The Northampton Gateway Rail Freight Interchange Order 2019

• (a) the construction of that part of the M1 J13-16 Smart Motorway Project to be carried out within 1.5 kilometres of J15 (in a northerly and southerly direction) has not commenced and is not programmed to be commenced by Highways England by the expiry of a period of six months from the date upon which the undertaker wishes to commence Works No. 8; and

• (b) the undertaker so elects and serves notice of such election on Highways England, the local highway authority and the relevant planning authority.

8

• (1) The details of each component of the authorised development on the main site referred to in requirement 3 (components of development and phasing) must be in accordance with the parameters plan and the principles set out in the design and access statement. The design and access statement can be reviewed and updated by the undertaker in agreement, and in writing, with the relevant planning authority.

• (2) No component of the authorised development on the main site (excluding archaeological investigation, ecological mitigation works and geotechnical or ground contamination investigation) is to commence until the details of that component have been submitted to and approved in writing by the relevant planning authority (following consultation with Northampton Borough Council or any successor authority). The details of each component must include details of the following where they are located within that component—

• (a) rail infrastructure and rail terminal (being Works No.1 and 2);

• (b) embankments and bunds;

• (c) hard landscaping, cycle tracks, footpaths and bridleways;

• (d) surface and foul drainage;

• (e) bicycle, motorcycle and vehicle parking (including (i) the location and quantum of electrical charging points which are to comprise a minimum of 5% of total car parking spaces with passive provision provided for a further 15% of the total car parking spaces and (ii) the location of car parking spaces for those car sharing which are to be at least 8% of the total car parking spaces);

• (f) built development design and layout (including external materials, sustainable energy measures and sprinkler systems in accordance with BSEN;12845:2004 unless otherwise agreed in writing with the relevant planning authority);

• (g) location and quantum of bin stores;

• (h) site levels and finished floor levels;

• (i) estate roads;

• (j) weighbridges;

• (k) gatehouses;

• (l) height barrier at the entrance to the main site restricting HGV right turn movement (including operation and maintenance protocol);

• (m) in respect of the aggregates facility measures to provide for water suppression of stockpiles and wheel washing of vehicles;

• (n) permanent advertisements in the locations identified as S1 and S2 on the parameters plan;

• (o) any temporary means of enclosure;

• (p) any temporary site notices or advertisements;

• (q) fencing walls and other means of enclosure (including acoustic fencing) which must be a maximum height of 3 metres;

• (r) design of access points to public rights of way to deter any unauthorised use;

• (s) location of interpretation boards and litter bins;

• (t) substations; and

• (u) telecommunication masts.

9

The details in requirement 8(2)(a) to (u) can be subject to alteration by approval in writing from the relevant planning authority. The authorised development must be carried out in accordance with the details as approved in writing by the relevant planning authority from time to time.

10

• (1) No component of the authorised development on the main site which includes landscaping (excluding archaeological investigation, ecological mitigation works and geotechnical or ground contamination investigation) is to commence until a landscaping scheme for that component has been submitted to and approved in writing by the relevant planning authority (following consultation with Northampton Borough Council or any successor authority). The landscaping scheme must be carried out in accordance with the parameters plan and the landscape and ecological management plan and in accordance with the principles established in the illustrative landscape plan (main site) and must include details of all proposed soft landscaping works, including—

• (a) location, number, species, size, layout, method of trees’ support, plant protection measures and planting density of any proposed planting;

• (b) cultivation, importation of materials and other operations to ensure plant establishment;

• (c) details of existing trees to be retained, with measures for their protection during the construction period in accordance with British Standard 5837:2012, “Trees in relation to Design, Demolition and Construction Recommendations”, and to include a schedule of remedial tree works to be carried out in accordance with British Standard 3998:2010, “Tree Works Recommendations”, prior to construction commencing;

• (d) details of ecological mitigation; and

• (e) implementation timetable.

11

• (1) The authorised development must be carried out in accordance with the landscape and ecological management plan. The management plan may be subject to alteration by agreement in writing by the relevant planning authority.

• (2) The ongoing management and maintenance of the green infrastructure (as described in the landscape and ecological management plan) following its completion must be agreed in writing with the relevant planning authority prior to the occupation of any warehouse, such management and maintenance must be in accordance with the principles set out in the landscape and ecological management plan and must be carried out as approved.

• (3) Any ecological works carried out under the landscape and ecological management plan must be supervised by a suitably qualified person or body.

12

• (1) No part of the authorised development is to commence, including any preparatory earthworks or site levelling but excluding archaeological investigation, ecological mitigation works and geotechnical or ground contamination investigation, until a phase-specific construction environmental management plan (“P-CEMP”) for that part of the authorised development, drafted in accordance with the principles set out in the construction environmental management plan, and, insofar as on-site construction plant are concerned, having regard to the principles in “The Institute of Air Quality Management guidance on assessing dust emissions”, current from time to time, has been submitted to and approved in writing by the relevant planning authority (following consultation with Northampton Borough Council or any successor authority) or the relevant highway authority where the P-CEMP relates to the highway works.

• (2) Each P-CEMP is to be reviewed and updated if necessary to address unacceptable impacts arising from construction works. Each P-CEMP (and revision) must be submitted by the undertaker for approval in writing by the relevant planning authority or the relevant highway authority where the P-CEMP (or revision) relates to the highway works. All construction works must be carried out in accordance with the relevant P-CEMP (as revised) as approved.

13

No component of the authorised development on the main site (excluding archaeological investigation, ecological mitigation works and geotechnical or ground contamination investigation) is to commence until details of—

• (a) an earthworks strategy including the management and protection of soils;

• (b) an earthworks specification;

• (c) cutting slopes and embankment design that would accord with the approved earthworks specification;

• (d) the extent of any material to be temporarily stored within the main site; and

• (e) any surplus material to be removed from the main site for disposal or material to be imported to the main site,

have been approved in advance and in writing by the relevant planning authority. The details can be subject to alteration with the approval in writing of the relevant planning authority. All earthworks must be carried out in accordance with the details as approved.

14

• (1) No part of the authorised development is to commence (with the exception of Works No. 8(2)(a) and (b)) until the undertaker has commissioned a programme of further exploratory archaeological investigation to identify areas which should be excavated and archaeological remains recorded which has been submitted to and approved in writing by the relevant planning authority. The exploratory investigation must be carried out in accordance with the approved programme and must be timed so that the results can inform the scope of the further archaeological mitigation measures, referred to in sub-paragraph (2).

• (2) No part of the authorised development is to commence until a programme of archaeological mitigation measures informed by the exploratory investigations referred to in sub-paragraph (1) and by earlier phases of investigation has been implemented in accordance with a written scheme of mitigation measures which has been approved in writing by the relevant planning authority. The written scheme of mitigation measures must include and make provision for the following elements—

• (a) mitigation fieldwork;

• (b) post-mitigation fieldwork and analysis;

• (c) reporting and dissemination of findings; and

• (d) preparation of site archive, arrangements for deposition and sustainable management at a store approved in writing by the relevant planning authority.

• (3) The approved mitigation measures must be carried out in accordance with the written scheme of mitigation measures.

• (4) No part of the authorised development on the main site (including demolition works) is to commence until a full Level 2 record of the buildings on the main site to be demolished has been undertaken. The record must be carried out in accordance with a written specification first agreed with the relevant planning authority and prepared by a competent building recorder in accordance with Historic England Understanding Historic Buildings, A Guide to Good Recording Practice, 2016 (as amended from time to time) and must be submitted to the relevant planning authority prior to the commencement of any part of the authorised development on the main site.

15

• (1) Prior to the commencement of each component of the authorised development on the main site which includes permanent lighting, details of the proposed permanent external lighting in that component must be submitted to and approved in writing by the relevant planning authority (following consultation with Northampton Borough Council or any successor authority). The lighting details must accord with the principles established in the lighting strategy.

• (2) The approved lighting scheme must be implemented and maintained as approved in writing by the relevant planning authority during operation of the authorised development and no external lighting other than that approved under this requirement may be installed. The details can be subject to alteration with the approval in writing of the relevant planning authority.

• (3) The details submitted under this requirement must include details of any lighting on any gantry cranes included in the component concerned.

16

• (1) No construction of a warehouse must start until a BREEAM Pre-Assessment Report based upon the BREEAM 2018 method (or equivalent) has been submitted to and approved in writing by the relevant planning authority demonstrating that the warehouse concerned is expected to achieve at least a BREEAM 2018 “Very Good” rating (BREEAM Industrial 2008 “Excellent”).

• (2) The construction of each of the warehouses must be carried out in accordance with the details in the BREEAM Pre-Assessment Report (or equivalent) for that warehouse and a certificate must be provided to the relevant planning authority within three months of completion or occupation (whichever is the sooner) of each warehouse confirming that the measures in respect of that warehouse committed to within the Pre-Assessment Report have been implemented.

• (3) The authorised development must comply with the principles set out in the sustainability statement.

17

The authorised development must be carried out in accordance with the mitigation measures detailed within the flood risk assessment and the water framework directive assessment, or be carried out in accordance with any variation to these measures agreed in writing with the Environment Agency, the lead local flood authority or the approving body under Schedule 3 (sustainable drainage) to the Flood and Water Management Act 2010[^f00075], whichever of these is the body having jurisdiction over the watercourse in question.

18

• (1) No component of the authorised development on the main site (excluding archaeological investigation, ecological mitigation works and geotechnical or ground contamination investigation) must commence until a surface water drainage scheme for that component based on sustainable drainage principles has been submitted to and approved in writing by the lead local flood authority. The scheme must be in accordance with the sustainable drainage statement and must be informed by additional infiltration testing in accordance with BRE standard 365 “Soakaway design”, the extent of which is to be approved in advance by the lead local flood authority, the aim of which is to identify the maximum extent of reliance upon infiltration in accordance with the drainage hierarchy set out in the sustainable drainage strategy.

• (2) The surface water drainage scheme must be implemented in accordance with the details approved by the lead local flood authority or in accordance with any variations to those details agreed in writing by the lead local flood authority.

19

Any element of the authorised development which directly affects any floodplain must not be commenced until such time as a floodplain compensation scheme has been submitted to and approved in writing by the relevant planning authority. The scheme must accord with the principles established in the flood compensation measures set out in the flood risk assessment. Except for the floodplain compensation scheme itself, no above-ground part of the authorised development in any floodplain may be commenced until the relevant compensation scheme has been implemented in full. The scheme must be fully implemented and subsequently maintained in accordance with the timing and phasing arrangements embodied within the scheme or within any other period as may subsequently be agreed in writing by the relevant planning authority.

20

• (1) Prior to the commencement of the authorised development on the main site, excluding earthworks, archaeological investigation or ecological mitigation works, a foul water drainage strategy must be submitted to and approved in writing by the relevant planning authority. Except where it is constructed in accordance with the approved foul water drainage strategy, no component of the authorised development is to commence until written details of the foul water drainage system for that component have been submitted to and approved in writing by the relevant planning authority. Such details must be implemented as approved by the relevant planning authority.

• (2) Works No. 10 must be completed prior to the occupation of the first warehouse to be occupied.

21

• (1) Subject to sub-paragraph (2), construction and demolition works on the main site (which for the purposes of this requirement excludes archaeological investigations and any non-intrusive internal fit-out works but does include start up and shut down and deliveries) must not take place other than between 07:00 and 19:00 hours on weekdays and 07:00 and 16:00 hours on Saturdays and not at all on Sundays nor on public holidays, unless otherwise agreed in writing by the relevant planning authority. Outside the above periods the following working is permitted—

• (a) pre-planned construction works to highway or rail infrastructure requiring possessions where first notified to the relevant planning authority and local residents;

• (b) emergency works; and

• (c) works which do not give rise to noise or vibration which cause an adverse impact at the boundary of the main site.

• (2) Regardless of sub-paragraph (1), no piling operations are to take place before 08:00 and after 18:00 hours on weekdays or before 08:00 and after 13:00 on Saturdays, and not at all on Sundays nor on public holidays, unless otherwise agreed in writing by the relevant planning authority.

• (3) Any emergency works carried out under sub-paragraph (1)(b) must be notified to the relevant planning authority within 72 hours of their commencement.

22

The management of construction noise must be carried out in accordance with the relevant phase-specific construction environmental management plan. If required by the relevant planning authority, consents under section 61 of the Control of Pollution Act 1974[^f00076] are to be sought for the works or specific phases of the works.

23

• (1) Prior to installation, details of all mechanical and ventilation plant and any other noise-making machinery, or mobile plant (including HGV chiller units) that is intended to be used on any of the warehouses or other buildings within the main site, must be submitted to and approved in writing by the relevant planning authority. This will include an assessment of the expected noise impact at relevant receptors using a methodology first approved in writing by the relevant planning authority. The assessment will consider noise from the proposed plant and machinery to demonstrate compliance with government and local policy on noise. Any fixed plant or ventilation equipment must be installed and operated in accordance with manufacturers’ instructions at all times.

• (2) The undertaker must during the course of 2032 carry out a scheme of monitoring of the operational railway noise arising from the use of the authorised development. The scheme of monitoring must first be approved by the relevant planning authority and be designed to establish whether there is a significant adverse effect (as defined in paragraph 8.3.32 of Chapter 8 of the environmental statement) at any residential property arising from night-time maximum levels. In the event of there being significant adverse effects as a result of the use of the authorised development the undertaker must agree with the relevant planning authority a noise insulation scheme for the properties concerned, based on the principles of the 1996 Regulations, and must implement the agreed scheme in accordance with a timetable agreed with the relevant planning authority.

• (3) In the event that between 2032 and 2042 there is an increase in the number of train movements at night arising from the use of the authorised development the undertaker must during the course of 2042 carry out a scheme of monitoring of the operational railway noise arising from the use of the authorised development. The scheme of monitoring must first be approved by the relevant planning authority and be designed to establish whether there is a significant adverse effect (as defined in paragraph 8.3.32 of chapter 8 of the environmental statement) at any residential property arising from night-time maximum levels. In the event of there being significant adverse effects as a result of the use of the authorised development the undertaker must agree with the relevant planning authority a noise insulation scheme for the properties concerned, based on the principles of the 1996 Regulations, and must implement the agreed scheme in accordance with a timetable agreed with the relevant planning authority.

24

In the event that complaints regarding alleged noise nuisance are received by the relevant planning authority during the construction and operational phase, the undertaker must, unless otherwise agreed in writing with the relevant planning authority, at its own expense, employ a consultant approved by the relevant planning authority to carry out an assessment of the noise which is the subject of the complaint. The assessment must be carried out according to an appropriate methodology agreed with the relevant planning authority and the results of the assessment must be submitted to the relevant planning authority within 28 days of the assessment being completed. If it is found that the effect of noise from the authorised development is greater than was anticipated, recommendations for appropriate remedial measures must be made.

25

• (1) None of the authorised development is to commence on any specifically identified localised areas of land within the Order limits potentially affected by contamination as identified within the desk study contained within chapter 6 of the environmental statement until further investigations and a risk based land contamination assessment (geo-environmental interpretative report) has been undertaken in line with the recommendations made within the desk study for that localised area of the Order limits and this has been submitted to and approved in writing by the relevant planning authority. The risk based land contamination assessment must be carried out in accordance with the Environment Agency’s Land Contamination: Risk Management manual (“the LCRM”).

• (2) Should any unacceptable risks be identified in the risk based land contamination assessment, a remediation strategy scheme also detailing a proposed verification works plan must be prepared and submitted to and agreed in writing by the relevant planning authority. The remedial scheme must be prepared in accordance with the requirements of the LCRM. The verification plan must be prepared in accordance with the requirements of—

• (a) Evidence Report on the Verification of Remediation of Land Contamination Report SC030114/R1, published by the Environment Agency 2010; and

• (b) the LCRM.

• (3) If, during the course of construction, previously unidentified contamination is discovered, construction must cease on that localised area of land within the Order limits and the contamination must be reported in writing to the relevant planning authority within 10 working days. Prior to the recommencement of construction on that localised area of land within the Order limits, suitable investigation and risk based land contamination assessment for the discovered contamination (to include any required amendments to the remedial scheme and verification plan) must be submitted to and approved in writing by the relevant planning authority. The authorised development must then be implemented in accordance with the details approved by the relevant planning authority and, unless otherwise agreed in writing by the relevant planning authority, retained as such in perpetuity.

26

• (1) Prior to the use of any part of the completed authorised development—

• (a) if no remediation scheme or verification was required under requirement 25 (contamination risk) a statement from the undertaker, or their approved agent, must be provided to the relevant planning authority, stating that no previously unidentified contamination was discovered during the course of construction of that part of the completed authorised development; or

• (b) if a remediation scheme and verification plan were agreed under requirement 25 for the relevant part of the completed authorised development, a verification investigation must be undertaken in line with the agreed verification plan for any works outlined in the remedial scheme and a report showing the findings of the verification investigation relevant to that part of the authorised development must be submitted to and approved in writing by the relevant planning authority.

• (2) The verification investigation report must—

• (a) contain a full description of the works undertaken in accordance with the agreed remedial scheme and verification plan;

• (b) contain results of any additional monitoring or testing carried out between the submission of the remedial scheme and the completion of remediation works;

• (c) contain movement permits for all materials taken to and from the land within the Order limits and a copy of the completed site waste management plan if one was required;

• (d) contain test certificates of imported material to show that it is suitable for its proposed use;

• (e) demonstrate the effectiveness of the approved remedial scheme; and

• (f) include a statement signed by the undertaker, or the approved agent, confirming that all the works specified in the remedial scheme have been completed.

27

No component of the authorised development on the main site may be brought into use until a scheme for waste management for that component has been submitted to and approved in writing by the relevant planning authority. The scheme, which must be in accordance with the framework site waste management strategy, may be amended by agreement with the relevant planning authority. The approved schemes must be implemented and maintained for the duration of the operation of that component of the authorised development.

28

• (1) Prior to the commencement of the construction of any part of the authorised development an employment scheme in respect of employees to be involved in the construction of that part of the authorised development must be submitted to and approved in writing by the relevant planning authority.

• (2) Prior to the occupation of the first warehouse to be occupied, and any subsequent change in occupation of any warehouse, an employment scheme, in respect of employees to be employed in that warehouse, must be submitted to and approved in writing by the relevant planning authority.

• (3) The approved employment schemes in respect of employees to be involved in construction of the authorised development and in each warehouse must be implemented and complied with at all times.

29

• (1) Prior to the commencement of the authorised development the undertaker must establish a community liaison group to facilitate liaison between various bodies in relation to the construction and operation of the authorised development.

• (2) The following parties must be provided with the opportunity to participate in the community liaison group—

• (a) the undertaker;

• (b) the relevant planning authorities;

• (c) the relevant highway authorities;

• (d) representatives from Roade Parish Council, Blisworth Parish Council, Milton Malsor Parish Council and Collingtree Parish Council; and

• (e) any other stakeholder that the relevant planning authorities wish to be included.

• (3) The community liaison group must be administered by the undertaker, and operated, in accordance with a protocol agreed with the relevant planning authorities prior to the commencement of the authorised development.

• (4) The community liaison group is to continue to meet until the expiry of five years from full occupation of the authorised development unless otherwise agreed with the relevant planning authorities.

30

Upon the coming into force of the Rail Central Order, the undertaker must allow the Rail Central footpath connections to be made by the Rail Central undertaker in conjunction with the carrying out of the Rail Central development in accordance with a timetable agreed with the relevant planning authority in consultation with the Rail Central undertaker, the objective of such timetable to be to allow the timely provision of the Rail Central footpath connections consistent with the minimisation of any disruption to the construction or operation of the authorised development or development authorised by the Rail Central Order.

31

The undertaker must give Highways England and the local highway authority nine months’ prior notice in writing of the commencement of Works No. 11 and if within the period of three months following the service of that notice Highways England and the local highway authority both notify the undertaker that Works No. 11 is not to be carried out due to the works authorised by the Rail Central Order being considered sufficient by Highways England and the local highway authority to mitigate the impacts of both the Rail Central development and the authorised development then there will thereafter be no requirement to carry out the works comprising Works No. 11 and the entries in respect of Works No. 11 in the table in requirement 6 (design and phasing of highway works) will no longer have effect.

32

If the Rail Central Order comes into force prior to the approval of the details of works comprised in Works No. 1(1)(d) under requirement 8 (detailed design approval), the relevant planning authority, after consultation with Network Rail, will only approve the details if satisfied that the works are compatible with the Rail Central development (meaning that the works do not prevent the construction of a new railway line from the Rail Central development to connect with the existing Northampton Loop railway line).

1

• (1) Where an application has been made to a discharging authority for any consent, agreement or approval required or contemplated under the requirements the discharging authority must give notice to the undertaker of its decision on the application before the end of the decision period.

• (2) For the purposes of sub-paragraph (1), the decision period is—

• (a) where no further information is requested under paragraph 2 of this Part of this Schedule, eight weeks from the day immediately following that on which the application is received by the discharging authority;

• (b) where further information is requested under paragraph 2 of this Part of this Schedule, eight weeks from the day immediately following that on which the further information has been supplied by the undertaker under paragraph 2; or

• (c) such longer period as may be agreed by the undertaker and the discharging authority in writing before the end of the period in paragraph (a) or (b).

2

• (1) In relation to any application to which this Schedule applies, the discharging authority has the right to request such further information from the undertaker as is necessary to enable it to consider the application.

• (2) If the discharging authority considers such further information to be necessary it must, within 20 working days of receipt of the application, notify the undertaker in writing specifying the further information required.

• (3) If the discharging authority does not give such notification as specified in sub-paragraph (2) it is to be deemed to have sufficient information to consider the application and is not subsequently entitled to request further information without the prior agreement of the undertaker.

3

• (1) Where an application is made to the discharging authority for written consent, agreement or approval in respect of a requirement, a fee calculated in accordance with the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012[^f00077], as though the application were a reserved matter application, is to be paid to that authority.

• (2) Any fee paid under this Schedule must be refunded to the undertaker within 42 days of—

• (a) the application being rejected as invalidly made; or

• (b) the discharging authority failing to determine the application within the decision period as determined under paragraph 1 of this Part of this Schedule, unless within that period the undertaker agrees, in writing, that the fee is to be retained by the discharging authority and credited in respect of a future application.

4

• (1) The undertaker may appeal in the event that—

• (a) the discharging authority refuses an application for any consent, agreement or approval required or contemplated under the requirements, or grants it subject to conditions;

• (b) the discharging authority does not give notice of its decision to the undertaker within the decision period specified in paragraph 1 of this Part of this Schedule;

• (c) on receipt of a request for further information under paragraph 2 of this Part of this Schedule the undertaker considers that either the whole or part of the specified information requested by the discharging authority is not necessary for consideration of the application; or

• (d) on receipt of any further information requested, the discharging authority notifies the undertaker that the information provided is inadequate and requests additional information which the undertaker considers is not necessary for consideration of the application.

• (2) The appeal process is as follows—

• (a) any appeal by the undertaker must be made within 42 days of the date of the notice of the decision or determination, or (where no determination has been made) expiry of the decision period as determined under paragraph 1 of this Part of this Schedule;

• (b) the undertaker must submit the appeal documentation to the Secretary of State and must within 7 working days provide copies of the appeal documentation to the discharging authority and the requirement consultees;

• (c) as soon as is practicable after receiving the appeal documentation, the Secretary of State must appoint a person to determine the appeal (“the appointed person”)[^f00078] and must notify the appeal parties of the identity of the appointed person and the address to which all correspondence for that person’s attention should be sent;

• (d) the discharging authority and the requirement consultees must submit written representations to the appointed person in respect of the appeal within 20 working days of the date on which the appeal parties are notified of the appointment of a person under paragraph (c) and must ensure that copies of their written representations are sent to each other and to the undertaker on the day on which they are submitted to the appointed person;

• (e) the appeal parties are to make any counter-submissions to the appointed person within 20 working days of receipt of written representations under paragraph (d)

• (3) The appointed person must make a decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable.

• (4) The appointment of the person pursuant to paragraph (c) may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State.

• (5) If the appointed person considers that further information is necessary to enable consideration of the appeal the appointed person must, as soon as practicable, notify the appeal parties in writing specifying the further information required, the appeal party from whom the information is sought, and the date by which the information is to be submitted.

• (6) Any further information required under sub-paragraph (5) is to be provided by the party from whom the information is sought to the appointed person and to other appeal parties by the date specified by the appointed person. Any written representations concerning matters contained in the further information must be submitted to the appointed person, and made available to all appeal parties within 10 working days of that date.

• (7) On an appeal under this paragraph, the appointed person must—

• (a) allow or dismiss the appeal; or

• (b) reverse or vary any part of the decision of the discharging authority (whether the appeal relates to that part of it or not),

and may deal with the application as if it had been made to the appointed person in the first instance.

• (8) The appointed person must proceed to a decision on an appeal taking into account only such written representations as have been sent within the prescribed time limits, or time limits set by the appointed person under this paragraph.

• (9) The appointed person must proceed to a decision even though no written representations have been made within the prescribed time limits.

• (10) The decision of the appointed person on an appeal is to be final and binding on the appeal parties, and a court may entertain proceedings for questioning the decision only if the proceedings are brought by a claim for judicial review.

• (11) If an approval is given by the appointed person under this Schedule, it is deemed to be an approval for the purpose of any consent, agreement or approval required under the requirement as if it had been given by the discharging authority. The discharging authority may confirm any determination given by the appointed person in identical form in writing but a failure to give such confirmation (or a failure to give it in identical form) is not to be taken to affect or invalidate the effect of the appointed person’s determination.

• (12) Except where a direction is given under sub-paragraph (13) requiring the costs of the appointed person to be paid by the discharging authority, the reasonable costs of the appointed person are to be met by the undertaker[^f00079].

• (13) On application by the discharging authority or the undertaker, the appointed person may give directions as to the costs of the appeal parties and as to the parties by whom the costs of the appeal are to be paid. In considering whether to make any such direction and the terms on which it is to be made, the appointed person must have regard to the Planning Practice Guidance published by the Department for Communities and Local Government on 6th March 2014 or any circular or guidance which may from time to time replace it.

5

In this Part of this Schedule—

• “appeal documentation” means the application submitted to the discharging authority, any further information submitted under paragraph 2 of this Part of this Schedule and any notice of a decision to refuse;

• “appeal parties” means the discharging authority, the undertaker and any requirement consultees;

• “discharging authority” means the authority from whom a consent, approval or agreement is required or requested by the undertaker under the requirement concerned;

• “requirement consultee” means any body named in a requirement which is the subject of an appeal as a body to be consulted by the discharging authority in discharging that requirement; and

• “working day” means a day other than Saturday or Sunday, Christmas Day, Good Friday or a bank holiday in England and Wales under section 1 (bank holidays) of the Banking and Financial Dealings Act 1971[^f00080].

1

The provisions of this Part of this Schedule have effect, unless otherwise agreed in writing between the undertaker and Network Rail and, in the case of paragraph 15 of this Part of this Schedule, any other person on whom rights or obligations are conferred by that paragraph.

2

In this Part of this Schedule—

• “construction” includes execution, placing, alteration and reconstruction, and “construct” and “constructed” are to be construed accordingly;

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

• “network licence” means the network licence, as the same is amended from time to time, granted to Network Rail Infrastructure Limited by the Secretary of State in exercise of powers under section 8 (licences) of the Railways Act l993[^f00088];

• “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 (meaning of “subsidiary” etc.) of the Companies Act 2006[^f00089]) 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 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) or station lease;

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

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

• “working day” means a day other than Saturday or Sunday, Christmas Day, Good Friday or a bank holiday in England and Wales under section 1 (bank holidays) of the Banking and Financial Dealings Act 1971[^f00090].

3

• (1) Where under this Part of this Schedule 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 their reasonable endeavours to avoid any conflict arising between the application of those procedures and the proper implementation of the authorised works pursuant to this Order.

4

• (1) The undertaker must not exercise the powers conferred by—

• (a) article 5 (authorisation of use);

• (b) article 6 (maintenance of the authorised development);

• (c) article 12 (public rights of way – creation, substitution and stopping up);

• (d) article 13 (accesses);

• (e) article 22 (authority to survey and investigate the land);

• (f) article 24 (compulsory acquisition of land);

• (g) article 25 (compulsory acquisition of rights);

• (h) article 26 (private rights);

• (i) article 27 (power to override easements and other rights);

• (j) article 32 (statutory undertakers and operators of the electronic communications code network);

• (k) article 34 (temporary use of land for carrying out the authorised development);

• (l) article 35 (temporary use of land for maintaining the authorised development);

• (m) article 38 (operation and use of railways);

• (n) article 42 (felling or lopping of trees and removal of hedgerows),

or the powers conferred by section 11(3) (powers of entry) of the 1965 Act in respect of any railway property unless the exercise of such powers is with the consent of Network Rail.

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

• (3) The undertaker must not exercise the powers conferred by sections 271 or 272[^f00091] of the 1990 Act or, article 32, in relation to any right of access of Network Rail to railway property, but such right of access may be diverted with the consent of Network Rail.

• (4) The undertaker must not under the powers conferred by this Order acquire or use or acquire new rights over any railway property except with the consent Network Rail.

• (5) Where Network Rail is asked to give its consent pursuant to this paragraph, such consent must not be unreasonably withheld but may be given subject to reasonable conditions.

5

• (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 in accordance with paragraph 22 of this Part of this Schedule.

• (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 his or her disapproval of those plans and the grounds of such 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. If by the expiry of the further 28 days 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 without unnecessary delay 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.

• (4) When signifying his or her approval of the plans the engineer may specify any protective works (whether temporary or permanent) which in the engineer’s opinion should be carried out before the commencement of the construction of a specified work to ensure the safety or stability of railway property or the continuation of safe and efficient operation of the railways of Network Rail or the services of operators using the same (including any relocation de-commissioning and removal of works, apparatus and equipment necessitated by a specified work and the comfort and safety of passengers who may be affected by the specified works), and such protective works as may be reasonably necessary for those purposes must be constructed by Network Rail or by the undertaker, if Network Rail so desires, and such protective works must be carried out at the expense of the undertaker in either case without unnecessary delay and the undertaker must not commence the construction of the specified works until the engineer has notified the undertaker that the protective works have been completed to his or her reasonable satisfaction.

6

• (1) Any specified work and any protective works to be constructed by virtue of paragraph 5(4) of this Part of this Schedule must, when commenced, be constructed—

• (a) without unnecessary delay in accordance with the plans approved or deemed to have been approved or settled under paragraph 5;

• (b) under the supervision (where appropriate and if given) and to the reasonable satisfaction of the engineer;

• (c) in such manner as to cause as little damage as is possible to railway property; and

• (d) so far as is reasonably practicable, so as not to interfere with or obstruct the free, uninterrupted and safe use of any railway of Network Rail or the traffic thereon and the use by passengers of railway property.

• (2) If any damage to railway property or any such interference or obstruction is caused by the carrying out of, or in consequence of the construction of a specified work, the undertaker must, notwithstanding any such approval, make good such damage and must pay to Network Rail all reasonable expenses to which Network Rail may be put and compensation for any loss which it may sustain by reason of any such damage, interference or obstruction.

• (3) Nothing in this Part of this Schedule imposes any liability on the undertaker with respect to any damage, costs, expenses or loss attributable to the negligence of Network Rail or its servants, contractors or agents or any liability on Network Rail with respect of any damage, costs, expenses or loss attributable to the negligence of the undertaker or its servants, contractors or agents.

7

The undertaker must—

• (a) at all times afford reasonable facilities to the engineer for access to a specified work during its construction; and

• (b) supply the engineer with all such information as he or she may reasonably require with regard to a specified work or the method of constructing it.

8

Network Rail must at all times afford reasonable facilities to the undertaker and its agents for access to any works carried out by Network Rail under this Part of this Schedule during their construction and must supply the undertaker with such information as it may reasonably require with regard to such works or the method of constructing them.

9

• (1) If any permanent or temporary alterations or additions to railway property, are reasonably necessary in consequence of the construction of a specified work, or during a period of 24 months after the completion of that work in order to ensure the safety of railway property or the continued safe operation of the railway of Network Rail, such alterations and additions may be carried out by Network Rail and if Network Rail gives to the undertaker reasonable notice of its intention to carry out such alterations or additions (which must be specified in the notice), the undertaker must pay to Network Rail the reasonable cost of those alterations or additions including, in respect of any such alterations and additions as are to be permanent, a capitalised sum representing the increase of the costs which may be expected to be reasonably incurred by Network Rail in maintaining, working and, when necessary, renewing any such alterations or additions.

• (2) If during the construction of a specified work by the undertaker, Network Rail gives notice to the undertaker that Network Rail desires itself to construct that part of the specified work which in the opinion of the engineer is endangering the stability of railway property or the safe operation of traffic on the railways of Network Rail then, if the undertaker decides that part of the specified work is to be constructed, Network Rail must assume construction of that part of the specified work and the undertaker must, notwithstanding any such approval of a specified work under paragraph 5(3) of this Part of this Schedule, pay to Network Rail all reasonable expenses to which Network Rail may be put and compensation for any loss which it may suffer by reason of the execution by Network Rail of that specified work.

• (3) The engineer must, in respect of the capitalised sums referred to in this paragraph and paragraph 10(a) of this Part of this Schedule provide such details of the formula by which those sums have been calculated as the undertaker may reasonably require.

• (4) If the cost of maintaining, working or renewing railway property is reduced in consequence of any such alterations or additions a capitalised sum representing such saving must be set off against any sum payable by the undertaker to Network Rail under this paragraph.

10

The undertaker must repay to Network Rail all reasonable fees, costs, charges and expenses reasonably incurred by Network Rail—

• (a) in constructing any part of a specified work on behalf of the undertaker as provided by paragraph 5(3) of this Part of this Schedule or in constructing any protective works under the provisions of paragraph 5(4) of this Part of this Schedule including, in respect of any permanent protective works, a capitalised sum representing the cost of maintaining and renewing those works;

• (b) in respect of the approval by the engineer of plans submitted by the undertaker and the supervision by the engineer of the construction of a specified work;

• (c) in respect of the employment or procurement of the services of any inspectors, signallers, watch-persons and other persons whom it is reasonably necessary to appoint for inspecting, signalling, watching and lighting railway property and for preventing, so far as may be reasonably practicable, interference, obstruction, danger or accident arising from the construction or failure of a specified work;

• (d) in respect of any special traffic working resulting from any speed restrictions which may, in the opinion of the engineer, require to be imposed by reason or in consequence of the construction or failure of a specified work or from the substitution or diversion of services which may be reasonably necessary for the same reason; and

• (e) in respect of any additional temporary lighting of railway property in the vicinity of the specified works, being lighting made reasonably necessary by reason or in consequence of the construction or failure of a specified work.

11

• (1) In this paragraph—

• “EMI” means, subject to sub-paragraph (2), electromagnetic interference with Network Rail apparatus generated by the operation of the authorised works where such interference is of a level which adversely affects the safe operation of Network Rail’s apparatus; and

• “Network Rail’s apparatus” means any lines, circuits, wires, apparatus or equipment (whether or not modified or installed as part of the authorised works) which are owned or used by Network Rail for the purpose of transmitting or receiving electrical energy or of radio, telegraphic, telephonic, electric, electronic or other like means of signalling or other communications.

• (2) This paragraph applies to EMI only to the extent that such EMI is not attributable to any change to Network Rail’s apparatus carried out after approval of plans under paragraph 5(1) of this Part of this Schedule for the relevant part of the authorised works giving rise to EMI (unless the undertaker has been given notice in writing before the approval of those plans of the intention to make such change).

• (3) Subject to sub-paragraph (5), the undertaker must in the design and construction of the authorised works take all measures necessary to prevent EMI and must establish with Network Rail (both parties acting reasonably) appropriate arrangements to verify their effectiveness.

• (4) In order to facilitate the undertaker’s compliance with sub-paragraph (3)—

• (a) the undertaker must consult with Network Rail as early as reasonably practicable to identify all Network Rail’s apparatus which may be at risk of EMI, and thereafter must continue to consult with Network Rail (both before and after formal submission of plans under paragraph 5(1)) of this Part of this Schedule in order to identify all potential causes of EMI and the measures required to eliminate them;

• (b) Network Rail must make available to the undertaker all information in the possession of Network Rail reasonably requested by the undertaker in respect of Network Rail’s apparatus identified pursuant to sub-paragraph (a); and

• (c) Network Rail must allow the undertaker reasonable facilities for the inspection of Network Rail’s apparatus identified pursuant to sub-paragraph (a).

• (5) In any case where it is established that EMI can only reasonably be prevented by modifications to Network Rail’s apparatus, Network Rail must not withhold its consent unreasonably to modifications of Network Rail’s apparatus, but the means of prevention and the method of their execution must be selected in the reasonable discretion of Network Rail, and in relation to such modifications paragraph 5(1) of this Part of this Schedule have effect subject to this sub-paragraph.

• (6) If at any time prior to the commencement of regular revenue-earning operations on the authorised railway comprised in the authorised works and notwithstanding any measures adopted pursuant to sub-paragraph (3), the testing or commissioning of the authorised works causes EMI then the undertaker must immediately upon receipt of notification by Network Rail of such EMI either in writing or communicated orally (such oral communication to be confirmed in writing as soon as reasonably practicable after it has been issued) forthwith cease to use (or procure the cessation of use of) the undertaker’s apparatus causing such EMI until all measures necessary have been taken to remedy such EMI by way of modification to the source of such EMI or (in the circumstances, and subject to the consent, specified in sub-paragraph (5)) to Network Rail’s apparatus.

• (7) In the event of EMI having occurred—

• (a) the undertaker must afford reasonable facilities to Network Rail for access to the undertaker’s apparatus in the investigation of such EMI;

• (b) Network Rail must afford reasonable facilities to the undertaker for access to Network Rail’s apparatus in the investigation of such EMI; and

• (c) Network Rail must make available to the undertaker any additional material information in its possession reasonably requested by the undertaker in respect of Network Rail’s apparatus or such EMI.

• (8) Where Network Rail approves modifications to Network Rail’s apparatus pursuant to sub-paragraphs (5) or (6)—

• (a) Network Rail must allow the undertaker reasonable facilities for the inspection of the relevant part of Network Rail’s apparatus; and

• (b) such modifications must be carried out and completed by the undertaker in accordance with paragraph 6 of this Part of this Schedule.

• (9) To the extent that it would not otherwise do so, the indemnity in paragraph 15(1) of this Part of this Schedule applies to the costs and expenses reasonably incurred or losses suffered by Network Rail through the implementation of the provisions of this paragraph (including costs incurred in connection with the consideration of proposals, approval of plans, supervision and inspection of works and facilitating access to Network Rail’s apparatus) or in consequence of any EMI to which sub-paragraph (6) applies.

• (10) For the purpose of paragraph 10(a) of this Part of this Schedule any modifications to Network Rail’s apparatus under this paragraph are deemed to be protective works referred to in that paragraph.

12

If at any time after the completion of a specified work, not being a work vested in Network Rail, Network Rail gives notice to the undertaker informing it that the state of maintenance of any part of the specified work appears to be such as adversely affects the operation of railway property, the undertaker must, on receipt of such notice, take such steps as may be reasonably necessary to put that specified work in such state of maintenance as not adversely to affect railway property.

13

The undertaker must not provide any illumination or illuminated sign or signal on or in connection with a specified work in the vicinity of any railway belonging to Network Rail unless it has first consulted Network Rail and it must comply with Network Rail’s reasonable requirements for preventing confusion between such illumination or illuminated sign or signal and any railway signal or other light used for controlling, directing or securing the safety of traffic on the railway.

14

Any additional expenses which Network Rail may reasonably incur in altering, reconstructing or maintaining railway property under any powers existing at the making of this Order by reason of the existence of a specified work must, provided that 56 days’ previous notice of the commencement of such alteration, reconstruction or maintenance has been given to the undertaker, be repaid by the undertaker to Network Rail.

15

• (1) The undertaker must pay to Network Rail all reasonable costs, charges, damages and expenses not otherwise provided for in this Part of this Schedule which may be occasioned to or reasonably incurred by Network Rail—

• (a) by reason of the construction or maintenance of a specified work or the failure thereof or

• (b) by reason of any act or omission of the undertaker or of any person in its employ or of its contractors or others whilst engaged upon a specified work;

and the undertaker must indemnify and keep indemnified Network Rail from and against all claims and demands arising out of or in connection with a specified work or any such failure, act or omission; and the fact that any act or thing may have been done by Network Rail on behalf of the undertaker or in accordance with plans approved by the engineer or in accordance with any requirement of the engineer or under the engineer’s supervision does not (if it was done without negligence on the part of Network Rail or of any person in its employ or of its contractors or agents) excuse the undertaker from any liability under the provisions of this sub-paragraph.

• (2) Network Rail must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise of such a claim or demand is to be made without the prior consent of the undertaker.

• (3) The sums payable by the undertaker under sub-paragraph (1) is to include a sum equivalent to the relevant costs.

• (4) Subject to the terms of any agreement between Network Rail and a train operator regarding the timing or method of payment of the relevant costs in respect of that train operator, Network Rail must promptly pay to each train operator the amount of any sums which Network Rail receives under sub-paragraph (3) which relates to the relevant costs of that train operator.

• (5) The obligation under sub-paragraph (3) to pay Network Rail the relevant costs is, in the event of default, enforceable directly by any train operator concerned to the extent that such sums would be payable to that operator pursuant to sub-paragraph (4).

• (6) In this paragraph—

• “the relevant costs” means the costs, direct losses and expenses (including loss of revenue) reasonably incurred by each train operator as a consequence of any restriction of the use of Network Rail’s railway network as a result of the construction, maintenance or failure of a specified work or any such act or omission as mentioned in sub-paragraph (1); and

• “train operator” means any person who is authorised to act as the operator of a train by a licence under section 8 (licences) of the Railways Act 1993.

16

Network Rail must, on receipt of a request from the undertaker, from time to time provide the undertaker free of charge with written estimates of the costs, charges, expenses and other liabilities for which the undertaker is or will become liable under this Part of this Schedule (including the amount of the relevant costs mentioned in paragraph 15 of this Part of this Schedule) and with such information as may reasonably enable the undertaker to assess the reasonableness of any such estimate or claim made or to be made pursuant to this Part of this Schedule (including any claim relating to those relevant costs).

17

In the assessment of any sums payable to Network Rail under this Part of this Schedule there must not be taken into account any increase in the sums claimed that is attributable to any action taken by or any agreement entered into by Network Rail if that action or agreement was not reasonably necessary and was taken or entered into with a view to obtaining the payment of those sums by the undertaker under this Part of this Schedule or increasing the sums so payable.

18

The undertaker and Network Rail may, subject in the case of Network Rail to compliance with the terms of its network licence, enter into, and carry into effect, agreements for the transfer to the undertaker of—

• (a) any railway property shown on the works and land plans and described in the book of reference;

• (b) any lands, works or other property held in connection with any such railway property; and

• (c) any rights and obligations (whether or not statutory) of Network Rail relating to any railway property or any lands, works or other property referred to in this paragraph.

19

Nothing in this Order, or in any enactment incorporated with or applied by this Order, prejudices or affects the operation of Part 1 of the Railways Act 1993.

20

The undertaker must give written notice to Network Rail if any application is proposed to be made by the undertaker for the Secretary of State’s consent, under article 7 (benefit of order) of this Order and any such notice must be given no later than 28 days before any such application is made and must describe or give (as appropriate)—

• (a) the nature of the application to be made;

• (b) the extent of the geographical area to which the application relates; and

• (c) the name and address of the person acting for the Secretary of State to whom the application is to be made.

21

The undertaker must no later than 28 days from the date that the plans submitted to and certified by the Secretary of State in accordance with article 46 (certification of plans and documents) are certified by the Secretary of State, provide a set of those plans to Network Rail in a format specified by Network Rail.

22

• (1) Article 48 (arbitration) does not apply to this Part of this Schedule.

• (2) All parties involved in settling any difference are to use reasonable endeavours to do so within 42 working days from the date of a dispute first being notified in writing by one party to the other.

• (3) In the absence of the difference being settled within the period referred to in sub-paragraph (2) the difference is to be referred to and settled by a single arbitrator to be agreed between the parties except that, failing agreement between the parties of the arbitrator to be appointed, an arbitrator is to be appointed following the expiry of 14 working days from the expiry of the 42 day working days referred to in sub-paragraph (2) on the application of either party—

• (a) in the case of matters relating to paragraph 11 of this Part of this Schedule, by the president of the Institution of Engineering and Technology; and

• (b) in the case of matters of all other matters relating to this Part of this Schedule, by the president of the Institute of Civil Engineers.

• (4) All parties involved in settling any difference by arbitration will use reasonable endeavours to deal with such matters expeditiously and in accordance with the timetable set out in sub-paragraph (5) unless that timetable is varied in accordance with sub-paragraph (6)(b) to allow for the consents referred to in sub-paragraph (6)(a) to be obtained.

• (5) The timetable referred to in sub-paragraph (4) is—

• (a) the parties must make submissions to the arbitrator in writing, and copied to the other party, within 42 working days of the arbitrator’s appointment;

• (b) any comment on the submissions made by either party must be submitted to the arbitrator within 42 working days of the receipt of the submission under paragraph (a);

• (c) a maximum of 42 working days extension to either or both of the periods referred to in paragraphs (a) and (b) is to be allowed should a party request such an extension prior to the relevant period expiring, unless the arbitrator is of the view that such an extension would be manifestly unreasonable or unnecessary; and

• (d) a decision must be issued within 42 working days of the receipt of the submissions under paragraph (b) or any extension to such period allowed under paragraph (c) subject to sub-paragraph (6).

• (6) The parties recognise that—

• (a) Network Rail’s compliance with the arbitration timetable referred to at sub-paragraph (5) will be subject to the obtaining by Network Rail of necessary clearance consents and other engineering, regulatory and stakeholder (internal and external) consents required under statute, by regulations or by Network Rail governance procedures; and

• (b) the timetable set out in sub-paragraph (5) can be varied by the arbitrator to accommodate the consents and procedures referred to in paragraph (a).

• (7) Network Rail must use reasonable endeavours to pursue any consents referred to in sub-paragraph (6) expeditiously.

• (8) The fees of the arbitrator are payable by the parties in such proportions as the arbitrator may determine, or in the absence of such determination, equally.

1

The provisions of this Part of this Schedule have effect, and apply to the HE works, unless otherwise agreed in writing between the undertaker and Highways England.

2

• (1) The terms used in this Part of this Schedule are as defined in article 2 (interpretation) of this Order save where inconsistent with sub-paragraph (2) which will prevail.

• (2) In this Part of this Schedule—

• “as built information” means one digital copy of the following information where applicable to the phase in question—as constructed drawings in both PDF and AutoCAD DWG formats for anything designed by the undertaker, in compliance with Interim Advice Note 184 or any successor document;list of suppliers and materials used;product data sheets, technical specifications for all materials used;as constructed information for any utilities discovered or moved during the works;method statements for works carried out;in relation to road lighting, signs and traffic signals, any information required by Series 1300 and 1400 of the Specification for Highway Works;organisation and methods manuals for all products used in the construction of the authorised development;as constructed programme;test results and records as required by the detailed design information and during the construction phase of the project;RSA 3 and exceptions agreed;health and safety file; andother such information as is necessary to enable Highways England to update all relevant databases and to ensure compliance with the Highways England Asset Data Management Manual as in operation at the relevant time including CCTV surveys;

• “the bond sum” means the sum equal to 120% of the cost of the carrying out of the phase of the HE works concerned (to include all costs including the commuted sum) or such other sum agreed between the undertaker and Highways England;