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The National Grid (Bramford to Twinstead Reinforcement) Order 2024

Type Statutory-Instrument

Publication 2024-09-12

Last updated 2025-04-09

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(8) Nothing in this article affects any liability to pay compensation under section 152 of the 2008 Act (compensation in case where no right to claim in nuisance) or under any other enactment in respect of loss or damage arising from the maintenance of the authorised development, other than loss or damage for which compensation is payable under paragraph (6).

(9) Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it.

(10) Section 13 of the 1965 Act (refusal to give possession to the acquiring authority) applies to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 of the 2008 Act (application of compulsory acquisition provisions).

(11) Where the undertaker has identified a potential risk to the safety of—

(a) the authorised development or any part of it; or

(b) the public; or

the requirement to serve not less than 28 days’ notice under paragraph (3) does not apply and the undertaker may enter the land pursuant to paragraph (1) subject to giving such period of notice (if any) as is reasonably practicable in all the circumstances.

(12) In this article “the maintenance period” in relation to any part of the authorised development means the period of five years beginning with the date on which that part of the authorised development is brought into operational use, except where the authorised development is replacement or landscape planting where “the maintenance period” means the period of five years beginning with the date on which that part of the replacement or landscape planting is completed.

Use of subsoil under or airspace over streets

28

(1) The undertaker may enter on and use so much of the subsoil of, or airspace over, any street within the Order limits as may be required for the purposes of the authorised development or for any other purpose ancillary to the authorised development and may use the subsoil or airspace for those purposes.

(2) Subject to paragraph (3), the undertaker may exercise any power conferred by paragraph (1) in relation to a street without being required to acquire any part of the street or any easement or right in the street.

(3) Paragraph (2) does not apply in relation to—

(a) any subway or underground building; or

(b) any cellar, vault, arch or other construction in, on or under a street which forms part of a building fronting onto the street.

(4) Subject to paragraph (5), any person who is an owner or occupier of land appropriated under paragraph (1) without the undertaker acquiring any part of that person’s interest in the land, and who suffers loss as a result, is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.

(5) Compensation is not payable under paragraph (4) to any person who is an undertaker to whom section 85 of the 1991 Act (sharing cost of necessary measures) applies in respect of measures of which the allowable costs are to be borne in accordance with that section.

Compensation

Disregard of certain interests and improvements

29

(1) In assessing the compensation payable to any person on the acquisition from that person of any land or right over any land under this Order, the Tribunal must not take into account—

(a) any interest in land; or

(b) any enhancement of the value of any interest in land by reason of any building erected, works executed or improvement or alteration made on relevant land,

if the Tribunal is satisfied that the creation of the interest, the erection of the building, the execution of the works or the making of the improvement or alteration as part of the authorised development was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.

(2) In paragraph (1) “relevant land” means the land acquired from the person concerned or any other land with which that person is, or was at the time when the building was erected, the works executed or the improvement or alteration made as part of the authorised development, directly or indirectly concerned.

Set-off for enhancement in value of retained land

30

(1) In assessing the compensation payable to any person in respect of the acquisition from that person under this Order of any land (including any subsoil) the tribunal must set off against the value of the land so acquired any increase in value of any contiguous or adjacent land belonging to that person in the same capacity which will accrue to that person by reason of the construction of the authorised development.

(2) In assessing the compensation payable to any person in respect of the acquisition from that person of any new rights over land (including the subsoil), under article 23 (compulsory acquisition of rights), the Tribunal must set off against the value of the rights so acquired—

(a) any increase in the value of the land over which the new rights are required; and

(b) any increase in value of any contiguous or adjacent land belonging to that person in the same capacity,

which will accrue to that person by reason of the construction of the authorised development.

(3) The 1961 Act has effect, subject to paragraphs (1) and (2), as if this Order were a local enactment for the purposes of that Act.

Supplementary

Compulsory acquisition of land – incorporation of the mineral code

31

Parts 2 and 3 of Schedule 2 to the Acquisition of Land Act 1981[^f00029] (minerals) are incorporated into this Order subject to the modifications that—

(a) paragraph 8(3) is not incorporated;

(b) for “the acquiring authority” substitute “the undertaker”;

(d) for “compulsory purchase order” substitute “this Order”.

Time limit for exercise of authority to acquire land and rights compulsorily

32

(1) After the end of the period of five years beginning with the day on which this Order comes into force—

(a) no notice to treat may be served under Part 1 of the 1965 Act; and

(b) no declaration may be executed under section 4 of the 1981 Act as applied by article 34 (application of the 1981 Act)[^f00030].

(2) The authority conferred by article 25 (temporary use of land by National Grid) and article 26 (temporary use of land by UKPN) ceases at the end of the period referred to in paragraph (1), save that nothing in this paragraph prevents the undertaker remaining in possession of land after the end of that period, if the land was entered and possession was taken before the end of that period.

(3) If any proceedings are begun to challenge the validity of this Order, the period specified in paragraph (1) is extended for the period specified in paragraph (4).

(4) Under paragraph (3) the period is taken to be extended by—

(a) a period equivalent to the period beginning with the day the proceedings are filed and ending on the day they are withdrawn or finally determined, or

(b) if shorter, one year.

(5) Proceedings are not finally determined for the purposes of sub-paragraph (4)(a) if any appeal—

(a) could be brought (ignoring any possibility of an appeal out of time with permission), or

(b) has been made and not withdrawn or finally determined.

Acquisition of part of certain properties

33

(1) This article applies where—

(a) a notice to treat is served on a person (“the owner”) under the 1965 Act (as so applied) in respect of land forming only part of a house, building or factory or of land consisting of a house with a park or garden (“the land subject to the notice to treat”); and

(b) a copy of this article is served on the owner with the notice to treat.

(2) In such a case, the owner may, within the period of 28 days beginning with the day on which the notice was served, serve on the undertaker a counter-notice objecting to the sale of the land subject to the notice to treat and stating that the owner is willing and able to sell the whole (“the land subject to the counter-notice”).

(3) If no such counter-notice is served within that period, the owner is required to sell the land subject to the notice to treat.

(4) If such a counter-notice is served within that period, the question whether the owner is required to sell only the land subject to the notice to treat must, unless the undertaker agrees to take the land subject to the counter-notice, be referred to the tribunal.

(5) If on such a reference the tribunal determines that the land subject to the notice to treat can be taken—

(a) without material detriment to the remainder of the land subject to the counter-notice; or

(b) where the land subject to the notice to treat consists of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house,

the owner is required to sell the land subject to the notice to treat.

(6) If on such a reference the tribunal determines that only part of the land subject to the notice to treat can be taken—

(a) without material detriment to the remainder of the land subject to the counter-notice; or

(b) where the land subject to the notice to treat consists of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house,

the notice to treat is deemed to be a notice to treat for that part.

(7) If on such a reference the tribunal determines that—

(a) the land subject to the notice to treat cannot be taken without material detriment to the remainder of the land subject to the counter-notice; but

(b) the material detriment is confined to a part of the land subject to the counter-notice,

the notice to treat is deemed to be a notice to treat for the land to which the material detriment is confined in addition to the land already subject to the notice, whether or not the additional land is land which the undertaker is authorised to acquire compulsorily under this Order.

(8) If the undertaker agrees to take the land subject to the counter-notice, or if the tribunal determines that—

(a) none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice or, as the case may be, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house; and

(b) the material detriment is not confined to a part of the land subject to the counter-notice,

the notice to treat is deemed to be a notice to treat for the land subject to the counter-notice whether or not the whole of that land is land which the undertaker is authorised to acquire compulsorily under this Order.

(9) Where by reason of a determination by the tribunal under this article a notice to treat is deemed to be a notice to treat for less land or more land than that specified in the notice, the undertaker may, within the period of six weeks beginning with the day on which the determination is made, withdraw the notice to treat; and, in that event, must pay the owner compensation for any loss or expense occasioned to the owner by the giving and withdrawal of the notice, to be determined in case of dispute by the tribunal.

(10) Where the owner is required under this article to sell only part of a house, building or manufactory or of land consisting of a house with a park or garden, the undertaker must pay the owner compensation for any loss sustained by the owner due to the severance of that part in addition to the value of the interest acquired.

Application of the 1981 Act

34

(1) The 1981 Act applies as if this Order were a compulsory purchase order.

(2) The 1981 Act, as so applied, has effect with the following modifications.

(3) In section 1 (application of Act) for subsection (2) there is substituted—

(2) This section applies to any Minister, any local or other public authority or any other body or person authorised to acquire land by means of a compulsory purchase order.

(4) In section 5(2)[^f00031] (earliest date for execution of declaration), omit the words from “, and this subsection” to the end.

(5) Section 5A[^f00032] (time limit for general vesting declaration) is omitted.

(6) In section 5B[^f00033] (extension of time limit during challenge)—

(a) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order)” substitute “section 118[^f00034] of the Planning Act 2008 (legal challenges relating to applications for orders granting development consent)”; and

(b) for “the three year period mentioned in section 5A” substitute “the five year period mentioned in article 32 of the National Grid (Bramford to Twinstead Reinforcement) Order 2024”.

(7) For section 6(1)(b)[^f00035] (notices after execution of declaration) substitute—

(b) on every other person who has given information to the acquiring authority with respect to any of that land further to the invitation published and served under section 134[^f00036] (notice of authorisation of compulsory acquisition) of the Planning Act 2008.

(8) In section 7(1)(a)[^f00037] (constructive notice to treat), omit “(as modified by section 4 of the Acquisition of Land Act 1981)”.

(9) In Schedule A1[^f00038] (counter-notice requiring purchase of land not in general vesting declaration), for paragraph 1(2) substitute—

(2) But see article 24(3) (acquisition of subsoil or airspace only) of the National Grid (Bramford to Twinstead Reinforcement) Order 2024, which excludes the acquisition of subsoil or airspace only from this Schedule.

(10) References to the 1965 Act in the 1981 Act must be construed as references to the 1965 Act as applied by section 125 of the 2008 Act (application of compulsory acquisition provisions) and as modified by article 36 to the compulsory acquisition of land under this Order.

Application of Part 1 of the 1965 Act

35

(1) Part 1 of the 1965 Act as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act is modified as follows.

(2) In section 4 (time limit for giving notice to treat) for “after the end of the period of 3 years beginning with the day on which the compulsory purchase order becomes operative” substitute “after the end of the period stated in article 32 (time limit for exercise of authority to acquire land and rights compulsorily) of the National Grid (Bramford to Twinstead Reinforcement) Order 2024”.

(3) In section 4A(1) (extension of time limit during challenge)—

(a) for “section 23 of the Acquisition of Land Act 1981 (application to the High Court in respect of compulsory purchase order)” substitute “section 118 of the Planning Act 2008 (legal challenges relating to applications for orders granting development consent)”; and

(b) for “the three year period mentioned in section 4” substitute “the five year period mentioned in article 32 (time limit for exercise of authority to acquire land and rights compulsorily) of the National Grid (Bramford to Twinstead Reinforcement) Order 2024”.

(4) In section 11A (powers of entry: further notices of entry)—

(a) in subsection (1)(a), after “land” insert “under that provision”; and

(b) in subsection (2), after “land” insert “under that provision”.

(5) In section 22(2) (expiry of time limit for exercise of compulsory purchase power not to affect acquisition of interests omitted from purchase), for “section 4 of this Act” substitute “article 32 (time limit for exercise of authority to acquire land and rights compulsorily) of the National Grid (Bramford to Twinstead Reinforcement) Order 2024”.

(6) In Schedule 2A (counter-notice requiring purchase of land not in notice to treat)—

(a) for paragraphs 1(2) and 14(2) substitute—

(2) But see article 24(3) (acquisition of subsoil or airspace only) of the National Grid (Bramford to Twinstead Reinforcement) Order 2024, which excludes the acquisition of subsoil or airspace only from this Schedule

(b) and after paragraph 29, insert—

(30) In this Schedule, references to entering on and taking possession of land do not include doing so under article 20 (protective works), 25 (temporary use of land by National Grid), 26 (temporary use of land by UKPN) or 27 (temporary use of land for maintaining the authorised development) of the National Grid (Bramford to Twinstead Reinforcement) Order 2024.

Extinguishment and suspension of private rights

36

(1) Subject to the provisions of this article, all private rights and restrictive covenants over land subject to compulsory acquisition under this Order are extinguished or suspended—

(a) as from the date of acquisition of the land by the undertaker, whether compulsorily or by agreement; or

(b) on the date of entry on the land by the undertaker under section 11(1) of the 1965 Act (powers of entry),

whichever is the earlier.

(2) Subject to the provisions of this article, all private rights and restrictive covenants over land owned by the undertaker which, being within the Order limits, is required for the purposes of this Order, are extinguished on the start of any activity authorised by this Order which interferes with or breaches such rights or such restrictive covenants.

(3) Subject to the provisions of this article, all private rights and restrictive covenants over land subject to the compulsory acquisition of rights or the imposition of restrictions under this Order are extinguished in so far as their continuance would be inconsistent with the exercise of the right acquired or the burden of the restriction imposed—

(a) as from the date of the acquisition of the right or the benefit of the restriction by the undertaker, whether compulsorily or by agreement; or

(b) on the date of entry on the land by the undertaker under section 11(1) of the 1965 Act in pursuance of the right,

whichever is the earlier.

(4) Subject to the provisions of this article and article 39 (extinguishment of private rights and restrictive covenants relating to apparatus belonging to National Grid or UKPN removed from land subject to temporary possession), all private rights or restrictive covenants over land of which the undertaker takes temporary possession under this Order are suspended and unenforceable for as long as the undertaker remains in lawful possession of the land and in so far as their continuation would be inconsistent with the exercise of the powers under this Order or a breach of a restriction as to the user of land arising by virtue of a contract.

(5) Any person who suffers loss by the extinguishment or suspension of any private right or restrictive covenant under this article is entitled to compensation in accordance with the terms of section 152 of the 2008 Act (compensation in case where no right to claim in nuisance) to be determined, in case of dispute, under Part 1 of the 1961 Act.

(6) This article does not apply in relation to any right to which section 138 of the 2008 Act (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) or article 42 (statutory undertakers) applies.

(7) Paragraphs (1) to (4) have effect subject to—

(a) any notice given by the undertaker before—

(i) the completion of the acquisition of the land or rights or the imposition of restrictive covenants over or affecting the land;

(ii) the undertaker’s appropriation of it;

(iii) the undertaker’s entry onto it; or

(iv) the undertaker’s taking temporary possession of it,

that any or all of those paragraphs do not apply to any right specified in the notice; and

(b) any agreement made, in so far as it relates to the authorised development, at any time between the undertaker and the person in or to whom the right or restrictive covenant in question is vested, belongs or benefits.

(8) If any such agreement as is referred to in sub-paragraph (7)(b)—

(a) is made with a person in or to whom the right is vested or belongs; and

(b) is expressed to have effect also for the benefit of those deriving title from or under that person,

it is effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement.

(9) A reference in this article to private rights and restrictive covenants over land includes any trust, incident, easement, wayleave, liberty, privilege, right or advantage annexed to land (including any land forming part of a common, open space or fuel or field garden allotment) and adversely affecting other land, including any natural right to support, and including restrictions as to the user of land arising by virtue of a contract.

Power to override easements and other rights

37

(1) Any authorised activity which takes place on land within the Order limits (whether the activity is undertaken by the undertaker or by any person deriving title from the undertaker or by any servants or agents of the undertaker) is authorised by this Order if it is done in accordance with the terms of this Order, notwithstanding that it involves—

(a) an interference with an interest or right to which this article applies; or

(b) a breach of a restriction as to the user of land arising by virtue of a contract.

(2) In this article “authorised activity” means—

(a) the erection, construction or maintenance of any part of the authorised development;

(b) the exercise of any power authorised by this Order; or

(3) The interests and rights to which this article applies include any trust, incident, easement, wayleave, liberty, privilege, right or advantage annexed to land (including any land forming part of a common, open space or fuel or field garden allotment) and adversely affecting other land, including any natural right to support, and including restrictions as to the user of land arising by virtue of a contract.

(4) Where an interest, right or restriction is overridden by paragraph (1), compensation—

(a) is payable under section 7 (measure of compensation in case of severance) or 10 (further provision as to compensation for injurious affection) of the 1965 Act; and

(b) is to be assessed in the same manner and subject to the same rules as in the case of other compensation under those sections where—

(i) the compensation is to be estimated in connection with a purchase under that Act; or

(ii) the injury arises from the execution of works on or use of land acquired under that Act.

(5) Where a person deriving title under the undertaker by whom the land in question was acquired—

(a) is liable to pay compensation by virtue of paragraph (4), and

(b) fails to discharge that liability,

the liability is to be enforceable against that undertaker in accordance with section 204(3) of the Housing and Planning Act 2016[^f00039].

(6) Nothing in this article is to be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than such an interference or breach as is mentioned in paragraph (1) of this article.

Statutory authority to override easements and other rights

38

(1) The carrying out or use of development authorised by this Order and the doing of anything else authorised by this Order is authorised by virtue of section 158 (nuisance: statutory authority) of the 2008 Act, notwithstanding that it involves—

(a) an interference with an interest or right to which this article applies; or

(b) a breach of a restriction as to user of land arising by virtue of contract.

(2) The undertaker must pay compensation to any person whose land is injuriously affected by—

(a) an interference with an interest or right to which this article applies; or

(b) a breach of a restriction as to user of land arising by virtue of contract,

authorised by virtue of this Order and the operation of section 158 of the 2008 Act.

(3) The interests and rights to which this article applies include any trust, incident, easement, wayleave, liberty, privilege, right or advantage annexed to land (including any land forming part of a common, open space or fuel or field garden allotment) and adversely affecting other land, including any natural right to support, and including restrictions as to the user of land arising by virtue of a contract.

(4) Subsection (2) of section 10 (further provision as to compensation for injurious affection) of the 1965 Act applies to paragraph (2) by virtue of section 152(5) of the 2008 Act.

(5) Any rule or principle applied to the construction of section 10 of the 1965 Act will be applied to the construction of paragraph (2) (with any necessary modifications).

Extinguishment of private rights and restrictive covenants relating to apparatus belonging to National Grid or UKPN removed from land subject to temporary possession

39

(1) This article applies to any Order land specified in Schedule 11 (extinguishment of private rights and restrictive covenants relating to apparatus belonging to National Grid or UKPN removed from land subject to temporary possession) and any other Order land of which National Grid takes temporary possession under article 25 (temporary use of land by National Grid) or UKPN takes temporary possession under article 26 (temporary use of land by UKPN).

(2) All private rights or restrictive covenants in relation to apparatus belonging to National Grid or UKPN removed from any land to which this article applies are extinguished from the date on which National Grid or UKPN gives up temporary possession of that land under article 25 (temporary use of land by National Grid) or 26 (temporary use of land by UKPN), as the case may be.

(3) The extinguishment of rights by paragraph (2) does not give rise to any cause of action relating to the presence on or in the land of any foundations (save for those which lie less than 1.5 metres underground) referred to in sub-paragraph (5)(c) and (6)(c) of article 25 or sub-paragraph (5)(c) and (6)(c) of article 26 (National Grid and UKPN not required to remove foundations when giving up temporary possession).

(4) Schedule 11 (extinguishment of private rights and restrictive covenants relating to apparatus belonging to National Grid or UKPN removed from land subject to temporary possession) has effect.

Crown rights

40

(1) Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and, in particular, nothing in this Order authorises the undertaker or any licensee to take, use, enter on or in any manner interfere with any land or rights of any description (including any part of the shore or bed of the sea or any river, channel, creek, bay or estuary)—

(a) belonging to His Majesty in right of the Crown and forming part of the Crown Estate, without the consent in writing of the Crown Estate Commissioners;

(b) belonging to His Majesty in right of the Crown and not forming part of the Crown Estate, without the consent in writing of the government department having the management of that land; or

(c) belonging to a government department or held in trust for His Majesty for the purposes of a government department, without the consent in writing of that government department.

(2) Paragraph (1) does not apply to the exercise of any right under this Order for the compulsory acquisition of an interest in any Crown land (as defined in section 227 of the 2008 Act) that is for the time being held otherwise than by or on behalf of the Crown.

(3) A consent under paragraph (1)—

(a) may be given unconditionally or subject to terms and conditions; and

(b) is deemed to have been given in writing where it is sent electronically.

Special category land

41

(1) So much of the special category land that is required for the purposes of the exercising by the undertaker of the Order rights will be discharged from all rights, trusts and incidents to which it was previously subject so far as their continuance would be inconsistent with the exercise of the Order rights.

(2) In this article—

“Order rights” means the rights exercisable over the special category land by the undertaker under article 23 (compulsory acquisition of rights); and

“special category land” means the land as forming part of a common, open space, or fuel or field allotment and which is identified in the book of reference and marked as such on the plan entitled “special category land plans”.

Statutory undertakers

42

(1) Subject to the provisions of Schedule 14 (protective provisions) the undertaker may—

(a) further to the power in article 22 (compulsory acquisition of land), acquire compulsorily the Order land belonging to statutory undertakers, and described in the book of reference;

(b) extinguish or suspend the rights of, remove or reposition apparatus belonging to statutory undertakers where such apparatus is anywhere over or within the Order limits notwithstanding that repositioning may be outside of the Order limits;

(c) further to the power in article 23 (compulsory acquisition of rights), acquire compulsorily existing rights, create and acquire the new rights and impose restrictive covenants over land belonging to statutory undertakers described in the book of reference and indicated on the land plans;

(d) construct the authorised development in such a way as to cross underneath or over apparatus belonging to statutory undertakers and other like bodies within the Order limits; and

(e) construct over existing apparatus belonging to statutory undertakers any necessary track or roadway (whether temporary or permanent) together with the right to maintain or remove the same and install such service media under or over the existing apparatus needed in connection with the authorised development.

(2) Paragraph (1)(b) has no effect in relation to apparatus in respect of which Part 3 (street works in England and Wales) of the 1991 Act applies.

Recovery of costs of new connections

43

(1) Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 42 (statutory undertakers), any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.

(2) Paragraph (1) does not apply in the case of the removal of a public sewer, but where such a sewer is removed under article 42 (statutory undertakers) any person who is—

(a) the owner or occupier of premises the drains of which communicated with that sewer; or

(b) the owner of a private sewer which communicated with that sewer,

is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the drain or sewer belonging to that person communicate with any other public sewer or with a private sewerage disposal plant.

(3) In this article—

“public communications provider” has the same meaning as in section 151(1) of the 2003 Act; and

“public utility undertaker” means a gas, water, electricity or sewerage undertaker.

PART 6 — MISCELLANEOUS AND GENERAL

Application of landlord and tenant law

44

(1) This article applies to—

(a) any agreement for leasing to any person the whole or any part of the authorised development or the right to operate the same; and

(b) any agreement entered into by the undertaker with any person for the construction, maintenance, use or operation of the authorised development, or any part of it,

so far as any such agreement relates to the terms on which any land which is the subject of a lease granted by or under that agreement is to be provided for that person’s use.

(2) No enactment or rule of law regulating the rights and obligations of landlords and tenants prejudices the operation of any agreement to which this article applies.

(3) Accordingly, no such enactment or rule of law applies in relation to the rights and obligations of the parties to any lease granted by or under any such agreement so as to—

(a) exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter;

(b) confer or impose on any such party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease; or

(c) restrict the enforcement (whether by action for damages or otherwise) by any party to the lease of any obligation of any other party under the lease.

Defence to proceedings in respect of statutory nuisance

45

(1) Where proceedings are brought under section 82(1) of the Environmental Protection Act 1990[^f00040] (summary proceedings by persons aggrieved by statutory nuisances) in relation to a nuisance falling within paragraphs (g) and (ga) of section 79(1) of that Act no order must be made, and no fine must be imposed, under section 82(2) of that Act if—

(a) the defendant shows that the nuisance—

(i) relates to premises used by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development and that the nuisance is attributable to the carrying out of the authorised development in accordance with a notice served under section 60 (control of noise on construction sites) or a consent given under section 61 (prior consent for work on construction sites) of the Control of Pollution Act 1974[^f00041]; or

(ii) relates to premises used by the undertaker for the purposes of or in connection with the construction of the authorised development and that the nuisance is attributable to the carrying out of the authorised development in accordance with the controls and measures relating to noise as described in the relevant construction environmental management plan approved pursuant to requirement 4; or

(iii) is a consequence of the construction or maintenance of the authorised development and that it cannot reasonably be avoided; or

(iv) is a consequence of complying with a requirement of this Order and that it cannot reasonably be avoided; or

(b) the defendant shows that the nuisance is a consequence of the use of the authorised development and that it cannot reasonably be avoided.

(2) For the purposes of paragraph (1) above in relation to the construction of the authorised development only, compliance with the controls and measures relating to noise described in the relevant construction environmental management plan approved pursuant to requirement 4 will be sufficient, but not necessary, to show that an alleged nuisance could not reasonably be avoided.

(3) Where a relevant planning authority is acting in accordance with section 60(4) and section 61(4) of the Control of Pollution Act 1974 in relation to the construction of the authorised development then the local authority must also have regard to the controls and measures relating to noise referred to in the relevant construction environmental management plan approved pursuant to requirement 4.

(4) Section 61(9) of the Control of Pollution Act 1974 does not apply where the consent relates to the use of premises by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development.

(5) In this article “premises” has the same meaning as in section 79 of the Environmental Protection Act 1990[^f00042].

Traffic regulation

46

(1) Subject to the provisions of this article, the undertaker may at any time for the purposes of construction of the authorised development or for purposes ancillary to the construction of the authorised development—

(a) prohibit waiting of vehicles and regulate vehicular speed by imposing a speed restriction on vehicles in the manner specified in Part 1 of Schedule 12 (traffic regulation orders) on a road specified in column (2) and along the lengths and between the points specified in column (3) in the manner specified in column (4) of that Part of that Schedule;

(b) prohibit use of roads by through traffic in the manner specified in Part 2 of Schedule 12 (traffic regulation orders) on the roads specified in column (2) and along the lengths and between the points specified in column (3) in the manner specified in column (4) of that Part of that Schedule;

(c) regulate the direction of vehicular movements in the manner specified in Part 3 of Schedule 12 (traffic regulation orders) on the roads specified in column (2) and along the lengths and between the points specified in column (3) in the manner specified in column (4) of that Part of that Schedule; and

(d) prohibit overtaking in the manner specified in Part 4 of Schedule 12 (traffic regulation orders) on the roads specified in column (2) and along the lengths and between the points specified in column (3) in the manner specified in column (4) of that Part of that Schedule.

(2) Without limiting the scope of the specific powers conferred by paragraph (1) but subject to the provisions of this article and the consent of the traffic authority in whose area the road concerned is situated, the undertaker may, in so far as may be expedient or necessary for the purposes of or in connection with construction of the authorised development, or for purposes ancillary to it, at any time—

(a) revoke, amend or suspend in whole or in part any order made, or having effect as if made, under the 1984 Act;

(b) permit, prohibit or restrict the stopping, parking, waiting, loading or unloading of vehicles on any road;

(d) make provision as to the maximum speed, direction or priority of vehicular traffic on any road; and

(e) permit, prohibit or restrict vehicular access to any road,

either at all times or at times, on days or during such periods as may be specified by the undertaker.

(3) The undertaker must not exercise the powers in paragraphs (1) and (2) unless it has—

(a) given not less than four weeks’ notice in writing of its intention so to do to the chief officer of police and to the traffic authority in whose area the road is situated; and

(b) advertised its intention in such manner as the traffic authority may specify in writing within seven days of its receipt of notice of the undertaker’s intention as provided for in sub-paragraph (a).

(4) Any prohibition, restriction or other provision made by the undertaker under paragraph (1) or (2)—

(a) has effect as if duly made by—

(i) the traffic authority in whose area the road is situated as a traffic regulation order under the 1984 Act; or

(ii) the local authority in whose area the road is situated as an order under section 32 of the 1984 Act (power of local authorities to provide parking places),

and the instrument by which it is effected may specify savings and exemptions (in addition to those mentioned in Schedule 12 (traffic regulation orders)) to which the prohibition, restriction or other provision is subject; and

(b) is deemed to be a traffic order for the purposes of Schedule 7 to the Traffic Management Act 2004[^f00043] (road traffic contraventions subject to civil enforcement).

(5) Any prohibition, restriction or other provision made under this article may at any time be suspended, varied or revoked by the undertaker from time to time by subsequent exercise of the powers conferred by paragraphs (1) and (2).

(6) Any prohibition, restriction or other provision made by the undertaker under paragraph (1) or (2) will cease to have effect on the expiry of the period of five years beginning with the date on which the authorised development is first brought into operational use, except where the authorised development is replacement or landscape planting in which case the period of five years will begin with the date on which that part of the replacement or landscape planting is completed.

(7) If any prohibition, restriction or other provision has been made by the undertaker under paragraph (1) or (2), then before the expiration of the period referred to in paragraph (6) the undertaker must—

(a) give at least four weeks’ notice in writing to the chief officer of police and to the traffic authority in whose area the road is situated; and

(b) advertise the fact in such manner as the traffic authority may specify in writing within seven days of its receipt of notice of the undertaker’s notice as provided for in sub-paragraph (a).

(8) Before complying with the provisions of paragraphs (3) and (7) the undertaker must consult the chief officer of police and the traffic authority in whose area the road is situated.

(9) Expressions used in this article and in the 1984 Act have the same meaning in this article as in that Act.

(10) If the traffic authority fails to notify the undertaker of its decision within 35 days (or such other period as agreed by the traffic authority and the undertaker) of receiving an application for consent under paragraph (2) the traffic authority is deemed to have granted consent.

(11) Any application for consent under paragraph (2) must include a statement that the provisions of paragraph (10) apply to that application.

(12) If an application for consent under paragraph (2) does not include the statement required under paragraph (11), then the provisions of paragraph (10) will not apply to that application.

Felling or lopping

47

(1) The undertaker may fell, lop, prune, cut, trim, coppice, pollard, or reduce in height or width, any tree, shrub, shrubbery, hedgerow, or important hedgerow under or within or overhanging or near any part of the authorised development, or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree, shrub, shrubbery, hedgerow or important hedgerow—

(a) from obstructing or interfering with the construction, maintenance or operation of the authorised development or any apparatus used in connection with the authorised development; or

(b) from constituting a danger to persons constructing, maintaining, or operating the authorised development.

(2) In carrying out any activity authorised by paragraph (1), the undertaker must not cause any unnecessary damage to any tree, shrub, shrubbery or hedgerow, or important hedgerow and must pay compensation to any person for any loss or damage arising from such activity.

(3) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, must be determined under Part 1 of the 1961 Act.

(4) Subject at all times to paragraph (8), the undertaker must not pursuant to paragraph (1) fell, lop, prune, cut, trim, coppice, pollard, or reduce in height or width a tree within or overhanging the extent of the public highway without the consent of the relevant highway authority.

(5) If the relevant highway authority fails to notify the undertaker of its decision within 35 days (or such other period as agreed by the relevant highway authority and the undertaker) of receiving an application for consent under paragraph (4) the relevant highway authority is deemed to have granted consent.

(6) Any application for consent under paragraph (4) must include a statement that the provisions of paragraph (5) apply to that application.

(7) If an application for consent under paragraph (4) does not include the statement required under paragraph (6), then the provisions of paragraph (5) will not apply to that application.

(8) The consent of the relevant highway authority is not required under paragraph (4) where—

(a) the tree to be felled, lopped, pruned, cut, trimmed, coppiced, pollarded, or reduced in height or width is described or shown as ‘affected vegetation’ on the trees and hedgerows to be removed or managed plans; and

(b) the undertaker has given 5 days notice to the relevant highway authority of its intention to carry out any of the operations described in sub-paragraph (a).

(9) The power conferred by paragraph (1) removes any obligation upon the undertaker to secure any consent to remove hedgerows under the Hedgerows Regulations 1997[^f00044].

(10) In this article “hedgerow” and “important hedgerow” have the same meaning as in the Hedgerow Regulations 1997.

Trees subject to Tree Preservation Orders

48

(1) The undertaker may fell, lop, prune, cut, trim, coppice, pollard, or reduce in height or width, any tree described in Schedule 13 (trees subject to tree preservation orders) and identified on the trees and hedgerows to be removed or managed plans, or cut back its roots, if it reasonably believes it to be necessary in order to do so to prevent the tree—

(a) from obstructing or interfering with the construction, maintenance or operation of the authorised development or any apparatus used in connection with the authorised development; or

(b) from constituting a danger to persons constructing, maintaining, or operating the authorised development.

(2) The undertaker may fell, lop, prune, cut, trim, coppice, pollard, or reduce in height or width, any tree within or overhanging land within the Order limits subject to a tree preservation order which was made after 31 January 2023, or cut back its roots, if it reasonably believes it to be necessary to do so in order to prevent the tree—

(a) from obstructing or interfering with the construction, maintenance or operation of the authorised development or any apparatus used in connection with the authorised development; or

(b) from constituting a danger to persons constructing, maintaining, or operating the authorised development.

(3) In carrying out any activity authorised by paragraph (1) or (2)—

(a) the undertaker must do no unnecessary damage to any tree and must pay compensation to any person for any damage arising from such activity; and

(b) the duty in section 206(1) of the 1990 Act (replacement of trees) does not apply.

(4) The authority given by paragraphs (1) and (2) constitutes a deemed consent under the relevant tree preservation order.

(5) Any dispute as to a person’s entitlement to compensation under paragraph (3), or as to the amount of compensation, must be determined under Part 1 of the 1961 Act.

Temporary closure of, and works in, the River Stour

49

(1) The undertaker may, in connection with the construction of the authorised development, temporarily interfere with the relevant part of the river.

(2) Without limitation on the powers conferred by paragraph (1) but subject to paragraph (4) the undertaker may, in connection with the construction of the authorised development—

(a) temporarily moor or anchor barges or other vessels or craft in the relevant part of the river and may load or unload into and from such barges, other vessels or craft equipment, machinery, soil and any other materials in connection with the construction or maintenance of the authorised development; and

(b) on grounds of health and safety only, temporarily close to navigation the relevant part of the river.

(3) The power conferred by paragraphs (1) and (2) will be exercised in such a way which secures—

(a) that no more of the relevant part of the river is closed to navigation at any time than is necessary in the circumstances; and

(b) that, if complete closure to navigation of the relevant part of the river becomes necessary, all reasonable steps are taken to secure that the period of closure is kept to a minimum and that the minimum obstruction, delay or interference is caused to vessels or craft which may be using or intending to use the part so closed.

(4) Any person who suffers loss as a result of the suspension of any private right of navigation under this article is entitled to be paid compensation for such loss by the undertaker, to be determined, in case of dispute, under Part 1 of the 1961 Act.

(5) In this article, “the relevant part of the river” means so much of the River Stour as is shown shaded yellow on the access, rights of way and public rights of navigation plans.

Protection of interests

50

Schedule 14 (protective provisions) has effect.

Procedure regarding certain approvals etc.

51

(1) Where an application or request is submitted to a relevant planning authority, a highway authority, a street authority or the owner of a watercourse, sewer or drain for any consent, agreement or approval required or contemplated by any of the provisions of this Order such consent, agreement or approval, if given, must be given in writing.

(2) Schedule 4 (discharge of requirements) has effect in relation to all consents, agreements or approvals granted, refused or withheld in relation to the requirements, and any document referred to in any requirement.

(3) The procedure set out in paragraphs 3, 4 and 5 of Schedule 4 (discharge of requirements) has effect in relation to any other consent, agreement or approval required under this Order where such consent, agreement or approval is granted subject to any condition to which the undertaker objects, or is refused or is withheld.

Safeguarding

52

(1) Save in respect of exempt applications, before granting planning permission for development to which this article applies, a relevant planning authority must consult the undertaker.

(2) This article applies to development which would be wholly or partly within the Order limits.

(3) Where this article requires a relevant planning authority to consult the undertaker before granting planning permission—

(a) they must give the undertaker notice of the application for planning permission (unless the applicant has served a copy of the application on the undertaker); and

(b) they may not determine the application before the end of the period of 21 days, beginning two working days after the relevant planning authority has sent the notice to the undertaker by first class post or by such other means of service as may be agreed with the relevant planning authority, which will be deemed to be the date on which the undertaker receives the notice or copy of the application.

(4) But a relevant planning authority may determine an application during that period if the undertaker has—

(a) made representations to the relevant planning authority about the application, or

(b) notified the relevant planning authority that it does not intend to make representations.

(5) In determining an application for planning permission a relevant planning authority must take into account any representations received in accordance with this article.

(6) The requirement to consult under this article is a local land charge.

(7) The requirement to consult will cease to have effect upon completion of the decommissioning of the authorised development or the final part of it.

(8) In this article—

“exempt applications” means— an application for planning permission which relates to development that— consists of an alteration to an existing building, or the change of use of an existing building or land; and does not involve, or is not likely to involve, any construction engineering or other operations below existing ground level, an application for planning permission which is to be determined by a relevant planning authority in the period of 21 days beginning on the day after the date on which the Order comes into force; and

“relevant planning authority” means the planning authority in receipt of an application for planning permission to which this article applies.

No double recovery

53

Compensation is not payable in respect of the same matter both under this Order and under any other enactment, contract or deed or rule of law, or under two or more different provisions of this Order.

Application, disapplication and modification of legislative provisions

54

Schedule 15 (public general legislation) to this Order, which makes provision applying, modifying and excluding statutory provisions which relate to matters for which provision may be made by this Order, has effect.

Amendment of local legislation

55

(1) Any statutory provision of local application and, in particular, the local enactments specified in Schedule 16 (amendment of local legislation), and any byelaws or other provisions made under any of those enactments, are hereby excluded and do not apply insofar as inconsistent with a provision of, or a power conferred by, this Order.

(2) In particular, a power conferred by this Order may be exercised despite, and without having regard to, a provision made by or by virtue of a specified enactment, or any other statutory provision of local application, that—

(a) requires or permits a specified road, path, passage, bridge, parapet, fence or other place or structure to be kept open or maintained generally or in a specified manner;

(b) requires or permits the provision and maintenance of lights or other apparatus or structures generally or in a specified manner;

(c) prohibits or restricts (or imposes conditions or penalties on or in relation to) the obstruction or removal of, or the causing of damage to, a specified place or structure (or class of places or structures);

(d) prohibits or restricts (or imposes conditions on or in relation to) the erection of structures, or the undertaking of other works, in a specified place or structure (or class of places or structures);

(e) permits or requires a specified place or structure to be closed;

(f) makes provision about the conduct of persons using a specified walkway or other place or structure (or class of places or structures) whether by prohibiting or restricting movement (of persons, vehicles or animals) or otherwise;

(g) specifies a minimum or maximum depth for, or otherwise restricts or imposes conditions in relation to, the laying of pipes or the carrying out of any other works;

(h) prohibits the laying of pipes or the carrying out of any other works generally or without the consent of a specified person;

(i) makes provision about the construction or maintenance of, or any other matter relating to, pipes, drains or other means of connecting with sewers; or

(j) in any other way would or might apply in relation to anything done, or omitted to be done, in the exercise of a power conferred by this Order.

(3) For the purpose of paragraph (1) a provision is inconsistent with the exercise of a power conferred by this Order if and insofar as (in particular)—

(a) it would make it an offence to take action, or not to take action, in pursuance of the power;

(b) action taken in pursuance of the power would cause the provision to apply so as to enable a person to require the taking of remedial or other action or so as to enable remedial or other action to be taken; or

(c) action taken in pursuance of a power or duty under the provision would or might interfere with the exercise of any work authorised by this Order.

(4) Where any person notifies the undertaker in writing that anything done or proposed to be done by the undertaker or by virtue of this Order would amount to a contravention of a statutory provision of local application, the undertaker must as soon as reasonably practicable, and in any event within 14 days of receipt of the notice, respond in writing setting out—

(a) whether the undertaker agrees that the action taken or proposed does or would contravene the provision of local application;

(b) if the undertaker does agree, the grounds (if any) on which the undertaker believes that the provision is excluded by this article; and

Certification of documents

56

(1) National Grid must, as soon as practicable after the making of this Order, submit to the Secretary of State copies of the plans and documents identified in Schedule 17 (certified documents) of this Order for certification as true copies of those plans and documents referred to in this Order.

(2) A plan or document so certified is admissible in any proceedings as evidence of the contents of the document of which it is a copy.

(3) Where any plan or document identified in Schedule 17 is required to be amended to reflect the terms of the Secretary of State’s decision to make this Order, that plan or document in the form amended to the Secretary of State’s satisfaction is the version of the plan or document required to be certified under paragraph (1).

(4) Where a plan or document certified under paragraph (1)—

(a) refers to a provision of this Order (including any specified requirement) when it was in draft form; and

(b) identifies the provision by number or combination of numbers and letters, which is different from the number or combination of numbers or letters by which the corresponding provision of this Order is identified in the Order as made;

the reference in the plan or document concerned must be construed for the purposes of this Order as referring to the provisions (if any) corresponding to that provision in the Order as made.

(5) The undertaker must, following certification of the plans or documents in accordance with paragraph (1), make those plans or documents available in electronic form for inspection by members of the public.

Service of notices

57

(1) A notice or other document required or authorised to be served for the purposes of this Order may be served—

(a) by post;

(b) by delivering it to the person on whom it is to be served or to whom it is to be given or supplied; or

(2) Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.

(3) For the purposes of section 7 of the Interpretation Act 1978[^f00045] as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address, and otherwise—

(a) in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and

(b) in any other case, the last known address of that person at the time of service.

(4) Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and the name or address of that person cannot be ascertained after reasonable enquiry, the notice may be served by—

(a) addressing it to that person by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it); and

(b) either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.

(5) Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission the requirement is taken to be fulfilled only where—

(a) the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission in writing or by electronic transmission;

(b) the notice or document is capable of being accessed by the recipient;

(d) the notice or document is in a form sufficiently permanent to be used for subsequent reference.

(6) Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within seven days of receipt that the recipient requires a paper copy of all or part of that notice or other document, the sender must provide such a copy as soon as reasonably practicable.

(7) Any consent to the use of electronic communication given by a person may be revoked by that person in accordance with paragraph (8).

(8) Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this Order—

(a) that person must give notice in writing or by electronic transmission revoking any consent given by that person for that purpose; and

(b) such revocation is final and takes effect on a date specified by the person in the notice but that date must not be less than seven days after the date on which the notice is given.

(9) This article does not exclude the employment of any method of service not expressly provided for by it.

(10) In this article “legible in all material respects”, in relation to a notice or document, means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served, given or supplied by means of a notice or document in printed form.

Arbitration

58

(1) Subject to article 51 (procedure regarding certain approvals, etc.) and except where otherwise expressly provided for in this Order or unless otherwise agreed between the parties, any difference under any provision of this Order must 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 Secretary of State.

(2) Any matter for which the consent or approval of the Secretary of State is required under any provision of this Order shall not be subject to arbitration.

SCHEDULE 1 — AUTHORISED DEVELOPMENT

A nationally significant infrastructure project as defined in sections 14 and 16 of the 2008 Act and associated development within the meaning of section 115(2) of the 2008 Act, comprising—

TRANSMISSION ELECTRIC LINE

Work No. 1 — Bramford Substation line entries and Route 4YL

Works as shown on Sheets 1, 2, 3, 6 and 8 of the work plans to modify and reconfigure the existing overhead transmission electric line (Route 4YL) from and within Bramford Substation to existing pylon 4YL019 (including transpositions to the north and south of Hintlesham Woods), including—

(a) the dismantling and removal of all existing overhead transmission electric line and pylons including foundations between the existing Bramford Substation gantries and a point indicated as 4YL004A on Sheet 1 of the work plans (and including the existing pylon 4YL004);

(b) the dismantling and removal of all existing overhead transmission electric line and pylons including foundations between a point indicated as 4YL012A on Sheet 3 of the work plans and a point indicated as RB11 on Sheet 3 of the work plans (and including the existing pylon 4YL012);

(c) the dismantling and removal of all existing overhead transmission electric line and pylons including foundations between a point indicated as 4YL018A on Sheet 8 of the work plans and a point indicated as RB16 on Sheet 8 of the work plans (and including the existing pylon 4YL018);

(d) the realignment of the existing Bramford Substation gantries;

(e) the foundations and steelwork to construct new pylons;

(f) the installation of 0.5 kilometres of overhead transmission electric line between the realigned Bramford Substation gantries and a point indicated as new pylon 4YL004A on Sheet 1 of the work plans;

(g) the installation of 2.6 kilometres of overhead transmission electric line between a point indicated as 4YL012A on Sheet 3 of the work plans and a point indicated as 4YL018A on Sheet 8 of the work plans;

(h) the installation of conductors, busbars, switchgear and fittings, including downleads and downdroppers at each realigned gantry, to facilitate connection from the equipment within the gas insulated switchgear building situated within Bramford Substation to a point indicated as new pylon 4YL003C on Sheet 1 of the work plans;

(i) the installation of fibre optic earthwire conductors, with optical fibres terminated in a joint box at a point indicated as new pylon 4YL003C on Sheet 1 of the work plans;

(j) the temporary diversion of the existing overhead transmission electric line to facilitate the works; and

(k) modifications to the existing overhead transmission electric line between a point indicated as 4YL004A on Sheet 1 of the work plans and a point indicated as 4YL007 on Sheet 2 of the work plans, between a point indicated as 4YL011 on Sheet 3 of the work plans and a point indicated as 4YL012A on Sheet 3 of the work plans and between a point indicated as 4YL018A on Sheet 8 of the work plans and a point indicated as 4YL019 on Sheet 8 of the work plans.

Work No. 2 — overhead transmission electric lines from Bramford Substation to the Dedham Vale East Cable Sealing End Compound

Works as shown on Sheets 1, 2, 3, 6 and 8 to 12 (inclusive) of the work plans to construct and install a new overhead transmission electric line from and within Bramford Substation to the two sealing end compound gantries at the Dedham Vale East Cable Sealing End Compound and to modify and reconfigure the existing overhead transmission electric line (Route 4YL), including—

(a) the installation of two new gantries within Bramford Substation;

(b) the foundations and steelwork to construct new pylons;

(c) the installation of 3.6 kilometres of overhead transmission electric line between the two new Bramford Substation gantries and a point indicated as RB11 on Sheet 3 of the work plans;

(d) the installation of 6.6 kilometres of overhead transmission electric line between a point indicated as RB16 on Sheet 8 of the Work Plans and the two sealing end compound gantries at the Dedham Vale East Cable Sealing End Compound;

(e) the installation of conductors, busbars, shunt reactors, switchgear and fittings, including downleads and downdroppers at each new gantry, to facilitate connection to the equipment within the gas insulated switchgear building situated within Bramford Substation;

(f) the installation of conductors, insulators and fittings, including downleads and downdroppers at each gantry to facilitate connection to the equipment within the Dedham Vale East Cable Sealing End Compound;

(g) the installation of fibre optic earthwire conductors, with optical fibres terminated in joint boxes;

(h) the temporary diversion of the existing overhead transmission electric line to facilitate the works; and

(i) modifications to the existing overhead transmission electric line between a point indicated as RB11 on Sheet 3 of the work plans and a point indicated as RB16 on Sheet 8 of the work plans.

Work No. 3 — underground transmission electric line from the Dedham Vale East Cable Sealing End Compound to the Dedham Vale West Cable Sealing End Compound

Works as shown on Sheets 12 to 15 (inclusive) of the work plans to construct and install a new underground transmission electric line (5.5 kilometres in length) in the section of the works between and including the Dedham Vale East Cable Sealing End Compound and the Dedham Vale West Cable Sealing End Compound, including—

(a) the installation of 5.5 kilometres of underground transmission electric line, including cable ducts, joint bays, link pillars, fibre optic earthwire conductors and earthing and protection and control systems, to facilitate a connection between the Dedham Vale East Cable Sealing End Compound and the Dedham Vale West Cable Sealing End Compound;

(b) Dedham Vale East Sealing End Compound sealing end equipment including switchgear and connection to overhead transmission electric line conductors including gantries;

(c) Dedham Vale West Sealing End Compound sealing end equipment including switchgear and connection to overhead transmission electric line conductors including gantries;

(d) Dedham Vale East Cable Sealing End Compound permanent compound, security fencing and gates, within which is situated the sealing end equipment, earthing and protection and control systems, portable relay room, supervisory control and data acquisition communication, switchgear, connection to overhead electric line including fibre optic cable to joint boxes, gantries, transformers, cables, surface troughs, fibre optic cable and joint boxes;

(e) Dedham Vale West Cable Sealing End Compound permanent compound, security fencing and gates, within which is situated the sealing end equipment, earthing and protection and control systems, portable relay room, supervisory control and data acquisition communication, switchgear, connection to overhead electric line including fibre optic cable to joint boxes, gantries, transformers, cables, surface troughs, fibre optic cable and joint boxes;

(f) permanent vehicular access road(s), hardstanding, drainage (including attenuation ponds), and site services, including power supply, for each of the Dedham Vale East Sealing End Compound and the Dedham Vale West Sealing End Compound; and

(g) landscaping, including mitigation planting at each of the Dedham Vale East Sealing End Compound and the Dedham Vale West Sealing End Compound.

Work No. 4 — overhead transmission electric line from Dedham Vale West Cable Sealing End Compound to the Stour Valley East Cable Sealing End Compound

Works as shown on Sheets 15, 16, 17 and 19 of the work plans to construct and install a new overhead transmission electric line between the two sealing end compound gantries at the Dedham Vale West Cable Sealing End Compound and the two sealing end compound gantries at the Stour Valley East Cable Sealing End Compound, including—

(a) the foundations and steelwork to construct new pylons;

(b) the installation of 5.3 kilometres of overhead transmission electric line between the two sealing end compound gantries at the Dedham Vale West Cable Sealing End Compound and the two sealing end compound gantries at the Stour Valley East Cable Sealing End Compound;

(c) the installation of conductors, insulators and fittings, including downleads and downdroppers at each gantry to facilitate connection to the equipment within the Dedham Vale West Cable Sealing End Compound and the Stour Valley East Cable Sealing End Compound; and

(d) the installation of fibre optic earthwire conductors, with optical fibres terminated in joint boxes.

Work No. 5 — underground transmission electric line from the Stour Valley East Cable Sealing End Compound to the Stour Valley West Cable Sealing End Compound

Works as shown on Sheets 19, 20, 21, 27 and 28 of the work plans to construct and install a new underground transmission electric line (5.1 kilometres in length) in the section of the works between and including the Stour Valley East Cable Sealing End Compound and the Stour Valley West Cable Sealing End Compound, including—

(a) the installation of 5.1 kilometres of underground transmission electric line, including cable ducts, joint bays, link pillars, fibre optic earthwire conductors and earthing and protection and control systems, to facilitate a connection between the Stour Valley East Cable Sealing End Compound and the Stour Valley West Cable Sealing End Compound;

(b) Stour Valley East Cable Sealing End Compound sealing end equipment including switchgear and connection to overhead transmission electric line conductors including gantries;

(c) Stour Valley West Cable Sealing End Compound sealing end equipment including switchgear and connection to overhead transmission electric line conductors including gantries;

(d) Stour Valley East Cable Sealing End Compound permanent compound, security fencing and gates, within which is situated the sealing end equipment, earthing and protection and control systems, portable relay room, supervisory control and data acquisition communication, switchgear, connection to overhead electric line including fibre optic cable to joint boxes, gantries, transformers, cables, surface troughs, fibre optic cable and joint boxes;

(e) Stour Valley West Cable Sealing End Compound permanent compound, security fencing and gates, within which is situated the sealing end equipment, earthing and protection and control systems, portable relay room, supervisory control and data acquisition communication, switchgear, connection to overhead electric line including fibre optic cable to joint boxes, gantries, transformers, cables, surface troughs, fibre optic cable and joint boxes;

(f) permanent vehicular access road(s), hardstanding, drainage (including attenuation ponds), and site services, including power supply, for each of the Stour Valley East Cable Sealing End Compound and the Stour Valley West Cable Sealing End Compound; and

(g) landscaping, including mitigation planting at each of the Stour Valley East Cable Sealing End Compound and the Stour Valley West Cable Sealing End Compound.

Work No. 6 — overhead transmission electric line from the Stour Valley West Cable Sealing End Compound to the existing 4YLA overhead transmission electric line (Route 4YLA) southwest of Alphamstone

Works as shown on Sheets 27 and 28 of the work plans to realign the existing overhead transmission electric line (Route 4YLA) between the two sealing end compound gantries at the Stour Valley West Cable Sealing End Compound and a point indicated as 4YLA007 (Route 4YLA), including—

(a) the modification of existing pylon 4YLA007;

(b) the foundations and steelwork to construct new pylon 4YLA006C;

(c) the installation of 0.6 kilometres of overhead transmission electric line between the two sealing end compound gantries at the Stour Valley West Cable Sealing End Compound and a point indicated as 4YLA007 on Sheet 28 of the Work Plans;

(d) the installation of conductors, insulators and fittings, including downleads and downdroppers at each gantry to facilitate connection to the equipment within the Stour Valley West Cable Sealing End Compound; and

(e) the installation of fibre optic earthwire conductors, with optical fibres terminated in joint boxes.

Work No. 7 — removal of existing overhead transmission electric line (Route 4YLA) between the Twinstead Tee and a point to the southwest of Alphamstone

Works as shown on Sheets 21, 27 and 28 of the work plans to allow the removal of 2.5 kilometres of the existing overhead transmission electric line (Route 4YLA) between the Twinstead Tee at a point indicated as 4YL073 and a point to the southwest of Alphamstone indicated as 4YLA007, including—

(a) the modification of existing pylon 4YL073;

(b) the dismantling and removal of all overhead transmission electric line and pylons including foundations between Twinstead Tee commencing at a point indicated as 4YL073 on Sheet 21 of the work plans (but not including pylon 4YL073) and terminating at a point to the southwest of Alphamstone indicated as 4YLA007 on Sheet 28 of the work plans (but not including pylon 4YLA007); and

DISTRIBUTION ELECTRIC LINE

Work No. 8 — removal of existing overhead distribution electric line (Route PCB) between Burstall Bridge and the Twinstead Tee

Works as shown on Sheets 4, 5, 7 to 17 (inclusive), 19, 20, 21 and 22 of the work plans to allow the removal of 25 kilometres of the existing overhead distribution electric line (Route PCB) between Burstall Bridge at a point indicated as PCB5 and a point to the west of Twinstead Tee indicated as PCB89, including—

(a) the modification of existing pylons PCB5 and PCB89;

(b) the dismantling and removal of all overhead distribution electric line and pylons including foundations between Burstall Bridge commencing at a point indicated as PCB5 on Sheet 4 of the work plans (but not including pylon PCB5) and terminating at a point to the west of Twinstead Tee indicated as PCB89 on Sheet 22 of the work plans (but not including pylon PCB89); and

GRID SUPPLY POINT SUBSTATION

Work No. 9 — Grid Supply Point Substation to the east of Wickham St. Paul

Works as shown on Sheet 23 of the work plans to construct the Grid Supply Point Substation between Butler’s Wood and Waldegrave Wood, to the east of Wickham St. Paul, including—

(a) the construction of foundations to support all new structures and equipment;

(b) the installation of two Super Grid Transformers (SGTs);

(d) the construction of gantries for the termination of overhead electric line connections into the Grid Supply Point Substation;

(e) the installation of equipment between gantries and switchgear;

(f) the installation of switchgear and equipment;

(g) the installation of electrical control panels;

(h) the installation of a diesel generator;

(i) the installation of troughs and below ground services;

(j) the installation of new relay rooms, battery rooms, storage rooms and other welfare facilities;

(k) the installation of electric vehicle charging points;

(l) the installation of telecommunications equipment;

(m) the installation of above ground water tanks;

(n) drainage works;

(o) the installation of other site furniture;

(p) the erection of a security fence around the perimeter of the Grid Supply Point Substation;

(q) the construction of site access roads, hardstanding, car parking and roadways;

(r) utility service connections for electricity, communications and potable water and/or connection of power supply made from temporary generators;

(s) utility service connection or on site storage for later disposal of grey water and sanitation;

(t) earthworks including to create platforms for the new Grid Supply Point Substation equipment, structures, landscaping, roads and compounds; and

(u) landscaping, including mitigation planting.

Work No. 10 — modifications to the transmission electric line and connection to the Grid Supply Point Substation

Works as shown on Sheet 23 of the work plans to reconfigure the existing overhead transmission electric line (Route 4YL) adjacent to the Grid Supply Point Substation and to construct a single circuit cable sealing end compound to the southwest of the Grid Supply Point Substation, including—

(a) the modification of existing pylon 4YL080, including the installation of downleads to the Grid Supply Point Substation;

(b) the temporary diversion of 0.7 kilometres of the existing overhead transmission electric line (Route 4YL) to facilitate the dismantling and removal of existing pylon 4YL081 and the installation of new pylon 4YL081A;

(d) the installation of new pylon 4YL081A including foundations, steelwork and associated conductors, downdroppers and downleads, insulators and fittings;

(e) single circuit cable sealing end equipment including switchgear and connection to overhead electric line conductors including gantries;

(f) a permanent single circuit cable sealing end compound, within which is situated the sealing end equipment, earthing and protection and control systems, supervisory control and data acquisition communication, switchgear, connection to overhead electric line including fibre optic cable to joint boxes, gantries, transformers, cables, surface troughs, fibre optic cable and joint boxes;

(g) the installation of a new underground transmission electric line to facilitate a connection between the single circuit cable sealing end compound and the Grid Supply Point Substation;

(h) the installation of telecommunications equipment;

(i) the installation of other site furniture;

(j) the erection of a security fence around the perimeter of the single circuit cable sealing end compound; and

(k) the construction of site access roads, hardstanding, and drainage.

Work No. 11 — modifications to the distribution electric line and connection to the Grid Supply Point Substation

Works as shown on Sheets 23, 25 and 26 of the work plans to modify the existing overhead distribution electric line (Route PCB) between a point indicated as PCB97 and a point indicated as PCB103 and to construct and install a new underground distribution electric line between the Grid Supply Point Substation and the existing overhead distribution electric line (Route PCB), including—

(a) the dismantling and removal of existing pylon PCB98 including foundations;

(b) the temporary diversion of the existing overhead distribution electric line (Route PCB) to facilitate the dismantling and removal of existing pylon PCB98;

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