PART 2PRINCIPAL POWERS
Development consent etc. granted by the Order3
Subject to the provisions of this Order, including the requirements, the undertaker is granted development consent for the authorised development to be carried out within the Order limits.
Maintenance of authorised development4
1
The undertaker may at any time maintain the authorised development, except to the extent that this Order, or an agreement made under this Order, provides otherwise.
2
Paragraph (1) does not authorise diversion of the authorised development—
a
outside the limits of deviation; or
b
which would result in the authorised development varying from the description in Schedule 1 (authorised development).
Maintenance of drainage works5
1
Nothing in this Order, or the construction, maintenance or operation of the authorised development under it, affects any responsibility for the maintenance of any works connected with the drainage of land, whether that responsibility is imposed or allocated by or under any enactment, or otherwise, unless otherwise agreed in writing between the undertaker and the person responsible.
2
In this article “drainage” has the same meaning as in section 72 (interpretation) of the Land Drainage Act 199118.
Limits of deviation6
1
In carrying out, maintaining or diverting the authorised development, the undertaker may—
a
deviate the pipeline works and the valve works laterally within the extent of the limits of deviation for those works shown on the works plans;
b
deviate the pipeline works vertically upwards to a limit of not less than 1.2 metres below the surface of the ground (except where ground conditions make compliance with this upwards limit impracticable in which case the upwards limit is 0.7 metres below the surface of the ground);
c
deviate the pipeline works vertically downwards—
i
in respect of those sections of the pipeline works which may be constructed and installed using trenched construction methods, to such extent as may be found necessary or convenient to a maximum depth of 4 metres below the surface of the ground (except where ground conditions or existing infrastructure make compliance with this downwards limit impracticable in which case the downwards limit is extended to 5 metres below the surface of the ground, following consultation with the Environment Agency and provided that such extension does not give rise to any new or materially different environmental effects to those assessed in the environmental statement); and
ii
in respect of those sections of the pipeline works which may be constructed and installed using trenchless construction methods, to such extent as may be found necessary or convenient to a maximum depth of 12 metres below the surface of the ground (except that, in respect of Works Nos. 1D and 1G, the downwards limit is 16 metres below the surface of the ground and, in respect of Work No. 1Eii, the downwards limit is 50 metres below the surface of the ground);
d
deviate the valve works vertically—
i
upwards or above ground level to the height limits set for those works in Schedule 1 (authorised development); and
ii
downwards to any extent as may be found necessary or convenient to a maximum depth of 4 metres below the surface of the ground.
2
The maximum limits of vertical deviation specified in paragraphs (1)(b), (c) and (d) do not apply where it is demonstrated by the undertaker to the Secretary of State’s satisfaction and the Secretary of State, following consultation with the relevant planning authority, certifies accordingly that a deviation in excess of these limits would not give rise to any materially new or materially different environmental effects to those identified in the environmental statement.
3
In this article “the valve works” means Works Nos. 2B to 2G (inclusive) and 2I to 2O (inclusive) as set out in Schedule 1 (authorised development).
Benefit of Order7
1
Subject to paragraph (2) and article 8 (consent to transfer benefit of Order), the provisions of this Order conferring powers on the undertaker have effect solely for the benefit of the undertaker.
2
Paragraph (1) does not apply to the works for which the consent is granted by this Order for the express benefit of owners and occupiers of land, statutory undertakers and other persons affected by the authorised development.
Consent to transfer benefit of Order8
1
The undertaker may, with the consent of the Secretary of State—
a
transfer to another person (“the transferee”) any or all of the benefit of the provisions of this Order and such related statutory rights as may be agreed between the undertaker and the transferee; or
b
grant to another person (“the lessee”) for a period agreed between the undertaker and the lessee any or all of the benefit of the provisions of this Order and such related statutory rights as may be so agreed.
2
Where an agreement has been made in accordance with paragraph (1) references in this Order to the undertaker, except in paragraph (3), includes references to the transferee or the lessee.
3
The exercise by a person of any benefits or rights conferred in accordance with any transfer or grant under paragraph (1) is subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by the undertaker.