The Helios Renewable Energy Project Order 2025

(1) Area	(2) Street subject to alteration	(4) Description of alteration
North Yorkshire Council	public footpath (35.14/12/1) situated to the east of Tranmore Cottages, Selby as shown on the access and rights of way plan	Works for the provision of a temporary means of access to the authorised development
North Yorkshire Council	public footpath (35.14/11/3) situated to the south east of 1 Tranmore Cottages, Selby as shown on the access and rights of way plan	Works for the provision of a temporary means of access to the authorised development
North Yorkshire Council	mixed public footpath (35.14/13/1) and private road situated to the north east of Bales Wood Plantation, Selby as shown on the access and rights of way plan	Works for the provision of a temporary means of access to the authorised development
North Yorkshire Council	public footpath (35.14/14/2) situated to the east of Bales Wood Plantation, Selby as shown on the access and rights of way plan	Works for the provision of a temporary means of access to the authorised development
North Yorkshire Council	mixed public footpath (35.14/14/1) and private road situated to the west of Bales Wood Plantation, Selby as shown on the access and rights of way plan	Works for the provision of a temporary means of access to the authorised development
North Yorkshire Council	mixed public footpath (35.14/11/4) and private road situated to the south west of Bales Wood Plantation, Selby as shown on the access and rights of way plan	Works for the provision of a temporary means of access to the authorised development
North Yorkshire Council	mixed public footpath (35.17/1/1) and private road situated to the east of Fair Oaks, Selby as shown on the access and rights of way plan	Works for the provision of a temporary means of access to the authorised development
North Yorkshire Council	public adopted highway (Chester Court Road) situated to the east of Bales Wood, Selby as shown on the access and rights of way plan	Works for the provision of a temporary means of access to the authorised development
North Yorkshire Council	public adopted highway (A1041) situated to the south west of Sandpit Farm, Selby as shown on the access and rights of way plan	Works for the provision of a temporary means of access to the authorised development
North Yorkshire Council	public adopted highway (A1041) situated to the north east of Keeper`s Cottage, Selby as shown on the access and rights of way plan	Works for the provision of a temporary means of access to the authorised development
North Yorkshire Council	public adopted highway (A1041) situated to the west of Cobble Croft Wood, Selby as shown on the access and rights of way plan	Works for the provision of a temporary means of access to the authorised development
North Yorkshire Council	private road from Stapletons Wood to Barrfs Close Plantation, Selby as shown on the access and rights of way plan	Works for the provision of a temporary means of access to the authorised development
North Yorkshire Council	public adopted highway (Jowland Winn Lane) situated to the east of Chestercourt House Farm, Selb as shown on the access and rights of way plan	Works for the provision of a temporary means of access to the authorised development
North Yorkshire Council	public footpath (35.18/14/1) situated to the south of Chestercourt Hall Farm as shown on the access and rights of way plan	Works for the provision of a temporary means of access to the authorised development
North Yorkshire Council	public adopted highway (Chester Court Road) situated to the west of Crossley Wood, Selby as shown on the access and rights of way plan	Works for the provision of a temporary means of access to the authorised development
North Yorkshire Council	public adopted highway (Hardenshaw Lane) situated to the north east of Rosehill Farm, Selby as shown on the access and rights of way plan	Works for the provision of a temporary means of access to the authorised development
North Yorkshire Council	public adopted highway (Sandwith Lane) situated to the south of Rosehill Farm, Selby as shown on the access and rights of way plan	Works for the provision of a temporary means of access to the authorised development
North Yorkshire Council	public adopted bridleway (35.18/13/1) situated to the south west of Rosehill Farm as shown on the access and rights of way plan	Works for the provision of a temporary means of access to the authorised development
North Yorkshire Council	public adopted highway (Race Lane) situated to the south west of Rosehill Farm, Selby as shown on the access and rights of way plan	Works for the provision of a temporary means of access to the authorised development
North Yorkshire Council	public adopted highway (Claypit Lane) situated to the west of Chestnut Tree Cottage, Selby as shown on the access and rights of way plan	Works for the provision of a temporary means of access to the authorised development
North Yorkshire Council	public adopted highway (Brick Lands Lane) situated to the east of Temple Hirst, Selby as shown on the access and rights of way plan	Works for the provision of a temporary means of access to the authorised development
North Yorkshire Council	public footpath (35.38/2/1) situated to the north east of Manor Farm, Selby as shown on the access and rights of way plan	Works for the provision of a temporary means of access to the authorised development
North Yorkshire Council	public adopted highway (Stockwith Lane) situated to the north west of Kerrick Spring Wood, Selby as shown on the access and rights of way plan	Works for the provision of a temporary means of access to the authorised development
North Yorkshire Council	public footpath (35.17/9/1) situated to the west of Little Underwit Wood, Selby as shown on the access and rights of way plan	Works for the provision of a temporary means of access to the authorised development
North Yorkshire Council	public footpath (35.18/6/1) situated to the west of Little Underwit Wood, Selby as shown on the access and rights of way plan	Works for the provision of a temporary means of access to the authorised development
North Yorkshire Council	public adopted highway (Station Road) situated to the east and the south of Camblesforth Community Primary School, Selby as shown on the access and rights of way plan	Works for the provision of a temporary means of access to the authorised development
North Yorkshire Council	public footpath (35.17/6/1) situated to the north of Drax Golf Club, Selby as shown on the access and rights of way plan	Works for the provision of a temporary means of access to the authorised development
North Yorkshire Council	private road situated to the south of Camblesforth substation, Selby as shown on the access and rights of way plan	Works for the provision of a temporary means of access to the authorised development
North Yorkshire Council	private road situated to the south east of Drax Sports and Social Club, Main Road, Selby as shown on the access and rights of way plan	Works for the provision of a temporary means of access to the authorised development
North Yorkshire Council	private road situated to the west of New Acres, Selby as shown on the access and rights of way plan	Works for the provision of a temporary means of access to the authorised development
North Yorkshire Council	public adopted highway (New Road) situated to the west of Station House, Selby as shown on the access and rights of way plan	Works for the provision of a temporary means of access to the authorised development

SCHEDULE 5 — PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED

(1) Area	(2) Public right of way to be temporarily closed	(3) Measures
North Yorkshire Council	public footpath (35.14/12/1) as shown on the access and rights of way plan	Temporary management of the public footpath to facilitate the construction of the authorised development
North Yorkshire Council	public footpath (35.14/11/3) as shown on the access and rights of way plan	Temporary management of the public footpath to facilitate the construction of the authorised development
North Yorkshire Council	public footpath (35.14/13/1) and private road as shown on the access and rights of way plan	Temporary management of the public footpath to facilitate the construction of the authorised development
North Yorkshire Council	public footpath (35.14/14/2) as shown on the access and rights of way plan	Temporary management of the public footpath to facilitate the construction of the authorised development
North Yorkshire Council	public footpath (35.14/14/1) and private road as shown on the access and rights of way plan	Temporary management of the public footpath to facilitate the construction of the authorised development
North Yorkshire Council	public footpath (35.14/11/4) and private road as shown on the access and rights of way plan	Temporary management of the public footpath to facilitate the construction of the authorised development
North Yorkshire Council	public footpath (35.17/1/1) and private road as shown on the access and rights of way plan	Temporary management of the public footpath to facilitate the construction of the authorised development
North Yorkshire Council	public footpath (35.18/14/1) as shown on the access and rights of way plan	Temporary management of the public footpath to facilitate the construction of the authorised development
North Yorkshire Council	public bridleway (35.18/13/1) as shown on the access and rights of way plan	Temporary management of the public footpath to facilitate the construction of the authorised development
North Yorkshire Council	public footpath (35.38/2/1) as shown on the access and rights of way plan	Temporary management of the public footpath to facilitate the construction of the authorised development
North Yorkshire Council	public footpath (35.17/9/1) as shown on the access and rights of way plan	Temporary management of the public footpath to facilitate the construction of the authorised development
North Yorkshire Council	public footpath (35.18/6/1) as shown on the access and rights of way plan	Temporary management of the public footpath to facilitate the construction of the authorised development
North Yorkshire Council	public footpath (35.17/6/1) as shown on the access and rights of way plan	Temporary management of the public footpath to facilitate the construction of the authorised development

SCHEDULE 6 — ACCESS TO WORKS

(1) Area	(2) Street	(3) Description of means of access
North Yorkshire Council	that part of Chester Court Road (west of New Close Plantation) as shown on the access and rights of way plan	The provision of a permanent means of vehicular access to the authorised development within the limits shown on the access and rights of way plan
North Yorkshire Council	that part of the A1041 (south west of Sandpit Farm, Selby) as shown on the access and rights of way plan	The provision of a permanent means of vehicular access to the authorised development within the limits shown on the access and rights of way plan
North Yorkshire Council	that part of the A1041 (west of Cobble Croft Wood, Selby) as shown on the access and rights of way plan	The provision of a permanent means of vehicular access to the authorised development within the limits shown on the access and rights of way plan
North Yorkshire Council	that part of Chester Court Road (east of Bales Wood, Selby) as shown on the access and rights of way plan	The provision of a permanent means of vehicular access to the authorised development within the limits shown on the access and rights of way plan
North Yorkshire Council	that part of Jowland Winn Lane (east of Chestercourt House Farm, Selby) as shown on the access and rights of way plan	The provision of a permanent means of vehicular access to the authorised development within the limits shown on the access and rights of way plan
North Yorkshire Council	that part of Hardenshaw Lane (north east of Rosehill Farm, Selby) as shown on the access and rights of way plan	The provision of a permanent means of vehicular access to the authorised development within the limits shown on the access and rights of way plan
North Yorkshire Council	that part of Claypit Lane (west of Chestnut Tree Cottage, Selby) as shown on the access and rights of way plan	The provision of a permanent means of vehicular access to the authorised development within the limits shown on the access and rights of way plan
North Yorkshire Council	that part of Race Lane (south west of Rosehill Farm, Selby) as shown on the access and rights of way plan	The provision of a permanent means of vehicular access to the authorised development within the limits shown on the access and rights of way plan
North Yorkshire Council	that part of Brick Lands Lane (east of Temple Hirst, Selby) as shown on the access and rights of way plan	The provision of a permanent means of vehicular access to the authorised development within the limits shown on the access and rights of way plan
North Yorkshire Council	that part of Stockwith Lane (north west of Kerrick Spring Wood, Selby) as shown on the access and rights of way plan	The provision of a permanent means of vehicular access to the authorised development within the limits shown on the access and rights of way plan
North Yorkshire Council	that part of Sandwith Lane (south of Rosehill Farm, Selby) as shown on the access and rights of way plan	The provision of a permanent means of vehicular access to the authorised development within the limits shown on the access and rights of way plan

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

1

In this Schedule—

• “access rights” means rights over land to— alter, improve, form, maintain, retain, use (with or without vehicles, plant and machinery), remove, reinstate means of access to the authorised development including visibility splays and road widening and to remove impediments (including vegetation) to such access; and pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface or form a temporary compound) for all purposes in connection with the authorised development;

• “cable rights” means rights over land to— install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain electrical cables, earthing cables, optical fibre cables, data cables, telecommunications cables and other services, works associated with such cables including bays, ducts, protection and safety measures and equipment, and other apparatus and structures and to connect such cables and services to the on-site substation; install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain watercourses, public sewers and drains and drainage apparatus and equipment; install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain landscaping and biodiversity measures; remain, pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface or form a temporary compound) for all purposes in connection with the authorised development; and restrict and remove the erection of buildings or structures, restrict the altering of ground levels, restrict and remove vegetation and restrict the planting of trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt or interfere with the exercise of the rights or damage the authorised development;

• “railway crossing rights” means rights over land to— install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain electrical cables, earthing cables, optical fibre cables, data cables, telecommunications cables and other services, works associated with such cables including bays, ducts, protection and safety measures and equipment, and other apparatus and structures and to connect such cables and services to the NGET Drax 132kV Substation; remain, pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface or form a temporary compound) for all purposes in connection with the authorised development; and restrict and remove the erection of buildings or structures, restrict the altering of ground levels, restrict and remove the planting of trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt or interfere with the exercise of the rights or damage the authorised development;

• “substation connection rights” means rights over land to— install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain electrical cables, earthing cables, optical fibre cables, data cables, telecommunications cables and other services, works associated with such cables including bays, ducts, protection and safety measures and equipment, and other apparatus and structures and to connect such cables and services to the NGET Drax 132kV Substation; install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain watercourses, public sewers and drains and drainage apparatus and equipment; install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain landscaping and biodiversity measures; remain, pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface or form a temporary compound) for all purposes in connection with the authorised development; and restrict and remove the erection of buildings or structures, restrict the altering of ground levels, restrict and remove the planting of trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt or interfere with the exercise of the rights or damage the authorised development;

• “vegetation maintenance rights” means rights over land to— plant, inspect, alter, remove, replace, retain, renew, improve and maintain vegetation and restrict or prevent the removal of vegetation for the purposes of the authorised development and in connection with the authorised development. (1) Plot number(s) (2) Work No. (3) Purpose for which rights may be acquired 1Work No. 1, 4 and 9Access rights, cable rights, vegetation maintenance rights2Work No. 1, 4 and 9Access rights, cable rights, vegetation maintenance rights3Work No. 1, 4 and 9Access rights, cable rights, vegetation maintenance rights4Work No. 1, 4 and 9Access rights, cable rights, vegetation maintenance rights5Work No. 4 and 9Access rights, cable rights, vegetation maintenance rights6Work No. 1, 4 and 9Access rights, cable rights, vegetation maintenance rights7Work No. 4 and 9Access rights, cable rights, vegetation maintenance rights8Work No. 4 and 9Access rights, cable rights, vegetation maintenance rights9Work No. 1, 4, 8 and 9Access rights, cable rights, vegetation maintenance rights10Work No. 4, 8 and 9Access rights, cable rights, vegetation maintenance rights11Work No. 1, 4, 7, 8 and 9Access rights, cable rights, vegetation maintenance rights12Work No. 4, 8 and 9Access rights, cable rights, vegetation maintenance rights13Work No. 4 and 9Access rights, cable rights, vegetation maintenance rights14Work No. 1, 4, 7, 8 and 9Access rights, cable rights, vegetation maintenance rights15Work No. 4 and 9Access rights, cable rights, vegetation maintenance rights16Work No. 4, 8 and 9Access rights, cable rights, vegetation maintenance rights17Work No. 4, 7, 8 and 9Access rights, cable rights, vegetation maintenance rights18Work No. 4 and 8Access rights, cable rights19Work No. 4, 4A, 8 and 9Access rights, cable rights, vegetation maintenance rights20Work No. 4 and 4AAccess rights, cable rights21Work No. 4 and 9Access rights, cable rights, vegetation maintenance rights22Work No. 4, 4A, 8 and 9Access rights, cable rights, vegetation maintenance rights23Work No. 4, 8 and 9Access rights, cable rights, vegetation maintenance rights24Work No. 1, 2, 3, 4, 8 and 9Access rights, cable rights, vegetation maintenance rights25Work No. 1, 4 and 9Access rights, cable rights, vegetation maintenance rights26Work No. 1, 4, 4A, 8 and 9Access rights, cable rights, vegetation maintenance rights27Work No. 4, 8 and 9Access rights, cable rights, vegetation maintenance rights28Work No. 4 and 9Access rights, cable rights, vegetation maintenance rights29Work No. 1, 4, 8 and 9Access rights, cable rights, vegetation maintenance rights30Work No. 1, 4, 8 and 9Access rights, cable rights, vegetation maintenance rights31Work No. 1, 4, 8 and 9Access rights, cable rights, vegetation maintenance rights32Work No. 1, 4, 8 and 9Access rights, cable rights, vegetation maintenance rights33Work No. 1, 4, 8 and 9Access rights, cable rights, vegetation maintenance rights34Work No. 1, 4 and 9Access rights, cable rights, vegetation maintenance rights35Work No. 1, 4, 8 and 9Access rights, cable rights, vegetation maintenance rights36Work No. 4, 8 and 9Access rights, cable rights, vegetation maintenance rights37Work No. 4, 8 and 9Access rights, cable rights, vegetation maintenance rights38Work No. 4 and 9Access rights, cable rights, vegetation maintenance rights39Work No. 4, 8 and 9Access rights, cable rights, vegetation maintenance rights40Work No. 1, 4, 8 and 9Access rights, cable rights, vegetation maintenance rights41Work No. 4 and 8Access rights, cable rights42Work No. 4, 8 and 9Access rights, cable rights, vegetation maintenance rights43Work No. 1, 4, 8 and 9Access rights, cable rights, vegetation maintenance rights44Work No. 4, 8 and 9Access rights, cable rights, vegetation maintenance rights45Work No. 1, 4, 8 and 9Access rights, cable rights, vegetation maintenance rights46Work No. 1, 4, 5, 8 and 9Access rights, cable rights, vegetation maintenance rights47Work No. 1, 4 and 9Access rights, cable rights, vegetation maintenance rights48Work No. 4 and 5Access rights, cable rights49Work No. 4 and 5Access rights, cable rights50Work No. 5Access rights, cable rights51Work No. 5 and 8ASubstation connection works52Work No. 5 and 8AAccess rights, cable rights, railway crossing rights53Work No. 5 and 8ASubstation connection works, railway crossing rights54Work No. 5 and 8ASubstation connection works, railway crossing rights55Work No. 5 and 8AAccess rights, cable rights, railway crossing rights56Work No. 5 and 8ASubstation connection works, railway crossing rights57Work No. 5 and 8ASubstation connection works, railway crossing rights58Work No. 5, 6A and 8ASubstation connection works, railway crossing rights59Work No. 5 and 8ASubstation connection works, railway crossing rights60Work No. 5 and 8ASubstation connection works, railway crossing rights61Work No. 5Access rights, cable rights62Work No. 5Access rights, cable rights63Work No. 5Access rights, cable rights64Work No. 5Access rights, cable rights65Work No. 5Substation connection works66Work No. 5, 6 and 6ASubstation connection works67Work No. 5Substation connection works68Work No. 5, 6 and 6ASubstation connection works69Work No. 5 and 6Substation connection works, railway crossing rights

SCHEDULE 8 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR THE CREATION OF NEW RIGHTS AND IMPOSITION OF NEW RESTRICTIVE COVENANTS

1

The enactments for the time being in force with respect to compensation for the compulsory purchase of land apply, with the necessary modifications as respects compensation, in the case of a compulsory acquisition under this Order of a right by the creation of a new right or the imposition of a restrictive covenant as they apply as respects compensation on the compulsory purchase of land and interests in land.

2

• (1) Without limitation to the scope of paragraph 1, the Land Compensation Act 1973³⁵ has effect subject to the modifications set out in sub-paragraph (2).

• (2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 (measure of compensation in case of severance) of the 1965 Act as substituted by paragraph 5—

• (a) for the words “land is acquired or taken from” there is substituted the words “a right or restrictive covenant over land is purchased from or imposed on”; and

• (b) for the words “acquired or taken from him” there is substituted the words “over which the right is exercisable or the restrictive covenant enforceable”.

3

• (1) Without limitation to the scope of paragraph 1, the 1961 Act has effect subject to the modification set out in sub-paragraph (2).

• (2) For section 5A(5A) (relevant valuation date) of the 1961 Act, substitute—

(5A) If— (a) the acquiring authority enters on land for the purpose of exercising a right in pursuance of a notice of entry under section 11(1) of the 1965 Act (as modified by paragraph 7 of Schedule 8 to the Helios Renewable Energy Project Order 2025); (b) the acquiring authority is subsequently required by a determination under paragraph 13 of Schedule 2A to the 1965 Act (as substituted by paragraph 10 of Schedule 8 to the Helios Renewable Energy Project Order 2025) to acquire an interest in the land; (c) the acquiring authority enters on and takes possession of that land; and (d) the authority is deemed for the purposes of subsection (3)(a) to have entered on that land where it entered on that land for the purpose of exercising that right.

Application of Part 1 of the 1965 Act

4

• (1) The 1965 Act is to have effect with the modifications necessary to make it apply to the compulsory acquisition under this Order of a right by the creation of a new right, or to the imposition under this Order of a restrictive covenant, as it applies to the compulsory acquisition under this Order of land, so that, in appropriate contexts, references in that Act to land are read (according to the requirements of the particular context) as referring to, or as including references to—

• (a) the right acquired or to be acquired, or the restriction imposed or to be imposed; or

• (b) the land over which the right is or is to be exercisable, or the restriction is to be enforceable.

• (2) Without limitation on the scope of sub-paragraph (1), Part 1 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act applies in relation to the compulsory acquisition under this Order of a right by the creation of a new right or, in relation to the imposition of a restriction, with the modifications specified in the following provisions of this Schedule.

5

For section 7 (measure of compensation in the case of severance) of the 1965 Act there is substituted the following section—

(7) In assessing the compensation to be paid by the acquiring authority under this Act, regard shall be had not only to the extent (if any) to which the value of the land over which the right is to be acquired or the restrictive covenant is to be imposed is depreciated by the acquisition of the right or the imposition of the covenant but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.

6

The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say—

• (a) section 9(4) (refusal to convey, failure to make title, etc.);

• (b) paragraph 10(3) of Schedule 1 (persons without power to sell their interests);

• (c) paragraph 2(3) of Schedule 2 (absent and untraced owners); and

• (d) paragraphs 2(3) and 7(2) of Schedule 4 (common land),

are so modified as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired or the restrictive covenant which is to be imposed is vested absolutely in the acquiring authority.

7

Section 11 (powers of entry) of the 1965 Act is so modified as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right or restrictive covenant, as well as the notice of entry required by subsection (1) of that section (as it applies to compulsory acquisition under article 22), it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant (which is deemed for this purpose to have been created on the date of service of the notice); and sections 11A (powers of entry: further notices of entry), 11B (counter-notice requiring possession to be taken on specified date), 12 (unauthorised entry) and 13 (refusal to give possession to acquiring authority) of the 1965 Act is modified correspondingly.

8

Section 20 (tenants at will, etc.) of the 1965 Act applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right or the enforcement of the restrictive covenant in question.

9

Section 22 (interests omitted from purchase) of the 1965 Act as modified by article 22(4) is so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired or restrictive covenant imposed, subject to compliance with that section as respects compensation.

10

For Schedule 2A (counter notice requiring purchase of land not in notice to treat) to the 1965 Act substitute—

Schedule 2A (1) (1) This Schedule applies where an acquiring authority serve a notice to treat in respect of a right over, or restrictive covenant affecting, the whole or part of a house, building or factory and have not executed a general vesting declaration under section 4 of the 1981 Act as applied by article 24 (application of the 1981 Act) of the Helios Renewable Energy Project Order 2025 in respect of the land to which the notice to treat relates. (2) But see article 25(3) (acquisition of subsoil only) of the Helios Renewable Energy Project Order 2025 which excludes the acquisition of subsoil only from this Schedule. (2) In this Schedule, “house” includes any park or garden belonging to a house. (3) A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the authority to purchase the owner’s interest in the house, building or factory. (4) A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served. (5) On receiving a counter-notice, the acquiring authority must decide whether to— (a) withdraw the notice to treat, (b) accept the counter-notice, or (c) refer the counter-notice to the Upper Tribunal. (6) The authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”). (7) If the authority decides to refer the counter-notice to the Upper Tribunal they must do so within the decision period. (8) If the authority does not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period. (9) If the authority serves notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in the house, building or factory. (10) On a referral under paragraph 7, the Upper Tribunal must determine whether the acquisition of the right or the imposition of the restrictive covenant would— (a) in the case of a house, building or factory, cause material detriment to the house, building or factory, or (b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs. (11) In making its determination, the Upper Tribunal must take into account— (a) the effect of the acquisition of the right or the imposition of the covenant, (b) the use to be made of the right or covenant proposed to be acquired or imposed, and (c) if the right or covenant is proposed to be acquired or imposed for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land. (12) If the Upper Tribunal determines that the acquisition of the right or the imposition of the covenant would have either of the consequences described in paragraph 10, it must determine how much of the house, building or factory the authority ought to be required to take. (13) If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in that land. (14) (1) If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes it determination withdraw the notice to treat in relation to that land. (2) If the acquiring authority withdraws the notice to treat under this paragraph they must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice. (3) Any dispute as to the compensation is to be determined by the Upper Tribunal.

SCHEDULE 9 — 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, the following provisions have effect, unless otherwise agreed in writing between the undertaker and the utility undertaker in question.

2

In this Part of this Schedule—

• “alternative apparatus” means alternative apparatus adequate to enable the utility undertaker in question to fulfil its statutory functions in a manner no 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 licence holder; in the case of a gas undertaker, any mains, pipes or other apparatus belonging to or maintained by that gas transporter for the purposes of gas supply; in the case of a water undertaker, any mains, pipes or other apparatus belonging to or maintained by that water undertaker for the purposes of water supply; and in the case of a sewerage undertaker— any drain or works vested in the sewerage undertaker under the Water Industry Act 1991³⁶; and any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) (adoption of sewers and disposal works) of that Act or an agreement to adopt made under section 104 (agreements to adopt sewer, drain or sewerage disposal works at future date) of that Act, and includes a sludge main, disposal main (within the meaning of section 219 (general interpretation) 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;

• “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 1986³⁷; a water undertaker within the meaning of the Water Industry Act 1991; and a sewerage undertaker within the meaning of Part 1 of the Water Industry Act 1991, 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.

On street apparatus

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 regulations by the provisions of Part 3 (street works in England and Wales) of the 1991 Act.

Acquisition of land

4

Regardless of any provision of this Order or anything shown on the land plans, the undertaker must not acquire any apparatus otherwise than by agreement.

Removal of apparatus

5

• (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 to the reasonable satisfaction of the utility undertaker in question.

• (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 28 days’ 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 39 (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 39 (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.

Facilities and rights for alternative apparatus

6

• (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 39 (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.

Retained apparatus

7

• (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 5(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, the provisions of this Part of this Schedule apply as if the removal of the apparatus had been required by the undertaker under paragraph 5(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 those 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 as well as 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.

Expenses and costs

8

• (1) Subject to the following provisions of this paragraph, the undertaker must repay to a utility undertaker the reasonable expenses agreed with the undertaker in advance and reasonably 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 5(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 39 (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 must not 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 5(2); and

• (b) where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole must 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.

9

• (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any such works referred to in paragraph 5(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 of or in consequence of any such damage or interruption.

• (2) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to—

• (a) any damage or interruption to the extent that it is attributable to the act, neglect or default of a utility undertaker, its officers, servants, contractors or agents; or

• (b) any indirect or consequential loss of the utility undertaker or any third party (including but not limited to loss of use, revenue, profit, contract, production, increased cost of working or business interruption) arising from any such damage or interruption.

• (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 and, if such consent is withheld, the undertaker has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

Enactments and agreements

10

Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and a utility undertaker in respect of any apparatus 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

11

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

12

In this Part of this Schedule—

• “the 2003 Act” means the Communications Act 2003³⁸;

• “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; an electronic communications network which the undertaker 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.

13

The exercise of the powers of article 31 (statutory undertakers) is subject to Part 10 (undertakers’ works affecting electronic communications apparatus) of the electronic communications code.

14

• (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 the authorised development—

• (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 the authorised development), 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 agreed by the undertaker in advance and 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—

• (a) 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; or

• (b) any indirect or consequential loss of the operator or any third party (including but not limited to loss of use, revenue, profit, contract, production, increased cost of working or business interruption) arising from any such damage or interruption.

• (3) The operator 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 and, if such consent is withheld, the undertaker 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 39 (arbitration).

15

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.

16

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 THE DRAINAGE AUTHORITIES

17

For the protection of any drainage authority, the following provisions have effect, unless otherwise agreed in writing between the undertaker and the drainage authority in question.

18

In 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;

• “drainage work” means any ordinary watercourse and includes any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage or flood defence in connection with an ordinary watercourse 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 any work or operation authorised by this Order as is in, on, under, over or within 7 metres of a drainage work or is otherwise likely to— affect any drainage work; affect the total volume or volumetric rate of flow of water in or flowing to or from any drainage work; or affect the conservation, distribution or use of water resources.

19

• (1) Before beginning to construct any 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 within 28 days of submission of the plans reasonably require.

• (2) The undertaker must not commence construction of the specified work until approval, unconditionally or conditionally, has been given as provided in this paragraph.

• (3) 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.

• (4) 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 56 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, for the protection of any ordinary watercourse or for the prevention of flooding.

• (5) The drainage authority must use all reasonable endeavours to respond to the submission of any plans before the expiration of the period mentioned in sub-paragraph (4)(b).

• (6) Any refusal under this paragraph must be accompanied by a statement of the reasons for refusal.

20

Without limiting paragraph 19, 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—

• (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, by reason of any specified work.

21

• (1) Subject to sub-paragraph (2), any specified work, and all protective works required by the drainage authority under paragraph 20, 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 7 days after the date of completion.

• (3) If the drainage authority reasonably requires, the undertaker must construct all or part of the protective works so that they are in place before the construction of the specified work.

• (4) If any part of a specified work or any protective work required by the drainage authority is constructed otherwise than in accordance with the requirements of this Part of this Schedule, the drainage authority may by notice in writing require the undertaker at the undertaker’s expense to comply with the requirements of this Part of this Schedule or (if the undertaker so elects and the drainage authority in writing consents, such consent not to be unreasonably withheld or delayed) to remove, alter or pull down the work and, where removal is required, to restore the site to its former condition to such extent and within such limits as the drainage authority reasonably requires.

• (5) Subject to sub-paragraph (6) and paragraphs 24 and 25, if within a reasonable period, being not less than 28 days from the date when a notice under sub-paragraph (4) is served on the undertaker, the undertaker has failed to begin taking steps to comply with the requirements of the notice or subsequently made reasonably expeditious progress towards their implementation, the drainage authority may execute the works specified in the notice, and any expenditure reasonably and properly incurred by it in so doing is recoverable from the undertaker.

• (6) In the event of any dispute as to whether sub-paragraph (4) is properly applicable to any work in respect of which notice has been served under that sub-paragraph, or as to the reasonableness of any requirement of such a notice, the drainage authority must not except in an emergency exercise the powers conferred by sub-paragraph (5) until the dispute has been finally determined in accordance with paragraph 26.

22

• (1) Subject to sub-paragraph (5), the undertaker must from the commencement of the construction of the specified work maintain in good repair and condition and free from obstruction any drainage work which is situated within the Order Limits on land held by the undertaker for the purposes of or in connection with the specified work, whether or not the drainage work is constructed under the powers conferred by this Order or is already in existence.

• (2) If any drainage work which the undertaker is liable to maintain is not maintained to the reasonable satisfaction of the drainage authority, the drainage authority may by notice in writing require the undertaker to repair and restore the work, or any part of such work, or (if the undertaker so elects and the drainage authority in writing consents, such consent not to be unreasonably withheld or delayed), to remove the specified work and restore the site to its former condition, to such extent and within such limits as the drainage authority reasonably requires.

• (3) Subject to sub-paragraph (4), if, within a reasonable period being not less than 28 days beginning with the date on which a notice in respect of any drainage work is served under sub-paragraph (2) on the undertaker, the undertaker has failed to begin taking steps to comply with the reasonable requirements of the notice and has not subsequently made reasonably expeditious progress towards their implementation, the drainage authority may do what is necessary for such compliance and may, subject to paragraphs 24 and 25, recover any expenditure reasonably and properly incurred by it in so doing from the undertaker.

• (4) In the event of any dispute as to the reasonableness of any requirement of a notice served under sub-paragraph (2), the drainage authority must not except in a case of emergency exercise the powers conferred by sub-paragraph (3) until the dispute has been finally determined in accordance with paragraph 26.

• (5) This paragraph does not apply to—

• (a) drainage works which are vested in the drainage authority, or which the drainage authority or another person is liable to maintain and is not prevented by this Order from so doing; and

• (b) any obstruction of a drainage work for the purpose of a work or operation authorised by this Order and carried out in accordance with the provisions of this Part of this Schedule provided that any obstruction is removed as soon as reasonably practicable.

23

Subject to paragraphs 24 and 25 and paragraph 22(5)(b), if by reason of the construction of any specified work or of the failure of any such 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 and properly incurred by it in doing so.

24

The undertaker must compensate the drainage authority in respect of all costs, charges and expenses which the drainage authority may reasonably and properly incur—

• (a) in the examination or approval of plans under this Part of this Schedule;

• (b) in the inspection of the construction of the specified works or any protective works required by the drainage authority under this Part of this Schedule; and

• (c) in the carrying out of any surveys or tests by the drainage authority which are reasonably required in connection with the construction of the specified works.

25

• (1) Without limiting the other provisions of this Part of this Schedule, the undertaker must indemnify the drainage authority in respect of all reasonable claims, demands, proceedings, costs, damages, expenses or loss that may be made or taken against, recovered from or incurred by the drainage authority by reason of—

• (a) the construction, operation or maintenance of any specified works or the failure of any such works comprised within them;

• (b) any damage to any drainage work so as to impair its efficiency for the purposes of flood defence;

• (c) any raising or lowering of the water table in land adjoining the authorised development or any sewers, drains and watercourses; or

• (d) any flooding or increased flooding of any such land.

• (2) The drainage authority must give to the undertaker reasonable notice of any such claim or demand and must not settle or compromise a claim without the agreement of the undertaker, which agreement must not be unreasonably withheld or delayed.

• (3) The drainage authority must at all times take reasonable steps to prevent and mitigate any such claims, demands, proceedings, costs, damages, expenses or loss.

• (4) 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 the provisions of this Part of this Schedule.

• (5) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to—

• (a) any loss arising out of or in consequence of any negligent act or default of the drainage authority or its officers, servants, agents or contractors or any person or body for which it is responsible; or

• (b) any indirect or consequential loss of the drainage authority or any third party (including but not limited to loss of use, revenue, profit, contract, production, increased cost of working or business interruption).

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 39 (arbitration), but otherwise is to be determined by the Secretary of State for Energy Security and Net Zero on a reference to them by the undertaker or the drainage authority, after notice in writing by one to the other.

PART 4 — FOR THE PROTECTION OF THE ENVIRONMENT AGENCY

27

• (1) The following provisions apply for the protection of the Agency unless otherwise agreed in writing between the undertaker and the Agency.

• (2) In this part of this Schedule—

• “Agency” means the Environment Agency;

• “construction” includes execution, placing, altering, replacing, relaying and removal and excavation and “construct” and “constructed” is construed accordingly;

• “drainage work” means any main river and includes any land which provides or is expected to provide flood storage capacity for any main river and any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage, flood defence or tidal monitoring;

• “emergency” means an occurrence which presents a risk of— serious flooding; serious detrimental impact on drainage; or serious harm to the environment

• “fishery” means any waters containing fish and fish in, or migrating to or from, such waters and the spawn, spawning ground, habitat or food of such fish;

• “main river” has the same meaning given in section 113 of the Water Resources Act 1991;

• “non-tidal main river” has the meaning given in paragraph 2(1) of Part 1 of Schedule 25 to the Environmental Permitting (England and Wales) Regulations 2016;

• “plans” includes plans, sections, elevations, drawings, specifications, programmes, proposals, calculations, method statements and descriptions;

• “remote defence” means any berm, wall or embankment that is constructed for the purposes of preventing or alleviating flooding from, or in connection with, any main river;