The Net Zero Teesside Order 2024

• (1) No part of the authorised development may commence, save for the permitted preliminary works, until details for undertaking condition surveys of the relevant highways which are maintainable at the public expense in accordance with the 1980 Act and which are to be used during construction have been submitted to and, after consultation with the highway authority, approved by the relevant planning authority.

• (2) The condition surveys must be undertaken in accordance with the approved details and a schedule of repairs, including a programme for undertaking any such repairs and their inspection, must, following the completion of the post-construction condition surveys, be submitted to, and after consultation with the highway authority, approved by the relevant planning authority.

• (3) The schedule of repairs must be carried out as approved unless otherwise agreed with the relevant planning authority.

Construction traffic management plan

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• (1) No part of the authorised development may commence, save for the permitted preliminary works, until a construction traffic management plan for that part has been submitted to and, after consultation with National Highways and the relevant highway authority, STDC, Sembcorp, Royal Mail and the TG entities, approved by the relevant planning authority.

• (2) The plan submitted and approved must be in accordance with Chapter 16 of the environmental statement and the framework construction traffic management plan.

• (3) The plan submitted and approved must include—

• (a) details of the routes to be used for the delivery of construction materials and any temporary signage to identify routes and promote their safe use, including details of the access points to the construction site to be used by light goods vehicles and heavy goods vehicles;

• (b) details of the routing strategy and procedures for the notification and conveyance of abnormal indivisible loads, including agreed routes, the numbers of abnormal loads to be delivered by road and measures to mitigate traffic impact;

• (c) details of the activities to be undertaken to inform major users of highways in the area of the local highways authority about the impact of works to be undertaken to highways as part of the authorised development;

• (d) the construction programme, including the profile of activity across the day;

• (e) any necessary measures for the temporary protection of carriageway surfaces, the protection of statutory undertakers’ plant and equipment, and any temporary removal of street furniture; and

• (f) details of the monitoring to be undertaken in accordance with paragraph 16.5 of the framework construction traffic management plan.

• (4) Notices must be erected and maintained throughout the period of construction at every entrance to and exit from the construction site, indicating to drivers the approved routes for traffic entering and leaving the construction site.

• (5) The plan must be implemented as approved unless otherwise agreed with the relevant planning authority.

Construction workers travel plan

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• (1) No part of the authorised development may commence, save for the permitted preliminary works, until a construction workers travel plan for that part has been submitted to and, after consultation with National Highways and the relevant highway authority and STDC, approved by the relevant planning authority.

• (2) The plan submitted and approved must be in accordance with Chapter 16 of the environmental statement and the framework construction workers travel plan.

• (3) The plan submitted and approved must include—

• (a) measures to promote the use of sustainable transport modes to and from the authorised development by construction staff;

• (b) provision as to the responsibility for, and timescales of, the implementation of those measures;

• (c) details of parking for construction personnel within the construction sites;

• (d) a monitoring and review regime; and

• (e) the profile of activity across the day.

• (4) The approved plan must be implemented within three months of commencement of the relevant part of the authorised development and must be maintained throughout the construction of the authorised development unless otherwise agreed with the relevant planning authority.

Construction hours

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• (1) Construction work and the delivery or removal of materials, plant and machinery relating to the authorised development must not take place on bank holidays nor otherwise outside the hours of—

• (a) 0700 to 1900 hours on Monday to Friday; and

• (b) 0700 to 1300 hours on a Saturday.

• (2) The restrictions in sub-paragraph (1) does not apply to construction work or the delivery or removal of materials, plant and machinery, where these—

• (a) do not exceed a noise limit measured at the Order limits and which must be first agreed with the relevant planning authority in accordance with requirement 21;

• (b) are carried out with the prior approval of the relevant planning authority; or

• (c) are associated with an emergency.

• (3) The restrictions in sub-paragraph (1) do not apply to the delivery of abnormal indivisible loads, where this is—

• (a) associated with an emergency; or

• (b) carried out with the prior approval of the relevant planning authority.

• (4) Sub-paragraph (1) does not preclude—

• (a) a start-up period from 0630 to 0700 and a shut-down period from 1900 to 1930 Monday to Friday and a start-up period from 0630 to 0700 and a shut-down period from 1300 to 1330 on a Saturday; or

• (b) maintenance at any time of plant and machinery engaged in the construction of the authorised development;

• (5) In this requirement “emergency” means a situation where, if the relevant action is not taken, there would likely be adverse health, safety, security or environmental consequences that, in the reasonable opinion of the undertaker, would outweigh the adverse effects to the public (whether individuals, classes or generally as the case may be) of taking that action.

Control of noise - construction

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• (1) No part of the authorised development may commence, save for the permitted preliminary works, until a scheme for the monitoring and control of noise during the construction of that part of the authorised development has been submitted to and approved by the relevant planning authority, following consultation with Sembcorp.

• (2) The scheme submitted and approved must be in accordance with the principles set out in Chapter 11 of the environmental statement and specify—

• (a) each location from which noise is to be monitored;

• (b) the method of noise measurement;

• (c) the maximum permitted levels of noise at each monitoring location to be determined with reference to the ABC Assessment Method for the different working time periods, as set out in BS 5228-1:2009+A1:2014, unless otherwise agreed in writing with the relevant planning authority for specific construction activities;

• (d) provision as to the circumstances in which construction activities must cease as a result of a failure to comply with a maximum permitted level of noise; and

• (e) the noise control measures to be employed.

• (3) The scheme must be implemented as approved unless otherwise agreed with the relevant planning authority.

Control of noise - operation

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• (1) No part of Work Nos. 1 or 7 may be brought into commercial use following commissioning until a scheme for the management and monitoring of noise during operation of those parts of the authorised development and which is consistent with the principles set out in Chapter 11 of the environmental statement has been submitted to and approved by the relevant planning authority.

• (2) Noise (in terms of the BS4142:2014 rating level) from the operation of the authorised development must be no greater than +5dB difference to the defined representative background sound level during the daytime and no greater than +5dB difference to the defined representative background sound level during the night time adjacent to the nearest residential properties at such locations as agreed with the relevant planning authority.

• (3) The scheme must be implemented as approved unless otherwise agreed with the relevant planning authority.

• (4) In this requirement “daytime” means the period from 0700 to 2300 and “night time” means the period from 2300 to 0700.

Piling and penetrative foundation design

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• (1) No part of the authorised development comprised within Work Nos. 1 or 7 may commence, save for the permitted preliminary works, until a written piling and penetrative foundation design method statement, informed by a risk assessment and which is consistent with the piling mitigation measures in paragraph 10.8 of Chapter 10 of the environmental statement and the principles set out in Chapter 11 of the environmental statement and any construction environmental management plan (including the details of any approved groundwater monitoring plan) submitted under requirement 16(1) for that part, has been submitted to and, after consultation with the Environment Agency, Natural England, Sembcorp and STDC, approved by the relevant planning authority.

• (2) All piling and penetrative foundation works must be carried out in accordance with the approved method statement unless otherwise agreed with the relevant planning authority.

Waste management on site - construction wastes

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• (1) No part of the authorised development may commence, save for the permitted preliminary works, until a construction site waste management plan for that part has been submitted to and, after consultation with STDC, approved by the relevant planning authority.

• (2) The plan submitted under sub-paragraph (1) must be in accordance with the framework site waste management plan.

• (3) The plan must be implemented as approved unless otherwise agreed with the relevant planning authority.

Restoration of land used temporarily for construction

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• (1) Prior to the date of final commissioning of each relevant Work No., a scheme for the restoration (including remediation of contamination caused by the undertaker’s activities) of any land within the Order limits which has been used temporarily for construction must, for each part of the authorised development, be submitted to and approved by the relevant planning authority (following consultation with Sembcorp and STDC).

• (2) The land must be restored within one year of the date of final commissioning of each relevant Work No. (or such longer period as the relevant planning authority may approve) in accordance with the restoration scheme approved pursuant to sub-paragraph (1).

• (3) The scheme submitted pursuant to sub-paragraph (1) must take into account the updated hydrogeological impact assessment and any further ground investigation reports and groundwater monitoring required by requirement 13(2)(f).

Combined heat and power

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• (1) Work No. 1A must not be brought into commercial use following commissioning until the relevant planning authority has given notice that it is satisfied that the undertaker has allowed for space within the design of the authorised development for the later provision of heat pass-outs for off-site users of process or space heating and its later connection to such systems, should they be identified and commercially viable.

• (2) The undertaker must maintain such space during the operation of the authorised development unless otherwise agreed with the relevant planning authority.

• (3) On the date that is 12 months after Work No. 1A is first brought into commercial use following commissioning, the undertaker must submit to the planning authority for its approval a report (‘the CHP review’) updating the CHP assessment.

• (4) The CHP review submitted and approved must—

• (a) consider the opportunities that reasonably exist for the export of heat from the authorised development at the time of submission and which are economically viable; and

• (b) include a list of actions (if any) that the undertaker is reasonably to take (including with regard to cost to the undertaker) to increase the potential for the export of heat from the authorised development.

• (5) The undertaker must take such actions as are included, within the timescales specified, in the approved CHP review unless otherwise agreed with the relevant planning authority.

• (6) On each date during the operation of Work No. 1A that is four years after the date on which it last submitted the CHP review or a revised CHP review to the relevant planning authority, the undertaker must submit to the relevant planning authority for its approval a revised CHP review.

• (7) Sub-paragraphs (4) and (5) apply in relation to a revised CHP review submitted under sub- paragraph (6) in the same way as they apply in relation to the CHP review submitted under sub- paragraph (3).

Aviation warning lighting

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• (1) No part of the authorised development comprised within Work No. 1 or 7 may commence, save for the permitted preliminary works, until details of the aviation warning lighting to be installed for that part during construction and operation have been submitted to, and after consultation with the Civil Aviation Authority, approved by the relevant planning authority.

• (2) The aviation warning lighting approved pursuant to sub-paragraph (1) must be installed and operated in accordance with the approved details.

Air safety

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No part of Work Nos. 1 or 7 may commence, save for the permitted preliminary works, until details of the information that is required by the Defence Geographic Centre of the Ministry of Defence to chart the site for aviation purposes for that part have been submitted to and approved by the relevant planning authority.

Local liaison group

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• (1) No part of the authorised development may commence, save for the permitted preliminary works, until the undertaker has established a group to liaise with local residents and organisations about matters relating to the authorised development (the “local liaison group”).

• (2) The undertaker must invite the relevant planning authority, Sembcorp, STDC, the TG entities and other relevant interest groups, as may be agreed with the relevant planning authority, to nominate representatives to join the local liaison group.

• (3) The undertaker must provide a secretariat service and provide either an appropriate venue for the local liaison group meetings to take place or means by which the local liaison group meetings can take place electronically.

• (4) The local liaison group must—

• (a) include representatives of the undertaker or its contactor; and

• (b) meet every other month, starting in the month prior to commencement of the authorised development, until the completion of commissioning unless otherwise agreed by the majority of the members of the local liaison group.

Employment, skills and training plan

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• (1) No part of the authorised development may commence, save for the permitted preliminary works, until a plan detailing arrangements to promote employment, skills and training development opportunities for local residents during construction of the authorised development has been submitted to and approved by the relevant planning authority.

• (2) The plan approved pursuant to sub-paragraph (1) must be implemented and maintained during the construction of the authorised development unless otherwise agreed by the relevant planning authority.

• (3) No part of Work No. 1 may be commissioned until a plan detailing arrangements to promote employment opportunities during operation of the authorised development has been submitted to and approved by the relevant planning.

• (4) The plan approved pursuant to sub-paragraph (3) must be implemented and maintained during the operation of the authorised development unless otherwise agreed by the relevant planning authority.

Carbon dioxide capture transfer and storage

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• (1) No part of the authorised development, save for the permitted preliminary works, may commence until evidence of the following (or such licence or consent as may replace those listed) has been submitted to and approved by the relevant planning authority—

• (a) that the carbon dioxide storage licence has been granted;

• (b) that the environmental permits have been granted for Work No. 1 and Work No. 7; and

• (c) that any pipeline works authorisation required by section 14 of the Petroleum Act 1998⁴⁸ for offshore pipeline works from Work No. 8 to the carbon dioxide storage site has been granted.

• (2) Prior to the start of commissioning of the authorised development, the undertaker must not without the consent of the Secretary of State—

• (a) dispose of any interest held by the undertaker in the land required for Work No. 1C and Work No. 7; or

• (b) do anything, or allow anything to be done or to occur, which may reasonably be expected to diminish the undertaker’s ability, within two years of such action or occurrence, to prepare Work No. 1C and 7 for construction.

• (3) Work No. 1A may not be brought into commercial use without Work Nos. 1C, 7 and 8 also being brought into commercial use and Work No. 8 being connected to an operational storage site.

Decommissioning

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• (1) Within 12 months (or such longer period as may be agreed in writing with the relevant planning authority) of the date that any part of the authorised development permanently ceases operation, the undertaker must submit to the relevant planning authority for its approval (following consultation with Sembcorp and the Environment Agency)—

• (a) a decommissioning environmental management plan for that part; and

• (b) evidence that any necessary planning consents have been granted for decommissioning in relation to that part.

• (2) No decommissioning works must be undertaken until the relevant planning authority has—

• (a) approved the plan submitted for that part submitted pursuant to sub-paragraph (1)(a); and

• (b) confirmed in writing that it is satisfied as to the evidence submitted for that part pursuant to sub-paragraph (1)(b).

• (3) Where the relevant planning authority notifies the undertaker that the information submitted pursuant to sub-paragraph (1) is not approved, the undertaker must within a period of 2 months from the notice (or such other period as may be agreed with the relevant planning authority) make a further submission pursuant to sub-paragraph 1 to the relevant planning authority, unless it has submitted an appeal to the Secretary of State against the decision of the relevant planning authority pursuant to sub-paragraph 409(1) of Schedule 13.

• (4) Where the undertaker has submitted an appeal pursuant to sub-paragraph 409(1) of Schedule13 against the decision of the relevant planning authority to not approve the information submitted pursuant to sub-paragraph (1), and the Secretary of State notifies the undertaker that the appeal has been dismissed, the undertaker must within a period of 2 months from the notice from the Secretary of State (or such other period as may be agreed with the relevant planning authority) make a further submission pursuant to sub-paragraph (1) to the relevant planning authority.

• (5) The plan submitted pursuant to sub-paragraph (1)(a) must include details of—

• (a) the buildings to be demolished and the apparatus to be removed;

• (b) where apparatus is proposed to be left in-situ and not removed, the steps to be taken to decommission such apparatus and ensure it remains safe;

• (c) the means of removal of the materials resulting from the decommissioning works;

• (d) the phasing of the demolition and removal works;

• (e) any restoration works to restore the land to a condition agreed with the relevant planning authority;

• (f) the phasing of any restoration works;

• (g) a timetable for the implementation of the scheme;

• (h) traffic management arrangements during any demolition, removal and remediation works; and

• (i) the monitoring and control of noise.

• (6) The plan submitted pursuant to sub-paragraph (1)(a) must be implemented as approved unless otherwise agreed with the relevant planning authority.

Requirement for written approval

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Where under any of the above Requirements the approval or agreement of the relevant planning authority or another person is required, that approval or agreement must be provided in writing.

Approved details and amendments to them

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• (1) All details submitted for the approval of the relevant planning authority under these Requirements must reflect the principles set out in the documents certified under article 45 (certification of plans etc.).

• (2) With respect to any requirement which requires the authorised development to be carried out in accordance with the details approved by the relevant planning authority, the approved details are to be taken to include any amendments that may subsequently be approved by the relevant planning authority.

Amendments agreed by the relevant planning authority

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• (1) Where the words “unless otherwise agreed by the relevant planning authority” appear in the these Requirements, any such approval or agreement may only be given in relation to non- material amendments and where it has been demonstrated to the satisfaction of that authority that the subject matter of the approval or agreement sought will not give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.

• (2) In cases where the requirement or the relevant sub-paragraph requires consultation with specified persons, any such approval or agreement must not be given without the relevant planning authority having first consulted with those persons.

Consultation with South Tees Development Corporation

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Where a requirement specifies that the relevant planning authority must consult STDC that only applies to the extent that the matters submitted for approval relate to any part of the authorised development which is within the STDC area or in the relevant planning authority’s opinion could affect the STDC area.

Effluent nutrient nitrogen safeguarding scheme

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• (1) No part of the authorised development other than the permitted preliminary works may commence until an effluent nutrient nitrogen safeguarding scheme has been submitted to and, after consultation with Natural England and the Environment Agency, approved by the relevant planning authority.

• (2) The effluent nutrient nitrogen safeguarding scheme submitted pursuant to paragraph (1) must include the following—

• (a) details of the selected design and discharge location of the infrastructure that will treat and discharge effluent containing nitrogen produced by the operation of the authorised development;

• (b) discharge modelling of the design selected pursuant to sub-paragraph (a) and which (unless otherwise agreed with the relevant planning authority after consultation with Natural England and the Environment Agency) is based on the modelling methodology in Appendix B of the nutrient nitrogen briefing paper; and

• (c) information on the wastewater discharge monitoring methods, frequency and locations that will be undertaken pursuant to any environmental permits required for the authorised development.

• (3) The effluent nutrient nitrogen safeguarding scheme submitted pursuant to paragraph (1) must demonstrate that nitrogen in effluent from the operation of the authorised development is controlled and discharged in order that the nitrogen in effluent will—

• (a) not cause a net increase in total nitrogen loads in water within the Tees Estuary at the Seal Sands mud flats; and

• (b) not impact on the Water Framework Directive status of the Tees Coastal Water, Tees Transitional Waterbody or Tees Estuary.

• (4) The undertaker must implement the effluent nutrient nitrogen safeguarding scheme as approved, unless otherwise agreed with the relevant planning authority following consultation with Natural England and the Environment Agency.

Consultation with Sembcorp and TG entities

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In this Schedule any reference to—

• (a) “Sembcorp” means the same as the definition of “Sembcorp” in Part 17 of Schedule 12 of the Order; and

• (b) “TG entities” means the same as the definition of “NSMP entity” in Part 28 of Schedule12 of the Order.

SCHEDULE 3 — AMENDMENTS OF THE YORK POTASH HARBOUR FACILITIES ORDER 2016

1

The York Potash Harbour Facilities Order 2016⁴⁹ is amended as follows.

2

In article 34 (protection of interests), for “11” substitute “12”.

3

After Schedule 11 insert new Schedule 12—

SCHEDULE 12 (1) For the protection of the NZT Undertaker, the following provisions have effect, unless otherwise agreed in writing between the Parties. (2) The following definitions apply in this Part of this Schedule— - “Anglo American Apparatus” means the pipeline, cables, structures which are or are to be owned, occupied or maintained by the undertaker within the Shared Area; - “Land Plans” means the land plans as defined by the NZT Order; - “NZT Apparatus” means the pipeline, cables, structures to be owned, occupied or maintained by the NZT Undertaker within the Shared Area; - “NZT Order” means the Net Zero Teesside Order 2024; - “NZT Project” means the construction, operation or maintenance of the authorised development as is defined by the NZT Order; - “NZT Specified Works” means so much of the NZT Project as is within the Shared Area; - “NZT Undertaker” means the undertaker as defined by the NZT Order; - “Parties” means the NZT Undertaker and the undertaker; - “Plans” includes sections, drawings, specifications design data, software, soil reports, calculations, descriptions (including descriptions of methods of construction), staging proposals, programmes and details of the extent, timing and duration of any proposed occupation of the shared area; - “Property Documents” means any leases, licences or other documents by virtue of which Anglo American has an interest in, on or over land; - “Respective Projects” means the NZT Project and the authorised development; - “Secretary of State” means the Secretary of State for Energy Security and Net Zero or any successor in function; - “Shared Area” means the land coloured blue on the Shared Area Plan; - “Shared Area 1” means the land comprising plots 222 and 223 on the Land Plans; - “Shared Area 2” means the land comprising plots 252, 252a, 253, 253a, 255, 263, 278, 280, 281, 284, 285, 286, 294, 301, 302, 303, 314, 315, 316, 317, 318, 319, 320, 321, 322, 324, 325, 328, 329, 330, 331, 332, 333, 343 and 541 on the Land Plans; - “Shared Area 3” means the land comprising plots 332, 343, 345 and 347 on the Land Plans; - “Shared Area 4” means the land comprising plots 384, 397, 395, 401 and 405 on the Land Plans; - “Shared Area 5” means the land comprising plots 417, 418, 427, 432, 436 and 439 on the Land Plans; - “Shared Area 6” means the land comprising plots 540a and 540d on the Land Plans; - “Shared Area Plan” means the plan which is certified as the Net Zero Teesside Anglo American Shared Area Plan by the Secretary of State under article 45 (certification of plans etc.) of the NZT Order; and - “Specified Works” means so much of the authorised development as is within the Shared Area. (3) (1) Where the consent or agreement of the NZT Undertaker is required under the provisions of this Schedule the undertaker must give at least 21 days written notice to the NZT Undertaker of the request for such consent or agreement and in such notice must specify the works or matter for which consent or agreement is to be requested and the Plans that will be provided with the request which must identify— (a) the land that will or may be affected; (b) which Works Nos. from the Order any powers sought to be used or works to be carried out relate to; (c) the identity of the contractors carrying out the work; (d) the proposed programme for the power to be used or works to be carried out; and (e) the named point of contact for the undertaker for discussions in relation to the information supplied and the consenting process. (2) The NZT Undertaker must notify the undertaker within 14 days of the receipt of the written notice under sub-paragraph (1) of— (a) any information it reasonably requires to be provided in addition to that proposed to be supplied by the undertaker under sub-paragraph (1); (b) any particular circumstances with regard to the construction or operation of the NZT Project it requires to be taken into account; (c) the named point of contact for the NZT Undertaker for discussions in relation to the information supplied and the consenting process; and (d) the specific person who will be responsible for confirming or refusing the consent or agreement. (3) Any request for consent under paragraphs 5(1), 6(1) and 6(2) must be accompanied by the information referred to in sub-paragraph (1) as amended or expanded in response to sub-paragraph (2). (4) Subject to sub-paragraph (5), where conditions are included in any consent granted by the NZT Undertaker pursuant to this Part of this Schedule, the undertaker must comply with the conditions if it chooses to implement or rely on the consent, unless the conditions are waived or varied in writing by the NZT Undertaker. (5) Wherever in this Schedule provision is made with respect to the agreement, approval or consent of the NZT Undertaker, that approval or consent must be in writing and subject to such reasonable terms and conditions as the NZT Undertaker may require including conditions requiring protective works to be carried out, but must not be unreasonably refused or delayed and for the purposes of these provisions it will be deemed to be reasonable for any consent to be refused if it would— (a) compromise the safety and operational viability of the NZT Project; (b) make regulatory compliance more difficult or expensive; and/or (c) prevent the ability of the NZT Undertaker to have uninterrupted access to the NZT Project, provided that before the NZT Undertaker can validly refuse consent for any of the reasons set out in sub-paragraphs (a) and (b) it must first give the undertaker seven days’ notice of such intention and consider any representations made in respect of such refusal by the undertaker to the NZT Undertaker within that seven day period. (6) The seven day period referred to in the proviso to sub-paragraph (5) must be added to the period of time within which any request for agreement, approval or consent is required to be responded to pursuant to the provisions of this Schedule. (7) In the event that— (a) the undertaker considers that the NZT Undertaker has unreasonably withheld its authorisation or agreement under paragraphs 5(1), 6(1) and/or 6(2); or (b) the undertaker considers that the NZT Undertaker has given its authorisation under paragraphs 5(1), 6(1) and/or 6(2) subject to unreasonable conditions, the undertaker may refer the matter to an expert for determination under paragraph 11. (8) Any notice under sub-paragraph (1) and any request for approval or consent under the provisions of this Schedule must be sent to the NZT Undertaker by recorded delivery and addressed to Andy Lane, VP Hydrogen – UK, bp, Chertsey Road, Sunbury on Thames, Middlesex TW16 7LN, and copied to Clare Haley, Senior Counsel, bp, Chertsey Road, Sunbury on Thames, Middlesex TW16 7LN (or the equivalent named individual holding those positions at the time of the notice) and by email to andy.lane@uk.bp.com and clare.haley@uk.bp.com. (9) In the event that the NZT Undertaker does not respond in writing to a request for approval or consent or agreement within 28 days of its receipt of the postal request then the undertaker may serve upon the NZT Undertaker written notice requiring the NZT Undertaker to give their decision within a further 28 days beginning with the date upon which the NZT Undertaker received written notice from the undertaker and, subject to compliance with sub-paragraph (10), if by the expiry of the further 28 day period the NZT Undertaker has failed to notify the undertaker of its decision the NZT Undertaker is deemed to have given its consent, approval or agreement without any terms or conditions. (10) Any further notice given by the undertaker under sub-paragraph (9) must include a written statement that the provisions of sub-paragraph (9) apply to the relevant approval or consent or agreement. (4) Insofar as the NZT Specified Works are or may be undertaken concurrently with the Specified Works within the Shared Area, the undertaker must— (a) co-operate with the NZT Undertaker with a view to ensuring— (i) the co-ordination of programming of all activities and the carrying out of works within the Shared Area; and (ii) that access for the purposes of the construction and operation of the NZT Project is maintained for the NZT Undertaker and its contractors, employees, contractors and sub-contractors; and (b) use reasonable endeavours to avoid any conflict arising from the carrying out of the Respective Projects. (5) (1) The undertaker must not carry out the Specified Works without the prior written consent of the NZT Undertaker obtained pursuant to, and in accordance with, the provisions of paragraph 3. (2) Where under paragraph 3(5) the NZT Undertaker requires any protective works to be carried out either by themselves or by the undertaker (whether of a temporary or permanent nature) such protective works must be carried out to the reasonable satisfaction of the NZT Undertaker. (3) Nothing in paragraph 3 or this paragraph 5 precludes the undertaker from submitting at any time or from time to time, but in no case less than 48 days before commencing the execution of any of the Specified Works, new Plans in respect of that Specified Work in substitution of the Plans previously submitted, and the provisions of this paragraph and paragraph 3 shall apply to the new Plans. (4) Where there has been a reference to an expert in accordance with paragraph 11 and the expert gives approval for the works concerned, the Specified Works must be carried out in accordance with that approval and any conditions applied by the decision of the expert under paragraph 11. (5) The undertaker must give to the NZT Undertaker not less than 28 days’ written notice of its intention to commence the construction of any of the Specified Works and, not more than 14 days after completion of their construction, must give the NZT Undertaker written notice of the completion. (6) The undertaker is not required to comply with sub-paragraphs (1) to (5) above in a case of emergency, (being actions required directly to prevent possible death or injury) but in that case it must give to the NZT Undertaker notice as soon as is reasonably practicable and a plan, section and description of those works as soon as reasonably practicable subsequently and thereafter must comply with paragraphs 3 and 5 in so far as is reasonably practicable in the circumstances. (7) The undertaker must at all reasonable times during construction of the Specified Works allow the NZT Undertaker and its officers, employees, servants, contractors, and agents access to the Specified Works and all reasonable facilities for inspection of the Specified Works. (8) After the purpose of any temporary works has been accomplished, the undertaker must with all reasonable dispatch, or after a reasonable period of notice in writing from the NZT Undertaker requiring the undertaker to do so, remove the temporary works in, on, under, over, or within the Shared Area. (9) If the undertaker fails to remove the temporary works within a reasonable period of receipt of a notice pursuant to sub-paragraph (8), the NZT Undertaker may remove the temporary works and may recover the reasonable costs of doing so from the undertaker. (10) The undertaker must not exercise the powers conferred by the Order or undertake the Specified Works to prevent or interfere with the access by the NZT Undertaker to the NZT Specified Works unless first agreed in writing by the NZT Undertaker. (11) If in consequence of the exercise of the powers conferred by the Order or the carrying out of the Specified Works the access to any of the NZT Specified Works is materially obstructed, the undertaker must provide such alternative means of access to the NZT Specified Works as will enable the NZT Undertaker to construct, maintain or operate the NZT Project no less effectively than was possible before the obstruction. (12) To ensure its compliance with this paragraph 5, the undertaker must before carrying out any of the Specified Works request up-to-date written confirmation from the NZT Undertaker of the location of any part of its then existing or proposed NZT Specified Works. (6) (1) The undertaker must not exercise the powers granted under the Order so as to hinder or prevent the construction, operation or maintenance of the NZT Specified Works without the prior written consent of the NZT Undertaker. (2) The undertaker must not exercise the powers under any of the articles of the Order specified in sub-paragraph (3) below, over or in respect of the Shared Area otherwise than with the prior written consent of the NZT Undertaker. (3) The articles referred to in sub-paragraph (2) above are— (a) article 10 (street works); (b) article 11 (temporary stopping up of streets); (c) article 12 (access to works); (d) article 14 (discharge of water); (e) article 15 (protective works to buildings); (f) article 16 (authority to survey and investigate land); (g) article 24 (compulsory and other acquisition of rights); (h) article 25 (power to override easements and other rights); and (i) article 30 (temporary use of land). (4) In the event that the NZT Undertaker withholds its consent pursuant to sub-paragraph (2) it must notify the undertaker in writing of the reasons for withholding such consent and (if applicable) the time period during which such consent will be withheld. (5) Regardless of any provision in the Order or anything shown on the land plans or contained in the book of reference to the Order, the undertaker must not appropriate or acquire or take permanent or temporary possession of any land interest held by the NZT Undertaker in any plots shown on the land plans, or appropriate, acquire, extinguish, interfere with or override any easement, other interest or right in such land. (7) (1) The undertaker must (unless otherwise agreed, in an emergency relating to potential death or serious injury, or where it would render the Anglo American Apparatus, the Specified Works, the NZT Specified Works or NZT Apparatus unsafe, or put the undertaker in breach of its statutory duties or in breach of an obligation or requirement of the Order)— (a) carry out the Specified Works in such a way that will not prevent or interfere with the continued construction of the NZT Specified Works, or the maintenance or operation of the NZT Apparatus unless the action leading to such prevention or interference has the prior written consent of the NZT Undertaker; (b) ensure that works carried out to, or placing of Anglo American Apparatus beneath, roads along which construction or maintenance access is required by the Net Zero Undertaker in respect of any NZT Apparatus will be of adequate specification to bear the loads; (c) prior to the carrying out of any of the Specified Works in any part of any Shared Area— (i) submit a construction programme and a construction traffic and access management plan in respect of that area to the NZT Undertaker for approval (noting that a single construction traffic and access management plan may be completed for one or more parts of each Shared Area or more than one Shared Area and may be subject to review if agreed between the Parties); and (ii) where applicable, confirm to the NZT Undertaker in writing the identity of the client for the purposes of the relevant Construction Design and Management Regulations applicable from time to time; (d) at all times construct the Specified Works in compliance with the relevant approved construction traffic and access management plan; (e) update the monthly construction programme approved under sub-paragraph (c)(i) monthly and supply a copy of the updated programme to the NZT Undertaker every month; (f) notify the NZT Undertaker of any incidences which occur as a result of, or in connection with, the Specified Works which are required to be reported under the relevant Reporting of Injuries Diseases and Dangerous Occurrences Regulations applicable from time to time within 24 hours of the duty to report arising; (g) provide comprehensive, as built, drawings of the Specified Works (including, for the avoidance of doubt, buried pipelines) within three months of the completion of each of the Specified Works; (h) other than in respect of land in which the undertaker has a freehold interest, following the completion of each of the Specified Works, unless otherwise agreed in writing by the NZT Undertaker, fully reinstate the affected area (with the exception only of the retention of permanent aspects of the Specified Works) and remove all waste/surplus materials; (i) in respect of land in which Anglo American has a freehold interest, following the completion of each of the Specified Works, the area affected must not be left in such a state as to adversely affect the construction, maintenance and operation of the NZT Specified Works; and (j) obtain the prior written consent of the NZT Undertaker for the use of any re-cycled aggregate material within the Shared Area. (2) Any spoil from the NZT Specified Works or the Specified Works (including contaminated material) must be dealt with in accordance with a spoil management plan to be agreed between the Parties in advance of the work by either Party generating such spoil beginning. (3) In considering a request for any consent under the provisions of this Part of this Schedule, the NZT Undertaker must not— (a) request an additional construction traffic and access management plan or a spoil management plan if such a plan has already been approved pursuant to sub-paragraph (1)(c) (as relevant in respect of a traffic and access management plan) or agreed pursuant to sub-paragraph (2) (in respect of a spoil management plan); and (b) refuse consent for reasons which conflict with the contents of documents approved by the NZT Undertaker pursuant to the provisions of this paragraph and paragraph 8. (8) (1) Prior to the seeking of any consent under this Schedule, the undertaker must, unless the NZT Undertaker has brought forward works in that part of the Shared Area before the undertaker, participate in a design and constructability review for that part of the Shared Area which shall, at a minimum (unless otherwise agreed), include the following matters— (a) a Front End Engineering Design (FEED) level indicative construction work-pack; (b) a hazard and operability study; and (c) a construction hazard study. (2) Unless otherwise agreed, the undertaker must submit the outcome of the design and constructability review referred to in sub-paragraph (1) to the NZT Undertaker for approval prior to the seeking of any consent under this Schedule. (3) The undertaker must at all times design and construct the Specified Works in compliance with the relevant approved design and constructability review pursuant to sub-paragraph (2). (4) The undertaker may undertake a single design and constructability review process for one or more parts of the Shared Area and any approved design and constructability review may be amended if agreed by the NZT Undertaker. (5) In considering any request for consent or approval under this Schedule, the NZT Undertaker must not refuse consent for details that are consistent with those approved under sub-paragraph (2) unless the NZT Undertaker reasonably believes that the relevant agreed design and constructability review is materially out of date or is inapplicable due to a change in either the NZT Project or the Woodsmith Project. (9) (1) The NZT Undertaker and the undertaker must each act in good faith and use reasonable endeavours to co-operate with, and provide assistance to, each other as may be required to give effect to the provisions of this Schedule. (2) The undertaker must pay to the NZT Undertaker the reasonable expenses incurred by the NZT Undertaker in connection with the consenting processes under this Schedule, including the approval of plans, inspection of any Specified Works or the alteration or protection of the NZT Specified Works. (10) (1) Subject to sub-paragraphs (2) and (3), if by reason, or in consequence, of the construction, maintenance or operation of any Specified Works, or failure thereof, any damage is caused to any NZT Apparatus used in connection with the NZT Specified Works or damage is caused to any part of the NZT Specified Works or there is any interruption in any service provided, or the operations of the NZT Undertaker, or in the supply of any goods, by the NZT Undertaker, or the NZT Undertaker becomes liable to pay any amount to any third party as a consequence of the Specified Works, the undertaker must— (a) bear and pay the costs reasonably incurred by Anglo American in making good such damage or restoring the service, operations or supply; and (b) compensate the NZT Undertaker for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from the NZT Undertaker, by reason or in consequence of any such damage or interruption or the NZT Undertaker becoming liable to any third party as aforesaid. (2) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to— (a) any damage or interruption to the extent that it is attributable to the act, neglect or default of the NZT Undertaker, its officers, employees, servants, contractors or agents; or (b) any indirect or consequential loss or loss of profits by the NZT Undertaker. (3) The NZT Undertaker must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise shall be made, unless payment is required in connection with a statutory compensation scheme, without first consulting the undertaker and considering its representations. (4) The NZT Undertaker must use its reasonable endeavours to mitigate any claim or losses in whole or in part and to minimise any costs, expenses, loss, demands, and penalties to which the indemnity under this paragraph applies. If requested to do so by the undertaker, the NZT Undertaker must provide an explanation of how the claim has been minimised or details to substantiate any cost or compensation claimed pursuant to sub-paragraph (1). (5) The undertaker shall not be liable under this paragraph in respect of any claim capable of being mitigated or minimised to the extent that the NZT Undertaker has not used its reasonable endeavours to mitigate and/or minimise that claim accordance with sub-paragraph (4). (6) The fact that any work or thing has been executed or done with the consent of the NZT Undertaker and in accordance with any conditions or restrictions prescribed by the NZT Undertaker or in accordance with any plans approved by the NZT Undertaker or to its satisfaction or in accordance with any directions or award of any expert appointed pursuant to paragraph 11 does not relieve the undertaker from any liability under this paragraph. (7) The total liability of Anglo American whether for breach of, or under any indemnity contained in, this Deed and whether under contract, tort, equity or otherwise shall be limited to the sum of ten million pounds (£10m). (11) (1) Article 40 of this Order does not apply to provisions of this Schedule. (2) Any difference in relation to the provisions in this Part of this Schedule must be referred to— (a) a meeting of the Managing Director of Net Zero Teesside Power Limited and/or the Managing Director of Net Zero North Sea Storage Limited, whichever is the relevant party and the Chief Executive Officer of Anglo American Crop Nutrients Limited to seek agreement on the matter in dispute within 21 days from the date of a dispute first being notified in writing by one Party to the other; and (b) in the absence of the difference being settled within that period, to be settled by a single independent and suitable person who holds appropriate professional qualifications and is a member of a professional body relevant to the matter in dispute acting as an expert, such person to be agreed by the NZT Undertaker and the undertaker or, in the absence of agreement identified by the President of the Institute of Civil Engineers, who must be sought to be appointed within 28 days of the notification of the dispute. (3) The fees of the expert are payable by the Parties in such proportions as the expert may determine or, in the absence of such determination, equally as between the Parties. (4) The expert must— (a) invite the Parties to make submissions to the expert in writing and copied to the other party to be received by the expert within 21 days of the expert’s appointment; (b) allow each Party an opportunity to comment on the submissions made by the other provided they are received within 21 days of the receipt of the submissions referred to in sub-paragraph (a) above; (c) issue a decision within 42 days of receipt of the submissions submitted pursuant to sub-paragraph (a) above; and (d) give reasons for the decision. (5) The expert must consider where relevant— (a) the development outcomes sought by the NZT Undertaker and the undertaker; (b) the ability of the NZT Undertaker and the undertaker to achieve the outcomes referred to in sub-paragraph (a) above in a timely and cost-effective manner; (c) any increased costs on any Party as a result of the matter in dispute; (d) whether under the NZT Order or the Order, the NZT Undertaker’s or the undertaker’s outcomes could be achieved in any alternative manner without the NZT Specified Works being materially compromised in terms of increased cost or increased length of programme; and (e) any other important and relevant considerations. (6) Any determination by the expert is final and binding which the Parties must comply with and is enforceable by the Parties by injunction except in the case of manifest error in which case the difference that has been subject to expert determination may be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either Party (after giving notice in writing to the other) by the President of the Institution of Civil Engineers.

SCHEDULE 4 — STREETS SUBJECT TO STREET WORKS

(1) Area	(2) Street subject to street works	(3) Description of the street works
In the District of Stockton-on-Tees	A1185	Works for the improvement of the access at the point marked P on sheet 7 of the access and rights of way plans
In the District of Stockton-on-Tees	A178	Works for the improvement of the access at the point marked R on sheet 6 of the access and rights of way plans
In the District of Stockton-on-Tees	A178	Works for the improvement of the access at the point marked S on sheet 6 of the access and rights of way plans
In the District of Stockton-on-Tees	A178	Works for the improvement of the access at the point marked U on sheet 6 of the access and rights of way plans
In the District of Stockton-on-Tees	A178	Works for the improvement of the access at the point marked V on sheet 6 of the access and rights of way plans
In the District of Stockton-on-Tees	Seal Sands Road	Works for the improvement of the access at the point marked Y on sheet 6 of the access and rights of way plans
In the District of Stockton-on-Tees	Cowpen Bewley Road	Works for the improvement of the access at the point marked L on sheet 7 of the access and rights of way plans
In the District of Stockton-on-Tees	Cowpen Bewley Road	Works for the improvement of the access at the point marked M on sheet 7 of the access and rights of way plans
In the District of Stockton-on-Tees	Cowpen Bewley Road	Works for the improvement of the access at the point marked N on sheet 7 of the access and rights of way plans
In the District of Stockton-on-Tees	Nelson Avenue	Works for the improvement of the access at the point marked H on sheet 7 of the access and rights of way plans
In the District of Stockton-on-Tees	Nelson Avenue	Works for the improvement of the access at the point marked I on sheet 7 of the access and rights of way plans
In the District of Stockton-on-Tees	B1275	Works for the improvement of the access at the point marked E on sheet 7 of the access and rights of way plans

SCHEDULE 5 — ACCESS

PART 1 — THOSE PARTS OF THE ACCESSES TO BE MAINTAINED BY THE HIGHWAY AUTHORITY

(1) Area	(2) Street	(3) Description of relevant part of access
In the District of Stockton-on-Tees	A178 / unnamed private track	That part of the access cross-hatched in blue at the point marked R on sheet 6 of the access and rights of way plans
In the District of Stockton-on-Tees	A178 / unnamed private track	That part of the access cross-hatched in blue at the point marked U on sheet 6 of the access and rights of way plans
In the District of Stockton-on-Tees	A178 / unnamed private track	That part of the access cross-hatched in blue at the point marked V on sheet 6 of the access and rights of way plans
In the District of Stockton-on-Tees	A178 / unnamed private track	That part of the access cross-hatched in blue at the point marked S on sheet 6 of the access and rights of way plans
In the District of Stockton-on-Tees	Seal Sands Road / unnamed private track	That part of the access in the area cross hatched in blue at the point marked Y on sheet 6 of the access and rights of way plans
In the District of Stockton-on-Tees	Cowpen Bewley Road / unnamed private track	That part of the access cross-hatched in blue at the point marked L on sheet 7 of the access and rights of way plans
In the District of Stockton-on-Tees	Cowpen Bewley Road / unnamed private track	That part of the access cross-hatched in blue at the point marked M on sheet 7 of the access and rights of way plans
In the District of Stockton-on-Tees	Cowpen Bewley Road / unnamed private track	That part of the access cross-hatched in blue at the point marked N on sheet 7 of the access and rights of way plans
In the District of Stockton-on-Tees	Nelson Avenue / unnamed private track	That part of the access in the area cross hatched in blue at the point marked H on sheet 7 of the access and rights of way plans
In the District of Stockton-on-Tees	Nelson Avenue / unnamed private track	That part of the access in the area cross hatched in blue at the point marked I on sheet 7 of the access and rights of way plans
In the District of Stockton-on-Tees	B1275 / unnamed private track	That part of the access cross-hatched in blue at the point marked E on sheet 7 of the access and rights of way plans

PART 2 — THOSE PARTS OF THE ACCESSES TO BE MAINTAINED BY THE STREET AUTHORITY

(1) Area	(2) Street	(3) Description of relevant part of access
In the District of Stockton-on-Tees	A178 / unnamed private track	That part of the access in the area cross hatched in red at the point marked R on sheet 6 of the access and rights of way plans
In the District of Stockton-on-Tees	A178 / unnamed private track	That part of the access in the area cross hatched in red at the point marked U on sheet 6 of the access and rights of way plans
In the District of Stockton-on-Tees	A178 / unnamed private track	That part of the access in the area cross hatched in red at the point marked V on sheet 6 of the access and rights of way plans
In the District of Stockton-on-Tees	A178 / unnamed private track	That part of the access in the area cross hatched in red at the point marked S on sheet 6 of the access and rights of way plans
In the District of Stockton-on-Tees	A1185 / unnamed private track	That part of the access in the area cross hatched in red at the point marked P on sheet 7 of the access and rights of way plans
In the District of Stockton-on-Tees	Seal Sands Road / unnamed private track	That part of the access in the area cross hatched in red at the point marked Y on sheet 7 of the access and rights of way plans
In the District of Stockton-on-Tees	Cowpen Bewley Road / unnamed private track	That part of the access in the area cross hatched in red at the point marked L on sheet 7 of the access and rights of way plans
In the District of Stockton-on-Tees	Cowpen Bewley Road / unnamed private track	That part of the access in the area cross hatched in red at the point marked M on sheet 7 of the access and rights of way plans
In the District of Stockton-on-Tees	Cowpen Bewley Road / unnamed private track	That part of the access in the area cross hatched in red at the point marked N on sheet 7 of the access and rights of way plans
In the District of Stockton-on-Tees	Nelson Avenue / unnamed private track	That part of the access in the area cross hatched in red at the point marked H on sheet 7 of the access and rights of way plans
In the District of Stockton-on-Tees	Nelson Avenue / unnamed private track	That part of the access in the area cross hatched in red at the point marked I on sheet 7 of the access and rights of way plans
In the District of Stockton-on-Tees	B1275 / unnamed private track	That part of the access in the area cross hatched in red at the point marked E on sheet 7 of the access and rights of way plans

SCHEDULE 6 — TEMPORARY STOPPING UP OF STREETS, PUBLIC RIGHTS OF WAY AND ACCESS LAND

PART 1 — THOSE PARTS OF THE STREET TO BE TEMPORARILY STOPPED UP

(1) Area	(2) Streets subject to temporary stopping up of use	(3) Extent of temporary stopping up of use of street
In the District of Stockton-on-Tees	A178	Temporarily stop up, prohibit the use of, restrict the use of, alter or divert of the part of the street between the points marked Q and T on sheet 6 of the access and rights of way plans
In the District of Stockton-on-Tees	Cowpen Bewley Road	Temporarily stop up, prohibit the use of, restrict the use of, alter or divert of the part of the street between the points marked K and O on sheet 7 of the access and rights of way plans
In the District of Stockton-on-Tees	B1275	Temporarily stop up, prohibit the use of, restrict the use of, alter or divert of the part of the street between the points marked D and F on sheet 7 of the access and rights of way plans
In the District of Stockton-on-Tees	Nelson Avenue	Temporarily stop up, prohibit the use of, restrict the use of, alter or divert of the part of the street between the points marked J and G on sheet 7 of the access and rights of way plans

PART 2 — THOSE PUBLIC RIGHTS OF WAY TO BE TEMPORARILY STOPPED UP

(1) Area	(2) Public right of way subject to temporary prohibition or restriction of use	(3) Extent of temporary prohibition or restriction of use of public right of way
In the District of Redcar and Cleveland	Public footpath - Teesdale Way LDR	Temporarily stop up, prohibit the use of, restrict the use of, alter or divert the footpath between the points marked DH and CZ on Sheet 3 of the access and rights of way plans
In the District of Redcar and Cleveland	Public footpath - England Coast Path / Teesdale Way LDR	Temporarily stop up, prohibit the use of, restrict the use of, alter or divert the footpath between the points marked BH and BG on Sheet 4 of the access and rights of way plans
In the District of Redcar and Cleveland	Public footpath - England Coast Path / Teesdale Way LDR	Temporarily stop up, prohibit the use of, restrict the use of, alter or divert the footpath between the points marked CK and CM on Sheet 3 of the access and rights of way plans
In the District of Redcar and Cleveland	Public bridleway - England Coast Path / Teesdale Way LDR	Temporarily stop up, prohibit the use of, restrict the use of, alter or divert the bridleway between the points marked BX and BY on Sheet 4 of the access and rights of way plans
In the District of Stockton-on-Tees	Public footpath - England Coast Path	Temporarily stop up, prohibit the use of, restrict the use of, alter or divert the footpath between the points marked V and W1 on Sheet 6 of the access and rights of way plans
In the District of Stockton-on-Tees	Public footpath - England Coast Path	Temporarily stop up, prohibit the use of, restrict the use of, alter or divert the footpath between the points marked W and X on sheet 6 of the access and rights of way plans

PART 3 — THOSE PARTS OF THE ACCESS LAND WHERE PUBLIC ACCESS MAY BE TEMPORARILY SUSPENDED

(1) Area	(2) Access land subject to temporary prohibition or restriction of use	(3) Extent of temporary prohibition or restriction of use of access land
In the District of Redcar and Cleveland	Access land at South Gare Road and Coatham beach and sand dunes	Temporarily suspend access to the area shaded beige on sheets 1, 2 and 3 of the access and rights of way plans

SCHEDULE 7 — LAND IN WHICH NEW RIGHTS ETC. MAY BE ACQUIRED

Interpretation

1

In this Schedule—

• “Work No. 2A infrastructure” means any works or development comprised within Work No.2A, ancillary apparatus and any other necessary works or development permitted within the area delineated as Work No. 2A on the works plans including the alteration, diversion or construction of statutory undertakers’ apparatus;

• “Work No. 2B infrastructure” means any works or development comprised within Work No.2B, ancillary apparatus and any other necessary works or development permitted within the area delineated as Work No. 2B on the works plans including the alteration, diversion or construction of statutory undertakers’ apparatus;

• “Work No. 3 infrastructure” means any works or development comprised within Work No. 3A or Work No. 3B, ancillary apparatus and any other necessary works or development permitted within the area delineated as Work No. 3A or Work No. 3B on the works plans including the alteration, diversion or construction of statutory undertakers’ apparatus;

• “Work No. 4A infrastructure” means any works or development comprised within Work No. 4A, ancillary apparatus and any other necessary works or development permitted within the area delineated as Work No. 4A on the works plans including the alteration, diversion or construction of statutory undertakers’ apparatus;

• “Work No. 5B infrastructure” means any works or development comprised within Work No. 5B, ancillary apparatus and any other necessary works or development permitted within the area delineated as Work No. 5B on the works plans including the alteration, diversion or construction of statutory undertakers’ apparatus;

• “Work No. 5C infrastructure” means any works or development comprised within Work No. 5C, ancillary apparatus and any other necessary works or development permitted within the area delineated as Work No. 5C on the works plans including the alteration, diversion or construction of statutory undertakers’ apparatus;

• “Work No. 6 infrastructure” means any works or development comprised within Work No. 6, ancillary apparatus and any other necessary works or development permitted within the area delineated as Work No. 6 on the works plans including the alteration, diversion or construction of statutory undertakers’ apparatus;

• “Work No. 8 infrastructure” means any works or development comprised within Work No. 8, ancillary apparatus and any other necessary works or development permitted within the area delineated as Work No. 8 on the works plans including the alteration, diversion or construction of statutory undertakers’ apparatus; and