SCHEDULES

Article 2

SCHEDULE 1AUTHORISED DEVELOPMENT

A nationally significant infrastructure project as defined in sections 14 and 16 of the 2008 Act and associated development within the meaning of section 115(2) of the 2008 Act comprising—

400kV OVERHEAD ELECTRIC LINE

In the District of Sedgemoor

Work No. 1A — Bridgwater Tee

Works to construct a 400kV Teed circuit commencing on Works Plan section A, sheet 6 and terminating on Works Plan section A, sheet 5, comprising—

(a)a temporary diversion of the southern circuit of the existing overhead electric line between pylons VQ042 and VQ045, comprising the installation of conductors and 2 temporary masts and the removal of pylons VQ043 and VQ044; and

(b)the construction and installation of 2 pylons VQ043R and VQ044R, the installation of conductors between pylons VQ042, VQ043R and VQ044R including the installation of insulators, fittings and connections into the new cable sealing end compounds (Work No. 2A).

In the District of Sedgemoor

Work No. 1B — ZGA route

The construction and installation of a 400kV overhead electric line, including the installation of 13 pylons and the installation of conductors, insulators and fittings between pylons VQ043R and ZGA13. The route is 4.5km in length commencing on Works Plan section A, sheet 6 and terminating on Works Plan section B, sheet 2.

In the District of Sedgemoor

Work No. 1C — Huntspill

Works to construct temporary sections of a 400kV overhead electric line commencing on Works Plan section B, sheet 1 and terminating on Works Plan section B, sheet 2, comprising—

(a)the construction and installation of a temporary diversion of the southern circuit of the existing ZG overhead electric line including the removal of pylons ZG042, ZG043 and ZG044 and the installation of 3 temporary masts and conductors between ZG041 and ZG045;

(b)the construction and installation of a temporary circuit of overhead electric line between pylons LD2 and ZGA13, including the installation of conductors, insulators, fittings and the construction of 2 temporary pylons ZG043A and ZG043B.

In the District of Sedgemoor

Work No. 1D — LD route Puriton to South Mendips Cable Sealing End

Works to construct a 400kV overhead electric line 12.8km in length commencing at the existing 400kV overhead electric line on Works Plan section B, sheet 1 and terminating at the South Mendips cable sealing end (CSE) compound on Works Plan section B, sheet 11. The electric line consists of 37 pylons and 2 full line tension (FLT) gantry structures, the installation of conductors, insulators and fittings between pylon LD1 and gantry structures LD38A and LD38B, and connections into the South Mendips CSE (Work No. 2C).

The works include installation and construction of a temporary site construction compound along the route of the overhead electric line, as shown on Works Plan section B sheet 10, containing welfare facilities, material lay down and parking areas.

In the District of North Somerset

Work No. 1E — LD route Sandford Substation to M5

Works to construct a 400kV overhead electric line between full line tension (FLT) gantry structures LD39A and LD39B at Sandford 400/132kV Substation and pylon P-LD 94 north of the M5.

The route commences at gantry structures LD39A and LD39B on Works Plan section D sheet 1 and terminates at pylon P-LD 94 on Works Plan section F sheet 1.

The overhead electric line between FLT gantry structures LD39A and LD39B at Sandford 400/132kV Substation and pylon P-LD94 is 18km in length. It consists of 2 adjacent FLT gantry structures and 55 new pylons and the installation of conductors, insulators and fittings between gantry structures LD39A and LD39B and pylon P-LD94.

In the District of North Somerset

Work No. 1F — LD route M5 to south of River Avon

Works to construct a 400kV overhead electric line between pylons P-LD94 and P-LD106 (4.9km in length) commencing at pylon P-LD94 on Works Plan section F sheet 1, travelling via the Portishead area to pylon P-LD106 on Works Plan section G sheet 2. It consists of 13 pylons and the installation of conductors, insulators and fittings between pylons P-LD94 and P-LD106.

In the District of North Somerset, the City of Bristol and the District of South Gloucestershire

Work No. 1G — LD route south of River Avon to Seabank Substation

Works to construct a 400kV overhead electric line, between pylon P-LD106 and Seabank 400kV Substation. The route is 8.3km in length commencing at pylon P-LD106 on Works Plan section G sheet 2 and terminating at Seabank 400kV Substation on Works Plan section G sheet 7 and consists of 27 pylons and the installation of conductors, insulators and fittings.

The works include installation and construction of a temporary site compound along the route of the overhead electric line, as shown on Works Plan section G sheet 3, containing welfare facilities, material lay down and parking areas.

400kV UNDERGROUND CABLES

In the District of Sedgemoor

Work No. 2A — Bridgwater tee

Works to construct a 400kV Teed circuit at the location shown on Works Plan section A, sheets 5 and 6, consisting of the installation of a 300m section of 400kV underground electric cable between the two Bridgewater Tee cable sealing end (CSE) compounds adjacent to pylons VQ43R and VQ44R, to include switchgear, steel support structures, and security fencing. The locations of the CSE compounds are shown on Works Plan section A, sheet 6.

The works include the construction of a permanent vehicular access to the CSE compounds and a temporary site compound containing welfare facilities, and material lay down and parking areas, as shown on Works Plan section A, sheet 5.

In the District of Sedgemoor and the District of North Somerset

Work No. 2B — Mendips underground cable and cable crossing

Works to construct a 400kV underground electric cable route comprising—

(a)the installation and construction of two 400kV underground electric cable circuits with a route length of 8.5km in length commencing at the CSE compound on Works Plan section B, sheet 11 and terminating at Sandford 400kV substation (Work No. 3A) on Works Plan section D, sheet 1;

(b)the installation of a crossing of the River Axe shown on Works Plan section B, sheet 11. The cable circuits will cross the River Axe in the vicinity of Loxton either by—

(i)incorporating the cables in a specifically designed and constructed bridge to cross the watercourse; or

(ii)installing the cables under the watercourse using Horizontal Directional Drilling,

but only one option for Work No. 2B(b) (not both) may be carried out.

The works include the installation and construction of 4 temporary site compounds along the route of the underground cable circuits containing welfare facilities, material lay down and parking areas shown on Works Plans section B, sheet 11; section C, sheets 1 and 3; and section D, sheet 1.

Work No. 2C — South Mendips cable sealing end compound

Works to construct the South Mendips cable sealing end (CSE) compound as shown on Works Plan section B, sheet 11, to include—

(a)earthworks to provide a suitable platform for the equipment;

(b)construction of foundations to support all new structures, plant and equipment;

(c)installation of air insulated switchgear (AIS) and cable sealing ends;

(d)installation of support structures;

(e)construction of compound perimeter fence;

(f)landscaping, gates and fencing of site boundary; and

(g)a permanent vehicular access road.

In the District of Sedgemoor

Work No. 2D — Temporary project office compound

Works to construct a temporary project office compound, at the location shown on Works Plan section B, sheet 10, to include—

(a)temporary car parking, hard standings and roadways;

(b)temporary offices and staff welfare portacabins;

(c)temporary materials, tools and fuel storage areas;

(d)temporary storage of plant and equipment;

(e)wheel cleaning facilities;

(f)security fencing; and

(g)construction and security lighting.

SANDFORD 400/132kV SUBSTATION

In the District of North Somerset

Work No. 3A — Sandford Substation

Works to construct the Sandford 400/132kV Substation as shown on Works Plan section D, sheet 1, to include—

(a)earthworks to provide a suitable platform for the equipment;

(b)construction of foundations to support all new structures, plant and equipment;

(c)installation of 2 super grid transformers (SGT) to include noise enclosures;

(d)installation of 2 shunt reactors to include noise enclosures;

(e)installation of air or hybrid insulated switchgear, cable sealing ends, post insulators and conductor;

(f)installation of support structures;

(g)installation of 2 overhead electric line landing gantries;

(h)construction of a site drainage system including oil separator and diversion of the existing rhyne;

(i)construction of site access roads including car parking provision;

(j)construction of the substation perimeter fence;

(k)installation of lamp posts for street lighting and other site furniture;

(l)landscaping, gates and fencing of site boundary;

(m)water storage tank;

(n)operational and ancillary buildings;

(o)diesel generator;

(p)semi permanent access road for transformer deliveries including bridge over Tower Head brook; and

(q)temporary pylon LD40A to the north of Sandford 400/132kV Substation to allow a temporary connection between FLT gantry structures LD39A and LD39B in the period before Work No. 1E is complete.

In the District of North Somerset

Work No. 3B — Temporary project office compound

Works to construct a temporary project office compound, at the location shown on Works Plan section D, sheet 1, to include—

(a)temporary car parking, hard standings and roadways;

(b)temporary offices and staff welfare portacabins;

(c)temporary materials, tools and fuel storage areas;

(d)temporary storage of plant and equipment;

(e)wheel cleaning facilities;

(f)security fencing; and

(g)construction and security lighting.

WPD 132kV WORKS

In the District of North Somerset

Work No. 4A — AT connection

Works to connect Sandford 132kV Substation to the existing 132kV AT route overhead electric line comprising—

(a)the construction and installation of a temporary diversion of the 132kV overhead electric line between pylons AT24 and AT26, including the installation of temporary conductors and the construction of a temporary mast or masts. The removal of existing pylon AT25 and associated conductors;

(b)132kV electricity connection 3.0km in length between the existing Western Power Distribution, AT route and Sandford 400/132kV Substation, shown on Works Plan section D, sheet 1 and 2. The connection consists of—

(i)2.3km of overhead electric line including the construction of 9 new pylons and the installation of conductors, insulators and fittings commencing at pylon AT25R on Works Plan section D sheet 2 and terminating at pylon AT33 on Works Plan section D sheet 1; and

(ii)700m of underground electric cables and fibre optic cable from a cable sealing end pylon AT33 to be constructed and Sandford 400/132kV Substation as shown on Works Plan section D, sheet 11; and

(c)the removal of a 1.4km section of the AT 132kV overhead electric line between pylon AT25 and pylon F69 including the removal of 4 pylons (AT25 to AT28 inclusive) as shown on Works Plans section D, sheets 2 and 3.

The works include a temporary site compound as shown on Works Plan section D, sheet 1, containing welfare facilities, material laydown and parking areas.

In the District of Sedgemoor and the District of North Somerset

Work No. 4B — F route removal

The removal of 47.8km of the F Route 132kV overhead electric line between Bridgwater and Portishead Substation, including the removal of 177 pylons, conductors, insulators and fittings commencing at the location shown on Works Plan section A, sheet 1 and terminating at the location shown on Works Plan section F, sheet 3.

In the District of North Somerset

Work No. 4C — N route connection

Works to connect Sandford 400/132kV Substation to the existing 132kV N route overhead electric line, comprising—

(a)the construction and installation of a temporary diversion of the 132kV overhead electric line between pylons N14 and N16, including the installation of temporary conductors and the construction of a temporary mast. The removal of existing pylon N15 and conductors. Construction of a new pylon N15R;

(b)the construction and installation of two parallel single circuit 132kV overhead electric lines 300m in length supported by 10 wooden ‘H’ poles (N16A to N20A and N16B to N20B), new pylon N15R and the installation of conductors, insulators and fittings, from the existing N route into Sandford 400/132kV Substation (Work No. 3A) as shown on Works Plan section D, sheet 1; and

(c)the removal of an approximate 450m section of the N route overhead electric line between pylon F77 and pylon N15R, including the removal of existing pylon N16 and conductor.

In the District of North Somerset

Work No. 4D — W route removal and undergrounding

Works to allow the removal of part of the 132kV W route overhead electric line and its undergrounding, comprising—

(a)the construction and installation of a temporary diversion of the 132kV overhead electric line between pylons W37 and W35, including the installation of temporary conductors and the construction of a temporary mast, shown on Works Plan section D, sheet 11;

(b)the installation of 10km of underground 132kV electric cables and fibre optic cables commencing at new cable sealing end pylon (W36R) on Works Plan section D, sheet 11 and terminating at Portishead 132kV substation on Works Plan section F, sheet 3;

(c)the removal of 9.0km of the W Route 132kV overhead electric line commencing at pylon W36 shown on Works Plan section D, sheet 11, and terminating at Portishead 132kV substation on Works Plan section F, sheet 3, including the removal of 34 pylons, conductors, insulators and fittings; and

(d)the installation and construction of 7 temporary site compounds along the route of the underground cable circuit containing welfare facilities, material lay down and parking areas shown on Works Plans section D, sheets 11 and 13, section E, sheets 1, 2 and 4 and section F, sheet 1.

In the District of North Somerset

Work No. 4E — Portishead 132kV substation

The installation of cables and cable sealing ends within Portishead 132kV Substation to allow the replacement of existing overhead electric line connections into the substation with cable connections (Work No. 4D and Work No. 4P) and connections to existing equipment shown on Works Plan section F, sheet 3, to include—

(a)construction of foundations to support cable sealing ends;

(b)installation of support structures;

(c)installation of cable sealing ends and busbar connections to existing equipment; and

(d)installation of troughs and below-ground services.

In the District of North Somerset

Work No. 4F — Churchill 132kV Substation

Works to allow the continued operation of Churchill 132kV Substation shown on Works Plan section D, sheet 14, to include—

(a)the construction of a new cable sealing end pylon (Y1R);

(b)the construction and installation of a temporary diversion of the 132kV overhead electric line between pylons Y1R and Y2, including the installation of temporary conductors and the construction of temporary masts or poles;

(c)the removal of conductors between pylons Y1 and W69;

(d)the removal of pylon Y1;

(e)the construction and installation of 132kV overhead electric line and fibre optic cable between pylons W69 and N1, and pylon W69 to pylon Y2 via pylon Y1R including conductors, insulators and fittings;

(f)the installation of 220m of underground 132kV electric cables and fibre optic cable between a cable sealing end pylon (Y1R) and Churchill 132kV substation; and

(g)works on the existing substation compound to extend within the current WPD land ownership boundary and connections to existing equipment shown on Works Plan section D, sheet 14, to include—

(i)construction of foundations to support all new structures, plant and equipment;

(ii)installation of support structures;

(iii)installation of low voltage and mechanical equipment;

(iv)installation of electrical control panels;

(v)installation of air insulated switchgear between the new 132kV cable terminations and the existing substation equipment and new overhead electric line connections to the existing landing gantries;

(vi)installation of troughs and below-ground services; and

(vii)extension of the substation perimeter fence.

The works include construction and installation of a temporary site compound as shown on Works Plan section D sheet 14, containing welfare facilities, material lay down and parking areas.

In the District of North Somerset and the City of Bristol

Work No. 4G — G route removal (Portishead to Avonmouth)

The removal of 5.4km of the G Route 132kV overhead electric line between Portishead 132kV Substation, shown on Works Plan section F, sheet 3, and Avonmouth 132kV Substation, shown on Works Plan section G, sheet 4, including the removal of 21 pylons, conductors, insulators and fittings.

In the City of Bristol

Work No. 4H — G route removal (Avonmouth to Pylon G32)

The removal of 2.1km of the G Route 132kV overhead electric line between pylon G32, shown on Works Plan section G, sheet 5, and Avonmouth 132kV Substation, shown on Works Plan section G, sheet 4, including the removal of 8 pylons (G24 to G31 inclusive) conductors, insulators and fittings.

In the City of Bristol

Work No. 4I — G route undergrounding

The installation of 2.3km of underground 132kV electric cables and fibre optic cable between Avonmouth 132kV Substation on Works Plan section G, sheet 4 and cable sealing end pylon G31R shown on Works Plan section G, sheet 5.

The works include construction and installation of a temporary site compound as shown on Works Plan section G sheets 4 and 5, containing welfare facilities, material lay down and parking areas.

In the City of Bristol

Work No. 4J — G route

The construction and installation of a cable sealing end pylon G31R and 230m of new overhead electric line conductors and ADSS fibre conductor, insulators and fittings between existing pylon G32 and cable sealing end pylon G31R shown on Works Plan section G, sheet 5.

In the City of Bristol

Work No. 4K — Avonmouth 132kV Substation

The installation of electric cables and fibre optic cable, cable sealing ends and air insulated switchgear within Avonmouth 132kV Substation to allow the replacement of existing overhead electric line connections into the substation with cable connections (Work No. 4I) and connections to existing equipment shown on Works Plan section G, sheet 4, to include—

(a)construction of foundations to support all new structures, plant and equipment;

(b)installation of support structures;

(c)installation of cable sealing ends, disconnectors and busbar connections; and

(d)installation of troughs and below-ground services.

In the City of Bristol and the District of South Gloucestershire

Work No. 4L — Seabank DA route

Works as shown on Works Plan section G, sheet 7 and inset to sheet 7, consisting of—

(a)the construction and installation of a temporary diversion of the 132kV overhead electric line between pylons DA3 and DA1, including the installation of temporary conductors and the construction of temporary wood pole structures or masts;

(b)the removal of pylons DA1 and DA2 and associated conductors;

(c)the construction and installation of a cable sealing end pylon DA2R;

(d)the construction and installation of a 132kV overhead electric line, fibre optic cable, conductors, insulators and fittings between pylons DA3 and DA2R; and

(e)the installation of between 150m and 300m of underground 132kV cables and fibre optic cable between cable sealing end pylon DA2R and Seabank 132kV Substation.

The works include a temporary site compound for the combined Works 4L, 4M and 4N as shown on Works Plans, section G, sheets 7 and 7A, containing welfare facilities, materials laydown and parking areas.

In the City of Bristol

Work No. 4M — Seabank BW route

Works as shown on Works Plan section G, sheet 7 and inset to sheet 7, to include—

(a)the removal of pylons BW1 and BW2 and associated conductors;

(b)the construction and installation of a cable sealing end pylon BW2R;

(c)the construction and installation of a 132kV overhead electric line, conductors, insulators, and fittings between pylons BW3 and BW2R; and

(d)the installation of between 250m and 300m of underground 132kV cables and fibre optic cable between cable sealing end pylon BW2R and Seabank 132kV substation.

The works include a temporary site compound for the combined Works 4L, 4M and 4N as shown on Works Plans, section G, sheets 7 and 7A, containing welfare facilities, materials laydown and parking areas.

In the City of Bristol

Work No. 4N — Seabank G route

Works as shown on Works Plan section G, sheet 7 and inset to sheet 7, to include—

(a)the removal of pylons G43 and G42 and associated conductors;

(b)the construction and installation of a cable sealing end pylon G42R;

(c)the construction and installation of a 132kV overhead electric line, conductors, insulators, and fittings between pylons G41 and G42R; and

(d)the installation of between 250m and 300m of underground 132kV cables and fibre optic cable between cable sealing end pylon G42R and Seabank 132kV Substation.

The works include a temporary site compound for the combined Works 4L, 4M and 4N as shown on Works Plans, section G, sheets 7 and 7A, containing welfare facilities, materials laydown and parking areas.

In the City of Bristol

Work No. 4O — Seabank 132kV Substation

Work on the existing Seabank 132kV Substation compound to extend the substation within the current WPD land ownership boundary and connections to existing equipment shown on Works Plan section G, sheet 7 and sheet 7 inset page, to include—

(a)support structures;

(b)low voltage and mechanical equipment;

(c)electrical control panels;

(d)installation of air insulated switchgear between the new 132kV cable termination and the existing substation equipment;

(e)removal of existing overhead electric line connections;

(f)installation of troughs and below ground services;

(g)installation of a new control building;

(h)an extension of the substation perimeter fence; and

(i)modification of the existing substation perimeter fence to facilitate extension of the 400kV substation.

In the District of North Somerset

Work No. 4P — BW Route undergrounding south of the River Avon

Works as shown on Works Plan section F, sheets 3 and 4, to consist of—

(a)the construction and installation of a temporary diversion of the 132kV overhead electric line between pylons BW35 and BW37, including the installation of temporary conductors and the construction of a temporary mast;

(b)the removal of existing pylon BW36 and associated conductors;

(c)construction of a new cable sealing end pylon BW36R;

(d)the construction and installation of a 132kV overhead electric line, conductors, insulators and fittings between pylons BW35 and BW36R;

(e)the removal of pylons BW37, BW38, BW39 and approximately 600m of conductors insulators and fittings;

(f)the installation of 650m of 132kV underground electric cables between sealing end pylons BW36R and Portishead 132kV Substation; and

(g)the installation of fibre optic cable overhead between pylons BW35 and BW36R and underground from pylon BW36R to Portishead 132kV Substation.]

The works include a temporary site compound as shown on Works Plans, section F, sheet 4, containing welfare facilities, materials laydown and parking areas.

SEABANK 400kV SUBSTATION

In the City of Bristol

Work No. 5 — extension of Seabank 400kV Substation

Works to extend the existing Seabank 400kV Substation (shown on Works Plan section G, sheet 7) to include—

(a)construction of foundations to support all new structures and equipment;

(b)extension to the steel framed switchgear building and annex;

(c)installation of 5 additional bays of gas insulated switchgear;

(d)installation of gas insulated busbar tubes;

(e)installation of support structures;

(f)removal of an existing 400/132kV supergrid transformer;

(g)construction of 2 landing gantries for terminal overhead electric line connections into the substation;

(h)installation of air insulated switchgear;

(i)extension of the substation perimeter fence;

(j)modifications to existing site access roads; and

(k)installation of flood defence.

HINKLEY LINE ENTRIES

Works to reconfigure 400kV overhead electric lines consisting of—

In the District of West Somerset

Work No. 6A

The construction and installation of a 400kV overhead electric line conductors, insulators and fittings, including the installation of 5 pylons (ZZ1 to ZZ5 inclusive) and the installation of new conductors between Shurton 400kV Substation, adjacent to new pylon ZZ1 and existing pylon ZZ7. The route is 1.8km in length shown on Works Plans section H, sheets 1 and 2.

In the District of West Somerset

Work No. 6B

The removal of 1.4km of overhead electric line to include 3 existing pylons (ZZ4, ZZ5 and ZZ6) and conductors between existing pylons ZG1 to ZZ4 and pylons JP4 to ZZ4 and then continuing between ZZ4 and ZZ7 as shown on Works Plans section H, sheets 1 and 2.

In the District of West Somerset

Work No. 6C

The construction and installation of a 400kV overhead electric line conductors, insulators and, fittings, including the installation of 5 new pylons (VQ1, VQ2, VQ3, VQ3A, VQ3B) and the installation of new conductors between Shurton 400kV Substation, adjacent new pylon VQ1 and existing pylon VQ4. The route is 1.7km in length as shown on Works Plans section H, sheets 1 and 2.

In the District of West Somerset

Work No. 6D

The removal of 900m of overhead electric line to include 3 existing pylons (VQ1, VQ2 and VQ3) and conductors between cable sealing end pylon VQ1 and existing pylon VQ4 as shown on Works Plans section H, sheets 1 and 2.

In the District of West Somerset

Work No. 6E

The construction and installation of a 400kV overhead electric line conductors, insulators and fittings, including the installation of 3 new pylons (JP1, JP2 and JP3) and the installation of new conductors between ZG1 and JP3, JP6 and JP3 and from JP3 to JP1, including downlead connections. The route is 1km in length as shown on Works Plans section H, sheets 1 and 2.

OTHER ASSOCIATED DEVELOPMENT

Such associated development not listed above, within the Order limits, as may be necessary or expedient for the purposes of or in connection with the construction or maintenance of the above Work Nos. or any of them consisting of—

(a)ramps, means of access, footpaths, bridleways, trackways and pontoons;

(b)embankment, bridge, aprons, abutments, foundations, retaining walls, drainage, wing walls, fencing and culverts;

(c)works to alter the position of apparatus, including mains, sewers, drains and cables;

(d)works to alter the course of, or otherwise interfere with a watercourse;

(e)landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised development;

(f)works for the benefit or protection of land affected by the authorised development;

(g)works required for the strengthening, improvement, maintenance, or reconstruction of any streets;

(h)works to alter or remove road furniture;

(i)site preparation works, site clearance (including fencing, vegetation removal, demolition of existing structures and the creation of alternative footpaths); earthworks (including soil stripping and storage, site levelling);

(j)establishment of site construction compounds, temporary offices, temporary vehicle parking, construction fencing, perimeter enclosure, security fencing, construction related buildings, welfare facilities, construction and security lighting and haulage roads; and

(k)installation of wires, cables, ducts, pipes and conductors.

Article 2

SCHEDULE 2

PART 1ACCESS AND RIGHTS OF WAY PLANS

PART 2DESIGN DRAWINGS

PART 3LAND PLANS

PART 4PUBLIC RIGHTS OF NAVIGATION PLAN

PART 5SPECIAL CATEGORY LAND AND CROWN LAND PLANS

PART 6TRAFFIC REGULATION PLANS

PART 7TREES AND HEDGES TO BE REMOVED OR AFFECTED PLANS

PART 8WORKS PLANS

PART 9LANDSCAPE DRAWINGS

PART 10OTHER PLANS AND DRAWINGS

Article 3

SCHEDULE 3REQUIREMENTS

Interpretation

1.—(1) In this Schedule unless the context requires otherwise—

“advance planting” means the installation and maintenance of embedded landscape or replacement planting as soon as practicable after the Order has been made, unless otherwise specified timescales apply as set out in the Requirements, to achieve screening for construction activities or to expedite its function for mitigation and enhancement in sensitive areas;

“Archaeological Method Statements” means the detailed method statements prepared in accordance with the measures set out in the Archaeological Written Scheme of Investigation;

“commence” means the carrying out of a material operation, as defined in section 155 of the 2008 Act (when development begins), comprised in or carried out for the purposes of the authorised development, but does not include any engineering investigation, environmental (including archaeological) investigation and monitoring, site or soil survey, environmental mitigation measures, erection of temporary amphibian fencing, erection of stock fencing to site boundaries or demarcation fencing marking out site boundaries;

“Design Approach to Site Specific Infrastructure” means Document 8.32 and is applicable to all site specific infrastructure;

“Drainage Management Plan” means a plan prepared in accordance with Requirement 17 (surface water drainage) and the principles set out in sections 3.4 and 3.5 of the CEMP;

“Emergency Response Plan for Flood Events” means the plan detailing emergency procedures in the event of a flood as outlined in section 3.5 of the CEMP;

“exceptional circumstances” means an event that causes a delay to the transit of an HGV caused by—

“HGV” means any vehicle exceeding a maximum gross weight of 7.5 tonnes gross required for the construction of the authorised development but excluding any vehicles transporting abnormal indivisible loads;

“Joint Councils” means Bristol City Council, North Somerset Council, Sedgemoor District Council, Somerset County Council, South Gloucester Council and West Somerset Council acting together.

“LGV” means a car, van, 4 x 4 pick up, 4 x 4 transit van or welfare van as set out in Table 2.1 of the Construction Traffic Management Plan;

“Lighting Scheme” means the scheme prepared in accordance with Requirement 8 (control of artificial light emissions) and in accordance with section 2.6 of the CEMP;

“Pollution Incident Control Plan” means the plan detailing remedial measures in the event of an incident and in accordance with section 1.13 of the CEMP;

“Project Environmental Management Plan” means the plan detailing environmental mitigation measures to be implemented during each stage of the construction of the authorised development and in accordance with the CEMP;

“relevant drainage authority” means, in any given Requirement, the relevant drainage authority for the area to which the Requirement relates;

“Riverview Farm Traffic Management Plan” means a plan for the provision of construction mitigation measures at Riverview Farm, Factory Lane, Bason Bridge, TA9 4RN;

“Site Waste Management Plan” means the detailed plan for the collection, segregation, treatment and disposal of waste prepared in accordance with the measures set out in the Waste Management Plan;

“Soil Management Plan” means the plan prepared in accordance with section 3.3.13 of the CEMP describing how works must be undertaken to minimise effects on the nature and quality of soil; and

“stage” means a defined section or part of the authorised development, the extent of which is shown in a scheme submitted to and approved by the relevant planning authority pursuant to Requirement 4.

“Tree and Hedgerow Protection Strategy” means the strategy prepared in accordance with Requirement 12 (retention and protection of existing trees and hedgerows).

(2) Where an approval is required under the terms of any Requirement or a document referred to in a Requirement, or any Requirement specifies “unless otherwise approved” or “unless otherwise agreed” by the relevant highway authority or the relevant planning authority such approval or agreement may only be given in relation to minor or immaterial changes where it has been demonstrated to the satisfaction of the relevant highway authority or the relevant planning authority that the subject matter of the approval or agreement sought is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the Environmental Statement.

(3) Where any Requirement which requires the authorised development to be carried out in accordance with the details approved by the relevant highway authority or by the relevant planning authority, the approved details are to be taken to include any amendments that may subsequently be approved in writing by the relevant highway authority or by the relevant planning authority.

Time limits

2.  The authorised development must be commenced within 8 years of the date of this Order.

Design drawings

3.—(1) The authorised development must be carried out in general accordance with the design drawings.

(2) The authorised development will not be in general accordance with the design drawings to the extent that any departure from the design drawings gives rise to any materially new or different environmental effects from those assessed in the Environmental Statement.

Stages of authorised development

4.—(1) The authorised development may not commence until a written scheme setting out all the stages of the authorised development has been submitted to and approved by the relevant planning authority, after consultation with the relevant highway authority.

(2) Written notice of the commencement and completion of each stage of the authorised development and the operational use of that part of the authorised development must be given to the relevant planning authority within ten business days of the relevant event occurring.

Construction Environmental Management Plan

5.—(1) All construction works for the authorised development and mitigation works to minimise the impacts of construction must be carried out in accordance with the CEMP, unless otherwise agreed with the relevant planning authority and the relevant highway authority as may be appropriate to the relevant plan, scheme or strategy concerned.

(2) The CEMP, which specifies measures to be used to minimise the impacts of construction works, incorporates the following plans, scheme and strategy—

(a)Waste Management Plan;

(b)Biodiversity Mitigation Strategy;

(c)Archaeological Written Scheme of Investigation;

(d)Construction Traffic Management Plan;

(e)Public Rights of Way Management Plan; and

(f)Noise and Vibration Management Plan.

(3) Any works carried out pursuant to the plans, scheme and strategy referred to sub-paragraph (2) must be carried out in accordance with the approved plan, scheme or strategy unless otherwise agreed with the relevant planning authority.

(4) The plans, scheme and strategy referred to in sub-paragraph (2) must be implemented as approved unless otherwise agreed with the relevant planning authority and the relevant highway authority as may be appropriate to the relevant plan, scheme or strategy concerned.

Approval and implementation of construction mitigation plans

6.—(1) No stage of the authorised development may commence until, for that stage, the following plans, scheme to and method statementsminimise the impacts of construction works have been submitted to and approved by the relevant planning authority—

(a)Soil Management Plan;

(b)Drainage Management Plan;

(c)Pollution Incident Control Plan;

(d)Project Environmental Management Plan;

(e)Lighting Scheme;

(f)Emergency Response Plan for Flood Events;

(g)Site Waste Management Plan;

(h)Archaeological Method Statements;

(i)Tree and Hedgerow Protection Strategy; and

(j)Riverview Farm Traffic Management Plan which must include, but not be limited to, mechanisms for the provision and implementation of the following matters

(i)a speed limit of 5 mph at Riverview Farm—

(ii)a manned escort walking in front of construction vehicles to reduce their speed to walking pace past Riverview Farm;

(iii)gated/manned control entrance system at Riverview Farm;

(iv)upgrade (to include resurfacing with black-top) of Factory Lane/Hackmead Lane junction and private track towards Riverview Farm;

(v)installation of traffic light system for a stretch of approximately 200m between Hack Mead Lane junction and barns on the private track towards Riverview Farm;

(vi)widening of private track towards Riverview Farm to provide holding bay for waiting HGVs;

(vii)installation of wheel cleansing facilities at black-top/stone haul road interchange; and

(k)Plan Showing Proposed Safety Improvements at the junction of Factory Lane with Church Road (B3141).

(2) The construction works for each stage of the authorised development and mitigation works to minimise the impact of construction must be carried out in accordance with the approved plans, scheme and method statements referred to in sub-paragraph (1), unless otherwise agreed with the relevant planning authority.

Construction hours

7.—(1) Subject to sub-paragraphs (2) to (4) construction work must take place only between 0700 and 1900 Mondays to Fridays and between 0800 and 1700 on Saturdays and Sundays (the “core working hours”).

(2) Piling operations must take place only between 0800 and 1700 hours Mondays to Fridays and 0900 to 1400 on Saturdays.

(3) Working on a consecutive Saturday and Sunday may take place only on two out of any four consecutive weekends in each relevant local authority area.

(4) The following operations may take place outside the core working hours referred to in sub-paragraph (1)—

(a)the jointing of underground cables with the exception of cable cutting which will take place only during core working hours;

(b)the installation and removal of conductors, pilot wires and associated protective netting across highways, railway lines or watercourses;

(c)the completion of operations commenced during the core working hours which cannot safely be stopped;

(d)any highway works requested by the relevant highway authority to be undertaken on a Saturday or a Sunday or outside the core working hours;

(e)oil processing of transformers or reactors in substation sites;

(f)the testing or commissioning of any electrical plant installed as part of the authorised development; and

(g)the completion of works delayed or held up by severe weather conditions which disrupted or interrupted normal construction activities.

Control of artificial light emissions

8.—(1) No stage of the authorised development must commence until written details of any temporary or permanent external lighting to be installed during that stage, including measures to prevent light spillage, have been submitted to and approved by the relevant planning authority.

(2) The written details referred to in sub-paragraph (1) must incorporate the mitigation measures in relation to lighting set out in the Biodiversity Mitigation Strategy.

(3) All temporary external lighting must be installed in accordance with the written details referred to in sub-paragraph (1) and maintained during the construction of the relevant stage of the authorised development.

(4) Any temporary external lighting must be removed on completion of the relevant stage of the authorised development.

(5) All permanent external lighting must be installed in accordance with the details approved under sub-paragraph (1).

Provision of embedded landscape mitigation and landscaping schemes

9.—(1) The landscaping works (Environmental Statement Document 5.7) (“landscaping sceme”) for—

(a)Bridgwater Tee Cable Sealing End Compounds (Environmental Statement Document 5.7.3.14A, Figures 7.32.1 to 7.32.4);

(b)South of Mendip Hills Cable Sealing End Compound (Environmental Statement Document 5.7.3.14A, Figures 7.33.1 to 7.33.5);

(c)Sandford Substation (Environmental Statement Document 5.7.3.14A, Figures 7.35.1 to 7.35.6); and

(d)Towerhead Brook Bridge (Environmental Statement Document 5.7.3.14A, Figure 7.36.1)

must be submitted to the relevant planning authority.

(2) a landscaping scheme mentioned in paragraph (a) must be carried out in accordance with the relevant plans and documents listed above and the specification set out at Environmental Statement Document 5.7.2 Appendix 7K (NBS Landscape Specification), with a fifteen-year maintenance period, and as approved by the relevant planning authority, unless otherwise agreed with the relevant planning authority.

Replacement planting

10.—(1) Unless otherwise agreed with the relevant planning authority, no stage of the authorised development may commence until, for that stage, a scheme for the planting of trees, groups of trees, woodlands and hedgerows and blocks of woodland and scrub to replace those to be removed during that stage that accords with Section 9 of the Arboricultural Impact Assessment Report (Document 5.21.1B) has been submitted to and approved by the relevant planning authority.

(2) The planting scheme submitted under sub-paragraph (1) must include details of—

(a)the location and a schedule of plants noting number, species, size and planting density of any proposed planting or seeding;

(b)cultivation, importing of materials, protection measures for planting and other operations to ensure plant and seed establishment;

(c)details of a five-year maintenance regime for areas other than bat flyways and details of an eight-year maintenance regime for the bat flyways;

(d)identify opportunities for early landscape and replacement planting after implementation of the authorised development and for temporary planting at construction compounds prior to implementation of the relevant stage;

(e)management plans for landowners which set out the maintenance activities for years one to five and years six to fifteen; and

(f)a scheme for the property Ashtrees in Mark in accordance with ‘Actions arising from DCO hearing 17 June – Note relating to planting at Ashtrees’, Doc 8.39.6, including a timetable for its implementation.

(3) Where overgrown hedgerows or lines or areas of trees are removed (and cannot be replaced with trees for operational reasons) the planting scheme submitted under sub-paragraph (1) must include in situ replacement planting with hedgerows, areas of hedgerow species or gapping up of existing hedgerows, as appropriate to the locality, at the following locations (Documents 5.21.3)—

(a)to the north and south of Woolavington Road (Environmental Statement Figures 21.2.7 and 21.2.7a);

(b)field boundary trees north of pylon LD8, south of Cripps Farm (Environmental Statement Figure 21.2.10a);

(c)roadside trees either side of Northwick Road, south of pylon LD20 (Environmental Statement Figure 21.2.13a);

(d)field boundary trees at Tarnock between pylon LD31 and LD33 (Environmental Statement Figures 21.2.16a and 21.2.16b);

(e)field boundary trees north of pylon LD46 (Environmental Statement Figure 21.2.27);

(f)tree lines to the north of pylon LD59 and LD63 at North End (Environmental Statement Figures 21.3.30a and 21.2.31b);

(g)field boundary trees between pylon LD75 and LD76 south of North Drove (Environmental Statement Figure 21.2.34);

(h)to the north and south of the junction of Cadbury Camp Lane and Whitehouse Lane (Environmental Statement Figures 21.2.37, 21.2.37a and 21.2.38);

(i)adjacent to pylon P-LD104 and smaller areas further west at Portbury Wharf (Environmental Statement Figure 21.3.3);

(j)on the proposed Storage Facility Site off Gloucester Road (Environmental Statement Figure 21.2.44);

(k)adjacent to the M49 motorway between pylon LD120 and the railway line north of LD124 and south of Moorhouse Farm and pylon G31R (Environmental Statement Figures 21.2.46 and 21.2.46a and Document 4.7.8B sheet 5 of 7); and

(l)across Hallen Marsh and along Ableton Lane and Minor’s Lane and public right of way ORN/27/10 (Environmental Statement Figures 21.2.47, 21.2.47a and 21.2.48).

Implementation of landscaping and replacement planting

11.—(1) All landscaping and replacement planting works referred to in Requirements 9(a), (b) and (d), Requirement 10 and Requirement 30(3) must be implemented at the earliest opportunity and no later than by the first available planting season after that part of the authorised development to which the landscaping or replacement planting works apply is first brought into operational use.

(2) All landscaping and replacement planting works referred to in Requirement 9(c) must be implemented in accordance with the timescale specified in Environmental Statement Figure 7.35.6 as updated by Document 8.18.2.1, Appendix 2.9.27.1, ‘Appendices to Applicant’s Responses to Examining Authority’s Second Round Written Questions Part 1’.

(3) Advance planting must take place at the South of the Mendip Hills Cable Sealing End Compound and the River Axe Cable Bridge option (if used) in accordance with Document 8.18.2.1, Appendix 2.9.27.1, or at a later date within the planting season specified or the next planting season.

(4) Advance planting must take place at the property Ashtrees in Mark in accordance with the scheme approved under Requirement 10(2)(f).

(5) All landscaping and replacement works referred to in Requirements 9 and 10 must be carried out in accordance with specification set out at Document 5.7.2 Appendix 7K (NBS Landscape Specification) and the relevant landscaping scheme for that stage of the authorised development, and to a reasonable standard in accordance with the relevant recommendations of appropriate British Standard or other recognised codes of good practice.

(6) Any tree or shrub planted as part of an approved landscaping or replacement planting scheme that, within a period of fifteen years after planting for embedded landscape mitigation, eight years for bat flyway hedge planting, and five years for all other areas after planting, is removed, dies or becomes in the opinion of the relevant planning authority seriously damaged or diseased, must be replaced in the first available planting season with a specimen of the same species and size as that originally planted, unless otherwise approved by the relevant planning authority.

Retention and protection of existing trees and hedgerows

12.—(1) No stage of the authorised development may commence until, for that stage, a Tree and Hedgerow Protection Strategy (“THPS”) prepared in accordance with BS 5837:2012 (Trees in relation to design, demolition and construction) identifying the trees, groups of trees and hedgerows to be retained during that stage has been submitted to and approved by the relevant planning authority.

(2) The THPS referred to in sub-paragraph (1) must include—

(a)Tree Protection Plans detailing the alignment of temporary physical tree protection measures, in accordance with the details identified in Section 8 of the Arboricultural Impact Assessment report (Document 5.21.1B);

(b)a schedule of all proposed tree removal and pruning with annotated plans;

(c)a specification for temporary physical protection for trees and hedgerows; and

(d)details of an auditable system of compliance with the approved protection measures.

(3) The trees, groups of trees and hedgerows identified in the THPS referred to in sub-paragraph (1) must not be felled or otherwise removed in connection with the construction of the authorised development.

(4) The relevant stage of the authorised development must not commence until the approved protection measures referred to in sub-paragraph (1) are in place, and they must thereafter be maintained during the construction of the relevant stage of the authorised development.

Bird flight diverters

13.—(1) Bird flight diverters must be fitted to the 400kV overhead line in the vicinity of—

(a)the River Brue between pylons LD8 and LD11;

(b)the Huntspill River between pylons LD2 and LD5; and

(c)the King’s Sedgemoor Drain between pylons ZGA1 and ZGA3,

during its construction and must thereafter be retained, unless otherwise agreed by the relevant planning authority, after consultation with Natural England.

(2) Post construction bird collision monitoring of the 400kV overhead line must be undertaken in accordance with the requirements set out in Document 5.33.1 (for the area south of Mark).

(3) When the first of the following has occured—

(a)Commencement of enhancement works for waders and wildfowl have commenced across 9.5ha of land at Hallen Marsh (as measured by the total area of the wetland creation project which includes scrapes for wading birds or ponds for waterfowl and the surrounding land);

(b)The creation of at least 100m² of scrapes or ponds at Hallen Marsh,

National Grid must install large spiral bird diverters on the earth wire between pylons LD125 and LD129 at the next available outage. If the first of (a) or (b) is reached prior to or during the construction of the authorised development, the diverters must be installed during the construction of the overhead lines, or if after energisation of the lines, at the first available outage.

(4) Post construction bird collision monitoring of the 400kV overhead line between pylons P-LD95 and P-LD102A must be undertaken in accordance with a monitoring and mitigation scheme to be submitted to and approved by the local planning authority prior to this stage of the development being strung.

Bat mitigation measures

14.—(1) Bat mitigation measures, including measures for the creation of temporary and permanent bat flyways and foraging areas in the event that hedgerows or grasslands are removed in connection with any stage of the authorised development, must be provided in accordance with the details identified in the Biodiversity Mitigation Strategy, unless otherwise agreed with Natural England after consultation with the relevant planning authority.

(2) The measures referred to in sub-paragraph (1) must be maintained and managed for eight years.

Reinstatement schemes

15.—(1) Subject to sub-paragraph (2), any land within the Order limits which is used temporarily for construction is to be reinstated to its former condition, or such condition as the relevant planning authority may approve, within six months of completion of the construction of the stage of authorised development for which it was required, or such further time as may be approved by the relevant planning authority.

(2) Any land within the Order limits required for the installation of the underground cables is to be reinstated to its former condition, or such condition as the relevant planning authority may approve, within twelve months of completion of installation of the cables in that land, or such further time as may be approved by the relevant planning authority.

(3) The requirement to reinstate the land to its former condition is subject to the provisions of article 29 (temporary use of land by National Grid) and article 30 (temporary use of land by WPD).

Fencing and other means of enclosure

16.—(1) No stage of the authorised development may commence until, for that stage, written details of all proposed temporary and permanent fences, walls or other means of enclosure have been submitted to and approved by the relevant planning authority.

(2) Any temporary fences, walls or other means of enclosure approved under sub-paragraph (1) must remain secure during the construction of the relevant stage of the authorised development in accordance with the written details approved under sub-paragraph (1) unless otherwise agreed with the relevant planning authority.

(3) Any temporary fencing must be removed on either completion of the relevant stage of the authorised development to which it relates or such other time as may be agreed with the relevant planning authority.

(4) Any temporary and permanent fences, walls or other means of enclosure must be installed in accordance with the details approved under sub-paragraph (1).

(5) The details referred to in sub-paragraph (1) must incorporate the mitigation measures in relation to bat flyways set out in the Biodiversity Mitigation Strategy.

(6) The details referred to in sub-paragraph (1) do not apply to temporary amphibian fencing, stock fencing or demarcation fencing.

Surface water drainage

17.—(1) No stage of the authorised development may commence until, for that stage, the Drainage Management Plan) containing written details of the surface and foul water drainage system (including means of pollution control) for both permanent and temporary works have been submitted to and approved by the relevant planning authority after consultation with the sewerage undertaker, the relevant drainage authority and the Environment Agency.

(2) Any temporary surface or foul water drainage system must be constructed in accordance with the approved details and remain during the construction of the relevant stage of the authorised development.

(3) Any permanent surface or foul water drainage system must be constructed in accordance with the details approved under sub-paragraph (1).

Contaminated land and groundwater

18.—(1) No stage of the authorised development may commence until a written scheme applicable to that stage to deal with the ground conditions, including contamination of any land or groundwater within the Order limits which is likely to cause significant harm to persons or pollution of controlled waters or the environment has been submitted to and approved by the relevant planning authority, after consultation with the Environment Agency.

(2) The scheme must accord with the approach set out in the Environmental Statement Document 5.9.1, Chapter 9, and must include an investigation and assessment report, prepared by a specialist consultant approved by the relevant planning authority, to identify the extent of any contamination and the remedial measures to be taken to render the land fit for its intended purpose, together with a management plan which sets out long-term measures with respect to any contaminants remaining on the site.

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

(4) In this requirement, “controlled waters” has the same meaning as in Part 3 of the Water Resources Act 1991(1).

Inspection of temporary watercourses

19.—(1) No stage of the authorised development may commence until a written scheme for the inspection and clearance of debris from any temporary watercourse required in connection with that stage has been submitted to and approved by the relevant planning authority, after consultation with the Environment Agency and the relevant drainage authority.

(2) The approved scheme must be implemented for each temporary watercourse during the construction of that stage of the authorised development until such time as the temporary watercourse has been removed.

Removal of temporary bridges and culverts

20.—(1) Within two months of completion of the construction of any specific stage of the authorised development, a watercourse protection plan for the protection of watercourses during the removal of temporary bridges and culverts must be submitted for approval by the relevant planning authority.

(2) Any temporary bridge or culvert required in connection with any stage of the authorised development must be removed within twelve months of completion of the construction of that stage of authorised development for which is was required, in accordance with the approved watercourse protection plan; or such further time as may be approved by the relevant planning authority, in consultation with the Environment Agency or the relevant drainage authority as appropriate.

Accumulation and deposits

21.—(1) No stage of the authorised development may commence until a written scheme for the management of any accumulations and deposits arising from the construction of that stage has been submitted to and approved by the relevant planning authority, after consultation with the Environment Agency and the relevant drainage authority.

(2) The approved scheme for the management of accumulations and deposits must be implemented before and maintained during the construction of the stage of the authorised development to which it relates.

Highway works

22.—(1) No work to construct or alter any permanent or temporary means of access to a highway to be used by vehicular traffic must commence until written details of the design and layout of that means of access has been submitted to and approved by the relevant highway authority.

(2) The highway accesses must be constructed in accordance with the details approved under sub-paragraph (1).

(3) The undertaker must—

(a)carry out stage 2, 3 and 4 road safety audits of the highway works authorised by this Order in accordance with Standard HD 19/15 of the Department for Transport’s Design Manual for Roads and Bridges or in accordance with any standard that supersedes that Standard,

(b)remedy to the reasonable satisfaction of the relevant highway authority any defects identified in any such road safety audits, and

(c)must implement recommendations arising from the road safety audit reports,

unless otherwise agreed with the relevant highway authority.

HGV traffic

23.—(1) Except in exceptional circumstances, HGV movements associated with the authorised development must not be permitted between 0800–0900 and 1700–1800 at the following highway junctions—

(a)A39/Puriton Hill;

(b)A39 Puriton Hill/Bath Road;

(c)A39 Bath Road/Woolavington Hill;

(d)A38 Bristol Road/Harp Road;

(e)Dunball Roundabout;

(f)A38 Bristol Road/The Drove;

(g)A38 Bristol Road/Wylds Road;

(h)Wylds Road/The Drove;

(i)Central Way/Southern Way;

(j)Northern Way/B3133 Tickeham Road;

(k)Clevedon Road/B3128 Tickenham Hill; and

(l)A403 St Andrew’s Way/Kings Weston Way.

(2) The restrictions do not apply to the movement of HGVs on the strategic or local road network other than at the junctions referred to in sub-paragraph (1) or in relation to abnormal indivisible loads.

Scheme of marking

24.—(1) No stage of the authorised development must commence until a scheme of marking for HGVs and LGVs to identify vehicles engaged on work in the authorised development has been submitted to and approved by the relevant highway authority, after consultation with the relevant planning authority.

(2) The authorised development must be carried out in accordance with the approved scheme of marking.

Highway signage plans

25.—(1) No stage of the authorised development must commence until plans for highway signage for that stage have been submitted to and approved by the relevant highway authority.

(2) The approved signage must be installed before, and maintained during, the construction of the part of the authorised development to which it relates.

(3) Unless otherwise agreed with the relevant highway authority, no signage must be installed other than in accordance with the plans referred to in sub-paragraph (1).

Traffic Incident Management Plan

26.—(1) No stage of the authorised development must commence until a Traffic Incident Management Plan has been submitted to and approved by the relevant highway authority.

(2) The Traffic Incident Management Plan must set out measures to be taken in the event that either—

(a)any part of the strategic or local road networks in the vicinity of the authorised development is temporarily closed; or

(b)traffic from an incident elsewhere is diverted along one of the proposed construction routes for the authorised development.

(3) In the event of a traffic incident as referred to in sub-paragraph (2) during the construction works, the approved measures in the Traffic Incident Management Plan must be implemented.

Travel Plan

27.—(1) Prior to the commencement of development, a Travel Plan must be submitted to the relevant highway authority for approval in writing.

(2) The measures specified in the Travel Plan must include those set out in the Environmental Statement Construction Environmental Management Plan Appendix 4 - Construction Traffic Management Plan (Document 5.26.5C).

(3) The approved plan must be implemented from the commencement of the construction period and in full for the duration of the construction stage of the development

Seabank substation flood defences

28.—(1) Works on the Seabank 400kV substation must not commence until written details and plans of the flood defence wall at the substation, including a timetable for implementation, have been submitted to and approved by the relevant planning authority, after consultation with the Environment Agency.

(2) The flood defence wall must be constructed in accordance with the approved details and timetable referred to in sub-paragraph (1).

Control of operational noise at Sandford substation

29.—(1) The rating level of noise emitted from the Sandford substation site during its operation must not exceed 30dB(A).

(2) The noise level referred to in sub-paragraph (1) must be determined at the nearest residential premises.

(3) The measurements and assessment of the noise levels referred to in sub-paragraph (1) must be made according to BS 4142:1997.

River Axe crossing

30.—(1) The installation of the cables crossing the River Axe may not commence until a written description of the method for crossing the watercourse (confirming which of the alternatives described in Work No. 2B is to be used) has been submitted and approved by to the relevant planning authority.

(2) The works must be carried out in accordance with the method referred to in sub-paragraph (1) unless otherwise approved by the relevant planning authority after consultation with the Environment Agency.

(3) In the event that the cables crossing the River Axe are to be via a bridge, unless otherwise agreed with the relevant planning authority, the River Axe Cable Bridge Option landscaping works (Environmental Statement Document 5.7.3.14A and Figure 7.34.1) must be implemented at the earliest opportunity and no later than the first available planting season following the construction of the bridge and to a reasonable standard in accordance with the relevant recommendations of appropriate British Standard or other recognised codes of good practice.

Residential amenity: information dissemination and complaints handling

31.—(1) The authorised development must not commence until a written scheme for the provision of information to local residents and occupiers about the works and for the handling of complaints has been submitted to and approved by the relevant planning authority, after consultation with the relevant highway authority.

(2) The information to be disseminated must include general provision of information in relation to the phasing and carrying out of construction works for the authorised development and specifically in relation to activities on-site that may lead to nuisance.

(3) The scheme must include a complaints procedure (including but not limited to complaints relating to noise, dust, vibration, pollution and construction traffic) setting out—

(a)how and to whom complaints can be made;

(b)a reasonable timeframe for responding to complaints;

(c)the potential remedies available to address complaints; and

(d)who to contact in the event that the complainant is not satisfied with the outcome of the complaints procedure.

(4) The approved scheme must be implemented as approved throughout the construction of the authorised development, unless otherwise approved by the relevant planning authority.

Approval of external appearances etc. of permanent structures

32.—(1) Any permanent buildings at—

(a)Sandford Substation;

(b)Bridgewater Tee cable sealing end compound;

(c)South of Mendip Hills cable sealing end compound; and

(d)Seabank Substation,

must not be constructed until details of their design, external appearance, colour and surface finish have been submitted to and approved by the relevant planning authority.

(2) Any permanent bridges at—

(a)Towerhead Brook; and

(b)the River Axe,

must not be constructed until details of their design, external appearance, colour and surface finish have been submitted to and approved by the relevant planning authority, after consultation with the Environment Agency.

(3) Any works to construct the buildings and bridges referred to in this Requirement must be completed in accordance with details approved under sub-paragraphs (1) and (2).

Clearance over main rivers

33.  No part of any 400kV overhead electric line may be installed or maintained directly above any main river at a height of less than 10.9 metres above the top level of the bank of that river.

Decommissioning

34.—(1) In the event that, at some future date, the authorised development, or any part of it, is to be decommissioned, a written scheme of decommissioning must be submitted for approval by the relevant planning authority at least six months prior to any decommissioning works.

(2) The approved scheme must be implemented as approved, unless otherwise approved by the relevant planning authority.

(3) This Requirement does not apply to the authorised development and associated development described in Schedule 1 (authorised development) for the dismantling and removal of existing infrastructure or apparatus.

Removal of WPD Works

35.  Any existing WPD infrastructure to be removed as part of the WPD Works must be removed at the earliest opportunity and no later than 12 months after that part of the authorised development to which that part of the WPD Works apply is first brought into operational use.

Colour of T-pylons

36.  All T-pylons must be painted Agate Grey (RAL 7038) in a low reflectivity finish unless a different colour or surface finish is otherwise agreed with the relevant planning authority.

Construction compounds

37.  The construction compounds shown cross hatched and identified as site compounds on the Works Plans must be constructed in the situations shown on those plans, unless otherwise approved by the relevant planning authority.

Design Approach to Site Specific Infrastructure

38.  In relation to Requirements 8 (control of artificial light emissions), 9 (provision of embedded landscape mitigation), 10 (replacement planting), 16 (fencing and other means of enclosure), 22 (highway works), 30 (River Axe crossing) and 32 (approval of external appearances etc. of permanent structures), any detail, method or scheme to be submitted to and approved by the relevant planning authority must be produced having regard to the Design Approach to Site Specific Infrastructure, unless otherwise agreed by the relevant planning authority.

Overhead line conductors

39.—(1) Before the commencement of construction works, details of the overhead line conductors and the Quality Assurance systems to be used for transportation and implementation must be submitted to and approved in writing by the relevant planning authorities.

(2) The authorised development must be carried out in accordance with the approved details.

Assessment of noise impacts

40.—(1) No stage of the authorised development must commence

(a)until an assessment of the noise impacts of those construction works has been carried out for that stage of all the relevant residential properties lying within maximum threshold distances for main construction activities and listed in Environmental Statement Document 5.14 Appendix 14A Tables 2, 3 and 4; and

(b)a scheme to mitigate any impacts has been submitted to and approved by the relevant planning authority.

(2) Any works of mitigation must be carried out in accordance with the scheme before the start of construction works for that stage of the authorised development.

Assessment of vibration impacts

41.  None of the following operations is to be carried out until full vibration impact assessments have been carried out, and a scheme to mitigate any impacts has been submitted to and approved by the relevant planning authority and any works of mitigation required by the scheme have been implemented for any private residential property lying within the limits set out in this Requirement for that operation—

(a)Driven (sheet or column) piling operation within 50m of a private residential property;

(b)Vibratory compaction of haul road/bellmouth within 20m of a private residential property;

(c)Cable trenching within 15m of a private residential property;

(d)Horizontal directional drilling within 25m of a private residential property;

(e)Breaking out of 132kV pylon foundation within 35m of a private residential property.

St Anthony’s Park travellers’ site

42.  No construction activities may be carried out at St Anthony’s Park travellers’ site on the above ground area shown hatched grey on the St Anthony’s Park Enhanced Mitigation Plan drawing no. MMD-322-069-C-SK-GRoute-XX-0001

Site Specific Mitigation Scheme

43.—(1) No stage of the authorised development that affects the sites listed below may commence until a site specific mitigation scheme to mitigate all the impacts of construction activities, including noise, dust, vibration, and visual effects, has been submitted to and approved in writing by the relevant local planning authority. The sites are—

(a)Sunnydene, Northwick Road, Mark, Highbridge, TA9 4PG;

(b)Moorland Park Hewish, Congresbury, BS24 6RQ;

(c)Merriedown, Old Lane, Tickenham, Clevedon, BS21 6RZ;

(d)Spindlewood, Cadbury Camp Lane, Clapton-in-Gordano, BS20 7SA;

(e)Paragon Vehicle Services Limited’s Paint Shop on BPC land at Royal Portbury Wharf, Mainsite South, Royal Portbury Dock Road, Portbury, Bristol, BS20 7XJ;

(f)St Anthony’s Park, Kings Weston Lane, Avonmouth, BS11 8AZ;

(2) The construction works for the relevant stage of the authorised development must be carried out in accordance with the approved scheme referred to in sub-paragraph (1) above.

Bat Special Areas of Conservation

44.  No works may commence until agreement has been secured under section 106 of the 1990 Act between the National Grid and the Joint Councils to cover payment for a monitoring service to cover—

(a)installation, use of and maintenance of temporary bat flyways;

(b)phasing of hedgerow removal and reinstatement works within the cable installation area through any Area of Outstanding Natural Beauty;

(c)maintaining bat foraging habitats in accordance with the Habitat Evaluation Procedure and associated calculations, including seeding of topsoil and subsoil piles;

(d)installation of and eight years’ maintenance of the reinstated permanent bat flyways (hedgerows) from the date of installation;

(e)installation of and maintenance of relevant plantings at Sandford substation, South of the Mendip Hills CSE compound, River Axe Cable Bridge option and Towerhead Brook Bridge of at least eight years from the date of installation; and,

(f)fencing installation and eight years’ maintenance.

England Coast path

45.—(1) No works to—

(a)dismantle the existing overhead lines—

(i)between pylon VQ1 and VQ2, and

(ii)between pylon ZZ4 and ZZ5, and

(b)string the proposed new overhead lines—

(i)between pylon VQ3A and VQ3B, and

(ii)between pylon ZZ4 and ZZ5,

may commence until consent given by the Joint Councils in respect of the diversion of footpaths WL23/71 and WL23/61.

(2) The consent of the Joint Councils referred to in paragraph (1) must not be unreasonably withheld.

Avonmouth Sewage Treatment Works

46.—(1) No works for the underground cable may deviate from the route shown in Drawing No. 13/NG/0387/G/WP(B)/PS/5, unless the consent for such deviation is given by Wessex Water Services Ltd.

(2) If consent to deviation mentioned in sub-paragraph (1) is withheld following a request by the undertaker, the undertaker may appeal to the Secretary of State, who may consent to the deviation if the Secretary of State considers that the consent requested had been withheld by Wessex Water Services Ltd unreasonably.

Article 46

SCHEDULE 4DISCHARGE OF REQUIREMENTS

Applications made under Requirements

1.—(1) Where an application has been made to a relevant authority for any consent, agreement or approval required by a Requirement, the relevant authority must give notice to the undertaker of its decision on the application before the end of the decision period.

(2) For the purposes of sub-paragraph (1), the decision period is—

(a)in the case of a major Requirement—

(i)where no further information is requested under sub-paragraph (3), 8 weeks from the day immediately following that on which the application is received by the relevant authority;

(ii)where further information is requested under sub-paragraph (3), 8 weeks from the day immediately following that on which further information has been supplied by the undertaker under sub-paragraph (3); or

(iii)such longer period as may be agreed by the undertaker and the relevant authority in writing before the end of the period in sub-paragraph (i) or (ii); and

(b)in the case of a minor Requirement—

(i)where no further information is requested under sub-paragraph (3), 5 weeks from the day immediately following that on which the application is received by the relevant authority;

(ii)where further information is requested under sub-paragraph (3), 5 weeks from the day immediately following that on which further information has been supplied by the undertaker under sub-paragraph (3); 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) Where an application has been made to which this Schedule applies the relevant authority may request such reasonable further information from the undertaker as it considers is necessary to enable it to consider the application.

(4) If the relevant authority considers that further information is necessary, the relevant authority must, within 7 business days of receipt of the application, notify the undertaker in writing specifying the further information required.

(5) If the Requirement specifies that consultation with a requirement consultee is required, the relevant authority must issue the consultation to the requirement consultee within 1 business day of receipt of the application and must notify the undertaker in writing specifying any further information requested by the requirement consultee within 1 business day of receipt of such a request and in any event within 28 business days of receipt of the application.

(6) If the relevant authority does not give the notification mentioned in sub-paragraph (4) or (5), it is deemed to have sufficient information to consider the application and is not thereafter entitled to request further information without the prior agreement of the undertaker.

Fees

2.—(1) Where an application is made to a relevant planning authority for any consent, agreement or approval required by a Requirement, a fee must be paid to the relevant planning authority as follows—

(a)£97; or

(b)such other fee as may be prescribed (under sections 303 and 333(2A) of the 1990 Act for the discharge of conditions attached to a planning permission).

(2) Any fee paid under this Schedule must be refunded to the undertaker within 4 weeks of—

(a)the application being rejected as invalidly made; or

(b)the relevant planning authority failing to determine the application within the decision period specified in paragraph 1(1),

unless within that period the undertaker agrees in writing that the fee may be retained by the relevant planning authority and credited in respect of a future application.

Appeals

3.—(1) The undertaker may appeal if—

(a)the relevant authority refuses an application for any consent, agreement or approval required by—

(i)a Requirement, and any document referred to in any Requirement; or

(ii)any other consent, agreement or approval required under this Order,

or grants it subject to conditions to which the undertaker objects;

(b)the relevant authority does not give notice of its decision to the undertaker within the period specified in paragraph 1(1);

(c)having received a request for further information under paragraph 1(3) the undertaker considers that either the whole or part of the specified information requested by the relevant authority is not necessary for consideration of the application; or

(d)having received any further information requested, the relevant 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 procedure for appeals is as follows—

(a)the undertaker must submit to the Secretary of State a copy of the application submitted to the relevant authority and any supporting documents which the undertaker may wish to provide (“the appeal documents”);

(b)the undertaker must on the same day provide copies of the appeal documents to the relevant authority and the requirement consultee (if applicable);

(c)as soon as is practicable after receiving the appeals documents the Secretary of State must appoint a person to determine the appeal (“the appointed person”) and notify the appeal parties of the identity of the appointed person and the address to which all correspondence for the appointed person must be sent;

(d)the relevant authority and the requirement consultee (if applicable) may submit any written representations in respect of the appeal to the appointed person within 10 business days beginning with the first day immediately following the date on which the appeal parties are notified of the appointment of the appointed person 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;

(e)the appeal parties may make any counter-submissions to the appointed person within 10 business days beginning with the first day immediately following the date of receipt of written representations pursuant to paragraph (d); and

(f)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 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 must 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) The appeal parties may submit written representations to the appointed person concerning matters contained in the further information.

(6) Any such representations must be submitted to the appointed person and made available to all appeal parties within 10 business days of the date mentioned in sub-paragraph (3).

Outcome of appeals

4.—(1) On an appeal under paragraph 3, the appointed person may—

(a)allow or dismiss the appeal; or

(b)reverse or vary any part of the decision of the relevant 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.

(2) 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.

(3) 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.

(4) 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.

(5) Any consent, agreement or approval given by the appointed person pursuant to this Schedule is deemed to be an approval for the purpose of Schedule 3 to this Order as if it had been given by the relevant planning authority.

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

(7) Except where a direction is given pursuant to sub-paragraph (8) requiring the costs of the appointed person to be paid by the relevant authority, the reasonable costs of the appointed person must be met by the undertaker.

(8) On application by the relevant 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.

(9) In considering whether to make any such direction and the terms on which it is made, the appointed person must have regard to Communities and Local Government Circular 03/2009 or any circular or guidance which may from time to time replace it.

Interpretation of Schedule 4

5.  In this Schedule—

“the appeal parties” means the relevant authority, the requirement consultee and the undertaker;

“major Requirement” means Requirements 3, 5, 6, 8, 9, 10, 12, 18, 22, 26, 27 and 30 in Schedule 3;

“minor Requirement” means Requirements 4, 7, 11, 13, 16, 17, 19, 20, 21, 24, 25, 28, 31, 32, 34, 36 and 37 in Schedule 3;

“relevant authority” means the relevant planning authority, relevant highway authority, relevant street authority, Environment Agency, Natural England or relevant owner of a watercourse, sewer or drain as may be appropriate to the consent or approval sought; and

“requirement consultee” means any body named in a Requirement as a body to be consulted by the relevant authority in discharging that Requirement.

Article 10

SCHEDULE 5STREETS SUBJECT TO STREET WORKS

Article 12

SCHEDULE 6STREETS SUBJECT TO ALTERATION OF LAYOUT

PART 1STREETS SUBJECT TO PERMANENT ALTERATION OF LAYOUT

PART 2STREETS SUBJECT TO TEMPORARY ALTERATION OF LAYOUT

Article 13

SCHEDULE 7STREETS OR PUBLIC RIGHTS OF WAY TO BE TEMPORARILY STOPPED UP

PART 1STREETS OR PUBLIC RIGHTS OF WAY TO BE TEMPORARILY STOPPED UP FOR WHICH A DIVERSION IS TO BE PROVIDED

PART 2STREETS OR PUBLIC RIGHTS OF WAY TO BE TEMPORARILY STOPPED UP FOR WHICH NO DIVERSION IS TO BE PROVIDED

Article 24

SCHEDULE 8EXTINGUISHMENT OF PRIVATE RIGHTS AND RESTRICTIVE COVENANTS RELATING TO APPARATUS BELONGING TO NATIONAL GRID OR WPD REMOVED FROM LAND SUBJECT TO TEMPORARY POSSESSION

PART 1NATIONAL GRID

PART 2WESTERN POWER DISTRIBUTION

Article 35

SCHEDULE 9DEEMED MARINE LICENCE

PART 1INTRODUCTORY

Interpretation

1.—(1) In this licence—

“the 2008 Act” means the Planning Act 2008(2);

“the 2009 Act” means the Marine and Coastal Access Act 2009(3);

“authorised development” has the meaning given in paragraph 4;

“Environmental Statement” means the environmental statement (May 2014 – Documents 5.1 to 5.7.3.13, 5.8.1 to 5.19, 5.22.1, 5.22.2.1 to 5.22.3, 5.23.1 to 5.23.4, and 5.24), the environmental statement advertisement for consultation on increased pylon height within Bristol Port, Avonmouth (June 2015 - Document 5.34.2), the National Grid’s report of environmental statement sensitivity test advertisement (March 2015 – Document 8.8) and the documents contained in or named in the consolidated errata and changes (June 2015 – Document 5.30.B.1, 5.30.B.2 and 5.30.B.3) submitted by National Grid to support its application, as set out in the Guide to the Application Document 1.7I including Document 5.21.2A incorrectly referred to as superseded, Document 5.22.1A referred to as the latest when it is supplementary, but excluding Document 5.27 which does not form part of the Environmental Statement;

“licence holder” means the undertaker and any agent, contractor or sub-contractor acting on its behalf;

“licensed activity” means any activity described in Part 2 of this licence;

“maintain” includes inspect, repair, adjust, alter, remove, reconstruct or replace the authorised development, provided such works do not give rise to any materially new or materially different environmental effects to those identified in the Environmental Statement, and any derivative of “maintain” must be construed accordingly;

“mean high water springs” means the average of high water heights occurring at the time of the spring tides;

“MMO” means the Marine Management Organisation;

“Public Rights of Navigation Plan” means the plan listed in Part 4 of Schedule 2 (plans) to the Order and certified as the Public Rights of Navigation Plan by the Secretary of State under article 44 of the Order

“the Order” means the National Grid (Hinkley Point C Connection Project) Order 2016;

“SAC habitat” means the habitat within a Special Area of Conservation entered in the Register of European Sites, held by the Department for Environment, Food and Rural Affairs;

“the undertaker” means National Grid Electricity Transmission plc (registered company number 2366977);

“vessel” means every description of vessel, however propelled or moved, and includes a non-displacement craft, a personal watercraft, a barge, a jack up barge, a seaplane or helicopter on the surface of the water, a hydrofoil vessel, a hovercraft or any other amphibious vehicle and any other thing constructed or adapted for movement through, in or over water and which is at the time in, on or over water.

“Works Plans” means the plans listed in Part 8 of Schedule 2 (plans) to the Order and certified as the Works Plans by the Secretary of State under article 44 of the Order, references to a particular Works Plan must be construed accordingly

(2) Unless otherwise specified, all geographical co-ordinates given in this Schedule are in latitude and longitude degrees and minutes to two decimal places.

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, Newcastle Business Park, Newcastle upon Tyne, NE4 7YH and where contact to the MMO Local Office is required, the following contact details should be used: The Fish Quay, Sutton Harbour, Plymouth, Devon PL4 0LH, Tel: 01752 228 001 Fax: 01752 221 239.

(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.consent@marinemanagement.org.uk and where contact to the MMO Local Office is required, the following address should be used: plymouth@marinemanagement.org.uk.

PART 2LICENSED ACTIVITIES

3.  Subject to the licence conditions in Part 4 of this licence, this licence authorises the licence holder to carry out any licensable marine activities under section 66(1) of the 2009 Act which involve the construction, alteration or improvement of any works in or over the sea or on or under the sea bed and which—

(a)form part of the authorised development; and

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

4.  In this licence, “authorised development” means—

(a)Work No. 1G – LD, as set out in Schedule 1 to the Order, concerning the route south of River Avon to Seabank Substation, namely—

(i)Works to construct a 400kV overhead electric line, between pylon P-LD106 and Seabank 400kV Substation. The route is 8.3km in length commencing at pylon P-LD106 on Works Plan section G sheet 2 and terminating at Seabank 400kV Substation on Works Plan section G sheet 7 and consists of 27 pylons and the installation of conductors, insulators and fittings.

(ii)The works include installation and construction of a temporary site compound along the route of the overhead electric line, as shown on Works Plan section G sheet 3, containing welfare facilities, material lay down and parking areas.

(b)Any other development authorised by the Order, which is development within the meaning of section 32 of the 2008 Act, and more particularly the installation of a 400kV overhead electric line, in the vicinity of, and over, the River Avon as is shown hatched on Section G, Sheet 1 of the Public Rights of Navigation Plan.

PART 3ENFORCEMENT

5.  Any breach of this licence does not constitute a breach of the Order but is subject to the enforcement regime in Chapter 3 of Part 4 of the 2009 Act as a licence deemed to have been granted under section 149A of that Act.

PART 4CONDITIONS

6.  For such of the licensable marine activities that involve the construction, alteration or improvement of works in or over the sea or on or under the sea bed, the conditions below apply to any person who for the time being owns, occupies or enjoys any use of those works.

7.  Should the licence holder become aware that any of the information on which the granting of this licence was based has changed or is likely to change, the licence holder must notify the MMO at the earliest opportunity.

Prior to the commencement of the works

8.—(1) The licence holder must submit a detailed method statement at least 20 business days prior to the commencement of the first licensed marine activity for approval by the MMO.

(2) The authorised development must be undertaken in accordance with the approved method statement.

9.  The licence holder must inform the MMO and Environment Agency in writing of the intended start date and the likely duration of licensed activities on a site at least 10 business days prior to the commencement of the first licensed marine activity.

10.  The licence holder must ensure that it inform the MMO in writing of all contractor and vessel details at least 10 business days prior to commencement of any licensed marine activity.

11.  The licence holder must inform the MMO Local Office in writing of the timetable of the licensed activities at least 10 business days prior to commencement of any licensed marine activity.

12.  The licence holder must inform the relevant harbour authorities in writing of the licensed marine activities (including timetable, contractor and vessel details) at least 20 business days prior to commencement of any licensed activity. The contact details are as follows—

(1) Marine Department, The Bristol Port Company, Avonmouth Docks, Avonmouth, Bristol BS11 9AT, marine.admin@bristolport.co.uk, Tel: 0117 982 0000

(2) Bristol City Docks, Harbour Office, Underfall Yard, Cumberland Road, Bristol BS1 6XG, harbour.office@bristol.gov.uk, Tel: 0117 903 1484, 0117 903 1487.

Upon commencement of the works

13.  Should vessels be used on the surface of the water, temporary ground protection in the form of trackway or similar must be used to protect the salt marsh SAC habitats when taking the pilot bonds to the vessels.

14.  Should vessels be used on the surface of the water: the vessels must only be used at periods of high tide to avoid disturbing intertidal habitats.

15.  The licence holder 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 Environment Agency Pollution Prevention Guidelines.

16.  The licence holder must ensure suitable bunding or storage facilities are employed to prevent the release of fuel oils, lubricating fluids and chemicals associated with vessels, plant and equipment into the marine environment.

17.  The licence holder must ensure that any oil, fuel or chemical spill within the marine environment is reported to the MMO, Marine Pollution Response Team—

Within Office hours: 0870 785 1050

Outside Office hours: 07770 977 825

At all times if other numbers out of order 0845 051 8486

Email: dispersants@marinemanagement.org.uk

18.  Any construction materials that are misplaced below mean high water springs and cannot be recovered must be located and their position notified to the MMO Local Office and the MMO as deemed Licensing Authority within 48 hours.

19.  The licence holder must ensure that the MMO Local Office is notified in writing of the completion of the works within 10 business days following the completion of any of the works.

20.  The licence holder must ensure that any equipment, temporary structures, waste and debris associated with the works are removed within 20 business days of completion of any of the works.

21.—(1) The licence holder must ensure that if maintenance is required which involves a licensable marine activity (“marine licensable maintenance works”), a methodology for such maintenance must be submitted to the MMO for agreement in writing at least 28 business days prior to commencement of any maintenance works amounting to licensable marine activity.

(2) No marine licensable maintenance works referred to in paragraph 21(1) may commence without prior written approval from the MMO.

(3) This condition does not apply to maintenance works which are taken in an emergency, in accordance with section 86 of the 2009 Act.

Article 22

SCHEDULE 10MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

Compensation enactments

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

2.—(1) Without limitation on the scope of paragraph (1), the Land Compensation Act 1973(4) has effect subject to the modifications set out in sub-paragraphs (2) and (3).

(2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 of the 1965 Act as substituted by paragraph 4—

(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 is exercisable or the restrictive covenant enforceable”.

(3) For section 58(1)(5) (determination of material detriment where part of house etc. proposed for compulsory acquisition), as it applies to determinations under section 8 of the 1965 Act as substituted by paragraph 5 substitute—

“(1) In determining under section 8(1) or 34(2) of the Compulsory Purchase Act 1965, or section 166(2) of the Town and Country Planning Act 1990 whether—

(a)a right over or a restrictive covenant affecting land consisting of a house, building or manufactory can be taken or imposed without material detriment or damage to the house, building or manufactory; or

(b)a right over or a restrictive covenant affecting land consisting of a park or garden belonging to a house can be taken or imposed without seriously affecting the amenity or convenience of the house,

the Upper Tribunal must take into account not only the effect of the acquisition of the right or imposition of the restrictive covenant but also the use to be made of the right or restrictive covenant proposed to be acquired or imposed, and, in a case where the right or restrictive covenant is proposed to be acquired or imposed for works or other purposes extending to other land, the effect of the whole of the works and the use to be made of the other land.”.

Application of the 1965 Act

3.—(1) The 1965 Act has effect with the modifications necessary to make it apply to the compulsory acquisition under this Order of a right by the creation of a new right, or to the imposition under this Order of a restrictive covenant, as it applies to the compulsory acquisition under this Order of land, so that, in appropriate contexts, references in that Act to land 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 limitation on 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.

4.  For section 7 of the 1965 Act (measure of compensation) substitute—

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

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

“8.—(1) Where in consequence of the service on a person under section 5 of this Act of a notice to treat in respect of a right over land consisting of a house, building or manufactory or of a park or garden belonging to a house (“the relevant land”)—

(a)a question of disputed compensation in respect of the purchase of the right or the imposition of the restrictive covenant would apart from this section fall to be determined by the Tribunal; and

(b)before the Tribunal has determined that question the Tribunal is satisfied that the person has an interest in the whole of the relevant land and is able and willing to sell that land and—

(i)where that land consists of a house, building or manufactory, that the right cannot be purchased or the restrictive covenant imposed without material detriment to that land; or

(ii)where that land consists of such a park or garden, that the right cannot be purchased or the restrictive covenant imposed without seriously affecting the amenity or convenience of the house to which that land belongs,

the National Grid (Hinkley Point C Connection Project) Order 2016 (“the Order”) ceases, in relation to that person, to authorise the purchase of the right or imposition of a restriction and is deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of such a park or garden, the house to which it belongs, and the notice is deemed to have been served in respect of that interest on such date as the Tribunal directs.

(2) Any question as to the extent of the land in which the Order is deemed to authorise the purchase of an interest by virtue of subsection (1) of this section must be determined by the Tribunal.

(3) Where in consequence of a determination of the Tribunal that it is satisfied as mentioned in subsection (1) the Order is deemed by virtue of that subsection to authorise the purchase of an interest in land, the acquiring authority may, at any time within the period of 6 weeks beginning with the date of the determination, withdraw the notice to treat in consequence of which the determination was made; but nothing in this subsection prejudices any other power of the authority to withdraw the notice.”.

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

(a)section 9(4) (failure by owners to convey);

(b)paragraph 10(3) of Schedule 1 (owners under incapacity);

(c)paragraph 2(3) of Schedule 2 (absent and untraced owners); and

(d)paragraphs 2(3) and 7(2) of Schedule 4 (common land),

are modified 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(6) 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 12(7) (penalty for unauthorised entry) and 13(8) (entry on warrant in the event of obstruction) of the 1965 Act are modified correspondingly.

8.  Section 20(9) of the 1965 Act (protection for interests of 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 (protection of acquiring authority’s possession where by inadvertence an estate, right or interest has not been got in) is modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired or to enforce the restriction imposed, subject to compliance with that section as respects compensation.

Article 19

SCHEDULE 11LAND WHICH MAY BE COMPULSORILY ACQUIRED

Articles 29 and 30

SCHEDULE 12LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

PART 1NATIONAL GRID

PART 2WESTERN POWER DISTRIBUTION

Article 40

SCHEDULE 13TRAFFIC REGULATION

PART 1TEMPORARY PROHIBITION OF VEHICULAR ACCESS AND NO WAITING AND SPEED RESTRICTION

PART 2TEMPORARY PROHIBITION OF VEHICULAR ACCESS AND NO WAITING RESTRICTION

PART 3NO WAITING RESTRICTION

Article 42

SCHEDULE 14TREES SUBJECT TO TREE PRESERVATION ORDERS

Article 43

SCHEDULE 15PROTECTIVE PROVISIONS

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

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

2.  In this Part—

“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—

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;

“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;

“statutory undertaker” means—

for the area of the authorised development, and in relation to any apparatus, means the statutory undertaker to whom it belongs or by whom it is maintained.

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.

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.

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 and any right of a statutory undertaker to maintain that apparatus in that land must not be extinguished until alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the 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 written notice of that requirement, together with a plan and section of the work proposed.

(3) If alternative apparatus or any part of such apparatus is to be constructed as a consequence of the removal of apparatus placed on the land referred to in sub-paragraph (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 best endeavours to obtain the necessary facilities and rights in other land in which the alternative apparatus is to be constructed

(4) 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 49 (arbitration), and after the grant to the statutory undertaker of any such facilities and rights as are referred to in sub-paragraph (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.

(5) Despite anything in sub-paragraph (4), 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.

(6) Nothing in sub-paragraph (5) 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.

6.—(1) Not less than 28 days before starting the execution of any works of the type referred to in paragraph 5(2) that are near to, or will or may affect, any apparatus the removal of which has not been required by the undertaker under paragraph 5(2), the undertaker must submit to the 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 sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by the statutory undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the statutory undertaker is entitled to watch and inspect the execution of those works.

(3) Any requirements made by a statutory undertaker under sub-paragraph (2) must be made within a period of 28 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 sub-paragraph (3) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, 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 sub-paragraph (1) 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 sub-paragraph (2) in so far as is reasonably practicable in the circumstances.

7.—(1) Subject to the following provisions of this paragraph, the undertaker must pay to the statutory undertaker in question the proper and reasonable expenses reasonably 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 sub-paragraph (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 49 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 sub-paragraph (1) is to be reduced by the amount of that excess.

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

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

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

(5) An amount which apart from this sub-paragraph would be payable to a statutory undertaker in respect of works by virtue of sub-paragraph (1) 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.

PART 2PROTECTION FOR OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

8.—(1) 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.

(2) In this Part—

“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(13);

“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;

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

9.  The exercise of the powers in article 33 (statutory undertakers) is subject to paragraph 23 of Schedule 2 to the Telecommunications Act 1984(14).

10.—(1) Subject to sub-paragraphs (2) to (3), if as the result of the authorised development or its construction, or of any subsidence resulting from any of those works, any damage is caused to any electronic communications apparatus belonging to an operator (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or other property of an operator, the undertaker must bear and pay the cost reasonably and properly incurred by the operator in making good such damage.

(2) Nothing in sub-paragraph (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 be referred to and settled by arbitration under article 49 (arbitration).

11.  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.

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

PART 3PROTECTION FOR HIGHWAYS AND TRAFFIC

13.  The provisions of this Part have effect unless otherwise agreed in writing between the undertaker and the relevant highway authority;

14.—(1) In this Part—

“approved”, in relation to plans, means approved, deemed to be approved or settled by arbitration in accordance with this Part;

“plans” includes sections, designs, drawings, specifications, soil reports, staging proposals, programmes, calculations, methods of construction, risk assessments and details of the extent, timing and duration of any proposed occupation of any highway;

“property of the relevant highway authority” means any apparatus or street furniture of the relevant highway authority affixed to or placed under any highway;

“relevant highway authority”, in relation to a highway, means the highway authority for the area in which the highway is situated.

(2) Wherever in this Part provision is made with respect to the approval or consent of the relevant highway authority, that approval or consent must be in writing and may be given subject to such reasonable terms and conditions as the relevant highway authority may require.

15.  In exercising the powers conferred by this Order in relation to any highway, the undertaker must have regard to the potential disruption of traffic which may be caused and must seek to minimise such disruption so far as is reasonably practicable.

16.—(1) The undertaker must not, without the consent of the relevant highway authority, construct any part of the works authorised by this Order under, or within 50 metres of, the surface of any highway which comprises a carriageway except in accordance with plans submitted to, and approved by, the relevant highway authority.

(2) If within 28 days after such plans have been submitted the relevant highway authority has not approved or disapproved them, it is deemed to have approved the plans as submitted.

(3) In the construction of any part of the said works under a highway no part of it may, except with the consent of the relevant highway authority, be so constructed as to interfere with the provision of proper means of drainage of the surface of the highway or be nearer than 2 metres to the surface of the highway.

17.  The undertaker must not under the powers conferred by or under this Order without the consent of the relevant highway authority, acquire, enter upon or take or use whether temporarily or permanently, or acquire any new rights over, any part of any highway, including subsoil beneath the surface of any highway.

18.—(1) Before commencing the construction of, or the carrying out of any work which involves interference with a highway, the undertaker must submit to the relevant highway authority for its approval plans, drawings and particulars (in this paragraph referred to as “plans”) relating to the works, and the works may not be carried out except in accordance with the plans submitted to, and approved by, the relevant highway authority.

(2) If within 28 days after the plans have been submitted the highway authority has not approved or disapproved them, it is deemed to have approved the plans as submitted.

19.  Any officer of the relevant highway authority duly appointed for the purpose may at all reasonable times, on giving to the undertaker such notice as may in the circumstances be reasonable, enter upon and inspect any part of the works authorised by this Order which—

(a)is in, over or under any highway, or

(b)which may affect any highway or any property of the relevant highway authority,

during the carrying out of the work, and the undertaker must give to the officer all reasonable facilities for such inspection and, if the officer is of the opinion that the construction of the work is attended with danger to any highway or to any property of the relevant highway authority on or under any highway, the undertaker must adopt such measures and precautions as may be reasonably practicable for the purpose of preventing any damage or injury to the highway.

20.—(1) The undertaker must not alter, disturb or in any way interfere with any property of the relevant highway authority on or under any highway, or the access thereto, without the consent of the relevant highway authority, and any alteration, diversion, replacement or reconstruction of any such property which may be necessary is to be made by the relevant highway authority or the undertaker as the relevant highway authority thinks fit, and the expense reasonably incurred by the relevant highway authority in so doing must be paid to the relevant highway authority by the undertaker.

(2) If within 28 days after a request for consent has been submitted the relevant highway authority has not given or refused such consent, it is deemed to have consented to the request as submitted.

21.  The undertaker must not remove any soil or material from any highway except so much as must be excavated in the carrying out of the works authorised by this Order.

22.—(1) If the relevant highway authority, after giving to the undertaker not less than 28 days’ notice (or, in case of emergency, such notice as is reasonably practicable) of its intention to do so, incurs any additional expense in the signposting of traffic diversions, in the diversion of footpaths, in the taking of other measures in relation to that or in the repair of any highway by reason of the diversion to that traffic from a road of a higher standard, in consequence of the construction of the works authorised by this Order, the undertaker must pay to the relevant highway authority the amount of any such expense reasonably so incurred.

(2) An amount which apart from this sub-paragraph would be payable to the relevant highway authority by virtue of this paragraph in respect of the repair of any highway must, if the highway fell or would have fallen due for repair as part of the maintenance programme of the relevant highway authority at any time within 10 years of the repair being carried out by the undertaker, so as to confer on the relevant highway authority financial benefit (whether by securing the completion of overdue maintenance work for which the relevant highway authority is liable or by deferment of the time for such work in the ordinary course), be reduced by the amount which represents that benefit.

23.—(1) The undertaker must not, except with the consent of the relevant highway authority,—

(a)deposit any soil or materials, or stand any plant, on or over any highway so as to obstruct or render less safe the use of the highway by any person; or

(b)deposit any soil or materials on any highway outside a hoarding.

(2) If within 28 days after request for it the consent of the relevant highway authority is neither given nor refused, it is deemed to have been given.

(3) The expense reasonably incurred by the relevant highway authority in removing any soil or materials deposited on any highway in contravention of this paragraph must be paid to the relevant highway authority by the undertaker.

24.  The undertaker must not, except with the consent of the relevant highway authority, erect or retain on or over a highway to which the public continues to have access any scaffolding or other structure which obstructs the highway.

25.  The undertaker must, if reasonably so required by the relevant highway authority, provide and maintain to the reasonable satisfaction of the relevant highway authority, during such time as the undertaker may occupy any part of a highway for the purpose of the construction of any part of the works authorised by this Order, temporary bridges and temporary ramps for vehicular or pedestrian traffic over any part of the works or in such other position as may be necessary to prevent undue interference with the flow of traffic in the highway.

26.—(1) Where any part of any highway has been broken up or disturbed by the undertaker and not permanently stopped up or diverted, the undertaker must make good the subsoil, foundations and surface of that part of the highway to the reasonable satisfaction of the relevant highway authority, and must maintain the same to the reasonable satisfaction of the relevant highway authority for such time as may reasonably be required for the permanent reinstatement of the highway. No such works may take place except with the consent of the relevant highway authority.

(2) The reinstatement of that part of the highway must be carried out by the undertaker to the reasonable satisfaction of the relevant highway authority in accordance with such requirements as to specification of material and standards of workmanship as may be prescribed for equivalent reinstatement work by regulations made under section 71 of the 1991 Act.

27.  If any damage to any highway or any property of the relevant highway authority on or under any highway is caused by, or results from, the construction of any work authorised by this Order or any act or omission of the undertaker, its contractors, agents or employees whilst engaged upon such work, the undertaker may, in the case of damage to a highway, make good such damage to the reasonable satisfaction of the relevant highway authority and, where the undertaker does not make good, or in the case of damage to property of the relevant highway authority, the undertaker must pay compensation to the relevant highway authority. No such works may take place except with the consent of the relevant highway authority.

28.  The fact that any act or thing may have been done in accordance with plans approved by the relevant highway authority does not (if it was not attributable to the act, neglect or default of the relevant highway authority, any person in its employ, its contractors or its agents) exonerate the undertaker from any liability, or affect any claim for damages, under this Part or otherwise.

29.  Any difference arising between the undertaker and the relevant highway authority under this Part (other than in difference as to the meaning or construction of this Part) must be resolved by arbitration under article 49 (arbitration).

PART 4PROTECTION FOR RAILWAY INTERESTS

30.  The provisions of this Part have effect unless otherwise agreed in writing between the undertaker and Network Rail.

31.  In this Part—

“construction” includes execution, placing, alteration and reconstruction and “construct” and “constructed” have corresponding meanings;

“engineer” means an engineer appointed by Network Rail for the purposes of this Order;

“network licence” means the network licence, as amended from time to time, granted to Network Rail by the Secretary of State in exercise of the powers in section 8 of the Railways Act 1993(15);

“Network Rail” means Network Rail Infrastructure Limited (registered company number 2904587) 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(16)) 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—

“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.

32.—(1) Where under this Part 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 its 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.

33.—(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 under article 49 (arbitration).

(2) The approval of the engineer under sub-paragraph (1) must not be unreasonably withheld, and if by the end of the period of 28 days beginning with the date on which the plans have been supplied to Network Rail the engineer has not intimated disapproval of those plans and the grounds of disapproval, the undertaker may serve upon the engineer written notice requiring the engineer to intimate approval or disapproval within a further period of 28 days beginning with the date upon which the engineer receives written notice from the undertaker and if, by the expiry of the further 28 days period specified in the written notice the engineer has not intimated approval or disapproval, the engineer is 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 with all reasonable dispatch 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 approval of the plans, the engineer may specify any protective works (whether temporary or permanent) which in the opinion of the engineer must 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 them (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 work), and such protective works as may be reasonably necessary for those purposes are to 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 with all reasonable dispatch, and the undertaker must not commence the construction of the specified work until the engineer has notified the undertaker that the protective works have been completed to the engineer’s reasonable satisfaction.

34.—(1) Any specified work and any protective works to be constructed by virtue of paragraph 33(4) must, when commenced, be constructed—

(a)with all reasonable dispatch in accordance with the plans approved or deemed to have been approved or settled under paragraph 33;

(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 is 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 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 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.

35.  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 the engineer may reasonably require with regard to a specified work or the method of constructing it.

36.  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 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.

37.—(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 12 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 33(1), 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 38(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 the saving must be set off against any sum payable by the undertaker to Network Rail under this paragraph.

38.  The undertaker must pay 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 33(3) or in constructing any protective works under paragraph 33(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, guards and other persons whom it is reasonably necessary to appoint for inspecting, signalling, watching and lighting railway property and for preventing, so far as may be reasonably practicable, interference, obstruction, danger or accident arising from the construction or failure of a specified work;

(d)in respect of any special traffic working resulting from any speed restrictions which may in the opinion of the engineer, need 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.

39.—(1) In this paragraph—

“EMI” means, subject to sub-paragraph (2), electromagnetic interference with Network Rail apparatus generated by the operation of the authorised development where such interference is of a level which adversely affects the safe operation of Network Rail’s apparatus;

“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 the EMI is not attributable to any change to Network Rail’s apparatus carried out after approval of plans under paragraph 33(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 continue to consult with Network Rail (both before and after formal submission of plans under paragraph 33(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 paragraph (a); and

(c)Network Rail must allow the undertaker reasonable facilities for the inspection of Network Rail’s apparatus identified pursuant to paragraph (a).

(5) In any case where it is established that EMI can reasonably be prevented only by modifications to Network Rail’s apparatus, Network Rail must not withhold its consent unreasonably to modifications of Network Rail’s apparatus, but Network Rail may, in its reasonable discretion, select the means of prevention and the method of their execution, and in relation to such modifications paragraph 33(1) has effect subject to this sub-paragraph.

(6) If at any time prior to the commencement of regular revenue-earning operations comprised in the authorised development 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 the 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 the EMI until all measures necessary have been taken to remedy the EMI by way of modification to the source of the 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 the EMI;

(b)Network Rail must afford reasonable facilities to the undertaker for access to Network Rail’s apparatus in the investigation of the 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 the 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 34.

(9) For the purpose of paragraph 38(a) any modifications to Network Rail’s apparatus under this paragraph are deemed to be protective works referred to in that sub-paragraph.

(10) In relation to any dispute arising under this paragraph, the reference in article 49 (arbitration) to the Secretary of State must be read as a reference to the President of the Institution of Engineering and Technology.

40.  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.

41.  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.

42.  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 at least 56 days’ prior notice of the commencement of such alteration, reconstruction or maintenance has been given to the undertaker, be paid by the undertaker to Network Rail.

43.—(1) The undertaker must—

(a)pay to Network Rail all reasonable and proper costs, charges, damages and expenses not otherwise provided for in this Part (but subject to the provisions of this paragraph) which may be occasioned to or reasonably incurred by Network Rail by reason of—

(i)the construction or maintenance of a specified work or the failure of such a work; or

(ii)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; and

(b)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.

(2) The fact that any act or thing may have been done by Network Rail on behalf of the undertaker or in accordance with plans approved by the engineer or in accordance with any requirement of the engineer or under the supervision of the engineer does 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 sub-paragraph (1).

(3) Network Rail must—

(a)give the undertaker written notice of any such claims or demands as soon as reasonably possible after Network Rail become aware of any such claims or demands;

(b)not admit liability or make any offer to settle or settle or compromise any such claim or demand without the prior 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);

(c)take all reasonable steps to mitigate any liabilities relating to such claims or demands; and

(d)keep the undertaker informed in relation to the progress of any such claims and demands and pay due regard to the undertaker’s reasonable representations in relation to them.

(4) In no circumstances is the undertaker liable to Network Rail under sub-paragraph (1) for any indirect or consequential loss or loss of profits, save that the sums payable by the undertaker under that sub-paragraph include a sum equivalent to the relevant costs in circumstances where—

(a)Network Rail is liable to make payment of the relevant costs pursuant to the terms of an agreement between Network Rail and a train operator; and

(b)the existence of that agreement and the extent of Network Rail’s liability to make payment of the relevant costs pursuant to its terms has previously been disclosed in writing to the undertaker,

but not otherwise.

(5) Subject to the terms of any agreement between Network Rail and a train operator regarding the amount, 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 (4) which relates to the relevant costs of that train operator.

(6) The obligation under sub-paragraph (4) to pay Network Rail the relevant costs is, in the event of default, enforceable directly by any train operator concerned to the extent that such sums would be payable to that operator pursuant to sub-paragraph (5).

(7) In this paragraph—

“relevant costs” means the costs, direct losses and expenses (including loss of revenue) reasonably incurred by a train operator as a consequence of any restriction of the use of Network Rail’s railway network as a result of the construction, maintenance or failure of a specified work or any such act or omission as mentioned in sub-paragraph (1);

“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.

44.  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 with such information as may reasonably enable the undertaker to assess the reasonableness of any such estimate or claim made or to be made pursuant to this Part.

45.  In the assessment of any sums payable to Network Rail under this Part, no account must be taken of 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 or increasing the sums so payable.

46.  The undertaker and Network Rail may, subject in the case of Network Rail to compliance with the terms of its network licence, enter into, and carry into effect, agreements for the transfer to the undertaker of—

(a)any railway property shown on the Works Plans and 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.

47.  Nothing in this Order, or in any enactment incorporated with or applied by this Order, prejudices or affects the operation of Part 1 of the Railways Act 1993.

48.  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 44 (certification of plans etc.) are certified by the Secretary of State, provide a set of those plans to Network Rail in the form of a computer disc with read-only memory.

PART 5PROTECTION FOR FIRST CORPORATE SHIPPING LIMITED

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

Definitions

50.—(1) In this Part—

“access works” means works—

and includes, without limitation on the scope of the foregoing, any works under article 10 (street works) or article 12 (power to alter layout, etc. of streets) in respect of or affecting any private street or any dock public road;

“ancillary work” means so much of any of the authorised development as is situated on, over, across, or under BPC’s land and comprises—

“BPC” means First Corporate Shipping Limited (registered company number 2542406), trading as The Bristol Port Company, being the statutory harbour authority and competent harbour authority for the Port;

“BPC’s land” means the whole and each of every part of all the leasehold and freehold land and rights and the benefit of all covenants, owned by or vested in BPC at Avonmouth, Chittening and Portbury—

and includes, without limitation on the scope of the foregoing, any private street;

“construction access rights” means any and all powers conferred on the undertaker by this Order to exercise temporary powers of access over any land with or without vehicles, plant and equipment including, without limitation on the scope of the foregoing, any ancillary powers to remove buildings, structures, pylons and vegetation from that land and to construct works for the purpose of providing a means of access, and including all such powers whether conferred and described in the Book of Reference as rights or subordinate rights;

“dock access network” means each street set out in column (2) of the following table to the extent that it is maintainable highway—

“dock public road” means each streets set out on column (2) of the following table to the extent that it is maintainable highway—

“drainage works” means works to create, alter or remove any culvert or other crossing over, under or affecting any watercourse or drainage ditch on, over or under BPC’s land;

“maintainable highway” has the same meaning as in section 86(1) of the 1991 Act;

“plans” includes sections, designs, drawings and specifications and construction methodologies;

“Port” means the port and harbour of Bristol;

“powers of temporary possession” means—

“private access” means each of the private streets within the districts of North Somerset Council or Bristol City Council (and referred to in this Order as The Drove and Victoria Road);

“private street” means any street on BPC’s land which is not a maintainable highway;

“works programme” means the final programme for the execution of the authorised development on, over or under BPC’s land presented to BPC under paragraph 57, together with such amendments to that programme as may from time to time be agreed in writing between BPC and National Grid, each acting reasonably and without delay.

(2) In this Part, references to a requirement to consult include that consultation must take place in good faith and in a timely manner with the provision of all reasonably necessary information and that the party concerned must act reasonably in taking into account the reasonable comments made by the other party in response.

(3) In this Part, references to BPC’s consent, approval or agreement, are to BPC’s prior consent, approval or agreement given in writing.

Compliance with design drawings

51.—(1) Despite any provision in this Order, but subject to sub-paragraph (2), the undertaker must use its best endeavours to ensure that all parts of the authorised development which are to be constructed on, over or under BPC’s land are constructed and installed in the lines and situations shown on the Works Plans.

(2) In carrying out the authorised development for which it is granted development consent by this Order on, over or under BPC’s land the undertaker may deviate laterally from the lines and situations of the authorised development shown on the Works Plans to a maximum extent of 5 metres in each direction (or to such greater or lesser extent as may be agreed between BPC and the undertaker, but subject always to article 5(1)(a) (limits of deviation)).

(3) Despite any provision in this Order, no part of the authorised development comprising a conductor forming part of any 132kV or 400kV overhead electrical line must be constructed or installed on or over any part of BPC’s land at a level which is more than 30 centimetres lower than the level of that conductor as shown on the design drawings.

(4) Despite any provision in this Order, in constructing the authorised development the undertaker must not construct or install any relevant pylon of a design other than that specified for that relevant pylon in the design drawings.

(5) In sub-paragraph (4) a “relevant pylon” means a pylon located on or over BPC’s land or on or over any other land if any conductor associated with that pylon will be situated on or over BPC’s land.

Access, streets and public rights of way

52.—(1) The undertaker must not exercise any powers under article 10 (street works) in respect of any private access.

(2) The undertaker must not exercise any powers under —

(a)article 12(1) (power to alter layout, etc. of streets) in respect of or so as to affect any private access; or

(b)article 12(2) or article 14 (access to works) in respect of or so as to affect any private street or any dock public road or any part of BPC’s land.

(3) The undertaker must before commencing construction of any access works supply to BPC proper and sufficient plans of that work for the approval of BPC, and the access works must not be commenced or executed except in accordance with such plans as have been approved by BPC.

(4) In carrying out any access works, the undertaker must not so far as reasonably practicable interfere with or obstruct the free, uninterrupted and safe use by other traffic of any street or interfere with street furniture, signage and lighting masts.

(5) The undertaker must not exercise any powers under article 13 (temporary stopping up of streets and public rights of way) or article 40 (traffic regulation) in respect of—

(a)any private street;

(b)any dock public road without BPC’s consent;

(c)public right of way LA/15/22 except in relation to that part lying between point RW144 (as shown on Section F, Sheet 4 of the access and rights of way plans) and the point on the right of way 180 metres south of the southernmost limit of deviation for Work No. 4P as shown on Works Plan Section F, Sheet 4;

(d)any part of public rights of way LA/15/15 or LA/15/22 or any part of any other public right of way specified in Schedule 7 which is on BPC’s land unless it has first consulted with BPC;

(e)any other public right of way on BPC’s land comprising a footpath, bridleway or cycle path without BPC’s consent; and

(f)any public right of way on BPC’s land comprising a footpath, bridleway or cycle path unless a suitable diversion has been provided, to be approved by BPC or, if any restrictions on use short of closure will be imposed, unless BPC has approved the nature and extent of those restrictions.

(6) The undertaker must, before submitting any relevant proposals to the relevant highway authority for approval under the provisions of this Order, consult with BPC in relation to—

(a)any proposed exercise of powers under article 13 ore 40 affecting any part of the dock access network; and

(b)any proposed variations or extensions to such proposals.

(7) Despite any provision of this Order, the undertaker must not, except with the agreement of BPC, exercise any power under article 13 or 40 to use or to authorise the use of any private street or public right of way on BPC’s land or any dock public road as a temporary working site or as a parking place.

(8) The undertaker must not exercise any powers under articles 10, 12, 13, 14 or 40 over or in respect of any part of BPC’s land or any dock public road or any part of the dock access network after completion of construction of the authorised development.

(9) Where BPC is asked to give its consent, approval or agreement under this paragraph, such consent, approval or agreement must not be unreasonably withheld or delayed but may be given subject to reasonable conditions.

Watercourses and drainage

53.—(1) No part of any impounded dock at the Port is included within the definition of “watercourse” for any purpose of this Order.

(2) The undertaker must not without BPC’s consent (such consent not to be unreasonably withheld or delayed but which may be given subject to reasonable conditions)—

(a)use or discharge water into any watercourse, sewer or drain belonging to BPC or in respect of which BPC has rights of use; or

(b)make any crossing over or culvert, opening or connection into any watercourse, sewer or drain belonging to BPC or in respect of which BPC has rights of use or lay down, take up or alter any pipes for that purpose.

(3) Without limitation on the scope of sub-paragraph (2), any consent given by BPC under this paragraph—

(a)may be given subject to reasonable conditions as to the quantities of water permitted to be discharged and as to the duration of any use of the relevant watercourse, sewer or drain by the undertaker; and

(b)does not obviate the need for the undertaker to obtain any further consents required in relation to the activity concerned.

(4) In the exercise of any power under article 16 (discharge of water), the undertaker must not damage or interfere with the bed or banks of any watercourse in, on, over or under BPC’s land.

(5) The undertaker must before commencing construction of any drainage works supply to BPC proper and sufficient plans of that work for the approval of BPC, such approval not to be unreasonably withheld or delayed, and the drainage works must not be commenced or executed except in accordance with such plans as have been approved by BPC.

(6) Paragraph (2) of article 16 does not apply to any dispute relating to any watercourse, sewer or drain belonging to BPC or in respect of which BPC has rights of use.

Surveys

54.—(1) The undertaker must not exercise any powers conferred by article 18 (authority to survey and investigate the land) in respect of any of BPC’s land—

(a)outside the Order limits except to the extent that BPC agrees for the purpose of carrying out non-intrusive surveys, investigations and monitoring only;

(b)other than to the extent that the exercise of such powers is necessary in connection with carrying out the authorised development; and

(c)other than by prior agreement with BPC on each and every occasion, such agreement not to be unreasonably withheld or delayed but which may be given subject to reasonable conditions, and on at least 14 days’ notice.

(2) When requesting BPC’s agreement to access under sub-paragraph (1), the undertaker must provide to BPC full details of the land to which access is requested, the activities proposed (including risk assessments and method statements and intended duration of the activities), the identity of the persons who will undertake them and any apparatus that might be left on the affected land.

(3) BPC is, without limitation on the scope of sub-paragraph (1)(c)—

(a)entitled to refuse access as requested by the undertaker on any occasion for operational reasons, in which case BPC must act reasonably and without delay in seeking to offer alternative arrangements; and

(b)entitled as a condition of its agreement on any occasion to require the production of evidence of the existence of adequate insurance with insurers of repute, the proceeds of which will be available to cover all liability, costs, claims, expenses and demands which may arise as a result of that access.

(4) The undertaker must remove any equipment left on, over or under BPC’s land as soon as reasonably possible after completion of the relevant surveys and investigations.

(5) The undertaker must, at its own expense, deliver to BPC as soon as reasonably practicable after their production on a non-reliance basis copies of all survey and ground investigation reports carried out under the powers conferred by article 18 in respect of BPC’s land.

Use of land and execution, maintenance and use of the authorised development

55.—(1) Despite any provision of this Order or anything shown on the Land Plans, the undertaker must not except with the agreement of BPC (such agreement not to be unreasonably withheld or delayed) exercise any construction access rights over BPC’s land other than in respect of parcels G150, G151, G152 and G155 as set out in Section G of the Book of Reference or otherwise use any part of BPC’s land for the purpose of gaining access to any part of the authorised development or any other land or in connection with the carrying out, inspection or maintenance of the authorised development.

(2) The undertaker must promptly and at its cost and expense make good any and all damage and wear and tear caused to any part of BPC’s land which is used by the undertaker for the purpose of gaining access to the authorised development or any other land or in connection with the carrying out, inspection or maintenance of the authorised development and must restore all such land (together with all associated structures, signs and barriers) to at least as good a condition as they were in before the undertaker’s use started including making good the subsoil, foundations and surface of that land.

(3) If required to do so by BPC (acting reasonably), the undertaker must procure that surveys are carried out to a specification approved by BPC (acting reasonably) to show the condition of the relevant land to be used for access (together with all associated structures, signs and barriers) before the undertaker’s use of them begins and after that use ends.

(4) If required to do so by BPC (acting reasonably), the undertaker must permit BPC to inspect the execution of all works of reinstatement being carried out under this paragraph in order to ensure compliance by the undertaker with the requirements of this paragraph.

56.  The undertaker must before commencing the construction of any ancillary work supply to BPC proper and sufficient plans of that work for the approval of BPC, such approval not to be unreasonably withheld or delayed, and the ancillary work must not be commenced or executed except in accordance with such plans as have been approved in writing by BPC.

57.—(1) Neither National Grid nor WPD must exercise any powers of temporary possession—

(a)over or in respect of parcels 326 to 330 (inclusive) as set out in Section F of the Book of Reference and parcels 70 to 81, 86 and 171 to 177 (all references inclusive) as set out in Section G of the Book of Reference;

(b)other than in accordance with such conditions, terms and measures as may be agreed by BPC for the purpose of this sub-paragraph; and

(c)(without limitation on the scope of sub-paragraph (1)(b)) unless National Grid or WPD has first complied with the procedures and measures set out in this paragraph.

(2) National Grid must present to BPC not less than 6 months before the intended date of commencing construction the draft programme for the execution of each part of the authorised development on BPC’s land.

(3) National Grid must consult with BPC in relation to the draft programme and must present its final programme for the execution of the authorised development on BPC’s land to BPC not less than 3 months before the intended date of commencing construction.

(4) Neither National Grid nor WPD must enter on or take temporary possession of any part of BPC’s land unless it has served at least 8 weeks’ written notice on BPC of its intended entry onto that part.

(5) Neither National Grid nor WPD must serve notice of intended entry under article 29(2) (temporary use of land by National Grid) or 30(2) (temporary use of land by WPD) on any owner or occupier of any part of BPC’s land (other than BPC) before the expiry of 4 weeks from the date of service on BPC of notice under sub-paragraph (4) in relation to that same part.

(6) In this paragraph, “intended date of commencing construction” means the first date on which National Grid or WPD wishes to commence construction of any part of the authorised development on, under or over any part of BPC’s land.

58.—(1) Neither National Grid nor WPD must exercise any powers of temporary possession in respect of any part of BPC’s land unless such exercise is provided for in and is in accordance with the works programme.

(2) In the exercise of any powers of temporary possession in respect of any part of BPC’s land and in the commencement and execution of the authorised development on BPC’s land, National Grid and WPD must—

(a)use all reasonable endeavours to comply with the works programme;

(b)proceed diligently with the works affecting each part of BPC’s land;

(c)use all reasonable endeavours to give up possession of each part of BPC’s land in accordance with paragraph 59 on or before the anticipated date for so doing applicable to that part set out in the works programme; and

(d)notify BPC in writing of the completion of the relevant part of the authorised development affecting each part of BPC’s land within 7 days of its completion.

(3) In the exercise of any powers of temporary possession in respect of any part of BPC’s land neither National Grid nor WPD must—

(a)use any part of BPC’s land other than for the purpose identified in the works programme as applicable to that part; or

(b)demolish any buildings other than any electric line, electrical plant, structures, pylons or apparatus to be demolished as part of Work No. 4G or Work No. 4P.

59.—(1) Unless BPC agrees otherwise, National Grid and WPD must give up possession of each part of BPC’s land in respect of which any powers of temporary possession have been exercised within 3 months of completion of construction of the relevant part of the authorised development for which possession of that land was required as specified in the works programme, and having completed all works of removal, restoration and reinstatement in respect of that land required by this Order.

(2) Without limitation on the scope of their respective obligations under paragraphs (5) and (6) of article 29 and paragraphs (5) and (6) of article 30, National Grid or WPD must consult with BPC in relation to the proposed extent of the intended removal of foundations supporting pylons on BPC’s land which are to be removed as part of Work No. 4G and Work No. 4P.

(3) Despite any provision of this Order, before giving up possession of any part of BPC’s land in respect of which any powers of temporary possession have been exercised, National Grid and WPD must—

(a)remove all temporary works from that land;

(b)where foundations (including piles) which had been placed in that land to support pylons, electric lines or other apparatus belonging to National Grid or WPD are removed from BPC’s land pursuant to Schedule 1 (authorised development), to the extent reasonably practicable, reinstate the ground to match the surrounding area in relation to both specification and appearance; and

(c)otherwise restore and reinstate the land and any buildings and structures on the land to the condition they were in before possession was taken and make good any damage caused to surrounding land, all to BPC’s reasonable satisfaction.

60.  In the execution and maintenance of the authorised development under this Order, the undertaker must take all steps and measures reasonably available to it to minimise as far as is reasonably practicable the impact of construction and other activities on BPC’s land, on the operation of the Port and on the activities of the owners and occupiers of that land and customers of the Port.

BPC’s apparatus

61.—(1) Despite any provision of this Order or anything shown on the Land Plans, the undertaker must not remove or reposition any of BPC’s apparatus other than with BPC’s consent, such consent not to be unreasonably withheld or delayed.

(2) In this paragraph “BPC’s apparatus” means all and any gas, oil and water pipes, water tanks, cisterns, drains and drainage works, sewers, pumps, electric and communication wires, cables and plant, ducts, conduits, governors, transformers, meters and any other service media, surface water interceptors (and whether in all cases for drainage, gas, oil, water, electricity, telephone, television, data and information transmission or any other service) on BPC’s land or used by BPC in connection with its statutory undertaking.

Trees and other vegetation

59.  Despite any provision of this Order, in the exercise of any powers under this Order and in the construction, maintenance and use of the authorised development, the undertaker must not remove, cut back, fell or lop any hedge, tree, shrub or other vegetation on BPC’s land unless it has first consulted with BPC as to the works required and the extent, if any, of any replacement planting proposed or required.

General

60.  The undertaker must in the exercise of any powers under this Order and in the construction, maintenance and use of the authorised development secure compliance with and implementation of all and any applicable conditions, terms and measures contained in any relevant consent, agreement or approval given by BPC for the purpose of this Part.

PART 6PROTECTION FOR THE PORT AUTHORITY

61.  The provisions of this Part have effect unless otherwise agreed in writing between the undertaker and the Port Authority.

Definitions

62.  In this Part—

“notice to mariners” includes any notice to mariners which may be issued by the Admiralty, Trinity House, Queen’s harbourmasters, government departments and harbour and pilotage authorities;

“navigational risk assessment” means any written assessment of any potential risk of any tidal works and includes the following information—

“plans and sections” includes sections, elevations, drawings, calculations, specifications, programmes, method statements, assessments of navigational risk relating to the construction, carrying out, maintenance and, where appropriate, removal of any tidal work;

“specified day” means, in relation to any tidal work, the later of—

“temporary work” means any tidal work that is not required for the operation of the authorised development;

“tidal work” means so much of the authorised development (including any temporary closure to navigation of the relevant part of the river under article 39 (temporary closure of, and works in, the River Avon) that is on, in, under or over the relevant part of the river below the level of mean high water springs and includes any projection over the river (whether or not situated within the order limits) by booms, cranes and similar plant or machinery;

“vessel” means every description of vessel, however propelled or moved, and includes a non-displacement craft, a personal watercraft, a barge, a jack-up barrage, a seaplane or helicopter on the surface of the water, a hydrofoil vessel, a hovercraft or any other amphibious vehicle and any other thing constructed or adapted for movement through, in or over water and which is at the time in, on or over water.

Tidal works: approval of detailed design

63.—(1) Not less than 60 business days before commencing a tidal work, the undertaker must submit to the Port Authority plans and sections of the tidal work, a navigational risk assessment, proposals for any lighting and laying down of buoys to secure the navigational safety of the river in the vicinity of the proposed tidal works (including any area over which public rights of navigation are proposed to be suspended), a timetable of the proposed tidal works and any proposed temporary closures of the relevant part of the river and such further particulars as the Port Authority may reasonably require.

(2) A tidal work may not be commenced except in accordance with plans and sections approved in writing by the Port Authority under this paragraph or deemed to have been approved or determined under paragraph 69.

(3) Any approval of the Port Authority required under this paragraph must not be unreasonably withheld or delayed but may be given subject to such reasonable conditions as the Port Authority may impose for the protection of—

(a)traffic in, or the flow or regime of, the river;

(b)the use of its operational land or the river for the purposes of performing its functions; or

(c)the performance of any of its functions connected with environmental protection.

(4) Conditions imposed under sub-paragraph (3) may include conditions as to—

(a)the proposed location of any temporary work and its dimensions;

(b)the length of time that any temporary work may be kept in place;

(c)the removal of any temporary work and the undertaking by the undertaker of any related work or operation that the Port Authority considers to be necessary for the purpose of removing or preventing any obstruction to navigation;

(d)the relocation, provision and maintenance of works and moorings;

(e)apparatus and equipment necessitated by the tidal work; and

(f)the expiry of the approval if the undertaker does not commence construction or carrying out of the approved tidal work within a prescribed period.

(5) Subject to sub-paragraph (6), an application for approval under this paragraph is deemed to be given if it has been given or has not been refused within 25 business days of the specified day.

(6) In the event that the Port Authority requires further information pursuant to sub-paragraph (1), then the Port Authority must determine the submission submitted pursuant to that sub-paragraph as soon as reasonably practicable, but in any event no later than 45 business days from the specified day.

Tidal works and temporary closure of the river Avon: notification requirements

64.—(1) The undertaker must inform the Port Authority in writing of the intended start date and the likely duration of any tidal works at least 20 business days prior to the intended start date.

(2) The undertaker must inform the Port Authority in writing of all contractor and vessel details, including the name, type and IMO number of the vessel, the owner of the vessel or operating company and master’s name and contact details, at least 20 business days prior to commencement of any tidal work.

(3) The undertaker must inform the Port Authority in writing of the timetable of any tidal works at least 20 business days prior to its proposed commencement.

(4) The undertaker must serve notice on the Port Authority no later than 20 business days prior to the proposed commencement date of any temporary closure of the relevant part of the river under article 39.

(5) Any such notice must provide the details of the proposed temporary closure of the relevant part of the river including particulars of—

(a)commencement date;

(b)duration; and

(c)the affected area.

(6) Any temporary closure of the relevant part of the river must not take place except with the prior approval in writing of the Port Authority, such approval not to be unreasonably withheld or delayed, and in accordance with any reasonable conditions imposed by the Port Authority under this paragraph or determined under paragraph 69.

(7) The Port Authority may, in relation to any approval, impose reasonable conditions.

(8) Conditions imposed under sub-paragraph (7) may include conditions as to—

(a)the limits of any area subject to temporary closure of the relevant part of the river;

(b)the duration of any temporary closure;

(c)the means of marking or otherwise providing warning in the river of any area affected by a temporary closure; and

(d)the use by the undertaker of the area subject to any temporary closure so as not to interfere with any other part of the river or affect its use.

(9) For the purposes of this paragraph, the Port Authority must issue its notice to mariners within 10 business days of receipt of notice of the intended start date under sub-paragraph (1) or, if relevant, the date on which the Port Authority gives its approval under sub-paragraph (6) (whichever is the later).

(10) The undertaker must, as soon as reasonably practicable, notify the Port Authority of any changes to any of the details required to be provided under this paragraph, provided that any changes which affect, or may affect, navigation must be notified to the Port Authority immediately to enable it to issue an up-dated notice to mariners.

Communication plan

65.—(1) The undertaker and the Port Authority must agree in writing (such agreement not to be unreasonably withheld or delayed) a communication plan 20 business days prior to commencement of any tidal works.

(2) All vessels associated with any tidal works must report to Bristol VTS Centre (VHF Channel 12) advising of their activities and movements when undertaking tidal works (including temporary closure of the relevant part of the river) in accordance with the communication plan agreed with the Port Authority under sub-paragraph (1).

General provisions as to construction of works including inspection

66.—(1) A tidal work must, once commenced, be carried out by the undertaker with all reasonable dispatch and to the reasonable satisfaction of the Port Authority so that river traffic, the flow or regime of the river and the exercise of the Port Authority’s functions must not suffer more interference than is reasonably practicable.

(2) The Port Authority is entitled at all reasonable times, on giving such notice as may be reasonable in the circumstances, to inspect and survey such operations.

Navigational safety, lights, buoys, etc.

67.—(1) The undertaker must provide guard vessels to be positioned both upstream and downstream of the relevant part of the river during any tidal works and temporary closures of the river.

(2) The number and position of any such guard vessels must be agreed in advance in writing with the Port Authority, such agreement not to be unreasonably delayed or withheld.

(3) The undertaker must, at or near any tidal work, exhibit such lights, lay down such buoys and take such other steps for preventing danger to navigation as the Port Authority may from time to time reasonably require.

(4) All vessels must, at all relevant times, display lights, shapes and signals in accordance with all applicable law, regulation and international conventions.

(5) The Port Authority must give the undertaker not less than 20 business days’ written notice of a requirement under sub-paragraph (3) except in the case of increased risk or emergency when the Port Authority must give such notice as is reasonably practicable.

(6) The undertaker must comply with any directions of the Port Authority given from time to time with regard to the lighting of tidal works, or the screening of such lighting, so as to ensure that it is not a hazard to navigation on the river.

Obstruction in the river

68.—(1) If any pile, stump or other obstruction to navigation becomes exposed as a result of constructing any tidal work, or if any construction equipment or material is misplaced in or adjacent to the river and causes obstruction to navigation, the undertaker must, as soon as reasonably practicable after the receipt of notice in writing from the Port Authority requiring such action, remove it from the river or, in the case of any pile, stump or other obstruction to navigation, if it is not reasonably practicable to remove it—

(a)cut the obstruction off at such level below the bed of the river as the Port Authority may reasonably direct; or

(b)take such other steps to make the obstruction safe as the Port Authority may reasonably require.

(2) If, after such reasonable period as may be specified in a notice under this paragraph, the undertaker has failed to begin taking steps to comply with the requirements of the notice, or after beginning has failed to make reasonably expeditious progress towards their implementation, the Port Authority may carry out the works specified in the notice and any expenditure reasonably incurred by it in so doing is recoverable from the undertaker.

Disputes

69.  Any dispute arising between the undertaker and the Port Authority under this Part must be determined by arbitration in accordance with article 49 (arbitration) unless otherwise agreed in writing by the undertaker and the Port Authority.

PART 7PROTECTION FOR THE ENVIRONMENT AGENCY

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

71.—(1) In this Part—

“Agency” means the Environment Agency;

“Byelaws” means the byelaws set out in the Wessex Water Authority Land Drainage Byelaws 1981 that are not disapplied by Schedule 16 (amendment of local legislation);

“consented work” means a work that is required to be consented under the terms of the Water Resources Act 1991(17), the Land Drainage Act 1991(18) or the Byelaws, irrespective of any status as a statutory undertaker under those provisions;

“drainage work” means any watercourse and includes any land which provides or is expected to provide flood storage capacity for any watercourse and any bank, wall, embankment, outfall or other structure, or any appliance, constructed or used for land drainage, flood defence or tidal monitoring;

“flood defence structure” means any valve, sluice, clyse, hatch, flashboard, flood gate, lasher, staunch gates, paddle, penstock, lock, weir, dam, pumping machinery, pump, pipe or other structure or appliance for controlling, measuring or regulating the level of water or the flow of water into, in or out of a main river or for drawing water from or delivering water into a main river.

(2) A reference in article 47(2) (amendment of local legislation) to a “structure” is to be taken, for the purposes of that article, to be a flood defence structure if it is of the nature identified in sub-paragraph (1).

72.  The undertaker must not open or close or interfere with any flood defence structure without first obtaining the consent of the Agency in writing.

73.—(1) The undertaker must give the Agency at least 28 days’ written notice of any intention to use any bank of a main river, drainage work, river-control work or land within 8 metres of the bank or work for the purpose of depositing, stacking, storing or keeping any rubbish, goods, any materials or things whatsoever adjacent to it.

(2) The Agency must either consent (with or without conditions) or object to the notice.

(3) If within 14 days, no response is given, the Agency is deemed to have consented to the notice as submitted.

(4) The undertaker must take all reasonable care in depositing, stacking, storing or keeping any rubbish, goods, materials or things upon any drainage work not to cause damage to the drainage work and must take all reasonable care to minimise the risk of objects or matter entering or falling into a main river such as to cause an obstruction.

(5) If entry of an object or matter into a main river occurs, it must, except with consent of the Agency, be removed promptly by the undertaker.

74.—(1) The undertaker must give at least 28 days’ written notice to the Agency of any proposal to remove from the Order land any notice board, notice or placard put up by the Agency.

(2) The undertaker may use all reasonable endeavours to relocate any notice board, notice or placard removed under sub-paragraph (1) to a suitable alternative location and must agree with the Agency such suitable location.

75.—(1) If by reason of the storage or deposit of materials or the construction of any consented work, or of the failure of any such work, the efficiency of any flood defence structure or drainage work for flood defence purposes is impaired, or that flood defence structure or drainage work is otherwise damaged, such impairment or damage must be made good by the undertaker to the reasonable satisfaction of the Agency; and if the undertaker fails to do so within such reasonable period as the Agency may require by notice in writing to the undertaker, the Agency may make good such impairment or damage and recover from the undertaker the expense reasonably incurred by it in so doing.

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

76.  Unless otherwise agreed, any dispute or difference arising between the Agency under this Part (other than a difference as to the meaning or construction of this Part) must be settled by arbitration in accordance with article 49 (arbitration).

PART 8PROTECTION FOR RWE GENERATION UK PLC

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

78.  In this Part—

“apparatus” means any of the following apparatus within the Order limits, namely wharf offloading facilities at Portbury, fuel stocking areas at Portbury, a tunnel beneath the River Avon, bulk handling terminal conveyors, fuel hoppers, refuelling points, freight connection onto the railway network, site offices and car park, belonging to or maintained by RWE for the purposes of loading, unloading, stocking and transporting of fuel (including but not limited to coal) for the purposes of fuelling Aberthaw Power Station or providing services to any other third parties; and includes any structure in which apparatus is or to be lodged or which gives or will give access to apparatus.

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

“RWE” means RWE Generation UK plc (company registration number 3892782) and any associated company of RWE Generation UK plc which holds an interest in the apparatus; 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 RWE Generation UK plc, a subsidiary of RWE Generation UK plc or another subsidiary of the holding company of RWE Generation UK plc;

“specified works” means so much of any of the authorised development as is situated upon, across, under, or over parcels 107, 110, 187, 188, 189, 190, 191, 195, 197, 199 and 201 in Section G of the Book of Reference (being parcels in which RWE has an interest) or that are near to, or will or may in any way adversely affect the apparatus.

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

80.  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 or under any other statutory power, and any right of RWE to use, maintain, or renew that apparatus in that land must not be extinguished.

81.—(1) Not less than 56 days before starting the execution of specified works, the undertaker must submit to RWE a plan, section and description of the works to be executed.

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

(3) Any requirements made by RWE under sub-paragraph (2) must be made within a period of 56 days beginning with the date on which a plan, section and description under sub-paragraph (1) are submitted to it.

(4) Where RWE requires any protective works under sub-paragraph (2) 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 RWE’s reasonable satisfaction prior to the carrying out of the specified works.

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

(6) The undertaker is not required to comply with sub-paragraph (1) in a case of emergency, but in that case it must give to RWE notice as soon as is reasonably practicable and a plan, section and description of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (2) in so far as is reasonably practicable in the circumstances.

82.  The undertaker must pay to RWE the proper and reasonable expenses reasonably incurred by RWE in, or in connection with, the inspection, alteration or protection of any apparatus.

83.—(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 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 apparatus or property of RWE, or to operations, or there is any interruption in any service provided to RWE or by RWE, or in the supply of any goods to RWE or by RWE, or RWE becomes liable to pay any amount to any third party, the undertaker must—

(a)bear and pay on demand the proper and reasonable cost reasonably and properly incurred by RWE in making good such damage or restoring operations, services or supply; and

(b)indemnify RWE 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 RWE, by reason or in consequence of any such damage or interruption or RWE becoming so liable to any third party.

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

(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 RWE, its officers, servants, contractors or agents.

(4) RWE must give the undertaker reasonable notice (being not less than 28 days) of any claim or demand, and no settlement or compromise may be made without the consent of the undertaker (not to be unreasonably withheld or delayed) which, if it reasonably withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

PART 9PROTECTION FOR CLH PIPELINE

84.  The provisions of this Part have effect for the protection of the CLH undertaker referred to in this Part unless otherwise agreed in writing between the undertaker and the CLH undertaker.

85.  In this Part—

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

“apparatus” means the pipeline, or any part of it, belonging to belonging to or maintained by the CLH undertaker, which is within the Order limits, and includes any structure in which that apparatus is or is to be lodged or which gives or will give access to apparatus;

“functions” includes powers and duties;

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

“CLH undertaker” means CLH Pipeline Systems (CLH-PS) Limited (registered company number 09497223) or any successor in title to the CLH undertaker in respect of the apparatus.

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

87.—(1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which the apparatus is placed, that apparatus must not be removed under this Part and any right of the CLH undertaker to maintain that apparatus in that land must not be extinguished until alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the CLH undertaker.

(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 CLH undertaker written notice of that requirement, together with a plan and section of the work proposed.

(3) If alternative apparatus or any part of such apparatus is to be constructed as a consequence of the removal of apparatus placed in the land referred to in sub-paragraph (2), the CLH undertaker, must on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use its best endeavours to obtain the necessary facilities and rights in other land in which the alternative apparatus is to be constructed

(4) The CLH undertaker must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 49, and after the grant to the CLH undertaker of any such facilities and rights as are referred to in sub-paragraph (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.

(5) Regardless of anything in sub-paragraph (4), if the undertaker gives notice in writing to the CLH undertaker 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 CLH undertaker, must be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the CLH undertaker.

(6) Nothing in sub-paragraph (5) 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.

88.—(1) Not less than 28 days before starting the execution of any works of the type referred to in paragraph 87(2) that are near to, or will or may affect, any apparatus the removal of which has not been required by the undertaker under that sub-paragraph, the undertaker must submit to the CLH undertaker a plan, section and description of the works to be executed.

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

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

(4) If the CLH undertaker in accordance with sub-paragraph (3) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraph 87 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 sub-paragraph (1) in a case of emergency but in that case it must give to the CLH undertaker notice as soon as is reasonably practicable and a plan, section and description of the works referred to in sub-paragraph (1) as soon as reasonably practicable subsequently and must comply with sub-paragraph (2) in so far as is reasonably practicable in the circumstances.

89.—(1) Subject to the following provisions of this paragraph, the undertaker must repay to the CLH undertaker the proper and reasonable expenses reasonably incurred by the CLH undertaker in, or in connection with, the inspection, removal, alteration or protection of any apparatus.

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

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

(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 49 (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 CLH undertaker by virtue of sub-paragraph (1) is to be reduced by the amount of that excess.

(4) For the purposes of sub-paragraph (3), the extension of the apparatus to a length greater than the length of the existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus.

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

Article 47

SCHEDULE 16AMENDMENT OF LOCAL LEGISLATION

PART 1LOCAL ENACTMENTS

PART 2BYELAWS