The Southampton to London Pipeline Development Consent Order 2020

(1) Street to be temporarily closed, altered, diverted or restricted	(2) Extent of temporary closure, alteration, diversion or restriction
In the County of Hampshire	In the County of Hampshire
Maddoxford Lane	Approximately 31 metres, between Netherhill Lane and Crows Nest Lane as shown on Sheet No.1 of the Access & Rights of Way Plan
Unnamed road off Netherhill Lane	Approximately 38 metres, between Heathen Street and Netherhill Lane as shown on Sheet No.2 of the Access & Rights of Way Plan
Gregory Lane	Approximately 71 metres, between Mincingfield Lane and Heathen Street as shown on Sheet No.2 of the Access & Rights of Way Plan
Mincingfield Lane	Approximately 55 metres, between Kytes Lane and Gregory Lane as shown on Sheet No.3 of the Access & Rights of Way Plan
Wintershill	Approximately 75 metres, between Winchester Road and the access to Wintershill Farm as shown on Sheet No.4 of the Access & Rights of Way Plan
Winchester Road	Approximately 40 metres, between Wintershill and approximately 275 metres west of Ashton Lane as shown on Sheet No.4 of the Access & Rights of Way Plan
Cross Lane	Approximately 41 metres, between Stakes Lane and Ashton Lane as shown on Sheet No.4 of the Access & Rights of Way Plan
Peak Lane	Approximately 31 metres, between Ashton Lane and Stakes Lane as shown on Sheet No.5 of the Access & Rights of Way Plan
Bigpath Lane	Approximately 23 metres, between Woodcote Farm Lane and Belmore as shown on Sheet No.6 of the Access & Rights of Way Plan
Belmore	Approximately 31 metres, between Stakes Lane and Bigpath Lane as shown on Sheet No.6 of the Access & Rights of Way Plan
Lower Preshaw Lane	Approximately 30 metres, between Stake’s Lane and the access road to Betty Mundy’s Cottage as shown on Sheet No.6 of the Access & Rights of Way Plan
Wheely Down Farm Lane	Approximately 51 metres, between the access to Lomer Farm and Kilmeston Road as shown on Sheet No.9 of the Access & Rights of Way Plan
Kilmeston Road	Approximately 30 metres, between Wheely Down Farm Lane and College Down Farm as shown on Sheet No.9 of the Access & Rights of Way Plan
Joan’s Acre Lane	Approximately 23 metres, between Brockwood Bottom/Riversdown Road and Hinton Hill as shown on Sheet No.11 of the Access & Rights of Way Plan
Tithelands Lane	Approximately 55 metres, between the A272 and Uncle Bill’s Lane as shown on Sheet No.12 of the Access & Rights of Way Plan
Uncle Bill’s Lane	Approximately 24 metres, between Tithelands Lane and Kitts Lane/Fitmore Hill Lane as shown on Sheet No.12 of the Access & Rights of Way Plan
Stapley Lane	Approximately 18 metres, between Brick Kiln Lane and Parkstone Road as shown on Sheet No.14 of the Access & Rights of Way Plan
Soames Lane	Approximately 23 metres, between Parkstone Lane and Smugglers Lane as shown on Sheet No.14 of the Access & Rights of Way Plan
Smugglers Lane	Approximately 25 metres, between Petersfield Road and Merryfield Road as shown on Sheet No.15 of the Access & Rights of Way Plan
Lyewood Lane	Approximately 56 metres, between Redbridge Lane and Green Lane as shown on Sheet No.15 of the Access & Rights of Way Plan
Kitwood Lane	Approximately 45 metres, between Hawthorne Lane and Kitwood Road as shown on Sheet No.16 of the Access & Rights of Way Plan
Hawthorne Road	Approximately 32 metres, between Willis Lane and Hawthorne Lane as shown on Sheet No.16 of the Access & Rights of Way Plan
Headmore Lane	Approximately 24 metres, between Hawthorne Lane and Willis Lane as shown on Sheet No.17 of the Access & Rights of Way Plan
Brightstone Lane	Approximately 31 metres, between the junction of Headmore Lane and the access to Pies Farm as shown on Sheet No.17 of the Access & Rights of Way Plan
Woodside Lane (cul-de-sac)	Approximately 22 metres, between the A32 and the end of Woodside Lane as shown on Sheet No.18 of the Access & Rights of Way Plan
Selborne Road	Approximately 103 metres, between Westbrook Grange and Whitehouse Farm as shown on Sheet No.20 of the Access & Rights of Way Plan
Binsted Road	Approximately 34 metres, between Wyck Crossroads and Lower Neatham Mill Lane as shown on Sheet No.23 of the Access & Rights of Way Plan
West End	Approximately 69 metres, between the A31 and West End House as shown on Sheet No.23 of the Access & Rights of Way Plan
Unnamed Road between A31 and Ryebridge Lane	Approximately 35 metres, between the A31 junction and the access road to West End Farm as shown on Sheet No.24 of the Access & Rights of Way Plan
Gid Lane	Approximately 53 metres, between Ryebridge Lane and the A31 as shown on Sheet No.24 of the Access & Rights of Way Plan
Froyle Road	Approximately 37 metres, between Hussey’s Lane and the junction with Main Road as shown on Sheet No.25 of the Access & Rights of Way Plan
Isnage Farm Road	Approximately 60 metres, between Hole Lane and Dippenhall Road as shown on Sheet No.26 of the Access & Rights of Way Plan
Hole Lane	Approximately 42 metres, between Isnage Farm Road and Dippenhall Road as shown on Sheet No.26 of the Access & Rights of Way Plan
Dippenhall Road	Approximately 91 metres, between Montgomery Lane and Cheeks Farm Lane junction as shown on Sheet No.27 of the Access & Rights of Way Plan
Dippenhall Street	Approximately 68 metres, between St Cross Street and Clair Park Hospital as shown on Sheet No.28 of the Access & Rights of Way Plan
Heath Lane	Approximately 15 metres, between Dippenhall Street and The Hollow as shown on Sheet No.29 of the Access & Rights of Way Plan
Redlands Lane	Approximately 43 metres, between The Hollow and Pankridge Street as shown on Sheet No.29 of the Access & Rights of Way Plan
Ewshott Lane	Approximately 35 metres, between Naishes Lane and Dares Lane Junction as shown on Sheet No.30 of the Access & Rights of Way Plan
Naishes Lane	Approximately 34 metres, between Ewshott Lane and Jubilee Drive as shown on Sheet Nos. 30 and 101 of the Access & Rights of Way Plan
Naishes Lane	Approximately 25 metres, between Ewshott Lane and Jubilee Drive as shown on Sheet Nos. 30 and 101 of the Access & Rights of Way Plan
Quetta Park	Approximately 5 metres, between the junction of Jubilee Drive and Naishes Lane as shown on Sheet Nos. 30 and 101 of the Access & Rights of Way Plan
Jubilee Drive	Approximately 59 metres, between Naishes Lane and Quetta Park as shown on Sheet Nos. 30 and 101 of the Access & Rights of Way Plan
Naishes Lane	Approximately 403 metres, between Sandy Lane and Jubilee Drive as shown on Sheet Nos. 30 and 101 of the Access & Rights of Way Plan
Beacon Hill Road B3013	Approximately 319 metres, between Tweseldown Road and Wakeford Park, across the junction with Sandy Lane as shown on Sheet Nos. 30 and 102 of the Access & Rights of Way Plan
Bourley Road	Approximately 32 metres, between the entrance to Tweseldown Race Course and Beacon Hill Road as shown on Sheet Nos. 31 and 102 of the Access & Rights of Way Plan
Aldershot Road	Approximately 42 metres, between the A323 and Northfield Road as shown on Sheet No.31 of the Access & Rights of Way Plan
Old Ively Road	Approximately 735 metres, from junction of Norris Bridge roundabout to Buccaneer Way/Comet Road as shown on Sheet No.32 of the Access & Rights of Way Plan
Buccaneer Way	Approximately 50 metres between Comet Way and Bramshot Lane as shown on Sheet No.32 of the Access & Rights of Way Plan
Comet Road	Approximately 586 metres, from Old Ively Road/Buccaneer Way to junction of Concord Road as shown on Sheet Nos. 32, 33 and 103 of the Access & Rights of Way Plan
Concord Road/Whittle Roundabout	Approximately 31 metres across the junction as shown on Sheet Nos. 33 and 103 of the Access & Rights of Way Plan
Ively Road	Approximately 66 metres, between Old Kennels Lane Roundabout and Sir Frank Whittle roundabout (Elles Road) as shown on Sheet Nos. 33 and 103 of the Access & Rights of Way Plan
Cove Road	150 metres, between Bridge Road junction and Southwood Road as shown on Sheet Nos. 34 and 104 of the Access & Rights of Way Plan
Nash Close	Approximately 187 metres, from the junction with Cove Road to the end of cul-de-sac as shown on Sheet Nos. 34 and 104 of the Access & Rights of Way Plan
Stakes Lane Garages	Approximately 50 metres as shown on Sheet Nos. 34 and 105 of the Access & Rights of Way Plan
Ship Lane	Approximately 308 metres, between Ringwood Road and the junction of Newton Road as shown on Sheet Nos. 35 and 108 of the Access & Rights of Way Plan
Ringwood Road	Approximately 168 metres, comprising the entire length of Ringwood Rod from the junction with Ship Lane as shown on Sheet Nos. 35 and 108 of the Access & Rights of Way Plan
In the County of Surrey	In the County of Surrey
Frimley Green Road	Approximately 50 metres, between the junction of Balmoral Road and the junction of Worsley Road as shown on Sheet Nos. 36 and 113 of the Access & Rights of Way Plan
Balmoral Drive	Approximately 840 metres, being the entire length of Balmoral Drive between the junction of Frimley Green Road and the end of the cul-de-sac as shown on Sheet Nos. 36 and 113 of the Access & Rights of Way Plan
Frith Hill Road	Approximately 30 metres as shown on Sheet Nos. 36 and 113 of the Access & Rights of Way Plan
Rhododendron Road	Approximately 30 metres as shown on Sheet Nos. 36 and 113 of the Access & Rights of Way Plan
Deepcut Bridge Road	Approximately 76 metres, between the junction of Old Bisley Road and the junction of Crimea Road as shown on Sheet No.38 of the Access & Rights of Way Plan
The Maultway	Approximately 350 metres, between Cumberland Road and Inglewood Avenue as shown on Sheet Nos. 38 and 39 of the Access & Rights of Way Plan
Red Road	Approximately 587 metres, east of Macdonald Road and the A322 Guildford road as shown on Sheet No.40 of the Access & Rights of Way Plan
West End CP Br No.66	Between Points A and B as shown on Sheet No.40 of the Access & Rights of Way Plan
Guildford Road	Approximately 278 metres, between theA332 and Springfield as shown on Sheet No.41 of the Access & Rights of Way Plan
Blackstroud Lane East	Approximately 54 metres, between Burnt Pollard Lane and Hookstone Lane as shown on Sheet No.41 of the Access & Rights of Way Plan
Halebourne Lane	Approximately 32 metres, between the A319 Bagshot Road and Windlesham Road as shown on Sheet No.42 of the Access & Rights of Way Plan
Chobham CP Fp No.211	Between points C and D as shown on Sheet No.42 of the Access & Rights of Way Plan
Steep Hill	Approximately 36 metres, between Woodcock Lane and the B383 junction as shown on Sheet No.43 of the Access & Rights of Way Plan
Windsor Road	Approximately 45 metres, between Heather Way and Staple Hill as shown on Sheet No.43 of the Access & Rights of Way Plan
Canford Drive (cul-de-sac)	Approximately 29 metres, along the entire length of the cul-de-sac section as shown on Sheet Nos. 48 and 116 of the Access & Rights of Way Plan
Canford Drive (non-cul-de-sac)	Approximately 169 metres, between Roakes Avenue from Canford Drive cul-de-sac section as shown on Sheet Nos. 48 and 116 of the Access & Rights of Way Plan
Roakes Avenue	Approximately 35 metres, between Chertsey Avenue and Canford Drive as shown on Sheet Nos. 48 and 116 of the Access & Rights of Way Plan
Mead Lane	Approximately 60 metres, east of the junction of the access road to Chertsey Meads Marine Hire and the end of Mead Lane as shown on Sheet Nos. 49 and 117 of the Access & Rights of Way Plan
Ashford Road	Approximately 1,300 metres, from the junction of The Broadway to the junction of the access to Brett Aggregates and Capital Concrete as shown on Sheet Nos. 51, 119 and 124 of the Access & Rights of Way Plan
Buxton Road	Approximately 54 metres, between Rugglers-Brise Road and Woodthorpe Road as shown on Sheet Nos. 52 and 120 of the Access & Rights of Way Plan
Access road to HMP Bronzefield	Approximately 51 metres, between Woodthorpe Road and HMP Bronzefield as shown on Sheet Nos. 52 and 121 of the Access & Rights of Way Plan
Woodthorpe Road	Approximately 772 metres, between the access to HMP Bronzefield and Station Approach as shown on Sheet Nos. 52, 121 and 122 of the Access & Rights of Way Plan
Station Approach	Approximately 53 metres, between Woodthorpe Road and Station Road as shown on Sheet Nos. 52 and 122 of the Access & Rights of Way Plan
Station Road (one way section)	Approximately 65 metres, from the junction of Station Approach and Station Road as shown on Sheet Nos. 52 and 122 of the Access & Rights of Way Plan
Short Lane	Approximately 147 metres, between the A30(T) and Long Lane as shown on Sheet Nos. 53 and 123 of the Access & Rights of Way Plan

SCHEDULE 6 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS

Compensation enactments

1

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

2

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

• (2) For section 5A(5A) (relevant valuation date) of the 1961 Act substitute—

(5A) If— (a) the acquiring authority enters on land for the purpose of exercising a right in pursuance of a notice of entry under section 11(1) of the 1965 Act (as modified by paragraph 5(5) of Schedule 6 to the Southampton to London Pipeline Development Consent Order 2020 (“the 2020 Order”)); (b) the acquiring authority is subsequently required by a determination under paragraph 12 of Schedule 2A to the 1965 Act (as substituted by paragraph 5(8) of Schedule 6 to the 2020 Order to acquire an interest in the land; and (c) the acquiring authority enters on and takes possession of that land, the authority is deemed for the purposes of subsection (3)(a) to have entered on that land when it entered on that land for the purpose of exercising that right.

3

• (1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973[^f00072] has effect subject to the modifications set out in sub-paragraph (2).

• (2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 (measure of compensation in case of severance) of the 1965 Act as substituted by paragraph 5(3)—

• (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”.

Application of the 1965 Act

4

Part 1 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (and modified by article 26 (modification of Part 1 of the 1965 Act)) to the acquisition of land under article 21 (compulsory acquisition of land), applies to the compulsory acquisition of a right by the creation of a new right, or to the imposition of a restrictive covenant under article 23 (compulsory acquisition of rights and restrictive covenants)—

• (a) with the modifications specified in paragraph 5; and

• (b) with such other modifications as may be necessary.

5

• (1) The modifications referred to in paragraph 4 are as follows.

• (2) References in the 1965 Act to land are, in the appropriate contexts, to be read (according to the requirements of the context) as referring to, or as including references to—

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

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

• (3) For section 7 (measure of compensation) of the 1965 Act 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.

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

• (5) Section 11[^f00073] (powers of entry) of the 1965 Act is modified so as to secure that, where the acquiring authority has served notice to treat in respect of any right or restrictive covenant, as well as the notice of entry required by subsection (1) of that section (as it applies to compulsory acquisition under article 21), 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; and sections 11A[^f00074] (powers of entry: further notices of entry), 11B[^f00075] (counter-notice requiring possession to be taken on specified date), 12[^f00076] (penalty for unauthorised entry) and 13[^f00077] (entry on warrant in the event of obstruction) of the 1965 Act are modified correspondingly.

• (6) Section 20[^f00078] (tenants at will, etc.) of the 1965 Act 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.

• (7) Section 22 (interests omitted from purchase) of the 1965 Act as modified by article 26(4) is also modified so 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 enforce the restrictive covenant imposed, subject to compliance with that section as respects compensation.

• (8) For Schedule 2A of the 1965 Act substitute—

SCHEDULE 2A (1) (1) This Schedule applies where an acquiring authority serves a notice to treat in respect of a right over, or restrictive covenant affecting, the whole or part of a house, building or factory and has not executed a general vesting declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 as applied by article 27 (application of the 1981 Act) of the Southampton to London Pipeline Development Consent Order 2020 in respect of the land to which the notice to treat relates. (2) But see article 28(3) (acquisition of subsoil and airspace only) of the Southampton to London Pipeline Development Consent Order 2020 which excludes the acquisition of subsoil or airspace only from this Schedule. (2) In this Schedule, “house” includes any park or garden belonging to a house. (3) A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the acquiring authority to purchase the owner’s interest in the house, building or factory. (4) A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served. (5) On receiving a counter-notice, the acquiring authority must decide whether to— (a) withdraw the notice to treat, (b) accept the counter-notice, or (c) refer the counter-notice to the Upper Tribunal. (6) The acquiring authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”). (7) If the acquiring authority decides to refer the counter-notice to the Upper Tribunal it must do so within the decision period. (8) If the acquiring authority does not serve notice of a decision within the decision period it is to be treated as if it had served notice of a decision to withdraw the notice to treat at the end of that period. (9) If the acquiring authority serves notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in the house, building or factory. (10) On a referral under paragraph 7, the Upper Tribunal must determine whether the acquisition of the right or the imposition of the restrictive covenant would— (a) in the case of a house, building or factory, cause material detriment to the house, building or factory, or (b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs. (11) In making its determination, the Upper Tribunal must take into account— (a) the effect of the acquisition of the right or the imposition of the covenant, (b) the proposed use of the right or covenant, and (c) if the right or covenant is proposed to be acquired or imposed for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land. (12) If the Upper Tribunal determines that the acquisition of the right or the imposition of the covenant would have either of the consequences described in paragraph 10, it must determine how much of the house, building or factory the acquiring authority ought to be required to take. (13) If the Upper Tribunal determines that the acquiring authority ought to be required to take some or all of the house, building or factory, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in that land. (14) (1) If the Upper Tribunal determines that the acquiring authority ought to be required to take some or all of the house, building or factory, the acquiring authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land. (2) If the acquiring authority withdraws the notice to treat under this paragraph it must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice. (3) Any dispute as to the compensation is to be determined by the Upper Tribunal.

SCHEDULE 7 — LAND OF WHICH ONLY TEMPORARY POSSESSION MAY BE TAKEN

(1) Plot Reference Number shown on Land Plans	(2) Relevant part of the authorised development
Land Plans – Sheet No.1	Land Plans – Sheet No.1
1, 2, 3, 5, 8, 9, 17, 19, 20, 22, 27, 31, 33	Work No. 1A
21	Work Nos. 1A and 4A
28, 29	Work Nos. 1A and 8C
Land Plans – Sheet No.2	Land Plans – Sheet No.2
31, 33, 40, 42, 43, 44, 46, 50, 52, 53, 55, 56, 58, 64, 68, 69, 70	Work No. 1A
34	Work Nos. 1A, 2A and 3A
39, 48, 51	Work Nos. 1A, 2A, 3A and 10A
59	Work Nos. 1A, 4C and 8E
61, 65	Work Nos. 1A, 4B and 8D
66	Work Nos. 1A, 4C and 8E
73	Work Nos. 1A and 8F
Land Plans – Sheet No.3	Land Plans – Sheet No.3
70, 74, 82, 84, 85, 87, 89, 90, 92, 94, 96, 97, 99, 100, 101, 102, 103	Work No. 1A
73	Work Nos. 1A and 8F
77, 78	Work Nos. 1A, 8F and 8G
79	Work Nos. 1A and 8G
114	Work Nos. 1A and 4D
Land Plans – Sheet No.4	Land Plans – Sheet No.4
97, 99, 100, 101, 102, 103, 116, 119, 120, 122, 126, 129, 135, 140, 142, 145, 146, 148, 150, 153	Work No. 1A
109, 111, 112, 113	Work Nos. 1A and 8H
114	Work Nos. 1A and 4D
123, 124, 127, 131	Work Nos. 1A, 8J and 8K
133, 134	Work Nos. 1A and 4E
137, 138A, 138B	Work Nos. 1A and 2B
Land Plans – Sheet No.5	Land Plans – Sheet No.5
153, 154, 156, 158, 159, 161, 163, 165, 166, 167, 171	Work No. 1A
Land Plans – Sheet No.6	Land Plans – Sheet No.6
171, 172, 175, 176, 184, 185, 193, 195, 197, 198, 209, 214	Work No. 1A
173, 181	Work Nos. 1A and 8L
182	Work Nos. 1A and 8M
186	Work Nos. 1A and 8N
187, 188, 191	Work Nos. 1A and 8O
199	Work No. 1A
201, 202	Work Nos. 1A and 8P
205, 207	Work Nos. 1A and 8Q
206	Work Nos. 1A, 2C and 10C
210, 212, 217	Work Nos. 1A and 2C
Land Plans – Sheet No.7	Land Plans – Sheet No.7
212, 217	Work Nos. 1A and 2C
218, 219, 221, 231, 235, 236, 238, 239, 240, 241, 242	Work No. 1A
220, 223, 224, 225, 226, 227, 230, 232	Work Nos. 1A, 2C and 10C
Land Plans – Sheet No.8	Land Plans – Sheet No.8
241, 242, 243, 246, 247	Work No. 1A
245, 248, 249	Work Nos. 1A and 8R
Land Plans – Sheet No.9	Land Plans – Sheet No.9
245, 248, 249	Work Nos. 1A and 8R
250, 251, 253, 260, 261, 269, 273, 274, 275	Work No. 1A
257, 259	Work Nos. 1A and 8S
263	Work Nos. 1A and 8T
264	Work Nos. 1A and 4G
267, 268	Work Nos. 1A, 8T and 8U
270	Work Nos. 1A, 4H and 8U
Land Plans – Sheet No.10	Land Plans – Sheet No.10
273, 274, 275, 277, 278, 279, 281, 282, 283, 284, 286, 287, 288, 289, 291, 292, 294, 295, 296, 297D, 297E, 299B	Work No. 1A
Land Plans – Sheet No.11	Land Plans – Sheet No.11
296, 299B, 303B, 304, 307B, 312, 314, 319, 321, 322	Work No. 1A
324	Work Nos. 1A and 8Y
325	Work Nos. 1A and 4J
328	Work Nos. 1B, 4K and 8Z
330	Work No. 1B
Land Plans – Sheet No.12	Land Plans – Sheet No.12
328, 329	Work Nos. 1B, 4K and 8Z
330, 333, 334, 335, 336, 339, 346, 347, 350, 352, 353, 355, 356, 357, 370, 371	Work No. 1B
338	Work Nos. 1B and 8AA
342, 343	Work Nos. 1B, 8AA and 8AB
344	Work Nos. 1B and 8AB
361, 362, 363, 364, 365, 366, 367, 368, 369	Work Nos. 1B and 2D
Land Plans – Sheet No.13	Land Plans – Sheet No.13
370, 371, 373, 374, 377, 378, 379, 383, 384, 386, 387, 390, 392, 394, 380A, 380B, 380C, 380D, 382A, 382B	Work No. 1B
Land Plans – Sheet No.14	Land Plans – Sheet No.14
390, 392, 394, 397, 398, 400, 401, 404, 406, 407, 409, 410, 413, 414, 416	Work No. 1B
Land Plans – Sheet No.15	Land Plans – Sheet No.15
410, 413, 414, 416, 420, 421, 423, 425, 429, 431, 432, 433, 436, 437	Work No. 1B
430	Work Nos. 1B and 4L
Land Plans – Sheet No.16	Land Plans – Sheet No.16
437, 439, 440, 443, 444, 445, 446, 447, 450, 453, 462	Work No. 1B
449	Work Nos. 1B, 2E, 8AI and 8AJ
454	Work Nos. 1B, 8AI and 8AJ
456	Work Nos. 1B and 4M
Land Plans – Sheet No.17	Land Plans – Sheet No.17
462, 463, 467, 468, 470, 472, 473, 475, 476, 477, 479, 480, 483, 485, 487, 489, 490, 492, 493, 494, 496, 497, 499, 500, 502, 503, 505, 507, 508, 510, 511, 512, 513, 515, 517, 521, 523, 526, 527, 530, 533, 534, 536, 537, 538	Work No. 1B
Land Plans – Sheet No.18	Land Plans – Sheet No.18
538, 541, 542, 543, 544, 548, 549, 553	Work No. 1B
551, 552	Work Nos. 1B and 8AT
554	Work Nos. 1B, 4N and 8AS
Land Plans – Sheet No.19	Land Plans – Sheet No.19
551, 552, 558	Work Nos. 1B and 8AT
553, 560, 562, 564, 569, 571	Work No. 1B
554, 557, 559	Work Nos. 1B, 4N and 8AS
Land Plans – Sheet No.20	Land Plans – Sheet No.20
569, 571, 572, 574, 575, 577, 578	Work No. 1B
580, 594	Work Nos. 1B and 1C
583	Work Nos. 1B, 1C, 2G, 8AV and 10G
587, 590, 593, 595, 596, 597, 599, 600, 601, 603, 605, 606, 607	Work No. 1C
589	Work Nos. 1B, 2G, 8AV and 10G
591	Work Nos. 1C and 4O
Land Plans – Sheet No.21	Land Plans – Sheet No.21
603, 605, 606, 607, 609, 611, 612, 613, 615, 617, 618, 620, 622, 624, 627, 630, 631	Work No. 1C
623	Work Nos. 1C and 8AW
629	Work Nos. 1C, 8AX and 4P
Land Plans – Sheet No.22	Land Plans – Sheet No.22
630, 631, 632, 633, 635, 636	Work No. 1C
Land Plans - Sheet No.23	Land Plans - Sheet No.23
635, 638, 641, 646, 647, 651, 666, 667, 670, 671, 672, 675, 677	Work No. 1C
640	Work Nos. 1C, 8AY and 8AZ
645, 649	Work Nos. 1C and 4Q
650, 653	Work Nos. 1C and 4R
Land Plans – Sheet No.24	Land Plans – Sheet No.24
671, 672, 675, 677, 678, 679, 681, 682, 685, 687, 689, 690, 692, 693, 694, 699	Work No. 1C
688	Work Nos. 1C and 4S
695, 696	Work Nos. 1C, 8BD and 8BE
702	Work Nos. 1C and 8BF
Land Plans – Sheet No.25	Land Plans – Sheet No.25
702	Work Nos. 1C and 8BF
703, 709, 711, 713, 715, 716	Work No. 1C
705, 707	Work Nos. 1C, 8BF and 8BG
708	Work Nos. 1C and 4T
Land Plans – Sheet No.26	Land Plans – Sheet No.26
716, 719, 722, 723, 726, 729, 732, 733, 734	Work No. 1C
725, 728, 730	Work Nos. 1C, 8BH and 8BI
Land Plans – Sheet No.27	Land Plans – Sheet No.27
734, 736, 739, 740, 743, 744, 746, 747, 748, 751	Work No. 1C
737	Work Nos. 1C, 8BJ and 8BK
741	Work Nos. 1C and 8BK
Land Plans – Sheet No.28	Land Plans – Sheet No.28
751, 752, 754, 761, 762	Work No. 1C
755, 756	Work Nos. 1C, 8BL and 8BM
757	Work Nos. 1C, 1D, 8BL and 8BM
763, 765, 766, 769, 770, 772, 774, 775	Work No. 1D
767	Work Nos. 1D, 4U and 8BM
Land Plans – Sheet No.29	Land Plans – Sheet No.29
774, 775, 777, 780, 781, 785, 786, 787, 788, 790, 791, 793, 794, 796, 798, 799, 801, 802, 811, 824, 826, 828, 830, 832, 833, 835, 837, 842	Work No. 1D
804	Work Nos. 1D and 8BR
805, 810	Work Nos. 1D and 4V
806, 807, 808, 809	Work Nos. 1D, 4V and 8BR
814, 818	Work Nos. 1D and 8BS
815, 816, 817, 820, 822, 823	Work Nos. 1D and 8BT
838	Work Nos. 1D and 4W
839	Work Nos. 1D and 8BU
841	Work Nos. 1D and 8BV
Land Plans – Sheet No.30	Land Plans – Sheet No.30
837, 842, 844, 845, 847, 850, 851, 852, 854, 855, 896	Work No. 1D
838	Work Nos. 1D and 4W
839	Work Nos. 1D and 8BU
841	Work Nos. 1D and 8BV
848	Work Nos. 1D and 4X
Land Plans – Sheet No.31	Land Plans – Sheet No.31
930, 932, 934, 936, 937, 938, 939, 941, 942, 944	Work No. 1D
Land Plans – Sheet No.32	Land Plans – Sheet No.32
942, 944, 945, 946, 947, 949, 951, 953, 954, 956, 957, 958, 959, 960, 966, 967, 970	Work No. 1D
961	Work Nos. 1D and 4AA
972A	Work Nos. 1D, 6C and 8CY
Land Plans – Sheet No.33	Land Plans – Sheet No.33
989, 992, 998, 1000, 1001, 1003, 1009	Work No. 1D
993	Work Nos. 1D and 4AB
995, 996	Work Nos. 1D, 8CI and 8CH
1004	Work Nos. 1D and 8CJ
1005, 1006	Work Nos. 1D and 8CK
1011	Work No. 1Ei
1012	Work Nos. 1D and 1Ei
1014	Work Nos. 1Ei and 4AC
1015, 1017	Work No. 1Ei
Land Plans – Sheet No.34	Land Plans – Sheet No.34
1017	Work No. 1Ei
Land Plans – Sheet No.37	Land Plans – Sheet No.37
1361, 1363, 1366, 1369, 1372, 1373, 1375, 1380, 1381, 1382, 1383, 1384	Work No. 1Eiii
1368, 1370	Work Nos. 1Eiii, 5U and 9E
1385, 1386, 1387, 1388, 1389, 1390, 1391, 1392	Work No. 1F
Land Plans – Sheet No.38	Land Plans – Sheet No.38
1372, 1380, 1381	Work No. 1Eiii
1375, 1382, 1383	Work Nos. 1Eiii and 9H
1384, 1385, 1386, 1387, 1389, 1390, 1391, 1392	Work Nos. 1F and 9H
1388, 1397, 1398, 1399, 1417	Work No. 1F
1394, 1395	Work Nos. 1F and 5D
Land Plans – Sheet No.39	Land Plans – Sheet No.39
1417	Work No. 1F
Land Plans – Sheet No.40	Land Plans – Sheet No.40
1417, 1421, 1422, 1423, 1424	Work No. 1F
Land Plans – Sheet No.41	Land Plans – Sheet No.41
1445	Work Nos. 1F and 5E
1450, 1451, 1453, 1454, 1455, 1458, 1459, 1464, 1467, 1468, 1470, 1471, 1472, 1473, 1477, 1479, 1480, 1481, 1483, 1484, 1486, 1487, 1488, 1490, 1492, 1493, 1495, 1496, 1497	Work No. 1F
Land Plans – Sheet No.42	Land Plans – Sheet No.42
1496	Work Nos. 1F and 5F
1497, 1504, 1505, 1507, 1508, 1510, 1512, 1549, 1550	Work No. 1F
1499	Work Nos. 1F and 9O
1501	Work Nos. 1F and 9P
Land Plans – Sheet No.43	Land Plans – Sheet No.43
1549, 1550, 1553, 1554, 1556, 1559, 1560, 1563, 1570, 1571, 1572, 1574, 1579, 1581, 1582, 1583, 1585, 1590	Work No. 1F
1565	Work Nos. 1F and 5G
1575, 1577, 1578	Work Nos. 1F and 5H
Land Plans – Sheet No.44	Land Plans – Sheet No.44
1582, 1583, 1585, 1586, 1588, 1589, 1590, 1591, 1592, 1595, 1596, 1600, 1602, 1603, 1604, 1606, 1607, 1609	Work No. 1F
1594, 1598, 1599	Work Nos. 1F and 5I
Land Plans – Sheet 45	Land Plans – Sheet 45
1609, 1611, 1613, 1616, 1618, 1621, 1624, 1626, 1628, 1629, 1633, 1634	Work No. 1F
1619	Work Nos. 1F and 5J
1620	Work Nos. 1F, 5J and 9W
1625, 1627	Work Nos. 1F and 9X
1630, 1631, 1632	Work Nos. 1F and 9Y
Land Plans – Sheet 46	Land Plans – Sheet 46
1634	Work No. 1F
1636, 1637, 1638	Work Nos. 1F and 9Z
1639, 1640	Work Nos. 1F, 5K and 9Z
Land Plans – Sheet 47	Land Plans – Sheet 47
1661, 1663, 1664, 1665, 1666, 1667, 1668, 1676, 1682, 1684, 1685, 1687, 1689	Work No. 1F
1680, 1681, 1692	Work Nos. 1F, 1G and 9AD
1694	Work Nos. 1F and 5L
1700, 1701, 1712	Work Nos. 1F and 1G
1702, 1704, 1708, 1710, 1715, 1723, 1724, 1725, 1726, 1728, 1729, 1733, 1736, 1747, 1748, 1750, 1755, 1734 A, 1734 B	Work No. 1G
1714, 1716, 1717, 1718, 1719, 1720, 1721	Work Nos. 1G and 9AF
1730	Work Nos. 1G and 5N
1737, 1738, 1739, 1740, 1741, 1742, 1743, 1744, 1745, 1746	Work Nos. 1G, 9AE and 11D
Land Plans – Sheet 48	Land Plans – Sheet 48
1726, 1729, 1747, 1748, 1750, 1753, 1754, 1755, 1758, 1759, 1786, 1788, 1790, 1792, 1794, 1796, 1797, 1798	Work No. 1G
1752	Work Nos. 1G and 9AF
1800	Work Nos. 1G and 5N
Land Plans – Sheet 49	Land Plans – Sheet 49
1786, 1788, 1790, 1792, 1794, 1796, 1797, 1798	Work No. 1G
1800	Work Nos. 1G and 5N
1846	Work No. 1H
Land Plans – Sheet 50	Land Plans – Sheet 50
1845, 1853, 1857, 1858, 1862, 1863, 1869, 1889	Work No. 1H
1854	Work No. 1H
1856	Work Nos. 1H and 5O
1860	Work Nos. 1H and 5P
1864, 1865, 1866, 1867	Work Nos. 1H and 9AK
Land Plans – Sheet 51	Land Plans – Sheet 51
1869, 1872, 1873, 1880, 1883, 1889, 1890, 1892, 1899	Work No. 1H
1871	Work Nos. 1H and 9AM
Land Plans – Sheet 52	Land Plans – Sheet 52
2046, 2049	Work No. 1H
Land Plans – Sheet 53	Land Plans – Sheet 53
2238	Work No. 1H
Land Plans – Sheet 56	Land Plans – Sheet 56
972A, 972B, 972C	Work Nos. 6C and 8CY
Land Plans – Sheet 58	Land Plans – Sheet 58
1661, 1663, 1664, 1665, 1666, 1667, 1668, 1669, 1675, 1676, 1677, 1679, 1682, 1684, 1687	Work No. 1F
1671, 1674	Work Nos. 1F and 9AB
Land Plans – Sheet 59	Land Plans – Sheet 59
563	Work Nos. 1B and 6B
565, 566, 567, 568	Work Nos. 1B, 6B and 8CY
Land Plans – Sheet 101	Land Plans – Sheet 101
854, 856, 858, 859, 862, 863, 864, 871, 874, 877, 878, 879	Work No. 1D
872	Work Nos. 1D and 4Y
Land Plans – Sheet 102	Land Plans – Sheet 102
878, 879, 887, 892, 898, 900, 903, 911, 913, 919, 921, 923, 925, 930, 932	Work No. 1D
896	Work No. 1D
908, 909, 910	Work Nos. 1D and 8CB
914, 920, 928	Work Nos. 1D and 10I
924	Work Nos. 1D and 4Z
929	Work Nos. 1D, 8CC and 8CD
Land Plans – Sheet 103	Land Plans – Sheet 103
978, 985, 986, 987	Work No. 1D
989	Work Nos. 1D and 10J
Land Plans – Sheet 104	Land Plans – Sheet 104
1017, 1019, 1021, 1023, 1025, 1026, 1028, 1029, 1030, 1044, 1059, 1068, 1093, 1098	Work No. 1Ei
1022	Work Nos. 1Ei and 8CL
1072, 1075, 1077, 1079, 1081, 1083, 1085, 1088, 1091, 1092	Work Nos. 1Ei and 8CN
1095	Work Nos. 1Ei, 4AD and 8CO
1100	Work Nos. 1Ei and 4AD
Land Plans – Sheet 105	Land Plans – Sheet 105
1100	Work Nos. 1Ei and 4AD
1139, 1150, 1151, 1154, 1155, 1157, 1160, 1161, 1164	Work No. 1Ei
1159	Work Nos. 1Ei and 4AE
Land Plans –Sheet 106	Land Plans –Sheet 106
1160, 1162, 1164, 1165, 1169	Work No. 1Ei
1170, 1173	Work Nos. 1Ei and 8CQ
Land Plans – Sheet 107	Land Plans – Sheet 107
1170	Work Nos. 1Ei and 8CQ
1171, 1173, 1174, 1192	Work No. 1Ei
1227, 1229, 1232, 1237, 1241, 1245	Work Nos. 1Ei and 8CS
1262, 1267	Work Nos. 1Ei and 8CV
Land Plans – Sheet 108	Land Plans – Sheet 108
1174, 1192	Work No. 1Ei
1254, 1255, 1258, 1260, 1261	Work No. 1Eii
1267	Work Nos. 1Eii, 8CS and 8CV
1272	Work Nos. 1Eii and 9A
1277, 1278	Work Nos. 1Eii and 8CT
Land Plans – Sheet 109	Land Plans – Sheet 109
1281	Work Nos. 1Eii and 1Eiii
1282	Work No. 1Eiii
1284	Work No. 1Eii
1296, 1297, 1298	Work Nos. 1Eii and 9C
Land Plans – Sheet 110	Land Plans – Sheet 110
1262, 1264, 1265, 1266, 1268, 1272	Work Nos. 1Eii and 9A
1267	Work Nos. 1Eii and 8CV
1281, 1282	Work No. 1Eiii
Land Plans – Sheet 112	Land Plans – Sheet 112
1281	Work Nos. 1Eiii, 5A and 9B
1282, 1285, 1289, 1302	Work No. 1Eiii
1309, 1313	Work Nos. 1Eiii and 5B
Land Plans – Sheet 113	Land Plans – Sheet 113
1316, 1318, 1319, 1320, 1321, 1322, 1324, 1325, 1326, 1327, 1328, 1329, 1330, 1331, 1333, 1334, 1335, 1336, 1337, 1338, 1340, 1356, 1360, 1361, 1362	Work No. 1Eiii
1357	Work Nos. 1Eiii and 5C
Land Plans – Sheet 114	Land Plans – Sheet 114
1513, 1514, 1516, 1519, 1521, 1522, 1537, 1539, 1542, 1545, 1547, 1549	Work No. 1F
1520, 1523	Work Nos. 1F and 9Q
1538, 1541	Work Nos. 1F and 9R
Land Plans – Sheet 115	Land Plans – Sheet 115
1641, 1645, 1647, 1648, 1649, 1650, 1652, 1654, 1655, 1657, 1658, 1661	Work No. 1F
Land Plans – Sheet 116	Land Plans – Sheet 116
1752, 1754, 1755, 1758, 1759, 1767, 1769, 1770, 1772, 1775, 1776, 1780, 1784, 1786	Work No. 1G
1779, 1782, 1783	Work Nos. 1G and 9AG
Land Plans – Sheet 117	Land Plans – Sheet 117
1798, 1800, 1819, 1821	Work No. 1G
1820	Work Nos. 1G and 9AI
Land Plans – Sheet 118	Land Plans – Sheet 118
1819, 1821, 1827	Work No. 1G
1820	Work Nos. 1G and 9AI
1823, 1830, 1831, 1833, 1837, 1838, 1839, 1841, 1843, 1844, 1845, 1847, 1850, 1853	Work No. 1H
1829	Work Nos. 1G and 1H
1842, 1848, 1849, 1851	Work Nos. 1H and 9AJ
1854	Work No. 1H
Land Plans –Sheet 120	Land Plans –Sheet 120
1976, 1977	Work Nos. 1H and 9AP
1978, 1980, 1983, 1990, 1995, 1998, 1999, 2003, 2006, 2025, 2033, 2041, 2042, 2046, 2048	Work No. 1H
1982, 1984	Work Nos. 1H and 9AN
2005, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2020, 2021, 2023, 2024, 2026, 2027, 2029, 2030, 2031, 2032, 2034, 2035, 2036, 2037, 2038, 2039	Work Nos. 1H and 9AQ
Land Plans – Sheet 121	Land Plans – Sheet 121
2046, 2048, 2049, 2050, 2053, 2054, 2056, 2062, 2064, 2065, 2238	Work No. 1H
2100	Work Nos. 1H and 5Q
2227, 2234	Work Nos. 1H and 9AS
Land Plans – Sheet 122	Land Plans – Sheet 122
2227, 2234	Work Nos. 1H and 9AS
2228, 2230, 2231, 2233	Work Nos. 1H and 9AR
2235, 2237, 2238, 2240	Work No. 1H
2242	Work Nos. 1H and 5R
Land Plans – Sheet 123	Land Plans – Sheet 123
2242	Work Nos. 1H and 5R
2243, 2244, 2245, 2247, 2252, 2255, 2259, 2260, 2261, 2263, 2267, 2269, 2271, 2273, 2279, 2281, 2285, 2288, 2289	Work No. 1H
2254	Work Nos. 1H and 5S
2276	Work Nos. 1H, 5T and 9AU
Land Plans – Sheet 124	Land Plans – Sheet 124
1982, 1984	Work Nos. 1H and 9AN
1990, 2003	Work No. 1H

SCHEDULE 8 — TREES SUBJECT TO TREE PRESERVATION ORDERS

(1) Type of tree	(2) Location	(3) Indicative works to be carried out	(4) TPO reference
In the County of Hampshire	In the County of Hampshire	In the County of Hampshire	In the County of Hampshire
Group	Trees forming field boundary along southern side of Petersfield Road, opposite Woodcote Manor Cottages – as marked TPO001 on Sheet No.11 of the General Arrangement Plans	Felling works. Crown lifting/pruning of overhanging branches (eastern section of TPO group) to prevent damage from plant movements along the proposed access track.	00057-2003-TPO 0131A7
Group	Trees forming field boundary along northern side of Petersfield Road, between Woodcote Manor Cottages and Tithelands Lane – as marked TPO002 on Sheet No.12 of the General Arrangement Plans	Felling works. Crown lifting/pruning of overhanging branches (western and eastern end of TPO group) to prevent damage from plant movements.	00057-2003-TPO 0131A1
Group – Species: beech and larch	Woodland copse, east of Gosport Road, north of Woodside Lane, north of Lower Farringdon – as marked TPO003 on Sheet No.19 of the General Arrangement Plans	Crown lifting/pruning of overhanging branches to prevent damage during plant movements along proposed access track located around eastern extent of TPO area.	(EH94)81 A1
Group (2 No. overlapping)	TPO covers various sections of woodland copses and linear belts forming Lawn Copse, located to the south of Heath Lane, within Oak Park Golf Club (Woodland Course) – as marked TPO004 and TPO005 on Sheet Nos. 28 and 29 of the General Arrangement Plans	Felling works to part of TPO groups; through western section of TPO area 737, and southern end of TPO area 88. Crown lifting/pruning of overhanging branches of adjacent retained trees to prevent damage during plant movements through the area.	93/00450/HDC 737 49/0007/TP 88
Group – Species: oak, ash, hazel	TPO covers linear belt of woodland located along the southern side of Heath Lane, within Oak Park Golf Club (Woodland Course) and extending eastwards into the woodland block next to the residential properties known as ‘The Tileries’ – as marked TPO006 on Sheet No.29 of the General Arrangement Plans	Felling works through central section of TPO. Crown lifting/pruning of overhanging branches to prevent damage during plant movements through central section.	49/00007/TP 87
Individual (32 No.) – Species: oak, beech, ash, birch	Individual TPOs cover trees along northern boundary of the A287 adjacent to Peacocks Garden World; two avenue lines through the carpark; and the linear belt of trees running parallel to the A287 at the northern edge of the garden centre – as marked TPO007 to TPO038 on Sheet No.29 of the General Arrangement Plans	Felling works. Crown lifting/pruning of overhanging branches to prevent damage from plant movements through the area.	02/01128/HDC 60285, 60286, 60287, 60288, 60335C, 60336C, 60337C, 60338C, 60339C, 60342C, 60343C, 60351C, 60352C, 60353C, 60354C, 60355C, 60362C, 60363C, 60364C, 60365C, 60366C, 60367C, 60368C, 60369C, 60370C, 60371C, 60373C, 60374C, 60375C, 60376C, 60377C, 60378C
Group – Species: oak, scots pine, beech, ash	TPO covers large woodland area to the north-eastern side of the A287 (Ewshot Hill) surrounding Combe Wood Cottage and spreading eastwards towards the properties along Church Lane – as marked TPO039 on Sheet No.29 of the General Arrangement Plans	Felling works. Crown lifting/pruning of overhanging branches to prevent damage during plant movements along existing access track at western end of TPO area.	90/00380/HDC 689
Group	Group TPO covers large area encompassing trees and woodland blocks between Ewshot Lane, Tadpole Lane and Beacon Hill Road around the Queen Elizabeth Barracks – as marked TPO040 on Sheet No.30 of the General Arrangement Plans	Felling works through central section of TPO. Crown lifting/pruning of overhanging branches to prevent damage during plant movements through central section, and along street edges.	05/01198/HDC A60925
Group	TPO covers two areas of woodland blocks located to the west and northern sides of Hartland Park – as marked TPO041 on Sheet No.56 of the General Arrangement Plans	Felling works. Crown lifting/pruning of overhanging branches (eastern side of the TPO block to the west of Hartland Park) to prevent damage during construction and use of proposed compound area.	08/01267/TPO 1
Group	TPO covers an area of woodland located to the eastern side of Hartland Park – as marked TPO042 on Sheet Nos. 32 and 56 of the General Arrangement Plans	Felling works throughout north-western quadrant of TPO area to accommodate proposed compound. Crown lifting/pruning of overhanging branches to prevent damage during construction and use of proposed compound area.	08/01267/TPO 1
Group – Species: oak	Trees along western side of Ively Road (A327), to the rear of properties within the adjacent Tarn Close (Nos. 16–20) – as marked TPO043 on Sheet No.33 of the General Arrangement Plans	Crown lifting/pruning of overhanging branches (southern end of TPO area) to prevent damage during adjacent plant movements.	06/00415A/ORDER G2
Individual – Species: oak	TPO located immediately outside the Order limits (northern side) at the end of the private residential property known as No.58 West Heath Road – as marked TPO044 on Sheet No.34 of the General Arrangement Plans	Crown lifting/pruning of overhanging branches to prevent damage if plant/materials require access past the tree.	07/00438/ORDER 438
Individual – Species: ash	TPO identified as being located in the driveway to the front of the private property known as No.74 West Heath Road – as marked TPO045 on Sheet No.34 of the General Arrangement Plans	Crown lifting/pruning of overhanging branches to prevent damage during plant movements past the tree along the adjacent existing access track.	94/00209/ORDER 209
Individual (2No.) – Species: oak	TPO trees located to the rear of properties along Stuart Close (No.9 and No.10) – as marked TPO046 and TPO047 on Sheet No.34 of the General Arrangement Plans	Felling works. Crown lifting/pruning of overhanging branches to prevent damage if plant/materials requires access past trees.	07/00437/ORDER 437 T1 and T2
In the County of Surrey	In the County of Surrey	In the County of Surrey	In the County of Surrey
Group	TPO covers an area surrounding Balmoral Drive, the Sandringham Way ‘loop’ at the southern extent to Lakeside School at the northern extent (St Catherines Road sits along its eastern extent) – as marked TPO048 on Sheet No.36 of the General Arrangement Plans	Balmoral Drive:Crown lifting/pruning of overhanging branches (through centre of TPO area) to prevent damage during plant movements through area. St Catherines Road: Felling works at eastern edge of TPO area to provide works access between Balmoral Drive and St Catherines Road. Crown lifting/pruning of overhanging branches to prevent damage during plant movements through area.	TPO 6/75 A1
Group	TPO incorporates a strong tree belt running through the garden spaces to the east of Pevensey Way, between Tenby Road (cul-de-sac) and St Catherines Road – as marked TPO049 on Sheet No.36 of the General Arrangement Plans	Felling works (northern end of TPO area) to provide space for construction. Crown lifting/pruning of overhanging branches (northern end of TPO area) to prevent damage during plant movements through area.	TPO 7/76 A1
Group – Species: scots pine, sweet chestnut, birch	TPO area located to the eastern side of St Catherines Road, stretching north-eastward into the woodland between two residential properties – as marked TPO050 on Sheet No.36 of the General Arrangement Plans	Crown lifting/pruning of overhanging branches (western edge of TPO area) to prevent damage during plant movements along StCatherines Road.	TPO 12/90 W1
Group	Linear TPO group to rear boundary line of properties along Regent Way, east of Frimley – as marked TPO051 on Sheet No.36 of the General Arrangement Plans	Crown lifting/pruning of overhanging branches (along southern extent of TPO) to prevent damage during adjacent plant movements.	TPO 10/74 A3
Group – Species: scots pine, birch	Large TPO area covering Pine Ridge Golf Course, south of Old Bisley Road, on the eastern edge of Frimley – as marked TPO052 on Sheet Nos.37 and 38 of the General Arrangement Plans	Felling of trees through south-eastern quadrant of TPO area. Crown lifting/pruning of overhanging branches (south-eastern quadrant) to prevent damage to adjacent retained trees during plant movements through the area.	TPO 27/90 W1
Group –Species: scots pine, birch, oak, cypress	The TPO covers the street trees within, and linear belts of trees around, the residential area surrounding Cheylesmore Drive – as marked TPO053 on Sheet No.38 of the General Arrangement Plans	Felling works. Crown lifting/pruning of overhanging branches at southern end of TPO group to prevent damage during plant movements past the area.	TPO 2/84 W1
Group	TPO area extends along the western side of The Maultway between the residential properties at Redwood Drive and Cumberland Road (excluding properties around Buttermere Drive and Brackenwood) – as marked TPO054 on Sheet Nos.38 and 39 of the General Arrangement Plans	Crown lifting/pruning of overhanging branches (eastern edge of TPO area) to prevent damage during plant movements along road.	TPO 31/68 A1
Group –Species: ash, beech, birch, catalpa, sweet chestnut, cherry, cypress, holly, mountain ash, oak, pine, poplar	TPO Group covers residential area around Buttermere Drive. Includes street trees, trees within private gardens, and linear belt immediately adjacent to the Order limits running along The Maultway – as marked TPO055 on Sheet No.39 of the General Arrangement Plans	Crown lifting/pruning of overhanging branches (eastern edge of TPO area) to prevent damage during plant movements along The Maultway.	TPO 11/87 W1
Group – Species: birch, beech, scots pine, aspen	TPO group located on the southern side of Red Road, opposite the junction with Briar Avenue – as marked TPO056 on Sheet No.40 of the General Arrangement Plans	Crown lifting/pruning of overhanging branches (northern edge of TPO area) to prevent damage during plant movements along Red Road.	TPO 31/89 W1
Group – Species: birch, alder, oak	TPO area covers trees on the north side of Red Road and within the gardens of the private residential properties at the southern end of the adjacent close off Blackthorn Drive – as marked TPO057 on Sheet No.40 of the General Arrangement Plans	Felling works. Crown lifting/pruning of overhanging branches (southern edge of TPO area) to prevent damage during plant movements along Red Road.	TPO 12/85 G3
Group – Species: beech, oak, birch, poplar	TPO area covers trees on the north side of Red Road and within the gardens of private residential properties at the south-eastern end of the adjacent close off Blackthorn Drive – as marked TPO058 on Sheet No.40 of the General Arrangement Plans	Felling works. Crown lifting/pruning of overhanging branches (southern edge of TPO area) to prevent damage during plant movements along Red Road.	TPO 12/85 G2
Group – Species: alder	TPO area covers trees to the western side of the junction between Briar Avenue and Red Road – as marked TPO059 on Sheet No.40 of the General Arrangement Plans	Felling works. Crown lifting/pruning of overhanging branches (southern edge of TPO area) to prevent damage during plant movements along Red Road.	TPO 12/85 G1
Individual (3No.) – Species: oak	Three TPO trees along southern edge of Red Road, east of the large TPO group (TPO 31/89 W1) and west of the junction with Lightwater Road – as marked TPO060, TPO061 and TPO062 on Sheet No.40 of the General Arrangement Plans	Crown lifting/pruning of overhanging branches (northern edge of TPO trees) to prevent damage during plant movements along Red Road.	TPO 31/89 T1, T2 and T3
Group	Large TPO group covering residential area around Colville Gardens – as marked TPO063 on Sheet No.40 of the General Arrangement Plans	Crown lifting/pruning of overhanging branches (southern edge of TPO area) to prevent damage during plant movements along public footpath.	TPO 8/76 A1
Group	Large TPO group covering residential area around Heronscourt – as marked TPO064 on Sheet No.40 of the General Arrangement Plans	Crown lifting/pruning of overhanging branches (southern edge of TPO area) to prevent damage during plant movements along public footpath.	TPO 1/75 A1
Group – Species: scots pine, oak, birch	TPO group covering residential area around Sundew Close– as marked TPO065 on Sheet No.41 of the General Arrangement Plans	Felling works. Crown lifting/pruning of overhanging branches (south-western edge of TPO area) to prevent damage during plant movements along road.	TPO 18/86 W1
Group – Species: oak, horse chestnut, field maple	Linear belt of trees forming field boundary along Halebourne Lane, running immediately north of public bridleway (shown as PRoW No.41 on the Access & Rights of Way Plans) – as marked TPO066 on Sheet No.42 of the General Arrangement Plans	Felling works. Crown lifting/pruning of overhanging branches (southern end of TPO area) to prevent damage during plant movements through tree belt.	TPO 58/89 G10
Group – Species: horse chestnut, ash	Linear belt of trees forming field boundary along Halebourne Lane, running immediately south of public bridleway (shown as PRoW No.41 on the Access & Rights of Way Plan) – as marked TPO067 on Sheet No.42 of the General Arrangement Plans	Felling works. Crown lifting/pruning of overhanging branches (northern end of TPO area) to prevent damage during plant movements through tree belt.	TPO 58/89 G11
Group – Species: alder	Linear belt of trees along watercourse, forming field boundary between two arable fields, east of Halebourne Lane – as marked TPO068 on Sheet No.42 of the General Arrangement Plans	Felling works. Crown lifting/pruning of overhanging branches (southern end of TPO area) to prevent damage during plant movements through tree belt.	TPO 58/89 G2
Group	TPO covers parallel linear belts of trees running around Foxhills Country Club – as marked TPO069 on Sheet Nos. 45, 46 and 47 of the General Arrangement Plans	Felling works. Crown lifting/pruning of overhanging branches (where the Order limits cross through or immediately adjacent to TPO tree belts) to prevent damage during plant movements and to provide proposed ecological mitigation area.	TPO 6
Group	TPO covers linear belt of trees running along the western side of Hardwick Lane, starting immediately north of the existing access way into Hardwick Park Farm – as marked TPO070 on Sheet No.58 of the General Arrangement Plans	Felling works. Crown lifting/pruning of overhanging branches (southern end of TPO area) to prevent damage from plant movements at proposed access point.	TPO 410
Group	TPO covers various small groups, linear belts and individual trees within the area between Hardwick Lane, Guildford Road and the M25 Motorway – as marked TPO071 on Sheet No.47 of the General Arrangement Plans	Felling works. Crown lifting/pruning of overhanging branches to prevent damage from plant movements.	TPO 433
Group (2 No. overlapping)	TPOs cover area to the east of the M25 Motorway, south of Guildford Road and surrounding Sandgates residential complex. TPOs cover dense woodland blocks and scattered trees – as marked TPO072 and TPO073 on Sheet No.47 of the General Arrangement Plans	Felling works. Crown lifting/pruning of overhanging branches (southern end of TPO groups) to prevent damage from plant movements.	TPOs 403 and 174
Group	TPO covers northern edge of woodland block, south of residential properties around Canford Drive– as marked TPO074 on Sheet No.48 of the General Arrangement Plans	Felling works. Crown lifting/pruning of overhanging branches (western end of TPO group) to prevent damage from plant movements.	TPO 42
Group	Linear belt of TPO trees located on the eastern side of Ashford Road extending northwards between the Queen Mary Reservoir Intake Channel and Staines Reservoirs Aqueduct – as marked TPO075 on Sheet No.51 of the General Arrangement Plans	Felling works to allow construction of valve unit (northern end of TPO Group). Crown lifting/pruning of overhanging branches (western edge of TPO group) to prevent damage during plant movements past the trees.	TPO001STA 001STAA001
Group	Small group of trees located to the western side of Ashford Road between two residential properties (151 The Priory and 165) – as marked TPO076 on Sheet No.51 of the General Arrangement Plans	Felling works. Crown lifting/pruning of overhanging branches (eastern edge of TPO group) to prevent damage during plant movements past the trees.	TPO040STA 040STAG001
Group	Small group of trees located to the western side of Ashford Road, between a residential property and Greenway Drive – as marked TPO077 on Sheet No.51 of the General Arrangement Plans	Crown lifting/pruning of overhanging branches to prevent damage during plant movements past the trees (eastern edge of TPO group).	TPO040STA 040STAG005
Group –Species: lime, poplar	TPO group covers linear section of trees within wider tree belt adjacent to railway line (northern side), east of Church Road and Ashford Station within the grounds of St James Senior Boys School – as marked TPO078 on Sheet No.52 of the General Arrangement Plans	Felling works. Crown lifting/pruning of overhanging branches (western end of TPO group) to prevent damage from plant movements.	TPO030STA 030STAG003
Group – Species: sycamore, scots pine, yew, elm, holly	TPO covers tree belt along edge of St James Senior Boys School sports field, adjacent to Church Road (eastern side) – as marked TPO079 on Sheet No.52 of the General Arrangement Plans	Felling works. Crown lifting/pruning of overhanging branches (south-east, eastern and northern edges of TPO group) to prevent damage during plant movements.	TPO030STA 030STAG002
Group – Species: lime	Line of individual (avenue) trees running between the edge of the driveway and sports field within St James Senior Boys School – as marked TPO080 on Sheet No.52 of the General Arrangement Plans	Felling works. Crown lifting/pruning of overhanging branches (southern end of TPO group) to prevent damage during plant movements through the tree line.	TPO030STA 030STAG0001
Group – Species: elm, acacia, lime, sycamore, hornbeam, horse chestnut	TPO covers block of trees located at northern end of St James Senior Boys School driveway, running from the tennis courts (to the east) across the northern end of the school buildings – as marked TPO081 on Sheet No.52 of the General Arrangement Plans	Felling works. Crown lifting/pruning of overhanging branches (through central section of TPO group) to prevent damage during plant movements through the trees.	TPO030STA 030STAG008

SCHEDULE 9 — PROTECTIVE PROVISIONS

PART 1 — FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWAGE UNDERTAKERS

Application

1

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

Interpretation

2

In this Part of this Schedule—

• “alternative apparatus” means alternative apparatus adequate to enable the utility undertaker in question to fulfil its statutory functions in a manner no less efficient than previously;

• “apparatus” means— in the case of a licence holder within the meaning of Part 1 of the Electricity Act 1989, electric lines or electrical plant (as defined in the Electricity Act 1989[^f00079]), belonging to or maintained by that undertaker; in the case of a gas transporter within the meaning of Part 1 of the Gas Act 1986, any mains, pipes or other apparatus belonging to or maintained by a gas transporter within the meaning of Part 1 of the Gas Act 1986[^f00080] for the purposes of gas supply; in the case of a water undertaker within the meaning of the Water Industry Act 1991, mains, pipes or other apparatus belonging to or maintained by that undertaker for the purposes of water supply; and in the case of a sewerage undertaker within the meaning of Part 1 of the Water Industry Act 1991— any drain or works vested in the undertaker under the Water Industry Act 1991[^f00081]; 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;

• “plan” includes all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe the works to be executed;

• “utility 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; 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, and in relation to any apparatus, means the undertaker to whom it belongs or by whom it is maintained.

On street apparatus

3

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

Apparatus in stopped up streets

4

Regardless of the temporary stopping up or diversion of any highway under the powers conferred by article 13 (temporary closure, alteration, diversion or restriction of streets and public rights of way), a utility undertaker is at liberty at all times to take all necessary access across any such stopped up highway and to execute and do all such works and things in, upon or under any such highway as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the stopping up or diversion was in that highway.

Protective works to buildings

5

The undertaker, in the case of the powers conferred by article 19 (protective work to buildings), must exercise those powers so as not to obstruct or render less convenient the access to any apparatus.

Acquisition of apparatus

6

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.

Removal of apparatus

7

• (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 or requires that the utility undertaker’s apparatus is relocated or diverted, that apparatus must not be removed under this Part of this Schedule, and any right of a utility 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 utility undertaker in question in accordance with sub-paragraphs (2) to (6).

• (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, the undertaker must give to the utility undertaker in question 28 days’ written notice of that requirement, together with a plan and section of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order an undertaker reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to the utility undertaker the necessary facilities and rights for the construction of alternative apparatus in other land of the undertaker and subsequently for the maintenance of that apparatus.

• (3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2) in the land in which the alternative apparatus or part of such apparatus is to be constructed the utility 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 the land in which the alternative apparatus is to be constructed.

• (4) Any alternative apparatus to be constructed in land of the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between the utility undertaker in question and the undertaker or in default of agreement settled by arbitration in accordance with article 48 (arbitration).

• (5) The utility undertaker in question must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 48, and after the grant to the utility undertaker of any such facilities and rights as are referred to in sub-paragraphs (2) or (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.

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

Facilities and rights for alternative apparatus

8

• (1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to a utility undertaker facilities and rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities and rights are to be granted upon such terms and conditions as may be agreed between the undertaker and the utility undertaker in question or in default of agreement settled by arbitration in accordance with article 48 (arbitration).

• (2) If the facilities and rights to be afforded by the undertaker in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to the utility undertaker in question than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator must make such provision for the payment of compensation by the undertaker to that utility undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

Retained apparatus

9

• (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 apparatus the removal of which has not been required by the undertaker under paragraph 7(2), the undertaker must submit to the utility undertaker in question a plan of the works to be executed.

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

• (3) Any requirements made by a utility undertaker under sub-paragraph (2) must be made within a period of 21 days beginning with the date on which a plan under sub-paragraph (1) is submitted to it.

• (4) If a utility 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 3 and 6 to 8 apply as if the removal of the apparatus had been required by the undertaker under paragraph 7(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 instead of the plan previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan.

• (6) The undertaker is not required to comply with sub-paragraph (1) in a case of emergency but in that case must give to the utility undertaker in question notice as soon as is reasonably practicable and a plan of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (3) in so far as is reasonably practicable in the circumstances.

Expenses and costs

10

• (1) Subject to the following provisions of this paragraph, the undertaker must repay to a utility undertaker all expenses reasonably incurred by that utility undertaker in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any such works as are referred to in paragraph 7(2).

• (2) There must be deducted from any sum payable under subparagraph (1) the value of any apparatus removed under the provisions of this Part of this Schedule 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 situated,

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 utility undertaker in question by virtue of sub-paragraph (1) must 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 pipe or 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 utility undertaker in respect of works by virtue of sub-paragraph (1), 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 utility undertaker any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, is to be reduced by the amount which represents that benefit.

11

• (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any such works referred to in paragraphs 5 or 7(2), or by reason of any subsidence resulting from such development or works, any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of a utility undertaker, or there is any interruption in any service provided, or in the supply of any goods, by any utility undertaker, the undertaker must—

• (a) bear and pay the cost reasonably incurred by that utility undertaker in making good such damage or restoring the supply; and

• (b) make reasonable compensation to that utility undertaker for any other expenses, loss, damages, penalty or costs incurred by the undertaker,

• (c) by reason or in consequence of any such damage or interruption.

• (2) The fact that any act or thing may have been done by a utility undertaker on behalf of the undertaker or in accordance with a plan approved by a utility undertaker or in accordance with any requirement of a utility undertaker or under its supervision does not, subject to sub-paragraph (3), excuse the undertaker from liability under the provisions of sub-paragraph (1).

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

• (4) A utility undertaker must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise is to be made without the consent of the undertaker who, if withholding such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

Cooperation

12

Where in consequence of the proposed construction of any of the authorised development, the undertaker or a utility undertaker requires the removal of apparatus under paragraph 7(2) or a utility undertaker makes requirements for the protection or alteration of apparatus under paragraph 9, the undertaker must use best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe and efficient operation of the utility undertaker’s undertaking and each utility undertaker must use its best endeavours to co-operate with the undertaker for that purpose.

13

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

PART 2 — FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

Application

14

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

Interpretation

15

In this Part of this Schedule—

• “the 2003 Act” means the Communications Act 2003[^f00082];

• “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 2003 Act[^f00083];

• “electronic communications code network” means— so much of an electronic communications network or infrastructure 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 (application of the electronic communications code) of the 2003 Act; and an electronic communications network which the undertaker 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 2003 Act;

• “infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7(2) of that code; and

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

Electronic communications apparatus installed on, under or over any land

16

The exercise of the powers conferred by article 34 (statutory undertakers) is subject to Part 10 (undertaker’s works affecting electronic communications apparatus) of the electronic communications code.

Compensation

17

• (1) Subject to sub-paragraphs (2) to (4), if as the result of the authorised development or its construction, or of any subsidence resulting from any of those works—

• (a) 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; or

• (b) there is any interruption in the supply of the service provided by an operator,

the undertaker must bear and pay the cost reasonably incurred by the operator in making good such damage or restoring the supply and make reasonable compensation to that operator for any other expenses, loss, damages, penalty or costs incurred by it, by reason, or in consequence of, any such damage or interruption.

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

• (3) The operator must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise of the claim or demand is to be made without the consent of the undertaker who, if withholding such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

• (4) Any difference arising between the undertaker and the operator under this Part of this Schedule must be referred to and settled by arbitration under article 48 (arbitration).

• (5) 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 (street works in England and Wales) of the 1991 Act; or

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

• (6) 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 — FOR THE PROTECTION OF RAILWAY INTERESTS

18

The provisions of this Part have effect unless otherwise agreed in writing between the undertaker and Network Rail and in the case of paragraph 32 any other person on whom rights or obligations are conferred by that paragraph.

19

In this Part—

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

• “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 1993[^f00084];

• “Network Rail” means Network Rail Infrastructure Limited (registered company number 2904587) 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[^f00085]) 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; any station, land, works, apparatus and equipment belonging to Network Rail or connected with any such railway; and any easement or other property interest held or used by Network Rail for the purposes of such railway or works, apparatus or equipment;