The Reinforcement to the North Shropshire Electricity Distribution Network Order 2020

• “deed of consent” means a deed of consent, crossing agreement, deed of variation or new deed of grant agreed between the parties acting reasonably in order to vary or replace existing easements, agreements, enactments and other such interests so as to secure land rights and interests as are necessary to carry out, maintain, operate and use the apparatus in a manner consistent with the terms of this Part of this Schedule;

• “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, across, along or upon such land;

• “maintain” and “maintenance” includes the ability and right to do any of the following in relation to any apparatus or alternative apparatus of National Grid including construct, use, repair, alter, inspect, renew or remove the apparatus;

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

• “National Grid” means National Grid Electricity Transmission PLC (Company No. 2366977) whose registered office is at 1-3 Strand, London, WC2N 5EH or any of its entities or successor entities;

• “specified works” means any of the authorised development or activities undertaken in association with the authorised development which—will or may be situated over, or within 15 metres (measured in any direction) of any apparatus the removal of which has not been required by the undertaker under paragraph 56(2) or otherwise;may in any way adversely affect any apparatus the removal of which has not been required by the undertaker under paragraph 56(2) or otherwise; orinclude any of the activities that are referred to in National Grid's polices for development near overhead lines EN43-8 and HSE's guidance note 6 “Avoidance of Danger from Overhead Lines”.

On Street Apparatus

54

Except for paragraphs 58, 59 and 60 of this Schedule which will apply in respect of the exercise of all or any powers under the Order affecting the rights and apparatus of National Grid, the other provisions of this Schedule do not apply to apparatus in respect of which the relations between the undertaker and National Grid are regulated by the provisions of Part 3 of the 1991 Act.

Acquisition of land

55

• (1) Regardless of any provision in this Order or anything shown on the land plans or contained in the book of reference to the Order, the undertaker may not appropriate or acquire or take temporary possession of any land interest or appropriate, acquire, extinguish, interfere with or override any easement, other interest or right or apparatus of National Grid without the consent of National Grid, which must not be unreasonably withheld or delayed.

• (2) As a condition of agreement between the parties in sub-paragraph (1), prior to the carrying out of any part of the authorised development (or in such other timeframe as may be agreed between National Grid and the undertaker) that are subject to the requirements of this Part of this Schedule that will cause any conflict with or breach the terms of any easement or other legal or land interest of National Grid or affects the provisions of any enactment or agreement regulating the relations between National Grid and the undertaker in respect of any apparatus laid or erected in land belonging to or secured by the undertaker, the undertaker must as National Grid reasonably requires enter into such deeds of consent upon such terms and conditions as may be agreed between National Grid and the undertaker acting reasonably and which must be no less favourable on the whole to National Grid unless otherwise agreed by National Grid, and it will be the responsibility of the undertaker to procure or secure the consent and entering into of such deeds and variations by all other third parties with an interest in the land at that time who are affected by such authorised development.

• (3) Where there is any inconsistency or duplication between the provisions set out in Part 5 of this Schedule relating to the relocation or removal of apparatus (including but not limited to the payment of costs and expenses relating to such relocation or removal of apparatus) and the provisions of any existing easement, rights, agreements and licences granted, used, enjoyed or exercised by National Grid or other enactments relied upon by National Grid as of right or other use in relation to the apparatus, then the provisions in Part 5 of this Schedule will prevail.

• (4) No agreement or consent granted by National Grid under any other paragraph of Part 5 of this Schedule constitutes agreement under sub-paragraph (1).

Removal of apparatus

56

• (1) If, in the exercise of the agreement reached in accordance with paragraph 55 or in any other authorised manner, the undertaker acquires any interest in any land in which any apparatus is placed, that apparatus must not be removed under this Part of this Schedule and any right of National Grid 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 National Grid in accordance with sub-paragraphs (2) to (5) inclusive.

• (2) If, for the purpose of executing any specified works in, on, under or over any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, it must give to National Grid at least 56 days' advance written notice of that requirement, together with a plan 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 National Grid reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), secure any necessary consents for the alternative apparatus and afford to National Grid to its satisfaction (taking into account paragraph 57(1) below) the necessary facilities and rights—

• (a) for the construction of alternative apparatus in other land of or land secured by the undertaker; and

• (b) subsequently for the use and maintenance of that apparatus.

• (3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of or land secured by 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, National Grid must, on receipt of a written notice to that effect from the undertaker, take such steps as are reasonable in the circumstances in an endeavour to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed save that this obligation does not extend to the requirement for the National Grid to seek or use any compulsory purchase powers to this end unless it elects to so do.

• (4) Any alternative apparatus to be constructed in land of or land secured by 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 National Grid and the undertaker.

• (5) National Grid must, after the alternative apparatus to be provided or constructed has been agreed, and subject to the prior grant to National Grid of any such facilities and rights as are referred to in sub-paragraph (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) Where there is any inconsistency or duplication between the provisions set out in this Part of this Schedule relating to the relocation or removal of apparatus/including but not limited to the payment of costs and expenses relating to such relocation or removal of apparatus) and the provisions of any existing easement, rights, agreements and licences granted, used, enjoyed or exercised by National Grid or other enactments relied upon by National Grid as of right or other use in relation to the apparatus, then the provisions in Part 5 of this Schedule will prevail.

Facilities and rights for alternative apparatus

57

• (1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to or secures for National Grid facilities and rights in land for the construction, use, maintenance and protection of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and National Grid and must be no less favourable on the whole to National Grid than the facilities and rights enjoyed by it in respect of the apparatus to be removed unless otherwise agreed by National Grid.

• (2) If the facilities and rights to be afforded by the undertaker and agreed with National Grid under sub-paragraph (1) above in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are less favourable on the whole to National Grid 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 in the matter will be referred to arbitration in accordance with paragraph 64 of this Part of this Schedule and the arbitrator must make such provision for the payment of compensation by the undertaker to National Grid as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

Retained apparatus: Protection of National Grid as Electricity Undertaker

58

• (1) Not less than 56 days before the commencement of any specified work that is near to or will or may affect any apparatus, the removal of which has not been required by the undertaker under paragraph 56(2), the undertaker must submit to National Grid a plan of the works to be executed and seek from National Grid details of the underground extent of their electricity tower foundations.

• (2) In relation to specified works which will or may be situated on, over, under or within (i) 15 metres measured in any direction of any apparatus, or (ii) involve embankment works within 15 metres of any apparatus, the plan to be submitted to National Grid under sub-paragraph (1) must include a method statement and show and describe—

• (a) the exact position of the specified works;

• (b) the level at which the specified works are proposed to be constructed or renewed;

• (c) the manner of their construction or renewal including details of excavation, positioning of plant;

• (d) the position of all apparatus;

• (e) by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus;

• (f) any intended maintenance regimes; and

• (g) an assessment of risks of rise of earth issues.

• (3) In relation to any works which will or may be situated on, over, under or within 10 metres of any part of the foundations of an electricity tower or between any two or more electricity towers, the plan to be submitted under sub-paragraph (1) must, include a method statement which, in addition to the matters set out in sub-paragraph (2), must—

• (a) describe details of any cable trench design including route, dimensions, clearance to pylon foundations;

• (b) demonstrate that pylon foundations will not be affected prior to, during and post construction;

• (c) describe details of load bearing capacities of trenches;

• (d) describe details of cable installation methodology including access arrangements, jointing bays and backfill methodology;

• (e) provide a written management plan for high voltage hazard during construction and ongoing maintenance of the cable route;

• (f) provide written details of the operations and maintenance regime for the cable, including frequency and method of access;

• (g) provide an assessment of earth rise potential if reasonably required by National Grid's engineers; and

• (h) provide evidence that trench bearing capacity is to be designed to 26 tonnes to take the weight of overhead line construction traffic.

• (4) The undertaker must not commence any works to which sub-paragraphs (2) or (3) apply until National Grid has given written approval of the plan so submitted provided that National Grid will not unreasonably delay notification of its approval or disapproval.

• (5) Any approval of the National Grid required under sub-paragraphs (2) or (3)—

• (a) may be given subject to reasonable conditions for any purpose mentioned in sub-paragraphs (6) or (8); and

• (b) must not be unreasonably withheld or delayed.

• (6) In relation to any work requiring the submission of a plan under sub-paragraph (1), National Grid may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing its apparatus against interference or risk of damage or for the purpose of providing or securing proper and convenient means of access to any apparatus and National Grid must notify the undertaker of such modifications within a period of 56 days beginning with the date on which the plan required under sub-paragraph (1) has been submitted to National Grid.

• (7) Works requiring the submission of a plan under sub-paragraph (1) must only be executed in accordance with the plan as approved or as amended from time to time by agreement between the undertaker and National Grid and in accordance with such reasonable requirements as may be made in accordance with sub-paragraphs (5), (6), (8) or (9) by National Grid for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and National Grid will be entitled to watch and inspect the execution of those works.

• (8) Where National Grid reasonably requires any protective works to be carried out by itself or by the undertaker (whether of a temporary or permanent nature) such protective works, inclusive of any measures or schemes required and approved as part of the plan approved pursuant to this paragraph, must be carried out to National Grid's satisfaction prior to the commencement of any authorised development (or any relevant part thereof) for which protective works are required and National Grid must give 56 days' notice of such works from the date of submission of a plan pursuant to this paragraph (except in an emergency).

• (9) If National Grid in accordance with sub-paragraphs (6) or (8) 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, sub-paragraphs (1) to (3) and (5) to (7) apply as if the removal of the apparatus had been required by the undertaker under paragraph 56(2).

• (10) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of the authorised development, a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph will apply to and in respect of the new plan.

• (11) The undertaker will not be required to comply with sub-paragraph (1) where it needs to carry out emergency works as defined in the 1991 Act but in that case it must give to the National Grid notice as soon as is reasonably practicable and a plan of those works and must—

• (a) comply with sub-paragraphs (6), (7) and (8) insofar as is reasonably practicable in the circumstances; and

• (b) comply with sub-paragraph (12) at all times.

• (12) At all times when carrying out any works authorised under the Order, the undertaker must comply with National Grid's policies for development near overhead lines EN43-8 and HSE's guidance note 6 “Avoidance of Danger from Overhead Lines”.

Expenses

59

• (1) Subject to the following provisions of this paragraph, the undertaker must pay to National Grid on demand all reasonable charges, costs and expenses reasonably anticipated or incurred by National Grid in consequence of the execution of any authorised development including without limitation in respect of:—

• (a) any costs reasonably incurred by or compensation properly paid by National Grid in connection with the acquisition of rights or the exercise of statutory powers for such apparatus including without limitation all costs incurred by National Grid as a consequence of National Grid—

• (i) using its own compulsory purchase powers to acquire any necessary rights under paragraph 56(3); or

• (ii) exercising any compulsory purchase powers in the Order transferred to or benefitting National Grid;

• (b) in connection with the cost of the carrying out of any diversion work or the provision of any alternative apparatus;

• (c) the cutting off of any apparatus from any other apparatus or the making safe of redundant apparatus;

• (d) the approval of plans;

• (e) the carrying out of protective works, plus a capitalised sum to cover the cost of maintaining and renewing permanent protective works; and

• (f) the survey of any land, apparatus or works, the inspection and monitoring of works or the installation or removal of any temporary works reasonably necessary in consequence of the execution of any such works referred to in this Part of this Schedule.

• (2) There will be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Part of this Schedule and which is not re-used as part of the alternative apparatus, 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 38 (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 National Grid by virtue of sub-paragraph (1) will 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 will not 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 will 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 National Grid in respect of works by virtue of sub-paragraph (1) will, 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 National Grid any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

Indemnity

60

• (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any such works authorised by this Part of this Schedule or in consequence of the construction, use, maintenance or failure of any of the authorised development by or on behalf of the undertaker or in consequence of any act or default of the undertaker (or any person employed or authorised by him) in the course of carrying out such works, including without limitation works carried out by the undertaker under this Part of this Schedule or any subsidence resulting from any of these 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 the authorised development) or property of National Grid the undertaker is liable for the cost reasonably incurred by National Grid in making good such damage, or there is any interruption in any service provided, or in the supply of any goods by National Grid, or National Grid becomes liable to pay any amount to any third party, the undertaker will—

• (a) bear and pay on demand the cost reasonably incurred by National Grid in making good such damage or restoring the supply; and

• (b) indemnify National Grid for any other expenses, loss, demands, proceedings, damages, claims, penalties or costs incurred by or recovered from National Grid, by reason or in consequence of any such damage or interruption or National Grid becoming liable to any third party as aforesaid other than arising from any default of National Grid.

• (2) The fact that any act or thing may have been done by National Grid on behalf of the undertaker or in accordance with a plan approved by National Grid or in accordance with any requirement of National Grid or under its supervision does not (unless sub-paragraph (3) applies), excuse the undertaker from liability under the provisions of this sub-paragraph (1) unless National Grid fails to carry out and execute the works properly with due care and attention and in a skilful and workman like manner or in a manner that does not accord with the approved plan (or as otherwise agreed between the undertaker and National Grid pursuant to paragraph 59).

• (3) Nothing in sub-paragraph (1) imposes any liability on the undertaker in respect of-

• (a) any damage or interruption to the extent that it is attributable to the neglect or default of National Grid, its officers, servants, contractors or agents; and

• (b) any authorised development or any other works authorised by this Part of this Schedule carried out by National Grid as an assignee, transferee or lessee of National Grid with the benefit of the Order pursuant to section 156 of the Planning Act 2008 (benefit of order granting development consent) or article 8 (consent to transfer benefit of the Order) subject to the proviso that once such works become apparatus (“new apparatus”), any authorised development yet to be executed and not falling within this sub-paragraph 3(b) will be subject to the full terms of Part 5 of this Schedule including this paragraph .

• (4) National Grid must give the undertaker reasonable notice of any such third party claim or demand and no settlement or compromise must, unless payment is required in connection with a statutory compensation scheme, be made without first consulting the undertaker and considering its representations.

• (5) The undertaker must not commence construction (and must not permit the commencement of such construction) of the authorised development on any land in respect of which National Grid has an easement or wayleave for its apparatus or any other interest or carry out any works within 15 metres of National Grid's apparatus unless and until National Grid is satisfied acting reasonably (but subject to all necessary regulatory constraints) that the undertaker has procured acceptable insurance (and provided evidence to National Grid that it must maintain such acceptable insurance for the construction period of the authorised development from the proposed date of commencement of construction of the authorised development) and National Grid has confirmed the same in writing to the undertaker.

• (6) In the event that the undertaker fails to comply with sub-paragraph (5), nothing in Part 5 of this Schedule will prevent National Grid from seeking injunctive relief (or any other equitable remedy) in any court of competent jurisdiction.

Enactments and agreements

61

Save to the extent provided for to the contrary elsewhere in this Part of this Schedule or by agreement in writing between National Grid and the undertaker, nothing in this Part of this Schedule will affect the provisions of any enactment or agreement regulating the relations between the undertaker and National Grid in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.

Co-operation

62

• (1) Where in consequence of the proposed construction of any of the authorised development, the undertaker or National Grid requires the removal of apparatus under paragraph 56(2) or National Grid makes requirements for the protection or alteration of apparatus under paragraph 58, the undertaker must use its 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 National Grid's undertaking and National Grid must use its best endeavours to co-operate with the undertaker for that purpose.

• (2) For the avoidance of doubt whenever National Grid's consent, agreement or approval to is required in relation to plans, documents or other information submitted by the undertaker or the taking of action by the undertaker, it must not be unreasonably withheld or delayed.

Access

63

If in consequence of the agreement reached in accordance with paragraph 55(1) or the powers granted under this Order the access to any apparatus is materially obstructed, the undertaker must provide such alternative means of access to such apparatus as will enable National Grid to maintain or use the apparatus no less effectively than was possible before such obstruction.

Arbitration

64

Save for differences or disputes arising under paragraphs 56(2), 56(4), 57(1), 58 any difference or dispute arising between the undertaker and National Grid under this Part of this Schedule must, unless otherwise agreed in writing between the undertaker and National Grid, be determined by arbitration in accordance with article 38 (arbitration).

Notices

65

The plans submitted to National Grid by the undertaker pursuant to paragraph 58(1) must be sent to National Grid Plant Protection at plantprotection@nationalgrid.com or such other address as National Grid may from time to time appoint instead for that purpose and notify to the undertaker in writing.

PART 6 — FOR THE PROTECTION OF HIGHWAYS ENGLAND

Application

66

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

Interpretation

67

• (1) Where terms defined in article 2 are inconsistent with the terms defined in sub-paragraph (2) below, the latter prevail.

• (2) In this Part of this Schedule—

• “the contractor” means any contractor or sub-contractor appointed by the undertaker to construct the HE works;

• “the detailed design information” means details of the following where applicable to the HE works—site clearance details;boundary and mitigation fencing;road restraints systems and supporting road restraint risk appraisal process assessment;drainage and ducting and supporting drainage calculations;earthworks including supporting geotechnical assessments and any required strengthened earthworks appraisal form certification;kerbs, footways and paved areas;traffic signs and road markings;traffic signal equipment and associated signal phasing and timing detail;road lighting (including columns and brackets) and supporting lighting calculations;electrical work for road lighting, traffic signs and signals;highway structures and any required structural approval in principle;landscaping;proposed departures from DMRB requirements;utilities diversions;topographical survey;site waste management plan;maintenance and repair strategy in accordance with Designing for Maintenance Interim Advice Note 69/15 or any replacement or modification of it;asbestos survey;regime of core testing and sampling of existing trunk road pavement construction;site investigation survey;health and safety information; andother such information used to inform the detailed design of the HE works that may be required by Highways England;

• “DMRB” means the Design Manual for Roads and Bridges or any replacement or modification of it;

• “the estimated costs” means the estimated costs in respect of the HE works agreed pursuant to paragraph 70 of this Schedule;

• “the HE works” means the part of Work No.2 of the authorised development which directly affects the A5(T) near Long Wood at Middleton being the directional drilling and installation of an underground cable conduit and 132kV cable under the A5(T);

• “the nominated persons” means the undertaker's representatives or the contractor's representatives on site during construction of the HE works, as notified to Highways England from time to time;

• “the programme of works” means a document setting out the sequence and timetabling of the HE works; and

• “utilities” means any pipes, wires, cables or other equipment belonging to any person or body having power or consent to undertake street works under the 1991 Act.

Prior approvals

68

• (1) The HE works must not commence until—

• (a) the detailed design of the HE works comprising of the following details has been submitted to and approved by Highways England—

• (i) the detailed design information;

• (ii) the programme of works;

• (iii) details of proposed road space bookings;

• (iv) a scheme of traffic management; and

• (v) the identity of the contractor and nominated persons.

• (b) all necessary temporary traffic regulation measures have been made by the undertaker under article 11(1) (temporary prohibition or restriction of use of streets and public rights of way) or 12(3) (traffic regulation), or all necessary temporary traffic regulation orders have been made by Highways England;

• (c) at least 28 days' notice of the commencement date of the HE works has been given to Highways England in writing, unless otherwise agreed by Highways England.

• (2) Highways England must use its best endeavours to notify the undertaker of its approval or, as the case may be, of its disapproval and the grounds of disapproval, within 42 days of the information required by sub-paragraph (1)(a) being received by Highways England. Highways England must give reasons for any disapproval and must not unreasonably delay its approval to the undertaker.

• (3) In the event of any disapproval, the undertaker may re-submit the information required by sub-paragraph (1)(a) with modifications and Highways England must use its best endeavours to notify the undertaker of its approval or, as the case may be, of its disapproval and the grounds of disapproval, within 42 days of the revised detailed design information being received by Highways England. Highways England must give reasons for any further disapproval and must not unreasonably withhold or delay consent.

• (4) The documents and programmes approved under sub-paragraphs (1) and (2) may be subsequently amended by agreement between the undertaker and Highways England from time to time, both parties acting reasonably.

• (5) Within 28 days of receipt of a written request by the undertaker and in any event prior to the commencement of the HE works, Highways England must inform the undertaker of the identity of the person who will act as the point of contact on behalf of Highways England for consideration of the information required under sub-paragraph (1).

Construction of the HE works

69

• (1) The HE works must be constructed to the satisfaction of Highways England acting reasonably and in accordance (where relevant) with—

• (a) the information approved under paragraph 68(1) or as subsequently varied by agreement between the undertaker and Highways England;

• (b) the DMRB and the Specification for Highway Works (contained within the Manual of Contract Documents for Highways Works) together with all other relevant standards as required by Highways England (to include all relevant interim advice notes, the Traffic Signs Manual 2008 and any amendment to or replacement of such standards for the time being in force), save to the extent that exceptions to those standards apply which have been approved by Highways England under paragraph 68(1) in respect of the HE works;

• (c) the Traffic Signs Regulations and General Directions 2016 or any amendment to or replacement of them; and

• (d) all aspects of the Construction (Design and Management) Regulations 2015 or any amendment to or replacement of them.

• (2) The undertaker must permit and must require the contractor to permit at all reasonable times persons authorised by Highways England (whose identity must have been previously notified to the undertaker and the contractor by Highways England) to gain access to the HE works for the purposes of inspection and supervision of the HE works.

• (3) The undertaker must permit and must require the contractor to act upon any reasonable request made by Highways England in relation to the construction of the HE works as soon as reasonably practicable provided such a request is not inconsistent with and does not fall outside the contractor's obligations under its contract with the undertaker or the undertaker's obligations under this Order.

• (4) If any part of the HE works is constructed otherwise than in accordance with the requirements of this Part of this Schedule, Highways England may by notice in writing require the undertaker, at the undertaker's own expense, to comply with the requirements of this Part of this Schedule.

• (5) If within 28 days of the date on which a notice under sub-paragraph (4) is served on the undertaker, the undertaker has failed to take the steps required by that notice, Highways England may carry out works to reinstate the highway and other land and premises of Highways England, and Highways England may recover from the undertaker any expenditure reasonably incurred by it in so doing.

• (6) If during construction of the HE works the undertaker causes any damage to the A5(T) then Highways England may by notice in writing require the undertaker, at the undertaker's own expense, to remedy the damage.

• (7) If within 28 days of the date on which a notice under sub-paragraph (6) is served on the undertaker, the undertaker has failed to take steps to comply with the notice, Highways England may carry out the steps required of the undertaker and may recover from the undertaker any expenditure reasonably incurred by Highways England in so doing.

• (8) Nothing in this Part of this Schedule prevents Highways England from carrying out any work or taking such action as it reasonably believes to be necessary as a result of the construction of the HE works without prior notice to the undertaker in the event of an emergency or to prevent the occurrence of danger to the public and Highways England may recover from the undertaker any reasonable expenditure incurred by Highways England in so doing.

• (9) In constructing the HE works, the undertaker must at its own expense divert or protect all utilities and all agreed alterations and reinstatement of highway over existing utilities must be constructed to the reasonable satisfaction of Highways England.

Payments

70

• (1) The undertaker must fund the full cost of the HE works and any incidental and amended works approved under this Part of this Schedule and must also pay to Highways England in respect of the HE works a sum equal to the whole of any costs and expenses which Highways England reasonably incurs (including costs and expenses for using internal or external staff) in relation to—

• (a) the checking and approval of the information required by paragraph 68(1)(a);

• (b) the supervision of the HE works;

• (c) all legal and administrative costs in relation to sub-paragraph (1) (a) and (b);

• (d) any costs incurred by Highways England in undertaking any necessary statutory procedure required as a result of construction of the HE works, and in preparing and bringing into force any traffic regulation order necessary to construct or implement the HE works, provided that this paragraph will not apply to the making of any orders which duplicate traffic regulation measures contained in, or which may be made by the undertaker under, this Order; and

• (e) any value added tax which is payable by Highways England in respect of the costs incurred pursuant to sub-paragraph(1) which Highways England cannot otherwise recover from HM Revenue and Customs,

sub-paragraph (1) (a) to (e) together comprising “the estimated costs”.

• (2) The undertaker and Highways England must, acting reasonably, agree a schedule of the estimated costs prior to the commencement of the HE works and once that schedule is agreed the undertaker must pay to Highways England the estimated costs in line with the agreed schedule.

• (3) Highways England is not entitled to costs or expenses incurred under any part of sub-paragraph (1) if those costs or expenses are included as part of the estimated costs under any other part of sub-paragraph (1).

Indemnity

71

• (1) The undertaker must in relation to the construction of the HE works indemnify Highways England from and against all costs, expenses, damages, losses and liabilities arising from any claim, demand, action or proceedings resulting from damage caused by the construction of the HE works provided that—

• (a) Highways England notifies the undertaker immediately upon receipt of any such claim, demand, action or proceedings;

• (b) unless Highways England is otherwise required to do so sooner as a requirement in law or to comply with any order of the court, Highways England must prior to the settlement or compromise of any such claim, demand, action or proceedings consult the undertaker and have regard to any representations made by the undertaker in respect of any such claim, demand, action or proceedings; and

• (c) following the acceptance of any such claim, demand, action or proceedings, Highways England notifies the undertaker of the quantum in writing.

• (2) Sub-paragraph (1) does not apply if the costs, expenses, damages, losses and liabilities were caused by or arise out of the act, neglect or default of Highways England or its officers, servants, agents, contractors or any person or body for whom it is responsible.

• (3) Highways England must use its reasonable endeavours to mitigate in whole or in part and to minimise any costs, expenses, damages, losses and liabilities to which the indemnity under this paragraph applies.

• (4) In no circumstances is the undertaker liable to Highways England under this Part of this Schedule for any indirect or consequential loss or loss of profits.

Arbitration

72

Any difference or dispute arising between the undertaker and Highways England under this Part of this Schedule must, unless otherwise agreed in writing between the undertaker and Highways England, be determined by arbitration in accordance with article 38 (arbitration).

SCHEDULE 7 — PROCEDURE FOR DISCHARGE OF REQUIREMENTS

Applications made under requirements

1

• (1) Where an application has been made to the relevant planning authority for any consent, agreement or approval required by a requirement the relevant planning 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, 42 days from the day immediately following that on which the application is received by the relevant planning authority;

• (b) where further information is requested under paragraph 2, 42 days 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 relevant planning authority in writing before the end of the period in sub-paragraph (2) (a) or (b).

• (3) Notice under sub-paragraph (1) above must be in writing and where the notice is a refusal the notice must provide the relevant planning authority's reasons for refusal.

Further information

2

• (1) In relation to any application to which this Schedule applies, the relevant planning 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 relevant planning authority considers such further information to be necessary it must, within 10 business days of receipt of the application, notify the undertaker in writing specifying the further information required.

• (3) If the relevant planning 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.

Fees

3

• (1) Where an application is made to the relevant planning authority for consent, agreement or approval in respect of a requirement, a fee of £116 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 relevant planning authority failing to determine the application within the decision period as determined under paragraph 1,

unless within that period the undertaker agrees, in writing, that the fee is to be retained by the relevant planning authority and credited in respect of a future application.

Appeals

4

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

• (a) the relevant planning authority refuses an application for any consent, agreement or approval required by a requirement included in this Order or grants it subject to conditions;

• (b) the relevant planning authority does not give notice of its decision to the undertaker within the decision period specified in paragraph 1;

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

• (d) on receipt of any further information requested, the relevant planning 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;

• (b) the undertaker must submit the appeal documentation to the Secretary of State and must on the same day provide copies of the appeal documentation to the relevant planning 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”) 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 relevant planning authority and the requirement consultees must submit written representations to the appointed person in respect of the appeal within 20 business 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; and

• (e) the appeal parties must make any counter-submissions to the appointed person within 20 business days of receipt of written representations under sub-paragraph (2) (d).

• (3) The appointment of the person pursuant to sub-paragraph (2) (c) may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State.

• (4) 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.

• (5) Any further information required under sub-paragraph (4) 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 business days of that date.

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

• (7) The appointed person may—

• (a) allow or dismiss the appeal; or

• (b) reverse or vary any part of the decision of the relevant planning 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 may proceed to a decision on an appeal taking into account only such written representations as have been sent within the prescribed time limits, or set by the appointed person under this paragraph.

• (9) The appointed person may proceed to a decision even though no written representations have been made within the prescribed time limits, if it appears to the appointed person that there is sufficient material to enable a decision to be made on the merits of the case.

• (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 Schedule 2 (requirements) as if it had been given by the relevant planning authority. The relevant planning 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 relevant planning authority, the reasonable costs of the appointed person are to be met by the undertaker.

• (13) On application by the relevant planning 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 on appeals published on 3 March 2014 from the Ministry of Housing, Communities and Local Government or any circular or guidance which may from time to time replace it.

Interpretation of Schedule 7

5

In this Schedule—

• “the appeal parties” means the relevant planning authority, the undertaker and any requirement consultees.

• “business day” means a day other than Saturday or Sunday which is not Christmas Day, Good Friday or a bank holiday under section 1 of the Banking and Financial Dealings Act 1971;

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

SCHEDULE 8 — REMOVAL OF IMPORTANT HEDGEROWS

(1) Important hedgerow reference number	(2) Pole number	(3) Plan of important hedgerows affected, sheet number
IH1	9	1
IH2	11	1
IH3	17	2
IH4	21	2
IH5	22	2
IH6	29	2
IH7	42	3
IH8	84	5
IH9	92	5
IH10	100	6
IH11	108	6
IH12	112	7
IH13	113	7
IH14	115	7
IH15	120	7
IH16	127	7
IH17	140	8
IH18	143	8
IH19	146	8
IH20	150	8
IH21	162	9
IH22	172	9
IH23	176	9

SCHEDULE 9 — DOCUMENTS TO BE CERTIFIED

The Book of Reference listed below—

(1) Application Documents No.	(2) Document Description
4.3	Book of Reference Parts 1-5

The Land Plans listed below—

(1) Application document no.	(2) Sheet number	(3) Document description
2.2.0	Sheet 0 of 16 (v8.0)	Overall Location Plan and Master Key Plan
2.2.1	Sheet 1 of 16 (v8.0)	Sheet 1
2.2.2	Sheet 2 of 16 (v8.0)	Sheet 2
2.2.3	Sheet 3 of 16 (v8.0)	Sheet 3
2.2.4	Sheet 4 of 16 (v8.0)	Sheet 4
2.2.5	Sheet 5 of 16 (v8.0)	Sheet 5
2.2.6	Sheet 6 of 16 (v8.0)	Sheet 6
2.2.7	Sheet 7 of 16 (v8.0)	Sheet 7
2.2.8	Sheet 8 of 16 (v8.0)	Sheet 8
2.2.9	Sheet 9 of 16 (v8.0)	Sheet 9
2.2.10	Sheet 10 of 16 (v8.0)	Sheet 10
2.2.11	Sheet 11 of 16 (v8.0)	Sheet 11
2.2.12	Sheet 12 of 16 (v8.0)	Sheet 12
2.2.13	Sheet 13 of 16 (v8.0)	Sheet 13
2.2.14	Sheet 14 of 16 (v8.0)	Sheet 14
2.2.15	Sheet 15 of 16 (v8.0)	Sheet 15
2.2.16	Sheet 16 of 16 (v8.0)	Sheet 16

The Works Plans listed below—

(1) Application documents no.	(2) Sheet number	(3) Document description
2.3.0	Sheet 0 of 16 (v4.0)	Overall Location Plan and Master Key Plan
2.3.1	Sheet 1 of 16 (v4.0)	Sheet 1
2.3.2	Sheet 2 of 16 (v4.0)	Sheet 2
2.3.3	Sheet 3 of 16 (v4.0)	Sheet 3
2.3.4	Sheet 4 of 16 (v4.0)	Sheet 4
2.3.5	Sheet 5 of 16 (v4.0)	Sheet 5
2.3.6	Sheet 6 of 16 (v4.0)	Sheet 6
2.3.7	Sheet 7 of 16 (v4.0)	Sheet 7
2.3.8	Sheet 8 of 16 (v4.0)	Sheet 8
2.3.9	Sheet 9 of 16 (v4.0)	Sheet 9
2.3.10	Sheet 10 of 16 (v4.0)	Sheet 10
2.3.11	Sheet 11 of 16 (v4.0)	Sheet 11
2.3.12	Sheet 12 of 16 (v4.0)	Sheet 12
2.3.13	Sheet 13 of 16 (v4.0)	Sheet 13
2.3.14	Sheet 14 of 16 (v4.0)	Sheet 14
2.3.15	Sheet 15 of 16 (v4.0)	Sheet 15
2.3.16	Sheet 16 of 16 (v4.0)	Sheet 16

The Access and Rights of Way Plans listed below—

(1) Application document no.	(2) Sheet number	(3) Document description
2.4.0	Sheet 0 of 16 (v5.0)	Overall Location Plan and Master Key Plan
2.4.1	Sheet 1 of 16 (v5.0)	Sheet 1
2.4.2	Sheet 2 of 16 (v5.0)	Sheet 2
2.4.3	Sheet 3 of 16 (v5.0)	Sheet 3
2.4.4	Sheet 4 of 16 (v5.0)	Sheet 4
2.4.5	Sheet 5 of 16 (v5.0)	Sheet 5
2.4.6	Sheet 6 of 16 (v5.0)	Sheet 6
2.4.7	Sheet 7 of 16 (v5.0)	Sheet 7
2.4.8	Sheet 8 of 16 (v5.0)	Sheet 8
2.4.9	Sheet 9 of 16 (v5.0)	Sheet 9
2.4.10	Sheet 10 of 16 (v5.0)	Sheet 10
2.4.11	Sheet 11 of 16 (v5.0)	Sheet 11
2.4.12	Sheet 12 of 16 (v5.0)	Sheet 12
2.4.13	Sheet 13 of 16 (v5.0)	Sheet 13
2.4.14	Sheet 14 of 16 (v5.0)	Sheet 14
2.4.15	Sheet 15 of 16 (v5.0)	Sheet 15
2.4.16	Sheet 16 of 16 (v5.0)	Sheet 16

The Plans of Important Hedgerows Affected

(1) Application document no.	(2) Sheet number	(3) Document description
2.5	Sheet 1 of 9 (Rev 1)	Sheet 1
2.5	Sheet 2 of 9 (Rev 1)	Sheet 2
2.5	Sheet 3 of 9 (Rev 1)	Sheet 3
2.5	Sheet 4 of 9 (Rev 1)	Sheet 4
2.5	Sheet 5 of 9 (Rev 1)	Sheet 5
2.5	Sheet 6 of 9 (Rev 1)	Sheet 6
2.5	Sheet 7 of 9 (Rev 1)	Sheet 7
2.5	Sheet 8 of 9 (Rev 1)	Sheet 8
2.5	Sheet 9 of 9 (Rev 1)	Sheet 9

The additional documents listed below—

(1) Application documents no.	(2) Document description
6.1	Environmental Statement: Chapter 1 Introduction (November 2018)
6.1.1	Environmental Statement: Appendix 1.4 Traffic and Transport Technical Note (July 2019)
6.2	Environmental Statement: Chapter 2 Alternatives and Design Evolution (November 2018)
6.3	Environmental Statement: Chapter 3 The Proposed Development (July 2019)
6.3.1	Environmental Statement: Appendix 3.1 Proposed Pole Schedule (November 2018)
6.3.2	Construction Environmental Management Plan (July 2019)
6.4	Environmental Statement: Chapter 4 EIA Approach and General Methodology (November 2018)
6.4.1	Environmental Statement: Appendix 4.1 Noise and Air Quality Technical Note (November 2018)
6.5	Environmental Statement: Chapter 5 Planning Policy (November 2018)
6.5.1	Environmental Statement: Appendix 5.1 Mineral Resource Assessment (November 2018)
6.6	Environmental Statement: Chapter 6 Landscape and Visual (November 2018)
6.6.1	Environmental Statement: Appendix 6.1 Landscape and Visual Assessment Methodology (November 2018)
6.6.2	Environmental Statement: Appendix 6.2: Landscape Baseline, LCA Sheets and Assessment (November 2018)
6.6.3	Environmental Statement: Appendix 6.3: Visual Baseline, Viewpoint Sheets and Assessment (November 2018)
6.6.4	Environmental Statement: Appendix 6.4: Cumulative Landscape and Visual Impact Assessment (November 2018)
6.6.5	Environmental Statement: Appendix 6.5: Residential Visual Amenity (November 2018)
6.6.6	Environmental Statement: Appendix 6.6: Photomontages and Wirelines (November 2018)
6.6.7	Environmental Statement: Appendix 6.7: Issues Raised and Responses to Scoping Opinion (November 2018)
6.7	Environmental Statement: Chapter 7 Ecology (November 2018)
6.7.1	Environmental Statement: Appendix 7.1: Ecology Assessment Methodology (November 2018)
6.7.2	Environmental Statement: Appendix 7.2: Ecology Baseline (November 2018)
6.7.3	Environmental Statement: Appendix 7.3: Extended Phase 1 Habitat Survey (November 2018)
6.7.4	Environmental Statement: Appendix 7.4: Arboricultural Survey (November 2018)
6.7.5	Environmental Statement: Appendix 7.5: Ornithology Surveys (November 2018)
6.7.6	Environmental Statement: Appendix 7.6: Amphibian Surveys (November 2018)
6.7.7	Environmental Statement: Appendix 7.7: Bat Surveys (November 2018)
6.7.8	Environmental Statement: Appendix 7.8: Otter and Water Vole Surveys (November 2018)
6.7.10	Environmental Statement: Appendix 7.10 Issues Raised and Responses to Scoping Opinion (November 2018)
6.8	Environmental Statement: Chapter 8 Historic Environment (November 2018)
6.8.1	Environmental Statement: Appendix 8.1 Historic Environment Assessment Methodology (November 2018)
6.8.2	Environmental Statement: Appendix 8.2 Historic Environment Baseline and Assessment (November 2018)
6.8.3	Environmental Statement: Appendix 8.3 Historic Environment Heritage Asset Tables (November 2018)
6.8.4	Environmental Statement: Appendix 8.4 Historic Environment Viewpoint Assessment (November 2018)
6.8.5	Environmental Statement: Appendix 8.5 Historic Environment Scoping Opinion Response (November 2018)
6.9	Environmental Statement: Chapter 9 Flood Risk, Water Quality and Resources (November 2018)
6.9.1	Environmental Statement: Appendix 9.1: Flood Risk, Water Quality and Resources Assessment Methodology (November 2018)
6.9.2	Environmental Statement: Appendix 9.2: Flood Risk, Water Quality and Resources Baseline and Assessment (November 2018)
6.9.3	Environmental Statement: Appendix 9.3 Issues Raised and Responses to Scoping Opinion (November 2018)
6.10	Environmental Statement: Chapter 10 Socio-Economic (November 2018)
6.10.1	Environmental Statement: Appendix 10.1: Socio-Economic Methodology (November 2018)
6.10.2	Environmental Statement: Appendix 10.2: Socio-Economic Baseline and Assessment (November 2018)
6.10.3	Environmental Statement: Appendix 10.3: Issues Raised and Responses to Scoping Opinion (November 2018)
6.11	Environmental Statement: Chapter 11 Land Use and Agriculture (November 2018)
6.11.1	Environmental Statement: Appendix 11.1 Issues Raised and Responses to Scoping Opinion (November 2018)
6.12	Environmental Statement: Chapter 12 Cumulative Effects (November 2018)
6.12.1	Environmental Statement: Appendix 12.1 Intra Project Cumulative Effects (November 2018)
6.13	Environmental Statement: Chapter 13 Summary of Environmental Effects (November 2018)
6.14	Environmental Statement Figures (Figures 1.1 – 4.2) (November 2018) Environmental Statement Figures (Figures 6.1 – 6.4) (November 2018) Environmental Statement Figures (Figures 6.5 – 6.9) (November 2018) Environmental Statement Figures (Figures 7.1 – 7.10 (November 2018) Environmental Statement Figures (Figures 8.1 – 11.2) (July 2019)
6.15	Environmental Statement: Non-Technical Summary (November 2018)
6.16	Environmental Statement: Glossary (July 2019)
7.2	Construction Report (November 2018)
Diagram 3.2	Environmental Statement: Diagram 3.2 Illustration of Pole Types (July 2019)

Signed

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

Emily Bourne — Director Energy Development and Resilience — 2020-03-20

Explanatory note

(This note is not part of the Order)

Footnotes

[^f00001]: 2008 c.29.

[^f00002]: S.I. 2009/2264, amended by S.I 2010/439, S.I. 2010/602, S.I. 2012/635, S.I. 2012/2654, S.I. 2012/2732, S.I. 2013/522, S.I. 2013/755, 2014/469, 2014/2381, 2015/377, 2015/1682, 2017/524, 2017/572 and S.I. 2018/378.

[^f00003]: S.I. 2010/103, amended by S.I.2012/635.

[^f00004]: Section 83 was amended by the Localism Act 2011 (c.20) section 128(2) and 237, Schedule 13 paragraphs 1, 35 (1) to (4) and Schedule 25, Part 20.

[^f00005]: S.I. 2009/2263, amended by S.I. 2012/635 and 2012/787.

[^f00006]: Section 104(2) was amended by the Localism Act 2011 section 128(2) and Schedule 13 paragraphs 1, 49(1) and (3) and by the Marine and Coastal Access Act 2009 c.23, section 58(5).

[^f00007]: Sections 114, 115 and 120 were amended by the Localism Act 2011 section 128(2), Schedule 13 paragraphs 1, 55(1) to (3) and the Wales Act 2017 c.4, section 43 (1) to (3). There have been other amendments that are not relevant to this Order.

[^f00008]: 1961 c.33.

[^f00009]: 1965 c.56.

[^f00010]: 1980 c.66.

[^f00011]: 1981 c.66.

[^f00012]: 1984 c.27.

[^f00013]: 1989 c.29.

[^f00014]: 1990 c.8.

[^f00015]: 1991 c 22.

[^f00016]: 2003 c 21.

[^f00017]: 2008 c.29.

[^f00018]: Section 134 was amended by the Localism Act 2011, sections 142(1) to (4), section 237 and Schedule 25 Part 21 and by S.I.2017/16.

[^f00019]: 1981 c.67. A relevant amendment to section 7 was made by the Planning and Compensation Act 1991 c.34, section 70, Schedule 15, paragraph 9.

[^f00020]: A relevant amendment to section 48 was made by Local Transport Act 2008, section 124(1), (2).

[^f00021]: A relevant amendment to the 1991 Act was made by the Infrastructure Act 2015, section 1(6), Schedule 1, paragraphs 113 and 117.

[^f00022]: Section 121A was inserted by the 1991 Act, section 168(1), schedule 8 paragraph 70 and relevant amendments were made by the Infrastructure Act 2015, section 1(6), Schedule 1 paragraphs 70 and 95(1) to (3) and by S.I. 2001/1400 and S.I. 200/1400.

[^f00023]: 1989 c.29. Section 6(1) was substituted by the Utilities Act 2000 (c. 27) section 30 and was amended by the Energy Act 2004 c.20, sections 136(1), 145 and 197, Schedule 23, Part 1 and by S.I. 2012/2400.

[^f00024]: Relevant amendments to section 32 were made by the 1991 Act section 168(1), Schedule 8, paragraph 39.

[^f00025]: 2004. c.18. There are amendments to this Act not relevant to this Order.

[^f00026]: 1991 c.56. Section 106 was amended by the Competition and Service (Utilities) Act 1992 (c.43), sections 43(2) and 35(8)(a) and Schedule 2 paragraph 1, the Water Act 2003 (c. 37) sections 99(2), (4), (5)(a), (5)(b), (5)(c) and 36(2) ) and the Flood and Water Management Act 2010 c.29, section 32, Schedule 3, paragraph 16(1).

[^f00027]: S.I. 2016/1154.

[^f00028]: 1991 c.57 was amended by S.I. 2009/3104.

[^f00029]: 1981 c.67, amended by S.I. 2019/1307.

[^f00030]: Section 8 was amended and Schedule 2A substituted by the Housing and Planning Act 2016 c.22, section 199(1) and Schedule 17, paragraphs 1 and 2 and by S.I.2009/1307.

[^f00031]: Section 12 was amended by the Housing and Planning Act 2016, Schedule 18, paragraphs 1 and 5.

[^f00032]: Section 4 was amended by the Housing and Planning Act 2016, sections 184 and 185 and Schedule 18, paragraphs 1 and 2.

[^f00033]: Section 11 was amended by the Acquisition of Land Act 1981, section 34(1) Schedule 4; the Housing (Consequential Provisions) Act 1985 c. 71, section 3, Schedule 1, Part 1; the Church of England (Miscellaneous Provisions) Measure 2006 (No. 1) section 14, Schedule 5 paragraph 12(1) and S.I. 2009/1307.

[^f00034]: Section 138 was amended by the Growth and Infrastructure Act 2013 c. 27, section 23(1) and (4) and by S.I. 2017/1285.

[^f00035]: Section 5B was inserted by the Housing and Planning Act 2016, section 202(2).

[^f00036]: Section 118 was amended by the Localism Act 2011 paragraphs 1 and 59 of Schedule 13, and Part 20 of Schedule 25 and the Criminal Justice and Courts Act 2015 c. 2, section 92(4).

[^f00037]: Section 6(1)(b) was amended by the Housing and Planning Act 2016 Schedule 15, paragraph 17.

[^f00038]: Section 134 was amended by the Localism Act 2011 sections 142 and 237 and Schedule 25, part 21 25 to and by S.I. 2012/16 and S.I. 2017/16.

[^f00039]: Section 7 was amended by the Housing and Planning Act 2016, section 199(2), and Schedule 18, paragraphs 1 and 3.

[^f00040]: Schedule A1 was inserted by the Housing and Planning Act 2016, Schedule 18 paragraph 6.

[^f00041]: Section 125 was amended by the Housing and Planning Act 2016, section 190, Schedule 16, paragraph 17.

[^f00042]: Section 153(4A) was inserted by the Housing and Planning Act 2016, section 200(1) and (2).

[^f00043]: Section 4A was inserted by the Housing and Planning Act 2016, section 202(1).

[^f00044]: Section 11A was inserted by the Housing and Planning Act 2016 section 186(3).

[^f00045]: Section 4 was amended by the Housing and Planning Act 2016, sections 184,185 and 199(2), and Schedule 18, paragraphs 1 and 2.

[^f00046]: Section 152 was amended by S.I. 2009/1307.

[^f00047]: Section 13 was amended by the Tribunals, Courts and Enforcement Act 2007 c.15, section 139(4) to (8), section 62(3) and Schedule 13, paragraphs 27, 28(1) to (3), and Schedule 23, Part 3.

[^f00048]: 2017 c.20.

[^f00049]: S.I 1997/1160, amended by the Countryside and Rights of Way Act 2000 c.37, section 73(2) and by S.I. 2003/2155, S.I. 2006/1177, S.I. 2009/1307 and S.I. 2015/377.

[^f00050]: 1990 c.43. Section 82(1) was amended by the Environment Act 1995 (c.25) section 107, Schedule 17, paragraph 6. Section 82(2) was inserted by the Noise and Statutory Nuisance Act 1993 (c.40), section 5(2) and amended by the Environment Act 1995.

[^f00051]: Relevant amendments to section 79(1) were made by the Noise and Statutory Nuisance Act 1993, section 2, the Environment Act 1995 c.25, section 120, Schedule 22, paragraph 89(2) and by the Clean Neighbourhoods and Environment Act 2005 c.16, section 101.

[^f00052]: Section 61 was amended by the Building Act 1984 c.55, section 133(2), Schedule 7, the Environmental Protection Act 1990 c.43, section 162, Schedule 15 paragraph 15 and the Environment Act 1995 c.25, Schedule 24 paragraph 1.

[^f00053]: 1974 c. 40.

[^f00054]: 1978 c.30.

[^f00055]: Relevant amendments to section 16 were made by S.I. 2010/277, S.I. 2013/1479 and S.I.2017/1012.

[^f00056]: Relevant amendments to section 115(2) were made by the Housing and Planning Act 2016, section 160(1) and (3).

[^f00057]: 1971 c.80.

[^f00058]: S.I. 2015/595, amended by S.I. 2016/873, S.I. 2016/912, S.I. 2017/402, S.1. 2017/571, S.I. 2017/1013, S.I. 2017/1243, S.I. 2017/1309, S.I. 2018/119 and S.I. 2018/695.

[^f00059]: 1973. c.26.

[^f00060]: Relevant amendments to section 44 were made by the 1980 Act, section 343(2), Schedule 24, paragraph 23; the Gas Act 1986, section 67(1), Schedule 7, paragraph 14; the Water Act 1989, section 190, Schedule 25, paragraph 44, and the Water Consolidation (Consequential Provisions) Act 1991 (c.60) , section 2, Schedule 1, paragraph 23.

[^f00061]: Section 5A was inserted by the Planning and Compulsory Purchase Act 2004, section 103 and relevant amendments were made by the Housing and Planning Act 2016, section 199, Schedule 17, paragraph 4, Schedule 18, paragraph 9 and S.I. 2009/1307.

[^f00062]: Section 11A was inserted by the Housing and Planning Act 2016, section 186(1) and (3).

[^f00063]: Section 11B was inserted by the Housing and Planning Act 2016, section 187 (3).

[^f00064]: Section 12 was amended by the Courts Act 1971 (c. 23). section 56(2) and Schedule 9, Part 1.

[^f00065]: Section 13 was amended by the Tribunals, Courts and Enforcement Act 2007 c.15, sections 62(3), 139(4) to (9) and 146 Schedule 13 paragraphs 27 and 28 and Schedule 23 Part 3.

[^f00066]: Section 20 was amended by Planning and Compensation Act 1991 Schedule 15 paragraph 4 and S.I. 2009/1307.

[^f00067]: Section 106 was substituted by the Digital Economy Act 2017 c.30, section 4.

[^f00068]: Part 10 was substituted by Digital Economy Act 2017, section 4(2), Schedule 1.

[^f00069]: 1989 c 29.

[^f00070]: 1986 c.44. A new section 7 was substituted by section 5 of the Gas Act 1995 (c.45) and was further amended by section 76 of the Utilities Act 2000 c.27.

[^f00071]: 1991 C. 56.

[^f00072]: Sections 102 and 104 were amended by the Water Act 2003 (c.37) s section 96 (1)(c).

[^f00073]: A new section 7 was substituted by section 5 of the Gas Act 1995 c.45 and was further amended by section 76 of the Utilities Act c. 27.

[^f00074]: 1993 c.43 amended by the Transport Act 2000, section 216, Schedule 17, Part I, paragraph 1, 4(1), (2)(a); Railways and Transport Safety Act 2003, s 16(5), Schedule 2, Pt 1, paras 1 and 5. Railways Act 2005, sections 1(1), 59(6), Schedule 1, Part 1, paragraph 3(1)(a), Schedule 13, Part 1 and SI 2015/1682.

[^f00075]: 2006 c.46.

[^f00076]: 1995 c.i.

[^f00077]: 1968 c.73, amended by S.I. 2012/1659.

[^f00078]: S.I. 2015/51, amended by S.I. 2015/1682 and 2017/1075.

A nationally significant infrastructure project, as defined in sections 14(1)(b) and 16 of the 2008 Act and associated development within the meaning of section 115(2) of the 2008 Act comprising—

OSWESTRY SUBSTATION (Associated Development)

Work No. 1 Works at Oswestry substation as shown on sheet 1 of the works plans comprising the installation of electrical switchgear and associated equipment (including 132kV cable sealing ends, isolator and associated busbar and 132kV outdoor circuit breaker) and 132kV underground cable.

132kV UNDERGROUND CABLE (Associated Development)

Work No. 2 the construction and installation and keeping of a 132kV underground cable and fibre optic cable 1.2km in length from Oswestry substation connecting to Work No.3 at a terminal structure at Long Wood (grid reference: SJ 3113229877) comprising three 132kV single core cables together with a fibre optic cable installed in 200mm diameter polyethylene ducts laid in trefoil formation together with the installation of cable protection tiles above at a depth of approximately 1.4m to ensure a final minimum depth of 975mm and as shown on sheet 1 of the works plans; and

• (a) site preparation works and site clearance (including fencing, felling and vegetation removal);

• (b) earthworks (including soil stripping and storage and site levelling);

• (c) carrying out surveys or taking soil samples;

• (d) establishment of temporary laydown and storage areas, temporary vehicle parking and construction fencing;

• (e) cutting down, uprooting, topping or lopping of trees or shrubs or cutting back their roots;

• (f) reinstatement hedgerow planting;

• (g) establishment of temporary means of access and trackways;

• (h) drainage works;

• (i) ramps, means of access, footpaths and bridleways;

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

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

• (l) works to mitigate any adverse effects of the construction, maintenance or operation of the authorised development;

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

• (n) the removal, disposal or re-siting of apparatus;

• (o) open trench excavations and directional drilling.

132kV OVERHEAD LINE (Nationally Significant Infrastructure Project)

Work No. 3 the construction and installation and keeping of a 132kV electric line above ground of 21.3 km in length commencing in the vicinity of Long Wood (grid ref: SJ 3113229877) and following an easterly direction passing to the south of Whittington, north of Rednal, to the north of Lower Hordley, south of Cockshutt, and passing to the south of Loppington terminating at a gantry at Wem substation more particularly shown on sheets 1 to 16 of the works plans. This comprises a three phase 132kV line (three wires/conductors and fibre optic cable) mounted on 176 trident wood pole structures extending up to 18m high and terminal ends and cable sealing ends at terminal poles and all modifications required and any support to facilitate a change in angle of the electric line; and—

• (a) site preparation works and site clearance (including fencing, felling and vegetation removal);

• (b) earthworks (including soil stripping and storage and site levelling);

• (c) carrying out surveys or taking soil samples;

• (d) establishment of temporary laydown and storage areas, temporary vehicle parking and construction fencing;

• (e) cutting down, uprooting, topping or lopping of trees or shrubs or cutting back their roots;

• (f) reinstatement hedgerow planting;

• (g) establishment of temporary means of access and trackways;

• (h) drainage works;

• (i) works to alter ramps, means of access, footpaths and bridleways;

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

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

• (l) works to mitigate any adverse effects of the construction, maintenance or operation of the authorised development;

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

• (n) the provision of overhead electricity cables underground ducting and placing electricity cables below ground to connect to Work No.2 and Work No.5;

• (o) establishment of winching points and the installation of scaffolding; and

• (p) a welfare unit and a security cabin at laydown area number 7.

LOWER VOLTAGE DIVERSIONS (Associated Development)

Work No.4A the removal of existing 11kV and 33kV overhead lines between Oswestry and Wem as shown on sheets 2, 3, 7, 8, 12, 13, 14 and 16 of the works plans and all associated wood poles, conductors, insulators and fittings and—

• (a) site preparation works and site clearance (including fencing, felling and vegetation removal);

• (b) earthworks (including soil stripping and storage and site levelling);

• (c) carrying out surveys or taking soil samples;

• (d) establishment of temporary laydown and storage areas, temporary vehicle parking and construction fencing;

• (e) cutting down, uprooting, topping or lopping of trees or shrubs or cutting back their roots;

• (f) reinstatement hedgerow planting;

• (g) establishment of temporary means of access and trackways;

• (h) drainage works;

• (i) works to alter ramps, means of access, footpaths and bridleways;

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

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

• (l) works to mitigate any adverse effects of the construction, maintenance or operation of the authorised development;

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

• (n) establishment of winching points and the installation of scaffolding.

Work No.4Bthe undergrounding of 11kV and 33kV cables between Oswestry and Wem as shown on sheets 1, 2, 3, 7, 8, 9, 12, 13, 14 and 16 of the works plans and—

• (a) site preparation works and site clearance (including fencing, felling and vegetation removal);

• (b) earthworks (including soil stripping and storage and site levelling);

• (c) carrying out surveys or taking soil samples;

• (d) establishment of temporary laydown and storage areas, temporary vehicle parking and construction fencing;

• (e) cutting down, uprooting, topping or lopping of trees or shrubs or cutting back their roots;

• (f) reinstatement hedgerow planting;

• (g) establishment of temporary means of access and trackways;

• (h) drainage works;

• (i) works to alter ramps, means of access, footpaths and bridleways;

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

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

• (l) works to mitigate any adverse effects of the construction, maintenance or operation of the authorised development;

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

• (n) establishment of winching points and the installation of scaffolding;

• (o) works to install the means to connect the lower voltage overhead line (Work No.4A) with the new section of lower voltage underground cable.

WEM SUBSTATION (Associated Development)

Work No.5 —Works at Wem substation as shown on sheet 16 of the works plans comprising the installation of a 132kV gantry, isolator, associated busbar, a 132kV to 33kV transformer, 33kV cable and a 33kV circuit breaker and—

• (a) site preparation works and site clearance (including fencing);

• (b) levelling;

• (c) creation of hard stoned area.

COMPENSATION ENACTMENTS

MODIFICATION OF THE LAND COMPENSATION ACT 1973

APPLICATION OF PART 1 OF THE 1965 ACT

The Book of Reference listed below—

(1) Application Documents No.	(2) Document Description
4.3	Book of Reference Parts 1-5

The Land Plans listed below—

(1) Application document no.	(2) Sheet number	(3) Document description
2.2.0	Sheet 0 of 16 (v8.0)	Overall Location Plan and Master Key Plan
2.2.1	Sheet 1 of 16 (v8.0)	Sheet 1
2.2.2	Sheet 2 of 16 (v8.0)	Sheet 2
2.2.3	Sheet 3 of 16 (v8.0)	Sheet 3
2.2.4	Sheet 4 of 16 (v8.0)	Sheet 4
2.2.5	Sheet 5 of 16 (v8.0)	Sheet 5
2.2.6	Sheet 6 of 16 (v8.0)	Sheet 6
2.2.7	Sheet 7 of 16 (v8.0)	Sheet 7
2.2.8	Sheet 8 of 16 (v8.0)	Sheet 8
2.2.9	Sheet 9 of 16 (v8.0)	Sheet 9
2.2.10	Sheet 10 of 16 (v8.0)	Sheet 10
2.2.11	Sheet 11 of 16 (v8.0)	Sheet 11
2.2.12	Sheet 12 of 16 (v8.0)	Sheet 12
2.2.13	Sheet 13 of 16 (v8.0)	Sheet 13
2.2.14	Sheet 14 of 16 (v8.0)	Sheet 14
2.2.15	Sheet 15 of 16 (v8.0)	Sheet 15
2.2.16	Sheet 16 of 16 (v8.0)	Sheet 16

The Works Plans listed below—

(1) Application documents no.	(2) Sheet number	(3) Document description
2.3.0	Sheet 0 of 16 (v4.0)	Overall Location Plan and Master Key Plan
2.3.1	Sheet 1 of 16 (v4.0)	Sheet 1
2.3.2	Sheet 2 of 16 (v4.0)	Sheet 2
2.3.3	Sheet 3 of 16 (v4.0)	Sheet 3
2.3.4	Sheet 4 of 16 (v4.0)	Sheet 4
2.3.5	Sheet 5 of 16 (v4.0)	Sheet 5
2.3.6	Sheet 6 of 16 (v4.0)	Sheet 6
2.3.7	Sheet 7 of 16 (v4.0)	Sheet 7
2.3.8	Sheet 8 of 16 (v4.0)	Sheet 8
2.3.9	Sheet 9 of 16 (v4.0)	Sheet 9
2.3.10	Sheet 10 of 16 (v4.0)	Sheet 10
2.3.11	Sheet 11 of 16 (v4.0)	Sheet 11
2.3.12	Sheet 12 of 16 (v4.0)	Sheet 12
2.3.13	Sheet 13 of 16 (v4.0)	Sheet 13
2.3.14	Sheet 14 of 16 (v4.0)	Sheet 14
2.3.15	Sheet 15 of 16 (v4.0)	Sheet 15
2.3.16	Sheet 16 of 16 (v4.0)	Sheet 16

The Access and Rights of Way Plans listed below—