The Wrexham Gas Fired Generating Station Order 2017

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

• (4) The procedure set out in paragraph 3(1) of Schedule 10 (procedure for discharge of requirements) has effect in relation to any refusal by an authority, beneficiary of protective provisions, or an owner as referred to in paragraph (1) of this article to any consent, agreement or approval required under this Order, including such as may be required pursuant to the protective provisions contained within Schedule 9 (protective provisions).

• (5) Where any application is made as described in paragraph (1), the undertaker must include a statement in such application that refers to the timeframe for consideration of the application and the consequences of failure to meet that timeframe as prescribed by paragraph (3).

Arbitration

38

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

Funding

39

• (1) The undertaker must not exercise the powers conferred by the provisions referred to in paragraph (2) in relation to any land unless it has first put in place either—

• (a) a guarantee and the amount of that guarantee approved by the Secretary of State in respect of the liabilities of the undertaker to pay compensation under this Order in respect of the exercise of the relevant power in relation to that land; or

• (b) an alternative form of security and the amount of that security for that purpose approved by the Secretary of State.

• (2) The provisions are—

• (a) article 17 (compulsory acquisition of land);

• (b) article 18 (compulsory acquisition of rights etc);

• (c) article 22 (acquisition of subsoil only);

• (d) article 24 (private rights);

• (e) article 25 (rights under or over streets);

• (f) article 26 (temporary use of land for carrying out the authorised development);

• (g) article 27 (temporary use of land for maintaining the authorised development); and

• (h) article 28 (statutory undertakers).

• (3) A guarantee or alternative form of security given in respect of any liability of the undertaker to pay compensation under this Order is to be treated as enforceable against the guarantor or person providing the alternative form of security by any person to whom such compensation is payable and must be in such a form as to be capable of enforcement by such a person.

• (4) Nothing in this article requires a guarantee or alternative form of security to be in place for more than 15 years after the date on which the relevant power is exercised.

SCHEDULE 1 — AUTHORISED DEVELOPMENT

In the County Borough of Wrexham—

A nationally significant infrastructure project as defined in sections 14 and 15 of the 2008 Act comprising—

Work No. 1A development comprising—

• (a) one gas turbine building with up to two gas turbines, and one steam turbine building with one steam turbine, each connected to its own generator with a gross rated electrical output of up to 299 MWe;

• (b) up to two exhaust gas emission flue stacks;

• (c) up to two Heat Recovery Steam Generator buildings with up to two Heat Recovery Steam Generators (HRSG’s);

• (d) air cooled condenser; and

• (e) switchgear room.

Work No. 1B development comprising—

• (a) a workshop;

• (b) telemetry apparatus;

• (c) auxiliary distilled fuel oil generator; and

• (d) a natural gas pressure regulating installation (PRI) (also known as a gas receiving station and gas treatment compound) within the power station complex containing—

• (i) full bore 400mm nominal bore manually and remotely actuated isolation valves;

• (ii) bypass valves, slam-shut valves, creep-relief valves and pressure reduction valves;

• (iii) gas filters;

• (iv) liquid separator;

• (v) up to two 100% gas heaters (bath water type);

• (vi) gas meter(s);

• (vii) non-return and relief valves;

• (viii) control and instrument kiosk;

• (ix) electricity supply kiosk;

• (x) a section of isolated pipe suitable for receiving a pressure inspection gauge (PIG) (also known as PIG launching/receiving facility); and

• (xi) high pressure steel pipeline with a nominal bore of 400mm.

Work No. 1C development comprising—

• (a) a water treatment system;

• (b) a raw/fire water storage tank and up to two water storage tanks; and

• (c) an above ground foul water pump station.

Work No. 1D development comprising—

• (a) a 132kV switchyard containing plant required to manage the transmission of electricity into the distribution network; and

• (b) up to three transformer compounds with up to three transformers.

Work No. 1E development comprising an administration/control building.

Work No. 1F development comprising a heat network interface building.

Work No. 1G development comprising—

• (a) security infrastructure, including cameras, perimeter fencing, fencing, gate and a gatehouse;

• (b) site lighting infrastructure, including perimeter lighting columns and lights;

• (c) internal roadways, car parking, pedestrian network, cycle parking and hardstanding;

• (d) foul, surface water and trade effluent drainage (including underground pipework and access chambers);

• (e) waste management infrastructure;

• (f) electricity, water, wastewater and telecommunications and other services;

• (g) site preparation works including earthworks and enabling works and tree removal;

• (h) high voltage and low voltage cabling, equipment and controls and associated telemetry and electrical protection auxiliary cabling;

• (i) part of underground gas pipeline connection;

• (j) other ancillary equipment; and

• (k) construction compound.

Work No. 2A development comprising temporary construction laydown and car parking area comprising—

• (a) fencing;

• (b) tree removal;

• (c) lighting infrastructure including lighting columns and lighting;

• (d) concrete batching plant;

• (e) signage;

• (f) security kiosk;

• (g) weighbridge;

• (h) staff welfare cabins; and

• (i) site preparation works including earthworks and enabling works and tree removal.

Work No. 2B development comprising—

• (a) creation of a construction laydown and car parking area comprising—

• (i) fencing;

• (ii) tree removal;

• (iii) lighting infrastructure including lighting columns and lighting;

• (iv) concrete batching plant;

• (v) signage;

• (vi) security kiosk;

• (vii) weighbridge;

• (viii) staff welfare cabins; and

• (ix) site preparation works including earthworks and enabling works and tree removal; and

• (b) an operational and maintenance laydown area comprising—

• (i) hardstanding;

• (ii) lighting columns and lights; and

• (iii) fencing.

Work No. 3 development comprising—

• (a) surface water drainage comprising—

• (i) underground pipework;

• (ii) access chambers; and

• (iii) outfall to Redwither Brook;

• (b) tree removal;

• (c) landscaping and ecological mitigation; and

• (d) construction and maintenance of up to three surface water retention pond(s) providing a total minimum capacity of 2,085m3 and vortex flow control to limit the discharge rate to a maximum of 12.2 litres per second.

Work No. 4 development comprising landscaping, bunding, fencing, boundary treatments, tree planting, habitat creation and ecological mitigation.

Work No. 5 development comprising the alteration of the existing access road to Kingmoor Park, off the east side of Bryn Lane including levelling, regrading and resurfacing,

and such other ancillary buildings, structures, works or operations as are integral to and part of the construction, operation and maintenance of the works in this Schedule 1 but only within the Order limits and insofar as they are unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.

SCHEDULE 2 — DOCUMENTS AND PLANS TO BE CERTIFIED

(1) Document name	(2) Document reference	(3) Revision number	(4) Date
access rights of way plan	2.4	2	September 2016
book of reference	4.3	3	January 2017
design objectives statement, contained within—
design and access statement	5.3	0	March 2016
environmental statement, comprising—
Volume 1: Non-Technical Summary to Environmental Statement (English)	6.1	0	March 2016
Volume 1: Non-Technical Summary to Environmental Statement (Welsh	6.1	0	March 2016
Volume 2: Environmental Statement, Main Statement	6.2	0	March 2016
Volume 3: Environmental Statement Figures	6.3	0	March 2016
Volume 4: Environmental Statement Appendices, amended by:	6.4	0	March 2016
Appendix 14.3: Drainage Strategy	6.4.9	1	November 2016
Appendix 19.1: Draft Construction Environmental Management Plan	6.4.11	2	November 2016
Addendum to Environmental Statement Cumulative Effects Assessment - Electrical Connection	11.8	0	September 2016
illustrative landscape and ecological mitigation master plan	2.9.7 (sheet 1 of 7)	0	March 2016
land plans	2.2	5	January 2017
works plan	2.3	0	March 2016

SCHEDULE 3 — REQUIREMENTS

Time limits

1

The authorised development must be commenced within five years of the date that this Order is made.

Detailed design approval

2

• (1) The authorised development must be carried out in accordance with the approved plans, inclusive of any limits of deviation, bearing the references listed below and any other plans, drawings, documents, details, schemes, statements or strategies which are approved by the relevant planning authority pursuant to any requirement (as the same may be amended by approval of the relevant planning authority pursuant to requirement 15(1))—

works plan	Submission document reference number 2.3
access rights of way plan	Submission document reference number 2.4

• (2) The authorised development must not exceed the maximum parameters specified in Table 3 below (as the same may be amended by approval of the relevant planning authority under requirement 15(1))—

(1) Element of authorised development	(2) Maximum height (metres) above a site level of 30 metres AOD	(3) Maximum width (metres)	(4) Maximum length (metres)	(5) Other parameters
Gas turbine building (part of numbered work 1A)	25 metres	45 metres	60 metres	-
Each Heat Recovery Steam Generator Building (part of numbered work 1A)	35 metres	13 metres	25 metres	-
Each exhaust gas emission flue stack (part of numbered work 1A)	50 metres	-	-	Maximum diameter 6.5 metres
Steam turbine building (part of numbered work 1A)	21 metres	26 metres	45 metres	-
Air cooled condenser (part of numbered work 1A)	26 metres	48 metres	48 metres	-
Switchgear room (part of numbered work 1D)	5 metres	10 metres	15 metres	-
Raw/fire water storage tank (part of numbered work 1C)	20 metres	-	-	Maximum diameter 15 metres
Each water storage tank (part of numbered work 1C)	20 metres	-	-	Maximum diameter 5 metres
Water treatment system (part of numbered work 1C)	10 metres	25 metres	20 metres	-
Workshop (part of numbered work 1B)	10 metres	20 metres	30 metres	-
Natural gas pressure regulating installation (PRI) (part of numbered work 1B)	5 metres	25 metres	35 metres	-
Administration/ control building (numbered work 1E)	10 metres	10 metres	20 metres	-
Heat network interface building (numbered work 1F)	15 metres	25 metres	45 metres	-
The first transformer compound (part of numbered work 1D)	6 metres	15 metres	15 metres	-
The second and third transformer compounds (part of numbered work 1D)	6 metres	10 metres	15 metres	-
132kV switchyard (part of work numbered 1D)	10 metres	42 metres	73 metres	-
Perimeter fencing (part of numbered work 1G)	2.5 metres	-	-	-

• (3) To the extent that design objectives relating to any numbered work are set out in the design objectives statement, that numbered work must be designed substantially in accordance with the relevant design objective set out therein.

• (4) Numbered work 1 and, in respect of the security kiosk and weighbridge only, numbered work 2B may not commence until written details of the following have been submitted to and approved by the relevant planning authority—

• (a) the siting, design, external appearance, dimensions and floor levels of all permanent buildings and structures; and

• (b) the colour, materials and surface finishes of all permanent buildings and structures.

• (5) The details to be submitted for approval under sub-paragraph (4) must include appropriately scaled plans and sectional drawings.

Provision of and implementation and maintenance of landscaping and ecological mitigation

3

• (1) No authorised development may commence until a written landscaping and ecological mitigation scheme has been submitted to and approved by the relevant planning authority. The landscaping and ecological mitigation scheme must be substantially in accordance with the illustrative landscape and ecological mitigation master plan and must include details of all proposed hard and soft landscaping and ecological mitigation works, including—

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

• (b) site restoration cultivation, importing of materials including topsoil and subsoil handling and storage in accordance with BS 3882:2015 and other landscape reinstatement operations in accordance with BS 4428:1989 Code of Practice for general Landscape Operations, and the earthworks specification to ensure plant establishment;

• (c) proposed finished ground levels;

• (d) an arboricultural method statement including details of existing trees and tree groups identified for retention, management and reinforcement with the type and extent of protection to be in accordance with BS 5837: 2012;

• (e) implementation timetables for all landscaping works;

• (f) surface water attenuation ponds;

• (g) the locations of low fertility (where applicable) for invertebrates;

• (h) butterfly habitat planting; and

• (i) the ecological monitoring and management included in the environmental statement.

• (2) The relevant planning authority must consult NRW before determining the landscaping and ecological mitigation scheme under sub-paragraph (1). The procedure set out in paragraph 1 of Schedule 10 (procedure for discharge of requirements) shall apply.

• (3) The landscaping and ecological mitigation works must be carried out in accordance with the approved landscaping and ecological mitigation scheme.

• (4) The landscaping and ecological mitigation works must be carried out in accordance with implementation timetables approved under sub-paragraph (1).

• (5) Any tree or shrub planted as part of the approved landscaping 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, unless otherwise approved by the relevant planning authority.

• (6) The landscaping and ecological mitigation works must be managed and maintained throughout the life of the authorised development to ensure the long term adequacy of the approved landscaping and ecological mitigation scheme.

Construction and Environment Management Plan

4

• (1) No authorised development may commence until a construction and environment management plan has been submitted to and approved by the relevant planning authority. The construction and environment management plan must be substantially in accordance with the draft construction and environment management plan forming part of the environmental statement insofar as it relates to the relevant numbered work and must include the following—

• (a) the mechanism for ensuring that all relevant environmental controls and mitigation are incorporated into a construction method statement;

• (b) confirmation that no explosive blasting will be carried out during any demolition;

• (c) environmental objectives and targets;

• (d) environmental monitoring;

• (e) roles and responsibilities;

• (f) means of communication, record keeping, reporting, auditing and review;

• (g) complaints procedures;

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

• (i) details of construction lighting to protect potential foraging/commuting features;

• (j) habitats protection measures, including fencing, protection zones for retained trees and bat roosts and means of escape for badgers and other small mammals;

• (k) measures to minimise the spread of invasive species;

• (l) a site waste management plan;

• (m) surface and ground water protection measures (including bunding potential contaminate sources);

• (n) a construction drainage strategy;

• (o) a methodology for using harvested water where possible;

• (p) ecology, landscape and visual impact mitigation to include details of any trees or hedgerows to be removed during construction; and

• (q) a protocol in the event that unexpected contaminated land is identified during ground investigation or construction.

• (2) The relevant planning authority must consult NRW before determining the construction environment management plan under sub-paragraph (1). The procedure set out in paragraph 1 of Schedule 10 (procedure for discharge of requirements) shall apply.

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

• (4) The undertaker may submit for approval by the relevant planning authority a construction and environment management plan for each of numbered work 1, numbered work 2, numbered work 3, numbered work 4, and numbered work 5 individually, and, in such a case, only those parts of the authorised development forming the numbered work the subject of the construction and environment management plan may be commenced following the approval of such a construction and environment management plan.

Ground investigation

5

• (1) Each of numbered works 1 to 5 must not be commenced until, for that numbered work, a scheme (which may be included in the construction environment management plan) to deal with the contamination of any land, including groundwater, which is likely to cause significant harm to persons or significant pollution of controlled waters or the environment has been submitted to and approved in writing by the relevant planning authority.

• (2) The relevant planning authority must consult NRW before determining the scheme under sub-paragraph (1). The procedure set out in paragraph 1 of Schedule 10 (procedure for discharge of requirements) shall apply.

• (3) The scheme must include an assessment report, prepared by a specialist consultant, to identify the likely extent of any contamination and any remedial measures that may be required to be taken to render the land fit for its intended purpose, together with a management plan which sets out long-term measures with respect to any contaminants remaining on the site.

• (4) Any required remediation must be carried out in accordance with the approved scheme.

Piling

6

• (1) No piling may commence until a piling strategy has been submitted to and approved by the relevant planning authority, such strategy to include a piling risk assessment, the results of such assessment and the piling techniques to be used in carrying out the authorised development.

• (2) Piling must be carried out in accordance with the approved strategy.

Fencing and other means of enclosure

7

• (1) No authorised development may commence until details of the proposed fencing and other means of enclosure for the authorised development have been submitted to and approved by the relevant planning authority.

• (2) Fencing and other means of enclosure must be carried out in accordance with the approved details.

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

• (4) The undertaker may submit for approval by the relevant planning authority details of the proposed means of enclosure for each of numbered work 1G, numbered work 2A and numbered work 2B individually and, in such a case, only those parts of the authorised development forming the numbered work the subject of the details of the proposed means of enclosure may be commenced following the approval of such details.

Archaeology

8

• (1) No authorised development may commence until a written scheme setting out the methodology for the investigation of areas of archaeological interest has been submitted to and approved by the relevant planning authority.

• (2) The scheme must provide for—

• (a) the carrying out of a geophysical survey of greenfield areas within the Order land;

• (b) a targeted archaeological investigation of any anomalies that may be identified by the geophysical surveys;

• (c) the identification of areas where a watching brief is required; and

• (d) the measures to be taken to protect, record or preserve any significant archaeological remains that may be found.

• (3) The scheme approved under sub-paragraph (1) must be carried out by a suitably qualified person or body.

• (4) Any watching brief must be carried out in accordance with the approved scheme.

• (5) The undertaker may submit for approval by the relevant planning authority a scheme for each of numbered work 1, numbered work 2, numbered work 3, numbered work 4, and numbered work 5 individually, and, in such a case, only those parts of the authorised development forming the numbered work the subject of the scheme may be commenced following the approval of such a scheme.

Construction traffic management plan

9

• (1) No authorised development may commence until a construction traffic management plan has been submitted to and approved by the relevant planning authority in consultation with the relevant highway authority. The construction traffic management plan must be substantially in accordance with the draft construction traffic management plan forming part of the environmental statement insofar as it relates to the relevant numbered work and must include the following—

• (a) details of a plan to encourage car sharing between construction workers travelling to the site, including details encouraging the use of the routes as set out in the construction vehicle routeing plans referred to in sub-paragraph (b);

• (b) construction vehicle routing plans;

• (c) details of a HGV vehicle booking management system;

• (d) site access plans and 24 hour access arrangements;

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

• (f) proposals for the scheduling and timing of movements of delivery vehicles including details of abnormal indivisible loads together with the staggering of construction workers start and finish times;

• (g) pre-notification of deliveries involving abnormal indivisible loads and details of where an appropriately authorised vehicle escort would be required;

• (h) proposals for temporary warning signs and banksmen and appropriate escort details (including for horse riders, cyclists and users of the road network and public rights of way);

• (i) measures to ensure the protection of users of any footpath within the Order limits which may be affected by the construction of the authorised development (including details of any proposed temporary closures and diversions and notification thereof where necessary);

• (j) details of the on-site parking arrangements for construction plant and vehicles; and

• (k) proposals for traffic management controls (such as temporary signals), diversion routes and signage required during construction of the authorised development.

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

• (3) The undertaker may submit for approval by the relevant planning authority a construction traffic management plan for each of numbered work 1, numbered work 2, numbered work 3, numbered work 4, and numbered work 5 individually, and, in such a case, only those parts of the authorised development forming the numbered work the subject of the construction traffic management plan may be commenced following the approval of such a construction traffic management plan.

• (4) During the operation of the generating station no abnormal indivisible loads may be transported into or out of the site without the prior written approval of the relevant planning authority in consultation the relevant highways authority.

• (5) In this requirement “abnormal indivisible load” has the same meaning as in the Road Vehicles (Authorisation of Special Types) (General) Order 2003²⁶.

Travel plan during operational phase

10

• (1) Prior to the date of final commissioning a written operational travel plan must be submitted to and approved by the relevant planning authority. Such operational travel plan to include—

• (a) objectives and targets; and

• (b) measures and initiatives to promote sustainable travel.

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

Construction hours

11

• (1) Construction work for the authorised development must not take place outside the hours of—

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

• (b) 07:00 to 13:00 on Saturdays and public holidays.

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

• (3) Nothing in sub-paragraph (1) precludes a start-up period from 06:30 to 07:00 and a shut-down period from 19:00 to 19:30 on weekdays (excluding public holidays) and a start-up period from 06:30 to 07:00 and a shut-down period from 13:00 to 13:30 on Saturdays and public holidays.

Foul and surface water drainage

12

• (1) Numbered works 1, 2 and 3 must not commence until written details of the surface water drainage system and separate written details of the foul water drainage system for the operation of the authorised development have been submitted to and approved by the relevant planning authority. The submitted details must be substantially in accordance with the illustrative foul and surface water drainage strategy.

• (2) The relevant planning authority must consult NRW and Dŵr Cymru Welsh Water before determining the details of the surface water drainage system and the foul water drainage system under sub-paragraph (1). The procedure set out in paragraph 1 of Schedule 10 (procedure for discharge of requirements) applies.

• (3) The surface water drainage system and the foul water drainage system for the authorised development must be constructed and maintained in accordance with the approved details.

Artificial lighting

13

• (1) No generation of electricity on a commercial basis is to take place until written details of the control of artificial lighting during maintenance and operation of the authorised development have been submitted to and approved by the relevant planning authority, such details to include the timetable for implementation of the artificial lighting and measures to keep external lighting to the minimum necessary for operational safety and security reasons, incorporating cut-offs to reduce light pollution.

• (2) The relevant planning authority must consult NRW before determining the details of artificial lighting under sub-paragraph (1). The procedure set out in paragraph 1 of Schedule 10 (procedure for discharge of requirements) shall apply.

• (3) The artificial lighting for the authorised development must be implemented in accordance with the approved details.

• (4) The undertaker may submit for approval by the relevant planning authority written details of the artificial lighting during maintenance and operation of the authorised development for each of numbered work 1G and numbered work 2B individually forming the numbered work the subject of the written details of the control of artificial lighting and, in such a case, only those parts of the authorised development may be commenced following the approval of such details.

Local economic benefit

14

• (1) No part of the authorised development must commence until a scheme for the promotion of local economic benefit from the authorised development in the County Borough of Wrexham has been submitted to and approved by the relevant planning authority. Such scheme must include—

• (a) a commitment on the undertaker to invite to tender companies with addresses in the County Borough of Wrexham as the relevant planning authority may notify to the undertaker in writing;

• (b) a methodology for the use of local people and local businesses, where appropriate, in relation to the construction of the authorised development; and

• (c) a strategy for the provision of training opportunities for local companies (who are successful under sub-paragraph (a)) or local people who are employed to work on the authorised development under sub-paragraph (b).

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

Amendments to approved details

15

• (1) Subject to sub-paragraph (2), the undertaker may submit to the relevant planning authority for approval any amendments to any plans, drawings, documents, details, schemes, statements or strategies which require approval by the relevant planning authority pursuant to any requirement (the “Approved Plans, Details or Schemes”). Following any such approval by the relevant planning authority the Approved Plans, Details or Schemes are to be taken to include the amendments approved pursuant to this sub-paragraph (1).

• (2) Sub-paragraph (1) does not apply to the works plan or the access rights of way plan.

• (3) Approval under sub-paragraph (1) and requirement 2(2) 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 is unlikely to 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).

Combined heat and power

16

• (1) Prior to the date of final commissioning, a review of potential opportunities for the use of heat from the authorised development must be submitted to and approved by the relevant planning authority.

• (2) The review must provide for the on-going monitoring and full exploration of potential opportunities to use heat from the authorised development and for the provision of subsequent reviews of such opportunities as necessary.

• (3) Where viable opportunities for the use of heat are identified, a scheme for the provision of the necessary plant and pipework to the boundary of numbered work 1 must be submitted to and approved by the relevant planning authority; any plant and pipework installed up to the boundary of numbered work 1 to enable the use of heat must be installed in accordance with the agreed details.

• (4) The undertaker must carry out the on-going monitoring, exploration of potential opportunities to use heat from the authorised development and any subsequent reviews in accordance with the review of potential opportunities approved under sub-paragraph (1).

Decommissioning strategy

17

• (1) Subject to obtaining the necessary consents and unless otherwise agreed with the relevant planning authority, within twenty four months of the Order land ceasing to be used for the purposes of electricity generation (either actively generating electricity or being available to generate electricity on a standby basis), a scheme for the demolition and removal of numbered work 1 must be submitted to the relevant planning authority.

• (2) The scheme submitted to the relevant planning authority for approval under sub-paragraph (1) must be substantially in accordance with the construction and environment management plan approved under paragraph 4(1) of this Schedule 3.

• (3) The demolition and removal of numbered work 1 must be implemented in accordance with the approved scheme.

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

Requirements for written approval, etc.

18

• (1) Where under any of the above requirements the approval or agreement of the relevant planning authority or any other party is required, that approval or agreement must be provided in writing and must not be unreasonably withheld or delayed.

• (2) Where under any of the above requirements a written scheme is required it must be accompanied by such illustrations as are necessary and appropriate in the circumstances.

Date of final commissioning and cessation

19

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

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

SCHEDULE 4 — STREETS SUBJECT TO PERMANENT ALTERATION OF LAYOUT

(1) Area	(2) Street subject to alteration of layout	(3) Description of alteration
In the County Borough of Wrexham	Kingmoor Park Access Road	From line A-B to points C and D shown on the access and rights of way plan improvements to the existing access (the bellmouth of the Kingmoor Park Access Road as shown at line A-B on the access rights of way plan), resurfacing and regrading of the Kingmoor Park Access Road

SCHEDULE 5 — STREETS SUBJECT TO STREET WORKS

(1)Area	(2)Streets subject to street works	(3)Description of street works
In the County Borough of Wrexham	Kingmoor Park Access Road	Street works to upgrade the existing access (the bellmouth of the Kingmoor Park Access Road as shown between line A-B on the access rights of way plan) and to upgrade and widen the Kingmoor Park Access Road between line A-B and points C and D on the access rights of way plan
In the County Borough of Wrexham	Oak Road	Street works to horizontally directionally drill a gas pipeline with a nominal bore of 400mm underneath Oak Road
In the County Borough of Wrexham	Maelor Gas Works Access Road and Southern Access Track	Street works to emplace a gas pipeline with a nominal bore of 400mm underneath the Maelor Gas Works Access Road and Southern Access Track

SCHEDULE 6 — TEMPORARY PROHIBITION OR RESTRICTION OF THE USE OF STREETS

(1) Area	(2) Street subject to temporary prohibition or restriction of use	(3) Extent of temporary prohibition or restriction of use of streets
In the County Borough of Wrexham	Kingmoor Park Access Road	Prohibition/Restriction: Between lines A-B and point D on the access rights of way plan being approximately 111 metres Purpose of the Prohibition/Restriction: Temporary closure of no more than half the width of the Kingmoor Park Access Road at any time in order to carry out numbered works 1-5
In the County Borough of Wrexham	Oak Road	Prohibition/Restriction: Between lines E-F and G-H on the access rights of way plan being approximately 111 metres Purpose of the Prohibition/Restriction: Temporary closure of no more than half the width of Oak Road at any time in order to facilitate development necessary for the authorised development that takes place within the Order land
In the County Borough of Wrexham	Maelor Gas Works Access Road and Southern Access Track	Prohibition/Restriction: Between points K and J and lines L-M on the access rights of way plan being approximately 365 metres Purpose of the Prohibition/Restriction: Temporary closure of no more than half the width of the Maelor Gas Works Access Road and Southern Access Track at any time in order to facilitate development necessary for the authorised development that takes place within the Order land
In the County Borough of Wrexham	Public Right of Way known as ISY/18	Prohibition/Restriction: Between lines P-Q on the access rights of way plan being approximately 64m Purpose of the Prohibition/Restriction: Temporary closure of the Public Right of Way at any time during the construction of numbered works 1-5 as is required to facilitate or is incidental to the carrying out of the authorised development
In the County Borough of Wrexham	Public Right of Way known as SES/25	Prohibition/Restriction: Between lines R-S on the access rights of way plan being approximately 103m Purpose of the Prohibition/Restriction: Temporary closure of the Public Right of Way at any time during the construction of numbered works 1-5 as is required to facilitate or is incidental to the carrying out of the authorised development

SCHEDULE 7 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF NEW RESTRICTIONS

Compensation enactments

1

The enactments for the time being in force with respect to compensation for the compulsory purchase of land apply, with the necessary modifications as respects compensation, in the case of a compulsory acquisition under this Order of a right by the creation of a new right or the imposition of a restriction as they apply as respects compensation on the compulsory purchase of land and interests in land.

2

• (1) Without prejudice to the generality of paragraph 1, the Land Compensation Act 1973²⁷ 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 as substituted by paragraph 4—

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

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

3

• (1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1961 has effect subject to the modification set out in sub-paragraph (2).

• (2) In section 5A (5A) (relevant valuation date) of the 1961 Act, for (a) and (b) substitute—

(a) the acquiring authority enters on land for the purpose of exercising a right in pursuance of a notice of entry under section 11(1) of the 1965 Act; (b) the acquiring authority is subsequently required by a determination under paragraph 13 of Schedule 2A to the 1965 Act (as substituted by paragraph 9 of Schedule 5 to the Wrexham Gas Fired Generating Station Order 2017) to acquire an interest in the land, and

Application of the 1965 Act

4

• (1) For the purposes of Article 18 only the 1965 Act is subject to the modifications in sub-paragraph 3(2).

• (2) For section 7 of the 1965 Act (measure of compensation) there is substituted the following section—

(7) In assessing the compensation to be paid by the acquiring authority under this Act, regard is had not only to the extent (if any) to which the value of the land over which the right is to be acquired or the restrictive covenant is to be imposed is depreciated by the acquisition of the right or the imposition of the restrictive covenant but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.

5

The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say—

• (a) section 9(4) (failure by owners to convey);

• (b) paragraph 10(3) of Schedule 1 (owners under incapacity);

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

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

are so modified as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily created and acquired or the restrictive covenant which is to be imposed is vested absolutely in the acquiring authority.

6

Section 11 of the 1965 Act (powers of entry) is so modified as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right or restrictive covenant it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant (which is deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on warrant in the event of obstruction) of the 1965 Act is modified correspondingly.

7

Section 20 of the 1965 Act (protection for interests of tenants at will, etc.) applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right or the enforcement of the restrictive covenant in question.

8

Section 22 of the 1965 Act (protection of acquiring authority’s possession where by inadvertence an estate, right or interest has not been got in) is so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right created and acquired and to continue to be entitled to the benefit of the restrictive covenant imposed, subject to compliance with that section as respects compensation.

9

For Schedule 2A to the 1965 Act substitute—

SCHEDULE2A (1) This Schedule applies where an acquiring authority serve a notice to treat in respect of a right over, or restrictive covenant affecting, the whole or part of a house, building or factory and have not executed a general vesting declaration under section 4 of the 1981 Act as applied by article 19 (application of the Compulsory Purchase (Vesting Declarations) Act 1981) in respect of the land to which the notice to treat relates. (2) In this Schedule, “house” includes any park or garden belonging to a house. (3) A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the authority to purchase the owner’s interest in the house, building or factory. (4) A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served. (5) On receiving a counter-notice, the acquiring authority must decide whether to— (a) withdraw the notice to treat, (b) accept the counter-notice, or (c) refer the counter-notice to the Upper Tribunal. (6) The authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”). (7) If the authority decide to refer the counter-notice to the Upper Tribunal they must do so within the decision period. (8) If the authority do not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period. (9) If the authority serve notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in the house, building or factory. (10) On a referral under paragraph 7, the Upper Tribunal must determine whether the acquisition of the right or the imposition of the restrictive covenant would— (a) in the case of a house, building or factory, cause material detriment to the house, building or factory, or (b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs. (11) In making its determination, the Upper Tribunal must take into account— (a) the effect of the acquisition of the right or the imposition of the covenant, (b) the use to be made of the right or covenant proposed to be acquired or imposed, and (c) if the right or covenant is proposed to be acquired or imposed for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land. (12) If the Upper Tribunal determines that the acquisition of the right or the imposition of the covenant would have either of the consequences described in paragraph 10, it must determine how much of the house, building or factory the authority ought to be required to take. (13) If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in that land. (14) (1) If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land. (2) If the acquiring authority withdraws the notice to treat under this paragraph they must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice. (3) Any dispute as to the compensation is to be determined by the Upper Tribunal.

SCHEDULE 8 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

(1) Location	(2) Number of land shown on land plans	(3) Purpose for which temporary possession may be taken
Land at Kingmoor Park, Wrexham located off the east side of Bryn Lane	PS1A	Temporary use to facilitate construction for numbered works 1-5
Land at Kingmoor Park, Wrexham located off the east side of Bryn Lane	PS1B	Temporary use to facilitate construction for numbered works 1-5
Land at Plum Tree Farm, Isycoed, Wrexham	GC3A	Temporary use to facilitate construction of other development necessary for the authorised development that takes place within the Order land
Land at Big Bryn Farm, Isycoed, Wrexham	GC4A	Temporary use to facilitate construction of other development necessary for the authorised development that takes place within the Order land
Land at Big Bryn Farm, Isycoed, Wrexham	GC4B	Temporary use to facilitate construction of other development necessary for the authorised development that takes place within the Order land
Land at Big Bryn Farm, Isycoed, Wrexham	GC4C	Temporary use to facilitate construction of other development necessary for the authorised development that takes place within the Order land
Land at Big Bryn Farm, Isycoed, Wrexham	GC4D	Temporary use to facilitate construction of other development necessary for the authorised development that takes place within the Order land
Land at Cae Brynner Farm, Bowling Bank, Wrexham	GC5A	Temporary use to facilitate construction of other development necessary for the authorised development that takes place within the Order land
Land at Cae Brynner Farm, Bowling Bank, Wrexham	GC5B	Temporary use to facilitate construction of other development necessary for the authorised development that takes place within the Order land
Land at Cae Brynner Farm, Bowling Bank, Wrexham	GC5D	Temporary use to facilitate construction of other development necessary for the authorised development that takes place within the Order land
Land at Cae Brynner Farm, Bowling Bank, Wrexham	GC5E	Temporary use to facilitate construction of other development necessary for the authorised development that takes place within the Order land
Land adjoining Cae Brynner Farm, Bowling Bank, Wrexham	GC7A	Temporary use to facilitate construction of other development necessary for the authorised development that takes place within the Order land
Land adjoining Cae Brynner Farm, Bowling Bank, Wrexham	GC7B	Temporary use to facilitate construction of other development necessary for the authorised development that takes place within the Order land
Land adjoining Cae Brynner Farm, Bowling Bank, Wrexham	GC7C	Temporary use to facilitate construction of other development necessary for the authorised development that takes place within the Order land
Land located to the west side of the B5130	GC8A	Temporary use to facilitate construction of other development necessary for the authorised development that takes place within the Order land
Land adjoining Higher Oak, Oak Road, Wrexham	GC9B	Temporary use to facilitate construction of other development necessary for the authorised development that takes place within the Order land
Land adjoining Higher Oak, Oak Road, Wrexham	GC9C	Temporary use to facilitate construction of other development necessary for the authorised development that takes place within the Order land
Land adjoining Lower Oak Farm, Bowling Bank, Wrexham	GC10A	Temporary use to facilitate construction of other development necessary for the authorised development that takes place within the Order land
Land adjoining Lower Oak Farm, Bowling Bank, Wrexham	GC10B	Temporary use to facilitate construction of other development necessary for the authorised development that takes place within the Order land
Land adjoining Lower Oak Farm, Bowling Bank, Wrexham	GC10C	Temporary use to facilitate construction of other development necessary for the authorised development that takes place within the Order land
Land at Pickhill Bridge Farm, Cross Lanes, Wrexham	GC12A - except in relation to that land or those interests held by the Welsh Ministers	Temporary use to facilitate construction of other development necessary for the authorised development that takes place within the Order land
Land at Pickhill Bridge Farm, Cross Lanes, Wrexham	GC12B - except in relation to that land or those interests held by the Welsh Ministers	Temporary use to facilitate construction of other development necessary for the authorised development that takes place within the Order land
Land at Pickhill Bridge Farm, Cross Lanes, Wrexham	GC12D - except in relation to that land or those interests held by the Welsh Ministers	Temporary use to facilitate construction of other development necessary for the authorised development that takes place within the Order land
Land at Pickhill Bridge Farm, Cross Lanes, Wrexham	GC12E - except in relation to that land or those interests held by the Welsh Ministers	Temporary use to facilitate construction of other development necessary for the authorised development that takes place within the Order land
Land at Pickhill Bridge Farm, Cross Lanes, Wrexham located to the north of the Maelor Gasworks	SAT1A - except in relation to that land or those interests held by the Welsh Ministers	Temporary use to facilitate construction of other development necessary for the authorised development that takes place within the Order land
Land at Pickhill Bridge Farm, Cross Lanes, Wrexham located to the north of the Maelor Gasworks	GC14A - except in relation to that land or those interests held by the Welsh Ministers	Temporary use to facilitate construction of other development necessary for the authorised development that takes place within the Order land
Land at Pickhill Bridge Farm, Cross Lanes, Wrexham located to the north of the Maelor Gasworks	GC14B - except in relation to that land or those interests held by the Welsh Ministers	Temporary use to facilitate construction of other development necessary for the authorised development that takes place within the Order land
Land at Pickhill Bridge Farm, Cross Lanes, Wrexham located to the north of the Maelor Gasworks	GC15A - except in relation to that land or those interests held by the Welsh Ministers	Temporary use to facilitate construction of other development necessary for the authorised development that takes place within the Order land
Land at Pickhill Bridge Farm, Cross Lanes, Wrexham	GC16A - except in relation to that land or those interests held by the Welsh Ministers	Temporary use to facilitate construction of other development necessary for the authorised development that takes place within the Order land
Land at Pickhill Bridge Farm, Cross Lanes, Wrexham	GC16B - except in relation to that land or those interests held by the Welsh Ministers	Temporary use to facilitate construction of other development necessary for the authorised development that takes place within the Order land
Land at Pickhill Bridge Farm, Cross Lanes, Wrexham	GC16C - except in relation to that land or those interests held by the Welsh Ministers	Temporary use to facilitate construction of other development necessary for the authorised development that takes place within the Order land
Land at Pickhill Bridge Farm, Cross Lanes, Wrexham	GC17A - except in relation to that land or those interests held by the Welsh Ministers	Temporary use to facilitate construction of other development necessary for the authorised development that takes place within the Order land

SCHEDULE 9 — PROTECTIVE PROVISIONS

PART 1 — FOR THE PROTECTION OF NATIONAL GRID

Application

1

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

Interpretation

2

• (1) In this Part of this Schedule—

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

• “apparatus” means mains, pipes or other apparatus belonging to or maintained by National Grid for the purposes of gas supply;

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

• “functions” includes powers and duties;

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

• “National Grid” means National Grid Gas plc (Company No. 02006000) whose registered office is at 1-3 Strand, London, WC2N 5EH; and

• “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;

• “specified work” means so much of any of the works comprised in the authorised development or activities undertaken in association with the authorised development 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 undertaker under paragraph 5(3) or otherwise; and/orinclude any of the activities that are referred to in paragraph 8 of TP/SSW/22 (National Grid’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”).

• (2) Except for paragraphs 3 (apparatus of National Grid in streets subject to temporary prohibition or restriction), 7 (retained apparatus: protection of National Grid as gas undertaker), 8 (expenses) and 9 (indemnity) this Schedule does not apply to apparatus in respect of which the relations between the undertaker and National Grid are regulated by the provisions of Part 3 of the 1991 Act.

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

3

Notwithstanding the temporary prohibition or restriction under the powers of article 11 (temporary prohibition or restriction of use of streets), National Grid shall be at liberty at all times to take all necessary access across any such street and/or to execute and do all such works and things in, upon or under any such street as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the prohibition or restriction was in that street.

Acquisition of land

4

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

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

Removal of apparatus

5

• (1) If, in the exercise of the agreement reached in accordance with paragraph 4 or in any other authorised manner, the undertaker acquires any interest in any land in which any apparatus is placed, that apparatus must not be removed under this part of this Schedule and any right of National Grid to maintain that apparatus in that land shall not be extinguished until alternative apparatus has been constructed, and is in operation to the reasonable satisfaction of National Grid in accordance with sub-paragraphs (3) to (6) inclusive.

• (2) As a condition of agreement between the parties in paragraph 4, prior to the carrying out of any part of the authorised development (or in such other timeframe as may be agreed between the National Grid and the undertaker) 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 National Grid and/or affects the provisions of any enactment or agreement regulating the relations between National Grid and the undertaker in respect of any apparatus laid or erected in land belonging to or secured by the undertaker, the undertaker must as National Grid reasonably requires enter into such deeds of consent upon such terms and conditions as may be agreed between National Grid and the undertaker acting reasonably and which must be no less favourable on the whole to National Grid unless otherwise agreed by National Grid, and it will be the responsibility of the undertaker 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 development.

• (3) If, for the purpose of executing any works comprised in the authorised development in, on, under or over any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, it must give to National Grid 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 National Grid reasonably needs to remove any of its apparatus) the undertaker shall, subject to sub-paragraph (4) afford to National Grid to their satisfaction (taking into account paragraph 6(1) below) the necessary facilities and rights for—

• (a) the construction of alternative apparatus in other land of the undertaker; and

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

• (4) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (3), in the land in which the alternative apparatus or part of such apparatus is to be constructed, National Grid must, on receipt of a written notice to that effect from the undertaker, 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 National Grid to use its compulsory purchase powers to this end unless it elects to so do.

• (5) Any alternative apparatus to be constructed in land of or land secured by the undertaker under this part of this Schedule shall be constructed in such manner and in such line or situation as may be agreed between National Grid and the undertaker.

• (6) National Grid must, after the alternative apparatus to be provided or constructed has been agreed, and subject to the grant to National Grid of any such facilities and rights as are referred to in sub-paragraph (3) or (4), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this part of this Schedule.

Facilities and rights for alternative apparatus

6

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

• (2) If the facilities and rights to be afforded by the undertaker and agreed with National Grid 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 National Grid 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 shall be referred to arbitration and, the arbitrator shall make such provision for the payment of compensation by the undertaker to National Grid as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case. In respect of the appointment of an arbitrator under this sub-paragraph (2), article 38 (arbitration) of the Order shall apply.

Retained apparatus: protection of National Grid as Gas Undertaker

7

• (1) Not less than 56 days before the commencement of any specified work that does not require the removal of apparatus under paragraph 5(3) (removal of apparatus) the undertaker must submit to National Grid a plan and seek from National Grid details of the apparatus belonging to or maintained by National Grid.

• (2) The plan to be submitted to National Grid under sub-paragraph (1) must show—

• (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; and

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

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

• (4) Any approval of National Grid 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 or delayed.