The M5 Junction 10 Development Consent Order 2025

• (a) in accordance with plans and specifications and in such line or situation agreed between the undertaker and NGED, or, in default of agreement, determined in accordance with paragraph 63; and

• (b) without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of NGED.

• (10) Nothing in sub-paragraph (9) authorises the undertaker to execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus or alternative apparatus, or execute any filling around the apparatus or alternative apparatus (where the apparatus or alternative apparatus is laid in a trench) within 600 millimetres of the point of connection or disconnection of such apparatus or alternative apparatus.

Facilities and rights for alternative apparatus

59

• (1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to NGED facilities and alternative rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities and alternative rights must be granted upon such terms and conditions as may be agreed between the undertaker and NGED or in default of agreement settled in accordance with paragraph 63.

• (2) In settling those terms and conditions in respect of alternative apparatus to be constructed in the land of the undertaker, the expert must—

• (a) give effect to all reasonable requirements of the undertaker for ensuring the safety and efficient operation of the authorised development and for securing any subsequent alterations or adaptations of the alternative apparatus which may be required to prevent interference with any proposed works of the undertaker;

• (b) have regard to the terms and conditions, if any, applicable to the apparatus for which the alternative apparatus is to be substituted;

• (c) have regard to NGED’s ability to fulfil its service obligations and comply with its licence conditions; and

• (d) have regard to the standard form rights NGED ordinarily secures for the type of alternative apparatus to be constructed in the circumstances similar to the authorised development.

• (3) If the facilities and alternative rights to be afforded by the undertaker in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and alternative rights are to be granted, are in the opinion of the expert less favourable on the whole to NGED than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the expert must make such provision for the payment of compensation by the undertaker to NGED as appears to the expert to be reasonable having regard to all the circumstances of the particular case.

Retained apparatus

60

• (1) Not less than 60 days before the undertaker intends to start the execution of any specified work where the removal of the apparatus in question has not been required under paragraph 58 (removal of apparatus), the undertaker shall submit to NGED a plan of the specified works to be executed. Any submission must note the time limits imposed on NGED under sub-paragraph (3).

• (2) Subject to sub-paragraph (3), the undertaker shall not commence any works to which sub-paragraph (1) applies until NGED has identified any reasonable requirements it has for the alteration or protection of the apparatus, or for securing access to it.

• (3) If by the expiry of 60 days beginning with the date on which a plan under sub-paragraph (1) is submitted NGED has not advised the undertaker in writing of any reasonable requirements for the alteration or protection of the apparatus, or for securing access to it, it shall be deemed not to have any such requirements and the undertaker shall be at liberty to proceed with the specified works.

• (4) The specified works referred to in sub-paragraph (1) must be executed only in accordance with the plan submitted under sub-paragraph (1) and in accordance with any reasonable requirements as may be notified in accordance with sub-paragraphs (2) and (3) by NGED and NGED shall be entitled to watch and inspect the execution of those works.

• (5) At all times when carrying out the authorised development the undertaker shall comply with NGED’s Avoidance of Danger from Electricity Overhead Lines and Underground Cables (2014), the Energy Network Association’s A Guide to the Safe Use of Mechanical Plant in the Vicinity of Electricity Overhead Lines (undated), the Health and Safety Executive’s GS6 Avoiding Danger from Overhead Power Lines and the Health and Safety Executive’s HSG47 Avoiding Danger from Underground Services (Third Addition) (2014) as the same may be replaced from time to time.

• (6) If NGED, in accordance with sub–paragraphs (2) and (3) and in consequence of the specified works proposed by the undertaker, reasonably requires the removal or diversion of any apparatus and gives written notice to the undertaker of that requirement, this Part of this Schedule applies as if the removal or diversion of the apparatus had been required by the undertaker under paragraph 58(3).

• (7) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 60 days before commencing the execution of any specified works, a new plan instead of the plan previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan.

• (8) The undertaker is not required to comply with sub–paragraph (1) in a case of emergency but in that case it must give to NGED notice as soon as is reasonably practicable and a plan of those works as soon as reasonably practicable subsequently and must comply with any reasonable requirements stipulated by NGED under sub-paragraph (2) and with sub–paragraphs (4) and (5) in so far as is reasonably practicable in the circumstances. Nothing in this sub-paragraph prevents NGED from exercising its rights under sub-paragraph (6).

Expenses and costs

61

• (1) Subject to the following provisions of this paragraph, the undertaker must pay to NGED the proper and reasonable expenses reasonably incurred by NGED in, or in connection with, the inspection, removal, diversion, alteration or protection of any apparatus, the construction of any alternative apparatus and the acquisition or grant of alternative rights for the alternative apparatus, arising as a result of the powers conferred upon the undertaker pursuant to this Order.

• (2) The value of any apparatus removed under the provisions of this Part of this Schedule must be deducted from any sum payable under sub-paragraph (1), that value being calculated after removal.

• (3) If in accordance with the provisions of this Part of this Schedule NGED requires that alternative apparatus of better type, greater capacity or dimensions or at a greater depth is necessary in substitution for existing apparatus which for NGED’s network requirements is over and above what is necessary as a consequence of and for the purpose of the authorised development, NGED shall reduce the cost of such additional requirements from the amount payable by the undertaker pursuant to sub-paragraph (1).

• (4) For the purposes of sub–paragraph (3)—

• (a) an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and

• (b) where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be treated as if it also had been agreed or had been so determined.

• (5) An amount which apart from this sub-paragraph would be payable to a utility undertaker in respect of works by virtue of sub-paragraph (1), if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the utility undertaker any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, is to be reduced by the amount which represents that benefit.

Liability

62

• (1) Subject to sub-paragraph (2), if by reason or in consequence of the construction of any specified work or any subsidence resulting from any of those works any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of NGED the undertaker is to—

• (a) bear and pay the cost reasonably and properly incurred by NGED in making good such damage or restoring the supply; and

• (b) reimburse NGED for any other expenses, loss, damages, penalty or costs reasonably and properly incurred by NGED, 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 NGED, its officers, servants, contractors or agents.

• (3) NGED must give the undertaker reasonable notice of any third party claim or demand and no settlement, admission of liability or compromise must, unless payment is required in connection with a statutory compensation scheme, be made without first consulting the undertaker and considering their representations.

• (4) NGED must act reasonably in relation to any claim or demand served under sub-paragraph (1) and use its reasonable endeavours to mitigate and minimise any costs, expenses, loss, demands, proceedings and penalties to which a claim or demand under sub-paragraph (1) applies.

• (5) NGED’s liability to the undertaker for negligence or breach of contract, in respect of each diversion, shall be limited to the value of that diversion and NGED shall not otherwise be liable to the undertaker for any losses or costs incurred by the undertaker resulting from delays to the authorised development as a result of its failure to undertake works to deliver any alternative apparatus.

Expert determination

63

• (1) Article 46 (arbitration) shall apply to any difference as to the legal interpretation of this Part of this Schedule and as provided for in sub–paragraph (7).

• (2) Save as provided for in sub–paragraph (1) or sub–paragraph (7), any difference under this Part of this Schedule must be referred to and settled by a single independent and suitable person who holds appropriate professional qualifications and is a member of a professional body relevant to the matter in dispute acting as an expert, such person to be agreed by the differing parties or, in the absence of agreement, identified by the President of the Institution of Civil Engineers or the President of the Institution of RICS or the President of the Institution of Engineering and Technology (as relevant and agreed between NGED and the undertaker, both acting reasonably and without delay).

• (3) All parties involved in settling any difference must use best endeavours to do so within 14 days from the date of a dispute first being notified in writing by one party to the other and in the absence of the difference being settled within that period the expert must be appointed within 21 days of the notification of the dispute.

• (4) The costs and fees of the expert and the costs of NGED and the undertaker are payable by the parties in such proportions as the expert may determine. In the absence of such determination the costs and fees of the expert are payable equally by the parties who shall each bear their own costs.

• (5) The expert must—

• (a) invite the parties to make submission to the expert in writing and copied to the other party to be received by the expert within 14 days of the expert’s appointment;

• (b) permit a party to comment on the submissions made by the other party within 7 days of receipt of the submission;

• (c) issue a decision within 14 days of receipt of the submissions under sub-paragraph (b); and

• (d) give reasons for the decision.

• (6) The expert must consider where relevant—

• (a) the development outcome sought by the undertaker;

• (b) the ability of the undertaker to achieve its outcome in a timely and cost-effective manner;

• (c) the nature of the power sought to be exercised by the undertaker;

• (d) the effectiveness, cost and reasonableness of proposals for mitigation arising from any party;

• (e) NGED’s service obligations and licence conditions; and

• (f) any other important and relevant consideration.

• (7) Any determination by the expert is final and binding, except in the case of manifest error in which case the difference that has been subject to expert determination may be referred to and settled by arbitration under article 46.

Cooperation

64

Where in consequence of the proposed construction of any part of the authorised development, the undertaker or NGED requires apparatus to be removed, relocated or diverted under paragraph 58 (removal of apparatus) or NGED makes requirements for the protection or alteration of apparatus under paragraph 60 (retained apparatus), the undertaker must use its best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe and efficient operation of NGED’s undertaking and NGED must use its best endeavours to co-operate with the undertaker for that purpose.

PART 6 — FOR THE PROTECTION OF WALES & WEST UTILITIES

65

For the protection of Wales & West Utilities the following provisions have effect, unless otherwise agreed in writing between the undertaker and Wales & West Utilities.

66

In this Part of this Schedule—

• “alternative apparatus” means alternative apparatus adequate to enable Wales & West Utilities to fulfil its statutory functions in a manner no less efficient than previously;

• “apparatus” means any mains, pipes or other apparatus belonging to or maintained by Wales & West Utilities for the purposes of carrying out its statutory undertaking and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

• “authorised development” has the same meaning as in article 2 (interpretation) of this Order and (unless otherwise specified) for the purposes of this Part of this Schedule shall include associated development and the construction, use, maintenance and decommissioning of the authorised development;

• “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 all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe the works to be executed;

• “security infrastructure” includes cameras, perimeter fencing, fencing and gates and any other security measures which are permanent in nature and reasonably required in order to ensure an appropriate level of security in respect of any apparatus;

• “specified work” means so much of any of the works comprised in the authorised development or activities undertaken in association with the authorised development which— are in, on or under any land purchased, leased, held, appropriated or used under this Order that are not in compliance with safe digging practice and WWU Guidance and are near to, or will or may affect any apparatus the removal of which is not required under this part of this Schedule; or will or may be situated within 4 metres measured in any direction of any security infrastructure belonging to or maintained by Wales & WestWales & West Utilities;

• “Wales & West Utilities” means Wales & West Utilities Limited (Company No. 05046791) whose registered office is at Wales & West House, Spooner Close Coedkernew, Newport, South Wales, NP10 8FZ and includes any successor in title in respect of the apparatus or any successor as a gas transporter (within the meaning of Part 1 of the Gas Act 1986¹⁰⁴) within the area of the authorised development; and

• “WWU Guidance” means WW/SP/SSW/22 in relation to intermediate pressure pipelines and high pressure pipelines and the Medium Pressure General Conditions covering medium pressure pipelines or such replacement guidance issued by Wales & West Utilities.

On street apparatus

67

This Part of this Schedule does not apply to apparatus in respect of which the relations between the undertaker and Wales & West Utilities are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act.

Apparatus in stopped up streets

68

• (1) Where any street is stopped up under article 16 (permanent stopping up and restriction of use of streets and private means of access) and Wales & West Utilities has apparatus in the street, Wales & West Utilities shall have the same powers and rights in respect of that apparatus as it enjoyed immediately before the stopping up and the undertaker must grant to Wales & West Utilities legal easements reasonably satisfactory to Wales & West Utilities in respect of such apparatus and access to it, but nothing in this paragraph affects any right of the undertaker or of Wales & West Utilities to require the removal of that apparatus under paragraph 71 (removal of apparatus) or the power of the undertaker to carry out works under paragraph 73 (retained apparatus).

• (2) Regardless of the temporary stopping up or diversion of any highway under the powers conferred by article 15 (temporary stopping up and restriction of use of streets), Wales & West Utilities is at liberty at all times upon giving reasonable notice to the undertaker save for in cases of emergency, to take all necessary access across any such stopped up highway and to execute and do all such works and things in, upon or under any such highway as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the stopping up or diversion was in that highway.

Protective works to buildings

69

The undertaker, in the case of the powers conferred by article 19 (protective works to buildings), must exercise those powers so as not to obstruct or render less convenient the access to any apparatus.

No acquisition except by agreement

70

Regardless of any provision in this Order, the undertaker must not acquire any apparatus otherwise than by agreement.

Removal of apparatus

71

• (1) If, in the exercise of the powers conferred by this Order the undertaker acquires any interest in, on or under any land in which any apparatus is placed or over which access is enjoyed by Wales & West Utilities or which requires that Wales & West Utilities’ apparatus is relocated or diverted, that apparatus must not be decommissioned or removed under this Part of this Schedule, and any right of Wales & West Utilities to maintain that apparatus in that land or to gain access over it must not be extinguished or interfered with until alternative apparatus has been constructed and is in operation with the facilities and rights referred to in sub-paragraph (2) to the reasonable satisfaction of Wales & West Utilities in accordance with sub-paragraphs (2) to (5).

• (2) If, for the purpose of executing any works in, on or under any land purchased, leased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, the undertaker must give to Wales & West Utilities at least 28 days’ written notice of that requirement, together with a plan, description and section of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order Wales & West Utilities reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to Wales & West Utilities the necessary facilities and rights for the construction of and access to alternative apparatus in other land of the undertaker and subsequently for the maintenance of that apparatus along with any appropriate working areas.

• (3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2) in the land in which the alternative apparatus or part of such apparatus is to be constructed, Wales & West Utilities must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use its reasonable endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed.

• (4) Any alternative apparatus to be constructed in land of the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between Wales & West Utilities and the undertaker or in default of agreement settled by arbitration in accordance with article 46 (arbitration).

• (5) Wales & West Utilities must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 46 (arbitration), and after the grant to Wales & West Utilities of any such facilities and rights as are referred to in sub- paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to decommission or remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.

Facilities and rights for alternative apparatus

72

• (1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to Wales & West Utilities facilities and rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed or decommissioned, those facilities and rights are to be granted upon such terms and conditions as may be agreed between the undertaker and Wales & West Utilities or in default of agreement settled by arbitration in accordance with article 46 (arbitration).

• (2) If the facilities and rights to be afforded by the undertaker in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to Wales & West Utilities than the facilities and rights enjoyed by it in respect of the apparatus to be removed or decommissioned and the terms and conditions to which those facilities and rights are subject, the arbitrator must make such provision for the payment of compensation by the undertaker to Wales & West Utilities as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

Retained apparatus

73

• (1) Not less than 42 days before starting the execution of any specified works, the undertaker must submit to Wales & West Utilities a plan, section and description of the specified works to be executed.

• (2) Those specified works must be executed only in accordance with the plan, section and description submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by Wales & West Utilities for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and Wales & West Utilities is entitled to watch and inspect the execution of those works.

• (3) Any requirements made by Wales & West Utilities under sub-paragraph (2) are to be made within a period of 28 days beginning with the date on which a plan, section and description under sub-paragraph (1) is submitted to it.

• (4) If Wales & West Utilities, in accordance with sub-paragraph (3) and in consequence of the specified works proposed by the undertaker, reasonably requires the removal or decommissioning of any apparatus or any protective works and gives written notice to the undertaker of that requirement, paragraphs 65 to 67 and 70 to 72 apply as if the removal or decommissioning of the apparatus or the protective works had been required by the undertaker under paragraph 71(2) (removal of apparatus).

• (5) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any specified works, a new plan section or description instead of the plan, section and description previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan, section and description.

• (6) Where the undertaker submits a revised plan of specified works pursuant to a reasonable requirement of Wales & West Utilities under this paragraph the revised plan must be submitted no less than 21 days before commencing the execution of the specified works.

• (7) Subject to sub-paragraph (8), the undertaker shall not commence any specified works to which sub-paragraph (7) applies until Wales & West Utilities has identified any reasonable requirements it has for the alteration or protection of the apparatus, or for securing access to it (such reasonable requirements to be identified by Wales & West Utilities without unreasonable delay).

• (8) The undertaker is not required to comply with sub-paragraph (1) in a case of emergency but in that case it must give to Wales & West Utilities notice as soon as is reasonably practicable and a plan, section and description of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (3) in so far as is reasonably practicable in the circumstances.

Expenses and costs

74

• (1) Subject to the following provisions of this paragraph, the undertaker must repay to Wales & West Utilities on demand all expenses reasonably incurred by Wales & West Utilities in, or in connection with, the inspection, relaying, replacing, removal, decommissioning, alteration or protection of any apparatus or security infrastructure or the construction of any new apparatus or security infrastructure which may be required in consequence of the execution of any such works as are referred to in paragraph 71(2) (removal of apparatus).

• (2) The value of any apparatus removed under the provisions of this Part of this Schedule must be deducted from any sum payable under sub-paragraph (1), that value being calculated after removal.

• (3) If in accordance with the provisions of this Part of this Schedule—

• (a) apparatus of better type, greater capacity or dimensions is placed in substitution for existing apparatus of worse type, smaller capacity or dimensions; or

• (b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was 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 46 (arbitration) to be necessary then, if such placing involves cost 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 Wales & West Utilities in question by virtue of sub-paragraph (1) must be reduced by the amount of that excess.

• (4) For the purposes of sub-paragraph (3)—

• (a) an extension of apparatus to a length greater than the length of existing apparatus must not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and

• (b) where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole must be treated as if it also had been agreed or had been so determined.

• (5) An amount which apart from this sub-paragraph would be payable to Wales & West Utilities in respect of works by virtue of sub-paragraph (1), if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on Wales & West Utilities any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, is to be reduced by the amount which represents that benefit.

Indemnity

75

• (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any such works referred to in paragraphs 69 (protective works to buildings) or 71(2) (removal of apparatus) or any specified works any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of Wales & West Utilities, or there is any interruption in any service provided, or in the supply of any goods, by Wales & West Utilities, the undertaker must—

• (a) bear and pay the cost reasonably incurred by Wales & West Utilities Limited in making good such damage or restoring the supply; and

• (b) make reasonable compensation to Wales & West Utilities for any other expenses, loss, damages, penalty or costs incurred by Wales & West Utilities,

by reason or in consequence of any such damage or interruption.

• (2) The fact that any act or thing may have been done by Wales & West Utilities on behalf of the undertaker or in accordance with a plan, section or description approved by Wales & West Utilities or in accordance with any requirement of Wales & West Utilities or under its supervision does not, subject to sub-paragraph (3), excuse the undertaker from liability under the provisions of sub-paragraph (1).

• (3) 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 or contributed by the act, neglect or default of Wales & West Utilities, its officers, servants, contractors or agents.

• (4) Wales & West Utilities must act reasonably in relation to any claim or demand served under sub-paragraph (1) and use reasonable endeavours to mitigate and minimise any costs, expenses, loss, demands, proceedings and penalties to which a claim or demand under sub-paragraph (1) applies.

• (5) Wales & West Utilities must give the undertaker reasonable notice of any such- claim or demand against Wales & West Utilities and no settlement or compromise is to be made without the consent of the undertaker and, if such consent is withheld, the undertaker has the sole conduct of any settlement or compromise of any proceedings necessary to resist the claim or demand unless payment is required in connection with a statutory compensation scheme.

• (6) In respect of any claim under paragraphs 74(1) (expenses and costs) or 75(1) (indemnity), Wales & West Utilities shall on reasonable request from the undertaker provide written evidence of how the claimed expenses, loss, damages, penalties or costs have reasonably and properly been incurred. Any dispute between the Parties as to the reasonableness of the costs, charges and expenses shall be resolved in accordance with article 46 (arbitration).

Cooperation

76

Where in consequence of the proposed construction of any part of the authorised development, the undertaker or Wales & West Utilities requires the removal or decommissioning of apparatus under paragraph 71(2) (removal of apparatus) or Wales & West Utilities makes requirements for the protection or alteration of apparatus under paragraph 73 (retained apparatus), the undertaker must use best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient execution of the authorised development and taking into account the need to ensure the safe and efficient operation of Wales & West Utilities’ undertaking and Wales & West Utilities must use best endeavours to co-operate with the undertaker for that purpose.

77

Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and Wales & West Utilities in respect of any apparatus in land belonging to the undertaker on the date on which this Order is made.

PART 7 — FOR THE PROTECTION OF BT OPENREACH LIMITED

78

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

79

In this Part of this Schedule—

• “the 2003 Act” means the Communications Act 2003¹⁰⁵;

• “electronic communications apparatus” has the same meaning as in the electronic communications code;

• “the electronic communications code” has the same meaning as in section 106¹⁰⁶ (application of the electronic communications code) 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 communications 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 communications 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 (infrastructure system) of that code; and

• “operator” means the operator of an electronic communications code network.

80

The exercise of the powers conferred by article 33 (statutory undertakers) is subject to Part 10 (undertaker’s works affecting electronic communications apparatus) of the electronic communications code.

81

• (1) Subject to sub-paragraphs (2) to (4), if as a result of the authorised development or its construction, or of any subsidence resulting from the authorised development—

• (a) any damage is caused to any electronic communications apparatus belonging to an operator (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of the authorised development), or other property of an operator; or

• (b) there is any interruption in the supply of the service provided by an operator,

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

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

• (3) The operator must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise of the claim or demand is to be made without the consent of the undertaker and, if such consent is withheld, the undertaker has the sole conduct of any settlement or compromise of any proceedings necessary to resist the claim or demand.

• (4) Any difference arising between the undertaker and the operator under this Part of this Schedule must be referred to and settled by arbitration under article 46 (arbitration).

82

This Part of this Schedule does not apply to—

• (a) any apparatus in respect of which the relations between the undertaker and an operator are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act; or

• (b) any damages, or any interruptions, caused by electro-magnetic interference arising from the construction or use of the authorised development.

83

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.

HVDC Installation

84

• (1) High Voltage – DC Construction - The Communications Code 2003, Part 10 provides for the protection of Code Operator Networks from potential damage which may be caused as a result of a new construction introduced by other undertakers.

• (2) Where a proposed new HV/DC construction is likely to come close to existing BT Network, Infrastructure or Exchange building, it is for the undertaker to carry out the necessary evaluation, to determine whether, as a result of that proposed construction, if there is a likelihood of physical damage, electrical interference or interruption to BT’s Network.

• (3) Where the evaluation identifies potential for such damage or interference, it is for the undertaker to decide the level and nature of mitigation required to eliminate that risk. In order to support the evaluation, the operator will provide a full list of Network Cable types, building diagrams and policy requirements for the Telecommunications apparatus. If the undertaker requires more specific information, a more detailed site study can be provided by the operator. The latter is a significant undertaking and one which would be chargeable.

• (4) The undertaker’s evaluation must cover all aspects of any potential interference both physical and safety during any proposed alterations and the potential impact once the undertaker’s apparatus is operational, that is potential impact from outages or maintenance routines after installation is complete. Any alterations must be within the operator’s planning policy tolerance and agreed at each stage and for any alterations during build that are altered from the original specification.

• (5) Where the mitigation proposed by the undertaker involves shifting or re-arrangement of the operator’s Network or infrastructure, that can be arranged and agreed though the operator’s Network Re-Arrangement Team, who can provide an estimate of costs for the work required and will work with the undertaker to arrive at an agreed solution to protect the operator’s assets.

• (6) Whilst the operator may carry out mitigation works as requested by the undertaker; it bears no responsibility for the effectiveness of that solution. Such responsibility lies with the undertaker.

SCHEDULE 10 — DOCUMENTS TO BE CERTIFIED

(1)Document	(2)Document Reference	(3)Revision
Book of reference	Volume 4, Document 4.3	5
Works plans (part 1)	Volume 2, Document 2.4	3
Works plans (part 2)	Volume 2, Document 2.4	3
Land plans	Volume 2, Document 2.2	6
Crown land plans	Volume 2, Document 2.7	2
Streets, rights of way and access plans (part 1)	Volume 2, Document 2.5	3
Streets, rights of way and access plans (part 2)	Volume 2, Document 2.5	2
Classification of roads plans (part 1)	Volume 2, Document 2.8	1
Classification of roads plans (part 2)	Volume 2, Document 2.8	1
Speed limits and traffic regulations plans (part 1)	Volume 2, Document 2.14	1
Speed limits and traffic regulations plans (part 2)	Volume 2, Document 2.14	1
Environmental masterplan (part 1)	Volume 2, Document 2.13	3
Environmental masterplan (part 2)	Volume 2, Document 2.13	3
General arrangement plans (part 1)	Volume 2, Document 2.9	3
General arrangement plans (part 2)	Volume 2, Document 2.9	3
Engineering drawings and sections (part 1)	Volume 2, Document 2.10	1
Engineering drawings and sections (part 2)	Volume 2, Document 2.10	1
Engineering drawings and sections (part 3)	Volume 2, Document 2.10	1
Environmental statement - non-technical summary	Volume 6, Document 6.1	1
Environmental statement - chapter 1: introduction	Volume 6, Document 6.2	1
Environmental statement - chapter 2: the scheme	Volume 6, Document 6.2	1
Environmental statement - chapter 3: assessment of alternatives	Volume 6, Document 6.2	1
Environmental statement - chapter 4: environmental assessment methodology	Volume 6, Document 6.2	1
Environmental statement - chapter 5: air quality	Volume 6, Document 6.3	1
Environmental statement -chapter 6: noise and vibration	Volume 6, Document 6.4	2
Environmental statement -chapter 7: biodiversity	Volume 6, Document 6.5	3
Environmental statement - chapter 8: road drainage and the water environment	Volume 6, Document 6.6	3
Environmental statement - chapter 9: landscape and visual	Volume 6, Document 6.7	3
Environmental statement -chapter 10: geology and soils	Volume 6, Document 6.8	1
Environmental statement -chapter 11: cultural heritage	Volume 6, Document 6.9	2
Environmental statement -chapter 12: materials and waste	Volume 6, Document 6.10	1
Environmental statement -chapter 13: population and human health	Volume 6, Document 6.11	3
Environmental statement -chapter 14: climate	Volume 6, Document 6.12	2
Environmental statement -chapter 15: assessment of cumulative effects	Volume 6, Document 6.13	1
Environmental statement - chapter 16: summary	Volume 9, Document 9.30	1
Environmental statement - change application 2: environmental statement addendum	Volume 10, Document 10.23	0
Environmental statement -appendix 1.1: glossary	Volume 6, Document 6.15	1
Environmental statement -appendix 1.2: scoping opinion responses	Volume 6, Document 6.15	0
Environmental statement-appendix 1.3: scheme figures	Volume 6, Document 6.15	0
Environmental statement -appendix 1.4: major accidents and disasters assessment	Volume 6, Document 6.15	1
Environmental statement -appendix 2.1: drainage strategy report	Volume 6, Document 6.15	0
Environmental statement -appendix 2.2: drainage strategy figures	Volume 6, Document 6.15	0
Environmental statement -appendix 5.1: air quality emission modelling	Volume 6, Document 6.15	1
Environmental statement -appendix 5.2: air quality chapter figures	Volume 6, Document 6.15	0
Environmental statement -appendix 6.1: noise chapter figures and data (part 1)	Volume 6, Document 6.15	0
Environmental statement -appendix 6.1: noise chapter figures and data (part 2)	Volume 6, Document 6.15	0
Environmental statement -appendix 6.1: noise chapter figures and data (part 3)	Volume 6, Document 6.15	0
Environmental statement -appendix 7.1: phase 1 habitat survey	Volume 6, Document 6.15	0
Environmental statement -appendix 7.2: hedgerow survey	Volume 6, Document 6.15	0
Environmental statement -appendix 7.3: bat survey (part 1)	Volume 6, Document 6.15	1
Environmental statement -appendix 7.3: bat survey (part 2)	Volume 6, Document 6.15	0
Environmental statement -appendix 7.4: dormouse survey	Volume 6, Document 6.15	0
Environmental statement -appendix 7.5: badger survey	Volume 6, Document 6.15	0
Environmental statement -appendix 7.6: otter survey	Volume 6, Document 6.15	0
Environmental statement -appendix 7.7: water vole surveys	Volume 6, Document 6.15	0
Environmental statement -appendix 7.8: breeding birds surveys	Volume 6, Document 6.15	0
Environmental statement -appendix 7.9: winter bird surveys	Volume 6, Document 6.15	0
Environmental statement -appendix 7.10: reptile surveys	Volume 6, Document 6.15	0
Environmental statement -appendix 7.11: great crested newt surveys	Volume 6, Document 6.15	0
Environmental statement -appendix 7.12: aquatic ecology survey	Volume 6, Document 6.15	0
Environmental statement -appendix 7.13: habitats regulations assessment screening	Volume 6, Document 6.15	1
Environmental statement - change application 2: environmental statement: appendix 7.13 habitats regulations assessment screening addendum	Volume 10, Document 10.24	0
Environmental statement -appendix 7.14: habitats regulation assessment – statement to inform an appropriate assessment	Volume 6, Document 6.15	1
Environmental statement -appendix 7.15: bat mitigation strategy	Volume 6, Document 6.15	0
Environmental statement -appendix 7.16: barn owl survey	Volume 6, Document 6.15	0
Environmental statement -appendix 7.17: validation report	Volume 6, Document 6.15	0
Environmental statement -appendix 7.18: biodiversity net gain	Volume 6, Document 6.15	0
Environmental statement -appendix 7.19: biodiversity chapter figures	Volume 6, Document 6.15	0
Environmental statement -appendix 8.1: flood risk assessment (part 1)	Volume 6, Document 6.15	2
Environmental statement -appendix 8.1: flood risk assessment (part 2)	Volume 6, Document 6.15	1
Environmental statement - change application 2: environmental statement: appendix 8.1 flood risk assessment addendum	Volume 10, Document 10.25	0
Environmental statement -appendix 8.2: WFD compliance assessment	Volume 6, Document 6.15	2
Environmental statement -appendix 8.2A: WFD surface water impact assessment	Volume 6, Document 6.15	0
Environmental statement -appendix 8.2B: WFD groundwater impact assessment	Volume 6, Document 6.15	0
Environmental statement -appendix 8.3: surface water quality assessment	Volume 6, Document 6.15	0
Environmental statement -appendix 8.4: road drainage and the water environment chapter figures	Volume 6, Document 6.15	0
Environmental statement -appendix 9.1: LVIA chapter figures	Volume 6, Document 6.15	1
Environmental statement -appendix 9.2: visual assessment table	Volume 6, Document 6.15	1
Environmental statement -appendix 9.3: LVIA chapter photo sheets	Volume 6, Document 6.15	1
Environmental statement -appendix 9.4: arboricultural impact assessment (part 1)	Volume 6, Document 6.15	0
Environmental statement -appendix 9.4: arboricultural impact assessment (part 2)	Volume 6, Document 6.15	0
Environmental statement -appendix 10.1: definitions of probability and consequences	Volume 6, Document 6.15	0
Environmental statement -appendix 10.2: conceptual site models	Volume 6, Document 6.15	0
Environmental statement -appendix 10.3: land contamination impact assessment	Volume 6, Document 6.15	0
Environmental statement -appendix 10.4: agricultural land classification survey	Volume 6, Document 6.15	0
Environmental statement -appendix 10.5: agricultural land survey report - flood storage area	Volume 6, Document 6.15	0
Environmental statement -appendix 10.6: agricultural land survey report - additional areas	Volume 6, Document 6.15	0
Environmental statement -appendix 10.7: ground investigation report	Volume 6, Document 6.15	0
Environmental statement -appendix 10.8: geology and soils chapter figures	Volume 6, Document 6.15	1
Environmental statement -appendix 11.1: gazetteer	Volume 6, Document 6.15	1
Environmental statement -appendix 11.2: cultural heritage figures	Volume 6, Document 6.15	1
Environmental statement -appendix 11.3: geophysical survey report	Volume 6, Document 6.15	0
Environmental statement -appendix 11.4: evaluation trenching report	Volume 6, Document 6.15	0
Environmental statement -appendix 11.5: archaeological geophysical survey of land around J10 of M5 September-October 2024 first interim report	Volume 9, Document 9.89	0
Environmental statement -appendix 12.1: materials and waste chapter figures	Volume 6, Document 6.15	0
Environmental statement -appendix 13.1: P&HH chapter figures	Volume 6, Document 6.15	0
Environmental statement -appendix 15.1: RFFP long list	Volume 6, Document 6.15	0
Environmental statement -appendix 15.2: CEA chapter figures	Volume 6, Document 6.15	0
Environmental statement - landscape visualisations: viewpoint 1 – years 1 and 15	Volume 9, Document 9.34	0
Environmental statement - landscape visualisations: viewpoint 2 - years 1 and 15	Volume 9, Document 9.35	1
Environmental statement - landscape visualisations: viewpoint 3 – years 1 and 15	Volume 9, Document 9.36	0
Environmental statement - landscape visualisations: viewpoint 4 and 5 – years 1 and 15	Volume 9, Document 9.37	0
Environmental statement - landscape visualisations: viewpoint 6 – years 1 and 15	Volume 9, Document 9.38	0
Environmental statement - bat technical appendix addendum	Volume 9, Document 9.45	0
Environmental statement – HEWRAT assessment for DCO change requirements	Volume 10, Document 10.42	0
Statement of statutory nuisance	Volume 6, Document 6.16	0
Environmental management plan (1st iteration)	Volume 7, Document 7.3	2
Environmental management plan Annex B.1 materials management plan	Volume 9, Document 9.1	0
Environmental management plan Annex B.2 -- soil handling management plan	Volume 9, Document 9.2	0
Environmental management plan Annex B.3 - noise and vibration management plan	Volume 9, Document 9.3	0
Environmental management plan Annex B4 - air quality management plan	Volume 9, Document 9.4	0
Environmental management plan Annex B.5 - landscape and ecological management plan	Volume 9, Document 9.5	0
Environmental management plan Annex B.6 emergency preparedness and response plan	Volume 9, Document 9.6	0
Environmental management plan Annex B.6a severe weather plan	Volume 9, Document 9.25	1
Environmental management plan Annex B.7 - pollution prevention and control management plan	Volume 9, Document 9.7	0
Environmental management plan Annex B.8 archaeological management plan	Volume 9, Document 9.8	1
Environmental management plan Annex B.10 operational unexploded ordnance emergency response plan	Volume 9, Document 9.24	1
Environmental management plan Annex B.11 traffic management plan	Volume 9, Document 9.12	1
Environmental management plan Annex B12 - site waste management plan	Volume 9, Document 9.9	0
Environmental management plan Annex B13 - public rights of way management plan	Volume 9, Document 9.13	0
Environmental management plan Annex B.14 - emergency vehicle movement management plan	Volume 9, Document 9.14	0
Environmental management plan Annex B.15 - community engagement plan	Volume 9, Document 9.10	0
Environmental management plan Annex B.16 - carbon management plan	Volume 9, Document 9.11	0
Environmental management plan Annex B17 - river realignment and channel diversion management plan	Volume 9, Document 9.88	0
Register of environmental actions and commitments	Volume 7, Document 7.4	5
Design principles report	Volume 9, Document 9.70	1

Signed

Signed by authority of the Secretary of State for Transport

Kayla Marks — Head of Transport and Works Act Orders Unit — Department for Transport — 4th June 2025

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order authorises Gloucestershire County Council to carry out alteration works to Junction 10 of the M5 motorway, in summary comprising the demolition of the existing A4019 overbridge and the construction of a new grade separated junction with four slip roads to and from the M5 motorway; to dual sections of the A4019; to construct the West Cheltenham Link Road; and to carry out all associated works.

This Order permits Gloucestershire County Council to acquire, compulsorily or by agreement, land and rights in land and to use land for this purpose.

The Order also makes provision in connection with the maintenance of the authorised development.

A copy of the plans, engineering drawings and sections, book of reference and environmental statement mentioned in this Order and certified in accordance with article 44 (certification of plans etc.) may be inspected free of charge during working hours at Shire Hall, Westgate Street, Gloucester GL1 2TG; Tewkesbury Borough Council, Gloucester Road, Tewkesbury, Gloucestershire GL20 5TT; and Cheltenham Borough Council, Municipal Offices, Promenade, Cheltenham GL50 9SA.

Footnotes