The Sizewell C (Nuclear Generating Station) Order 2022

Article 3

SCHEDULE 1Authorised Development

Sizewell C DCO Project:In the Districts of East Suffolk Council and West Suffolk Council and the County of Suffolk

A nationally significant infrastructure project as defined in sections 14 (Nationally significant infrastructure projects: general) and 15(2) (Generating stations) of the 2008 Act and associated development within the meaning of section 115(2) of the 2008 Act comprising the following development and works:

PART 1NUMBERED WORKS

Main development site: operational infrastructure and Sizewell B relocation works

Work No. 1A

An electricity generating station with a net electrical output of approximately 3,340MW power generated by two nuclear reactor units, to include—

(a)buildings, structures and plant within the ’nuclear islands’ for Units 1 and 2, including—

(i)two reactor buildings;

(ii)two fuel buildings;

(iii)two fuel building halls;

(iv)two boron storage buildings;

(v)eight safeguard buildings;

(vi)two nuclear auxiliary buildings;

(vii)two nuclear auxiliary building stacks;

(viii)two access towers;

(ix)radioactive waste storage building;

(x)radioactive waste process building;

(xi)radioactive waste treatment building;

(xii)hot laundry building;

(xiii)hot workshop, hot warehouse, facilities for decontamination;

(xiv)effluent tanks and refuelling water tanks;

(xv)four emergency diesel generator buildings and twelve associated stacks;

(xvi)two ’type 1’ cooling water discharge weir buildings; and

(xvii)two ’type 2’ cooling water discharge weir buildings;

(b)buildings, structures and plant within the ’conventional islands’ for Units 1 and 2, including—

(i)two turbine halls;

(ii)two sky bridges;

(iii)two conventional island electrical buildings;

(iv)two gas insulated switchgear buildings;

(v)two main transformer platforms;

(vi)four unit transformer platforms;

(vii)two auxiliary transformer platforms; and

(viii)six monopoles;

(c)operational service centre;

(d)four electricity transmission towers / pylons inside the powers station’s security fence and associated transmission infrastructure;

(e)buildings, structures and plant within the ’cooling water pumphouse and associated buildings’ for Units 1 and 2, including—

(i)two cooling water pumphouses;

(ii)two forebays;

(iii)two outfall pond buildings;

(iv)two filtering debris recovery pits; and

(v)two fire-fighting water distribution buildings;

(f)intermediate level waste store;

(g)interim spent fuel store;

(h)buildings, structures and plant within the ’ancillary structures’, including (but not limited to)—

(i)main access control building;

(ii)auxiliary administration building;

(iii)secondary access control building;

(iv)emergency response centre;

(v)emergency response energy centre;

(vi)meteorological station;

(vii)demineralisation station;

(viii)valve room for the demineralisation station;

(ix)auxiliary boilers;

(x)hydrogen storage;

(xi)oxygen storage;

(xii)hydrazine storage;

(xiii)chlorination plant;

(xiv)service ventilation building;

(xv)raw water & potable water storage/supply building;

(xvi)degassed water storage tanks;

(xvii)cooling water discharge shaft;

(xviii)chemical products storage;

(xix)garage for handling materials;

(xx)oil & grease storage;

(xxi)contaminated tools store;

(xxii)warehouse;

(xxiii)sewage treatment plant;

(xxiv)conventional island water tanks;

(xxv)nuclear island water tank;

(xxvi)conventional waste storage;

(xxvii)transit area for very low and low level waste;

(xxviii)service access buildings;

(xxix)battery load banks;

(xxx)interim spent fuel store equipment storage building; and

(xxxi)emergency equipment store.

(i)132kV substation and associated compound;

(j)off-site delivery check point, associated buildings, structures and plant;

(k)permanent vehicular and pedestrian bridge over Sizewell Marshes SSSI, preceded by a temporary crossing.

(l)permanent beach landing facility;

(m)soft coastal defence feature;

(n)permanent hard coastal defence feature, preceded by a temporary hard coastal defence feature;

(o)buildings, structures and plant, including a new National Grid substation building, plant, equipment and apparatus, alterations to the existing National Grid substation building, plant, equipment and apparatus, and associated diversion of transmission infrastructure;

(p)one electricity transmission tower /pylon outside the power station’s security fence, and associated transmission infrastructure including overhead line conductors;

(q)770 permanent operational parking spaces and 600 outage parking spaces;

(r)removal of an existing transmission tower / pylon and associated transmission infrastructure;

(s)realignment of Sizewell Drain and associated works;

(t)perimeter below-ground cut off-wall, including associated dewatering of the contained area;

(u)drainage outfall tunnels comprising—

(i)combined drainage outfall tunnel (continuing as Work No. 2K); and

(ii)temporary marine outfall;

(v)power station main access road;

(w)1,000 temporary car parking spaces and 75 temporary HGV parking spaces;

(x)temporary freight management facility, 80 HGV parking spaces and associated infrastructure;

(y)temporary park and ride facility, 600 associated car parking spaces, 20 bus spaces, a terminal area and associated infrastructure;

(z)temporary water resource storage area;

(aa)temporary marine bulk import facility;

(bb)improvement works to Kenton Hills Car Park to include provision of up to 15 additional parking spaces;

(cc)flood mitigation area and associated habitat;

(dd)serviced pitches for up to 400 caravans and 400 temporary car parking spaces;

(ee)bat barn;

(ff)temporary junction onto King George’s Avenue;

(gg)temporary junction onto Valley Road

(hh)temporary junction onto Lovers Lane;

(ii)temporary desalination plant and associated infrastructure;

(jj)temporary desalination plant outfall tunnel (continuing as Work No. 2O); and

(kk)temporary desalination plant intake tunnel (continuing as Work No. 2M).

The location of the above works is shown on sheet nos 1-5 and 7-8 of the Works Plans.

Work No. 1B

New permanent four arm roundabout at B1122 Abbey Road including one site access point, plus a second temporary site access point using an additional temporary arm.

The location of the above works is shown on sheet nos 1 and 8 of the Works Plans.

Work No. 1C

Works associated with Lovers Lane, to include—

(a)realignment of the junction of the B1122 Abbey Road and Lovers Lane;

(b)realignment of Lovers Lane;

(c)provision of a mammal culvert under Lovers Lane; and

(d)creation of a right turn into Leiston Household Waste Recycling Centre.

The location of the above works is shown on sheet nos 3, 7 and 8 of the Works Plans.

Work No. 1D

Works associated with the relocation of certain Sizewell B power station facilities, to include—

(a)outage store building;

(b)outage laydown area;

(c)training centre;

(d)up to 112 operational car parking spaces and access roads;

(e)up to 576 outage car parking spaces;

(f)visitor centre;

(g)administrative buildings to include workshops, civils store, office accommodation and general store;

(h)storage, canteen and welfare facilities; and

(i)outage car park access roads.

The location of the above works is shown on sheet nos 2, 4 and 5 of the Works Plans.

Work No. 1E

Works associated with the relocation of certain Sizewell B power station facilities, to include—

(a)outage store building;

(b)outage laydown area;

(c)training centre;

(d)up to 579 operational car parking spaces and access roads;

(e)visitor centre;

(f)administrative buildings to include workshops, civils store, office accommodation and general store; and

(g)storage, canteen and welfare facilities.

The location of the above works is shown on sheet nos 2, 4 and 5 of the Works Plans.

Main development site: cooling water infrastructure, drainage outfall, desalination intake and outfall infrastructure

Work No. 2A

A cooling water intake tunnel for seawater extraction, commencing at Work No. 1A and terminating at Work No. 2B, including earthworks and tunnelling (Unit 1).

Work No. 2B

Two intake heads and vertical shafts for seawater extraction including excavation and capital dredging works (Unit 1).

Work No. 2C

A second cooling water intake tunnel for seawater extraction commencing at Work No. 1A, and terminating at Work No. 2D, including earthworks and tunnelling (Unit 2).

Work No. 2D

Two intake heads and vertical shafts for seawater extraction, including excavation and capital dredging works (Unit 2).

Work No. 2E

A cooling water outfall tunnel for seawater return, commencing at Work No. 1A and terminating at Work No. 2F, including earthworks and tunnelling.

Work No. 2F

Two outfall heads and vertical shafts for seawater return including excavation and capital dredging works.

Work No. 2G

A fish return tunnel, commencing at Work No. 1A and terminating at Work No. 2H, including earthworks and tunnelling.

Work No. 2H

A fish return outfall head and vertical shaft, including excavation and capital dredging works.

Work No. 2I

A second fish return tunnel, commencing at Work No. 1A and terminating at Work No. 2J, including earthworks and tunnelling.

Work No. 2J

A second fish return outfall head and vertical shaft including excavation and capital dredging works.

Work No. 2K

A combined drainage outfall tunnel, commencing at Work No. 1A and terminating at Work No. 2L, including earthworks and tunnelling.

Work No. 2L

A combined drainage outfall head and vertical shaft, including excavation and capital dredging works.

Work No. 2M

An intake tunnel for the temporary desalination plant, commencing at Work No. 1A and terminating at Work No. 2N, including earthworks and tunnelling.

Work No. 2N

An intake head and shaft for seawater extraction for the temporary desalination plant, including excavation and capital dredging works.

Work No. 2O

An outfall tunnel for the temporary desalination plant, commencing at Work No. 1A and terminating at Work No. 2P, including earthworks and tunnelling.

Work No. 2P

Outfall tunnel diffusers and shaft for brine water return for the temporary desalination plant, including excavation and capital dredging works.

The location of the above works is shown on sheet nos 2, 4, 5 and 6 of the Works Plans.

Main development site: accommodation campus

Work No. 3

A temporary accommodation campus, to include—

(a)accommodation buildings, including up to 2,400 bed spaces, associated structures and plant, and 60 blue badge parking spaces and drop off areas;

(b)multi-storey parking area to provide up to 1,300 vehicle parking spaces, associated structures and plant;

(c)buildings, structures and plant including—

(i)welfare, administration and amenity buildings;

(ii)surface vehicle parking area to provide up to 300 parking spaces;

(iii)up to 120 motorcycle parking spaces;

(iv)up to 120 cycle parking spaces;

(v)bus stops and associated infrastructure;

(vi)campus servicing area; and

(vii)combined heat and power plant or alternative form of generation including ground or heat source pumps; and

(d)demolition/removal of any temporary structures and landscape works.

The location of the above works is shown on sheet nos 1 and 8 of the Works Plans.

Rail infrastructure

Work No. 4A

Works associated with the construction of Work No. 4B(a) (green rail route), to include—

(a)formation of new railway embankments, cuttings and all necessary earthworks (including removal of topsoil and subsoil) and associated rail infrastructure;

(b)formation of trenches and installation of utilities; drainage works including swale forming part of the sustainable drainage system;

(c)temporary realignment of Buckleswood Road;

(d)construction of a temporary automated level crossing on Buckleswood Road and associated road modifications;

(e)construction of temporary automated level crossing on B1122 Abbey Road and associated road modifications;

(f)landscaping including the provision of landscape bunds, grassed areas and other areas of proposed planting; and

(g)demolition/removal of any temporary structures and landscape works.

Work No. 4B

Temporary rail infrastructure (’green rail route’) to include—

(a)a single track railway line (approximately 4.5km in length) commencing at a new junction with the existing Saxmundham to Leiston branch line at a point approximately 500 metres east of Saxmundham Road level crossing and approximately 230 metres south of Buckle’s Wood, passing southwest to northeast and terminating within the main development site (Work No. 1A);

(b)sidings, vehicle inspection buildings, security footbridge and material handling areas; and

(c)demolition/removal of any temporary structures and landscape works.

The location of the above works is shown on sheet nos 1,2,3,7 and 8 of the Works Plans.

Work No. 4C

Works to the Saxmundham to Leiston branch line, to include—

(a)upgrades to the existing junction of the Saxmundham to Leiston branch line and the East Suffolk line including the provision of an additional crossover;

(b)track replacement; and

(c)upgrades to up to nine existing level crossings at Bratts Black House, Snowdens, Buckle’s Wood, Summerhill, Knodishall, West House, Saxmundham Road, Leiston, and Sizewell.

The location of the above works is shown on sheet nos. 3,7,9 and 10 of the Works Plans.

Work No. 4D

Temporary rail spur off the Saxmundham to Leiston branch line to provide a rail siding in land east of Eastlands Industrial Estate, to include—

(a)earthworks, including embankments, cuttings and retaining structures;

(b)railway tracks, sidings, vehicle inspection buildings and material handling areas; and

(c)demolition/removal of any temporary structures and landscape works.

The location of the above works is shown on sheet nos. 3 and 10 of the Works Plans.

Sports facilities

Work No. 5

Landscape works including one 3G Pitch and two multi-use games courts, with associated fencing and floodlighting.

The location of the above works is shown on sheet no. 11 of the Works Plans.

Fen meadows and marsh harrier habitat

Work No. 6

(Fen meadow habitat, Halesworth): Landscape and ecological works including earthworks, drainage and associated water control structures.

The location of the above works is shown at sheet no. 12 of the Works Plans.

Work No. 7

(Fen meadow habitat, Benhall): Landscape and ecological works including earthworks, drainage and associated water control structures.

The location of the above works is shown at sheet no. 13 of the Works Plans.

Work No. 18

(Fen meadow habitat, Pakenham): Landscape and ecological works including earthworks, drainage and associated water control structures.

The location of the above works is shown at sheet no. 28 of the Works Plans.

Northern park and ride

Work No. 9

(a)A temporary park and ride facility with up to 1,250 car parking spaces (excluding pick-up spaces, minibus/van/bus spaces, motorcycle spaces and bicycle spaces), to include—

(i)earthworks including ground levelling, creation of spoil bunds and temporary stockpiling; utilities trenches; surface water drainage system including infiltration basins and swales; foul water drainage system;

(ii)internal access roads;

(iii)landscape works; including the provision of ecological habitat, hardstanding, and vehicle, motorcycle and bicycle parking areas;

(iv)bus terminus area, bus stops and shelters and associated structures;

(v)buildings including amenity / welfare, administration, and security;

(vi)CCTV poles and mountings, lighting poles and fittings;

(vii)perimeter and internal fencing, signage, secured entrance gates, barriers and ecological fencing; and

(viii)demolition / removal of any temporary structures and landscape works and restoration works.

(b)Highway works including a roundabout, realignment of a section of the A12 and Willow Marsh Lane; realignment of private access track; revised kerbs, road markings, new highway signage, footways and paved areas; and site reinstatement, including landscaping and reinstatement of the existing A12 alignment following cessation of operational use of Work No 9(a).

The location of the above works is shown on sheet no. 15 of the Works Plans.

Southern park and ride

Work No. 10

(a)A temporary park and ride facility with up to 1,250 car parking spaces (excluding pick-up spaces, minibus/van/bus spaces, motorcycle spaces and bicycle spaces), to include—

(i)earthworks including ground levelling, creation of spoil bunds and temporary stockpiling; utilities trenches; surface water drainage system including pumping station and infiltration basins, swales and underground attenuation; foul water drainage system;

(ii)internal access routes;

(iii)landscape works; including the provision of ecological habitat, hardstanding, and vehicle, motorcycle and bicycle parking areas;

(iv)bus terminus area, bus stops and shelters and associated structures;

(v)traffic incident management area;

(vi)buildings including amenity / welfare, administration, and security;

(vii)CCTV poles and mountings, lighting poles and fittings;

(viii)perimeter and internal fencing, signage, secured entrance gates, barriers and ecological fencing; and

(ix)demolition / removal of any temporary structures and landscape works and restoration works.

(b)Highway works, including revised kerbs, road markings, new highways signage, to the B1078, the northbound slip road between B1078 and the A12, and the A12 northbound carriageway.

The location of the above works is shown on sheet no. 16 of the Works Plans.

Two village bypass

Work No. 11A

Works associated with the construction of Work No. 11B and Work No. 11C, to include—

(a)site preparation works including construction hoardings, perimeter enclosure, ecological fencing and security, construction related buildings, structures, plant, machinery and construction lighting;

(b)earthworks including creation of acoustic bunds, utilities trenches, surface water drainage system including balancing ponds and landscape works, including ecological works;

(c)access roads, tracks and hardstanding;

(d)construction of bridges and civil structures;

(e)highway works including kerbs, footways and paved areas;

(f)traffic signal poles and fittings;

(g)lighting poles and fittings; and

(h)perimeter fencing, ecological fencing, animal corrals, signage, gates and barriers.

Work No. 11B

A bypass of Farnham and Stratford St Andrew, to include—

(a)a road (2.4km in length) commencing at a new four-arm roundabout to the east of Parkgate Farm and Stratford Plantation and terminating at a new four-arm roundabout to replace the existing junction of the A12 with the A1094 (Friday Street), and including a bridge crossing of the River Alde;

(b)associated realignments and tie-ins of existing roads bi-sected by the bypass and other existing roads adjoining the bypass; and

(c)new and altered private means of access.

Work No. 11C

A footbridge over the bypass (Work No. 11B(a)) 150m east of Farnham Hall.

The location of the above works is shown on sheet nos 17 and 18 of the Works Plans.

Sizewell link road

Work No. 12A

Works associated with the construction of Work No. 12B, Work No. 12C and Work No. 12D, to include—

(a)site preparation works including construction hoardings, perimeter enclosure, ecological fencing and security, construction related buildings, structures, plant, machinery and construction lighting;

(b)earthworks including creation of acoustic bunds, utilities trenches, surface water drainage system including flood relief basins and landscape works, including ecological works;

(c)access roads, tracks and hardstanding;

(d)construction of bridges and civil structures;

(e)highway works including kerbs, footways and paved areas;

(f)traffic signal poles and fittings;

(g)lighting poles and fittings; and

(h)perimeter fencing, ecological fencing, animal corrals, signage, gates and barriers.

Work No. 12B

A bypass of Middleton Moor and Theberton, to include—

(a)a road (6.8km in length) commencing at a new three-arm roundabout located 180m north of The Red House Farm and terminating at a new three arm roundabout on the B1122 (west of the main development site), and including a bridge over the East Suffolk line;

(b)associated realignments and tie-ins of existing roads bi-sected by the bypass and other existing roads adjoining the bypass; and

(c)new and altered private means of access.

Work No. 12C

A motorised user bridge over Work No. 12B(a), connecting to Pretty Road on either side.

Work No. 12D

(a)A junction to Moat Road to maintain access to properties including Theberton Grange and Moat House.

(b)Realignment of the road to Theberton Grange for 300m to join George Road.

The location of the above works is shown on sheet nos. 18, 19, 20, 21 and 22 of the Works Plans.

Freight management facility

Work No. 13

(a)A temporary freight management facility with up to 154 HGV parking spaces (excluding HGV screen and search lanes, staff and visitor car parking, minibus/van/bus spaces, motorcycle spaces and bicycle spaces), to include—

(i)earthworks including ground levelling, creation of spoil bunds and temporary stockpiling; utilities trenches; surface water drainage system including infiltration system, swales and underground attenuation areas; foul water drainage system;

(ii)internal access routes;

(iii)landscape works; including the provision of ecological habitat, hardstanding, and vehicle, motorcycle and bicycle parking areas;

(iv)amenity, welfare and security buildings; and

(v)demolition / removal and site reinstatement including landscaping following cessation of operational use;

(b)Highway works to Felixstowe Road to include widening of the highway and temporary site access.

The location of the above works is shown on sheet no. 23 of the Works Plans.

Yoxford roundabout and other highway improvement works

Work No. 14A (Yoxford roundabout)

Work associated with the construction of Work No. 14B, to include—

(a)earthworks including creation of landscape planting, utilities trenches and surface water drainage system;

(b)access roads and hardstanding; and

(c)kerbs, footways and paved areas.

The location of the above works is shown on sheet no. 24 of the Works Plans.

Work No. 14B

(Yoxford roundabout): Carriageway widening and surface treatment to create a new three arm roundabout with realignment of the existing A12 and B1122 and removal of the existing A12 and B1122 ghost island junction, the location of which is shown on sheet no. 24 of the Works Plans.

Work No. 15

(A12/B1119 junction at Saxmundham): Improvements to the A12 and B1119 junction to include maintenance of vegetation along the highway boundary, alteration of the B1119 at the junction with the A12 and provision of additional or alterations to existing signage and road markings, the location of which is shown on sheet no. 25 of the Works Plans.

Work No. 16

(A1094/B1069 junction south of Knodishall): Improvements to the A1094 and B1069 junction to include maintenance of vegetation along the highway boundary and provision of additional or alterations to existing signage and road markings, the location of which is shown on sheet no. 26 of the Works Plans.

Work No. 17

(A12/A144 junction south of Bramfield): Improvements to the A12 and A144 junction to include provision of central reservation island and waiting area on the A12, widening of the A12, provision of pedestrian walkways and dropped kerbs and provision of a verge, the location of which is shown on sheet no. 27 of the Works Plans.

PART 2OTHER ASSOCIATED DEVELOPMENT

And in connection with Work No. 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18, to the extent that they do not otherwise form part of any such work, the following further works in connection with the construction, operation and maintenance of the authorised development within the Order limits, being associated development within the meaning of section 115(2) of the 2008 Act (Development for which development consent may be granted)—

(a)earthworks and excavations (including tunnelling, soil stripping and storage, site levelling, vegetation clearance, spoil screening / storage for re-use on site and remediation); provision of spoil retaining structures, bunds and ground terracing to formation levels; and site ground preparation works including land remediation, vegetation clearance and groundwater de-watering;

(b)provision, protection, diversion and relocation of surface drainage systems (including swales, ditches, culverts, outfalls, ponds, basins and water treatment and pumping); foul water drainage systems (including pipework, sewage treatment plant, pumps and outfalls); utilities, including electricity, telecommunications, water and power supplies (including substations, switchgear and transformers); cables, pipes, shafts, trenches tunnels and associated access points; and associated protective works for such infrastructure (including footbridges, barriers and grates);

(c)construction and provision of building compounds, external building plant and equipment, stacks and chimneys, access structures (including ladders, stairs and platforms) aerials and communication plant and equipment;

(d)works to create temporary or permanent landscaping (including temporary or permanent mounds); drainage and flood compensation (including flood attenuation works); finished ground levels; means of enclosure; and reinstatement/replacement of, or construction of, boundary walls and security fences (including gates and retaining walls);

(e)establishment of temporary construction areas and compounds at each Works site to include, as necessary—

(i)demolition and site clearance (including of existing buildings, vegetation, walls, fences, planters, breaking of hardstanding and other above and below ground structures);

(ii)site hoardings (including perimeter enclosures and security fencing) and provision of construction and traffic signage and notices;

(iii)temporary vehicle parking;

(iv)formation of construction vehicle access routes and provision of temporary gated or other site access routes and other works to streets;

(v)construction-related buildings, structures, facilities (including storage and manufacturing warehouse and temporary structures), plant, equipment, cranes, machinery (including concrete batching, concrete silos and construction bridges) and temporary bridges and access routes (including internal haulage routes); and

(vi)provision of construction services and utilities, including electricity, telecommunications, water and power supplies (including substations) including means of enclosure, and construction lighting;

(f)provision of permanent and temporary hard-standing areas; welfare/office accommodation, workshops and stores; secure entrances; structures and plant; site access points; security kiosks and buildings, perimeter and internal fencing; gates, barriers and bollards; vehicle and bicycle parking areas; vehicular and pedestrian access routes and internal roads; storage and handling areas; signage; CCTV poles and mountings; lighting poles and fittings; facilities and equipment for processing of excavated and construction materials; treatment enclosures; and any other temporary and permanent works required;

(g)in connection with the marine works, dredging and the provision of buoys, beacons, fenders and other navigational warning or ship impact protection works;

(h)new footpaths; walls and fencing; and planting;

(i)amenity buildings; parking areas; and associated post-operation phase work;

(j)perimeter and internal fencing (including ecological fencing where necessary); pedestrian connections; and signage; secured entrances, gates and barriers;

(k)The following works relating to highways streets and rights of way—

(i)alteration of layout of a street including widening the carriageway of a street, altering the level of any kerb footway, cycleway or verge within a street and surface treatments;

(ii)relocation and provision of street lighting;

(iii)works to place, alter, remove or maintain street furniture, transport infrastructure and apparatus, including the provision of temporary bus lay-bys;

(iv)relocation and provision of road traffic signs and markings; and

(v)diversions or modifications (both temporary and permanent) of existing vehicle and pedestrian access routes (including footpaths and cycleways) and subsequent reinstatement of existing routes, and works to create permissive rights of way;

(l)The following works relating to rail infrastructure –

(i)ramps and means of access;

(ii)traffic signs, traffic signals and road markings; and

(iii)lighting, electrical equipment and signalling works;

(m)works to trees, hedges and shrubs;

(n)habitat creation and management;

(o)permanent and temporary works for the benefit or protection of land or structures affected by the authorised development (including diversion or provision of utilities apparatus, private means of access and protective, survey and monitoring works to land, buildings and other structures);

(p)rock protection (anti-scour protection); and

(q)such other works as may be necessary or expedient for the purposes of or in connection with the construction, operation and maintenance of the authorised development which do not give rise to any materially new or materially different environmental effects from those assessed as set out in the environmental information, except that this paragraph will not apply to Work Nos. 3, 4A, 4B, 4D, 9, 10 or 13 once the decommissioning or restoration of those Works has commenced.

Article 3

SCHEDULE 2Requirements

Interpretation

1.—(1) Where, under any of the requirements, the approval or agreement of the discharging authority or another person is required—

(a)the matter which requires approval or agreement must be submitted in writing for such approval or agreement; and

(b)the approval or agreement must be given in writing.

(2) Where any requirement—

(a)refers to a scheme, drawing, document or plan, that scheme, drawing, document or plan will be taken to be the version certified by the Secretary of State under article 82 (certification of plans, etc.) of this Order or to any subsequent version of that scheme, drawing, document or plan approved by the discharging authority under a requirement; or

(b)provides that the authorised development is to be carried out in accordance with details, or a scheme, plan or other document approved by the discharging authority, the approved details, scheme, plan or other document must be taken to include any amendments or revisions subsequently approved by the discharging authority.

(3) Where an approval of details or other document is required under the terms of any requirement or where compliance with a document contains the wording “unless otherwise approved” by the discharging authority, such approval of details or of any other document (including any subsequent amendments or revisions) or approval by the discharging authority is not to be given except in relation to changes or deviations where it has been demonstrated to the satisfaction of the discharging authority that the subject matter of the approval or agreement sought does not give rise to any materially new or materially different significant environmental effects to those assessed in the environmental information.

(4) Where any requirement provides that the authorised development or any part of it is to be carried out in ‘general accordance’ with details, or a scheme, plan or other document, this means that the undertaker will carry out such work(s) in a way that is consistent with the information set out in those details, schemes, plans or other document or any subsequent version of the details, scheme, plan or document approved under a requirement.

(5) For the avoidance of doubt, the undertaker must comply with requirements 2, 3, 4, 7, 9, 10, 13, 14, 20, 25, 26 and 27 throughout the construction of the authorised development and these requirements are not triggered by commencement and these requirements apply to all material operations including those excluded from the definition of commence.

(6) Unless otherwise provided in this Order, where a requirement relates to a specific site or Work and it specifies “commencement of development”, it refers to the commencement of development on that site or in relation to that Work only.

(7) For the purposes of discharging requirements in phases, the undertaker may submit details, including a plan or plans, where appropriate, to the discharging authority identifying a part or parts of any of the sites to which each phase relates.

(8) Schedule 24 (Procedure for approvals, consents and appeals) sets out the procedures for the determination of submissions made pursuant to requirements, including requests for further information, the consultation process and the appeal procedure.

Article 2

SCHEDULE 3Land Plans

Article 2

SCHEDULE 4Works Plans

Article 2

SCHEDULE 5Rights of Way Plans

Article 2

SCHEDULE 6Parameter Plans

Article 2

SCHEDULE 7Approved Plans

PART 1MAIN DEVELOPMENT SITE AND MARINE WORKS – WORK NOS. 1, 2 AND 3

PART 2RAIL INFRASTRUCTURE – WORK NO. 4

PART 3SPORTS FACILITIES – WORK NO. 5

PART 4NORTHERN PARK AND RIDE – WORK NO. 9

PART 5SOUTHERN PARK AND RIDE – WORK NO. 10

PART 6TWO VILLAGE BYPASS – WORK NO. 11

PART 7SIZEWELL LINK ROAD – WORK NO. 12

PART 8FREIGHT MANAGEMENT FACILITY – WORK NO. 13

PART 9YOXFORD ROUNDABOUT AND OTHER HIGHWAY IMPROVEMENT WORKS – WORK NOS. 14, 15, 16 AND 17

Article 5

SCHEDULE 8Deemed approval of requirements relating to Sizewell B relocated facilities permission 1 and 2

PART 1SIZEWELL B RELOCATED FACILITIES PERMISSION 1

PART 2SIZEWELL B RELOCATED FACILITIES PERMISSION 2

Article 14

SCHEDULE 9Streets subject to street works

Article 16

SCHEDULE 10Streets to be permanently stopped up, changed in status or private means of access extinguished

PART 1STREETS TO BE STOPPED UP OR PRIVATE MEANS OF ACCESS TO BE EXTINGUISHED FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

PART 2PRIVATE MEANS OF ACCESS TO BE EXTINGUISHED FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

PART 3STREET TO BE SUBJECT TO A CHANGE OF STATUS

Article 17

SCHEDULE 11Status of public rights of way created or improved

Article 18

SCHEDULE 12Benefit of permanent private means of access and private rights of way created

Article 19

SCHEDULE 13Streets and private means of access to be temporarily closed

PART 1BEING STREETS TO BE TEMPORARILY CLOSED FOR WHICH A SUBSTITUTE IS NOT SPECIFIED

PART 2BEING STREETS AND PRIVATE MEANS OF ACCESS TO BE TEMPORARILY CLOSED FOR WHICH A SUBSTITUTE IS SPECIFIED

Article 24

SCHEDULE 14Traffic Regulation Measures

Article 32

SCHEDULE 15Land in respect of which only rights etc may be acquired

Article 32

SCHEDULE 16Modification of compensation and compulsory purchase enactments for creation of new rights and imposition of restrictive covenants

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 the imposition of a restrictive covenant as they apply as respects compensation on the compulsory purchase of land and interests in land.

2.—(1) Without limiting the scope of sub-paragraph (1), the Land Compensation Act 1973(1) has effect subject to the modifications set out in sub-paragraph (2).

(2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 of the 1965 Act (measure of compensation in case of severance) as substituted by paragraph 5—

(a)for “land is acquired or taken from” 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 or the restrictive covenant is enforceable”.

3.—(1) Without limiting the scope of sub-paragraph (1), the 1961 Act has effect subject to the modification set out in sub-paragraph (2).

(2) For section 5A(5A) of the 1961 Act (Relevant valuation date), after “If” substitute—

“(a)the acquiring authority enters on land for the purpose of exercising a right in pursuance of a notice of entry under section 11(1) of the 1965 Act (as modified by paragraph 7 of Schedule 16 to the Sizewell C (Nuclear Generating Station) Order 2022);

(b)the acquiring authority is subsequently required by a determination under paragraph 3 of Schedule 2A to the 1965 Act (as modified by paragraph 10 of Schedule 16 to the Sizewell C (Nuclear Generating Station) Order 2022) to take the additional land; and

(c)the acquiring authority enters on and takes possession of that land,

the authority is deemed for the purposes of subsection (3)(a) to have entered on that land when it entered on that land for the purpose of exercising that right.”.

Application of the 1965 Act

4.—(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 must be read (according to the requirements of the particular context) as referring to, or as including references to—

(a)the right acquired or to be acquired, or the restriction imposed or to be imposed; or

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

(2) Without limiting the scope of sub-paragraph (1), Part 1 of the 1965 Act applies in relation to the compulsory acquisition under this Order of a right by the creation of a new right or, in relation to the imposition of a restriction, with the modifications specified in the following provisions of this Schedule.

5.  For section 7 of the 1965 Act (Measure of compensation in case of severance) substitute—

“7.    Measure of compensation in case of severance

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.”.

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) (Refusal to convey, failure to make title, etc);

(b)paragraph 10(3) of Schedule 1 (Persons without power to sell their interests);

(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 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 of the 1965 Act (Powers of entry) is modified to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right or restriction, it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant (which is deemed for this purpose to have been created on the date of service of the notice); and sections 11A (Powers of entry: further notices of entry), 11B (Counter-notice requiring possession to be taken on specified date), 12 (Unauthorised entry) and 13 (Refusal to give possession to acquiring authority) of the 1965 Act are modified correspondingly.

8.  Section 20 of the 1965 Act (Tenants at will, etc) 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 of the 1965 Act (Interests omitted from purchase) 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.

10.  For Schedule 2A of the 1965 Act substitute—

“SCHEDULE 2ACOUNTER-NOTICE REQUIRING PURCHASE OF LAND

Introduction

1.—(1) This Schedule applies where an acquiring authority serve a notice to treat in respect of a right over, or restrictive covenant affecting, the whole or part of a house, building or factory and have not executed a general vesting declaration under section 4 of the 1981 Act as applied by article 34 (application of the 1981 Act) of the Sizewell C (Nuclear Generating Station) Order 2022 in respect of the land to which the notice to treat relates.

(2) But see article 35 (acquisition of subsoil and airspace only) of the Sizewell C (Nuclear Generating Station) Order 2022 which excludes acquisition of subsoil or airspace only from this Schedule.

2.  In this Schedule, “house” includes any park or garden belonging to a house.

Counter-notice requiring purchase of land

3.  A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the authority to purchase the owner’s interest in the house, building or factory.

4.  A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served.

Response to counter-notice

5.  On receiving a counter-notice, the acquiring authority must decide whether to—

(a)withdraw the notice to treat;

(b)accept the counter-notice; or

(c)refer the counter-notice to the Upper Tribunal.

6.  The authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”).

7.  If the authority decides to refer the counter-notice to the Upper Tribunal they must do so within the decision period.

8.  If the authority does not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period.

9.  If the authority serves notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in the house, building or factory.

Determination by Upper Tribunal

10.  On a referral under paragraph 7, the Upper Tribunal must determine whether the acquisition of the right or the imposition of the restrictive covenant would—

(a)in the case of a house, building or factory, cause material detriment to the house, building or factory; or

(b)in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs.

11.  In making its determination, the Upper Tribunal must take into account—

(a)the effect of the acquisition of the right or the imposition of the covenant;

(b)the use to be made of the right or covenant proposed to be acquired or imposed; and

(c)if the right or covenant is proposed to be acquired or imposed for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land.

12.  If the Upper Tribunal determines that the acquisition of the right or the imposition of the covenant would have either of the consequences described in paragraph 10, it must determine how much of the house, building or factory the authority ought to be required to take.

13.  If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in that land.

14.—(1) If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land.

(2) If the acquiring authority withdraws the notice to treat under this paragraph they must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice.

(3) Any dispute as to the compensation is to be determined by the Upper Tribunal”.

Article 39

SCHEDULE 17Land of which only temporary possession may be taken

Article 44

SCHEDULE 18Acquisition of wayleaves, easements and other rights

PART 1ON BEHALF OF LICENCE HOLDERS

Acquisition of necessary wayleaves

1.—(1) This paragraph applies where—

(a)a licence holder has agreed in writing with the undertaker that it is necessary or expedient to remove an electric line within the Order limits and to install and keep installed an electric line in substitution for it on, under or over specified land;

(b)the licence holder has agreed in writing that the undertaker may seek a necessary wayleave on behalf of the licence holder in respect of the specified land; and

(c)the owner or occupier of the specified land, having been given a notice by the undertaker or the licence holder requiring him to give the necessary wayleave to the licence holder within a period (not being less than 21 days) specified in the notice—

(i)has failed to give the wayleave before the end of that period; or

(ii)has given the wayleave subject to terms and conditions to which the undertaker, following consultation with the licence holder, objects.

(2) Subject to sub-paragraphs (3) and (4) below, the Secretary of State may, on the application of the undertaker, himself grant the necessary wayleave to the licence holder subject to such terms and conditions as he thinks fit; and a necessary wayleave so granted shall, unless previously terminated in accordance with a term contained in the wayleave, continue in force for such period as may be specified in the wayleave.

(3) The Secretary of State shall not entertain an application under sub-paragraph (2) above in any case where—

(a)the specified land is covered by a dwelling, or will be so covered on the assumption that any planning permission which is in force is acted on; and

(b)the line is to be installed on or over the specified land.

(4) Before granting the necessary wayleave to the licence holder, the Secretary of State shall afford—

(a)the occupier of the specified land; and

(b)where the occupier is not also the owner of the specified land, the owner, an opportunity of being heard by a person appointed by the Secretary of State.

(5) A necessary wayleave granted to the licence holder under this paragraph—

(a)shall not be subject to the provisions of any enactment requiring the registration of interests in, charges over or other obligations affecting land; but

(b)shall bind any person who is at any time the owner or occupier of the specified land.

(6) Where in pursuance of a necessary wayleave granted under this paragraph a licence holder has erected on any land supports for an electric line, he shall be deemed to have an interest in that land for the purposes of section 7 of the Mines (Working Facilities and Support) Act 1966.

(7) Where a wayleave is granted to a licence holder under this paragraph –

(a)the occupier of the specified land; and

(b)where the occupier is not also the owner of the specified land, the owner, may recover from the undertaker compensation in respect of the grant.

(8) Where in the exercise of any right conferred by such a wayleave any damage is caused to the specified land or to movables, any person interested in the specified land or movables may recover from the undertaker compensation in respect of that damage; and where in consequence of the exercise of such a right a person is disturbed in his enjoyment of any land or movables he may recover from the undertaker compensation in respect of that disturbance.

(9) Compensation under this paragraph may be recovered as a lump sum or by periodical payments or partly in one way and partly in the other.

(10) Any question of disputed compensation under this paragraph shall be determined by the Tribunal; and section 4 of the Land Compensation Act 1961 shall apply to any such determination.

Compulsory acquisition of easements or other rights

2.—(1) This paragraph applies where—

(a)a licence holder has agreed in writing with the undertaker that it is necessary or expedient to remove an electric line within the Order limits and to install and keep installed an electric line in substitution for it on, under or over specified land; and

(b)the licence holder has agreed in writing that the undertaker may seek an easement or other right in land on behalf of the licence holder in respect of the specified land.

(2) Subject to sub-paragraph (3) and (4), where a compulsory purchase order is sought by the undertaker pursuant to sub-paragraph (1), the Secretary of State may authorise the relevant licence holder to purchase compulsorily an easement or right over the specified land where the Secretary of State is satisfied that it is required for any purpose connected with the carrying on of the activities which he is authorised by his licence to carry on.

(3) Part I (paragraphs 2 onwards) and Part II of Schedule 3 of the Electricity Act 1989 shall apply in respect of powers of compulsory purchase sought pursuant to this paragraph.

(4) Unless otherwise agreed between the undertaker and the licence holder in writing, where the undertaker seeks a compulsory purchase order on behalf of a licence holder pursuant to this paragraph, the negotiation of consideration and compensation shall be undertaken by the undertaker and any consideration or compensation agreed or determined shall be payable by the undertaker and Schedule 3 of the Electricity Act 1989 as applied by this paragraph shall be interpreted accordingly.

Interpretation

3.  In this Part of Schedule 18—

“dwelling” means a building or part of a building occupied, or (if not occupied) last occupied or intended to be occupied, as a private dwelling and includes any garden, yard, outhouses and appurtenances belonging to or usually enjoyed with that building or part;

“licence holder” means a person holding a licence under section 6 of the Electricity Act 1989;

“necessary wayleave” means consent for the licence holder to install and keep installed the electric line on, under or over the specified land and to have access to the specified land for the purpose of inspecting, maintaining, adjusting, repairing, altering, replacing or removing the electric line;

“specified land” means the land within or outside the Order limits on, under or over which a licence holder agrees, pursuant to paragraph 1 or 2, that an electric line should be relocated in substitution for an existing electric line; and

“Tribunal” means the Upper Tribunal in relation to England and Wales.

PART 2ON BEHALF OF CODE OPERATORS

Court imposition of code rights

4.—(1) This paragraph applies where—

(a)a code operator has agreed in writing with the undertaker that for the purpose of the authorised development it is necessary or expedient to remove electronic communications apparatus owned by the code operator within the Order limits and to install and keep installed electronic communications apparatus in substitution for it on, under or over specified land;

(b)the code operator has agreed in writing that the undertaker may seek code rights on behalf of the code operator in respect of the specified land, including all of the other terms of the agreement sought; and

(c)the code operator or the undertaker has given the relevant person a notice in writing—

(i)setting out the code rights, and all of the other terms of the agreement sought, and

(ii)stating that the person’s agreement to those terms is sought.

(2) The undertaker may apply to the court for an order under this paragraph if the relevant person does not, before the end of 28 days beginning with the day on which the notice in sub-paragraph (1)(c) is given, agree to confer or be otherwise bound by the code rights.

(3) An order under this paragraph is one which imposes on the code operator and the relevant person an agreement between them which—

(a)confers the code rights on the operator, or

(b)provides for the code rights to bind the relevant person.

(4) Where the undertaker makes an application to the court under sub-paragraph (2), paragraph 21, 22, 23, 24 and 26 of Part 4 of Schedule 3A (The Electronic Communications Code) and Part 14 (Compensation under The Code) of the Communications Act 2003 shall apply as if:

(a)reference to the making of an ‘order under paragraph 20’ were substituted for the making of an order under Schedule 18 of the Sizewell C (Nuclear Generating Station) Order 2022’; and

(b)unless otherwise agreed on a case-by-case basis in writing between the undertaker and the code operator, all references to ’consideration’ or ’compensation’ provided for in any agreement or order or otherwise to be determined shall be read as being payable by the undertaker.

Compulsory acquisition of easements or other rights

5.—(1) The undertaker may seek a compulsory purchase order on behalf of a code operator where—

(a)the code operator has agreed in writing with the undertaker that for the purpose of the authorised development it is necessary or expedient to remove electronic communications apparatus owned by the operator within the Order limits and to install and keep installed electronic communications apparatus in substitution for it on, under or over specified land;

(b)the code operator has agreed in writing that the undertaker may seek an easement or other rights over land on behalf of the code operator in respect of the specified land.

(2) Subject to sub-paragraph (3) and (4), where a compulsory purchase order is sought by the undertaker pursuant to sub-paragraph (1), the Secretary of State may authorise the relevant code operator to purchase compulsorily the specified land or an easement or right over the specified land if the Secretary of State is satisfied that it is required by the code operator—

(a)for, or in connection with, the establishment or running of the code operator’s network; or

(b)as to which it can reasonably be foreseen that it will be so required.

(3) Subject to sub-paragraph (4), paragraphs 3(2) to 3(7) of Schedule 4 of the Communications Act 2003 shall apply in respect of powers of compulsory purchase sought pursuant to this paragraph.

(4) Unless otherwise agreed between the undertaker and the licence holder in writing, where the undertaker seeks a compulsory purchase order on behalf of a code operator pursuant to this paragraph, all negotiations of compensation shall be undertaken by the undertaker and any consideration or compensation agreed or determined in respect of any easements or rights acquired shall be payable by the undertaker and Schedule 4 of the Communications Act 2003 shall be interpreted accordingly as it applies to this paragraph.

Interpretation

6.  In this paragraph, the following terms have the following meaning:

“code operator’s network” has the meaning given for ‘operator’s network’ in paragraph 6 of Schedule 3A of the Communications Act 2003

“code rights” has the meaning given in paragraph 3 of Schedule 3A of the Communications Act 2003;

“court” has the meaning given in paragraph 94 of Schedule 3A of the Communications Act 2003;

“electronic communications apparatus” has the meaning given in paragraph 5 of Schedule 3A of the Communications Act 2003;

“code operator” has the meaning given for an ‘operator’ in paragraph 2 of Schedule 3A of the Communications Act 2003;

“relevant person” means the person in respect of whose interest in land a code right is required;

“specified land” means the land within or outside the Order limits on, under or over which an operator agrees, pursuant to sub-paragraph (1), that electronic communications apparatus should be relocated in substitution for existing electronic communications apparatus.

PART 3ON BEHALF OF WATER AND SEWERAGE UNDERTAKERS

Compulsory acquisition of easements or other rights

7.—(1) The undertaker may seek a compulsory purchase order on behalf of a water or sewerage undertaker where—

(a)the water or sewerage undertaker has agreed in writing with the undertaker that for the purpose of the authorised development it is necessary or expedient to remove water or sewerage apparatus owned by the water or sewerage undertaker within the Order limits and to install and keep installed alternative apparatus in substitution for it on, under or over specified land;

(b)the water or sewerage undertaker has agreed in writing that the undertaker may seek an easement or other rights over land on behalf of the water or sewerage undertaker in respect of the specified land.

(2) Subject to sub-paragraph (3), where a compulsory purchase order is sought by the undertaker pursuant to sub-paragraph (1), the Secretary of State may authorise the relevant water or sewerage undertaker to purchase compulsorily the specified land or an easement or right over the specified land where the Secretary of State is satisfied that it is required by the water or sewerage undertaker for the purposes of, or in connection with, the carrying out of its functions.

(3) Section 155(3) to (6) of the Water Industry Act 1991 shall apply in respect of powers of compulsory purchase sought pursuant to this paragraph.

(4) Unless otherwise agreed between the undertaker and the water or sewerage undertaker in writing, where the undertaker seeks a compulsory purchase order on behalf of a water or sewerage undertaker pursuant to this paragraph, all negotiations of compensation shall be undertaken by the undertaker and any consideration or compensation agreed or determined in respect of any easements or rights acquired shall be payable by the undertaker.

(5) In this paragraph:

“alternative apparatus” means alternative water or sewerage apparatus adequate to enable the water or sewerage undertaker in question to fulfil its statutory functions in a manner not less efficient than previously;

“specified land” means the land within or outside the Order limits on, under or over which a water or sewerage undertaker agrees, pursuant to sub-paragraph (1), that alternative apparatus should be relocated in substitution for existing relevant water or sewerage apparatus.

“water or sewerage undertaker” means ’water undertaker’ or ’sewerage undertaker’ as defined in the Water Industry Act 1991; and

“water or sewerage apparatus” means (i) mains, pipes or other water apparatus belonging to or maintained by a water undertaker for the purposes of water supply; and (ii) any drain or works vested in a sewerage undertaker, and 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 (within the meaning of section 219 of that Act) or sewer outfall and any manholes, ventilating shafts, pimps, or other accessories forming part of any such sewer, drain or works, and in each case includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus.

PART 4ON BEHALF OF GAS TRANSPORTERS

Compulsory acquisition of easements or other rights

8.—(1) The undertaker may seek a compulsory purchase order on behalf of a gas transporter where—

(a)the gas transporter has agreed in writing with the undertaker that for the purpose of the authorised development it is necessary or expedient to remove gas apparatus owned by the gas transporter within the Order limits and to install and keep installed gas apparatus in substitution for it on, under or over specified land;

(b)the gas transporter has agreed in writing that the undertaker may seek an easement or other rights over land on behalf of the gas transporter in respect of the specified land.

(2) Subject to sub-paragraph (3) and (4), where a compulsory purchase order is sought by the undertaker pursuant to sub-paragraph (1), the Secretary of State may authorise the relevant gas transporter to purchase compulsorily an easement or right over the specified land.

(3) Schedule 3 of the Gas Act 1986 shall apply in respect of powers of compulsory purchase sought pursuant to this paragraph.

(4) Where the undertaker seeks a compulsory purchase order on behalf of a gas transporter pursuant to this paragraph, all negotiations of compensation shall be undertaken by the undertaker, unless otherwise agreed with the gas transporter, and any consideration or compensation agreed or determined in respect of any easements or rights acquired shall be payable by the undertaker only (unless otherwise agreed with the operator).

(5) In this paragraph—

“alternative apparatus” means alternative gas apparatus adequate to enable the gas transporter in question to fulfil its statutory functions in a manner not less efficient than previously;

“gas apparatus” means any mains, pipes or other apparatus belonging to or maintained by a gas transporter for the purpose of gas supply;

“gas transporter” has the meaning given in Part 1 of the Gas Act 1986; and

“specified land” means land within or outside the Order limits on, under or over which a gas transporter agrees, pursuant to sub-paragraph (1), that alternative apparatus should be relocated in substitution for existing gas apparatus.

Article 47

SCHEDULE 19Protective Provisions

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

Application

1.  The provisions of this Part have effect for the protection of the statutory undertakers referred to in this Part, unless otherwise agreed in writing between the undertaker and the statutory undertaker concerned.

Interpretation

2.  In addition to article 2 (interpretation), the terms in this Part have the following meanings—

“alternative apparatus” means alternative apparatus adequate to enable the statutory undertaker in question to fulfil its statutory functions in a manner not less efficient than previously;

“apparatus” means—

“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;

“statutory undertaker” means—

On-street apparatus

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

Acquisition of apparatus

4.  Despite any provision in this Order or anything shown on the Land Plans, the undertaker must not acquire any apparatus otherwise than by agreement.

Removal of apparatus

5.—(1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed, that apparatus must not be removed under this Part of this Schedule and any right of a statutory undertaker to maintain that apparatus in that land and to gain access to it will not be extinguished until, if so required by the statutory undertaker, alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the statutory undertaker in question.

(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 to the statutory undertaker in question 28 days’ written notice of that requirement, together with a plan and section of the work proposed and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order a statutory undertaker reasonably needs to remove any of its apparatus) the undertaker must, subject to paragraph 5(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 as a consequence of the removal of apparatus placed on land other than that of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in paragraph 5(2), the statutory undertaker in question, must on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use its reasonable endeavours to obtain the necessary facilities and rights in other 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 84 (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 84 (arbitration), and after the grant to the statutory undertaker of any such facilities and rights as are referred to in paragraphs 5(2) and (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 this Part of this Schedule.

(6) Despite anything in paragraph 5(5), if the undertaker gives notice in writing to the statutory undertaker in question that it desires itself to execute any work, or part of any work in connection with the construction or removal of apparatus, 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.

(7) Nothing in paragraph 5(6) authorises the undertaker to execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or execute any filling around the apparatus (where the apparatus is laid in a trench) within 300 millimetres of the apparatus without the prior approval of the statutory undertaker (such approval not to be unreasonably withheld or delayed).

Facilities and rights for alternative apparatus

6.—(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 for alternative apparatus in substitution for apparatus to be removed, those facilities and rights will 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 84 (arbitration).

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

(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; 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 constructed in or on the land 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 may 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: protection

7.—(1) Not less than 28 days before starting the execution of any authorised works authorised by this Order that are near to, or will or may affect, or where construction access is to be taken over, any apparatus the removal of which has not been required by the undertaker under paragraph 5(2), the undertaker must submit to the statutory undertaker in question a plan, section and description of the works to be executed.

(2) Those works must be executed only in accordance with the plan, section and description submitted under paragraph 7(1) and in accordance with such reasonable requirements as may be made in accordance with paragraph 7(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 paragraph 7(2) must be made within a period of 21 days beginning with the date on which a plan, section and description under sub-paragraph (1) are submitted to it.

(4) If a statutory undertaker in accordance with paragraph 7(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, paragraph 5 applies as if the removal of the apparatus had been required by the undertaker under sub-paragraph (2) of that paragraph.

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

(6) The undertaker is not required to comply with paragraph 7(2) in a case of emergency but in that case it must give to the statutory undertaker in question notice as soon as is reasonably practicable and a plan, section and description of those works as soon as reasonably practicable subsequently and must comply with paragraph 7(2) in so far as is reasonably practicable in the circumstances.

Compensation

8.—(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any of the works referred to in paragraph 5(2), any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of a statutory undertaker, or there is any interruption in any service provided, or in the supply of any goods, by any statutory undertaker, the undertaker must—

(a)bear and pay on demand 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, demands or proceedings, damages, claims, penalty or costs incurred by the statutory undertaker,

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

(2) Nothing in paragraph 8(1) must impose any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the neglect or default of a statutory undertaker, its officers, servants, contractors or agents.

(3) A statutory undertaker must give the undertaker reasonable prior written notice of any claim or demand, and no settlement or compromise may be made without the consent of the undertaker.

Expenses

9.—(1) Subject to the following provisions of this paragraph, the undertaker must pay to the statutory undertaker in question the reasonable expenses incurred by that statutory undertaker in, or in connection with, the inspection, removal, alteration or protection of any apparatus.

(2) The value of any apparatus removed under this Part is to be deducted from any sum payable under paragraph 9(1), that value being calculated after removal.

(3) If in accordance with this Part—

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

(b)apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 84 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part 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 paragraph 9(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 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 paragraph 9(1) must, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the statutory undertaker in question any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

Co-operation

10.—(1) Where, under this Part, the statutory undertaker is required to give its consent or approval in respect of any matter, that consent or approval must not be unreasonably withheld or delayed.

(2) In respect of any specified work or the acquisition of rights under or over or use of the statutory undertaker’s property, the statutory undertaker must co-operate with the undertaker with a view to avoiding undue delay.

Agreements

11.  Nothing in this Part affects the provisions of any 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 2PROTECTION FOR OPERATORS OF ELECTRONIC COMMUNICATIONS NETWORKS

Application

12.  The provisions of this Part have effect for the protection of operators unless otherwise agreed in writing between the undertaker and the operator in question.

Interpretation

13.  In addition to article 2 (interpretation), the terms in this Part have the following meanings—

“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;

“electronic communications code” has the same meaning as in Chapter 1 of Part 2 of the 2003 Act; and

“electronic communications code network” means—

“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.

Electronic communications apparatus installed on, under or over any land

14.  The exercise of the powers in article 42 (statutory undertakers) is subject to Part 10 of Schedule 3A of the 2003 Act (undertaker’s works affecting electronic communications apparatus).

Compensation

15.—(1) Subject to paragraphs 15(2) to (3), if as the result of the authorised development or its construction, 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 the property of an operator, the undertaker must—

(a)bear and pay on demand 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, demands or proceedings, damages, claims, penalty or costs incurred by the statutory undertaker,

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

(2) Nothing in paragraph 15(1) imposes any liability on the undertaker with respect to any damage to the extent that it is attributable to the act, neglect or default of an operator, its officers, servants, contractors or agents.

(3) Any difference arising between the undertaker and the operator under this paragraph must, unless otherwise agreed in writing between the operator and the undertaker, be referred to and settled by arbitration under article 84 (arbitration).

(4) 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 which, if it withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

Application

16.  This Part does not apply to—

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

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

Co-operation

17.  In respect of any specified work or the acquisition of rights under or over or use of the statutory undertaker’s property, the statutory undertaker must co-operate with the undertaker with a view to avoiding undue delay.

Enactments and agreements

18.  Nothing in this Part affects the provisions of any enactment or agreement regulating the relations between the undertaker and a utility 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 3NETWORK RAIL

19.  The 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 33 of this Part of this Schedule any other person on whom rights or obligations are conferred by that paragraph.

20.  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 their powers under section 8 of the Railways Act l993;

“Network Rail” means Network Rail Infrastructure Limited 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;

“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—

“specified work” means so much of any of the authorised development as is situated upon, across, under, over or within 15 metres of, or may in any way adversely affect, railway property.

21.—(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 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 their reasonable endeavours to avoid any conflict arising between the application of those procedures and the proper implementation of the authorised development pursuant to this Order.

22.—(1) The undertaker must not exercise the powers conferred by—

(a)article 27 (authority to survey and investigate the land);

(b)article 28 (compulsory acquisition of land);

(c)article 30 (statutory authority to override easements and other rights);

(d)article 32 (compulsory acquisition of rights and imposition of restrictive covenants);

(e)article 33 (private rights of way);

(f)article 35 (acquisition of subsoil and airspace only);

(g)article 39 (temporary use of land for carrying out authorised development);

(h)article 41 (temporary use of land for maintaining authorised development);

(i)article 42 (statutory undertakers);

(j)or the powers conferred by section 11(3) of the 1965 Act,

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 or 272 of the 1990 Act, or article 42 (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, or seek to impose any restrictive covenants over, any railway property, or extinguish any existing rights of Network Rail in respect of any third party property, except with the consent of Network Rail.

(5) Where Network Rail is asked to give its consent pursuant to this paragraph, such consent must not be unreasonably withheld but may be given subject to reasonable conditions.

(6) The undertaker shall not place railway property in a position where it cannot be used, or maintained, or is placed at risk of not being capable of use, to run trains safely.

23.—(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 in accordance with paragraph 40 of this Part of this Schedule.

(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 their disapproval of those plans and the grounds of such disapproval the undertaker may serve upon the engineer written notice (marked as urgent and requiring a response within 28 days) 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 shall 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 their 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 the same (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 their reasonable satisfaction.

24.—(1) Any specified work and any protective works to be constructed by virtue of paragraph 23(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 23 of this Part of this Schedule;

(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 thereon and the use by passengers of railway property.

(2) If any damage to railway property or any such interference or obstruction shall be caused by the carrying out of, or in consequence of the construction of a specified work, the undertaker must, notwithstanding 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.

25.  The undertaker must—

(a)at all times afford reasonable facilities to the engineer for access to a specified work during its construction; and

(b)supply the engineer with all such information as they may reasonably require with regard to a specified work or the method of constructing it.

26.  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.

27.—(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 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 by the undertaker, Network Rail gives notice to the undertaker that Network Rail desires itself to construct that part of the specified 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 is to be constructed Network Rail must assume construction of that part of the specified work and the undertaker must, notwithstanding any such approval of a specified work under paragraph 23(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.

(3) The engineer must, in respect of the capitalised sums referred to in this paragraph and paragraph 28(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.

28.  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 23(3) or in constructing any protective works under the provisions of paragraph 23(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;

(c)in respect of the employment or procurement of the services of any inspectors, signallers, watch-persons and other persons whom it shall be 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;

(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 from the substitution or 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.

29.—(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 (including the operation of tramcars using the tramway comprised in the works) 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 23(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 23(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 pursuant to sub-paragraph (a); and

(c)Network Rail must allow the undertaker reasonable facilities for the inspection of Network Rail’s apparatus identified pursuant to 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 23(1) have effect subject to the sub-paragraph.

(6) If at any time and notwithstanding any measures adopted pursuant to 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) forthwith 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 pursuant to 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;

(b)any modifications to Network Rail’s apparatus approved pursuant to those sub-paragraphs must be carried out and completed by the undertaker in accordance with paragraph 24 of this Part of this Schedule.

(9) To the extent that it would not otherwise do so, the indemnity in paragraph 33(1) of this Part of this Schedule 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 28(a) any modifications to Network Rail’s apparatus under this paragraph shall be deemed to be protective works referred to in that paragraph.

(11) In relation to any dispute arising under this paragraph the reference in article 84 (arbitration) to the Centre of Effective Dispute Resolution shall be read as a reference to the Institution of Engineering and Technology.

30.  If at any time after the completion of a specified 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 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 in such state of maintenance as not adversely to affect railway property.

31.  The undertaker must not provide any illumination or illuminated sign or signal on or in connection with a specified 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.

32.  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 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.

33.—(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 (subject to article 46 (no double recovery)) which may be occasioned to or reasonably incurred by Network Rail—

(a)by reason of the construction or maintenance of a specified work or the failure thereof;

(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;

(c)by reason of any act or omission of the undertaker or any person in its employ or of its contractors or others whilst accessing to or egressing from the authorised development;

(d)in respect of any damage caused to or additional maintenance required to, railway property or any such interference or obstruction or delay to the operation of the railway as a result of the authorised development or access to or egress from the authorised development by the undertaker or any person in its employ or of its contractors or others;

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 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 the plans approved by the engineer or in accordance with an requirement of the engineer or under the engineer’s supervision shall 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 written notice of any such claim or demand and no settlement or compromise of such a claim or demand without the prior consent of the undertaker.

(3) The sums payable by the undertaker under sub-paragraph (1) shall if relevant 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 shall, 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 pursuant to 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 specified work including but not limited to 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 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.

34.  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 Part of this Schedule (including the amount of the relevant costs mentioned in paragraph 33 and with such information as may reasonably enable the undertaker to assess the reasonableness of any such estimate or claim made or to he made pursuant to this Part of this Schedule (including any claim relating to those relevant costs).

35.  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.

36.  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 and 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.

37.  Nothing in this Order, or in any enactment incorporated with or applied by this Order, prejudices or affects the operation of Part I of the Railways Act 1993.

38.  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 the Order) of this Order to transfer the benefit of any provision(s) of this Order that affect railway property or a specified work 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.

39.  The undertaker must no later than 28 days from the date that the plans submitted to and certified by the Secretary of State in accordance with article 82 (certification of plans, etc.) are certified by the Secretary of State, provide a set of those plans to Network Rail in a format specified by Network Rail.

40.  In relation to any dispute arising under this Part of this Schedule (except for those disputes referred to in paragraph 29(11)) the provisions of article 84 (arbitration) shall not apply and any such dispute, unless otherwise provided for, 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) to the President of the Institution of Civil Engineers.

PART 4FOR THE PROTECTION OF ANGLIAN WATER

41.—(1) For the protection of Anglian Water, the following provisions shall, unless otherwise agreed in writing between the undertaker and Anglian Water, have effect.

(2) In this Part of this Schedule –

“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

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 (general interpretation) 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

“standard protection strips” means the strips of land falling the following distances to either side of the medial line of any relevant pipe or apparatus;

unless otherwise agreed.

(3) The undertaker shall 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 agreed in writing with Anglian Water, such agreement not to be unreasonably withheld or delayed, and the existence of this sub-paragraph (3) shall be brought to the attention of any agent or contractor responsible for carrying out any work on behalf of the Undertaker.

(4) 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 (England and Wales) 2016 or other legislations and any other associated consents which are required 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 required under the Water Industry Act 1991 together with a plan and section of the works proposed and Anglian Water has agreed all of the contractual documentation required under the Water Industry Act 1991, such agreement not to be unreasonably withheld or delayed; and such works 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.

(5) In the situation, where in exercise of the powers conferred by the Order, the undertaker acquires any interest in any land in which Apparatus is placed and such apparatus is to be relocated, extended, removed or altered in any way, no alteration or extension shall take place until, contingency arrangements have been established to the reasonable satisfaction of Anglian Water in order to conduct its functions for the duration of the works to relocate, extend, remove or alter the apparatus.

(6) 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 shall, 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, and to be subject to arbitration under article 84 (arbitration).

(7) 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.

(8) 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 be given to Anglian Water and afforded the same protection of other Anglian Water assets.

(9) If for any reason or in consequence of the construction of any of the works referred to in sub-paragraphs (4) to (6) and (8) above 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 shall,

(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.

(10) Any agreement or approval of Anglian Water required under this Part of this Schedule (including pursuant to sub-paragraphs (3), (4) and (6)):

(a)must not be unreasonably withheld or delayed; and

(b)is deemed to have been given if it is neither given nor refused within 28 days (or such other period of time that Anglian Water and the undertaker may agree in writing) of the date of submission of a request for such agreement or approval, or, in the case of a refusal, if it is not accompanied by a statement of the grounds of refusal.

(11) 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 84 (arbitration) unless otherwise agreed in writing between the undertaker and Anglian Water.

PART 5FOR THE PROTECTION OF NATIONAL GRID AS ELECTRICITY UNDERTAKERS

Application

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

(2) Subject to sub-paragraph (3) or to the extent otherwise agreed in writing between the undertaker and National Grid, where the benefit of this Order is transferred or granted to another person under article 9 (consent to transfer benefit of the Order)—

(a)any agreement of the type mentioned in sub-paragraph (1) has effect as if it had been made between National Grid and the transferee or grantee (as the case may be); and

(b)written notice of the transfer or grant must be given to National Grid on or before the date of that transfer or grant.

(3) Sub-paragraph (2) does not apply where the benefit of the Order is transferred or granted to National Grid (but see paragraph 52(3)(b)).

Interpretation

43.  In this Part of this Schedule—

“1991 Act” means the New Roads and Street Works Act 1991;

“acceptable credit provider” means a bank or financial institution with a credit rating that is not lower than: (i) “A-” if the rating is assigned by Standard & Poor’s Ratings Group or Fitch Ratings; and “A3” if the rating is assigned by Moody’s Investors Services Inc.;

“acceptable insurance” means general third party liability insurance effected and maintained by the undertaker with a combined property damage and bodily injury limit of indemnity of not less than £50,000,000.00 (fifty million pounds) per occurrence or series of occurrences arising out of one event. Such insurance shall be maintained (a) during the construction period of the authorised works; and (b) after the construction period of the authorised works in respect of any use and maintenance of the authorised development by or on behalf of the undertaker which constitute specified works and arranged with an insurer whose security/credit rating meets the same requirements as an “acceptable credit provider”, such insurance shall include (without limitation)—

“acceptable security” means either—

“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 any electric lines or electrical plant as defined in the Electricity Act 1989, belonging to or maintained by National Grid together with any replacement apparatus and such other apparatus constructed pursuant to the Order that becomes operational apparatus of National Grid for the purposes of transmission, distribution and/or supply and includes any structure in which apparatus is or will be lodged or which gives or will give access to apparatus;

“authorised works” has the same meaning as is given to the term “authorised development” in article 2(1) (interpretation) of this Order and includes any associated development authorised by the Order and for the purposes of this Part of this Schedule includes the use and maintenance of the authorised works and construction of any works authorised by this Part of this Schedule;

“commence” and “commencement” in paragraph 50 of this Part of this Schedule shall include any below ground surveys, monitoring, ground work operations or the receipt and erection of construction plant and equipment;

“deed of consent” means a deed of consent, crossing agreement, deed of variation or new deed of grant agreed between the parties acting reasonably in order to vary and/or replace existing easements, agreements, enactments and other such interests so as to secure land rights and interests as are necessary to carry out, maintain, operate and use the apparatus in a manner consistent with the terms of this Part of this Schedule;

“functions” includes powers and duties;

“ground mitigation scheme” means a scheme approved by National Grid (such approval not to be unreasonably withheld or delayed) setting out the necessary measures (if any) for a ground subsidence event;

“ground monitoring scheme” means a scheme for monitoring ground subsidence which sets out the apparatus which is to be subject to such monitoring, the extent of land to be monitored, the manner in which ground levels are to be monitored, the timescales of any monitoring activities and the extent of ground subsidence which, if exceeded, shall require the undertaker to submit for National Grid’s approval a ground mitigation scheme;

“ground subsidence event” means any ground subsidence identified by the monitoring activities set out in the ground monitoring scheme that has exceeded the level described in the ground monitoring scheme as requiring a ground mitigation scheme;

“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” shall include 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 Electricity Transmission Plc or any successor as a licence holder within the meaning of Part 1 of the Electricity Act 1989;

“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;

“parent company” means a parent company of the undertaker acceptable to and which shall have been approved by National Grid acting reasonably; and

“specified works” means any of the authorised works or activities undertaken in association with the authorised works which:

44.  Except for paragraphs 45 (Apparatus of National Grid in stopped up streets), 50 (Retained apparatus: Protection of National Grid), 51 (Expenses) and 52 (Indemnity) of this Part of this Schedule which will apply in respect of the exercise of all or any powers under the Order affecting the rights and apparatus of National Grid, the other provisions of this Schedule do 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.

Apparatus of National Grid in stopped up streets

45.—(1) Without prejudice to the generality of any other protection afforded to National Grid elsewhere in the Order, where any street is stopped up under article 16 (permanent stopping up of streets, change of status and extinguishment of private means of access), if National Grid has any apparatus that is in the street or accessed via that street National Grid will be entitled to the same rights in respect of such apparatus as it enjoyed immediately before the stopping up and the undertaker will grant to National Grid, or will procure the granting to National Grid of such rights in respect of such apparatus and access to it prior to the stopping up of any such street or highway.

(2) Notwithstanding the temporary stopping up or diversion of any highway under the powers of article 19 (temporary closure of streets and private means of access), National Grid will be at liberty at all times to take all necessary access across any such stopped up highway and/or to execute and do all such works and things in, upon or under any such highway as it would have been entitled to do immediately before such temporary stopping up or diversion as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the temporary stopping up or diversion was in that highway.

Protective works to buildings

46.  The undertaker, in the case of the powers conferred by article 26 (protective work to buildings), must exercise those powers so as not to obstruct or render less convenient the access to any apparatus without the written consent of National Grid, not to be unreasonably withheld or delayed.

Acquisition of land

47.—(1) Regardless of any provision in this Order or anything shown on the land plans or contained in the book of reference to the Order, the undertaker may not (a) appropriate or acquire or take temporary possession of any land or apparatus or (b) appropriate, acquire, extinguish, interfere with or override any easement or other interest of National Grid otherwise than by agreement.

(2) As a condition of an agreement between the parties in sub-paragraph (1), prior to the carrying out of any part of the authorised works (or in such other timeframe as may be agreed between National Grid and the undertaker) that is subject to the requirements of this Part of this Schedule that will cause any conflict with or breach the terms of any easement or other legal or land interest of National Grid or affect the provisions of any enactment or agreement regulating the relations between National Grid and the undertaker in respect of any apparatus laid or erected in land belonging to or secured by the undertaker, the undertaker must as National Grid reasonably requires enter into such deeds of consent upon such terms and conditions as may be agreed between National Grid and the undertaker acting reasonably and which must be no less favourable on the whole to National Grid unless otherwise agreed by National Grid, and it will be the responsibility of the undertaker to procure and secure the consent and entering into of such deeds and variations by all other third parties with an interest in the land at that time who are affected by such authorised works.

(3) 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 and/or removal of apparatus/including but not limited to the payment of costs and expenses relating to such relocation and/or removal of apparatus) and the provisions of any existing easement, rights, agreements and licences granted, used, enjoyed or exercised by National Grid and/or other enactments relied upon by National Grid as of right or other use in relation to the apparatus, then the provisions in this Part of this Schedule shall prevail.

(4) Any agreement or consent granted by National Grid under paragraph 50 or any other paragraph of this Part of this Schedule, shall not be taken to constitute agreement under sub-paragraph 47(1).

Removal of apparatus

48.—(1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in or possesses temporarily 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-paragraph (2) to (5).

(2) If, for the purpose of executing any works 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 not less than 28 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), secure any necessary consents for the alternative apparatus and afford to National Grid to its satisfaction (taking into account paragraph 49(1) below) the necessary facilities and rights—

(a)for the construction of alternative apparatus on other land or land secured by the undertaker; and

(b)subsequently for the maintenance of that apparatus,

on other land of, or secured by, the undertaker.

(3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of or land secured by 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 shall 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 or land secured by 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.

Facilities and rights for alternative apparatus

49.—(1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to or secures for National Grid facilities and rights in land for the construction, use, maintenance and protection of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and 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 otherwise agreed by National Grid.

(2) If the facilities and rights to be afforded by the undertaker and agreed with National Grid under paragraph 49(1) above 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 the matter may be referred to arbitration in accordance with paragraph 56 (Arbitration) of this Part of this Schedule and the arbitrator shall 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.

Retained apparatus: Protection of National Grid

50.—(1) Not less than 56 days before the commencement of any specified works that are near the undertaker must submit to National Grid a plan of the works to be executed and seek from National Grid details of the underground extent of their electricity tower foundations.

(2) In relation to works which will or may be situated on, over, under or within (i) 15 metres measured in any direction of any apparatus, or (ii) involve embankment works within 15 metres of any apparatus, the plan to be submitted to National Grid under sub-paragraph (1) must include a method statement and describe—

(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;

(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)any intended maintenance regimes; and

(g)an assessment of risks of rise of earth issues.

(3) In relation to any works which will or may be situated on, over, under or within 10 metres of any part of the foundations of an electricity tower or between any two or more electricity towers, the plan to be submitted under sub-paragraph (1) must, in addition to the matters set out in sub-paragraph (2), include a method statement describing;—

(a)details of any cable trench design including route, dimensions, clearance to pylon foundations;

(b)demonstration that pylon foundations will not be affected prior to, during and post construction;

(c)details of load bearing capacities of trenches;

(d)details of cable installation methodology including access arrangements, jointing bays and backfill methodology;

(e)a written management plan for high voltage hazard during construction and ongoing maintenance of the cable route;

(f)written details of the operations and maintenance regime for the cable, including frequency and method of access;

(g)assessment of earth rise potential if reasonably required by National Grid’s engineers; and

(h)evidence that trench bearing capacity is to be designed to support overhead line construction traffic of up to and including 26 tonnes in weight.

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

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

(a)may be given subject to reasonable conditions for any purpose mentioned in sub-paragraphs (6) or (8); and

(b)must not be unreasonably withheld.

(6) In relation to any work to which sub-paragraphs (2) or (3) apply, National Grid may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing its apparatus against interference or risk of damage, for the provision of protective works or for the purpose of providing or securing proper and convenient means of access to any apparatus.

(7) Works executed under sub-paragraphs (2) or (3) must only be executed in accordance with the plan, submitted under sub-paragraph (1) or as relevant sub-paragraph (6), as approved or 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 (6) 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 will be entitled to watch and inspect the execution of those works.

(8) Where National Grid requires any protective works to be carried out by itself or by the undertaker (whether of a temporary or permanent nature) such protective works, inclusive of any measures or schemes required and approved as part of the plan approved pursuant to this paragraph, must be carried out to National Grid’s satisfaction prior to the commencement of any authorised development (or any relevant part thereof) for which protective works are required and National Grid shall give notice of its requirement for such works within 42 days of the date of submission of a plan pursuant to this paragraph (except in an emergency).

(9) If National Grid in accordance with sub-paragraphs (6) or (8) 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 49 apply as if the removal of the apparatus had been required by the undertaker under paragraph 48(2).

(10) 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 the authorised development, a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph shall apply to and in respect of the new plan.

(11) The undertaker will not be 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 comply with sub-paragraphs (6), (7) and (8) insofar as is reasonably practicable in the circumstances and comply with sub-paragraph (12) at all times.

(12) At all times when carrying out any works authorised under the Order, the undertaker must comply with National Grid’s policies for development near overhead lines EN43-8 and HSE’s guidance note 6 “Avoidance of Danger from Overhead Lines”.

Expenses

51.—(1) Save where otherwise agreed in writing between National Grid and the undertaker and subject to the following provisions of this paragraph, the undertaker must pay to National Grid within 30 days of receipt of an itemised invoice or claim from National Grid all charges, costs and expenses reasonably anticipated within the following three months or reasonably and properly 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 or alternative apparatus which may be required in consequence of the execution of any authorised works including without limitation—

(a)any costs reasonably incurred by or compensation properly paid by National Grid in connection with the acquisition of rights or the exercise of statutory powers for such apparatus including without limitation all costs incurred by National Grid as a consequence of National Grid—

(i)using its own compulsory purchase powers to acquire any necessary rights under paragraph 48(3); or

(ii)exercising any compulsory purchase powers in the Order transferred to or benefitting National Grid;

(b)in connection with the cost of the carrying out of any diversion work or the provision of any alternative apparatus, where no written diversion agreement is otherwise in place;

(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 will be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Part of this Schedule and which is not re-used as part of the alternative apparatus, that value being calculated 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 paragraph 56 (Arbitration) of this Part of this Schedule 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) will be reduced by the amount of that excess save to the extent that it is not possible in the circumstances to obtain the existing type of apparatus at the same capacity and dimensions or place at the existing depth in which case full costs will be borne by the undertaker.

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

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

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

(5) An amount which apart from this sub-paragraph would be payable to National Grid in respect of works by virtue of sub-paragraph (1) will, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on National Grid 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.

Indemnity

52.—(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 works 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 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 the authorised 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 will—

(a)bear and pay on demand accompanied by an invoice or claim from National Grid the cost reasonably and properly 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 other than arising from any default of National Grid.

(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 or under its supervision will not (unless sub-paragraph (3) applies), excuse the undertaker from liability under the provisions of this 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 workman like manner or in a manner that does not accord with the approved plan.

(3) Nothing in sub-paragraph (1) shall impose any liability on the undertaker in respect of—

(a)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;

(b)any authorised works and/or any other works authorised by this Part of this Schedule carried out by National Grid as an assignee, transferee or lessee of the undertaker with the benefit of the Order pursuant to section 156 of the Planning Act 2008 or article 9 (consent to transfer benefit of the Order) subject to the proviso that once such works become apparatus (“new apparatus”), any authorised works yet to be executed and not falling within this sub-section 3(b) will be subject to the full terms of this Part of this Schedule including this paragraph 52; and/or

(c)any indirect or consequential loss of any third party (including but not limited to loss of use, revenue, profit, contract, production, increased cost of working or business interruption) arising from any such damage or interruption, which is not reasonably foreseeable;

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

(5) National Grid must, in respect of any matter covered by the indemnity given by the undertaker in this paragraph, at all times act reasonably and in the same manner as it would as if settling third party claims on its own behalf from its own funds.

(6) National Grid must use its reasonable endeavours to mitigate and to minimise any costs, expenses, loss, demands, and penalties to which the indemnity under this paragraph applies where it is within National Grid’s reasonable ability and control to do so and which expressly excludes any obligation to mitigate liability arising from third parties which is outside of National Grid’s control and if reasonably requested to do so by the undertaker National Grid must provide an explanation of how the claim has been minimised, where relevant.

(7) Not to commence construction (and not to permit the commencement of such construction) of the authorised works on any land owned by National Grid or in respect of which National Grid has an easement or wayleave for its apparatus or any other interest or to carry out any works within 15 metres of National Grid’s apparatus until the following conditions are satisfied—

(a)unless and until National Grid is satisfied acting reasonably (but subject to all necessary regulatory constraints) that the undertaker has first provided the acceptable security (and provided evidence that it shall maintain such acceptable security for the construction period of the authorised works from the proposed date of commencement of construction of the authorised works) and National Grid has confirmed the same to the undertaker in writing; and

(b)unless and until National Grid is satisfied acting reasonably (but subject to all necessary regulatory constraints) that the undertaker has procured acceptable insurance (and provided evidence to National Grid that it shall maintain such acceptable insurance for the construction period of the authorised works from the proposed date of commencement of construction of the authorised works) and National Grid has confirmed the same in writing to the undertaker.

(8) In the event that the undertaker fails to comply with paragraph 52(7) of this Part of this Schedule, nothing in this Part of this Schedule shall prevent National Grid from seeking injunctive relief (or any other equitable remedy) in any court of competent jurisdiction.

Enactments and agreements

53.  Save to the extent provided for to the contrary elsewhere in this Part of this Schedule or by agreement in writing between National Grid and the undertaker, nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and National Grid in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.

Co-operation

54.—(1) Where in consequence of the proposed construction of any part of the authorised works, the undertaker or National Grid requires the removal of apparatus under paragraph 48(2) or National Grid makes requirements for the protection or alteration of apparatus under paragraph 50, the undertaker shall 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 works and taking into account the need to ensure the safe and efficient operation of National Grid’s undertaking and National Grid shall use its best endeavours to co-operate with the undertaker for that purpose.

(2) For the avoidance of doubt whenever National Grid’s consent, agreement or approval is required in relation to plans, documents or other information submitted by the undertaker or the taking of action by the undertaker, it must not be unreasonably withheld or delayed.

Access

55.  If in consequence of the agreement reached in accordance with paragraph 47(1) or of 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.

Arbitration

56.  Save for differences or disputes arising under paragraph 48(2), 48(4) 49(1), 50 and 51 any difference or dispute arising between the undertaker and National Grid under this Part of this Schedule must, unless otherwise agreed in writing between the undertaker and National Grid, be determined by arbitration in accordance with article 84 (arbitration).

Notices

57.  The plans submitted to National Grid by the undertaker pursuant to paragraph 50(1) must be sent to National Grid Plant Protection at plantprotection@nationalgrid.com or such other address as National Grid may from time to time appoint instead for that purpose and notify to the undertaker in writing.

PART 6FOR THE PROTECTION OF ESSEX AND SUFFOLK WATER

58.  For the protection of Essex and Suffolk Water, the following provisions shall, unless otherwise agreed in writing between the undertaker and Essex and Suffolk Water, have effect.

59.  In this Part of this Schedule—

“Authority” has the meaning given in the Water Industry Act 1991;

“alternative apparatus” means alternative apparatus adequate to enable ESW to fulfil its statutory functions in not less efficient a manner than previously;

“apparatus” means any works, mains, pipes, wells, boreholes, tanks, service reservoirs, pumping stations (and any accessories to those items) or other apparatus, structures, tunnels, shafts or treatment works belonging to or maintained by ESW for the purposes of water supply and includes a water main, resource main or trunk main and any inspection chambers, wash-out pipes, pumps, ferrules or stopcocks for the main or works (within the meaning of section 219 of the Water Industry Act 1991);

“condition 1” means the satisfaction of the conditions set out in paragraphs 71 and 72;

“condition 2” means the satisfaction of the conditions set out in paragraphs 73, 74 and 75;

“domestic supply” has the meaning given in the Water Industry Act 1991;

“ESW” means Northumbrian Water Limited, t/a Essex and Suffolk Water, company number 02366703, whose registered office is at Northumbria House, Abbey Road, Pity Me, Durham, DH1 5FJ;

“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;

“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—

unless otherwise agreed;

“WINEP process” means the water industry national environment programme process which informs the Authority’s price review process for the period 2025 to 2030 (PR24); and

“WRMP 24” means Water Resource Management Plan 2024.

60.  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 ESW, such agreement not to be unreasonably withheld or delayed, and the existence of this paragraph 60 shall be brought to the attention of any agent or contractor responsible for carrying out any part of the authorised development on behalf of the undertaker.

61.  The alteration, extension, removal or re-location of any apparatus shall not be implemented until—

(a)any required permits under the Environmental Permitting (England and Wales) Regulations 2016 or other legislation and any other associated consents are obtained; and

(b)the undertaker has made the appropriate application under section 185 (duty to move pipes, etc.) of the Water Industry Act 1991 as may be required by that provision and has provided a plan and section of the works proposed to ESW and ESW has given the necessary consent or approval under that provision, 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 ESW for the alteration or otherwise for the protection of the apparatus, or for securing access to it.

62.  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 ESW 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.

63.  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 ESW to use, keep, inspect, renew and maintain its apparatus in the Order land, the undertaker must, with the agreement of ESW, create a new right to use, keep, inspect, renew and maintain the apparatus that is reasonably convenient for ESW, such agreement not to be unreasonably withheld or delayed.

64.  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 ESW to maintain or use the apparatus no less effectively than was possible before such obstruction.

65.  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 ESW and afforded the same protection as other ESW assets.

66.  If for any reason or in consequence of the construction of any of the works referred to in paragraphs 60 to 62 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 ESW, or there is any interruption in any service provided, or in the supply of any goods, by ESW, the undertaker must—

(a)bear and pay the cost reasonably incurred by ESW in making good any damage or restoring the supply; and

(b)make reasonable compensation to ESW for any other expenses, loss, damages, penalty or costs incurred by ESW, by reason or in consequence of any such damage or interruption.

67.  Any agreement or approval of ESW required under these provisions (including pursuant to paragraph 60, 61 and 63—

(a)must not be unreasonably withheld or delayed;

(b)is deemed to have been given if it is neither given nor refused within 42 days of the date of submission of a request for such agreement or approval, or, in the case of a refusal, if it is not accompanied by a statement of the grounds of refusal; and

(c)any request for agreement or approval of ESW required under these provisions must be sent to companysecretary@nwl.co.uk. or such other address as ESW may from time to time appoint instead for that purpose and notify to the undertaker in writing.

68.  Any dispute arising between the undertaker and ESW under this Part of this Schedule must be referred to and settled by arbitration under article 84 (arbitration) unless otherwise agreed in writing between the undertaker and ESW.

Water Industry Act 1991

69.  Unless otherwise agreed by ESW in its absolute discretion, the undertaker will not serve notice on ESW pursuant to section 41 or any other notice under the Water Industry Act 1991 in so far as it relates to domestic supply (or any equivalent provision with a similar effect consequential on non-household retail exit) in relation to the authorised development and hereby withdraws any such notice which the undertaker may have served on ESW prior to the coming into force of this Order.

Supply of potable water to the authorised development

70.  Subject to either condition 1 or condition 2 being satisfied, and subject to the terms and conditions of any agreement made under section 55 Water Industry Act 1991 or determination by the Authority under section 56 Water Industry Act 1991 (or any equivalent provisions with a similar effect), ESW will use its reasonable endeavours to supply the authorised development with—

(a)an annual average of 2.2 Ml/d of potable water; and

(b)a peak demand of 2.8 Ml/d of potable water,

as soon as reasonably practicable.

Condition 1

71.  The Environment Agency has confirmed the new annual licensed quantities of water for ESW’s River Waveney abstraction licence (7/34/19/*S/0108) and the Environment Agency’s Waveney Augmentation Groundwater Scheme abstraction licence.

72.  Following satisfaction of paragraph 71, ESW, acting reasonably, has confirmed to the undertaker that there is sufficient sustainable water resource in the Northern Central Water Resource Zone to meet forecast demand from its existing customers and forecast demand from its future customers, including demand from the undertaker for the authorised development.

Condition 2

73.  New supply schemes have been identified in ESW’s Water Resources Management Plan 2024 (WRMP24).

74.  Following satisfaction of paragraph 73, the Secretary of State for the Department for Environment, Food and Rural Affairs has granted permission for the publication of ESW’s final WRMP24.

75.  Following satisfaction of paragraph 74, the Authority has approved the required supply schemes from ESW’s approved WRMP24 in its Final Determinations for the 2024 Price Review.

PART 7FOR THE PROTECTION OF EDF ENERGY NUCLEAR GENERATION LIMITED

Application

76.  The provisions of this Part have effect unless otherwise agreed in writing between the undertaker and ENGL.

Interpretation

77.  In addition to article 2 (interpretation), the terms in this Part have the following meanings—

“ENGL” means EDF Energy Nuclear Generation Limited (company number 03076445);

“NSL” means a nuclear site licence granted by the Office for Nuclear Regulation in exercise of powers contained in sections 1(1), 3 and 4 of the Nuclear Installations Act 1965;;

“Service Media” means pipes, sewers, drains (including drainage ditches) underground and overhead electricity cables, busbars, telecommunications and fibre optic cables, mains, ducts, conduits, gutters, watercourses, wires, other cables, conducting media including any fixings, louvres, cowls and other covers, manholes, junction boxes and other ancillary works and mechanisms;

“Site” means any land within the Order Limits in which ENGL has a freehold or leasehold interest.

Acquisition of Land

78.—(1) Despite any provision of this Order or anything shown on the land plans or contained in the book of reference, the undertaker must not exercise any power—

(a)to appropriate, acquire, extinguish, interfere with or override any land or interests held by ENGL in the Site;

(b)to temporarily possess any order land located within any part of the Site;

(c)to grant new rights or impose restrictive covenants over the Site,

otherwise than by agreement with ENGL.

(2) Despite any provision of this Order or anything shown on the land plans or contained in the book of reference, the undertaker must not exercise any power to acquire, divert, interfere with or relocate apparatus or Service Media in the Site or which serves the Site otherwise than by agreement with ENGL.

(3) Despite any provision of this Order or anything shown on the Land Plans or contained in the Book of Reference, the undertaker must not exercise any power to appropriate, acquire, extinguish, interfere with or override any third-party interest in the Site without ENGL’s written consent, such consent not to be unreasonably withheld or delayed.

(4) Where the undertaker and ENGL agree under this paragraph that any land interest in the Site, or apparatus in the Site, may be acquired by agreement at a time when the NSL remains in force, such acquisition may only take place after the consent of the Office for Nuclear Regulation has first been obtained by ENGL where required in accordance with the NSL.

Apparatus and/or Service Media of ENGL in stopped up streets

79.  Without prejudice to the generality of any other protection afforded to ENGL elsewhere in the Order, where any street is stopped up under article 16 (permanent stopping up of streets, change of status, and extinguishment of private means of access), if ENGL has any apparatus and/or Service Media in the street or accessed via that street then it is entitled to the same rights in respects of such apparatus and/or Service Media as it enjoyed immediately before the stopping up, diversion or variation and the undertaker must grant to ENGL, or procure the granting to ENGL of equivalent rights to ENGL in respect of such apparatus and/or Service Media and access to it prior to the stopping up, diversion or variation of any such street or highway.

Article 5

80.  Neither the undertaker nor ENGL shall exercise any rights it may have to serve notice on the local planning authority pursuant to article 5 (effect of the Order on the Sizewell B relocated facilities permissions) without the written consent of the other.

Discharge or requirements

81.  Neither the undertaker or ENGL shall submit details for approval by the local planning authority pursuant to the requirements in Schedule 2 in relation to Work No. 1D or Work No. 1E without the approval of the other.

Service Media plan

82.  In respect of any grid works being carried out by National Grid, for the purpose of identifying the Service Media to which the provisions of this Part shall have effect, ENGL must if reasonably requested and to the extent that it is appropriate to do so (acting as a prudent nuclear operator) supply plans to National Grid identifying the location of any Service Media belonging to ENGL.

Enactments and agreements

83.  Save to the extent agreed in writing between ENGL and the undertaker, nothing in this Part affects the provisions of any enactment or agreement regulating the relations between the undertaker and ENGL.

Arbitration

84.  Any dispute arising between the undertaker and ENGL under this Part of this Schedule must be referred to and settled by arbitration under article 84 (arbitration) unless otherwise agreed in writing between the undertaker and ENGL.

PART 8FOR THE PROTECTION OF THE NUCLEAR DECOMMISSIONING AUTHORITY AND MAGNOX LIMITED

Application

85.  The provisions of this Part have effect unless otherwise agreed in writing between the undertaker and NDA and / or Magnox (as applicable).

Interpretation

86.  In addition to article 2 (interpretation), the terms in this Part have the following meanings—

“access road” means the private access road connecting the Magnox Site and NDA Site to the adopted highway (sizewell gap road) shown on the Access Road Plan;

“Access Road Plan” means the document certified as such by the Secretary of State under article 82 (certification of plans, etc) and identified in Schedule 23 for the purposes of this Order;

“alternative installations” means appropriate alternative installations to the satisfaction of NDA and / or Magnox (as applicable) to enable NDA and / or Magnox (as applicable) to fulfil its obligations under the Designating Directions and NSL in a manner not less efficient than previously;

“Designating Directions” mean the nuclear site directions in force in respect of any part of the NDA Site and made by the Secretary of State in exercise of the powers contained in sections 3, 4 and 16 of the Energy Act 2004;

“installation(s)” means any buildings, structures, cooling water infrastructure, services and any other uses and apparatus belonging to or maintained by or used by NDA or Magnox within the Site and / or the Rights Land as identified by NDA or Magnox (as applicable) in accordance with paragraph 99;

“in” in a context referring to apparatus in land includes a reference to apparatus across, under, over or upon land;

“Magnox” means Magnox Limited (Company No.02264251) and includes its successors in title, agents, assigns, officers, servants contractors or agents;

“Magnox Rights Land” means that part of the Order Land in which Magnox has a legal or beneficial interest including any easement, liberty, privilege, right, advantage or restrictive covenant but excluding a freehold or leasehold interest;

“Magnox Site” means that part of the Order Land in which Magnox has a freehold or leasehold interest;

“NDA” means the Nuclear Decommissioning Authority, a non-departmental public body established by the Energy Act 2004, and any successor body with responsibility for carrying out the same or similar statutory functions;

“NDA Rights Land” means that part of the Order Land in which NDA has a legal or beneficial interest including any easement, liberty, privilege, right, advantage or restrictive covenant but excluding a freehold or leasehold interest

“NDA Site” means that part of the Order Land in which NDA has a freehold or leasehold interest;

“NSL” means a nuclear site licence granted by the Office for Nuclear Regulation in exercise of powers contained in sections 1(1), 3 and 4 of the Nuclear Installations Act 1965;

“NSL Site” means those parts of the Site in respect of which an NSL is in force from time to time and means the nuclear site licence, as amended from time to time, for the Site granted by the Secretary of State in exercise of powers under sections 1(1), 3 and 4 of the Nuclear Installations Act 1965 on 28th November 1997 to Magnox;

“plans” includes sections, designs, design data, software, drawings, specifications, descriptions (including descriptions of methods of construction), method statements, soil reports, programmes, staging proposals and other supporting information that are reasonably necessary to properly and sufficiently describe the works to be executed;

“Rights Land” means the NDA Rights Land and the Magnox Rights Land;

“Site” means the NDA Site and the Magnox Site;

“specified works” means so much of any of the authorised development as is situated upon, across, under, or over the Site and / or the Rights Land or that are near to, or will or may in any way adversely affect the installations; and

“working days” has the same meaning as in article 2(1) (interpretation) of this Order.

Acquisition of Land and Installations

87.—(1) Despite any provision of this Order or anything shown on the land plans or contained in the book of reference, the undertaker must not—

(a)exercise any power to acquire any part of the Site, or any right, interest, or installations in the Site, or override any easement or other interest in the Site or extinguish any right or suspend any right of NDA and / or Magnox (as applicable) in the Site or impose any restrictions in the Site otherwise than by agreement with NDA and / or Magnox (as applicable) and—

(i)only once the Designating Directions in respect of the relevant part of the NDA Site have been modified or revoked to the satisfaction of NDA by the Secretary of State in accordance with section 5 of the Energy Act 2004;

(ii)subject to sub-paragraph (3), only once the NSL in respect of the relevant part of the NSL Site has been surrendered by Magnox or revoked by the Office for Nuclear Regulation; and

(iii)where required by NDA and / or Magnox, the undertaker has first provided an alternative installation pursuant to this Part; and

(iv)where required by NDA and /or Magnox, the undertaker has first provided an alternative, equivalent right, interest, easement or other interest pursuant to this Part,

to ensure the continued decommissioning of the NSL Site and the continued compliance by NDA and / or Magnox of their respective statutory requirements.

(b)exercise any power to temporarily possess any order land located within the Site otherwise than by agreement with NDA and / or Magnox (as applicable).

(2) Despite any provision of this Order or anything shown on the land plans or contained in the book of reference, the undertaker must not exercise any power to acquire any installations in the Rights Land, or acquire any right or interest of NDA and/or Magnox (as applicable) in the Rights Land, or override any easement or other interest of NDA and / or Magnox (as applicable) in the Rights Land or extinguish any right or suspend any right of NDA and/or Magnox (as applicable) in the Rights Land otherwise than by agreement with NDA and / or Magnox (as applicable) and only:

(a)where required by NDA and / or Magnox, the undertaker has first provided an alternative installation pursuant to this Part; and /or

(b)where required by NDA and / or Magnox the undertaker has first provided an alternative, equivalent right, interest, easement or other interest pursuant to this Part,

to ensure the continued decommissioning of the NSL Site and the continued compliance by NDA and / or Magnox of their respective statutory requirements.

(3) Where the undertaker and NDA and / or Magnox (as applicable) agree under this paragraph that any land interest in the NSL Site, or installations in the NSL Site, may be acquired by agreement at a time when the NSL remains in force, such acquisition may only take place after the consent of the Office for Nuclear Regulation has first been obtained by Magnox in accordance with the NSL.

Right of access

88.—(1) The undertaker must not stop up in whole or in part the access road or extinguish in whole or in part any right of NDA and / or Magnox (as applicable) along the access road unless and until:

(a)an equivalent replacement access has been agreed by the undertaker and NDA and / or Magnox (as applicable) (such agreement not to be unreasonably withheld or delayed); and

(b)such replacement access has been put in place to the reasonable satisfaction of NDA and / or Magnox (as applicable) and in accordance with all safety and emergency response requirements; and

(c)NDA and / or Magnox (as applicable) has/have been granted the same rights in respect of the replacement access as NDA and / or Magnox (as applicable) enjoyed immediately before the stopping up or extinguishment of the access road.

(2) The undertaker must ensure that a full right of access for all emergency, operational and user purposes is maintained at all times by means of the access road or replacement access as set out in sub-paragraph (1).

Removal of Installations and Execution of Specified Works

89.  If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any installation is located or placed, that installation must not be removed under this Part or under any other statutory power, and any right of NDA and / or Magnox (as applicable) to use, access, maintain, or renew installations on, in or over that land must not be extinguished until either alternative installations have been constructed in accordance with paragraph 105 of this Part and are in operation to the reasonable satisfaction of NDA and / or Magnox (as applicable) or NDA and / or Magnox (as applicable) provides its written consent (such agreement not to be unreasonably withheld or delayed) to removal without alternative installations being required, constructed or in operation.

90.—(1) Not less than 56 working days before the intended removal of installations and construction of alternative installations or execution of specified works, the undertaker must supply to NDA and / or Magnox (as applicable) plans of the works to be executed for the reasonable approval of NDA and / or Magnox (as applicable) and the removal of installations, construction of alternative installations and / or the execution of specified works must not be commenced except in accordance with plans approved in writing by NDA and / or Magnox (as applicable) or settled by arbitration under article 84 (arbitration) of this Order.

(2) The approval of NDA and / or Magnox (as applicable) must not be unreasonably withheld or delayed and NDA and / or Magnox (as applicable) must indicate its approval or disapproval of the plans submitted under sub-paragraph (1) within—

(a)a period of 56 working days beginning with the day immediately following that on which the plans are received by NDA and / or Magnox (as applicable);

(b)a period of 56 working days beginning with the day immediately following that on which the further information has been supplied in full by the undertaker following a request from NDA and / or Magnox (as applicable) under paragraph 91; or

(c)such longer period than 56 working days in sub-paragraph (a) or (b) as may be agreed in writing by the undertaker and NDA and / or Magnox (as applicable) before the end of such 56 day period.

(3) Any approval of NDA and / or Magnox (as applicable) under this paragraph may be provided subject to such requirements as NDA and / or Magnox (as applicable) considers reasonable.

(4) The removal of installations, construction of alternative installations or the execution of specified works must be executed only in accordance with the plans submitted and approved by NDA and / or Magnox (as applicable) under this paragraph and in accordance with such reasonable requirements of NDA and / or Magnox (as applicable) and NDA and / or Magnox (as applicable) is entitled to watch and inspect the execution of those works, and the undertaker must supply NDA and / or Magnox (as applicable) with any additional information concerning such works as NDA or Magnox may reasonably require.

(5) Where NDA and / or Magnox (as applicable) requires any protective works under sub-paragraph (3) to be carried out either by itself or by the undertaker (whether of a permanent or temporary nature), the protective works must be carried out to NDA and / or Magnox’s (as applicable) reasonable satisfaction prior to the carrying out of the specified works.

(6) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 56 working days before commencing the execution of any works, new plans instead of the plans previously submitted, and having done so the provisions of this paragraph apply again in respect of the new plans.

91.—(1) Following receipt of plans under paragraph 90 of this Part, NDA and / or Magnox (as applicable) may request such reasonable further information from the undertaker as is necessary to enable it to consider the plans.

(2) Any request under sub-paragraph (1) must be made within a period of 28 working days beginning with the day immediately following that on which the plans are received by NDA and / or Magnox (as applicable).

Expenses

92.  Subject to paragraph 93 of this Part, the undertaker must pay to NDA and / or Magnox (as applicable) the proper and reasonable expenses reasonably incurred by NDA and / or Magnox (as applicable) in, or in connection with, the inspection, alteration or protection of any installations and approvals, provided NDA and / or Magnox (as applicable) has obtained the undertaker’s prior approval for any such expenditure (not to be unreasonably withheld or delayed).

93.  NDA and / or Magnox (as applicable) is not required to seek the undertaker’s prior approval pursuant to paragraph 92 and 95 of this Part for expenditure required in the case of an emergency but in that case NDA and / or Magnox (as applicable) must give to the undertaker notice of any such expenditure as soon as is reasonably practicable.

94.  In paragraph 93 of this Part “emergency” means works whose execution at the time when they are executed are required in order to put an end to or to prevent the occurrence of circumstances then existing or imminent (or which the person responsible for the works believes on reasonable grounds to be existing or imminent) which are likely to cause danger to persons or property.

Indemnity

95.—(1) Subject to sub-paragraph (3), if by reason, or in consequence, of the construction, use, existence, operation or failure of any specified works or in consequence of the construction, use, existence, operation, maintenance or failure of any of the authorised development by or on behalf of the undertaker or in any consequence of any act or default of the undertaker (or any person employed or authorised by the undertaker) in the course of carrying out such works, any damage is caused to any installations or property of NDA and / or Magnox (as applicable), or to operations, or there is any interruption in any service provided to NDA and / or Magnox (as applicable) or by NDA and / or Magnox (as applicable), or in the supply of any goods to NDA and / or Magnox (as applicable) or by NDA and / or Magnox (as applicable) or NDA and / or Magnox (as applicable) becomes liable to pay any amount to any third party, the undertaker must—

(a)subject to paragraph 93, bear and pay on demand the proper and reasonable costs reasonably and properly incurred by NDA and / or Magnox (as applicable) in making good such damage or restoring operations, services or supply provided NDA and / or Magnox (as applicable) has obtained the undertaker’s prior approval for any such costs incurred (not to be unreasonably withheld or delayed); and

(b)indemnify NDA and / or Magnox (as applicable) for any other expenses, loss (whether direct or indirect and including losses of an economic nature), demands, proceedings, damages, claims penalty or costs incurred by or recovered from NDA and / or Magnox (as applicable) by reason or in consequence of any such damage or interruption or NDA and / or Magnox (as applicable) becoming so liable to any third party as aforesaid other than arising from any default of NDA and / or Magnox (as applicable).

(2) The fact that any act or thing may have been done by either NDA or Magnox on behalf of the undertaker or in accordance with a plan approved by NDA and / or Magnox (as applicable) or in accordance with any requirement of NDA and / or Magnox (as applicable) or its supervision does not (subject to sub-paragraph (3)) excuse the undertaker from liability under sub-paragraph (1) unless NDA and / or Magnox (as applicable) fails to carry out and execute the works properly with due care and attention and in a skilful and workman like manner or in a manner that does not accord with the approved plan or as otherwise agreed between the undertaker and NDA and / or Magnox (as applicable) in writing.

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

(4) NDA and / or Magnox (as applicable) must give the undertaker reasonable written notice (being not less than 28 working days) of any claim or demand and, subject to sub-paragraph (5), NDA and / or Magnox (as applicable) may decide whether or not to pass conduct of any proceedings necessary to rest the claim or demand to the undertaker.

(5) Where NDA and / or Magnox (as applicable) decides—

(a)to retain conduct of any proceedings necessary to rest the claim or demand, NDA and / or Magnox (as applicable) must consult with the undertaker and have due regard to the undertakers’ representations as to how the proceedings are to be conducted and no settlement, admission of liability or compromise may be made without the consent of the undertaker (not to be unreasonably withheld or delayed);

(b)to pass conduct of any proceedings necessary to rest the claim or demand to the undertaker, the undertaker must consult with NDA and / or Magnox (as applicable) and have due regard to NDA and / or Magnox’s representations (as applicable) as to how the proceedings are to be conducted and no settlement, admission of liability or compromise may be made without the consent of NDA and / or Magnox (as applicable) (not to be unreasonably withheld or delayed).

(6) Neither NDA, Magnox nor the undertaker may make any public statement relating to any claim or demand or any settlement or compromise that may be made in respect of any claim or demand without the consent of NDA, Magnox or the undertaker (as applicable).

(7) NDA and / or Magnox (as applicable) must, in respect of any matter covered by the indemnity given by the undertaker in this paragraph, at all times act reasonably and in the same manner as it would as if settling third party claims on its own behalf from its own funds.

(8) NDA and / or Magnox (as applicable) must use its reasonable endeavours to mitigate and to minimise any costs, expenses, losses, demands, and penalties to which the indemnity under this paragraph applies where it is within NDA and / or Magnox (as applicable)’s reasonable ability and control to do so and, if reasonably requested to do so by the undertaker, NDA and / or Magnox (as applicable) must provide an explanation of how the claim has been minimised, where relevant.

Enactments and agreements

96.  Nothing in this Part affects the provisions of any enactment or agreement regulating the relations between the undertaker and either NDA or Magnox (as applicable) in respect of any installations located at or providing access into the Site or Rights Land on the date on which this Order is made.

Co-operation

97.  The undertaker must not exercise any power under this Order which would interfere with the ability for NDA and Magnox to facilitate the decommissioning and delicensing of the NSL Site, and fulfilment of any statutory requirements, unless otherwise agreed in writing between the NDA and / or Magnox (as applicable) and the undertaker.

Arbitration

98.  Any dispute arising between the undertaker and NDA and / or Magnox (as applicable) under this Part of this Schedule must be referred to and settled by arbitration under article 84 (arbitration) unless otherwise agreed in writing between the undertaker and NDA and / or Magnox (as applicable).

Installation(s) plan

99.  For the purpose of identifying the installations to which the provisions of this Part shall have effect, NDA and / or Magnox (as applicable) must supply plans identifying the location of any buildings, structures, cooling water infrastructure, services, pipelines and any other uses and apparatus belonging to or maintained by or used by NDA or Magnox, such plans to be updated and notified to the undertaker from time to time.

PART 9FOR THE PROTECTION OF EAST ANGLIA ONE NORTH LIMITED

Application

100.  For the protection of EA1N the following provisions of this Part of this Schedule have effect unless otherwise agreed in writing between the undertaker and EA1N.

Interpretation

101.  In this Part of this Schedule—

“EA1N” means East Anglia ONE North Limited (company number 11121800);

“EA1N Order Limits Interaction – Offshore Plan” means the document certified as such by the Secretary of State as such under article 82 (certification of plans, etc); and

“EA1N Sizewell Gap Transport Interaction Plan” means the document certified as such by the Secretary of State as such under article 82 (certification of plans, etc).

Interaction at Sizewell Gap

102.  The undertaker shall consult with EA1N in the formulation of the proposed method of working and timing of execution of—

(a)works within the area labelled “transport area of interaction” and shaded orange on the EA1N Sizewell Gap Transport Interaction Plan (Drawing No. SZC-SZ0100-XX-000-DRW-100290); and

(b)works which may affect the highway within the area labelled “transport area of interaction”,

prior to any works comprised within Work No. 1A or Work No. 1C commencing within the area labelled “transport area of interaction”.

Interaction at Snape Road

103.  The undertaker shall consult with EA1N in the formulation of the proposed method of working and timing of execution of works within the area of Work No. 16, prior to Work No. 16 commencing.

Interaction at Friday Street

104.  The undertaker shall consult with EA1N in the formulation of the proposed method of working and timing of execution of works within the highway comprised within Work Nos. 11A and 11B and any works which may affect the highway within Work Nos. 11A and 11B, prior to Work Nos. 11A and 11B commencing.

Sizewell C proposed intake infrastructure

105.—(1) Save for urgent reasons of vessel safety and subject to sub-paragraph (2), the undertaker shall not carry out any of the authorised development (including the placement temporary or otherwise of anchors or moorings) within the area labelled “Overlap of Sizewell C Order limits with East Anglia ONE North Order limits” and hatched purple on the EA1N Order Limits Interaction – Offshore Plan (Drawing No. SZC-SZ0100-XX-000-DRW-100288) without having first submitted to and secured approval from EA1N details of the proposed method of working within these areas (such approval not to be unreasonably withheld or delayed) and thereafter the undertaker shall implement the authorised project in full accordance with such approved details.

(2) Nothing in this paragraph shall prevent the passage of vessels within the area specified in sub-paragraph (1) prior to the construction of any works within that location by EA1N at any time.

Acquisition of land

106.  Regardless of any provision in this Order or anything shown on the land plans or contained in the book of reference to the Order, the undertaker must not, to the extent that the exercise of such powers relates to the carrying out of Work Nos. 1A, 1C, 11A, 11B or 16, acquire any land interest or rights or impose restrictive covenants over land belonging to EA1N and may not override or extinguish any easement and/or other rights or interests of EA1N otherwise than by agreement.

Arbitration

107.  Any difference or dispute arising between EA1N and the undertaker must, unless otherwise agreed in writing between EA1N and the undertaker, be determined by arbitration in accordance with article 84 (arbitration) of the Order.

PART 10PROTECTION OF EAST ANGLIA TWO LIMITED

Application

108.  For the protection of EA2 the following provisions of this Part of this Schedule have effect unless otherwise agreed in writing between the undertaker and EA2.

Interpretation

109.  In this Part of this Schedule—

“EA2” means East Anglia TWO Limited (company number 11121842);

“EA2 Order Limits Interaction – Offshore Plan” means the document certified as such by the Secretary of State as such under article 82 (certification of plans, etc); and

“EA2 Sizewell Gap Transport Interaction Plan” means the document certified as such by the Secretary of State as such under article 82 (certification of plans, etc).

Interaction at Sizewell Gap

110.  The undertaker shall consult with EA2 in the formulation of the proposed method of working and timing of execution of—

(a)works within the area labelled “transport area of interaction” and shaded orange on the EA2 Sizewell Gap Transport Interaction Plan (Drawing No. SZC-SZ0100-XX-000-DRW-100291); and

(b)works which may affect the highway within the area labelled “transport area of interaction”,

prior to any works comprised within Work No. 1A or Work No. 1C commencing within the area labelled “transport area of interaction”.

Interaction at Snape Road

111.  The undertaker shall consult with EA2 in the formulation of the proposed method of working and timing of execution of works within the area of Work No. 16, prior to Work No. 16 commencing.

Interaction at Friday Street

112.  The undertaker shall consult with EA2 in the formulation of the proposed method of working and timing of execution of works within the highway comprised within Work Nos. 11A and 11B and any works which may affect the highway within Work Nos. 11A and 11B, prior to Work Nos. 11A and 11B commencing.

Sizewell C proposed intake infrastructure

113.—(1) Save for urgent reasons of vessel safety and subject to sub-paragraph (2), the undertaker shall not carry out any of the authorised development (including the placement temporary or otherwise of anchors or moorings) within the area labelled “Overlap of Sizewell C Order limits with East Anglia TWO Order limits” and hatched purple on the EA2 Order Limits Interaction – Offshore Plan (Drawing No. SZC-SZ0100-XX-000-DRW-100289) without having first submitted to and secured approval from EA2 details of the proposed method of working within these areas (such approval not to be unreasonably withheld or delayed) and thereafter the undertaker shall implement the authorised project in full accordance with such approved details.

(2) Nothing in this paragraph shall prevent the passage of vessels within the area specified in sub-paragraph (1) prior to the construction of any works within that location by EA2 at any time.

Acquisition of land

114.  Regardless of any provision in this Order or anything shown on the land plans or contained in the book of reference to the Order, the undertaker must not, to the extent that the exercise of such powers relates to the carrying out of Work Nos. 1A, 1C, 11A, 11B or 16, acquire any land interest or rights or impose restrictive covenants over land belonging to EA2 and may not override or extinguish any easement and/or other rights or interests of EA2 otherwise than by agreement.

Arbitration

115.  Any difference or dispute arising between EA2 and the undertaker must, unless otherwise agreed in writing between EA2 and the undertaker, be determined by arbitration in accordance with article 84 (arbitration) of the Order.

Article 54

SCHEDULE 20Limits of Harbour

The limits of the harbour within which the undertaker must exercise jurisdiction as the harbour authority and within which the powers of the harbour master are exercisable must be the area bounded by an imaginary line commencing at the shore north of the authorised development at 52°14’0’’, 1° 37’ 37’’, then extending in a straight line to a point at 52°14’0’’, 1° 41’ 0’’, then extending in a straight line to a point at 52° 12’ 0’’, 1° 41’ 0’’, then extending in a straight line due west to the coast to a point at 52° 12’ 0’’, 1° 37’ 20.8, then following the level of Highest Astronomical Tide (HAT) to the point at 52°14’0’’, 1° 37’ 37’’. Discrete lines of latitude and longitude have been chosen as these are easier for mariners to use in the absence of any suitable landmarks.

Article 77

SCHEDULE 21Deemed Marine Licence under Part 4 (Marine Licensing) of the Marine and Coastal Access Act 2009

PART 1INTRODUCTION

Interpretation

1.  In this licence—

“the 2009 Act” means the Marine and Coastal Access Act 2009;

“ANMP” means the Aids to Navigation Management Plan;

“BLF” means Beach Landing Facility;

“business day” means a day other than a Saturday or a Sunday, which is not Christmas Day, Good Friday or a bank holiday under section 1 (bank holidays) of the Banking and Financial Dealings Act 1971;

“business hours” means the period from 09:00 until 17:00 on any business day;

“capital dredging” means an activity which comprises the excavation of the seabed, in an area or down to a level (relative to Ordnance Datum) not previously dredged during the preceding 10 years, and “capital dredge” is to be construed accordingly;

“Close Out” means the requirements as set out in the UK Marine Noise Registry Information Document Version 1 (July 2015) as amended, updated or superseded from time to time;

“CDO” means the Combined Drainage Outfall;

“commence” means beginning to carry out any licensed activity or any phase of licensed activity and “commenced” and “commencement” are to be construed accordingly;

“condition” means a condition under Part 3 of this licence;

“CPMMP (marine)” means the Coastal Processes Monitoring and Mitigation Plan;

“Draft Coastal Processes Monitoring and Mitigation Plan” means the document certified as such by the Secretary of State under article 82 (certification of plans, etc.) of the Order;

“Draft Fish Impingement and Entrainment Monitoring Plan” means the document certified as such by the Secretary of State under article 82 (certification of plans, etc.) of the Order;

“Draft Marine Mammal Mitigation Protocol” means the document certified as such by the Secretary of State under article 82 (certification of plans, etc.) of the Order;

“Draft Sabellaria Reef Management and Monitoring Plan” means the document certified as such by the Secretary of State under article 82 (certification of plans, etc.) of the Order;

“Draft Site Integrity Plan” means the document certified as such by the Secretary of State under article 82 (certification of plans, etc.) of the Order;

“environmental information” means the Environmental Statement and any “further information” as defined in the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 relating to the application for development consent in respect of the marine works;

“Environmental Statement” means the document certified as such by the Secretary of State under article 82 (certification of plans, etc.) of the Order;

“FIEMP” means the Fish Impingement and Entrainment Monitoring Plan;

“FLCP” means the Fisheries Liaison and Co-existence Plan;

“Forward Look” means the requirements as set out in the UK Marine Noise Registry Information Document Version 1 (July 2015) as amended, updated or superseded from time to time;

“FRR” means the Fish Recovery and Return System;

“HCDF” means Hard Coastal Defence Feature;

“IMO” means the International Maritime Organisation;

“JNCC” means the Joint Nature Conservation Committee;

“LAT” means Lowest Astronomical Tide;

“licensable marine activities” means any activity licensable under section 66 of the 2009 Act including those set out in paragraph 4;

“licensed activity” means any activity authorised in Part 2 of this licence and “licensed activities” shall be construed accordingly;

“licence return” means returns linked to the specific conditions within this licence on MCMS;

“LiDAR” means light detection and ranging;

“LVSE” means Low Velocity, Side-Entry;

“maintain” includes inspect, repair, adjust, alter, clear, refurbish, remove or reconstruct, replace and improve provided such works do not give rise to any materially new or materially different environmental effects to those identified in the environmental information and any derivation of “maintain” is to be construed accordingly;

“MAP” means the Maintenance Activities Plan;

“Marine Noise Registry” means the database developed and maintained by JNCC on behalf of the Department for Food and Rural Affairs to record the spatial and temporal distribution of impulsive noise generating activities in UK seas;

“maintenance dredge” means any activity which comprises the removal of recently-accumulated sediments such as mud, sand and gravel in order to keep channels, berths and other areas at their designed depths and which takes place in circumstances where—

“Marine Noise Registry” means the database developed and maintained by JNCC on behalf of the Department for Food and Rural Affairs to record the spatial and temporal distribution of impulsive noise generating activities in UK seas;

“marker buoy” means any floating device used for marker or navigation purposes, including LiDAR buoys and wave buoys;

“MAWSI” means marine archaeological written scheme of investigation;

“MCA” means the Maritime and Coastguard Agency, being the executive agency of the Department for Transport which is the body responsible for implementing British and international maritime law and safety policy;

“MCMS” means MMO’s online system for submission of marine licence applications and management of consented marine licences, including the submission of condition returns;

“MEMP” means Marine Environmental Monitoring Plan;

“MHWS” means the highest level which spring tides reach on average over a period of time;

“MMMP” means Marine Mammal Mitigation Protocol;

“MMO” means Marine Management Organisation;

“Notice to Mariners” means a notice issued by the undertaker to mariners to inform them of issues that affect the safety of navigation;

“Order” means the Sizewell C (Nuclear Generating Station) Order 2022;

“OSPAR” means the Convention for the Protection of the Marine Environment of the North-East Atlantic;

“Outline Vessel Management Plan” means the document certified as such by the Secretary of State under article 82 (certification of plans, etc.) of the Order;

“PWWC” means the Passive Wedge-Wire Cylinder;

“SCDF” means the Soft Coastal Defence Feature;

“SIP” means the Site Integrity Plan;

“SMP” means Smelt Monitoring and Mitigation Plan;

“SRMMP” means Sabellaria Reef Management and Monitoring Plan;

“SSP” means Sediment Sampling Plan;

“TBM” means tunnel boring machine;

“TMBIF” means Temporary Marine Bulk Import Facility;

“Trinity House” means the Corporation of Trinity House of Deptford Strond;

“undertaker” means NNB Generation Company (SZC) Limited (company number 09284825) or any person who has the benefit of the Order in respect of any of the licenced activities in accordance with articles 8 (benefit of Order) and 9 (consent to transfer benefit of the Order) of the Order;

“VMP” means the Vessel Management Plan;

“Work No. 1A(aa)” means the Work with this reference in Schedule 1 (Authorised Development) of the Order, being the TMBIF;

“Work No. 1A(l)” means the Work with this reference in Schedule 1 (Authorised Development) of the Order, being the permanent BLF;

“Work No. 1A(m)” means the Work with this reference in Schedule 1 (Authorised Development) of the Order, being the SCDF;

“Work No. 2A” means the Work with this reference in Schedule 1 (Authorised Development) of the Order, being the intake tunnel for Unit 1;

“Work No. 2B” means the Work with this reference in Schedule 1 (Authorised Development) of the Order, being the two intake heads for Unit 1 including vertical shafts;

“Work No. 2C” means the Work with this reference in Schedule 1 (Authorised Development) of the Order, being the intake tunnel for Unit 2;

“Work No. 2D” means the Work with this reference in Schedule 1 (Authorised Development) of the Order, being the two intake heads for Unit 2 including vertical shafts;

“Work No. 2E” means the Work with this reference in Schedule 1 (Authorised Development) of the Order, being the outfall tunnel common to both Unit 1 and Unit 2;

“Work No. 2F” means the Work with this reference in Schedule 1 (Authorised Development) of the Order, being the two outfall heads including vertical shafts common to both Unit 1 and Unit 2;

“Work Nos. 2G and 2H” means the Works with this reference in Schedule 1 (Authorised Development) of the Order, being the fish return tunnel and associated outfall head for Unit 1;

“Work Nos. 2I and 2J” means the Works with this reference in Schedule 1 (Authorised Development) of the Order, being the fish return tunnel and associated outfall head for Unit 2;

“Work Nos. 2K and 2L” means the Works with this reference in Schedule 1 (Authorised Development) of the Order, being the CDO tunnel and associated head structure and shaft;

“Work Nos. 2M and 2N” means the Works with this reference in Schedule 1 (Authorised Development) of the Order, being the temporary desalination plant intake tunnel and associated head structure and shaft; and

“Work Nos. 2O and 2P” means the Works with this reference in Schedule 1 (Authorised Development) of the Order, being the temporary desalination plant outfall tunnel and associated diffusers and shaft.

Addresses

2.—(1) Unless otherwise advised in writing by the MMO, the address for postal correspondence with the MMO for the purposes of this licence is the Marine Management Organisation, Marine Licensing Team, Lancaster House, Hampshire Court, Newcastle upon Tyne NE4 7YH, telephone 0300 123 1032 and, unless otherwise advised in writing, where contact to the local MMO office is required, the following contact details must be used: Marine Management Organisation, Pakefield Road, Lowestoft, Suffolk NR33 0HT, telephone 01502 573 149.

(2) Unless otherwise advised in writing by the MMO, the address for electronic communication with the MMO for the purposes of this licence is marine.consents@marinemanagement.org.uk or where contact to the local MMO office is required is lowestoft@marinemanagement.org.uk.

(3) Unless otherwise advised in writing by the MMO, MCMS must be used for all licence returns or applications to vary this licence. The MCMS address is: https://marinelicensing.marinemanagement.org.uk/mmofox5/fox/live/MMO_LOGIN/login.

(4) Unless otherwise advised in writing by Trinity House, the primary point of contact and address for returns and correspondence with Trinity House for the purposes of this licence is Trinity House, Tower Hill, London EC3N 4DH, telephone 020 7481 6900.

(5) Unless otherwise advised in writing by the MCA, the address for electronic communication with the MCA for the purposes of this licence is navigationsafety@mcga.gov.uk.

(6) Unless otherwise advised in writing by the Hydrographic Office, the address for electronic communication with the Hydrographic Office for the purposes of this licence is sdr@ukho.gov.uk.

(7) Unless otherwise advised in writing by the Kingfisher Information Service of Seafish, the address for electronic communication with the Kingfisher Information Service of Seafish for the purposes of this licence is kingfisher@seafish.co.uk.

(8) Unless otherwise advised by the recipient in writing, all notifications required by this licence must be made in writing.

PART 2LICENSED ACTIVITIES - GENERAL

3.  The provisions of section 72 of the 2009 Act apply to this licence.

4.—(1) Subject to the licence conditions in Part 3 of this licence, this licence authorises the undertaker to carry out any licensable marine activities under section 66(1) of the 2009 Act which—

(a)are not exempt from requiring a marine licence by virtue of any provision made under section 74 of the 2009 Act; and

(b)do not give rise to any materially new or materially different environmental effects to those assessed in the environmental information.

(2) Such activities (referred to in paragraph 4(1)) are authorised in relation to the construction, maintenance and operation of—

(a)Work No. 1A(l) — a permanent BLF comprising—

(i)up to 24no supporting piles (16no below MHWS) of up to 1.0m diameter;

(ii)a deck up to 100m long and 12m wide with removable deck panels;

(iii)2no fender piles and 2no mooring dolphins of up to 2.5m diameter;

(iv)removable road bed sections to span between the supporting piles;

(v)berthing mattress, comprising pre-cast concrete pads connected together with metal wire (or similar) and pinned to the seabed with up to 25 small bore piles to form a berthing area of up to 100m long by 30m wide;

(vi)surface and navigational lighting;

(vii)capital dredge, not exceeding 4,600m³, for installation of berthing mattress within coordinates listed in Part 4 (Table 2);

(viii)capital dredge, not exceeding 4,600m³, for navigation channel within coordinates listed in Part 4 (Table 2);

(ix)maintenance dredge of berthing mattress, not exceeding 460m³ per month, within coordinates listed in Part 4 (Table 2); and

(x)maintenance dredge, not exceeding 460m³ per month, of navigation channel within coordinates listed in Part 4 (Table 2) for occasional deliveries during construction of the power station;

(xi)removal of the berthing mattress;

(xii)maintenance dredge of berth bed and navigation channel, not exceeding 9,255m³ every 5 years, within coordinates listed in Part 4 (Table 2) for occasional deliveries during operation of the power station; and,

(xiii)maintenance dredge of navigation channel, not exceeding 925m³ per week during use of the BLF, within coordinates listed in Part 4 (Table 2) for occasional deliveries during operation of the power station.

(b)Work No. 1A(aa) — a TMBIF comprising—

(i)a pier with up to 80no supporting piles (68no below MHWS) of up to 1.2m diameter supporting a covered conveyor and access road up to 468m long and 12m wide;

(ii)a head with 24no vertical piles and 6no raking piles of up to 1.2m diameter, aggregates conveyor head, service deck and welfare facilities, combined area up to 40m long and 2m wide;

(iii)2no fender piles and 2no mooring dolphins of up to 2.6m diameter;

(iv)surface and navigational lighting; and

(v)removal of the TMBIF prior to operation of Sizewell C.

(c)Work No 1A(m) – a SCDF comprising—

(i)the initial placement of sacrificial sediments comprising sand and shingle not in exceedance of 120,000m³;

(ii)replacement of sacrificial sediments with similar sand and shingle, or by-pass (movement of accreted sediment alongshore past obstructions), as defined in the CPMMP (marine) but not to exceed 570.000m³ over the duration of this licence; and

(iii)supporting vessel and vehicle movements to deliver, by-pass and/or landscape the material;

(d)Work No. 2A – a Cooling Water Intake Tunnel (Unit 1) comprising—

(i)tunnel, drilled by a TBM, of an internal diameter of up to 6m and a length up to 3.5km and up to 35m below the seabed at its lowest point; and

(ii)disposal of the TBM at a sealed point beyond the end of the intake tunnel following removal of most parts and oils;

(e)Work No. 2B – Cooling Water LVSE Intake Heads and Shaft (Unit 1) comprising—

(i)capital dredging, not exceeding 17,400m³ at each location, within the coordinates listed in Part 4 (Table 3) to prepare the site for construction;

(ii)disposal of dredged material locally, within 500m from the dredge site at a suitable location within the “Sizewell C” disposal site presented in Part 4 (Table 10);

(iii)two concrete LVSE intake heads, of up to 57m long x 20m wide x 10m high and spaced between 100m and 200m apart, each connecting to a vertical shaft;

(iv)placement of gravel bed, backfill and anti-scour material, not exceeding 7,000m³, at the base of each LVSE intake head structure;

(v)two vertical shafts, with concrete linings, of up to 4.6m internal diameter and up to 20m deep linking the intake heads to the intake tunnel;

(vi)placement of navigational marker buoys;

(vii)disposal of drilled material from installation of the shafts, not exceeding 1,508m³, at a suitable location within the “Sizewell C” disposal site presented in Part 4 (Table 10); and

(viii)additional supporting works including the use of a jack-up vessel, auxiliary vessels and temporary marker buoys;

(f)Work No. 2C – a Cooling Water Intake Tunnel (Unit 2) comprising—

(i)tunnel, drilled by a TBM of an internal diameter of 6m and a length of up to 3.5km and up to 35m below the seabed at its lowest point; and

(ii)disposal of the TBM at a sealed point beyond the end of the intake tunnel following removal of most parts and oils;

(g)Work No. 2D – Cooling Water LVSE Intake Heads and Shaft (Unit 2) comprising—

(i)capital dredging, not exceeding 17,400m³ at each location, within the coordinates listed in Part 4 (Table 4) to prepare the site for construction;

(ii)disposal of dredged material locally, within 500m from the dredge site at a suitable location within the “Sizewell C” disposal site presented in Part 4 (Table 10);

(iii)two concrete LVSE intake heads, of up to 57m long x 20 m wide x 10m high and spaced between 100m to 200m apart, each connecting to a vertical shaft;

(iv)placement of gravel bed, backfill and anti-scour material, not exceeding 7,000m³, at the base of each intake head structure;

(v)two vertical shafts, with concrete linings, of up to 4.6m internal diameter and up to 20m deep linking the intake heads to the intake tunnel;

(vi)placement of navigational marker buoys;

(vii)disposal of drilled material from installation of the shafts, not exceeding 1,508m³, at a suitable location within the area presented in Part 4 (Table 10); and

(viii)additional supporting works including the use of a jack-up vessel, auxiliary vessels and temporary marker buoys;

(h)Work No. 2E – a Cooling Water Outfall Tunnel (common to Units 1 and 2) comprising—

(i)tunnel, drilled by a TBM, of an internal diameter of 8m and length up to 3.5km and up to 35m below the seabed at its lowest point; and

(ii)disposal of the TBM at a sealed point beyond the end of the intake tunnel following removal of most parts and oils;

(i)Work No. 2F – a Cooling Water Outfall Head and Shaft (common to Units 1 and 2) comprising—

(i)capital dredging, not exceeding 11,750m³ at each location, within the coordinates listed in Part 4 (Table 5) to prepare the site for construction;

(ii)disposal of dredged material locally, within 500m from the dredge site at a suitable location within the “Sizewell C” disposal site presented in Part 4 (Table 10);

(iii)two concrete outfall heads of up to 18m long x 18m wide x 10m high and spaced up to 100m apart, each connecting to a vertical shaft;

(iv)placement of gravel bed backfill and anti-scour material, not exceeding 8,000m³, at the base of each outfall head structure;

(v)two vertical shafts, with concrete linings, of up to 4.6m internal diameter up to 15m depth linking the outfall heads to the intake tunnel;

(vi)placement of navigational marker buoys;

(vii)disposal of drilled material from installation of the shafts, not exceeding 1,980m³, at a suitable location within the area presented in Part 4 (Table 10); and

(viii)additional supporting works including the use of a jack-up vessel, auxiliary vessels and temporary marker buoys;

(j)Work Nos. 2G and 2H – a Fish Return Tunnel and Outfall Head (Unit 1) comprising—

(i)directional drilled tunnel under the shore of up to 0.8m internal diameter emerging below LAT;

(ii)capital dredging, not exceeding 1,845m³, within the coordinates listed in Part 4 (Table 6) to prepare the site for construction;

(iii)disposal of dredged material within the “Sizewell C” disposal site presented in Part 4 (Table 10);

(iv)a concrete head structure up to 3m long x 3m wide x 3m high;

(v)placement of backfill and anti-scour material, not exceeding 200m³, around the base of the outfall head; and

(vi)additional supporting works including the use of a jack-up vessel;

(k)Work Nos. 2I and 2J – a Fish Return Tunnel and Outfall Head (Unit 2) comprising—

(i)directional drilled tunnel under the shore of 0.8m internal diameter emerging below LAT;

(ii)capital dredging, not exceeding 1,845m³, within the coordinates listed in Part 4 (Table 7) to prepare the site for construction;

(iii)disposal of dredged material within the “Sizewell C” disposal site presented in Part 4 (Table 10);

(iv)a concrete head structure up to 3m long x 3m wide x 3m high;

(v)placement of backfill and anti-scour material, not exceeding 200m³, around the base of the outfall head; and

(vi)additional supporting works including the use of a jack-up vessel;

(l)Work No. 2K and 2L – a CDO comprising—

(i)directional drilled tunnel under the shore of up to 0.65m internal diameter emerging below LAT;

(ii)capital dredging, not exceeding 1,845m³, within the coordinates listed in Part 4 (Table 8) to prepare the site for construction;

(iii)disposal of dredged material within the “Sizewell C” disposal site presented in Part 4 (Table 10);

(iv)a concrete head structure up to 3m long x 3m wide x 3m high;

(v)placement of backfill and anti-scour material, not exceeding 200m3, around the base of the outfall head; and

(vi)additional supporting works including the use of a jack-up vessel;

(m)Works No. 2M and 2N – Temporary Desalination Plant intake tunnel and headworks comprising—

(i)directional drilled intake tunnel under the shore of up to 0.40m internal diameter emerging up to 500m seaward of the temporary HCDF;

(ii)capital dredging, not exceeding 1,845m³, within the coordinates listed in Part 4 (Table 9) to prepare the site for construction;

(iii)disposal of dredged material within the “Sizewell C” disposal site presented in Part 4 (Table 10);

(iv)steel and concrete head structure of up to 3m long x 3m wide x 3.5m high;

(v)PWWC intake screen of up to 60cm in diameter and 1.6m in length, with a mesh size of up to 2mm;

(vi)vertical shaft connecting the intake head and intake tunnel;

(vii)placement of anti-scour mats, not exceeding 48m², around the base of the intake heads;

(viii)removal of the headworks, anti-scour mats and tunnel (including capping and grouting) before hot functional commissioning testing commences; and

(ix)additional supporting works including the use of a jack-up vessel;

(n)Works No. 2O and 2P – Temporary Desalination Plant outfall tunnel and headworks comprising—

(i)directional drilled outfall tunnel under the shore of up to 0.40m internal diameter emerging up to 400m seaward of the temporary HCDF;

(ii)capital dredging, not exceeding 1,845m3, within the coordinates listed in Part 4 (Table 9) to prepare the site for construction;

(iii)disposal of dredged material within the “Sizewell C” disposal site presented in Part 4 (Table 10);

(iv)concrete head structure of up to 3m long x 3m wide x 3.5m high with associated diffuser;

(v)vertical shaft connecting the outfall head and outfall tunnel;

(vi)placement of anti-scour material around the base of the outfall heads;

(vii)removal of the headworks, anti-scour mats and tunnel (including capping and grouting) before hot functional commissioning testing commences; and

(viii)additional supporting works including the use of a jack-up vessel;

(o)collection of sediment samples from areas to be dredged for analysis of any contaminants to comply with disposal requirements; and

(p)disposal of capital dredge material and drill arisings at licensed disposal site “Sizewell C”, comprising;

(i)dredged material, not exceeding a combined total of 98,635m³ from licensed activities 2B, 2D, 2F and 2G to 2P, to be deposited within the coordinates listed in Part 4 (Table 10); and

(ii)drill arisings, not exceeding a combined total of 4,924m³ from licensed activities 2B, 2D and 2F, to be deposited within the coordinates listed in Part 4 (Table 10).

5.  The licensed activities must be carried out in either the area bounded by the coordinates set out in Part 4 (Table 1) or, in relation to the disposal of capital dredge material and drill arisings (pursuant to paragraph 4(2)(p)) only, in the area bounded by the coordinates set out in Part 4 (Table 10), each defined in accordance with reference system World Geodetic System 1984 (WGS84).

PART 3CONDITIONS

General

6.—(1) Should the undertaker become aware that any of the information on which the granting of this licence was based was false or misleading in any material particular the undertaker must explain in writing to the MMO of this fact in writing as soon as is reasonably practicable. The undertaker must explain in writing what information was materially false or misleading and must provide to the MMO the correct information.

(2) With respect to any condition which requires the licensed activities to be carried out in accordance with the plans, protocols or statements approved under this licence, the plans, protocols or statements so approved are taken to include amendments that may be approved in writing by the MMO subsequent to the first approval of those plans, protocols or statements provided it has been demonstrated to the satisfaction of the MMO that the subject matter of the relevant amendments do not give rise to any materially new or materially different environmental effects to those assessed in the environmental information.

(3) Any oil, fuel or chemical spill within the marine environment must be reported to the MMO Marine Pollution Response Team as soon as reasonably practicable, but in any event within 12 hours of being identified in accordance with the following, unless otherwise advised in writing by the MMO—

(a)within business hours on any business days: 0300 200 2024;

(b)any other time 07770 977 825; or

(c)at all times if other numbers are unavailable: 0845 051 8486 or dispersants@marinemanagement.org.uk

Pre-construction

7.—(1) No licensed activity must commence until a detailed and up-to-date programme of works has been submitted to and approved by the MMO in writing. The programme of works must include—

(a)a planned timetable for each activity as outlined in paragraphs 4 and 5 of Part 2 of this licence;

(b)timings for mobilisation of construction plant and for delivery of materials by sea;

(c)a plan for notifying the MMO of the commencement and cessation of activities and phases of activities; and

(d)a plan for notifying the MMO of changes to the programme.

(2) An updated programme of works must be submitted to the MMO in writing every 6 months from the date of approval unless otherwise agreed with the MMO.

8.—(1) No licensed activity or phase of activity must be commenced until a detailed method statement (including location of the works) for that activity or phase of works has been submitted to and approved by the MMO in writing.

(2) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit the detailed method statement to the MMO at least 6 months prior to the proposed commencement of the licensed activity, or each phase of a licensed activity.

(3) The detailed method statements must be implemented as approved unless otherwise agreed in writing with the MMO.

9.—(1) The local MMO office and Trinity House must be notified in writing at least 5 days prior to the commencement of any licensed activity or phase of any licensed activity.

(2) The local MMO office, Trinity House and UK Hydrographic Office must be notified in writing no more than 10 days following completion of any licensed activity or phase of any licensed activity.

(3) The local MMO officer, Trinity House and UK Hydrographic Office must be notified in writing no more than 10 days following the completion of the construction of the Work No.s listed in paragraph 4 of Part 2 of this licence.

10.  Local mariners, fishermen’s organisations and the UK Hydrographic Office must be notified of any licensed activity or phase of licensed activity through a local Notice to Mariners. A Notice to Mariners must be issued at least 5 days before the commencement of each licensed activity or phase of licensed activity. The MMO and MCA must be sent a copy of the notification within 24 hours of issue. The Notice to Mariners must include—

(a)the start and end dates for the works;

(b)a summary of the works to be undertaken;

(c)the location of the works area, including coordinates in accordance with WGS84; and

(d)any markings of the works area that will be put in place.

11.—(1) The undertaker must provide the name, address and function of any agent, contractor or subcontractor that will carry out any licenced activity listed in this license on behalf of the undertaker to the MMO in writing no less than 24 hours before the agent, contractor or subcontractor carries out any licensed activity.

(2) Any changes to the name and function of the specified agent, contractor or subcontractor that will carry out the specified licenced activities must be notified to the MMO in writing prior to the agent, contractor or subcontractor carrying out the licensed activity.

(3) The undertaker must ensure that a copy of this licence and any subsequent revisions or amendments has been provided to any agents, contractors or subcontractors that will carry out the licensed activity on behalf of the undertaker prior to them carrying out any licensed activity.

12.—(1) The undertaker must notify the MMO in writing of any vessel being used to carry out any licensed activity listed in this licence on behalf of the undertaker. Such notification must be received by the MMO in writing no less than 24 hours before the commencement of the licensed activity. Notification must include the master’s name, vessel type, vessel IMO number and registered owner or operating company.

(2) Any changes to the details of any vessel being used to carry out any licensed activity must be notified to the MMO in writing as soon as reasonably practicable prior to the vessel carrying out the licensed activities.

13.  The undertaker must ensure that a copy of this licence and any subsequent revisions or amendments are provided to the masters of any vessel being used to carry out any licensed activity listed in this licence, and that a copy of this licence is held on board any such vessel. Such documentation must to be provided as soon as reasonably practicable prior to the vessel carrying out any licensed activities.

14.—(1) No licenced activity may commence until a CPMMP (marine) has been submitted to and approved by the MMO in writing in consultation with the Environment Agency. The CPMMP (marine) must be in general accordance with the Draft Coastal Processes Monitoring and Mitigation Plan and must include but is not limited to—

(a)details of the area to be monitored;

(b)the methods for monitoring;

(c)the duration of monitoring;

(d)the trigger points for mitigation;

(e)a description of proposed mitigation;

(f)examples of mitigation measures which could be implemented and which would be effective to mitigate particular results of the monitoring and how the appropriateness of each measure will be considered;

(g)details concerning its proposed review; and

(h)details concerning the appropriate timing for a monitoring and mitigation cessation report to be prepared.

(2) The CPMMP (marine) must be implemented as approved by the MMO.

(3) Monitoring reports, as defined within the CPMMP (marine), must be submitted to the MMO for approval in writing.

(4) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit the CPMMP (marine) to the MMO at least 6 months prior to the proposed commencement of licenced activities.

15.—(1) No licensed activity or phase of licensed activity must be commenced until a MEMP for that licensed activity or phase of licensed activity has been submitted to and approved by the MMO in writing. The MEMPs must include but are not limited to, the following details—

(a)a review of potential sources and pathways of marine pollution during the carrying out of the activities;

(b)details of how instances of marine pollution (in particular oil, fuel or chemical spills) will be reported to the MMO;

(c)a chemical risk assessment to include information regarding how and when chemicals are to be used, stored and transported in accordance with recognised best practice guidance;

(d)waste management and disposal arrangements;

(e)references to other project relevant plans and procedures; and

(f)the address of persons dealing with marine pollution for or on behalf of the undertaker.

(2) The MEMPs must be implemented as approved by the MMO.

(3) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit each MEMP, in writing, at least 6 months prior to the proposed commencement of the relevant licensed activity or phase of activity.

16.—(1) No licensed activity or phase of licensed activity must commence until a MAWSI for that activity or phase of activity has, after consultation with Historic England, been submitted to and approved by the MMO in writing.

(2) Any MAWSIs must be implemented as approved by the MMO.

(3) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit a MAWSI at least 6 months prior to the proposed commencement of the relevant licensed activity or phase of activity.

17.—(1) No licensed activity must commence until a FLCP has been submitted to and approved by the MMO in writing. The FLCP must include, but is not limited to—

(a)the appointment and responsibilities of a fisheries liaison officer; and

(b)a description of how the commencement and nature of licensed activities will be communicated with the local fishing industry to address the interaction of the licensed activities with fishing activities.

(2) The FLCP must be implemented as approved by the MMO.

(3) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit the FLCP at least 6 months prior to the proposed commencement of the first licensed activity.

During construction, operation and maintenance

18.—(1) Unless otherwise agreed in writing by the MMO all chemicals used in the construction and operation of licensable activities must be selected from the List of Notified Chemicals approved for use by the offshore oil and gas industry under the Offshore Chemicals Regulations 2002 or have undergone an equivalent ecotoxicological assessment.

(2) The undertaker must ensure that any coatings and treatments used are approved by the Health and Safety Executive as suitable for use in the marine environment and are used in accordance with best practice.

19.  The storage, handling, transport and use of fuels, lubricants, chemicals and other substances must be undertaken so as to prevent releases into the marine environment including bunding of 110% of the total volume of all reservoirs and containers.

20.—(1) Drill or vibro piling must be used as standard, with percussive piling only used if it is required to drive a pile to its design depth and drill or vibro piling has been unsuccessful. If percussive piling is necessary, soft-start procedures must be used to ensure incremental increase in pile power over a set time period until full operational power is achieved.

(2) The soft-start duration must be a period of not less than 20 minutes.

(3) Should piling cease for a period greater than 10 minutes then the soft start procedure must be repeated.

21.  Except for activities taking place below MHWS, concrete and cement mixing and washing areas must be contained and sited at least 10 metres from any watercourse or surface water drain to minimise the risk of runoff entering a watercourse.

22.  If concrete is to be sprayed, suitable protective sheeting must be provided to prevent rebounded or windblown concrete from entering the marine environment. Rebounded material must be cleared away before the sheeting is removed.

23.  During licensed activities, all wastes must be stored in designated areas that are isolated from surface water drains, open water and bunded to contain any spillage.

24.  The undertaker must ensure that any equipment, temporary structures, waste and/or debris associated with a licensed activity are removed within 6 weeks of completion of the licensed activity or relevant phase of the licensed activity.

25.—(1) No gravel or rock may be placed in the marine environment until detail of its source has been submitted to and approved by the MMO in writing.

(2) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit the details at least 3 months prior to the proposed placing of the gravel or rock.

26.  The undertaker must ensure that any vessels used for rock or shingle transhipment or other delivery operations are suitably constructed and loaded to prevent material falling over the side by accident. Suitable screening must be used to prevent rock or shingle loss through drainage holes.

27.  The undertaker must ensure that sea going tugs or tugs capable of towing the barges to be used in a loaded condition can be made available within any given 12 hour period to tow such barges to sheltered waters in adverse weather conditions.

28.—(1) No vessel movements within the Outer Thames Estuary Special Protection Area as shown on Plate 1.1 of the Outline Vessel Management Plan must occur during the winter months, as defined in the Outline Vessel Management Plan, until a VMP has been submitted to and approved by the MMO in writing.

(2) The VMP must be in general accordance with the Outline Vessel Management Plan and must include the procedures that will be followed to minimise disturbance to red-throated diver (Gavia stellate).

(3) The VMP must be implemented as approved by the MMO.

(4) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit the VMP at least 6 months prior to the proposed commencement of the relevant vessel movement.

29.—(1) The undertaker must report all dropped objects to the MMO using the dropped object procedure form as soon as reasonably practicable and in any event within 24 hours of becoming aware of an incident.

(2) On receipt of the Dropped Object Procedure Form, the MMO may require, acting reasonably, the undertaker to carry out relevant surveys. The undertaker must carry out surveys in accordance with the MMO’s reasonable requirements and must report the results of such surveys to the MMO.

(3) On receipt of such survey results, the MMO may, acting reasonably, require the undertaker to remove specific obstructions from the seabed. The undertaker must carry out removals of specific obstructions from the seabed in accordance with the MMO’s reasonable requirements and at its own expense.

30.  In the event that any rock or sediment material used in carrying out any licensed activity is misplaced or lost below MHWS, the undertaker must report the loss to the local MMO office within 24 hours of becoming aware of the incident. If the MMO reasonably considers such material to constitute a navigation or environmental hazard (dependent on the size and nature of the material), the MMO must notify the undertaker and the undertaker must use reasonable endeavours to locate the material and recover it. In that event, the undertaker must demonstrate to the MMO that reasonable attempts have been made to locate, remove or move any such material.

31.—(1) Cooling water abstraction must not commence until a MAP has been submitted to and approved by the MMO in writing. The MAP must include, but is not limited to—

(a)a list of maintenance activities within the marine environment that are anticipated for the lifetime of the licensed activities;

(b)details of the typical construction plant, machinery and personnel requirements for each maintenance activity and any requirements for detailed method statements;

(c)details of the typical frequency and timing of each maintenance activity; and

(d)details of controls and mitigation that will be in place in order to protect the marine environment.

(2) The MAP must be reviewed every 5 years commencing from the date on which the MAP was approved, unless otherwise agreed by the MMO, to ensure the details of the maintenance activities remain accurate. The conclusions of that review must be submitted to and approved by the MMO in writing.

(3) The MAP must be implemented as approved by the MMO.

(4) Unless shorter periods are agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit—

(a)the first MAP at least 6 months prior to the proposed commencement of water abstraction;

(b)the updated MAPs in paragraph (2), at least 6 months before such revised MAP is required to be put in place; and

(c)any updated MAP covering additional activities as soon as possible after the need for such additional activities is identified.

Dredging

32.—(1) No dredging activity or phase of dredging activity must commence until the dredging details for that dredging activity or phase of dredging activity have been submitted to and approved by the MMO in writing. The dredging activity details must include, but are not limited to—

(a)the location of the dredge area for that phase, which must be located within the areas set out in Part 4 (Tables 2 to 9);

(b)the start and end dates of that phase of the dredging activity;

(c)a dredging method statement;

(d)the volume and depth of material to be dredged;

(e)the name and function of any agents or contractors to be used; and

(f)the name of the vessel master, the vessel type, the vessel IMO number and the name of the vessel owner or operating company for each vessel to be used; and links to the CPMMP (marine)

(2) Dredging must be carried out in accordance with the dredging activity details approved by the MMO.

(3) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit the dredging activity details to the MMO at least 6 months prior to the start of the relevant dredging activity or phase of dredging activity.

33.—(1) No dredging activity or phase of dredging activity must commence until a SSP and subsequent sediment sample analysis for that dredging activity or phase of dredging activity have been submitted to and approved by the MMO in writing. The SSP must include, but is not limited to—

(a)location of the area to be dredged;

(b)name of the disposal site;

(c)details of the material type proposed for dredging and disposal;

(d)volume of the material proposed for dredge and disposal;

(e)type and dredging methodology (including whether it is a capital dredge or maintenance dredge, dredge depth and proposed programme for the dredge and disposal activities);

(f)the location and depth of any supporting samples; and

(g)analysis results which must not exceed 3 years in age.

(2) The SSP and sediment sample analysis request must be implemented as approved by the MMO.

(3) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit the SSP and sediment sample analysis to the MMO at least 6 months prior to the proposed commencement of the activity.

34.—(1) Within 4 weeks of the completion of any dredging activity or phase of activity a report of the survey results of the pre-dredge and post-dredge bathymetrical surveys must be submitted to the MMO in writing.

(2) The pre-dredge bathymetrical survey must be undertaken within a 3 month period prior to each dredging activity or phase of activity, and the post-dredge bathymetrical survey must be undertaken as soon as reasonable practicable and in any event within 1 week of completion of each dredging activity or phase of dredging.

(3) The report containing the survey results must include—

(a)an interpretation of the difference between the pre-dredge and post dredge survey results and a volume calculation; and

(b)the survey results on a chart showing the licensed dredge area and dredge depth.

(4) The undertaker must inform the MMO twice yearly of the location and quantities of material disposed of each month under this licence for completion of OSPAR reporting. This information must be submitted to the MMO in writing by 15 February each year for the months August to January inclusive and by 15 August each year for the months February to July inclusive.

Aids to navigation

35.—(1) No licensed activity must commence until an ANMP has been submitted to and approved by the MMO in writing, following consultation with Trinity House. The ANMP must include, but not limited to—

(a)the frequency of reports to be provided to Trinity House on the availability of aids to navigation;

(b)the details any such reports must include (using the reporting system provided by Trinity House); and

(c)how the undertaker will comply with (2) to (5) for the lifetime of the developments seaward of MHWS.

Unless a shorter period is agreed with MMO in writing, the undertaker must use reasonable endeavours to submit the ANMP to the MMO at least 6 month prior to the proposed commencement of the licensed activities.

(2) The undertaker must during the period from commencement of any phase of the first licensed activity to the start of the decommissioning of the development seaward of MHWS notify Trinity House and the MMO of any failure of the aids to navigation and the timescales and plans for remedying such failures as soon as reasonably practicable and in any event within 24 hours following the undertaker becoming aware of any such failure.

(3) The undertaker must during the period from commencement of the licensed activities to the start of the decommissioning of the development seaward of MHWS notify Trinity House and the MMO as soon as reasonably practicable and in any event within 3 days of any aids to navigation being established by the undertaker.

(4) The undertaker must during the period from commencement of the licensed activities to the start of the decommissioning of the authorised development seaward of MHWS exhibit such lights, marks, sounds, signals and other aids to navigation, and take such other steps for the prevention of danger to navigation as Trinity House may from time to time direct.

(5) In case of damage to, or destruction or decay of, the authorised development seaward of MHWS or any part thereof the undertaker must, as soon as reasonably practicable and in any event within 24 hours following the undertaker becoming aware of any such damage, destruction or decay, notify the MMO, MCA, Trinity House, the Kingfisher Information Service of Seafish and the UK Hydrographic Office and must lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as directed by Trinity House.

Beach Landing Facility and Temporary Marine Bulk Import Facility

36.—(1) The construction of Work No. 1A(l) and Work No. 1A(aa) must not commence until the following activity details for that Work No. have been submitted to and approved by the MMO in writing in consultation with the Environment Agency. The activity details must include, but are not limited to—

(a)the start and end dates for the construction;

(b)a detailed construction method statement;

(c)a description of any proposed mitigation;

(d)navigational lighting to be used;

(e)the type and number of vessels to be used; and

(f)links to the CPMMP (marine).

(2) The removal of Work No. 1A(aa) must not commence until the following activity details for that Work No. have been submitted to and approved by the MMO in writing in consultation with the Environment Agency. The activity details must include, but are not limited to—

(a)the start and end dates for the removal which must be carried out prior to full operation of Sizewell C;

(b)a detailed removal method statement;

(c)a description of any proposed mitigation;

(d)navigational lighting to be used;

(e)the type and number of vessels to be used; and,

(f)links to the CPMMP (marine).

(3) In the event that impact piling is required in the construction of Work No. 1A(l) and Work No. 1A(aa), the impact piling for that Work No. must not commence between May and August of any year and must not commence until—

(a)the expected location and start and end dates of impact pile driving have been submitted to the United Kingdom Marine Noise Registry to satisfy the Marine Noise Registry’s Forward Look requirements. The undertaker must notify the MMO of the successful submission of Forward Look data within 7 days of the submission;

(b)a MMMP in general accordance with the Draft Marine Mammal Mitigation Protocol has been submitted and approved by the MMO in writing; and

(c)a Southern North Sea Special Area of Conservation SIP in general accordance with the Draft Site Integrity Plan has been submitted to and approved by the MMO in writing.

The Southern North Sea Special Area of Conservation SIP must be submitted to the MMO no later than 6 months prior to the commencement of the piling activities.

(4) The undertaker must submit the exact locations and start and end dates of impact pile driving to the Marine Noise Registry on every 6 month anniversary of the start of that impact pile driving and within 12 weeks of completion of the impact pile driving to satisfy the Close Out requirements. The undertaker must notify the MMO of the successful submission of the Close Out data within 7 days of the submission.

(5) The construction of Work No. 1A(l) and Work No. 1A(aa) must be carried out in accordance with the activity details approved by the MMO in writing.

(6) The SIP and the MMMP must be implemented as approved by the MMO.

(7) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit the activity details to the MMO at least 6 months prior to the proposed commencement of the relevant Work No. and the MMMP and the SIP at least 6 months prior to the commencing of the proposed impact piling.

Soft Coastal Defence Feature (SCDF)

37.—(1) The construction of Work No. 1A(m) must not commence until the following activity details have been submitted to and approved by the MMO in writing in consultation with the Environment Agency. The details must include, but are not limited to—

(a)the start and end dates for the construction;

(b)a detailed construction method statement;

(c)the source, type and grain size of the material to be deposited;

(d)a description of any proposed mitigation;

(e)the type and number of vehicles to be used; and

(f)links to the CPMMP (marine).

(2) The construction of Work No. 1A(m) must be carried out in accordance with the activity details approved by the MMO.

(3) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit the activity details to the MMO at least 6 months prior to the proposed commencement of Work No. 1(A)(m).

Combined Drainage Outfall (CDO)

38.—(1) The construction of Work Nos. 2K and 2L must not commence until the following activity details for that Work No. have been submitted to and approved by the MMO in writing. The activity details must include, but are not limited to—

(a)the location and design (size and shape) of the CDO head and vertical shaft;

(b)the alignment (horizontal and vertical) of the CDO tunnel;

(c)the start and end dates for the construction;

(d)a detailed construction method statement;

(e)a description of any proposed mitigation;

(f)navigational lighting to be used;

(g)the type and number of vessels to be used; and

(h)link to the CPMMP (marine).

(2) The construction of Work Nos. 2K and 2L must be carried out in accordance with the activity details approved by the MMO in writing.

(3) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit the activity details to the MMO at least 6 months prior to the proposed commencement of the relevant Work No.

Cooling Water Intake and Outfall Heads, Shafts and Tunnels

39.—(1) The construction of Work No. 2B must not commence until a SRMMP has been submitted to the MMO in writing and approved by the MMO in writing, after consultation with Natural England. The SRMMP must be in general accordance with the Draft Sabellaria Reef Management and Monitoring Plan and must include, but is not limited to—

(a)the geographic extent of the monitoring;

(b)the monitoring methodology, frequency and duration of monitoring, and the format of the monitoring report; and

(c)explanation of how the project design reduces the loss of reef, and surrounding area available for reef to develop into, as far as practicable.

(2) The construction of Work No. 2B must be carried out in accordance with the SRMMP as approved by the MMO.

(3) Pre-construction, construction and post-construction monitoring must be undertaken in accordance with the SRMMP unless otherwise agreed in writing with the MMO.

(4) Monitoring reports, as defined within the SRMMP, must be submitted to the MMO for approval in writing.

(5) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit the SRMMP at least 6 months prior to the proposed commencement of Work No. 2B.

40.—(1) The construction of Work Nos. 2A, 2C and 2E must not commence until the TBM disposal activity details have been submitted to and approved by the MMO in writing. The activity details must include, but are not limited to—

(a)the anticipated dates of disposal;

(b)the anticipated locations of the disposal, including depth beneath the seabed; and

(c)the anticipated composition and quantity of TBM equipment to be disposed of, including any oil, fuel or chemicals.

(2) The disposal of the TBM must be carried out only in general accordance with the activity details approved in writing by the MMO.

(3) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit the activity details at least 6 months prior to the proposed commencement of Work Nos 2A, 2C and 2E.

(4) Confirmation of exact details as set out at (a), (b) and (c) of (1) must be submitted to the MMO in writing within two weeks of the completion of the tunnel boring activities.

41.—(1) The construction of Work Nos. 2A to 2J must not commence until the following activity details for that Work No. have been submitted to and approved by the MMO in writing. The activity details must include, but are not limited to—

(a)the location and design (size and shape) of the cooling water intake and outfall heads;

(b)the alignment (horizontal and vertical) of the cooling water intake and outfall tunnels;

(c)a description of any proposed mitigation;

(d)the location and design of the FRR which must be in accordance with the Environment Agency reports referenced in the Environmental Statement (Volume 2, Chapter 2, Section 2.4(d)) unless otherwise agreed in writing by the MMO; and

(e)any lessons learned from the performance of the FRR at Hinkley Point C if Hinkley Point C is operational.

(2) Work Nos. 2A to 2J must be constructed in accordance with the activity details approved by the MMO.

(3) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit the activity details at least 6 months prior to the proposed commencement of the relevant Work No.

42.—(1) The construction of Work Nos. 2A to 2J must not commence until the following activity details for that Work No. have been submitted to and approved by the MMO in writing. The activity details must include, but are not limited to—

(a)the start and end dates for construction;

(b)the location of the relevant phase of the construction and drilling activities;

(c)a detailed construction method statement;

(d)the navigational lighting to be used;

(e)links to the CPMMP (marine); and

(f)the vessels to be used.

(2) Work Nos. 2A to 2J must be constructed in accordance with the activity details approved by the MMO.

(3) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit the activity details for the relevant Work No. at least 6 months prior to the proposed commencement of the relevant Work No.

43.  Drill arisings from Work Nos. 2B, 2D and 2F must only be deposited within the “Sizewell C” disposal site set out in Part 4 (Table 10).

44.—(1) Water abstraction must not commence until a FIEMP has been submitted to and approved by the MMO in writing in consultation with the Environment Agency and Natural England. The FIEMP must be in general accordance with the Draft Fish Impingement and Entrainment Monitoring Plan and must include, but is not limited to—

(a)the monitoring arrangements for assessing the efficacy of the FRR during the commissioning of Unit 1 and Unit 2;

(b)the undertaker’s duty to consider future additional adaptive measures arising from (a) that may be required during operation of Unit 1 and Unit 2;

(c)the monitoring methodology, frequency of monitoring and format of monitoring reports; and

(d)examples of mitigation measures which could be implemented and which would be effective to mitigate particular results of the monitoring and how the appropriateness of each measure will be considered.

(e)an obligation to make the impingement and entrainment data publicly available with the reports required by the FIEMP.

(2) The FIEMP must be implemented as approved in writing by the MMO.

(3) Monitoring reports, as defined within the FIEMP, must be submitted to the MMO for approval in writing.

(4) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit the FIEMP at least 6 months prior to the proposed commencement of water abstraction.

45.—(1) Water abstraction must not commence until a SMP has been submitted to and approved by the MMO in writing in consultation with the Environment Agency. The SMP must include, but is not limited to—

(a)a monitoring method statement;

(b)the frequency of monitoring; and

(c)the format of monitoring reports.

(2) The SMP must be implemented as approved by the MMO in writing.

(3) Pre-construction, construction and post-construction monitoring must be undertaken in accordance with the FIEMP unless otherwise agreed in writing with the MMO.

(4) Monitoring reports, as defined within the SMP, must be submitted to the MMO for approval in writing.

(5) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit the SMP at least 6 months prior to the proposed commencement of water abstraction.

46.—(1) Work Nos. 2M, 2N, 2O and 2P must not commence until the following activity details have been submitted to and approved by the MMO in writing in consultation with the Environment Agency. The details must include, but are not limited to:

(a)the location, design, size and shape of the temporary desalination plant intake head (including the PWWC, outfall head and associated vertical shafts);

(b)the alignment (horizontal and vertical) of temporary desalination plant intake and outfall tunnels;

(c)start and end dates for the installation;

(d)installation methodology and detailed method statement;

(e)removal methodology and detailed method statement, to include headworks, anti-scour mats and depth to which the tunnels must be removed to avoid legacy impacts on coastal processes. Removal must be carried out prior to commencement of hot functional commissioning testing;

(f)any proposed mitigation;

(g)navigational lighting to be used on plant;

(h)vessels to be used; and

(i)links to the CPMMP (marine).

(2) The construction and removal of Work Nos. 2M, 2N, 2O and 2P shall be carried out in accordance with the details approved by the MMO.

(3) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit the activity details to the MMO at least 6 months prior to the proposed commencement of the relevant Work No.

PART 4CO-ORDINATES

Article 81

SCHEDULE 22Removal of important hedgerows

Article 82

SCHEDULE 23Certified Documents

Article 85

SCHEDULE 24Procedure for approvals, consents and appeals

Applications made under requirement

1.—(1) Where an application has been made to a discharging authority for any agreement, endorsement or approval required by a requirement included in this Order, the discharging authority must give notice to the undertaker of its decision on the application before the end of the decision period. For the purpose of this paragraph (1), the provision of details by East Suffolk Council to Suffolk County Council for endorsement pursuant to requirement 5(2) shall be treated as the making of an application by the undertaker for approval by Suffolk County Council.

(2) For the purposes of sub-paragraph (1), the decision period is—

(a)in the case of requirements in respect of which the discharging authority has a duty under Schedule 2 of this Order to consult with any other body—

(i)where no further information is requested under paragraph 2, 8 weeks from the day immediately following that on which the application is received by the discharging authority;

(ii)where further information is requested under paragraph 2, 8 weeks from the day immediately following that on which further information has been supplied by the undertaker under paragraph 2; or

(iii)such longer period as may be agreed by the undertaker and the discharging authority in writing before the end of the period in sub-paragraph (i) or (ii); and

(b)in the case of requirements in respect of which the discharging authority has no duty under Schedule 2 of this Order to consult with any other body—

(i)where no further information is requested under paragraph 2, 6 weeks from the day immediately following that on which the application is received by the discharging authority;

(ii)where further information is requested under paragraph 2, 6 weeks from the day immediately following that on which further information has been supplied by the undertaker under paragraph 2; or

(iii)such longer period as may be agreed by the undertaker and the discharging authority in writing before the end of the period in sub-paragraph (i) or (ii).

(3) In the case of requirements in respect of which the discharging authority has a duty under Schedule 2 of this Order to consult with any other body, the discharging authority must have regard to comments received from any of those bodies.

(4) In the case of requirements in respect of which East Suffolk Council is the discharging authority under Schedule 2 of this Order, East Suffolk Council must consult with Suffolk County Council. In the case of requirements in respect of which Suffolk County Council is the discharging authority under Schedule 2 of this Order, Suffolk County Council must consult with East Suffolk Council.

Further information

2.—(1) In relation to any application to which this Schedule applies, the discharging authority has the right to request such further information from the undertaker as is necessary to enable it to consider the application.

(2) If the discharging authority considers such further information to be necessary and the requirement does not specify that consultation with a requirement consultee is required, the discharging authority must, within 10 working days of receipt of the application, notify the undertaker in writing specifying the further information required.

(3) If the requirement specifies that consultation with a requirement consultee is required, the undertaker must issue the consultation to the requirement consultee within 3 working days of submitting the application, and must notify the discharging authority in writing.

(4) If the discharging authority does not give notification as specified in sub-paragraph (2) or (3), or otherwise fails to request any further information within the timescales provided for in this paragraph it will be deemed to have sufficient information to consider the application and will not thereafter be entitled to request further information without the prior agreement of the undertaker.

Fees

3.—(1) Where an application is made to the discharging authority for agreement, endorsement or approval in respect of a requirement, a fee shall be paid to that discharging authority as follows—

Calculation of Category 1 fees

(2) Subject to sub-paragraph (3) and (4) below, applications for discharge of requirement 17 shall be calculated as follows—

(a)where the area of gross floor space to be created by the development does not exceed 40 metres, £234;

(b)where the area of the gross floor space to be created by the development exceeds 40 square metres, but does not exceed 75 square metres, £462;

(c)where the area of the gross floor space to be created by the development exceeds 75 square metres, but does not exceed 3750 square metres, £462 for each 75 square metres of that area;

(d)where the area of gross floor space to be created by the development exceeds 3750 square metres, £19,049; and an additional £115 for each 75 square metres.

(3) For the purpose of the calculation of fees pursuant to paragraph 3(2)—

(a)the area shall be taken as consisting of the area of land to which the application relates;

(b)the area of gross floor space created by the development shall be ascertained by external measurement of the floor space, whether or not it is bounded (wholly or partly) by external walls of a building;

(c)the gross floor space to be created by the development exceeds 75 square metres and is not an exact multiple of 75 square metres, the area remaining after division of the total number of square metres of gross floor space by the figure of 75 shall be treated as being 75 metres.

(4) The maximum total fee payable for discharge of requirement 17 shall be £300,000.

Refund of fees

(5) Any fee paid under this Schedule shall be refunded to the undertaker within 8 weeks of—

(a)the application being rejected as invalidly made; or

(b)the discharging authority failing to determine the application within the decision period as determined under paragraph 1, unless within that period the undertaker agrees, in writing, that the fee shall be retained by the discharging authority and credited in respect of a future application.

Appeals

4.—(1) Subject to sub-paragraph (14), the undertaker may appeal in the event that—

(a)the discharging authority refuses an application for any agreement, endorsement or approval required by a requirement included in this Order or grants it subject to conditions;

(b)the discharging authority does not give notice of its decision to the undertaker within the decision period as determined under paragraph 1;

(c)on receipt of a request for further information pursuant to paragraph 2 the undertaker considers that either the whole or part of the specified information requested by the discharging authority is not necessary for consideration of the application; or

(d)on receipt of any further information requested, the discharging authority notifies the undertaker that the information provided is inadequate and requests additional information which the undertaker considers is not necessary for consideration of the application.

(2) The process for appeals is as follows—

(a)any appeal by the undertaker must be made within 6 weeks of the date of the notice of the decision or determination, or (where no determination has been made) expiry of the decision period as determined under paragraph 1;

(b)any appeal by the undertaker must be made within 6 weeks of the date of the notice of the decision or determination, or (where no determination has been made) expiry of the decision period as determined under paragraph 1;

(c)the undertaker shall submit to the Secretary of State a copy of the application submitted to the discharging authority and any supporting documentation which the undertaker may wish to provide (“the appeal documentation”);

(d)the undertaker must on the same day provide copies of the appeal documentation to the discharging authority and the requirement consultee (if applicable);

(e)as soon as is practicable after receiving the appeal documentation, the Secretary of State must appoint a person to determine 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 that person’s attention should be sent;

(f)the discharging authority and the requirement consultee (if applicable) must submit any written representations in respect of the appeal to the appointed person in respect of the appeal within 20 working days of the date on which the appeal parties are notified of the appointment of a person under sub-paragraph (e) and must ensure that copies of their written representations are sent to each other and to the undertaker on the day on which they are submitted to the appointed person;

(g)the appeal parties may make any counter-submissions to the appointed person within 20 working days beginning with the first working day immediately following the date of receipt of written representations pursuant to sub-paragraph (f); and

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

(3) If 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.

(4) Any further information required pursuant to sub-paragraph (3) 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.

(5) Any written representations concerning matters contained in the further information must be submitted to the appointed person, and made available to all appeal parties within 10 working days of the date mentioned in sub-paragraph (3).

(6) On an appeal under this paragraph 4, the appointed person may—

(a)allow or dismiss the appeal; or

(b)reverse or vary any part of the decision of the discharging 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 only such written representations as have been sent within the time limits prescribed, or set by the appointed person, under this paragraph.

(8) The appointed person may proceed to a decision even though no written representations have been made within those 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) If an approval is given by the appointed person pursuant to this Schedule, it is deemed to be an approval for the purpose of Schedule 2 as if it had been given by the discharging authority.

(11) The discharging 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) will not affect or invalidate the effect of the appointed person’s determination.

(12) Save where a direction is given pursuant to sub-paragraph (13) requiring the costs of the appointed person to be paid by the discharging authority, the reasonable costs of the appointed person must be met by the undertaker.

(13) On application by the discharging 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: appeals (March 2014)or any circular or guidance which may from time to time replace it.

(14) The appeal procedure set out in this paragraph 4 does not apply to requirement 6 (Project wide: emergency planning).

(15) Any matter for which the consent or approval of the Marine Management Organisation is required shall not be subject to the appeals procedure in this Schedule.

Definitions

5.  In this Schedule—

“appeal parties” means the discharging authority, the requirement consultee and the undertaker; and

“requirement consultee” means any body named in a requirement which is the subject of an appeal as a body to be consulted by the discharging authority in discharging the requirement.

Article 86

SCHEDULE 25Miscellaneous Controls

Introduction

1.  This Part 1 of this Schedule applies, modifies and excludes statutory provisions which relate to matters for which provision may be made in this Order.

Highways Act 1980

2.  Section 141 of the 1980 Act (Restriction on planting trees etc. in or near carriageway) does not apply to any tree or shrub planted with the agreement of the highway authority in the course of the authorised development before completion of construction.

Community Infrastructure Levy Regulations 2010

3.  Notwithstanding the provisions of section 208 of the 2008 Act, for the purposes of regulation 6 of the Community Infrastructure Levy Regulations 2010(4) any building comprised in the authorised development is deemed to be—

(a)a building into which people do not normally go; or

(b)a building into which people go only intermittently for the purpose of inspecting or maintaining fixed plant or machinery.

Town and Country Planning Act 1990

4.—(1) Section 57(2) of the 1990 Act (Planning permission required for development) will apply to specific associated development works as if the development consent granted for those works under this Order were a planning permission granted for a limited period.

(2) Section 239 of the 1990 Act (Burial grounds) will apply—

(a)In relation to land, other than a right over land, acquired for the purposes of the authorised development (whether or not by agreement), so as to permit the construction, operation and maintenance by the undertaker in accordance with the provisions of this Order; and

(b)In relation to a right over land so acquired for the purposes of the authorised development (whether or not by agreement), or the temporary use of land pursuant to articles 39 (temporary use of land for carrying out authorised development) and 41 (temporary use of land for maintaining authorised development), so as to permit the exercise of that right or the temporary use by the undertaker in accordance with the provisions of this Order, without prejudice to the status of the land over which the right is exercised.

Local Government (Miscellaneous Provisions) Act 1976

5.  Section 42 of the Local Government (Miscellaneous Provisions) Act 1976 (certain future local Acts, etc., to be subject to the planning enactments, etc., except as otherwise provided)(5) will not apply to the extent that it would make provisions of this Order authorising the construction, operation and maintenance of the authorised development subject to other provisions.