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The Byers Gill Solar Order 2025

Type Statutory-Instrument
Publication 2025-07-23
Last updated 2025-10-27
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
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(1) Area (2) Street (3) Description of works
Parish of Brafferton Unnamed Road Cable works beneath the width of street comprising a length of 320m as shown between points marked A and B on sheet 3 of the street works, public rights of way and access plans.
Parish of Brafferton High House Lane Cable works beneath the width of street comprising a length of 95m as shown between points marked B and C on sheet 3 of the street works, public rights of way and access plans.
Parish of Brafferton The Green Cable works beneath the width of street comprising a length of 140m as shown between points marked C and D on sheet 3 of the street works, public rights of way and access plans.
Parish of Brafferton Aycliffe Lane Cable works beneath the width of street comprising a length of 600m as shown between points marked D and E on sheets 1 and 3 of the street works, public rights of way and access plans.
Parish of Brafferton Lime Lane Cable works beneath the width of street comprising a length of 2420m as shown between points marked E and F on sheets 1 and 2 of the street works, public rights of way and access plans.
Parish of Brafferton Lodge Lane Cable works beneath the width of street comprising a length of 935m as shown between points marked F and G on sheets 2 and 5 of the street works, public rights of way and access plans.
Parish of Great Stainton Elstob Lane Cable works beneath the width of street comprising a length of 895m as shown between points marked H and I on sheets 7 and 8 of the street works, public rights of way and access plans.
Parish of Great Stainton Unnamed Road running east – west between Great Stainton and Bishopton Cable works beneath the width of street comprising a length of 1360m as shown between points marked J and K on sheets 8 and 9 of the street works, public rights of way and access plans.
Parish of Bishopton Folly Bank Cable works beneath the width of street as shown with reference CC5 on sheet 9 of the street works, public rights of way and access plans.
Parish of Bishopton Unnamed Road running north – south to the west of Bishopton Beck Cable works beneath the width of street comprising a length of 530m as shown between points marked K and L on sheets 9 and 10 of the street works, public rights of way and access plans.
Parish of Bishopton Redmarshall Road Cable works beneath the width of street comprising a length of 2110m as shown between points marked N and O on sheets 11 and 12 of the street works, public rights of way and access plans.
Parish of Redmarshall Redmarshall Road, in the vicinity of Morrington Bridge Cable works beneath the width of street as shown with reference CC6 on sheet 11 of the street works, public rights of way and access plans.
Parish of Redmarshall Whitton Road Cable works beneath the width of street comprising a length of 180m as shown between points marked O and P on sheet 12 of the street works, public rights of way and access plans.
Parish of Redmarshall Kirk Hill Cable works beneath the width of street comprising a length of 460m as shown between points marked O and Q on sheet 12 of the Street Works, Public Rights of Way and Access plans.
Parish of Redmarshall Carlton Vlg Cable works beneath the width of street comprising a length of 455m as shown between points marked Q and R on sheets 12 and 13 of the street works, public rights of way and access plans.
Parish of Carlton Letch Lane Cable works beneath the width of street comprising a length of 1850m as shown between points marked R and S on sheets 12 and 13 of the street works, public rights of way and access plans.
Parish of Brafferton Footpath No.7 Cable works beneath the width of street, referenced FP-Bfn.7, comprising a length of 320m as shown between points marked 1 and 2 on sheet 1 of the street works, public rights of way and access plans.
Parish of Brafferton Footpath No. 8 Cable works beneath the width of street comprising a length of 155m as shown between points marked 1 and 3 on sheet 1 of the street works, public rights of way and access plans.
Parish of Brafferton Footpath No. 9 Cable works beneath the width of street, referenced FP-Bfn.9, comprising a length of 15m as shown between points marked 5 and 6 on sheets 1 and 3 of the street works, public rights of way and access plans.
Parish of Brafferton Footpath No.10 Cable works beneath the width of street, referenced FP-Bfn.10) comprising a length of 50m as shown between points marked 7 and 8 on sheets 1 and 3 of the street works, public rights of way and access plans.
Parish of Brafferton Bridleway No.14 Cable works beneath the width of street, referenced BR-Bfn.14, comprising a length of 1635m as shown between points 9 and 10 on sheet 3 of the street works, public rights of way and access plans.
Parish of Brafferton Footpath No.9 Cable works beneath the width of street, referenced FP-Bfn.9, comprising a length of 135m as shown between points 11 and 12 on sheet 1 of the street works, public rights of way and access plans.
Parish of Brafferton Footpath No.15 Cable works beneath the width of street, referenced FP-Bfn.15, comprising a length of 140m as shown between points 16 and 17 on sheet 4 of the street works, public rights of way and access plans.
Parish of Brafferton Bridleway No.11 Cable works beneath the width of street, referenced BR-Bfn.11, comprising a length of 65m as shown between points 19 and 20 on sheet 4 of the street works, public rights of way and access plans.
Parish of Brafferton Footpath No.12 Cable works beneath the width of street, referenced FP-Bfn.12, comprising a length of 260m as shown between points 21 and 22 on sheet 4 of the street works, public rights of way and access plans.
Parish of Brafferton Footpath No. 12 Cable works beneath the width of street, referenced FP-Bfn.12, comprising a length of 80m as shown between points 23 and 24 on sheets 2, 5 and 6 of street works, public rights of way and access plans.
Parish of Brafferton Bridleway No.13 Cable works beneath the width of street, referenced BR-Bfn.13, comprising a length of 55m as shown between points 25 and 26 on sheets 4 and 6 of the street works, public rights of way and access plans.
Parish of Great Stainton Footpath No.4 Cable works beneath the width of street, referenced FP-GtStn.4 comprising a length of 315m as shown between points 27 and 28 on sheets 2 and 5 of the street works, public rights of way and access plans.
Parish of Great Stainton Footpath No.6 Cable works beneath the width of street, referenced FP-GtStn.6, comprising a length of 300m as shown between points 29 and 30 on sheet 5 of the street works, public rights of way and access plans.
Parish of Great Stainton Footpath No. 12 Cable works beneath the width of street, referenced FP-GtStn.12, comprising a length of 30m as shown between points 30 and 31 on sheet 5 of the street works, public rights of way and access plans.
Parish of Little Stainton Footpath No.2 Cable works beneath the width of street, referenced FP-LtStn.2, comprising a length of 430m as shown between points 32 and 33 on sheet 6 of the street works, public rights of way and access plans.
Parish of Little Stainton Footpath No.1 Cable works beneath the width of street, referenced FP-LtStn.1, comprising a length of 485m as shown between points 34 and 35 on sheets 6 and 7 of the street works, public rights of way and access plans.
Parish of Little Stainton Footpath No.1 Cable works beneath the width of street, referenced FP-LtStn.1, comprising a length of 45m as shown between points 37 and 38 on sheet 7 of the street works, public rights of way and access plans.
Parish of Great Stainton Footpath No.8 Cable works beneath the width of street, referenced FP-GtStn.8, comprising a length of 880m as shown between points 39 and 40 on sheets 7 and 8 of the street works, public rights of way and access plans
Parish of Great Stainton Footpath No.3 Cable works beneath the width of street, referenced FP-Gt-Stn.3, comprising a length of 375m as shown between points 42 and 43 on sheet 8 of the street works, public rights of way and access plans.
Parish of Bishopton Footpath No.3 Cable works beneath the width of street, referenced FP-GtStn.3, comprising a length of 430m as shown between points 43 and 44 on sheet 8 of the street works, public rights of way and access plans.
Parish of Bishopton Footpath No. 4 Cable works beneath the width of street, referenced FP-Btn.4, comprising a length of 610m as shown between points 49 and 50 on sheets 9, 10 and 11 of the street works, public rights of way and access plans.
Parish of Bishopton Footpath No.7 Cable works beneath the width of street, referenced FP-Btn.7, comprising a length of 40m as shown between points 51 and 52 on sheet 11 of the street works, public rights of way and access plans.
Parish of Redmarshall Footpath No.1 Cable works beneath the width of street, referenced FP-Rml.1, comprising a length of 40m as shown between points 53 and 54 on sheet 12 of the street works, public rights of way and access plans.
Parish of Redmarshall Footpath No.2 Cable works beneath the width of street, referenced FP-Rml.2, comprising a length of 30m as shown between points 55 and 56 on sheet 12 of the street works, public rights of way and access plans
Parish of Carlton Footpath No.7 Cable works beneath the width of street, referenced FP-Ctn.7, comprising a length of 55m as shown between points 57 and 58 on sheets 12 and 13 of the street works, public rights of way and access plans.
Parish of Carlton Footpath No.6 Cable works beneath the width of street, referenced FP-Ctn.6, comprising a length of 35m as shown between points 59 and 60 on sheets 12 and 13 of the street works, public rights of way and access plans.

SCHEDULE 4 — ALTERATION OF STREETS

PART 1 — PERMANENT ALTERATION OF LAYOUT AND MAINTAINED BY THE HIGHWAY AUTHORITY

(1) Area (2) Street (3) Description of permanent alteration
Parish of Brafferton High House Lane Works for the provision of a permanent means of access to the authorised development from High House Lane as shown as point A3 on sheet 3 of the street works, public rights of way and access plans.
Parish of Brafferton High House Lane Works for the provision of a permanent means of access to the authorised development from High House Lane as shown as point A2 on sheets 1 and 3 of the street works, public rights of way and access plans.
Parish of Great Stainton Lodge Lane Works for the provision of a permanent means of access to the authorised development from Lodge Lane as shown as point B1 on sheets 2 and 5 of the street works, public rights of way and access plans.
Parish of Great Stainton Bishopton Lane / Elstob Lane Works for the provision of a permanent means of access to the authorised development from Bishopton Lane / Elstob Lane as shown as point C1 on sheet 7 of the street works public rights of way and access plans.
Parish of Great Stainton Unnamed road between Great Stainton and Bishopton Works for the provision of a permanent means of access to the authorised development from an unnamed road between Great Stainton and Bishopton as shown point D2 on sheet 8 of the street works, public rights of way and access plans.
Parish of Great Stainton Elstob Lane Works for the provision of a permanent means of access to the authorised development from Elstob Lane as shown as point D1 on sheet 8 of the street works public rights of way and access plans.
Parish of Great Stainton Unnamed road to the west of The Green, Bishopton Works for the provision of a permanent means of access to the authorised development from an unnamed road to the west of The Green, Bishopton, as shown as point E1 on sheet 9 of the street works, public rights of way and access plans.
Parish of Great Stainton Unnamed road adjacent to Bishopton Beck Works for the provision of a permanent means of access to the authorised development from an unnamed road adjacent to Bishopton Beck, Bishopton, as shown as point F1 on sheet 10 of the street works, public rights of way and access plans.

PART 2 — TEMPORARY ALTERATION OF LAYOUT

(1) Area (2) Street (3) Description of permanent alteration
Parish of Brafferton Brafferton Lane Works for the provision of a temporary means of access to the authorised development from Brafferton Lane as shown as point A1 on sheet 3 of the street works, public rights of way and access plans.

SCHEDULE 5 — PUBLIC RIGHTS OF WAY TO BE CLOSED

PART 1 — PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED

(1)Area (2)Public right of way to be temporarily closed (3)Extent of temporary closure
Parish of Brafferton Footpath No.7 Temporary management including temporary closure over the public right of way, referenced FP-Bfn.7, comprising a length of 320m as shown between points marked 1 and 2 on sheet 1 of the street works, public rights of way and access plans.
Parish of Brafferton Footpath No. 8 Temporary management including temporary closure over the public right of way, referenced FP-Brn.8, comprising a length of 150m between points marked 1 and 3 on Sheet 1 of the street works, public rights of way and access plans.
Parish of Brafferton Footpath No. 9 Temporary management including temporary closure over the public right of way, referenced FP-Bfn.9, comprising a length of 15m as shown between points marked 5 and 6 on sheet 1 of the street works, public rights of way and access plans.
Parish of Brafferton Footpath No.10 Temporary management including temporary closure over the public right of way, referenced FP-Bfn.10, comprising a length of 50m as shown between points marked 7 and 8 on sheets 1 and 3 of the street works, public rights of way and access plans.
Parish of Brafferton Bridleway No.14 Temporary management including temporary closure over the public right of way, referenced BR-Bfn.14, comprising a length of 1635m as shown between points 9 and 10 on sheet 3 of the street works, public rights of way and access plans.
Parish of Brafferton Footpath No.9 Temporary management including temporary closure over the public right of way, referenced FP-Bfn.9, comprising a length of 613m as shown between points 11 and 11a on sheet 1 of the Street Works, Public Rights of Way and Access plans.
Parish of Brafferton Footpath No.9 Temporary management including temporary closure over the public right of way, referenced FP-Bfn.9, comprising a length of 135m as shown between points 11 and 12 on sheet 1 of the Street Works, Public Rights of Way and Access plans.
Parish of Brafferton Footpath No.20 Temporary management including temporary closure over the public right of way, referenced FP-Bfn.20, comprising a length of 50m as shown between points 13 and 14 on sheet 3 of the street works, public rights of way and access plans.
Parish of Brafferton Footpath No.15 Temporary management including temporary closure over the public right of way, referenced FP-Bfn.15, comprising a length of 140m as shown between points 16 and 17 on sheet 4 of the street works, public rights of way and access plans.
Parish of Brafferton Bridleway No.11 Temporary management including temporary closure over the public right of way, referenced BR-Bfn.11, comprising a length of 65m as shown between points 19 and 20 on sheet 4 of the street works, public rights of way and access plans.
Parish of Brafferton Footpath No.12 Temporary management including temporary closure over the public right of way, referenced FP-Bfn.12, comprising a length of 260m as shown between points 21 and 22 on sheet 4 of the street works, public rights of way and access plans.
Parish of Brafferton Footpath No. 12 Temporary management including temporary closure over the public right of way, referenced FP-Bfn.12, comprising a length of 80m as shown between points 23 and 24 on sheet 5 of the street works, public rights of way and access plans.
Parish of Brafferton Bridleway No.13 Temporary management including temporary closure over the public right of way, referenced BR-Bfn.13, comprising a length of 55m as shown between points 25 and 26 on sheets 4 and 6 of the street works, public rights of way and access plans.
Parish of Great Stainton Footpath No.4 Temporary management including temporary closure over the public right of way, referenced FP-GtStn.4, comprising a length of 315m as shown between points 27 and 28 on sheets 2 and 5 of the street works, public rights of way and access plans.
Parish of Great Stainton Footpath No.6 Temporary management including temporary closure over the public right of way, referenced FP-GtStn.6, comprising a length of 300m as shown between points 29 and 30 on sheet 5 of the street works, public rights of way and access plans.
Parish of Great Stainton Footpath No. 12 Temporary management including temporary closure over the public right of way, referenced FP-GtStn.12, comprising a length of 30m as shown between points 30 and 31 on sheet 5 of the street works, public rights of way and access plans.
Parish of Little Stainton Footpath No.2 Temporary management including temporary closure over the public right of way, referenced FP-LtStn.2, comprising a length of 430m as shown between points 32 and 33 on sheet 6 of the street works, public rights of way and access plans.
Parish of Little Stainton Footpath No.1 Temporary management including temporary closure over the public right of way, referenced FP-LtStn.1, comprising a length of 485m as shown between points 34 and 35 on sheets 6 and 7 of the street works, public rights of way and access plans.
Parish of Little Stainton Footpath No.1 Temporary management including temporary closure over the public right of way, referenced FP-LtStn.1, comprising a length of 45m as shown between points 37 and 38 on sheet 7 of the street works, public rights of way and access plans.
Parish of Great Stainton Footpath No.8 Temporary management including temporary closure over the public right of way, referenced FP-GtStn.8, comprising a length of 876m as shown between points 39 and 40 on sheets 7 and 8 of the street works, public rights of way and access plans.
Parish of Great Stainton Footpath No.3 Temporary management including temporary closure over the public right of way, referenced FP-GtStn.3, comprising a length of 805m as shown between points 42 and 44 on sheet 8 of the street works, public rights of way and access plans.
Parish of Bishopton Footpath No. 2 Temporary management including temporary closure over the public right of way, referenced FP-Btn.2, comprising a length of 960m as shown between points 45 and 46 on sheet 9 of the street works, public rights of way and access plans.
Parish of Bishopton Footpath No.3 Temporary management including temporary closure over the public right of way, referenced FP-Btn.3, comprising a length of 60m as shown between points 47 and 48 on sheet 9 of the street works, public rights of way and access plans.
Parish of Bishopton Footpath No. 4 Temporary management including temporary closure over the public right of way, referenced FP-Btn.4, comprising a length of 610m as shown between points 49 and 50 on sheets 10 and 11 of the street works, public rights of way and access plans.
Parish of Bishopton Footpath No.7 Temporary management including temporary closure over the public right of way, referenced FP-Btn.7, comprising a length of 40m as shown between points 51 and 52 on sheet 11 of the street works, public rights of way and access plans.
Parish of Redmarshall Footpath No.1 Temporary management including temporary closure over the public right of way, referenced FP-Rml.1, comprising a length of 40m as shown between points 53 and 54 on sheet 12 of the street works, public rights of way and access plans.
Parish of Redmarshall Footpath No.2 Temporary management including temporary closure over the public right of way, referenced FP-Rml.2, comprising a length of 30m as shown between points 55 and 56 on sheet 12 of the street works, public rights of way and access plans.
Parish of Carlton Footpath No.7 Temporary management including temporary closure over the public right of way, referenced FP-Ctn.7, comprising a length of 55m as shown between points 57 and 58 on sheets 12 and 13 of the street works, public rights of way and access plans.
Parish of Carlton Footpath No.6 Temporary management including temporary closure over the public right of way, referenced FP-Ctn.6, comprising a length of 35m as shown between points 59 and 60 on sheets 12 and 13 of the street works, public rights of way and access plans.
Parish of Carlton Traffic-free cycle route Temporary management of the public right of way including temporary closure over a traffic-free cycle route, comprising a length of 15m as shown between points 63 and 64 on sheet 13 of the street works, public rights of way and access plans.

PART 2 — Public rights of way to be permanently stopped up

(1)Area (2)Public right of way to be stopped up (3)Extent of stopping up (4)Extent of replacement
Parish of Brafferton Footpath No.8 The public right of way, referenced FP-Bfn.8, comprising a length of 205m, between points 3 and 4 on sheets 1 and 3 of the street works, public rights of way and access plans. To be re-provided along Footpath No.7, referenced FP-Bfn.7, from its intersection with Footpath No.9, referenced FP-Bfn.9, and a new footpath comprising a length of 150m between points marked 1 and 3 on sheet 1 of the street works, public rights of way and access plans.
Parish of Brafferton Footpath No.10 The public right of way, referenced FP-Bfn.10, comprising a length of 460m as shown between points 15 and 18 on sheet 4 of the street works, public rights of way and access plans. To be re-provided along Footpath No.10, referenced FP-Bfn.10 from point 18 and along Bridleway No. 11, referenced BR-Bfn.11, and Footpath No. 15, referenced FP-Bfn.15 to point 16 with a new length of footpath comprising a length of 235m as shown between points marked 15 and 16 on sheet 4 of the street works, public rights of way and access plans.
Parish of Little Stainton Footpath No.1 The public right of way, referenced FP-LtStn.1, comprising a length of 185m between points 34 and 36 as shown on sheet 6 of the street works, public rights of way and access plans. To be re-provided with a new length of footpath comprising a length of 200m as shown between points 34 and 36 on sheet 6 of the street works, public rights of way and access plans.
Parish of Great Stainton Footpath No.8 The public right of way, referenced FP-GtStn.8, comprising its total length as shown between points 40 and 41 on sheets 8 and 7 of the street works, public rights of way and access plans. To be re-provided with a new section of footpath comprising a length of 870m as shown between points 39 and 40 on sheets 7 and 8 of the street works, public rights of way and access plans.
Parish of Great Stainton Footpath No.3 The public right of way, referenced FP-GTStn.3, comprising a length of 290m between points 42 and 43 on sheet 8 of the street works, public rights of way and access plans. To be re-provided with a new section of footpath comprising a length of 375m as shown between points 42 and 43 on sheet 8 of the street works, public rights of way and access plans.
Parish of Bishopton Footpath No.2 The public right of way, referenced FP-Btn.2, comprising a length of 490m as shown between points 45 and 46 on sheet 9 of the street works, public rights of way and access plans. To be re-provided with a new section of footpath comprising a length of 960m, as shown between points 45 and 46 on sheet 9 of the street works, public rights of way and access plans.
Parish of Bishopton Footpath No.4 The public right of way, referenced FP-Btn.4, comprising a length of 415m as shown between points 49 and 50 on sheets 10 and 11 of the street works, public rights of way and access plans. To be re-provided with a new section of footpath comprising a length of 610m, as shown between points 49 and 50 on sheets 10 and 11 of the street works, public rights of way and access plans.

SCHEDULE 6 — ACCESS TO WORKS

PART 1 — PERMANENT MEANS OF ACCESS TO WORKS

(1) Area (2) Street (3) Description of means of access
Parish of Brafferton High House Lane The provision of a permanent means of access to the authorised development from High House Lane as shown as point A3 on sheet 3 of the street works, public rights of way and access plans.
Parish of Brafferton High House Lane The provision of a permanent means of access to the authorised development from High House Lane as shown as point A2 on sheets 1 and 3 of the street works, public rights of way and access plans.
Parish of Great Stainton Lodge Lane The provision of a permanent means of access to the authorised development from Lodge Lane as shown as point B1 on sheets 2 and 5 of the street works, public rights of way and access plans.
Parish of Great Stainton Bishopton Lane / Elstob Lane The provision of a permanent means of access to the authorised development from Bishopton Lane / Elstob Lane as shown as point C1 on sheet 7 of the street works public rights of way and access plans.
Parish of Great Stainton Unnamed road between Great Stainton and Bishopton The provision of a permanent means of access to the authorised development from an unnamed road between Great Stainton and Bishopton as shown point D2 on sheet 8 of the street works, public rights of way and access plans.
Parish of Great Stainton Elstob Lane The provision of a permanent means of access to the authorised development from Elstob Lane as shown as point D1 on sheet 8 of the street works public rights of way and access plans.
Parish of Great Stainton Unnamed road to the west of The Green, Bishopton The provision of a permanent means of access to the authorised development from an unnamed road to the west of The Green, Bishopton, as shown as point E1 on sheet 9 of the street works, public rights of way and access plans.
Parish of Great Stainton Unnamed road adjacent to Bishopton Beck The provision of a permanent means of access to the authorised development from an unnamed road adjacent to Bishopton Beck, Bishopton, as shown as point F1 on sheet 10 of the street works, public rights of way and access plans.

PART 2 — TEMPORARY MEANS OF ACCESS TO WORKS

(1) Area (2) Street (3) Description of means of access
Parish of Brafferton Brafferton Lane The provision of a temporary means of access to the authorised development from Brafferton Lane as shown as point A1 on sheet 3 of the street works, public rights of way and access plans.

SCHEDULE 7 — REMOVAL OF HEDGEROWS

(1) Hedgerow (2) Work
Removal of that part of the trees shown approximately within the area identified by a black dashed line on the trees and hedgerows to be removed or managed plan, reference T1210 Work No. 3, and Work No. 8
Removal of that part of the trees shown approximately within the area identified by a black dashed line on the trees and hedgerows to be removed or managed plan, reference T540 Work No. 3
Removal of that part of the trees shown approximately within the area identified by a black dashed line on the trees and hedgerows to be removed or managed plan, reference T1124 Work No. 3
Removal of that part of the trees shown approximately within the area identified by a black dashed line on the trees and hedgerows to be removed or managed plan, reference T1207 Work No. 9
Removal of that part of the trees shown approximately within the area identified by a black dashed line on the trees and hedgerows to be removed or managed plan, reference T1679 Work No. 3
Removal of that part of the trees shown approximately within the area identified by a black dashed line on the trees and hedgerows to be removed or managed plan, reference T1689 Work No. 3
Removal of that part of the trees shown approximately within the area identified by a black dashed line on the trees and hedgerows to be removed or managed plan, reference T2650 Work No. 3
Removal of that part of the hedgerow shown approximately within the area identified by a black dashed line on the trees and hedgerows to be removed or managed plan, reference G971 Work No. 3
Removal of that part of the hedgerow shown approximately within the area identified by a black dashed line on the trees and hedgerows to be removed or managed plan, reference H1341 Work No. 3
Removal of that part of the hedgerow shown approximately within the area identified by a black dashed line on the trees and hedgerows to be removed or managed plan, reference H1385 Work No. 3
Removal of that part of the hedgerow shown approximately within the area identified by a black dashed line on the trees and hedgerows to be removed or managed plan, reference H1397 Work No. 3
Removal of that part of the hedgerow shown approximately within the area identified by a black dashed line on the trees and hedgerows to be removed or managed plan, reference G154 Work No. 3
Removal of that part of the hedgerow shown approximately within the area identified by a black dashed line on the trees and hedgerows to be removed or managed plan, reference H21 Work No. 3
Removal of that part of the hedgerow shown approximately within the area identified by a black dashed line on the trees and hedgerows to be removed or managed plan, reference H2655 Work No. 3
Removal of that part of the hedgerow shown approximately within the area identified by a black dashed line on the trees and hedgerows to be removed or managed plan, reference H2663 Work No. 3
Removal of that part of the hedgerow shown approximately within the area identified by a black dashed line on the trees and hedgerows to be removed or managed plan, reference G1753 Work No. 3
Removal of that part of the hedgerow shown approximately within the area identified by a black dashed line on the trees and hedgerows to be removed or managed plan, reference H467 Work No. 3
Removal of that part of the hedgerow shown approximately within the area identified by a black dashed line on the trees and hedgerows to be removed or managed plan, reference H547 Work No. 3
Removal of that part of the hedgerow shown approximately within the area identified by a black dashed line on the trees and hedgerows to be removed or managed plan, reference H366 Work No. 3
Removal of that part of the hedgerow shown approximately within the area identified by a black dashed line on the trees and hedgerows to be removed or managed plan, reference H1206 Work Nos. 3, 8
Removal of that part of the hedgerow shown approximately within the area identified by a black dashed line on the trees and hedgerows to be removed or managed plan, reference H1209 Work Nos. 3, 8

SCHEDULE 8 — LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED

(1) Plot number(s) (2) Work No. (3) Purpose for which rights may be acquired
1/1, 1/2, 2/2, 2/4, 2/6, 3/1, 3/6, 4/2, 4/3, 5/2, 5/3, 6/1, 6/2, 6/4, 6/6, 6/7, 8/6, 9/6, 9/8, 9/9, 10/1, 10/2, 11/3 Work No. 3 install, use, support, protect, inspect, alter, remove, replace, refurbish, reconstruct, retain, renew, improve and maintain electrical underground cables, earthing cables, optical fibre cables, data cables, telecommunications cables and other services, works associated with such cables including bays, ducts, protection and safety measures and equipment, and other ancillary apparatus and structures (including but not limited to access chambers, manholes and marker posts) and any other works necessary together with the right to fell, trim or lop trees and bushes which may obstruct or interfere with the said cables, telecommunications and other ancillary apparatus; remain, pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface or form a temporary compound) for all purposes in connection with the authorised development; continuous vertical and lateral support for the authorised development; install, use, support, protect, inspect, alter, remove, replace, refurbish, reconstruct, retain, renew, improve and maintain sewers, drains, pipes, ducts, mains, conduits, services, flues and to drain into and manage waterflows in any drains, watercourses and culverts; install, execute, implement, retain, repair, improve, renew, remove, relocate and plant trees, woodlands, shrubs, hedgerows, seeding, landscaping and other ecological measures together with the right to maintain, inspect and replant such trees, shrubs, hedgerows, landscaping and other ecological measures the right to pass and repass on foot, with or without vehicles, plant and machinery for all purposes in connection with the implementation and maintenance of landscaping and ecological mitigation or enhancement works; install, use, support, protect, inspect, alter, remove, replace, refurbish, reconstruct, retain, renew, improve and maintain security fencing, gates, boundary treatment, public rights of way and any other ancillary apparatus and any other works as necessary; and restrict and remove the erection of buildings or structures, restrict the altering of ground levels, restrict and remove vegetation and restrict the planting of trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt or interfere with the exercise of the rights or damage the authorised development.
7/3, 7/4, 7/5, 7/6, 7/8, 8/3, 8/4, 8/5, 9/2, 9/3, 9/4, 9/5 Work No. 3 and Work No. 5 install, use, support, protect, inspect, alter, remove, replace, refurbish, reconstruct, retain, renew, improve and maintain electrical underground cables, earthing cables, optical fibre cables, data cables, telecommunications cables and other services, works associated with such cables including bays, ducts, protection and safety measures and equipment, and other ancillary apparatus and structures (including but not limited to access chambers, manholes and marker posts) and any other works necessary together with the right to fell, trim or lop trees and bushes which may obstruct or interfere with the said cables, telecommunications and other ancillary apparatus; remain, pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface or form a temporary compound) for all purposes in connection with the authorised development; continuous vertical and lateral support for the authorised development; install, use, support, protect, inspect, alter, remove, replace, refurbish, reconstruct, retain, renew, improve and maintain sewers, drains, pipes, ducts, mains, conduits, services, flues and to drain into and manage waterflows in any drains, watercourses and culverts; install, execute, implement, retain, repair, improve, renew, remove, relocate and plant trees, woodlands, shrubs, hedgerows, seeding, landscaping and other ecological measures together with the right to maintain, inspect and replant such trees, shrubs, hedgerows, landscaping and other ecological measures the right to pass and repass on foot, with or without vehicles, plant and machinery for all purposes in connection with the implementation and maintenance of landscaping and ecological mitigation or enhancement works; install, use, support, protect, inspect, alter, remove, replace, refurbish, reconstruct, retain, renew, improve and maintain security fencing, gates, boundary treatment, public rights of way and any other ancillary apparatus and any other works as necessary; and restrict and remove the erection of buildings or structures, restrict the altering of ground levels, restrict and remove vegetation and restrict the planting of trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt or interfere with the exercise of the rights or damage the authorised development.
9/15, 9/16, 11/1, 11/5, 11/6, 11/7, 11/9, 11/10, 11/11, 11/12, 11/13, 11/14, 11/15, 11/16, 11/17, 11/18, 12/1, 12/2, 12/3, 12/4, 12/5, 12/6, 12/7, 12/8, 12/9, 12/10, 12/11, 12/12 12/13, 12/14, 12/15, 12/16, 12/17, 12/18, 12/19, 12/20, 12/21, 12/22, 12/23, 12/24, 12/25, 12/26, 12/27, 12/28, 12/29, 12/30, 12/31, 12/32, 13/1, 13/2, 13/3, 13/4, 13/5, 13/6, 13/7, 13/8, 13/9, 13/10, 13/11, 13/12, 13/13, 13/14, 13/15, 13/16, 13/17, 13/18 Work No. 5 install, use, support, protect, inspect, alter, remove, replace, refurbish, reconstruct, retain, renew, improve and maintain electrical underground cables, earthing cables, optical fibre cables, data cables, telecommunications cables and other services, works associated with such cables including bays, ducts, protection and safety measures and equipment, and other ancillary apparatus and structures (including but not limited to access chambers, manholes and marker posts) and any other works necessary together with the right to fell, trim or lop trees and bushes which may obstruct or interfere with the said cables, telecommunications and other ancillary apparatus; remain, pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface or form a temporary compound) for all purposes in connection with the authorised development; continuous vertical and lateral support for the authorised development; install, use, support, protect, inspect, alter, remove, replace, refurbish, reconstruct, retain, renew, improve and maintain sewers, drains, pipes, ducts, mains, conduits, services, flues and to drain into and manage waterflows in any drains, watercourses and culverts; install, execute, implement, retain, repair, improve, renew, remove, relocate and plant trees, woodlands, shrubs, hedgerows, seeding, landscaping and other ecological measures together with the right to maintain, inspect and replant such trees, shrubs, hedgerows, landscaping and other ecological measures the right to pass and repass on foot, with or without vehicles, plant and machinery for all purposes in connection with the implementation and maintenance of landscaping and ecological mitigation or enhancement works; install, use, support, protect, inspect, alter, remove, replace, refurbish, reconstruct, retain, renew, improve and maintain security fencing, gates, boundary treatment, public rights of way and any other ancillary apparatus and any other works as necessary; and restrict and remove the erection of buildings or structures, restrict the altering of ground levels, restrict and remove vegetation and restrict the planting of trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt or interfere with the exercise of the rights or damage the authorised development.

SCHEDULE 9 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR THE CREATION OF NEW RIGHTS AND IMPOSITION OF NEW RESTRICITVE COVENANTS

1

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

2

  • (1) Without limitation to the scope of paragraph 1, the Land Compensation Act 197337 has effect subject to the modifications set out in sub-paragraph (2).
  • (2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 (measure of compensation in case of severance) of the 1965 Act as substituted by paragraph 5
  • (a) for the words “land is acquired or taken from” substitute “a right or restrictive covenant over land is purchased from or imposed on”; and
  • (b) for the words “acquired or taken from him” substitute “over which the right is exercisable or the restrictive covenant enforceable”.

3

  • (1) Without limitation on the scope of paragraph 1, the 1961 Act has effect subject to the modification set out in sub-paragraph (2).
  • (2) For section 5A(5A) (relevant valuation date) of the 1961 Act, substitute—

(5A) If— (a) the acquiring authority enters on land for the purpose of exercising a right in pursuance of a notice of entry under section 11(1) of the 1965 Act (as modified by paragraph 8 of Schedule 9 to the Byers Gill Solar Order 2025) (b) the acquiring authority is subsequently required by a determination under paragraph 13 of Schedule 2A to the 1965 Act (as substituted by paragraph 11 of Schedule 9 the Byers Gill Solar Order 2025) to acquire an interest in the land; and (c) the acquiring authority enters on and takes possession of that land, the authority is deemed for the purposes of subsection (3)(a) to have entered on that land where it entered on that land for the purpose of exercising that right.

Application of Part 1 of the 1965 Act

4

  • (1) The 1965 Act is to have effect with the modifications necessary to make it apply to the compulsory acquisition under this Order of a right by the creation of a new right, or to the imposition under this Order of a restrictive covenant, as it applies to the compulsory acquisition under this Order of land, so that, in appropriate contexts, references in that Act to land are read (according to the requirements of the particular context) as referring to, or as including references to—
  • (a) the right acquired or to be acquired, or the restriction imposed or to be imposed; or
  • (b) the land over which the right is or is to be exercisable, or the restriction is to be enforceable.
  • (2) Without limitation on the scope of sub-paragraph (1), Part 1 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act applies in relation to the compulsory acquisition under this Order of a right by the creation of a new right or, in relation to the imposition of a restriction, with the modifications specified in the following provisions of this Schedule.

5

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

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

6

For section 8 of the 1965 Act (provisions as to divided land) substitute

(8) (1) Where in consequence of the service on a person under section 5 of this Act of a notice to treat in respect of a right over land consisting of a house, building or manufactory or of a park or garden belonging to a house (“the relevant land”)— (a) a question of disputed compensation in respect of the purchase of the right or the imposition of the restrictive covenant would apart from this section fall to be determined by the tribunal; and (b) before the tribunal has determined that question the tribunal is satisfied that the person has an interest in the whole of the relevant land and is able and willing to sell that land and— (i) where that land consists of a house, building or factory, that the right cannot be purchased or the restrictive covenant imposed without material detriment to that land; or (ii) where that land consists of such a park or garden, that the right cannot be purchased or the restrictive covenant imposed without seriously affecting the amenity or convenience of the house to which that land belongs, the Byers Gill Solar Order 2025 (“the Order”) ceases, in relation to that person, to authorise the purchase of the right or imposition of a restriction and is deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of such a park or garden, the house to which it belongs, and the notice is deemed to have been served in respect of that interest on such date as the tribunal directs. (2) Any question as to the extent of the land in which the Order is deemed to authorise the purchase of an interest by virtue of subsection (1) of this section must be determined by the tribunal. (3) Where in consequence of a determination of the tribunal that it is satisfied as mentioned in subsection (1) of this section the Order is deemed by virtue of that subsection to authorise the purchase of an interest in land, the acquiring authority may, at any time within the period of 6 weeks beginning with the date of the determination, withdraw the notice to treat in consequence of which the determination was made; but nothing in this subsection prejudices any other power of the authority to withdraw the notice.

7

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

  • (a) section 9(4) (failure by owners to convey);
  • (b) paragraph 10(3) of Schedule 1 (owners under incapacity);
  • (c) paragraph 2(3) of Schedule 2 (absent and untraced owners); and
  • (d) paragraphs 2(3) and 7(2) of Schedule 4 (common land),

8

are so modified as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired or the restrictive covenant which is to be imposed is vested absolutely in the acquiring authority.Section 11 (powers of entry) of the 1965 Act is so modified as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right or restrictive covenant, as well as the notice of entry required by subsection (1) of that section (as it applies to compulsory acquisition under article 21 (compulsory acquisition of land)), it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant (which is deemed for this purpose to have been created on the date of service of the notice); and sections 11A (powers of entry: further notices of entry), 11B (counter-notice requiring possession to be taken on specified date), 12 (unauthorised entry) and 13 (refusal to give possession to acquiring authority) of the 1965 Act is modified correspondingly.

9

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

10

Section 22 (interests omitted from purchase) of the 1965 Act as modified by article 28(4) is so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired or restrictive covenant imposed, subject to compliance with that section as regards compensation.

11

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

SCHEDULE2A (1) (1) This Schedule applies where an acquiring authority serve a notice to treat in respect of a right over, or restrictive covenant affecting, the whole or part of a house, building or factory and have not executed a general vesting declaration under section 4 of the 1981 Act as applied by article 26 (application of the 1981 Act) of the Byers Gill Solar Order 2025 in respect of the land to which the notice to treat relates. (2) But see article 25(3) (acquisition of subsoil only) of the Byers Gill Solar Order 2025 which excludes the acquisition of subsoil only from this Schedule. (3) In this Schedule, “house” includes any park or garden belonging to a house. (3) A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the authority to purchase the owner’s interest in the house, building or factory. (4) A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served. (5) On receiving a counter-notice, the acquiring authority must decide whether to— (a) withdraw the notice to treat, (b) accept the counter-notice, or (c) refer the counter-notice to the Upper Tribunal. (6) The authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”). (7) If the authority decides to refer the counter-notice to the Upper Tribunal they must do so within the decision period. (8) If the authority does not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period. (9) If the authority serves notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in the house, building or factory. (10) On a referral under paragraph 7, the Upper Tribunal must determine whether the acquisition of the right or the imposition of the restrictive covenant would— (a) in the case of a house, building or factory, cause material detriment to the house, building or factory, or (b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs. (11) In making its determination, the Upper Tribunal must take into account— (a) the effect of the acquisition of the right or the imposition of the covenant, (b) the use to be made of the right or covenant proposed to be acquired or imposed, and (c) if the right or covenant is proposed to be acquired or imposed for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land. (12) If the Upper Tribunal determines that the acquisition of the right or the imposition of the covenant would have either of the consequences described in paragraph 10, it must determine how much of the house, building or factory the authority ought to be required to take. (13) If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in that land. (14) (1) If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes it determination withdraw the notice to treat in relation to that land. (2) If the acquiring authority withdraws the notice to treat under this paragraph they must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice. (3) Any dispute as to the compensation is to be determined by the Upper Tribunal.

SCHEDULE 10 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

(1) Plot reference number as shown on the land plans (2) Purpose for which temporary possession may be taken (3) Relevant part of the authorised development
3/7 Land required temporarily to facilitate the construction of, provide working space for and facilitate access to Work Nos. 1- 9. Work Nos. 1 – 9
3/14 Land required temporarily to facilitate the construction of, provide working space for and facilitate access to Work Nos. 1- 9. Work Nos. 1 – 9
3/15 Land required temporarily to facilitate the construction of, provide working space for and facilitate access to Work Nos. 1- 9. Work Nos. 1 – 9

SCHEDULE 11 — PROTECTIVE PROVISIONS

PART 1 — PROTECTION FOR ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS

Application

1

For the protection of the affected undertakers referred to in this Part of this Schedule the following provisions have effect, unless otherwise agreed in writing between the undertaker and the affected undertaker concerned.

2

In this Part of this Schedule—

  • “affected undertaker” means—any licence holder within the meaning of Part 1 (electricity supply) of the 1989 Act (an “electricity undertaker”);a gas transporter within the meaning of Part 1 (gas supply) of the Gas Act 198638 (a “gas undertaker”);a water undertaker within the meaning of Part 1 (preliminary) of the Water Industry Act 199139 (a “water undertaker”); anda sewerage undertaker within the meaning of Part 1 (preliminary) of the Water Industry Act 1991 (a “sewerage undertaker”),

for the area of the authorised development but, for the avoidance of doubt, does not include the undertaker specified in Part 2 (National Grid) of this Schedule, and in relation to any apparatus, means the undertaker to whom it belongs or by whom it is maintained;

  • “alternative apparatus” means alternative apparatus adequate to enable the affected undertaker in question to fulfil its statutory functions in a manner not less efficient than previously;
  • “apparatus” means—in the case of an electricity undertaker, electric lines or electrical plant (as defined in the 1989 Act), belonging to or maintained by that affected undertaker;in the case of a gas undertaker, any mains, pipes or other apparatus belonging to or maintained by a gas transporter for the purposes of gas supply;in the case of a water undertaker—mains, pipes or other apparatus belonging to or maintained by that affected undertaker for the purposes of water supply; andany water mains or service pipes (or part of a water main or service pipe) that is the subject of an agreement to adopt made under section 51A (agreements to adopt water main or service pipe at future date) of the Water Industry Act 1991;in the case of a sewerage undertaker—any drain or works vested in the affected undertaker under the Water Industry Act 1991; andany sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) (adoption of sewers and disposal works) of that Act or an agreement to adopt made under section 104 of that Act,and includes a sludge main, disposal main (within the meaning of section 219 (general interpretation) of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works, and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;
  • “functions” includes powers and duties; and
  • “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.

Precedence of the 1991 Act in respect of apparatus in the streets

3

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

No acquisition etc. except by agreement

4

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

Removal of apparatus

5

  • (1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed, that apparatus must not be removed under this Part of this Schedule and any right of an affected undertaker to maintain that apparatus in that land must not be extinguished until alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the affected undertaker in question.
  • (2) If, for the purpose of executing any works in, on or under any land purchased, held, or used under this Order, the undertaker requires the removal of any apparatus placed in that land, it must give to the affected undertaker in question written notice of that requirement, together with a plan and section of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order an affected undertaker reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to the affected undertaker the necessary facilities and rights for the construction of alternative apparatus in other land of the undertaker and subsequently for the maintenance of that apparatus.
  • (3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2), in the land in which the alternative apparatus or part of such apparatus is to be constructed, the affected undertaker in question must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use all reasonable endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed.
  • (4) Any alternative apparatus to be constructed in land of the undertaker under this part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between the affected undertaker in question and the undertaker or in default of agreement settled by arbitration in accordance with article 40 (arbitration).
  • (5) The affected undertaker in question must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 40 (arbitration) and after the grant to the affected undertaker of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.
  • (6) Regardless of anything in sub-paragraph (5), if the undertaker gives notice in writing to the affected undertaker in question that it desires itself to execute any work, or part of any work in connection with the construction or removal of apparatus in any land controlled by the undertaker, that work, instead of being executed by the affected undertaker, must be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the affected undertaker.
  • (7) Nothing in sub-paragraph (6) authorises the undertaker to execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or execute any filling around the apparatus (where the apparatus is laid in a trench) within 300 millimetres of the apparatus.

Facilities and rights for alternative apparatus

6

  • (1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to an affected undertaker facilities and rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and the affected undertaker in question or in default of agreement settled by arbitration in accordance with article 40 (arbitration).
  • (2) If the facilities and rights to be afforded by the undertaker in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to the affected undertaker in question than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator must make such provision for the payment of compensation by the undertaker to that affected undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

Retained apparatus

7

  • (1) Not less than 28 days before starting the execution of any works of the type referred to in paragraph 5(2) that are near to, or will or may affect, any apparatus the removal of which has not been required by the undertaker under paragraph 5(2), the undertaker must submit to the affected undertaker in question a plan, section and description of the works to be executed.
  • (2) Those works must be executed only in accordance with the plan, section and description submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by the affected undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the affected undertaker is entitled to watch and inspect the execution of those works.
  • (3) Any requirements made by an affected undertaker under sub-paragraph (2) must be made within a period of 21 days beginning with the date on which a plan, section and description under sub-paragraph (1) are submitted to it.
  • (4) If an affected undertaker in accordance with sub-paragraph (3) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 1 to 6 apply as if the removal of the apparatus had been required by the undertaker under paragraph 5(2).
  • (5) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any works, a new plan, section and description instead of the plan, section and description previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan, section and description.
  • (6) The undertaker is not required to comply with sub-paragraph (1) in a case of emergency but in that case it must give to the affected undertaker in question notice as soon as is reasonably practicable and a plan, section and description of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (2) in so far as is reasonably practicable in the circumstances.

Expenses and costs

8

  • (1) Subject to the following provisions of this paragraph, the undertaker must repay to an affected undertaker the reasonable expenses incurred by that affected undertaker 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 such works as are referred to in paragraph 5(2).
  • (2) There must be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Part of this Schedule, that value being calculated after removal.
  • (3) If in accordance with the provisions of this Part of this Schedule—
  • (a) apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or
  • (b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 40 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the affected undertaker 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 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 an affected undertaker in respect of works by virtue of sub-paragraph (1) must, 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 affected undertaker 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.

9

  • (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any such works referred to in paragraph 5(2), any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of an affected undertaker, or there is any interruption in any service provided, or in the supply of any goods, by any affected undertaker, the undertaker must—
  • (a) bear and pay the cost reasonably incurred by that affected undertaker in making good such damage or restoring the supply; and
  • (b) provide reasonable compensation to that affected undertaker for any other expenses, loss, damages, penalty or costs incurred by the affected undertaker,

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

  • (2) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of an affected undertaker, its officers, servants, contractors or agents.
  • (3) An affected undertaker must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise may be made without the consent of the undertaker which, if it withholds such consent, will have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

Enactments and agreements

10

Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and an affected undertaker in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.

PART 2 — FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

11

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

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In this Part of this Schedule—

  • “the 2003 Act” means the Communications Act 200340;
  • “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 2of the 2003 Act41;

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