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The Cambridge Waste Water Treatment Plant Relocation Order 2025

Type Statutory-Instrument

Publication 2025-04-02

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(6) The following do not apply in connection with the exercise of the power under paragraph (1) in relation to subsoil only—

(a) Schedule 2A⁵⁷ (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act;

(b) Schedule A1⁵⁸ (counter-notice requiring purchase of land not in general vesting declaration) to the 1981 Act; and

Private Rights

31

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

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

(b) on the date of entry on the land by the undertaker under section 11(1)⁶⁰ (power of entry) of the 1965 Act,

whichever is the earlier.

(2) Subject to the provisions of this article, all private rights or restrictive covenants over land subject to the compulsory acquisition of rights or the imposition of restrictive covenants under article 28 (compulsory acquisition of rights and imposition of restrictive covenants) are extinguished in so far as their continuance would be inconsistent with the exercise of the right or compliance with the restrictive covenant—

(a) as from the date of the acquisition of the right or the imposition of the restrictive covenant by the undertaker (whether the right is acquired or the restrictive covenant is imposed compulsorily, by agreement or through the grant of lease of the land by agreement); or

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

whichever is the earlier.

(3) Subject to the provisions of this article, all private rights over any part of the Order land that is owned by, vested in or acquired by the undertaker, including the land specified in article 26(4)(a) (compulsory acquisition of land), are extinguished on commencement of any activity authorised by this Order which interferes with or breaches those rights.

(4) Subject to the provisions of this article, all private rights over the Order land specified in article 26(4)(b) are extinguished on commencement of any activity authorised by this Order which interferes with or breaches those rights.

(5) Subject to the provisions of this article, all private rights or restrictive covenants over land of which the undertaker takes temporary possession under this Order are suspended and unenforceable for as long as the undertaker remains in lawful possession of the land.

(6) Any person who suffers loss by the extinguishment or suspension of any private right or restrictive covenants under this article is entitled to compensation to be determined, in case of dispute, as if it were a dispute under Part 1 of the 1961 Act (determination of questions of disputed compensation).

(7) This article does not apply in relation to any right to which section 138⁶¹ (extinguishment of rights, and removal of apparatus, of statutory undertakers etc) of the 2008 Act or article 41 (statutory undertakers) applies.

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

(a) any notice given by the undertaker before—

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

(ii) the undertaker’s appropriation of the land;

(iii) the undertaker’s entry onto the land;

(iv) the commencement of any activity on land authorised by this Order which interferes with or breaches any private rights over land; or

(v) the undertaker’s taking temporary possession of the land,

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

(b) any agreement made at any time between the undertaker and the person in or to whom the right in question is vested or belongs.

(9) If an agreement referred to in paragraph (8)(b)—

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

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

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

(10) Reference in this article to private rights over land includes reference to any right of way, right of navigation, trust, incident, easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support and include restrictions as to the user of land arising by virtue of a contract, agreement or undertaking having that effect.

Power to override easements and other rights

32

(1) Any authorised activity which takes place within the Order limits (whether the activity is undertaken by the undertaker or by any person deriving title from the undertaker or by any contractors, servants or agents of the undertaker) and the doing of anything else authorised by this Order is authorised for the purpose specified in section 158(2) (nuisance: statutory authority) of the 2008 Act, notwithstanding that it involves—

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

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

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

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

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

(3) The interests and rights to which this article applies include any easement, liberty, privilege, right, including any right of navigation, or advantage annexed to land and adversely affecting other land, including any natural right to support and any restrictions as to the use of land arising by virtue of a contract.

(4) Subject to article 39 (no double recovery), where any interest, right or restriction to which this article applies is overridden by paragraph (1), unless otherwise agreed, compensation—

(a) is payable under section 7 (measure of compensation in case of severance) or 10⁶² (further provision as to compensation for injurious affection) of the 1965 Act; and

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

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

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

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

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

(b) fails to discharge that liability,

the liability is enforceable against the undertaker.

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

(7) Subsection (2) of section 10 of the 1965 Act applies to paragraph (4) by virtue of section 152(5) (compensation in case where no right to claim in nuisance) of the 2008 Act.

(8) Any rule or principle applied to the construction of section 10 of the 1965 Act applies to the construction of paragraph (4) with any necessary modifications.

Application and modification of the 1981 Act

33

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

(2) The 1981 Act, as applied by paragraph (1), has effect with the following modifications.

(3) In section 1 (application of Act), in subsection (1), omit the words “in themselves”.

(4) In section 1, for subsection (2), substitute—

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

(5) In section 4⁶³ (execution of declaration), for subsection (1) substitute—

(1) The acquiring authority may execute in respect of any of the land which they are authorised to acquire by the compulsory purchase order a declaration in the prescribed form vesting the land in themselves, or in the case of land or a right that they are authorised to acquire for the benefit of a third party, in the third party in question, from the end of such period as may be specified in the declaration (not being less than 3 months from the date on which the service of notices required by section 6 is completed).

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

(7) In section 5B⁶⁴ (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order)” substitute “section 118 of the 2008 Act (legal challenges relating to applications for orders granting development consent).

(8) In section 6⁶⁵ (notices after execution of declaration), in subsection (1)(b) for “section 15 of, or paragraph 6 of Schedule 1 to, the Acquisition of Land Act 1981” substitute “section 134 (notice of authorisation of compulsory acquisition) of the Planning Act 2008”.

(9) In section 7⁶⁶ (constructive notice to treat), in subsection (1)(a), omit the words “(as modified by section 4 of the Acquisition of Land Act 1981)”.

(10) In section 8⁶⁷ (vesting and right to enter and take possession), after subsection (3), insert—

(4) In this section references to the acquiring authority include any third party referred to in section 4(1).

(11) In section 10⁶⁸ (acquiring authority’s liability arising on vesting of the land), in subsection (1), after “vested in an acquiring authority” insert “or a third party”.

(12) In section 11⁶⁹ (recovery of compensation overpaid), for subsection (1) substitute—

(1) This section applies where after the execution of a general vesting declaration a person (“the claimant”) claims compensation in respect of the acquisition of an interest in land by virtue of the declaration, and the acquiring authority pay compensation in respect of that interest

(13) In Schedule A1⁷⁰ (counter-notice requiring purchase of land not in general vesting declaration), for paragraph 1(2) substitute—

(2) But see article 29 (acquisition of subsoil only) and article 30 (acquisition of land limited to subsoil lying more than 7 metres beneath surface) of the Cambridge Waste Water Treatment Plant Relocation Order 2025, which excludes the acquisition of subsoil only from this Schedule

(14) References to the 1965 Act in the 1981 Act must be construed as references to the 1965 Act as applied by section 125⁷¹ (application of compulsory acquisition provisions) of the 2008 Act and as modified by article 34 (modification of Part 1 of the 1965 Act) to the compulsory acquisition of land under this Order.

Modification of Part 1 of the 1965 Act

34

(1) Part 1 (compulsory purchase under Acquisition of Land Act of 1946) of the 1965 Act, as applied to this Order by section 125⁷² (application of compulsory acquisition provisions) of the 2008 Act, is modified as follows—

(2) In section 4A(1)⁷³ (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order)” substitute “section 118 of the Planning Act 2008 (legal challenges relating to applications for orders granting development consent)”.

(3) In section 11A⁷⁴ (powers of entry: further notice of entry)—

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

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

(4) In Schedule 2A⁷⁵ (counter-notice requiring purchase of land not in notice to treat) after paragraph 29, insert—

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

(2) But see article 29(3) (acquisition of subsoil only) and article 30(6) (acquisition of land limited to subsoil lying more than 7 metres beneath surface) of the Cambridge Waste Water Treatment Plant Relocation Order 2025, which exclude the acquisition of subsoil only from this Schedule

; and

(b) at the end insert—

(30) In this Schedule, references to entering on and taking possession of land do not include doing so under article 35 (temporary use of land for carrying out the authorised development) or 36 (temporary use of land for maintaining the authorised development) of the Cambridge Waste Water Treatment Plant Relocation Order 2025

Temporary use of land for carrying out the authorised development

35

(1) The undertaker may, in connection with the carrying out of the authorised development—

(a) enter on and take temporary possession of—

(i) the land specified in columns (1) and (2) of Schedule 12 (land of which temporary possession only may be taken) for the purpose specified in relation to that land in column (3) of that Schedule; and

(ii) any other Order land in respect of which no notice of entry has been served under section 11⁷⁶ (powers of entry) of the 1965 Act and no declaration has been made under section 4⁷⁷ (execution of declaration) of the 1981 Act (in either case other than in connection with the acquisition of rights, imposition of restrictive covenants and/or acquisition of subsoil only);

(b) remove any buildings and vegetation from that land that reasonably need to be removed in connection with the carrying out of the authorised development;

(c) construct works (including the provision of means of access and erection of fencing or other means of enclosure) and buildings on that land;

(d) use the land for the purposes of a working site (including storage of materials and siting of equipment and apparatus) with access to the working site in connection with the authorised development;

(e) construct any works, or use the land, as specified in relation to that land in column (3) of Schedule 12, or carry out any mitigation works;

(f) break up the surface of the land to construct the authorised development and in the event of an emergency to remove, recover, reposition, repair or maintain underground apparatus;

(g) construct such works on that land as are mentioned in Schedule 1 (authorised development); and

(h) carry out mitigation works required pursuant to the requirements in Part 1 of Schedule 2 (requirements).

(2) Not less than 28 days before entering on and taking temporary possession of land under this article, the undertaker must serve notice of the intended entry on the owners and occupiers of the land.

(3) The undertaker is not required to serve notice under paragraph (2) where the undertaker has identified a potential risk to the safety of any of—

(a) the authorised development or any of its parts;

(b) the public; or

(4) The undertaker may not, without the agreement of the owners or any lessee of the land, remain in possession of any land under this article—

(a) in the case of land specified in paragraph (1)(a)(i) after the end of the period of one year beginning with the date of the end of construction work for that part of the authorised development specified in relation to that land in column (4) of Schedule 12; or

(b) in the case of land referred to in paragraph (1)(a)(ii), after the end of the period of one year beginning with the date of the end of construction work for which temporary possession of this land was taken unless the undertaker has, before the end of that period, served a notice of entry under section 11 of the 1965 Act or made a declaration under section 4 of the 1981 Act or has otherwise acquired the land subject to temporary possession.

(5) Unless the undertaker has served notice of entry under section 11 of the 1965 Act or made a declaration under section 4 of the 1981 Act or otherwise acquired the land or rights over land subject to temporary possession, before giving up possession of land of which temporary possession has been taken, unless otherwise agreed by the owners of the land, the undertaker must remove all works and restore the land to the reasonable satisfaction of the owners of the land; but the undertaker must not be required to—

(a) replace any building, structure, drain or electric line removed under this article;

(b) remove any drainage works installed by the undertaker under this article;

(c) remove any new road surface or other improvements carried out under this article to any street specified in Schedule 3 (streets subject to street works);

(d) restore the land on which any permanent works have been constructed under paragraph (1)(e), (1)(f) or (1)(g);

(e) remove any ground strengthening works which have been placed on the land to facilitate construction of the authorised development;

(f) remove any measures installed over or around statutory undertakers’ apparatus to protect that apparatus from the authorised development;

(g) remove or reposition any apparatus belonging to statutory undertakers or necessary mitigation works; or

(h) restore the land on which any works have been carried out under paragraph (1)(h) insofar as the works relate to mitigation works identified in the environmental statement or required pursuant to the requirements in Part 1 of Schedule 2.

(6) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of any power conferred by this article.

(7) Any dispute as to a person’s entitlement to compensation under paragraph (6), or as to the amount of the compensation, is to be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(8) Subject to article 39 (no double recovery) nothing in this article affects any liability to pay compensation under section 152⁷⁸ (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the carrying out of the authorised project, other than loss or damage for which compensation is payable under paragraph (6).

(9) The undertaker may not compulsorily acquire under this Order the land referred to in paragraph (1)(a)(i) except that the undertaker is not to be precluded from—

(a) carrying out protective works under article 20 (protective works to buildings and structures); or

(b) carrying out a survey of that land under article 21 (authority to survey and investigate the land).

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

(11) Section 13⁷⁹ (refusal to give possession to acquiring authority) of the 1965 Act shall apply to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125⁸⁰ (application of compulsory acquisition provisions) of the 2008 Act.

Temporary use of land for maintaining the authorised development

36

(1) Subject to paragraph (2) the undertaker may—

(a) enter on and take temporary possession of any land within the Order land if such possession is reasonably required for the purpose of maintaining the authorised development;

(b) enter on any land within the Order land for the purpose of gaining such access as is reasonably required for the purpose of maintaining the authorised development; and

(c) construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose.

(2) Paragraph (1) does not authorise the undertaker to take temporary possession of—

(a) any house or garden belonging to a house; or

(b) any building (other than a house) if it is for the time being occupied.

(3) Not less than 28 days before entering on and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land explaining the purpose for which entry is to be taken.

(4) The undertaker may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance of the part of the authorised development for which possession of the land was taken.

(5) Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land.

(6) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of this article.

(7) Any dispute as to a person’s entitlement to compensation under paragraph (6), or as to the amount of the compensation, is to be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(8) Nothing in this article affects any liability to pay compensation under section 152⁸¹ (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the maintenance of the authorised development, other than loss or damage for which compensation is payable under paragraph (6).

(9) The undertaker is not required to serve notice under paragraph (3) where the undertaker has identified a potential risk to the safety of any of—

(a) the authorised development or any of its parts;

(b) the public; or

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

(11) Section 13⁸² (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125⁸³ (application of compulsory acquisition provisions) of the 2008 Act.

Disregard of certain interests and improvements

37

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

(a) any interest in land; or

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

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

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

Set-off for enhancement in value of retained land

38

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

(2) In assessing the compensation payable to any person in respect of the acquisition from that person of any new rights over land (including the subsoil), under article 28 (compulsory acquisition of rights and imposition of restrictive covenants), the tribunal is to set off against the value of the rights or restrictive covenants so acquired—

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

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

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

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

No double recovery

39

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

Compulsory acquisition of land – incorporation of the mineral code

40

Parts 2 and 3 of Schedule 2 (minerals) to the Acquisition of Land Act 1981⁸⁴ are incorporated in this Order subject to the following modifications—

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

(b) for the “undertaking” substitute “authorised development”; and

Statutory undertakers

41

Subject to the provisions of Schedule 15 (protective provisions) and article 28 (compulsory acquisition of rights and imposition of restrictive covenants) the undertaker may—

(a) acquire compulsorily, or acquire new rights or impose restrictive covenants over, the land belonging to statutory undertakers shown on the land plans within the Order land; and

(b) extinguish the rights of, or restrictions for the benefit of, remove, relocate the rights of or reposition the apparatus belonging to statutory undertakers over or within the Order land.

Recovery of costs of new connections

42

(1) Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 41 (statutory undertakers) any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.

(2) Paragraph (1) does not apply in the case of the removal of a public sewer but where such a sewer is removed under article 41, any person who is—

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

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

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

(3) This article does not have effect in relation to apparatus to which Part 3 (street works in England and Wales) of the 1991 Act applies.

(4) In this article—

“public communications provider” has the same meaning as in section 151(1) (interpretation of chapter 1) of the Communications Act 2003⁸⁵; and

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

Rights under or over streets

43

(1) The undertaker may enter onto and use so much of the subsoil of, or air-space over, any street within the Order limits as may be required for the purposes of the authorised development and may use the subsoil or air-space for those purposes.

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

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

(a) any subway, tunnel or underground building; or

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

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

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

(6) The undertaker must as soon as reasonably practicable and in any case no later than 14 days before entering the subsoil or airspace, serve notice of the use under this article, on the owner and or occupier of the subsoil or airspace proposed to be used, and such notice must be accompanied by plans showing in sufficient detail the subsoil and airspace to be used under this article and upon written request the undertaker will supply a copy of such notice and plans to the local authority and (if different) the local highway authority.

(7) If at any time following the use pursuant to paragraph (1) the subsoil or airspace is no longer required to be used under this article for the purposes of the authorised development—

(a) the undertaker will serve notice on the owner that the subsoil or airspace is no longer required;

(b) upon service of notice to the owner the right of the undertaker to use the subsoil or airspace given by paragraphs (1) and (2) will cease; and

(c) the undertaker (or if different the owner for the time being of the part of the authorised development occupying the subsoil or airspace) will within a reasonable time following the written request of the owner to do so, remove its equipment from the subsoil or airspace and restore the subsoil or airspace to the reasonable satisfaction of the owner and deliver up vacant possession of it.

PART 6 — MISCELLANEOUS AND GENERAL

Rights on the river Cam

44

(1) Notwithstanding the licences which may have been granted pursuant to sections 15 (conservators may license piers embankments &c.) or 16 (no erections or works in river or on shores thereof without licence) of the River Cam Conservancy Act 1922⁸⁶, the undertaker may for the purposes of the construction, operation, use and maintenance of the authorised development temporarily suspend any rights of navigation or any other rights over the parts of the river Cam identified with blue hatching on the rights of way plans.

(2) Notwithstanding the licences which may have been granted pursuant to section 15 or 16 of the River Cam Conservancy Act 1922, the undertaker may for the purposes of the construction, operation, use and maintenance of the authorised development permanently extinguish any rights of navigation or other rights over that part of the river Cam which is shown and numbered 019a on the land plans to be permanently acquired by the undertaker in connection with Work No. 32.

(3) Save as provided in paragraph (1) and (2), any rights of navigation over any other parts of the river Cam may be temporarily suspended with the written consent of the relevant navigation authority as provided in paragraph 110 of Part 7 (for the protection of the relevant navigation authority) of Schedule 15 (protective provisions).

(4) The undertaker must not exercise the powers in paragraph (1) or (2) unless it has—

(a) given not less than 42 days’ notice in writing of its intention to do so to the relevant navigation authority;

(b) published notice of the temporary suspension or extinguishment and the date from which the temporary suspension or extinguishment is to have effect once in each of 2 successive weeks in a local newspaper published or circulating in the City of Cambridge; and

(c) displayed notice of the temporary suspension or extinguishment and the date from which the temporary suspension or extinguishment is to have effect in a conspicuous position adjacent to the river Cam from the date of the first notice published under sub-paragraph (b) above, until at least 7 days after the date on which the last notice is published under sub-paragraph (b).

(5) The date that is notified, published and displayed under paragraph (4) as the date from which the suspension or extinguishment is to have effect must not be earlier than 14 days after the last date on which a notice is published under paragraph (4)(b).

(6) The River Cam Navigation Act 1851⁸⁷, the River Cam Conservancy Act 1922⁸⁸ and Part IV (Conservators of the River Cam) of the Cambridge City Council Act 1985⁸⁹ are disapplied in so far as their continuance is inconsistent with the construction, operation, use and maintenance of the authorised development.

(7) The Conservators of the River Cam Byelaws 1996 are disapplied in so far as their continuance is inconsistent with the construction, operation, use and maintenance of the authorised development.

Application of landlord and tenant law

45

(1) This article applies to—

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

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

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

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

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

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

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

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

Operational land for the purposes of the 1990 Act

46

Development consent granted by this Order is to be treated as specific planning permission for the purposes of section 264(3) (cases in which land is to be treated as not being operational land) of the 1990 Act.

Protective Provisions

47

Schedule 15 (protective provisions) to this Order has effect.

Discharge of requirements and other approvals etc

48

(1) Save as provided otherwise by this Order, paragraphs (1) and (3) of Part 2 (procedure for discharge of certain approvals) of Schedule 2 (requirements) is to have effect in relation to applications made pursuant to the requirements set out in Schedule 2.

(2) Save as provided otherwise by this Order, paragraph (3) of Part 2 of Schedule 2 is to have effect in relation to all consents, agreements, approvals or notices granted, refused or withheld in relation to—

(a) the requirements set out in Part 1 of Schedule 2;

(b) any document referred to in any requirement set out in Part 1 of Schedule 2; and

(c) the functions of the local authority set out in Sections 60 (control of noise on construction sites) and or 61 (prior consent for work on construction sites) of the Control of Pollution Act 1974⁹⁰.

(3) Where an application is made to, or a request is made of, the relevant planning authority, highway authority, street authority or the owner of a watercourse, sewer or drain or any other relevant person for any agreement or approval required or contemplated by any of the provisions of this Order, such agreement or approval must, if given, be given in writing and must not be unreasonably withheld or delayed.

Application, disapplication and modification of legislative provisions

49

Schedule 17 (miscellaneous controls) to this Order, which makes provision applying, modifying and excluding statutory provisions which relate to matters for which provision may be made by this Order, has effect.

Crown rights

50

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

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

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

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

(2) Paragraph (1) does not apply to the exercise of any right under this Order for the compulsory acquisition of an interest in any Crown land (as defined in section 227⁹¹ (“Crown land” and “the appropriate Crown authority”) of the 2008 Act) which is for the time being held otherwise than by or on behalf of the Crown.

(3) A consent under paragraph (1)—

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

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

Certification of plans etc.

51

(1) The undertaker must, as soon as practicable after the making of this Order, submit to the Secretary of State copies of each of the plans and documents set out in Schedule 18 (certification of plans and documents) for certification that they are true copies of the plans and documents referred to in this Order.

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

Arbitration

52

(1) Any difference under any provision of this Order, unless otherwise provided for, is to be referred to and settled in arbitration in accordance with the rules at Schedule 19 (arbitration rules) of this Order, by a single arbitrator to be agreed upon by the parties, within 14 days of receipt of the notice of arbitration, or if the parties fail to agree within the time period stipulated, to be appointed on application of either party (after giving written notice to the other) by the Secretary of State.

(2) For the avoidance of doubt, any matter for which the consent or approval of the Secretary of State is required under any provision of this Order is not subject to arbitration.

Service of notices

53

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

(a) by post;

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

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

(3) For the purposes of section 7 (references to service by post) of the Interpretation Act 1978⁹² as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address, and otherwise—

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

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

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

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

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

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

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

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

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

(6) Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within 7 days of receipt that the recipient requires a paper copy of all or part of that notice or other document the sender must provide such a copy as soon as reasonably practicable.

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

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

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

(b) such revocation is final and takes effect on a date specified by the person in the notice but that date must not be less than 7 days after the date on which the notice is given.

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

(10) In this article—

“electronic transmission” means a communication transmitted— by means of an electronic communications network; or by other means but while in electronic form; and

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

SCHEDULE 1 — AUTHORISED DEVELOPMENT

Development which, in accordance with a direction made by the Secretary of State under section 35⁹³ (directions in relation to projects of national significance) of the 2008 Act on 18 January 2021, is development for which development consent is required in the County of Cambridgeshire, the District of South Cambridgeshire and the City of Cambridge, being a waste water treatment plant together with associated development within the meaning of section 115(1)(b) (development for which development consent may be granted) of the 2008 Act comprising—

Work No. 1 – HIGHWAY WORKS

Highway works the general arrangement of which is shown on sheet 1 of the highways plans including—

(a) reconfiguration of the existing signalised junction of B1047 Horningsea Road and A14 Junction 34 eastbound slip road to provide a signalised four-arm junction facilitating access to Work No. 2;

(b) widening of and improvements to the existing footway/cycleway on the western side of the B1047 Horningsea Road and Horningsea Road between the westbound on-slip at A14 Junction 34 and Low Fen Drove Way including the provision of a verge between the footway/cycleway and the main carriageway;

(c) provision of a new central island on Horningsea Road to facilitate pedestrian and cyclist crossing to new footpaths and cycleways to be provided as part of Work No. 23 and the new footway/cycleway to be provided at (d);

(d) a new footway/cycleway on the eastern side of Horningsea Road between Low Fen Drove Way and the new central island to be provided at (c) and connecting to new footpaths and cycleways to be provided as part of Work No. 23;

(e) replacement of the parapet on the A14 overbridge on the B1047 Horningsea Road and associated highway layout alterations;

(f) improvements to the existing pedestrian and cycle crossings at the junction of the A14 Junction 34 on and off slips on the B1047 Horningsea Road;

(g) alterations to the B1047 Horningsea Road and Horningsea Road;

(h) street lighting, signage and associated electrical equipment;

(i) reconfiguration of kerb lines; and

(j) connections to Work No. 2.

Work No. 2 – PERMANENT ACCESS ROAD

A new two-lane road access to the waste water treatment plant from the reconfigured A14 Junction 34/B1047 Horningsea Road junction the general arrangement of which is shown on sheet 1 of the highways plans including—

(a) landscaping;

(b) drainage;

(d) automatic number plate recognition cameras;

(e) signage;

(f) street lighting at the junction with Work No. 1; and

(g) connections to Work No. 1 and Work No. 3 and to the access and circulation roads to be constructed within the inner boundary of Work No. 15.

Work No. 3 –VISITOR PARKING

Visitor parking, cycle storage including landscaping, lighting, pathways and electric vehicle charging points and connections to Work No. 2.

Work No. 4 – INLET WORKS & PRELIMINARY TREATMENT

Inlet works structure to receive flows from Work No. 8, Work No. 16 and Work No. 35 and imported liquors including—

(a) two screenings handling plants;

(b) screen channel;

(d) flow measurement channel;

(e) grit handling plant;

(f) two odour control units and exhaust stacks;

(g) skip storage area;

(h) cess and septic discharge point; and

(i) connections to Work No. 6, Work No. 8, Work No. 13, Work No. 16 and Work No. 35.

Work No. 5 – ELECTRICAL SUPPLY AND POWER GENERATION

Electricity substations, ring main units, transformers, high-voltage kiosk, low voltage switch board, low voltage kiosk, stand-by generators and fuel storage.

Work No. 6 – PRIMARY TREATMENT & CHEMICAL DOSING

Primary treatment works including—

(a) chemical storage and ferric dosing plant;

(b) up to 6 primary settlement tanks including sludge management system;

(d) sludge transfer pumping station;

(e) distribution chamber; and

(f) connections to Work Nos. 4, 8, 10, 11 and 13.

Work No. 7 – WORKSHOP & PARKING

A workshop building and parking including—

(a) workshop building;

(b) innovation area;

(d) liquefied natural gas (LNG) storage and filling point;

(e) vehicle parking including HGV parking;

(f) electric vehicle charging points; and

(g) rooftop solar photovoltaic panels.

Work No. 8 – SLUDGE TREATMENT CENTRE

A sludge treatment centre comprising—

(a) sludge reception facilities for imported primary settled sludge and surplus activated sludge;

(b) up to 2 imported and indigenous primary sludge tanks;

(d) screens;

(e) up to 2 odour control units with vent stacks;

(f) thickening building including a sludge blending tank;

(g) up to two anaerobic sludge digesters;

(h) up to 2 post digestion storage tanks and vacuum de-gassing units;

(i) a heating, pasteurisation and hydrolysis process heating tank;

(j) up to 2 heating, pasteurisation and hydrolysis process pasteurisation tanks;

(k) a heating, pasteurisation and hydrolysis process hydrolysis tank;

(l) up to 2 dewatering centrifuges/volutes;

(m) cake storage barn and silo area;

(n) either—

(i) a liquor treatment plant including a reactor, a stilling tank and a settlement tank; and/or

(ii) a nutrient recovery plant including three stripping/scrubbing columns and a feed pumping station; and/or

(iii) a hybrid liquor treatment plant and nutrient recovery plant;

(o) biogas handling equipment including up to 2 gas holders and a flare stack;

(p) boiler building and boiler stack;

(q) final effluent heat recovery and treatment plant;

(r) chemical storage and dosing plant;

(s) aviation obstruction lighting; and

(t) connections to Work Nos. 4, 6, 9, 10, 11 and 13.

Work No. 9 – GAS TO GRID OR COMBINED HEAT AND POWER (CHP)

A gas-to-grid injection unit including propane storage or a CHP engine including connections to Work No. 8 and connections to the gas and/or electricity networks.

Work No. 10 – SECONDARY TREATMENT MEMBRANE AERATED BIOFILM REACTOR (MABR)

Secondary treatment works including—

(a) up to 4 activated sludge process tanks;

(b) mixing and conditioning tank;

(d) submerged air distribution pipework;

(e) mixing and conditioning chamber;

(f) interstage pumping station; and

(g) connections to Work No. 6 and Work No. 11.

Work No. 11 – SECONDARY TREATMENT (SETTLEMENT)

Final settlement including—

(a) up to 8 final settlement tanks including sludge management system;

(b) return activated sludge pumps including chambers;

(d) pumping station;

(e) chemical storage and ferric dosing plant;

(f) distribution chamber; and

(g) connections to Work Nos. 6, 8, 10 and 13.

Work No. 12 – TREATED WATER COLLECTION CHAMBER

Treated water collection chamber and connections to Work No. 13, Work No. 14 and Work No. 31.

Work No. 13 – TERTIARY TREATMENT

Tertiary treatment works including—

(a) filtration plant;

(b) wash-water pump sets;

(d) sand washing system;

(e) backwash pumps;

(f) chemical storage and ferric dosing plant; and

(g) connections to Work Nos. 4, 6, 8, 11, and 12.

Work No. 14 – STORMWATER MANAGEMENT

Storm management plant for stormwater storage and treatment including—

(a) pumping station;

(b) storm tanks;

(d) discharge overflow pipework;

(e) screens; and

(f) connections to Work No. 16 and Work No. 12.

Work No. 15 – EARTH BUND & SOLAR PHOTOVOLTAIC PANELS (PV)

Landscaping and earthworks including—

(a) solar photovoltaic panels and associated mounting structures, inverters, transformers and cabling;

(b) security fencing; and

Work No. 16 – TERMINAL PUMPING STATION

A terminal pumping station including a shaft and including the following—

(a) dry weather flow pumps;

(b) storm pumps;

(d) dewatering; and

(e) connections to Work Nos. 4, 14, 27 and 35.

Work No. 17 – EXISTING RISING AND GRAVITY MAIN DIVERSIONS

Works to divert existing rising and gravity mains to Work No.18 comprising—

(a) cuttings into existing mains in under or adjacent to Cowley Road;

(b) connections from existing mains to new 750mm gravity main;

(d) installation of new 750mm gravity main;

(e) associated diversion works for existing utilities including the Fen Ditton rising main; and

(f) decommissioning works to redundant mains.

Work No. 18 – INTERCEPTION AND FIRST CONSTRUCTION SHAFT

Interception shaft to intercept incoming waste water flows from the existing Riverside tunnel and receive flows from a new 750mm gravity main within Work No. 17 with an internal diameter of up to 12.5 metres and with a depth of up to 20 metres including—

(a) ventilation stack extending up to 10 metres above the proposed ground level;

(b) vortex drop pipe;

(d) welfare and laydown area, hard standing and storage area;

(e) dewatering;

(f) security fencing;

(g) soil handling;

(h) crane working space;

(i) decommissioning works to redundant mains;

(j) local control panels;

(k) kiosks;

(l) closed circuit television cameras and columns;

(m) lightning protection infrastructure including masts, finials, earth matts and bonding;

(n) chemical storage and dosing plant;

(o) a temporary shaft associated with the construction of Work No. 27; and

(p) connections to Work Nos. 17, 26 and 27.

Work No. 19 – GATEWAY BUILDING

Gateway building including—

(a) office space;

(b) welfare facilities;

(d) rooftop solar photovoltaic panels;

(e) refuse bins;

(f) associated plant; and

(g) bicycle storage.

Work No. 20 – TEMPORARY COMPOUND AREA

Temporary compound area including welfare facilities.

Work No. 21 – TEMPORARY SITE ESTABLISHMENT

Temporary site establishment and construction works to support construction of Work Nos. 1 to 16, 27, 31, 33, 35 and 36 including—

(a) temporary site access works from Horningsea Road and to Low Fen Drove Way;

(b) working area compound;

(d) temporary lined lagoon; and

(e) hard standing, laydown and storage.

Work No. 22 – WASTE WATER TREATMENT PLANT CONSTRUCTION WORKS AREA

Construction and material storage area during construction of Work Nos. 1 to 16, 27, 31, 33, 35 and 36.

Work No. 23 – LANDSCAPING AND ECOLOGICAL WORKS

Permanent landscaping and ecological works, including—

(a) planting;

(b) earthworks and ground re-profiling;

(d) creation of footpaths.

Work No. 24 – LANDSCAPING AND ECOLOGICAL WORKS TEMPORARY WORK

Temporary access and working area to support and facilitate the landscaping and ecological works in Work No. 23.

Work No. 25 – TEMPORARY WORKING AREA COMPOUND

Temporary working area compound including welfare facilities.

Work No. 26 – DIVERSION OF RIVERSIDE TUNNEL

Works to divert the existing riverside sewer to connect to Work No. 18 comprising—

(a) temporary diversion works including a temporary shaft/pit and temporary overground pipes, underground pipework to connect the Riverside sewer to Work No. 18;

(b) installation of temporary pumps and power supply including generators and fuel storage;

(d) decommissioning works to the redundant sewer.

Work No. 27 – TRANSFER TUNNEL

An underground transfer tunnel between Work No. 18 and Work No. 16 installed using pipe jacking and including—

(a) a temporary construction shaft within each of the areas to which Work No. 27 overlaps with Work No. 28; and

(b) connections to Work Nos. 16 and 18.

Work No. 28 – TRANSFER TUNNEL CONSTRUCTION AREA TEMPORARY COMPOUNDS

Temporary working area compounds associated with Work No. 27, including—

(a) welfare and laydown areas;

(b) crane working space;

(d) dewatering;

(e) security fencing;

(f) mud and soil handling; and

(g) storage area.

Work No. 29 – TEMPORARY ACCESS WORKS TO WORKS 28, 34 & 36 (WEST OF HORNINGSEA ROAD)

Temporary access works from Horningsea Road to Work Nos. 28, 34 and 36 between Green End and Horningsea Road, with provision for early works access off Poplar Hall private access to facilitate creation, from the field to the west, of the new haul route access off the west side of B1047 Horningsea Road.

Work No. 30 – NETWORK RAIL MONITORING WORKS

Temporary access and monitoring of ground movement at varying depths to railway tracks on Network Rail land and other monitoring due to pipeline and tunnel crossings under the Cambridge to King’s Lynn railway line.

Work No. 31 – FINAL EFFLUENT & STORM PIPELINE

Two outfall pipes to be laid below ground for final effluent and storm water connecting Work No. 12 to Work No. 32 together with associated access and venting manholes and access works from Horningsea Road.

Work No. 32 - OUTFALL

Outfall works in connection with the discharge of final effluent and storm water to the river Cam comprising—

(a) two outfall pipes to be laid below ground for final effluent and storm water connecting to Work No. 31;

(b) ditch crossing, diversion and associated protection works;

(d) temporary working area compound;

(e) temporary cofferdam;

(f) outfall structure and associated fittings;

(g) river bed and embankment reinforcement works including dredging and scour protection measures; and

(h) temporary public right of way diversion and restoration works.

Work No. 33 – WATERBEACH PIPELINE NORTH

Up to two waste water pipelines laid underground between a point of connection with waste water infrastructure to be provided as part of the Waterbeach New Town development and Work No. 35 and Work No. 36, including—

(a) crossings of the river Cam, the King’s Lynn railway line and Low Fen Drove Way using horizontal directional drilling technique in accordance with the code of construction practice, but otherwise laid using either open cut trenching or horizontal directional drilling technique;

(b) new accesses and access improvements;

(d) horizontal directional drilling launch and exit pits;

(e) welfare, storage and laydown areas;

(f) temporary haul roads;

(g) dewatering, drainage works and restoration of existing land drainage;

(h) ditch crossing, diversion and associated protection works;

(i) mud and soil handling;

(j) associated infrastructure including air valves and other pipework fittings and fixtures;

(k) permanent accesses for future maintenance and replacement of the pipelines; and

(l) connections to Work No. 35 and Work No. 36.

Work No. 34 – WATERBEACH PIPELINE CONSTRUCTION AREA AND COMPOUNDS

Temporary construction compounds, welfare, storage and laydown areas and temporary haul roads in connection with Work Nos. 33, 35 and 36.

Work No. 35 – WATERBEACH PIPELINE SPUR TO TERMINAL PUMPING STATION

Up to two waste water pipelines laid underground between Work No. 33 or 36 and Work No. 16 to facilitate a connection between the waste water infrastructure to be provided as part of the Waterbeach New Town development and Work No. 16 including—

(a) crossings using either pipe-jacking or horizontal directional drilling technique but otherwise laid using either open cut trenching or horizontal drilling technique;

(b) new accesses and access improvements;

(d) horizontal directional drilling launch and exit pits;

(e) welfare, storage and laydown areas;

(f) temporary haul roads;

(g) construction compounds;

(h) dewatering, drainage works and restoration of existing land drainage;

(i) ditch crossing, diversion and associated protection works;

(j) mud and soil handling;

(k) associated infrastructure including air valves and other pipework fittings and fixtures;

(l) permanent accesses for future maintenance and replacement of the pipelines; and

(m) connections to Work No. 16 and Work Nos. 33 and/or 36.

Work No. 36 – WATERBEACH PIPELINE SOUTH

The provision of the Waterbeach pipeline south works as follows—

(a) up to two waste water pipelines laid between Work No. 33 and the boundary of the existing Cambridge waste water treatment works including crossings of the river Cam, the A14, Horningsea Road, Fen Road and the King’s Lynn railway line using horizontal directional drilling technique in accordance with the code of construction practice, but otherwise laid using either open cut tracking or horizontal directional drilling technique;

(b) up to two waste water pipelines laid underground and above ground within the existing Cambridge waste water treatment works;

(d) temporary shafts;

(e) horizontal directional drilling launch and exit pits;

(f) welfare, storage and laydown areas;

(g) temporary haul roads;

(h) dewatering, drainage works and restoration of existing land drainage;

(i) ditch crossing, diversion and associated protection works;

(j) mud and soil handling;

(k) associated infrastructure including air valves and other pipework fittings and fixtures;

(l) permanent accesses for future maintenance and replacement of the pipelines;

(m) connections to Work Nos. 33 and 35 and at the existing Cambridge waste water treatment works; and

(n) decommissioning of all or part of this Work.

Work No. 37 – TEMPORARY ACCESS WORKS FOR WORK Nos. 33 & 34

Temporary access works associated with Work Nos. 33 and 34 including temporary construction and commissioning dewatering and drainage works, and works to facilitate discharge into the watercourses adjacent to Bannold Drove, Burgess’s Road and Bannold Road.

Work No. 38 – NEW BRIDLEWAY

Works relating to the provision of a new bridleway including street apparatus, gates and signage.

Work No. 39 – ECOLOGICAL MITIGATION AREA

Ecological mitigation works, including—

(a) earthworks and ground re-profiling;

(b) creation of natural drainage ditches, wetland habitat and ponds;

(d) creation of maintenance access routes; and

(e) temporary welfare and laydown areas and haul roads.

Work No. 40 – DECOMMISSIONING EXISTING CAMBRIDGE WASTE WATER TREATMENT WORKS

Works to the existing Cambridge waste water treatment works to cease its existing operational function and to facilitate the surrender of its operational permits including—

(a) removal of pumps;

(b) isolation of plant;

(d) isolation, filling and capping of pipework;

(e) cleaning of tanks, pipes, screens and other structures, plant and machinery;

(f) works to decommission the potable water supply; and

(g) works to restrict access to walkways, plant and machinery.

Further works

In connection with Work Nos. 1 - 40 above and to the extent that they do not form any part of such work, further associated development within the Order limits comprising such other works as may be necessary or expedient for the purpose of or in connection with the relevant part of the authorised development and which fall within the scope of work assessed by the environmental statement including—

(1) In connection with Work Nos. 1 – 37, 39 and 40—

(a) highways works, including diversions, kerb alterations, white lining, road markings, re-surfacing, laybys, traffic calming, vegetation clearance, traffic management and turning areas;

(b) road and traffic signage;

(d) fencing, security and safety measures including closed-circuit television (CCTV) cameras and columns;

(e) access gates;

(f) drainage including attenuation tanks, manholes, highways drainage and internal road drainage, land drainage restoration and diversion, ground and surface water treatment facilities, soakaways and swales and other sustainable drainage systems;

(g) chemical dosing pipework;

(h) operational and maintenance task lighting;

(i) communication and control infrastructure;

(j) telemetry infrastructure including outstations;

(k) hard and soft landscaping;

(l) vehicle restraint systems;

(m) works within the existing sewers, chambers and culverts and other structures that comprise the existing sewerage network for the purposes of enabling the authorised development, including reconfiguring, modifying, altering, repairing, strengthening or reinstating the existing network;

(n) works within new and existing pumping stations including structural alterations to the interior fabric of the pumping station(s), works to reconfigure existing pipework, provision of new pipework, new penstock valves and associated equipment, modification of existing electrical, mechanical and control equipment, and installation or provision of new electrical, mechanical and control equipment;

(o) installation of electrical, mechanical and control equipment in other buildings and kiosks and modification to existing electrical, mechanical and control equipment in such buildings and kiosks;

(p) installation of pumps in chambers and buildings;

(q) works to trees and landscaping works not comprising development;

(r) works associated with monitoring of buildings and structures;

(s) works required for the strengthening, improvement, maintenance or reconstruction of any street;

(t) works to place, alter, remove or maintain street furniture or apparatus in a street, or apparatus in other land, including mains, sewers, drains, soakaways, pipes, cables and ducts; and

(u) works to install, divert, repair, replace, maintain and decommission gas, potable water, waste water, electricity and telecommunications services and apparatus.

(2) In connection with Work Nos. 1 – 40, temporary works relating to construction including—

(a) lighting;

(b) ramps, accesses, non-motorised links, and crossing facilities;

(d) security measures including fencing and CCTV.

(3) Within the area of such works which are 30 metres in any direction from the river Cam, works relating to the suspension of existing moorings and the relocation of boats/vessels including works to attach mooring structures and equipment to the boats/vessels.

(4) Within the inner boundary of Work No. 15—

(a) internal access and circulation roads, turning areas, hardstanding, and parking;

(b) air, steam and hot water distribution infrastructure;

(d) local control panels;

(e) programmable logic controllers;

(f) high voltage switchgears and transformers;

(g) solar photovoltaic panels;

(h) switchgear buildings, battery storage buildings and associated connections to the solar photovoltaic panels installed in connection with Work Nos. 7, 15 and 19;

(i) kiosks;

(j) gas infrastructure;

(k) closed-circuit television cameras and columns;

(l) odour ducting and treatment; and

(m) lightning protection infrastructure including masts, finials, earth matts and bonding.

(5) Works associated with decommissioning the existing Cambridge waste water treatment works including the existing outfall north of the A14 and assets in Cowley Road, and the existing Waterbeach Wastewater Treatment Works and diversions of existing utilities and services.

SCHEDULE 2 — REQUIREMENTS

PART 1 — REQUIREMENTS

1

In this Part of this Schedule—

“asset management plan” means the document of that description certified by the Secretary of State as the asset management plan for the purposes of this Order under article 51 (certification of plans etc.) or any revision to it as may be agreed from time to time with the relevant planning authority;

“biodiversity net gain report” means the biodiversity net gain report as certified by the Secretary of State as the biodiversity net gain report for the purposes of this Order under article 51 or any revision to it as may be agreed from time to time with the relevant planning authority;

“code of construction practice” means the code of construction practice Part A and the code of construction practice Part B as certified by the Secretary of State as the code of construction practice Part A and the code of construction practice Part B for the purposes of this Order under article 51 or any revision to it as may be agreed from time to time with the relevant planning authority;

“commissioning” means the commissioning process for the authorised development as described in the outline commissioning plan;

“community liaison plan” means the document of that description certified by the Secretary of State as the community liaison plan for the purposes of this Order under article 51 or any revision to it as may be agreed from time to time with the relevant planning authority;

“construction workers travel plan” means the document of that description certified by the Secretary of State as the construction workers travel plan for the purposes of this Order under article 51 or any revision to it as may be agreed from time to time with the relevant planning authority;

“construction traffic management plan” means the document of that description certified by the Secretary of State as the construction traffic management plan for the purposes of this Order under article 51 or any revision to it as may be agreed from time to time within the relevant planning authority;

“decommissioning” means the process for decommissioning the existing Cambridge waste water treatment works as described in the outline decommissioning plan;

“design code” means the document of that description certified by the Secretary of State as the design code for the purposes of this Order under article 51 or any revision to it as may be agreed from time to time with the relevant planning authority;

“drainage strategy” means the document of that description as certified by the Secretary of State as the drainage strategy for the purposes of this Order under article 51 or any revision to it as may be agreed from time to time within the relevant planning authority;

“enabling phase” means the initial phase of the authorised development comprising the carrying out of the enabling works;

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