The National Grid (Richborough Connection Project) Development Consent Order 2017

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

Operational land for purposes of the 1990 Act

36

Development consent granted by this Order must be treated as specific planning permission for the purposes of section 264(3)(a) of the 1990 Act (cases in which land is to be treated as operational land for the purposes of that Act).

Defence to proceedings in respect of statutory nuisance

37

• (1) Where proceedings are brought under section 82(1) of the Environmental Protection Act 1990²⁴ (summary proceedings by persons aggrieved by statutory nuisances) in relation to a nuisance falling within paragraph (g) of section 79(1) of that Act (noise emitted from premises so as to be prejudicial to health or a nuisance) no order must be made, and no fine may be imposed, under section 82(2) of that Act if—

• (a) the defendant shows that the nuisance—

• (i) relates to premises used by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development and that the nuisance is attributable to the carrying out of the authorised development in accordance with a notice served under section 60 (control of noise on construction site), or a consent given under section 61 (prior consent for work on construction site) or 65 (noise exceeding registered level), of the Control of Pollution Act 1974²⁵; or

• (ii) is a consequence of the construction or maintenance of the authorised development and that it cannot reasonably be avoided; or

• (b) the defendant shows that the nuisance—

• (i) relates to premises used by the undertaker for the purposes of or in connection with the use of the authorised development and that the nuisance is attributable to the use of the authorised development which is being used in accordance with the Noise and Vibration Management Plan prepared under Requirement 5 of Schedule 3 (requirements) to this Order; or

• (ii) is a consequence of the use of the authorised development and that it cannot reasonably be avoided.

• (2) Section 61(9) (prior consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990) of the Control of Pollution Act 1974 does not apply where the consent relates to the use of premises by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development.

Temporary closure of, and works in, the river Stour

38

• (1) The undertaker may, in connection with the construction of the authorised development, temporarily interfere with the relevant part of the river.

• (2) Without limitation on the powers conferred by paragraph (1) but subject to paragraph (4) the undertaker may, in connection with the construction of the authorised development—

• (a) temporarily moor or anchor barges or other vessels or craft in the relevant part of the river and may load or unload into and from such barges, other vessels or craft equipment, machinery, soil and any other materials in connection with the construction or maintenance of the authorised development; and

• (b) on grounds of health and safety only, temporarily close to navigation the relevant part of the river.

• (3) The power conferred by paragraphs (1) and (2) shall be exercised in such a way which secures—

• (a) that no more of the relevant part of the river is closed to navigation at any time than is necessary in the circumstances; and

• (b) that, if complete closure to navigation of the relevant part of the river becomes necessary, all reasonable steps are taken to secure that the period of closure is kept to a minimum and that the minimum obstruction, delay or interference is caused to vessels or craft which may be using or intending to use the part so closed.

• (4) Any person who suffers loss as a result of the suspension of any private right of navigation under this article is entitled to be paid compensation for such loss by the undertaker, to be determined, in case of dispute, under Part 1 of the 1961 Act.

• (5) In this article, “the relevant part of the river” means so much of the river Stour as is shown hatched in yellow on the access and rights of way and public rights of navigation plan.

Traffic regulation

39

• (1) Subject to the provisions of this article, and the consent of the traffic authority in whose area the road concerned is situated, the undertaker may at any time, for the purposes of the construction of the authorised development—

• (a) prohibit vehicular access, prohibit waiting of vehicles and regulate vehicular speed by imposing speed restrictions on vehicles in the manner specified in Part 1 of Schedule 12 (traffic regulation) on those roads specified in column (1) and along the lengths and between the points specified in column (2) in the manner specified in column (3) of that Part of that Schedule;

• (b) prohibit vehicular access and prohibit waiting of vehicles in the manner specified in Part 2 of Schedule 12 on those roads specified in column (1) and along the lengths and between the points specified in column (2) in the manner specified in column (3) of that Part of that Schedule; and

• (c) prohibit waiting of vehicles in the manner specified in Part 3 of Schedule 12 on the roads specified in column (1) and along the lengths and between the points specified in column (2) in the manner specified in column (3) of that Part of that Schedule.

• (2) Without limiting the scope of the specific powers conferred by paragraph (1) but subject to the provisions of this article and the consent of the traffic authority in whose area the road concerned is situated, the undertaker may, in so far as may be expedient or necessary for the purposes of or in connection with construction of the authorised development, at any time prior to when the authorised development first becomes operational—

• (a) revoke, amend or suspend in whole or in part any order made, or having effect as if made, under the 1984 Act;

• (b) permit, prohibit or restrict the stopping, parking, waiting, loading or unloading of vehicles on any road;

• (c) authorise the use as a parking place of any road;

• (d) make provision as to the maximum speed, direction or priority of vehicular traffic on any road; and

• (e) permit or prohibit vehicular access to any road,

either at all times or at times, on days or during such periods as may be specified by the undertaker.

• (3) The undertaker must not exercise the powers in paragraphs (1) and (2) unless it has—

• (a) given not less than 28 days’ notice in writing of its intention so to do to the chief officer of police and to the traffic authority in whose area the road is situated; and

• (b) advertised its intention in such manner as the traffic authority may specify in writing within 7 days of its receipt of notice of the undertaker’s intention as provided for in sub-paragraph (a).

• (4) Any prohibition, restriction or other provision made by the undertaker under paragraph (1) or (2)—

• (a) has effect as if duly made by—

• (i) the traffic authority in whose area the road is situated as a traffic regulation order under the 1984 Act; or

• (ii) the local authority in whose area the road is situated as an order under section 32 of the 1984 Act (power of local authorities to provide parking places),

and the instrument by which it is effected may specify savings and exemptions (in addition to those mentioned in Schedule 12 (traffic regulation) to which the prohibition, restriction or other provision is subject; and

• (b) is deemed to be a traffic order for the purposes of Schedule 7 to the Traffic Management Act 2004²⁶ (road traffic contraventions subject to civil enforcement).

• (5) Any prohibition, restriction or other provision made under this article may be suspended, varied or revoked by the undertaker from time to time by subsequent exercise of the powers conferred by paragraphs (1) and (2) at any time prior to the part of the authorised development to which it relates being brought into operational use.

• (6) Before complying with the provisions of paragraph (3) the undertaker must consult the chief officer of police and the traffic authority in whose area the road is situated.

• (7) Expressions used in this article and in the 1984 Act have the same meaning in this article as in that Act.

• (8) If the traffic authority fails to notify the undertaker of its decision within 28 days of receiving an application for consent under paragraphs (1) and (2) the traffic authority is deemed to have granted consent.

Felling or lopping of trees

40

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

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

• (b) from constituting a danger to persons using the authorised development.

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

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

• (4) Development consent granted by this Order is to be treated as planning permission pursuant to Part 3 of the 1990 Act for the purposes of regulation 14 of the Town and Country Planning (Tree Preservation) (England) Regulations 2012²⁷.

Trees subject to tree preservation orders

41

• (1) The undertaker may fell or lop any tree described in Schedule 13 (trees subject to Tree Preservation Orders) and identified on the Trees and Hedgerows to be Removed or Managed Plans, or cut back its roots, if it reasonably believes it to be necessary in order to do so to prevent the tree or shrub—

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

• (b) from constituting a danger to persons using the authorised development.

• (2) In carrying out any activity authorised by paragraph (1)—

• (a) the undertaker must do no unnecessary damage to any tree or shrub and must pay compensation to any person for any damage arising from such activity; and

• (b) the duty in section 206(1) of the 1990 Act (replacement of trees) does not apply.

• (3) The authority given by paragraph (1) constitutes a deemed consent under the relevant tree preservation order.

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

Protection of interests

42

Schedule 14 (protective provisions) has effect.

Certification of plans, etc.

43

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

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

• (b) the book of reference;

• (c) the CEMP;

• (d) the Archaeological Mitigation Written Scheme of Investigation;

• (e) the Biodiversity Mitigation Strategy;

• (f) the Construction Traffic Management Plan;

• (g) the Public Rights of Way Management Plan;

• (h) the Outline Waste Management Plan;

• (i) the Noise and Vibration Management Plan;

• (j) the design drawings;

• (k) the land plans;

• (l) the location plan;

• (m) the special category land and crown land plans;

• (n) the extinguishment of easements, servitudes and other rights plans;

• (o) the traffic regulation order plans;

• (p) the Trees and Hedgerows to be Removed or Managed Plans; and

• (q) the works plans,

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

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

Service of notices

44

• (1) A notice or other document required or authorised to be served for the purposes of this Order may be served—

• (a) by post;

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

• (c) with the written consent of the recipient and subject to paragraphs (5) to (8) by electronic transmission.

• (2) Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.

• (3) For the purposes of section 7 of the Interpretation Act 1978²⁸ (references to service by post) as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address, and otherwise—

• (a) in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and

• (b) in any other case, the last known address of that person at the time of service.

• (4) Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and the name or address of that person cannot be ascertained after reasonable enquiry, the notice may be served by—

• (a) addressing it to that person by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it); and

• (b) either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.

• (5) Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission the requirement is taken to be fulfilled only where—

• (a) the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission in writing or by electronic transmission;

• (b) the notice or document is capable of being accessed by the recipient;

• (c) the notice or document is legible in all material respects; and

• (d) the notice or document is in a form sufficiently permanent to be used for subsequent reference.

• (6) Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within 7 days of receipt that the recipient requires a paper copy of all or part of that notice or other document the sender must provide such a copy as soon as reasonably practicable.

• (7) Any consent to the use of electronic communication given by a person may be revoked by that person in accordance with paragraph (8).

• (8) Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this Order—

• (a) that person must give notice in writing or by electronic transmission revoking any consent given by that person for that purpose; and

• (b) such revocation is final and takes effect on a date specified by the person in the notice but that date must not be less than 7 days after the date on which the notice is given.

• (9) This article does not exclude the employment of any method of service not expressly provided for by it.

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

Procedure regarding certain approvals, etc.

45

• (1) Where an application or request is submitted to a relevant planning authority, the highway authority, a street authority or the owner of a watercourse, sewer or drain for any consent, agreement or approval required or contemplated by any of the provisions of the Order such consent, agreement or approval, if given, must be given in writing, such agreement not to be unreasonably withheld.

• (2) Schedule 4 (discharge of requirements) has effect in relation to all consents, agreements or approvals granted, refused or withheld in relation to the Requirements, and any document referred to in any Requirement.

• (3) The procedure set out in paragraphs 3, 4 and 5 of Schedule 4 (discharge of requirements) has effect in relation to any other consent, agreement or approval required under this Order where such consent, agreement or approval is granted subject to any condition to which the undertaker objects, or is refused or is withheld.

Amendment of local legislation

46

• (1) The local enactments specified in Part 1 of Schedule 15 (amendment of local legislation), and any byelaws or other provisions made under any of those enactments, and the local byelaws specified in Part 2 of that Schedule are hereby excluded and do not apply insofar as inconsistent with a provision, of or a power conferred by, this Order.

• (2) For the purpose of paragraph (1) a provision is inconsistent with the exercise of a power conferred by this Order if and insofar as (in particular)—

• (a) it would make it an offence to take action, or not to take action, in pursuance of a power conferred by this Order;

• (b) action taken in pursuance of a power conferred by this Order would cause the provision to apply so as to enable a person to require the taking of remedial or other action or so as to enable remedial or other action to be taken;

action taken in pursuance of a power or duty under the provisions would or might interfere with the exercise of any work authorised by this Order.

• (3) Where any person notifies the undertaker in writing that anything done or proposed to be done by the undertaker or by virtue of this Order would amount to a contravention of a statutory provision of local application, the undertaker must as soon as reasonably practicable, and at any rate within 14 days of receipt of the notice, respond in writing setting out—

• (a) whether the undertaker agrees that the action taken or proposed does or would contravene the provision of local application;

• (b) if the undertaker does agree, the grounds (if any) on which the undertaker believes that the provision is excluded by this article; and

• (c) the extent of that exclusion.

No double recovery

47

Compensation is not payable in respect of the same matter both under this Order and under any other enactment, any contract or any rule of law, or under two or more different provisions of this Order.

Arbitration

48

Subject to article 45 (procedure regarding certain approvals, etc.) and except where otherwise expressly provided for in this Order or unless otherwise agreed between the parties, any difference under any provision of this Order must be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) by the Secretary of State.

SCHEDULE 1 — AUTHORISED DEVELOPMENT

A nationally significant infrastructure project as defined in sections 14 and 16 of the 2008 Act and associated development within the meaning of section 115(2) of the 2008 Act comprising—

400Kv OVERHEAD LINE

In the City of Canterbury and the District of Thanet and the District of Dover

Work No.1—PC route Canterbury North 400kV Substation to Richborough 400kV Substation

Works to construct a 400kV overhead electric line of approximately 20.6km in length commencing at the Canterbury PC Gantry at Canterbury North 400kV Substation as shown on Works Plan Sheet 1, and terminating at the Richborough PC Gantry at Richborough 400kV Substation as shown on Works Plan Sheet 17. The overhead line consists of 60 pylons and the installation of conductors, insulators and fittings.

In the City of Canterbury

Work No.2 — Temporary site compound

Works to construct a temporary site compound, at the location shown on Works Plan Sheet 4 to include—

• (a) temporary car parking, hard standing and roadways;

• (b) temporary offices and staff welfare portable cabins;

• (c) temporary materials, tools and fuel storage areas;

• (d) temporary storage of plant and equipment;

• (e) wheel cleaning facilities;

• (f) security fencing; and

• (g) construction and security lighting.

In the District of Thanet

Work No.3 — Temporary site compound

Works to construct a temporary site compound, at the location shown on Works Plan Sheet 17 to include—

• (a) temporary car parking, hard standing and roadways;

• (b) temporary offices and staff welfare portable cabins;

• (c) temporary materials, tools and fuel storage areas;

• (d) temporary storage of plant and equipment;

• (e) wheel cleaning facilities;

• (f) security fencing; and

• (g) construction and security lighting.

UK POWER NETWORKS WORKS

In the City of Canterbury

Work No.4A — PX route temporary diversion

Works to allow the construction and installation of two single circuit 132kV overhead electric lines supported by wooden poles and the installation of conductors, insulators and fittings between pylons PX8 and PX9, as shown on Works Plan Sheet 2.

Work No.4B – PX route temporary diversion

Works to allow the construction and installation of two single circuit 132kV overhead electric lines supported by wooden poles and the installation of conductors, insulators and fittings between pylons PX44 and PX46. The removal of existing pylon PX45 and associated conductors, insulators and fittings as shown on Works Plan Sheet 10.

In the District of Thanet

Work No.4C — PX route temporary diversion

Works to allow the construction and installation of two single circuit 132kV overhead electric lines supported by wooden poles and the installation of conductors, insulators and fittings between pylons PX56 and PX60. The removal of existing pylons PX57, PX58 and PX59 and associated conductors, insulators and fittings as shown on Works Plan Sheets 12 and 13.

Work No.5A — Temporary diversion of part of the PY route.

Works to allow the temporary diversion of part of the 132kV overhead electric line as shown on Works Plan Sheets 12 and 13 comprising the construction and installation of a single circuit 132kV overhead electric line supported by wooden poles and the installation of conductors, insulators and fittings between pylons PY19 and PY20TB1.

Work No.5B — Temporary diversion of part of the PY route.

Works to allow the temporary diversion of part of the 132kV overhead electric line as shown on Works Plan Sheets 12 and 13 comprising the construction and installation of a single circuit 132kV overhead electric line supported by wooden poles and the installation of conductors, insulators and fittings between pylons PY19 and PY20TA1.

Work No.5C —PY route

Works to construct and install a new section of 132kV overhead electricity line between PY19 and PY22 as shown on Works Plan Sheet 12 and 13. The overhead line consists of 6 pylons and the installation of conductors, insulators and fittings.

Work No.5D – Removal of part of the PY route

Works to allow the removal of part of the 132kV PY route between PY19 and PY22 as shown on Works Plan Sheets 12 and 13 comprising the removal of existing pylons PY20 and PY21 and the two single circuit 132kV overhead electric line temporary wooden pole diversion between pylons PY19 and PY20TB1 and between pylons PY19 and PY20TA1 and all associated conductors, insulators and fittings.

In the City of Canterbury

Work No.6A — PX route removal

Works to allow the removal of 1.3km of the 132kV PX route overhead electric line commencing at the Canterbury South 132kV Substation PX connection and terminating at Cable Sealing End pylon PX6, including the removal of 6 pylons (PX2 to PX 5, PX5A and PX 6), and associated conductors, insulators and fittings, as shown on Works Plan Sheet 1.

Work No.6B — PX route removal

Works to allow the removal of 9.7km of the 132kV PX route overhead electric line commencing at Cable Sealing End pylon PX7 as shown on Works Plan Sheet 2, and terminating at pylon PX44 as shown on Works Plan Sheet 10 to include the removal of the two single circuit 132kV overhead electric lines between pylons PX8 and PX9 as shown on Works Plan Sheet 2 including the removal of 37 pylons, the wooden poles and associated conductors, insulators and fittings.

Work No.6C — PX route removal

Works to allow the removal of the two single circuit 132kV overhead electric lines commencing at pylon PX44 and terminating at pylon PX46 as shown on Works Plan Sheet 10, including the removal of the wooden poles and associated conductors, insulators and fittings.

In the City of Canterbury and the District of Thanet

Work No.6D — PX route removal

Works to allow the removal of 2.6km of the 132kV PX route overhead electric line commencing at pylon PX46 as shown on Works Plan Sheet 10 and terminating at pylon PX56 as shown on Works Plan Sheet 12 including the removal of 11 pylons and associated conductors, insulators and fittings.

In the District of Thanet

Work No.6E — PX route removal

Works to allow the removal of the two temporary single circuit 132kV overhead electric lines commencing at pylon PX56 as shown on Works Plan Sheet 12 and terminating at pylon PX60 as shown on Works Plan Sheet 13, including the removal of the wooden poles and associated conductors, insulators and fittings.

In the District of Thanet and the District of Dover

Work No.6F — PX route removal

Works to allow the removal of 5.2km of the 132kV PX route overhead electric line commencing at pylon PX60 as shown on Works Plan Sheet 13 and terminating at the Richborough 132kV Substation PX connection as shown on Works Plan Sheet 17 including the removal of 19 pylons and associated conductors, insulators and fittings.

ASSOCIATED DEVELOPMENT

Such associated development within the Order limits as may be necessary or expedient for the purposes of or in connection with the construction or maintenance of the above Work Nos. or any of them consisting of—

• (a) ramps, means of access, footpaths, bridleways, trackways and pontoons;

• (b) embankment, bridge, aprons, abutments, foundations, retaining walls, drainage, wing walls, fencing and culverts;

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

• (d) works to alter the course of, or otherwise interfere with a watercourse;

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

• (f) works for the benefit or protection of land affected by the authorised development;

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

• (h) works to alter or remove or replace road furniture;

• (i) site preparation works, site clearance (including scaffolding, fencing, vegetation removal, demolition of existing structures and the creation of alternative footpaths); earthworks (including soil stripping and storage, site levelling);

• (j) establishment of site construction compounds, temporary offices, temporary vehicle parking, scaffolding, construction fencing, temporary perimeter enclosure, temporary security fencing, construction related buildings, temporary welfare facilities, construction and security lighting and temporary haulage roads;

• (k) installation of wires, cables, ducts, pipes and conductors;

• (l) such other works, including working sites storage areas, and works of demolition, as may be necessary for the purposes of or in connection with the construction of the authorised development and which do not give rise to any different environmental effects from those assessed in the Environmental Statement; and

• (m) such other works as may be necessary for the purposes of or in connection with the maintenance of the authorised development.

SCHEDULE 2 — PLANS AND DRAWINGS

PART 1 — LOCATION PLAN

Drawing Title	Drawing Number	Revision
Location Plan	PDD-21497-2-OHL-1000	B

PART 2 — ACCESS AND RIGHTS OF WAY AND PUBLIC RIGHTS OF NAVIGATION PLANS

Drawing Title	Drawing Number	Revision
Key Plan for Access, Rights of Way and Public Rights of Navigation Plans	PDD-21497-2-OHL-1141	B
Access, Rights of Way and Public Rights of Navigation Plans – Sheet 1 of 18	PDD-21497-2-OHL-1142	B
Access, Rights of Way and Public Rights of Navigation Plans – Sheet 2 of 18	PDD-21497-2-OHL-1143	B
Access, Rights of Way and Public Rights of Navigation Plans – Sheet 3 of 18	PDD-21497-2-OHL-1144	B
Access, Rights of Way and Public Rights of Navigation Plans – Sheet 4 of 18	PDD-21497-2-OHL-1145	B
Access, Rights of Way and Public Rights of Navigation Plans – Sheet 5 of 18	PDD-21497-2-OHL-1146	B
Access, Rights of Way and Public Rights of Navigation Plans – Sheet 6 of 18	PDD-21497-2-OHL-1147	B
Access, Rights of Way and Public Rights of Navigation Plans – Sheet 7 of 18	PDD-21497-2-OHL-1148	B
Access, Rights of Way and Public Rights of Navigation Plans – Sheet 8 of 18	PDD-21497-2-OHL-1149	B
Access, Rights of Way and Public Rights of Navigation Plans – Sheet 9 of 18	PDD-21497-2-OHL-1150	B
Access, Rights of Way and Public Rights of Navigation Plans – Sheet 10 of 18	PDD-21497-2-OHL-1151	B
Access, Rights of Way and Public Rights of Navigation Plans – Sheet 11 of 18	PDD-21497-2-OHL-1152	B
Access, Rights of Way and Public Rights of Navigation Plans – Sheet 12 of 18	PDD-21497-2-OHL-1153	B
Access, Rights of Way and Public Rights of Navigation Plans – Sheet 13 of 18	PDD-21497-2-OHL-1154	B
Access, Rights of Way and Public Rights of Navigation Plans – Sheet 14 of 18	PDD-21497-2-OHL-1155	B
Access, Rights of Way and Public Rights of Navigation Plans – Sheet 15 of 18	PDD-21497-2-OHL-1156	B
Access, Rights of Way and Public Rights of Navigation Plans – Sheet 16 of 18	PDD-21497-2-OHL-1157	B
Access, Rights of Way and Public Rights of Navigation Plans – Sheet 17 of 18	PDD-21497-2-OHL-1158	B
Access, Rights of Way and Public Rights of Navigation Plans – Sheet 18 of 18	PDD-21497-2-OHL-1159	B
Access, Rights of Way and Public Rights of Navigation Plans – Plan A	PDD-21497-2-OHL-1160	B
Access, Rights of Way and Public Rights of Navigation Plans – Plan B	PDD-21497-2-OHL-1110	B

PART 3 — DESIGN DRAWINGS

Drawing Title	Drawing Number	Revision
Drawing References for Design Drawings	PDD-21497-2-OHL-0058	D
Maximum and Minimum Pylon Heights – Sheet 1 of 21	PDD-21497-2-OHL-0051	C
Dimensions of Typical Poles and Pylons – Sheet 1A of 21	PDD-21497-2-OHL-0060	A
Plan and Profile Drawing – Sheet 2 of 21	PDD-21497-2-OHL-0401	B
Plan and Profile Drawing – Sheet 3 of 21	PDD-21497-2-OHL-0402	B
Plan and Profile Drawing – Sheet 4L of 21	PDD-21497-2-OHL-0434	B
Plan and Profile Drawing – Sheet 5 of 21	PDD-21497-2-OHL-0404	B
Plan and Profile Drawing – Sheet 6 of 21	PDD-21497-2-OHL-0405	B
Plan and Profile Drawing – Sheet 7 of 21	PDD-21497-2-OHL-0406	B
Plan and Profile Drawing – Sheet 8 of 21	PDD-21497-2-OHL-0407	B
Plan and Profile Drawing – Sheet 9 of 21	PDD-21497-2-OHL-0408	B
Plan and Profile Drawing – Sheet 10 of 21	PDD-21497-2-OHL-0409	B
Plan and Profile Drawing – Sheet 11 of 21	PDD-21497-2-OHL-0410	B
Plan and Profile Drawing – Sheet 12 of 21	PDD-21497-2-OHL-0411	B
Plan and Profile Drawing – Sheet 13 of 21	PDD-21497-2-OHL-0412	B
Plan and Profile Drawing – Sheet 14 of 21	PDD-21497-2-OHL-0413	B
Plan and Profile Drawing – Sheet 15 of 21	PDD-21497-2-OHL-0414	B
Plan and Profile Drawing – Sheet 16 of 21	PDD-21497-2-OHL-0415	B
Plan and Profile Drawing – Sheet 17 of 21	PDD-21497-2-OHL-0416	B
Plan and Profile Drawing – Sheet 18 of 21	PDD-21497-2-OHL-0417	B
Plan and Profile Drawing – Sheet 19 of 21	PDD-21497-2-OHL-0418	B
Plan and Profile Drawing – Sheet 20 of 21	PDD-21497-2-OHL-0419	B
Staking Table – Sheet 21 of 21	PDD-21497-2-OHL-0421	A

PART 4 — LAND PLANS

Drawing Title	Drawing Number	Revision
Key Plan for Land Plans	PDD-21497-2-OHL-1021	B
Drawing References for Land Plans	PDD-21497-2-OHL-0959	C
Land Plans – Sheet 1 of 18	PDD-21497-2-OHL-0900	B
Land Plans – Sheet 1A of 18	PDD-21497-2-OHL-0901	B
Land Plans – Sheet 1B of 18	PDD-21497-2-OHL-0902	B
Land Plans – Sheet 1C of 18	PDD-21497-2-OHL-0903	B
Land Plans – Sheet 1D of 18	PDD-21497-2-OHL-0904	B
Land Plans – Sheet 1E of 18	PDD-21497-2-OHL-0905	B
Land Plans – Sheet 1F of 18	PDD-21497-2-OHL-0906	B
Land Plans – Sheet 2 of 18	PDD-21497-2-OHL-0907	B
Land Plans – Sheet 2A of 18	PDD-21497-2-OHL-0908	B
Land Plans – Sheet 2B of 18	PDD-21497-2-OHL-0909	B
Land Plans – Sheet 2C of 18	PDD-21497-2-OHL-0910	B
Land Plans – Sheet 2D of 18	PDD-21497-2-OHL-0911	B
Land Plans – Sheet 3 of 18	PDD-21497-2-OHL-0912	B
Land Plans – Sheet 3A of 18	PDD-21497-2-OHL-0913	B
Land Plans – Sheet 3B of 18	PDD-21497-2-OHL-0914	B
Land Plans – Sheet 4 of 18	PDD-21497-2-OHL-0915	B
Land Plans – Sheet 4A of 18	PDD-21497-2-OHL-0916	B
Land Plans – Sheet 4B of 18	PDD-21497-2-OHL-0917	B
Land Plans – Sheet 5 of 18	PDD-21497-2-OHL-0918	B
Land Plans – Sheet 5A of 18	PDD-21497-2-OHL-0919	B
Land Plans – Sheet 5B of 18	PDD-21497-2-OHL-0920	B
Land Plans – Sheet 5C of 18	PDD-21497-2-OHL-0921	B
Land Plans – Sheet 5D of 18	PDD-21497-2-OHL-0922	B
Land Plans – Sheet 6 of 18	PDD-21497-2-OHL-0923	B
Land Plans – Sheet 7 of 18	PDD-21497-2-OHL-0924	B
Land Plans – Sheet 7A of 18	PDD-21497-2-OHL-0925	B
Land Plans – Sheet 7B of 18	PDD-21497-2-OHL-0926	B
Land Plans – Sheet 7C of 18	PDD-21497-2-OHL-0927	B
Land Plans – Sheet 8 of 18	PDD-21497-2-OHL-0928	B
Land Plans – Sheet 8A of 18	PDD-21497-2-OHL-0929	B
Land Plans – Sheet 8B of 18	PDD-21497-2-OHL-0930	B
Land Plans – Sheet 8C of 18	PDD-21497-2-OHL-0931	B
Land Plans – Sheet 9 of 18	PDD-21497-2-OHL-0932	B
Land Plans – Sheet 9A of 18	PDD-21497-2-OHL-0933	B
Land Plans – Sheet 10 of 18	PDD-21497-2-OHL-0934	B
Land Plans – Sheet 10A of 18	PDD-21497-2-OHL-0935	B
Land Plans – Sheet 10B of 18	PDD-21497-2-OHL-0936	B
Land Plans – Sheet 10C of 18	PDD-21497-2-OHL-0937	B
Land Plans – Sheet 10D of 18	PDD-21497-2-OHL-0938	B
Land Plans – Sheet 11 of 18	PDD-21497-2-OHL-0939	B
Land Plans – Sheet 11A of 18	PDD-21497-2-OHL-0940	B
Land Plans – Sheet 11B of 18	PDD-21497-2-OHL-0941	B
Land Plans – Sheet 11C of 18	PDD-21497-2-OHL-0942	B
Land Plans – Sheet 11D of 18	PDD-21497-2-OHL-0943	B
Land Plans – Sheet 12 of 18	PDD-21497-2-OHL-0944	B
Land Plans – Sheet 12A of 18	PDD-21497-2-OHL-0945	B
Land Plans – Sheet 12B of 18	PDD-21497-2-OHL-0946	B
Land Plans – Sheet 12C of 18	PDD-21497-2-OHL-0947	B
Land Plans – Sheet 13 of 18	PDD-21497-2-OHL-0948	B
Land Plans – Sheet 14 of 18	PDD-21497-2-OHL-0949	B
Land Plans – Sheet 15 of 18	PDD-21497-2-OHL-0950	B
Land Plans – Sheet 15A of 18	PDD-21497-2-OHL-0951	B
Land Plans – Sheet 15B of 18	PDD-21497-2-OHL-0952	B
Land Plans – Sheet 16 of 18	PDD-21497-2-OHL-0953	B
Land Plans – Sheet 16A of 18	PDD-21497-2-OHL-0954	B
Land Plans – Sheet 17 of 18	PDD-21497-2-OHL-0955	D
Land Plans – Sheet 17A of 18	PDD-21497-2-OHL-0956	C
Land Plans – Sheet 17B of 18	PDD-21497-2-OHL-0957	B
Land Plans – Sheet 18 of 18	PDD-21497-2-OHL-0958	B

PART 5 — SPECIAL CATEGORY LAND AND CROWN LAND PLANS

Drawing Title	Drawing Number	Revision
Key Plan for Special Category Land Plans & Crown Land Plans	PDD-21497-2-OHL-1061	C
Special Category Land Plans & Crown Land Plans – Sheet 1 of 18	PDD-21497-2-OHL-1062	C
Special Category Land Plans & Crown Land Plans – Sheet 2 of 18	PDD-21497-2-OHL-1063	B
Special Category Land Plans & Crown Land Plans – Sheet 3 of 18	PDD-21497-2-OHL-1064	B
Special Category Land Plans & Crown Land Plans – Sheet 4 of 18	PDD-21497-2-OHL-1065	B
Special Category Land Plans & Crown Land Plans – Sheet 5 of 18	PDD-21497-2-OHL-1066	B
Special Category Land Plans & Crown Land Plans – Sheet 6 of 18	PDD-21497-2-OHL-1067	B
Special Category Land Plans & Crown Land Plans – Sheet 7 of 18	PDD-21497-2-OHL-1068	B
Special Category Land Plans & Crown Land Plans – Sheet 8 of 18	PDD-21497-2-OHL-1069	B
Special Category Land Plans & Crown Land Plans – Sheet 9 of 18	PDD-21497-2-OHL-1070	B
Special Category Land Plans & Crown Land Plans – Sheet 10 of 18	PDD-21497-2-OHL-1071	B
Special Category Land Plans & Crown Land Plans – Sheet 11 of 18	PDD-21497-2-OHL-1072	C
Special Category Land Plans & Crown Land Plans – Sheet 12 of 18	PDD-21497-2-OHL-1073	C
Special Category Land Plans & Crown Land Plans – Sheet 13 of 18	PDD-21497-2-OHL-1074	B
Special Category Land Plans & Crown Land Plans – Sheet 14 of 18	PDD-21497-2-OHL-1075	B
Special Category Land Plans & Crown Land Plans – Sheet 15 of 18	PDD-21497-2-OHL-1076	B
Special Category Land Plans & Crown Land Plans – Sheet 16 of 18	PDD-21497-2-OHL-1077	B
Special Category Land Plans & Crown Land Plans – Sheet 17 of 18	PDD-21497-2-OHL-1078	B
Special Category Land Plans & Crown Land Plans – Sheet 18 of 18	PDD-21497-2-OHL-1079	B

PART 6 — EXTINGUISHMENT OF EASEMENTS, SERVITUDES AND OTHER RIGHTS PLANS

Drawing Title	Drawing Number	Revision
Key Plan for Extinguishment of Easements, Servitudes and Other Rights Plans	PDD-21497-2-OHL-1081	B
Extinguishment of Easements, Servitudes and Other Rights Plans – Sheet 1 of 18	PDD-21497-2-OHL-1082	A
Extinguishment of Easements, Servitudes and Other Rights Plans – Sheet 2 of 18	PDD-21497-2-OHL-1083	A
Extinguishment of Easements, Servitudes and Other Rights Plans – Sheet 3 of 18	PDD-21497-2-OHL-1084	A
Extinguishment of Easements, Servitudes and Other Rights Plans – Sheet 4 of 18	PDD-21497-2-OHL-1085	A
Extinguishment of Easements, Servitudes and Other Rights Plans – Sheet 5 of 18	PDD-21497-2-OHL-1086	A
Extinguishment of Easements, Servitudes and Other Rights Plans – Sheet 6 of 18	PDD-21497-2-OHL-1087	A
Extinguishment of Easements, Servitudes and Other Rights Plans – Sheet 7 of 18	PDD-21497-2-OHL-1088	A
Extinguishment of Easements, Servitudes and Other Rights Plans – Sheet 8 of 18	PDD-21497-2-OHL-1089	A
Extinguishment of Easements, Servitudes and Other Rights Plans – Sheet 9 of 18	PDD-21497-2-OHL-1090	A
Extinguishment of Easements, Servitudes and Other Rights Plans – Sheet 10 of 18	PDD-21497-2-OHL-1091	A
Extinguishment of Easements, Servitudes and Other Rights Plans – Sheet 11 of 18	PDD-21497-2-OHL-1092	A
Extinguishment of Easements, Servitudes and Other Rights Plans – Sheet 12 of 18	PDD-21497-2-OHL-1093	A
Extinguishment of Easements, Servitudes and Other Rights Plans – Sheet 13 of 18	PDD-21497-2-OHL-1094	A
Extinguishment of Easements, Servitudes and Other Rights Plans – Sheet 14 of 18	PDD-21497-2-OHL-1095	A
Extinguishment of Easements, Servitudes and Other Rights Plans – Sheet 15 of 18	PDD-21497-2-OHL-1096	A
Extinguishment of Easements, Servitudes and Other Rights Plans – Sheet 16 of 18	PDD-21497-2-OHL-1097	A
Extinguishment of Easements, Servitudes and Other Rights Plans – Sheet 17 of 18	PDD-21497-2-OHL-1098	B
Extinguishment of Easements, Servitudes and Other Rights Plans – Sheet 18 of 18	PDD-21497-2-OHL-1099	A

PART 7 — TRAFFIC REGULATION ORDER PLANS

Drawing Title	Drawing Number	Revision
Key Plan for Traffic Regulation Order Plans	PDD-21497-2-OHL-1250	A
Traffic Regulation Order Plans – Sheet 1 of 18	PDD-21497-2-OHL-1251	A
Traffic Regulation Order Plans – Sheet 2 of 18	PDD-21497-2-OHL-1252	A
Traffic Regulation Order Plans – Sheet 3 of 18	PDD-21497-2-OHL-1253	A
Traffic Regulation Order Plans – Sheet 4 of 18	PDD-21497-2-OHL-1254	A
Traffic Regulation Order Plans – Sheet 5 of 18	PDD-21497-2-OHL-1255	A
Traffic Regulation Order Plans – Sheet 6 of 18	PDD-21497-2-OHL-1256	A
Traffic Regulation Order Plans – Sheet 7 of 18	PDD-21497-2-OHL-1257	A
Traffic Regulation Order Plans – Sheet 8 of 18	PDD-21497-2-OHL-1258	A
Traffic Regulation Order Plans – Sheet 9 of 18	PDD-21497-2-OHL-1259	A
Traffic Regulation Order Plans – Sheet 10 of 18	PDD-21497-2-OHL-1260	A
Traffic Regulation Order Plans – Sheet 11 of 18	PDD-21497-2-OHL-1261	A
Traffic Regulation Order Plans – Sheet 12 of 18	PDD-21497-2-OHL-1262	A
Traffic Regulation Order Plans – Sheet 13 of 18	PDD-21497-2-OHL-1263	A
Traffic Regulation Order Plans – Sheet 14 of 18	PDD-21497-2-OHL-1264	A
Traffic Regulation Order Plans – Sheet 15 of 18	PDD-21497-2-OHL-1265	A
Traffic Regulation Order Plans – Sheet 16 of 18	PDD-21497-2-OHL-1266	A
Traffic Regulation Order Plans – Sheet 17 of 18	PDD-21497-2-OHL-1267	A
Traffic Regulation Order Plans – Sheet 18 of 18	PDD-21497-2-OHL-1268	A

PART 8 — TREES AND HEDGEROWS TO BE REMOVED OR MANAGED PLANS

Drawing Title	Drawing Number	Revision
Key Plan for Trees and Hedgerows to be Removed or Managed Plans	PDD-21497-2-OHL-1161	B
Trees and Hedgerows to be Removed or Managed Plans – Sheet 1 of 18	PDD-21497-2-OHL-1162	B
Trees and Hedgerows to be Removed or Managed Plans – Sheet 2 of 18	PDD-21497-2-OHL-1163	B
Trees and Hedgerows to be Removed or Managed Plans – Sheet 3 of 18	PDD-21497-2-OHL-1164	B
Trees and Hedgerows to be Removed or Managed Plans – Sheet 4 of 18	PDD-21497-2-OHL-1165	B
Trees and Hedgerows to be Removed or Managed Plans – Sheet 5 of 18	PDD-21497-2-OHL-1166	B
Trees and Hedgerows to be Removed or Managed Plans – Sheet 6 of 18	PDD-21497-2-OHL-1167	B
Trees and Hedgerows to be Removed or Managed Plans – Sheet 7 of 18	PDD-21497-2-OHL-1168	B
Trees and Hedgerows to be Removed or Managed Plans – Sheet 8 of 18	PDD-21497-2-OHL-1169	B
Trees and Hedgerows to be Removed or Managed Plans – Sheet 9 of 18	PDD-21497-2-OHL-1170	B
Trees and Hedgerows to be Removed or Managed Plans – Sheet 10 of 18	PDD-21497-2-OHL-1171	B
Trees and Hedgerows to be Removed or Managed Plans – Sheet 11 of 18	PDD-21497-2-OHL-1172	B
Trees and Hedgerows to be Removed or Managed Plans – Sheet 12 of 18	PDD-21497-2-OHL-1173	B
Trees and Hedgerows to be Removed or Managed Plans – Sheet 13 of 18	PDD-21497-2-OHL-1174	B
Trees and Hedgerows to be Removed or Managed Plans – Sheet 14 of 18	PDD-21497-2-OHL-1175	B
Trees and Hedgerows to be Removed or Managed Plans – Sheet 15 of 18	PDD-21497-2-OHL-1176	B
Trees and Hedgerows to be Removed or Managed Plans – Sheet 16 of 18	PDD-21497-2-OHL-1177	B
Trees and Hedgerows to be Removed or Managed Plans – Sheet 17 of 18	PDD-21497-2-OHL-1178	B
Trees and Hedgerows to be Removed or Managed Plans – Sheet 18 of 18	PDD-21497-2-OHL-1179	B

PART 9 — WORKS PLANS

Drawing Title	Drawing Number	Revision
Key Plan for Works Plans	PDD-21497-2-OHL-1121	B
Works Plans – Sheet 1 of 18	PDD-21497-2-OHL-1122	B
Works Plans – Sheet 2 of 18	PDD-21497-2-OHL-1123	B
Works Plans – Sheet 3 of 18	PDD-21497-2-OHL-1124	B
Works Plans – Sheet 4 of 18	PDD-21497-2-OHL-1125	B
Works Plans – Sheet 5 of 18	PDD-21497-2-OHL-1126	B
Works Plans – Sheet 6 of 18	PDD-21497-2-OHL-1127	B
Works Plans – Sheet 7 of 18	PDD-21497-2-OHL-1128	B
Works Plans – Sheet 8 of 18	PDD-21497-2-OHL-1129	B
Works Plans – Sheet 9 of 18	PDD-21497-2-OHL-1130	B
Works Plans – Sheet 10 of 18	PDD-21497-2-OHL-1131	B
Works Plans – Sheet 11 of 18	PDD-21497-2-OHL-1132	B
Works Plans – Sheet 12 of 18	PDD-21497-2-OHL-1133	B
Works Plans – Sheet 13 of 18	PDD-21497-2-OHL-1134	B
Works Plans – Sheet 14 of 18	PDD-21497-2-OHL-1135	B
Works Plans – Sheet 15 of 18	PDD-21497-2-OHL-1136	B
Works Plans – Sheet 16 of 18	PDD-21497-2-OHL-1137	B
Works Plans – Sheet 17 of 18	PDD-21497-2-OHL-1138	B
Works Plans – Sheet 18 of 18	PDD-21497-2-OHL-1139	B

SCHEDULE 3 — REQUIREMENTS

Interpretation

1

• (1) In this Schedule unless the context requires otherwise—

• “Ancient Woodland Easement Management Plan” means a plan prepared for each easement that is within Kemberland Wood and Lynne Wood Ancient Woodland, describing the woodland management to be undertaken by National Grid within that easement;

• “bird flight diverter” means a protective measure to reduce bird collisions with overhead lines;

• “commence” means the carrying out of a material operation, as defined in section 155 of the 2008 Act (when development begins), comprised in or carried out for the purposes of the authorised development, but does not include any engineering investigation, environmental (including archaeological) investigation and monitoring, site or soil survey, environmental mitigation measures, erection of temporary amphibian or reptile fencing, erection of temporary stock fencing to site boundaries or temporary demarcation fencing marking out site boundaries;

• “Concept Mitigation Planting Plan” means the plan referred to in Requirement 8(1) identifying locations for planting for proposed mitigation (Document 8.11(A));

• “Drainage Management Plan” means a plan prepared in accordance with Requirement 6(1)(b) and the principles set out in sections 4.4 and 4.5 of the CEMP;

• “Emergency Response Plan for Flood Events” means the plan prepared in accordance with Requirement 6(1)(e) detailing emergency procedures in the event of a flood as outlined in section 4.5 of the CEMP;

• “Lighting Scheme” means the scheme prepared in accordance with Requirement 6(1)(d) and in accordance with section 3.6 of the CEMP;

• “Pollution Incident Control Plan” means the plan prepared in accordance with Requirement 6(1)(c) detailing remedial measures in the event of an incident and in accordance with section 2.13 of the CEMP;

• “the relevant drainage authority” means, in any given Requirement, the drainage authority or the Lead Local Flood Authority for the area to which the Requirement relates;

• “Site Waste Management Plan” means the detailed plan for the collection, segregation, treatment and disposal of waste prepared in accordance with Requirement 6(1)(f) and the measures set out in the Outline Waste Management Plan;

• “Soil and Aftercare Management Plan” means the plan prepared in accordance with Requirement 6(1)(a) and section 4.4 of the CEMP describing how works should be undertaken to minimise effects on the nature and quality of soil and agricultural land;

• “stage” means a defined stage of the authorised development, the extent of which is shown in a scheme submitted to and approved by the relevant planning authority pursuant to Requirement 4;

• “start up and close down activities” means general works that will not create an audible disturbance to local residents, including but not restricted to— arrival and departure of workforce and staff at site and movement to and from places of work (staff to remain considerate of neighbours, no loud music or raised voices); general refuelling of plant; site inspections and safety checks; site meetings (daily briefings and quiet inspections/walkovers); site clean-up (site housekeeping that does not require the use of plant); general site maintenance; and low key maintenance and safety checking of plant and machinery (provided this does not require or cause loud hammering or banging);

• “travel plan” means the plan prepared in accordance with Requirement 6(1)(h) and section 5.19 of the Construction Traffic Management Plan describing the travel arrangements of the contractor; and

• “the tree and hedgerow protection strategy” means the plan detailing the trees, groups of tree and hedgerows to be retained during the construction of the authorised development prepared in accordance with Requirement 6(1)(g).

• (2) Where under any of the Requirements the approval or agreement of the highway authority or the relevant planning authority is required, that approval must be given in writing.

• (3) Where an approval is required under the terms of any Requirement or a document referred to in a Requirement, or any Requirement specifies “unless otherwise approved” or “unless otherwise agreed” by the highway authority or the relevant planning authority such approval or agreement may only be given if the changes are minor or immaterial and where it has been demonstrated to the satisfaction of the highway authority or the relevant planning authority that the subject matter of the approval or agreement sought is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the Environmental Statement.

• (4) Where any Requirement which requires the authorised development to be carried out in accordance or general accordance with the details approved by the highway authority or by the relevant planning authority, the approved details are to be taken to include any amendments that may subsequently be approved in writing by the highway authority or by the relevant planning authority.

Time Limits

2

The authorised development must be commenced within 5 years of the date of this Order.

Design drawings

3

• (1) Subject to Requirement 21, the authorised development must be carried out in general accordance with the design drawings.

• (2) Notwithstanding Requirement 21, the authorised development will not be in general accordance with the design drawings to the extent that any departure from the design drawings gives rise to any materially new or different environmental effects from those assessed in the Environmental Statement.

Stages of authorised development

4

• (1) The authorised development may not commence until a written scheme setting out all the stages of the authorised development has been submitted to and approved by the relevant planning authority following consultation with the highway authority.

• (2) Written notice of the commencement and completion of each stage of the authorised development and the operational use of that stage of the authorised development must be given to the relevant planning authority within ten business days prior to the commencement of that stage or operational use of that stage or within 10 business days of completion of that stage.

Construction Environmental Management Plan

5

• (1) All construction works for the authorised development must be carried out in accordance with the CEMP, unless otherwise agreed with the relevant planning authority or the highway authority, as may be appropriate to the relevant plan, scheme or strategy concerned.

• (2) The CEMP, which specifies measures to be used to minimise the impacts of construction works, includes the following approved plans, scheme and strategy—

• (a) Outline Waste Management Plan;

• (b) Biodiversity Mitigation Strategy;

• (c) Archaeological Mitigation Written Scheme of Investigation;

• (d) Construction Traffic Management Plan;

• (e) Public Rights of Way Management Plan; and

• (f) Noise and Vibration Management Plan.

• (3) Any works carried out in accordance with the approved plans, scheme and strategy referred to in sub-paragraph (2) must be carried out in accordance with those approved plans, scheme or strategy, unless agreed with the relevant planning authority or the highway authority, as may be appropriate to the relevant plan, scheme or strategy concerned.

• (4) The plans, scheme and strategy referred to in sub-paragraph (2) must be implemented as approved, unless agreed with the relevant planning authority or the highway authority, as may be appropriate to the relevant plan, scheme or strategy concerned and, in relation to the Biodiversity Mitigation Strategy only, following consultation with Natural England.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Approval and implementation of construction mitigation plans

6

• (1) No stage of the authorised development may commence until, for that stage, the following plans, scheme and strategy to minimise the impacts of construction works have been submitted to and approved by the relevant planning authority after consultation with any of the relevant sewerage authority, the relevant drainage authority, Natural England and the Environment Agency, as may be appropriate to the relevant plan, scheme or strategy concerned—

• (a) Soil and Aftercare Management Plan;

• (b) Drainage Management Plan;

• (c) Pollution Incident Control Plan;

• (d) Lighting Scheme;

• (e) Emergency Response Plan for Flood Events;

• (f) Site Waste Management Plan;

• (g) Tree and Hedgerow Protection Strategy; and

• (h) Travel Plan.

• (2) The construction works for each stage of the authorised development and mitigation works to minimise the impact of construction must be carried out in accordance with the approved plans, scheme and strategy referred to in sub-paragraph (1) or with any amended plans, scheme or strategy that may subsequently be approved by the relevant planning authority.

Construction hours

7

• (1) Subject to sub-paragraphs (2), (3) and (4) work may only take place between 0700 and 1900 Mondays to Fridays and between 0800 and 1700 on Saturdays, Sundays and Bank Holidays (the core working hours).

• (2) Working on a consecutive Saturday and Sunday may only take place on two out of any four alternate weekends in each relevant local authority area.

• (3) The following operations may take place outside the core working hours referred to in sub-paragraph (1)—

• (a) the installation and removal of conductors, pilot wires and associated protective netting across highways, railway lines or watercourses;

• (b) the completion of operations commenced during the core working hours which cannot safely be stopped;

• (c) any highway works requested by the highway authority to be undertaken on a Saturday or a Sunday or outside the core working hours;

• (d) security monitoring;

• (e) the testing or commissioning of any electrical plant installed as part of the authorised development; and

• (f) the completion of works delayed or held up by severe weather conditions which disrupted or interrupted normal construction activities.

• (4) The specified construction activity at locations identified in Table 1.3 (Construction activities/locations subject to restricted working hours) of the Noise and Vibration Management Plan (Document 8.8(B)) may only take place between 0800 and 1800 Mondays to Fridays (the restricted working hours).

• (5) The restricted working hours referred to in sub-paragraph (4) include start up and close down activities up to 1 hour either side of the restricted working hours.

Mitigation planting

8

• (1) No stage of the authorised development may commence until, for that stage, a scheme for the planting of trees, hedgerows, shrubs, climbing plants, wild flower and grass seeding that accords with the Arboricultural Impact Assessment report (Document 5.4.3I) and its Addendum (Document 5.4.3I.1(A)) and the Biodiversity Mitigation Strategy (Document 5.4.3E(C)) and reflects the Concept Mitigation Planting Plan (Document 8.11(A)) has been submitted to and approved by the relevant planning authority, unless otherwise agreed with the relevant planning authority.

• (2) The planting scheme submitted under sub-paragraph (1) must include details of—

• (a) the location of planting and a schedule noting quantities, species, size and planting density of all proposed planting or seeding and the location of any areas for natural regeneration where appropriate;

• (b) cultivation, importing of materials, stock provenance, protection measures for planting and other operations to ensure plant and seed establishment;

• (c) the five year maintenance regime including monitoring and management; and

• (d) opportunities for early mitigation planting during and after implementation of the authorised development.

Implementation of mitigation planting

9

• (1) All mitigation planting works referred to in Requirement 8 must be implemented at the earliest opportunity and no later than by the first available planting season after the stage of the authorised development to which the mitigation planting works apply is first brought into operational use and in relation to the removal of the existing 132kV overhead line, the implementation of mitigation planting works must be implemented at the earliest opportunity and no later than the first available planting season after completion of the removal of that line.

• (2) All mitigation planting works referred to in Requirement 8 must be carried out in accordance with specification set out in the NBS Landscape Specification for Planting (Document 5.4.6D) and the relevant mitigation scheme for that stage of the authorised development, and to a reasonable standard in accordance with the relevant recommendations of appropriate British Standard or other recognised codes of good practice.

• (3) Any tree or shrub planted as part of an approved mitigation planting 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.

Retention and protection of existing trees and hedgerows

10

• (1) No stage of the authorised development may commence until, for that stage, a Tree and Hedgerow Protection Strategy (THPS) as referred to in Requirement 6(1)(g) and prepared in accordance with the Arboricultural Impact Assessment report (Document 5.4.3I) and its Addendum, Figures 3I.2a to 3I.2v of the Arboricultural Impacts Plan (Document 5.4.3I.1(A)) and BS 5837:2012 (Trees in relation to design, demolition and construction) identifying the trees, groups of trees and hedgerows to be retained during that stage has been submitted to and approved by the relevant planning authority.

• (2) The THPS referred to in sub-paragraph (1) must include—

• (a) Tree Protection Plans detailing the alignment of temporary physical tree protection measures according to BS 5837:2012 and, where practicable, including a minimum 5 metres stand-off from hedges;

• (b) a schedule of all proposed tree and hedgerow removal and management with annotated plans;

• (c) specifications for temporary physical protection for trees and hedgerows; and

• (d) details of an auditable system of compliance with the approved protection measures.

• (3) The trees, groups of trees and hedgerows identified in the THPS referred to in sub-paragraph (1) must not be felled or otherwise removed in connection with the construction of the authorised development.

• (4) The relevant stage of the authorised development must not commence until the approved protection measures referred to in sub-paragraph (1) are in place, and they must thereafter be maintained during the construction of the relevant stage of the authorised development.

Bird flight diverters

11

• (1) Bird flight diverters must be fitted to the 400kV overhead line in the vicinity of—

• (a) Monkton between pylons PC41 and PC43; and

• (b) Ash Levels between pylons PC51 and PC60,

during its construction and must thereafter be retained, unless otherwise agreed by the relevant planning authority, after consultation with Natural England.

Reinstatement schemes

12

• (1) Subject to sub-paragraph (2), any land within the Order limits which is used temporarily for construction is to be reinstated to its former condition, or such condition as the relevant planning authority may approve, within six months of completion of the construction of the stage of authorised development for which it was required, or such further time as may be approved by the relevant planning authority.

• (2) The requirement to reinstate the land to its former condition is subject to the provisions of article 28 (temporary use of land by National Grid) and article 29 (temporary use of land by UK Power Networks).

Contamination of land or groundwater and controlled waters

13

• (1) No stage of the authorised development may commence until a written scheme applicable to that stage to deal with the ground conditions, including contamination of any land or groundwater, within the Order limits which are likely to cause significant harm to persons or pollution of controlled waters or the environment has been submitted to and approved by the relevant planning authority, after consultation with the Environment Agency.

• (2) The scheme must accord with the approach set out in the Environmental Statement Appendix 14A Land Contamination Desk Study (Document5.4.14A(A)), to identify the extent of any contamination and the remedial measures to be taken to render the land fit for its intended purpose, should remedial measures be required then the implementation and validation of these will be documented in a verification report, to be submitted to the relevant planning authority.

• (3) If during any stage of the authorised development, contamination not identified in Document 5.4.14A or addressed in the scheme prepared in accordance with sub-paragraph (1) is found to be present within the Order limits and which is likely to cause a significant possibility of significant harm to persons or pollution of controlled waters or the environment then, except in the case of emergency, no further development in the vicinity of the contamination may be carried out until a written scheme to deal with the associated risks has been submitted to and approved by the relevant local planning authority, following consultation with the Environment Agency.

• (4) Remediation measures must be carried out in accordance with the approved scheme referred to in sub-paragraph (1) or (3) as appropriate.

• (5) In this Requirement, “controlled waters” has the same meaning as in Part 3 of the Water Resources Act 1991²⁹.

Inspection of temporary watercourses

14

• (1) No stage of the authorised development may commence until a written scheme for the inspection and clearance of debris from any temporary watercourse required in connection with that stage has been submitted to and approved by the relevant planning authority, after consultation with the Environment Agency and the relevant drainage authority.

• (2) The approved scheme must be implemented for each temporary watercourse during the construction of that stage of the authorised development until such time as the temporary watercourse has been removed.

Removal of temporary bridges and culverts

15

Any temporary bridge or culvert required in connection with any stage of the authorised development must be removed within twelve months of completion of the construction of that stage of authorised development for which it was required, or such further time as may be approved by the relevant planning authority, after consultation with the Environment Agency or the relevant drainage authority as appropriate.

Highway works

16

• (1) No work to construct or temporarily alter any new or existing means of access to a highway to be used by vehicular traffic may commence until written details of the design and layout of that means of access has been submitted to and approved by the highway authority.

• (2) The highway accesses must be constructed in accordance with the details approved under sub-paragraph (1).

• (3) The undertaker must carry out road safety audits of the highway works authorised by this Order in accordance with Standard HD 19/15 of the Department for Transport’s Design Manual for Roads and Bridges or in accordance with any standard that supersedes that Standard and must, to the reasonable satisfaction of the highway authority, implement any recommendations to mitigate or remove road safety problems and defects identified in any such road safety audits arising out of the authorised development.

Clearance over the tidal River Stour

17

No part of any 400kV overhead electric line shall be installed or maintained directly above the tidal River Stour at a height of less than 10 metres above the mean high water level of that river.

Removal of UK Power Networks Works

18

Any existing UK Power Networks infrastructure to be removed as part of the UK Power Networks works must be removed no later than 36 months after the 400kV overhead line (Work No.1 of Schedule 1 (authorised development)) is first brought into operational use.

Decommissioning

19

• (1) In the event that, at some future date, the authorised development, or any part of it, is to be decommissioned, a written scheme of decommissioning must be submitted for approval by the relevant planning authority at least six months prior to any decommissioning works.

• (2) The approved scheme must be implemented as approved following the decommissioning of the authorised development or relevant part of it.

• (3) This Requirement does not apply to the authorised development and associated development described in Schedule 1 (authorised development) for the dismantling and removal of existing infrastructure or apparatus.

Ancient Woodland Easement Management Plan

20

• (1) An Ancient Woodland Easement Management Plan (AWEMP) prepared in accordance with the Arboricultural Impact Assessment (Document 5.4.3I) and its Addendum (Document 5.4.3I.1A); Biodiversity Mitigation Strategy (Document 5.4.3E(C)), BS 5837:2012 (Trees in relation to design, demolition and construction recommendations), and BS 3998: 2010 (Tree works recommendations) must be submitted for approval by the relevant planning authority, following consultation with Natural England and the Woodland Trust, no later than the end of the 5 year maintenance period relating to that part of the 400 kV overhead line (Work No.1 of Schedule 1 (authorised development)) crossing over Kemberland Wood and Lynne Wood Ancient Woodland.

• (2) Once the relevant planning authority approves the AWEMP under this requirement the undertaker must cease to carry out mitigation maintenance measures in relation to Kemberland Wood and Lynne Wood Ancient Woodland in accordance with Requirement 8 (Mitigation Planting) and Requirement 10 (Retention and protection of existing trees and hedgerows) in relation to that part of the authorised development covered by the AWEMP and must from that point carry out woodland management operations in compliance with the AWEMP.

• (3) Notwithstanding paragraph (2), the undertaker may discharge any requirement in relation to that part of the authorised development covered by the AWEMP at any time prior to or following the submission of the AWEMP under paragraph (1).

• (4) All woodland management operations in relation to that part of the authorised development covered by the AWEMP must be carried out in accordance with the AWEMP ....

Location of Pylon PC10

21

Subject to article 5, as limited by paragraph 15 of Part 5 of Schedule 14, Pylon PC10 must be located as set out in National Grid Drawing Ref PDD-21497-2-OHL-0434 Version B (REP8-021, Sheet 4L of 21).

Exercise of powers of compulsory acquisition in relation to the imposition of restrictions by National Grid

22

The powers of compulsory acquisition under this order, in relation to the imposition of restrictions as set out in the Book of Reference, may only be exercised reasonably, taking into account the rights of other persons with an interest in the land subject to the imposition of such restrictions.

SCHEDULE 4 — DISCHARGE OF REQUIREMENTS

Applications made under requirements

1

• (1) Where an application has been made to a relevant authority for any consent, agreement or approval required by a Requirement, the relevant authority must give notice to the undertaker of its decision on the application within a period of 35 days beginning with—

• (a) where no further information is requested under paragraph 1(2), the day immediately following that on which the application is received by the authority;

• (b) where further information is requested under paragraph 1(2), the day immediately following that on which further information has been supplied by the undertaker; or

• (c) such longer period as may be agreed in writing by the undertaker and the relevant authority.

• (2) Where an application has been made under paragraph 1(1) the relevant authority may request such reasonable further information from the undertaker as it considers is necessary to enable it to consider the application.