee Park Way.
15, 17, 21, 22, 23, 24, 25, 26, 27, 28 and 29.	Right of access with or without vehicles, plant, apparatus and materials in connection with the maintenance of landscaping works authorised by this Order.

SCHEDULE 11 — 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 to 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 limiting paragraph 1, the Land Compensation Act 1973²³ has effect subject to the modifications set out in sub-paragraph (2).

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

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

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

Application of 1965 Act

3

• (1) The 1965 Act has effect with the modifications necessary to make it apply to the compulsory acquisition under this Order of a right by the creation of a new right, as it applies to the compulsory acquisition under this Order of land, so that, in appropriate contexts, references in that Act to land are to 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

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

• (2) Without limiting sub-paragraph (1), Part 1 of the 1965 Act applies 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

Section 11 of the 1965 Act (powers of entry) is modified so as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any new right, it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right (which is deemed for this purpose to have been created on the date of service of the notice).

5

Sections 12 (unauthorised entry) and 13 (refusal to give possession to acquiring authority) of the 1965 Act are modified correspondingly.

SCHEDULE 12 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

(1) Number of land shown on land plans	(2) Purpose for which temporary possession may be taken	(3) Works No. and plan number
11 and 12.	To temporarily place equipment in these plots (which are part of the River Lee Navigation). To maintain the boat canopy that forms part of Works No. 3.	Works No. 3. Drawing C_0006 Rev 01 of the works plans.
16, 18, 19, 20 and 21.	To create and use a temporary laydown area. To use as an access to the temporary laydown area from Walthamstow Avenue. To carry out restoration works to restore the current landscaping in the area used for the temporary laydown area.	Works Nos. 5 and 6. Drawings C_0009 Rev 01 and C_0010 Rev 01 of the works plans.

SCHEDULE 13 — PROTECTIVE PROVISIONS

PART 1 — Protection of Operators of Electronic Communications Code Networks

1

The provisions of this Part have effect for the protection of the operators referred to in this Part, unless otherwise agreed in writing between the undertaker and the operator concerned.

2

In this Part—

• “2003 Act” means the Communications Act 2003;

• “conduit system” has the same meaning as in the electronic communications code and references to providing a conduit system are 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;

• “electronic communications code” has the same meaning as in Chapter 1 of Part 2 of the 2003 Act as defined in section 106(1) of that Act;

• “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; and an electronic communications network that 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.

3

• (1) Subject to sub-paragraphs (2) and (3), if, as the result of the authorised development or its construction, or of any subsidence resulting from any of those works—

• (a) any damage is caused to any electronic communications apparatus belonging to an operator (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or other property of an operator; or

• (b) there is any interruption in the supply of the service provided by an operator,

the undertaker must bear and pay the reasonable and proper cost actually incurred by the operator in making good such damage or restoring the supply as the case may be and must make proper and reasonable compensation to an operator for any other reasonable and proper expenses, loss, damages, penalty or costs actually incurred by it.

• (2) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption as far as it is attributable to the act, neglect or default of an operator, its officers, servants, contractors or agents.

• (3) The operator must give the undertaker reasonable prior written notice of any claim or demand and no settlement or compromise may be made without the consent of the undertaker.

4

• (1) If in consequence of the exercise of the powers of this Order the access to the operator’s apparatus is materially obstructed, the undertaker must provide such reasonable alternative means of access to such apparatus as will enable the operator to operate, maintain, repair or replace or use the apparatus.

5

This Part does not apply to—

• (a) any apparatus in respect of which the relations between the undertaker and an operator are regulated by the provisions of Part 3 of the 1991 Act; or

• (b) any damage, or any interruption, caused by electro-magnetic interference arising from the construction or use of the authorised development.

6

Any difference or dispute arsing between the operator and the undertaker under this Part must, unless otherwise agreed in writing between the operator and the undertaker, be referred to and settled by arbitration under article 34 (arbitration).

7

• (1) Where, under this Part or anywhere else under this Order, the operator is required to give its consent or approval in respect of any matter, that consent or approval must not be unreasonably withheld or delayed.

• (2) In respect of any specified work or the acquisition of rights under or over or use of the operator’s property, the operator must co-operate with the undertaker with a view to avoiding undue delay.

PART 2 — Protection of Electricity, Gas, Water and Sewerage Undertakers

1

Except in relation to National Grid, the provisions of this Part have effect for the protection of the statutory undertakers referred to in this Part, unless otherwise agreed in writing between the undertaker and the statutory undertaker concerned.

2

In this Part—

• “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 any apparatus within the Order limits as follows— in the case of a statutory undertaker within paragraph (a) of the definition, electric lines or electrical plant (as defined in section 64 of the Electricity Act 1989²⁴), belonging to or maintained by the undertaker for the purposes of electricity supply; in the case of a statutory undertaker within paragraph (b) of the definition, any gas mains, pipes or other apparatus belonging to or maintained by the undertaker for the purposes of gas supply; in the case of a statutory undertaker within paragraph (c) of the definition, water mains, pipes or other apparatus belonging to or maintained by the undertaker for the purposes of water supply; and in the case of a statutory undertaker within paragraph (d) of the definition— any drain or works vested in the statutory undertaker under the Water Industry Act 1991; and any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) of that Act or an agreement to adopt made under section 104 of that Act, and includes a sludge main, disposal main (within the meaning of section 219 of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works, and in each case 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;

• “statutory undertaker” means— any licence holder within the meaning of Part 1 of the Electricity Act 1989; a gas transporter within the meaning of Part 1 of the Gas Act 1986²⁵; a water undertaker; and a sewerage undertaker,

for the area of the authorised development and, in relation to any apparatus, means the statutory undertaker to whom it belongs or by whom it is maintained.

3

This Part 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.

4

• (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 and any right of a statutory undertaker to maintain that apparatus in that land must not be extinguished until (if so required by the statutory undertaker) 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, over or under any land purchased, held, appropriated or used under this Order or in, on, over or under any land within the Order limits, the undertaker requires the removal of any apparatus placed in that land, it must give to the statutory undertaker in question written notice of that requirement, together with a plan and section 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 34 (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.

• (5) Despite 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 so required by the statutory undertaker, and to the reasonable satisfaction of the statutory undertaker.

• (6) Nothing in sub-paragraph (5) authorises the undertaker to execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or execute any filling around the apparatus (where the apparatus is laid in a trench) within 300 millimetres of the apparatus without the prior approval of the statutory undertaker (such approval not to be unreasonably withheld or delayed).

5

• (1) Not less than 28 days before starting the execution of any works of the type referred to in paragraph 4(2) that will or may adversely affect any apparatus the removal of which has not been required by the undertaker under that paragraph, the undertaker must submit to the statutory undertaker in question a plan, section and description of the works to be executed.

• (2) Any works of the type referred to in paragraph 4(2) are to be executed only in accordance with the plan, section and description 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 observe and inspect the execution of those works.

• (3) Any requirements made by a statutory undertaker under sub-paragraph (2) must be made within a period of 21 days beginning with the day on which a plan, section and description under sub-paragraph (1) are 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, sub-paragraphs (1) to (6) apply as if the removal of the apparatus had been required by the undertaker under paragraph 4(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, section and description instead of the plan, section and description previously submitted, and if this is done, the provisions of this paragraph 5 apply to and in respect of the new plan, section and description.

• (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, section and description 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.

6

• (1) Subject to the following provisions of this paragraph, the undertaker must repay to a statutory undertaker the proper and reasonable expenses actually incurred by that statutory undertaker in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any works referred to in paragraph 4(2).

• (2) The value of any apparatus removed under the provisions of this Part 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—

• (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 34 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part exceeding those 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 but for this 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 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.