Contents

• Part 1 Preliminary
• Part 2 Principal powers
• Part 3 Streets
• Part 4 Supplemental powers
• Part 5 Powers of acquisition and possession of land
• Part 6 Operations
• Part 7 Miscellaneous and general
• Schedule 1 Authorised development
• Schedule 2 Requirements
• Schedule 3 Classification of roads, etc.
• Schedule 4 Permanent stopping up of highways and private means of access and provision of new highways and private means of access
• Schedule 5 Land in which only new rights etc. may be acquired
• Schedule 6 Modification of compensation and compulsory purchase enactments for creation of new rights
• Schedule 7 Land of which temporary possession may be taken
• Schedule 8 Trees subject to tree preservation orders
• Schedule 9 Protective provisions
• Schedule 10 Documents to be certified

Part 1 · Preliminary

Article 1Citation and commencement#

This Order may be cited as the A14 Cambridge to Huntingdon Improvement Scheme Development Consent Order 2016 and comes into force on 1st June 2016.

Article 2Interpretation#

(1)In this Order—• “the 1961 Act” means the Land Compensation Act 1961;• “the 1965 Act” means the Compulsory Purchase Act 1965;• “the 1980 Act” means the Highways Act 1980;• “the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981;• “the 1984 Act” means the Road Traffic Regulation Act 1984;• “the 1990 Act” means the Town and Country Planning Act 1990;• “the 1991 Act” means the New Roads and Street Works Act 1991;• “the 2008 Act” means the Planning Act 2008;• “address” includes any number or address for the purposes of electronic transmission;• “apparatus” has the same meaning as in Part 3 of the 1991 Act;• “the authorised development” means the development and associated development described in Schedule 1 (authorised development) and any other development authorised by this Order, which is development within the meaning of section 32 (meaning of development) of the 2008 Act;• “the book of reference” means the document of that description set out in Schedule 10 (documents to be certified) certified by the Secretary of State as the book of reference for the purposes of this Order;• “the borrow pits” means the borrow pits shown on the engineering section drawings and the works plans;• “bridleway” has the same meaning as in the 1980 Act;• “building” includes any structure or erection or any part of a building, structure or erection;• “carriageway” has the same meaning as in the 1980 Act;• “the classification of roads plans” means the plans of that description set out in Schedule 10 certified by the Secretary of State as the classification of roads plans for the purposes of this Order;• “construct” includes execute, place, alter, replace, relay and remove and “construction” is to be construed accordingly;• “the Crown land plans” means the plans of that description set out in Schedule 10 certified by the Secretary of State as the Crown land plans for the purposes of this Order;• “cycle track” has the same meaning as in section 329(1) (further provisions as to interpretation) of the 1980 Act;• “cycleway” means a way constituting or comprised in a highway, being a way over which the public have the following, but no other, rights of way, that is to say, a right of way on pedal cycles (other than pedal cycles which are motor vehicles within the meaning of the Road Traffic Act 1988) with a right of way on foot and a right of way on horseback or leading a horse;• “the de-trunking plans” means the plans of that description set out in Schedule 10 certified by the Secretary of State as the de-trunking plans for the purposes of this Order;• “electronic transmission” means a communication transmitted—(a) by means of an electronic communications network; or(b) by other means but while in electronic form;• “the engineering section drawings” means the documents of that description set out in Schedule 10 certified by the Secretary of State as the engineering section drawings for the purposes of this Order;• “the environmental statement” means the documents of that description set out in Schedule 10 certified by the Secretary of State as the environmental statement for the purposes of this Order;• “equestrian track” means a way constituting or comprised in a highway, being a way over which the public have the following, but no other, rights of way, that is to say on horseback or leading a horse;• “the flood compensation areas” means the flood compensation areas shown on the engineering section drawings and the works plans;• “footpath” and “footway” have the same meaning as in the 1980 Act;• “the general arrangement drawings” means the drawings of that description set out in Schedule 10 certified by the Secretary of State as the general arrangement drawings for the purposes of this Order;• “highway”, “highway authority” and “local highway authority” have the same meaning as in the 1980 Act;• “the land plans” means the plans of that description set out in Schedule 10 certified by the Secretary of State as the land plans for the purposes of this Order;• “the limits of deviation” means the limits of deviation referred to in article 7 (limits of deviation);• “maintain” includes inspect, repair, adjust, alter, remove or reconstruct and any derivative of “maintain” is to be construed accordingly;• “NMU” means non-motorised user;• “the Order land” means the land shown on the land plans which is within the limits of land to be acquired or used permanently or temporarily, and described in the book of reference;• “the Order limits” means the limits of deviation shown on the works plans, and the limits of land to be acquired or used permanently or temporarily shown on the land plans, within which the authorised development may be carried out;• “owner”, in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 1981;• “the relevant planning authority” means the local planning authority for the land and matter in question, being Cambridgeshire County Council, Huntingdonshire District Council or South Cambridgeshire District Council;• “the rights of way and access plans” means the plans of that description set out in Schedule 10 certified by the Secretary of State as the rights of way and access plans for the purposes of this Order;• “the Secretary of State” means (except where that expression appears in article 44 (appeals)) the Secretary of State for Transport;• “the special category land plans” means the plans of that description set out in Schedule 10 certified by the Secretary of State as the special category land plans for the purposes of this Order;• “special road” means a highway which is a special road in accordance with section 16 (general provisions as to special roads) of the 1980 Act or by virtue of an order granting development consent;• “statutory undertaker” means any statutory undertaker for the purposes of section 127(8) (statutory undertakers’ land) of the 2008 Act;• “street” means a street within the meaning of section 48 (streets, street works and undertakers) of the 1991 Act, together with land on the verge of a street or between two carriageways, and includes part of a street;• “street authority”, in relation to a street, has the same meaning as in Part 3 of the 1991 Act;• “traffic authority” has the same meaning as in section 121A (traffic authorities) of the 1984 Act;• “the traffic regulation measures plans” means the plans of that description set out in Schedule 10 certified by the Secretary of State as the traffic regulation measures plans for the purposes of this Order;• “the tribunal” means the Lands Chamber of the Upper Tribunal;• “trunk road” means a highway which is a trunk road by virtue of—(a) section 10 or 19(1) of the 1980 Act (provisions as to trunk roads);(b) an order made or direction given under section 10 of that Act;(c) an order granting development consent; or(d) any other enactment;• “the variation of special road status plans” means the plans of that description set out in Schedule 10 certified by the Secretary of State as the variation of special road status plans for the purposes of this Order;• “watercourse” includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain;• “the works plans” means the plans of that description set out in Schedule 10 certified by the Secretary of State as the works plans for the purposes of this Order; and• “the undertaker” means Highways England Company Limited (Company No. 09346363) of Bridge House, 1 Walnut Tree Close, Guildford, Surrey, GU1 4LZ.

(2)References in this Order to rights over land include references to rights to do or to place and maintain, anything in, on or under land or in the airspace above its surface and references in this Order to the imposition of restrictive covenants are references to the creation of rights over land which interfere with the interests or rights of another and are for the benefit of land which is acquired under this Order or is otherwise comprised in the Order land.

(3)All distances, directions, areas and lengths referred to in this Order are approximate and distances between points on a work comprised in the authorised development are taken to be measured along that work.

(4)For the purposes of this Order, all areas described in square metres in the book of reference are approximate.

(5)References in this Order to points identified by letters or numbers are to be construed as references to points so lettered or numbered on the rights of way and access plans.

(6)References in this Order to numbered works are references to the works as numbered in Schedule 1 (authorised development).

Article 3Disapplication of legislative provisions#

(1)The following provisions do not apply in relation to the construction of any work or the carrying out of any operation required for the purpose of, or in connection with, the construction of the authorised development—

(a)Regulation 12(1)(a) (requirement for environmental permit) of the Environmental Permitting (England and Wales) Regulations 2016 in relation to the carrying on of a relevant flood risk activity for the purpose of the works;

(b)the provisions of any byelaws made under, or having effect as if made under, paragraphs 5, 6 or 6A of Schedule 25 (byelaw-making powers of the authority) to the Water Resources Act 1991;

(c)section 23 (prohibition of obstructions, etc. in watercourses) of the Land Drainage Act 1991in relation to watercourses for which Cambridgeshire County Council is the drainage board concerned;

(d)section 32 (variation of awards) of the Land Drainage Act 1991;

(e)the provisions of any byelaws made under section 66 (powers to make byelaws) of the Land Drainage Act 1991; and

(f)section 28E (duties in relation to sites of scientific interest) of the Wildlife and Countryside Act 1981.

(2)In paragraph (1)(a) “relevant flood risk activity” means an activity within paragraph 3(1)(a), (b) or (c) of Schedule 25 (flood risk activities and excluded flood risk activities) to the Environmental Permitting (England and Wales) Regulations 2016.

(3)The Anglian Water Authority Act 1977 has effect subject to the provisions of this Order and sections 18 (bylaws), 27 (flood prevention) and 28 (excavation of minerals) of that Act, and any byelaws made and having effect under section 18, do not apply in relation to anything done or omitted to be done in connection with construction of the authorised development.

Article 4Maintenance of drainage works#

(1)Nothing in this Order, or the construction, maintenance or operation of the authorised development under it, affects any responsibility for the maintenance of any works connected with the drainage of land, whether that responsibility is imposed or allocated by or under any enactment, or otherwise, unless otherwise agreed in writing between the undertaker and the person responsible.

(2)In this article “drainage” has the same meaning as in section 72 (interpretation) of the Land Drainage Act 1991.

Part 2 · Principal powers

Article 5Development consent, etc., granted by the Order#

(1)Subject to the provisions of this Order, including the requirements in Schedule 2 (requirements), the undertaker is granted development consent for the authorised development to be carried out within the Order limits.

(2)Any enactment applying to land within or adjacent to the Order limits has effect subject to the provisions of this Order.

(3)Nothing in this Order prevents the carrying out of operations consisting of archaeological investigations, non-intrusive investigations for the purpose of assessing ground conditions, remedial work in respect of any contamination or other adverse ground conditions, erection of any temporary means of enclosure, and the temporary display of site notices or advertisements immediately upon this Order coming into force.

Article 6Maintenance of the authorised development#

(1)The undertaker may at any time maintain the authorised development, except to the extent that this Order or an agreement made under this Order provides otherwise.

(2)Paragraph (1) does not extend to any maintenance works which would give rise to any materially new or materially worse environmental effects from those assessed in the environmental statement.

Article 7Limits of deviation#

In carrying out the authorised development the undertaker may—

(a)deviate laterally from the lines or situations of the authorised development shown on the works plans to the extent of the limits of deviation shown on those plans; and

(b)deviate vertically from the levels of the authorised development shown on the engineering section drawings—

(i)to a maximum of 0.5 metres upwards or downwards; or

(ii)in respect of the excavation of the borrow pits or the flood compensation areas, to a maximum of 0.5 metres downwards but to any distance upwards to ground level,

except that these maximum limits of vertical deviation do not apply where it is demonstrated by the undertaker to the Secretary of State’s satisfaction and the Secretary of State, following consultation with the relevant planning authority, certifies accordingly that a deviation in excess of these limits would not give rise to any materially new or materially worse adverse environmental effects in comparison with those reported in the environmental statement.

Article 8Benefit of Order#

(1)Subject to article 9 (consent to transfer benefit of Order) and paragraph (2), the provisions of this Order conferring powers on the undertaker have effect solely for the benefit of the undertaker.

(2)Paragraph (1) does not apply to the works for which the consent is granted by this Order for the express benefit of owners and occupiers of land, statutory undertakers and other persons affected by the authorised development.

Article 9Consent to transfer benefit of Order#

(1)The undertaker may with the consent of the Secretary of State—

(a)transfer to another person (“the transferee”) any or all of the benefit of the provisions of this Order and such related statutory rights as may be agreed between the undertaker and the transferee; or

(b)grant to another person (“the lessee”) for a period agreed between the undertaker and the lessee any or all of the benefit of the provisions of this Order and such related statutory rights as may be so agreed.

(2)Where an agreement has been made in accordance with paragraph (1) references in this Order to the undertaker, except in paragraph (3), include references to the transferee or the lessee.

(3)The exercise by a person of any benefits or rights conferred in accordance with any transfer or grant under paragraph (1) is subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by the undertaker.

Part 3 · Streets

Article 10Application of the 1991 Act#

(1)Works executed under this Order in relation to a highway which consists of or includes a carriageway are to be treated for the purposes of Part 3 (street works in England and Wales) of the 1991 Act as major highway works if—

(a)they are of a description mentioned in any of paragraphs (a), (c) to (e), (g) and (h) of section 86(3) (which defines what highway authority works are major highway works) of that Act; or

(b)they are works which, had they been executed by the highway authority, might have been carried out in exercise of the powers conferred by section 64 (dual carriageways and roundabouts) of the 1980 Act or section 184 (vehicle crossings over footways and verges) of that Act.

(2)In Part 3 of the 1991 Act references, in relation to major highway works, to the highway authority concerned are, in relation to works which are major highway works by virtue of paragraph (1), to be construed as references to the undertaker.

(3)The following provisions of the 1991 Act do not apply in relation to any works executed under the powers conferred by this Order—

(4)The provisions of the 1991 Act mentioned in paragraph (5) (which, together with other provisions of that Act, apply in relation to the execution of street works) and any regulations made, or code of practice issued or approved under, those provisions apply (with the necessary modifications) in relation to any stopping up, alteration or diversion of a street of a temporary nature by the undertaker under the powers conferred by article 14 (temporary stopping up and restriction of use of streets) whether or not the stopping up, alteration or diversion constitutes street works within the meaning of that Act.

(5)The provisions of the 1991 Act referred to in paragraph (4) are—

(6)Sections 54 and 55 of the 1991 Act as applied by paragraph (4) have effect as if references in section 57 of that Act to emergency works were a reference to a stopping up, alteration or diversion (as the case may be) required in a case of emergency.

(7)Nothing in article 11 (construction and maintenance of new, altered or diverted streets and other structures)—

(a)affects the operation of section 87 (prospectively maintainable highways) of the 1991 Act, and the undertaker is not by reason of any duty under that article to maintain a street to be taken to be the street authority in relation to that street for the purposes of Part 3 of that Act; or

(b)has effect in relation to street works as respects which the provisions of Part 3 of the 1991 Act apply.

• section 56 (directions as to timing);• section 56A (power to give directions as to placing of apparatus);• section 58 (restrictions following substantial road works);• section 58A (restriction on works following substantial street works);• section 73A (power to require undertaker to re-surface street);• section 73B (power to specify timing etc. of re-surfacing);• section 73C (materials, workmanship and standard of re-surfacing);• section 78A (contributions to costs of re-surfacing by undertaker); and• Schedule 3A (restriction on works following substantial street works).• section 54 (advance notice of certain works), subject to paragraph (6);• section 55 (notice of starting date of works), subject to paragraph (6);• section 57 (notice of emergency works);• section 59 (general duty of street authority to co-ordinate works);• section 60 (general duty of undertakers to co-operate);• section 68 (facilities to be afforded to street authority);• section 69 (works likely to affect other apparatus in the street);• section 75 (inspection fees);• section 76 (liability for cost of temporary traffic regulation); and• section 77 (liability for cost of use of alternative route),and all such other provisions as apply for the purposes of the provisions mentioned above.

Article 11Construction and maintenance of new, altered or diverted streets and other structures#

(1)Subject to paragraphs (6), (7) and (8), any highway (other than a trunk road or special road) to be constructed under this Order must be completed to the reasonable satisfaction of the local highway authority in whose area the highway lies and, unless otherwise agreed in writing with the local highway authority, the highway including any culverts or other structures laid under it must be maintained by and at the expense of the local highway authority from its completion.

(2)Subject to paragraphs (3), (6), (7) and (8), where a highway (other than a trunk road or special road) is altered or diverted under this Order, the altered or diverted part of the highway must be completed to the reasonable satisfaction of the local highway authority and, unless otherwise agreed in writing with the local highway authority, that part of the highway including any culverts or other structures laid under it must be maintained by and at the expense of the local highway authority from its completion.

(3)Subject to paragraphs (6), (7) and (8), where a footpath, cycle track or bridleway is altered or diverted under this Order along a vehicular private means of access, the altered or diverted part of the highway must, when completed to the reasonable satisfaction of the highway authority and unless otherwise agreed in writing, be maintained (including any culverts or other structures laid under that part of the highway) by and at the expense of the person or persons with the benefit of the vehicular private means of access.

(4)Where a street which is not and is not intended to be a public highway is constructed, altered or diverted under this Order, the street (or part of the street as the case may be) must, when completed to the reasonable satisfaction of the street authority, unless otherwise agreed in writing, be maintained by and at the expense of the undertaker for a period of 12 months from its completion and at the expiry of that period by and at the expense of the street authority.

(5)Subject to paragraphs (6), (7) and (8), where a highway is de-trunked under this Order—

(a)section 265 (transfer of property and liabilities upon a highway becoming or ceasing to be a trunk road) of the 1980 Act applies in respect of that highway; and

(b)any alterations to that highway undertaken under powers conferred by this Order prior to and in connection with that de-trunking must, unless otherwise agreed in writing with the local highway authority, be maintained by and at the expense of the local highway authority from the date of de-trunking.

(6)In the case of any bridge constructed under this Order to carry a highway other than a trunk road or special road over a trunk road or special road, the highway surface must from its completion be maintained by and at the expense of the local highway authority and the structure of the bridge must be maintained by and at the expense of the undertaker.

(7)In the case of any bridge constructed under this Order to carry a highway (other than a trunk road or special road) over another highway which is not a trunk road or a special road, both the highway surface and structure of the bridge must be maintained by and at the expense of the local highway authority from their completion.

(8)In the case of a bridge constructed under this Order to carry a private right of way (whether or not it also carries a footpath, cycle track or bridleway), the surface of the street and the structure of the bridge must be maintained by and at the expense of the undertaker.

(9)In any action against the undertaker in respect of loss or damage resulting from any failure by the undertaker to maintain a street under this article, it is a defence (without affecting any other defence or the application of the law relating to contributory negligence) to prove that the undertaker had taken such care as in all the circumstances was reasonably required to secure that the part of the street to which the action relates was not dangerous to traffic.

(10)For the purposes of a defence under paragraph (9), the court must in particular have regard to the following matters—

(a)the character of the street and the traffic which was reasonably to be expected to use it;

(b)the standard of maintenance appropriate for a street of that character and used by such traffic;

(c)the state of repair in which a reasonable person would have expected to find the street;

(d)whether the undertaker knew, or could reasonably have been expected to know, that the condition of the part of the street to which the action relates was likely to cause danger to users of the street; and

(e)where the undertaker could not reasonably have been expected to repair that part of the street before the cause of action arose, what warning notices of its condition had been displayed,

but for the purposes of such a defence it is not relevant to prove that the undertaker had arranged for a competent person to carry out or supervise the maintenance of the part of the street to which the action relates unless it is also proved that the undertaker had given the competent person proper instructions with regard to the maintenance of the street and that the competent person had carried out those instructions.

Article 12Classification of roads, etc.#

(1)On a date to be determined by the undertaker, and subject to compliance with the procedures in paragraph (2), the M11 London - Cambridge Motorway (Cambridge Western Bypass Section) Scheme 1974 is varied so that in the Schedule to that Scheme, in the paragraph entitled “The Route of the Special Road”, for the words “terminating at a point on the road from Cambridge to Godmanchester (A604) about 280m south-east of its junction with C194 The Avenue, Girton.” substitute the words—“terminating at a point on the road from Felixstowe to Catthorpe (A14) about 452 metres north west of the centreline of the M11 underbridge structure for A1307 Huntingdon Road (‘Bulls Close Bridge’), Girton.”

(2)Before the date on which paragraph (1) is to take effect, the undertaker must publish in the London Gazette, and in one or more newspapers circulating in the vicinity of the authorised development, notification of the date on which paragraph (1) takes effect, and the general effect of that paragraph.

(3)On the date on which the roads described in Part 6 (classification of roads) of Schedule 3 (classification of roads, etc.) are completed and open for traffic—

(a)the roads described in paragraphs 1 to 20 of Part 6 of Schedule 3 are to become trunk roads as if they had become so by virtue of an order made under section 10(2) (general provision as to trunk roads) of the 1980 Act specifying that date as the date on which they were to become trunk roads; and

(b)the road described in paragraph 21 of Part 6 of Schedule 3 is to be classified as the A141 and the road described in paragraphs 22 to 24 of Part 6 of Schedule 3 is to be classified as the A1307 and both these roads are to be—

(i)a principal road for the purpose of any enactment or instrument which refers to highways classified as principal roads; and

(ii)a classified road for the purpose of any enactment or instrument which refers to highways classified as classified roads,

as if such classification had been made under section 12(3) (general provision as to principal and classified roads) of the 1980 Act; and

(c)the roads described in paragraphs 25 to 35 of Part 6 of Schedule 3 are to be classified as set out in those paragraphs and are to be classified roads for the purpose of any enactment or instrument which refers to highways classified as classified roads, as if such classification had been made under section 12(3) of the 1980 Act.

(4)Subject to paragraph (5), on such day as the undertaker may determine, the roads described in Part 3 (roads to be de-trunked) of Schedule 3 are to cease to be trunk roads as if they had ceased to be trunk roads by virtue of an order made under section 10(2) of the 1980 Act specifying that date as the date on which they were to cease to be trunk roads.

(5)The undertaker may only make a determination for the purposes of paragraph (4) with the consent of the Secretary of State, who must consult the local highway authority before deciding whether to give that consent.

(6)From such day as the undertaker may determine no person is to drive any motor vehicle at a speed exceeding the limit in miles per hour specified in column (3) of Part 1 (speed limits) of Schedule 3 along the lengths of road identified in the corresponding row of column (2) of that Part.

(7)Subject to paragraph (8) and article 16 (clearways), from such a day as the undertaker may determine, the restrictions specified in column (3) of Part 2 of Schedule 3 (classification of roads, etc. – traffic regulation measures (clearways and prohibitions)) are to apply to the lengths of road identified in the corresponding row of column (2) of that Part.

(8)The restrictions provided for in paragraph (7) do not apply to an authorised vehicle where the vehicle is excepted from the restrictions in column (3) of Part 2 of Schedule 3.

(9)On such day as the undertaker may determine, the orders specified in column (3) of Parts 4 (revocations and variations of existing traffic regulation orders) and 5 (weight limit variations) of Schedule 3 are to be varied or revoked as specified in the corresponding row of column (4) of those Parts in respect of the lengths of roads specified in the corresponding row of column (2) of those Parts.

(10)The application of paragraphs (1) to (9) may be varied or revoked by any instrument made under any enactment which provides for the variation or revocation of such matters.

(11)No speed limit imposed by this Order applies to vehicles falling within regulation 3(4) of the Road Traffic Exemptions (Special Forces) (Variation and Amendment) Regulations 2011 when used in accordance with regulation 3(5) of those regulations.

(12)In this article, “authorised vehicle” means a vehicle specified by the undertaker from time to time.

Article 13Permanent stopping up of streets and private means of access#

(1)Subject to the provisions of this article, the undertaker may, in connection with the carrying out of the authorised development, stop up each of the streets and private means of access specified in columns (1) and (2) of Parts 1, 2, 3 and 4 of Schedule 4 (permanent stopping up of highways and private means of access and provision of new highways and private means of access) to the extent specified and described in column (3) of those Parts of that Schedule.

(2)No street or private means of access specified in columns (1) and (2) of Parts 1 and 3 of Schedule 4 (being a street or private means of access to be stopped up for which a substitute is to be provided) is to be wholly or partly stopped up under this article unless—

(a)the new street or private means of access to be constructed and substituted for it, which is specified in column (4) of those Parts of that Schedule, has been completed to the reasonable satisfaction of the street authority and is open for use; or

(b)a temporary alternative route for the passage of such traffic as could have used the street or private means of access to be stopped up is first provided and subsequently maintained by the undertaker, to the reasonable satisfaction of the street authority, between the commencement and termination points for the stopping up of the street or private means of access until the completion and opening of the new street or private means of access in accordance with sub-paragraph (a).

(3)No street or private means of access specified in columns (1) and (2) of Parts 2 and 4 of Schedule 4 (being a street or private means of access to be stopped up for which no substitute is to be provided) is to be wholly or partly stopped up under this article unless the condition specified in paragraph (4) is satisfied in relation to all of the land which abuts on either side of the street or private means of access to be stopped up.

(4)The condition referred to in paragraph (3) is that—

(a)the undertaker is in possession of the land; or

(b)there is no right of access to the land from the street or private means of access concerned; or

(c)there is reasonably convenient access to the land otherwise than from the street or private means of access concerned; or

(d)the owners and occupiers of the land have agreed to the stopping up.

(5)Where a street or private means of access has been stopped up under this article—

(a)all rights of way over or along the street or private means of access so stopped up are extinguished; and

(b)the undertaker may appropriate and use for the purposes of the authorised development so much of the site of the street or private means of access as is bounded on both sides by land owned by the undertaker.

(6)Any person who suffers loss by the suspension or extinguishment of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.

(7)This article is subject to article 33 (apparatus and rights of statutory undertakers in stopped up streets).

Article 14Temporary stopping up and restriction of use of streets#

(1)The undertaker may, during and for the purposes of carrying out the authorised development, temporarily stop up, alter or divert any street and may for any reasonable time—

(a)divert the traffic from the street; and

(b)subject to paragraph (3), prevent all persons from passing along the street.

(2)Without limitation on the scope of paragraph (1), the undertaker may use any street temporarily stopped up under the powers conferred by this article and within the Order limits as a temporary working site.

(3)The undertaker must provide reasonable access for pedestrians going to or from premises abutting a street affected by the temporary stopping up, alteration or diversion of a street under this article if there would otherwise be no such access.

(4)The undertaker must not temporarily stop up, alter or divert any street for which it is not the street authority without the consent of the street authority, which may attach reasonable conditions to any consent but its consent must not be unreasonably withheld or delayed.

(5)Any person who suffers loss by the suspension of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.

(6)If a street authority which has received an application for consent under paragraph (4) fails to notify the undertaker of its decision before the end of the period of 28 days beginning with the date on which the application was made, it is deemed to have granted consent.

Article 15Access to works#

The undertaker may, for the purposes of the authorised development, form and lay out means of access, or improve existing means of access at such locations within the Order limits as the undertaker reasonably requires for the purposes of the authorised development.

Article 16Clearways#

(1)From such day as the undertaker may determine, except as provided in paragraph (2) below, no person is to cause or permit any vehicle to wait on any part of the lengths of road described in column (2) of Part 2 (traffic regulation measures (clearways and prohibitions)) of Schedule 3 (classification of roads, etc.) where it is identified that such lengths of road are to become a clearway in the corresponding row of column (3) of that Part, except upon the direction of, or with the permission of, a uniformed constable or uniformed traffic officer.

(2)Nothing in paragraph (1) above applies—

(a)to render it unlawful to cause or permit a vehicle to wait on any part of a road, for so long as may be necessary to enable that vehicle to be used in connection with—

(i)the removal of any obstruction to traffic;

(ii)the maintenance, improvement, reconstruction or operation of the road;

(iii)the laying, erection, inspection, maintenance, alteration, repair, renewal or removal in or near the road of any sewer, main pipe, conduit, wire, cable or other apparatus for the supply of gas, water, electricity or any telecommunications apparatus as defined in Schedule 2 (the Telecommunications Code) to the Telecommunications Act 1984; or

(iv)any building operation or demolition;

(b)in relation to a vehicle being used—

(i)for police, ambulance, fire and rescue authority or traffic officer purposes;

(ii)in the service of a local authority, safety camera partnership or Driver and Vehicle Standards Agency in pursuance of statutory powers or duties;

(iii)in the service of a water or sewerage undertaker within the meaning of the Water Industry Act 1991; or

(iv)by a universal service provider for the purposes of providing a universal postal service as defined by the Postal Service Act 2000; or

(c)in relation to a vehicle waiting when the person in control of it is—

(i)required by law to stop;

(ii)obliged to stop in order to avoid an accident; or

(iii)prevented from proceeding by circumstances outside the person’s control.

(3)No person is to cause or permit any vehicle to wait on any part of the roads described in paragraph (1) for the purposes of selling, or dispensing of, goods from that vehicle, unless the goods are immediately delivered at, or taken into, premises adjacent to the land on which the vehicle stood when the goods were sold or dispensed.

(4)Paragraphs (1), (2) and (3) have effect as if made by order under the 1984 Act, and their application may be varied or revoked by an order made under that Act or any other enactment which provides for the variation or revocation of such orders.

(5)In this article, “traffic officer” means an individual designated under section 2 (designation of traffic officers) of the Traffic Management Act 2004.

Part 4 · Supplemental powers

Article 17Discharge of water#

(1)Subject to paragraphs (3) and (4), the undertaker may use any watercourse or any public sewer or drain for the drainage of water in connection with the carrying out or maintenance of the authorised development and for that purpose may lay down, take up and alter pipes and may, on any land within the Order limits, make openings into, and connections with, the watercourse, public sewer or drain.

(2)Any dispute arising from the making of connections to or the use of a public sewer or drain by the undertaker under paragraph (1) is to be determined as if it were a dispute under section 106 (right to communicate with public sewers) of the Water Industry Act 1991.

(3)The undertaker must not discharge any water into any watercourse, public sewer or drain except with the consent of the person to whom it belongs; and such consent may be given subject to such terms and conditions as that person may reasonably impose, but must not be unreasonably withheld.

(4)The undertaker must not make any opening into any public sewer or drain except—

(a)in accordance with plans approved by the person to whom the sewer or drain belongs, but such approval must not be unreasonably withheld; and

(b)where that person has been given the opportunity to supervise the making of the opening.

(5)The undertaker must take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain under the powers conferred by this article is as free as may be practicable from gravel, soil or other solid substance, oil or matter in suspension.

(6)Nothing in this article overrides the requirement for an environmental permit under regulation 12(1)(b) (requirement for environmental permit) of the Environmental Permitting (England and Wales) Regulations 2016.

(7)In this article—

(a)“public sewer or drain” means a sewer or drain which belongs to the Homes and Communities Agency, the Environment Agency, an internal drainage board, a joint planning board, a local authority, a sewerage undertaker or an urban development corporation; and

(b)other expressions, excluding watercourse, used both in this article and in the Water Resources Act 1991, have the same meaning as in that Act.

(8)If a person who has received an application for consent under paragraph (3) or approval under paragraph (4)(a) fails to notify the undertaker of a decision within 28 days of receiving the application, that person is deemed to have granted consent or given approval, as the case may be.

Article 18Protective works to buildings#

(1)Subject to the following provisions of this article, the undertaker may at the undertaker’s own expense carry out such protective works to any building lying within the Order limits or which may be affected by the authorised development as the undertaker considers necessary or expedient.

(2)Protective works may be carried out—

(a)at any time before or during the carrying out in the vicinity of the building of any part of the authorised development; or

(b)after the completion of that part of the authorised development in the vicinity of the building at any time up to the end of the period of 5 years beginning with the day on which that part of the authorised development is first opened for use.

(3)Subject to paragraph (5), for the purpose of determining how the functions under this article are to be exercised the undertaker may enter and survey any building falling within paragraph (1) and any land within its curtilage.

(4)For the purpose of carrying out protective works to a building under this article the undertaker may (subject to paragraphs (5) and (6))—

(a)enter the building and any land within its curtilage; and

(b)where the works cannot be carried out reasonably conveniently without entering land which is adjacent to the building but outside its curtilage, enter the adjacent land (but not any building erected on it).

(5)Before exercising—

(a)a right under paragraph (1) to carry out protective works to a building;

(b)a right under paragraph (3) to enter a building and land within its curtilage;

(c)a right under paragraph (4)(a) to enter a building and land within its curtilage; or

(d)a right under paragraph (4)(b) to enter land,

the undertaker must, except in the case of emergency, serve on the owners and occupiers of the building or land not less than 14 days’ notice of its intention to exercise that right and, in a case falling within sub-paragraph (a) or (c), specifying the protective works proposed to be carried out.

(6)Where a notice is served under paragraph (5)(a), (5)(c) or (5)(d), the owner or occupier of the building or land concerned may, by serving a counter-notice within the period of 10 days beginning with the day on which the notice was served, require the question of whether it is necessary or expedient to carry out the protective works or to enter the building or land to be referred to arbitration under article 43 (arbitration).

(7)The undertaker must compensate the owners and occupiers of any building or land in relation to which rights under this article have been exercised for any loss or damage arising to them by reason of the exercise of those rights.

(8)Where—

(a)protective works are carried out under this article to a building; and

(b)within the period of 5 years beginning with the day on which the part of the authorised development carried out in the vicinity of the building is first opened for use it appears that the protective works are inadequate to protect the building against damage caused by the carrying out or use of that part of the authorised development,

the undertaker must compensate the owners and occupiers of the building for any loss or damage sustained by them.

(9)Nothing in this article relieves the undertaker from any liability to pay compensation under section 152 of the 2008 Act (compensation in case where no right to claim in nuisance).

(10)Any compensation payable under paragraph (7) or (8) is to be determined, in case of dispute, under Part 1 of the 1961 Act (determination of questions of disputed compensation).

(11)In this article “protective works” in relation to a building means—

(a)underpinning, strengthening and any other works the purpose of which is to prevent damage which may be caused to the building by the carrying out, maintenance or use of the authorised development; and

(b)any works the purpose of which is to remedy any damage which has been caused to the building by the carrying out, maintenance or use of the authorised development.

Article 19Authority to survey and investigate land#

(1)The undertaker may for the purposes of this Order enter on any land shown within the Order limits or which may be affected by the authorised development and—

(a)survey or investigate the land (including any watercourses, static water bodies or vegetation on the land);

(b)without limitation on the scope of sub-paragraph (a), make trial holes in such positions on the land as the undertaker thinks fit to investigate the nature of the surface layer and subsoil and remove soil samples;

(c)without limitation on the scope of sub-paragraph (a), carry out ecological or archaeological investigations on such land, including making any excavations or trial holes on the land for such purposes; and

(d)place on, leave on and remove from the land apparatus for use in connection with the survey and investigation of land and making of trial holes.

(2)No land may be entered or equipment placed or left on or removed from the land under paragraph (1) unless at least 14 days’ notice has been served on every owner and occupier of the land.

(3)Any person entering land under this article on behalf of the undertaker—

(a)must, if so required, before or after entering the land, produce written evidence of authority to do so; and

(b)may take onto the land such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes.

(4)No trial holes are to be made under this article—

(a)in land located within the highway boundary without the consent of the highway authority; or

(b)in a private street without the consent of the street authority,

but such consent must not be unreasonably withheld.

(5)The undertaker must compensate the owners and occupiers of the land for any loss or damage arising by reason of the exercise of the powers conferred by this article, such compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(6)If either a highway authority or a street authority which has received an application for consent under paragraph (4) fails to notify the undertaker of its decision within 28 days of receiving the application, that authority is deemed to have granted the consent.

Part 5 · Powers of acquisition and possession of land

Article 20Compulsory acquisition of land#

(1)The undertaker may acquire compulsorily so much of the Order land as is required for the authorised development, or to facilitate or is incidental to it.

(2)This article is subject to paragraph (2) of article 23 (compulsory acquisition of rights) and paragraph (8) of article 30 (temporary use of land for carrying out the authorised development).

Article 21Compulsory acquisition of land – incorporation of the mineral code#

Parts 2 and 3 of Schedule 2 (minerals) to the Acquisition of Land Act 1981 are incorporated into this Order subject to the modifications that—

(a)paragraph 8(3) is not incorporated; and

(b)for “the acquiring authority” substitute “the undertaker”.

Article 22Time limit for exercise of powers to possess land temporarily or to acquire land compulsorily#

(1)After the end of the period of 5 years beginning with the day on which this Order comes into force—

(a)no notice to treat is to be served under Part 1 of the 1965 Act; and

(b)no declaration is to be executed under section 4 (execution of declaration) of the 1981 Act as applied by article 26 (application of the Compulsory Purchase (Vesting Declarations) Act 1981).

(2)The authority conferred by article 30 (temporary use of land for carrying out the authorised development) ceases at the end of the period referred to in paragraph (1), except that nothing in this paragraph prevents the undertaker from remaining in possession of land after the end of that period, if the land was entered and possession was taken before the end of that period.

Article 23Compulsory acquisition of rights#

(1)Subject to paragraphs (2) to (4), the undertaker may acquire such rights over the Order land or impose restrictive covenants affecting the land as may be required for any purpose for which that land may be acquired under article 20 (compulsory acquisition of land), by creating them as well as acquiring rights already in existence.

(2)In the case of the Order land specified in column (1) of Schedule 5 (land in which only new rights etc. may be acquired) the undertaker’s powers of compulsory acquisition are limited to the acquisition of such wayleaves, easements, or new rights in the land or the imposition of restrictive covenants as may be required for the purpose specified in relation to that land in column (2) of that Schedule.

(3)The power to impose restrictive covenants under paragraph (1) is exercisable only in respect of plots specified in column (1) of Schedule 5.

(4)Subject to section 8 (other provisions as to divided land) of the 1965 Act, as substituted by paragraph 5 of Schedule 6 (modification of compensation and compulsory purchase enactments for creation of new rights), where the undertaker acquires a right over land or the benefit of a restrictive covenant under paragraph (1) or (2), the undertaker is not required to acquire a greater interest in that land.

(5)Schedule 6 has effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right or the imposition of a restrictive covenant.

Article 24Public rights of way#

(1)The public rights of way identified in columns (1) to (3) of Parts 1 and 2 of Schedule 4 (permanent stopping up of highways and private means of access and provision of new highways and private means of access) and shown on the rights of way and access plans are to be extinguished on the date of the expiry of the notice given under paragraph (2)(a).

(2)Prior to the extinguishment of each of the public rights of way identified in columns (1) to (3) of Parts 1 and 2 of Schedule 4 and shown on the rights of way and access plans the undertaker must—

(a)erect a site notice at each end of the rights of way to be extinguished no less than 28 days prior to the extinguishment of that right of way; and

(b)where applicable, have provided the relevant alternative section of public right of way identified in column (4) of Part 1 of Schedule 4 and shown on the rights of way and access plans.

Article 25Private rights over land#

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

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

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

whichever is the earlier.

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

(a)from the date of the acquisition of the right or the benefit of the restrictive covenant by the undertaker, whether compulsorily or by agreement; or

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

whichever is the earlier.

(3)Subject to the provisions of this article, all private rights over land owned by the undertaker which, being within the limits of land which may be acquired or used shown on the land plans, are extinguished on commencement of any activity authorised by this Order which interferes with or breaches those rights.

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

(5)Any person who suffers loss by the extinguishment or suspension of any private right under this article is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.

(6)This article does not apply in relation to any right to which section 138 (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) of the 2008 Act or article 32 (statutory undertakers) applies.

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

(a)any notice given by the undertaker before—

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

(ii)the undertaker’s appropriation of it; or

(iii)the undertaker’s entry onto it; or

(iv)the undertaker’s taking temporary possession of it,

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

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

(8)If any such agreement as is referred to in paragraph (7)(b)—

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

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

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

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

Article 26Application of the 1981 Act#

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

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

(3)In section 1 (application of act) for subsection (2) substitute—“2 This section applies to any Minister, any local or other public authority or any other body or person authorised to acquire land by means of a compulsory purchase order.”

(4)In section 3 (preliminary notices) for subsection (1) substitute—“1 Before making a declaration under section 4 with respect to any land which is subject to a compulsory purchase order the acquiring authority must include the particulars specified in subsection (3) in a notice which is—a given to every person with a relevant interest in the land with respect to which the declaration is to be made (other than a mortgagee who is not in possession); andb published in a local newspaper circulating in the area in which the land is situated.”

(5)In that section, in subsection (2), for “(1)(b)” substitute “(1)” and after “given” insert “and published”.

(6)In that section, for subsections (5) and (6) substitute—“5 For the purposes of this section, a person has a relevant interest in land if—a that person is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion; orb that person holds, or is entitled to the rents and profits of, the land under a lease or agreement, the unexpired term of which exceeds one month.”

(7)In section 5 (earliest date for execution of declaration)—

(a)in subsection (1), after “publication” insert “in a local newspaper circulating in the area in which the land is situated”; and

(b)omit subsection (2).

(8)In section 7 (constructive notice to treat) in subsection (1)(a), omit “(as modified by section 4 of the Acquisition of Land Act 1981)”.

(9)References to the 1965 Act in the 1981 Act are to be construed as references to the 1965 Act as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act to the compulsory acquisition of land under this Order.

Article 27Acquisition of subsoil or airspace only#

(1)The undertaker may acquire compulsorily so much of, or such rights in, the subsoil of or the airspace over the land referred to in paragraph (1) of article 20 (compulsory acquisition of land) as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land.

(2)Where the undertaker acquires any part of, or rights in, the subsoil of or the airspace over land referred to in paragraph (1), the undertaker is not required to acquire an interest in any other part of the land.

(3)Paragraph (2) does not prevent article 28 (acquisition of part of certain properties) from applying where the undertaker acquires a cellar, vault, arch or other construction forming part of a house, building or manufactory.

Article 28Acquisition of part of certain properties#

(1)This article applies instead of section 8(1) (other provisions as to divided land) of the 1965 Act (as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act) where—

(a)a notice to treat is served on a person (“the owner”) under the 1965 Act (as so applied) in respect of land forming part only of a house, building or manufactory or part only of land consisting of a house with a park or garden (“the land subject to the notice to treat”); and

(b)a copy of this article is served on the owner with the notice to treat.

(2)In such a case, the owner may, within the period of 21 days beginning with the day on which the notice was served, serve on the undertaker a counter-notice objecting to the sale of the land subject to the notice to treat and stating that the owner is willing and able to sell the whole (“the land subject to the counter-notice”).

(3)If no such counter-notice is served within that period, the owner must sell the land subject to the notice to treat.

(4)If such a counter-notice is served within that period, the question whether the owner must sell only the land subject to the notice to treat is, unless the undertaker agrees to take the land subject to the counter-notice, to be referred to the tribunal.

(5)If on such a reference the tribunal determine that the land subject to the notice to treat can be taken—

(a)without material detriment to the remainder of the land subject to the counter-notice; or

(b)where the land subject to notice to treat forms part of land consisting of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house,

the owner must sell the land subject to the notice to treat.

(6)If on such a reference the tribunal determine that only part of the land subject to the notice to treat can be taken—

(a)without material detriment to the remainder of the land subject to the counter-notice; or

(b)where the land subject to notice to treat forms part of land consisting of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house,

the notice to treat is deemed to be a notice to treat for that part.

(7)If on such a reference the tribunal determine that—

(a)the land subject to the notice to treat cannot be taken without material detriment to the remainder of the land subject to the counter-notice; but

(b)the material detriment is confined to a part of the land subject to the counter-notice,

the notice to treat is deemed to be a notice to treat for the land to which the material detriment is confined in addition to the land already subject to the notice, whether or not the additional land is land which the undertaker is authorised to acquire compulsorily under this Order.

(8)If the undertaker agrees to take the land subject to the counter-notice, or if the tribunal determine that—

(a)none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice or, as the case may be, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house; and

(b)the material detriment is not confined to a part of the land subject to the counter-notice,

the notice to treat is deemed to be a notice to treat for the land subject to the counter-notice whether or not the whole of that land is land which the undertaker is authorised to acquire compulsorily under this Order.

(9)Where, by reason of a determination by the tribunal under this article a notice to treat is deemed to be a notice to treat for less land or more land than that specified in the notice, the undertaker may, within the period of 6 weeks beginning with the day on which the determination is made, withdraw the notice to treat; and in that event must pay the owner compensation for any loss or expense occasioned to the owner by the giving and withdrawal of the notice, to be determined in case of dispute by the tribunal.

(10)Where the owner is required under this article to sell part only of a house, building or manufactory or of land consisting of a house with a park or garden, the undertaker must pay the owner compensation for any loss sustained by the owner due to the severance of that part in addition to the value of the interest acquired.

Article 29Rights under or over streets#

(1)The undertaker may enter on and appropriate so much of the subsoil of, or airspace over, any street within the Order limits as may be required for the purposes of the authorised development and may use the subsoil or airspace for those purposes or any other purpose ancillary to the authorised development.

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

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

(a)any subway or underground building; or

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

(4)Subject to paragraph (5), any person who is an owner or occupier of land in respect of which the power of appropriation conferred by paragraph (1) is exercised without the undertaker acquiring any part of that person’s interest in the land, and who suffers loss as a result, is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.

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

Article 30Temporary use of land for carrying out the authorised development#

(1)The undertaker may, in connection with the carrying out of the authorised development but subject to article 22(1) (time limit for exercise of powers to possess land temporarily or to acquire land compulsorily)—

(a)enter on and take temporary possession of—

(i)the land specified in columns (1) and (2) of Schedule 7 (land of which temporary possession may be taken) for the purpose specified in relation to that land in column (3) of that Schedule relating to the part of the authorised development specified in column (4) of that Schedule; and

(ii)any other Order land in respect of which no notice of entry has been served under section 11 (powers of entry) of the 1965 Act (other than in connection with the acquisition of rights only) and no declaration has been made under section 4 (execution of declaration) of the 1981 Act;

(b)remove any buildings and vegetation from that land;

(c)construct temporary works (including the provision of means of access) and buildings on that land; and

(d)construct any permanent works specified in relation to that land in column (3) of Schedule 7, or any other mitigation works.

(2)Not less than 14 days before entering on and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land.

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

(a)in the case of any land specified in paragraph (1)(a)(i), after the end of the period of one year beginning with the date of completion of the part of the authorised development specified in relation to that land in column (4) of Schedule 7, or

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

(4)Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but the undertaker is not required to—

(a)replace a building removed under this article;

(b)restore the land on which any permanent works have been constructed under paragraph (1)(d);

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

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

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

(6)Any dispute as to a person’s entitlement to compensation under paragraph (5), or as to the amount of the compensation, is to be determined under Part 1 of the 1961 Act.

(7)Nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (5).

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

(a)acquiring new rights over any part of that land under article 23 (compulsory acquisition of rights); or

(b)acquiring any part of the subsoil of that land or rights in the subsoil or airspace over that land, under article 27 (acquisition of subsoil or airspace only).

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

(10)Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.

Article 31Temporary use of land for maintaining the authorised development#

(1)Subject to paragraph (2), at any time during the maintenance period relating to any of the authorised development, the undertaker may—

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

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

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

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

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

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

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

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

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

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

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

(8)Nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (6).

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

(10)Section 13 (refusal to give possession to the acquiring authority) of the 1965 Act applies to the temporary use of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.

(11)In this article “the maintenance period”, in relation to any part of the authorised development, means the period of 5 years beginning with the date on which that part of the authorised development is first opened for use.

Article 32Statutory undertakers#

(1)Subject to the provisions of article 23(3) (compulsory acquisition of rights), Schedule 9 (protective provisions) and paragraph (2), the undertaker may—

(a)acquire compulsorily, or acquire new rights or impose restrictive covenants over any Order land belonging to statutory undertakers; and

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

(2)Paragraph (1)(b) has no effect in relation to apparatus in respect of which the following provisions apply—

(a)Part 3 (street works in England and Wales) of the 1991 Act; or

(b)article 33 (apparatus and rights of statutory undertakers in stopped up streets).

Article 33Apparatus and rights of statutory undertakers in stopped up streets#

(1)Where a street is stopped up under article 13 (permanent stopping up of streets and private means of access), any statutory utility whose apparatus is under, in, on, along or across the street has the same powers and rights in respect of that apparatus, subject to the provisions of this article, as if this Order had not been made.

(2)Where a street is stopped up under article 13 any statutory utility whose apparatus is under, in, on, over, along or across the street may, and if reasonably requested to do so by the undertaker must—

(a)remove the apparatus and place it or other apparatus provided in substitution for it in such other position as the utility may reasonably determine and have power to place it; or

(b)provide other apparatus in substitution for the existing apparatus and place it in such position as described in sub-paragraph (a).

(3)Subject to the following provisions of this article, the undertaker must pay to any statutory utility an amount equal to the cost reasonably incurred by the utility in or in connection with—

(a)the execution of the relocation works required in consequence of the stopping up of the street; and

(b)the doing of any other work or thing rendered necessary by the execution of the relocation works.

(4)If in the course of the execution of relocation works under paragraph (2)—

(a)apparatus of a better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus; 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 to be necessary, then, if it involves cost in the execution of the relocation works 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 paragraph, would be payable to the statutory utility by virtue of paragraph (3) is to be reduced by the amount of that excess.

(5)For the purposes of paragraph (4)—

(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.

(6)An amount which, apart from this paragraph, would be payable to a statutory utility in respect of works by virtue of paragraph (3) (and having regard, where relevant, to paragraph (4)) 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 utility 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.

(7)Paragraphs (3) to (6) do not apply where the authorised development constitutes major highway works, major bridge works or major transport works for the purposes of Part 3 of the 1991 Act, but instead—

(a)the allowable costs of the relocation works are to be determined in accordance with section 85 (sharing of cost of necessary measures) of that Act and any regulations for the time being having effect under that section; and

(b)the allowable costs are to be borne by the undertaker and the statutory utility in such proportions as may be prescribed by any such regulations.

(8)In this article—• “relocation works” means work executed, or apparatus provided, under paragraph (2); and• “statutory utility” means a statutory undertaker for the purposes of the 1980 Act or a public communications provider as defined in section 151(1) of the Communications Act 2003.

Article 34Recovery of costs of new connection#

(1)Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 32 (statutory undertakers) any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.

(2)Paragraph (1) does not apply in the case of the removal of a public sewer but where such a sewer is removed under article 32, any person who is—

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

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

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

(3)This article does not have effect in relation to apparatus to which article 33 (apparatus and rights of statutory undertakers in stopped up streets) or Part 3 of the 1991 Act applies.

(4)In this article—• “public communications provider” has the same meaning as in section 151(1) of the Communications Act 2003; and• “public utility undertaker” means a gas, water, electricity or sewerage undertaker.

Article 35Special category land#

(1)Upon entry by the undertaker onto the special category land under article 20 (compulsory acquisition of land) or article 23 (compulsory acquisition of rights), so much of the special category land as is required for the purposes of the exercise by the undertaker of the order rights is discharged from all rights, trusts and incidents to which it was previously subject.

(2)In this article—• “the order rights” means rights exercisable over the special category land by the undertaker under article 20 (compulsory acquisition of land) or article 23 (compulsory acquisition of rights); and• “the special category land” means the land identified as forming open space and registered common land and numbered 22/31, 23/2a, 23/1h, 23/1j, 23/1k, 23/7, 23/4, 34/1s, 34/31r, 34/32d and 34/34b in the book of reference and on the special category land plans.

Part 6 · Operations

Article 36Felling or lopping of trees and removal of hedgerows#

(1)The undertaker may fell or lop any tree or shrub within or overhanging land within the Order limits, or cut back its roots, if the undertaker reasonably believes it to be necessary to do so to prevent the tree or shrub—

(a)from obstructing or interfering with the construction, maintenance or operation of the authorised development or any apparatus used in connection with the authorised development; or

(b)from constituting a danger to persons using the authorised development.

(2)In carrying out any activity authorised by paragraph (1), the undertaker must do no unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from such activity.

(3)Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, is to be determined under Part 1 of the 1961 Act.

(4)The undertaker may, for the purposes of carrying out the authorised development but subject to paragraph (2), remove any hedgerow within the Order limits that is required to be removed.

(5)In this article “hedgerow” has the same meaning as in the Hedgerow Regulations 1997.

Article 37Trees subject to tree preservation orders#

(1)The undertaker may fell or lop any tree described in Schedule 8 (trees subject to tree preservation orders), cut back its roots or undertake such other works described in column 2 of that Schedule if it reasonably believes it to be necessary in order to do so to prevent the tree or shrub—

(a)from obstructing or interfering with the construction, maintenance or operation of the authorised development or any apparatus used in connection with the authorised development; or

(b)from constituting a danger to persons using the authorised development.

(2)In carrying out any activity authorised by paragraph (1)—

(a)the undertaker must not cause unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from such activity; and

(b)the duty imposed by section 206(1) of the 1990 Act (replacement of trees) does not apply.

(3)The authority given by paragraph (1) constitutes a deemed consent under the relevant tree preservation order.

(4)Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, is to be determined under Part 1 of the 1961 Act.

Part 7 · Miscellaneous and general

Article 38Operational land for purposes of the 1990 Act#

Development consent granted by this Order is to be treated as specific planning permission for the purposes of section 264(3)(a) (cases in which land is to be treated as operational land for the purposes of that Act) of the 1990 Act.

Article 39Defence to proceedings in respect of statutory nuisance#

(1)Where proceedings are brought under section 82(1) (summary proceedings by person aggrieved by statutory nuisance) of the Environmental Protection Act 1990 in relation to a nuisance falling within paragraph (g) of section 79(1) (noise emitted from premises so as to be prejudicial to health or a nuisance) of that Act no order is to be made, and no fine may be imposed, under section 82(2) of that Act if—

(a)the defendant shows that the nuisance—

(i)relates to premises used by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development and that the nuisance is attributable to the carrying out of the authorised development in accordance with a notice served under section 60 (control of noise on construction site), or a consent given under section 61 (prior consent for work on construction site) of the Control of Pollution Act 1974; or

(ii)is a consequence of the construction or maintenance of the authorised development and that it cannot reasonably be avoided; or

(b)the defendant shows that the nuisance is a consequence of the use of the authorised development and that it cannot reasonably be avoided.

(2)Section 61(9) of the Control of Pollution Act 1974 of that Act, does not apply where the consent relates to the use of premises by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development.

Article 40Protective provisions#

Schedule 9 (protective provisions) has effect.

Article 41Certification of plans, etc.#

(1)As soon as practicable after the making of this Order, the undertaker must submit copies of each of the plans and documents set out in Schedule 10 (documents to be certified) to the Secretary of State for certification as true copies of those plans and documents.

(2)Where any plan or document set out in Schedule 10 requires to be amended to reflect the terms of the Secretary of State’s decision to make this Order, that plan or document in the form amended to the Secretary of State’s satisfaction is the version of the plan or document required to be certified under paragraph (1).

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

(4)The undertaker must, following certification of the plans or documents in accordance with paragraph (1), make those plans or documents available in electronic form for inspection by members of the public.

Article 42Service of notices#

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

(a)by post;

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

(c)with the consent of the recipient and subject to paragraphs (5) to (8) by electronic transmission.

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

(3)For the purposes of section 7 (references to service by post) of the Interpretation Act 1978 as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address, and otherwise—

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

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

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

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

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

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

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

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

(c)the notice or document is legible in all material respects; and

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

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

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

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

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

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

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

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

Article 43Arbitration#

Except where otherwise expressly provided for in this Order and unless otherwise agreed in writing between the parties, any difference under any provision of this Order (other than a difference which falls to be determined by the tribunal) must be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) by the President of the Institution of Civil Engineers.

Article 44Appeals#

(1)Except as otherwise provided in this Order, the undertaker may appeal in the event that a local authority issues a notice further to section 60 (control of noise on construction sites) or 61 (prior consent for work on construction sites) of the Control of Pollution Act 1974.

(2)The appeal process is as follows—

(a)any appeal by the undertaker must be made within 42 days of the date of the notice of the decision;

(b)the undertaker must submit the appeal documentation to the Secretary of State and must on the same day provide copies of the appeal documentation to the local authority and affix a notice to a conspicuous object on or near the site of the works which are the subject of such appeal, which must give details of the decision of the local authority and notice that an appeal has been made together with the address within the locality where appeal documents may be inspected and details of the manner in which representations on the appeal may be made;

(c)as soon as is practicable after receiving the appeal documentation, the Secretary of State must appoint a person to consider the appeal (“the appointed person”) and must notify the appeal parties of the identity of the appointed person and the address to which all correspondence for their attention should be sent;

(d)the local authority must submit their written representations to the appointed person in respect of the appeal within 10 business days of the start date and must ensure that copies of their written representations and any other representations as sent to the appointed person are sent to each other and to the undertaker on the day on which they are submitted to the appointed person;

(e)the appeal parties must make any counter-submissions to the appointed person within 10 business days of receipt of written representations under sub-paragraph (d) above; and

(f)the appointed person must make a decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable.

(3)The appointment of the person under sub-paragraph (2)(c) may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State.

(4)In the event that the appointed person considers that further information is necessary to enable the appointed person to consider the appeal the appointed person must as soon as practicable notify the appeal parties in writing specifying the further information required, the appeal party from whom the information is sought, and the date by which the information is to be submitted.

(5)Any further information required under sub-paragraph (4) must be provided by the party from whom the information is sought to the appointed person and to other appeal parties by the date specified by the appointed person. The appointed person must notify the appeal parties of the revised timetable for the appeal on or before that day. The revised timetable for the appeal must require submission of written representations to the appointed person within 10 business days of the agreed date but must otherwise be in accordance with the process and time limits set out in paragraph (2)(c) to (e).

(6)On an appeal under this paragraph, the appointed person may—

(a)allow or dismiss the appeal; or

(b)reverse or vary any part of the decision of the local authority (whether the appeal relates to that part of it or not),

and may deal with the application as if it had been made to the appointed person in the first instance.

(7)The appointed person may proceed to a decision on an appeal taking into account such written representations as have been sent within the relevant time limits and in the sole discretion of the appointed person such written representations as have been sent outside the relevant time limits.

(8)The appointed person may proceed to a decision even though no written representations have been made within the relevant time limits, if it appears to the appointed person that there is sufficient material to enable a decision to be made on the merits of the case.

(9)The decision of the appointed person on an appeal is final and binding on the parties, and a court may entertain proceedings for questioning the decision only if the proceedings are brought by a claim for judicial review.

(10)The local authority may confirm any determination given by the appointed person in identical form in writing but a failure to give such confirmation (or a failure to give it in identical form) does not affect or invalidate the effect of the appointed person’s determination.

(11)Except where a direction is given under sub-paragraph (12) requiring the costs of the appointed person to be paid by the local authority, the reasonable costs of the appointed person must be met by the undertaker.

(12)On application by the local authority or the undertaker, the appointed person may give directions as to the costs of the appeal parties and as to the parties by whom the costs of the appeal are to be paid. In considering whether to make any such direction and the terms on which it must be made, the appointed person must have regard to the Planning Practice Guidance published by the Department for Communities and Local Government on 6th March 2014 or any circular or guidance which may from time to time replace it.

Article 45Traffic regulation#

(1)This article applies to roads in respect of which the undertaker is not the traffic authority.

(2)Subject to the provisions of this article, and the consent of the traffic authority in whose area the road concerned is situated, which consent must not be unreasonably withheld, the undertaker may, for the purposes of the authorised development—

(a)revoke, amend or suspend in whole or in part any order made, or having effect as if made, under the 1984 Act;

(b)permit, prohibit or restrict the stopping, waiting, loading or unloading of vehicles on any road;

(c)authorise the use as a parking place of any road;

(d)make provision as to the direction or priority of vehicular traffic on any road; and

(e)permit or prohibit vehicular access to any road,

either at all times or at times, on days or during such periods as may be specified by the undertaker.

(3)The power conferred by paragraph (2) may be exercised at any time prior to the expiry of 12 months from the opening of the authorised development for public use but subject to paragraph (7) any prohibition, restriction or other provision made under paragraph (2) may have effect both before and after the expiry of that period.

(4)The undertaker must consult the chief officer of police and the traffic authority in whose area the road is situated before complying with the provisions of paragraph (5).

(5)The undertaker must not exercise the powers conferred by paragraph (2) unless the undertaker has—

(a)given not less than—

(i)12 weeks’ notice in writing of the undertaker’s intention so to do in the case of a prohibition, restriction or other provision intended to have effect permanently; or

(ii)4 weeks’ notice in writing of the undertaker’s intention so to do in the case of a prohibition, restriction or other provision intended to have effect temporarily,

to the chief officer of police and to the traffic authority in whose area the road is situated; and

(b)advertised the undertaker’s intention in such manner as the traffic authority may specify in writing within 28 days of its receipt of notice of the undertaker’s intention in the case of sub-paragraph (a)(i), or within 7 days of its receipt of notice of the undertaker’s intention in the case of sub-paragraph (a)(ii).

(6)Any prohibition, restriction or other provision made by the undertaker under paragraph (2)—

(a)has effect as if duly made by, as the case may be—

(i)the traffic authority in whose area the road is situated, as a traffic regulation order under the 1984 Act; or

(ii)the local authority in whose area the road is situated, as an order under section 32 (power of local authorities to provide parking spaces) of the 1984 Act,

and the instrument by which it is effected may specify savings and exemptions to which the prohibition, restriction or other provision is subject; and

(b)is deemed to be a traffic order for the purposes of Schedule 7 (road traffic contraventions subject to civil enforcement) to the Traffic Management Act 2004 .

(7)Any prohibition, restriction or other provision made under this article may be suspended, varied or revoked by the undertaker from time to time by subsequent exercise of the powers conferred by paragraph (2) within a period of 24 months from the opening of the authorised development.

(8)Before exercising the powers conferred by paragraph (2) the undertaker must consult such persons as the undertaker considers necessary and appropriate and must take into consideration any representations made to the undertaker by any such person.

(9)Expressions used in this article and in the 1984 Act have the same meaning in this article as in that Act.

(10)The powers conferred on the undertaker by this article with respect to any road have effect subject to any agreement entered into by the undertaker with any person with an interest in (or who undertakes activities in relation to) premises served by the road.

(11)If a traffic authority fails to notify the undertaker of its decision within 28 days of receiving an application for consent under paragraph (2), the traffic authority is deemed to have granted the consent.

Schedule 1 · Authorised development

Schedule 2 · Requirements

Part 1 · Requirements

(1)In this Schedule—• “the borrow pits restoration and aftercare strategy” means the document of that description set out in Schedule 10 (documents to be certified) certified by the Secretary of State as the borrow pits restoration and aftercare strategy for the purposes of this Order and which sets out the general restoration and aftercare arrangements for the borrow pits referred to in Schedule 1 (authorised development), together with the process by which a borrow pit restoration and aftercare plan for each borrow pit will be prepared, consulted upon and finalised;• “the code of construction practice” means the document of that description set out in Schedule 10 certified by the Secretary of State as the code of construction practice for the purposes of this Order and which contains obligations on the undertaker to prepare, amongst other things, construction environmental management plans and local environmental management plans in order to secure a number of specified mitigation measures during construction of the authorised development in respect of general site operations, air quality, cultural heritage, community and private assets, geology and soils (which includes complying with a soil management strategy (appendix 12.2 to the environmental statement) and the associated technical annex (document reference HE/A14/EX/125)), landscape, material resources, nature conservation, noise and vibration, road drainage and the water environment and traffic, transport and all travellers;• “contaminated land” has the same meaning as that given in section 78A of the Environmental Protection Act 1990;• “the Design Council’s Design Review panel” means the group of independent professionals assembled by the Design Council (registered charity number 272099) to undertake reviews of the design of infrastructure projects in accordance with guidance published by the Design Council from time to time;• “European Protected Species” has the same meaning as in regulations 42 (European protected species of animals) and 46 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2017;• “the flood risk assessment” means the document of that description set out in Schedule 10 certified by the Secretary of State as the flood risk assessment for the purposes of this Order; and• “nationally protected species” means any species protected under the Wildlife and Countryside Act 1981.

(2)The authorised development must not commence later than the expiration of 5 years beginning with the date on which this Order comes into force.

(3)

(1)The authorised development must be designed in detail and carried out so that it is compatible with the preliminary scheme design shown on the works plans and the engineering section drawings unless otherwise agreed in writing by the Secretary of State following consultation with the relevant planning authority on matters related to its functions and provided that the Secretary of State is satisfied that any amendments to the works plans and the engineering section drawings showing departures from the preliminary design would not give rise to any materially new or materially worse adverse environmental effects in comparison with those reported in the environmental statement.

(2)Where amended details are approved by the Secretary of State under sub-paragraph (1), those details are deemed to be substituted for the corresponding works plans or engineering section drawings and the undertaker must make those amended details available in electronic form for inspection by members of the public.

(3)No part of the authorised development is to commence until options for the detailed design of that part of the authorised development have been submitted to the Design Council’s Design Review panel and the undertaker has received and considered the advice of the Design Council’s Design Review panel in respect of the detailed design of that part of the authorised development.

(4)The undertaker must, in the course of developing the detailed design of the authorised development, consult with the relevant planning authorities, the Parish Forums, the Community Forums, the Landowner Forums and the Environment Forum in accordance with the provisions of the code of construction practice.

(5)No part of the authorised development is to commence until details of the external appearance of the viaduct to be constructed as Work No. 5(gg) have been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority.

(4)

(1)The authorised development must be carried out in accordance with the provisions of the code of construction practice.

(2)The undertaker must make the local environmental management plans produced in accordance with the code of construction practice available in an electronic form suitable for inspection by members of the public.

(5)

(1)No part of the authorised development is to commence until final pre-construction survey work for that part has been carried out, reflecting that contained in the environmental statement, to establish whether European or nationally protected species are present on any of the land affected, or likely to be affected, by any part of the authorised development or in any of the trees and shrubs to be lopped or felled as part of the authorised development.

(2)Where a protected species is shown to be present, or where there is a reasonable likelihood of it being present, the relevant parts of the relevant works must not begin until a scheme of protection and mitigation measures including their design and management has been submitted to and approved in writing by the Secretary of State after consultation with Natural England. Except to the extent otherwise approved, the scheme of protection and mitigation measures including their design and management must be in accordance with the guidance in the Design Manual for Roads and Bridges (Volume 10, section 4).

(3)The relevant works must be carried out in accordance with the approved scheme or with any amended scheme that may subsequently be approved in writing by the Secretary of State, after consultation with Natural England, and in accordance with any necessary licence.

(6)

(1)In the event that contaminated land, including groundwater, is found at any time when carrying out the authorised development which was not previously identified in the environmental statement, it must be reported as soon as reasonably practicable to the relevant planning authority and the Environment Agency and the undertaker must complete a risk assessment of the contamination in consultation with the relevant planning authority and the Environment Agency.

(2)Where the undertaker determines that remediation of the contaminated land is necessary, a written scheme and programme for the remedial measures to be taken to render the land fit for its intended purpose, must be submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority and the Environment Agency.

(3)Remediation must be carried out in accordance with the approved scheme.

(7)

(1)No part of the authorised development is to commence until the undertaker has, following consultation with the relevant planning authority, issued a planting strategy which includes the landscape elements and objectives of the authorised development.

(2)No part of the authorised development is to commence until a landscaping scheme applicable to that part has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority. Such landscaping scheme must be in accordance with the planting strategy issued under sub-paragraph (1).

(3)The landscaping scheme must reflect the mitigation measures included in the environmental statement and set out details of all proposed hard and soft landscaping works, including—

(a)location, number, species, size and planting density of any proposed aquatic or terrestrial planting;

(b)landscaping works associated with any noise fences and walls (as appropriate);

(c)cultivation, importing of materials and other operations to ensure plant establishment;

(d)proposed finished ground levels;

(e)hard surfacing materials;

(f)details of existing trees to be retained, with measures for their protection during the construction period;

(g)retained historic landscape features and proposals for restoration, where relevant; and

(h)implementation timetables for all landscaping works.

(4)All landscaping works must be carried out in accordance with the approved landscaping scheme and carried out to a reasonable standard in accordance with the relevant recommendations of appropriate British Standards or other recognised codes of good practice.

(5)Any tree or shrub planted as part of the landscaping scheme that, within a period of 5 years after planting, dies or becomes, in the opinion of the relevant planning authority, seriously diseased, must be replaced in the first available planting season with a specimen of the same species and size as that originally planted.

(8)

(1)No authorised development is to commence until a written scheme for the investigation of areas of archaeological interest, reflecting the mitigation measures included in the environmental statement, has been submitted to and approved in writing by the Secretary of State.

(2)Prior to the submission of the written scheme to the Secretary of State for approval under paragraph 8(1), the relevant planning authority must be consulted on its content.

(3)The authorised development must be carried out in accordance with the scheme as approved under sub-paragraph (1).

(9)

(1)No part of the authorised development is to commence until a traffic management plan applicable to the construction of that part has been submitted to and approved in writing by the Secretary of State, following consultation with the local highway authority.

(2)The authorised development must be constructed in accordance with the approved plan referred to in sub-paragraph (1).

(10)

(1)No part of the authorised development is to commence until written details of the surface water drainage system to be constructed for that part, reflecting the mitigation measures included in the environmental statement and including means of pollution control, have been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority.

(2)The surface water drainage system must be constructed in accordance with the approved details referred to in sub-paragraph (1).

(11)

(1)The restoration and aftercare (including longer-term maintenance and management) of the borrow pits must be carried out in accordance with the borrow pits restoration and aftercare strategy.

(2)The undertaker must make the borrow pit restoration and aftercare plans produced in accordance with the borrow pits restoration and aftercare strategy available in an electronic form suitable for inspection by members of the public.

(12)

(1)No part of the authorised development is to commence until written details of proposed noise mitigation in respect of the use and operation of that part of the authorised development, including noise barriers and any very low noise surfacing, have been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority.

(2)The written details referred to in sub-paragraph (1) must either reflect the mitigation measures included in the environmental statement or, where the mitigation proposed materially differs from the mitigation identified in the environmental statement, the undertaker must provide evidence with the written details submitted that the mitigation proposed would not give rise to any materially new or materially worse adverse environmental effects in comparison with those reported in the environmental statement taking into account the mitigation identified in it.

(3)The noise mitigation must be constructed in accordance with the approved details referred to in sub-paragraph (1) and must be retained thereafter.

(12A)

(1)No part of the authorised development within the area of South Cambridgeshire District Council is to be opened for public use until a post-construction noise monitoring plan for that part complying with this requirement has been submitted to and approved in writing by the Secretary of State, following consultation with South Cambridgeshire District Council (“the monitoring plan”).

(2)The monitoring plan must make provision for the monitoring of traffic flows with reference to the Important Areas identified within the area of South Cambridgeshire District Council in the environmental statement.

(3)The monitoring plan must provide that—

(a)during the 12 month period after the authorised development has been opened for public use, and during the 12 month period after the authorised development has been opened for public use for 4 years, traffic monitoring must be undertaken for the locations referred to in sub-paragraph (2) in accordance with the Post Opening Project Evaluation procedure operated by the undertaker;

(b)if following analysis by the undertaker of the monitoring data derived from the monitoring mentioned in sub-paragraph (a), in consultation with South Cambridgeshire District Council, it reasonably appears to the undertaker that as a result of the authorised development traffic flows are materially greater than those predicted in the environmental statement, the assessment of noise effects at the locations where those materially greater flows are identified is to be re-calculated utilising the monitored data and using the methodology set out in the environmental statement; and

(c)if it reasonably appears to the undertaker from the re-calculations mentioned in sub-paragraph (b) that the noise effects of the authorised development are materially greater than those predicted in the environmental statement, the undertaker, in consultation with South Cambridgeshire District Council, must develop a scheme of reasonable and sustainable mitigation at each relevant location, which the undertaker must submit to the Secretary of State for approval.

(4)Post-construction noise monitoring must be carried out by the undertaker in accordance with the monitoring plan and the results of the monitoring must be submitted to South Cambridgeshire District Council.

(5)Before considering whether to approve any scheme of mitigation submitted by the undertaker to the Secretary of State, the Secretary of State must consult South Cambridgeshire District Council.

(6)Any scheme of mitigation approved by the Secretary of State must be implemented by the undertaker.

(13)

(1)Works Nos. 1, 2, 3, 40 and 44 must not commence until the details of the establishment and management of the mitigation areas to be provided under Works Nos. 2 and 3 to the north and west of Brampton Meadows Site of Special Scientific Interest (as shown in plot 5/38a and part of plots 5/11 and 5/10 of the land plans), including details of all proposed planting, landscaping and access works, have been submitted to and approved in writing by the Secretary of State, after consultation with Natural England.

(2)The establishment and management of the mitigation areas must be carried out in accordance with the approved details referred to in sub-paragraph (1).

(14)

(1)No part of the authorised development is to commence until a written scheme of the proposed highway lighting to be provided for that part of the authorised development has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority and, (in the case of proposed lighting for any highway for which the undertaker is not, or will not be following implementation of article 12(4), the highway authority), the local highway authority.

(2)The standard of the highway lighting to be provided by the scheme referred to in sub-paragraph (1) must either reflect the standard of the highway lighting included in the environmental statement or, where the standard of the highway lighting proposed materially differs from the standard of the highway lighting identified in the environmental statement, the undertaker must provide evidence with the written scheme submitted for approval that the standard of the highway lighting proposed would not give rise to any materially new or materially worse adverse environmental effects in comparison with those reported in the environmental statement taking into account the lighting identified in it. The standard of the highway lighting must encompass the specification, level of provision, light spillage, intensity, brightness and uniformity of the highway lighting.

(3)The authorised development must be carried out in accordance with the scheme approved under sub-paragraph (1).

(4)Nothing in this requirement restricts lighting of the authorised development during its construction or where temporarily required for maintenance.

(15)

(1)Subject to sub-paragraph (2), the authorised development must be carried out in accordance with the flood risk assessment, including the mitigation measures detailed in it, so that no part of the authorised development is predicted to result in any exceedance of the flood levels to properties and land shown in the flood risk assessment.

(2)Sub-paragraph (1) does not apply in any circumstance where the undertaker proposes to carry out a part of the authorised development otherwise than in accordance with the flood risk assessment and either demonstrates to the Environment Agency’s satisfaction that the part of the authorised development concerned would not result in an exceedance of the flood levels shown in the flood risk assessment or demonstrates that all affected landowners accept the predicted exceedance of the flood levels shown in the flood risk assessment.

(16)

(1)No part of the authorised development is to commence until the undertaker has installed—

(a)continuous air quality monitors in respect of oxides of nitrogen and fine particles at PM10 and PM 2.5 fractions at or close to—

(i)the junction of Histon Road and Huntingdon Road in the city of Cambridge to be agreed with Cambridge City Council; and

(ii)the historic South Cambridgeshire District Council monitoring location close to Bar Hill to be agreed with South Cambridgeshire District Council; and

(b)diffusion tube monitors in 8 locations to be agreed with Huntingdonshire District Council in Huntingdon, Brampton, Fenstanton, Alconbury, Offord Cluny and Hilton,

and the monitors have subsequently been operated by the undertaker so that the data covering an uninterrupted period of at least 2 months has been obtained by the undertaker.

(2)The specification for installation, operation and data provision must be agreed in writing with the relevant Council prior to the commissioning of monitoring.

(3)The undertaker must operate the monitors installed under sub-paragraph (1)—

(a)during the construction of the authorised development and for a period of at least 3 years from the opening of the authorised development for public use, and until such time that the monitoring shows a continuous period of 12 months with no exceedances of national air quality objectives or European Union limit values for the pollutants monitored;

(b)in line with guidance on air quality monitoring issued by the Department for Environment, Food and Rural Affairs from time to time; and

(c)in each case, in accordance with the specification for installation, operation and data provision prepared under sub-paragraph (2).

(4)The relevant Council must support the undertaker where possible in facilitating the installation of the air quality monitoring equipment to be operated by the undertaker under sub-paragraph (1).

(5)During the time period mentioned in sub-paragraph (2)(a)—

(a)the undertaker must make all data obtained from the monitors available to the relevant Council; and

(b)each relevant Council must supply to the undertaker all air quality monitoring data obtained from its existing air quality monitors on an annual basis.

(6)If, following analysis by the undertaker in consultation with the relevant Council of the monitoring data mentioned in sub-paragraph (5), it reasonably appears that the authorised development has materially worsened air quality such that there are exceedances of national air quality objectives, or European Union limit values for the pollutants monitored, the undertaker must discuss and agree with the relevant Council on a scheme of mitigation, which must be submitted to the Secretary of State for written approval.

(7)Before considering whether to approve the scheme of mitigation, the Secretary of State must consult the relevant Council and take in to consideration any local air quality action plans adopted by the Council as part of its local air quality management duties.

(8)The scheme of mitigation approved under sub-paragraph (6) must be implemented by the undertaker.

(17)

(1)No part of the authorised development is to commence until written details of a traffic impact monitoring and mitigation scheme has been submitted to and approved in writing by the highway authority.

(2)The traffic impact monitoring and mitigation scheme must include—

(i)a before and after survey to assess the changes in traffic;

(ii)the locations to be monitored and the methodology to be used to collect the required data;

(iii)the periods over which traffic is to be monitored;

(iv)the method of assessment of traffic data;

(v)control sites to monitor background growth;

(vi)the implementation of monitoring no less than 3 months before the implementation of traffic management on the existing A14;

(vii)agreement of baseline traffic levels;

(viii)the submission of survey data and interpretative report to the highway authority; and

(ix)a mechanism for the future agreement of mitigation measures.

(3)The scheme approved under sub-paragraph (1) must be implemented by the undertaker.

(18)With respect to any requirement which requires the authorised development to be carried out in accordance with the details approved under this Schedule, the approved details are taken to include any amendments that may subsequently be approved in writing.

(19)

(1)With respect to any requirement which requires details to be submitted to the Secretary of State for approval under this Schedule, the details submitted must be accompanied by a summary report setting out the consultation undertaken by the undertaker to inform the details submitted and the undertaker’s response to that consultation.

(2)The undertaker must ensure that any consultation responses are reflected in the details submitted to the Secretary of State for approval under this Schedule, but only where it is appropriate, reasonable and feasible to do so, taking into account considerations including, but not limited to, cost and engineering practicality.

Part 2 · Procedure for discharge of requirements

(20)

(1)Where an application has been made to the Secretary of State for any consent, agreement or approval required by a requirement (including consent, agreement or approval in respect of part of a requirement) included in this Order the Secretary of State must give notice to the undertaker of the decision on the application within a period of 8 weeks beginning with—

(a)the day immediately following that on which the application is received by the Secretary of State;

(b)the day immediately following that on which further information has been supplied by the undertaker under paragraph 21; or

(c)such longer period as may be agreed between the parties.

(2)Subject to sub-paragraph (3), in the event that the Secretary of State does not determine an application within the period set out in sub-paragraph (1), the Secretary of State is taken to have granted all parts of the application (without any condition or qualification) at the end of that period.

(3)Where—

(a)an application has been made to the Secretary of State for any consent, agreement or approval required by a requirement included in this Order;

(b)the Secretary of State does not determine such application within the period set out in sub-paragraph (1); and

(c)the application is accompanied by a report that considers it likely that the subject matter of the application would give rise to any materially new or materially worse environmental effects in comparison with those reported in the environmental statement,

the application is taken to have been refused by the Secretary of State at the end of that period.

(21)

(1)In relation to any part of an application made under this Schedule, the Secretary of State has the right to request such further information from the undertaker as is necessary to enable the Secretary of State to consider the application.

(2)In the event that the Secretary of State considers such further information to be necessary the Secretary of State must, within 21 business days of receipt of the application, notify the undertaker in writing specifying the further information required and (if applicable) to which part of the application it relates. In the event that the Secretary of State does not give such notification within that 21 business day period the Secretary of State is deemed to have sufficient information to consider the application and is not subsequently entitled to request further information without the prior agreement of the undertaker.

(3)Where further information is requested under this paragraph in relation to part only of an application, that part is treated as separate from the remainder of the application for the purposes of calculating the time periods referred to in paragraph 20 (applications made under requirements) and in this paragraph.

(22)

(1)The undertaker must, as soon as practicable following the making of this Order, establish and maintain in an electronic form suitable for inspection by members of the public a register of those requirements contained in Part 1 of this Schedule that provide for further approvals to be given by the Secretary of State.

(2)The register must set out in relation to each such requirement the status of the requirement, in terms of whether any approval to be given by the Secretary of State has been applied for or given, providing an electronic link to any document containing any approved details.

(3)The register must be maintained by the undertaker for a period of 3 years following completion of the authorised development.

(23)If before the coming into force of this Order the undertaker or any other person has taken any steps that were intended to be steps towards compliance with any provision of Part 1 of this Schedule, those steps may be taken into account for the purpose of determining compliance with that provision if they would have been valid steps for that purpose had they been taken after this Order came into force.

Schedule 3 · Classification of roads, etc.

Part 1 · Speed limits

Part 2 · Traffic regulation measures (clearways and prohibitions)

Part 3 · Roads to be de-trunked

(1)A length of 18.9 kilometres of the A14 Trunk Road from point A on sheet 1 of the De-Trunking Plans, being the point at which the A14 meets the B1043 at a roundabout junction situated to the east of Alconbury, in a south-easterly direction to point B on sheet 15 of the De-Trunking Plans, being a point on the A14 Trunk Road 130 metres south-east of the access to Friesland Farm.

(2)A length of 3.1 kilometres of the A14 Trunk Road from point C on sheet 4 of the De-Trunking Plans, being a point on the A14 Trunk Road 200 metres south-west of the roundabout known as the Spittals Interchange situated west of Huntingdon, passing under the existing B1514 overbridge and then continuing in a north-westerly direction to point D on sheet 13 of the De-Trunking Plans, being the point where the A14 Trunk Road meets the A1 Trunk Road at the existing Brampton Hut Junction situated to the north-west of Brampton.

Part 4 · Revocations and variations of existing traffic regulation orders

Part 5 · Weight limit variations

Part 6 · Classification of roads

The new A14 trunk road

(1)A 27.33 kilometre length of new highway to be classified (as identified in sub-paragraphs 1(a) to 1(c) below) as part of the A14 Trunk Road (such length also including existing highway to be improved, as identified in sub-paragraph 1(d) below)—

(a)commencing from a point 298 metres east of the point where Footpath Ellington 23 (also known as Footpath 71/23), runs adjacent to the eastern boundary of the pumping station, located to the south of the A14, and continuing from that point in an easterly then a south-easterly direction for a distance of 1.45 kilometres to the centre point of a bridge which is proposed to be constructed over the existing A1 Trunk Road to carry this new A14 Trunk Road;

(b)then continuing in a south-easterly then a south-south-easterly direction for a distance of 1.97 kilometres to the centre point beneath a proposed bridge which is to be constructed to carry the new link between the southbound carriageway of the existing A1 Trunk Road and the new A14 Trunk Road;

(c)then continuing in a south-easterly, then an easterly, then a south-easterly direction for a distance of 16.32 kilometres to the point where it meets Bridleway 225/14 (towards the east of the A14 Swavesey Junction); and

(d)then continuing in a south-easterly direction along the existing A14 Trunk Road for a distance of 7.59 kilometres to a point 514 metres south-east of where Beck Brook passes below the A14 Trunk Road in a culvert (towards the north-east of the A14 Girton Interchange),

identified by a blue line on the classification of roads plans – sheets 1 and 2.

(2)A 474 metre length of new highway (as identified in sub-paragraphs (a) and (b) below) to be classified as part of the A14 Trunk Road (together with existing highway to be improved, as identified in sub-paragraph (c) below)—

(a)commencing from its junction with the roundabout proposed to be constructed and known as the Southern New Ellington Roundabout, and continuing in a north-easterly direction for a distance of 198 metres to the roundabout proposed to be constructed and known as the Northern New Ellington Roundabout, plus the entire circumferences of the proposed Southern Ellington Roundabout and Northern Ellington Roundabout;

(b)then continuing from its junction with the proposed Northern Ellington Roundabout, in an east-north-easterly direction for a distance of 215 metres to a point where it meets the existing A14 Trunk Road alignment; and

(c)then continuing in an easterly direction for a distance of 292 metres along the existing A14 Trunk Road alignment to the existing roundabout known as Brampton Hut Interchange,

identified by a blue line on the classification of roads plans – sheet 1.

(3)A 2.1 kilometre length of new highway to be classified as part of the A14 Trunk Road commencing from a point 65 metres north-west of the point where Beck Brook passes below the existing A14 Trunk Road in a culvert (to the west of the existing Girton Interchange) and continuing in a south-easterly direction for a distance of 2048 metres to its junction with the existing A14 Trunk Road,identified by a blue line on the classification of roads plans – sheet 2.

(4)A 2 kilometre length of new highway to be classified as part of the A14 Trunk Road commencing from a point 85 metres north-east of the centre point of the overbridge carrying the existing A14 Trunk Road over the existing M11 motorway (the M11 Overbridge) and continuing in a westerly then a north-north-westerly direction to a point 158 metres north-west of where Beck Brook passes below the existing A14 Trunk Road in a culvert,identified by a blue line on the classification of roads plans – sheet 2.

The new A14 trunk road and A1 trunk road brampton interchange slip roads

(5)A 1.8 kilometre length of new highway to be classified as part of the A1 Trunk Road commencing from a point 373 metres north of the centre point of where the southbound carriageway of the existing A1 Trunk Road passes under the proposed overbridge to be constructed to carry the C167 Grafham Road over the existing A1 Trunk Road, and continuing in a southerly and then south-easterly direction over the proposed A14 Trunk Road to be constructed, to where it merges with the eastbound carriageway of the proposed A14 Trunk Road, at a point 528 metres south east of the centre point of where it passes over the realigned B1514 Buckden Road,identified by a red line on the classification of roads plans - sheet 1.

(6)A 1.75 kilometre length of new highway to be classified as part of the A14 Trunk Road commencing from the point 343 metres south-east of where the westbound carriageway of the proposed A14 Trunk Road to be constructed passes over the proposed realignment of the existing B1514 Buckden Road, to the point where it merges with the northbound carriageway of the existing A1 Trunk Road 483 metres north of the point where the northbound carriageway of the existing A1 Trunk Road passes under the proposed overbridge to be constructed to carry the C167 Grafham Road over the existing A1 Trunk Road,identified by a blue line on the classification of roads plans - sheet 1.

The new A14 trunk road girton interchange slip roads

(7)A 813 metre length of new bifurcated slip road, to be classified as part of the A14 Trunk Road, commencing at the junction of the slip road with the roundabout proposed to be constructed and known as Girton Roundabout West and continuing in a northerly then a north-westerly direction to where a point where it merges with the westbound carriageway of the existing A14 Trunk Road, at a point 266 metres south-east of where Beck Brook passes under the existing A14 Trunk Road in a culvert,identified by a blue line on classification of roads plans - sheet 2.

(8)A 580 metre length of new bifurcated slip road, to be classified as part of the A14 Trunk Road, commencing at the centre point on the eastbound carriageway of the existing A14 Trunk Road at a point 56 metres southeast of the centre point of where the eastbound carriageway of the existing A14 Trunk Road passes over Beck Brook (in culvert), continuing in a south-easterly direction to the point where it merges with the roundabout proposed to be constructed and known as Girton Roundabout East,identified by a blue line on the classification of roads plans - sheet 2.

The new A14 trunk road bar hill junction slip roads

(9)A 866 metre length of new bifurcated slip road, to be classified as part of the A14 Trunk Road, commencing at its junction with the roundabout proposed to be constructed and known as Bar Hill Junction (an alteration to the existing A14 Trunk Road junction at Bar Hill) and continuing in a north-westerly direction to the point where it merges with the westbound carriageway of the existing A14 Trunk Road at a point 645 metres north-west of the point where the Longstanton Brook passes (in culvert) under the existing westbound carriageway of the existing A14 Trunk Road,identified by a blue line on the classification of roads plans - sheet 2.

(10)A 613 metre length of new bifurcated slip road, to be classified as part of the A14 Trunk Road, commencing from a point 162 metres north-west of where the boundary between Longstanton Parish and Oakington and Westwick Parish crosses the centre point of the westbound carriageway of the existing A14 Trunk Road, and continuing to its junction with the roundabout proposed to be constructed and known as Bar Hill Junction (as an alteration to the existing A14 Trunk Road Junction at Bar Hill),identified by a blue line on the classification of roads plans - sheet 2.

(11)A 735 metre length of new bifurcated slip road, to be classified as part of the A14 Trunk Road, commencing from its junction with the roundabout proposed to be constructed and known as Bar Hill Junction (as an alteration to the existing A14 Trunk Road), and continuing in a south-easterly direction to the point where it merges with the eastbound carriageway of the existing A14 Trunk Road at a point 282 metres north-west of where the boundary between Longstanton Parish and Oakington and Westwick Parish crosses the centre point of the eastbound carriageway of the existing A14 Trunk Road,identified by a blue line on the classification of roads plans - sheet 2.

(12)A 598 metre length of new bifurcated slip road, to be classified as part of the A14 Trunk Road, commencing at a point 387 metres north-west of the point where the Longstanton Brook passes (in culvert) under the eastbound carriageway of the existing A14 Trunk Road, and continuing to its junction with the roundabout proposed to be constructed and known as Bar Hill Junction (as an alteration to the existing A14 Trunk Road),identified by a blue line on classification of roads plans - sheet 2.

The new A14 cambridge services junction slip road

(13)A 826 metre length of new bifurcated slip road, to be classified as part of the A14 Trunk Road, commencing at a point 180 metres north-west of the point where Utton’s Drove Drain passes under the westbound carriageway of the existing A14 Trunk Road, and continuing in a north-westerly direction to its junction with the roundabout proposed to be constructed and known as ‘Cambridge Services Roundabout’,identified by a blue line on the classification of roads plans - sheet 2.

The new A14 trunk road swavesey junction slip roads

(14)A 938 metre length of new bifurcated slip road, to be classified as part of the A14 Trunk Road, commencing at a point 625 metres north-west of the point where Utton’s Drove Drain passes under the westbound carriageway of the existing A14 Trunk Road, and continuing in a north-westerly direction to its junction with the roundabout proposed to be constructed and known as the Southern Swavesey Roundabout,identified by a blue line on the classification of roads plans - sheet 2.

(15)A 666 metre length of new bifurcated slip road, to be classified as part of the A14 Trunk Road, commencing at its junction with the roundabout proposed to be constructed and known as the South Swavesey Roundabout, and continuing in a north-westerly direction to the point where it merges with the westbound carriageway of the proposed A14 Trunk Road to be constructed at a point 30 metres east of where Scotland Drove Drain passes under the existing A14 Trunk Road,identified by a blue line on the classification of roads plans - sheet 2.

(16)A 638 metre length of new bifurcated slip road, to be classified as part of the A14 Trunk Road, commencing at the centre point of where the eastbound carriageway of the existing A14 Trunk Road passes under the overbridge proposed to be constructed to carry an unclassified road, to connect the roundabout proposed to be constructed and known as Southern Swavesey Roundabout to the roundabout proposed to be constructed and known as Northern Swavesey Roundabout, and continuing from that point in a south-easterly and then a north-westerly direction to its junction with the proposed Northern Swavesey Roundabout,identified by a blue line on the classification of roads plans - sheet 2.

(17)A 1.2 kilometre length of new bifurcated slip road, to be classified as part of the A14 Trunk Road, commencing at its junction with the roundabout proposed to be constructed and known as the Northern Swavesey Roundabout, and continuing in a south-easterly direction to the point where it merges with the eastbound carriageway of the existing A14 Trunk Road at a point 1172 metres south-east of the centre point of the eastbound carriageway of the existing A14 Trunk Road where it passes under the overbridge which is proposed to be constructed between the proposed Northern Swavesey Roundabout and the roundabout proposed to be constructed and known as Southern Swavesey Roundabout,identified by a blue line on the classification of roads plans - sheet 2.

The new A14 trunk road A1198 ermine street junction slip roads

(18)A 595 metre length of new bifurcated slip road, to be classified as part of the A14 Trunk Road, commencing from the point 1007 metres east of the centre point of where the eastbound carriageway of the existing A14 Trunk Road passes under the overbridge which is proposed to be constructed to carry the realigned unclassified road known as Silver Street over the new A14 Trunk Road, and continuing in a north-easterly direction to its junction with the roundabout proposed to be constructed and known as the Northern Ermine Street Roundabout,identified by a blue line on the classification of roads plans - sheet 1.

(19)A 729 metre length of new bifurcated slip road, to be classified as part of the A14 Trunk Road, commencing from its junction with the roundabout proposed to be constructed and known as the Southern Ermine Street Roundabout, and continuing in a north-westerly direction to the point where it merges with the westbound carriageway of the new A14 Trunk Road at a point 992 metres east of the centre point of where the westbound carriageway of the new A14 Trunk Road passes under the overbridge which is proposed to be constructed to carry the realigned unclassified road Silver Street over the new A14 Trunk Road,identified by a blue line on the classification of roads plans - sheet 1.

The new A1 trunk road

(20)A 2.9 kilometre length of new highway to be classified as part of the A1 Trunk Road commencing from a point 4 metres north of the centre point of the existing overbridge carrying the existing A1 Trunk Road over the existing B1514 Buckden Road and continuing in a north-north-westerly, then northerly, then north-westerly, then north-north-easterly direction for a distance of 2.9 kilometres to a point where it merges with the existing A1 Trunk Road, at a point 92 metres south of the centre point of the existing roundabout known as Brampton Hut Interchange,identified by a red line on the classification of roads plans - sheet 1.

The A141 classified road

(21)A length of 3.2 kilometres of the existing A14 highway to be re-classified as the A141 Classified Road, from the existing roundabout known as the Spittals Interchange, in a south-westerly direction, passing under the existing B1514 overbridge, and then continuing in a north-westerly direction to the existing roundabout known as the Brampton Hut Junction,identified by a green line on the classification of roads plans - sheet 1.

The A1307 classified road (huntingdon road)

(22)A 22.2 kilometre length of new highway, to be classified as the A1307 Classified Road (such length also including existing highway to be improved, as identified in paragraph (k) below)—

(a)commencing from its junction with the roundabout proposed to be constructed and known as Girton Roundabout East, (as an alteration to the existing A1307 Huntingdon Road) and continuing in a west-north-westerly direction for a distance of 615 metres to the roundabout proposed to be constructed and known as Girton Roundabout West (as an alteration to the existing A1307 Huntingdon Road) and including the entire circumference of the Girton Roundabout East and the Girton Roundabout West;

(b)then extending from its junction with the proposed Girton Roundabout West in a west-north-westerly direction and then in a north-westerly direction for a distance of 1.6 kilometres to its junction with the proposed Cambridge Crematorium Access Road to be constructed, and then extending in a north-westerly direction for a distance of 415 metres to the roundabout proposed to be constructed and known as ‘Oakington Road Roundabout’ (as an alteration to the existing C193 Oakington Road) including the entire circumference of the proposed Oakington Road Roundabout;

(c)then continuing from its junction with the proposed Oakington Road Roundabout in an east-north-easterly direction and then in a north-easterly direction for a distance of 629 metres to the Dry Drayton Roundabout which is proposed to be constructed (as an alteration to the existing C197 Dry Drayton Road) including the entire circumference of the proposed Drayton Road Roundabout;

(d)then continuing from its junction with the proposed Dry Drayton Roundabout in a west-north-westerly direction, then in a north-north-westerly direction for a distance of 1.6 kilometres to its junction with the proposed Link Road to be constructed from the existing B1050 Hattons Road;

(e)then extending in a north-westerly direction under the bridge proposed to be constructed (as an alteration and realignment of the existing B1050 Hattons Road) and continuing in a north-westerly direction for a distance of 1.5 kilometres to a centre point under the bridge proposed to be constructed over the existing A14 Trunk Road (as a realignment and extension of the existing unclassified Robin’s Lane);

(f)then extending in a north-westerly direction for a distance of 89 metres to its junction with the proposed realignment and extension of the existing unclassified Robin’s Lane, and then continuing in a north-westerly direction for a distance of 997 metres to the east of the existing A14 Eastbound Cambridge Services;

(g)then continuing around the A14 Eastbound Cambridge Services in a north-easterly then north-westerly, then south-westerly direction for a distance of 370 metres to a point just west of the existing A14 Eastbound Cambridge Services (off the A14 eastbound mainline carriageway);

(h)then continuing in a north-westerly direction for a distance of 308 metres, to a centre point under the new footbridge for non-motorised users which is proposed to be constructed close to the Bucking Way Business Park, then extending in a north-easterly direction for a distance of 161 metres to its junction with the new local access road which is proposed to be constructed, and then continuing north-eastwards for a distance of 238 metres to the roundabout proposed to be constructed and known as the Bucking Way Road Roundabout (as an alteration to the existing C186 Bucking Way Road);

(i)then continuing from its junction with the proposed Bucking Way Road roundabout for a distance of 240 metres in a westerly then a south-westerly direction to the roundabout which is proposed to be constructed and known as the Northern Swavesey Roundabout ;

(j)then continuing in a north-westerly direction for a distance of 1.1 kilometres to a point 519 metres west of the point where it meets Bridleway 225/14;

(k)then continuing along the route of the existing A14 Trunk Road, proposed to be reclassified as the A1307 road, for a distance of 11.7 kilometres to its junction with the existing unclassified path crossing Mill Common; and

(l)then continuing in a northerly direction for a distance of 664 metres to its junction with the proposed realignment of the existing B1514 Brampton Road in Huntingdon,

identified by a pink line on the classification of roads plans - sheets 1 and 2.

(23)A 469 metre length of new highway to be constructed and classified as part of the A1307 Classified Road, commencing from its junction with the proposed realignment of the unclassified Hinchingbrooke Park Road, and continuing in a north-easterly direction to its junction with the roundabout proposed to be constructed and known as Views Common Roundabout,identified by a pink line on the classification of roads plans – sheet 1.

(24)A 5.3 kilometre length of the existing A14 which is proposed to be re-classified as part of the A1307 Classified Road, commencing from its junction with the roundabout proposed to be constructed and known as Views Common Roundabout, and continuing in a north-westerly direction to its junction with the A141 at the existing roundabout known as Spittals Interchange, and continuing to a point 420 metres south-east of the existing bridge carrying the existing B1043 over the existing A1(M) road, including the entire circumference of the proposed Views Common Roundabout,identified by a pink line on the classification of roads plans - sheet 1.

B1514 Buckden classified road

(25)A 874 metre length of new highway to be classified as part of the B1514 Buckden Road—

(a)commencing at a point 206 metres west of the roundabout proposed to be constructed and known as Buckden Road Roundabout (as part of an alteration to the alignment of the existing B1514 Buckden Road), and continuing in a north-easterly direction to its junction with the proposed Buckden Road Roundabout; and

(b)continuing from the proposed Buckden Road Roundabout in a north-easterly direction under the overbridge proposed to be constructed (to carry the new A14 Trunk Road and the improved A1 Trunk Road) for a distance of 668 metres to the point where it merges with the existing B1514 Buckden Road at a distance of 761 metres southwest of its junction with the unadopted road known as Park Lane, including the entire circumference of the proposed Buckden Road Roundabout,

identified by an orange dashed line on the classification of roads plans - sheet 1.

B1043 Offord road classified road

(26)A 1.1 kilometre length of new highway to be classified as part of the B1043 Offord Road from a point 511 metres south-west of the point where the boundary between Godmanchester Parish and Offord Cluny and Offord D’Arcy Parish crosses the new A14 Trunk Road which is proposed to be constructed, continuing in a north-easterly direction and traversing an overbridge (which is proposed to be constructed over the proposed new A14 Trunk Road alignment) to the point where it merges with the existing B1043 Offord Road, 482 metres north-east of the centre point of its proposed overbridge crossing the new A14 Trunk Road,identified by an orange dashed line on the classification of roads plans - sheet 1.

A1198 Ermine street classified road

(27)A 1.1 kilometre length of new highway to be classified as part of the A1198 Ermine Street—

(a)commencing from a point 347 metres south-west of a roundabout proposed to be constructed and known as the Ermine Street Roundabout South, and continuing in a north-easterly direction to its junction with the proposed Ermine Street Roundabout South, for a distance of 406 metres including the entire circumference of the proposed Ermine Street Roundabout South;

(b)then continuing from its junction with the proposed Ermine Street Roundabout South in a north-westerly direction across an overbridge proposed to be constructed over the new A14 Trunk Road, for a distance of 183 metres to its junction with the roundabout proposed to be constructed and known as Ermine Street Roundabout North; and

(c)then continuing from the Ermine Street Roundabout North in a north-westerly direction for a distance of 495 metres to the point where it merges with the existing A1198 Ermine Street, at a point 585 metres north of the new A14 Trunk Road, including the entire circumference of the proposed Ermine Street Roundabout North,

identified by an orange line on the classification of roads plans - sheet 1.

B1040 Potton road classified road

(28)A 1 kilometre length of new highway to be classified as part of the B1040 Potton Road commencing from a point 563 metres north-east of West Brook (where West Brook converges with the point at which the Parish boundaries of Hilton, Fenstanton and Hemingford Grey all meet) and continuing in a north-easterly direction for a distance of 1 kilometre, to the point where it merges with the existing B1040 Potton Road,identified by an orange dashed line on the classification of roads plans - sheet 1.

B1050 Hattons road classified road

(29)A 812 metre length of new highway to be classified as part of the B1050 Hattons Road—

(a)commencing at its junction with the existing roundabout known as Saxon Way Roundabout and continuing in a north-westerly then a north-easterly direction for a distance of 144 metres to its junction with the roundabout proposed to be constructed and known as Bar Hill Junction (as an alteration to the existing A14 Trunk Road); and

(b)then continuing from the Bar Hill Junction for a distance of 668 metres in a north-easterly direction to a point where it merges with the existing B1050 Hattons Road, at a point 601 metres north-east of the centre point of the Bar Hill Junction circulatory carriageway, including the entire circumference of the Bar Hill Junction circulatory carriageway,

identified by an orange dashed line on the classification of roads plans - sheet 2.

(30)A 191 metre length of new highway to be classified as part of the B1050 Hattons Road, commencing from its junction with the new A1307 (which is proposed to be constructed), and continuing for a distance of 191 metres to its junction with the existing B1050 Hattons Road (on its new realignment which is proposed to be constructed) to a point 211 metres north-east of the proposed new Bar Hill Junction circulatory carriageway,identified by an orange dashed line on the classification of roads plans - sheet 2.

C181 Hilton road classified road

(31)A 967 metre length of new highway to be classified as the C181 Hilton Road commencing from a point 129 metres north east of where the boundary between Hilton Parish and Fenstanton Parish crosses the existing C181 Hilton Road, and continuing in a north-easterly then a north-north-easterly direction crossing a new overbridge (which is proposed to be constructed over the new A14 Trunk Road) to a point where it merges with the existing C181 Hilton Road, at a point 206 metres south-west of its junction with the existing unclassified road known as Pear Tree Close,identified by a pink dashed line on the classification of roads plans - sheet 1.

C340 Brampton road classified road

(32)A 435 metre length of new highway to be classified as the C340 Brampton Road, commencing from a point 96 metres north-east of the junction of the existing C340 Brampton Road with the existing A1 Trunk Road, and continuing in a north-westerly then a northerly direction to its junction with the roundabout proposed to be constructed and known as Buckden Road Roundabout,identified by a pink dashed line on the classification of roads plans - sheet 1.

C167 Grafham road classified road

(33)A 1.0 kilometre length of new highway to be classified as the C167 Grafham Road commencing from the point where it diverges from the existing C167 Grafham Road, 491 metres west of the centre point of the proposed overbridge (proposed to be constructed to carry it over the new A1 Trunk Road alignment and the new A14 Trunk Road alignment), and continuing in a south-easterly then a north-easterly direction over the proposed overbridge to the point where it merges with the existing C167 Park Road, that point being at a distance of 549 metres northeast of the centre point of the proposed overbridge,identified by a pink dashed line on the classification of roads plans - sheet 1.

C186 Bucking way road classified road

(34)A 174 metre length of new highway to be classified as the C186 Bucking Way Road, commencing at the roundabout which is proposed to be constructed and known as the Bucking Way Road Roundabout, and continuing in a north-easterly direction to the point where it merges with the existing C186 Bucking Way Road, at a point 471 metres south-west of the junction of Bridleway 225/16 with the C186 Bucking Way Road, including the entire circumference of the proposed Bucking Way Road Roundabout,identified by a pink dashed line on the classification of roads plans - sheet 2.

C107 Woolley road

(35)A 2.5 kilometre length of new highway to be classified as the C107 Woolley Road—

(a)commencing from its junction with the roundabout proposed to be constructed and known as the Northern New Ellington Roundabout, and continuing for a distance of 889 metres in a northerly then an easterly and then a northerly direction to the centre point of where it crosses the Ellington Brook Relief Channel on an overbridge which is proposed to be constructed; and

(b)then continuing in a northerly and then in a north-westerly direction for a distance of 1.6 kilometres to where it merges with the existing C107 Woolley Road at a point 205 metres south-east of the access to the Huntingdon Research Centre,

identified by a pink dashed line on the classification of roads plans - sheet 1.

Schedule 4 · Permanent stopping up of highways and private means of access and provision of new highways and private means of access

(1)In relating this Schedule to its corresponding rights of way and access plans, the provisions described in this Schedule are shown on the rights of way and access plans in the following manner—

(a)Existing highways to be stopped up, as described in column 2 of Part 1 and Part 2 of this Schedule, are shown by thick black hatching (as shown in the key on the rights of way and access plans) over the extent of the area to be stopped up, which is described in column 3 of Part 1 and Part 2 of this Schedule.

(b)New highways which are to be substituted for a highway to be stopped up (or which are otherwise to be provided) other than the new or improved A14 Trunk Road and the improved A1 Trunk Road, as are included in column 4 of Part 1 of this Schedule, are shown by black stipple with a centre line (as shown in the key on the rights of way and access plans) and are given a reference label (a capital letter in a circle) and will be a road unless the word ‘bridleway’ appears beneath its reference letter in column 4.

(c)Private means of access to be stopped up, as described in column 2 of Parts 3 and 4 of this Schedule, are shown by a solid black band (as shown in the key on the rights of way and access plans), over the extent of stopping up described in column 3 of Parts 3 and 4, and are given a reference label (a lower case letter in a circle).

(d)New private means of access to be substituted for a private means of access to be stopped up (or which are otherwise to be provided) in relation to the new or improved A14 Trunk Road, as are included in column 4 of Part 3 of this Schedule, are shown by thin diagonal hatching (as shown in the key on the rights of way and access plans) and are given a reference label (a number in a circle).

Part 1 · Highways to be stopped up for which a substitute is to be provided and new highways which are otherwise to be provided

Part 2 · Highways to be stopped up for which no substitute is to be provided

Part 3 · Private means of access to be stopped up for which a substitute is to be provided and new private means of access which are otherwise to be provided

Part 4 · Private means of access to be stopped up for which no substitute is to be provided

Schedule 5 · Land in which only new rights etc. may be acquired

Schedule 6 · Modification of compensation and compulsory purchase enactments for creation of new rights

Compensation enactments

(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 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 on the scope of paragraph 1, the Land Compensation Act 1973 has effect subject to the modifications set out in sub-paragraphs (2) and (3).

(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 4—

(a)for “land is acquired or taken” substitute “a right or restrictive covenant over land is purchased from or imposed on”; and

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

(3)For section 58(1) (determination of material detriment where part of house etc. proposed for compulsory acquisition), as it applies to determinations under section 8 (other provisions as to divided land) of the 1965 Act as substituted by paragraph 5, substitute—“1 In determining under section 8(1) or 34(2) of the Compulsory Purchase Act 1965, or section 166(2) of the Town and Country Planning Act 1990 whether—a a right over or restrictive covenant affecting land consisting of a house, building or manufactory can be taken without material detriment or damage to the house, building or manufactory; orb a right over or restrictive covenant affecting land consisting of a park or garden belonging to a house can be taken without seriously affecting the amenity or convenience of the house,the Upper Tribunal must take into account not only the effect of the acquisition of the right or the imposition of the restrictive covenant but also the use to be made of the right or restrictive covenant proposed to be acquired or imposed, and, in a case where the right or restrictive 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 to be made of the other land.”

Application of the 1965 Act

(3)

(1)The 1965 Act has 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 restrictive covenant imposed or to be imposed; or

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

(2)Without limitation on the scope of sub-paragraph (1), Part 1 (compulsory purchase under Acquisition of Land Act of 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 restrictive covenant, with the modifications specified in the following provisions of this Schedule.

(4)For section 7 (measure of compensation in case of severance) of the 1965 Act substitute—“7 In assessing the compensation to be paid by the acquiring authority under this Act, regard must 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.”

(5)For section 8 (other provisions as to divided land) of the 1965 Act 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 Upper Tribunal (“the tribunal”); andb 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 manufactory, that the right cannot be purchased or the restrictive covenant imposed without material detriment to that land; orii 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 A14 Cambridge to Huntingdon Improvement Scheme Development Consent Order 2016 (“the Order”), in relation to that person, ceases to authorise the purchase of the right or imposition of the restrictive covenant 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 is to 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.”

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

(a)section 9(4) (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),

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

(7)Section 11 (powers of entry) of the 1965 Act is modified so as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right 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 12 (penalty for unauthorised entry) and 13 (entry on warrant in the event of obstruction) of the 1965 Act are modified correspondingly.

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

(9)Section 22 (interests omitted from purchase) of the 1965 Act is modified so 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, subject to compliance with that section as respects compensation.

Schedule 7 · Land of which temporary possession may be taken

Schedule 8 · Trees subject to tree preservation orders

Schedule 9 · Protective provisions

Part 1 · For the protection of electricity, gas, water and sewerage undertakers

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

(2)In this Part of this Schedule—• “alternative apparatus” means alternative apparatus adequate to enable the statutory undertaker in question to fulfil its statutory functions in a manner no less efficient than previously;• “apparatus” means—(a) in the case of an electricity undertaker, electric lines or electrical plant (as defined in the Electricity Act 1989), belonging to or maintained by that undertaker;(b) in the case of a gas undertaker, any mains, pipes or other apparatus belonging to or maintained by a gas transporter within the meaning of Part 1 of the Gas Act 1986 for the purposes of gas supply;(c) in the case of a water undertaker, mains, pipes or other apparatus belonging to or maintained by that undertaker for the purposes of water supply; and(d) in the case of a sewerage undertaker—(a) any drain or works vested in the undertaker under the Water Industry Act 1991; and(b) any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) 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 of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works,and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;• “functions” includes powers and duties;• “in”, in a context referring to apparatus or alternative apparatus in land, includes a reference to apparatus or alternative apparatus under, over or upon land;• “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;• “statutory undertaker” means—(a) any licence holder within the meaning of Part 1 of the Electricity Act 1989;(b) a gas transporter within the meaning of Part 1 of the Gas Act 1986;(c) a water undertaker within the meaning of the Water Industry Act 1991; and(d) a sewerage undertaker within the meaning of Part 1 of the Water Industry Act 1991,for the area of the authorised development, and in relation to any apparatus, means the undertaker to whom it belongs or by whom it is maintained.

On street apparatus

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

Apparatus in stopped up streets

(4)In article 5 (registration and requirements of participants and others)—

(1)Where any street is stopped up under article 13 (permanent stopping up of streets), any statutory undertaker whose apparatus is in the street has the same powers and rights in respect of that apparatus as it enjoyed immediately before the stopping up and the undertaker must grant to the statutory undertaker legal easements reasonably satisfactory to the statutory undertaker in respect of such apparatus and access to it, but nothing in this paragraph affects any right of the undertaker or of the statutory undertaker to require the removal of that apparatus under paragraph 7 or the power of the undertaker to carry out works under paragraph 9.

(2)Regardless of the temporary stopping up or diversion of any highway under the powers conferred by article 14 (temporary stopping up of streets and restriction of use of streets), a statutory undertaker is at liberty at all times 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

(5)The undertaker, in the case of the powers conferred by article 18 (protective work to buildings), must exercise those powers so as not to obstruct or render less convenient the access to any apparatus.

Acquisition of land

(6)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

(7)

(1)If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed or over which access to any apparatus is enjoyed or requires that the statutory undertaker’s apparatus is relocated or diverted, that apparatus must not be removed under this Part of this Schedule, and any right of a statutory undertaker to maintain that apparatus in that land and to gain access to it must not be extinguished, until alternative apparatus has been constructed and is in operation, and access to it has been provided, to the reasonable satisfaction of the statutory undertaker in question in accordance with sub-paragraphs (2) to (6).

(2)If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, the undertaker must give to the statutory undertaker in question 56 days’ written notice of that requirement, together with a plan 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 undertaker reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to the statutory 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 statutory undertaker must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use its best 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 statutory undertaker in question and the undertaker or in default of agreement settled by arbitration in accordance with article 43 (arbitration).

(5)The statutory undertaker in question must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 43, and after the grant to the statutory undertaker of any such facilities and rights as are referred to in sub-paragraphs (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 statutory undertaker in question that the undertaker intends to execute any work, or part of any work in connection with the construction or removal of apparatus in any land of the undertaker, that work, instead of being executed by the statutory undertaker, must be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the statutory undertaker.

Facilities and rights for alternative apparatus

(8)

(1)Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to a statutory 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 are to be granted upon such terms and conditions as may be agreed between the undertaker and the statutory undertaker in question or in default of agreement settled by arbitration in accordance with article 43 (arbitration).

(2)In settling those terms and conditions in respect of alternative apparatus the arbitrator 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 or the traffic on the highway; and

(b)so far as it may be reasonable and practicable to do so in the circumstances of the particular case, give effect to the terms and conditions, if any, applicable to the apparatus for which the alternative apparatus is to be substituted.

(3)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 statutory 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 statutory undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

Retained apparatus

(9)Omit Part 4 (footprint reports and residual measurement lists).

(1)Not less than 28 days before starting the execution of any works in, on or under any land purchased, held, appropriated or used under this Order that are near to, or will or may affect, any apparatus the removal of which has not been required by the undertaker under paragraph 7(2), the undertaker must submit to the statutory undertaker in question a plan of the works to be executed.

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

(3)Any requirements made by a statutory undertaker under sub-paragraph (2) must be made within a period of 21 days beginning with the date on which a plan under sub-paragraph (1) is submitted to it.

(4)If a statutory 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 3 and 6 to 8 apply as if the removal of the apparatus had been required by the undertaker under paragraph 7(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 instead of the plan previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan.

(6)The undertaker is not required to comply with sub-paragraph (1) in a case of emergency but in that case must give to the statutory undertaker in question notice as soon as is reasonably practicable and a plan 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

(10)

(1)Subject to the following provisions of this paragraph, the undertaker must repay to a statutory undertaker all expenses reasonably incurred by that statutory undertaker in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any such works as are referred to in paragraph 7(2), including any costs reasonably incurred in connection with the acquisition of rights under paragraph 7(3), and in watching and inspecting the execution of works under paragraph 9(2) and in making reasonable requirements under paragraph 9(3).

(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, 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 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 43 (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 statutory undertaker in question by virtue of sub-paragraph (1) is to be reduced by the amount of that excess.

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

(a)an extension of apparatus to a length greater than the length of existing apparatus 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 pipe or 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 statutory 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 statutory 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.

(11)

(1)Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of the authorised development or any such works referred to in paragraphs 5, 7(2), or 9(1), or by reason of any subsidence resulting from such development or 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 a statutory undertaker, or there is any interruption in any service provided or of any access to any apparatus, or in the supply of any goods, by any statutory undertaker, the undertaker must—

(a)bear and pay the cost reasonably incurred by that statutory undertaker in making good such damage or restoring the supply; and

(b)make reasonable compensation to that statutory undertaker for any other expenses, loss, damages, penalty or costs incurred by the undertaker,

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

(2)The fact that any act or thing may have been done by a statutory undertaker on behalf of the undertaker or in accordance with a plan approved by a statutory undertaker or in accordance with any requirement of a statutory undertaker 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 the act, neglect or default of a statutory undertaker, its officers, servants, contractors or agents.

(4)A statutory undertaker must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise is to be made without the consent of the undertaker who, if withholding such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

Cooperation

(12)Where in consequence of the proposed construction of any of the authorised development, the undertaker or a statutory undertaker requires the removal of apparatus under paragraph 7(2) or a statutory undertaker makes requirements for the protection or alteration of apparatus under paragraph 9, the undertaker must use 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 the statutory undertaker’s undertaking and each statutory undertaker must use its best endeavours to co-operate with the undertaker for that purpose.

(13)Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and a statutory 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

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

(15)In this Part of this Schedule—• “the 2003 Act” means the Communications Act 2003;• “conduit system” has the same meaning as in the electronic communications code and references to providing a conduit system are to be construed in accordance with paragraph 1(3A) of that code;• “electronic communications apparatus” has the same meaning as in the electronic communications code;• “the electronic communications code” has the same meaning as in Chapter 1 of Part 2 of the 2003 Act;• “electronic communications code network” means—(a) so much of an electronic communications network or conduit system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 of the 2003 Act; and(b) an electronic communications network which the undertaker is providing or proposing to provide;• “electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106 of the 2003 Act; and• “operator” means the operator of an electronic communications code network.

(16)The exercise of the powers conferred by article 32 (statutory undertakers) is subject to paragraph 23 of Schedule 2 (undertaker’s works) to the Telecommunication Act 1984.

(17)

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

(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 those works), 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 who, if withholding such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

(4)Any difference arising between the undertaker and the operator under this Part of this Schedule must be referred to and settled by arbitration under article 43 (arbitration).

(18)This Part of this Schedule does not apply to—

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

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

Part 3 · For the protection of the environment agency

(19)The following provisions of this Part of this Schedule apply for the protection of the Agency unless otherwise agreed in writing between the undertaker and the Agency.

(20)In this Part of this Schedule—• “access route” means an access route used by the Agency prior to the commencement of construction of a specified work for accessing a drainage work;• “the Agency” means the Environment Agency;• “construction” includes execution, placing, altering, replacing, relaying and removal and “construct” and “constructed” are to be construed accordingly;• “drainage work” means any watercourse forming part of a main river as defined in the Water Resources Act 1991 and includes any land which provides or is expected to provide flood storage capacity for any such watercourse and any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage or flood defence and any ancillary works constructed as a consequence of works carried out for drainage purposes;• “fishery” means any waters containing fish and fish in such waters and the spawn, habitat or food of such fish;• “maintenance” has the same meaning as in article 2(1) (interpretation);• “plans” includes sections, drawings, specifications and method statements;• “specified work” means so much of any work or operation authorised by this Order as is in, on, under, over or within 9 metres of a drainage work or is otherwise likely to—(a) affect any drainage work or the volumetric rate of flow of water in or flowing to or from any drainage work;(b) affect the flow, purity or quality of water in any watercourse or other surface waters or ground water;(c) cause obstruction to the free passage of fish or damage to any fishery; or(d) affect the conservation, distribution or use of water resources; and• “watercourse” includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer.

(21)

(1)Before beginning to construct any specified work, the undertaker must submit to the Agency plans of the specified work and such further particulars available to it as the Agency may within 28 days of the receipt of the plans reasonably require.

(2)Plans of a specified work submitted under sub-paragraph (1) relating to that part of Work No. 5 comprising the crossing of the river Great Ouse may not show a reduction of the width of the navigable channel to less than 12 metres or a reduction of the navigable headroom (measured from the normal water retention level of 10.05 metres AOD) to less than 3 metres unless the Agency has given its prior written approval in principle to such a reduction following a request made by the undertaker, such approval not to be unreasonably withheld or delayed.

(3)Any such specified work must not be constructed except in accordance with such plans as may be approved in writing by the Agency, or determined under paragraph 30.

(4)Any approval of the Agency required under this paragraph—

(a)must not be unreasonably withheld or delayed;

(b)is deemed to have been given if it is neither given nor refused within 8 weeks of the submission of the plans or receipt of further particulars if such particulars have been required by the Agency for approval and, in the case of a refusal, accompanied by a statement of the grounds of refusal; and

(c)may be given subject to such reasonable requirements as the Agency may make for the protection of any drainage work, fishery or water resources, for the prevention of flooding or pollution or in the discharge of its environmental duties including those under the Environment Act 1995, the Natural Environment and Rural Communities Act 2006 and the Water Environment (Water Framework Directive)(England and Wales) Regulations 2003.

(5)Any requirement made by the Agency under sub-paragraph (4)(c) may include—

(a)a requirement for the undertaker to carry out monitoring during the implementation of any de-watering scheme approved by the Agency under this paragraph and to supply data arising from that monitoring to the Agency; and

(b)a requirement for the undertaker not to prevent or materially restrict the Agency’s use of any access route during construction of the specified work or, where that is not possible owing to the nature of the work, a requirement for the undertaker to provide for use by the Agency during construction of the specified work a reasonably suitable alternative to the access route.

(6)The Agency must use its reasonable endeavours to respond to the submission of any plans before the expiration of the period mentioned in sub-paragraph (4)(b).

(22)Without limitation on the scope of paragraph 21, but subject always to the provisions of that paragraph as to reasonableness, the requirements which the Agency may make under that paragraph include conditions requiring the undertaker at its own expense to construct such protective works, whether temporary or permanent, before or during the construction of the specified works (including the provision of flood banks, walls or embankments or other new works and the strengthening, repair or renewal of existing banks, walls or embankments) as are reasonably necessary—

(a)to safeguard any drainage work against damage; or

(b)to secure that its efficiency for flood defence purposes is not impaired and that the risk of flooding is not otherwise increased, by reason of any specified work.

(23)On request by the administrator, the appeal body may award the administrator its reasonable costs of an appeal where the appeal body has given the appellant written notice that in its opinion—

(1)Subject to sub-paragraph (2), any specified work, and all protective works required by the Agency under paragraph 22 must be constructed—

(a)without unnecessary or unreasonable delay;

(b)in accordance with the plans approved or deemed to have been approved or settled under this Part of this Schedule; and

(c)to the reasonable satisfaction of the Agency,

and an officer of the Agency is entitled to watch and inspect the construction of such works.

(2)The undertaker must give to the Agency not less than 14 days’ notice in writing of its intention to commence construction of any specified work and notice in writing of its completion not later than 7 days after the date on which it is completed.

(3)If the Agency reasonably requires, the undertaker must construct all or part of the protective works so that they are in place prior to the construction of any specified work.

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

(5)Subject to sub-paragraph (6) and paragraph 26 if, within a reasonable period, being not less than 28 days from the date when a notice under sub-paragraph (4) is served upon the undertaker, it has failed to begin taking steps to comply with the requirements of the notice and subsequently to make reasonably expeditious progress towards their implementation, the Agency may execute the works specified in the notice and any expenditure incurred by it in so doing is recoverable from the undertaker.

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

(24)The costs under paragraph 23—

(1)Subject to sub-paragraph (5), the undertaker must from the commencement of the construction of a specified work until the date falling 12 months from the date of completion of such specified work (“the maintenance period”), maintain in good repair and condition and free from obstruction any drainage work which is situated within the limits of deviation and on land held by the undertaker for the purposes of or in connection with the specified work, whether or not the drainage work is constructed under the powers conferred by this Order or is already in existence; and upon the expiry of the maintenance period, the drainage work must be maintained by the highway authority of the highway to which the specified work relates.

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

(3)Subject to paragraph 26, if, within a reasonable period being not less than 28 days beginning with the date on which a notice in respect of any drainage work is served under sub-paragraph (2) on the person liable for maintenance of the specified work, that person has failed to begin taking steps to comply with the reasonable requirements of the notice and has not subsequently made reasonably expeditious progress towards their implementation, the Agency may do what is necessary for such compliance and may recover any expenditure reasonably incurred by it in so doing from the undertaker.

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

(5)This paragraph does not apply to—

(a)drainage works which are vested in the Agency, or which the Agency or another person is liable to maintain and is not proscribed by the powers of this Order from doing so; and

(b)any obstruction of a drainage work for the purpose of a work or operation authorised by this Order and carried out in accordance with the provisions of this Part of this Schedule.

(25)Subject to paragraph 26, if by reason of the construction of any specified work or of the failure of any such work the efficiency of any drainage work for flood defence purposes is impaired, or that drainage work is otherwise damaged, such impairment or damage must be made good by the undertaker to the reasonable satisfaction of the Agency and if the undertaker fails to do so, the Agency may make good the same and recover from the undertaker the expense reasonably incurred by it in so doing.

(26)Except in an emergency nothing in paragraphs 23(5), 24(3) and 25 authorises the Agency to execute works on or affecting an adopted highway without the prior consent in writing of the undertaker or Cambridgeshire County Council, whichever is the highways authority for the adopted highway in question, such consent not to be unreasonably withheld or delayed.

(27)The undertaker must indemnify the Agency in respect of all costs, charges and expenses which the Agency may reasonably incur or have to pay or which it may sustain—

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

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

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

(28)In section 382(9)(a) (restitution orders) ^note—

(1)Without affecting the other provisions of this Part of this Schedule, the undertaker must indemnify the Agency from all claims, demands, proceedings, costs, damages, expenses or loss, which may be made or taken against, recovered from, or incurred by, the Agency by reason of—

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

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

(c)any flooding or increased flooding of any such lands; or

(d)inadequate water quality in any water in any watercourse or other surface waters or in any groundwater,

which is caused by the construction of any of the specified works or any act or omission of the undertaker, its contractors, agents or employees whilst engaged upon the work.

(2)The Agency must give to the undertaker reasonable notice of any such claim or demand and no settlement or compromise may be made without the agreement of the undertaker which agreement must not be unreasonably withheld or delayed.

(29)The fact that any work or thing has been executed or done by the undertaker in accordance with a plan approved or deemed to be approved by the Agency, or to its satisfaction, or in accordance with any directions or award of an arbitrator, does not relieve the undertaker from any liability under the provisions of this Part of this Schedule.

(30)Any dispute arising between the undertaker and the Agency under this Part of this Schedule is to be determined by arbitration.

Part 4 · For the protection of cambridgeshire county council in respect of ordinary watercourses

(31)The following provisions of this Part of this Schedule apply for the protection of Cambridgeshire County Council unless otherwise agreed between the undertaker and Cambridgeshire County Council.

(32)In this Part of this Schedule—• “construction” includes execution, placing, altering, replacing, relaying and removal and “construct” and “constructed” are to be construed accordingly;• “drainage work” means an ordinary watercourse and includes any land which is expected to provide flood storage capacity for an ordinary watercourse and any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage or flood defence in connection with an ordinary watercourse;• “key watercourse” means any of the following ordinary watercourses—and in each case includes any land or area which is being used or is expected to be used to provide temporary or permanent flood storage capacity or relief for the watercourse and any bank, wall, embankment or other structure, or any appliance constructed or used for land drainage or flood defence in connection with the watercourse;• “ordinary watercourse” has the same meaning as given in section 72 (interpretation) of the Land Drainage Act 1991;• “plans” includes sections, drawings, specifications and method statements; and• “specified work” means any of the following works carried out in relation to any ordinary watercourse—(a) erecting any mill dam, weir or other similar obstruction to the flow of the watercourse, or raising or otherwise altering any such obstruction;(b) erecting a culvert in the watercourse; or(c) altering a culvert in a manner that would be likely to affect the flow of the watercourse.

Key watercourses

(33)In Schedule 1ZA (the Financial Conduct Authority), in paragraph 23(2)(a) (fees) ^note for “other Acts mentioned in section 1A(6)” substitute “ other enactments mentioned in section 1A(6)(a) to (ca) ”.

(1)Before beginning to construct any specified work in relation to a key watercourse, the undertaker must submit to Cambridgeshire County Council plans of the work, and such further particulars available to the undertaker as Cambridgeshire County Council may within 28 days of the submission of the plans reasonably require.

(2)Any such specified work in relation to a key watercourse must not be constructed except in accordance with such plans as may be approved in writing by Cambridgeshire County Council, or determined under paragraph 41.

(3)Any approval of Cambridgeshire County Council required under this paragraph—

(a)must not be unreasonably withheld or delayed;

(b)is to be deemed to have been given if it is neither given nor refused within 2 months of the submission of the plans for approval or where further particulars are submitted under sub-paragraph (1), within 2 months of the submission of those particulars; and

(c)may be given subject to such reasonable requirements or conditions as Cambridgeshire County Council may make for the protection of any key watercourse or for the prevention of flooding.

(34)The requirements or conditions which Cambridgeshire County Council may make under paragraph 33 include conditions requiring the undertaker at its own expense to construct such protective works (including any new works as well as alterations to existing works) as are reasonably necessary—

(a)to safeguard any key watercourse against damage, or

(b)to secure that the efficiency of any key watercourse for flood defence purposes is not impaired and that the risk of flooding is not otherwise increased,

by reason of the specified work in relation to a key watercourse.

(35)In paragraph 2(2) of Schedule 5 (permission for open-ended investment companies to operate collective investment schemes) ^note, after “regulated activity” insert “ other than the activity of managing an AIF ”.

(1)Any specified work in relation to a key watercourse, and all protective works required by Cambridgeshire County Council under paragraph 33 must be constructed to the reasonable satisfaction of Cambridgeshire County Council and an officer of Cambridgeshire County Council is entitled on giving such notice as may be reasonable in the circumstances, to inspect and watch the construction of such works.

(2)The undertaker must give to Cambridgeshire County Council not less than 14 days’ notice of its intention to commence construction of any specified work in relation to a key watercourse and the undertaker must give to Cambridgeshire County Council notice of completion of a specified work in relation to a key watercourse not later than 7 days after the date on which it is brought into use.

(3)If any part of the works comprising a structure in, over or under a key watercourse is constructed otherwise than in accordance with the requirements of this Part of this Schedule, Cambridgeshire County Council may by notice require the undertaker at its own expense to comply with the requirements of this Part of this Schedule or (if the undertaker so elects and Cambridgeshire County Council in writing consents, such consent not to be unreasonably withheld) to remove, alter or pull down the work and, where removal is required, to restore the site to its former condition to such extent and within such limits as Cambridgeshire County Council reasonably requires.

(4)Subject to sub-paragraph (5) if within a reasonable period, being not less than 28 days from the date when a notice under sub-paragraph (3) is served upon the undertaker, it has failed to begin taking steps to comply with the requirements of the notice and subsequently to make reasonably expeditious progress towards their implementation, Cambridgeshire County Council may execute the works specified in the notice and any expenditure reasonably incurred by it in so doing is to be recoverable from the undertaker.

(5)In the event of any dispute as to whether sub-paragraph (3) is properly applicable to any work in respect of which notice has been served under that sub-paragraph, or as to the reasonableness of any requirement of such a notice, Cambridgeshire County Council must not, except in an emergency, exercise the powers conferred by sub-paragraph (4) until the dispute has been finally determined.

General

(36)In paragraph 2B of Schedule 6 (threshold conditions) ^note—

(1)From the commencement of the construction of any specified work until the date falling 12 months from the date of completion of the specified work (“the maintenance period”), the undertaker must maintain in good repair and condition and free from obstruction the drainage work which is situated within the limits of deviation for that specified work and on land held by the undertaker for the purposes or in connection with the specified work, whether the drainage work is constructed under this Order or is already in existence. Upon the expiry of the maintenance period, the drainage work must be maintained by the highway authority for the highway to which the specified work relates.

(2)If any such drainage work is not maintained to the reasonable satisfaction of Cambridgeshire County Council, it may by notice require the person liable for maintenance of the drainage work to maintain the drainage work, or any part of it, to such extent as Cambridgeshire County Council reasonably requires.

(3)If, within a reasonable period being not less than 28 days beginning with the date on which a notice in respect of any drainage work is served under sub-paragraph (2) on the person liable for maintenance, that person has failed to begin taking steps to comply with the reasonable requirements of the notice and has not subsequently made reasonably expeditious progress towards their implementation, Cambridgeshire County Council may do what is necessary for such compliance and may recover any expenditure reasonably incurred by it in so doing from the person liable for maintenance.

(4)In the event of any dispute as to the reasonableness of any requirement of a notice served under sub-paragraph (2) Cambridgeshire County Council must not except in a case of emergency exercise the powers of sub-paragraph (3) until the dispute has been finally determined.

(37)If by reason of the construction of any specified work or of the failure of any such work the efficiency of any ordinary watercourse for flood defence purposes is impaired, or that watercourse is otherwise damaged, so as to require remedial action, such impairment or damage must be made good by the undertaker to the reasonable satisfaction of Cambridgeshire County Council and if the undertaker fails to do so, Cambridgeshire County Council may make good the same and recover from the undertaker the expense reasonably incurred by it in doing so.

(38)

(1)The undertaker must indemnify Cambridgeshire County Council in respect of all costs, charges and expenses which it may reasonably incur or which it may sustain—

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

(b)in the inspection of the construction of a specified work in respect of a key watercourse or any protective works required by Cambridgeshire County Council under this Part of this Schedule.

(2)The maximum amount payable to Cambridgeshire County Council under sub-paragraph (1)(a) or (b) is to be the same as would have been payable to Cambridgeshire County Council in accordance with the scale of charges for pre-application advice and land drainage consent applications published on Cambridgeshire County Council’s website from time to time.

(39)

(1)Without prejudice to the other provisions of this Part of this Schedule, the undertaker must indemnify Cambridgeshire County Council from all claims, demands, proceedings or damages, which may be made or taken against, or recovered from Cambridgeshire County Council by reason of—

(a)any damage to any ordinary watercourse so as to impair its efficiency for flood defence purposes,

(b)any raising or lowering of the water table in land adjoining the works authorised by this Order or adjoining any sewers, drains and watercourses, or

(c)any flooding or increased flooding of any such lands,

which is caused by, or results from, the construction of any specified work or any act or omission of the undertaker, its contractors, agents or employees whilst engaged upon the work.

(2)Cambridgeshire County Council must give to the undertaker reasonable notice of any such claim or demand and no settlement or compromise of any such claim or demand is to be made without the consent of the undertaker which, if it withholds such consent, is to have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

(40)The fact that any work or thing has been executed or done in accordance with a plan approved or deemed to have been approved by Cambridgeshire County Council, or to its satisfaction, does not (in the absence of negligence on the part of Cambridgeshire County Council, its officers, contractors or agents) relieve the undertaker from any liability under the provisions of this Part of this Schedule.

(41)Any dispute arising between the undertaker and Cambridgeshire County Council under this Part of this Schedule is to be determined by arbitration.

Part 5 · For the protection of national grid

(42)For the protection of National Grid as referred to in this Part of this Schedule the following provisions have effect, unless otherwise agreed in writing between the undertaker and National Grid.

(43)In this Part of this Schedule—• “alternative apparatus” means appropriate alternative apparatus to the satisfaction of National Grid to enable National Grid to fulfil its statutory functions in a manner no less efficient than previously;• “apparatus” means mains, pipes or other apparatus belonging to or maintained by National Grid for the purposes of gas supply;• “authorised development” has the same meaning as in article 2 (interpretation)and (unless otherwise specified) for the purposes of this Part of this Schedule includes the use and maintenance 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, across, along or upon such land;• “maintain” and “maintenance” includes the ability and right to do any of the following in relation to any apparatus or alternative apparatus of National Grid including construct, use, repair, alter, inspect, renew or remove the apparatus;• “National Grid” means National Grid Gas PLC (Company No. 200600) whose registered office is at 1-3 Strand, London, WC2N 5EH;• “plan” or “plans” include all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe and assess the works to be executed; and• “specified work” means so much of any of the authorised development that will or may be situated within 15 metres (measured in any direction) of, or which may affect, any apparatus.

(44)This Part of this Schedule does not apply to apparatus in respect of which the relations between the undertaker and National Grid are regulated by the provisions of Part 3 of the 1991 Act.

(45)Regardless of the temporary prohibition or restriction under the powers of article 14 (temporary stopping up and restriction of use of streets), National Grid is at liberty at all times to take all necessary access across any such street and to execute and do all such works and things in, upon or under any such street as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the prohibition or restriction was in that street.

(46)

(1)Regardless of any provision in this Order or anything shown on the land plans or contained in the book of reference the undertaker must not acquire any land interest or apparatus or override any easement or other interest of National Grid otherwise than by agreement (such agreement not to be unreasonably withheld).

(2)The undertaker and National Grid agree that where there is any inconsistency or duplication between the provisions set out in this Part of this Schedule relating to the relocation or removal of apparatus (including but not limited to the payment of costs and expenses relating to such relocation or removal of apparatus) and the provisions of any existing easement, rights, agreements and licences granted, used, enjoyed or exercised by National Grid as of right or other use in relation to the apparatus then the provisions in this Schedule prevail.

(47)

(1)If, in the exercise of the agreement reached in accordance with paragraph 46 or in any other authorised manner, 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 National Grid 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 National Grid in accordance with sub-paragraphs (2) to (5).

(2)If, for the purpose of executing any works comprised in the authorised development in, on, under or over any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, it must give to National Grid 56 days’ advance written notice of that requirement, together with a plan 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 National Grid reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to National Grid to their satisfaction (taking into account paragraph 48(1)) the necessary facilities and rights for—

(a)the construction of alternative apparatus in other land of the undertaker; and

(b)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, National Grid must, on receipt of a written notice to that effect from the undertaker, take such steps as are reasonable in the circumstances in an endeavour to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed save that this obligation does not extend to the requirement for National Grid to use its compulsory purchase powers to this end unless it elects to so do.

(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 National Grid and the undertaker.

(5)National Grid must, after the alternative apparatus to be provided or constructed has been agreed, and subject to the grant to National Grid 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.

(48)

(1)Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to National Grid 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 are to be granted upon such terms and conditions as may be agreed between the undertaker and National Grid and must be no less favourable on the whole to National Grid than the facilities and rights enjoyed by it in respect of the apparatus to be removed unless agreed by National Grid.

(2)If the facilities and rights to be afforded by the undertaker and agreed with National Grid under paragraph (1) in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are less favourable on the whole to National Grid 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 in the matter must be referred to arbitration and, the arbitrator must make such provision for the payment of compensation by the undertaker to National Grid as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

(3)In respect of the appointment of an arbitrator under sub-paragraph (2), article 43 (arbitration) applies.

(49)

(1)Not less than 56 days before the commencement of any authorised development authorised by this Order that involves activities or works specified in National Grid’s “Specification for safe working in the vicinity of National Grid, High pressure Gas pipelines and associated installation requirements for third parties T/SP/SSW22” that are within the proximities described in that document to any apparatus the removal of which has not been required by the undertaker under paragraph 47(2) or otherwise, the undertaker must submit to National Grid a plan.

(2)In relation to specified work, or any works that (wherever situated) impose any load directly upon any apparatus, the plan to be submitted to National Grid under sub-paragraph (1) must show—

(a)the exact position of the works;

(b)the level at which these are proposed to be constructed or renewed;

(c)the manner of their construction or renewal including details of excavation, positioning of plant etc.;

(d)the position of all apparatus;

(e)by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus;

(f)intended maintenance regimes; and

(g)details of any ground monitoring scheme (if required in accordance with National Grid’s “Specification for safe working in the vicinity of National Grid, High pressure Gas pipelines and associated installation requirements for third parties T/SP/SSW22”).

(3)The undertaker must not commence any works to which sub-paragraph (2) applies until National Grid has given written approval of the plan so submitted.

(4)Any approval of National Grid required under sub-paragraph (3)—

(a)may be given subject to reasonable conditions for any purpose mentioned in sub-paragraph (5) or (7);

(b)must not be unreasonably withheld.

(5)In relation to a work to which sub-paragraphs (1) and (2) applies, National Grid may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing its system against interference or risk of damage or for the purpose of providing or securing proper and convenient means of access to any apparatus.

(6)Works executed under sub-paragraphs (1) or (2) must be executed only in accordance with the plan, submitted under sub-paragraph (1) or as relevant sub-paragraph (2), as amended from time to time by agreement between the undertaker and National Grid and in accordance with such reasonable requirements as may be made in accordance with sub-paragraphs (4), (5), (7) or (8) by National Grid for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and National Grid is entitled to watch and inspect the execution of those works.

(7)Where National Grid requires protective works to be carried out either by themselves or by the undertaker (whether of a temporary or permanent nature) such protective works must be carried out to National Grid’s satisfaction prior to the commencement of any authorised development (or any relevant part of it) and National Grid must give 56 days’ notice of such works from the date of submission of a plan in line with sub-paragraph (1) or (2) (except in an emergency).

(8)If National Grid in accordance with sub-paragraph (5) or (7) 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 42 to 44 and 47 to 48 apply as if the removal of the apparatus had been required by the undertaker under paragraph 47(2).

(9)Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of any 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.

(10)The undertaker is not required to comply with sub-paragraph (1) where it needs to carry out emergency works as defined in the 1991 Act but in that case it must give to National Grid notice as soon as is reasonably practicable and a plan of those works and must—

(a)comply with sub-paragraph (5), (6) and (7) in so far as is reasonably practicable in the circumstances; and

(b)comply with sub-paragraph (11) at all times.

(11)At all times when carrying out any works authorised under the Order comply with National Grid’s policies for safe working in proximity to gas apparatus “Specification for safe working in the vicinity of National Grid, High pressure Gas pipelines and associated installation requirements for third parties T/SP/SSW22” and the Health and Safety Executive’s “HS(~G)47 Avoiding Danger from underground services”.

(50)

(1)Subject to the following provisions of this paragraph, the undertaker must pay to National Grid on demand all charges, costs and expenses reasonably anticipated or incurred by National Grid in, or in connection with, the inspection, removal, relaying or replacing, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any such works as are referred to in this Part of this Schedule including without limitation—

(a)any costs reasonably incurred or compensation properly paid in connection with the acquisition of rights or the exercise of statutory powers for such apparatus including without limitation in the event that National Grid elects to use compulsory purchase powers to acquire any necessary rights under paragraph 47(3) all costs incurred as a result of such action;

(b)in connection with the cost of the carrying out of any diversion work or the provision of any alternative apparatus;

(c)the cutting off of any apparatus from any other apparatus or the making safe of redundant apparatus;

(d)the approval of plans;

(e)the carrying out of protective works, plus a capitalised sum to cover the cost of maintaining and renewing permanent protective works;

(f)the survey of any land, apparatus or works, the inspection and monitoring of works or the installation or removal of any temporary works reasonably necessary in consequence of the execution of any such works referred to in this Part of this Schedule.

(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 and which is not re-used as part of the alternative apparatus, 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 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 settled by arbitration in accordance with article 43 (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 National Grid by virtue of sub-paragraph (1) is to be reduced by the amount of that excess except where it is not possible in the circumstances to obtain the existing type of operations, capacity, dimensions or place at the existing depth in which case full costs are to be borne by the undertaker.

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

(a)an extension of apparatus to a length greater than the length of existing apparatus 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 National Grid 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 National Grid any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, must be reduced by the amount which represents that benefit.

(51)

(1)Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any works authorised by this Part of this Schedule or in consequence of the construction, use, maintenance or failure of any of the authorised development by or on behalf of the undertaker or in consequence of any act or default of the undertaker (or any person employed or authorised by him) in the course of carrying out such works (including without limitation works carried out by the undertaker under this Part of this Schedule or any subsidence resulting from any of these works), any material 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 National Grid, or there is any interruption in any service provided, or in the supply of any goods, by National Grid, or National Grid becomes liable to pay any amount to any third party, the undertaker must—

(a)bear and pay on demand the cost reasonably incurred by National Grid in making good such damage or restoring the supply; and

(b)indemnify National Grid for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from National Grid, by reason or in consequence of any such damage or interruption or National Grid becoming liable to any third party as aforesaid.

(2)The fact that any act or thing may have been done by National Grid on behalf of the undertaker or in accordance with a plan approved by National Grid or in accordance with any requirement of National Grid as a consequence of the authorised development or under its supervision does not (unless sub-paragraph (3) applies) excuse the undertaker from liability under the provisions of sub-paragraph (1) unless National Grid fails to carry out and execute the works properly with due care and attention and in a skilful and professional manner or in a manner that does not materially accord with the approved plan or as otherwise agreed between the undertaker and National Grid.

(3)Nothing in sub-paragraph (1) imposes any liability on the undertaker in respect of any damage or interruption to the extent that it is attributable to the neglect or default of National Grid, its officers, servants, contractors or agents.

(4)National Grid must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise is to be made without first consulting the undertaker and considering their representations.

(5)National Grid must use its reasonable endeavours to mitigate in whole or in part and to minimise any costs, expenses, loss, demands, and penalties to which the indemnity under this paragraph applies. If reasonably requested to do so by the undertaker, National Grid must provide an explanation of how the claim has been minimised. The undertaker is only liable under this paragraph for costs and expenses properly incurred by National Grid.

(52)National Grid and the undertaker must each use their best endeavours to co-ordinate with the other party on the timing and method of execution of any works carried out under the Order or this Part of this Schedule 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 the other party’s operations.

(53)If in consequence of the agreement reached in accordance with paragraph 46(1) or the powers granted under this Order the access to any apparatus is materially obstructed, the undertaker must provide such alternative means of access to such apparatus as will enable National Grid to maintain or use the apparatus no less effectively than was possible before such obstruction.

(54)Any difference or dispute arising between the undertaker and National Grid under this Part of this Schedule, unless otherwise agreed in writing between the undertaker and National Grid, must be determined by arbitration in accordance with article 43 (arbitration).

Part 6 · For the protection of railway interests

(55)The following provisions of this Part of this Schedule have effect, unless otherwise agreed in writing between the undertaker and Network Rail and, in the case of paragraph 69, any other person on whom rights or obligations are conferred by that paragraph.

(56)In this Part of this Schedule—• “construction” includes execution, placing, alteration and reconstruction and “construct” and “constructed” have corresponding meanings;• “the engineer” means an engineer appointed by Network Rail for the purposes of this Order;• “network licence” means the network licence, as the same is amended from time to time, granted to Network Rail Infrastructure Limited by the Secretary of State in exercise of his powers under section 8 of the Railways Act 1993;• “Network Rail” means Network Rail Infrastructure Limited (company number 02904587, whose registered office is at 1 Eversholt Street, London, NW1 2DN) and any associated company of Network Rail Infrastructure Limited which holds property for railway purposes, and for the purpose of this definition “associated company” means any company which is (within the meaning of section 1159 of the Companies Act 2006) the holding company of Network Rail Infrastructure Limited, a subsidiary of Network Rail Infrastructure Limited or another subsidiary of the holding company of Network Rail Infrastructure Limited;• “plans” includes sections, designs, design data, software, drawings, specifications, soil reports, calculations, descriptions (including descriptions of methods of construction), staging proposals, programmes and details of the extent, timing and duration of any proposed occupation of railway property;• “protective works” means any works specified by the engineer under paragraph 59(4);• “railway operational procedures” means procedures specified under any access agreement (as defined in the Railways Act 1993) or station lease;• “railway property” means any railway belonging to Network Rail and—(a) any station, land, works, apparatus and equipment belonging to Network Rail or connected with any such railway; and(b) any easement or other property interest held or used by Network Rail for or connected with the purposes of such railway or works, apparatus or equipment; and• “specified work” means so much of any of the authorised development as is or is to be situated upon, across, under, over or within 15 metres of, or may in any way adversely affect, railway property.

(57)

(1)Where under this Part of this Schedule Network Rail is required to give its consent or approval in respect of any matter, that consent or approval is subject to the condition that Network Rail complies with any relevant railway operational procedures and any obligations under its network licence or under statute.

(2)In so far as any specified work or the acquisition or use of railway property or rights over railway property is or may be subject to railway operational procedures, Network Rail must—

(a)co-operate with the undertaker with a view to avoiding undue delay and securing conformity as between any plans approved by the engineer and requirements emanating from those procedures; and

(b)use its reasonable endeavours to avoid any conflict arising between the application of those procedures and the proper implementation of the authorised development under this Order.

(58)

(1)The undertaker must not exercise the powers conferred by articles 13 (permanent stopping up of streets and private means of access), 14 (temporary stopping up and restriction of use of streets), 15 (access to works), 17 (discharge of water), 18 (protective works to buildings), 19 (authority to survey and investigate land), 20 (compulsory acquisition of land), 23 (compulsory acquisition of rights), 24 (public rights of way), 25 (private rights over land), 27 (acquisition of subsoil or airspace only), 28 (acquisition of part of certain properties), 29 (rights under or over streets), 30 (temporary use of land for carrying out the authorised development), 31 (temporary use of land for maintaining the authorised development), 32 (statutory undertakers), 36 (felling or lopping of trees and removal of hedgerows) and 37 (trees subject to tree preservation orders) or the powers conferred by section 11(3) (powers of entry) of the 1965 Act or the 1981 Act as applied by this Order in respect of any railway property unless the exercise of such powers is with the consent of Network Rail.

(2)The undertaker must not in the exercise of the powers conferred by this Order prevent pedestrian or vehicular access to any railway property, unless preventing such access is with the consent of Network Rail.

(3)The undertaker must not exercise the powers conferred by sections 271 (extinguishment of rights of statutory undertakers: preliminary notices) or 272 (extinguishment of rights of telecommunications code system operators: preliminary notices) of the 1990 Act or article 32 (statutory undertakers), in relation to any right of access of Network Rail to railway property, but such right of access may be diverted with the consent of Network Rail.

(4)The undertaker must not under the powers of this Order acquire or use or acquire new rights over any railway property except with the consent of Network Rail.

(5)Where Network Rail is asked to give its consent under this paragraph, such consent must not be unreasonably withheld but may be given subject to reasonable conditions.

(59)

(1)The undertaker must before commencing construction of any specified work supply to Network Rail proper and sufficient plans of that work for the reasonable approval of the engineer and the specified work must not be commenced except in accordance with such plans as have been approved in writing by the engineer or settled by arbitration.

(2)The approval of the engineer under sub-paragraph (1) must not be unreasonably withheld, and if by the end of the period of 28 days beginning with the date on which such plans have been supplied to Network Rail the engineer has not intimated disapproval of those plans and the grounds of disapproval the undertaker may serve upon the engineer written notice requiring the engineer to intimate approval or disapproval within a further period of 28 days beginning with the date upon which the engineer receives written notice from the undertaker. If by the expiry of the further 28 days the engineer has not intimated approval or disapproval, the engineer is to be deemed to have approved the plans as submitted.

(3)If by the end of the period of 28 days beginning with the date on which written notice was served upon the engineer under sub-paragraph (2), Network Rail gives notice to the undertaker that Network Rail desires itself to construct any part of a specified work which in the opinion of the engineer will or may affect the stability of railway property or the safe operation of traffic on the railways of Network Rail then, if the undertaker desires such part of the specified work to be constructed, Network Rail must construct it without unnecessary delay on behalf of and to the reasonable satisfaction of the undertaker in accordance with the plans approved or deemed to be approved or settled under this paragraph, and under the supervision (where appropriate and if given) of the undertaker.

(4)When signifying his approval of the plans the engineer may specify any protective works (whether temporary or permanent) which in the engineer’s opinion should be carried out before the commencement of the construction of a specified work to ensure the safety or stability of railway property or the continuation of safe and efficient operation of the railways of Network Rail or the services of operators using those railways (including any relocation de-commissioning and removal of works, apparatus and equipment necessitated by a specified work and the comfort and safety of passengers who may be affected by the specified works), and such protective works as may be reasonably necessary for those purposes must be constructed by Network Rail or by the undertaker, if Network Rail so desires, and such protective works must be carried out at the expense of the undertaker in either case without unnecessary delay and the undertaker must not commence the construction of the specified works until the engineer has notified the undertaker that the protective works have been completed to his reasonable satisfaction.

(60)

(1)Any specified work and any protective works to be constructed by virtue of paragraph 59(4) must, when commenced, be constructed—

(a)without unnecessary delay in accordance with the plans approved or deemed to have been approved or settled under paragraph 59;

(b)under the supervision (where appropriate and if given) and to the reasonable satisfaction of the engineer;

(c)in such manner as to cause as little damage as is possible to railway property; and

(d)so far as is reasonably practicable, so as not to interfere with or obstruct the free, uninterrupted and safe use of any railway of Network Rail or the traffic on it and the use by passengers of railway property.

(2)If any damage to railway property or any such interference or obstruction is caused by the carrying out of, or in consequence of the construction of a specified work or a protective work, the undertaker must, regardless of any such approval, make good such damage and must pay to Network Rail all reasonable expenses to which Network Rail may be put and compensation for any loss which it may sustain by reason of any such damage, interference or obstruction.

(3)Nothing in this Part of this Schedule imposes any liability on the undertaker with respect to any damage, costs, expenses or loss attributable to the negligence of Network Rail or its servants, contractors or agents or any liability on Network Rail with respect of any damage, costs, expenses or loss attributable to the negligence of the undertaker or its servants, contractors or agents.

(61)The undertaker must—

(a)at all times afford reasonable facilities to the engineer for access to a specified work or a protective work during its construction; and

(b)supply the engineer with all such information as the engineer may reasonably require with regard to a specified work or a protective work or the method of constructing it.

(62)Network Rail must at all times afford reasonable facilities to the undertaker and its agents for access to any works carried out by Network Rail under this Part of this Schedule during their construction and must supply the undertaker with such information as it may reasonably require with regard to such works or the method of constructing them.

(63)

(1)If any permanent or temporary alterations or additions to railway property, are reasonably necessary in consequence of the construction of a specified work or a protective work, or during a period of 24 months after the completion of that work in order to ensure the safety of railway property or the continued safe operation of the railway of Network Rail, such alterations and additions may be carried out by Network Rail and if Network Rail gives to the undertaker reasonable notice of its intention to carry out such alterations or additions (which must be specified in the notice), the undertaker must pay to Network Rail the reasonable cost of those alterations or additions including, in respect of any such alterations and additions as are to be permanent, a capitalised sum representing the increase of the costs which may be expected to be reasonably incurred by Network Rail in maintaining, working and, when necessary, renewing any such alterations or additions.

(2)If during the construction of a specified work or a protective work by the undertaker, Network Rail gives notice to the undertaker that Network Rail desires itself to construct that part of the specified work or the protective work which in the opinion of the engineer is endangering the stability of railway property or the safe operation of traffic on the railways of Network Rail then, if the undertaker decides that part of the specified work or the protective work is to be constructed, Network Rail must assume construction of that part of the specified work or the protective work and the undertaker must, regardless of any such approval of a specified work or a protective work under paragraph 59(3), pay to Network Rail all reasonable expenses to which Network Rail may be put and compensation for any loss which it may suffer by reason of the execution by Network Rail of that specified work or protective work.

(3)The engineer must, in respect of the capitalised sums referred to in this paragraph and paragraph 64(a) provide such details of the formula by which those sums have been calculated as the undertaker may reasonably require.

(4)If the cost of maintaining, working or renewing railway property is reduced in consequence of any such alterations or additions a capitalised sum representing such saving must be set off against any sum payable by the undertaker to Network Rail under this paragraph.

(64)The undertaker must repay to Network Rail all reasonable fees, costs, charges and expenses reasonably incurred by Network Rail—

(a)in constructing any part of a specified work on behalf of the undertaker as provided by paragraph 59(3) or in constructing any protective works under the provisions of paragraph 59(4) including, in respect of any permanent protective works, a capitalised sum representing the cost of maintaining and renewing those works;

(b)in respect of the approval by the engineer of plans submitted by the undertaker and the supervision by the engineer of the construction of a specified work or a protective work;

(c)in respect of the employment or procurement of the services of any inspectors, signallers, watchkeepers and other persons whom it is reasonably necessary to appoint for inspecting, signalling, watching and lighting railway property and for preventing, so far as may be reasonably practicable, interference, obstruction, danger or accident arising from the construction or failure of a specified work or a protective work;

(d)in respect of any special traffic working resulting from any speed restrictions which may in the opinion of the engineer, require to be imposed by reason or in consequence of the construction or failure of a specified work or a protective work or from the substitution of diversion of services which may be reasonably necessary for the same reason; and

(e)in respect of any additional temporary lighting of railway property in the vicinity of the specified works, being lighting made reasonably necessary by reason or in consequence of the construction or failure of a specified work or a protective work.

(65)

(1)In this paragraph—• “EMI” means, subject to sub-paragraph (2), electromagnetic interference with Network Rail apparatus generated by the operation of the authorised development where such interference is of a level which adversely affects the safe operation of Network Rail’s apparatus; and• “Network Rail’s apparatus” means any lines, circuits, wires, apparatus or equipment (whether or not modified or installed as part of the authorised development) which are owned or used by Network Rail for the purpose of transmitting or receiving electrical energy or of radio, telegraphic, telephonic, electric, electronic or other like means of signalling or other communications.

(2)This paragraph applies to EMI only to the extent that such EMI is not attributable to any change to Network Rail’s apparatus carried out after approval of plans under paragraph 59(1) for the relevant part of the authorised development giving rise to EMI (unless the undertaker has been given notice in writing before the approval of those plans of the intention to make such change).

(3)Subject to sub-paragraph (5), the undertaker must in the design and construction of the authorised development take all measures necessary to prevent EMI and must establish with Network Rail (both parties acting reasonably) appropriate arrangements to verify their effectiveness.

(4)In order to facilitate the undertaker’s compliance with sub-paragraph (3)—

(a)the undertaker must consult with Network Rail as early as reasonably practicable to identify all Network Rail’s apparatus which may be at risk of EMI, and thereafter must continue to consult with Network Rail (both before and after formal submission of plans under paragraph 59(1)) in order to identify all potential causes of EMI and the measures required to eliminate them;

(b)Network Rail must make available to the undertaker all information in the possession of Network Rail reasonably requested by the undertaker in respect of Network Rail’s apparatus identified under sub-paragraph (a); and

(c)Network Rail must allow the undertaker reasonable facilities for the inspection of Network Rail’s apparatus identified under sub-paragraph (a).

(5)In any case where it is established that EMI can only reasonably be prevented by modifications to Network Rail’s apparatus, Network Rail must not withhold its consent unreasonably to modifications of Network Rail’s apparatus, but the means of prevention and the method of their execution must be selected in the reasonable discretion of Network Rail, and in relation to such modifications paragraph 59(1) have effect subject to this sub-paragraph.

(6)If at any time prior to the completion of the authorised development and regardless of any measures adopted under sub-paragraph (3), the testing or commissioning of the authorised development causes EMI then the undertaker must immediately upon receipt of notification by Network Rail of such EMI either in writing or communicated orally (such oral communication to be confirmed in writing as soon as reasonably practicable after it has been issued) cease to use (or procure the cessation of use of) the undertaker’s apparatus causing such EMI until all measures necessary have been taken to remedy such EMI by way of modification to the source of such EMI or (in the circumstances, and subject to the consent, specified in sub-paragraph (5)) to Network Rail’s apparatus.

(7)In the event of EMI having occurred—

(a)the undertaker must afford reasonable facilities to Network Rail for access to the undertaker’s apparatus in the investigation of such EMI;

(b)Network Rail must afford reasonable facilities to the undertaker for access to Network Rail’s apparatus in the investigation of such EMI; and

(c)Network Rail must make available to the undertaker any additional material information in its possession reasonably requested by the undertaker in respect of Network Rail’s apparatus or such EMI.

(8)Where Network Rail approves modifications to Network Rail’s apparatus under sub-paragraphs (5) or (6)—

(a)Network Rail must allow the undertaker reasonable facilities for the inspection of the relevant part of Network Rail’s apparatus; and

(b)any modifications to Network Rail’s apparatus approved under those sub-paragraphs must be carried out and completed by the undertaker in accordance with paragraph 60.

(9)To the extent that it would not otherwise do so, the indemnity in paragraph 69(1) applies to the costs and expenses reasonably incurred or losses suffered by Network Rail through the implementation of the provisions of this paragraph (including costs incurred in connection with the consideration of proposals, approval of plans, supervision and inspection of works and facilitating access to Network Rail’s apparatus) or in consequence of any EMI to which sub-paragraph (6) applies.

(10)For the purpose of paragraph 64(a) any modifications to Network Rail’s apparatus under this paragraph are deemed to be protective works referred to in that paragraph.

(11)In relation to any dispute arising under this paragraph the reference in article 43 (arbitration) to the Institution of Civil Engineers is to be read as a reference to the Institution of Engineering and Technology.

(66)If at any time after the completion of a specified work or a protective work, not being a work vested in Network Rail, Network Rail gives notice to the undertaker informing it that the state of maintenance of any part of the specified work or the protective work appears to be such as adversely affects the operation of railway property, the undertaker must, on receipt of such notice, take such steps as may be reasonably necessary to put that specified work or that protective work in such state of maintenance as not adversely to affect railway property.

(67)The undertaker must not provide any illumination or illuminated sign or signal on or in connection with a specified work or a protective work in the vicinity of any railway belonging to Network Rail unless it has first consulted Network Rail and it must comply with Network Rail’s reasonable requirements for preventing confusion between such illumination or illuminated sign or signal and any railway signal or other light used for controlling, directing or securing the safety of traffic on the railway.

(68)Any additional expenses which Network Rail may reasonably incur in altering, reconstructing or maintaining railway property under any powers existing at the making of this Order by reason of the existence of a specified work or a protective work must, provided that 56 days’ previous notice of the commencement of such alteration, reconstruction or maintenance has been given to the undertaker, be repaid by the undertaker to Network Rail.

(69)

(1)The undertaker must pay to Network Rail all reasonable costs, charges, damages and expenses not otherwise provided for in this Part of this Schedule which may be occasioned to or reasonably incurred by Network Rail—

(a)by reason of the construction or maintenance of a specified work or a protective work or the failure of it; or

(b)by reason of any act or omission of the undertaker or of any person in its employ or of its contractors or others whilst engaged upon a specified work or a protective work,

and the undertaker must indemnify and keep indemnified Network Rail from and against all claims and demands arising out of or in connection with a specified work or a protective work or any such failure, act or omission: and the fact that any act or thing may have been done by Network Rail on behalf of the undertaker or in accordance with plans approved by the engineer or in accordance with any requirement of the engineer or under his supervision will not (if it was done without negligence on the part of Network Rail or of any person in its employ or of its contractors or agents) excuse the undertaker from any liability under the provisions of this sub-paragraph.

(2)Network Rail must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise of such a claim or demand is to be made without the prior consent of the undertaker.

(3)The sums payable by the undertaker under sub-paragraph (1) may include a sum equivalent to the relevant costs.

(4)Subject to the terms of any agreement between Network Rail and a train operator regarding the timing or method of payment of the relevant costs in respect of that train operator, Network Rail must promptly pay to each train operator the amount of any sums which Network Rail receives under sub-paragraph (3) which relates to the relevant costs of that train operator.

(5)The obligation under sub-paragraph (3) to pay Network Rail the relevant costs will, in the event of default, be enforceable directly by any train operator concerned to the extent that such sums would be payable to that operator under sub‑paragraph (4).

(6)In this paragraph—• “the relevant costs” means the costs, direct losses and expenses (including loss of revenue) reasonably incurred by each train operator as a consequence of any restriction of the use of Network Rail’s railway network as a result of the construction, maintenance or failure of a specified work or a protective work or any such act or omission as mentioned in sub-paragraph (1); and• “train operator” means any person who is authorised to act as the operator of a train by a licence under section 8 of the Railways Act 1993.

(70)Network Rail must, on receipt of a request from the undertaker, from time to time provide the undertaker free of charge with written estimates of the costs, charges, expenses and other liabilities for which the undertaker is or will become liable under this Schedule (including the amount of the relevant costs mentioned in paragraph 69) and with such information as may reasonably enable the undertaker to assess the reasonableness of any such estimate or claim made or to be made under this Part of this Schedule (including any claim relating to those relevant costs).

(71)In the assessment of any sums payable to Network Rail under this Part of this Schedule there must not be taken into account any increase in the sums claimed that is attributable to any action taken by or any agreement entered into by Network Rail if that action or agreement was not reasonably necessary and was taken or entered into with a view to obtaining the payment of those sums by the undertaker under this Part of this Schedule or increasing the sums so payable.

(72)The undertaker and Network Rail may, subject in the case of Network Rail to compliance with the terms of its network licence, enter into, and carry into effect, agreements for the transfer to the undertaker of—

(a)any railway property shown on the works plans and the land plans and described in the book of reference;

(b)any lands, works or other property held in connection with any such railway property; and

(c)any rights and obligations (whether or not statutory) of Network Rail relating to any railway property or any lands, works or other property referred to in this paragraph.

(73)Nothing in this Order, or in any enactment incorporated with or applied by this Order, prejudices or affects the operation of Part 1 of the Railways Act 1993.

(74)The undertaker must give written notice to Network Rail if any application is proposed to be made by the undertaker for the Secretary of State’s consent, under article 9 (consent to transfer benefit of Order) and any such notice must be given no later than 28 days before any such application is made and must describe or give (as appropriate)—

(a)the nature of the application to be made;

(b)the extent of the geographical area to which the application relates; and

(c)the name and address of the person acting for the Secretary of State to whom the application is to be made.

(75)The undertaker must no later than 28 days from the date that the documents submitted to and certified by the Secretary of State in accordance with article 41 (certification of plans) are certified by the Secretary of State, provide a set of those documents to Network Rail in the form of a computer disc with read only memory.

Part 7 · For the protection of anglian water

(76)For the protection of Anglian Water Services Limited, the following provisions shall, unless otherwise agreed in writing between the undertaker and Anglian Water Services Limited, have effect.

(77)In this Part of this Schedule—• “Anglian Water” means Anglian Water Services Limited, company number 02366656, whose registered office is at Lancaster House, Lancaster Way, Ermine Business Park, Huntingdon, Cambridgeshire PE29 6YJ;• “apparatus” means any works, mains, pipes or other apparatus belonging to or maintained by Anglian Water for the purposes of water supply and sewerage and—(a) any drain or works vested in Anglian Water under the Water Industry Act 1991; and(b) any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) of the Water Industry Act 1991 or an agreement to adopt made under section 104 of that Act,and includes a sludge main, disposal main or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any sewer, drain, or works (within the meaning of section 219 of that Act) and any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;• “alternative apparatus” means alternative apparatus adequate to enable Anglian Water to fulfil its statutory functions in not less efficient a manner than previously;• “functions” includes powers and duties;• “in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over or upon land;• “plan” includes sections, drawings, specifications and method statements; and• “the standard protection strips” means strips of land falling the following distances to either side of the medial line of any relevant pipe or apparatus—(a) 2.25 metres where the diameter of the pipe is less than 150 millimetres;(b) 3 metres where the diameter of the pipe is between 150 and 450 millimetres;(c) 4.5 metres where the diameter of the pipe is between 450 and 750 millimetres; and(d) 6 metres where the diameter of the pipe exceeds 750 millimetres.

(78)The undertaker must not interfere with, build over or near to any apparatus within the Order land or execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or execute any filling around the apparatus (where the apparatus is laid in a trench) within the standard protection strips unless otherwise agreed in writing with Anglian Water, such agreement not to be unreasonably withheld or delayed, and such provision being brought to the attention of any agent or contractor responsible for carrying out any part of the authorised development on behalf of the undertaker.

(79)The alteration, extension, removal or re-location of any apparatus shall not be implemented until—

(a)any requirement for any permits under the Environmental Permitting Regulations 2010 or other legislation and any other associated consents are obtained, and any approval or agreement required from Anglian Water on alternative outfall locations as a result of such re-location are approved, such approvals from Anglian Water not to be unreasonably withheld or delayed; and

(b)the undertaker has made the appropriate application under sections 106 (right to communicate with public sewers), 112 (requirement that proposed drain or sewer be constructed so as to form part of a general system) or 185 (duty to move pipes, etc.) of the Water Industry Act 1991 as may be required by those provisions and has provided a plan and section of the works proposed to Anglian Water and Anglian Water has given the necessary consent or approval under those provisions, such agreement not to be unreasonably withheld or delayed,

and such works are to be executed only in accordance with the plan, section and description submitted and in accordance with such reasonable requirements as may be made by Anglian Water for the alteration or otherwise for the protection of the apparatus, or for securing access to it.

(80)In the situation, where in exercise of the powers conferred by the Order, the undertaker acquires any interest in any land in which any apparatus is placed and such apparatus is to be relocated, extended, removed or altered in any way, no alteration or extension shall take place until Anglian Water has established to its reasonable satisfaction contingency arrangements in order to conduct its functions for the duration of the works to relocate, extend, remove or alter the apparatus.

(81)Regardless of any provision in this Order or anything shown on any plan, the undertaker must not acquire any apparatus otherwise than by agreement, and before extinguishing any existing rights for Anglian Water to use, keep, inspect, renew and maintain its apparatus in the Order land, the undertaker must, with the agreement of Anglian Water, create a new right to use, keep, inspect, renew and maintain the apparatus that is reasonably convenient for Anglian Water, such agreement not to be unreasonably withheld or delayed.

(82)If in consequence of the exercise of the powers conferred by the Order the access to any apparatus is materially obstructed the undertaker shall provide such alternative means of access to such apparatus as will enable Anglian Water to maintain or use the apparatus no less effectively than was possible before such obstruction.

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

(84)If for any reason or in consequence of the construction of any of the works referred to in paragraphs 78 to 80 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 Anglian Water, or there is any interruption in any service provided, or in the supply of any goods, by Anglian Water, the undertaker must—

(a)bear and pay the cost reasonably incurred by Anglian Water in making good any damage or restoring the supply; and

(b)make reasonable compensation to Anglian Water for any other expenses, loss, damages, penalty or costs incurred by Anglian Water,

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

(85)Any dispute arising between the undertaker and Anglian Water under this Part of this Schedule must be referred to and settled by arbitration under article 43 (arbitration).

Part 8 · For the protection of clh pipeline system (clh-ps) ltd

(86)For the protection of CLH the following provisions, unless otherwise agreed in writing at any time between the undertaker and CLH, have effect.

(87)In this Part of this Schedule—• “alternative apparatus” means alternative apparatus adequate to enable CLH to fulfil its functions as a pipe-line operator in a manner no less efficient than previously;• “apparatus” means the pipe-line and storage system owned or maintained by CLH and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;• “CLH” means CLH Pipeline System (CLH-PS) Ltd and any successor in title;• “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;• “pipe-line” means the whole or any part of a pipe-line belonging to or maintained by CLH and includes any ancillary works and apparatus; all protective wrappings, valves, sleeves and slabs, cathodic protection units, together with ancillary cables and markers; and such legal interest and benefit of property rights and covenants as are vested in CLH in respect of those items;• “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;• “specified work” means any work which will or may be situated on, over, under or within 15 metres measured in any direction of any apparatus, or (wherever situated) impose any load directly upon any apparatus or involve embankment works within 15 metres of any apparatus; and• “working day” means any day other than a Saturday, Sunday or English bank or public holiday.

(88)Irrespective of any provision in this Order or anything shown on the land plans—

(a)the undertaker must not acquire any apparatus or obstruct or render less convenient the access to any apparatus, otherwise than by agreement with CLH; and

(b)any right of CLH to maintain, repair, renew, adjust, alter or inspect any apparatus must not be extinguished by the undertaker until any necessary alternative apparatus has been constructed and is in operation to the reasonable satisfaction of CLH.

(89)

(1)If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed or over which access to any apparatus is enjoyed or requires that any apparatus is relocated or diverted, that apparatus must not be removed by the undertaker and any right of CLH to maintain and use that apparatus in that land and to gain access to it must not be extinguished until alternative apparatus has been constructed and is in operation, and access to it has been provided, to the reasonable satisfaction of CLH.

(2)If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, it must give CLH 28 days’ written notice of that requirement, together with a plan 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 CLH reasonably needs to remove any apparatus) the undertaker must, subject to sub-paragraph (3), afford to CLH 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 undertaker must afford to and, if necessary, acquire for the benefit of CLH the necessary facilities and rights (equivalent to those currently enjoyed by CLH) for the construction, maintenance and use of the alternative apparatus and access to it.

(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 CLH and the undertaker or in default of agreement settled by arbitration in accordance with article 43 (arbitration).

(5)CLH must, after the alternative apparatus to be provided or constructed has been agreed or settled in accordance with article 43, and after the grant to CLH of any such facilities and rights as are referred to in sub-paragraphs (2) and (3), proceed as soon as reasonably practicable using all reasonable endeavours 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 Schedule.

(6)Irrespective of sub-paragraph (5), if the undertaker gives notice in writing to CLH that it desires itself to execute any work, or part of any work in connection with the construction, removal or decommissioning of apparatus in the land of the undertaker or the construction of alternative apparatus, that work, instead of being executed by CLH, must be executed by the undertaker without unnecessary delay under the superintendence, if required, and to the reasonable satisfaction of CLH.

(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 3000 millimetres of the apparatus without CLH’s consent.

(90)

(1)Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to CLH 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 are to be granted upon such terms and conditions as may be agreed between the undertaker and CLH or in default of agreement settled by arbitration in accordance with article 43 (arbitration).

(2)In settling those terms and conditions in respect of alternative apparatus the arbitrator 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 or the traffic on the highway; and

(b)so far as it may be reasonable and practicable to do so in the circumstances of the particular case, give effect to the terms and conditions, if any, applicable to the apparatus for which the alternative apparatus is to be substituted.

(3)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 CLH 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 CLH as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

(91)

(1)Unless a shorter period is otherwise agreed in writing between the undertaker and CLH, not less than 28 days before commencing any specified work in relation to apparatus the removal of which has not been required by the undertaker under sub-paragraph 89(2)‎, the undertaker must submit to CLH a plan of the works to be executed.

(2)The specified work must be executed only in accordance with the plan submitted under sub-paragraph (1) and approved by CLH, and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by CLH for the alteration or otherwise for the protection of the apparatus, or for securing access to it; and CLH is entitled to watch and inspect the execution of the specified work.

(3)Any requirements made by CLH under sub-paragraph (2) must be made within a period of 14 days (unless a shorter period is otherwise agreed in writing between the undertaker and CLH) beginning with the date on which a plan under sub-paragraph (1) is submitted to it.

(4)If CLH in accordance with sub-paragraph (2) 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, this Part of this Schedule applies as if the removal of the apparatus had been required by the undertaker under sub-paragraph 89(2).

(5)Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time but (unless otherwise agreed in writing between the undertaker and CLH) in no case less than 28 days before commencing any specified work, 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.

(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 CLH notice of the works it intends to carry out to remedy the emergency together with a plan as soon as is reasonably practicable and must comply with sub-paragraph ‎(2) in so far as is reasonably practicable in the circumstances.

(7)In relation to any specified work, the plan to be submitted to CLH under sub-paragraph (1) must include a material statement describing—

(a)the exact position of the work;

(b)the level at which the work is to be constructed or renewed;

(c)the manner of its construction or renewal;

(d)the position of any apparatus; and

(e)by way of detailed drawings, every alteration proposed to be made to the apparatus.

(92)Where in the reasonable opinion of the undertaker—

(a)the authorised development might interfere with the existing cathodic protection forming part of a pipe-line; or

(b)a pipe-line might interfere with the proposed or existing cathodic protection forming part of the authorised development,

(93)

(1)Subject to the following provisions of this paragraph, the undertaker must pay to CLH the reasonable costs and expenses incurred by CLH in, or in connection with—

(a)the inspection, removal, alteration or protection of any apparatus; or

(b)the construction of any new apparatus; or

(c)the watching and inspecting the execution of any specified work; or

(d)imposing reasonable requirements for the protection or alteration of apparatus,

(2)The scrap value of any apparatus removed under the provisions of this Part of Schedule is to 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, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions (except where this has been solely due to using the nearest currently available type); 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,

(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 CLH 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 CLH 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.

which may reasonably be required in consequence of the execution of any such works as are required under this Schedule.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 43 (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 CLH by virtue of sub-paragraph (1) is reduced by the amount of that excess.

(94)

(1)Subject to the following provisions of this paragraph, the undertaker must—

(a)indemnify CLH for all loss, damage, liability, costs and expenses reasonably suffered or incurred by CLH for which CLH is legally liable as a result of legally sustainable claims brought against CLH by any third party solely arising out of the carrying out of any relevant works and any protective building works;

(b)bear on demand the cost reasonably incurred by CLH in making good any damage to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal or abandonment) arising from or caused by the carrying out of any relevant works or protective building work; and

(c)bear and pay the cost reasonably incurred by CLH in stopping, suspending and restoring the supply though its pipe-line and make reasonable compensation to CLH for any other expenses, losses, damages, penalty or costs incurred by CLH by reason or in consequence of any such damage or interruption provided that the same arises in consequence of the carrying out of any relevant works and any protective building works.

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

(3)Irrespective of anything to the contrary elsewhere in this Part of this Schedule—

(a)the undertaker and CLH must at all times take reasonable steps to prevent and mitigate any loss, damage, liability, claim, cost or expense (whether indemnified or not) which either suffers as a result of the other’s negligence or breach of this Part of this Schedule; and

(b)neither the undertaker nor CLH are liable for any loss, damage, liability, claim, cost or expense suffered or incurred by the other to the extent that the same are incurred as a result of or in connection with the sole, partial or complete breach of this Part of this Schedule or negligence arising out of an act, omission, default or works of the other, its officers, servants, contractors or agents.

(4)CLH must give to the undertaker reasonable notice of any claim or demand to which this paragraph 94 applies. The undertaker may at its own expense conduct all negotiations for the settlement of the same and any litigation that may arise therefrom. CLH must not compromise or settle any such claim or make any admission which might be prejudicial to the claim. CLH must, at the request of the undertaker, afford all reasonable assistance for the purpose of contesting any such claim or action, and is entitled to be repaid all reasonable expenses incurred in so doing.

(5)In this paragraph—• “protective building works” means the exercise by the undertaker of the powers conferred by article 18 (protective works to buildings); and• “relevant works” means such of the authorised development as—(a) does, will or is likely to affect any apparatus; or(b) involves a physical connection or attachment to any apparatus.

(95)

(1)Where in consequence of the proposed construction of any of the authorised development, the undertaker requires the removal of apparatus under this Part of this Schedule or CLH makes requirements for the protection or alteration of apparatus under this Part of this Schedule, 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 CLH’s undertaking and CLH must use its best endeavours to co-operate with the undertaker for that purpose.

(2)The undertaker and CLH must act reasonably in respect of any given term of this Part of this Schedule and, in particular, (without prejudice to generality) where any consent or expression of satisfaction is required by this Part of this Schedule it must not be unreasonably withheld or delayed.

(96)Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and CLH in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made provided that the terms of the relevant enactment or agreement are not inconsistent with the provisions of this Order, including this Part of this Schedule. In the case of any inconsistency, the provisions of this Order, including this Part of this Schedule, prevail.

Schedule 10 · Documents to be certified

Contains public sector information licensed under the Open Government Licence v3.0.