The Portishead Branch Line (MetroWest Phase 1) Order 2022

• (1) The modifications referred to in paragraph 4(a) 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 particular 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 in case of severance) 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 restrictive 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 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 (powers of entry) of the 1965 Act is modified 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 a compulsory acquisition under article 24), 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 11A⁷² (powers of entry: further notices of entry), 11B⁷³ (counter-notice requiring possession to be taken on specified date), 12⁷⁴ (unauthorised entry) and 13⁷⁵ (refusal to give possession to acquiring authority) of the 1965 Act are modified correspondingly.

• (6) Section 20⁷⁶ (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 25(4) (modification of Part 1 of the 1965 Act) 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 to the 1965 Act substitute—

SCHEDULE 2A (1) (1) This Schedule applies where an acquiring authority serve 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 have not executed a general vesting declaration under section 4 (execution of declaration) of the 1981 Act as applied by article 30 (application of the 1981 Act) of the Portishead Branch Line (MetroWest Phase 1) Order 2022 in respect of the land to which the notice to treat relates. (2) But see article 31(3) (acquisition of subsoil or airspace only) of the Portishead Branch Line (MetroWest Phase 1) Order 2022 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 decide to refer the counter-notice to the Upper Tribunal they must do so within the decision period. (8) If the acquiring authority do not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period. (9) If the acquiring authority serve 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 restrictive covenant, (b) the use to be made of the right or restrictive covenant proposed to be acquired or imposed, and (c) if the right or restrictive covenant is proposed to be acquired or imposed for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land. (12) If the Upper Tribunal determines that the acquisition of the right or the imposition of the restrictive covenant would have either of the consequences described in paragraph 10, it must determine how much of the house, building or factory the 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 they 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 12 — Land of which temporary possession may be taken

(1) Location	(2) Number of land shown on land plan	(3) Purpose for which temporary possession may be taken	(4) Relevant part of the authorised development
In the District of North Somerset, Portishead	01/70, 01/75, 01/76, 01/77	Working space and access for construction	Work No. 2
In the District of North Somerset, Portishead	01/91	Working space and access for construction	Work No. 2A
In the District of North Somerset, Portishead	01/111, 01/112	Access, working space, materials storage, compound and lay down area for construction	Work Nos. 1, 7A and 7D
In the District of North Somerset, Portishead	01/210	Access, working space for construction and ecological mitigation	Work Nos. 1 and 7B
In the District of North Somerset, Portishead	01/211, 01/212, 01/216	Access, working space for construction and ecological mitigation	Work Nos. 1 and 7B
In the District of North Somerset, Portishead	01/220, 01/221, 01/230, 01/231, 01/232	Access, working space and materials storage, compound, lay down area for construction and diversionary route for path	Work Nos. 1 and 7D
In the District of North Somerset, Portishead	01/222	Access, working space for construction	Work Nos. 1, 5, 7A and 7D
In the District of North Somerset, Portishead	01/226	Access, working space, and ecological mitigation for construction	Work Nos. 1, 5 and 7A
In the District of North Somerset, Portishead	01/240, 01/241, 01/250	Access, working space for construction and ecological mitigation	Work No. 1
In the District of North Somerset, Portishead	01/251, 01/265	Access, working space for construction and diversionary route for path	Work No. 1
In the District of North Somerset, Portishead	01/296, 01/297	Access, working space for construction and ecological mitigation	Work No. 1
In the District of North Somerset, Portishead	01/310	Access, haul road, materials storage and working space for construction	Work Nos. 1, 1A, 1B, 1C and 8
In the District of North Somerset, Portbury	02/05, 02/06, 02/07, 02/08, 02/10, 02/20 02/26, 02/27	Access and ecological mitigation	Work No. 1
In the District of North Somerset, Portbury	02/30	Access, working space for construction and ecological mitigation	Work Nos. 1 and 9
In the District of North Somerset, Portbury	02/31, 02/32	Access and ecological mitigation	Work No. 1
In the District of North Somerset, Portbury	02/35	Temporary construction compound and materials storage	Work Nos. 1, 9 and 10A
In the District of North Somerset, Portbury	02/36, 02/37	Temporary diversion of permissive cycle path	Work Nos .9 and 10A
In the District of North Somerset, Portbury	02/40, 02/41, 02/45, 02/46, 02/75, 02/76, 02/82	Access, construction haul road, material storage and ecological mitigation works	Work Nos. 1, 1A, 1B, 1C and 8
In the District of North Somerset, Portbury	02/60, 02/65, 02/120	Access, haul road, material storage and working space for construction	Work Nos. 1, 1A, 1B, 1C and 11A
In the District of North Somerset, Portbury	02/85, 02/122	Access, haul road, visibility splays and working space for construction	Work Nos. 1, 1A, 1B, 1C and 11A
In the District of North Somerset, Portbury	02/116	working space and access for construction and ecological mitigation	Work No. 1
In the District of North Somerset, Portbury	02/118	working space and access for construction and ecological mitigation	Work No. 1
In the District of North Somerset, Portbury	02/145	Access, materials storage, temporary construction compound and working space	Work Nos. 1, 1A, 1B, 1C, 7, 12, 12A, 20A and 22
In the District of North Somerset, Portbury	02a/10, 02a/15	Access, haul road visibility splays and working space	Work Nos. 8, 11 and 11A
In the District of North Somerset, Portbury	02b/05	Access, materials storage, temporary construction compound and working space	Work Nos. 1, 1A, 1B, 1C, 7, 12, 12A, 20A and 22
In the District of North Somerset, Portbury	03/10	Access, materials storage, temporary construction compound and working space	Work Nos. 1, 1A, 1B, 1C, 7, 12, 12A, 20A and 22
In the District of North Somerset, Portbury	03/21	Access, working space and environmental mitigation works	Work No. 1
In the District of North Somerset, Portbury	03/35, 03/36, 03/37, 03/38	Access and environmental mitigation works	Work No. 1
In the District of North Somerset, Portbury	03/47, 03/67, 03/68	Access, working space and environmental mitigation works	Work No. 1
In the District of North Somerset, Portbury	03/65	Working space and works to adjacent disused station platform	Work No. 1
In the District of North Somerset, Portbury	03/71, 03/76	Access, material storage, working space and environmental mitigation	Work No. 1A
In the District of North Somerset, Portbury	03/80	Access, working space and visibility splay	Work No. 1A
In the District of North Somerset, Portbury	04/06, 04/07, 04/08	Access, working space and environmental mitigation	Work No. 1A
In the District of North Somerset, Portbury	04/10, 04/13, 04/15	Access, material storage, working space and environmental mitigation	Work No. 1A
In the District of North Somerset, Portbury	04/20	Access, turning space, materials storage, working space and environmental mitigation	Work Nos. 1, 1A, 1B, 1C and 13
In the District of North Somerset, Portbury	04/25, 04/46	Access, visibility splays, working space and environmental mitigation	Work No. 13
In the District of North Somerset, Portbury	04/41	Access, visibility splays, working space and environmental mitigation	Work No. 13
In the District of North Somerset, Portbury	04/42	Access, working space, materials storage and environmental mitigation	Work Nos. 1, 1A, 1B, 1C and 13
In the District of North Somerset, Portbury	04/55	Working space and vegetation clearance	Work No. 14
In the District of North Somerset, Easton in Gordano	04/90	Working space and vegetation clearance	Work Nos. 1A, 14A and 14B
In the District of North Somerset, Easton in Gordano	04/105	Working space and vegetation clearance	Work No. 1A
In the District of North Somerset, Easton in Gordano	05/10	Working space, access and vegetation clearance	Work Nos. 1A and 15
In the District of North Somerset, Easton in Gordano	05/17, 05/18	Access to works	Work Nos. 1, 1A, 16, 16A, 16C, 17, 18, 19, 20A and 22
In the District of North Somerset, Easton in Gordano	05/25, 05/106	Access and vegetation clearance	Work Nos. 1, 1A, 16, 16A, 16C, 17, 18, 19, 20A and 22
In the District of North Somerset, Easton in Gordano	05/26, 05/28	Working space, access and vegetation clearance	Work Nos. 1, 1A, 16, 16A, 16C, 17, 18, 19, 20A and 22
In the District of North Somerset, Easton in Gordano	05/113	Working space, access and vegetation clearance	Work Nos. 1, 1A, 16, 16A, 16C, 17, 18, 19, 20A and 22
In the District of North Somerset, Easton in Gordano	05/150, 05/152	Access, materials storage, temporary construction compound and working space	Work Nos. 1, 1A, 1B, 1C, 16, 16A, 16C, 17, 17A, 18, 20A and 22
In the District of North Somerset, Easton in Gordano	05/170	Temporary construction compound, materials storage	Work Nos. 1, 1A, 1B, 1C, 16, 16A, 16C, 18, 19, 20A and 22
In the District of North Somerset, Lodway	06/15	Working space, access and vegetation clearance	Work No. 1A
In the District of North Somerset, Lodway	06/30	Access, materials storage, temporary construction compound and working space	Work Nos. 1, 1A, 1B, 1C, 16, 16A, 16C, 17, 17A, 18, 20A and 22
In the District of North Somerset, Lodway	06/35,06/36, 06/40, 06/45, 06/50, 06/65	Working space and access to works	Work Nos. 1A, 1B, 1C, 17, 17A, 18 and 20A
In the District of North Somerset, Pill	06/60, 06/105	Working space, oversail for crane and access to works	Work Nos. 1B, 1C, 20, 20A and 20B
In the District of North Somerset, Pill	06/61, 06/62, 06/63	Temporary diversion of cycle path	Work Nos. 1B, 1C, 20, 20A and 20B
In the District of North Somerset, Pill	06/70, 06/75, 06/85, 06/90, 06/95, 06/100, 06/140, 06/145, 06/155	Working space and access to works	Work Nos. 1B, 1C, 20A and 20B
In the District of North Somerset, Pill	06/190	Access to works	Work Nos. 1B, 1C, 20A and 20B
In the District of North Somerset, Pill	06/532, 06/535	Working space and access to works	Work Nos. 22A and 22B
In the District of North Somerset, Pill	06/533	Temporary compound	Work Nos. 22A and 22B
In the District of North Somerset, Pill	06/550, 06/555, 06/556	Access to Works	Work Nos. 1B, 1C and 22
In the District of North Somerset, Pill	06/596, 06/597, 06/598	Access to Works, demolition and replacement of wall	Work Nos. 1B, 1C and 20A
In the District of North Somerset, Pill	06/632, 06/633, 06/636	Access to Works	Work Nos. 1B and 1C
In the District of North Somerset, Pill	06/647, 06/661, 06/666, 06/705, 06/710, 06/730	Working space and access to works	Work Nos. 1B and 1C
In the District of North Somerset, Pill	07/05, 07/10, 07/15, 07/20, 07/25, 07/30, 07/35, 07/36, 07/44, 07/46, 07/51, 07/52, 07/53, 07/55, 07/56, 07/58, 07/59, 07/60, 07/65, 07/70, 07/80, 07/85, 07/90, 07/100, 07/105, 07/110, 07/111, 07/112, 07/113, 07/114, 07/116, 07/117, 07/121	Working space access to works and embankment strengthening	Work Nos. 1B and 1C
In the District of North Somerset, Ham Green	08/11, 08/20, 08/26	Working space and access to works	Work Nos. 24 and 24A
In the District of North Somerset, Ham Green	08/21, 08/22, 08/23, 08/24	Access to works	Installation of fencing and minor works to Parson Street to Royal Portbury Dock railway
In the District of North Somerset, Pill	08/50, 08/60, 08/61	Access to works	Work Nos. 24 and 24A
In the District of North Somerset, Abbots Leigh	08/71	Access to works and materials storage	Installation of fencing and minor works to Parson Street to Royal Portbury Dock railway
In the District of North Somerset, Abbots Leigh	09/11	Access to works and materials storage	Installation of fencing and minor works to Parson Street to Royal Portbury Dock railway
In the District of North Somerset, Abbots Leigh	09/20	Access to works and materials storage	Storage of materials, installation of fencing and minor works to Parson Street to Royal Portbury Dock railway
In the District of North Somerset, Abbots Leigh	09/22, 09/23, 09/25	Access to works	Installation of fencing, works to retaining walls and minor works to Parson Street to Royal Portbury Dock railway
In the District of North Somerset, Abbots Leigh	10/06	Access to works	Installation of fencing, works to retaining walls and minor works to Parson Street to Royal Portbury Dock railway
In the City and County of Bristol, Abbots Leigh	10/11	Access to works	Installation of fencing, works to retaining walls and minor works to Parson Street to Royal Portbury Dock railway
In the City and County of Bristol, Abbots Leigh	10/25	Access to works	Installation of fencing, works to retaining walls and minor works to Parson Street to Royal Portbury Dock railway
In the District of North Somerset, Abbots Leigh	10/30	Access to works	Installation of fencing, works to retaining walls and minor works to Parson Street to Royal Portbury Dock railway
In the District of North Somerset, Abbots Leigh	10/35	Access to works, rock picking, rock bolting, vegetation clearance, working space and environmental mitigation	Vegetation clearance, rock bolting and rock picking for the protection of the adjacent Parson Street to Royal Portbury Dock railway, ecological mitigation, installation of fencing and access for minor works, ecological mitigation
In the District of North Somerset, Abbots Leigh	11/06	Access to works, rock picking, rock bolting, vegetation clearance, working space and environmental mitigation	Vegetation clearance, rock bolting, and rock picking for the protection of the adjacent Parson Street to Royal Portbury Dock railway, ecological mitigation, installation of fencing and access for minor works
In the District of North Somerset, Abbots Leigh	11/07	Access to works working space and environmental mitigation	Access for vegetation clearance and rock picking for the protection of the Parson Street to Royal Portbury Dock railway, ecological mitigation
In the City and County of Bristol, Abbots Leigh	11/10, 11/15	Access to works and working space	Installation of fencing, works to retaining walls and minor works to Parson Street to Royal Portbury Dock railway, ecological mitigation
In the City and County of Bristol, Abbots Leigh	11/20	Access to works and working space	Installation of fencing, works to retaining walls and minor works to Parson Street to Royal Portbury Dock railway, ecological mitigation
In the City and County of Bristol, Abbots Leigh	11/25	Access to works and working space	Installation of fencing, works to retaining walls and minor works to Parson Street to Royal Portbury Dock railway, ecological mitigation
In the District of North Somerset, Abbots Leigh	11/41, 11/42	Access to works, rock picking, rock bolting, vegetation clearance, working space and environmental mitigation	Vegetation clearance, rock bolting and rock picking for the protection of the adjacent railway, installation of fencing and access for minor works to Parson Street to Royal Portbury Dock railway, ecological mitigation
In the District of North Somerset, Abbots Leigh	11/61	Access to works	Vegetation clearance and rock picking for the protection of Parson Street to Royal Portbury Dock railway, ecological mitigation
In the District of North Somerset, Abbots Leigh	11/65, 11/70, 11/75,	Access to works	Vegetation clearance and rock picking for the protection of Parson Street to Royal Portbury Dock railway, ecological mitigation
In the District of North Somerset, Abbots Leigh	11/80	Access to works, rock picking, rock bolting, vegetation clearance, working space and environmental mitigation	Vegetation clearance, rock bolting and rock picking for the protection of the adjacent railway, installation of fencing and access for minor works to Parson Street to Royal Portbury Dock railway, ecological mitigation
In the District of North Somerset, Abbots Leigh	11a/05	Access to works, rock picking, rock bolting, vegetation clearance, working space and environmental mitigation	Vegetation clearance, rock bolting and rock picking for the protection of Parson Street to Royal Portbury Dock railway, ecological mitigation
In the District of North Somerset, Abbots Leigh	11a/10, 11a/15	Access to works	Access for vegetation clearance and rock picking for the protection of the Parson Street to Royal Portbury Dock railway, ecological mitigation
In the District of North Somerset, Abbots Leigh	11b/05, 11b/10, 11b/15, 11b/20, 11b/30, 11b/35	Access to works	Access for vegetation clearance and rock picking for the protection of the Parson Street to Royal Portbury Dock railway, ecological mitigation
In the District of North Somerset, Abbots Leigh	11b/25	Access to works	Micro compound, access for vegetation clearance and rock picking for the protection of the Parson Street to Royal Portbury Dock railway, ecological mitigation
In the District of North Somerset, Abbots Leigh	11c/05, 11c/10, 11c/15	Access to works	Access for vegetation clearance and rock picking for the protection of the Parson Street to Royal Portbury Dock railway, ecological mitigation
In the District of North Somerset, Abbots Leigh	12/07 12/10, 12/20, 12/21, 12/30	Access to works, rock picking, rock bolting, vegetation clearance, working space and environmental mitigation	Work No. 25 vegetation clearance, rock bolting and rock picking for the protection of the Parson Street to Royal Portbury Dock railway, ecological mitigation, installation of fencing and access for minor works to railway
In the City and County of Bristol, Abbots Leigh	12/25	Access to works	Work No. 25 Vegetation clearance, rock bolting and rock picking for the protection of the Parson Street to Royal Portbury Dock railway, ecological mitigation, installation of fencing and access for minor works to railway
In the District of North Somerset, Abbots Leigh	13/07, 13/31, 13/32	Access to works, rock picking, rock bolting, vegetation clearance, working space and environmental mitigation	Vegetation clearance, rock bolting and rock picking for the protection of the Parson Street to Royal Portbury Dock railway, ecological mitigation, installation of fencing and access for minor works to railway
In the City and County of Bristol, Abbots Leigh	13/33, 13/36, 13/40	Access to works	Work No. 25 Vegetation clearance, rock bolting and rock picking for the protection of the Parson Street to Royal Portbury Dock railway, ecological mitigation, installation of fencing and access for minor works to railway
In the District of North Somerset, Abbots Leigh	13/55	Access to works, rock picking, rock bolting, vegetation clearance, working space and environmental mitigation	Vegetation clearance, rock bolting and rock picking for the protection of the Parson Street to Royal Portbury Dock railway, ecological mitigation, installation of fencing and access for minor works to existing railway
In the District of North Somerset, Abbots Leigh	14/05	Access to works, rock picking, rock bolting, vegetation clearance, working space and environmental mitigation	Vegetation clearance, rock bolting and rock picking for the protection of the Parson Street to Royal Portbury Dock railway, ecological mitigation
In the City and County of Bristol	14/10, 14/25, 14/35	Access to works	Work No. 25 Vegetation clearance, rock bolting and rock picking for the protection of the Parson Street to Royal Portbury Dock railway, ecological mitigation, installation of fencing and access for minor works to railway
In the City and County of Bristol	15/15	Temporary construction compound, materials storage and access to works	Work Nos. 26 and 26A installation of fencing and access for minor works to Parson Street to Royal Portbury Dock railway
In the City and County of Bristol	16/56, 16/57. 16/58, 16/61, 16/62, 16/63, 16/75, 16/80, 16/85	Access to works	Work No. 28
In the City and County of Bristol	17/05, 17/20	Temporary construction compound, materials storage and access to works	Work No. 29
In the City and County of Bristol	17/10, 17/15	Access to works	Work No. 29

SCHEDULE 13 — Hedgerows

PART 1 — Hedgerows to be removed

(1) Location of hedgerow	(2) Work to be carried out	(3) Relevant part of the authorised
North of Sheepway and east of Fennel Way along the south side of the disused railway line shown marked H2/1 on sheet 2 of the hedgerow location plan.	Removal of part of a hedgerow to allow for the temporary construction haul road. Hedgerow to be replanted on completion of works.	Work No. 8
North side of Sheepway west of bridge over disused railway line shown marked H2/2 on sheet 2 of the hedgerow location plan.	Removal of part of a hedgerow to allow for the temporary construction haul road crossing over Sheepway. Hedgerow to be replanted on completion of works.	Work No. 8
South side of Sheepway west of bridge over disused railway line shown marked H2/3 on sheet 2 of the hedgerow location plan.	Removal of end of the hedgerow to allow for the temporary construction haul road east of Sheepway. Hedgerow to be replanted on completion of works.	Work No. 11A
South side of the disused railway line east of Shipway Gate Farm shown marked H2/4 on sheet 2 of the hedgerow location plan.	Removal of end of the hedgerow to allow for the temporary construction haul road. Hedgerow to be replanted on completion of works.	Work No. 11A
South side of the disused railway line east of Shipway Gate Farm shown marked H2/5 on sheet 2 of the hedgerow location plan.	Removal of end of the hedgerow to allow for the temporary construction haul road. Hedgerow to be replanted on completion of works.	Work No. 11A
South side of the disused railway line east of Shipway Gate Farm shown marked H2/6 on sheet 2 of the hedgerow location plan.	Removal of end of the hedgerow to allow for the temporary construction haul road. Hedgerow to be replanted on completion of works.	Work No. 12A
South of the disused railway line and north of the Portbury Hundred, shown marked H3/1 on sheet 2 of the hedgerow location plan.	Removal of part of hedgerow for access within the construction compound. Hedgerow to be replanted on completion of works.	Work No. 12A
Lodway Farm on southern boundary of the disused railway line, shown marked H5/1 on sheets 5 and 6 of the hedgerow location plan.	Removal of part of hedgerow adjacent to the disused line. Hedgerow to be replanted on completion of works.	Work Nos. 1A and 17
Lodway Farm, shown marked H5/2 on sheets 5 and 6 of the hedgerow location plan.	Removal of part of hedgerow for access within the construction compound. Hedgerow to be replanted on completion of works.	Work No. 17
South side of Chapel Pill Lane, Ham Green, Pill, shown marked H8/1 on sheet 8 of the hedgerow location plan.	Removal of part of hedgerow for new access.	Work No. 24

PART 2 — Important Hedgerow

(1) Area	(2) Reference of hedgerow
In the district of North Somerset, at Lodway, Pill	The important hedgerow marked 1 on the important hedgerow plan

SCHEDULE 14 — Traffic Regulation

(1) Road	(2) Extent	(3) Measure
Harbour Road, Portishead	Between the junction of Harbour Road with Harbour Road (leading to Harbour Road Trading Estate) and the junction of Harbour Road with re-aligned Quays Avenue, as shown coloured red on the permanent traffic regulation order plans (Portishead Station)	Prohibition of waiting at any time.
Quays Avenue, Portishead	Between the junction of Quays Avenue with the realigned Harbour Road to the junction of Quays Avenue with Wyndham Way as shown coloured red on the permanent traffic regulation order plans (Portishead Station)	Prohibition of waiting at any time.
Phoenix Way, Portishead	Between the junction of Phoenix Way with the realigned Quays Avenue to a point 47 metres west of the junction of Phoenix Way with Marjoram Way as shown coloured red on the permanent traffic regulation order plans (Portishead Station)	Prohibition of waiting at any time (save for designated parking bays).
Portbury Hundred, Portbury	At a point 457 metres west of the junction of the A369 Portbury Hundred classified road and Station Road, Portbury, either on to or from the highway known as Portbury Hundred at the location shown on the permanent traffic regulation order plans (A369 Portbury Hundred)	Prohibition of right turn manoeuvres.
Monmouth Road, Pill	From the junction of Monmouth Road with Crusty Lane to the junction of Monmouth Road with Station Road as shown coloured red on the permanent traffic regulation order plans (Pill Station)	Prohibition of waiting at any time.
Station Road, Pill	From the junction of Station Road with Monmouth Road to the junction of Station Road with Heywood Road as shown in the locations coloured red on the permanent traffic regulation order plans (Pill Station)	Prohibition of waiting at any time.
New Road, Chapel Row and Myrtle Hill, Pill	To the extent shown coloured red on the permanent traffic regulation order plans (Pill Station)	Prohibition of waiting at any time.
Sambourne Lane, Pill	To the extent shown coloured red on the permanent traffic regulation order plans (Pill Station)	Prohibition of waiting at any time.
Macrae Road, The Sanctuary and Hart Close gyratory, Ham Green, Pill	At the junction of Macrae Road and Hart Close, as shown coloured red on the permanent traffic regulation order plans (Ham Green)	Prohibition of waiting at any time.
Junction of Ham Green and Macrae Road, Ham Green, Pill	At the junction of Ham Green and Macrae Road as shown coloured red on the permanent traffic regulation order plans (Ham Green)	Prohibition of waiting at any time.

SCHEDULE 15 — Amendment of Local Legislation

(1) Title	(2) Byelaw to be disapplied
North Somerset Levels Internal Drainage Board Land Drainage Byelaws 2004	Byelaw 3 (control of introduction of water and increases in flow or volume of water); Byelaw 7 (detrimental substances not to be put in watercourses); Byelaw 14 (vehicles not to be driven on banks); Byelaw 15 (banks not to be used for storage); Byelaw 17 (fences, excavations, pipes, etc.) but only insofar as it relates to 17 (a), (b), (c) and (e); Byelaw 24 (damage to property of the Board).

SCHEDULE 16 — Protective Provisions

PART 1 — Protection for Network Rail Infrastructure Limited

1

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

2

In this Part of this Schedule—

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

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

• “network licence” means the network licence, as the same is amended from time to time, granted to Network Rail Infrastructure Limited by the Secretary of State in exercise of his powers under section 8 (licences) of the Railways Act l993⁷⁷;

• “Network Rail” means Network Rail Infrastructure Limited and any associated company of Network Rail Infrastructure Limited which holds property for railway purposes, and for the purpose of this definition “associated company” means any company which is (within the meaning of section 1159 (meaning of “subsidiary” etc.) of the Companies Act 2006⁷⁸) 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; andany easement or other property interest held or used by Network Rail for the purposes of such railway or works, apparatus or equipment; and

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

3

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

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

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

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

4

• (1) The undertaker must not exercise the powers conferred by articles 24 (compulsory acquisition of land) or 27 (compulsory acquisition of rights or imposition of covenants) or the powers conferred by section 11(3) (powers of entry) of the 1965 Act in respect of any railway property unless the exercise of such powers is with the consent of Network Rail.

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

• (3) The undertaker must not exercise the powers conferred by sections 271 (extinguishment of rights of statutory undertakers: preliminary notices) or 272⁷⁹ (extinguishment of rights of electronic communications code network operators: preliminary notices) of the 1990 Act, as applied by article 37 (statutory undertakers and electronic communications code network operators), in relation to any right of access of Network Rail to railway property, but such right of access may be diverted with the consent of Network Rail.

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

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

5

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

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

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

• (4) When signifying approval of the plans the engineer may specify any protective works (whether temporary or permanent) which in his opinion should be carried out before the commencement of the construction of a specified work to ensure the safety or stability of railway property or the continuation of safe and efficient operation of the railways of Network Rail or the services of operators using the same (including any relocation, de-commissioning and removal of works, apparatus and equipment necessitated by a specified work and the comfort and safety of passengers who may be affected by the specified works), and such protective works as may be reasonably necessary for those purposes must be constructed by Network Rail or by the undertaker, if Network Rail so desires, and such protective works must be carried out at the expense of the undertaker in either case with all reasonable dispatch and the undertaker must not commence the construction of the specified works until the engineer has notified the undertaker that the protective works have been completed to the engineer’s reasonable satisfaction.

6

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

• (a) with all reasonable dispatch in accordance with the plans approved or deemed to have been approved or settled under paragraph 5;

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

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

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

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

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

7

The undertaker must—

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

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

8

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

9

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

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

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

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

10

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

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

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

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

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

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

11

• (1) In this paragraph—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

• (b) any modifications to Network Rail’s apparatus approved pursuant to those sub-paragraphs must be carried out and completed by the undertaker in accordance with paragraph 6.

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

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

• (11) In relation to any dispute arising under this paragraph the reference in article 56 (arbitration) to the Institution of Civil Engineers shall be read as a reference to the Institution of Electrical Engineers.

12

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

13

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

14

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

15

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

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

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

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

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

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

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

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

• (6) In this paragraph—

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

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

16

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

17

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

18

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

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

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

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

19

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

20

The undertaker must give written notice to Network Rail if any application is proposed to be made by the undertaker for the Secretary of State’s consent, under article 10 (consent to transfer benefit of order) of this Order and any such notice must be given no later than 28 days before any such application is made and must describe or give (as appropriate)—

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

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

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

21

The undertaker must no later than 28 days from the date that the plans and documents submitted to and certified by the Secretary of State in accordance with article 55 (documents to be certified) are certified by the Secretary of State, provide a set of those plans and documents to Network Rail in the form of a computer disc with read only memory.

PART 2 — Protection for Electricity, Gas, Water, Petroleum and Sewerage Undertakers.

22

The following provisions of this Part of this Schedule have effect, unless otherwise agreed in writing between the undertaker and the utility undertaker concerned.

23

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 not less efficient than previously;

• “apparatus” means—in the case of an electricity undertaker, electric lines or electrical plant (as defined in the Electricity Act 1989⁸⁰), belonging to or maintained by that undertaker for the purposes of electricity supply;in the case of a gas undertaker, any mains, pipes or other apparatus belonging to or maintained by a gas transporter within the meaning of Part 1 of the Gas Act 1986⁸¹ for the purposes of gas supply;in the case of a water undertaker, mains, pipes or other apparatus belonging to or maintained by that undertaker for the purposes of water supply; andin the case of a sewerage undertaker—any drain or works vested in the undertaker under the Water Industry Act 1991⁸²; andany sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4)⁸³ (adoption of sewers and disposal works) of that Act or an agreement to adopt made under section 104⁸⁴ (agreements to adopt sewer, drain or sewage disposal works, at future date) of that Act,and includes a sludge main, disposal main (within the meaning of section 219 (general interpretation) 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 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; and

• “utility undertaker” means—any licence holder within the meaning of Part 1 of the Electricity Act 1989⁸⁵;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; anda 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 utility undertaker to whom it belongs or by whom it is maintained.

On street apparatus

24

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.

Acquisition of land

25

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

26

• (1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed, that apparatus must not be removed under this Part of this Schedule, and any right of a 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.

• (2) If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, it must give to the utility undertaker in question 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 a utility 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 in question 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 is to 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 56 (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 56, and after the grant to the utility undertaker 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) 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.

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

Facilities and rights for alternative apparatus

27

• (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 56 (arbitration).

• (2) In settling those terms and conditions in respect of alternative apparatus to be constructed in or along any railway, the arbitrator must—

• (a) give effect to all reasonable requirements of Network Rail for ensuring the safety and efficient operation of the railway which forms or is to form part of Network Rail’s network and for securing any subsequent alterations or adaptations of the alternative apparatus which may be required to prevent interference with any proposed works of Network Rail or the undertaker or the traffic on the railway; and

• (b) so far as it may be reasonable and practicable to do so in the circumstances of the particular case, give effect to the terms and conditions, if any, applicable to the apparatus constructed in or along the railway for which the alternative apparatus is to be substituted.

• (3) 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

28

• (1) Not less than 28 days before starting the execution of any works of the type referred to in paragraph 26(2) that are near to, or will or may affect, any apparatus the removal of which has not been required by the undertaker under paragraph 26(2), the undertaker must submit to the utility undertaker in question a plan, section and description of the works to be executed.

• (2) Those works are to be executed only in accordance with the plan, section and description submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by the 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, section and description under sub–paragraph (1) are 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 23 to 27 apply as if the removal of the apparatus had been required by the undertaker under paragraph 26(2).