The A57 Link Roads Development Consent Order 2022

(1) Plot Reference Number shown on Land Plans	(2) Purpose for which temporary possession may be taken	(2) Purpose for which temporary possession may be taken	(3) Relevant part of the authorised development	(3) Relevant part of the authorised development
Land Plans – Sheet 1	Land Plans – Sheet 1	Land Plans – Sheet 1	Land Plans – Sheet 1
1/1h	1/1h	Required for works to improve the M67 Junction 4 roundabout, the construction of a drainage ditch, and the creation of a new public right of way	Work Nos. 3, 7, 40
1/6a	1/6a	Required for works to improve the M67 Junction 4 roundabout, the construction of a drainage ditch, and the creation of a new public right of way	Work Nos. 3, 7, 40
1/9c	1/9c	Required for access to and creation of new culverts for structural inspections and maintenance and the construction of new drainage ditches to the north of the A57 link between M67 and Roe Cross Road	Work Nos. 36, 40
Land Plans – Sheet 2	Land Plans – Sheet 2	Land Plans – Sheet 2	Land Plans – Sheet 2
2/1c	2/1c	Required for works to culverted watercourses and to create new watercourse	Work Nos. 36, 41
2/1d	2/1d	Required for the creation of access and egress points serving land situated south of Edge Lane and for works to culverted watercourses and to create new watercourse	Work Nos.. 9, 36, 41
2/1e	2/1e	Required for the creation of new public rights of way, north and south of the proposed new dual carriageway	Work No. 7
2/1h	2/1h	Required for the creation of new public rights of way, north and south of the proposed new dual carriageway and for the diversion of Hurstclough Brook	Work Nos. 7, 43
2/1j	2/1j	Required for the construction of new drainage ditches.	Work No. 40
2/2a	2/2a	Required for the construction of the proposed Roe Cross Road Bridge and retaining walls to Mottram Underpass and for the creation of drainage ditches	Work Nos. 32, 40
2/2d	2/2d	Required for the construction of the proposed Roe Cross Road Bridge and retaining walls to Mottram Underpass	Work No. 32
2/2f	2/2f	Required for the construction of the proposed Roe Cross Road Bridge and retaining walls to Mottram Underpass	Work No. 32
Land Plans – Sheet 3	Land Plans – Sheet 3	Land Plans – Sheet 3	Land Plans – Sheet 3
3/2x	3/2x	Required for the creation of means of access and egress to the south of the land currently known as the Showground	Work No. 11
3/2aa	3/2aa	Required for the creation of means of access and egress to the south of the land currently known as the Showground	Work No. 11
3/2bb	3/2bb	Required for the creation of means of access and egress to the south of the land currently known as the Showground	Work No. 11
3/2cc	3/2cc	Required for the creation of means of access and egress to the south of the land currently known as the Showground	Work No. 11
3/3e	3/3e	Required for the construction of a new section of the eastbound A57 dual carriageway, new watercourses and utility diversions	Work Nos. 5, 44, 58
3/3f	3/3f	Required for the creation of means of access and egress to the south of the land currently known as the Showground	Work No. 11
3/3h	3/3h	Required for the construction of a new section of the eastbound A57 dual carriageway, new watercourse and the diversion of buried power cables	Work Nos. 5, 44, 61
3/14	3/14	Required for the realignment of Old Hall Lane and the creation of a means of access and egress to the south of land currently known as the Showground	Work Nos. 10, 11
3/15b	3/15b	Required for the creation of means of access and egress to the south of the land currently known as the Showground	Work No. 11
3/16b	3/16b	Required for the creation of means of access and egress to the south of the land currently known as the Showground	Work No. 11
3/17a	3/17a	Required for the creation of means of access and egress to the south of the land currently known as the Showground	Work No. 11
3/18	3/18	Required for the realignment of Old Hall Lane	Work No. 10
3/20a	3/20a	Required for the creation of means of access and egress to the south of the land currently known as the Showground	Work No. 11
3/22b	3/22b	Required for the creation of means of access and egress to the south of the land currently known as the Showground	Work Nos. 11, 66
3/22c	3/22c	Required for the creation of means of access and egress to the south of the land currently known as the Showground	Work No. 11
3/22d	3/22d	Required for the construction of new watercourses to manage local drainage	Work No. 44
3/22e	3/22e	Required for the creation of means of access and egress to the south of the land currently known as the Showground	Work Nos. 11, 66
3/24	3/24	Required for the creation of means of access and egress to the south of the land currently known as the Showground	Work No. 11
3/25	3/25	Required for the construction of new watercourses to manage local drainage	Work No. 44
3/27b	3/27b	Required for the creation of means of access and egress to the south of the land currently known as the Showground	Work No. 11
3/27c	3/27c	Required for the construction of a new section of the eastbound A57 dual carriageway, the diversion of a water sewerage pipe, the construction of new watercourses to manage local drainage and diversion of water sewage pipes	Work Nos. 5, 44, 58
3/27d	3/27d	Required for the creation of means of access and egress to the south of the land currently known as the Showground	Work No. 11
3/28a	3/28a	Required for the creation of means of access and egress to the south of the land currently known as the Showground	Work No. 11
3/28b	3/28b	Required for the creation of means of access and egress to the south of the land currently known as the Showground	Work No. 11
3/29	3/29	Required for the creation of means of access and egress to the south of the land currently known as the Showground	Work No. 11
Land Plans – Sheet 4	Land Plans – Sheet 4	Land Plans – Sheet 4	Land Plans – Sheet 4
4/3a	4/3a	Required for the creation of means of access and egress to the south of the land currently known as the Showground	Work No. 11
4/8b	4/8b	Required for the construction of an earthworks screening bund	Work No. 48
4/9	4/9	Required for the creation of means of access and egress to the south of the land currently known as the Showground	Work No. 11
4/10a	4/10a	Required for the creation of means of access and egress to the south of the land currently known as the Showground	Work No. 11
4/10c	4/10c	Required for the diversion of buried power cables	Work No. 61
4/12c	4/12c	Required for the creation of means of access and egress to the south of the land currently known as the Showground and the development of a short cul de sac to the west of the proposed Mottram Moor Junction	Work Nos. 11, 17, 66
4/12d	4/12d	Required for the diversion of buried power cables	Work No. 61
4/13a	4/13a	Required for the creation of a footpath between the Mottram Moor Junction and the existing footpath, the creation of a culvert to carry an unnamed watercourse and a diversion of Tara Brook south	Work Nos. 21, 36, 45
4/13c	4/13c	Required for the creation of a footpath between the Mottram Moor Junction and the existing footpath the creation of a culvert to carry Tara Brook, a diversion of Tara Brook and the construction of an earthworks screening bund	Work Nos. 21, 36, 45, 48
4/13f	4/13f	Required for the creation of a private access track for the maintenance of a pond	Work No. 20
4/13h	4/13h	Required for the creation of a culvert to carry Tara Brook, a diversion of Tara Brook and the construction of various drainage ditches	Work Nos. 36, 45, 46
4/13i	4/13i	Required for the construction of a drainage retention pond, the diversion of Tara Brook and the diversion of existing water main	Work Nos. 38, 45, 59
4/13k	4/13k	Required for the construction of various drainage ditches and the construction of an earthworks screening bund	Work Nos. 46, 48
4/14b	4/14b	Required for the diversion of buried power cables	Work No. 61
4/20	4/20	Required for the creation of a private access track for the maintenance of a pond	Work No. 20
4/22b	4/22b	Required for the diversion of existing water main and the diversion of Tara Brook	Work Nos. 59, 45
Land Plans – Sheet 5	Land Plans – Sheet 5	Land Plans – Sheet 5	Land Plans – Sheet 5
5/1a	5/1a	Required for the construction of various drainage ditches and the construction of an earthworks screening bund	Work Nos. 46, 48
5/1c	5/1c	Required for the realignment of Carrhouse Lane and the construction of various drainage ditches	Work Nos. 23, 46
5/1e	5/1e	Required for the creation of a new bridleway, the construction of the A57 Link Road and the realignment of Carrhouse Lane	Work Nos. 14, 22, 23
5/1g	5/1g	Required for the construction of the A57 Link Road and the realignment of Carrhouse Lane	Work Nos. 22, 23
5/1h	5/1h	Required for the realignment of Carrhouse Lane	Work No. 23
5/1k	5/1k	Required for the realignment of Carrhouse Lane and the construction of various drainage ditches	Work Nos. 23, 46
5/2	5/2	Required for the construction of the A57 Link Road and the creation of a private, field access track from Carrhouse Lane to a field east of Carrhouse Lane	Work Nos. 22, 24
5/3	5/3	Required for the realignment of Carrhouse Lane, together with a new access track and public footpath, including associated earthworks and drainage	Work No. 23
5/6a	5/6a	Required for the creation of a private, field access track from Carrhouse Lane to a field east of Carrhouse Lane	Work No. 24
5/6d	5/6d	Required for the realignment of Carrhouse Lane, together with a new access track and public footpath, including associated earthworks and drainage	Work No. 23
5/7b	5/7b	Required for the construction of various drainage ditches	Work No. 46
5/7c	5/7c	Required for the realignment of Carrhouse Lane, together with a new access track and public footpath, including associated earthworks and drainage	Work No. 23
5/7e	5/7e	Required for the creation of a new access track to Carrhouse Lane Farm	Work No. 56
5/7g	5/7g	Required for the creation of a new access track to Carrhouse Lane Farm	Work No. 56
5/7h	5/7h	Required for the creation of a new access track to Carrhouse Lane Farm	Work No. 56
5/8	5/8	Required for the construction of various drainage ditches	Work No. 46
5/9a	5/9a	Required for the creation of a private, field access track from Carrhouse Lane to a field east of Carrhouse Lane and the construction of various drainage ditches	Work Nos. 24, 46, 66
5/9c	5/9c	Required for the creation of a new access track to Carrhouse Lane Farm	Work No. 56
5/9e	5/9e	Required for the creation of a new access track to Carrhouse Lane Farm	Work No. 56
5/9f	5/9f	Required for the creation of a new access track to Carrhouse Lane Farm	Work No. 56
5/9g	5/9g	Required for the creation of a new access track to Carrhouse Lane Farm	Work No. 56
Land Plans – Sheet 6	Land Plans – Sheet 6	Land Plans – Sheet 6	Land Plans – Sheet 6
6/1a	6/1a	Required for the diversion of a footpath facilitating a private access track to Pond 3 and access to an existing maintenance track, the creation of a culvert to carry a drainage ditch and the construction of various drainage ditches	Work Nos. 25, 36, 46
6/1c	6/1c	Required for the construction of various drainage ditches	Work Nos. 46, 66
6/2c	6/2c	Required for the diversion of a footpath facilitating a private access track to Pond 3 and access to an existing maintenance track, plus the construction of various drainage ditches	Work Nos. 25, 46, 66
6/2e	6/2e	Required for the diversion of a footpath and the creation of new access tracks, the construction of the proposed River Etherow bridge, the creation of a culvert to carry drainage ditch and the construction of various drainage ditches	Work Nos. 25, 35, 36, 46
6/2f	6/2f	Required for the construction of the proposed River Etherow bridge, the construction of various drainage ditches and the establishment of environmental mitigation and enhancement	Work Nos. 35, 46, 50
6/2h	6/2h	Required for the construction of various drainage ditches	Work No. 46
6/2k	6/2k	Required for the construction of the proposed River Etherow bridge and the construction of various drainage ditches	Work Nos. 35, 46
6/2m	6/2m	Required for the construction of various drainage ditches	Work No. 46
6/2p	6/2p	Required for the construction of an at grade signalised T-Junction	Work No. 27
6/2q	6/2q	Required for the creation of a bridleway along the south side of A57 Link Road and road widening and resurfacing	Work Nos. 26, 28
6/2r	6/2r	The creation of a bridleway along the south side of A57 Link Road, the construction of an at grade signalised T-Junction and the construction of a new private access	Work Nos. 26, 27, 30
6/3a	6/3a	Required for the construction of various drainage ditches	Work Nos. 46, 66
6/3d	6/3d	Required for the diversion of a footpath and creation of an access track	Work No. 25
6/5	6/5	Required for the construction of an at grade signalised T-Junction and the creation of controlled pedestrian/cycle crossing	Work Nos. 27, 29
6/6	6/6	Required for the construction of an at grade signalised T-Junction and the creation of controlled pedestrian/cycle crossing	Work Nos. 27, 29
Land Plans – Sheet 7	Land Plans – Sheet 7	Land Plans – Sheet 7	Land Plans – Sheet 7
7/1a	7/1a	Required for the establishment of a construction compound and the undertaking of associated construction activities	All works
7/1c	7/1c	Required for the establishment of a construction compound and the undertaking of associated construction activities	All works
Land Plans – Sheet 8	Land Plans – Sheet 8	Land Plans – Sheet 8	Land Plans – Sheet 8
8/7a	8/7a	Required for the creation of an earthwork screening bund	Work No. 48
8/8a	8/8a	Required for the creation of a footpath between the new Mottram Moor Junction and existing footpath, creation of a culvert to carry Tara Brook, the diversion of Tara Brook and the location of bat boxes installed on existing trees	Work Nos. 21, 36, 45, 50
8/8d	8/8d	Required for the creation of a footpath between the new Mottram Moor Junction and existing footpath and the diversion of Tara Brook	Work Nos. 21, 45
Land Plans – Sheet 9	Land Plans – Sheet 9	Land Plans – Sheet 9	Land Plans – Sheet 9
9/7a	9/7a	Required for the realignment of Carrhouse Lane and the construction of various drainage ditches	Work Nos. 23, 46
9/7e	9/7e	Required for the realignment of Carrhouse Lane, together with a new access track and public footpath, including associated earthworks and drainage	Work No. 23
9/9a	9/9a	Required for the realignment of Carrhouse Lane and the construction of various drainage ditches.	Work Nos. 23, 46
9/16	9/16	Required for the realignment of Carrhouse Lane, together with a new access track and public footpath, including associated earthworks and drainage	Work No. 23

SCHEDULE 8 — HEDGEROWS AND TREES

PART 1 — HEDGEROWS

(1) Hedgerow	(2) Work to be carried out	(3) Relevant part of the authorised development	(4) Important Hedgerow
H1 – Defunct – Species Poor – 93 metres	Partial removal	Work Nos. 7(i) & 40	No
H3 – Defunct – Species Poor – 87 metres	Full removal	Work Nos. 5 & 6	No
H5 – Defunct – Species Poor – 310 metres	Partial removal	Work Nos. 5 & 6	No
H7 – Intact – Species Poor – 104 metres	Full removal	Work Nos. 15 & 16	No
H8 – Defunct – Species Poor – 119 metres	Full removal	Work No. 6	No
H9 – Hedgerows with Trees – Species Poor – 64 metres	Full removal	Work No. 6	No
H10 – Hedgerow with tree species – Species Poor – 66 metres	Full removal	Work No. 5 & 6	No
H11 – Defunct – Species Poor – 66 metres	Full removal	Work No. 6	No
H12 – Intact – Species Poor – 247 metres	Partial removal	Work No. 5 & 6	No
H13 – Intact – Species Poor – 93 metres	Full removal	Work No. 12	No
H14 – Intact – Species Poor – 173 metres	Full removal	Work No. 12	No
H15 – Defunct – Species Poor – 56 metres	Full removal	Work No. 5	No
H16 – Hedgerow with tree species – Species Poor – 145 metres	Partial removal	Work Nos. 44 & 58	No
H17 – Intact – Species Poor – 119 metres	Partial removal	Work Nos. 61 & 44	No
H24 – Hedgerow with tree species – Species Rich – 131 metres	Partial removal	Work Nos. 61 & 5	Yes
H28 – Defunct – Species Poor – 159 metres	Partial removal	Work No. 56	No
H29 – Hedgerows with Trees – Species Poor – 252 metres	Partial removal	Work No. 22	No
H31 – Intact – Species Poor – 183 metres	Full removal	Work No. 27	No
H32 – Intact – Species Rich – 140 metres	Partial removal	Work No. 22	No
H33 – Defunct – Species Poor – 371 metres	Partial removal	Work No. 22	No
H36 – Intact – Species Poor – 67 metres	Full removal	Work No. 22	No
H37 – Hedgerows with Trees – Species Poor – 157 metres	Partial removal	Work No. 22	No
H39 – Hedgerows with Trees – Species Poor – 101 metres	Partial removal	Work Nos. 22 & 23	No
H42 – Hedgerows with Trees – Species Poor – 42 metres	Full removal	Work No. 35	No
H43 – Line of Trees – 326 metres	Partial removal	Work Nos. 47(iii) & 6	No
H45 – Intact Species Rich – 192 metres	Full removal	Work Nos. 5 & 6	No
H46 – Line of Trees – 115 metres	Full removal	Works no. 5 & 6	No
H47 – Line of Trees – 146 metres	Partial removal	Work No. 56	No
H48 – Hedgerow Species Poor – 29 metres	Partial removal	Work No. 35	No

PART 2 — TREES SUBJECT TO TREE PRESERVATION ORDERS

(1) Type of tree	(2) Work to be carried out	(3) Relevant part of the authorised development	(4) Tree Preservation Order (TPO) reference
W042 – Beech (Fagus sylvatica), Sycamore (Acer pseudoplatanus), Elm (Ulmus spp.), Horse Chestnut (Aesculus hippocastanum), Ash (Fraxinus excelsior)	Felling (part of Group)	Work No. 33	L13-W2
W042 – Beech (Fagus sylvatica), Sycamore (Acer pseudoplatanus), Elm (Ulmus spp.), Horse Chestnut (Aesculus hippocastanum), Ash (Fraxinus excelsior)	Partial felling (part of Group that sits within the Red Line Boundary)	Work Nos. 5 & 6	L15-W1

SCHEDULE 9 — PROTECTIVE PROVISIONS

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

1

• (1) For the protection of the utility undertakers referred to in this Part of this Schedule the following provisions have effect, unless otherwise identified in another Part of this Schedule or agreed in writing between the undertaker and the utility undertaker concerned.

• (2) Subject to sub-paragraph (3) or to the extent otherwise agreed in writing between the undertaker and the utility undertaker concerned, where the benefit of this Order is transferred or granted to another person under article 9 (consent to transfer benefit of Order), any agreement of the type mentioned in sub-paragraph (1) has effect as if it had been made between the utility undertaker concerned and the transferee or grantee (as the case may be).

• (3) Sub-paragraph (2) does not apply where the benefit of the Order is transferred or granted to the utility undertaker concerned (but see paragraph 11(3)(b)).

2

In this Part of this Schedule—

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

• “apparatus” means— in the case of an electricity undertaker, electric lines or electrical plant (as defined in the Electricity Act 1989⁹³), belonging to or maintained by that utility 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 1986⁹⁴ for the purposes of gas supply; in the case of a water undertaker, mains, pipes or other apparatus belonging to or maintained by that utility undertaker for the purposes of water supply; and in the case of a sewerage undertaker— any drain or works vested in the utility undertaker under the Water Industry Act 1991⁹⁵; and any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4)⁹⁶ (adoption of sewers and disposal works) of that Act or an agreement to adopt made under section 104⁹⁷ (agreement to adopt sewers, drains or sewage disposal works at a 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;

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

• “utility undertaker” means— any licence holder within the meaning of Part 1 of the Electricity Act 1989; a gas transporter within the meaning of Part 1 of the Gas Act 1986; a water undertaker within the meaning of the Water Industry Act 1991; and a sewerage undertaker within the meaning of Part 1 of the Water Industry Act 1991, for the area of the authorised development, and in relation to any apparatus, means the utility undertaker to whom it belongs or by whom it is maintained.

On street apparatus

3

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

Apparatus in stopped up streets

4

• (1) Where any street is stopped up under article 15 (permanent stopping up and restriction of use of highways, streets and private means of access), any utility undertaker whose apparatus is in the street has the same powers and rights in respect of that apparatus as it enjoyed immediately before the stopping up and the undertaker must grant to the utility undertaker legal easements reasonably satisfactory to the utility undertaker in respect of such apparatus and access to it, but nothing in this paragraph affects any right of the undertaker or of the utility undertaker to require the removal of that apparatus under paragraph 7 or the power of the undertaker to carry out works under paragraph 9.

• (2) Regardless of the temporary alteration, diversion prohibition, or restriction of the use of any highway under the powers conferred by article 14 (temporary alteration, diversion, prohibition and restriction of the use of streets), a utility undertaker is at liberty at all times to take all necessary access across any such stopped up highway and to execute and do all such works and things in, upon or under any such highway as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the temporary alteration, diversion, prohibition or restriction of the use of any highway was in that highway.

Protective works to buildings

5

The undertaker, in the case of the powers conferred by article 20 (protective work to buildings), must exercise those powers so as not to obstruct or render less convenient the access to any apparatus.

Acquisition of land

6

Regardless of any provision in this Order or anything shown on the land plans, the undertaker must not acquire any apparatus otherwise than by agreement.

Removal of apparatus

7

• (1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed or requires that the utility undertaker’s apparatus is relocated or diverted, that apparatus must not be removed under this Part of this Schedule, and any right of a utility undertaker to maintain that apparatus in that land must not be extinguished, until alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the utility undertaker in question in accordance with sub-paragraphs (2) to (6).

• (2) If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, the undertaker must give to the utility undertaker in question 28 days’ written notice of that requirement, together with a plan 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 must be constructed in such manner and in such line or situation as may be agreed between the utility undertaker in question and the undertaker or in default of agreement settled by arbitration in accordance with article 44 (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 44 (arbitration), and after the grant to the utility undertaker of any such facilities and rights as are referred to in sub-paragraphs (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.

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

Facilities and rights for alternative apparatus

8

• (1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to a utility undertaker facilities and rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities and rights are to be granted upon such terms and conditions as may be agreed between the undertaker and the utility undertaker in question or in default of agreement settled by arbitration in accordance with article 44 (arbitration).

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

Retained apparatus

9

• (1) Not less than 28 days before starting the execution of any works in, on or under any land purchased, held, appropriated or used under this Order that are near to, or will or may affect, any apparatus the removal of which has not been required by the undertaker under paragraph 7(2), the undertaker must submit to the utility undertaker in question a plan of the works to be executed.

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

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

• (4) If a utility undertaker, in accordance with sub-paragraph (3) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 1 to 3 and 6 to 8 apply as if the removal of the apparatus had been required by the undertaker under paragraph 7(2).

• (5) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any works, a new plan instead of the plan previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan.

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

Expenses and costs

10

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

• (2) The value of any apparatus removed under the provisions of this Part of this Schedule must be deduced from any sum payable under sub-paragraph (1), 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 44 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the utility undertaker in question by virtue of sub-paragraph (1) must be reduced by the amount of that excess.

• (4) For the purposes of sub-paragraph (3)—

• (a) an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and

• (b) where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be treated as if it also had been agreed or had been so determined.

• (5) An amount which apart from this sub-paragraph would be payable to a utility undertaker in respect of works by virtue of sub-paragraph (1), if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the utility undertaker any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, is to be reduced by the amount which represents that benefit.

11

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

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

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

by reason or in consequence of any such damage or interruption.

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

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

• (a) any damage or interruption to the extent that it is attributable to the act, neglect or default of a utility undertaker, its officers, servants, contractors or agents, or

• (b) any part of the authorised development carried out by a utility undertaker in the exercise of any functions conferred by this Order pursuant to a transfer or grant under article 9 (consent to transfer benefit of Order).

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

Cooperation

12

Where in consequence of the proposed construction of any part of the authorised development, the undertaker or a utility undertaker requires the removal of apparatus under paragraph 7(2) or a utility undertaker makes requirements for the protection or alteration of apparatus under paragraph 9, the undertaker must use 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 the utility undertaker’s undertaking and each utility undertaker must use its best endeavours to co-operate with the undertaker for that purpose.

13

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

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

14

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

15

In this Part of this Schedule—

• “the 2003 Act” means the Communications Act 2003⁹⁸;

• “electronic communications apparatus” has the same meaning as in the electronic communications code;

• “the electronic communications code” has the same meaning as in section 106⁹⁹ (application of the electronic communications code) of the 2003 Act;

• “electronic communications code network” means— so much of an electronic communications network or infrastructure system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 of the 2003 Act; and an electronic communications network which the undertaker is providing or proposing to provide;

• “electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106 of the 2003 Act;

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

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

16

The exercise of the powers conferred by article 33 (statutory undertakers) is subject to Part 10 (undertaker’s works affecting electronic communications apparatus) of the electronic communications code.

17

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

• (a) any damage is caused to any electronic communications apparatus belonging to an operator (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of the authorised development), or other property of an operator; or

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

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

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

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

• (4) Any difference arising between the undertaker and the operator under this Part of this Schedule must be referred to and settled by arbitration under article 44 (arbitration).

• (5) This Part of this Schedule does not apply to—

• (a) any apparatus in respect of which the relations between the undertaker and an operator are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act; or

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

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

PART 3 — FOR THE PROTECTION OF DRAINAGE AUTHORITIES

18

The provisions of this Part have effect for the protection of the drainage authority unless otherwise agreed in writing between the undertaker and the drainage authority.

19

In this Part of this Schedule—

• “construction” includes execution, placing, altering, replacing, relaying and removal, and “construct” is to be construed accordingly;

• “drainage authority” means— the drainage board concerned within the meaning of section 23¹⁰⁰ (prohibition on obstructions etc. in watercourses) of the Land Drainage Act 1991; or in the case of any area for which there is no such drainage board, the lead local flood authority within the meaning of section 6 (other definitions) of the Flood and Water Management Act 2010¹⁰¹;

• “drainage work” means any watercourse and includes any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage or flood defence which is the responsibility of the drainage authority subject to such changes as notified to the undertaker;

• “ordinary watercourse” has the meaning given by section 72 (interpretation) of the Land Drainage Act 1991;

• “plans” includes any information reasonably required by the drainage authority including location details, grid references, sections, drawings, specifications, assessments and method statements;

• “specified work” means so much of any work or operation authorised by this Order as is in, on, under, over or within 9 metres of a drainage work or is otherwise likely to— affect any drainage work or the volumetric rate of flow of water in or flowing to or from any drainage work; affect the flow, purity or quality of water in any watercourse; or affect the conservation, distribution or use of water resources.

20

• (1) Not less than 2 months before commencing construction of a specified work, the undertaker must submit to the drainage authority plans of the specified work and such further particulars available to it as the drainage authority may within 28 days of the submission of the plans reasonably require.

• (2) The undertaker must not commence construction of the specified work until 2 months’ notice of the commencement of the specified work has been given to the drainage authority and approval, unconditionally or conditionally, has been given as provided in this paragraph.

• (3) A specified work must not be constructed except in accordance with such plans as may be approved in writing by the drainage authority or determined under paragraph 28.

• (4) Any approval of the drainage authority required under this paragraph—

• (a) must not be unreasonably withheld or delayed; and

• (b) is deemed to have been given if it is neither given nor refused within 2 months of the submission of the plans for approval, or submission of further particulars (where required by the drainage authority under sub-paragraph (1)) whichever is the later, and may be given subject to such reasonable requirements as the drainage authority may make for the protection of any drainage work, for the protection of any navigation work, for the protection of water resources, for the prevention of pollution or in the discharge of its environmental functions.

• (5) Any refusal under this paragraph must be accompanied by a statement of the reasons for refusal.

21

Without limiting the scope of paragraph 20, the requirements which the drainage authority may make under that paragraph include conditions requiring the undertaker at its own expense to construct such protective works, whether temporary or permanent, during the construction of the specified work (including the provision of flood banks, walls or embankments or other new works and the strengthening, repair or renewal of existing banks, walls or embankments) as are reasonably necessary—

• (a) to safeguard any drainage work against damage by reason of any specified work; or

• (b) to secure that the efficiency of any drainage work for flood defence and land drainage purposes is not impaired, and that the risk of flooding is not otherwise increased, by reason of any specified work.

22

• (1) Subject to sub-paragraph (2), any specified work, and all protective works required by the drainage authority under paragraph 21, must be constructed—

• (a) without unreasonable delay in accordance with the plans approved or deemed to have been approved or settled under this Part of this Schedule; and

• (b) to the reasonable satisfaction of the drainage authority, and an officer of the drainage authority is entitled to watch and inspect the construction of such works.

• (2) The undertaker must give to the drainage authority—

• (a) not less than 14 days’ notice in writing of its intention to commence construction of any specified work; and

• (b) notice in writing of its completion not later than 7 days after the date of completion.

• (3) If the drainage authority reasonably requires, the undertaker must construct all or part of the protective works so that they are in place before the construction of the specified work.

• (4) If any part of a specified work or any protective work required by the drainage authority is constructed otherwise than in accordance with the requirements of this Part of this Schedule, the drainage authority may by notice in writing require the undertaker at the undertaker’s expense to comply with the requirements of this Part of this Schedule or (if the undertaker so elects and the drainage authority in writing consents, such consent not to be unreasonably withheld or delayed) to remove, alter or pull down the work and, where removal is agreed, to restore the site to its former condition to such extent and within such limits as the drainage authority reasonably requires.

• (5) Subject to sub-paragraph (6), if within a reasonable period, being not less than 28 days from the date when a notice under sub-paragraph (4) is served on the undertaker, the undertaker has failed to begin taking steps to comply with the requirements of the notice and subsequently to make reasonably expeditious progress towards their implementation, the drainage authority may execute the works specified in the notice and any expenditure incurred by it in so doing is recoverable from the undertaker.

• (6) In the event of any dispute as to whether sub-paragraph (4) is properly applicable to any work in respect of which notice has been served under that sub-paragraph, or as to the reasonableness of any requirement of such a notice, the drainage authority must not except in an emergency exercise the powers conferred by sub-paragraph (5) until the dispute has been finally determined.

23

• (1) Subject to sub-paragraph (5), the undertaker must from the commencement of the construction of the specified work maintain in good repair and condition and free from obstruction any drainage work which is situated within the limits of deviation and on land held by the undertaker for the purposes of or in connection with the specified work, whether or not the drainage work is constructed under the powers conferred by this Order or is already in existence.

• (2) If any drainage work which the undertaker is liable to maintain is not maintained to the reasonable satisfaction of the drainage authority, the drainage authority may by notice in writing require the undertaker to repair and restore the work, or any part of the work, or (if the undertaker so elects and the drainage authority in writing consents, such consent not to be unreasonably withheld or delayed), to remove the specified work and restore the site to its former condition, to such extent and within such limits as the drainage authority reasonably requires.

• (3) If, within a reasonable period being not less than 28 days beginning with the date on which a notice in respect of any drainage work is served under sub-paragraph (2) on the undertaker, the undertaker has failed to begin taking steps to comply with the reasonable requirements of the notice and has not subsequently made reasonably expeditious progress towards their implementation, the drainage authority may do what is necessary for such compliance and may recover any expenditure reasonably incurred by it in so doing from the undertaker.

• (4) In the event of any dispute as to the reasonableness of any requirement of a notice served under sub-paragraph (2), the drainage authority must not except in a case of emergency exercise the powers conferred by sub-paragraph (3) until the dispute has been finally determined.

• (5) This paragraph does not apply to—

• (a) drainage works which are vested in the drainage authority, or which the drainage authority or another person is liable to maintain and is not prevented by this Order from so doing; and

• (b) any obstruction of a drainage work for the purpose of a work or operation authorised by this Order and carried out in accordance with the provisions of this Part of this Schedule, provided that any obstruction is removed as soon as reasonably practicable.

24

If by reason of the construction of a specified work or of the failure of any such work the efficiency of any drainage work for flood defence purposes or land drainage is impaired, or that drainage work is otherwise damaged, the impairment or damage must be made good by the undertaker as soon as reasonably practicable to the reasonable satisfaction of the drainage authority and, if the undertaker fails to do so, the drainage authority may make good the impairment or damage and recover from the undertaker the expense reasonably incurred by it in doing so.

25

The undertaker must indemnify the drainage authority in respect of all costs, charges and expenses which the drainage authority may reasonably incur, have to pay or sustain—

• (a) in the examination or approval of plans under this Part of this Schedule;

• (b) in inspecting the construction of the specified work or any protective works required by the drainage authority under this Part of this Schedule; and

• (c) in carrying out any surveys or tests by the drainage authority which are reasonably required in connection with the construction of the specified work.

26

• (1) Without limiting the other provisions of this Part of this Schedule, the undertaker must indemnify the drainage authority from all claims, demands, proceedings, costs, damages, expenses or loss, which may be made or taken against, recovered from, or incurred by, the drainage authority by reason of—

• (a) any damage to any drainage work;

• (b) any raising or lowering of the water table in land adjoining the authorised project or in any sewers, drains and watercourses; or

• (c) any flooding or increased flooding of any such lands,

caused by the construction of any specified work or any act or omission of the undertaker, its contractors, agents or employees whilst engaged on the work.

• (2) The drainage authority must give to the undertaker reasonable notice of any such claim or demand, and no settlement or compromise may be made without the agreement of the undertaker which agreement must not be unreasonably withheld or delayed.

27

The fact that any work or thing has been executed or done by the undertaker in accordance with a plan approved or deemed to be approved by the drainage authority, or to its satisfaction, or in accordance with any directions or award of an arbitrator, does not relieve the undertaker from any liability under this Part of this Schedule.

28

Any dispute arising between the undertaker and the drainage authority under this Part of this Schedule, if the parties agree, is to be determined by arbitration under article 44 (arbitration), but otherwise is to be determined by the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State for Energy Security and Net Zero acting jointly on a reference to them by the undertaker or the drainage authority, after notice in writing by one to the other.

PART 4 — FOR THE PROTECTION OF NATIONAL GRID AS ELECTRICITY UNDERTAKER

Application

29

• (1) For the protection of National Grid as referred to in this Part of this Schedule the following provisions have effect, unless otherwise agreed in writing between the undertaker and National Grid.

• (2) Subject to sub-paragraph (3) or to the extent otherwise agreed in writing between the undertaker and National Grid, where the benefit of this Order is transferred or granted to another person under article 9 (consent to transfer benefit of Order)—

• (a) any agreement of the type mentioned in sub-paragraph (1) has effect as if it had been made between National Grid and the transferee or grantee (as the case may be); and

• (b) written notice of the transfer or grant must be given to National Grid on or before the date of that transfer or grant.

• (3) Sub-paragraph (2) does not apply where the benefit of the Order is transferred or granted to National Grid (but see paragraph 39(3)(b)).

Interpretation

30

In this Part of this Schedule—

• “alternative apparatus” means appropriate alternative apparatus to the reasonable satisfaction of National Grid to enable National Grid to fulfil its statutory functions in a manner no less efficient than previously;

• “apparatus” means any electric lines or electrical plant as defined in the Electricity Act 1989, belonging to or maintained by National Grid together with any replacement apparatus and such other apparatus constructed pursuant to the Order that becomes operational apparatus of National Grid for the purposes of transmission, distribution or supply and includes any structure in which apparatus is or will be lodged or which gives or will give access to apparatus;

• “authorised works” has the same meaning as is given to the term “authorised development” in article 2(1) and includes any associated development authorised by the Order and for the purposes of this Part of this Schedule includes the use and maintenance of the authorised works and construction of any works authorised by this Schedule;

• “commence” and “commencement” in paragraph 38, 39 and 41 includes any below ground surveys, monitoring, ground work operations or the receipt and erection of construction plant and equipment;

• “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, 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;

• “ground mitigation scheme” means a scheme approved by National Grid (such approval not to be unreasonably withheld or delayed) setting out the necessary measures (if any) for a ground subsidence event;

• “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;

• “National Grid” means National Grid Electricity Transmission Plc or any successor as a licence holder within the meaning of Part 1 of the Electricity Act 1989;

• “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;

• “specified works” means any of the authorised works or activities undertaken in association with the authorised works 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 35(2) or otherwise; ormay in any way adversely affect any apparatus the removal of which has not been required by the undertaker under paragraph 35(2) or otherwise.

31

Except for paragraphs 32 (apparatus in stopped up streets), 37 (retained apparatus: protection) and 39 (indemnity) 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.

Apparatus of National Grid in stopped up streets

32

• (1) Where any street is stopped up under article 15 (permanent stopping up, restriction of use of highways, streets and private means of access), if National Grid has any apparatus in the street or accessed via that street National Grid has the same rights in respect of that apparatus as it enjoyed immediately before the stopping up and the undertaker must grant to National Grid, or procure the granting to National Grid of, legal easements reasonably satisfactory to National Grid in respect of such apparatus and access to it prior to the stopping up of any such street but nothing in this paragraph affects any right of the undertaker or National Grid to require the removal of that apparatus under paragraph 35 or the power of the undertaker, subject to compliance with this sub-paragraph, to carry out works under paragraph 37.

• (2) Notwithstanding the temporary alteration, diversion, prohibition or restriction of the use of any highway under the powers of article 14 (temporary alteration, diversion prohibition and restriction of the use of streets), National Grid is at liberty at all times to take all necessary access across any such altered, diverted, prohibited or restricted highway and to execute and do all such works and things in, upon or under any such highway as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the alteration, diversion, prohibition or restriction of the use was in that highway.

Protective works to buildings

33

The undertaker must exercise the powers conferred by article 20 (protective work to buildings) so as not to obstruct or render less convenient the access to any apparatus without the written consent of National Grid (such consent not to be unreasonably withheld).

Acquisition of land

34

• (1) Regardless of any provision in this Order or anything shown on the land plans, the undertaker may not acquire any interest in land or apparatus or override any easement or other interest of National Grid otherwise than by agreement.

• (2) As a condition of an agreement between the parties in sub-paragraph (1), prior to the carrying out of any part of the authorised works (or in such other timeframe as may be agreed between National Grid and the undertaker) that is 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 affect 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 and 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 works.

• (3) The undertaker and National Grid agree that 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 this Part of this Schedule prevail.

• (4) Any agreement or consent granted by National Grid under paragraph 37 or any other paragraph of this Part of this Schedule, is not to be taken to constitute agreement under sub-paragraph (1).

Removal of apparatus

35

• (1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in or possesses temporarily 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).

• (2) If, for the purpose of executing any 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 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), afford to National Grid to its reasonable satisfaction (taking into account paragraph 36(1)) the necessary facilities and rights—

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

• (b) 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 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 National Grid to use its 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 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.

Facilities and rights for alternative apparatus

36

• (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 under sub-paragraph (1) 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, the matter may be referred to arbitration in accordance with paragraph 43 (arbitration) 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

37

• (1) Not less than 56 days before the commencement of any specified works 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 works which will or may be situated on, over, under or within 15 metres measured in any direction of any apparatus, or 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 describe—

• (a) the exact position of the works;

• (b) the level at which these 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, in addition to the matters set out in sub-paragraph (2), include a method statement describing—

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

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

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

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

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

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

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

• (h) evidence that trench bearing capacity is to be designed to support overhead line construction traffic of up to 26 tonnes in weight.

• (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.

• (5) Any approval of National Grid required under sub-paragraphs (4)—

• (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.