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
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articles Not indexed
Reform history JSON API
  • (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

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  • (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

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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

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  • (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
  • (c) the extent of that exclusion.

Certification of documents

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  • (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

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  • (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
  • (c) with the written consent of the recipient and subject to paragraphs (5) to (8), by electronic transmission.
  • (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 197845 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;
  • (c) the notice or document is legible in all material respects; and
  • (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

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  • (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
  • (c) the dismantling and removal of conductors, insulators and fittings.

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
  • (c) the dismantling and removal of conductors, insulators and fittings.

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);
  • (c) the installation of support structures;
  • (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;
  • (c) the dismantling and removal of existing pylon 4YL081 including foundations;
  • (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;
  • (c) the installation of a new cable sealing end platform pylon PCB98A including foundations, steelwork and associated conductors, downleads, insulators and fittings;
  • (d) the installation of 1.1 kilometres of new underground distribution 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 Grid Supply Point Substation (Work No. 9) and the new cable sealing end platform pylon PCB98A (at a point indicated as PCB98A on Sheet 23 of the work plans); and
  • (e) modifications to the existing overhead distribution electric line between a point indicated as PCB97 on Sheet 23 of the work plans and a point indicated as PCB103 on Sheet 26 of the work plans.

CONSTRUCTION, MAINTENANCE AND USE

Work No. 12 — Temporary Site Compounds

Works to construct temporary site compounds as part of the authorised development and in each case including—

  • (a) earthworks, soil stripping and storage, ground improvement;
  • (b) car parking, hard standing, roadways and access roads (including construction site services and temporary bridges);
  • (c) drainage works (including attenuation ponds);
  • (d) offices and staff welfare facilities;
  • (e) utility service connections for electricity, communications and potable water and/or connection of power supply made from temporary generators;
  • (f) utility service connection or on site storage for later disposal of grey water and sanitation;
  • (g) emergency electrical generator;
  • (h) materials, tools and fuel storage and laydown areas;
  • (i) assembly areas;
  • (j) plant and equipment storage areas;
  • (k) wheel cleaning facilities;
  • (l) security cabin and fencing and gates;
  • (m) construction and security lighting; and
  • (n) construction waste management facilities.

ASSOCIATED DEVELOPMENT

Such associated development not listed above, within the Order limits, as may be necessary or expedient for the purposes of or in connection with the construction or maintenance of the above Work Nos. or any of them, including—

  • (a) ramps, means of access, footpaths, bridleways, trackways and pontoons;
  • (b) embankment, bridge, aprons, abutments, foundations, retaining walls, drainage, wing walls, fencing and culverts;
  • (c) works to alter the position of apparatus, including mains, sewers, drains, conductors and cables;
  • (d) works to alter the position of UKPN apparatus, including construction and installation, decommissioning and partial removal and alteration of conductors and cables;
  • (e) works to alter the course of, or otherwise interfere with a watercourse, drainage works, attenuation ponds, and temporary culverts;
  • (f) landscaping and other works to mitigate any adverse effects of the construction, maintenance, operation or use of the authorised development, together with means of access;
  • (g) tree and hedgerow planting and maintenance works;
  • (h) works for the benefit or protection of the environment;
  • (i) works for the benefit or protection of land, structures, apparatus or equipment affected by the authorised development (including arcing horns, earthing and works for monitoring);
  • (j) works required for the strengthening, improvement, maintenance, or reconstruction of any streets;
  • (k) works to streets and any alteration, removal or installation of road furniture, including where required to facilitate the construction of temporary accesses;
  • (l) site preparation works, site clearance (including fencing, vegetation removal, demolition of existing buildings or structures and the creation of alternative footpaths), earthworks (including soil stripping and storage, site levelling, ground improvement);
  • (m) establishment of site construction compounds, temporary laydown and storage areas, temporary offices, temporary vehicle parking, construction fencing, perimeter enclosure, security fencing, construction related buildings, welfare facilities, construction and security lighting and haulage roads;
  • (n) establishment of launch pits and/or receiving pits to facilitate the use of horizontal directional drilling techniques to install any underground electric line;
  • (o) wheel cleaning facilities;
  • (p) supervisory control and data acquisition communication equipment;
  • (q) installation of wires, cables, ducts, pipes and conductors, establishment of winching points and the installation of scaffolding; and
  • (r) such other works, including scaffolding, working sites storage areas, and works of demolition (which includes but is not limited to demolition of residential properties), as may be necessary or expedient for the purposes of or in connection with the construction of the authorised development and which do not give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.

SCHEDULE 2 — PLANS

PART 1 — ACCESS, RIGHTS OF WAY AND PUBLIC RIGHTS OF NAVIGATION PLANS

Drawing Title Drawing Number Revision
Key Plan for Access, Rights of Way and Public Rights of Navigation Plans BT-NG-020621-545-0013 A
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 1 of 30 BT-NG-020621-545-0013 A
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 2 of 30 BT-NG-020621-545-0013 A
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 3 of 30 BT-NG-020621-545-0013 A
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 4 of 30 BT-NG-020621-545-0013 A
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 5 of 30 BT-NG-020621-545-0013 A
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 6 of 30 BT-NG-020621-545-0013 A
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 7 of 30 BT-NG-020621-545-0013 A
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 8 of 30 BT-NG-020621-545-0013 A
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 9 of 30 BT-NG-020621-545-0013 A
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 10 of 30 BT-NG-020621-545-0013 A
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 11 of 30 BT-NG-020621-545-0013 A
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 12 of 30 BT-NG-020621-545-0013 A
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 13 of 30 BT-NG-020621-545-0013 A
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 14 of 30 BT-NG-020621-545-0013 A
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 15 of 30 BT-NG-020621-545-0013 A
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 16 of 30 BT-NG-020621-545-0013 A
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 17 of 30 BT-NG-020621-545-0013 A
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 18 of 30 BT-NG-020621-545-0013 A
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 19 of 30 BT-NG-020621-545-0013 A
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 20 of 30 BT-NG-020621-545-0013 A
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 21 of 30 BT-NG-020621-545-0013 A
A1/PRoW/21847/01Access, Rights of Way and Public Rights of Navigation Plans - Sheet 22 of 30 BT-NG-020621-545-0013 A
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 23 of 30 BT-NG-020621-545-0013 A
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 24 of 30 BT-NG-020621-545-0013 A
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 25 of 30 BT-NG-020621-545-0013 A
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 26 of 30 BT-NG-020621-545-0013 A
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 27 of 30 BT-NG-020621-545-0013 A
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 28 of 30 BT-NG-020621-545-0013 A
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 29 of 30 BT-NG-020621-545-0013 A
Access, Rights of Way and Public Rights of Navigation Plans - Sheet 30 of 30 BT-NG-020621-545-0013 A
Access, Rights of Way and Public Rights of Navigation Plans – Plan A BT-NG-020621-545-0013 A
Access, Rights of Way and Public Rights of Navigation Plans – Plan B BT-NG-020621-545-0013 A

PART 2 — LAND PLANS

Drawing Title Drawing Number Revision
Key Plan for Land Plans BT-NG-020621-545-0007 C
Land Plans – Sheet 1 of 30 BT-NG-020621-545-0007 C
Land Plans – Sheet 2 of 30 BT-NG-020621-545-0007 C
Land Plans – Sheet 3 of 30 BT-NG-020621-545-0007 C
Land Plans – Sheet 4 of 30 BT-NG-020621-545-0007 C
Land Plans – Sheet 5 of 30 BT-NG-020621-545-0007 C
Land Plans – Sheet 6 of 30 BT-NG-020621-545-0007 C
Land Plans – Sheet 7 of 30 BT-NG-020621-545-0007 C
Land Plans – Sheet 8 of 30 BT-NG-020621-545-0007 C
Land Plans – Sheet 9 of 30 BT-NG-020621-545-0007 C
Land Plans – Sheet 10 of 30 BT-NG-020621-545-0007 C
Land Plans – Sheet 11 of 30 BT-NG-020621-545-0007 C
Land Plans – Sheet 12 of 30 BT-NG-020621-545-0007 C
Land Plans – Sheet 13 of 30 BT-NG-020621-545-0007 C
Land Plans – Sheet 14 of 30 BT-NG-020621-545-0007 C
Land Plans – Sheet 15 of 30 BT-NG-020621-545-0007 C
Land Plans – Sheet 16 of 30 BT-NG-020621-545-0007 C
Land Plans – Sheet 17 of 30 BT-NG-020621-545-0007 C
Land Plans – Sheet 18 of 30 BT-NG-020621-545-0007 C
Land Plans – Sheet 19 of 30 BT-NG-020621-545-0007 C
Land Plans – Sheet 20 of 30 BT-NG-020621-545-0007 C
Land Plans – Sheet 21 of 30 BT-NG-020621-545-0007 C
Land Plans – Sheet 22 of 30 BT-NG-020621-545-0007 C
Land Plans – Sheet 23 of 30 BT-NG-020621-545-0007 C
Land Plans – Sheet 24 of 30 BT-NG-020621-545-0007 C
Land Plans – Sheet 25 of 30 BT-NG-020621-545-0007 C
Land Plans – Sheet 26 of 30 BT-NG-020621-545-0007 C
Land Plans – Sheet 27 of 30 BT-NG-020621-545-0007 C
Land Plans – Sheet 28 of 30 BT-NG-020621-545-0007 C
Land Plans – Sheet 29 of 30 BT-NG-020621-545-0007 C
Land Plans – Sheet 30 of 30 BT-NG-020621-545-0007 C

PART 3 — SPECIAL CATEGORY LAND PLANS

Drawing Title Drawing Number Revision
Key Plan for Special Category Land Plans BT-WSP-020621-545-0001 A
Special Category Land Plans – Sheet 1 of 6 BT-WSP-020621-545-0001 A
Special Category Land Plans – Sheet 2 of 6 BT-WSP-020621-545-0001 A
Special Category Land Plans – Sheet 3 of 6 BT-WSP-020621-545-0001 A
Special Category Land Plans – Sheet 4 of 6 BT-WSP-020621-545-0001 A
Special Category Land Plans – Sheet 5 of 6 BT-WSP-020621-545-0001 A
Special Category Land Plans – Sheet 6 of 6 BT-WSP-020621-545-0001 A

PART 4 — TRAFFIC REGULATION ORDER PLANS

Drawing Title Drawing Number Revision
Key Plan for Traffic Regulation Order Plans BT-NG-020621-545-0009 A
Traffic Regulation Order Plans – Sheet 1 of 30 BT-NG-020621-545-0009 A
Traffic Regulation Order Plans – Sheet 2 of 30 BT-NG-020621-545-0009 A
Traffic Regulation Order Plans – Sheet 3 of 30 BT-NG-020621-545-0009 A
Traffic Regulation Order Plans – Sheet 4 of 30 BT-NG-020621-545-0009 A
Traffic Regulation Order Plans – Sheet 5 of 30 BT-NG-020621-545-0009 A
Traffic Regulation Order Plans – Sheet 6 of 30 BT-NG-020621-545-0009 A
Traffic Regulation Order Plans – Sheet 7 of 30 BT-NG-020621-545-0009 A
Traffic Regulation Order Plans – Sheet 8 of 30 BT-NG-020621-545-0009 A
Traffic Regulation Order Plans – Sheet 9 of 30 BT-NG-020621-545-0009 A
Traffic Regulation Order Plans – Sheet 10 of 30 BT-NG-020621-545-0009 A
Traffic Regulation Order Plans – Sheet 11 of 30 BT-NG-020621-545-0009 A
Traffic Regulation Order Plans – Sheet 12 of 30 BT-NG-020621-545-0009 A
Traffic Regulation Order Plans – Sheet 13 of 30 BT-NG-020621-545-0009 A
Traffic Regulation Order Plans – Sheet 14 of 30 BT-NG-020621-545-0009 A
Traffic Regulation Order Plans – Sheet 15 of 30 BT-NG-020621-545-0009 A
Traffic Regulation Order Plans – Sheet 16 of 30 BT-NG-020621-545-0009 A
Traffic Regulation Order Plans – Sheet 17 of 30 BT-NG-020621-545-0009 A
Traffic Regulation Order Plans – Sheet 18 of 30 BT-NG-020621-545-0009 A
Traffic Regulation Order Plans – Sheet 19 of 30 BT-NG-020621-545-0009 A
Traffic Regulation Order Plans – Sheet 20 of 30 BT-NG-020621-545-0009 A
Traffic Regulation Order Plans – Sheet 21 of 30 BT-NG-020621-545-0009 A
Traffic Regulation Order Plans – Sheet 22 of 30 BT-NG-020621-545-0009 A
Traffic Regulation Order Plans – Sheet 23 of 30 BT-NG-020621-545-0009 A
Traffic Regulation Order Plans – Sheet 24 of 30 BT-NG-020621-545-0009 A
Traffic Regulation Order Plans – Sheet 25 of 30 BT-NG-020621-545-0009 A
Traffic Regulation Order Plans – Sheet 26 of 30 BT-NG-020621-545-0009 A
Traffic Regulation Order Plans – Sheet 27 of 30 BT-NG-020621-545-0009 A
Traffic Regulation Order Plans – Sheet 28 of 30 BT-NG-020621-545-0009 A
Traffic Regulation Order Plans – Sheet 29 of 30 BT-NG-020621-545-0009 A
Traffic Regulation Order Plans – Sheet 30 of 30 BT-NG-020621-545-0009 A

PART 5 — TREES AND HEDGEROWS TO BE REMOVED OR MANAGED PLANS

Drawing Title Drawing Number Revision
Key Plan for Trees and Hedgerows to be Removed or Managed Plans BT-NG-020621-545-0012 B
Trees and Hedgerows to be Removed or Managed Plans – Sheet 1 of 30 BT-NG-020621-545-0012 B
Trees and Hedgerows to be Removed or Managed Plans – Sheet 2 of 30 BT-NG-020621-545-0012 B
Trees and Hedgerows to be Removed or Managed Plans – Sheet 3 of 30 BT-NG-020621-545-0012 B
Trees and Hedgerows to be Removed or Managed Plans – Sheet 4 of 30 BT-NG-020621-545-0012 B
Trees and Hedgerows to be Removed or Managed Plans – Sheet 5 of 30 BT-NG-020621-545-0012 B
Trees and Hedgerows to be Removed or Managed Plans – Sheet 6 of 30 BT-NG-020621-545-0012 B
Trees and Hedgerows to be Removed or Managed Plans – Sheet 7 of 30 BT-NG-020621-545-0012 B
Trees and Hedgerows to be Removed or Managed Plans – Sheet 8 of 30 BT-NG-020621-545-0012 B
Trees and Hedgerows to be Removed or Managed Plans – Sheet 9 of 30 BT-NG-020621-545-0012 B
Trees and Hedgerows to be Removed or Managed Plans – Sheet 10 of 30 BT-NG-020621-545-0012 B
Trees and Hedgerows to be Removed or Managed Plans – Sheet 11 of 30 BT-NG-020621-545-0012 B
Trees and Hedgerows to be Removed or Managed Plans – Sheet 12 of 30 BT-NG-020621-545-0012 B
Trees and Hedgerows to be Removed or Managed Plans – Sheet 13 of 30 BT-NG-020621-545-0012 B
Trees and Hedgerows to be Removed or Managed Plans – Sheet 14 of 30 BT-NG-020621-545-0012 B
Trees and Hedgerows to be Removed or Managed Plans – Sheet 15 of 30 BT-NG-020621-545-0012 B
Trees and Hedgerows to be Removed or Managed Plans – Sheet 16 of 30 BT-NG-020621-545-0012 B
Trees and Hedgerows to be Removed or Managed Plans – Sheet 17 of 30 BT-NG-020621-545-0012 B
Trees and Hedgerows to be Removed or Managed Plans – Sheet 18 of 30 BT-NG-020621-545-0012 B
Trees and Hedgerows to be Removed or Managed Plans – Sheet 19 of 30 BT-NG-020621-545-0012 B
Trees and Hedgerows to be Removed or Managed Plans – Sheet 20 of 30 BT-NG-020621-545-0012 B
Trees and Hedgerows to be Removed or Managed Plans – Sheet 21 of 30 BT-NG-020621-545-0012 B
Trees and Hedgerows to be Removed or Managed Plans – Sheet 22 of 30 BT-NG-020621-545-0012 B
Trees and Hedgerows to be Removed or Managed Plans – Sheet 23 of 30 BT-NG-020621-545-0012 B
Trees and Hedgerows to be Removed or Managed Plans – Sheet 24 of 30 BT-NG-020621-545-0012 B
Trees and Hedgerows to be Removed or Managed Plans – Sheet 25 of 30 BT-NG-020621-545-0012 B
Trees and Hedgerows to be Removed or Managed Plans – Sheet 26 of 30 BT-NG-020621-545-0012 B
Trees and Hedgerows to be Removed or Managed Plans – Sheet 27 of 30 BT-NG-020621-545-0012 B
Trees and Hedgerows to be Removed or Managed Plans – Sheet 28 of 30 BT-NG-020621-545-0012 B
Trees and Hedgerows to be Removed or Managed Plans – Sheet 29 of 30 BT-NG-020621-545-0012 B
Trees and Hedgerows to be Removed or Managed Plans – Sheet 30 of 30 BT-NG-020621-545-0012 B

PART 6 — WORK PLANS

Drawing Title Drawing Number Revision
Key Plan for Work Plans BT-NG-020621-545-0008 A
Work Plans – Sheet 1 of 30 BT-NG-020621-545-0008 A
Work Plans – Sheet 2 of 30 BT-NG-020621-545-0008 A
Work Plans – Sheet 3 of 30 BT-NG-020621-545-0008 A
Work Plans – Sheet 4 of 30 BT-NG-020621-545-0008 A
Work Plans – Sheet 5 of 30 BT-NG-020621-545-0008 A
Work Plans – Sheet 6 of 30 BT-NG-020621-545-0008 A
Work Plans – Sheet 7 of 30 BT-NG-020621-545-0008 A
Work Plans – Sheet 8 of 30 BT-NG-020621-545-0008 A
Work Plans – Sheet 9 of 30 BT-NG-020621-545-0008 A
Work Plans – Sheet 10 of 30 BT-NG-020621-545-0008 A
Work Plans – Sheet 11 of 30 BT-NG-020621-545-0008 A
Work Plans – Sheet 12 of 30 BT-NG-020621-545-0008 A
Work Plans – Sheet 13 of 30 BT-NG-020621-545-0008 A
Work Plans – Sheet 14 of 30 BT-NG-020621-545-0008 A
Work Plans – Sheet 15 of 30 BT-NG-020621-545-0008 A
Work Plans – Sheet 16 of 30 BT-NG-020621-545-0008 A
Work Plans – Sheet 17 of 30 BT-NG-020621-545-0008 A
Work Plans – Sheet 18 of 30 BT-NG-020621-545-0008 A
Work Plans – Sheet 19 of 30 BT-NG-020621-545-0008 A
Work Plans – Sheet 20 of 30 BT-NG-020621-545-0008 A
Work Plans – Sheet 21 of 30 BT-NG-020621-545-0008 A
Work Plans – Sheet 22 of 30 BT-NG-020621-545-0008 A
Work Plans – Sheet 23 of 30 BT-NG-020621-545-0008 A
Work Plans – Sheet 24 of 30 BT-NG-020621-545-0008 A
Work Plans – Sheet 25 of 30 BT-NG-020621-545-0008 A
Work Plans – Sheet 26 of 30 BT-NG-020621-545-0008 A
Work Plans – Sheet 27 of 30 BT-NG-020621-545-0008 A
Work Plans – Sheet 28 of 30 BT-NG-020621-545-0008 A
Work Plans – Sheet 29 of 30 BT-NG-020621-545-0008 A
Work Plans – Sheet 30 of 30 BT-NG-020621-545-0008 A
Work Plans – Sheet 1 of 1 (Table of Parameters) BT-NG-020621-545-0008 A

SCHEDULE 3 — REQUIREMENTS

Interpretation

1
  • (1) In this Schedule unless the context requires otherwise—
  • “biodiversity metric” means Biodiversity Metric 3.1 as published by Natural England in April 2022;
  • “discharging authority” means the body responsible for giving any consent, agreement or approval required by a requirement included in this Order, or further to any document referred to in any requirement, or the local authority in the exercise of functions set out in sections 60 or 61 of the Control of Pollution Act 197446;
  • “HGV” means lorries over 3.5 tonnes maximum gross weight;
  • “intrusive” means an activity which requires or is facilitated by breaking the surface of the ground;
  • “lead local flood authority” has the same meaning as in section 6(7) of the Flood and Water Management Act 2010;
  • “part” means a given geographical section, component or location of the authorised development;
  • “reinstatement planting” includes, unless otherwise agreed with the relevant planning authority, embedded planting, reinstatement hedgerow or other planting and mitigation planting as each are described in the Landscape and Ecological Management Plan approved pursuant to requirement 4;
  • “reinstatement planting plan” means the plan referenced at requirements 9 and 10 and which provides detail on reinstatement planting to be prepared for each stage of the authorised development;
  • “stage” means a defined stage of the authorised development, the extent of which is shown in a scheme submitted to the relevant planning authority pursuant to requirement 3;
  • “start-up and close down activities” means—arrival and departure of workforce and staff at site and movement to and from places of work;general refuelling of plant;site inspections and safety checks;site meetings inspections and walkovers;site clean-up (site housekeeping that does not require the use of plant);general site maintenance; andlow key maintenance and safety checking of plant and machinery.
  • (2) Where under any of the requirements the approval or agreement of the relevant planning authority or the relevant highway authority is required, that approval or agreement must be given in writing.
  • (3) Where any requirement requires the authorised development to be carried out in accordance or general accordance with matters including a plan, document, or details approved by the relevant planning authority or the relevant highway authority, those matters are to be taken to include any amendments that may subsequently be approved in writing by the relevant planning authority or the relevant highway authority.
  • (4) Where an approval or agreement is required under the terms of any requirement or a document referred to in a requirement, or any requirement specifies “unless otherwise approved” or “unless otherwise agreed” by the relevant highway authority or the relevant planning authority, such approval or agreement may only be given in relation to minor or immaterial changes and where it has been demonstrated to the satisfaction of the relevant highway authority or the relevant planning authority that the subject matter of the approval or agreement sought will not give rise to any materially new or materially different environmental effects from those assessed in the Environmental Statement.
  • (5) Unless otherwise provided in this Order, where a requirement relates to a specific site or work and it specifies “commencement of development”, it refers to the commencement of development on that site or in relation to that work only.

Time Limits

2
  • (1) The authorised development must commence no later than the expiration of five years beginning with the date on which this Order comes into force.
  • (2) 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 (3).
  • (3) Under paragraph (2) 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.
  • (4) Proceedings are not finally determined for the purposes of sub-paragraph (3)(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.

Stages of authorised development

3
  • (1) Unless otherwise agreed with the relevant planning authority, written notice setting out the anticipated programme for the carrying out of pre-commencement operations must be given to the relevant planning authority no less than seven days prior to the date on which those pre-commencement operations are first carried out.
  • (2) The authorised development may not commence until a written scheme setting out all stages of the authorised development has been submitted to the relevant planning authority.
  • (3) Any revisions to the written scheme referred to in sub-paragraph (2) above must be submitted to the relevant planning authority in advance of the commencement of the stage of the authorised development to which the revisions relate.
  • (4) Written notice of the commencement and completion of construction of each stage of the authorised development, and the operational use of each stage of the authorised development, must be given to the relevant planning authority within ten business days of the relevant event occurring.
  • (5) The authorised development must be carried out in accordance with the written scheme submitted further to sub-paragraph (2) or (3) and, to the extent applicable, in general accordance with the written notice submitted further to sub-paragraph (1).

Management Plans

4
  • (1) No stage of the authorised development may commence until, for that stage, the following plans as relevant to that stage, have been submitted to and approved by the relevant planning authority (in consultation with Natural England in the case of the landscape and ecological management plan) or other discharging authority as may be appropriate to the relevant plan concerned and in the case of the construction traffic management plan, the relevant highway authority. The relevant plans are—
  • (a) A construction environmental management plan (which must be substantially in accordance with the outline construction environmental management plan);
  • (b) A materials and waste management plan (which must be substantially in accordance with the outline materials and waste management plan);
  • (c) A construction traffic management plan (which must be substantially in accordance with the outline construction traffic management plan);
  • (d) A landscape and ecological management plan (which must be substantially in accordance with the outline landscape and ecological management plan); and
  • (e) A public right of way management plan (which must be substantially in accordance with the outline public right of way management plan).
  • (2) All construction works forming part of the authorised development must be carried out in accordance with the plans listed in paragraph (1), unless otherwise agreed with the relevant planning authority or other discharging authority as may be appropriate to the relevant plan concerned, and in the case of the construction traffic management plan, the relevant highway authority.
  • (3) For the avoidance of doubt, all pre-commencement operations must be carried out in accordance with the outline construction environmental management plan, the outline materials and waste management plan, the outline construction traffic management plan, the outline landscape and ecological management plan and the outline public right of way management plan unless otherwise agreed with the relevant planning authority or other discharging authority as may be appropriate to the relevant plan concerned, and in the case of the construction traffic management plan, the relevant highway authority.

Approval and implementation of Drainage Management Plan

5
  • (1) No stage of the authorised development may be brought into operational use until, for that stage, a drainage management plan, to address operational surface water management matters, has been submitted to and approved by the relevant planning authority, after consultation with the lead local flood authority and the relevant highway authority.
  • (2) The operational use of each stage of the authorised development must be carried out in accordance with the approved drainage management plan referred to in sub-paragraph (1) or with any amended drainage management plan that may subsequently be approved by the relevant planning authority, after consultation with the lead local flood authority and the relevant highway authority.

Archaeology

6
  • (1) The authorised development must be undertaken in accordance with the archaeological framework strategy and the outline written scheme of investigation.
  • (2) No stage of the authorised development may commence until either a preservation in situmanagement plan, or a detailed written scheme of investigation of areas of archaeological interest relevant to that stage (if any), as identified within the outline written scheme of investigation or identified through evaluation work as set out in the outline written scheme of investigation has been submitted to and approved by the relevant planning authority.
  • (3) Any detailed archaeological works must be carried out in accordance with the approved detailed written scheme of investigation for that stage.
  • (4) The detailed written scheme of investigation must be in accordance with the outline written scheme of investigation and must identify areas where archaeological works are required and the measures to be taken to protect, record or preserve any significant archaeological remains that may be found and must include—
  • (a) an assessment of significance and research questions;
  • (b) the programme of methodology of site investigation and reporting;
  • (c) the programme for post-investigation assessment;
  • (d) proposals for providing for the analysis of site investigation and recording;
  • (e) proposals for providing archive deposition of the analysis and records of the site investigation;
  • (f) nomination of a competent person or persons/organisation to undertake the works set out within the detailed written scheme of investigation; and
  • (g) an implementation timetable.

Construction hours

7
  • (1) Subject to sub-paragraphs (2) to (5), work may only take place between 07.00 and 19.00 Monday to Friday and between 08.00 and 17.00 on Saturdays, Sundays and bank holidays (the core working hours), unless otherwise approved by the relevant planning authority.
  • (2) No piling operations may take place between 19.00 and 07.00, or on Sundays, bank holidays or other public holidays, and, unless otherwise agreed with the local highway authority, no HGV deliveries may be made to site between 19.00 and 07.00, or on Sundays, bank holidays or other public holidays.
  • (3) The following operations may take place outside the core working hours referred to in sub-paragraph (1)—
  • (a) trenchless crossing operations including beneath highways, railway lines, woodlands or watercourses;
  • (b) the installation and removal of conductors, pilot wires and associated protective netting across highways, railway lines or watercourses;
  • (c) the jointing of underground cables (save for the cutting of underground cables);
  • (d) the continuation of operations commenced during the core working hours to a point where they can safely be paused;
  • (e) any highway works requested by the highway authority to be undertaken on a Saturday, Sunday or a bank holiday or outside the core working hours;
  • (f) the testing or commissioning of any electrical plant installed as part of the authorised development;
  • (g) the completion of works delayed or held up by severe weather conditions which disrupted or interrupted normal construction activities that the undertaker and its contractor agree forms the critical path for the accepted construction programme. In such cases, the undertaker must, as soon as practicable, notify the relevant planning authority of the disruption or interruption and explain why that work could not be completed within the core working hours referred to in sub-paragraph (1);
  • (h) activity necessary in the instance of an emergency where there is a risk to persons or property;
  • (i) security monitoring;
  • (j) non-intrusive surveys; and
  • (k) intrusive surveys, in the instance of an emergency where there is a risk to persons or property or following a request made by the relevant planning authority.
  • (4) The core working hours referred to in sub-paragraph (1) exclude start-up and close down activities up to one hour either side of the core working hours. A 50dBA noise limit (LOAEL) will apply at the nearest noise-sensitive receptors for start-up and close down activities up to one hour either side of the core working hours.
  • (5) No construction activities may take place between 19.00 and 07.00, or on Sundays, bank holidays or other public holidays at—
  • (a) pylon PCB 64;
  • (b) pylon 4Y004A;
  • (c) pylon RB44;
  • (d) pylon RB7;
  • (e) pylon RB33;
  • (f) pylon RB25; and
  • (g) pylon 4YLA002,

as shown on Figure 4.1 in the environmental statement figures (document reference 6.4(B)).

  • (6) The severe weather conditions referred to in sub-paragraph 3(g) means any weather which prevents work from taking place during the core working hours referred to in sub-paragraph (1) by reason of physical incapacity (whether for reasons of visibility, ground conditions, power availability, site access or otherwise) or being contrary to safe working practices.

Retention and removal of trees, woodlands and hedgerows

8
  • (1) Unless otherwise agreed with the relevant planning authority, no stage of the authorised development may commence until, for that stage, a plan showing the trees, groups of trees, woodlands and hedgerows to be retained and/or removed during that stage has been submitted to and approved by the relevant planning authority.
  • (2) The plan submitted under sub-paragraph (1) must include details of the location, species and condition of the trees, groups of trees, woodlands and hedgerows to be removed and retained during that stage of the authorised development.
  • (3) The plan submitted under sub-paragraph (1) must be in accordance with the outline landscape and ecological management plan (or the final landscape and ecological management plan if approved pursuant to requirement 4) and the trees and hedgerows to be removed or managed plans.
  • (4) All trees, groups of trees, woodlands and hedgerows shown on the relevant plan for that stage of the authorised development must be retained and/or removed in accordance with the relevant plan for that stage of the authorised development, unless otherwise approved by the relevant planning authority.

Reinstatement planting plan

9
  • (1) Unless otherwise agreed with the relevant planning authority, no stage of the authorised development may be brought into operational use until, for that stage, a reinstatement planting plan for trees, groups of trees, woodlands and hedgerows to be reinstated during that stage has been submitted to and approved by the relevant planning authority.
  • (2) Unless otherwise agreed with the relevant planning authority, the reinstatement planting plan submitted under sub-paragraph (1) must include a landscape plan for each cable sealing end compound where relevant to that stage, which will show landscape mounds, planting and proposed finishes for hard landscape features.
  • (3) The reinstatement planting plan submitted under sub-paragraphs (1) and (2) must include a schedule of trees, hedgerows or other plants or seedlings to be planted, noting numbers, species, sizes and planting density of any proposed planting or seedlings.
  • (4) The reinstatement planting plan submitted under sub-paragraphs (1) and (2) must be in general accordance with the outline landscape and ecological management plan (or the final landscape and ecological management plan if approved pursuant to requirement 4).

Reinstatement planting plan– implementation, compliance and replacement planting

10
  • (1) Unless otherwise agreed with the relevant planning authority, all reinstatement planting works referred to in requirement 9 must be implemented at the earliest opportunity and no later than by the first available planting season after that part of the authorised development to which the reinstatement planting works apply is first brought into operational use.
  • (2) All reinstatement planting works referred to in requirement 9 must be carried out in accordance with the relevant reinstatement planting plan for that stage of the authorised development, unless otherwise approved by the relevant planning authority.
  • (3) All reinstatement planting works referred to in requirement 9 must be implemented, monitored and maintained in accordance with the ‘Aftercare’ section of the landscape and ecological management plan approved pursuant to requirement 4.
  • (4) Any trees or hedgerows planted as part of an approved reinstatement planting plan that, within a period of five years after planting (or such other period as is specified in the landscape and ecological management plan approved pursuant to requirement 4), are removed, die or become in the opinion of the relevant planning authority seriously damaged or diseased, must be replaced in the first available planting season with a specimen of the same species and size as that originally planted, unless otherwise approved by the relevant planning authority.

Highway works

11
  • (1) No work to construct, alter or temporarily alter any highway, including any new or existing means of access to a highway to be used by vehicular traffic, may commence until written details of design, layout and reinstatement of those highway works have been submitted to and approved by the relevant highway authority.

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