Legalize / United Kingdom / Statutory-Instrument

The A47 Wansford to Sutton Development Consent Order 2023

Type Statutory-Instrument

Publication 2023-02-17

Last updated 2023-06-17

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

(1) Location	(2) Plot Reference Number shown on land plans	(3) Purpose for which temporary possession may be taken	(4) Relevant part of the authorised development
Parish of Thornhaugh	1/1a	Temporary storage and working area to support construction of the following in adjoining land parcels: a new private means of access to 4 properties, diversion, protection and removal of potable water pipes and the protection of the NGG gas pipeline including the crossing of Work No. 2.	2, 3, 4
Parish of Thornhaugh	1/1c	Temporary storage and working area to support construction of the following in adjoining land parcels: a new private means of access to 4 properties, diversion, protection and removal of potable water pipes, electronic communication cables and apparatus, and overhead and underground electricity cables.	2, 3
Parish of Thornhaugh	1/1e	Temporary storage and working area to support construction of the following in adjoining land parcels: diversion, protection and removal of potable water pipes, electronic communication cables and apparatus, overhead and underground electricity cables crossing Work No. 2 and protection of NGG gas pipeline.	3, 4
Parish of Thornhaugh	1/3a	Temporary storage and working area to support construction of the following in adjoining land parcels: diversion, protection and removal of potable water pipes, electronic communication cables and apparatus, and overhead and underground electricity cables and adjacent utility works.	3
Parish of Thornhaugh	1/3c	Temporary storage and working area to support construction of the following in adjoining land parcels: diversion, protection and removal of potable water pipes, electronic communication cables and apparatus, and overhead and underground electricity cables and adjacent utility works.	3
Parish of Thornhaugh	1/9a	Protection, diversion and removal of existing water pipes, electricity and telecommunications cables and associated apparatus Temporary storage and working area to support construction of the following in adjoining land parcels: new private means of access to 4 properties and a service vehicle turning point including earthworks and associated drainage. Temporary storage and working area to support construction of the following in adjoining land parcels: diversion, protection and removal of potable water pipes, electronic communication cables and apparatus, and overhead and underground electricity cables and adjacent utility works.	2, 3
Parish of Thornhaugh	1/10a	Temporary storage and working area to support construction of the following in adjoining land parcels: diversion, protection and removal of potable water pipes, electronic communication cables and apparatus, and overhead and underground electricity cables and adjacent utility works.	3, 5
Parish of Wansford	2/1d	Temporary protection of electricity and telecommunications cables and associated apparatus. Temporary storage and working area to support construction of the following in adjoining land parcels: improvement to the eastbound carriageway of the existing A47 including the realignment of the central reserve and a new cycle crossing point at the Wansford western roundabout.	12
Parish of Thornhaugh	2/3b	Temporary storage and working area to support construction of the following in adjoining land parcels: new carriageway to create a free flow link from A1 southbound to the dualled A47 eastbound including embankments and associated drainage. Temporary storage and working area to support diversion and removal of underground electronic communication cables and apparatus and adjacent utilities works.	5, 6
Parish of Wansford	3/1c	Temporary protection of electricity and telecommunications cables and associated apparatus. Temporary storage and working area to support construction of the following in adjoining land parcels new carriageway to create a free flow link from A1 southbound to the dualled A47 eastbound including embankments and associated drainage. Temporary storage to facilitate construction of the following in adjoining land parcels: the dualling of the A47 mainline including earthworks and associated drainage. Temporary storage and working area to support diversion, protection and removal of potable water pipes, electronic communication cables and apparatus, and overhead and adjacent utilities works.	1, 2, 6
Parish of Wansford	3/1j	Temporary protection of electronic communications cables and associated apparatus. Temporary access to facilitate construction of the following in adjoining land parcels: diversion and removal of electronic communication cables and apparatus and diversion of water pipes and construction of a site office and construction areas.	16
Parish of Wansford	3/1l	Temporary protection of water pipes, sewers, electricity and telecommunications cables and associated apparatus. Temporary access to facilitate construction of the following in adjoining land parcels: diversion and removal of electronic communication cables and apparatus and diversion of water pipes and construction of a site office and construction areas.	16
Parish of Wansford	3/1o	Temporary protection of electronic communications cables and associated apparatus. Temporary access to facilitate construction of the following in adjoining land parcels: diversion and removal of electronic communication cables and apparatus and diversion of water pipes and construction of a site office and construction areas.	16
Parish of Wansford	3/2c	Temporary welfare and compound area including a haul route.	24
Parish of Wansford	3/2e	Temporary storage to facilitate construction of the following in adjoining land parcels: the dualling of the A47 mainline from the existing Wansford eastern roundabout to the existing A47 including earthworks and associated drainage. Temporary storage and working area to facilitate construction of the following in adjoining land parcels: a new Sacrewell Farm access road connecting to Work No. 15 and running north passing through the Sacrewell Farm underbridge including earthworks and drainage. Temporary welfare and compound area including a haul route.	1, 21, 24
Parish of Wansford	3/2i	Temporary protection of water pipes and associated apparatus. Temporary storage to facilitate construction of the following in adjoining land parcels: the dualling of the A47 mainline from the existing Wansford eastern roundabout to the termination point to the east for tie into existing A47 including earthworks and associated drainage. Temporary storage and working area to facilitate construction of the following in adjoining land parcels: a new Sacrewell Farm access road connecting to Work No. 15 and running north passing through the Sacrewell Farm underbridge including earthworks and drainage. Temporary welfare and compound area including a haul route.	1, 21, 24
Parish of Wansford	3/2k	Temporary storage to facilitate construction of the following in adjoining land parcels: the dualling of the A47 mainline from the existing Wansford eastern roundabout to the termination point to the east for tie into existing A47 including earthworks and associated drainage. Temporary welfare and compound area including a haul route.	1, 24
Parish of Wansford	3/3d	Temporary storage and working area to support provision of a new Sacrewell Farm access road connecting to Work No. 15 and running north passing through the Sacrewell Farm underbridge including earthworks and drainage.	23
Parish of Wansford	3/3g	Temporary storage and working area to support provision of a new Sacrewell Farm access road connecting to Work No. 15 and running north passing through the Sacrewell Farm underbridge including earthworks and drainage and access link to Sacrewell Farm.	23
Parish of Wansford	3/4h	Temporary protection of electronic communications cables and associated apparatus. Temporary access to facilitate construction of the following in adjoining land parcels: diversion and removal of electronic communication cables and apparatus and diversion of water pipes, provision of a site office and construction area and a new Sacrewell Farm Underbridge under the dualled A47 (Work No. 1) including structural units, concrete foundations, drainage and waterproofing.	16, 25
Parish of Wansford	3/4i	Temporary protection of electronic communications cables and associated apparatus. Temporary access to facilitate construction of the following in adjoining land parcels: diversion and removal of electronic communication cables and apparatus and diversion of water pipes, provision of a site office and construction area and protection, diversion and resilience works to large diameter water pipelines and associated apparatus and adjacent utility works.	16, 27
Parish of Wansford	3/5a	Temporary storage and working area to facilitate construction of the following in adjoining land parcels: the removal of underground electricity cables crossing Work Nos. 1, 8, 10, 11, 13, 16, 17, 21 and 26, and improvements to the existing A1/A47 on and off ramps to the Wansford east roundabout including earthwork widening.	9, 11, 27
Parish of Wansford	4/2b	Temporary storage to facilitate construction of the following in adjoining land parcels: the dualling of the A47 mainline from the existing Wansford eastern roundabout to the existing A47 including earthworks and associated drainage, the provision of support for a new balancing pond to the north of the dualled A47 (Work No. 1) including drainage inlets, an outlet to river Nene and an access track. Temporary storage and working area to support the diversion and removal of overhead electrical cables and adjacent utilities works.	1, 28, 29
Parish of Wansford and Parish of Sutton	4/2f	Temporary storage to facilitate construction of the following in adjoining land parcels: the dualling of the A47 mainline from the existing Wansford eastern roundabout to the existing A47 including earthworks and associated drainage and adjacent utilities works.	1, 16, 26
Parish of Sutton	4/2i	Temporary storage to facilitate construction of the following in adjoining land parcels: the dualling of the A47 mainline from the existing Wansford eastern roundabout to the termination point to the existing A47 including earthworks and associated drainage and adjacent utilities works and provision of a new balancing pond to the north of the dualled A47 (Work No. 1) including drainage inlets, an outlet to river Nene and an access track.	1, 16, 26, 27, 28
Parish of Wansford	4/3d	Temporary storage to facilitate construction of the following in adjoining land parcels: the dualling of the A47 mainline from the existing Wansford eastern roundabout to the existing A47 including earthworks and associated drainage, a new length of carriageway to form a new link road from A47 Wansford eastern roundabout (Work No. 13) and a new A47 westbound off slip from the dualled A47 (Work No. 1) including earthworks, associated drainage and a cycle track, and adjacent utilities works.	1, 15, 16, 29
Parish of Wansford	4/3f	Temporary storage and working area to support diversion and removal of overhead electrical cables crossings and utilities works in adjoining land parcels.	29
Parish of Sutton	4/5b	Temporary storage and working area to support diversion and removal of electronic communication cables and apparatus and utilities works in adjoining land parcels.	36
Parish of Sutton	4/6b	Temporary storage and working area to support diversion and removal of overhead electrical cables crossings and utilities works in adjoining land parcels.	29, 32
Parish of Sutton	4/9a	Temporary access route from Work No. 37 turning to temporary welfare and compound area including a haul road to the north of the dualled A47 (Work No. 1) and a new temporary access track from Work No. 37.	38
Parish of Sutton	5/3a	Temporary storage and working area to facilitate construction of the following in adjoining land parcels: new Sutton Heath House roundabout (Work No. 44) north to Sutton Heath Road including earthworks and drainage and access points.	42
Parish of Sutton	5/3b	Temporary storage and working area to facilitate construction of the following in adjoining land parcels: new Sutton Heath House roundabout (Work No. 44) north to Sutton Heath Road including earthworks and drainage and access points.	42
Parish of Upton	5/4d	Temporary storage and working area to support diversion of electronic overhead and underground communication cables and apparatus crossings in adjoining land parcels.	56
Parish of Upton	5/5b	Temporary storage and working area to support improvements to the existing Upton Drift including passing places and other works in adjoining land parcels.	55
Parish of Upton	5/6a	Temporary storage and working area to support construction of the following in adjoining land parcels: improvements to the existing Upton Drift including passing places, widening the metalled surface into highway verge, straightening of the S- bend and sight lines and widening of its existing junction with Langley Bush Road and the existing junction adjacent to Model Farm.	55
Parish of Upton	5/6c	Temporary storage and working area to support improvements to the existing Upton Drift including passing places in adjoining land parcels.	55
Parish of Upton	5/6e	Temporary storage and working area to support improvements to the existing Upton Drift including passing places and connected works in adjoining land parcels.	55
Parish of Upton	5/6g	Temporary storage and working area to support diversion of electronic overhead and underground communication cables and apparatus crossings in adjoining land parcels.	56
Parish of Upton	5/6h	Temporary storage and working area to support diversion of electronic overhead and underground communication cables and apparatus crossing in adjoining land parcels.	56
Parish of Upton	5/6k	Temporary storage and working area to support diversion of the underground cables and protection of the foul sewer crossings in adjoining land parcels.	58
Parish of Upton	5/6l	Temporary storage and working area to support improvements to the existing Upton Drift including passing places, widening the metalled surface into highway verge, straightening of the S- bend and sight lines and widening of its existing junction with Langley Bush Road and the existing junction adjacent to Model Farm including earthworks and drainage in adjoining land parcels.	55
Parish of Upton	5/7a	Temporary storage and working area to support improvements to the existing Upton Drift including passing places, widening the metalled surface into highway verge, straightening of the S- bend and sight lines and widening of its existing junction with Langley Bush Road and the existing junction adjacent to Model Farm including earthworks and drainage in adjoining land parcels.	55
Parish of Upton	5/7c	Temporary storage and working area to support improvements to the existing Upton Drift including passing places, widening the metalled surface into highway verge, straightening of the S- bend and sight lines and widening of its existing junction with Langley Bush Road and the existing junction adjacent to Model Farm including earthworks and drainage in adjoining land parcels.	55
Parish of Upton	5/8a	Temporary storage and working area to support diversion of the underground cables and protection of the foul sewer crossings in adjoining land parcels.	58
Parish of Sutton	6/1e	Temporary storage and working area to support with the creation of a new turning head to the existing Drift with gated access for service providers for 250 metres including earthworks, drainage, sub-base layers, pavement, signage, fence and gates in adjoining land parcels.	47
Parish of Sutton	6/2a	Temporary storage and working area to support a new access route from Work No. 37, temporary welfare and compound area including haul road to the north of the dualled A47 in adjoining land parcels.	38
Parish of Sutton	6/3f	Temporary storage and working area to support creation of new turning head to the existing drift with gated access for service providers for 250 metres including earthworks, drainage, sub-base layers, pavement, signage, fence, and gates in adjoining land parcels.	47
Parish of Sutton	6/3h	Temporary storage and working area to support diversion and removal of existing electronic communication cables and apparatus, underground electricity cables, and utility works in adjoining land parcels.	48
Parish of Sutton	6/4a	To support access route from Work No. 37. Temporary welfare and compound area including haul road to the north of the dualled A47 (Work No. 1). To support diversion and removal of electronic communication cables and apparatus, electrical cables and potable water pipes and adjacent utility works in adjoining land parcels.	36, 38
Parish of Sutton	6/4e	Temporary storage and working area to support a new access route from Work No. 37. Temporary welfare and compound area including haul road to the north of the dualled A47 (Work No. 1) and a new temporary access track from Work No. 37.	38
Parish of Sutton	6/4g	Temporary storage and working area to support a new access route from Work No. 37. Temporary welfare and compound area including haul road to the north of the dualled A47 (Work No. 1) and a new temporary access track from Work No. 37. Temporary storage and working area to facilitate the protection, diversion and resilience works to potable water pipes and associated apparatus and adjacent utility works in adjoining land parcels.	38, 49
Parish of Sutton	6/5b	Temporary storage and working area to support the following in adjoining land parcel: diversion, and removal of existing electronic communication cables and apparatus, underground electricity cables, and adjacent utility works, ecological works and provision of landscaping area to the south of the dualled A47.	39, 48
Parish of Sutton	6/5e	Temporary storage and working area to support alterations to The Drift in adjoining land parcels.	47
Parish of Sutton	7/3a	Temporary storage and working area to support alterations to The Drift and to facilitate the protection, diversion and resilience works to potable water pipes and associated apparatus and utility works in adjoining land parcels.	47, 49
Parish of Sutton	7/4b	Temporary storage and working area to support alterations to The Drift and to support diversion and removal of existing electronic communication cables and apparatus, underground electricity cables, and potable water pipes and utility works in adjoining land parcels.	47, 48

SCHEDULE 8 — REMOVAL OF HEDGEROWS AND TREES

PART 1 — REMOVAL OF HEDGEROWS

(1) Location of hedgerow	(2) Work to be carried out	(3) Relevant part of the authorised development
Located at the A1 side road, next to the proposed access to the properties on the A1. H2 shown on sheet 1 of the Hedgerow Plans.	Partial removal	Work nos. 2, 3 and 4
Located at A1 side road. H3 shown on sheet 2 of the Hedgerow Plans.	Full removal	Work nos. 5, 6 and 7
Located at the pond maintenance track next to the new proposed free flow link road from the A1 to the A47. H4 and H6 shown on sheets 3 of the Hedgerow Plans.	Partial removal	Work nos. 9 and 10
Located at the proposed Sacrewell Farm Access Road. H7 shown on sheet 3 of the Hedgerow Plans.	Partial removal	Work no. 21
Located at the existing A47 near the proposed Sacrewell Farm Access Road. H9 shown on sheet 3 of the Hedgerow Plans.	Partial removal	Work nos. 1, 8, 9, 17 and 21
Located at the existing A47 nearby the proposed Sacrewell Farm Access Road. H11 and H13 on sheet 3 of the Hedgerow Plans.	Partial removal	Work nos. 8, 17 and 21
Located at the existing A47 near the existing Sacrewell Farm link road. H15 shown on sheets 3 and 4 of the Hedgerow Plans.	Partial removal	Work nos. 1, 15, 16, 27 and 28
Located at the existing A47 near the existing Sacrewell Farm link road. H16 shown on sheet 3 of the Hedgerow Plans.	Full removal	Work nos. 8, 15, 16, 26 and 27
Located at the existing A47 where it overlaps with the proposed A47. H17 shown on sheet 4 of the Hedgerow Plans.	Full removal	Work nos. 1, 15, 16, 28, 29, 30, 33, 36 and 40
Located at the existing A47 where it overlaps with the proposed A47. H19 shown on sheet 4 of the Hedgerow Plans.	Partial removal	Work nos. 1, 16 and 28
Located at the new link to Sutton Heath Road and Langley Bush Road. H21 shown on sheet 5 of the Hedgerow Plans.	Partial removal	Work nos. 36, 42 and 43
Located near the new A47 Sutton Roundabout. H29 shown on sheet 6 of the Hedgerow Plans.	Partial removal	Work nos. 1 and 38
Located at the new link to Sutton Heath Road. H31 shown on sheet 6 of the Hedgerow Plans.	Partial removal	Work nos. 36 and 42
Located at the new A47 Sutton roundabout. H33 shown on sheet 6 of the Hedgerow Plans.	Partial removal	Work nos. 1, 36 and 46
Located at the proposed A47 dual carriageway. H35 shown on sheet 6 of the Hedgerow Plans.	Partial removal	Work nos. 1 and 49
Located at the proposed A47 dual carriageway. H38 shown on sheet 7 of the Hedgerow Plans.	Partial removal	Work nos. 1 and 48
Located at the existing A47 where it is used as cycle path/footway. H39 shown on sheet 6 of the Hedgerow Plans.	Partial removal	Work nos. 36 and 40
Located at the new link with Peterborough Road. H42 shown on sheet 6 and 7 of the Hedgerow Plans.	Partial removal	Work nos. 45, 48 and 49
Located at the new pond near Nene Way. H44 shown on sheet 7 of the Hedgerow Plans.	Partial removal	Work nos. 48 and 50
Located at the new link with Peterborough Road. H46 shown on sheet 7 of the Hedgerow Plans.	Partial removal	Work nos. 45, 48 and 50
Located at the new link with Peterborough Road H49 shown on sheet 7 of the Hedgerow Plans.	Partial removal	Work nos. 45, 48, 50 and 52
Located at the proposed A47 dual carriageway. H51 shown on sheet 7 of the Hedgerow Plans.	Partial removal	Work nos. 1 and 48
Located at Upton Road. H53 shown on sheet 7 of the Hedgerow Plans.	Partial removal	Work nos. 53 and 54
Located at Upton Road. H54 shown on sheet 7 of the Hedgerow Plans.	Full removal	Work nos. 53 and 54
Located at Upton Drift. H55 and H56 shown on sheet 5 (Inset 5B) of the Hedgerow Plans.	Full removal	Work nos. 55, 56, 57 and 58

PART 2 — REMOVAL OF IMPORTANT HEDGEROWS

(1) Location of hedgerow	(2) Work to be carried out	(3) Relevant part of the authorised development
Located at the new link to Sutton Road. H23 shown on sheet 5 of the Hedgerow Plans.	Partial removal	Work nos. 36, 42 and 43
Located at the new link to Sutton Road. H25 shown on sheet 5 of the Hedgerow Plans.	Partial removal	Work nos. 36 and 41
Located at the Wansford NMU Underpass to Sutton Heath Road. H27 shown on sheet 4 of the Hedgerow Plans.	Partial removal	Work nos. 1, 33, 37 and 38

SCHEDULE 9 — PROTECTIVE PROVISIONS

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

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

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 1989[^f00103]), belonging to or maintained by that utility undertaker;in that 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 1986[^f00104] for the purposes of gas supply;in the case of water undertaker, mains, pipes or other apparatus belonging to or maintained by that utility undertaker for the purposes of water supply; andin the case of a sewerage undertaker—any drain or works vested in the utility undertaker under the Water Industry Act 1991[^f00105]; andany sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4)[^f00106] (adoption of sewers and disposal works) of that Act or an agreement to adopt made under section 104 (agreement to adopt sewers, drains or sewage disposal works at future date) of that Act[^f00107],and includes a sludge main, disposal main (within the meaning of section 219 (general interpretation)[^f00108] 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” 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 the works to be executed; and

“utility undertaker” means—any licence holder within the meaning of Part 1 (electricity supply) of the Electricity Act 1989;a gas transporter within the meaning of Part 1 (gas supply) 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 (preliminary) 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 17 (permanent stopping up and restriction of use of 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 (removal of apparatus) or the power of the undertaker to carry out works under paragraph 9 (retained apparatus).

(2) Regardless of the temporary alteration, diversion, prohibition and restriction of the use of streets under the powers conferred by article 16 (temporary stopping up and restriction of 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 stopping up or diversion was in that highway.

Protective works to buildings

5

The undertaker, in the case of the powers conferred by article 22 (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 49 (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 49 (arbitration), 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.

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 49 (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) (removal of apparatus), 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 (5) 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.

(7) In relation to works which will or may be situated on, over, under or within 10 metres measured in any direction of any electricity apparatus, or involve embankment works within 10 metres of any electricity apparatus, the plan to be submitted to the utility undertaker under sub-paragraph (1) must be detailed, include a method statement and describe—

(a) the exact position of the works;

(b) the level at which they are proposed to be constructed or renewed;

(d) the position of all electricity apparatus; and

(e) by way of detailed drawings, every alteration proposed to be made to such apparatus.

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) (removal of apparatus).

(2) The value of any apparatus removed under the provisions of this Part of this Schedule must be deducted from any sum payable under sub-paragraph, 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 49 (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 must not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and

(b) where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole must 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 (protective work to buildings) or 7(2) (removal of apparatus) 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 any damage or interruption to the extent that it is attributable to the act, neglect or default of a utility undertaker, its officers, servants, contractors or agents.

(4) A utility undertaker must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise is to be made without the consent of the undertaker and, if such consent is withheld, has the sole conduct of any settlement or compromise 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) (removal of apparatus) or a utility undertaker makes requirements for the protection or alteration of apparatus under paragraph 9 (retained apparatus), 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 laid or erected in land belonging to the undertaker on the date on which this Order is made.

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

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 2003[^f00109];

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

“the electronic communications code” has the same meaning as in Chapter 1 (electronic communications, networks and services) of Part 2 of the 2003 Act[^f00110];

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

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

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

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

16

The exercise of the powers conferred by article 36 (statutory undertakers) is subject to Part 10 (undertakers’ 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 any of those works—

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

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

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

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

(3) The operator must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise of the claim or demand is to be made without the consent of the undertaker which, if it withholds 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 49 (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 ANGLIAN WATER

Application

18

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

Interpretation

19

In this part of this Schedule—

“alternative apparatus” means alternative apparatus adequate to enable Anglian Water to fulfil its statutory functions in a manner no less efficient than previously;

“apparatus” means—any works, mains, pipes or other apparatus belonging to or maintained by Anglian Water for the purposes of water supply and sewerage;any drain or works vested in Anglian Water under The Water Industry Act 1991,any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) (adoption of sewers and disposal works) of that Act or an agreement to adopt made under section 104 (agreements to adopt sewer, drain or sewage disposal works, at future date) of that Act; andincludes a sludge main, disposal main 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

and for the purpose of this definition, where words are defined by section 219 (general interpretation) of the Water Industry Act 1991 they shall be taken to have the same meaning.

“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.

On street apparatus

20

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

Schedule of apparatus

21

(1) Before commencement of any work set out in Schedule 1 to divert any apparatus the undertaker will provide Anglian Water with a schedule of apparatus which will be diverted as part of the authorised development setting out for each piece of apparatus whether those works are to be undertaken under this Schedule or under the 1991 Act and, where a diversion is to be carried out partly under this Schedule and partly under the 1991 Act, details of which part of the diversion is to be carried out under which power.

(2) The undertaker may from time to time provide to Anglian Water amendments to the schedule referred to in sub-paragraph (1).

(3) No amendment may be submitted under sub-paragraph (2) in respect of apparatus which is to be diverted as part of a work set out in Schedule 1, or which comprises such a work, after that work has commenced.

Apparatus in stopped up streets

22

(1) Where any street is stopped up under article 17 (permanent stopping up and restriction of use of streets and private means of access), where Anglian Water has apparatus in the street or accessed by virtue of that street, it 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 Anglian Water legal easements reasonably satisfactory to Anglian Water in respect of such apparatus and access to it, but nothing in this paragraph affects any right of the undertaker or of Anglian Water to require the removal of that apparatus under paragraph 25 (removal of apparatus) or the power of the undertaker to carry out works under paragraph 27 (retained apparatus).

(2) Regardless of the temporary alteration, diversion or prohibition of the use of or restriction of the use of any highway under the powers conferred by article 16 (temporary stopping up and restriction of use of streets), Anglian Water 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 or prohibition of use of or restriction of use was in that highway.

Protective works to buildings

23

Acquisition of land

24

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

25

(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 Anglian Water’s apparatus is relocated or diverted, that apparatus must not be removed under this Part of this Schedule, and any right of Anglian Water to maintain that apparatus in that land must not (without the prior written consent of Anglian Water) be extinguished, until—

(a) alternative apparatus has been constructed and is in operation to the reasonable satisfaction of Anglian Water in accordance with sub-paragraphs (2) to (8); and

(b) facilities and rights have been secured for that alternative apparatus in accordance with paragraph 26 (facilities and rights for alternative apparatus).

(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 Anglian Water 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 an undertaker reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to Anglian Water 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 Anglian Water 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 Anglian Water and the undertaker or in default of agreement settled by arbitration in accordance with article 49 (arbitration).

(5) Anglian Water must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 49 (arbitration), and after the grant to Anglian Water 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 Anglian Water gives notice in writing to the undertaker that it desires the undertaker to execute any work, or part of any work in connection with the construction or removal of apparatus in any land of the undertaker, or to the extent that Anglian Water fails to proceed with that work in accordance with sub-paragraph (5) or the undertaker and Anglian Water otherwise agree, that work, instead of being executed by Anglian Water, must be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of Anglian Water.

(7) Notice under sub-paragraph (6) that Anglian Water desires the undertaker to execute any work, or part of any work, must be given within 14 days of agreement under sub-paragraph (4) or, in default of agreement, within 14 days of the date of settlement by arbitration under sub-paragraph (4).

(8) If Anglian Water fails either reasonably to approve, or to provide reasons for its failure to approve along with an indication of what would be required to make acceptable, any proposed details relating to required removal works under sub-paragraph (2) within 28 days of receiving a notice of the required works from the undertaker, then such details are deemed to have been approved. For the avoidance of doubt, any such “deemed consent” does not extend to the actual undertaking of the removal works, which shall remain the sole responsibility of Anglian Water or its contractors.

(9) Whenever alternative apparatus is to be or is being substituted for existing apparatus, the undertaker shall, before taking or requiring any further step in such substitution works, use best endeavours to comply with Anglian Water’s reasonable requests for a reasonable period of time to enable Anglian Water to—

(a) make network contingency arrangements; or

(b) bring such matters as it may consider reasonably necessary to the attention of end users of the utility in question.

Facilities and rights for alternative apparatus

26

(1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to Anglian Water 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 Anglian Water or in default of agreement settled by arbitration in accordance with article 49 (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 Anglian Water 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 Anglian Water as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

(3) Such facilities and rights as are set out in this paragraph are deemed to include any statutory permits granted to the undertaker in respect of the apparatus in question, whether under the Environmental Permitting (England and Wales) Regulations 2016 or other legislation.

Retained apparatus

27

(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 (or any means of access to it) the removal of which has not been required by the undertaker under paragraph 25(2) (removal of apparatus), the undertaker must submit to Anglian Water 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 Anglian Water for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and Anglian Water is entitled to watch and inspect the execution of those works.

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

(4) If Anglian Water, 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, sub-paragraphs (1) to (3) and (6) to (7) apply as if the removal of the apparatus had been required by the undertaker under paragraph 25(2).

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

(6) The undertaker is not required to comply with sub-paragraph (1) in a case of emergency but in that case must give to Anglian Water 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 and will keep the impact of those emergency works on Anglian Water’s apparatus, on the operation of its water and sewerage network and on end-users of the services Anglian Water provides to a minimum.

(7) For the purposes of sub-paragraph (1), works are deemed to be in land near Anglian Water’s apparatus (where it is a pipe) if those works fall within the following distances measured from the medial line of such apparatus—

(a) 2.25 metres where the diameter of the pipe is less than 150 millimetres;

(b) 3 metres where the diameter of the pipe is between 150 and 450 millimetres;

(d) 6 metres where the diameter of the pipe exceeds 750 millimetres.

Expenses and costs

28

(1) Subject to the following provisions of this paragraph, the undertaker must repay to Anglian Water all expenses reasonably incurred by Anglian Water 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 this Part of the Schedule.

(2) There must be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Part of this Schedule 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 49 (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 Anglian Water 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 Anglian Water 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 Anglian Water 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.

29

(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 23 (protective work to buildings) or 25(2) (removal of apparatus), 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 Anglian Water, or there is any interruption in any service provided, or in the supply of any goods, by Anglian Water, the undertaker must—

(a) bear and pay the cost reasonably incurred by Anglian Water in making good such damage or restoring the supply; and

(b) make reasonable compensation to Anglian Water for any other expenses, loss, damages, penalty or costs incurred by the 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 Anglian Water on behalf of the undertaker or in accordance with a plan approved by Anglian Water or in accordance with any requirement of Anglian Water or under its supervision does not, subject to sub-paragraph (3), excuse the undertaker from liability under the provisions of sub-paragraph (1) unless Anglian Water fails to carry out and execute the works properly with due care and attention and in a skilful and professional like manner or in a manner that does not accord with the approved plan.

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

(4) Anglian Water 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 (such consent not to be unreasonably withheld or delayed) 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

30

Where in consequence of the proposed construction of any of the authorised development, the undertaker or Anglian Water requires the removal of apparatus under paragraph 25(2) (removal of apparatus) or Anglian Water makes requirements for the protection or alteration of apparatus under paragraph 27 (retained apparatus), the undertaker must use all reasonable 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 Anglian Water’s undertaking and Anglian Water must use all reasonable endeavours to co-operate with the undertaker for that purpose.

31

Where the undertaker identifies any apparatus which may belong to or be maintainable by Anglian Water but which does not appear on any statutory map kept for the purpose by Anglian Water, it shall inform Anglian Water of the existence and location of the apparatus as soon as reasonably practicable.

32

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

33

Any time period in which an action must be taken in this part of the Schedule may be amended by written agreement between the undertaker and Anglian Water.

PART 4 — FOR THE PROTECTION OF NGG AS GAS UNDERTAKER

Application

34

(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 NGG, where the benefit of this Order is transferred or granted to another person under article 10 (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 NGG and the transferee or grantee (as the case may be); and

(b) written notice of the transfer or grant must be given to NGG 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 NGG (but see paragraph 44(3)(b)).

Interpretation

35

In this Part of this Schedule—

“1991 Act” means the New Roads and Street Works Act 1991;

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

“apparatus” means any gas mains, pipes, pressure governors, ventilators, cathodic protections, cables or other apparatus belonging to or maintained by NGG for the purposes of gas supply together with any replacement apparatus and such other apparatus constructed pursuant to the Order that becomes operational apparatus of NGG 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) (interpretation) of this 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 42 (retained apparatus: protection of gas undertaker) of this Part of this Schedule 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 NGG (such approval not to be unreasonably withheld or delayed) setting out the necessary measures (if any) for a ground subsidence event;

“ground monitoring scheme” means a scheme for monitoring ground subsidence which sets out the apparatus which is to be subject to such monitoring, the extent of land to be monitored, the manner in which ground levels are to be monitored, the timescales of any monitoring activities and the extent of ground subsidence which, if exceeded, requires the undertaker to submit for NGG’s approval a ground mitigation scheme;

“ground subsidence event” means any ground subsidence identified by the monitoring activities set out in the ground monitoring scheme that has exceeded the level described in the ground monitoring scheme as requiring a ground mitigation scheme;

“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 NGG including construct, use, repair, alter, inspect, renew or remove the apparatus;

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

“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 40(2) (removal of apparatus) or otherwise; ormay in any way adversely affect any apparatus the removal of which has not been required by the undertaker under paragraph 40(2) or otherwise.

36

Except for paragraphs 37 (apparatus of NGG in stopped up streets), 42 (retained apparatus: protection of gas undertaker), 43 (expenses) and 44 (indemnity) of this Part 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 NGG, the other provisions of this Schedule do not apply to apparatus in respect of which the relations between the undertaker and NGG are regulated by the provisions of Part 3 of the 1991 Act.

Apparatus of NGG in stopped up streets

37

(1) Where any street is stopped up under article 17 (permanent stopping up and restriction of use of streets and private means of access), if NGG has any apparatus in the street or accessed via that street NGG has the same rights in respect of that apparatus as it enjoyed immediately before the stopping up and the undertaker must grant to NGG, or procure the granting to NGG of, legal easements reasonably satisfactory to NGG 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 NGG to require the removal of that apparatus under paragraph 40 (removal of apparatus) or the power of the undertaker, subject to compliance with this sub-paragraph, to carry out works under paragraph 42 (retained apparatus: protection of gas undertaker).

(2) Notwithstanding the temporary alteration, diversion or restriction of any highway under the powers of article 16 (temporary stopping up and restriction of use of streets), NGG will be at liberty at all times to take all necessary access across any such street and to execute and do all such works and things in, upon or under any such street as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the alteration, diversion or restriction was in that street.

Protective works to buildings

38

The undertaker must exercise the powers conferred by article 22 (protective work to buildings) so as not to obstruct or render less convenient the access to any apparatus without the written consent of NGG (such consent not to be unreasonably withheld).

Acquisition of land

39

(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 NGG 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 NGG 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 NGG or affect the provisions of any enactment or agreement regulating the relations between NGG and the undertaker in respect of any apparatus laid or erected in land belonging to or secured by the undertaker, the undertaker must as NGG reasonably requires enter into such deeds of consent upon such terms and conditions as may be agreed between NGG and the undertaker acting reasonably and which must be no less favourable on the whole to NGG unless otherwise agreed by NGG, 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 NGG 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 NGG or other enactments relied upon by NGG as of right or other use in relation to the apparatus, then the provisions in this Schedule prevail.

(4) Any agreement or consent granted by NGG under paragraph 42 (retained apparatus: protection of gas undertaker) 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

40

(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 NGG 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 NGG 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 NGG 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 NGG reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to NGG to its reasonable satisfaction (taking into account paragraph 41(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, NGG 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 NGG 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 NGG and the undertaker.

(5) NGG must, after the alternative apparatus to be provided or constructed has been agreed, and subject to the grant to NGG 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

41

(1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to or secures for NGG 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 NGG and must be no less favourable on the whole to NGG than the facilities and rights enjoyed by it in respect of the apparatus to be removed unless otherwise agreed by NGG.

(2) If the facilities and rights to be afforded by the undertaker under sub-paragraph (1) above in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are less favourable on the whole to NGG 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 48 (arbitration) of this Part of this Schedule and the arbitrator must make such provision for the payment of compensation by the undertaker to NGG as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

Retained apparatus: protection of gas undertaker

42

(1) Not less than 56 days before the commencement of any specified works the undertaker must submit to NGG a plan and, if reasonably required by NGG, a ground monitoring scheme in respect of those works.

(2) The plan to be submitted to NGG 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;

(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; and

(f) any intended maintenance regimes.

(3) The undertaker must not commence any specified works until NGG has given written approval of the plan so submitted.

(4) Any approval of NGG required under sub-paragraph (3)—

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.