The Sheringham Shoal and Dudgeon Extensions Offshore Wind Farm Order 2024

• (11) The undertaker will not be required to comply with sub-paragraph ‎(1) where it needs to carry out emergency works as defined in the 1991 Act but in that case it will give to the protected person in question notice as soon as is reasonably practicable and a plan of those works and will comply with sub-paragraphs ‎(5), ‎(6) and ‎(7) insofar as is reasonably practicable in the circumstances.

Expenses

10

• (1) Subject to the following provisions of this paragraph, the undertaker will repay to a protected person on demand all charges, costs and expenses reasonably incurred by that protected person in, or in connection with, the inspection, removal, relaying or replacing, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any such works as are referred to in this Part of this Schedule including without limitation—

• (a) any costs reasonably incurred or compensation properly paid in connection with the acquisition of rights or the exercise of statutory powers for such apparatus including without limitation in the event that the protected person elects to use compulsory purchase powers to acquire any necessary rights under sub-paragraph 7(3) all costs incurred as a result of such action;

• (b) in connection with the cost of the carrying out of any diversion work or the provision of any alternative apparatus;

• (c) the cutting off of any apparatus from any other apparatus or the making safe of redundant apparatus;

• (d) the approval of plans;

• (e) the carrying out of protective works, plus a capitalised sum to cover the cost of maintaining and renewing permanent protective works;

• (f) the survey of any land, apparatus or works, the inspection and monitoring of works or the installation or removal of any temporary works reasonably necessary in consequence of the execution of any such works referred to in this Schedule.

• (2) There will be deducted from any sum payable under sub-paragraph ‎(1) the value of any apparatus removed under the provisions of this Schedule and which is not re-used as part of the alternative apparatus, that value being calculated after removal.

• (3) If in accordance with the provisions of this part of this Schedule—

• (a) apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or

• (b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or in default of agreement settled by arbitration in accordance with article 42 (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 protected person in question by virtue of sub- paragraph (1) will be reduced by the amount of that excess save where it is not possible in the circumstances to obtain the existing type of operations, capacity, dimensions or place at the existing depth in which case full costs will be borne by the undertaker.

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

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

• (b) where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole will 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 protected person in respect of works by virtue of sub-paragraph ‎(1) will, 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 protected person any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

11

• (1) Subject to sub-paragraphs ‎(2) and ‎(3) of this paragraph 11, if by reason or in consequence of the execution of any works in, on, under or over any land purchased, held, appropriated or used under this Order, 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 protected person, or there is any interruption in any service provided, or in the supply of any goods, by any protected person, the undertaker must bear and pay the cost reasonably incurred by that protected person in making good such damage or restoring the supply, and must—

• (a) make reasonable compensation to that protected person for any other expenses, loss, damages, penalty or costs incurred by the protected person; and

• (b) indemnify the protected person against all claims, demands, proceedings, costs, damages and expenses which may be made or taken against or recovered from, or incurred by, the protected person,

by reason or in consequence of any such damage or interruption; and the fact that any act or thing may have been done by the protected person on behalf the undertaker or in accordance with plans approved by the protected person or in accordance with any requirement of the protected person or under its supervision does not, subject to sub-paragraph ‎(2), excuse the undertaker from any liability under the provisions of this paragraph.

• (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 protected person, its officers, servants, contractors or agents.

• (3) A protected person 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.

Enactments and agreements

12

Nothing in this part of this Schedule will affect the provisions of any enactment or agreement regulating the relations between the undertaker and a protected person in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.

Co-operation

13

Where in consequence of the proposed construction of any of the authorised development, the undertaker or a protected person requires the removal of apparatus under sub-paragraph 7(2) or a protected person makes requirements for the protection or alteration of apparatus under sub- paragraph (9), the undertaker will use its best endeavours to co-ordinate the execution of the works in the interests of safety and the need to ensure the safe and efficient operation of the protected person’s undertaking taking into account the undertaker’s desire for the efficient and economic execution of the authorised development and the undertaker and each relevant protected person will co-operate with each other for those purposes.

Access

14

If in consequence of an agreement reached in accordance with sub-paragraph 6(1) or the powers granted under this Order the access to any apparatus is materially obstructed, the undertaker will provide such alternative means of access to such apparatus as will enable the protected person to maintain or use the apparatus no less effectively than was possible before such obstruction.

Arbitration

15

Save for differences or disputes arising under sub-paragraphs 7(2), 7(4), 8(1) and 9 any difference or dispute arising between the undertaker and a protected person under this Part of this Schedule will, unless otherwise agreed in writing between the undertaker and that protected person, be determined by arbitration in accordance with article 42 (arbitration).

PART 13 — For the protection of National Highways Limited

Application etc.

1

• (1) The provisions of this Part of this Schedule apply for the protection of National Highways and have effect unless otherwise agreed in writing between the undertaker and National Highways.

• (2) Except where expressly amended by the Order the operation of the powers and duties of National Highways or the Secretary of State under the 1980 Act, the 1984 Act, the 1991 Act, the Transport Act 2000, or Town and Country Planning (General Permitted Development) (England) Order 2015 which shall continue to apply in respect of the exercise of all National Highways’ statutory functions.

Interpretation

2

• (1) Where the terms defined in article 2 (interpretation) of this Order are inconsistent with sub-paragraph (2) the latter prevail.

• (2) In this Part of this Schedule—

• “as built information” means one electronic copy of the following information—as constructed drawings in both PDF and AutoCAD DWG formats for anything designed by the undertaker; in compliance with Interim Advice Note 184 or any successor document;list of suppliers and materials used, as well as any relevant test results and ... CCTV surveys (if required to comply with DMRB standards);product data sheets and technical specifications for all materials used;as constructed information for any utilities discovered or moved during the works;method statements for the works carried out;in relation to road lighting, signs and traffic signals, any information required by Series 1300 and 1400 of the Specification for Highway Works or any replacement or modification of it;organisation and methods manuals for all products used;as constructed programme;test results and records as required by the detailed design information and during construction phase of the project;a stage 3 road safety audit subject to any exceptions to the road safety audit standard as agreed by the undertaker and National Highways;the health and safety file; andsuch other information as is required by National Highways to be used to update all relevant databases and to ensure compliance with National Highway’s Asset Data Management Manual as is in operation at the relevant time.

• “the bond sum” means the sum equal to 200% of the cost of the carrying out the specified works (to include all costs plus any commuted sum) or such other sum agreed between the undertaker and National Highways;

• “the cash surety” means the sum agreed between the undertaker and National Highways;

• “commuted sum” means such sum calculated as provided for in paragraph 9 of this Part of this Schedule to be used to fund the future cost of maintaining the specified works;

• “condition survey” means a survey of the condition of National Highways structures and assets within the Order limits that may be affected by the specified works;

• “contractor” means any contractor or subcontractor appointed by the undertaker to carry out the specified works;

• “defects period” means the period from the date of the provisional certificate to the date of the final certificate which shall be no less than 12 months from the date of the provisional certificate;

• “detailed design information” means such of the following drawings specifications and calculations as are relevant to the specified works—site clearance details;boundary, environmental and mitigation fencing;road restraints systems and supporting road restraint risk appraisal process assessment;drainage and ducting as required by DMRB CD 535 Drainage asset data and risk management and DMRB CS551 Drainage surveys – standards for Highways;earthworks including supporting geotechnical assessments required by DMRB CD622 Managing geotechnical risk and any required strengthened earthworks appraisal form certification;pavement, pavement foundations, kerbs, footways and paved areas;traffic signs and road markings;traffic signal equipment and associated signal phasing and timing detail;road lighting (including columns and brackets);regime of California Bearing Ratio testing;electrical work for road lighting, traffic signs and signals;motorway communications as required by DMRB;highway structures and any required structural approval in principle;landscaping;proposed departures from DMRB standards;walking, cycling and horse-riding assessment and review report;stage 1 and stage 2 road safety audits and exceptions agreed;utilities diversions;topographical survey;maintenance and repair strategy in accordance with DMRB GD304 Designing health and safety into maintenance or any replacement or modification of it;health and safety information including any asbestos survey required by GG105 or any successor document; andother such information that may be required by National Highways to be used to inform the detailed design of the specified works;

• “DBFO contract” means the contract between National Highways and the highway operations and maintenance contractor for the maintenance and operation of parts of the strategic road network which are within the Order Limits or any successor or replacement contract that may be current at the relevant time;

• “DMRB” means the Design Manual for Roads and Bridges or any replacement or modification of it;

• “final certificate” means the certificate relating to those aspects of the specified works that have resulted in any alteration to the strategic road network to be issued by National Highways pursuant to paragraph 9;

• “the health and safety file” means the file or other permanent record containing the relevant health and safety information for the authorised development required by the Construction Design and Management Regulations 2015 (or such updated or revised regulations as may come into force from time to time);

• “highway operations and maintenance contractor” means the contractor appointed by National Highways under the DBFO contract;

• “nominated persons” means the undertaker’s representatives or the contractor’s representatives on site during the carrying out of the specified works as notified to National Highways from time to time;

• “programme of works” means a document setting out the sequence and timetabling of the specified works;

• “provisional certificate” means the certificate of provisional completion relating to those aspects of the specified works that have resulted in any alteration to the strategic road network to be issued by National Highways in accordance with paragraph 7 when it considers the specified works are substantially complete and may be opened for traffic;

• “road safety audit” means an audit carried out in accordance with the road safety audit standard;

• “road safety audit standard” means DMRB Standard HD GG119 or any replacement or modification of it;

• “road space booking” means road space bookings in accordance with National Highways’ Asset Management Operational Requirements (AMOR) including Network Occupancy Management System (NOMS) used to manage road space bookings and network occupancy;

• “Specification for Highways Works” means the specification for highways works forming part of the manual of contract documents for highway works published by National Highways and setting out the requirements and approvals procedures for work, goods or materials used in the construction, improvement or maintenance of the strategic road network;

• “specified works” means so much of any work, including highway works and signalisation, authorised by this Order including any maintenance of that work, as is undertaken on, in, under or over the strategic road network for which National Highways is the highway authority;

• “strategic road network” means any part of the road network including trunk roads, special roads or streets for which National Highways is the highway authority including drainage infrastructure, street furniture, verges and vegetation and all other land, apparatus and rights located in, on, over or under the highway for which National Highways is the highway authority;

• “utilities” means any pipes wires cables or equipment belonging to any person or body having power or consent to undertake street works under the New Roads and Street Works Act 1991; and

• “winter maintenance” means maintenance of the road surface to deal with snow and ice.

• (3) —References to any standards, manuals, contracts, regulations and directives including to specific standards forming part of the DMRB are, for the purposes of this Part of this Schedule, to be construed as a reference to the same as amended, substituted or replaced, and with such modifications as are required in those circumstances.

General

3

In respect of any part of the strategic road network that is managed under a DBFO contract both National Highways and the highway operations and maintenance contractor shall have the benefit of this Part of Schedule 14 but for the purposes of any approvals required under this Part of Schedule 14 the undertaker shall liaise directly with National Highways.

4

Notwithstanding any limits of deviation permitted pursuant to the Order, no works in carrying out, maintaining or diverting the authorised development may be carried out under the strategic road network at a distance within 4 metres of the lowest point of the ground.

5

References to any standards, manuals, contracts, regulations and directives including to specific standards forming part of the DMRB are, for the purposes of this Part of this Schedule, to be construed as a reference to the same as amended, substituted or replaced, and with such modifications as are required in those circumstances.

Works outside the Order limits

6

If the undertaker proposes to carry out works to the strategic road network that are outside of the Order limits in connection with the authorised development, the undertaker must enter into an agreement with National Highways in respect of the carrying out of those works prior to the commencement of those works.

Prior approvals and security

7

• (1) The specified works must not commence until—

• (a) a stage 1 and stage 2 road safety audit has been carried out and all recommendations raised by them or any exceptions are approved by National Highways;

• (b) the programme of works has been approved by National Highways;

• (c) the detailed design of the specified works comprising of the following details, insofar as considered relevant by National Highways, has been submitted to and approved by National Highways—

• (i) the detailed design information, incorporating all recommendations and any exceptions approved by National Highways under sub-paragraph ‎(a);

• (ii) details of the proposed road space bookings;

• (iii) the identity and qualification of the contractor and nominated persons;

• (iv) a process for stakeholder liaison, with key stakeholders to be identified and agreed between National Highways and the undertaker; and

• (v) information demonstrating that the walking, cycling and horse-riding assessment and review process undertaken by the undertaker in relation to the specified works has been adhered to in accordance with DMRB GG142 – Designing for walking, cycling and horse riding;

• (d) a scheme of traffic management has been submitted by the undertaker and approved by National Highways such scheme to be capable of amendment by agreement between the undertaker and National Highways from time to time;

• (e) stakeholder liaison has taken place in accordance with the process for such liaison agreed between the undertaker and National Highways under sub-paragraph ‎(c)(iv) above;

• (f) National Highways has approved the audit brief and CVs for all road safety audits and exceptions to items raised in accordance with the road safety audit standard;

• (g) the undertaker has agreed the estimate of the commuted sum with National Highways;

• (h) the scope of all maintenance operations (routine inspections, incident management, reactive and third party damage) to be carried out by the undertaker during the construction of the specified works (which must include winter maintenance) has been agreed in writing by National Highways:

• (i) the undertaker has procured to National Highways collateral warranties in a form approved by National Highways from the contractor and designer of the specified works in favour of National Highways to include covenants requiring the contractor and designer to exercise all reasonable skill, care and diligence in designing and constructing the specified works, including in the selection of materials, goods, equipment and plant; and

• (j) a condition survey and regime of monitoring of any National Highways assets or structures that National Highways considers will be affected by the specified works, has been agreed in writing by National Highways.

• (2) The undertaker must not exercise—

• (a) article 4 (maintenance of authorised development);

• (b) article 8 (street works);

• (c) article 10 (temporary closure of streets);

• (d) article 11 (temporary closure of public rights of way);

• (e) article 14 (discharge of water);

• (f) article 15 (protective works to buildings);

• (g) article 16 (authority to survey and investigate land);

• (h) article 17 (compulsory acquisition of land);

• (i) article 19 (compulsory acquisition of rights);

• (j) article 24 (rights under or over streets);

• (k) article 25 (temporary use of land for carrying out the authorised project);

• (l) article 26 (temporary use of land for maintaining the authorised project); or

• (m) article 33 (felling or lopping trees or removal of hedgerows) of this Order,

over any part of the strategic road network without the consent of National Highways, and National Highways may in connection with any such exercise require the undertaker to provide details of any proposed road space bookings and submit a scheme of traffic management as required for National Highways’ approval.

• (3) National Highways must prior to the commencement of the specified works or the exercise of any power referenced in sub-paragraph ‎(2) inform the undertaker of the identity of the person who will act as a point of contact on behalf of National Highways for consideration of the information required under sub-paragraphs ‎(1) or ‎(2).

• (4) Any approval of National Highways required under this paragraph 4—

• (a) must not be unreasonably withheld;

• (b) must be given in writing;

• (c) shall be deemed to have been refused if neither given nor refused within 2 months of the receipt of the information for approval or, where further particulars are requested by National Highways within 2 months of receipt of the information to which the request for further particulars relates; and

• (d) may be subject to any conditions as National Highways considers necessary.

• (5) Any change to the identity of the contractor and/or designer of the specified works will be notified to National Highways immediately and details of their suitability to deliver the specified works will be provided on request along with collateral warranties in a form agreed by National Highways.

• (6) Any change to the detailed design of the specified works must be approved by National Highways in accordance with sub-paragraph 7(1) of this Part.

Construction of the specified works

8

• (1) The undertaker must give National Highways 28 days’ notice in writing of the date on which the specified works will start unless otherwise agreed by National Highways.

• (2) The undertaker must comply with National Highways’ road space booking procedures prior to and during the carrying out the specified works and no specified works for which a road space booking is required shall commence without a road space booking having first been secured from National Highways.

• (3) The specified works must be carried out by the undertaker to the satisfaction of National Highways in accordance with—

• (a) the relevant detailed design information and programme of works approved pursuant to sub-paragraph 7(1) above or as subsequently varied by agreement between the undertaker and National Highways;

• (b) the DMRB, the Manual of Contract Documents for Highway Works, including the Specification for Highway Works, together with all other relevant standards as required by National Highways to include, inter alia; all relevant interim advice notes, the Traffic Signs Manual and the Traffic Signs Regulations and General Directions 2016 save to the extent that exceptions from those standards apply which have been approved by National Highways; and

• (c) all aspects of the Construction (Design and Management) Regulations 2015 or any statutory amendment or variation of the same and in particular the undertaker, as client, must ensure that all client duties (as defined in the said regulations) are undertaken to the satisfaction of National Highways.

• (4) The undertaker must permit and must require the contractor to permit at all reasonable times persons authorised by National Highways (whose identity must have been previously notified to the undertaker by National Highways) to gain access to the specified works for the purposes of inspection and supervision of the specified works.

• (5) If any part of the specified works is constructed—

• (a) other than in accordance with the requirements of this Part of this Schedule; or

• (b) in a way that causes damage to the highway, highway structure or asset or any other land of National Highways,

National Highways may by notice in writing require the undertaker, at the undertaker’s own expense, to comply promptly with the requirements of this Part of this Schedule or remedy any damage notified to the undertaker under this Part of this Schedule, to the satisfaction of National Highways.

• (6) If during the carrying out of the authorised development the undertaker or its appointed contractors or agents causes damage to the strategic road network, then National Highways may by notice in writing require the undertaker, at its own expense, to remedy the damage.

• (7) If within 28 days on which a notice under sub-paragraph ‎(6) or sub-paragraph ‎(7) is served on the undertaker (or in the event of there being, in the opinion of National Highways, a danger to road users, within such lesser period as National Highways may stipulate), the undertaker has failed to take the steps required by that notice, National Highways may carry out the steps required of the undertaker and may recover any expenditure incurred by National Highways in so doing, such sum to be payable within 30 days of demand.

• (8) Nothing in this Part of this Schedule prevents National Highways from carrying out any work or taking any such action as it reasonably believes to be necessary as a result of or in connection with the carrying out or maintenance of the authorised development without prior notice to the undertaker in the event of an emergency or to prevent the occurrence of danger to the public and National Highways may recover any expenditure it reasonably incurs in so doing.

• (9) In constructing the specified works, the undertaker must at its own expense divert or protect all utilities and all agreed alterations and reinstatement of highway over existing utilities must be constructed to the satisfaction of National Highways.

• (10) During the construction of the specified works the undertaker must carry out all maintenance (including winter maintenance) in accordance with the scope of maintenance operations agreed by National Highways pursuant to paragraph 7(1)(h) and the undertaker must carry out such maintenance at its own cost.

• (11) The undertaker must notify National Highways if it fails to complete the specified works in accordance with the agreed programme pursuant to paragraph 7(1)(b) of this Part or suspends the carrying out of any specified work beyond a reasonable period of time and National Highways reserves the right to withdraw any road space booking granted to the undertaker to ensure compliance with its network occupancy requirements.

Payments

9

• (1) The undertaker must pay to National Highways a sum equal to the whole of any costs and expenses which National Highways reasonably incurs (including costs and expenses for using internal or external staff and costs relating to any work which becomes abortive) in relation to the specified works, and in relation to any approvals sought under this Order, or otherwise incurred under this Part including—

• (a) the checking and approval of the information required under paragraph 7(1);

• (b) the supervision of the specified works;

• (c) the checking and approval of the information required to determine approvals under this Order;

• (d) all costs in relation to the transfer of any land required for the specified works;

• (e) all legal and administrative costs and disbursements incurred by National Highways in connection with the specified works and sub-paragraphs ‎(a) to (d); and

• (f) any value added tax which is payable by National Highways only in respect of such costs and expenses arising under this paragraph and for which it cannot obtain reinstatement from HM Revenue and Customs;

together comprising “the NH costs”.

• (2) National Highways must within 14 days of receipt of the information pursuant to sub- paragraph 5(1) provide the undertaker with a schedule showing its estimate of the NH costs.

• (3) The undertaker must within 30 days of receipt of the notice pursuant to sub-paragraph ‎(2) pay to National Highways the estimate of the NH costs.

• (4) If at any time after the payment referred to in sub-paragraph ‎(3) has become payable, National Highways reasonably believes that the NH costs will exceed the estimated NH costs notified pursuant to sub-paragraph ‎(2) it may give notice to the undertaker of the amount that it believes the NH costs will exceed the estimate (“the excess”).

• (5) The undertaker must within 30 days of receipt of the notification pursuant to sub-paragraph (4) pay to National Highways an amount equal to the excess.

• (6) National Highways must give the undertaker a final account of the NH costs referred to in sub-paragraph ‎(1) above as a fully itemised invoice within 30 days of the issue of the provisional certificate issued pursuant to paragraph 10(4).

• (7) Within 30 days of the issue of the final account—

• (a) if the final account shows a further sum as due to National Highways the undertaker must pay to National Highways the sum shown due to it; and

• (b) if the account shows that the payment or payments previously made by the undertaker have exceeded the costs incurred by National Highways, National Highways must refund the difference to the undertaker.

• (8) The undertaker must pay to National Highways within 30 days of receipt and prior to such costs being incurred the total costs that National Highways believe will be properly and necessarily incurred by National Highways in undertaking any statutory procedure or preparing and bringing into force any traffic regulation order or orders necessary to carry out or for effectively implementing the specified works.

Provisional certificate

10

• (1) Following any closure or partial closure of any of the strategic road network for the purposes of carrying out the specified works, National Highways will carry out a site inspection to satisfy itself that the strategic road network is, in its opinion, safe for traffic and the undertaker must comply with any requirements of National Highways prior to reopening the strategic road network.

• (2) As soon as the undertaker considers that the provisional certificate may be properly issued it must apply to National Highways for the provisional certificate.

• (3) Following an application for a provisional certificate, National Highways must as soon as reasonably practicable—

• (a) inspect the specified works; and

• (b) provide the undertaker with a written list of works that are required for the provisional certificate to be issued or confirmation that no further works are required for this purpose.

• (4) When—

• (a) a stage 3 road safety audit for the specified works has been carried out and all recommendations raised including remedial works have (subject to any exceptions agreed) been approved by National Highways;

• (b) the specified works incorporating the approved remedial works under sub-paragraph (4)(a) and any further works notified to the undertaker pursuant to sub-paragraph 10(3)(b) have been completed to the satisfaction of National Highways;

• (c) the as built information has been provided to National Highways; and

• (d) the undertaker has paid the commuted sum to National Highways, National Highways must issue the provisional certificate.

• (5) On the issue of the provisional certificate the bond sum shall be reduced to 20% of the total bond sum save insofar as any claim or claims have been made against the bond before that date in which case National Highways will retain a sufficient sum to ensure it does not have to meet any costs for or arising from the specified works.

• (6) The undertaker must submit a stage 4 road safety audits as required by and in line with the timescales stipulated in the road safety audit standard. The undertaker must comply with the findings of the stage 4 road safety audit and must pay all costs of and incidental to such and provide updated as-built information to National Highways.

Opening

11

The undertaker must notify National Highways not less than 56 days in advance of the intended date of opening to the public of the strategic road network and the undertaker must notify National Highways of the actual date the strategic road network will be opened to the public within 14 days of that date.

Final condition survey

12

• (1) The undertaker must as soon as reasonably practicable after making its application for a provisional certificate pursuant to paragraph 10(2), arrange for the highways structures and assets that were the subject of the condition survey to be re-surveyed and must submit the re- survey to National Highways for its approval. The re-survey will include a renewed geotechnical assessment required by DMRB CD622 if the specified works include any works beneath the strategic road network.

• (2) If the re-surveys carried out pursuant to sub-paragraph 12(1) indicates that any damage has been caused to a structure or asset, the undertaker must submit a scheme for remedial works in writing to National Highways for its approval in writing, and the undertaker must carry out the remedial works at its own cost and in accordance with the scheme submitted.

• (3) If the undertaker fails to carry out the remedial work in accordance with the approved scheme, National Highways may carry out the steps required of the undertaker and may recover any expenditure it reasonably incurs in so doing.

• (4) National Highways may, at its discretion, at the same time as giving its approval to the re- surveys pursuant to sub-paragraph 12(1) give notice in writing that National Highways will remedy any damage identified in the re-surveys and National Highways may recover any expenditure it reasonably incurs in so doing.

• (5) The undertaker must make available to National Highways upon request copies of any survey or inspection reports produced pursuant to any inspection or survey of any specified work following its completion that the undertaker may from time to time carry out.

Defects period

13

• (1) The undertaker must at its own expense remedy any defects in the strategic road network as are reasonably required by National Highways to be remedied during the defects period. All identified defects must be remedied in accordance with the following timescales—

• (a) in respect of matters of urgency, within 24 hours of receiving notification for the same (urgency to be determined at the absolute discretion of National Highways);

• (b) in respect of matters which National Highways considers to be serious defects or faults, within 14 days of receiving notification of the same; and

• (c) in respect of all other defects notified to the undertaker, within 4 weeks of receiving notification of the same.

• (2) Following the expiry of the defects period National Highways has responsibility for routine maintenance of the strategic road network save for any soft landscaping works which must be established and which must thereafter be maintained for a period of 3 years by and at the expense of the undertaker.

Final certificate

14

• (1) The undertaker must apply to National Highways for the final certificate no sooner than 12 months from the date of the provisional certificate.

• (2) Following receipt of the application for the final certificate, National Highways must as soon as reasonably practicable—

• (a) inspect the strategic road network; and

• (b) provide the undertaker with a written list of any further works required to remedy or make good any defect or damage in the strategic road network or confirmation that no such works are required for this purpose.

• (3) The undertaker must carry out such works notified to it pursuant to sub-paragraph 14(2).

• (4) When National Highways is satisfied that—

• (a) any defects or damage arising from defects during the defects period and any defects notified to the undertaker pursuant to sub-paragraph 14(2) and any remedial works required as a result of the stage 4 road safety audit have been made good to the satisfaction of National Highways; and

• (b) the NH costs have been paid to National Highways in full;

• (c) National Highways must issue the final certificate after which the bond shall be released in full.

• (5) The undertaker must pay to National Highways within 28 days of demand the costs reasonably incurred by National Highways in identifying the defects and supervising and inspecting the undertaker’s work to remedy the defects that it is required to remedy pursuant to these provisions.

Security

15

• (1) The specified works must not commence until—

• (a) the undertaker procures that the specified works are secured by a bond from a bondsman first approved by National Highways in the agreed form between the undertaker and National Highways to indemnify National Highways against all losses, damages, costs or expenses arising from any breach of any one or more of the obligations of the undertaker in respect of the exercise of the powers under this Order and the specified works under the provisions of this Part of this Schedule provided that the maximum liability of the bond must not exceed the bond sum; and

• (b) the undertaker has provided the cash surety which may be utilised by National Highways in the event of the undertaker failing to meet its obligations to make payments under paragraph 9 or to carry out works the need for which arises from a breach of one or more of the obligations of the undertaker under the provisions of this Part of this Schedule.

Commuted sums

16

• (1) National Highways must provide to the undertaker an estimate of the commuted sum, calculated in accordance with FS Guidance S278 Commuted Lump Sum Calculation Method dated 18 January 2010 or any successor guidance, prior to the commencement of the specified works.

• (2) The undertaker must pay to National Highways the commuted sum prior to the issue of the provisional certificate.

Insurance

17

Prior to the commencement of the specified works the undertaker must effect public liability insurance with an insurer in the minimum sum of £10,000,000.00 (ten million pounds) in respect of any one claim against any legal liability for damage loss or injury to any property or any person as a direct result of the execution of specified works or use of the strategic road network by the undertaker.

Indemnity

18

The undertaker fully indemnifies National Highways from and against all costs, claims, expenses, damages, losses and liabilities suffered by National Highways arising from the construction, maintenance or use of the specified works or exercise of or failure to exercise any power under this Order within 30 days of demand save for any loss arising out of or in consequence of any negligent act or default of National Highways.

Maintenance of the specified works

19

• (1) The undertaker must, prior to the commencement of any works of maintenance to the specified works, give National Highways 28 days’ notice in writing of the date on which those works will start unless otherwise agreed by National Highways, acting reasonably.

• (2) If, for the purposes of maintaining the specified works, the undertaker needs to occupy any road space, the undertaker must comply with National Highways’ road space booking requirements and no maintenance of the specified works for which a road space booking is required shall commence without a road space booking having first been secured.

• (3) The undertaker must comply with any requirements that National Highways may notify to the undertaker, such requirements to be notified to the undertaker not less than 7 days in advance of the planned commencement date of the maintenance works.

• (4) The provisions of paragraph 11 shall apply to the opening of any part of the strategic road network following occupation of any road space under this paragraph.

Land

20

• (1) The undertaker must not under the powers of this Order—

• (a) acquire or use land forming part of;

• (b) acquire new or existing rights over; or

• (c) seek to impose or extinguish any restrictive covenants over;

any of the strategic road network, or extinguish any existing rights of National Highways in respect of any third party property, except with the consent of National Highways by written request tolegalservicesteam@nationalhighways.co.uk.

Expert Determination

21

• (1) Article 42 (arbitration) of the Order does not apply to this Part of this Schedule.

• (2) Any difference under this Part of this Schedule may be referred to and 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 differing parties or, in the absence of agreement, identified by the President of the Institution of Civil Engineers.

• (3) On notification by either party of a dispute, the parties must jointly instruct an expert within 14 days of notification of the dispute.

• (4) All parties involved in settling any difference must use best endeavours to do so within 21 days from the date that an expert is appointed.

• (5) The expert must—

• (a) invite the parties to make submission to the expert in writing and copied to the other party to be received by the expert within 7 days of the expert’s appointment;

• (b) permit a party to comment on the submissions made by the other party within 7 days of receipt of the submission;

• (c) issue a decision within 7 days of receipt of the submissions under sub-paragraph ‎(b); and

• (d) give reasons for the decision.

• (6) Any determination by the expert is final and binding, 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 arbitration under article 42 (arbitration).

• (7) 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.

PART 14 — For the protection of Perenco North Sea Limited

Application

1

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

Interpretation

2

In this Part of this Schedule—

• “facilities proximity area” means an obstacle-free area comprising a cylinder with a horizontal radius of one point two six nautical miles (1.26nm) extending from the centre of the existing Waveney platform located within the Licence and extending vertically from mean sea level;

• “Licence” means United Kingdom Petroleum Production Licence P.780 Block 48/17c;

• “Licensee” means the licensee from time to time of the Licence, who at the date hereof is Perenco;

• “line of sight” the line of sight communications link from the existing Waveney platform located within the Licence to/from any other installation and/or to/from any onshore control room together with any associated infrastructure, equipment, software, systems, circuits, channels and licenses;

• “Perenco” means Perenco North Sea Limited (company number SC293676) registered at C/O Dwf Llp, 2 Semple Street, Edinburgh, Scotland, EH3 8BL;

• “pipeline” means the 8-inch (8”) diameter gas pipeline with pipeline reference number PL- 2555 connecting the Durango well to the Waveney platform located within the Licence, together with any associated umbilicals, plant and equipment serving that pipeline;

• “pipeline proximity area” means the area five hundred (500) metres either side and directly above the pipeline; and

• “specified works” means any works comprised within the authorised development, including temporary surface infrastructure, which are—within the pipeline proximity area;relate to any part of the authorised development; andwhich would or may in any way adversely affect the pipeline or Licensee’s access to the pipeline,

but excluding works for the construction of wind turbine generators or offshore substation platforms.

Works affecting the facilities

3

• (1) The undertaker must not construct, or carry out any works to install any wind turbine generators or offshore substation platforms within the pipeline proximity area or within the facilities proximity area or to adversely affect the line of sight.

• (2) No specified works are to be commenced until the undertaker and the Licensee have entered into a pipeline proximity agreement substantially in the form published by Offshore Energies UK (October 2015 edition).

Cooperation

4

The undertaker and the Licensee must each act in good faith and use reasonable endeavours to cooperate with, and provide assistance to, each other as may be required to give effect to the provisions of this Schedule.

SCHEDULE 15 — Arbitration Rules

Primary objective

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 four months from the date the Arbitrator is appointed pursuant to article 42 (arbitration) of the Order.

• (2) The Parties will first use their reasonable endeavours to settle a dispute amicably through negotiations undertaken in good faith by the senior management of the Parties. Any dispute which is not resolved amicably by the senior management of the Parties within 20 business days of the dispute arising, or such longer period as agreed in writing by the Parties, shall be subject to arbitration in accordance with the terms of this Schedule.

• (3) 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 the Arbitrator’s 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 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 and/or the remedy it is seeking; and

• (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 responding 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 element(s) of the Claimant’s claim, 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; and

• (c) any objections it wishes to make to the Claimant’s statements, comments on the Claimant’s expert report(s) (if submitted by the Claimant) and explanations for the objections.

• (4) Within 7 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. No single pleading is to exceed 30 single-sided A4 pages using 10pt Arial font.

• (2) The Arbitrator must make an award on the substantive difference(s) 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 2 days of delivery of the last submission, request a hearing giving specific reasons why it considers a hearing is required.

• (4) Within 7 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 10 days of the Arbitrator advising the parties that he is to hold a hearing, the date and venue for the hearing must be fixed by agreement with the parties, save that if there is no agreement the Arbitrator must direct a date and venue which he 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 expert(s) attending the hearing may be asked questions by the Arbitrator.

• (7) There is no process of examination and 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 expert(s) in response to the Arbitrator’s questions. Prior to the hearing the procedure for the expert(s) is—

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

• (b) if more than one expert is called, they are to 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 7 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 they are 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 them attaching the appropriate weight to any evidence submitted beyond any timetable or in breach of any procedure and/or direction.

• (11) The Arbitrator’s award must include reasons. The parties must accept that the extent to which reasons are given are 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 1996⁵⁷, including the non-mandatory sections, save where modified by these Rules.

• (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 and/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 must 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/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 must 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 costs follow the event, having regard to all material circumstances, including such matters as exaggerated claims and/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) Subject to sub-paragraphs ‎(2), ‎(3) and ‎(4), any arbitration hearing and documentation shall be open to and accessible by the public.

• (2) Where the Arbitration relates to a dispute or difference under the provisions of Schedule 17, the hearings must take place in private unless otherwise agreed between the parties and any matters, materials, documents, awards, expert reports and the like are confidential and must not be disclosed to any third party without prior written consent of the other party.

• (3) The Arbitrator may direct that the whole or part of a hearing is to be private and/or any documentation to be confidential where it is necessary in order to protect commercially sensitive information.

• (4) Nothing in this paragraph shall prevent any disclosure of a document by a party pursuant to an order of a court in England and Wales or where disclosure is required under any enactment.

SCHEDULE 16 — Hedgerows

PART 1 — Removal of Hedgerows

(1) Area	(2) Reference of hedgerow
District of South Norfolk	The hedgerow marked H0010 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0014 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0022 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0025 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0027 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0028 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0033 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0040 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0046 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0048 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0049 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0051 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0053 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0054 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0063 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0075 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0077 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0078 on the tree preservation order and hedgerow plan
District of Broadland	The hedgerow marked H0118 on the tree preservation order and hedgerow plan
District of Broadland	The hedgerow marked H0128 on the tree preservation order and hedgerow plan
District of Broadland	The hedgerow marked H0133 on the tree preservation order and hedgerow plan
District of Broadland	The hedgerow marked H0134 on the tree preservation order and hedgerow plan
District of Broadland	The hedgerow marked H0135 on the tree preservation order and hedgerow plan
District of Broadland	The hedgerow marked H0138 on the tree preservation order and hedgerow plan
District of Broadland	The hedgerow marked H0152 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0176 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0184 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0185 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0188 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0191 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0192 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0194 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0199 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0203 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0204 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0205 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0213b on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0215 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0217 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0218 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0231 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0234 on the tree preservation order and hedgerow plan

PART 2 — Removal of potentially important hedgerows

(1) Area	(2) Reference of hedgerow
District of North Norfolk	The hedgerow marked HR023 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked HR024 on the tree preservation order and hedgerow plan
District of Broadland	The hedgerow marked H0030 on the tree preservation order and hedgerow plan
District of Broadland	The hedgerow marked HR036 on the tree preservation order and hedgerow plan
District of Broadland	The hedgerow marked HR0128a on the tree preservation order and hedgerow plan
District of Broadland	The hedgerow marked HR0128b on the tree preservation order and hedgerow plan

PART 3 — Removal of important hedgerows