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
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articles Not indexed
Reform history JSON API
  • “river work” means any works forming part of the authorised development which are in or over the river Cam or which require interference with the movement of river traffic on the river Cam;
  • “temporary river work” means those river works which are temporary in nature and which do not form part of the permanent works in or over the river Cam.

River works

109

  • (1) Save in an emergency, the undertaker will not commence any river work until—
  • (a) it has supplied to the relevant navigation authority plans of that river work showing the detailed design, work programme and any associated temporary or permanent interference with rights of navigation pursuant to articles 44(1) and 44(2) (rights on the river Cam); and
  • (b) it has provided 42 days’ written notice of the intention to commence such river work.
  • (2) The relevant navigation authority must provide any comments on the plans submitted pursuant to sub-paragraph (1)(a) within 28 days of receipt and the undertaker must have reasonable regard to those comments insofar as they relate to the maintenance of the safe movement of traffic on the river Cam.
  • (3) The undertaker must carry out all river work—
  • (a) in accordance with such details as have been provided to the relevant navigation authority pursuant to this paragraph 109;
  • (b) so that the movement of river traffic on the river Cam is not restricted more than is reasonably practicable in order to carry out the relevant river work; and
  • (c) in compliance with the reasonable requirements of the relevant navigation authority.
  • (4) Upon completion of any river work, the undertaker must—
  • (a) remove as soon as is reasonably practicable any temporary river work and associated materials; and
  • (b) as soon as reasonably practicable following the removal of any temporary river work pursuant to sub-paragraph (4)(a), to make good the site of any temporary river work including any damage to walls or banks arising from undertaking the river work so as not to cause any interference with the movement of river traffic.
  • (5) In carrying out any river work, the undertaker must not—
  • (a) deposit in or allow to fall or be washed into the river Cam any gravel, soil or other material except to the extent permitted by this Order; and
  • (b) discharge or allow to escape either directly or indirectly into the river Cam any offensive or injurious matter.

Details for approval

110

  • (1) The undertaker must, at the same time as the provision of the plans pursuant to paragraph 109(1)(a) of this Part of this Schedule, provide for the approval of the relevant navigation authority—
  • (a) details of the extent of any temporary suspension of rights of navigation required pursuant to article 44(3) (rights on the river Cam) in order to carry out the relevant river work and the undertaker must not interfere with any rights of navigation pursuant to article 44(3) except in accordance with this paragraph 110; and
  • (b) details of any temporary or permanent signage required in connection with the river work.
  • (2) The relevant navigation authority must respond in writing within 42 days of the request for approval under sub-paragraph (1) to either give approval to the details as submitted or suggest amendments to the details provided, but any such amendment must not materially affect or delay the efficient delivery of the relevant river work and must be suggested only where the relevant navigation authority considers such amendment necessary (acting reasonably) in accordance with its functions and duties in its capacity as the relevant navigation authority.
  • (3) If the relevant navigation authority provides pursuant to sub-paragraph (2) any suggested amendments to the details provided, the undertaker must within 14 days confirm whether those amendments are accepted and in the event the undertaker agrees to the amendments, the undertaker must carry out the relevant river work in accordance with those amendments. In the event the undertaker does not agree to the amendment, the dispute may be referred to and settled by arbitration in accordance with article 52 (arbitration) and the relevant river work is to be undertaken in accordance with the terms of the final determination.
  • (4) If the relevant navigation authority fails to respond to the undertaker’s request for approval pursuant to this paragraph 110 within 42 days, approval is deemed to have been given.
  • (5) The undertaker must pay the relevant navigation authority a sum equal to the whole of any costs and expenses reasonably and properly incurred by the relevant navigation authority in relation to any approvals sought under this paragraph 110 within 30 days of written evidence of such costs and expenses.

Intention to commence Work No. 31 and Work No. 32

111

The undertaker will provide to the relevant navigation authority at least 42 days’ written notice of the intention to commence Work No. 31 and Work No. 32.

Expenses

112

Any reasonable and proper additional expenses not otherwise provided for in this Part of this Schedule which the relevant navigation authority incurs in managing or maintaining the river under any powers existing at the making of this Order by reason of the construction of any river work or temporary river work must be repaid by the undertaker to the relevant navigation authority (but subject to the submission to the undertaker, to its reasonable satisfaction, of written evidence that the additional expenses are a direct result of the construction of the river work or temporary river work and on the proviso that there will be no double recovery).

Indemnity

113

  • (1) Subject to the provisions of this paragraph 113, the undertaker agrees to indemnify the relevant navigation authority from and against such charges, claims, demands, damages, expenses, liabilities and losses, (together, “losses”) suffered or reasonably incurred by the relevant navigation authority to the extent that any losses are directly caused by—
  • (a) the construction of a river work or a temporary river work; or
  • (b) any act or omission of the undertaker or of its officers, employees, servants, contractors or agents whilst engaged in—
  • (i) the construction or carrying out of maintenance of the river work or a temporary river work; or
  • (ii) seeking to remedy any failure of the river work or a temporary river work.
  • (2) The relevant navigation authority must mitigate any loss it may suffer or incur as a result of an event that may give rise to a claim under sub-paragraph (1) and must, if requested by the undertaker, provide an explanation of how any claim under the indemnity in sub-paragraph (1) has been mitigated.
  • (3) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any losses referred to in that sub-paragraph to the extent that they are—
  • (a) attributable to the negligence or wilful misconduct of the relevant navigation authority or of its officers, employees, servants, contractors or agents; or
  • (b) not within the reasonable control of the undertaker or of its officers, employees, servants, contractors or agents.
  • (4) The relevant navigation authority must give to the undertaker notice in writing of any losses for which the undertaker may be liable under this paragraph 113 as soon as reasonably possible and no settlement or compromise of them may be made without the prior written consent of the undertaker which, if it notifies the relevant navigation authority that it desires to do so, shall have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand provided that no settlement or compromise of any such claim or demand shall be made without the consent of the relevant navigation authority (which shall not be unreasonably withheld). If consent is not given by the undertaker, the relevant navigation authority shall diligently defend such claim or demand.

Disputes

114

Any difference arising between the undertaker and the relevant navigation authority under this Part of this Schedule (other than a difference as to the meaning or construction of this Part of this Schedule) must be referred to and settled by arbitration in accordance with article 52 (arbitration).

PART 8 — FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

115

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

116

In this Part of this Schedule—

  • “the 2003 Act” means the Communications Act 2003;
  • “the code rights” has the same meaning as in the paragraph 3 of the electronic communications code117;
  • “electronic communications apparatus” has the same meaning as in the electronic communications code;
  • “the electronic communications code” has the same meaning as in Chapter 1 of Part 2 (networks, services and the radio spectrum) of the 2003 Act;
  • “electronic communications code network” means— so much of an electronic communications network or infrastructure system provided by an electronic communications code operator as is not excluded from the application of the electronic communication code by a direction under section 106 of the 2003 Act; and 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 communication code is applied by a direction under section 106 of the 2003 Act;
  • “infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7(2) of that code; and
  • “operator” means the operator of an electronic communications code network.

117

The exercise of the powers conferred by this Order is subject to Part 10 (undertaker’s works affecting electronic communications apparatus) of the electronic communications code.

118

  • (1) Subject to sub-paragraph (2) and paragraph 119 of this Part of this Schedule, if as a result of the authorised development or its construction, or of any subsidence resulting from any of 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 purposed of the authorised development), or other property of an operator; or
  • (b) there is any interruption in the supply of the service supplied by an operator,

the undertaker, must bear and pay the cost reasonably incurred by the operator in making good such damage or restoring the supply and make reasonable compensation to that operator for any other reasonable expense, loss, damages, penalty or costs incurred by it, by reason, or in consequence of, any such damage or interruption.

  • (2) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of an operator, its officers, servants, contractors or agents.

119

The operator must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise of the claim or demand is to be made without the consent of the undertaker 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.

120

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 52 (arbitration).

121

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 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.

122

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 in land belonging to the undertaker on the date on which this Order is made.

PART 9 — FOR THE PROTECTION OF CAMBRIDGE WATER

123

For the protection of Cambridge Water the following provisions of this Part of this Schedule have effect unless otherwise agreed in writing between the undertaker and Cambridge Water.

124

This Part of this Schedule does not apply to apparatus in respect of which the relations between the undertaker and Cambridge Water are regulated by the provisions of Part 3 of the Water Industry Act 1991.

125

In this Part of this Schedule—

  • “alternative apparatus” means alternative apparatus adequate to enable Cambridge Water to fulfil its statutory functions in no less efficient a manner than previously;
  • “apparatus” means any works, mains, pipes or other apparatus belonging to or maintained by Cambridge Water for the purposes of water supply and any drain or works vested in Cambridge Water under the Water Industry Act 1991 and any sewer which is so vested in Cambridge Water or is the subject of a notice of intention to adopt by Cambridge Water given under section 102(4)118 (adoption of sewers and disposal works) of that Act or an agreement to adopt by Cambridge Water made under section 104119 (agreements to adopt sewer, drain or sewage disposal works, at future date) of that Act, and includes a sludge main, disposal main (within the meaning of section 219120 (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 any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;
  • “Cambridge Water” means Cambridge Water PLC (Company Registration Number 03175861) whose registered office is situated at 90 Fulbourn Road, Cherry Hinton, Cambridge, CB1 9JN and includes its successors in title or any successor in functions as a water undertaker within the meaning of the Water Industry Act 1991;
  • “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;
  • “plan” includes sections, drawings, specifications and method statements; and
  • “standard protection strips” means the strips of land falling the following distances to either side of the medial line of any relevant pipe or apparatus: 2.25 metres where the diameter of the pipe is less than 150 millimetres, 3.5 metres where the diameter of the pipe is between 150 and 450 millimetres, 5 metres where the diameter of the pipe is between 450 and 750 millimetres and 6 metres where the diameter of the pipe exceeds 750 millimetres.

Apparatus of Cambridge Water

126

The undertaker must not interfere with, build over or build within 6 metres of any apparatus within the Order land or 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 the standard protection strips unless otherwise agreed in writing with Cambridge Water.

127

If, in the exercise of the powers conferred by this Order, the undertaker requires the alteration, extension, removal or re-location of any apparatus, then that alteration, extension, removal or re-location of any apparatus must not be implemented by the undertaker until—

  • (a) any requirement for any permits under the Environmental Permitting (England and Wales) Regulations 2016 or other legislation and any other associated consents are obtained, and any approval or agreement required from Cambridge Water on alternative outfall locations as a result of such re-location are approved;
  • (b) the undertaker has made the appropriate application required under the Water Industry Act 1991 together with a plan and section of the works proposed and Cambridge Water has agreed all of the contractual documentation required under the Water Industry Act 1991; and
  • (c) Cambridge Water has been consulted upon the proposed position of the alternative apparatus and such consultation has given Cambridge Water no less than 60 days within which to respond,

and such works to be executed only in accordance with the plan, section and description submitted and in accordance with the written approval of, and such reasonable requirements as may be made by Cambridge Water for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and an officer of Cambridge Water is entitled to watch and inspect the execution of those works.

128

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

Acquisition of land

129

In the situation, where in exercise of the powers conferred by the Order, the undertaker acquires any interest in any land in which apparatus is placed, or which has the effect of impacting on any existing apparatus owned by Cambridge Water, and such apparatus is to be relocated, extended, removed or altered in any way, no alteration or extension can take place until the undertaker has given Cambridge Water written notice of that requirement and Cambridge Water has established to its reasonable satisfaction, contingency arrangement in order to conduct its functions for the duration of the works to relocate, extend, remove or alter the apparatus and for the avoidance of doubt the undertaker will indemnify Cambridge Water in respect of the costs of any such contingency arrangements reasonably required by Cambridge Water including any requirement to remove any existing apparatus.

130

Where the undertaker is notifying Cambridge Water of any proposed works under this Part of this Schedule then unless otherwise agreed between the parties, the following will be provided to Cambridge Water—

  • (a) the exact position of the works;
  • (b) the level at which they are proposed to be constructed, renewed or moved;
  • (c) the manner of their construction or renewal including details of excavation and positioning of plant;
  • (d) the position of all apparatus including existing apparatus and apparatus to be retained;
  • (e) detailed drawings showing the alterations proposed to the apparatus; and
  • (f) any maintenance required.

131

Before extinguishing any existing rights for Cambridge Water to use, keep, inspect, renew and maintain its apparatus in the Order land, the undertaker must, with the agreement of Cambridge Water, create a new right to use, keep, inspect, renew and maintain the apparatus and such right must not be materially more onerous for Cambridge Water, such agreement not to be unreasonably withheld or delayed, and to be subject to arbitration under article 52 (arbitration).

Access

132

If in consequence of the exercise of the powers conferred by the Order the access to any apparatus is materially obstructed the undertaker must provide such alternative means of access to such apparatus as will enable Cambridge Water to maintain or use the apparatus no less effectively and no less onerously (including having regard to maintenance costs) than was possible before such obstruction.

Unmapped apparatus

133

If in consequence of the exercise of the powers conferred by the Order, previously unmapped lateral drains or other apparatus are identified by the undertaker, notification of the location of such assets will immediately be given to Cambridge Water and afforded the same protection as other Cambridge Water assets.

Costs

134

If for any reason or in consequence of the construction of any of the works referred to in paragraphs 129 to 131 and 133 of this Part of this Schedule any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in the view of Cambridge Water due to its intended removal for the purposes of those works) or property of Cambridge Water, or there is any interruption in any service provided, or in the supply of any goods, by Cambridge Water, the undertaker must—

  • (a) bear and pay the cost reasonably incurred by Cambridge Water in making good any damage or restoring the supply; and
  • (b) make reasonable compensation to Cambridge Water for any other expenses, loss, damages, penalty or costs incurred by Cambridge Water (and for the avoidance of doubt this shall include any costs incurred due to an interruption in service to customers),

by reason or in consequence of any such damage or interruption save that nothing in this paragraph 134 shall impose liability on the undertaker to the extent that such costs are attributable to the neglect or default of Cambridge Water, its officers, employees, contractors or other agents.

Expenses

135

  • (1) The undertaker must repay to Cambridge Water the expenses incurred by Cambridge Water in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any new apparatus (including costs or compensation payable in connection with the acquisition of land for that purpose) which may be required in consequence of the execution of any of the authorised works.
  • (2) There will 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 and which is not re-used as part of the alternative apparatus, that value being calculated and determined by Cambridge Water 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 (save where it is not possible in the circumstances (including due to statutory or regulatory changes) to obtain the existing type of apparatus at the same capacity and dimensions or place at the existing depth); 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 situated,

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 52 (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 Cambridge Water by virtue of sub-paragraph (1) will be reduced by the amount of that excess save where it is not possible in the circumstances (including due to statutory or regulatory changes) to obtain the existing type of apparatus at the same capacity and dimensions or place at the existing depth in which case full costs will be borne by the undertaker.

  • (4) For the purposes of sub-paragraph (3)—
  • (a) an extension of apparatus to a length greater than the length of existing apparatus will not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; 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 will 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 Cambridge Water in respect of works by virtue of sub-paragraph (1) will, 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 Cambridge Water any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

Co-operation

136

Any approval of Cambridge Water required under this Part of this Schedule—

  • (a) must not be unreasonably withheld or delayed;
  • (b) must be given in writing; and
  • (c) will be deemed to have been given if neither given nor refused within 42 days of the receipt of the information for approval or, where further particulars are requested by Cambridge Water within 42 days of receipt of the information to which the request for further particulars relates.

PART 10 — FOR THE PROTECTION OF THE LEAD LOCAL FLOOD AUTHORITY

137

The following provisions apply for the protection of the lead local flood authority unless otherwise agreed in writing between the undertaker and the lead local flood authority.

138

In this Part of this Schedule—

  • “construction” includes execution, placing, altering, replacing, relaying, removing and excavation and “construct” and “constructed” are to be construed accordingly;
  • “ordinary watercourse” has the meaning given by section 72 (interpretation) of the Land Drainage Act 1991121;
  • “plans” includes sections, drawings, specifications, calculations, method statements and details of maintenance regimes;
  • “specified work” means so much of any work or operation authorised by this Order and the construction of any works authorised by this Part of this Schedule as is in, on, under, over or within 8 metres of an ordinary watercourse or is otherwise likely to affect any ordinary watercourse.

139

  • (1) Before beginning to construct any specified work, the undertaker must submit to the lead local flood authority plans of the specified work and such further particulars available to it as the lead local flood authority may within 2 months of the receipt of the plans reasonably request.
  • (2) Any such specified work must not be constructed except in accordance with such plans as may be approved pursuant to sub-paragraph (3), or determined under paragraph 143 of this Part of this Schedule.
  • (3) Any request for approval or refusal of the lead local flood authority under this paragraph 139—
  • (a) must not be unreasonably withheld or delayed;
  • (b) is deemed to have been approved if it is neither given nor refused within 2 months of the submission of the plans;
  • (c) in the case of a refusal, must be accompanied by a statement of the grounds of refusal; and
  • (d) may be given subject to such reasonable requirements as the lead local flood authority may make for the protection of any ordinary watercourse.
  • (4) Each time the lead local flood authority requests further information from the undertaker, the time period in sub-paragraph (3)(b) will begin to run again from receipt of the information by the lead local flood authority, save that the time period will be reduced to 28 days.
  • (5) The undertaker must include in any submission made to the lead local flood authority under this paragraph 139 a statement that the provisions of sub-paragraph (3)(b) and sub-paragraph (4) apply and if the submission fails to do it the provisions of sub-paragraph(3)(b) and sub-paragraph (4) will not apply.
  • (6) Any requirement made by the lead local flood authority under sub-paragraph (3)(d) may include—
  • (a) a requirement for the undertaker to carry out monitoring during the implementation of any de-watering scheme approved by the lead local flood authority under this paragraph 139; and
  • (b) a requirement for the undertaker not to prevent or materially restrict the lead local flood authority’s use of any access route during construction of the specified work or, where that is not possible owing to the nature of the work, a requirement for the undertaker to provide for use by the lead local flood authority during construction of the specified work a reasonably suitable alternative to the access route on land over which the undertaker has control or the ability to provide such alternative access.

140

Without limitation on the scope of paragraph 139 of this Part of this Schedule, but subject always to the provisions of that paragraph as to reasonableness, the requirements which the lead local flood authority may make under that paragraph include conditions requiring the undertaker at its own expense to construct such protective works, within the Order limits whether temporary or permanent, before or during the construction of the specified works (including the provision of 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 ordinary watercourse against damage; or
  • (b) to secure that the risk of flooding is not otherwise increased,

by reason of any specified work.

  • (2) Subject to sub-paragraph (3), any specified work, and all protective works required by the lead local flood authority under this paragraph 140, must be constructed without unreasonable delay in accordance with the plans approved or deemed to have been approved or settled under this Part of this Schedule.
  • (3) The undertaker must give to the lead local flood authority not less than 14 days’ notice in writing of its intention to commence construction of any specified work and notice in writing of its completion not later than 24 hours after the date on which it is completed.
  • (4) If any part of a specified work or any protective work required by the lead local flood authority is constructed otherwise than in accordance with the requirements of this Part of this Schedule, the lead local flood authority may by notice in writing require the undertaker at the undertaker’s own expense to comply with the requirements of this Part of this Schedule or (if the undertaker so elects and the lead local flood 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 lead local flood authority reasonably requires.
  • (5) Subject to sub-paragraph (6) if, within a reasonable period, being not less than 28 days from the date when a notice under sub-paragraph (4) is served upon the undertaker, the undertaker has failed to begin taking steps to comply with the requirements of the notice and has not subsequently made reasonably expeditious progress towards their implementation, the lead local flood authority may execute the works specified in the notice and any expenditure reasonably incurred by the lead local flood authority 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 lead local flood authority must not except in the case of an emergency exercise the powers conferred by sub-paragraph (5) until the dispute has been finally determined in accordance with paragraph 143 of this Part of this Schedule.

141

The undertaker must make reasonable compensation for costs, charges and expenses which the lead local flood authority may reasonably incur—

  • (a) in the examination or approval of plans under this Part of this Schedule;
  • (b) in inspecting the construction of the specified work or any protective works required by the lead local flood authority under this Part of this Schedule; and
  • (c) in carrying out any surveys or tests by the lead local flood authority which are reasonably required in connection with the construction of the specified work.

142

  • (1) The undertaker must make reasonable compensation for liabilities, costs and losses which may be reasonably incurred or suffered by the lead local flood authority by reason of—
  • (a) the construction of any specified works comprised within any work or operation or any associated maintenance authorised by this Order; or
  • (b) any act or omission of the undertaker, its employees, contractors or agents or others while engaged upon the construction of any work or operation or any associated maintenance authorised by this Order.
  • (2) The lead local flood authority must give to the undertaker reasonable notice of any such claim or demand and afford the undertaker the opportunity to take conduct of such claims and demands.
  • (3) The undertaker may at its own expense and if it elects to do so, conduct all negotiations for the settlement of any such claim and have conduct of any litigation that may arise therefrom.
  • (4) The lead local flood authority must not compromise or settle any such claim or make any admission which might be prejudicial to the claim without the agreement of the undertaker which agreement must not be unreasonably withheld or delayed.
  • (5) The lead local flood authority will, having regard to its statutory functions, at all times take reasonable steps to prevent and mitigate any such claims, demands, proceedings, costs, damages, expenses or losses.
  • (6) The lead local flood authority will, at the request of the undertaker and having regard to its statutory functions, afford all reasonable assistance for the purpose of contesting any such claim or action, and it entitled to be repaid its reasonable expenses reasonably incurred in so doing.
  • (7) The fact that any work or thing has been executed or done by the undertaker in accordance with a plan approved or deemed to be approved by the lead local flood authority, or to its satisfaction, or in accordance with any directions or award of an arbitrator, does not relieve the undertaker from, any liability under this Part of this Schedule.
  • (8) Nothing in sub-paragraph (1) imposes any liability on the undertaker in respect of any liabilities, costs or losses attributable to the neglect or default of the lead local flood authority, its officers, servants, contractors or agents.

143

Any dispute arising between the undertaker and the lead local flood authority under this Part of this Schedule is to be determined by arbitration under article 52 (Arbitration).

SCHEDULE 16 — REMOVAL OF HEDGEROWS

PART 1 — REMOVAL OF HEDGEROWS

(1) Plan (2) Hedgerow
hedgerow regulations and tree preservation plans – sheet 1 (Document number 4.8.1 as described in column (2) of Schedule 18) hedgerow shown with an orange line between point H1 and point 2 H2
hedgerow regulations and tree preservation plans – sheet 1 (Document number 4.8.1 as described in column (2) of Schedule 18) hedgerow shown with an orange line between point H3 and point H4
hedgerow regulations and tree preservation plans – sheet 3 (Document number 4.8.3 as described in column (2) of Schedule 18) hedgerow shown with an orange line between point H7 and point H8
hedgerow regulations and tree preservation plans – sheet 3 (Document number 4.8.3 as described in column (2) of Schedule 18) hedgerow shown with an orange line between point H9 and point H10
hedgerow regulations and tree preservation plans – sheet 3 (Document number 4.8.3 as described in column (2) of Schedule 18) hedgerow shown with an orange line between point H11 and point H12
hedgerow regulations and tree preservation plans – sheet 3 (Document number 4.8.3 as described in column (2) of Schedule 18) and sheet 4 (Document number 4.8.4 as described in column (2) of Schedule 18) hedgerow shown with an orange line between point H13 and point H14
hedgerow regulations and tree preservation plans – sheet 3 (Document number 4.8.3 as described in column (2) of Schedule 18) hedgerow shown with an orange line between point H15 and point H16
hedgerow regulations and tree preservation plans – sheet 3 (Document number 4.8.3 as described in column (2) of Schedule 18) hedgerow shown with an orange line between point H17 and point H18
hedgerow regulations and tree preservation plans – sheet 6 (Document number 4.8.6 as described in column (2) of Schedule 18) hedgerow shown with an orange line between point H19 and point H20
hedgerow regulations and tree preservation plans – sheet 7 (Document number 4.8.7 as described in column (2) of Schedule 18) hedgerow shown with an orange line between point H21 and point H22
hedgerow regulations and tree preservation plans – sheet 3 (Document number 4.8.3 as described in column (2) of Schedule 18) hedgerow shown with an orange line between points H29 and H30

PART 2 — REMOVAL OF IMPORTANT HEDGEROWS

(1) Plan (2) Important Hedgerow
hedgerow regulations and tree preservation plans – sheet 2 (Document number 4.8.2 as described in column (2) of Schedule 18) hedgerow shown with a pink line between point H5 and point H6
hedgerow regulations and tree preservation plans – sheet 10 (Document number 4.8.10 as described in column (2) of Schedule 18) hedgerow shown with a pink line between point H25 and point H26
hedgerow regulations and tree preservation plans – sheet 10 (Document number 4.8.10 as described in column (2) of Schedule 18) hedgerow shown with a pink line between point H27 and point H28

SCHEDULE 17 — MISCELLANEOUS CONTROLS

Introduction

1

This Schedule applies, modifies and excludes statutory provisions which relate to matters for which provision may be made in this Order.

Highways Act 1980

2

  • (1) Section 141122 (restriction on planting trees etc in or near carriageway) of the 1980 Act shall not apply to any tree or shrub planted in the course of the authorised development before completion of construction.
  • (2) Section 167123 (powers relating to retaining walls near streets) of that Act shall not apply in relation to—
  • (a) the erection of a wall in the course of the authorised development before completion of construction; or
  • (b) a wall on land which works are being carried out, or are to be carried out, in pursuance of the authorised development before completion of construction.
  • (3) Sections 169(1) (control of scaffolding on highways) 172124 (hoardings to be set up during building etc) and 173125 (hoardings to be securely erected) of that Act shall not apply to anything done in the course of the authorised development before completion of construction.

Party Wall etc Act 1996

3

  • (1) No notice under section 1(2) or (5) (notice before building on line of junction with adjoining land) of the Party Wall etc Act 1996126 shall be required before the building of any wall in the course of the authorised development before completion of construction.
  • (2) Sections 1(6) (underpinning of adjoining buildings) and 2 (repair etc. of party wall: rights of owner) of the Party Wall etc Act 1996 shall not apply in relation to—
  • (a) anything used, or intended to be used, by the undertaker for the purposes of the authorised development before completion of construction; or
  • (b) land on which there is any such thing.
  • (3) Section 6 (adjacent excavation and construction) of the Party Wall etc Act 1996 shall not apply in relation to a proposal to excavate. or excavate to erect anything in the course of the authorised development before completion of construction.

Planning Act 2008 – Application of the 2010 Regulations (Community infrastructure Levy)

4

This Order shall not constitute a planning permission for the purpose of Part 11 (community infrastructure levy) of the 2008 Act notwithstanding the definition of planning permission contained within regulation 5 (meaning of planning permission) of the Community Infrastructure Levy Regulations 2010127.

Town and Country Planning Act 1990

5

  • (1) Any development, or any part of a development, within the Order limits which is constructed or used under the authority of a planning permission pursuant to Part 3 (control over development) of the 1990 Act (whether express or otherwise) following the coming into force of this Order is to be disregarded at all times for the purposes of ascertaining whether or not an offence has been committed under the provisions of sections 160128 (development without development consent) and 161129 (breach of terms of order granting development consent) of the 2008 Act and such development or planning permission shall not at any time be construed as preventing the further construction, maintenance or use of the authorised development (or any part of it) in accordance with this Order.
  • (2) Sections 238130 and 239 (consecrated land and burial grounds) of the 1990 Act shall apply—
  • (a) in relation to land, other than a right over land, acquired for the purposes of the authorised development (whether or not by agreement), so as to permit use by the undertaker in accordance with the provisions of this Order; and
  • (b) in relation to a right over land so acquired (whether or not by agreement), or the temporary use of land pursuant to articles 35 (temporary use of land for carrying out the authorised development) and 36 (temporary use of land for maintaining the authorised development), so as to permit the exercise of that right or the temporary use by the undertaker in accordance with the provisions of this Order, without prejudice to the status of the land over which the right is exercised as consecrated land.

Flood and Water Management Act 2010

6

Section 30 (designation of features) and Schedule 1 (risk management: designation of features) of the Flood and Water Management Act 2010131 shall not apply in relation to the authorised development.

Control of Pollution Act 1974

7

  • (1) Where a local authority is acting further to Section 60(4) of the Control of Pollution Act 1974 in relation to the construction of the authorised development and works before completion of construction then that local authority must also have regard to the noise levels referred to in the environmental statement and the principles of the code of construction practice.
  • (2) Sections 60(7) and 61(7) of the Control of Pollution Act 1974 shall not apply in relation to the authorised development.
  • (3) Section 61(9)132 of the Control of Pollution Act 1974 does not apply where the consent relates to the use of premises by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development.

Burial Act 1857

8

Section 25 (offence of removal of body from burial ground) of the Burial Act 1857133 shall not apply to the authorised development.

SCHEDULE 18 — CERTIFICATION OF PLANS AND DOCUMENTS

(1) Document/Plan (2) Document Number (3) Document date/plan number with revision number
The access and traffic regulation order plans Key Plan Sheet 1 Sheet 2 Sheet 3 Sheet 4 Sheet 5 Sheet 6 Sheet 7 Sheet 8 Sheet 9 Sheet 10 4.7 4.7.0 4.7.1 4.7.2 4.7.3 4.7.4 4.7.5 4.7.6 4.7.7 4.7.8 4.7.9 4.7.10 00001-100006-CAMEST-ZZZ-LAY-Z-9050-Rev C02 00001-100006-CAMEST-ZZZ-LAY-Z-9051-Rev C01 00001-100006-CAMEST-ZZZ-LAY-Z-9052-Rev C01 00001-100006-CAMEST-ZZZ-LAY-Z-9053-Rev C01 00001-100006-CAMEST-ZZZ-LAY-Z-9054-Rev C01 00001-100006-CAMEST-ZZZ-LAY-Z-9055-Rev C01 00001-100006-CAMEST-ZZZ-LAY-Z-9056-Rev C01 00001-100006-CAMEST-ZZZ-LAY-Z-9057-Rev C01 00001-100006-CAMEST-ZZZ-LAY-Z-9058-Rev C02 00001-100006-CAMEST-ZZZ-LAY-Z-9059-Rev C01 00001-100006-CAMEST-ZZZ-LAY-Z-9060-Rev C02
Asset management plan 5.4.9.1 September 2023 Revision 03
Biodiversity net gain (BNG) report 5.4.8.13 April 2024 Revision 07
The book of reference 3.3 April 2024 Revision 09
Code of construction practice Part A 5.4.2.1 April 2024 Revision 08
Code of construction practice Part B 5.4.2.2 April 2024 Revision 09
Community liaison plan 7.8 April 2024 Revision 05
Construction workers travel plan 5.4.19.9 April 2023 Revision 02
Construction traffic management plan 5.4.19.7 April 2024 Revision 08
Design and access statement 7.6 October 2023 Revision 03
Design code 7.17 April 2024 Revision 04
Drainage strategy 5.4.20.12 April 2024 Revision 03
The environmental statement 5.1.1 – 5.4 April 2023 subject to the following revisions:
The environmental statement 5.1.1 Addendum to the environmental statement – October 2023 Revision 01
The environmental statement 5.2.2 Volume 2 Chapter 2 – Project Description – April 2024 – Revision 06
The environmental statement 5.2.3 Volume 2 Chapter 3 – Site Selection and Alternatives – September 2023 – Revision 03
The environmental statement 5.2.4 Volume 2 Chapter 4 – Consultation – September 2023 – Revision 02
The environmental statement 5.2.5 Volume 2 Chapter 5 – EIA Methodology – September 2023 – Revision 02
The environmental statement 5.2.6 Volume 2 Chapter 6 – Agricultural Land and Soils – April 2024 – Revision 05
The environmental statement 5.2.7 Volume 2 Chapter 7 – Air Quality – April 2024 – Revision 04
The environmental statement 5.2.8 Volume 2 Chapter 8 – Biodiversity – April 2024 – Revision 08
The environmental statement 5.2.9 Volume 2 Chapter 9 – Climate Resilience – April 2024 -Revision 04
The environmental statement 5.2.10 Volume 2 Chapter 10 – Carbon – April 2024 – Revision 06
The environmental statement 5.2.11 Volume 2 Chapter 11 – Community – April 2024 – Revision 04
The environmental statement 5.2.12 Volume 2 Chapter 12 – Health – April 2024 – Revision 04
The environmental statement 5.2.13 Volume 2 Chapter 13 – Historic Environment – April 2024 – Revision 07
The environmental statement 5.2.14 Volume 2 Chapter 14 – Land Quality – April 2024 – Revision 05
The environmental statement 5.2.15 Volume 2 Chapter 15 – Landscape and Visual Amenity – April 2024 – Revision 05
The environmental statement 5.2.16 Volume 2 Chapter 16 – Material Resources Waste – April 2024 – Revision 04
The environmental statement 5.2.17 Volume 2 Chapter 17 – Noise and Vibration – April 2024 Revision 06
The environmental statement 5.2.18 Volume 2 Chapter 18 – Odour – April 2024 – Revision 04
The environmental statement 5.2.19 Volume 2 Chapter 19 – Traffic and Transport – April 2024 – Revision 08
The environmental statement 5.2.20 Volume 2 Chapter 20 – Water Resources – April 2024 – Revision 05
The environmental statement 5.2.21 Volume 2 Chapter 21 – Major Accidents and Disasters – April 2024 – Revision 06
The environmental statement 5.2.22 Volume 2 Chapter 22 – Cumulative Effects – April 2024 – Revision 05
The environmental statement 5.3.6 Volume 3 Chapter 6 – Book of Figures – Agricultural Land and Soils – April 2024 – Revision 04
The environmental statement 5.3.8 Volume 3 Chapter 8 – Book of Figures – Biodiversity – April 2024 – Revision 04
The environmental statement 5.3.11 Volume 3 Chapter 11 – Book of Figures – Community – September 2023 – Revision 02
The environmental statement 5.3.13 Volume 3 Chapter 13 – Book of Figures – Historic Environment – September 2023 – Revision 02
The environmental statement 5.3.15 Volume 3 Chapter 15 – Book of Figures – Landscape and Visual Amenity – September 2023 – Revision 02
The environmental statement 5.3.17 Volume 3 Chapter 17 – Book of Figures – Noise and Vibration – April 2024 – Revision 02
The environmental statement 5.3.19 Volume 3 Chapter 19 – Book of Figures – Traffic and Transport – April 2024 – Revision 04
The environmental statement 5.4.2.6 Volume 4 Chapter 2 – Mitigation Tracker – April 2024 Revision 05
The environmental statement 5.4.2.7 Volume 4 Chapter 2 – Construction Environmental Management Plan – April 2024 Revision 02
The environmental statement 5.4.6.1 Volume 4 Chapter 6 – Baseline Agricultural Land Classification – January 2024 Revision 04
The environmental statement 5.4.6.2 Volume 4 Chapter 6 – Agricultural Impact Assessment – April 2024 Revision 04
The environmental statement 5.4.7.2 Volume 4 Chapter 7 – Dispersion Model Results – September 2023 Revision 02
The environmental statement 5.4.8.2 Volume 4 Chapter 8 – Hedgerow Baseline Technical Appendix – April 2024 Revision 03
The environmental statement 5.4.8.15 Volume 4 Chapter 8 – Habitats Regulations Assessment Screening Report – December 2023 Revision 04
The environmental statement 5.4.8.16 5.4.8.17 Volume 4 Chapter 8 – Habitats Regulations Assessment Report – December 2023 Revision 04 Volume 4 Chapter 8 – Proposed WWTP Arboricultural Impact Assessment
The environmental statement 5.4.8.19 Volume 4 Chapter 8 – Waterbeach Pipeline Arboricultural Impact Assessment – November 2023 Revision 03
The environmental statement 5.4.8.23 Volume 4 Chapter 8 – Preliminary Environmental Appraisal – January 2024 Revision 02
The environmental statement 5.4.10.1 Volume 4 Chapter 10 – GHG Calculations – January 2024 Revision 03
The environmental statement 5.4.12.3 Volume 4 Chapter 12 – Mental Wellbeing Impact Assessment (MHWIA) – April 2024 Revision 04
The environmental statement 5.4.13.1 Volume 4 Chapter 13 – Historic Environment Baseline Assessment – September 2023 Revision 02
The environmental statement 5.4.13.2 Volume 4 Chapter 13 – Gazetteer of Assets – September 2023 Revision 02
The environmental statement 5.4.13.3 Volume 4 Chapter 13 – Historic Landscape Characterisation – September 2023 Revision 02
The environmental statement 5.4.13.4 Volume 4 Chapter 13 – Historic Environmental Impact Assessment Tables – February 2024 Revision 05
The environmental statement 5.4.13.5 Volume 4 Chapter 13 – Geophysical and Trial Trenching Surveys September 2023 Revision 03
The environmental statement 5.4.14.1 Volume 4 Chapter 14 – Preliminary Risk Assessment – November 2023 Revision 03
The environmental statement 5.4.14.3 Volume 4 Chapter 14 – Geoenvironmental Results – Proposed WWTP – September 2023 Revision 02
The environmental statement 5.4.14.4 Volume 4 Chapter 14 – Geoenvironmental Results – Waterbeach – September 2023 Revision 02
The environmental statement 5.4.14.6 Volume 4 Chapter 14 – Groundwater Investigation Report Waterbeach – September 2023 Revision 01
The environmental statement 5.4.14.7 Volume 4 Chapter 14 – Ground Investigation Report for Cambridge Waste Water Treatment Plant – October 2023 Revision 01
The environmental statement 5.4.14.8 Volume 4 Chapter 14 – Ground Investigation Report for Cambridge Waste Water Treatment Plant – Phase B – September 2023 Revision 05
The environmental statement 5.4.14.9 Volume 4 Chapter 14 – Preliminary Ground Investigation Factual Report Cambridge WWTP – September 2023 Revision 01
The environmental statement 5.4.14.10 Volume 4 Chapter 14 – Geotechnical Interpretative Report – September 2023 Revision 01
The environmental statement 5.4.14.11 Volume 4 Chapter 14 – GQRA – February 2024 Revision 01
The environmental statement 5.4.15.2 Volume 4 Chapter 15 – Summer and Winter Views – September 2023 Revision 02
The environmental statement 5.4.15.3 Volume 4 Chapter 15 – Lighting Assessment Report – September 2023 Revision 02
The environmental statement 5.4.17.2 Volume 4 Chapter 17 – Baseline Noise Report – September 2023 Revision 02
The environmental statement 5.4.17.3 Volume 4 Chapter 17 – Construction Noise Assessment – April 2024 Revision 02
The environmental statement 5.4.17.4 Volume 4 Chapter 17 – Operational Noise Sources – April 2024 – Revision 02
The environmental statement 5.4.19.3 Volume 4 Chapter 19 – Transport Assessment – April 2024 Revision 08
The environmental statement 5.4.19.4 Volume 4 Chapter 19 – Pedestrian Counts – March 2024 Revision 02
The environmental statement 5.4.19.5 Volume 4 Chapter 19 – Traffic Flow Diagrams – March 2024 Revision 03
The environmental statement 5.4.19.6 Volume 4 Chapter 19 – Junction Capacity Reports – March 2024 Revision 03
The environmental statement 5.4.19.11 Volume 4 Chapter 19 – Road Safety Audit – September 2023 Revision 01
The environmental statement 5.4.19.12 Volume 4 Chapter 19 - Comparison of IEMA 1993 and 2023 Guidance – December 2023 Revision 01
The environmental statement 5.4.19.13 Volume 4 Chapter 19 –Sensitivity test of a 50% - 50% west-east directional split of construction traffic – December 2023 Revision 01
The environmental statement 5.4.19.14 Volume 4 Chapter 19 – Review Note of Chapter 19 Updates Implications for other ES Chapters – April 2024 Revision 01
The environmental statement 5.4.20.1 Volume 4 Chapter 20 – Flood Risk Assessment – April 2024 Revision 03
The environmental statement 5.4.20.5 Volume 4 Chapter 20 – Fluvial Model Report – April 2024 Revision 05
The hedgerow regulations and tree preservation plans Key Plan Sheet 1 Sheet 2 Sheet 3 Sheet 4 Sheet 5 Sheet 6 Sheet 7 Sheet 8 Sheet 9 Sheet 10 4.8 4.8.0 4.8.1 4.8.2 4.8.3 4.8.4 4.8.5 4.8.6 4.8.7 4.8.8 4.8.9 4.8.10 00001-100006-CAMEST-ZZZ-LAY-Z-9820-Rev C02 00001-100006-CAMEST-ZZZ-LAY-Z-9021-Rev C02 00001-100006-CAMEST-ZZZ-LAY-Z-9022-Rev C02 00001-100006-CAMEST-ZZZ-LAY-Z-9023-Rev C03 00001-100006-CAMEST-ZZZ-LAY-Z-9024-Rev C03 00001-100006-CAMEST-ZZZ-LAY-Z-9025-Rev C03 00001-100006-CAMEST-ZZZ-LAY-Z-9026-Rev C03 00001-100006-CAMEST-ZZZ-LAY-Z-9027-Rev C03 00001-100006-CAMEST-ZZZ-LAY-Z-9028-Rev C03 00001-100006-CAMEST-ZZZ-LAY-Z-9029-Rev C03 00001-100006-CAMEST-ZZZ-LAY-Z-9030-Rev C04
Design plans - highways (Sheet 1) Horningsea Road & proposed WWTP Access Layout Plan; (Sheet 2) Horningsea Road & Proposed WWTP Access Surface Water Drainage; (Sheet 3) Horningsea Road Works Cross Sections; (Sheet 4) Proposed WWTP Entrance and Visitor Car Park Layout Plan; (Sheet 5) Proposed WWTP Entrance and Visitor Car Park Surface Water Drainage; (Sheet 6) Horningsea Road & Proposed WWTP Highways authorities area plan; (Sheet 7) Horningsea Road & Proposed WWTP Proposed Abnormal Indivisible Load (AIL)Vehicle Site Access Routes 4.11 4.11.1 4.11.2 4.11.3 4.11.4 4.11.5 4.11.6 4.11.7 00001-100006-CAMEST-ZZZ-LAY-Z-9808-Rev C02 00001-100006-CAMEST-ZZZ-LAY-Z-9809-Rev C01 00001-100006-CAMEST-ZZZ-LAY-Z-9810-Rev C02 00001-100006-CAMEST-ZZZ-LAY-Z-9811-Rev C01 00001-100006-CAMEST-ZZZ-LAY-Z-9812-Rev C01 00001-100006-CAMEST-ZZZ-LAY-Z-9907-Rev C02 00001-100006-CAMEST-ZZZ-LAY-Z-9900-Rev C03
Framework archaeological investigations mitigation strategy 5.4.13.8 September 2023 Rev 01
The land plans Key Plan Sheet 1 Sheet 2 Sheet 3 Sheet 4 Sheet 5 Sheet 6 Sheet 7 Sheet 8 Sheet 9 Sheet 10 4.4 4.4.0 4.4.1 4.4.2 4.4.3 4.4.4 4.4.5 4.4.6 4.4.7 4.4.8 4.4.9 4.4.10 SAV_AW_CAM_DCO_4.4.0_02-Rev 02 SAV_AW_CAM_DCO_4.4.1_01-Rev 01 SAV_AW_CAM_DCO_4.4.2_02-Rev 02 SAV_AW_CAM_DCO_4.4.3_02-Rev 02 SAV_AW_CAM_DCO_4.4.4_01-Rev 01 SAV_AW_CAM_DCO_4.4.5_01-Rev 01 SAV_AW_CAM_DCO_4.4.6_01-Rev 01 SAV_AW_CAM_DCO_4.4.7_02-Rev 02 SAV_AW_CAM_DCO_4.4.8_01-Rev 01 SAV_AW_CAM_DCO_4.4.9_01-Rev 01 SAV_AW_CAM_DCO_4.4.10_02-Rev 02
Landscape, ecological and recreational management plan 5.4.8.14 April 2024 Revision 06
Lighting design strategy 5.4.2.5 April 2024 Revision 05
The rights of way plans Key Plan Sheet 1 Sheet 2 Sheet 3 Sheet 4 Sheet 5 Sheet 6 Sheet 7 Sheet 8 Sheet 9 Sheet 10 4.6 4.6.0 4.6.1 4.6.2 4.6.3 4.6.4 4.6.5 4.6.6 4.6.7 4.6.8 4.6.9 4.6.10 00001-100006-CAMEST-ZZZ-LAY-Z-9020-Rev C02 00001-100006-CAMEST-ZZZ-LAY-Z-9011-Rev C01 00001-100006-CAMEST-ZZZ-LAY-Z-9012-Rev C02 00001-100006-CAMEST-ZZZ-LAY-Z-9013-Rev C01 00001-100006-CAMEST-ZZZ-LAY-Z-9014-Rev C01 00001-100006-CAMEST-ZZZ-LAY-Z-9015-Rev C01 00001-100006-CAMEST-ZZZ-LAY-Z-9016-Rev C01 00001-100006-CAMEST-ZZZ-LAY-Z-9017-Rev C01 00001-100006-CAMEST-ZZZ-LAY-Z-9018-Rev C02 00001-100006-CAMEST-ZZZ-LAY-Z-9019-Rev C01 00001-100006-CAMEST-ZZZ-LAY-Z-9821-Rev C02
Sections design plans- sewer tunnel and longitudinal section; design plans - outfall design plans – outfall & effluent storm pipeline plans – final effluent longitudinal section; design plans – outfall & effluent storm pipeline plans – storm pipeline longitudinal section; outfall layout plan design plans - outfall cross sections; design plans – outfall river frontage; design plans – Waterbeach pipeline long sections; Key Plan Sheet 1 Sheet 2 Sheet 3 Sheet 4 Sheet 5 Sheet 6 Sheet 7 Sheet 8 Sheet 9 Sheet 10 Sheet 11 Sheet 12 4.12 4.13 4.13.1 4.13.2 4.13.3 4.13.4 4.13.5 4.14 4.14.0 4.14.1 4.14.2 4.14.3 4.14.4 4.14.5 4.14.6 4.14.7 4.14.8 4.14.9 4.14.10 4.14.11 4.14.12 00001-100006-CAMEST-ZZZ-LAY-Z-9807-Rev C01 00001-100006-CAMEST-ZZZ-LON-C-9803-Rev C01 00001-100006-CAMEST-ZZZ-LON-C-9804-Rev C01 00001-100006-CAMEST-ZZZ-LAY-Z-9817-Rev C01 00001-100006-CAMEST-ZZZ-LON-C-9805-Rev C01 00001-100006-CAMEST-ZZZ-LON-C-9806-Rev C01 00001-100006-CAMEST-ZZZ-LAY-Z-9700-Rev C02 00001-100006-CAMEST-ZZZ-LAY-Z-9701-Rev C01 00001-100006-CAMEST-ZZZ-LAY-Z-9702-Rev C01 00001-100006-CAMEST-ZZZ-LAY-Z-9703-Rev C01 00001-100006-CAMEST-ZZZ-LAY-Z-9704-Rev C01 00001-100006-CAMEST-ZZZ-LAY-Z-9705-Rev C01 00001-100006-CAMEST-ZZZ-LAY-Z-9706-Rev C01 00001-100006-CAMEST-ZZZ-LAY-Z-9707-Rev C02 00001-100006-CAMEST-ZZZ-LAY-Z-9708-Rev C02 00001-100006-CAMEST-ZZZ-LAY-Z-9709-Rev C01 00001-100006-CAMEST-ZZZ-LAY-Z-9710-Rev C01 00001-100006-CAMEST-ZZZ-LAY-Z-9711-Rev C01 00001-100006-CAMEST-ZZZ-LAY-Z-9712-Rev C02
Operational workers travel plan 5.4.19.8 April 2024 Revision 05
Odour impact assessment 5.4.18.2 April 2024 Revision 04
Outline commissioning plan 5.4.2.4 January 2024 Revision 03
Outline decommissioning plan 5.4.2.3 April 2024 Revision 05
Outline carbon management plan 5.4.10.2 April 2024 Revision 03
Outline operational logistics traffic plan 5.4.19.10 April 2024 Revision 05
Outline outfall management and monitoring plan 5.4.8.24 April 2024 Revision 05
Outline soil management plan 5.4.6.3 April 2024 Revision 05
Outline water quality monitoring plan 5.4.20.13 April 2024 Revision 04
Preliminary odour management plan 5.4.18.4 September 2023 Revision 03
Wildlife hazard management plan 5.4.8.18 February 2024 Revision 03
The works plans Key Plan Sheet 1 Sheet 2 Sheet 3 Sheet 4 Sheet 5 Sheet 6 Sheet 7 Sheet 8 Sheet 9 Sheet 10 Sheet 11 4.3 4.3.0 4.3.1 4.3.2 4.3.3 4.3.4 4.3.5 4.3.6 4.3.7 4.3.8 4.3.9 4.3.10 4.3.11 00001-100006-CAMEST-ZZZ-LAY-Z-9000-Rev C02 00001-100006-CAMEST-ZZZ-LAY-Z-9001-Rev C04 00001-100006-CAMEST-ZZZ-LAY-Z-9002-Rev C04 00001-100006-CAMEST-ZZZ-LAY-Z-9003-Rev C04 00001-100006-CAMEST-ZZZ-LAY-Z-9004-Rev C04 00001-100006-CAMEST-ZZZ-LAY-Z-9005-Rev C04 00001-100006-CAMEST-ZZZ-LAY-Z-9006-Rev C04 00001-100006-CAMEST-ZZZ-LAY-Z-9007-Rev C04 00001-100006-CAMEST-ZZZ-LAY-Z-9008-Rev C04 00001-100006-CAMEST-ZZZ-LAY-Z-9009-Rev C04 00001-100006-CAMEST-ZZZ-LAY-Z-9010-Rev C05 00001-100006-CAMEST-ZZZ-LAY-Z-9818-Rev C04

SCHEDULE 19 — ARBITRATION RULES

Primary objective

1

  • (1) The primary objective of these arbitration rules is to achieve a fair, impartial, final and binding award on the substantive difference between the parties (save as to costs) within 4 months from the date the arbitrator is appointed pursuant to article 52 (arbitration) of the Order.
  • (2) The arbitration is deemed to have commenced when a party (“the Claimant”) serves a written notice of arbitration on the other party (“the Respondent”).

Time periods

2

  • (1) All time periods in these arbitration rules will be measured in days and this is to include weekends, but not bank or public holidays.
  • (2) Time periods will be calculated from the day after the arbitrator is appointed which must be either—
  • (a) the date the arbitrator notifies the parties in writing of his/her acceptance of an appointment by agreement of the parties; or
  • (b) the date the arbitrator is appointed by the Secretary of State.

Timetable

3

  • (1) The timetable for the arbitration is to be that set out in sub-paragraphs (2) to (4) unless amended in accordance with sub-paragraph 5(3).
  • (2) Within 14 days of the arbitrator being appointed, the Claimant must provide both the Respondent and the arbitrator with—
  • (a) a written Statement of Claim which describes the nature of the differences between the parties, the legal and factual issues, the Claimant’s contentions as to those issues, the amount of its claim and the remedy it is seeking; and
  • (b) all statements of evidence and copies of all documents on which it relies, including contractual documentation, correspondence (including electronic documents), legal precedents and expert witness reports.
  • (3) Within 14 days of receipt of the Claimant’s statements under sub-paragraph (2) by the arbitrator and Respondent, the Respondent must provide the Claimant and the arbitrator with-
  • (a) a written Statement of Defence responding to the Claimant’s Statement of Claim, its statement in respect of the nature of the differences, the legal and factual issues in the Claimant’s claim, its acceptance of any element(s) of the Claimant’s claim, its contentions as to those elements of the Claimant’s claim it does not accept;
  • (b) all statements of evidence and copies of all documents on which it relies, including contractual documentation, correspondence (including electronic documents), legal precedents and expert witness reports; and
  • (c) any objections it wishes to make to the Claimant’s statements, comments on the Claimant’s expert report(s) (if submitted by the Claimant) and explanations for the objections.
  • (4) Within 7 days of the Respondent serving its statements under sub-paragraph (3), the Claimant may make a Statement of Reply by providing both the Respondent and the arbitrator with—
  • (a) a written statement responding to the Respondent’s submissions, including its reply in respect of the nature of the difference, the issues (both factual and legal) and its contentions in relation to the issues;
  • (b) all statements of evidence and copies of documents in response to the Respondent’s submissions;
  • (c) any expert report in response to the Respondent’s submissions;
  • (d) any objections to the statements of evidence, expert reports or other documents submitted by the Respondent; and
  • (e) written submissions in response to the legal and factual issues involved.

Procedure

4

  • (1) The parties’ pleadings, witness statements and expert reports (if any) must be concise. No single pleading is to exceed 30 single-sided A4 pages using 10pt Arial font.
  • (2) The arbitrator must make an award on the substantive difference(s) based solely on the written material submitted by the parties unless the arbitrator decides that a hearing is necessary to explain or resolve any matters.
  • (3) Either party may, within 2 days of delivery of the last submission, request a hearing giving specific reasons why it considers a hearing is required.
  • (4) Within 7 days of receiving the last submission, the arbitrator must notify the parties whether a hearing is to be held and the length of that hearing.
  • (5) Within 10 days of the arbitrator advising the parties that he/she is to hold a hearing, the date and venue for the hearing must be fixed by agreement with the parties, save that if there is no agreement the arbitrator must direct a date and venue which he/she considers is fair and reasonable in all the circumstances. The date for the hearing must not be less than 35 days from the date of the arbitrator’s direction confirming the date and venue of the hearing.
  • (6) A decision will be made by the arbitrator on whether there is any need for expert evidence to be submitted orally at the hearing. If oral expert evidence is required by the arbitrator, then any expert(s) attending the hearing may be asked questions by the arbitrator.
  • (7) There will be no process of examination and cross-examination of experts, but the arbitrator will invite the parties to ask questions of the experts by way of clarification of any answers given by the expert(s) in response to the arbitrator’s questions. Prior to the hearing the procedure for the expert(s) will be that—
  • (a) at least 28 days before a hearing, the arbitrator will provide a list of issues to be addressed by the expert(s);
  • (b) if more than one expert is called, they will jointly confer and produce a joint report or reports within 14 days of the issues being provided; and
  • (c) the form and content of a joint report must be as directed by the arbitrator and must be provided at least 7 days before the hearing.
  • (8) Within 14 days of a hearing or a decision by the arbitrator that no hearing is to be held the parties may by way of exchange provide the arbitrator with a final submission in connection with the matters in dispute and any submissions on costs. The arbitrator will take these submissions into account in the award.
  • (9) The arbitrator may make other directions or rulings as considered appropriate in order to ensure that the parties comply with the timetable and procedures to achieve an award on the substantive difference within 4 months of the date on which the arbitrator is appointed, unless both parties otherwise agree to an extension to the date for the award.
  • (10) If a party fails to comply with the timetable, procedure or any other direction then the arbitrator may continue in the absence of a party or submission or document, and may make a decision on the submitted information attaching the appropriate weight to any evidence submitted beyond any timetable or in breach of any procedure and/or direction.
  • (11) The arbitrator’s award must include reasons. The parties will accept that the extent to which reasons are given must be proportionate to the issues in dispute and the time available to the arbitrator to deliver the award.

Arbitrator’s powers

5

  • (1) The arbitrator has all the powers of the Arbitration Act 1996134, including the non-mandatory sections, save where modified by these arbitration rules in this Schedule.
  • (2) There will be no discovery or disclosure, except that the arbitrator will have the power to order the parties to produce such documents as are reasonably requested by another party no later than the Statement of Reply, or by the arbitrator, where the documents are manifestly relevant, specifically identified and the burden of production is not excessive. Any application and orders should be made by way of a Redfern Schedule without any hearing.
  • (3) Any time limits fixed in accordance with this procedure or by the arbitrator may be varied by agreement between the parties, subject to any such variation being acceptable to and approved by the arbitrator. In the absence of agreement, the arbitrator may vary the timescales and/or procedure—
  • (a) if the arbitrator is satisfied that a variation of any fixed time limit is reasonably necessary to avoid a breach of the rules of natural justice; and
  • (b) only for such a period that is necessary to achieve fairness between the parties.
  • (4) On the date the award is made, the arbitrator will notify the parties that the award is completed, signed and dated, and that it will be issued to the parties on receipt of cleared funds for the arbitrator’s fees and expenses.

Costs

6

  • (1) The costs of the arbitration must include the fees and expenses of the arbitrator, the reasonable fees and expenses of any experts and the reasonable legal and other costs incurred by the parties for the arbitration.
  • (2) Where the difference involves connected/interrelated issues, the arbitrator will consider the relevant costs collectively.
  • (3) The final award must fix the costs of the arbitration and decide which of the parties will bear them or in what proportion they will be borne by the parties.
  • (4) The arbitrator will award recoverable costs on the general principle that each party should bear its own costs, having regard to all material circumstances, including such matters as exaggerated claims and/or defences, the degree of success for different elements of the claims, claims that have incurred substantial costs, the conduct of the parties and the degree of success of a party.

Confidentiality

7

  • (1) Subject to sub-paragraphs (2) and (3), any arbitration hearing and documentation will be open to and accessible by the public.
  • (2) The arbitrator may direct that the whole or part of a hearing is to be private or any documentation to be confidential where it is necessary in order to protect commercially sensitive information.
  • (3) The parties and arbitrator agree that any matters, materials, documents, awards, expert reports and the like covered by sub-paragraph (2) are confidential and must not be disclosed to any third party without prior written consent of the other party, save for any application to the Courts or where disclosure is required under any legislative or regulatory requirement.

Signed

Steve Reed — Secretary of State — Department for Environment, Food and Rural Affairs — 2nd April 2025

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order authorises Anglian Water Services Limited (referred to in this Order as the undertaker) to construct, operate, use and maintain the Cambridge Waste Water Treatment Plant and associated infrastructure.

The Order would permit the undertaker to acquire, compulsorily or by agreement, land and rights in land and to use land for this purpose.

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