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

• “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; and

• “SEW” means South East Water Limited (company number 02679874) and any associated company of South East Water Limited and any successor company or body carrying on the functions of a regulated water supply company in Kent.

3

Paragraphs 1 to 9 of this Part of this Schedule do not apply to apparatus in respect of which the relations between the undertaker and SEW 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 must not acquire any apparatus otherwise than by agreement.

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 or diverted from its position under this Part of this Schedule and/or any right of SEW to retain and maintain that apparatus in that land must not be extinguished or made permanently or for any longer than 7 consecutive days incapable of being exercised until—

• (a) any alternative apparatus required has been constructed and is in operation to the reasonable satisfaction of SEW; and

• (b) any rights required by SEW (acting reasonably) including to install, access, retain, replace, divert and maintain any diverted apparatus or alternative apparatus have been secured to the reasonable satisfaction of SEW.

• (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 SEW to remove or divert any apparatus placed in that land, SEW will not be obligated to do so until it is satisfied that the conditions of sub-paragraphs (1)(a) and (b) have, or will be, met and the undertaker has given to SEW written notice of that requirement, together with a plan and section of the work proposed for approval (such approval not to be unreasonably withheld).

• (3) If alternative apparatus is to be constructed as a consequence of the removal or diversion of apparatus placed, or any part of such apparatus, on the land referred to in sub-paragraph (2), SEW, 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 the land in which the alternative apparatus is to be constructed.

• (4) SEW 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 SEW of any such facilities and rights as are referred to in sub-paragraphs (1)(b) and (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 being met and SEW having secured any rights necessary to carry out such a removal, diversion or other alteration.

• (5) Regardless of anything in sub-paragraph (4) but subject to the conditions in sub-paragraphs (1)(a) and (b), if the undertaker gives notice in writing to SEW that it desires itself to execute any work, or part of any work in connection with the removal or diversion of apparatus or the construction of alternative apparatus, that work, instead of being executed by SEW, must be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of SEW. The undertaker will use its best endeavours to carry out such work in such manner as to cause as little damage and disruption as possible to SEW. If so requested by SEW, where possible, the undertaker will return any removed apparatus to SEW.

• (6) Nothing in sub-paragraph (5) authorises the undertaker to execute the placing, installation, bedding, packing, removal, connection or disconnection of apparatus which is within 300 millimetres of any apparatus the removal or diversion of which has not been required by the undertaker under paragraph 5(2) (retained apparatus), or execute any filling around the apparatus (where the apparatus is laid in a trench) within 300 millimetres of retained apparatus.

6

• (1) Not less than 28 days before starting the execution of any works in, on or under any land purchased, held, appropriated or used under this Order that are near to or will or may affect any retained apparatus, the undertaker must submit to SEW a plan, section and description of the works to be executed in order to ensure the protection of retained apparatus.

• (2) The 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 SEW for the alteration or otherwise for the protection of retained apparatus or for securing access to such retained apparatus and SEW is entitled to watch and inspect the execution of those works.

• (3) Any requirements made by SEW 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, or as soon as reasonably practicable after SEW becoming aware of an issue (which it was not aware of at the time the plan, section and description under sub-paragraph (1) was submitted), which means a requirement(s) is now necessary to protect the retained apparatus and or access to the retained apparatus.

• (4) If SEW 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 of this Part of this Schedule apply as if the removal of the apparatus had been required by the undertaker under paragraph 49(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 SEW 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 SEW the proper and reasonable expenses reasonably incurred by SEW in, or in connection with, the consideration and approval of plans, inspection, installation, removal, diversion, alteration or protection of any apparatus, retained apparatus or alternative apparatus and the reasonable costs of securing any rights which SEW requires (acting reasonably) in relation to the apparatus or alternative apparatus including to install, access, retain, replace, divert, alter and maintain that apparatus or alternative apparatus. Such repayment to be made within 42 days of receipt of a written demand from SEW.

• (2) The value of any apparatus removed by SEW or returned to SEW after removal by the undertaker is to be deducted from any sum payable under sub-paragraph (1), that value being calculated after removal by the undertaker (who will provide reasonable evidence of such value) and agreed between the undertaker and SEW or settled by arbitration in accordance with article 48 (arbitration)

• (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 alternative apparatus) is placed at a greater depth 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 SEW by virtue of sub-paragraph (1) is to be reduced by the amount of that excess, the amount of that excess being calculated by the undertaker (who will provide reasonable evidence of such amount) and agreed between the undertaker and SEW or settled by arbitration in accordance with article 48 (arbitration).

• (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 SEW 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 SEW 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, the amount being calculated by SEW (who will provide reasonable evidence of such amount) and agreed between the undertaker and SEW or settled by arbitration in accordance with article 48 (arbitration).

8

If any damage to any apparatus or any property containing apparatus is caused by, or results from, any work authorised by this Order or any act or omission of the undertaker, its contractors, agents or employees whilst engaged upon such work, the undertaker must make good such damage to the reasonable satisfaction of SEW and or make a payment of compensation to SEW including in such a compensation payment the cost of any fines or compensation SEW incurs due to any inability to carry out its statutory functions.

9

The undertaker must not in the exercise of the powers conferred by this Order permanently or for any longer than 7 consecutive days prevent pedestrian or vehicular access to any apparatus or alternative apparatus, unless preventing such access is with the consent of SEW.

For the benefit of the proposed Broad Oak Reservoir

10

In paragraphs 10 to 17 of this Part of this Schedule—

• “Broad Oak Reservoir” means a reservoir in the vicinity of the village of Broad Oak in Kent proposed by SEW;

• “Broad Oak Reservoir Construction Works” means works to be carried out by or on behalf of SEW for the construction of the Broad Oak Reservoir including without limitation works to construct the dam structure, to dig and flood the reservoir, all works required in connection with the Scheme for Habitat Creation and Management, access and egress on foot and with vehicles;

• “Broad Oak Reservoir Preparatory Works” means works to be carried out by or on behalf of SEW in connection with the construction of the Broad Oak Reservoir including without limitation the drilling of boreholes, the digging of test pits, the carrying out of geomorphological surveys, the digging of trenches, the creation of a river channel, the removal and planting of trees, woodlands, shrubs and other vegetation and access and egress on foot and with vehicles;

• “conductor” means a conductor or part of a conductor being part of any 400kV overhead electrical line forming part of the authorised development as shown on the design drawings;

• “pylon” means any pylon forming part of the authorised development and including its foundations and the safety clearance zone around it;

• “RCP safety requirements” means the requirement that climbable trees must remain 5.3 metres below the conductor and 5 metres away from the anti-climbing devices attached to the pylons and coppiced trees must remain 3.1 metres below the conductor and 5 metres away from the anti-climbing devices attached to the pylons, the 5 metre distance being such as not to assist unauthorised access above the anti-climbing devices attached to the pylons;

• “Scheme for Habitat Creation and Management” means a scheme for the creation of new habitat including the diversion of the Sarre Penn River, the creation of a fish pass and new habitat required to enable the construction of the Broad Oak Reservoir which scheme has been approved by the relevant planning authority;

• “SEW’s land” means Plot Numbers 356, 358, 359, 360, 361, 362, 363, 364, 365, 366, 368, 369, 370, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 386, 387, 388, 391, 392, 393 and 419.

11

Unless expressly provided otherwise in this Part, notwithstanding any provision in this Order, the undertaker shall not enter onto SEW’s land unless the undertaker has first given SEW at least 30 days’ written notice of a need to enter onto SEW’s land and the undertaker enters onto SEW’s land in accordance with such reasonable requirements made by SEW.

12

Notwithstanding any provision in this Order, the undertaker may not exercise the powers conferred by the Order in respect of SEW’s land in such a way that would prevent SEW from implementing the Scheme for Habitat Creation and Management or carrying out the Broad Oak Reservoir Preparatory Works, the Broad Oak Reservoir Construction Works or from operating the Broad Oak Reservoir within SEW’s land except where reasonably required in order to protect the integrity and safe operation of the authorised development.

13

If after giving SEW 21 days’ notice that it intends to enter SEW’s land to fell and lop trees and any other vegetation as necessary to ensure compliance with the RCP safety requirements, the undertaker may enter SEW’s land, provided that SEW has not itself undertaken the necessary works to ensure compliance with the RCP safety requirements, and that if the undertaker does exercise powers under the Order to carry out such lopping or felling it shall do so in accordance with SEW’s reasonable requirements and so as to cause as little disruption to planting and vegetation on SEW’s land as possible.

14

Notwithstanding any provision in this Order including the limits of deviation, no part of the authorised development comprising a conductor may be constructed or installed on or over any part of SEW’s land at a level which is more than 50 centimetres lower than the level of that conductor as shown on the design drawings.

15

Notwithstanding any provision in this Order including the limits of deviation, Pylons PC8 to PC10 must be sited within 5 metre tolerance of the positions shown in National Grid Drawing Ref PDD-21497-2-OHL-0434 Version B (REP8-021, Sheet 4L of 21), unless otherwise agreed in writing with SEW.

16

The undertaker at its own cost must within 18 months (unless otherwise agreed with SEW) of planning permission or other statutory consent being granted for the Broad Oak Reservoir, fit and thereafter maintain bird flight diverters to the overhead lines between Pylons PC7 to PC10, provided that a condition or requirement of any permission or consent or obligation under any relevant instrument within or connected to the planning permission or other statutory consent for the Broad Oak Reservoir confirms that the fitting of bird flight diverters is required.

17

The undertaker must, if requested in writing by SEW, inform SEW of any upcoming confirmed or likely planned outages of the conductor or conductors, giving SEW as much notice as reasonably practicable of such outages.

SCHEDULE 15 — AMENDMENT OF LOCAL LEGISLATION

PART 1 — LOCAL ENACTMENTS

Year	Chapter	Title	Section
1825	c. clxvi	Canterbury Navigation and Sandwich Harbour Act	CXIII (Obstructions of the navigation to be removed)
1825	c. clxvi	Canterbury Navigation and Sandwich Harbour Act	CXVII (Persons destroying the works to be deemed guilty of felony)
1825	c. clxvi	Canterbury Navigation and Sandwich Harbour Act	CXX (Punishment of persons damaging fences)
1836	c. lxxv	South-eastern Railway	LXII (No Shaft to be sunk under the Railway)
1845	c. cxcvii	South Eastern Railway Act	XXXI (1 & 2 Vict. c. 98, 3 & 4 Vict. c. 97, 5 & 6 Vict. c .55 and 7 & 8 Vict. c. 85 incorporated)
1924	c. lxvi	Southern Railway Act	3 (incorporation of Railway Clauses Consolidation Act 1845 and Part I and V Railways Clauses Act 1863)

PART 2 — BYELAWS

(1)	(2)
Title	Byelaws to be disapplied
River Stour (Kent) IDB Land Drainage Byelaws 1990	14. Vehicles not to be Driven on Banks 17. Fences, Excavations, Pipes etc 20. Damage to Property of the Board

Signed

Signed by authority of the Secretary of State for Business, Energy and Industrial Strategy

Giles Scott — Head of Energy Infrastructure Planning and Coal Liabilities — Department for Business, Energy and Industrial Strategy — 3rd August 2017

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order authorises National Grid undertake works to the national electricity transmission system between Richborough and Canterbury. The proposed development is required to provide sufficient transmission capacity to enable the connection of new electricity generation projects in the region including Nemo Link, and to carry out all associated works.

In order to accommodate these works, the Order also authorises UK Power Networks Operations Limited (referred to in this order as “UK Power Networks”), in addition to National Grid, to reconfigure the local electricity network (including the removal of the existing 132,000 volt overhead line between Richborough and Canterbury South substations).

The Order also makes provision in connection with the maintenance of the authorised development.

The Order permits National Grid to acquire compulsorily or by agreement, land and rights in land and to use land for this purpose and UK Power Networks to acquire compulsorily rights in land and to use the land in connection with the reconfiguration of the local electricity network.

A copy of the plans and book of reference referred to in this Order and certified in accordance with article 43 (certification of plans, etc.) of this Order may be inspected free of charge during working hours at the offices of National Grid Electricity Transmission plc, 1-3 Strand, London WC2N 5EH and Kent County Council, Sessions House, County Hall, Maidstone, ME14 1XQ.

Footnotes

Editorial notes