The Tillbridge Solar Order 2025
| (1) Area | (2) Number of hedgerow and extent of removal | (3) Purpose of removal |
|---|---|---|
| West Lindsey District Council | Removal of up to 11m and 10m of the hedgerow H156 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 1 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 20m of the hedgerow H037 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 1 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 7m of the hedgerow H034 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 1 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 4m of the hedgerow H112 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 1 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 7m of the hedgerow H111 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 1 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 40m of the hedgerow H110 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 1 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 7m of the hedgerow H033 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 1 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 30m of the hedgerow H029 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 1 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 2m of the hedgerow H149 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 1 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 30m and 47m of the hedgerow H030 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 1 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 282m of the hedgerow H150 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 1 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 6m of the hedgerow H151 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 1 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 6m of the hedgerow H152 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 1 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 10m of the hedgerow H153 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 1 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 9m and 5m of the hedgerow H099b within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 1 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 6m of the hedgerow H091 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 2 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 41m of the hedgerow H089b within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 2 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 18m and 36m of the hedgerow H093 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 2 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 26m of the hedgerow H077 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 2 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 10m of the hedgerow H095 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 2 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 10m of the hedgerow H096 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 2 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 2m of the hedgerow H079a within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 2 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 60m of the hedgerow H073 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 3 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 26m of the hedgerow H063 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 3 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 23m of the hedgerow H064 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 3 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 10m and 67m of the hedgerow H122 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheets 3 and 7 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 14m of the hedgerow H072a within the Order limits as shown approximately within the Hedgerow Removal Plan Sheets 3 and 7 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 5m of the hedgerow H154 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 5 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 6m of the hedgerow H089a within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 5 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 8m of the hedgerow H088 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 5 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 9m of the hedgerow H136 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 5 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 4m of the hedgerow H137 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 5 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 16m of the hedgerow H143 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 5 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 47m of the hedgerow H084 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 6 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 39m of the hedgerow H073 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 6 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 7m of the hedgerow H025 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 6 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 9m and 40m of the hedgerow H121 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 6 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 69m of the hedgerow H119 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 7 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 39m of the hedgerow In T1 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 7 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 8m of the hedgerow H162b within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 8 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 14m of the hedgerow H250a within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 8 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 54m of the hedgerow H171 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 8 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 52m of the hedgerow H173 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 8 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 50m of the hedgerow H175 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 8 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 50m of the hedgerow H177 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 8 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 29m of the hedgerow H179 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 8 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 7m and 40m of the hedgerow H129 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 9 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 8m of the hedgerow H131 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 9 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 43m of the hedgerow H125 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 9 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 117m of the hedgerow H180 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 9 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 30m of the hedgerow H045 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 9 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 9m of the hedgerow H040 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 10 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 1m of the hedgerow LoT2a within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 10 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 46m of the hedgerow H185 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 13 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 34m of the hedgerow H370 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 13 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 34m of the hedgerow H371 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 13 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 31m and 54m of the hedgerow H372 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 13 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 43m of the hedgerow H373 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 13 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 53m of the hedgerow H187 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 13 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 40m of the hedgerow H188 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 13 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 40m of the hedgerow H189 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 13 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 51m and 26m of the hedgerow H192 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 13 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 13m of the hedgerow H193 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 13 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 52m of the hedgerow H194 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheets 13 and 14 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 51m of the hedgerow H195 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheets 13 and 14 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 27m of the hedgerow H382 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheets 13 and 15 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 30m of the hedgerow H263 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheets 13 and 15 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 55m of the hedgerow LoT06 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 14 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 50m of the hedgerow H200 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 14 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 47m of the hedgerow H202 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 14 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 15m of the hedgerow H269 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheets 14 and 15 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 23m of the hedgerow H273 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheets 14 and 15 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 17m of the hedgerow H276 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 15 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 38m of the hedgerow H376 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 16 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 45m of the hedgerow H377 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 16 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 32m of the hedgerow H378 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 16 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 28m of the hedgerow H219 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 16 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 172m of the hedgerow H220 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheets 16 and 17 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 45m of the hedgerow H221 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheets 16 and 17 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 51m of the hedgerow H225 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 17 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 3m of the hedgerow H229 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 17 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 5m and 54m of the hedgerow H230 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 17 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 51m of the hedgerow H231 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 17 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 52m of the hedgerow H236 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheets 17 and 18 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 12m of the hedgerow H237 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheets 17 and 18 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 30m of the hedgerow H238 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheets 17 and 18 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 55m of the hedgerow H238 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 18 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 91m of the hedgerow H239 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 18 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 11m of the hedgerow H381 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 18 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 304m of the hedgerow H384 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 18 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 53m and 7m of the hedgerow H386 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 18 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 8m of the hedgerow H387 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 18 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 49m of the hedgerow H300 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 19 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 47m of the hedgerow H301 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 19 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 29m of the hedgerow H302 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 19 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 49m of the hedgerow H302 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 19 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 56m of the hedgerow H311 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 19 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 33m of the hedgerow H313 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 19 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 65m of the hedgerow H308 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 19 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 100m of the hedgerow H312 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 19 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 38m of the hedgerow H319 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 19 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 44m of the hedgerow H319 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheets 19 and 20 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 48m of the hedgerow H318 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 19 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 48m of the hedgerow H321 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 19 of 24 | To facilitate construction of the authorised development |
| Bassetlaw District Council | Removal of up to 93m of the hedgerow H329 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 21 of 24 | To facilitate construction of the authorised development |
| Bassetlaw District Council | Removal of up to 95m of the hedgerow H331 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 21 of 24 | To facilitate construction of the authorised development |
| Bassetlaw District Council | Removal of up to 33m of the hedgerow H334 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 21 of 24 | To facilitate construction of the authorised development |
| Bassetlaw District Council | Removal of up to 7m of the hedgerow H334a within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 21 of 24 | To facilitate construction of the authorised development |
| Bassetlaw District Council | Removal of up to 25m of the hedgerow H334c within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 21 of 24 | To facilitate construction of the authorised development |
| Bassetlaw District Council | Removal of up to 41m of the hedgerow H336 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 21 of 24 | To facilitate construction of the authorised development |
| Bassetlaw District Council | Removal of up to 190m and 130m of the hedgerow H343 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheets 21 and 22 of 24 | To facilitate construction of the authorised development |
| Bassetlaw District Council | Removal of up to 64m of the hedgerow H347 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheets 22 and 23 of 24 | To facilitate construction of the authorised development |
| Bassetlaw District Council | Removal of up to 52m of the hedgerow H358 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheets 23 and 24 of 24 | To facilitate construction of the authorised development |
| Bassetlaw District Council | Removal of up to 54m of the hedgerow H359 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheets 23 and 24 of 24 | To facilitate construction of the authorised development |
| Bassetlaw District Council | Removal of up to 8m of the hedgerow H360 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 23 of 24 | To facilitate construction of the authorised development |
| Bassetlaw District Council | Removal of up to 50m, 46m, 52m and 51m of the hedgerow H361 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 23 of 24 | To facilitate construction of the authorised development |
| Bassetlaw District Council | Removal of up to 10m of the hedgerow H362 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 23 of 24 | To facilitate construction of the authorised development |
| Bassetlaw District Council | Removal of up to 49m of the hedgerow H363 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 23 of 24 | To facilitate construction of the authorised development |
| Bassetlaw District Council | Removal of up to 51m of the hedgerow H365 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 23 of 24 | To facilitate construction of the authorised development |
| Bassetlaw District Council | Removal of up to 47m of the hedgerow H367 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 23 of 24 | To facilitate construction of the authorised development |
| Bassetlaw District Council | Removal of up to 29m of the hedgerow H369 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 23 of 24 | To facilitate construction of the authorised development |
| Bassetlaw District Council | Removal of up to 7m of the hedgerow H383 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 24 of 24 | To facilitate construction of the authorised development |
| Bassetlaw District Council | Removal of up to 3m of the hedgerow H358 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 24 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 25m and 28m and 42m of the hedgerow H029 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 1 of 24 | To facilitate construction of the authorised development |
| West Lindsey District Council | Removal of up to 11m and 7m of the hedgerow H030 within the Order limits as shown approximately within the Hedgerow Removal Plan Sheet 1 of 24 | To facilitate construction of the authorised development |
SCHEDULE 13 — DOCUMENTS AND PLANS TO BE CERTIFIED
| (1) Document name | (2) Document reference | (3) Revision number | (4) Date |
|---|---|---|---|
| Land and Crown Land Plans | EN010142/APP/2.2 | 1 | September 2024 |
| Works Plans | EN010142/APP/2.3 | 4 | April 2025 |
| Streets, Rights of Way and Access Plans | EN010142/APP/2.4 | 3 | October 2024 |
| Traffic Regulation Measures Plan | EN010142/APP/2.5 | 3 | October 2024 |
| Hedgerow Removal Plan | EN010142/APP/2.9 | 1 | September 2024 |
| Book of Reference | EN010142/APP/4.3 | 5 | April 2025 |
| Environmental Statement (other than those listed individually below) | EN010142/APP/6.1 | 0 | April 2024 |
| Environmental Statement Chapter 3: Scheme Description of the ES | EN010142/APP/6.1 | 3 | January 2025 |
| Environmental Statement Chapter 10: Water Environment | EN010142/APP/6.1 | 1 | December 2024 |
| Environmental Statement Chapter 12: Landscape and Visual Assessment | EN010142/APP/6.1 | 2 | January 2025 |
| Environmental Statement Chapter 13: Noise and Vibration | EN010142/APP/6.1 | 1 | June 2024 |
| Environmental Statement Chapter 18: Cumulative Effects and Interactions | EN010142/APP/6.1 | 4 | April 2025 |
| Environmental Statement Chapter 19: Summary of Significant Environmental Effects | EN010142/APP/6.1 | 1 | December 2024 |
| Technical Appendices (other than those listed individually below) | EN010142/APP/6.2 | 0 | April 2024 |
| Appendix 8-5-1: Principal Site Geophysical Report (Part 1) | EN010142/APP/6.2 | 1 | June 2024 |
| Appendix 8-5-2: Cable Route Corridor Geophysical Survey Report | EN010142/APP/6.2 | 1 | June 2024 |
| Appendix 9-5: Baseline Report for Great Crested Newts | EN010142/APP/6.2 | 1 | June 2024 |
| Appendix 9-12: Habitat Regulations Assessment Report | EN010142/APP/6.2 | 2 | December 2024 |
| Appendix 10-3: Flood Risk Assessment | EN010142/APP/6.2 | 2 | January 2025 |
| Appendix 10-4: Outline Drainage Strategy | EN010142/APP/6.2 | 0 | April 2024 |
| Appendix 12-6: LVIA Assessment of Visual Effects | EN010142/APP/6.2 | 1 | December 2024 |
| Appendix 12-7: Arboricultural Impact Assessment Part 1, 2 and 3 | EN010142/APP/6.2 | 1 | April 2025 |
| Appendix 13-4: Noise Modelling | EN010142/APP/6.2 | 1 | June 2024 |
| Figures (other than those listed individually below) | EN010142/APP/6.3 | 0 | April 2024 |
| Figure 2-2: Environmental Constraints Plan | EN010142/APP/6.3 | 1 | June 2024 |
| Figure 3-1: Indicative Principal Site Layout Plan | EN010142/APP/6.3 | 2 | April 2025 |
| Figure 3-7: Access Locations | EN010142/APP/6.3 | 1 | September 2024 |
| Figure 3-12: Trenchless Crossing Cross Sections | EN010142/APP/6.3 | 1 | October 2024 |
| Figure 4-2: Outcome of Planning and Environmental Constraints Mapping | EN010142/APP/6.3 | 1 | June 2024 |
| Figure 4-3: Zones Suitable for Solar Development | EN010142/APP/6.3 | 1 | June 2024 |
| Figure 10-5: Watercourses, Flood Zones and Internal Drainage Boards | EN010142/APP/6.3 | 1 | October 2024 |
| Figure 12-4: A-H Zones of Theoretical Visibility | EN010142/APP/6.3 | 1 | June 2024 |
| Figure 12-5: Topography and Watercourses | EN010142/APP/6.3 | 1 | December 2024 |
| Figure 12-7: Public Rights of Way | EN010142/APP/6.3 | 1 | December 2024 |
| Figure 12-11: Local Landscape Character Areas (Defined by the Applicant) | EN010142/APP/6.3 | 1 | June 2024 |
| Figure 12-13: Q-V Reference Viewpoint Photography | EN010142/APP/6.3 | 0 | June 2024 |
| Figure 12-13: W-CC Reference Viewpoint Photography | EN010142/APP/6.3 | 0 | June 2024 |
| Figure 13-2: Operational Noise Contours | EN010142/APP/6.3 | 1 | June 2024 |
| Figure 16-3: Proposed HGV Routes – Principal Site and Cable Route Corridor | EN010142/APP/6.3 | 1 | June 2024 |
| Figure 16-4: Local Highway Network | EN010142/APP/6.3 | 1 | June 2024 |
| Figure 16-8: Selected Bus Stops and Routes Closet to the Scheme | EN010142/APP/6.3 | 1 | June 2024 |
| Figure 18-5: Transport Cumulative Traffic Routes | EN010142/APP/6.3 | 2 | February 2025 |
| Outline Design Principles Statement | EN010142/APP/7.4 | 3 | January 2025 |
| Framework Construction Environmental Management Plan | EN010142/APP/7.8 | 3 | February 2025 |
| Framework Operational Environmental Management Plan | EN010142/APP/7.9 | 4 | April 2025 |
| Framework Decommissioning Environmental Management Plan | EN010142/APP/7.10 | 3 | February 2025 |
| Framework Construction Traffic Management Plan | EN010142/APP/7.11 | 5 | February 2025 |
| Framework Soil Management Plan | EN010142/APP/7.12 | 2 | April 2025 |
| Framework Battery Safety Management Plan | EN010142/APP/7.13 | 1 | January 2025 |
| Framework Public Rights of Way Management Plan | EN010142/APP/7.16 | 1 | December 2024 |
| Framework Landscape and Ecological Management Plan | EN010142/APP/7.17 | 6 | April 2025 |
| Framework Skills, Supply Chain and Employment Plan | EN010142/APP/7.18 | 0 | April 2024 |
| Archaeological Mitigation Strategy | EN010142/APP/7.18 | 0 | October 2024 |
SCHEDULE 14 — ARBITRATION RULES
Commencing an arbitration
1
The arbitration is deemed to have commenced when a party (“the claimant”) serves a written notice of arbitration on the other party (“the respondent”).
Time periods
2
- (1) All time periods in these arbitration rules are measured in days and include weekends, but not bank or public holidays.
- (2) Time periods are calculated from the day after the arbitrator is appointed which is either—
- (a) the date the arbitrator notifies the parties in writing of his/her acceptance of an appointment by agreement of the parties; or
- (b) the date the arbitrator is appointed by the Secretary of State.
Timetable
3
- (1) The timetable for the arbitration is that which is set out in sub-paragraphs (2) to (4) below unless amended in accordance with paragraph 5(3).
- (2) Within 14 days of the arbitrator being appointed, the claimant must provide both the respondent and the arbitrator with—
- (a) a written statement of claim which describes the nature of the difference between the parties, the legal and factual issues, the claimant’s contentions as to those issues, the amount of its claim or the remedy it is seeking;
- (b) all statements of evidence and copies of all documents on which it relies, including contractual documentation, correspondence (including electronic documents), legal precedents and expert witness reports.
- (3) Within 14 days of receipt of the claimant’s statements under sub-paragraph (2) by the arbitrator and respondent, the respondent must provide the claimant and the arbitrator with—
- (a) a written statement of defence consisting of a response to the claimant’s statement of claim, its statement in respect of the nature of the difference, the legal and factual issues in the claimant’s claim, its acceptance of any elements of the claimant’s claim and its contentions as to those elements of the claimant’s claim it does not accept;
- (b) all statements of evidence and copies of all documents on which it relies, including contractual documentation, correspondence (including electronic documents), legal precedents and expert witness reports;
- (c) any objection it wishes to make to the claimant’s statements, comments on the claimant’s expert reports (if submitted by the claimant) and explanations of the objections.
- (4) Within seven days of the respondent serving its statements under sub-paragraph (3), the claimant may make a statement of reply by providing both the respondent and the arbitrator with—
- (a) a written statement responding to the respondent’s submissions, including its reply in respect of the nature of the difference, the issues (both factual and legal) and its contentions in relation to the issues;
- (b) all statements of evidence and copies of documents in response to the respondent’s submissions;
- (c) any expert report in response to the respondent’s submissions;
- (d) any objections to the statements of evidence, expert reports or other documents submitted by the respondent; and
- (e) its written submissions in response to the legal and factual issues involved.
Procedure
4
- (1) The parties’ pleadings, witness statements and expert reports (if any) must be concise. A single pleading must not exceed 30 single-sided A4 pages using 10pt Arial font.
- (2) The arbitrator will make an award on the substantive differences based solely on the written material submitted by the parties unless the arbitrator decides that a hearing is necessary to explain or resolve any matters.
- (3) Either party may, within two days of delivery of the last submission, request a hearing giving specific reasons why it considers a hearing is required.
- (4) Within seven days of receiving the last submission, the arbitrator must notify the parties whether a hearing is to be held and the length of that hearing.
- (5) Within ten days of the arbitrator advising the parties that a hearing is to be held, the date and venue for the hearing are to be fixed by agreement with the parties, save that if there is no agreement the arbitrator must direct a date and venue which the arbitrator considers is fair and reasonable in all the circumstances. The date for the hearing must not be less than 35 days from the date of the arbitrator’s direction confirming the date and venue of the hearing.
- (6) A decision must be made by the arbitrator on whether there is any need for expert evidence to be submitted orally at the hearing. If oral expert evidence is required by the arbitrator, then any experts attending the hearing may be asked questions by the arbitrator.
- (7) There is to be no examination or cross-examination of experts, but the arbitrator must invite the parties to ask questions of the experts by way of clarification of any answers given by the experts in response to the arbitrator’s questions. Prior to the hearing in relation to the experts—
- (a) at least 28 days before a hearing, the arbitrator must provide a list of issues to be addressed by the experts;
- (b) if more than one expert is called, they will jointly confer and produce a joint report or reports within 14 days of the issues being provided; and
- (c) the form and content of a joint report must be as directed by the arbitrator and must be provided at least seven days before the hearing.
- (8) Within 14 days of a hearing or a decision by the arbitrator that no hearing is to be held the parties may by way of exchange provide the arbitrator with a final submission in connection with the matters in dispute and any submissions on costs. The arbitrator must take these submissions into account in the award.
- (9) The arbitrator may make other directions or rulings as considered appropriate in order to ensure that the parties comply with the timetable and procedures to achieve an award on the substantive difference within four months of the date on which the arbitrator is appointed, unless both parties otherwise agree to an extension to the date for the award.
- (10) If a party fails to comply with the timetable, procedure or any other direction then the arbitrator may continue in the absence of a party or submission or document, and may make a decision on the information before the arbitrator attaching the appropriate weight to any evidence submitted beyond any timetable or in breach of any procedure or direction.
- (11) The arbitrator’s award must include reasons. The parties must accept that the extent to which reasons are given must be proportionate to the issues in dispute and the time available to the arbitrator to deliver the award.
Arbitrator’s powers
5
- (1) The arbitrator has all the powers of the Arbitration Act 1996, save where modified in this Schedule.
- (2) There must be no discovery or disclosure, except that the arbitrator is to have the power to order the parties to produce such documents as are reasonably requested by another party no later than the statement of reply, or by the arbitrator, where the documents are manifestly relevant, specifically identified and the burden of production is not excessive. Any application and orders should be made by way of a Redfern Schedule without any hearing.
- (3) Any time limits fixed in accordance with this procedure or by the arbitrator may be varied by agreement between the parties, subject to any such variation being acceptable to and approved by the arbitrator. In the absence of agreement, the arbitrator may vary the timescales or procedure—
- (a) if the arbitrator is satisfied that a variation of any fixed time limit is reasonably necessary to avoid a breach of the rules of natural justice and then;
- (b) only for such a period that is necessary to achieve fairness between the parties.
- (4) On the date the award is made, the arbitrator will notify the parties that the award is completed, signed and dated, and that it will be issued to the parties on receipt of cleared funds for the arbitrator’s fees and expenses.
Costs
6
- (1) The costs of the arbitration must include the fees and expenses of the arbitrator, the reasonable fees and expenses of any experts and the reasonable legal and other costs incurred by the parties for the arbitration.
- (2) Where the difference involves connected or interrelated issues, the arbitrator must consider the relevant costs collectively.
- (3) The final award must fix the costs of the arbitration and decide which of the parties are to bear them or in what proportion they are to be borne by the parties.
- (4) The arbitrator must award recoverable costs on the general principle that each party should bear its own costs, having regard to all material circumstances, including such matters as exaggerated claims or defences, the degree of success for different elements of the claims, claims that have incurred substantial costs, the conduct of the parties and the degree of success of a party.
Confidentiality
7
- (1) Subject to sub-paragraphs (2) and (3), any arbitration hearing and documentation will be open to and accessible by the public.
- (2) The arbitrator may direct that the whole or part of a hearing is to be private or any documentation to be confidential where it is necessary in order to protect commercially sensitive information.
- (3) Nothing in this paragraph will prevent any disclosure of a document by a party pursuant to an order of a court in England and Wales or where disclosure is required under any enactment.
SCHEDULE 15 — PROTECTIVE PROVISIONS
PART 1 — FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
1
For the protection of the utility undertakers referred to in this Part of this Schedule, (save for any utility undertakers which are specifically protected by any other Part of this Schedule, which will take precedence) the following provisions have effect, unless otherwise agreed in writing between the undertaker and the utility undertakers concerned.
2
In this Part of this Schedule—
- “alternative apparatus” means apparatus adequate to enable the utility undertaker in question to fulfil its statutory functions in a manner not less efficient than previously;
- “apparatus” means— in the case of an electricity undertaker, electric lines or electrical plant (as defined in the 1989 Act), belonging to or maintained by that utility undertaker; in the case of a gas undertaker, any mains, pipes or other apparatus belonging to or maintained by a gas transporter for the purposes of gas supply; in the case of a water undertaker— mains, pipes or other apparatus belonging to or maintained by that utility undertaker for the purposes of water supply; and any water mains or service pipes (or part of a water main or service pipe) that is the subject of an agreement to adopt made under section 51A of the Water Industry Act 1991; in the case of a sewerage undertaker— any drain or works vested in the utility undertaker under the Water Industry Act 1991; and any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) of that Act or an agreement to adopt made under section 104 of that Act, and includes a sludge main, disposal main (within the meaning of section 219 of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works, and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus; and any other mains, pipelines or cables that are not the subject of the protective provisions in Parts 2 to 19 of this Schedule;
- “functions” includes powers and duties;
- “in”, in a context referring to apparatus or alternative apparatus in land, includes a reference to apparatus or alternative apparatus under, over or upon land; and
- “utility undertaker” means— any licence holder within the meaning of Part 1 of the 1989 Act; a gas transporter within the meaning of Part 1 of the Gas Act 1986; water undertaker within the meaning of the Water Industry Act 1991; a sewerage undertaker within the meaning of Part 1 of the Water Industry Act 1991; and an owner or operator of apparatus within paragraph (e) of the definition of that term, for the area of the authorised development, and in relation to any apparatus, means the utility undertaker to whom it belongs or by whom it is maintained.
3
This Part of this Schedule does not apply to apparatus in respect of which the relations between the undertaker and the utility undertaker are regulated by the provisions of Part 3 of the 1991 Act.
4
Regardless of the temporary prohibition or restriction of use of streets under the powers conferred by article 12 (temporary prohibition or restriction of the use of streets and public rights of way), a utility undertaker is at liberty at all times to take all necessary access across any such street and to execute and do all such works and things in, upon or under any such street as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the prohibition or restriction was in that street.
5
Regardless of any provision in this Order or anything shown on the land and Crown land plans, the undertaker must not acquire any apparatus otherwise than by agreement.
6
- (1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed or over which access to any apparatus is enjoyed or requires that the utility undertaker’s apparatus is relocated or diverted, that apparatus must not be removed under this Part of this Schedule, and any right of a utility undertaker to maintain that apparatus in that land and to gain access to it must not be extinguished, until alternative apparatus has been constructed and is in operation, and access to it has been provided, to the reasonable satisfaction of the utility undertaker in question in accordance with sub-paragraphs (2) to (7).
- (2) If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, the undertaker must give to the utility undertaker in question written notice of that requirement, together with a plan and section of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order a utility undertaker reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to the utility undertaker the necessary facilities and rights for the construction of alternative apparatus in other land of the undertaker and subsequently for the maintenance of that apparatus.
- (3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2), in the land in which the alternative apparatus or part of such apparatus is to be constructed, the utility undertaker in question must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use reasonable endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed.
- (4) Any alternative apparatus to be constructed in land of the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between the utility undertaker in question and the undertaker or in default of agreement settled by arbitration in accordance with article 43 (arbitration).
- (5) The utility undertaker in question must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 43 (arbitration), and after the grant to the utility undertaker of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.
- (6) Regardless of anything in sub-paragraph (5), if the undertaker gives notice in writing to the utility undertaker in question that it desires itself to execute any work, or part of any work, in connection with the construction or removal of apparatus in any land controlled by the undertaker, that work, instead of being executed by the utility undertaker, must be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the utility undertaker.
- (7) Nothing in sub-paragraph (6) authorises the undertaker to execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or execute any filling around the apparatus (where the apparatus is laid in a trench) within 300 millimetres of the apparatus.
7
- (1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to a utility undertaker facilities and rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and the utility undertaker in question or in default of agreement settled by arbitration in accordance with article 43 (arbitration).
- (2) If the facilities and rights to be afforded by the undertaker in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to the utility undertaker in question than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator must make such provision for the payment of compensation by the undertaker to that utility undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.
8
- (1) Not less than 28 days before starting the execution of any works in, on or under any land purchased, held, appropriated or used under this Order that are near to, or will or may affect, any apparatus the removal of which has not been required by the undertaker under paragraph 6(2), the undertaker must submit to the utility undertaker in question a plan, section and description of the works to be executed.
- (2) Those works must be executed only in accordance with the plan, section and description submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by the utility undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the utility undertaker is entitled to watch and inspect the execution of those works.
- (3) Any requirements made by a utility undertaker under sub-paragraph (2) must be made within a period of 21 days beginning with the date on which a plan, section and description under sub-paragraph (1) are submitted to it.
- (4) If a utility undertaker in accordance with sub-paragraph (3) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 1 to 7 apply as if the removal of the apparatus had been required by the undertaker under paragraph 6(2).
- (5) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any works, a new plan, section and description instead of the plan, section and description previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan, section and description.
- (6) The undertaker is not required to comply with sub-paragraph (1) in a case of emergency but in that case it must give to the utility undertaker in question notice as soon as is reasonably practicable and a plan, section and description of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (2) in so far as is reasonably practicable in the circumstances.
9
- (1) Subject to the following provisions of this paragraph, the undertaker must repay to a utility undertaker the reasonable expenses incurred by that utility undertaker in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any such works as are referred to in paragraph 6(2).
- (2) There is to be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Part of this Schedule, that value being calculated after removal.
- (3) If in accordance with the provisions of this Part of this Schedule—
- (a) apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or
- (b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was,
and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 43 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the utility undertaker in question by virtue of sub-paragraph (1) is to be reduced by the amount of that excess.
- (4) For the purposes of sub-paragraph (3)—
- (a) an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus where such extension is required in consequence of the execution of any such works as are referred to in paragraph 6(2); and
- (b) where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be treated as if it also had been agreed or had been so determined.
- (5) An amount which apart from this sub-paragraph would be payable to a utility undertaker in respect of works by virtue of sub-paragraph (1), if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the utility undertaker any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, is to be reduced by the amount which represents that benefit.
10
- (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any of the works referred to in paragraph 6(2), any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of a utility undertaker, or there is any interruption in any service provided, or in the supply of any goods, by any utility undertaker, the undertaker must—
- (a) bear and pay the cost reasonably incurred by that utility undertaker in making good such damage or restoring the supply; and
- (b) make reasonable compensation to that utility undertaker for any other expenses, loss, damages, penalty or costs incurred by the utility undertaker,
by reason or in consequence of any such damage or interruption.
- (2) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of a utility undertaker, its officers, servants, contractors or agents.
- (3) A utility undertaker must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise is to be made without the consent of the undertaker which, if it withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.
11
Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and a utility undertaking in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.
PART 2 — FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
12
For the protection of any operator, the following provisions have effect, unless otherwise agreed in writing between the undertaker and the operator.
13
In this Part of this Schedule—
- “the 2003 Act” means the Communications Act 2003;
- “electronic communications apparatus” has the same meaning as in the electronic communications code;
- “the electronic communications code” has the same meaning as in section 106 (application of the electronic communications code) of the 2003 Act;
- “electronic communications code network” means— so much of an electronic communications network or conduit system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 of the 2003 Act; and an electronic communications network which the Secretary of State is providing or proposing to provide;
- “electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106 of the 2003 Act; and
- “operator” means the operator of an electronic communications code network.
14
The exercise of the powers of article 32 (statutory undertakers) is subject to Part 10 (undertakers’ works affecting electronic communications apparatus) of the electronic communications code.
15
- (1) Subject to sub-paragraphs (2) to (4), if as the result of the authorised development or its construction, or of any subsidence resulting from any of those works—
- (a) any damage is caused to any electronic communications apparatus belonging to an operator (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works), or other property of an operator; or
- (b) there is any interruption in the supply of the service provided by an operator,
the undertaker must bear and pay the cost reasonably incurred by the operator in making good such damage or restoring the supply and make reasonable compensation to that operator for any other expenses, loss, damages, penalty or costs incurred by it, by reason, or in consequence of, any such damage or interruption.
- (2) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of an operator, its officers, servants, contractors or agents.
- (3) The operator must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise of the claim or demand is to be made without the consent of the undertaker which, if it withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.
- (4) Any difference arising between the undertaker and the operator under this Part of this Schedule must be referred to and settled by arbitration under article 43 (arbitration).
16
This Part of this Schedule does not apply to—
- (a) any apparatus in respect of which the relations between the undertaker and an operator are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act; or
- (b) any damage, or any interruption, caused by electro-magnetic interference arising from the construction or use of the authorised development.
17
Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and an operator in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.
PART 3 — FOR THE PROTECTION OF DRAINAGE AUTHORITIES
18
The provisions of this Part of this Schedule have effect for the protection of the drainage authority unless otherwise agreed in writing between the undertaker and the drainage authority.
19
In this Part of this Schedule—
- “authorised development” has the same meaning as in article 2 (interpretation) of this Order and (unless otherwise specified) for the purposes of this Part of this Schedule includes the operation and maintenance of the authorised development and the construction of any works authorised by this Part of this Schedule;
- “construction” includes execution, placing, altering, replacing, relaying and removal, and “construct” and “constructed” must be construed accordingly;
- “drainage authority” means in relation to an ordinary watercourse— the drainage board concerned within the meaning of section 23 (prohibition on obstructions etc. in watercourses) of the Land Drainage Act 1991; or in the case of any area for which there is no such drainage board, the lead local flood authority within the meaning of section 6 (other definitions) of the Flood and Water Management Act 2010;
- “drainage work” means any ordinary watercourse and includes any bank, wall, embankment or other structure, or any appliance constructed for land drainage or flood defence which is the responsibility of the drainage authority;
- “ordinary watercourse” has the meaning given by section 72 (interpretation) of the Land Drainage Act 1991;
- “plans” includes sections, drawings, specifications and method statements; and
- “specified work” means so much of the authorised development as is in, on, under, over or within 8 metres of a drainage work or is otherwise likely to affect the flow of water in any watercourse.
20
- (1) Before commencing construction of a specified work, the undertaker must submit to the drainage authority plans of the specified work and such further particulars available to it as the drainage authority may reasonably require within 14 days of the submission of the plans.
- (2) A specified work must not be constructed except in accordance with such plans as may be approved in writing by the drainage authority or determined under paragraph 26.
- (3) Any approval of the drainage authority required under this paragraph—
- (a) must not be unreasonably withheld or delayed;
- (b) is deemed to have been given if it is neither given nor refused within 28 days of the submission of the plans for approval, or submission of further particulars (where required by the drainage authority under sub-paragraph (1)) whichever is the later; and
- (c) may be given subject to such reasonable requirements as the drainage authority may make for the protection of any drainage work taking into account the terms of this Order.
- (4) Any refusal under this paragraph must be accompanied by a statement of the reasons for refusal.
21
Without limiting the scope of paragraph 20, the requirements which the drainage authority may make under that paragraph include conditions requiring the undertaker at its own expense to construct such protective works, whether temporary or permanent, during the construction of the specified work (including the provision of flood banks, walls or embankments or other new works and the strengthening, repair or renewal of existing banks, walls or embankments) as are reasonably necessary taking account of the terms of this Order—
- (a) to safeguard any drainage work against damage by reason of any specified work; or
- (b) to secure that the efficiency of any drainage work for flood defence and land drainage purposes is not impaired, and that the risk of flooding is not otherwise increased beyond the level of flood risk that was assessed in the environmental statement, by reason of any specified work.
22
- (1) Subject to sub-paragraph (2), any specified work, and all protective works required by the drainage authority under paragraph 21, must be constructed—
- (a) without unreasonable delay in accordance with the plans approved or deemed to have been approved or settled under this Part of this Schedule; and
- (b) to the reasonable satisfaction of the drainage authority,
and an officer of the drainage authority is entitled to watch and inspect the construction of such works.
- (2) The undertaker must give to the drainage authority—
- (a) not less than 14 days’ notice in writing of its intention to commence construction of any specified work; and
- (b) notice in writing of its completion not later than seven days after the date on which it is brought into use.
23
If by reason of the construction of a specified work or of the failure of any of a specified work the efficiency of any drainage work for flood defence purposes or land drainage is impaired, or that drainage work is otherwise damaged, the impairment or damage must be made good by the undertaker as soon as reasonably practicable to the reasonable satisfaction of the drainage authority and, if the undertaker fails to do so, the drainage authority may make good the impairment or damage and recover from the undertaker the expense reasonably incurred by it in doing so.
24
The undertaker must make reasonable compensation for costs, charges and expenses which the drainage authority may reasonably incur—
- (a) in the examination or approval of plans under this Part of this Schedule;
- (b) in inspecting the construction of the specified work or any protective works required by the drainage authority under this Part of this Schedule; and
- (c) in carrying out any surveys or tests by the drainage authority which are reasonably required in connection with the construction of the specified work.
25
- (1) The undertaker must make reasonable compensation for liabilities, costs and losses which may be reasonably incurred or suffered by reason of—
- (a) the construction of any specified works comprised within the authorised development; or
- (b) any act or omission of the undertaker, its employees, contractors or agents or others while engaged upon the construction of the authorised development.
- (2) The drainage authority must give to the undertaker reasonable notice of any such claim or demand.
- (3) The undertaker may at its own expense conduct all negotiations for the settlement of the same and any litigation that may arise therefrom.
- (4) The drainage authority must not compromise or settle any such claim or make any admission which might be prejudicial to the claim without the agreement of the undertaker which agreement must not be unreasonably withheld or delayed.
- (5) The drainage authority will, having regard to its statutory functions, at all times take reasonable steps to prevent and mitigate any such claims, demands, proceedings, costs, damages, expenses or loss.
- (6) The drainage authority will, at the request of the undertaker and having regard to its statutory functions, afford all reasonable assistance for the purpose of contesting any such claim or action, and is entitled to be repaid its reasonable expenses reasonably incurred in so doing.
- (7) The fact that any work or thing has been executed or done by the undertaker in accordance with a plan approved or deemed to be approved by the drainage authority, or to its satisfaction, or in accordance with any directions or award of an arbitrator, does not relieve the undertaker from any liability under this Part of this Schedule.
- (8) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage to the extent that it is attributable to the act, neglect or default of the drainage authority or the breach of a statutory duty of the drainage authority, its officers, servants, contractors or agents.
26
Any dispute arising between the undertaker and the drainage authority under this Part of this Schedule, if the parties agree, is to be determined by arbitration under article 43 (arbitration).
PART 4 — FOR THE PROTECTION OF THE CANAL & RIVER TRUST
Interpretation
27
- (1) For the protection of the Canal & River Trust the following provisions of this Part of this Schedule have effect, unless otherwise agreed in writing between the undertaker and the Canal & River Trust.
- (2) In this Part of this Schedule—
- “Code of Practice” means the Code of Practice for Works Affecting the Canal & River Trust (April 2023) or any updates or amendments thereto;
- “construction”, in relation to any specified work or protective work, includes— the execution and placing of that work; and any relaying, renewal, or maintenance of that work; and “construct” and “constructed” have corresponding meanings;
- “Canal & River Trust’s network” means the Canal & River Trust’s network of waterways;
- “detriment” means any damage to the waterway or any other property of the Canal & River Trust caused by the presence of the authorised development and, without prejudice to the generality of that meaning, includes— any obstruction of, or interference with, or hindrance or danger to, navigation or to any use of the waterway (including towing paths); the erosion of the bed or banks of the waterway, or the impairment of the stability of any works, lands or premises forming part of the waterway; the deposit of materials or the siltation of the waterway so as to damage the waterway; the pollution of the waterway; any significant alteration in the water level of the waterway, or significant interference with the supply of water thereto, or drainage of water therefrom; any harm to the ecology of the waterway; and any interference with the exercise by any person of any lawful rights over Canal & River Trust’s network;
- “the engineer” means an engineer appointed by the Canal & River Trust for the purpose in question;
- “plans” includes navigational risk assessments, sections, designs, drawings, specifications, soil reports, calculations, descriptions (including descriptions of methods of construction) and programmes;
- “practical completion” means practical completion of all of the specified work notwithstanding that items which would ordinarily be considered snagging items remain outstanding, and the expression “practically complete” and “practically completed” is to be construed accordingly;
- “protective work” means a work constructed under paragraph 31(approval of plans, protective works etc.);
- “specified work” means so much of the authorised development as is, may be, or takes place in, on, under or over the surface of land below the water level forming part of the waterway; or may affect the waterway or any function of the Trust, including any projection over the waterway by any authorised work or any plant or machinery; and
- “the waterway” means each and every part of the River Trent within the Order limits and includes any works, lands or premises belonging to the Canal & River Trust, or under its management or control, and held or used by the Canal & River Trust in connection with its statutory functions.
- (3) Where the Code of Practice applies to any works or matter that are part of the authorised development or that form part of the protective works and there is an inconsistency between these protective provisions and the Code of Practice, the part of the Code of Practice that is inconsistent with these protective provisions will not apply and these protective provisions will apply. The undertaker will identify and agree with the Canal & River Trust those parts of the Code of Practice which are not applicable to the construction of the specified works and for the avoidance of doubt the undertaker will not be required to comply with those agreed parts of the Code of Practice.
Powers requiring the Canal & River Trust’s consent
28
- (1) The undertaker must not in the exercise of the powers conferred by this Order obstruct or interfere with pedestrian or vehicular access to the waterway unless such obstruction or interference with such access is with the consent of the Canal & River Trust.
- (2) The undertaker must not exercise any power conferred by this Order to discharge water into the waterway under article 18 (discharge of water) or in any way interfere with the supply of water to or the drainage of water from the waterway unless such exercise is with the consent of the Canal & River Trust, save as to surface water discharge which will not require the consent of the Canal & River Trust.
- (3) The undertaker must not exercise the powers conferred by article 20 (authority to survey and investigate the land) or section 11(3) of the 1965 Act, in relation to the waterway unless such exercise is with the consent of the Canal & River Trust.
- (4) The undertaker must not exercise any power conferred by article 30 (temporary use of land for constructing the authorised development) or article 31 (temporary use of land for maintaining the authorised development) in respect of the waterway unless such exercise is with the consent of the Canal & River Trust.
- (5) The undertaker must not exercise any power conferred by article 21 (compulsory acquisition of land), article 23 (compulsory acquisition of rights), article 26 (acquisition of subsoil only) or article 32 (statutory undertakers) in respect of the Canal & River Trust’s interests in the waterway unless such exercise is with the consent of the Canal & River Trust.
- (6) The consent of the Canal & River Trust pursuant to sub-paragraphs (1) to (5) must not be unreasonably withheld or delayed but may be given subject to reasonable terms and conditions provided that it will not be reasonable for the Canal & River Trust to withhold or delay consent or impose terms and conditions that would prevent the undertaker from complying with the protective provisions in this Part of this Schedule or any condition contained in Schedule 2 (requirements).
Fencing
29
Where so required by the engineer acting reasonably the undertaker must, to the reasonable satisfaction of the engineer, fence off a specified work or a protective work or take such other steps as the engineer may require to be taken for the purpose of separating a specified work or a protective work from the waterway, whether on a temporary or permanent basis or both.
Survey of waterway
30
- (1) Before the commencement of the initial construction of any part of the specified works and again following practical completion of the specified works the undertaker must bear the reasonable and proper cost of the carrying out by a qualified engineer (the “surveyor”), to be approved by the Canal & River Trust and the undertaker, of a survey to measure the navigational depth of the waterway and profile of the riverbed (“the survey”) of so much of the waterway and of any land which may provide support for the waterway as will or may be affected by the specified works.
- (2) The design of, and methods proposed to be used for, the survey, to be approved by the Canal & River Trust and the undertaker.
- (3) For the purposes of the survey the undertaker must—
- (a) on being given reasonable notice (save in case of emergency, when immediate access must be afforded) afford reasonable facilities to the surveyor for access to the site of the specified works and to any land of the undertaker which may provide support for the waterway as will or may be affected by the specified works; and
- (b) supply the surveyor as soon as reasonably practicable with all such information as they may reasonably require and which the undertaker holds with regard to the specified works or the method of their construction.
- (4) Copies of the survey results must be provided to both the Canal & River Trust and the undertaker at no cost to the Canal & River Trust.
Approval of plans, protective works etc.
31
- (1) The undertaker must before commencing construction of any specified work including any temporary works supply to the Canal & River Trust proper and sufficient plans of that work, on the Canal & River Trust forms, having regard to the Canal & River Trust’s Code of Practice and such further particulars available to it as the Canal & River Trust may within 14 working days of the submission of the plans reasonably require for the approval of the engineer and must not commence such construction of a specified work until plans of that work have been approved in writing by the engineer or settled by arbitration.
- (2) The approval of the engineer under sub-paragraph (1) must not be unreasonably withheld or delayed, and if within 25 working days after such plans (including any other particulars reasonably required under sub-paragraph (1)) have been received by the Canal & River Trust the engineer has not intimated his disapproval of those plans and the grounds of his disapproval he is deemed to have approved the plans as submitted.
- (3) An approval of the engineer under this paragraph 31 is not deemed to have been unreasonably withheld if approval within the time limited by sub-paragraph (2) has not been given pending the outcome of any consultation on the approval in question that the Canal & River Trust is obliged to carry out in the proper exercise of its functions, provided prior written notice of such consultation has been provided by the Canal & River Trust to the undertaker.
- (4) When signifying approval of the plans the engineer may specify on land held or controlled by the Canal & River Trust or the undertaker and subject to such works being authorised by this Order or being development permitted by an Act of Parliament or general development order made under the 1990 Act—
- (a) any protective work (whether temporary or permanent) which in the reasonable opinion of the engineer should be carried out before the commencement of a specified work to prevent detriment; and
- (b) such other requirements as may be reasonably necessary to prevent detriment,
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