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

(1)	(2)
Area	Plot
Canterbury City Council	1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 139, 140, 142, 146, 147, 148, 149, 150, 151, 284b, 285, 286, 287, 288, 291, 292, 294, 298, 300, 305a, 468, 474, 475, 476, 479, 480, 481, 482, 483, 484, 489, 491, 492, 493, 494, 496, 497, 498, 499, 500, 503, 506, 508, 509, 510, 514, 515, 517, 519, 521, 523, 526, 527, 528, 529, 530, 533, 536, 547, 548, 553, 598, 602, 603, 609, 622, 625, 626, 631, 641, 652, 665, 686, 687, 688, 689, 690, 692, 694, 698, 701, 703, 706, 734, 756, 757, 766, 770, 783, 784, 786, 792, 795, 796, 811, 840, 851, 858, 862, 867, 875, 885, 896, 903, 905, 906, 909, 919, 924, 925, 926, 927, 928, 934, 935, 936, 937, 946, 947, 948, 949, 951, 952, 955, 961, 962, 963, 964, 965, 969, 970, 971, 972, 973, 974, 975, 980, 982, 983, 984, 985, 987, 988, 989, 990, 991, 995, 996, 1000, 1006, 1011, 1023, 1025, 1027, 1040, 1044, 1045, 1049, 1431 & 1434
Canterbury City Council and Thanet District Council	1046
Thanet District Council	1053, 1060, 1069, 1086, 1088, 1102, 1118, 1121, 1123, 1124, 1127, 1133, 1146, 1147, 1148, 1151, 1153, 1159, 1161, 1162, 1166B, 1167, 1169, 1170, 1172, 1173, 1175, 1177, 1178, 1179, 1180, 1181, 1182, 1183, 1188, 1189, 1190, 1191, 1192, 1194, 1195, 1200, 1201, 1205, 1210, 1213, 1214, 1215, 1224, 1225, 1230, 1272, 1276, 1277, 1279, 1300, 1305, 1306, 1310, 1317, 1329, 1332, 1341, 1343, 1344, 1346, 1355, 1356, 1357, 1358, 1364, 1391, 1392, 1395, 1401, 1407, 1408, 1415, 1417, 1421, 1422, 1425, 1429 & 1649
Thanet District Council and Dover District Council	1439, 1635, 1636 & 1654
Dover District Council	1430, 1448, 1453, 1471, 1487, 1488, 1489, 1495, 1496, 1505, 1508, 1511, 1519, 1523, 1531, 1539, 1540, 1544, 1547, 1549, 1555, 1558, 1559, 1561, 1563, 1564, 1566, 1573, 1575, 1588, 1589A, 1589B, 1589C, 1589D, 1656, 1658, 1661, 1663, 1664 & 1668

SCHEDULE 9 — DEEMED MARINE LICENCE

PART 1 — INTRODUCTORY

Interpretation

1

• (1) In this licence—

• “the 2008 Act” means the Planning Act 2008[^f00030];

• “the 2009 Act” means the Marine and Coastal Access Act 2009[^f00031];

• “Access and Rights of Way and Public Rights of Navigation Plans” means the plans listed in Part 2 of Schedule 2 (Access and Rights of Way and Public Rights of Navigation Plans) to the Order and certified by the Secretary of State under article 43 (certification of plans, etc.) of the Order;

• “authorised development” has the meaning given in paragraph 3(2);

• “GSDIG” means Great Stour Downstream Interest Group;

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

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

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

• “mean high water springs” means the average of high water heights occurring at the time of the spring tides;

• “method statement” means the document prepared by the licence holder that details the way that the licensed activity will be carried out;

• “MMO” means the Marine Management Organisation;

• “the Order” means the National Grid (Richborough Connection Project) Development Consent Order 2017;

• “SAC habitat” means the habitat within a Special Area of Conservation entered in the Register of European Sites, held by the Department for Environment, Food and Rural Affairs;

• “the undertaker” means National Grid Electricity Transmission plc (registered company number 2366977); and

• “vessel” means every description of vessel, however propelled or moved, and includes a non-displacement craft, a personal watercraft, a barge, a jack up barge, a seaplane or helicopter on the surface of the water, a hydrofoil vessel, a hovercraft or any other amphibious vehicle and any other thing constructed or adapted for movement through, in or over water and which is at the time in, on or over water.

• (2) Unless otherwise specified, all geographical co-ordinates given in this licence are in latitude and longitude degrees and minutes to two decimal places.

Addresses

2

• (1) Unless otherwise advised in writing by the MMO, the address for postal correspondence with the MMO for the purposes of this licence is the Marine Management Organisation, Marine Licensing Team, Lancaster House, Newcastle Business Park, Newcastle upon Tyne, NE4 7YH and where contact to the MMO Local Office is required, the following contact details should be used: Pakefield Road, Lowestoft, Suffolk NR33 0HT, Tel: 01502 573 149 or 01502 572 769, Fax: 01502 514 854.

• (2) Unless otherwise advised in writing by the MMO, the address for electronic communication with the MMO for the purposes of this licence is marine.consent@marinemanagement.org.uk and where contact to the MMO Local Office is required, the following address should be used: lowestoft@marinemanagement.org.uk.

PART 2 — LICENSED ACTIVITIES

3

• (1) Subject to the licence conditions in Part 4 of this licence, this licence authorises the licence holder to carry out any licensable marine activities under section 66(1) of the 2009 Act which involve the construction, alteration or improvement of any works in or over the sea or on or under the sea bed and which—

• (a) form part of the authorised development; and

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

• (2) In this licence the “authorised development” means Work No.1 (400kV overhead line) as set out in Schedule 1 (authorised development) to the Order, and any other development authorised by the Order, which is development within the meaning of section 32 of the 2008 Act, and more particularly the installation of a 400kV overhead electric line, in the vicinity of, and over, the River Stour and the installation of two temporary long span bridges across the River Stour as is shown hatched yellow on Sheets 1, 15 and 17 of the access and rights of way and public rights of navigation plans.

PART 3 — ENFORCEMENT

4

Any breach of this licence does not constitute a breach of the Order but is subject to the enforcement regime in Chapter 3 of Part 4 of the 2009 Act as a licence deemed to have been granted under that Act.

PART 4 — CONDITIONS

5

For such of the licensed activities that involve the construction, alteration or improvement of works in or over the sea or on or under the sea bed, the conditions apply to any person who for the time being owns, occupies or enjoys any use of the licensed activity.

6

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

Prior to the commencement of the works

7

• (1) The licence holder must submit a detailed method statement at least 2 months prior to the commencement of the first licensed activity for approval by the MMO.

• (2) The authorised development must be undertaken in accordance with the approved method statement.

8

The licence holder must inform the MMO, the Environment Agency, GSDIG and the Sandwich Harbour Master in writing of the intended start date and the likely duration of licensed activities on a site at least 10 business days prior to the commencement of the first licensed activity.

9

The licence holder must ensure that they inform the MMO in writing of all contractor and vessel details at least 10 business days prior to commencement of any licensed activity.

10

The licence holder must inform the MMO Local Office in writing of the timetable of the licensed activities at least 10 business days prior to commencement of any licensed activity.

11

The licence holder must inform the relevant harbour authorities in writing of the licensed activities (including timetable, contractor and vessel details) at least 20 business days prior to commencement of any licensed activity. The contact details are as follows—

• Sandwich Port and Haven Commissioners, 1 Potter Street, Sandwich, Kent CT13 9DR, Tel: 01304 612162;

• Thanet District Council, The Harbour Offices, Military Road, Ramsgate, CT11 LQ, Email: portoframsgate@thanet.gov.uk , Tel: 01843 687661.

Upon commencement of the works

12

Only coatings and treatments that are approved by the Health and Safety Executive as suitable for use in the marine environment can be utilised and they must be used in accordance with current best practice measures.

13

Bunding and/or storage facilities must be installed to contain and prevent the release of fuel oils, lubricating fluids and chemicals associated with vessels, plant and equipment into the marine environment.

14

The licence holder must ensure that any oil, fuel or chemical spill within the marine environment is reported to the MMO, Marine Pollution Response Team within 12 hours:

• Within Office hours: 0300 200 2024

• Outside Office hours: 07770 977 825

• At all times if other numbers out of order: 0845 051 8486

• Email: dispersants@marinemanagement.org.uk

15

Any construction materials that are misplaced below mean high water springs and cannot be recovered must be located and its position notified to the MMO Local Office and the MMO as deemed Licensing Authority within 48 hours.

16

The licence holder must ensure that the MMO Local Office is notified in writing of the completion of the works within 10 business days following the completion of any of the works.

17

All equipment, temporary structures, waste and debris associated with the works must be removed within 20 business days of completion of any of the works.

18

The licence holder must ensure that if maintenance is required which involves a licensable activity, a methodology for such maintenance must be submitted to the MMO for agreement in writing at least 28 business days prior to commencement of any maintenance works. No marine licensable maintenance works may commence without prior written approval from the MMO. This condition does not apply to maintenance works which are taken in an emergency in accordance with section 86 of the 2009 Act.

SCHEDULE 10 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

Compensation enactments

1

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

2

• (1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973[^f00032] has effect subject to the modifications set out in sub-paragraphs (2) and (3).

• (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 of this Schedule—

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

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

• (3) For section 58(1)[^f00033] (determination of material detriment where part of house etc. proposed for compulsory acquisition), as it applies to determinations under section 8 of the 1965 Act as substituted by paragraph 5 of this Schedule, substitute—

(1) In determining under section 8(1) or 34(2) of the Compulsory Purchase Act 1965, or section 166(2) of the Town and Country Planning Act 1990 whether— (a) a right over or a restrictive covenant affecting land consisting of a house, building or manufactory can be taken or imposed without material detriment or damage to the house, building or manufactory; or (b) a right over or a restrictive covenant affecting land consisting of a park or garden belonging to a house can be taken or imposed without seriously affecting the amenity or convenience of the house, the Upper Tribunal must take into account not only the effect of the acquisition of the right or imposition of the restrictive covenant but also the use to be made of the right or restrictive covenant proposed to be acquired or imposed, and, in a case where the right or restrictive 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 to be made of the other land.

Application of the 1965 Act

3

• (1) The 1965 Act has effect with the modifications necessary to make it apply to the compulsory acquisition under this Order of a right by the creation of a new right, or to the imposition under this Order of a restrictive covenant, as it applies to the compulsory acquisition under this Order of land, so that, in appropriate contexts, references in that Act to land are read (according to the requirements of the particular context) as referring to, or as including references to—

• (a) the right acquired or to be acquired, or the restriction imposed or to be imposed; or

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

• (2) Without limitation on the scope of sub-paragraph (1), Part 1 of the 1965 Act applies in relation to the compulsory acquisition under this Order of a right by the creation of a new right or, in relation to the imposition of a restriction, with the modifications specified in the following provisions of this Schedule.

4

For section 7 of the 1965 Act (measure of compensation) substitute—

(7) In assessing the compensation to be paid by the acquiring authority under this Act, regard must be 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 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

For section 8 of the 1965 Act (provisions as to divided land) substitute—

(8) (1) Where in consequence of the service on a person under section 5 of this Act of a notice to treat in respect of a right over land consisting of a house, building or manufactory or of a park or garden belonging to a house (“the relevant land”)— (a) a question of disputed compensation in respect of the purchase of the right or the imposition of the restrictive covenant would apart from this section fall to be determined by the tribunal; and (b) before the tribunal has determined that question the tribunal is satisfied that the person has an interest in the whole of the relevant land and is able and willing to sell that land and— (i) where that land consists of a house, building or manufactory, that the right cannot be purchased or the restrictive covenant imposed without material detriment to that land; or (ii) where that land consists of such a park or garden, that the right cannot be purchased or the restrictive covenant imposed without seriously affecting the amenity or convenience of the house to which that land belongs, the National Grid (Richborough Connection Project) Development Consent Order2017[^f00034] (“the Order”) ceases, in relation to that person, to authorise the purchase of the right or imposition of a restriction and is deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of such a park or garden, the house to which it belongs, and the notice is deemed to have been served in respect of that interest on such date as the tribunal directs. (2) Any question as to the extent of the land in which the Order is deemed to authorise the purchase of an interest by virtue of subsection (1) of this section must be determined by the tribunal. (3) Where in consequence of a determination of the tribunal that it is satisfied as mentioned in subsection (1) of this section the Order is deemed by virtue of that subsection to authorise the purchase of an interest in land, the acquiring authority may, at any time within the period of 6 weeks beginning with the date of the determination, withdraw the notice to treat in consequence of which the determination was made; but nothing in this subsection prejudices any other power of the authority to withdraw the notice.

6

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 modified 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 acquired or the restrictive covenant which is to be imposed is vested absolutely in the acquiring authority.

7

Section 11[^f00035] of the 1965 Act (powers of entry) is modified to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right or restriction, 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[^f00036] (penalty for unauthorised entry) and 13[^f00037] (entry on warrant in the event of obstruction) of the 1965 Act are modified correspondingly.

8

Section 20[^f00038] 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 of that land, 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.

9

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 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 acquired or to enforce the restriction imposed, subject to compliance with that section as respects compensation.

SCHEDULE 11 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

PART 1 — NATIONAL GRID

(1)	(2)	(3)	(4)
Plot number of land shown on land plan	Purpose for which temporary possession may be taken	Relevant part of the authorised development	Element of Work in respect of which land is not required to be re-instated
1	Dismantling of redundant infrastructure	6A	Pylon PX1
2, 3, 4, 5, 6, 8, 9, 10, 12, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96 ,97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 115, 116, 117, 118, 119, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 139, 140 & 142	Dismantling of redundant infrastructure	6A
7, 38, 114 & 137	Dismantling of redundant infrastructure	6A	Removal of pylon foundations only to a depth of 1.5 metres
11, 13, 14, 15, 16, 138, 141, 143, 237, 238, 239, 240, 241, 244, 245, 246, 247, 249, 250, 252 & 253	Access to land for the purpose of carrying out the authorised development including the power to carry out any ancillary works necessary to facilitate that access	6A
144 & 243	Access to land for the purpose of carrying out the authorised development including the power to carry out any ancillary works necessary to facilitate that access	1, 6A and 6B
145, 461, 555, 556, 561, 562, 565, 568, 569, 570, 572, 573, 575, 578, 579, 588, 589, 590, 596, 600, 620, 623, 713, 715, 716, 717, 719 & 879	Access to land for the purpose of carrying out the authorised development including the power to carry out any ancillary works necessary to facilitate that access	1 and 6B
146, 147 & 734	Dismantling of redundant infrastructure	1 and 6B	Removal of pylon foundations only to a depth of 1.5 metres
148, 484, 489, 491, 492, 493, 494, 496, 497, 499, 500, 506, 508, 509, 510, 514, 515, 517, 519, 521, 523, 529, 530, 533, 547, 548, 598, 602, 603, 622, 686, 688, 689, 690, 692, 694, 698, 701, 703, 756, 757, 783, 784, 786, 795, 796, 896 & 903	Dismantling of redundant infrastructure	6B
149 & 298	Construction of authorised development and mitigation works	1, 4A and 6B	Removal of pylon foundations only to a depth of 1.5 metres
150, 151, 284B, 285, 292, 294, 301, 303, 305A & 488A	Construction of authorised development and mitigation works	1, 4A and 6B
152, 153, 154, 191, 192, 200, 206, 207, 212, 216, 217, 218, 228, 229, 230, 254, 265, 266, 267, 281, 282, 295, 296, 322, 324, 327, 353, 354, 355, 379, 380, 381, 382, 383, 385, 394, 396, 397, 398, 399, 400, 401, 405, 406, 419 421, 423, 424, 425, 426, 427, 428, 429,430, 431, 463, 464, 465, 466, 615, 629, 638, 709, 720, 739, 741, 742, 743, 744, 771, 772, 773, 778, 779, 780, 781, 814, 818, 825, 829, 830, 831, 833, 834, 841, 881, 886, 887, 1008, 1013, 1024, 1026 & 1058	Access to land for the purpose of carrying out the authorised development including the power to carry out any ancillary works necessary to facilitate that access	1
157, 158, 160, 163, 164, 169, 170, 174, 178, 179, 184, 185, 188, 190, 196, 197, 198, 201, 205, 213, 214, 215, 222, 223, 224, 225, 231, 233, 234, 235, 236, 248, 256, 257, 258, 259, 262, 263, 264, 270, 271, 274, 275, 284A, 290, 299, 305B, 307, 308, 309, 321, 325, 326, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 345, 346, 348, 349, 350, 351, 357, 358, 361, 362, 363, 364, 365, 366, 367, 368, 370, 371, 372, 373, 374, 375, 377, 378, 387, 388, 389, 390, 395, 407, 408, 409, 412, 414, 415, 417, 418, 420, 422, 434, 436, 437, 438, 440, 442, 443, 444, 445, 447, 448, 453, 454, 455, 456, 458, 459, 552, 577, 591, 592, 607, 608, 610, 639, 642, 644, 645, 646, 647, 651, 654, 656, 658, 659, 660, 661, 668, 673, 710, 714, 721, 722, 723, 725, 726, 730, 731, 732, 733, 735, 736, 737, 745, 750, 751, 759, 760, 761, 762, 775, 785, 787, 788, 800, 801, 803, 806, 808, 809, 810a, 812, 815, 816, 817, 832, 835, 836, 837, 839, 854, 855, 861, 884, 889, 890, 891, 893, 894, 895, 899, 900, 901, 904, 914, 916, 918, 920, 922, 923, 930, 932, 933, 939, 940, 941, 942, 943, 944, 945, 957, 958, 994, 1007 & 1055	Construction of authorised development and mitigation works	1
300, 551 & 612	Construction of authorised development and mitigation works	1 and 6B
467 & 478	Access to land for the purpose of carrying out the authorised development including the power to carry out any ancillary works necessary to facilitate that access	1, 4A and 6B
468, 474, 475, 476, 480, 481, 482 & 483	Dismantling of redundant infrastructure	4A and 6B
469, 470, 471, 472, 473 & 488B	Access to land for the purpose of carrying out the authorised development including the power to carry out any ancillary works necessary to facilitate that access	4A and 6B
477, 485, 486, 487, 490, 495, 501, 502, 504, 505, 507, 511, 512, 513, 516, 518, 520, 522, 524, 525, 531, 532, 534, 535, 537, 546, 549, 550, 554, 593, 595, 599, 601, 604, 605, 606, 611, 635, 637, 643, 649, 653, 657, 662, 667, 669. 675, 676, 684, 693, 695, 699, 702, 704, 707, 711, 712, 718, 724, 738, 749, 752, 753, 758, 764, 767, 769, 782, 789, 794, 797, 798, 799, 807, 820, 838, 844, 849, 853, 857, 863, 864, 866, 868, 869, 871, 873, 876 & 880	Access to land for the purpose of carrying out the authorised development including the power to carry out any ancillary works necessary to facilitate that access	6B
479	Dismantling of redundant infrastructure	1, 4A and 6B
498, 503, 526, 527, 528, 536, 553, 609, 620, 626, 631, 641, 652, 665, 706, 766, 770, 792, 811, 840, 851, 862, 867 & 885	Dismantling of redundant infrastructure	6B	Removal of pylon foundations only to a depth of 1.5 metres
538, 540 & 545	Access to land for the purpose of carrying out the authorised development including the power to carry out any ancillary works necessary to facilitate that access	2
539, 541, 542, 543 & 544	Construction of authorised development and mitigation works	2
905 & 906	Dismantling of redundant infrastructure	4B and 6C
909 & 961	Construction of authorised development and mitigation works	1, 4B, 6C and 6B	Removal of pylon foundations only to a depth of 1.5 metres
924, 926, 927, 928, 934, 935, 948, 951, 952, 965, 971 & 973	Construction of authorised development and mitigation works	1, 4B and 6C
962, 964, 972, 987, 1011, 1023 & 1025	Dismantling of redundant infrastructure	1 and 6D
974, 975, 982, 985, 990, 991, 995, 996, 1000, 1006, 1045 & 1049	Dismantling of redundant infrastructure	6D
980, 983, 984 & 989	Construction of authorised development and mitigation works	1 and 6D
986, 1009, 1015, 1019, 1021 & 1052	Access to land for the purpose of carrying out the authorised development including the power to carry out any ancillary works necessary to facilitate that access	6D
998, 999, 1001, 1003, 1005, 1017 & 1018	Access to land for the purpose of carrying out the authorised development including the power to carry out any ancillary works necessary to facilitate that access	1 and 6D
1040	Dismantling of redundant infrastructure	6D	Removal of pylon foundations only to a depth of 1.5 metres
(1)	(2)	(3)	(4)
---	---	---	---
Plot number of land shown on land plan	Purpose for which temporary possession may be taken	Relevant part of the authorised development	Element of Work in respect of which land is not required to be re-instated
1020	Access to land for the purpose of carrying out the authorised development including the power to carry out any ancillary works necessary to facilitate that access	6D
1046	Dismantling of redundant infrastructure	6D
1059	Access to land for the purpose of carrying out the authorised development including the power to carry out any ancillary works necessary to facilitate that access	1
(1)	(2)	(3)	(4)
---	---	---	---
Plot number of land shown on land plan	Purpose for which temporary possession may be taken	Relevant part of the authorised development	Element of Work in respect of which land is not required to be re-instated
1022, 1028, 1033, 1057, 1062, 1063, 1068, 1074, 1085, 1089, 1091, 1092, 1098, 1104, 1112, 1113, 1114, 1115, 1116, 1117, 1119, 1120, 1125, 1135, 1150, 1156 & 1157	Access to land for the purpose of carrying out the authorised development including the power to carry out any ancillary works necessary to facilitate that access	6D
1053, 1069, 1102, 1127 & 1153	Dismantling of redundant infrastructure	6D	Removal of pylon foundations only to a depth of 1.5 metres
1060, 1088, 1118, 1121, 1123, 1124, 1133, 1146, 1147, 1148, 1151, 1159, 1161 & 1162	Dismantling of redundant infrastructure	6D
1065, 1067, 1072, 1105, 1108, 1109, 1110, 1145, 1155, 1235, 1299, 1312, 1328, 1333, 1336, 1337, 1349, 1352, 1362, 1399, 1405, 1410, 1428, 1433, 1442 & 1450	Construction of authorised development and mitigation works	1
1073, 1077, 1078, 1079, 1082, 1095, 1096, 1097, 1122, 1126, 1128, 1131 & 1137	Access to land for the purpose of carrying out the authorised development including the power to carry out any ancillary works necessary to facilitate that access	1
1107 & 1111	Access to land for the purpose of carrying out the authorised development including the power to carry out any ancillary works necessary to facilitate that access	1 and 6D
1129, 1130, 1132, 1134, 1138, 1143 & 1164	Access to land for the purpose of carrying out the authorised development including the power to carry out any ancillary works necessary to facilitate that access	1, 4C and 6E
1167, 1173, 1179, 1181, 1182, 1194 & 1195	Construction of authorised development and mitigation works	1, 4C and 6E
1169, 1188, 1190, 1198, 1199 & 1241	Construction of authorised development and mitigation works	1 and 5C
1176	Construction of authorised development and mitigation works	1, 5C 5D, 6D and 6E	Removal of pylon foundations only to a depth of 1.5 metres
1177, 1204, 1216 & 1218	Construction of authorised development and mitigation works	1, 5C and 5D
1178, 1183 & 1189	Dismantling of redundant infrastructure	5C
1186 & 1187	Construction of authorised development and mitigation works	1, 5C and 5D	Removal of pylon foundations only to a depth of 1.5 metres
1201, 1205, 1242, 1252, 1253 & 1254	Construction of authorised development and mitigation works	1 and 5D
1214	Construction of authorised development and mitigation works	1, 4C and 6E	Removal of pylon foundations only to a depth of 1.5 metres
1230	Construction of authorised development and mitigation works	1, 4C, 6E and 6F	Removal of pylon foundations only to a depth of 1.5 metres
1219	Access to land for the purpose of carrying out the authorised development including the power to carry out any ancillary works necessary to facilitate that access	1 and 5C
1225 & 1226	Construction of authorised development and mitigation works	1, 5A and 5C
1239	Construction of authorised development and mitigation works	1, 5A, 5B, 5C and 5D	Removal of pylon foundations only to a depth of 1.5 metres
1240	Construction of authorised development and mitigation works	1, 4C and 5C
1269, 1270, 1271, 1310, 1315, 1326, 1354, 1355, 1360, 1382, 1391, 1395, 1402, 1407, 1408, 1409, 1427, 1455, 1456, 1598, 1608, 1637 & 1639	Construction of authorised development and mitigation works	1 and 6F
1272, 1276, 1277, 1300, 1306, 1332, 1341, 1343, 1344, 1356, 1357, 1401, 1422 & 1425	Dismantling of redundant infrastructure	6F
1278, 1301, 1302, 1307, 1316, 1318, 1325, 1334, 1347, 1353 & 1366	Access to land for the purpose of carrying out the authorised development including the power to carry out any ancillary works necessary to facilitate that access	6F
1279, 1317, 1329, 1346, 1364, 1415, 1649,	Dismantling of redundant infrastructure	6F	Removal of pylon foundations only to a depth of 1.5 metres
1294, 1308, 1311, 1363, 1378, 1383, 1384, 1387, 1393, 1404, 1412 & 1413	Access to land for the purpose of carrying out the authorised development including the power to carry out any ancillary works necessary to facilitate that access	1 and 6F
1601, 1602, 1611 & 1613	Construction of authorised development and mitigation works	1 and 3
1614 & 1625	Construction of authorised development and mitigation works	1, 3 and 6F
(1)	(2)	(3)	(4)
---	---	---	---
Plot number of land shown on land plan	Purpose for which temporary possession may be taken	Relevant part of the authorised development	Element of Work in respect of which land is not required to be re-instated
1385, 1389, 1411, 1439, 1458, 1467, 1487, 1488, 1489, 1495, 1496, 1555, 1563, 1566, 1575, 1596, 1597, 1604, 1633, 1643, 1663, 1666 & 1669	Construction of authorised development and mitigation works	1 and 6F
1394, 1419, 1443, 1464, 1472, 1647, 1648, 1650, 1651, 1652, 1655, 1657, 1659, 1660, 1665 & 1672	Access to land for the purpose of carrying out the authorised development including the power to carry out any ancillary works necessary to facilitate that access	1 and 6F
1429, 1430, 1434, 1505, 1508, 1531, 1539, 1540, 1558, 1588, 1589A, 1589B, 1589C, 1589D & 1658	Dismantling of redundant infrastructure	6F
1448	Dismantling of redundant infrastructure	1 and 6F
1457, 1522, 1527, 1541, 1548, 1562, 1570, 1580, 1581, 1582, 1653, 1662, 1667 & 1670	Access to land for the purpose of carrying out the authorised development including the power to carry out any ancillary works necessary to facilitate that access	6F
1463, 1466, 1468, 1473, 1474, 1475, 1479, 1480, 1481, 1482, 1484, 1485, 1486, 1490, 1491, 1493, 1494, 1497, 1498, 1509, 1514, 1521, 1553, 1554, 1556, 1565, 1576, 1579, 1587 & 1605	Construction of authorised development and mitigation works	1
1471 & 1668	Dismantling of redundant infrastructure	1 and 6F	Removal of pylon foundations only to a depth of 1.5 metres
1511, 1544, 1549, 1561, 1573 & 1661	Dismantling of redundant infrastructure	6F	Removal of pylon foundations only to a depth of 1.5 metres
(1)	(2)	(3)	(4)
---	---	---	---
Plot number of land shown on land plan	Purpose for which temporary possession may be taken	Relevant part of the authorised development	Element of Work in respect of which land is not required to be re-instated
1392, 1593, 1635 & 1636	Construction of authorised development and mitigation works	1 and 6F
1654 & 1656	Dismantling of redundant infrastructure	6F

PART 2 — UK POWER NETWORKS

(1)	(2)	(3)	(4)
Plot number of land shown on land plan	Purpose for which temporary possession may be taken	Relevant part of the authorised development	Element of Work in respect of which land is not required to be re-instated
1	Dismantling of redundant infrastructure	6A	Pylon PX1
2, 3, 4, 5, 6, 8, 9, 10, 12, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 139 & 140	Dismantling of redundant infrastructure	6A
7, 38, 114, 137 & 142	Dismantling of redundant infrastructure	6A	Removal of pylon foundations only to a depth of 1.5 metres
11, 13, 14, 15, 16, 138, 141, 143, 237, 238, 239, 240, 241, 244, 245, 246, 247, 249, 250, 252 & 253	Access to land for the purpose of carrying out the authorised development including the power to carry out any ancillary works necessary to facilitate that access	6A
144 & 243	Access to land for the purpose of carrying out the authorised development including the power to carry out any ancillary works necessary to facilitate that access	1, 6A and 6B
145, 460, 461, 551, 555, 556, 558, 561, 562, 563, 564, 565, 567, 568, 569, 570, 572, 573, 574, 575, 578, 579, 580, 581, 587, 588, 589, 590, 596, 597, 600, 612, 614, 616, 617, 620, 623, 624, 681, 713, 715, 716, 717, 719, 856, 870, 872, 874, 878 & 879	Access to land for the purpose of carrying out the authorised development including the power to carry out any ancillary works necessary to facilitate that access	1 and 6B
146, 147 & 734	Dismantling of redundant infrastructure	1 and 6B	Removal of pylon foundations only to a depth of 1.5 metres
148, 484, 489, 491, 492, 493, 494, 496, 497, 499, 500, 506, 508, 509, 510, 514, 515, 517, 519, 521, 523, 529, 530, 533, 547, 548, 598602, 603, 622, 686, 688, 689, 690, 692, 694, 698, 701, 703, 756, 757, 783, 784, 786, 795, 796, 896 & 903	Dismantling of redundant infrastructure	6B
149 & 298	Construction of the authorised development and mitigation works	1, 4A and 6B	Removal of pylon foundations only to a depth of 1.5 metres
150,151, 284a, 284b, 285, 286, 287, 288, 291, 292, 294, 305a & 488A	Construction of the authorised development and mitigation works	1, 4A and 6B
300	Construction of the authorised development and mitigation works	1 and 6B
301, 303, 304, 467 & 478	Access to land for the purpose of carrying out the authorised development including the power to carry out any ancillary works necessary to facilitate that access	1, 4A and 6B
305b	Construction of the authorised development and mitigation works	1
468, 474, 475, 476, 480, 481, 482, & 483	Dismantling of redundant infrastructure	4A and 6B
469, 470, 471, 472, 473 & 488B	Access to land for the purpose of carrying out the authorised development including the power to carry out any ancillary works necessary to facilitate that access	4A and 6B
477, 485, 486, 487, 490, 495, 501, 502, 504, 505, 507, 511, 512, 513, 516, 518, 520, 522, 524, 525, 531, 532, 534, 535, 537, 546, 549, 550, 554, 593, 595, 599, 601, 604, 605, 606, 611, 635, 637, 643, 649, 653, 657, 662, 667, 669, 675, 676, 684, 693, 695, 699, 702, 704, 707, 711, 712, 718, 724, 738, 749, 752, 753, 758, 764, 767, 769, 782, 789, 794, 797, 798, 799, 807, 820, 838, 844, 849, 853, 857, 863, 864, 866, 868, 869, 871, 873, 876 & 880	Access to land for the purpose of carrying out the authorised development including the power to carry out any ancillary works necessary to facilitate that access	6B
479	Dismantling of redundant infrastructure	1, 4A and 6B
498, 503, 526, 527, 528, 536, 553, 609, 626, 631, 641, 652, 665, 706, 766, 770, 792, 811, 840, 851, 862, 867 & 885	Dismantling of redundant infrastructure	6B	Removal of pylon foundations only to a depth of 1.5 metres
905 & 906	Dismantling of redundant infrastructure	4B and 6C
909	Dismantling of redundant infrastructure	1, 4B, 6B and 6C	Removal of pylon foundations only to a depth of 1.5 metres
919, 924, 925, 926, 927, 928, 934, 935, 936, 937, 946, 947, 948, 949, 951 & 952	Dismantling of redundant infrastructure	1, 4B and 6C
955 & 961	Construction of the authorised development and mitigation works	1, 4B, 6C and 6D	Removal of pylon foundations only to a depth of 1.5 metres
960, 993 & 1002	Access to land for the purpose of carrying out the authorised development including the power to carry out any ancillary works necessary to facilitate that access	1 and 6C
962, 964, 972, 980, 983, 984, 987, 989, 1011, 1023, 1025 & 1044	Dismantling of redundant infrastructure	1 and 6D
963, 969 & 988	Dismantling of redundant infrastructure	1 and 6C
965, 971 & 973	Construction of the authorised development and mitigation works	1, 4B and 6C
970	Construction of the authorised development and mitigation works	1 and 6D
974, 975, 982, 985, 990, 991, 995, 996, 1000, 1006 & 1045	Dismantling of redundant infrastructure	6D
986, 1009, 1015, 1019 & 1021	Access to land for the purpose of carrying out the authorised development including the power to carry out any ancillary works necessary to facilitate that access	6D
997, 998, 999, 1001, 1003, 1004, 1005, 1012, 1014, 1016, 1017, 1018, 1029, 1032, 1034, 1035, 1036 & 1038	Access to land for the purpose of carrying out the authorised development including the power to carry out any ancillary works necessary to facilitate that access	1 and 6D
1027	Dismantling of redundant infrastructure	1 and 6D	Removal of pylon foundations only to a depth of 1.5 metres
1040 & 1049	Dismantling of redundant infrastructure	6D	Removal of pylon foundations only to a depth of 1.5 metres
(1)	(2)	(3)	(4)
---	---	---	---
Plot number of land shown on land plan	Purpose for which temporary possession may be taken	Relevant part of the authorised development	Element of Work in respect of which land is not required to be re-instated
1020	Access to land for the purpose of carrying out the authorised development including the power to carry out any ancillary works necessary to facilitate that access	6D
1046	Dismantling of redundant infrastructure	6D
(1)	(2)	(3)	(4)
---	---	---	---
Plot number of land shown on land plan	Purpose for which temporary possession may be taken	Relevant part of the authorised development	Element of Work in respect of which land is not required to be re-instated
1022, 1028, 1033, 1052, 1057, 1062, 1063, 1068, 1074, 1085, 1089, 1091, 1092, 1098, 1104, 1112, 1113, 1114, 1115, 1116, 1117, 1119, 1120, 1125, 1135, 1150, 1156 & 1157	Access to land for the purpose of carrying out the authorised development including the power to carry out any ancillary works necessary to facilitate that access	6D
1053, 1069, 1102, 1127 & 1153	Dismantling of redundant infrastructure	6D	Removal of pylon foundations only to a depth of 1.5 metres
1060, 1088, 1118, 1121, 1123, 1124, 1133, 1146, 1147, 1148, 1151, 1159, 1161 & 1162	Dismantling of redundant infrastructure	6D
1086	Dismantling of redundant infrastructure	1 and 6D
1090, 1107 & 1111	Access to land for the purpose of carrying out the authorised development including the power to carry out any ancillary works necessary to facilitate that access	1 and 6D
1129, 1130, 1132, 1134, 1136, 1138, 1143, 1149, 1152, 1164, 1165, 1261, 1263 & 1264	Access to land for the purpose of carrying out the authorised development including the power to carry out any ancillary works necessary to facilitate that access	1, 4C and 6E
1166b	Construction of the authorised development and mitigation works	1, 4C, 5C, 6D and 6E
1167, 1170, 1172, 1173, 1175, 1179, 1180, 1182, 1191, 1192, 1194, 1195 & 1200	Construction of the authorised development and mitigation works	1, 4C and 6E
1169, 1177, 1188, 1190, 1198, 1215, 1231, 1237, 1244 & 1248	Construction of the authorised development and mitigation works	1 and 5C
1178, 1183 & 1189	Dismantling of redundant infrastructure	5C
1201, 1205, 1210, 1213, 1242, 1252, 1253 & 1254	Construction of the authorised development and mitigation works	1 and 5D
1214	Construction of the authorised development and mitigation works	1, 4C and 6E	Removal of pylon foundations only to a depth of 1.5 metres
1219 & 1236	Access to land for the purpose of carrying out the authorised development including the power to carry out any ancillary works necessary to facilitate that access	1 and 5C
1224	Dismantling of redundant infrastructure	1, 5C and 5D
1225	Construction of the authorised development and mitigation works	1, 5A and 5C
1230	Construction of the authorised development and mitigation works	1, 4C, 6E and 6F
1232 & 1238	Access to land for the purpose of carrying out the authorised development including the power to carry out any ancillary works necessary to facilitate that access	1, 4C and 5C
1240	Construction of the authorised development and mitigation works	1, 4C and 5C
1269, 1270, 1271, 1360, 1382, 1391, 1395, 1396, 1417, 1427, 1445, 1446, 1455, 1456, 1462, 1598, 1608, 1637 & 1639	Construction of the authorised development and mitigation works	1 and 6F
1272, 1276, 1277, 1300, 1306, 1332, 1341, 1343, 1344, 1356, 1357, 1401, 1422 & 1425	Dismantling of redundant infrastructure	6F
1275, 1281, 1282, 1285, 1287, 1293, 1294, 1297, 1303, 1308, 1309, 1311, 1313, 1315, 1319, 1320, 1324, 1326, 1327, 1331, 1339, 1342, 1350, 1351, 1354, 1359, 1363, 1365, 1367, 1375, 1376, 1377, 1378, 1381, 1383, 1384, 1386, 1387, 1390, 1393, 1402, 1403, 1404, 1409, 1412, 1413, 1414, 1416, 1420 1426, 1432, 1435, 1447 & 1460	Access to land for the purpose of carrying out the authorised development including the power to carry out any ancillary works necessary to facilitate that access	1 and 6F
1278, 1301, 1302, 1307, 1316, 1318, 1325, 1334, 1347, 1353 & 1366	Access to land for the purpose of carrying out the authorised development including the power to carry out any ancillary works necessary to facilitate that access	6F
1279, 1317, 1329, 1346, 1364, 1415 & 1649	Dismantling of redundant infrastructure	6F	Removal of pylon foundations only to a depth of 1.5 metres
1305, 1310, 1355, 1358, 1407, 1408 & 1421	Dismantling of redundant infrastructure	1 and 6F
1614, 1603A & 1603B	Construction of the authorised development and mitigation works	1, 3 and 6F
1612 & 1625	Access to land for the purpose of carrying out the authorised development including the power to carry out any ancillary works necessary to facilitate that access	1, 3 and 6F
(1)	(2)	(3)	(4)
---	---	---	---
Plot number of land shown on land plan	Purpose for which temporary possession may be taken	Relevant part of the authorised development	Element of Work in respect of which land is not required to be re-instated
1385, 1389, 1411, 1418, 1439, 1449, 1458, 1465, 1592 1594, 1596, 1597, 1599, 1600, 1604, 1616, 1618, 1619, 1626, 1627A, 1627B, 1633, 1638, 1643, 1663, 1666 & 1669	Construction of the authorised development and mitigation works	1 and 6F
1394, 1419, 1440, 1443, 1452, 1459, 1461, 1464, 1467, 1472, 1478, 1501, 1502, 1510, 1515, 1516, 1520, 1524, 1525, 1526, 1529, 1532, 1533, 1552, 1571, 1572, 1577, 1595, 1606, 1620A, 1620B, 1620C, 1620D, 1623, 1628A, 1628B, 1632, 1634, 1640, 1641, 1644, 1645, 1646, 1647, 1648, 1650, 1651, 1652, 1655, 1657, 1659, 1660, 1665, 1671 & 1672	Access to land for the purpose of carrying out the authorised development including the power to carry out any ancillary works necessary to facilitate that access	1 and 6F
1429, 1430, 1434, 1505, 1508, 1531, 1539, 1540, 1558, 1588, 1589A, 1589B, 1589C, 1589D & 1658	Dismantling of redundant infrastructure	6F
1431, 1448, 1453, 1487, 1488, 1489, 1495, 1496, 1519, 1523, 1547, 1555, 1559, 1563, 1564, 1566, 1575 & 1664	Dismantling of redundant infrastructure	1 and 6F
1457, 1522, 1527, 1541, 1548, 1562, 1570, 1580, 1581, 1582, 1653, 1662, 1667 & 1670	Access to land for the purpose of carrying out the authorised development including the power to carry out any ancillary works necessary to facilitate that access	6F
1466 & 1470A	Access to land for the purpose of carrying out the authorised development including the power to carry out any ancillary works necessary to facilitate that access	1
1471 & 1668	Dismantling of redundant infrastructure	1 and 6F	Removal of pylon foundations only to a depth of 1.5 metres
1511, 1544, 1549, 1561, 1573 & 1661	Dismantling of redundant infrastructure	6F	Removal of pylon foundations only to a depth of 1.5 metres
1610 & 1617	Construction of the authorised development and mitigation works	1, 3 and 6F
(1)	(2)	(3)	(4)
---	---	---	---
Plot number of land shown on land plan	Purpose for which temporary possession may be taken	Relevant part of the authorised development	Element of Work in respect of which land is not required to be re-instated
1392, 1593, 1635 & 1636	Construction of authorised development and mitigation works	1 and 6F
1654 & 1656	Dismantling of redundant infrastructure	6F

SCHEDULE 12 — TRAFFIC REGULATION

PART 1 — TEMPORARY PROHIBITION OF VEHICULAR ACCESS AND NO WAITING AND SPEED RESTRICTION

(1)	(2)	(3)
Road	Extent as shown on the Traffic Regulation Order Plans	Note
Headcorn Drive and Sandhurst Drive	Between points TR03.1 and TR03.4 (Headcorn Drive) and between TR03.2 and TR03.3 (Sandhurst Drive) as shown on Sheet 1.	Prohibition of vehicular access at any time.
Vauxhall Road, Broad Oak Road and Shalloak Road	Between points TR05.1 and TR05.4 (Broad Oak Road and Shalloak Road) and between TR05.2 and TR05.3 (Vauxhall Road) as shown on Sheets 1 and 2.	Prohibition of vehicular access at any time. No waiting restriction between 07:00am to 07:00pm Monday to Sunday. Speed limit to be reduced to 30mph for the duration of the construction of the authorised development.
Herne Bay Road	Between points TR08.1, and TR08.2 as shown on Sheets 2 and 3.	Prohibition of vehicular access at any time. No waiting restriction between 07:00am to 07:00pm Monday to Sunday. Speed limit to be reduced to 30mph for the duration of the construction of the authorised development.
Hoath Road and Bredlands Road	Between points TR09.1 and TR9.4 (Hoath Road) and between TR09.2 and TR09.3 (Bredlands Road) as shown on Sheets 4 and 5.	Prohibition of vehicular access at any time. No waiting restriction between 07:00am to 07:00pm Monday to Sunday. Speed limit to be reduced to 30mph for the duration of the construction of the authorised development.
Nethergong Hill and Sandpit Hill	Between points TR10.1, and TR10.2 as shown on Sheet 8.	Prohibition of vehicular access at any time. No waiting restriction between 07:00am to 07:00pm Monday to Sunday. Speed limit to be reduced to 30 mph for the duration of the construction of the authorised development.
(1)	(2)	(3)
---	---	---
Road	Extent as shown on the Traffic Regulation Order Plans	Note
A28 (Island Road)	Between points TR11.1, and TR11.2 as shown on Sheets 9 and 10.	Prohibition of vehicular access at any time. No waiting restriction between 07:00am to 07:00pm Monday to Sunday. Speed limit to be reduced to 30mph for the duration of the construction of the authorised development.
(1)	(2)	(3)
---	---	---
Road	Extent as shown on the Traffic Regulation Order Plans	Note
Gore Street	Between points TR13.1, and TR13.2 as shown on Sheet 11.	Prohibition of vehicular access at any time. No waiting restriction between 07:00am to 07:00pm Monday to Sunday. Speed limit to be reduced to 30mph for the duration of the construction of the authorised development.

PART 2 — TEMPORARY PROHIBITION OF VEHICULAR ACCESS AND NO WAITING RESTRICTION

(1)	(2)	(3)
Road	Extent as shown on the Traffic Regulation Order Plans	Note
Farleigh Road	Between points TR01.1, and TR01.2 as shown on Sheet 1.	Prohibition of vehicular access at any time. No waiting restriction between 07:00am to 07:00pm Monday to Sunday.
Ulcombe Gardens	Between points TR02.1 and TR02.2 and TR02.3 as shown on Sheet 1.	Prohibition of vehicular access at any time. No waiting restriction between 07:00am to 07:00pm Monday to Sunday.
Headcorn Drive, Westerham Close and Bicknor Close	Between points TR04.1 and TR04.7 via TR04.2 (Headcorn Drive) and between TR04.3 and TR04.4 (Bicknor Close) and between TR04.5 and TR04.6 (Westerham Close) as shown on Sheet 1.	Prohibition of vehicular access at any time. No waiting restriction between 07:00am to 07:00pm Monday to Sunday.
(1)	(2)	(3)
---	---	---
Road	Extent as shown on the Traffic Regulation Order Plans	Note
A253 (Ramsgate Road)	Between points TR12.1, and TR12.2 as shown on Sheet 11.	Prohibition of vehicular access at any time. Speed limit to be reduced to 30mph for the duration of the construction of the authorised development.

PART 3 — TEMPORARY PROHIBITION OF VEHICULAR ACCESS

(1)	(2)	(3)
Road	Extent as shown on the Traffic Regulation Order Plans	Note
Mayton Lane and Heel Lane	Between points TR06.1 and TR06.4 (Mayton Lane) and between TR06.2 and TR06.3 (Heel Road) as shown on Sheet 3.	Prohibition of vehicular access at any time.
Barnett’s Lane	Between points TR07.1, and TR07.2 as shown on Sheet 3	Prohibition of vehicular access at any time.

SCHEDULE 13 — TREES SUBJECT TO TREE PRESERVATION ORDERS

(1)	(2)	(3)	(4)
Type of tree	Location as shown on the Trees and Hedgerows to be removed or affected plans	Work to be carried out	TPO reference
Hawthorn	Trees along boundary to rear of 18 Bicknor Close (tree group outside TPO area) as shown on Sheet 1	Removal of 31m² of group for pylon working area. (Trees assumed to form part of TPO).	Abbotsbury Housing Estate, Headcorn Drive TPO No 10, 1975/A1
Mixed broadleaved species including ash, oak, hawthorn, cherry and hornbeam	Trees in woodland to rear of 26 and 28 Shalloak Road (tree group partly outside TPO area) as shown on Sheet 2	Removal of 335m² to create working area for removal of existing pylon. Area for removal represents maximum clearance required; pruning may be sufficient. (Trees assumed to form part of TPO).	Priest’s Meadow TPO No 6, 1989/W1
Mixed broadleaved species including oak, ash, silver birch and hawthorn	Trees on eastern edge of Shelford Wood near to Shalloak Road (tree group partly outside TPO area) as shown on Sheet 2	Removal of 3,941m², of which a small segment at northern end is certainly not part of the TPO. In addition, 377m² of trees to be managed by pruning where scaffolding is required for installation of 400kV line over adjacent road.	Shelford Wood, Broad Oak TPO No 17, 1990/W1
Mixed broadleaved species including sweet chestnut, hazel, oak, silver birch, elder, hornbeam and white poplar	Northern part of Kemberland Wood as shown on Sheet 3	6,402m ² of woodland to be managed by coppicing beneath 400kV line.	Kemberland Wood TPO No 2, 1990/W1
Ash	Trees along eastern boundary of Kemberland Wood at northern end of boundary (tree group partly outside TPO area) as shown on Sheet 3	Removal of 610m² (single row of mature ash trees) due to oversail of 400kV line. (Trees assumed to form part of TPO).	Kemberland Wood TPO No 2, 1990/W1
Mixed broadleaved species including oak, elm, sycamore and hawthorn	Tree belt to the east of Sunbeams, Wildwood and Bluebells, off Staines Hill (tree group adjacent to TPO area) as shown on Sheet 4	Removal of overhanging branches and trees on eastern edge of group as part of reptile mitigation (total of 424m² affected, split between TPO No 1, 2003 and TPO No 1, 2006). (Trees assumed to form part of TPO).	Sunbeams Cottage, Staines, Hill, Sturry TPO No 1, 2003/W1
Mixed broadleaved species including oak, elm, sycamore and hawthorn	Tree belt to the east of Brambles, Fallows End, Touchwood House and Stonerock Hall, off Staines Hill (tree group adjacent to TPO area) as shown on Sheet 4	Removal of overhanging branches and trees on eastern edge of group (total of 424m² affected, split between TPO No 1, 2003 and TPO No 1, 2006). (Trees assumed to form part of TPO).	Land between Staines Hill and Babs Oak Hill, Sturry TPO No 1, 2006/W1
Ash	Trees overhanging track to rear of 23 to 37 Seamark Close as shown on Sheet 12	Trees adjacent to existing track, minor pruning of overhanging branches may be required for vehicle access.	20–36 (inclusive) Seamark Close, Monkton TH/TPO/29(1981)

SCHEDULE 14 — PROTECTIVE PROVISIONS

PART 1 — PROTECTION FOR ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS

1

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

2

In this Part of this Schedule—

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

• “apparatus” means— in the case of an electricity undertaker, electric lines or electrical plant (as defined in the Electricity Act 1989[^f00039]), belonging to or maintained by that electricity undertaker for the purposes of electricity supply; in the case of a gas undertaker, any mains, pipes or other apparatus belonging to or maintained by that gas undertaker for the purposes of gas supply; in the case of a water undertaker, mains, pipes or other water apparatus belonging to or maintained by that water undertaker for the purposes of water supply; and in the case of a sewerage undertaker— any drain or works vested in that undertaker under the Water Industry Act 1991[^f00040]; and any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) of that Act or an agreement to adopt made under section 104 of that Act, and includes a sludge main, disposal main (within the meaning of section 219 of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works, and in each case includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

• “functions” includes powers and duties;

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

• “relevant statutory undertaker” means, in relation to any apparatus, the statutory undertaker that owns the apparatus or is responsible for its maintenance; and

• “statutory undertaker” means— any licence holder within the meaning of Part 1 of the Electricity Act 1989; a gas transporter within the meaning of Part 1 of the Gas Act 1986[^f00041]; a water undertaker within the meaning of the Water Industry Act 1991; and a sewerage undertaker within the meaning of Part 1 of the Water Industry Act 1991, for the area of the authorised development.

3

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

4

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

5

• (1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed, that apparatus must not be removed under this Part of this Schedule and any right of a statutory undertaker to maintain that apparatus in that land must not be extinguished until alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the relevant statutory undertaker.

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

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

• (4) The relevant statutory undertaker must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 48 (arbitration), and after the grant to the statutory undertaker of any such facilities and rights as are referred to in sub-paragraph (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.

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

• (6) Nothing in sub-paragraph (5) authorises the undertaker to execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or execute any filling around the apparatus (where the apparatus is laid in a trench) within 300 millimetres of the apparatus.

6

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

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

• (3) Any requirements made by a statutory undertaker under sub-paragraph (2) must be made within a period of 28 days beginning with the date on which a plan, section and description under sub-paragraph (1) are submitted to it.

• (4) If a statutory undertaker in accordance with sub-paragraph (3) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 1 to 4 apply as if the removal of the apparatus had been required by the undertaker under paragraph 5(2).

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

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

7

• (1) Subject to the following provisions of this paragraph, the undertaker must repay to the relevant statutory undertaker the proper and reasonable expenses reasonably incurred by that statutory undertaker in, or in connection with, the inspection, removal, alteration or protection of any apparatus.

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

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

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

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

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 48 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the relevant statutory undertaker by virtue of sub-paragraph (1) is to be reduced by the amount of that excess.

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

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

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

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

PART 2 — PROTECTION FOR OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

1

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

• (2) In this Part of this Schedule—

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

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

• “the electronic communications code” has the same meaning as in Chapter 1 of Part 2 of the Communications Act 2003[^f00042];

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

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

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

2

The exercise of the powers of article 32 (statutory undertakers) are subject to paragraph 23 of Schedule 2 to the Telecommunications Act 1984[^f00043].

3

• (1) Subject to sub-paragraphs (2) to (3), if as the result of the authorised development or their construction, or of any subsidence resulting from any of those works any damage is caused to any electronic communications apparatus belonging to an operator (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works, or other property of an operator) the undertaker must bear and pay the cost reasonably and properly incurred by the operator in making good such damage.

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

• (3) Any difference arising between the undertaker and the operator under this paragraph must be referred to and settled by arbitration under article 48 (arbitration).

4

This Part of this Schedule does not apply to—

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

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

5

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

PART 3 — PROTECTION FOR HIGHWAYS AND TRAFFIC

1

• (1) The provisions of this Part of this Schedule shall have effect unless otherwise agreed in writing between the undertaker and the highway authority;

• (2) In this Part of this Schedule—

• “highway” has the same meaning as in the 1980 Act;

• “the highway authority” means Kent County Council including its successor;

• “plans” includes sections, designs, drawings, specifications, soil reports, staging proposals, programmes, calculations, methods of construction, risk assessments and details of the extent, timing and duration of any proposed occupation of any highway and “approved plans” means plans approved or deemed to be approved or settled by arbitration in accordance with the provisions of this Part of this Schedule;

• “property of the highway authority” means any apparatus or street furniture of the highway authority affixed to or placed under any highway; and

• (3) Wherever in this Part of this Schedule provision is made with respect to the approval or consent of the highway authority, that approval or consent shall be in writing and subject to such reasonable terms and conditions as the highway authority may require.

• (4) In exercising the powers conferred by this Order in relation to any highway the undertaker shall have regard to the potential disruption of traffic which may be caused and shall seek to minimise such disruption so far as is reasonably practicable.

• (5) The undertaker shall not, without the consent of the highway authority, construct any part of the works authorised by this Order under and within 50 metres of the surface of any highway which comprises a carriageway except in accordance with plans submitted to, and approved by, the highway authority; and if within 28 days after such plans have been submitted the highway authority has not approved or disapproved them, it shall be deemed to have approved the plans as submitted.

• (6) In the construction of any part of the said works under a highway no part of it shall, except with the consent of the highway authority, be so constructed as to interfere with the provision of proper means of drainage of the surface of the highway or be nearer than two metres to the surface of the highway.

• (7) The undertaker shall not under the powers conferred by or under this Order without the consent of the highway authority, acquire or enter upon, take or use whether temporarily or permanently or acquire any new rights over any part of any highway, including subsoil beneath the surface of any highway.

2

• (1) Before commencing the construction of, or the carrying out of any work which involves interference with a highway, the undertaker shall submit to the highway authority for its approval plans, drawings and particulars (in this paragraph referred to as “relevant plans”) relating to the interference, and the works shall not be carried out except in accordance with the relevant plans submitted to, and approved by, the highway authority.

• (2) If within 28 days after the relevant plans have been submitted the highway authority has not approved or disapproved them, it shall be deemed to have approved the relevant plans as submitted.

3

Any officer of the highway authority duly appointed for the purpose may at all reasonable times, on giving to the undertaker such notice as may in the circumstances be reasonable, enter upon and inspect any part of the works authorised by this Order which—

• (a) is in, over or under any highway, or

• (b) which may affect any highway or any property of the highway authority,

during the carrying out of the work, and the undertaker shall give to such officer all reasonable facilities for such inspection and, if he shall be of the opinion that the construction of the work is attended with danger to any highway or to any property of the highway authority on or under any highway, the undertaker shall adopt such measures and precautions as may be reasonably practicable for the purpose of preventing any damage or injury to the highway.

4

• (1) The undertaker shall not alter, disturb or in any way interfere with any property of the highway authority on or under any highway, or the access thereto, without the consent of the highway authority, and any alteration, diversion, replacement or reconstruction of any such property which may be necessary shall be made by the highway authority or the undertaker as the highway authority thinks fit, and the expense reasonably incurred by the highway authority in so doing shall be repaid to the highway authority by the undertaker.

• (2) If within 28 days after a request for consent has been submitted the highway authority has not given or refused such consent, it shall be deemed to have consented to the request as submitted.

5

The undertaker shall not remove any soil or material from any highway except so much as must be excavated in the carrying out of the works authorised by this Order.

6

• (1) If the highway authority, after giving to the undertaker not less than 28 days’ notice (or, in case of emergency, such notice as is reasonably practicable) of its intention to do so, incurs any additional expense in the signposting of traffic diversions, in the diversion of footpaths, in the taking of other measures in relation to that, or in the repair of any highway by reason of the diversion to that traffic from a road of a higher standard, in consequence of the construction of the works authorised by this Order, the undertaker shall repay to the highway authority the amount of any such expense reasonably so incurred.

• (2) An amount which apart from this sub-paragraph would be payable to the highway authority by virtue of this paragraph in respect of the repair of any highway shall, if the highway fell or would have fallen due for repair as part of the maintenance programme of the highway authority at any time within ten years of the repair being carried out by the undertaker, so as to confer on the highway authority financial benefit (whether by securing the completion of overdue maintenance work for which the highway authority is liable or by deferment of the time for such work in the ordinary course), be reduced by the amount which represents that benefit.

7

• (1) The undertaker shall not, except with the consent of the highway authority, deposit any soil or materials, or stand any plant, on or over any highway so as to obstruct or render less safe the use of the highway by any person, or, except with the like consent, deposit any soil or materials on any highway outside a hoarding, but if within 28 days after request for it any such consent is neither given nor refused it shall be deemed to have been given.

• (2) The expense reasonably incurred by the highway authority in removing any soil or materials deposited on any highway in contravention of this paragraph shall be repaid to the highway authority by the undertaker.

8

The undertaker shall not, except with the consent of the highway authority, erect or retain on or over a highway to which the public continues to have access any scaffolding or other structure which obstructs the highway.

9

The undertaker shall, if reasonably so required by the highway authority, provide and maintain to the reasonable satisfaction of the highway authority, during such time as the undertaker may occupy any part of a highway for the purpose of the construction of any part of the works authorised by this Order, temporary bridges and temporary ramps for vehicular or pedestrian traffic over any part of the works or in such other position as may be necessary to prevent undue interference with the flow of traffic in the highway.

10

• (1) Where any part of any highway has been broken up or disturbed by the undertaker and not permanently stopped up or diverted, the undertaker shall make good the subsoil, foundations and surface of that part of the highway to the reasonable satisfaction of the highway authority, and shall maintain the same to the reasonable satisfaction of the highway authority for such time as may reasonably be required for the permanent reinstatement of the highway

• (2) The reinstatement of that part of the highway shall be carried out by the undertaker to the reasonable satisfaction of the highway authority in accordance with such requirements as to specification of material and standards of workmanship as may be prescribed for equivalent reinstatement work by regulations made under section 71 of the 1991 Act.

11

If any damage to any highway or any property of the highway authority on or under any highway is caused by, or results from, the construction of any work authorised by this Order or any order or omission of the undertaker, its contractors, agents or employees whilst engaged upon such work, the undertaker may, in the case of damage to a highway, make good such damage to the reasonable satisfaction of the highway authority and, where the undertaker does not make good, or in the case of damage to property of the highway authority, the undertaker shall make compensation to the highway authority.

12

The fact that any act or thing may have been done in accordance with plans approved by the highway authority shall not (if it was not attributable to the act, neglect or default of the highway authority or of any person in its employ or its contractors or agents) exonerate the undertaker from any liability, or affect any claim for damages, under this Part or otherwise.

13

Any difference arising between the undertaker and the highway authority under this Part of this Schedule (other than in difference as to the meaning or construction of this Part of this Schedule) shall be resolved by arbitration under article 48 (arbitration).

PART 4 — PROTECTION FOR RAILWAY INTERESTS

1

The following provisions of this Part have effect, unless otherwise agreed in writing between the undertaker and Network Rail.

2

In this Part—

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

• “the engineer” means an engineer appointed by Network Rail for the purposes of this Order;

• “network licence” means the network licence, as amended from time to time, granted to Network Rail by the Secretary of State in exercise of the powers in section 8 of the Railways Act l993[^f00044];

• “Network Rail” means Network Rail Infrastructure Limited and any associated company of Network Rail Infrastructure Limited which holds property for railway purposes, and for the purpose of this definition “associated company” means any company which is (within the meaning of section 1159 of the Companies Act 2006[^f00045] (meaning of “subsidiary” etc)) the holding company of Network Rail Infrastructure Limited, a subsidiary of Network Rail Infrastructure Limited or another subsidiary of the holding company of Network Rail Infrastructure Limited;

• “plans” includes sections, designs, design data, software, drawings, specifications, soil reports, calculations, descriptions (including descriptions of methods of construction), staging proposals, programmes and details of the dates of, extent, timing and duration of any proposed occupation of railway property;

• “railway operational procedures” means procedures specified under any access agreement (as defined in the Railways Act 1993[^f00046]) or station lease;

• “railway property” means—any railway belonging to Network Rail;any station, land, works, apparatus and equipment belonging to Network Rail and connected with any such railway; andany easement or other property interest held or used by Network Rail for the purposes of such railway or works, apparatus or equipment; and

• “specified work” means so much of any of the authorised development as is situated upon, across, under, over or within 15 metres of, or may in any way adversely affect, railway property.

3

• (1) Where under this Part Network Rail is required to give its consent or approval in respect of any matter, that consent or approval is subject to the condition that Network Rail complies with any relevant railway operational procedures and any obligations under its network licence or under statute.

• (2) In so far as any specified work or the acquisition or use of railway property is or may be subject to railway operational procedures, Network Rail must—

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

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

4

• (1) The undertaker must before commencing construction of any specified work supply to Network Rail proper and sufficient plans of that work for the reasonable approval of the engineer and the specified work must not be commenced except in accordance with such plans as have been approved in writing by the engineer or settled by arbitration under article 48 (arbitration).

• (2) The approval of the engineer under sub-paragraph (1) must not be unreasonably withheld, and if by the end of the period of 28 days beginning with the date on which such plans have been supplied to Network Rail the engineer has not intimated disapproval of those plans and the grounds of disapproval, the undertaker may serve upon the engineer written notice requiring the engineer to intimate approval or disapproval within a further period of 28 days beginning with the date upon which the engineer receives written notice from the undertaker and if, by the expiry of the further 28 days period specified in the written notice the engineer has not intimated approval or disapproval, the engineer is deemed to have approved the plans as submitted.

• (3) If by the end of the period of 28 days beginning with the date on which written notice was served upon the engineer under sub-paragraph (2), Network Rail gives notice to the undertaker that Network Rail desires itself to construct any part of a specified work which in the opinion of the engineer will or may affect the stability of railway property or the safe operation of traffic on the railways of Network Rail then, if the undertaker desires such part of the specified work to be constructed, Network Rail must construct it with all reasonable dispatch on behalf of and to the reasonable satisfaction of the undertaker in accordance with the plans approved or deemed to be approved or settled under this paragraph, and under the supervision (where appropriate and if given) of the undertaker.