The Keuper Underground Gas Storage Facility Order 2017

Work No.34 – Diversion of the Scottish Power Energy Networks 33kV overhead cable located to the west of Work No.2P with a length of up to 250m including installation of four new poles.

Work No.35 –A series of precise level points 3.5m in length driven into the ground to monitor any changing underlying ground movements.

SCHEDULE 2 — REQUIREMENTS

Time limits

1

The authorised development must not commence later than the expiration of 5 years beginning with the date on which this Order comes into force.

Authorised development to be carried out in accordance with certified plans and documents and with matters approved under requirements

2

• (1) The authorised development must be carried out in accordance with–

• (a) the plans and documents certified by the Secretary of State as true copies of the documents referred to in this Order;

• (b) subject to requirement 20, any other plans, schemes or documents approved in writing by the relevant planning authority pursuant to the requirements; and

• (c) the parameters specified in Tables 1 – 11 below.

• (2) In these tables “AOD” means above ordnance datum.

Building or structure (part of Work No.14)	Maximum width (metres)	Maximum length (metres)	Maximum height (metres above existing site level of approximately 33-34 metres AOD)	Minimum height (metres above existing site level of approximately 33-34 metres AOD)
Control room workshop	30.0	40.0	5.0
Substation	20.0	25.0	4.0
Instrument room (DCS)	6.0	8.0	4.0
Compressor house (2 off)	20.0	28.0	10.0
First gas fill compressor and cooler package	6.0	28.0	7.0
Motor coolers (10 off)	6.0	8.0	4.0
Gas coolers	18.0	22.0	5.0
Drying towers (4 off)	4.0	4.0	10.0
Air cooled condensers (2 off)	6.0	8.0	4.0
Regeneration heaters (6 off)	12.0	6.0	5.0
Water heater buildings (2 off)	10.0	25.0	8.0
Transformers /VSD’s (5 off)	6.0	15.0	5.0
Glycol storage (2 off)	15.0	21.0	4.0
Gas Preheater Boiler Vents (4 off)	0.8 (external diameter) 0.69 (internal diameter)	–	10.0	10.0
Glycol Regeneration Boiler Vents (6 off)	0.8 (external diameter) 0.22 (internal diameter)	–	10.0	10.0
Emergency cold vent	0.60(Diameter)	–	25.0	25.0
Building or structure (part of Work No.4 or 23)	Maximum width (metres)	Maximum length (metres)	Maximum height (metres above existing site level of approximately 37-38 metres AOD)	Minimum height (metres above existing site level of approximately 37-38 metres AOD)
---	---	---	---	---
Pumphouse for both weak brine and water booster pumps	12.5	65.0	4.0
Pump switchrooms (2 off)	10.0	20.0	3.5
Control and amenities building	10.0	14.0	3.5
Distributed control system building	6.0	8.0	3.5
Electrical compound/switchroom (Work No 23)	20.0	25.0	3.5
Liquid nitrogen storage vaporisation package	8.0	16.0	3.0
Liquid nitrogen storage compound	10.0	20.0	4.0
Brine de-gassing tanks (2 off)	15.0	20.0	4.0
Within concrete bund	20.0	25.0	3.5
Nitrogen vent	0.08 (Diameter)		9.0	5.0
Building or structure (Part of work no.20 or 21)	Maximum width (metres)	Maximum length (metres)	Maximum height (metres above existing site level 0f approximately 37-38 metres AOD for work no.20 and 40 metres AOD for work no.21)	Minimum height (metres above existing site level of approximately37-38 metres AOD for work no.20 and 40 metres AOD for work no.21)
---	---	---	---	---
Compound with security fence and building listed below:	50.0	50.0	3.0	2.4
Control kiosk	3.0	4.0	2.4
Security lighting/camera	1.0 (diameter)		5.5	3.0
Building or structure (Part of work no.25)	Maximum width (metres)	Maximum length (metres)	Maximum height (metres above existing site level of approximately 37-38 metres AOD)	Minimum height (metres above existing site level of approximately 37-38 metres AOD)
---	---	---	---	---
Compound with security fence for all equipment listed below:	50.0	80.0	3.0	2.4
Transformers (2 off)	5.0	12.0	7.0
Isolators (5 off)	2.5	6.0	6.5
Power correction equipment	2.5	3.0	4.0
Control room	12.0	8.0	3.6
Switchroom	12.0	20.0	3.6
New 132kV pylon (1 off) (Adjacent to existing pylon)	5.0 at base Arms =14.0	5.0 at base	28.0
Building or structure Part of work no.2A to 2U)	Maximum width (metres)	Maximum length (metres)	Maximum height (metres above existing site level of approximately 33-34 metres AOD)	Minimum height (metres above existing site level of approximately 33-34 metres AOD)
---	---	---	---	---
Compound for equipment listed below:	60.0	80.0	2.4	2.0
Drilling rig (vehicle mounted)	3.0	15.0	36.0
Cement silos (2 off)	2.0	2.0	6.0
Building or structure Part of work no.2A to 2U)	Maximum width (metres)	Maximum length (metres)	Maximum height (metres above existing site level of approximately 33-34 metres AOD)	Minimum height (metres above existing site level of approximately 33-34 metres AOD)
---	---	---	---	---
Compound and security fence for equipment listed below:	50.0	50.0	24.0	2.0
Solution mining wellhead	1.0	1.0	2.0
Meter house	2.5	3.0	2.5
Building or structure Part of work no.2A to 2U)	Maximum width (metres)	Maximum length (metres)	Maximum height (metres above existing site level of approximately 33-34 metres AOD)	Minimum height (metres above existing site level of approximately 33-34 metres AOD)
---	---	---	---	---
Compound with security fence for equipment listed below:	50.0	50.0	3.0	2.0
Gas wellhead	1.0	1.0	4.0
Control panel	3.0	4.0	3.0
Glycol injection package	3.0	4.0	4.0
Security lighting/camera	1.0 (Diameter)		5.5	3.0
Building or structure Part of work no.9)	Maximum width (metres)	Maximum length (metres)	Maximum height (metres above existing site level of approximately 30 metres AOD)	Minimum height (metres above existing site level of approximately 30 metres AOD)
---	---	---	---	---
Pumping tank	6.0 (Diameter)		6.0
Surge vessel (in bund)	2.5	7.0	3.0
Building or structure Part of work no.11)	Maximum width (metres)	Maximum length (metres)	Maximum height (metres above existing site level of approximately 50 metres AOD)	Minimum height (metres above existing site level of approximately 50 metres AOD)
---	---	---	---	---
Existing pumphouse (to be refurbished)	10.0	12.0	4.0
Surge vessel	1.5(Diameter)	3.5	2.5
Transformer	3.0	4.0	2.5
Building or structure Part of work no.10)	Maximum width (metres)	Maximum length (metres)	Maximum height (metres above existing site level of approximately 10.5 metres AOD)	Minimum height (metres above existing site level of approximately 10.5 metres AOD)
---	---	---	---	---
Pipebridge with walkway	5.0	50.0	15.5	18.0
Brine discharge pipeline	0.5(Diameter)	600.0
Diffuser pipe	0.4(Diameter)	15.0
Building or structure Part of work no.12)	Maximum width (metres)	Maximum length (metres)	Maximum height (metres above existing site level of approximately 32metres AOD)	Minimum height (metres above existing site level of approximately 32 metres AOD)
---	---	---	---	---
Compound with security fence for equipment listed below:	50.0	60.0	3.0	2.4
Pig trap area	8.0	17.0	2.4
Control equipment kiosk	3.0	4.0	2.4
Meter cabinet	0.6	1.5	1.5
Security lighting/camera	1.0(Diameter)		6.0	3.0

Construction Environmental Management Plan

3

• (1) No part of the authorised development is to commence until a CEMP for that part has been submitted to and approved in writing by the relevant planning authority.

• (2) The CEMP submitted under sub-paragraph (1) must be in accordance with the draft CEMP.

• (3) The construction of the authorised development must be carried out in accordance with the CEMP approved under sub-paragraph (1).

• (4) The CEMP must include mitigation measures in accordance with those set out in chapters 7 to 14 inclusive, 18, 19 and 22 to 25 inclusive of the environmental statement.

• (5) The CEMP must incorporate the following plans and programmes–

• (a) landscaping and visual impacts plan;

• (b) surface and ground water management plan;

• (c) soil management plan;

• (d) sediment control plan;

• (e) site waste management plan;

• (f) biodiversity management plan;

• (g) noise and vibration management and monitoring plan;

• (h) air quality and dust management plan;

• (i) archaeological management plan;

• (j) traffic management plan;

• (k) lighting plan; and

• (l) construction phasing plan.

• (6) Each of the plans and programmes detailed in sub-paragraph (4)(a)-(l) must incorporate the following–

• (a) responsibilities;

• (b) consent requirements;

• (c) general control measures;

• (d) specific control measures;

• (e) monitoring and measurement; and

• (f) actions to be taken in the event of an emergency.

• (7) The CEMP must require adherence to working hours of 07:00 and 19:00 on Mondays to Fridays and 07:00 and 14:00 on Saturdays except for–

• (a) noisy construction operations which will take place between 08.00 and 18.00 on Mondays to Fridays and 08.00 to 14.00 on Saturdays; and

• (b) continuous construction operations, including–

• (i) drilling;

• (ii) weld testing or pipeline testing;

• (iii) concrete pour;

• (iv) commissioning; and

• (v) solution mining.

• (8) The CEMP must require that construction operations at the Runcorn site (Work No.10) shall take place between April and September except for limited scrub clearance activities which shall take place between August and September.

Approval of details

4

• (1) No part of the authorised development may be commenced until the following details have been submitted to and approved in writing by the relevant planning authority–

• (a) details of the siting and size of–

• (i) each wellhead compound (Work Nos 2A to 2U);

• (ii) the solution mining compound (Work No.4);

• (iii) the fenced compound and connection to the national transmission system (Work No.12);

• (iv) the gas processing plant (Work No.14);

• (v) the office, control and maintenance building (Work No.15);

• (vi) the construction and laydown areas (Work No.16);

• (vii) the gas marshalling compounds (Work Nos 20-21);

• (viii) the electrical compound (Work No.23); and

• (ix) the substation compound (Work No.25).

• (b) details of the design and external appearance of any buildings or structures to be provided;

• (c) means of access and details of the construction of each access;

• (d) details of the construction of the surface of each compound including the stripping and stockpiling of soils, the location and the storage of such, and the materials to be used in the construction of each compound;

• (e) details of any fencing to be erected; and

• (f) details of any operational lighting to include the number, height and location of any stanchions to be erected or mobile floodlighting units to be used, the number of floodlights, their lux levels, angles of luminance and extent of light distribution.

Control of noise during solution mining and gas operation

5

• (1) Operation of the authorised development must not begin until a written scheme for noise management including monitoring and attenuation of the authorised development has been submitted to and approved in writing by the relevant planning authority.

• (2) The scheme for noise management submitted in accordance with sub-paragraph (1) must require that the site-attributable noise during solution mining and gas operation shall not exceed a rating free-field noise level equivalent to the daytime and night-time background noise levels for each noise sensitive receptor detailed in Table 9.9 and Section 18.5.2 of the Environmental Statement (Document Ref. 6.1) with exception of the noise sensitive receptors set out in Table 12 below.

Receptor	Night-Time dB LA90	Maximum Permissible Daytime Operational Free-field Rating Noise Levels dBLAeq1hour (07.00 – 23.00)	Maximum Permissible Night-Time Operational Free-field Rating Noise Levels dBLAeq15 mins (23.00-07.00)
3 – Drakelow Farm	32	34	34
4 – Halfway House	32	33	33
7 – Brownhayes Farm	30	37	37
8 – Drakelow Hall Farm	31	32	32
10 – Drakelow Gorse Farm	30	33	33
14 – Newholme Farm	31	33	33

• (3) The undertaker must implement the schemes for noise management approved in accordance with sub-paragraph (1).

Landscaping

6

• (1) No part of the authorised development may be commenced until a landscape scheme has been submitted to and approved in writing by the relevant planning authority for that part. The scheme must include–

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

• (b) cultivation and other operations to ensure plant establishment;

• (c) proposed finished ground levels;

• (d) a requirement that the height of soil bunds must not exceed 3 metres;

• (e) a requirement that topsoil and subsoil must not be imported to or exported from the site except for contaminated soil found on site that must be exported to a site permitted to accept it;

• (f) hard surfacing materials;

• (g) details of existing trees to be retained, with measures for their protection during the construction period; and

• (h) implementation timetables for all landscaping works.

• (2) The landscape scheme submitted under sub-paragraph (1) must be in accordance with the landscaping plans.

• (3) All landscaping must be carried out in accordance with the landscape scheme approved under requirement 6(1).

• (4) All landscaping carried out in accordance with requirement 6(3) must be maintained by the undertaker for the lifetime of the authorised development.

• (5) Any tree or shrub planted as part of the landscape scheme that, within a period of five years after planting, is removed, dies or becomes, in the opinion of the relevant planning authority, seriously damaged or diseased, must be replaced in the first available planting season with a specimen of the same species and size as that originally planted.

• (6) In the event of a brine leakage, a soil and landscaping scheme detailing those habitats, trees, shrubs or hedgerows damaged, together with remedial measures proposed, shall within a period of three months of the leak’s detection be submitted to and approved in writing by the relevant planning authority. The approved scheme shall be undertaken during the following planting season and maintained by the undertaker for the lifetime of the authorised development.

Accesses to works

7

• (1) No part of the authorised development may be commenced until written details of the siting, design and layout of any new permanent or temporary means of access to a highway for that part has been submitted to and approved in writing by the relevant planning authority.

• (2) The highway accesses must be constructed in accordance with the approved details.

Construction traffic

8

At the highway access to King Street (A530) comprised in Work No.7, notices must be erected prior to the start of construction of the authorised development and maintained throughout the period of construction, indicating to drivers the required route for traffic entering and leaving the site during the period of construction as shown on the routing plan.

Limits on heavy goods vehicle movements

9

• (1) The maximum number of heavy goods vehicle movements to and from the authorised development must not exceed 80 per day (40 in and 40 out).

• (2) The number of heavy goods vehicles which enter the authorised development must be recorded by the site operator. These records must be available for inspection at the site office and a copy of these records must be submitted to the relevant planning authority every six months, or within five working days of such records being requested by the relevant planning authority.

Internal roads

10

The access road comprised in Work No.7 must, throughout the construction and use of the authorised development, be metalled and drained and kept clear of debris along its entire length at all times.

Fencing and other means of enclosure

11

• (1) No part of the authorised development may be commenced until written details of all temporary and permanent fences or other means of enclosure required for the construction and or use of that part have been submitted to and approved in writing by the relevant planning authority.

• (2) Any temporary fencing must be removed on completion of construction of the authorised development.

• (3) Any approved permanent fencing comprised in the authorised development must be completed before those works are brought into use.

Ground and surface water and pollution prevention

12

• (1) No part of the authorised development may be commenced until written details of the surface and foul water drainage system (including means of pollution control) for that part have, after consultation with the sewerage and drainage authority, been submitted to and approved in writing by the relevant planning authority. The surface and foul water drainage system must be constructed in accordance with the details approved under this sub-paragraph.

• (2) No part of the authorised development involving the diversion of any stream or watercourse may commence until a scheme and programme for that part for its diversion has been submitted to and, after consultation with the Environment Agency, approved in writing by the relevant planning authority. The stream or watercourse must be diverted in accordance with the approved scheme and programme.

• (3) Unless otherwise permitted under sub-paragraphs (1) and (2) above, throughout the period of construction, operation, decommissioning, restoration and aftercare of the authorised development, all ditches, watercourse, field drainage systems and culverts must be maintained such that the flow of water is not impaired or the drainage onto and from adjoining land rendered less effective.

• (4) All oil, diesel oil and lubricants stored within the authorised development for any purpose must be stored on a base impervious to both oil and water and surrounded by an impermeable bund wall. The bunded area must be capable of containing 110% of the largest tank’s capacity and all drain pipes, fill pipes and sight gauges shall be enclosed within its curtilage.

Hedgerows

13

No part of the authorised development is to commence until written details of any hedgerows to be removed during construction of that part have been submitted to and approved in writing by the relevant planning authority.

Land Contamination

14

• (1) No part of authorised development comprised in Work No.10 may commence until a written scheme (which may be included in the CEMP) to deal with the contamination of any land, including groundwater, identified in the investigation and assessment report prepared under sub-paragraph (2) as likely to cause significant harm to persons or significant pollution of controlled waters or ground waters or the environment has been submitted to and approved by the relevant planning authority.

• (2) The scheme must include an investigation and assessment report, prepared by a specialist consultant approved by the relevant planning authority, to identify the extent of any contamination and a remediation strategy identifying the remedial measures to be taken, if required, to render the land fit for its intended purpose, and a verification plan outlining how achieving the remedial objectives will be demonstrated.

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

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

Archaeology

15

• (1) No part of the authorised development may be commenced until for that part, a written scheme for the investigation of areas of archaeological interest has been submitted to and approved in writing by the relevant planning authority.

• (2) The written scheme of investigation 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.

• (3) Any archaeological works or watching brief carried out under the archaeological scheme must be by a suitably qualified person or body approved by the relevant planning authority. Any archaeological works or watching brief must be carried out in accordance with the approved archaeological scheme.

External lighting

16

No use of the authorised development may be commenced until written details of the permanent operational external lighting to be installed as part of Works No .14, including measures to prevent light spillage, have been submitted to and approved by the relevant planning authority and any approved means of lighting must subsequently be installed and retained for the duration of the operation of the authorised development.

Restoration scheme

17

• (1) Upon the permanent cessation of use of the authorised development or, in any event, by not later than forty-nine years after the start of use of the authorised development, whichever is the earlier, a scheme of restoration and aftercare must be submitted for approval in writing by the relevant planning authority.

• (2) The scheme must include—

• (a) any proposed future uses for the relevant authorised development site;

• (b) details of structures and buildings to be demolished and retained;

• (c) details of the means of removal of materials of demolition;

• (d) phasing of demolition and removal;

• (e) details for the remediation of ponding; and

• (f) details of restoration works and phasing thereof.

• (3) The approved scheme must be implemented in full by not later than 24 months after the date of the relevant planning authority’s written approval.

Decommissioning

18

• (1) Subject to sub-paragraph (2), in the event that no gas is stored within any of the cavities within a period of 10 years following the completion of all solution mining works comprising part of the authorised development, a scheme detailing the appropriate measures for decommissioning of the authorised development must be submitted to the relevant planning authority for approval.

• (2) Not later than ten years after the start of use of the authorised development a scheme detailing the appropriate measures for decommissioning of the pipe bridge and diffuser forming part of Work No.10 must be submitted to the relevant planning authority for approval.

• (3) A scheme approved under sub-paragraph 17(1) or 17(2) must be implemented in full within 24 months of its approval by the relevant planning authority.

Requirement for written approval

19

Where under any of the above requirements the approval or agreement of the relevant planning authority is required that approval or agreement must be given in writing and not unreasonably withheld.

Amendments to approved details

20

• (1) With respect to the parameters specified in requirement 2 and any other plans, details or schemes which require approval by the relevant planning authority pursuant to any other requirement (the “Approved Plans, Parameters, Details or Schemes”), the undertaker may submit to the relevant planning authority for approval any amendments to the Approved Plans, Parameters, Details or Schemes and following any such approval by the relevant planning authority the Approved Plans, Parameters, Details or Schemes are to be taken to include the amendments approved pursuant to this sub-paragraph.

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

European protected species

21

• (1) No part of authorised development shall commence until final pre-construction survey work has been carried out to establish whether a European protected species is present on any of the land affected, or likely to be affected, by that part or in any of the trees and shrubs to be lopped or felled during construction of that part.

• (2) Where a European protected species is shown to be present, the relevant part of the authorised development shall not begin until, after consultation with Natural England and the relevant planning authority, a scheme of protection and mitigation measures has been submitted to and approved in writing by the relevant planning authority.

• (3) Unless otherwise agreed in writing by the relevant planning authority after consultation with Natural England, the undertaker shall implement the protection and mitigation measures approved under sub-paragraph (2).

• (4) In this requirement European protected species has the same meaning as in regulations 42 and 46 of the Conservation of Habitats and Species Regulations 2017.

Conveyance of gas, water and brine

22

Save for potable water, fluids used for drilling operations and waste process fluids from the gas processing plant, all natural gas, water and brine for use in, stored within or produced by the authorised development must be conveyed to and from the authorised development only by pipeline.

Environmental management system for normal operation

23

The authorised development may not be used for gas storage until the undertaker has implemented an environmental management system compliant with ISO 14001 or an equivalent recognised standard.

Control of radio emissions

24

• (1) No part of the authorised development shall be commenced until a control of radio emissions plan has been submitted to and approved in writing by the relevant planning authority, after consultation with the University of Manchester, (a Royal Charter corporation registered under number RC000797), of Oxford Road, Manchester, M13 9PL.

• (2) The control of radio emissions plan must include a scheme to ensure that the authorised development operates at all times so the total radiated power emitted from the gas processing plant, Work No 14, does not exceed the following limits, integrated across the total bandwidths in Table 13 below.

Centre Frequency in MHz	Bandwidth in MHz	Limit from ITU-R 769 (Table 1) in dBW	Path loss in dB	Effective Isotropic Radiated Power in specified bandwidth in dBW
151.525	2.95	-199	115.8	-83.2
325.3	6.6	-201	122.4	-78.6
408.05	3.9	-203	124.4	-78.6
611	6	-202	127.9	-74.1
1413.5	27	-205	135.2	-69.8
1665	10	-207	136.6	-70.4
2695	10	-207	140.8	-66.2
4995	10	-207	146.2	-60.8

• (3) The control of radio emissions plan shall also include the following—

• (a) a scheme to establish and operate a liaison forum between the undertaker, the relevant planning authority and the University of Manchester, to meet at least annually to discuss and to seek, without prejudice to any enforcement powers held by the planning authority, the resolution of any issues raised by any party relating to the effect of radio emissions from the authorised development;

• (b) a scheme to secure the testing of equipment and plant prior to the commencement of operations at the gas processing plant, Work No 14, so as to ensure compliance with sub-paragraph (2);

• (c) a scheme to secure any mitigation measures which are required to ensure compliance with sub-paragraph (2); and

• (d) a scheme to secure the monitoring of radio emissions to demonstrate compliance with sub-paragraph (2) during the normal operation of equipment and plant at the gas processing plant, Work No 14, including provision for reporting to the relevant planning authority and the University of Manchester on an annual basis and on reasonable request.

• (4) The undertaker must—

• (a) implement the control of radio emissions plan and associated schemes approved in accordance with sub-paragraphs (2) and (3); and

• (b) ensure that the authorised development operates at all times in accordance with the limits in sub-paragraph (2).

SCHEDULE 3 — STREETS SUBJECT TO STREET WORKS

(1) Area	(2) Subject to street works
County of Cheshire, District of Cheshire West and Chester	Yatehouse Lane For the purposes of Works Nos 5A, 5B, 5C, 5D, 6, 19B and 22. (drawing nos. 13-03-01/HOL/24/324, 325, 326) Where crossed by the authorised development within the Order limits.
County of Cheshire District of Cheshire West and Chester	Drakelow Lane For the purposes of Work Nos: 5A, 5B, 5C, 5D, 6, 22, 28B, 29A and 29B. (drawing nos.13-03-01/HOL/24/322, 323) Where crossed by the authorised development within the Order limits.
County of Cheshire District of Cheshire West and Chester	Rudheath RB7 For the purposes of Work Nos: 5A, 5B, 5C, 5D, 6, 22, 26, 28B, 29A and 29B. (drawing nos. 13-03-01/HOL/24/322 and 327) Where crossed by the authorised development within the Order limits.

SCHEDULE 4 — STREETS SUBJECT TO ALTERATION OF LAYOUT

(1) Area	(2) Street subject to alteration of layout	(3) Description of alteration
County of Cheshire, District of Cheshire West and Chester	Yatehouse Lane	Formation of permanent gated highway access with visibility splay including, removal of hedgerow, altering of carriageway alignment and verge for the purpose of Work No.6 and optional change to bellmouth of existing access point (drawing No.13-03-01/HOL/24/407).
County of Cheshire, District of Cheshire West and Chester	Drakelow Lane	Formation of two new gated highway accesses with visibility splay including removal of hedgerow, altering of carriageway alignment and verge for the purpose of Work No.6 (drawing No.13-03-01/HOL/24/408).

SCHEDULE 5 — STREETS AND RIGHT OF WAY TO BE TEMPORARILY STOPPED UP

(1) Area	(2) Street to be temporarily stopped up	(3) Extent of temporary stopping up
County of Cheshire, District of Cheshire West and Cheshire	Yatehouse Lane	For the purposes of Works Nos: 5A, 5B, 5C, 5D, 6, 19B.
County of Cheshire, District of Cheshire West and Cheshire	Yatehouse Lane	For a distance of 168m measured between points 5 and 6 on the street works and access plan (see drawing No.13-03-01/HOL/24/413).
County of Cheshire, District of Cheshire West and Cheshire	Yatehouse Lane	For a distance of 126m measured between points 7 and 8 on the street works and access plan (See drawing No.13-03-01/HOL/24/413.
County of Cheshire, District of Cheshire West and Cheshire	Yatehouse Lane	For a distance of 120m measured between points 9 and 10 on the street works and access plan (see drawing No.13-03-01/HOL/24/413).
County of Cheshire, District of Cheshire West and Cheshire	Drakelow Lane	For the purposes of Work Nos: 5A, 5B, 5C, 5D, 6, 22, 28B, 29A and 29B
County of Cheshire, District of Cheshire West and Cheshire	Drakelow Lane	For a distance of 54m measured between points 1 and 2 on the street works and access plan (see drawing No.13-03-01/HOL/24/413).
County of Cheshire, District of Cheshire West and Cheshire	Drakelow Lane	For a distance of 152m measured between points 3 and 4 on the street works and access plan (see drawing No.13-03-01/HOL/24/413).
County of Cheshire, District of Cheshire West and Cheshire	Restricted Byway (RB7)	For the purposes of Work Nos:5A, 5B, 5C, 5D, 6, 22, 26, 28B, 29A and 29B- Rudheath RB7 – temporary stopping up of 195m, as shown on drawing No.13-03-01/HOL/24/327.

SCHEDULE 6 — ACCESS TO WORKS

(1) Area	(2) Description of access
County of Cheshire, District of Cheshire West and Chester	Holford, site private road access/egress and crossing of Yatehouse Lane formed within Work No.6. Access to site access road from Yatehouse Lane and crossing of Yatehouse Lane and egress from the site private access road to Yatehouse Lane as shown on the streets and access plan between points 5 and 6 (see drawing No.13-03-01/HOL/24/413).
	Holford, site private road access/egress and crossing of Drakelow Lane formed within Work No.6. Access to private access from Drakelow Lane and crossing of Drakelow Lane and egress from the site private access road to Drakelow Lane as shown on the streets and access plan between points 3 and 4. (see drawing No.13-03-01/HOL/24/413).

SCHEDULE 7 — TEMPORARY CLOSURE AND WORKS IN THE CANAL

(1) Area	(2) Land affected	(3) Purpose of temporary closure
The Borough of Halton, County of Cheshire	The area of the Weaver Navigation Canal as shown hatched in black on drawing No.13-03-01/HOL/24/236	For the purposes of Work No.10 as set out in Schedule 1.

SCHEDULE 8 — LAND OF WHICH TEMPORARY POSSESSION MAYBE TAKEN

(1) Area	(2) Number of land shown on land plan	(3) Purpose for which temporary possession maybe taken	(4) Relevant part of the authorised development
District of Cheshire West and Chester County of Cheshire	1.04 to 1.19	Construction and carrying out of the authorised development, including; provision of wellhead compounds for storage of equipment; provision of pipeline, cable and site access road networks; worksite; landscaping; and access for these same purposes.	Work Nos: 2U, 2T, 2S, 5A, 5B, 5C, 5D, 6, 22 and 35
District of Cheshire West and Chester County of Cheshire	2.04 to 2.16	Construction and carrying out of the authorised development, including; provision of wellhead compounds for storage of equipment; provision of pipeline cable and site access road networks; worksite; landscaping; and access for these same purposes.	Work Nos: 2P, 2Q, 2R, 5A, 5B, 5C, 5D, 6, 22, 31, 34 and 35
District of Cheshire West and Chester County of Cheshire	3.03 to 3.11	Construction and carrying out of the authorised development, including; provision of wellhead compounds for storage of equipment; provision of pipeline cable and site access road networks; worksite; landscaping; and access for these same purposes.	Work Nos: 2M, 2N, 5A, 5B, 5C, 5D, 6, 22 and 35
District of Cheshire West and Chester County of Cheshire	4.02 to 4.06	Construction and carrying out of the authorised development, including; provision of wellhead compounds for storage of equipment; provision of pipeline cable and site access road networks; worksite; landscaping; and access for these same purposes.	Work Nos: 2K, 5A, 5B, 5C, 5D, 6, 22 and 35
District of Cheshire West and Chester County of Cheshire	5.01	Construction and carrying out of the authorised development, including; provision and fit-out of gas marshalling compound; provision of pipeline, cable and site access road networks; diversion of overhead power lines; worksite; and access for these same purposes.	Work Nos: 5A, 5B, 5C, 5D, 6, 19B and 22

SCHEDULE 9 — PROTECTIVE PROVISIONS

PART 1 — FOR THE PROTECTION OF NATIONAL GRID AS ELECTRICITY AND GAS UNDERTAKER

Application

1

For the protection of the undertaker referred to in this Part of this Schedule the following provisions will, unless otherwise agreed in writing between the promoter and the undertaker, have effect.

Interpretation

2

In this Part of this Schedule—

• “acceptable credit provider” means a bank or financial institution with a credit rating that is not lower than “A-” if the rating is assigned by Standard & Poor’s Ratings Group or Fitch Ratings, or “A3” if the rating is assigned by Moody’s Investors Services Inc.;

• “acceptable insurance” means a third party liability insurance effected and maintained by the promoter with a limit of indemnity of not less than £25,000,000 (Twenty-Five Million Pounds) per occurrence or series of occurrences arising out of one event. Such insurance must be maintained for the construction period of the authorised works which constitute specified works and arranged with an internationally recognised insurer of repute operating in the London and worldwide insurance market underwriters whose security/credit rating meets the same requirements as an “acceptable credit provider”. Such policy must include (but is not limited to )—National Grid Electricity Transmission Plc and National Grid Gas Plc as a Co-Insured;a cross liabilities clause; andcontractors’ pollution liability for third party property damage and third party bodily damage arising from a pollution/contamination event with cover of £10,000,000 (Ten Million Pounds) per event or £20,000,000 (Twenty Million Pounds) in aggregate;

• “acceptable security”means either—a parent company guarantee from a parent company in favour of National Grid Electricity Transmission Plc and National Grid Gas Plc to cover the promoter’s liability to National Grid Electricity Transmission Plc and National Grid Gas Plc to a cap of not less than £10,000,000 (Ten Million Pounds) per asset per event up to a total liability cap of £25,000,000 (Twenty-Five Million Pounds) (in a form reasonably satisfactory to the undertaker and where required by the undertaker, accompanied with a legal opinion confirming the due capacity and authorisation of the parent company to enter into and be bound by the terms of such guarantee); ora bank bond or letter of credit from an acceptable credit provider in favour of National Grid Electricity Transmission Plc and National Grid Gas Plc to cover the promoter’s liability to National Grid Electricity Transmission Plc and National Grid Gas Plc for an amount of not less than £10,000,000 (Ten Million Pounds) per asset per event up to a total liability cap of £25,000,000 (Twenty-Five Million Pounds) (in a form reasonably satisfactory to the undertaker);

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

• “apparatus” means—in the case of an electricity undertaker, electric lines or electrical plant as defined in the Electricity Act 1989[^f00026], belonging to or maintained by that undertaker;in the case of a gas undertaker, any mains, pipes or other apparatus belonging to or maintained by a gas transporter for the purposes of gas supply,together with any replacement apparatus and such other apparatus constructed pursuant to the Order that becomes operational apparatus of the undertaker for the purposes of transmission, distribution and/or supply and includes any structure in which apparatus is or will be lodged or which gives or will give access to apparatus;

• “authorised works” has the same meaning as is given to the term “authorised development” in article 2 of this Order and includes any associated development authorised by the Order and for the purposes of this Part of this Schedule includes the use and maintenance of the authorised works and construction of any works authorised by this Part of this Schedule;

• “commence” has the same meaning as in article 2 of this Order and commencement shall be construed to have the same meaning;

• “deed of consent” means a deed of consent, crossing agreement, deed of variation or new deed of grant agreed between the parties acting reasonably in order to vary and/or replace existing easements, agreements, enactments and other such interests so as to secure land rights and interests as are necessary to carry out, maintain, operate and use the apparatus in a manner consistent with the terms of this Part of this Schedule;

• “functions” includes powers and duties;

• “ground mitigation scheme” means a scheme approved by the undertaker (such approval not to be unreasonably withheld or delayed) setting out the necessary measures (if any) for a ground subsidence event;

• “ground monitoring scheme” means a scheme for monitoring ground subsidence which sets out the apparatus which is to be subject to such monitoring, the extent of land to be monitored, the manner in which ground levels are to be monitored, the timescales of any monitoring activities and the extent of ground subsidence which, if exceeded, shall require the promoter to submit for the undertaker’s approval a ground mitigation scheme;

• “ground subsidence event” means any ground subsidence identified by the monitoring activities set out in the ground monitoring scheme that has exceeded the level described in the ground monitoring scheme as requiring a ground mitigation scheme;

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

• “maintain” and “maintenance” shall include the ability and right to do any of the following in relation to any apparatus or alternative apparatus of the undertaker including construct, use, repair, alter, inspect, renew or remove the apparatus

• “plan” or “plans” include all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe and assess the works to be executed;

• “parent company” means a parent company of the promoter acceptable to and which shall have been approved by the undertaker acting reasonably

• “promoter” means the undertaker as defined in article 2 of this Order;

• “specified works” means any of the authorised works or activities undertaken in association with the authorised works which—will or may be situated over, or within 15 metres measured in any direction of any apparatus the removal of which has not been required by the promoter under paragraph 7(2) or otherwise;may in any way adversely affect any apparatus the removal of which has not been required by the promoter under paragraph 7(2) or otherwise; and/orinclude any of the activities that are referred to in paragraph 8 of T/SP/SSW/22 (the undertaker’s policies for safe working in proximity to gas apparatus “Specification for safe working in the vicinity of National Grid, High pressure Gas pipelines and associated installation requirements for third parties T/SP/SSW/22”; and

• “undertaker” means, as appropriate, National Grid Electricity Transmission Plc and National Grid Gas Plc in their capacity as—an electricity undertaker, being a licence holder within the meaning of Part 1 of the Electricity Act 1989; anda gas transporter within the meaning of Part 1 of the Gas Act 1986[^f00027].

3

Except for paragraphs 4 (apparatus in stopped up streets), 9 (retained apparatus: protection of Gas Undertakers), 11 (expenses) and 12 (indemnity) of this Schedule which will apply in respect of the exercise of all or any powers under the Order affecting the rights and apparatus of the undertaker, the other provisions of this Part of this Schedule do not apply to apparatus in respect of which the relations between the promoter and the undertaker are regulated by the provisions of Part 3 of the 1991 Act.

Apparatus of undertakers in stopped up streets

4

• (1) Without prejudice to the generality of any other protection afforded to the undertaker elsewhere in the Order, where any street is stopped up under the Order, if the undertaker has any apparatus in the street or accessed via that street the undertaker will be entitled to the same rights in respect of such apparatus as it enjoyed immediately before the stopping up and the promoter will grant to the undertaker, or will procure the granting to the undertaker of, legal easements reasonably satisfactory to the specified undertaker in respect of such apparatus and access to it prior to the stopping up of any such street or highway.

• (2) Notwithstanding the temporary stopping up or diversion of any highway under the powers of article 13 (temporary prohibition or restriction of use of streets), an undertaker will be at liberty at all times to take all necessary access across any such stopped up highway and/or to execute and do all such works and things in, upon or under any such highway as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the stopping up or diversion was in that highway.

Protective works to buildings

5

• (1) The promoter, in the case of the powers conferred by article 17 (protective work to buildings), must exercise those powers so as not to obstruct or render less convenient the access to any apparatus without the written consent of the undertaker and, if by reason of the exercise of those powers any damage to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal or abandonment) or property of the undertaker or any interruption in the supply of electricity and/or gas, as the case may be, by the undertaker is caused, the promoter must bear and pay on demand the cost reasonably incurred by the undertaker in making good such damage or restoring the supply; and, subject to sub-paragraph (2), shall—

• (a) pay compensation to the undertaker for any loss sustained by it; and

• (b) indemnify the undertaker against all claims, demands, proceedings, costs, damages and expenses which may be made or taken against or recovered from or incurred by that undertaker, by reason of any such damage or interruption.

• (2) Nothing in this paragraph imposes any liability on the promoter with respect to any damage or interruption to the extent that such damage or interruption is attributable to the act, neglect or default of an undertaker or its contractors or workmen; and the undertaker will give to the promoter reasonable notice of any claim or demand as aforesaid and no settlement or compromise thereof shall be made by the undertaker, save in respect of any payment required under a statutory compensation scheme, without first consulting the promoter and giving the promoter an opportunity to make representations as to the claim or demand.

Acquisition of land

6

• (1) Regardless of any provision in this Order or anything shown on the land plans or contained in the book of reference to the Order, the promoter may not acquire any land interest or apparatus or override any easement and/or other interest of the undertaker otherwise than by agreement.

• (2) As a condition of agreement between the parties in sub-paragraph (1), prior to the carrying out of any part of the authorised works (or in such other timeframe as may be agreed between the undertaker and the promoter) that are subject to the requirements of this Part of this Schedule that will cause any conflict with or breach the terms of any easement and/or other legal or land interest of the undertaker and/or affects the provisions of any enactment or agreement regulating the relations between the undertaker and the promoter in respect of any apparatus laid or erected in land belonging to or secured by the promoter, the promoter must as the undertaker reasonably requires enter into such deeds of consent upon such terms and conditions as may be agreed between the undertaker and the promoter acting reasonably and which must be no less favourable on the whole to the undertaker unless otherwise agreed by the undertaker, and it will be the responsibility of the promoter to procure and/or secure the consent and entering into of such deeds and variations by all other third parties with an interest in the land at that time who are affected by such authorised works.

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

• (4) Any agreement or consent granted by the undertaker under paragraphs 9 or 10 or any other paragraph of this Part of this Schedule shall not be taken to constitute agreement under paragraph 6.

Removal of apparatus

7

• (1) If, in the exercise of the agreement reached in accordance with paragraph 6 or in any other authorised manner, the promoter 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 an 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 undertaker in question in accordance with sub-paragraphs (2) to (5) inclusive.

• (2) If, for the purpose of executing any works in, on, under or over any land purchased, held, appropriated or used under this Order, the promoter requires the removal of any apparatus placed in that land, it must give to the undertaker 56 days’ advance written notice of that requirement, together with a plan of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order the undertaker reasonably needs to remove any of its apparatus) the promoter must, subject to sub-paragraph (3), afford to the undertaker to its satisfaction (taking into account paragraph 8(1) below) the necessary facilities and rights—

• (a) for the construction of alternative apparatus in other land of or land secured by the promoter; and

• (b) subsequently for the maintenance of that apparatus.

• (3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of or land secured by the promoter, or the promoter is unable to afford such facilities and rights as are mentioned in sub-paragraph (2), in the land in which the alternative apparatus or part of such apparatus is to be constructed, the undertaker must, on receipt of a written notice to that effect from the promoter, take such steps as are reasonable in the circumstances in an endeavour to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed save that this obligation shall not extend to the requirement for the undertaker to use its compulsory purchase powers to this end unless it elects to so do.

• (4) Any alternative apparatus to be constructed in land of or land secured by the promoter under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between the undertaker and the promoter.

• (5) The undertaker must, after the alternative apparatus to be provided or constructed has been agreed, and subject to the grant to the undertaker of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the promoter to be removed under the provisions of this Part of this Schedule.

Facilities and rights for alternative apparatus

8

• (1) Where, in accordance with the provisions of this Part of this Schedule, the promoter affords to or secures for the undertaker facilities and rights in land for the construction, use, maintenance and protection of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the promoter and the undertaker and must be no less favourable on the whole to the undertaker than the facilities and rights enjoyed by it in respect of the apparatus to be removed unless otherwise agreed by the undertaker.

• (2) If the facilities and rights to be afforded by the promoter and agreed with the undertaker under sub-paragraph (1) above in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are less favourable on the whole to the undertaker than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject in the matter will be referred to arbitration in accordance with paragraph 16 (arbitration) of this Part of this Schedule and the arbitrator shall make such provision for the payment of compensation by the promoter to the undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

Retained apparatus: protection of Gas Undertakers

9

• (1) Not less than 56 days before the commencement of any specified works the promoter must submit to the undertaker a plan and, if reasonably required by the undertaker, a ground monitoring scheme in respect of those works.

• (2) The plan to be submitted to the undertaker under sub-paragraph (1) must include a method statement and describe—

• (a) the exact position of the works;

• (b) the level at which these are proposed to be constructed or renewed;

• (c) the manner of their construction or renewal including details of excavation, positioning of plant etc;

• (d) the position of all apparatus;

• (e) by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus; and

• (f) any intended maintenance regimes.

• (3) The promoter must not commence any works to which sub-paragraphs (1) and (2) apply until the undertaker has given written approval of the plan so submitted.

• (4) Any approval of the undertaker required under sub-paragraph (2)—

• (a) may be given subject to reasonable conditions for any purpose mentioned in sub-paragraphs (5) or (7); and,

• (b) must not be unreasonably withheld.

• (5) In relation to any work to which sub-paragraphs (1) and/or (2) apply, the undertaker may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing its apparatus against interference or risk of damage or for the purpose of providing or securing proper and convenient means of access to any apparatus.

• (6) Works to which this paragraph applies must only be executed in accordance with the plan, submitted under sub-paragraph (1) or as relevant sub-paragraph (4), as approved or as amended from time to time by agreement between the promoter and the undertaker and in accordance with such reasonable requirements as may be made in accordance with sub-paragraphs (5) or (7) by the undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the undertaker will be entitled to watch and inspect the execution of those works.

• (7) Where the undertaker requires any protective works to be carried out by itself or by the promoter (whether of a temporary or permanent nature) such protective works, inclusive of any measures or schemes required and approved as part of the plan approved pursuant to this paragraph, must be carried out to the undertakers’ satisfaction prior to the commencement of any authorised works (or any relevant part thereof) for which protective works are required and the undertaker must give 56 days’ notice of such works from the date of submission of a plan pursuant to this paragraph (except in an emergency).

• (8) If the undertaker in accordance with sub-paragraphs (5) or (7) and in consequence of the works proposed by the promoter, reasonably requires the removal of any apparatus and gives written notice to the promoter of that requirement, paragraphs 1 to 3 and 6 to 8 apply as if the removal of the apparatus had been required by the promoter under paragraph 7(2).

• (9) Nothing in this paragraph precludes the promoter from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of the authorised works, a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph will apply to and in respect of the new plan.

• (10) The promoter will not be required to comply with sub-paragraph (1) where it needs to carry out emergency works as defined in the 1991 Act but in that case it must give to the undertaker notice as soon as is reasonably practicable and a plan of those works and must—

• (a) comply with sub-paragraphs (5), (6) and (7) insofar as is reasonably practicable in the circumstances; and

• (b) comply with sub-paragraph (11) at all times.

• (11) At all times when carrying out any works authorised under the Order the undertaker must comply with the undertaker’s policies for safe working in proximity to gas apparatus “Specification for safe working in the vicinity of National Grid, High pressure Gas pipelines and associated installation requirements for third parties T/SP/SSW22” and HSE’s “HS(~G)47 Avoiding Danger from underground services”.

• (12) As soon as reasonably practicable after any ground subsidence event attributable to the authorised development the promoter shall implement an appropriate ground mitigation scheme save that the undertaker retains the right to carry out any further necessary protective works for the safeguarding of its apparatus and can recover any such costs in line with paragraph 10.

Retained apparatus: protection of Electricity Undertakers

10

• (1) Not less than 56 days before the commencement of any authorised works that are near to, or will or may affect, any apparatus the removal of which has not been required by the promoter under paragraph 7(2) or otherwise, the promoter must submit to the undertaker a plan of the works to be executed and seek from National Grid details of the underground extent of their electricity tower foundations.

• (2) In relation to works which will or may be situated on, over, under or within (i) 15 metres measured in any direction of any apparatus, or (ii) involve embankment works within 15 metres of any apparatus, the plan to be submitted to the undertaker under sub-paragraph (1) must include a method statement and describe—

• (a) the exact position of the works;

• (b) the level at which these are proposed to be constructed or renewed;

• (c) the manner of their construction or renewal including details of excavation, positioning of plant;

• (d) the position of all apparatus;

• (e) by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus;

• (f) any intended maintenance regimes; and

• (g) an assessment of risks of rise of earth issues.

• (3) In relation to any works which will or may be situated on, over, under or within 10 metres of any part of the foundations of an electricity tower or between any two or more electricity towers, the plan to be submitted under sub-paragraph (1) must, in addition to the matters set out in sub-paragraph (2), include a method statement describing—

• (a) details of any cable trench design including route, dimensions, clearance to pylon foundations;

• (b) demonstration that pylon foundations will not be affected prior to, during and post construction;

• (c) details of load bearing capacities of trenches;

• (d) details of cable installation methodology including access arrangements, jointing bays and backfill methodology;

• (e) a written management plan for high voltage hazard during construction and ongoing maintenance of the cable route;

• (f) written details of the operations and maintenance regime for the cable, including frequency and method of access;

• (g) assessment of earth rise potential if reasonably required by the undertaker’s engineers; and

• (h) evidence that trench bearing capacity is to be designed to 26 tonnes to take the weight of overhead line construction traffic.

• (4) The promoter must not commence any works to which sub-paragraphs (2) or (3) apply until the undertaker has given written approval of the plan so submitted.

• (5) Any approval of the undertaker required under sub-paragraphs (2) or (3)—

• (a) may be given subject to reasonable conditions for any purpose mentioned in sub-paragraphs (6) or (8); and

• (b) must not be unreasonably withheld.

• (6) In relation to any work to which sub-paragraphs (2) or (3) apply, the undertaker may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing its apparatus against interference or risk of damage or for the purpose of providing or securing proper and convenient means of access to any apparatus.

• (7) Works to which this paragraph applies must only be executed in accordance with the plan, submitted under sub-paragraph (1) or as relevant sub-paragraph (5), as approved or as amended from time to time by agreement between the promoter and the undertaker and in accordance with such reasonable requirements as may be made in accordance with sub-paragraphs (6) or (8) by the undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the undertaker will be entitled to watch and inspect the execution of those works.

• (8) Where the undertaker requires any protective works to be carried out by itself or by the promoter (whether of a temporary or permanent nature) such protective works, inclusive of any measures or schemes required and approved as part of the plan approved pursuant to this paragraph, must be carried out to the undertakers’ satisfaction prior to the commencement of any authorised works (or any relevant part thereof) for which protective works are required and the undertaker shall give 56 days’ notice of such works from the date of submission of a plan pursuant to this paragraph (except in an emergency).

• (9) If the undertaker in accordance with sub-paragraphs (6) or (8) and in consequence of the works proposed by the promoter, reasonably requires the removal of any apparatus and gives written notice to the promoter of that requirement, paragraphs 1 to 3 and 6 to 8 apply as if the removal of the apparatus had been required by the promoter under paragraph 7(2).

• (10) Nothing in this paragraph precludes the promoter from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of the authorised works, a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph shall apply to and in respect of the new plan.

• (11) The promoter will not be required to comply with sub-paragraph (1) where it needs to carry out emergency works as defined in the 1991 Act but in that case it must give to the undertaker notice as soon as is reasonably practicable and a plan of those works and must—

• (a) comply with sub-paragraphs (6), (7) and (8) insofar as is reasonably practicable in the circumstances; and

• (b) comply with sub-paragraph (12) at all times.

• (12) At all times when carrying out any works authorised under the Order, the promoter must comply with the undertaker’s policies for development near overhead lines EN43-8 and HSE’s guidance note 6 “Avoidance of Danger from Overhead Lines”.

Expenses

11

• (1) Subject to the following provisions of this paragraph, the promoter must pay to the undertaker on demand all charges, costs and expenses reasonably anticipated or incurred by the undertaker in, or in connection with, the inspection, removal, relaying or replacing, alteration or protection of any apparatus or the construction of any new or alternative apparatus which may be required in consequence of the execution of any authorised works as are referred to in this Part of this Schedule including without limitation—

• (a) any costs reasonably incurred by or compensation properly paid by the undertaker in connection with the acquisition of rights or the exercise of statutory powers for such apparatus including without limitation all costs incurred by the undertaker as a consequence of the undertaker;

• (i) using its own compulsory purchase powers to acquire any necessary rights under paragraph 7(3); and/or

• (ii) exercising any compulsory purchase powers in the Order transferred to or benefitting the undertaker;

• (b) in connection with the cost of the carrying out of any diversion work or the provision of any alternative apparatus;

• (c) the cutting off of any apparatus from any other apparatus or the making safe of redundant apparatus;

• (d) the approval of plans;

• (e) the carrying out of protective works, plus a capitalised sum to cover the cost of maintaining and renewing permanent protective works;

• (f) the survey of any land, apparatus or works, the inspection and monitoring of works or the installation or removal of any temporary works reasonably necessary in consequence of the execution of any such works referred to in this Part of this Schedule.

• (2) There will be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Part of this Schedule and which is not re-used as part of the alternative apparatus, 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 promoter or, in default of agreement, is not determined by arbitration in accordance with article 40 (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 undertaker by virtue of sub-paragraph (1) will be reduced by the amount of that excess save where it is not possible in the circumstances to obtain the existing type of apparatus at the same capacity and dimensions or place at the existing depth in which case full costs will be borne by the promoter.

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

• (a) an extension of apparatus to a length greater than the length of existing apparatus will 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 will 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 undertaker in respect of works by virtue of sub-paragraph (1) will, 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 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.

Indemnity

12

• (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any such works authorised by this Part of this Schedule or in consequence of the construction, use, maintenance or failure of any of the authorised works by or on behalf of the promoter or in consequence of any act or default of the promoter (or any person employed or authorised by him) in the course of carrying out such works, including without limitation works carried out by the promoter under this Part of this Schedule or any subsidence resulting from any of these works, any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of the authorised works) or property of the undertaker, or there is any interruption in any service provided, or in the supply of any goods, by the undertaker, or the undertaker becomes liable to pay any amount to any third party, the promoter will—

• (a) bear and pay on demand the cost reasonably incurred by the undertaker in making good such damage or restoring the supply; and

• (b) indemnify the undertaker for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from the undertaker, by reason or in consequence of any such damage or interruption or the undertaker becoming liable to any third party as aforesaid other than arising from any default of the undertaker.

• (2) The fact that any act or thing may have been done by the undertaker on behalf of the promoter or in accordance with a plan approved by the undertaker or in accordance with any requirement of the undertaker or under its supervision will not (unless sub-paragraph (3) applies), excuse the promoter from liability under the provisions of this sub-paragraph (1) unless the undertaker fails to carry out and execute the works properly with due care and attention and in a skilful and workman like manner or in a manner that does not accord with the approved plan.

• (3) Nothing in sub-paragraph (1) shall impose any liability on the promoter in respect of—

• (a) any damage or interruption to the extent that it is attributable to the neglect or default of the undertaker, its officers, servants, contractors or agents; and

• (b) any authorised works and/or any other works authorised by this Part of this Schedule carried out by the undertaker as an assignee, transferee or lessee of the undertaker with the benefit of the Order pursuant to section 156 of the Planning Act 2008 or article 7 (consent to transfer benefit of Order) subject to the proviso that once such works become apparatus (“new apparatus”), any authorised works yet to be executed and not falling within this sub-section 3(b) will be subject to the full terms of this Part of this Schedule including this paragraph 12.

• (4) The undertaker must give the promoter reasonable notice of any such third party claim or demand and no settlement or compromise must, unless payment is required in connection with a statutory compensation scheme, be made without first consulting the promoter and considering their representations.

• (5) Not to commence construction (and not to permit the commencement of such construction) of the authorised works on any land owned by the undertaker or in respect of which the undertaker has an easement or wayleave for its apparatus or any other interest or to carry out any works within 15 metres of the undertaker’s apparatus until the following conditions are satisfied—

• (a) unless and until the undertaker is satisfied acting reasonably (but subject to all necessary regulatory constraints) that the promoter has first provided the acceptable security (and provided evidence that it shall maintain such acceptable security for the construction period of the authorised works from the proposed date of commencement of construction of the authorised works) and the undertaker has confirmed the same to the promoter in writing; and

• (b) unless and until the undertaker is satisfied acting reasonably (but subject to all necessary regulatory constraints) that the promoter has procured acceptable insurance (and provided evidence to the undertaker that it shall maintain such acceptable insurance for the construction period of the authorised works from the proposed date of commencement of construction of the authorised works) and undertaker has confirmed the same in writing to the promoter.

• (6) In the event that the promoter fails to comply sub-section (5) nothing in this Part of this Schedule shall prevent the undertaker from seeking injunctive relief (or any other equitable remedy) in any court of competent jurisdiction.

Enactments and agreements

13

Save to the extent provided for to the contrary elsewhere in this Part of this Schedule or by agreement in writing between the undertaker and the promoter, nothing in this Part of this Schedule shall affect the provisions of any enactment or agreement regulating the relations between the promoter and the undertaker in respect of any apparatus laid or erected in land belonging to the promoter on the date on which this Order is made.

Co-operation

14

• (1) Where in consequence of the proposed construction of any of the authorised works, the promoter or an undertaker requires the removal of apparatus under paragraph 7(2) or an undertaker makes requirements for the protection or alteration of apparatus under paragraphs 9(5), 9(7), 10(6) or 10(8), the promoter shall use its best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe and efficient operation of the undertaker’s undertaking and each undertaker shall use its best endeavours to co-operate with the promoter for that purpose.

• (2) For the avoidance of doubt whenever the statutory undertaker’s consent, agreement or approval to is required in relation to plans, documents or other information submitted by the undertaker or the taking of action by the undertaker, it must not be unreasonably withheld or delayed.

Access

15

If in consequence of the agreement reached in accordance with paragraph 6(1) or the powers granted under this Order the access to any apparatus is materially obstructed, the promoter must provide such alternative means of access to such apparatus as will enable the undertaker to maintain or use the apparatus no less effectively than was possible before such obstruction.

Arbitration

16

Save for differences or disputes arising under paragraph 7(2), 7(4), 8(1), 9 and 11(5) any difference or dispute arising between the promoter and the undertaker under this Part of this Schedule must, unless otherwise agreed in writing between the promoter and the undertaker, be determined by arbitration in accordance with article 40 (arbitration).

PART 2 — FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

17

For the protection of the operator referred to in this Part of this Schedule, the following provisions, unless otherwise agreed in writing between the undertaker and the operator concerned, are to have effect.

18

In this Part of this Schedule–

• “the 2003 Act” means the Communications Act 2003[^f00028];

• “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;

• “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 which the Secretary of State is providing or proposing to provide;

• “electronic communications code operator” means a person in whose case the 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.

19

The exercise of the powers conferred by article 29 (statutory undertakers) is subject to paragraph 23 of Schedule 2 of the Telecommunications Act 1984[^f00029].

20

• (1) Subject to paragraphs 20(2) and 20(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 costs 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 expenses, loss, damaged, penalty or costs incurred by it.

• (2) Nothing in paragraph 20(1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that 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 notice of any such claim or demand and no settlement or compromise may be made without the consent of the undertaker which, if it withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

21

This Part of this Schedule 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.

22

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.

PART 3 — FOR THE PROTECTION OF THE CANAL & RIVER TRUST

23

The following provisions are to have effect for the protection of the Canal & River Trust, unless otherwise agreed in writing between the undertaker and the Canal & River Trust.

24

In this Part of this Schedule–

• “construction” includes execution, placing, alteration and reconstruction and “construct” and “constructed” have corresponding meanings;

• “the engineer” means an engineer appointed by the Canal & River Trust and approved by the undertaker for the purposes of this Order;

• “Canal & River Trust” means the Canal & River Trust acting as a trustee of the Waterways Infrastructure Trust or any successor body performing the same functions and which holds any waterways within the order limits;

• “code of practice” means the Code of Practice for Works Affecting the Canal & River Trust April 2016 as amended from time to time;

• “detriment” means any damage to the waterway or any other property of the Canal & River Trust caused by the presence of the authorised works and, without prejudice to the generality of that meaning, includes– any effect on the stability of the Canal & River Trust property or the safe operation of any waterway; any obstruction of, or interference with, or hindrance or damage to, navigation or to any use of the waterway (including towing paths); the erosion of the bed or banks of the waterway, or the impairment of the stability of any works, lands or premises forming part of the waterway; the deposit of materials or the siltation of the waterway so as to damage the waterway; the pollution of the waterway; any significant alteration in the water level of the waterway, or significant interference with the supply of water thereto, or drainage of water therefrom; any harm to the ecology of the waterway (including any adverse impact on any site of special scientific interest comprised in the Canal & River Trust network); and any interference with the exercise by any person of rights over the Canal & River Trust’s network;

• “plans” includes sections, designs, design data, drawings, specifications, soil reports, calculations, descriptions (including descriptions of methods of construction), programmes and details of the extent, timing and duration of any proposed use and/or occupation of any Canal & River Trust property;

• “specified work” means so much of Work No.10 as is situated upon, across, under, over or within 15 metres of, or may in any way affect the waterway; and

• “waterway” means the canal within the order limits and includes any pond or other waterway or course situated on Canal & River Trust property, any works, services, apparatus, equipment, lands (including subsoil) or premises belonging to or under the control of the Canal & River Trust and held or used by it in connection with its statutory functions.

25

• (1) Where under this Part of this Schedule or anywhere else under this Order the Canal & River Trust (or the engineer) is required to give its consent or approval in respect of any matter, that consent or approval is subject to the condition that the Canal & River Trust must observe the provisions of its code of practice for works affecting waterways and where the code of practice is adhered to and its provisions observed, such consent must not be unreasonably withheld. For the avoidance of doubt, any consent may be issued subject to reasonable conditions including any condition which required compliance with the code of practice or any applicable part thereof and in respect of article 16 (discharge of water), it is reasonable to impose the following conditions–

• (a) requiring the payment of such charges as are typically charged by the owner of the relevant waterway;

• (b) specifying the maximum volume of water which may be discharged in any period; and

• (c) authorising the Canal & River Trust on giving reasonable notice (except in an emergency, when the Canal & River Trust may require immediate suspension) to the undertaker to require the undertaker to suspend the discharge of water or reduce the flow of water where this is necessary by reason of any operational or environmental requirement of the Canal & River Trust

• (2) In so far as any specified work or the acquisition of rights under and/or over or use of the Canal & River Trust property is or may be subject to the code of practice, the Canal & River Trust must–

• (a) co-operate with the undertaker with a view to avoiding undue delay and securing conformity as between any plans approved by the engineer and requirements emanating from that code; and

• (b) use its reasonable endeavours to avoid any conflict arising between the application of that code and the proper implementation of the authorised development pursuant to this Order.

26

• (1) The undertaker must not exercise the powers conferred by article 20 (compulsory acquisition of land) or the powers conferred by section 11(3) of the 1965 Act against the Canal & River Trust in respect of any Canal & River Trust property.

• (2) The undertaker must not in the exercise of the powers conferred by this Order prevent pedestrian or vehicular access to any of the Canal & River Trust property, unless preventing such access is with the consent of the Canal & River Trust.

• (3) The undertaker must not exercise the powers conferred by sections 271 or 272 of the 1990 Act, as applied by article 29 (statutory undertakers) to this Order, in relation to any right of access of the Canal & River Trust to Canal & River Trust property, but such right of access may be diverted with the consent of the Canal & River Trust.

• (4) The undertaker shall not exercise any power conferred by this Order to discharge water into the waterway under article 16 (discharge of water) or in any way interfere with the supply of water to or the drainage of water from the waterway unless such exercise is with the consent of the Canal & River Trust, save as to surface water discharge which will not require the consent of the Canal & River Trust.

• (5) The undertaker shall not exercise the powers conferred by article 18 (authority to survey and investigate the land) of this Order in relation to the waterway unless such exercise is with the consent of the Canal & River Trust.

27

• (1) The undertaker must before commencing construction of any specified work or carrying out any works on Canal & River Trust property whatsoever supply to the Canal & River Trust proper and sufficient plans of that work and such further particulars available to it as the Canal & River Trust may within 14 days of the submission of the plans reasonably require for the reasonable approval (having regard to the undertaker’s timetable for the construction of the authorised development) of the engineer and the specified work must not be commenced without such approval except in accordance with article 40 (arbitration).

• (2) If–

• (a) at the expiry of the period of 28 days beginning on the date on which plans (and any other particulars reasonably required under sub-paragraph (1)) have been submitted to the Canal & River Trust for its consent under sub-paragraph (1); and