The Longfield Solar Farm Order 2023

(1) Area	(2) Street	(3) Description of means of access
Chelmsford City Council	Private Road	The provision of a permanent means of access to the authorised development from the northern side of the private road between the points marked AC-A1 and AC-A2 on sheet 1 of the streets, access and rights of way plans.
Braintree District Council	Private Track	The provision of a permanent means of access to the authorised development from the northern side of the private track between the points marked AC-F1 and AC-F2 on sheet 3 of the streets, access and rights of way plans.
Braintree District Council	Private Track	The provision of a permanent means of access to the authorised development from the southern side of the private track between the points marked AC-F3 and AC-F4 on sheet 3 of the streets, access and rights of way plans.
Braintree District Council	Private Track	The provision of a permanent means of access to the authorised development from the northern side of the private track between the points marked AC-F5 and AC-F6 on sheets 3 and 4 of the streets, access and rights of way plans.
Braintree District Council	Private Track	The provision of a permanent means of access to the authorised development from the southern side of the private track between the points marked AC-F7 and AC-F8 on sheets 3 and 4 of the streets, access and rights of way plans.
Braintree District Council	Private Track	The provision of a permanent means of access to the authorised development from the southern side of the private track between the points marked AC-F9 and AC-F10 on sheets 3 and 4 of the streets, access and rights of way plans.
Chelmsford City Council	Private Track	The provision of a permanent means of access to the authorised development from the southwest side of the private track between the points marked AC-G1 and AC-G2 on sheet 4 of the streets, access and rights of way plans.
Chelmsford City Council/ Braintree District Council(border)	Private Track	The provision of a permanent means of access to the authorised development from the northern side of the private track between the points marked AC-G3 and AC-G4 on sheet 4 of the streets, access and rights of way plans.
Chelmsford City Council / Braintree District Council (border)	Private Track	The provision of a permanent means of access to the authorised development from the southern side of the private track between the points marked AC-G5 and AC-G6 on sheet 4 of the streets, access and rights of way plans.
Chelmsford City Council	Waltham Road	The provision of a permanent means of access to the authorised development from the northern side of Waltham Road between the points marked AC-D1 and AC-D2 on sheet 4 of the streets, access and rights of way plans.
Braintree District Council	Private Track	The provision of a permanent means of access to the authorised development from the northwestern side of the private track between the points marked AC-H1 and AC-H2 on sheet 7 of the streets, access and rights of way plans.
Braintree District Council	Private Track	The provision of a permanent means of access to the authorised development from the southeastern side of the private track between the points marked AC-H3 and AC-H4 on sheet 7 of the streets, access and rights of way plans.
Braintree District Council	Private Track	The provision of a permanent means of access to the authorised development from the western side of the private track between the points marked AC-H5 and AC-H6 on sheet 7 of the streets, access and rights of way plans.
Braintree District Council	Private Track	The provision of a permanent means of access to the authorised development from the eastern side of the private track between the points marked AC-H7 and AC-H8 on sheet 7 of the streets, access and rights of way plans.
Braintree District Council	Private Track	The provision of a permanent means of access to the authorised development from the western side of the private track between the points marked AC-H9 and AC-H10 on sheet 7 of the streets, access and rights of way plans.
Braintree District Council	Private Track	The provision of a permanent means of access to the authorised development from the northern side of the private track between the points marked AC-H11 and AC-H12 on sheet 7 of the streets, access and rights of way plans.
Braintree District Council	Private Track	The provision of a permanent means of access to the authorised development from the western side of the private track between the points marked AC-H13 and AC-H14 on sheet 7 of the streets, access and rights of way plans.
Braintree District Council	Private Track	The provision of a permanent means of access to the authorised development from the eastern side of the private track between the points marked AC-H15 and AC-H16 on sheet 7 of the streets, access and rights of way plans.
Chelmsford City Council / Braintree District Council (border)	Junction of Noakes Farm Road and Noakes Lane	The provision of a permanent means of access to the authorised development from the southern side of the Junction of Noakes Farm Road and Noakes Lane between the points marked AC-I1 and AC-I2 on sheet 8 of the streets, access and rights of way plans.
Chelmsford City Council / Braintree District Council (border)	Junction of Noakes Farm Road and Noakes Lane	The provision of a permanent means of access to the authorised development from the northern side of the Junction of Noakes Farm Road and Noakes Lane between the points marked AC-I3 and AC-I4 on sheet 8 of the streets, access and rights of way plans.
Chelmsford City Council	Noakes Lane	The provision of a permanent means of access to the authorised development from the western side of Noakes Lane between the points marked AC-I5 and AC-I6 on sheet 8 of the streets, access and rights of way plans.
Braintree District Council	Noakes Lane	The provision of a permanent means of access to the authorised development from the eastern side of Noakes Lane between the points marked AC-I7 and AC-I8 on sheet 8 of the streets, access and rights of way plans.
Braintree District Council	Private Track	The provision of a permanent means of access to the authorised development from the northern side of the private track between the points marked AC-J1 and AC-J2 on sheet 9 of the streets, access and rights of way plans.
Braintree District Council	Private Track	The provision of a permanent means of access to the authorised development from the southern side of the private track between the points marked AC-J3 and AC-J4 on sheet 9 of the streets, access and rights of way plans.
Braintree District Council	Private Track	The provision of a permanent means of access to the authorised development from the northern side of the private track between the points marked AC-J5 and AC-J6 on sheet 9 of the streets, access and rights of way plans.
Braintree District Council	Private Track	The provision of a permanent means of access to the authorised development from the southern side of the private track between the points marked AC-J7 and AC-J8 on sheet 9 of the streets, access and rights of way plans.
Braintree District Council	Private Track	The provision of a permanent means of access to the authorised development from the southern side of the private track between the points marked AC-J9 and AC-J10 on sheet 9 of the streets, access and rights of way plans.
Braintree District Council	Private Track	The provision of a permanent means of access to the authorised development from the western side of the private track between the points marked AC-J11 and AC-J12 on sheet 9 of the streets, access and rights of way plans.

PART 2 — TEMPORARY MEANS OF ACCESS

(1) Area	(2) Street	(3) Description of means of access
Chelmsford City Council	Private Road	The provision of a temporary means of access to the authorised development from the northern side of the Private Road between the points marked AC-A3 and AC-A4 on sheet 1 of the streets, access and rights of way plans.
Chelmsford City Council	Private Road	The provision of a temporary means of access to the authorised development from the southern side of the Private Road between the points marked AC-A5 and AC-A6 on sheet 1 of the streets, access and rights of way plans.
Chelmsford City Council	Waltham Road	The provision of a temporary means of access to the authorised development from the eastern side of Waltham Road between the points marked AC-C1 and AC-C2 on sheet 2 of the streets, access and rights of way plans.
Chelmsford City Council	Waltham Road	The provision of a temporary means of access to the authorised development from the western side of Waltham Road between the points marked AC-C3 and AC-C4 on sheet 2 of the streets, access and rights of way plans.

SCHEDULE 8 — TRAFFIC REGULATION MEASURES

(1) Area	(2) Extent of temporary traffic signal and banksman control area
Chelmsford City Council	Private Road An area of private road in a generally easterly direction for a distance of 1050 metres as shown with a green broken line on sheet 1 of the traffic regulation measures plans, reference TS1.
Chelmsford City Council	Junction of Waltham Road and Chantry Lane An area of existing highway in a generally northerly direction on Waltham Road for a distance of 100 metres and in a generally easterly direction on Chantry Lane for a distance of 50 metres as shown with a green broken line on sheet 2 of the traffic regulation measures plans, reference TS2.
Chelmsford City Council	Waltham Road Junction An area of existing highway in a generally northwesterly direction on Waltham Road for a distance of 320 metres, in a generally northwesterly direction on Boreham Road for a distance of 30 metres and in a generally southwesterly direction on Cranham Road for a distance of 30 metres as shown with a green broken line on sheets 4 and 5 of the traffic regulation measures plans, reference TS3.
Chelmsford City Council	Cranham Road and Wheelers Hill An area of existing highway in a generally westerly direction on Cranham Road and Wheelers Hill for a distance of 2805 metres as shown with a green broken line on sheets 5 and 6 of the traffic regulation measures plans, reference TS4.
Chelmsford City Council / Braintree District Council (border)	Noakes Lane and Noakes Farm Road An area of existing highway in a generally southeasterly direction on Noakes Lane for a distance of 360 metres and in a generally northeasterly direction on Noakes Farm Road for a distance of 525 metres as shown with a green broken line on sheets 7 and 8 of the traffic regulation measures plans, reference TS5.
Braintree District Council	Noakes Farm Road An area of existing highway in a generally northeasterly direction on Noakes Farm Road for a distance of 170 metres as shown with a green broken line on sheet 7 of the traffic regulation measures plans, reference TS6.

SCHEDULE 9 — LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED

Interpretation

1

In this Schedule—

• “access rights” means rights over land to— alter, improve, form, maintain, retain, use (with or without vehicles, plant and machinery), remove, reinstate means of access to the authorised development including visibility splays and road widening and to remove impediments (including vegetation) to such access; and pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface) for all purposes in connection with the authorised development;

• “cable rights” means rights over land to— install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain electrical underground cables, earthing cables, optical fibre cables, data cables, telecommunications cables and other services, works associated with such cables including bays, ducts, protection and safety measures and equipment, and other apparatus and structures; remain, pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface or form a temporary compound) for all purposes in connection with the authorised development; and restrict and remove the erection of buildings or structures, restrict the altering of ground levels, restrict and remove vegetation and restrict the planting of trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt or interfere with the exercise of the rights or damage the authorised development;

• “substation connection rights” means rights over land to— install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain electrical cables, earthing cables, optical fibre cables, data cables, telecommunications cables and other services, works associated with such cables including bays, ducts, protection and safety measures and equipment, and other apparatus and structures and to connect such cables and services to the National Grid Bulls Lodge substation; install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain watercourses, public sewers and drains and drainage apparatus and equipment; remain, pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface or form a temporary compound) for all purposes in connection with the Bulls Lodge substation works; restrict and remove the erection of buildings or structures, restrict the altering of ground levels, restrict and remove the planting of trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt or interfere with the exercise of the rights or damage the authorised development; and install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain soft landscaping and biodiversity measures. (1) Plot reference number shown on the Land Plans (2) Purposes for which rights over land may be required and restrictive covenants imposed Land Plans – Sheet 11/1A (excluding subsoil interests)access rights1/1Bcable rights1/2A (excluding subsoil interests)access rights1/2A/2cable rights1/2Bcable rights and access rights1/2D/1 (excluding subsoil interests)access rights1/2Ecable rights1/2Fcable rights1/3Asubstation connection rightsLand Plans – Sheet 22/1Acable rights2/1Bcable rights2/1Ecable rights2/2cable rights2/3cable rights2/4cable rights2/5cable rights2/6cable rightsLand Plans – Sheet 33/4cable rightsLand Plans – Sheet 44/2 (excluding subsoil interests)access rights5/1A (excluding subsoil interests)access rightsLand Plans – Sheet 55/1B (excluding subsoil interests)access rightsLand Plans – Sheet 66/1 (excluding subsoil interests)access rightsLand Plans – Sheet 77/2access rights7/2/2access rightsLand Plans – Sheet 88/2access rights8/2/1 (excluding subsoil interests)access rights8/2/2access rights

SCHEDULE 10 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR THE CREATION OF NEW RIGHTS AND IMPOSITION OF NEW RESTRICTIVE COVENANTS

Compensation enactments

1

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

2

• (1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973[^f00061] has effect subject to the modifications set out in sub-paragraph (2).

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

• (a) for the words “land is acquired or taken from” substitute “a right or restrictive covenant over land is purchased from or imposed on”; and

• (b) for the words “acquired or taken from him” substitute “over which the right is exercisable or the restrictive covenant enforceable”.

3

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

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

(5A) If— (a) the acquiring authority enters on land for the purpose of exercising a right in pursuant of a notice of entry under section 11(1) of the 1965 Act (as modified by paragraph 5(5) of Schedule 10 to the Longfield Solar Farm Order 2023); (b) the acquiring authority is subsequently required by a determination under paragraph 12 of Schedule 2A to the 1965 Act (as substituted by paragraph 5(8) of Schedule 10 to the Longfield Solar Farm Order 2023) to acquire an interest in the land; and (c) the acquiring authority enters on and takes possession of that land the authority is deemed for the purposes of subsection (3)(a) to have entered on that land where it entered on that land for the purpose of exercising that right.

Application of Part 1 of the 1965 Act

4

Part 1 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act, as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act to the acquisition of land under article 18 (compulsory acquisition of land) and as modified by article 25 (modification of Part 1 of the Compulsory Purchase Act 1965), applies to the compulsory acquisition of a right by the creation of a new right under article 20 (compulsory acquisition of rights)—

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

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

5

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

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

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

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

• (3) For section 7 of the 1965 Act (measure of compensation in case of severance) substitute—

(7) In assessing the compensation to be paid by the acquiring authority under this Act, regard must be had not only to the extent (if any) to which the value of the land over which the right is to be acquired or the restrictive covenant is to be imposed is depreciated by the acquisition of the right or the imposition of the covenant but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.

• (4) The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say—

• (a) section 9(4) (failure by owners to convey);

• (b) paragraph 10(3) of Schedule 1 (owners under incapacity);

• (c) paragraph 2(3) of Schedule 2 (absent and untraced owners); and

• (d) paragraphs 2(3) and 7(2) of Schedule 4 (common land),

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

• (5) Section 11[^f00062] (powers of entry) of the 1965 Act is modified to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right or restrictive covenant, as well as the notice of entry required by subsection (1) of that section (as it applies to compulsory acquisition under article 18 (compulsory acquisition of land)), it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant (which is deemed for this purpose to have been created on the date of service of the notice); and sections 11A[^f00063] (powers of entry: further notices of entry), 11B[^f00064] (counter-notice requiring possession to be taken on specified date), 12[^f00065] (unauthorised entry) and 13[^f00066] (refusal to give possession to acquiring authority) of the 1965 Act are modified correspondingly.

• (6) Section 20[^f00067] (tenants at will, etc.) of the 1965 Act applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right or enforcement of the restrictive covenant in question.

• (7) Section 22 (interests omitted from purchase) of the 1965 Act as modified by article 25(4) (modification of Part 1 of the Compulsory Purchase Act 1965) is so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired or restrictive covenant imposed, subject to compliance with that section as respects compensation.

• (8) For Schedule 2A to the 1965 Act (counter notice requiring purchase of land not in notice to treat) substitute—

SCHEDULE 2A (1) (1) This Schedule applies where an acquiring authority serves a notice to treat in respect of a right over, or restrictive covenant affecting, the whole or part of a house, building or factory and have not executed a general vesting declaration under section 4 of the 1981 Act as applied by article 22 (application of the 1981 Act) of the Longfield Solar Farm Order 2023 in respect of the land to which the notice to treat relates. (2) But see article 23(3) (acquisition of subsoil only) of the Longfield Solar Farm Order 2023 which excludes the acquisition of subsoil only from this Schedule. (2) In this Schedule, “house” includes any park or garden belonging to a house. (3) A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the authority to purchase the owner’s interest in the house, building or factory. (4) A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served. (5) On receiving a counter-notice, the acquiring authority must decide whether to— (a) withdraw the notice to treat, (b) accept the counter notice, or (c) refer the counter notice to the Upper Tribunal. (6) The authority must serve notice of their decision on the owner within the period of three months beginning with the day on which the counter-notice is served (“the decision period”). (7) If the authority decides to refer the counter-notice to the Upper Tribunal they must do so within the decision period. (8) If the authority does not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period. (9) If the authority serves notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in the house, building or factory. (10) On a referral under paragraph 7, the Upper Tribunal must determine whether the acquisition of the right or the imposition of the restrictive covenant would— (a) in the case of a house, building or factory; cause material detriment to the house, building or factory, or (b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs. (11) In making its determination, the Upper Tribunal must take into account— (a) the effect of the acquisition of the right or the imposition of the covenant, (b) the use to be made of the right or covenant proposed to be acquired or imposed, and (c) if the right or covenant is proposed to be acquired or imposed for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land. (12) If the Upper Tribunal determines that the acquisition of the right or the imposition of the covenant would have either of the consequences described in paragraph 10, it must determine how much of the house, building or factory the authority ought to be required to take. (13) If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in that land. (14) (1) If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the authority may at any time within the period of six weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land. (2) If the acquiring authority withdraws the notice to treat under this paragraph they must pay the person on whom the notice was served compensation for any loss or expense cause by the giving and withdrawal of the notice. (3) Any dispute as to the compensation is to be determined by the Upper Tribunal.

SCHEDULE 11 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

(1) Plot reference number shown on the Land Plans	(2) Purpose for which temporary possession may be taken
Land Plans – Sheet 1	Land Plans – Sheet 1
1/1B/1	Temporary use as construction laydown areas (Work No. 4B)
1/2A/2/1	Temporary use as construction laydown areas (Work No. 4B)
1/2D	Temporary use as construction laydown areas, works to facilitate access, and temporary overhead line alterations including two new temporary pylons and realignment of the existing 400kV overhead line. (Work Nos. 7B, 9 and 5B)
Land Plans – Sheet 2	Land Plans – Sheet 2
2/1B/1	Temporary use as construction laydown areas (Work No. 4B)
2/1B/2	Temporary use as construction laydown areas (Work No. 4B)
2/1B/3	Temporary use as construction laydown areas (Work No. 4B)
2/1E/1	Temporary use as construction laydown areas (Work No. 4B)
2/6/1	Temporary use as construction laydown areas (Work No. 4B)

SCHEDULE 12 — HEDGEROWS TO BE REMOVED

(1) Area	(2) Number of hedgerow and extent of removal	(3) Purpose of removal
Braintree District Council	Removal of that part of the hedgerow shown approximately within the area identified by a pink line on the vegetation removal plan, reference 1	To facilitate construction of the authorised development
Braintree District Council	Removal of that part of the hedgerow shown approximately within the area identified by a pink line on the vegetation removal plan, reference 2	To facilitate construction of the authorised development
Braintree District Council	Removal of that part of the hedgerow shown approximately within the area identified by a pink line on the vegetation removal plan, reference 3	To facilitate construction of the authorised development
Braintree District Council	Removal of that part of the hedgerow shown approximately within the area identified by a pink line on the vegetation removal plan, reference 4	To facilitate construction of the authorised development
Braintree District Council	Removal of that part of the hedgerow shown approximately within the area identified by a pink line on the vegetation removal plan, reference 5	To facilitate construction of the authorised development
Chelmsford City Council	Removal of that part of the hedgerow shown approximately within the area identified by a pink line on the vegetation removal plan, reference 6	To facilitate construction of the authorised development
Braintree District Council	Removal of that part of the hedgerow shown approximately within the area identified by a pink line on the vegetation removal plan, reference 7	To facilitate construction of the authorised development
Braintree District Council	Removal of that part of the hedgerow shown approximately within the area identified by a pink line on the vegetation removal plan, reference 8	To facilitate construction of the authorised development
Braintree District Council	Removal of that part of the hedgerow shown approximately within the area identified by a pink line on the vegetation removal plan, reference 9	To facilitate construction of the authorised development
Braintree District Council	Removal of that part of the hedgerow shown approximately within the area identified by a pink line on the vegetation removal plan, reference 10	To facilitate construction of the authorised development
Chelmsford City Council	Removal of that part of the hedgerow shown approximately within the area identified by a pink line on the vegetation removal plan, reference 11	To create a visibility splay
Chelmsford City Council / Braintree District Council (border)	Removal of that part of the hedgerow shown approximately within the area identified by a pink line on the vegetation removal plan, reference 12	To facilitate construction of the authorised development
Chelmsford City Council / Braintree District Council (border)	Removal of that part of the hedgerow shown approximately within the area identified by a pink line on the vegetation removal plan, reference 13	To facilitate construction of the authorised development and to create a visibility splay
Braintree District Council	Removal of that part of the hedgerow shown approximately within the area identified by a pink line on the vegetation removal plan, reference 14	To facilitate construction of the authorised development
Braintree District Council	Removal of that part of the hedgerow shown approximately within the area identified by a pink line on the vegetation removal plan, reference 16	To facilitate construction of the authorised development
Chelmsford City Council	Removal of that part of the hedgerow shown approximately within the area identified by a pink line on the vegetation removal plan, reference 17	To create a visibility splay
Chelmsford City Council	Removal of that part of the hedgerow shown approximately within the area identified by a pink line on the vegetation removal plan, reference 18	To facilitate construction of the authorised development
Braintree District Council	Removal of that part of the hedgerow shown approximately within the area identified by a pink line on the vegetation removal plan, reference 19	To facilitate construction of the authorised development
Braintree District Council	Removal of that part of the hedgerow shown approximately within the area identified by a pink line on the vegetation removal plan, reference 20	To facilitate construction of the authorised development
Chelmsford City Council	Removal of that part of the hedgerow shown approximately within the area identified by a pink line on the vegetation removal plan, reference 21	To facilitate construction of the authorised development
Chelmsford City Council	Removal of that part of the hedgerow shown approximately within the area identified by a pink line on the vegetation removal plan, reference 22	To facilitate construction of the authorised development
Chelmsford City Council	Removal of that part of the hedgerow shown approximately within the area identified by a pink line on the vegetation removal plan, reference 23	To facilitate construction of the authorised development
Chelmsford City Council	Removal of that part of the hedgerow shown approximately within the area identified by a pink line on the vegetation removal plan, reference 24	To facilitate construction of the authorised development
Chelmsford City Council	Removal of that part of the hedgerow shown approximately within the area identified by a pink line on the vegetation removal plan, reference 25	To facilitate construction of the authorised development
Chelmsford City Council	Removal of that part of the hedgerow shown approximately within the area identified by a pink line on the vegetation removal plan, reference 26	To facilitate construction of the authorised development
Chelmsford City Council	Removal of that part of the hedgerow shown approximately within the area identified by a pink line on the vegetation removal plan, reference 27	To facilitate construction of the authorised development
Chelmsford City Council	Removal of that part of the hedgerow shown approximately within the area identified by a pink line on the vegetation removal plan, reference 28	To facilitate construction of the authorised development

SCHEDULE 13 — DOCUMENTS AND PLANS TO BE CERTIFIED

(1)Document name	(2)Document reference	(3)Revision number	(4)Date
biodiversity design strategy	7.3.B	1.0	February 2022
book of reference	4.3(B)	3.0	January 2023
Bulls Lodge substation extension drainage strategy	Appendix 9D contained in the environmental statement (document reference 6.2)	1.0	November 2021
decommissioning strategy	7.12(A)	2.0	August 2022
environmental statement	environmental statement volume 1: 6.1 (excluding chapters 2, ..., 7, 10, 14)	>1.0	February 2022
	environmental statement volume 1: 6.1(A) (chapters 2, and 10)	2.0	August 2022
	. . .	. . .	. . .
	environmental statement volume 1: 6.1(B) (chapter 7)	3.0	September 2022
	environmental statement volume 1: 6.1(A) (chapter 14)	2.0	November 2022
	environmental statement volume 2: 6.2 (excluding appendices 2A, 7A, 9A, 9D, 10F, 13B , 13C )	1.0	February 2022
	environmental statement volume 2: 6.2(A) (appendix 2A)	2.0	December 2022
	environmental statement volume 2: 6.2(A) (appendix 7A)	2.0	September 2022
	environmental statement volume 2: 6.2(A) (appendices 9A, 10F)	2.0	August 2022
	environmental statement volume 2: 6.2(B) (appendix 9D)	1.0	November 2021
	environmental statement volume 2: 6.2 (B) (appendix 13B)	5.0	January 2023
	environmental statement volume 2: 6.2(A) (appendix 13C)	2.0	October 2022
	environmental statement volume 3: 6.3 (excluding figures ..., 2-5, 2-27, 2-32, 10-10-2, 10-12, 10-13 (visualisations 4 and 5 of 5) and 10-15)	1.0	February 2022
	environmental statement volume 3: 6.3(A) (figure 2-3)	2.0	August 2022
	. . .	2.0	September 2022
	environmental statement volume 3: 6.3(A) (figure 10-13 (visualisations 4 and 5 of 5))	2.0	October 2022
	environmental statement volume 3 6.3(C) (figure 10-15)	4.0	November 2022
	environmental statement volume 3: 6.3B (figure 2-5)	3.0	December 2022
	>environmental statement volume 3: 6.3B (figure 2-27)	3.0	December 2022
	cable route and substation ecology survey: 8.7	1.0	August 2022
	Wheeler’s Hill and Cranham Road ecology survey: 8.8	1.0	August 2022
	arboricultural impact assessment 8.13	1.0	October 2022
	Phase 1 ecology survey report 8.14	1.0	October 2022
	Ecology appraisal for Boreham Road AIL Access 8.18	1.0	November 2022
flood risk assessment	Appendix 9A contained in the environmental statement (document reference 6.2(A))	2.0	August 2022
framework construction traffic management plan	Appendix 13B contained in the environmental statement (document reference 6.2 (B) )	5.0	January 2023
land plans	2.1(A)	2.0	September 2022
outline battery safety management plan	7.6	1.0	February 2022
outline construction environmental management plan	7.10(C)	4.0	November 2022
outline design principles	7.3.A(D)	5.0	December 2022
outline landscape and ecological management plan	7.13 (D)	6.0	January 2023
outline operational environmental management plan	7.11 (A)	4.0	November 2022
outline public rights of way management plan	Appendix 13C contained in the environmental statement (document reference 6.2(A))	2.0	October 2022
outline soils resource management plan	8.16	1.0	October 2022
overarching written scheme of investigation	8.11(A)	2.0	October 2022
permissive paths plans	7.14(A)	2.0	January 2023
streets, access and rights of way plans	2.3(A)	2.0	October 2022
SuDS strategy	Appendix 9C contained in the environmental statement (document reference 6.2)	1.0	February 2022
traffic regulation measures plans	2.4	1.0	February 2022
vegetation removal plan	Figure 10-15 (document reference 6.3(C))	4.0	November 2022
works plans	2.2(B)	3.0	October 2022

SCHEDULE 14 — ARBITRATION RULES

Commencing an arbitration

1

• (1) The primary objective of these arbitration rules is to achieve a fair, impartial, final and binding award on the substantive difference between the parties (save as to costs) within 4 months from the date the arbitrator is appointed pursuant to article 39 of this Order.

• (2) The arbitration is deemed to have commenced when a party (“the claimant”) serves a written notice of arbitration on the other party (“the respondent”).

Time periods

2

• (1) All time periods in these arbitration rules are measured in days and include weekends, but not bank or public holidays.

• (2) Time periods are calculated from the day after the arbitrator is appointed which is either—

• (a) the date the arbitrator notifies the parties in writing of his/her acceptance of an appointment by agreement of the parties; or

• (b) the date the arbitrator is appointed by the Secretary of State.

Timetable

3

• (1) The timetable for the arbitration is that which is set out in sub-paragraphs (2) to (4) below unless amended in accordance with paragraph 5(3).

• (2) Within 14 days of the arbitrator being appointed, the claimant must provide both the respondent and the arbitrator with—

• (a) a written statement of claim which describes the nature of the difference between the parties, the legal and factual issues, the claimant’s contentions as to those issues, the amount of its claim or the remedy it is seeking;

• (b) all statements of evidence and copies of all documents on which it relies, including contractual documentation, correspondence (including electronic documents), legal precedents and expert witness reports.

• (3) Within 14 days of receipt of the claimant’s statements under sub-paragraph (2) by the arbitrator and respondent, the respondent must provide the claimant and the arbitrator with—

• (a) a written statement of defence consisting of a response to the claimant’s statement of claim, its statement in respect of the nature of the difference, the legal and factual issues in the claimant’s claim, its acceptance of any elements of the claimant’s claim and its contentions as to those elements of the claimant’s claim it does not accept;

• (b) all statements of evidence and copies of all documents on which it relies, including contractual documentation, correspondence (including electronic documents), legal precedents and expert witness reports;

• (c) any objection it wishes to make to the claimant’s statements, comments on the claimant’s expert reports (if submitted by the claimant) and explanations of the objections.

• (4) Within seven days of the respondent serving its statements under sub-paragraph (3), the claimant may make a statement of reply by providing both the respondent and the arbitrator with—

• (a) a written statement responding to the respondent’s submissions, including its reply in respect of the nature of the difference, the issues (both factual and legal) and its contentions in relation to the issues;

• (b) all statements of evidence and copies of documents in response to the respondent’s submissions;

• (c) any expert report in response to the respondent’s submissions;

• (d) any objections to the statements of evidence, expert reports or other documents submitted by the respondent; and

• (e) its written submissions in response to the legal and factual issues involved.

Procedure

4

• (1) The parties’ pleadings, witness statements and expert reports (if any) must be concise. A single pleading must not exceed 30 single-sided A4 pages using 10pt Arial font.

• (2) The arbitrator must make an award on the substantive differences based solely on the written material submitted by the parties unless the arbitrator decides that a hearing is necessary to explain or resolve any matters.

• (3) Either party may, within two days of delivery of the last submission, request a hearing giving specific reasons why it considers a hearing is required.

• (4) Within seven days of receiving the last submission, the arbitrator must notify the parties whether a hearing is to be held and the length of that hearing.

• (5) Within ten days of the arbitrator advising the parties that a hearing is to be held, the date and venue for the hearing are to be fixed by agreement with the parties, save that if there is no agreement the arbitrator must direct a date and venue which the arbitrator considers is fair and reasonable in all the circumstances. The date for the hearing must not be less than 35 days from the date of the arbitrator’s direction confirming the date and venue of the hearing.

• (6) A decision must be made by the arbitrator on whether there is any need for expert evidence to be submitted orally at the hearing. If oral expert evidence is required by the arbitrator, then any experts attending the hearing may be asked questions by the arbitrator.

• (7) There is to be no examination or cross-examination of experts, but the arbitrator must invite the parties to ask questions of the experts by way of clarification of any answers given by the experts in response to the arbitrator’s questions. Prior to the hearing in relation to the experts—

• (a) at least 28 days before a hearing, the arbitrator must provide a list of issues to be addressed by the experts;

• (b) if more than one expert is called, they must jointly confer and produce a joint report or reports within 14 days of the issues being provided; and

• (c) the form and content of a joint report must be as directed by the arbitrator and must be provided at least seven days before the hearing.

• (8) Within 14 days of a hearing or a decision by the arbitrator that no hearing is to be held the parties may by way of exchange provide the arbitrator with a final submission in connection with the matters in dispute and any submissions on costs. The arbitrator must take these submissions into account in the award.

• (9) The arbitrator may make other directions or rulings as considered appropriate in order to ensure that the parties comply with the timetable and procedures to achieve an award on the substantive difference within four months of the date on which the arbitrator is appointed, unless both parties otherwise agree to an extension to the date for the award.

• (10) If a party fails to comply with the timetable, procedure or any other direction then the arbitrator may continue in the absence of a party or submission or document, and may make a decision on the information before the arbitrator attaching the appropriate weight to any evidence submitted beyond any timetable or in breach of any procedure or direction.

• (11) The arbitrator’s award must include reasons. The parties must accept that the extent to which reasons are given must be proportionate to the issues in dispute and the time available to the arbitrator to deliver the award.

Arbitrator’s powers

5

• (1) The arbitrator has all the powers of the Arbitration Act 1996, save where modified in this Schedule.

• (2) There must be no discovery or disclosure, except that the arbitrator has the power to order the parties to produce such documents as are reasonably requested by another party no later than the statement of reply, or by the arbitrator, where the documents are manifestly relevant, specifically identified and the burden of production is not excessive. Any application and orders are to be made by way of a Redfern Schedule without any hearing.

• (3) Any time limits fixed in accordance with this procedure or by the arbitrator may be varied by agreement between the parties, subject to any such variation being acceptable to and approved by the arbitrator. In the absence of agreement, the arbitrator may vary the timescales or procedure—

• (a) if the arbitrator is satisfied that a variation of any fixed time limit is reasonably necessary to avoid a breach of the rules of natural justice and then;

• (b) only for such a period that is necessary to achieve fairness between the parties.

• (4) On the date the award is made, the arbitrator will notify the parties that the award is completed, signed and dated, and that it is to be issued to the parties on receipt of cleared funds for the arbitrator’s fees and expenses.

Costs

6

• (1) The costs of the arbitration must include the fees and expenses of the arbitrator, the reasonable fees and expenses of any experts and the reasonable legal and other costs incurred by the parties for the arbitration.

• (2) Where the difference involves connected or interrelated issues, the arbitrator must consider the relevant costs collectively.

• (3) The final award must fix the costs of the arbitration and decide which of the parties are to bear them or in what proportion they are to be borne by the parties.

• (4) The arbitrator must award recoverable costs on the general principle that each party should bear its own costs, having regard to all material circumstances, including such matters as exaggerated claims or defences, the degree of success for different elements of the claims, claims that have incurred substantial costs, the conduct of the parties and the degree of success of a party.

Confidentiality

7

• (1) Hearings in this arbitration are to take place in private.

• (2) Materials, documents, awards, expert reports and any matters relating to the arbitration are confidential and must not be disclosed to any third party without prior written consent of the other party, save for any application to the courts or where disclosure is required under any legislative or regulatory requirement.

SCHEDULE 15 — PROTECTIVE PROVISIONS

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

1

For the protection of the utility undertakers referred to in this part of this Schedule, the following provisions have effect, unless otherwise agreed in writing between the undertaker and the utility undertakers 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 not less efficient than previously;

• “apparatus” means—in the case of an electricity undertaker, electric lines or electrical plant (as defined in the Electricity Act 1989[^f00068]), belonging to or maintained by that utility undertaker;in the case of a gas undertaker, any mains, pipes or other apparatus belonging to or maintained by a gas transporter 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; andany water mains or service pipes (or part of a water main or service pipe) that is the subject of an agreement to adopt made under section 51A of the Water Industry Act 1991;in the case of a sewerage undertaker—any drain or works vested in the utility undertaker under the Water Industry Act 1991[^f00069]; andany sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) of that Act or an agreement to adopt made under section 104 of that Act,and includes a sludge main, disposal main (within the meaning of section 219 of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works, and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus; andany other mains, pipelines or cables that are not the subject of the protective provisions in Parts 2 to 6 of this Schedule;

• “functions” includes powers and duties;

• “in”, in a context referring to apparatus or alternative apparatus in land, includes a reference to apparatus or alternative apparatus under, over or upon land; 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[^f00070];water undertaker within the meaning of the Water Industry Act 1991;a sewerage undertaker within the meaning of Part 1 of the Water Industry Act 1991, andan owner or operator of apparatus within paragraph (e) of the definition of that term,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.

3

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

4

Regardless of the temporary prohibition or restriction of use of streets under the powers conferred by article 11 (temporary closure of public rights of way), a utility undertaker is 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 prohibition or restriction was in that street.

5

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.

6

• (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 over which access to any apparatus is enjoyed 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 and to gain access to it must not be extinguished, until alternative apparatus has been constructed and is in operation, and access to it has been provided, to the reasonable satisfaction of the utility undertaker in question in accordance with sub-paragraphs (2) to (7).

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

• (3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2), in the land in which the alternative apparatus or part of such apparatus is to be constructed, the utility undertaker in question must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use reasonable 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 39 (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 39 (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 it desires itself to execute any work, or part of any work, in connection with the construction or removal of apparatus in any land controlled by the undertaker, that work, instead of being executed by the utility undertaker, must be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the utility undertaker.

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

7

• (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 must 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 39 (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.

8

• (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 6(2), the undertaker must submit to the utility undertaker in question a plan, section and description of the works to be executed.

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

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

• (4) If a utility undertaker in accordance with sub-paragraph (3) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 1 to 7 apply as if the removal of the apparatus had been required by the undertaker under paragraph 6(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, section and description instead of the plan, section and description previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan, section and description.

• (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, section and description of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (2) in so far as is reasonably practicable in the circumstances.

9

• (1) Subject to the following provisions of this paragraph, the undertaker must repay to a utility undertaker the reasonable expenses 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 6(2).

• (2) There is to 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,

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 39 (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) is to 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 where such extension is required in consequence of the execution of any such works as are referred to in paragraph 6(2); and

• (b) where the provision of a joint in a 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.

10

• (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any of the works referred to in paragraph 6(2), any damage is caused to any 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) 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.

• (3) 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 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.

11

Nothing in this part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and a utility undertaking 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

12

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

• (2) In this Part of this Schedule—

• “the 2003 Act” means the Communications Act 2003[^f00071];

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

• “the electronic communications code” has the same meaning as in section 106 (application of the electronic communications code) of the 2003 Act;

• “electronic communications code network” means— so much of an electronic communications network or conduit 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 Secretary of State 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; and

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

13

The exercise of the powers of article 29 (statutory undertakers) is subject to Part 10 (undertakers’ works affecting electronic communications apparatus) of the electronic communications code.

14

• (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 39 (arbitration).

15

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 damage, or any interruption, caused by electro-magnetic interference arising from the construction or use of the authorised development.

16

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 EASTERN POWER NETWORKS PLC AND UK POWER NETWORKS LIMITED

17

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

18

In this Part of this Schedule—

• “alternative apparatus” means alternative apparatus adequate to enable the utility undertaker in question to fulfil its statutory functions in a manner not less efficient than previously;

• “apparatus” means electric lines or electrical plant (as defined in the Electricity Act 1989[^f00072]), belonging to or maintained by that utility undertaker, to include any electric lines diverted or undergrounded as part of the authorised development;

• “functions” includes powers and duties;

• “in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over or upon land; and

• “utility undertaker” means— Eastern Power Network Plc, whose registered office is at Newington House, 237 Southwark Bridge Road, London, SE1 6NP; UK Power Networks Limited, whose registered office is at Newington House, 237 Southwark Bridge Road, London, SE1 6NP,

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.

19

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.

20

Regardless of the temporary prohibition or restriction of use of streets under the powers conferred by article 11 (temporary closure of public rights of way), a utility undertaker is 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 prohibition or restriction was in that street.

21

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

22

• (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 over which access to any apparatus is enjoyed 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 and to gain access to it must not be extinguished, until alternative apparatus has been constructed and is in operation, and access to it has been provided, to the reasonable satisfaction of the utility undertaker in question in accordance with sub-paragraphs (2) to (6).

• (2) If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, the undertaker must give to the utility undertaker in question 28 days’ written notice of that requirement together with a plan and section of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order 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 undertaker in question must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use reasonable 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 39 (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 39 (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 it desires itself to execute any work, or part of any work, in connection with the removal of apparatus or construction of alternative apparatus in any land controlled by the undertaker, that work, instead of being executed by the utility undertaker, must be executed by the undertaker without unnecessary delay and only in accordance with plans approved by the utility undertaker, such approval may be subject to such reasonable conditions including but not limited to the undertaker entering into an assets protection agreement with the utility undertaker as the utility undertaker deems necessary. The undertaker must carry out the works under the superintendence, if given, and to the reasonable satisfaction of the utility undertaker subject to the utility undertaker’s reasonable specification.

23

• (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 must 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 39 (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.

24

• (1) Not less than 28 days before starting the execution of any works in, on, over or under any land purchased, held, appropriated or used under this Order that are over, under or near to, or will or may affect, any apparatus the removal of which has not been required by the undertaker under paragraph 22, the undertaker must submit to the utility undertaker in question a plan, section and description of the works to be executed.

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

• (3) Any requirements made by a utility undertaker under sub-paragraph (2) must be made within a period of 28 days beginning with the date on which a plan, section and description under sub-paragraph (1) are submitted to it.

• (4) If a utility undertaker in accordance with sub-paragraph (3) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 17 to 23 apply as if the removal of the apparatus had been required by the undertaker under paragraph 22(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, section and description instead of the plan, section and description previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan, section and description.

• (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, section and description of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (2) in so far as is reasonably practicable in the circumstances.

25

• (1) Subject to the following provisions of this paragraph, the undertaker must repay to a utility undertaker all reasonable expenses 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 22(2).

• (2) There is to 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,

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 39 (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) is to 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 where such extension is required in consequence of the execution of any such works as are referred to in paragraph 22(2); and

• (b) where the provision of a joint in a 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.