SCHEDULES

Article 2

SCHEDULE 1E+W+SAUTHORISED DEVELOPMENT

In the administrative areas of Norfolk County Council and Broadland, South Norfolk and Breckland District Councils.

The authorised development is a nationally significant infrastructure project as defined in sections 14 (nationally significant infrastructure projects: general) and 22 (highways)(1) of the 2008 Act and associated development within the meaning of section 115(2)(2) of the 2008 Act, comprising—

Work No. 1 – Alteration of the A47 of 9,169 metres in length from a point 370m west of Fox Lane overbridge to a point 180m west of Easton roundabout, including the construction of a mainline dual carriageway, footways, embankments, two laybys, police observation platform, maintenance accesses, approaches and associated drainage and noise barriers shown on sheet numbers 1, 2, 4 to 9 and 11 to 16 of the works plans;

Work No. 2 – a combination of re-surfaced, realigned and new carriageway from Main Road east for 380 metres to the new junction with Lyng Road (Work No. 4) and then 775 metres to re-join the existing A47 alignment at the altered junction with Low Road, including footways, embankments, approaches, associated drainage and flood protection bund shown on sheet numbers 1, 2 and 4 of the works plans;

Work No. 3 – a new driveable access track, associated earthworks and drainage, from an existing access onto Fox Lane and a new field access with passing places, running eastwards for 579 metres to a private property east of Oak Farm, shown on sheet number 1 of the works plans;

Work No. 4 – a combination of new and realigned carriageway, footways, embankments, approaches and associated drainage to form the realigned Lyng Road north of the junction with Work No. 2, shown on sheet number 2 of the works plans;

Work No. 5 – drainage works east of Oak Farm comprising an extension of the existing West Culvert under the proposed A47 mainline dual carriageway (Work No.1) and creation of the new West Culvert under Work No. 2 east of the new junction to the realigned Lyng Road (Work No. 4), shown on sheet number 2 of the works plans;

Work No. 6 – a new drainage basin south east of Oak Farm, plus associated drainage and driveable maintenance access track with an outfall into the local watercourse and a drainage connection to the basin on the southern side of the proposed A47 mainline dual carriageway (Work No.1), shown on sheet number 2 of the works plans;

Work No. 7 – a new drainage basin with associated drainage and driveable maintenance access track south from the A47 mainline dual carriageway (Work No. 1) with an outfall into the River Tud east of Whitford bridge and a drainage connection to the basin, shown on sheet 4 of the works plans;

Work No. 8 – a combination of new and widened carriageway, footways, embankments and associated drainage between the existing Mattishall Lane alignment and the proposed Mattishall Lane Link Road (Work No. 9), shown on sheet number 4 of the works plans;

Work No. 9 – a new carriageway, footways, approaches, drainage and underbridge with cycle track forming the new Mattishall Lane Link Road from the existing A47 471 metres south west to Mattishall Lane, shown on sheet number 4 of the works plans;

Work No. 10 – alteration of the existing A47 and Mattishall Lane junction including the provision of a ghost island and the creation and upgrade of footways on Mattishall Lane and the existing A47 between the new Mattishall Lane Link Road (Work No.9) junction to the west and the Hockering junction with the existing A47 to the east plus the creation of a new field access off Mattishall Lane, shown on sheet 4 of the works plans;

Work No. 11 – a new driveable access track with passing places, from Mattishall Lane south of the proposed A47 mainline dual carriageway (Work No. 1) running eastwards for 469 metres, shown on sheet numbers 4 and 5 of the works plans;

Work No. 12 – a new drainage basin, associated drainage and driveable maintenance access track and a new outfall into the River Tud between Work No. 11 and the River Tud with a drainage connection to the basin, shown on sheet number 5 of the works plans;

Work No. 13 – a new culvert at Newgate House, under the proposed A47 mainline dual carriageway (Work No. 1) south of Gypsy Lane, shown on sheet number 6 of the works plans;

Work No. 14 – a new drainage basin east of Gypsy Lane with associated drainage and a driveable maintenance access track north from the A47 mainline dual carriageway (Work No. 1) with an outfall into the River Tud to the south and a drainage connection under the proposed A47 mainline dual carriageway (Work No. 1) to the basin, shown on sheet number 6 of the works plans;

Work No. 15 – a new drainage basin, associated drainage, a wetland area east of Church Lane, and a driveable maintenance access track from Work No 16, with a new outfall into the River Tud east of Church Lane bridge and a drainage connection to the basin shown on sheet number 7 of the works plans;

Work No. 16 – a new driveable access track with passing place, associated earthworks and drainage, from Church Lane 469 metres east to Work No. 15 and Hillcrest Cottage, shown on sheet numbers 7 and 8 of the works plans;

Work No. 17 – a combination of re-surfaced, realigned and new carriageway with cycle track, embankments, approaches and associated drainage to form the new link road from the existing A47 east of Hockering 913 metres east to Wood Lane junction northern dumbbell roundabout (Work No. 20), shown on sheet numbers 7, 8 and 10 of the works plans;

Work No. 18 – a new carriageway, embankments and associated drainage to form the Wood Lane junction east bound off slip road to the northern dumbbell roundabout, shown on sheet numbers 8, 9 and 10 of the works plans;

Work No. 19 – a new carriageway, embankments and associated drainage to form the Wood Lane junction west bound on slip road from the southern dumbbell roundabout, shown on sheet numbers 8 and 9 of the works plans;

Work No. 20 – a new carriageway, embankments and associated drainage to form the Wood Lane junction northern dumbbell roundabout, shown on sheet number 10 of the works plans;

Work No. 21 – a new Wood Lane junction underbridge and associated carriageway, embankments and drainage between the dumbbell roundabouts (Work Nos. 20 and 22), shown on sheet numbers 9 and 10 of the works plans;

Work No. 22 – a new carriageway, embankments and associated drainage to form the Wood Lane junction southern dumbbell roundabout, shown on sheet number 9 of the works plans;

Work No. 23 – a new carriageway, embankments and associated drainage to form the Wood Lane junction east bound on slip road from the northern dumbbell roundabout, shown on sheet numbers 9 and 10 of the works plans;

Work No. 24 – a new carriageway, embankments and associated drainage to form the Wood Lane junction west bound off slip road to the southern dumbbell roundabout, shown on sheet numbers 9 and 11 of the works plans;

Work No. 25 –a combination of re-surfaced and new carriageway, footways, embankments and associated drainage to form the new B1535 Wood Lane junction with Work No. 17, shown on sheet number 10 of the works plans;

Work No. 26 – a new restricted byway from Hall Farm underpass (Work No. 30) west 781 metres to Work No. 26a the optional cycle track connection to the realigned Wood Lane, shown on sheet numbers 9, 10 and 11 of the works plans;

Work No. 26a – a new cycle track between the realigned B1535 Wood Lane (Work No. 25) and the start of the new restricted byway (Work No. 26) which meets the diverted restricted byway Honingham RB1, shown on sheet number 10 of the works plans;

Work No. 27 – a new drainage basin, associated drainage and driveable maintenance access track, between the existing A47 and proposed A47 mainline dual carriageway (Work No. 1) east of the proposed A47 Wood Lane junction southern dumbbell roundabout (Work No. 22), accessed from Work No. 32, shown on sheet number 9 of the works plans;

Work No. 28 – a combination of realigned and new carriageway with footways, embankments, approaches and associated drainage to form the link to Dereham Road, Honingham, from Work No. 32 and traffic calming measures at Dereham Road , shown on sheet numbers 9 of the works plans;

Work No. 29 – a new bridleway with new cycle track between Berrys Lane and Dereham Road to replace an existing parallel footpath, shown on sheet number 9 of the works plans;

Work No. 30 – a new Hall Farm underpass, access road to the existing A47 and new section of associated access ramps joining the new restricted byway from Wood Lane junction (Work No. 26), shown on sheet number 11 of the works plans;

Work No. 31 – a new drainage basin between the existing A47 and proposed A47 mainline dual carriageway (Work No. 1) and south east of Hall Farm underpass (Work No. 30), with associated drainage connections and a driveable maintenance access track to the Hall Farm access track (Work No. 30), shown on sheet number 11 of the works plans;

Work No. 32 – reconfiguration of the existing A47 carriageway north of Honingham with a new cycle track, embankments and associated drainage, including a ghost island at the existing A47 junction with the realigned Dereham Road (Work No.28) and modified Honingham bypass structure over the River Tud, between the Wood Lane junction southern dumbbell roundabout (Work No. 22) east 1,663 metres to the existing A47 Honingham roundabout , shown on sheet numbers 9, 11, 12 and 13 of the works plans;

Work No. 33 – a new driveable private access track with passing places, associated earthworks and drainage, connecting Hall Farm to Hall Farm underpass and access road (Work No. 30), shown on sheet number 11 of the works plans;

Work No. 34 – a new drainage basin, east of the proposed A47 mainline dual carriageway (Work No. 1) and north of the new A47 River Tud crossing (Work No. 35), with associated drainage and a driveable access track from Work No. 1, shown on sheet number 12 of the works plans;

Work No. 35 – a new bridge structure over the River Tud with new carriageway, embankments, approaches and associated drainage for the A47 River Tud crossing, with associated flood risk compensation earthworks south of the River Tud between the existing A47 and proposed A47 mainline dual carriageway (Work No. 1) including fences for the protection of bats shown on sheet number 12 of the works plans;

Work No. 36 – a new drainage basin and wetland area south of the River Tud crossing (Work No. 35), between the existing A47 and proposed A47 mainline dual carriageway (Work No. 1), with associated drainage connections and a new outfall to the River Tud west of the River Tud crossing and driveable maintenance access track from Work No. 32, shown on sheet number 12 of the works plans;

Work No. 37 – a new cycle track between Honingham roundabout and the existing A47 west of St Andrew’s Church (Work No. 39), new Honingham church underpass, embankments, and drainage shown on sheet number 13 of the works plans;

Work No. 38 – a replacement hardstanding area west of St Andrew’s Church, Honingham, and associated access road to the existing A47 (Work No. 39), shown on sheet number 13 of the works plans.

Work No. 39 –alteration and reconfiguration of the existing A47 between the proposed cycle track (Work No. 37) and Taverham Road to provide a single lane access road incorporating parking spaces, a vehicle turning area, a secure access gate and adjacent cycle track south east of St Andrew’s Church, shown on sheet numbers 13 and 14 of the works plans;

Work No. 40 – realigned new carriageway, footways, embankments, and drainage between Honingham roundabout and the proposed Norwich Road junction southern dumbbell roundabout (Work No. 46), shown on sheet numbers 13 and 14 of the works plans;

Work No. 41 – a new drainage basin and wetland area, associated drainage with new outfall to the River Tud and driveable access track, east of Taverham Road and between the River Tud and Work No. 47, shown on sheet 14 of the works plans;

Work No. 42 – a new carriageway, embankments and drainage to form the proposed Norwich Road junction eastbound off-slip road to the northern dumbbell roundabout, shown on sheet numbers 13 and 14 of the works plans;

Work No. 43 – a new carriageway, embankments and drainage to form the proposed Norwich Road junction westbound on-slip road from the southern dumbbell roundabout, shown on sheet numbers 13 and 14 of the works plans;

Work No. 44 – a new carriageway, embankments and drainage to form the proposed Norwich Road junction northern dumbbell roundabout, shown on sheet number 14 of the works plans;

Work No. 45 – a new Norwich Road junction underbridge and associated carriageway, embankments and drainage between the dumbbell roundabouts (Work Nos. 44 and 46), shown on sheet number 14 of the works plans;

Work No. 46 – a new carriageway, embankments and drainage to form the proposed Norwich Road junction southern dumbbell roundabout, shown on sheet number 14 of the works plans;

Work No. 47 – a new and altered carriageway, footways, embankment and drainage from the proposed Norwich Road junction northern dumbbell roundabout (Work No. 44) north 270 metres to Taverham Road, shown on sheet number 14 of the works plans;

Work No. 48 – new carriageway, embankments, approaches and drainage to form the proposed Norwich Road junction east bound on slip road from the northern dumbbell roundabout, shown on sheet numbers 14 and 15 of the works plans;

Work No. 49 – a new carriageway, embankments, approaches and drainage to form the proposed Norwich Road junction west bound off slip road to the southern dumbbell roundabout, shown on sheet numbers 14 and 15 of the works plans;

Work No. 50 – a realigned and new carriageway, embankments, approaches and drainage from the proposed Norwich Road junction southern dumbbell roundabout (Work No. 46) east 1,265 metres to Dereham Road, Easton, shown on sheet numbers 14, 15 and 16 of the works plans;

Work No. 51 – a new carriageway from the realigned Taverham Road (Work No. 47) to a new field access and a new cycle track to Church Lane, Easton, plus associated embankments and drainage, shown on sheet numbers 14, 15 and 16 of the works plans;

Work No. 52 – a new Easton footbridge, embankments, drainage and access ramps to carry a cycle track between Church Lane, north of the A47, and Dereham Road, Easton, shown on sheet numbers 15 and 16 of the works plans;

Work No. 53 – alterations to Church Lane carriageway, embankments and drainage to create a new driveable access road and new cycle track linking Work No. 52 with the junction of Church Lane with Ringland Road, shown on sheet number 16 of the works plans;

Work No. 54 – altering the southern corner of Rotten Row and Church Lane junction with associated drainage alterations, shown on sheet number 17 of the works plans;

Work No. 55 – southern end of a surface water drainage channel crossing the new driveable access track, between Church Lane and Hillcrest Cottage (Work No. 16) from the north side, shown on sheet number 8 of the works plans;

Work No. 56 – flood alleviation compensation and environmental mitigation area including earthworks, embankments, new ponds, new wetlands and watercourse alterations north of Work No. 2 and east of Lyng Road, shown on sheet 2 and sheet number 2 (inset A) of the works plans;

Work No. 57 – flood alleviation compensation and environmental mitigation area, including watercourse alterations and new wetlands, north of The Street and to the east of Hockering, shown on sheet number 6 and sheet number 6 (inset B) of the works plans;

Work No. 58 – a temporary material storage, management and processing area south of the proposed A47 mainline dual carriageway (Work No. 1), south east of Work No. 5, east of Lyng Road and north of Low Road, shown on sheet 2 of the works plans;

Work No. 59 – a traffic management site compound between the existing A47, Low Road, the proposed A47 mainline dual carriageway (Work No. 1) and the proposed Mattishall Lane Link Road (Work No. 9), shown on sheet 4 of the work plans;

Work No. 60 – a temporary material storage area between the existing A47, the proposed A47 mainline dual carriageway (Work No. 1), the proposed Mattishall Lane Link Road (Work No. 9) and existing Mattishall Lane, shown on sheet 4 of the works plans;

Work No. 61 – a temporary material storage, management and processing area, between the existing A47 and proposed A47 mainline dual carriageway (Work No.1) south east of Hockering, shown on sheet numbers 6 and 7 of the works plans;

Work No. 62 – a temporary compound area, including material storage, management and processing, south of the proposed A47 mainline dual carriageway (Work No. 1), east of Hillcrest Cottage and south west of the proposed A47 Wood Lane Junction southern dumbbell roundabout (Work No. 22), including a temporary connection to existing overhead 11kV electricity cables shown on sheets 8 and 9 of the works plans;

Work No. 63 – a temporary material storage area south and west of the proposed A47 Wood Lane Junction southern dumbbell roundabout (Work No. 22), shown on sheet 9 of the works plans;

Work No. 64 – a material storage area north of the proposed A47 mainline dual carriageway (Work No. 1) and east of the proposed A47 Wood Lane Junction northern dumbbell roundabout (Work No. 20), shown on sheet numbers 10 and 11 of the works plans;

Work No. 65 – a temporary main compound area, including material storage, management and processing, south of the existing A47 Honingham roundabout, shown on sheet 13 of the work plans;

Work No. 66 – a temporary material storage, management and processing area south of the existing A47 Honingham roundabout adjacent to east side of Work No. 65, shown on sheet 13 of the work plans;

Work No. 67 – a temporary material storage, management and processing area north east of the proposed A47 Norwich Road junction northern dumbbell roundabout (Work No. 44) and east of Work No. 41, shown on sheet 14 of the works plans;

Work No. 68 – a temporary material storage, management and processing area east of the proposed Norwich Road junction southern dumbbell roundabout (Work No. 46), shown on sheet numbers 14 and 15 of the works plans;

Work No. 69 –a temporary material storage, management and processing area north of the proposed A47 mainline dual carriageway (Work No. 1) situated between Work Nos. 93 and 94, shown on sheet number 15 of the works plans;

Work No. 70 –a temporary material storage, management and processing area north of the proposed A47 mainline dual carriageway (Work No. 1) situated between Work No. 93 and 94, shown on sheet number 15 of the works plans;

Work No. 71 – a temporary compound area north of the existing Easton roundabout and west of Church Lane, Easton, shown on sheet numbers 15 and 16 of the works plans;

Work No. 72 – a temporary material storage, management and processing area north of Work No. 71 and between Work No. 94 and Church Lane, Easton, shown on sheet numbers 15 and 16 of the works plans;

Work No. 73 – removal of the overhead electronic communications cables crossing Work No.1 and 2 between Poppy Wood and Oak Farm, shown on sheet numbers 1 and 2 of the works plans;

Work No. 74 – diversion of potable water pipes and overhead electronic communications and low voltage electricity utility cables along the route of and to the west of the existing Mattishall Lane and crossing Work Nos. 1, 8, 9, 10 and 11, shown on sheet number 4 of the works plans;

Work No. 75 – undergrounding an overhead electronic communications utility line along Mill Lane, Hockering, crossing Work No. 1, shown on sheet number 5 of the works plans;

Work No. 76 – diversion and undergrounding an overhead 11kV electricity line crossing Work No. 1 between the existing A47 and the River Tud, east of Mill Lane, Hockering, shown on sheet number 5 of the works plans;

Work No. 77 – diversion of a main effluent pipeline crossing Work No. 1 between Hockering Water Recycling Centre, Gypsy Lane, and the River Tud, shown on sheet number 6 of the works plans;

Work No. 78 – diversion and undergrounding of an overhead 11kV electricity line crossing Work No. 1 south east of Gypsy Lane and west of a private property at the western end of Trap’s Lane, shown on sheet numbers 6 and 7 of the works plans;

Work No. 79 – diversion and undergrounding of an overhead 11kV electricity line crossing Work No. 1 between the existing A47 and Trap’s Lane, west of Church Lane, shown on sheet number 7 of the works plans;

Work No. 80 – diversion of potable water pipeline and electronic communications cables crossed by Work No. 1, 15, 16 and 17 between the existing A47 and the Church Lane properties and between Church Lane and Hillcrest Cottage, shown on sheet numbers 7 and 8 of the works plans;

Work No. 81 – installation of ducts, cables and apparatus for utilities and electronic communications code operators in north side of the verge of Work No. 17 between the existing A47 and Wood Lane junction northern dumbbell roundabout (Work No. 20), shown on sheet numbers 7, 8 and 10 of the works plans;

Work No. 82 – removal of electronic communications overhead utility cables to Hillcrest Cottage replaced by Work Nos. 80 and 83, shown on sheet number 8 of the works plans;

Work No. 83 – installation of ducts, cables and apparatus for utilities electronic communications code operators along the track between Hillcrest Cottage and Wood Lane junction southern dumbbell roundabout (Work No. 22) crossing Work Nos 1 and 16, shown on sheet numbers 8 and 9 of the works plans;

Work No. 84 – diversion of a high pressure gas pipeline, potable water pipeline and overhead electronic communications and low voltage electricity utility cables along Wood Lane, the existing A47, Berrys Lane and Dereham Road, Honingham, affected by Works Nos. 1, 19, 22, 23, 24, 26, 27, 28, 29 and 32, shown on sheet numbers 9 and 10 of the works plans;

Work No. 85 – diversion and undergrounding of electronic communications overhead utility cables, east of Wood Lane, crossing Work Nos. 1, 17, 18, 20, 21, 22, 24, 25 and 26a, shown on sheet numbers 9 and 10 of the works plans;

Work No. 86 – diversion of 11kV electricity cables crossing the new junction between the new Hall Farm underpass and access road (Work No. 30) and the existing A47, shown on sheet number 11 of the works plans;

Work No. 87 – diversion and undergrounding of electronic communications overhead utility cables along the access track to Hall Farm from the existing A47 crossing Work Nos. 1 and 33, shown on sheet number 11 of the works plans;

Work No. 88 – diversion and undergrounding an overhead 11kV electricity cable crossing Work No. 1 between the existing A47 and Hall Farm, shown on sheet number 11 of the works plans;

Work No. 89 – diversion of a potable water pipeline, an effluent pipeline, overhead electronic communications and low voltage electricity utility cables between the existing Honingham roundabout and existing A47 east of St Andrew’s Church crossed by Works Nos. 1, 32, 37, 38, 39 and 40, shown on sheet numbers 12, 13 and 14 of the works plans;

Work No. 90 – diversion of electricity and electronic communications utility cables crossing the existing A47 and realigned Taverham Road (Works No. 39 and 47), shown on sheet number 14 of the works plans;

Work No. 91 – diversion of electronic communication utility cables crossed by Work Nos. 1, 39, 40, 42, 43 and 47, from Church Farm bridge south along Taverham Road and Blind Lane, then east along Red Barn Lane and Church Road to a connection beside Dereham Road, south-east of St Peter’s Church, Easton, shown on sheet numbers 14, 15, 16, 18 and 19 of the works plans;

Work No. 92 – diversions on the north side of the proposed A47 mainline dual carriageway (Work No. 1) of a potable water pipeline, an effluent pipeline and overhead electronic communications and low voltage electricity utility cables between Taverham Road and Dereham Road, Easton, crossed by the proposed A47 mainline dual carriageway (Work No. 1), Norwich Road junction northern dumbbell roundabout (Work No. 44) and connecting slip roads and side roads, shown on sheet numbers 14 and 15 of the works plans;

Work No. 93 – alterations to the overhead 132kV electricity line with associated temporary work areas between the pylons with temporary access routes to Taverham Road and Church Road, Easton, shown on sheet numbers 15, 19 and 20 of the works plans;

Work No. 94 – installation of the onshore connection works west of Easton consented as part of the Hornsea Three Offshore Wind Farm Order 2020, comprising up to six cable circuits and associated electrical circuit ducts under Works Nos. 1, 50 and 51, and associated link boxes, joint bays, cable ducts, cable protection, joint protection, manholes, marker posts, underground cable marker, tiles and tape, and lighting and other works associated with cable laying, haul roads, vehicular accesses and construction compounds or if horizontal direction drilling is to be used, horizontal direction drilling compounds shown on sheet numbers 15 and 19 of the works plans;

Work No. 95 – removal of existing 11kV overhead electricity utility cables and installation of new ground based sub-station beside Dereham Road with low voltage connection to existing network in highway boundary, shown on sheet numbers 15 and 16 of the works plans;

Work No. 96 – environmental mitigation, including watercourse improvements and creation of ponds and wetlands between the River Tud and proposed A47 mainline dual carriageway (Work No. 1), shown on sheet number 6 of the works plans;

Work No. 97 – River Tud crossing ecological and environmental mitigation, including earthworks, watercourse alterations and creation of ponds and wetlands between the River Tud, existing A47, the proposed A47 mainline dual carriageway (Work No. 1) and the drainage basin east of Hall Farm underpass (Work No. 31), shown on sheet numbers 11 and 12 of the works plans;

Work No. 98 – new carriageway 50m in length and associated embankments, approaches and drainage to provide the option for Norwich Western Link road to connect to the proposed A47 Wood Lane Junction northern dumbbell roundabout (Work No. 20), shown on sheet number 10 of the works plans;

Work No. 99 – temporary haul route from the new field access carriageway connecting to the realigned Taverham Road (Work No. 51) to land parcels between the River Tud, Taverham Road, the A47 mainline dual carriageway (Work No. 1) and Church Lane, north of Easton, to replace access for large vehicles following severance of direct A47 access from Church Lane, shown on sheet numbers 14 and 15 of the works plans;

And for the purposes of or in connection with the construction of any of those works mentioned above, further development within the Order limits which does not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement consisting of:

(a)alteration to the layout of any street permanently or temporarily, including as part of de-trunking or stopping up orders, including but not limited to increasing or reducing the width of the carriageway of the street by reducing or increasing the width of any kerb, footpath, footway, cycle track or verge within the street; altering the level of any such kerb, footpath, footway, cycle track or verge; installing low noise surfacing; and landscaping sections of abandoned sections;

(b)works required for the strengthening, improvement, maintenance or reconstruction of any street;

(c)ramps, means of access, non-motorised links, footpaths, cycle tracks and crossing facilities;

(d)embankments, viaducts, aprons, abutments, shafts, foundations, retaining walls, barriers, pumping stations, parapets, drainage, outfalls, ditches, wing walls, highway lighting, fencing and culverts;

(e)street works, including breaking up or opening up a street, or any sewer, drain or tunnel under it; tunnelling or boring under a street;

(f)works to place, alter, remove or maintain street furniture or apparatus in a street, or apparatus in other land, including mains, sewers, drains, soakaways, pipes, cables, ducts, traffic signals and lights;

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

(h)landscaping, noise bunds and barriers, works associated with the provision of ecological mitigation and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised development;

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

(j)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); remediation of contamination;

(k)the felling of trees;

(l)construction compounds and working sites, storage areas, temporary vehicle parking, construction fencing, perimeter enclosure, security fencing, construction-related buildings, temporary worker accommodation facilities, welfare facilities, construction lighting, haulage roads and other buildings, machinery, apparatus, works and conveniences;

(m)the provision of other works including pavement works, kerbing and paved areas works, signing, signals, gantries, road markings works, traffic management measures including temporary roads and such other works as are associated with the construction of the authorised development; and

(n)such other works, working sites, storage areas and works of demolition, as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction of the authorised development.

Article 5

SCHEDULE 2E+W+SREQUIREMENTS

PART 1E+W+SREQUIREMENTS

InterpretationE+W+S

1.  In this Schedule—

“completion or completed” means the relevant parts of the authorised development are completed and fully open to traffic;

“contaminated land” has the same meaning as that term is given in section 78A of the Environmental Protection Act 1990(3);

“DMRB” means the Design Manual for Roads and Bridges, which accommodates all current standards, advice and other documents relating to the design, assessment and operation of trunk roads and motorways, or any equivalent replacement to the DMRB published;

“drainage strategy” means the strategy in Appendix 13.2 of the environmental statement;

“ecological works” means Work Nos. 56 and 97;

“EMP (Second Iteration)” means the second iteration of the environmental management plan produced in accordance with the DMRB, which is to be a refined version of the EMP (First Iteration) including more detailed versions of the outline plans contained or listed within the EMP (First Iteration) or any other plans as required;

“EMP (Third Iteration)” means the third iteration of the environmental management plan produced in accordance with the DMRB, which is a refined version of the EMP (Second Iteration) and which relates to the operational and maintenance phase of the authorised development;

“European protected species” has the same meaning as in regulations 42 (European protected species of animals) and 46 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2017(4);

“the environmental masterplan” means the document certified as the masterplan under article 50 (certification of documents, etc.);

“lead local flood authority” has the same meaning as in the Flood and Water Management Act 2010;

“IDB” means the Norfolk Rivers Drainage Board;

“the Manual of Contract Documents for Highway Works” means the document of that name published electronically by or on behalf of the strategic highway authority for England or any equivalent replacement published for that document;

“nationally protected species” means any species protected under the Wildlife and Countryside Act 1981(5); and

“REAC” means the Register of Environmental Actions and Commitments forming table 3.1 of the EMP (First Iteration).

Time limitsE+W+S

2.  The authorised development must commence no later than the expiration of 5 years beginning with the date that this Order comes into force.

Detailed designE+W+S

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

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

Environmental Management PlanE+W+S

4.—(1) No part of the authorised development, except for the ecological works, is to commence until an EMP (Second Iteration) for that part, substantially in accordance with the EMP (First Iteration) has been submitted to and approved in writing by the Secretary of State, following consultation by the undertaker with the relevant planning authority, local highway authority, lead local flood authority, the Environment Agency and Natural England to the extent that the content of the EMP (Second Iteration) relates to matters relevant to their functions.

(2) The EMP (Second Iteration) for a part must be written in accordance with ISO14001 and so far as is relevant to that part of the authorised development, must reflect the mitigation measures required by the REAC and set out in the environmental statement and must include as many of the following plans and strategies as are applicable to the part of the authorised development to which it relates—

(a)Site waste management plan;

(b)Materials management plan;

(c)Soil handling management plan;

(d)Construction noise and dust management plan;

(e)Construction communication strategy;

(f)Landscape and ecology management plan;

(g)Biosecurity management plan;

(h)Water monitoring and management plan;

(i)Detailed heritage Written Scheme of Investigation;

(j)Temporary surface water drainage strategy;

(k)INNS management plan; and

(l)Operational UXO emergency plan.

(3) The relevant part of the authorised development must be constructed in accordance with the approved EMP (Second Iteration).

(4) On completion of construction of each part of the authorised development the EMP (Third Iteration) relating to that part must be submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority and the relevant local highway authority to the extent that the content of the EMP (Third Iteration) relates to matters relevant to their functions.

(5) The relevant part of the authorised development must be operated and maintained in accordance with the EMP (Third Iteration).

LandscapingE+W+S

5.—(1) The authorised development must be landscaped in accordance with a landscaping scheme which sets out details of all proposed hard and soft landscaping works and which has been submitted to and approved in writing by the Secretary of State, following consultation with—

(a)the relevant planning authority; and

(b)Natural England.

(2) The landscaping scheme must reflect the mitigation measures set out in the REAC and must be based on the environmental masterplan.

(3) The landscaping scheme prepared under sub-paragraph (1) must include details of—

(a)location, number, species mix, size and planting density of any proposed planting;

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

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

(d)proposed finished ground levels;

(e)implementation timetables for all landscaping works; and

(f)measures for the replacement, in the first available planting season, of any tree or shrub planted as part of the landscaping scheme that, within a period of 5 years after the completion of the part of the authorised development to which the relevant landscaping scheme relates, dies, becomes seriously diseased or is seriously damaged.

(4) All landscaping works must be carried out to a reasonable standard in accordance with the relevant recommendations of appropriate British Standards or other more suitable recognised codes of good practice, provided these meet or exceed the appropriate British Standards.

Contaminated land and groundwaterE+W+S

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

(2) Where the risk assessment prepared in accordance with sub-paragraph (1) determines that remediation of the contaminated land is necessary, a written scheme and programme for the remedial measures to be taken to render the land fit for its intended purpose and to prevent any impacts on controlled waters must be submitted to and approved in writing by the Secretary of State, following consultation by the undertaker with the relevant planning authority on matters related to its function and the Environment Agency.

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

Protected speciesE+W+S

7.—(1) No part of the authorised development is to commence until, for that part, final preconstruction survey work has been carried out to establish whether European or nationally protected species are present on any of the land affected or likely to be affected by that part of the relevant works, or in any of the trees and shrubs to be lopped or felled as part of the relevant works.

(2) Following pre-construction survey work or at any time when carrying out the authorised development, where—

(a)a protected species is shown to be present, or where there is a reasonable likelihood of it being present;

(b)application of the relevant assessment methods used in the environmental statement show that a significant effect is likely to occur which was not previously identified in the environmental statement; and

(c)that effect is not addressed by any prior approved scheme of protection and mitigation established in accordance with this paragraph,

the relevant parts of the relevant works must cease until a scheme of protection and mitigation measures has been submitted to and approved in writing by the Secretary of State.

(3) The undertaker must consult with Natural England on the scheme referred to in subparagraph (2) prior to submission to the Secretary of State for approval, except where a suitably qualified and experienced ecologist, holding where relevant and appropriate a licence relating to the species in question, determines that the relevant works do not require a protected species licence.

(4) The relevant works under sub-paragraph (2) must be carried out in accordance with the approved scheme, unless otherwise agreed by the Secretary of State after consultation by the undertaker with Natural England, and under any necessary licences.

Surface water drainageE+W+S

8.—(1) No part of the authorised development, except for the ecological works, is to commence until, for that part, written details of the surface water drainage system, reflecting the drainage strategy and the mitigation measures set out in the REAC including means of pollution control, have been submitted and approved in writing by the Secretary of State following consultation by the undertaker with the lead local flood authority, IDB and the Environment Agency on matters related to their functions.

(2) The surface water drainage system must be constructed in accordance with the approved details, unless otherwise agreed in writing by the Secretary of State following consultation by the undertaker with the lead local flood authority, IDB and the Environment Agency on matters related to its function, provided that the Secretary of State is satisfied that any amendments to the approved details would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

Archaeological remainsE+W+S

9.—(1) No part of the authorised development, is to commence until, for that part, a written scheme of investigation of areas of archaeological interest, reflecting the relevant mitigation measures set out in the REAC, has been submitted to and approved in writing by the Secretary of State, following consultation by the undertaker with the relevant planning authority, Norfolk County Council Historic Strategy and Advice Team and Historic England on matters related to their functions.

(2) The authorised development must be carried out in accordance with the scheme referred to in sub-paragraph (1).

Traffic managementE+W+S

10.—(1) No part of the authorised development comprising the construction, alteration or improvement of Work No. 1 is to commence until a traffic management plan substantially in accordance with the outline traffic management plan, for that part has been submitted to and approved in writing by the Secretary of State, following consultation by the undertaker with the relevant highway authority on matters related to its function.

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

FencingE+W+S

11.  Any permanent and temporary fencing and other means of enclosure for the authorised development must be constructed and installed in accordance with Manual of Contract Documents for Highway Works maintained by or on behalf of the undertaker except where any departures from that manual are agreed in writing by the Secretary of State in connection with the authorised development.

Ecological worksE+W+S

12.—(1) No part of the ecological works is to commence until the siting, design, method of construction and timetable for delivery of the new ponds and ditches to be included within Work Nos. 56 and 97 have been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority and Natural England.

(2) The construction of the ponds and ditches forming part of the ecological works must thereafter be carried out in accordance with the approved details.

Ørsted worksE+W+S

13.—(1) No part of Work No. 94 is to commence without the written approval of Ørsted and all works must be carried out in accordance with requirements 10, 17, 18 and 22 in Schedule 1 Part 3 of the Hornsea Three Order.

Approvals and amendments to approved detailsE+W+S

14.  With respect to any requirement which requires the authorised development to be carried out in accordance with the details or schemes approved under this Schedule, the approved details or schemes are taken to include any amendments that may subsequently be approved in writing by the Secretary of State.

PART 2E+W+SPROCEDURE FOR DISCHARGE OF REQUIREMENTS

Applications made under requirementsE+W+S

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

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

(b)the day immediately following that on which further information has been supplied by the undertaker under paragraph 15 (further information); or

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

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

(3) Where—

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

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

(c)the application is accompanied by a report from a body required to be consulted by the undertaker under the requirement that considers it likely that the subject matter of the application would give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement,

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

Further informationE+W+S

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

(2) In the event that the Secretary of State considers such further information to be necessary the Secretary of State must, within 21 business days of receipt of the application, notify the undertaker in writing specifying the further information required and (if applicable) to which part of the application it relates.

(3) In the event that the Secretary of State does not give such notification within that 21 day business period the Secretary of State is deemed to have sufficient information to consider the application and is not subsequently entitled to request further information without the prior agreement of the undertaker.

(4) Where further information is requested under this paragraph in relation to part only of an application, that part is treated as separate from the remainder of the application for the purposes of calculating the time periods referred to in paragraph 14 (applications made under requirements) and in this paragraph.

(5) In this paragraph, “business day” means a day other than Saturday or Sunday, which is not Christmas Day, Good Friday or a bank holiday under section 1 (bank holidays) of the Banking and Financial Dealings Act 1971(6).

Register of requirementsE+W+S

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

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

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

Anticipatory steps towards compliance with any requirementE+W+S

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

Details of consultationE+W+S

19.  In relation to any provision of this Schedule requiring details to be submitted to the Secretary of State for approval following consultation by the undertaker with another party, the undertaker must provide such other party with not less than 15 business days for any response to the consultation and thereafter the details submitted to the Secretary of State for approval must be accompanied by a summary report setting out the consultation undertaken by the undertaker to inform the details submitted and the undertaker’s response to that consultation.

Articles 12 and 18

SCHEDULE 3E+W+SCLASSIFICATIONS OF ROADS, ETC.

PART 1E+W+STRUNK ROADS

PART 2E+W+SCLASSIFIED B ROADS

PART 2AE+W+SCLASSIFIED C ROADS

PART 3E+W+SUNCLASSIFIED ROADS

PART 4E+W+SSPEED LIMITS

Note: where speed limits are indicated on the plans relating to this Part (the traffic regulation plans) but are not referenced in this schedule they indicate that national speed limits apply in accordance with either:

(a)the national speed limit set out in—

(i)Section 86 (speed limits for particular classes of vehicles) of, and Schedule 6 (speed limits for particular classes of vehicles) to the 1984 Act; and

(ii)the 70 miles per hour, 60 miles per hour and 50 miles per hour (Temporary Speed Limit) Order 1977 as varied by the 70 miles per hour, 60 miles per hour and 50 miles per hour (Temporary Speed Limit) (Variation) Order 1978 and continued indefinitely by Regulation 2 of the 70 Miles Per Hour, 60 Miles Per Hour and 50 Miles Per Hour (Temporary Speed Limit) (Continuation) Order 1978 (S.I. 1978/1548)(7); or

(b)sections 81 and 82 of the Road Traffic Regulation Act 1984 (which defines speed limits on ‘restricted roads’ by reference to street lighting),

and are not subject to this order. For details of the scheme lighting design, refer to the general arrangement plans.

PART 5E+W+SREVOCATIONS & VARIATIONS OF EXISTING TRAFFIC REGULATION ORDERS

PART 6E+W+SFOOTPATHS, CYCLE TRACKS, FOOTWAYS AND BRIDLEWAYS

PART 7E+W+SROADS TO BE DE-TRUNKED

PART 8E+W+STRAFFIC REGULATION MEASURES (CLEARWAYS AND PROHIBITIONS)

Articles 16 and 27

SCHEDULE 4E+W+S

PERMANENT STOPPING UP OF HIGHWAYS AND PRIVATE MEANS OF ACCESS & PROVISION OF NEW HIGHWAYS AND PRIVATE MEANS OF ACCESSE+W+S

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

(a)Existing highways are to be stopped up, as described in column (2) of Parts 1 and 2 of this Schedule, are shown by blue diagonal hatching (as shown in the key on the rights of way and access plans) over the extent of the area to be stopped up, which is described in column (3) of Parts 1 and 2 of this Schedule and given a reference label in a square box (a capital A followed by a number).

(b)New highways which are to be substituted for a highway to be stopped up (or which are otherwise to be provided), as are included in column (4) of Part 2 of this Schedule, are shown by—

(i)red honeycomb-hatching (for motorways and trunk roads),

(ii)yellow cross-hatching (for other classified roads and highways),

(iii)green vertical hatching (for cycle tracks and restricted byways),

(iv)a green dashed line (for public rights of way),

(as shown in the key on the rights of way and access plans) and are given a reference label in a square (D for new highway and CF for new public rights of way and cycle tracks to be substituted or provided) and will be a road unless the word ‘footpath’, ‘bridleway’, ‘footway’ or ‘cycle track’ appears beneath its reference letter in column (4) of Part 2 of this Schedule.

(c)Private means of access to be stopped up, as described in column (2) of Parts 3 and 4 of this Schedule, are shown by solid lime green shading (as shown in the key on the rights of way and access plans) over the extent of stopping up described in column (3) of Parts 3 and 4 of this Schedule, and are given a reference label in a square (a capital B followed by a number).

(d)New private means of access to be substituted for a private means of access to be stopped up (or which are otherwise to be provided), as are included in column (4) of Part 3 of this Schedule, are shown by red diagonal hatching (as shown in the key on the rights of way and access plans) and are given a reference label in a square (a capital C followed by a number).

PART 1E+W+SHIGHWAYS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

PART 2E+W+SHIGHWAYS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW HIGHWAYS WHICH ARE OTHERWISE TO BE PROVIDED

PART 3E+W+SPRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW PRIVATE MEANS OF ACCESS WHICH ARE OTHERWISE TO BE PROVIDED

PART 4E+W+SPRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

Article 26

SCHEDULE 5E+W+SLAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED

Article 26

SCHEDULE 6E+W+SMODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

Compensation enactmentsE+W+S

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

2.—(1) Without limitation on the scope of paragraph 1, the 1961 Act has effect subject to the modification set out in sub-paragraph (2).E+W+S

(2) For section 5(A) (5A) (relevant valuation date) of the 1961 Act substitute—

“(5A) If—

(a)the acquiring authority enters on land for the purposes of exercising a right in pursuance of a notice of entry under section 11(1) of the 1965 Act (as modified by paragraph 5(5) of Schedule 6 to the A47 North Tuddenham to Easton Development Consent Order 2022 (“the A47 North Tuddenham to Easton Order”));

(b)the acquiring authority is subsequently required by a determination under paragraph 12 of Schedule 2A to the 1965 Act (as substituted by paragraph 5(8) of Schedule 6 to the A47 North Tuddenham to Easton Order) to acquire an interest in the land; and

(c)the acquiring authority enter on and take possession of that land,

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

3.—(1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973(8) has effect subject to the modifications set out in sub-paragraph (2).E+W+S

(2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 (measure of compensation in case of severance) of the 1965 Act as substituted by paragraph 5(3)—

(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”.

Application of Part 1 of the 1965 ActE+W+S

4.  Part 1 of the 1965 Act, as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (and modified by article 29 (modification of Part 1 of the 1965 Act)) to the acquisition of land under article 23 (compulsory acquisition of land), applies to the compulsory acquisition of a right by the creation of a new right, or to the imposition of a restrictive covenant under article 26(1) (compulsory acquisition of rights and imposition of restrictive covenants)—E+W+S

(a)with the modifications specified in paragraph 5; and

(b)with such other modifications as may be necessary.

5.—(1) The modifications referred to in paragraph 4(a) are as follows.E+W+S

(2) References in the 1965 Act to land are, in the appropriate contexts, to 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 restrictive covenant 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.

(3) For Section 7 (measure of compensation in case of severance) of the 1965 Act substitute—

“7.  In assessing the compensation to be paid by the acquiring authority under this Act, regard must be had not only to the extent (if any) to which the value of the land over which the right is to be acquired or the restrictive covenant is to be imposed is depreciated by the acquisition of the right or the imposition of the restrictive 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 posers conferred by this or the special Act.”

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

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

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

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

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

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

(5) Section 11(9)(powers of entry) of the 1965 Act is modified so as to secure that, where the acquiring authority has served notice to treat in respect of any right or restrictive covenant, as well as the notice of entry required by subsection (1) of that section (as it applies to compulsory acquisition under article 23), 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; and sections 11A(10) (powers of entry: further notices of entry). 11B(11) (counter-notice requiring possession to be taken on specified dated, 12(12) (unauthorised entry), and 13(13)(refusal to give possession to acquiring authority) of the 1965 Act are modified correspondingly.

(6) Section 20(14)(tenants at will, etc.) of the 1965 Act applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right or the enforcement of the restrictive covenant in question.

(7) Section 22 (interests omitted from purchase) of the 1965 Act as modified by article 29(4) is also modified so as to enable the acquiring authority in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired, subject to compliance with that section as respects compensation.

(8) For Schedule 2A of the 1965 Act substitute—

“SCHEDULE 2AE+W+SCOUNTER-NOTICE REQUIRING PURCHASE OF LAND NOT IN NOTICE TO TREAT

IntroductionE+W+S

1.—(1) This Schedule applies where an undertaker serves a notice to treat in respect of a right over, or a restrictive covenant affecting, the whole or part of a house, building or factory and has not executed a general vesting declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 as applied by article 30 (application of the 1981 Act) of the A47 North Tuddenham to Easton Development Consent Order 2022 in respect of the land to which the notice to treat relates.

(2) But see article 31(3) (acquisition of subsoil or airspace only) of the A47 North Tuddenham to Easton Development Consent Order 2022 which excludes the acquisition of subsoil or airspace only from this Schedule.

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

Counter-notice requiring purchase of landE+W+S

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

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

Response to counter-noticeE+W+S

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

(a)withdraw the notice to treat,

(b)accept the counter-notice, or

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

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

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

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

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

Determination by the Upper TribunalE+W+S

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

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

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

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

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

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

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

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

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

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

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

15.  Any dispute as to the compensation is to be determined by the Upper Tribunal.”.

Article 33

SCHEDULE 7E+W+SLAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

Article 39

SCHEDULE 8E+W+SREMOVAL OF HEDGEROWS

PART 1E+W+SREMOVAL OF HEDGEROWS

PART 2E+W+SREMOVAL OF IMPORTANT HEDGEROWS

Article 35 and 49

SCHEDULE 9E+W+SPROTECTIVE PROVISIONS

PART 1E+W+SFOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWAGE UNDERTAKERS

1.  For the protection of the utility undertakers referred to in this Part of this Schedule the following provisions have effect, unless otherwise agreed in writing between the undertaker and the utility undertaker concerned.E+W+S

2.  In this Part of this Schedule—E+W+S

“alternative apparatus” means alternative apparatus adequate to enable the utility undertaker in question to fulfil its statutory functions in a manner no less efficient than previously;

“apparatus” means—

and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

“functions” includes powers and duties;

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

“plan” include all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe the works to be executed; and

“utility undertaker” means—

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

On street apparatusE+W+S

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

Apparatus in stopped up streetsE+W+S

4.—(1) Where any street is stopped up under article 16 (permanent stopping up and restriction of use of streets and private means of access), any utility undertaker whose apparatus is in the street has the same powers and rights in respect of that apparatus as it enjoyed immediately before the stopping up and the undertaker must grant to the utility undertaker legal easements reasonably satisfactory to the utility undertaker in respect of such apparatus and access to it, but nothing in this paragraph affects any right of the undertaker or of the utility undertaker to require the removal of that apparatus under paragraph 7 or the power of the undertaker to carry out works under paragraph 9.

(2) Regardless of the temporary stopping up or diversion of any highway under the powers conferred by article 15 (temporary stopping up and restriction of use of streets), a utility undertaker is at liberty at all times to take all necessary access across any such stopped up highway and to execute and do all such works and things in, upon or under any such highway as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the stopping up or diversion was in that highway.

Protective works to buildingsE+W+S

5.  The undertaker, in the case of the powers conferred by article 21 (protective work to buildings), must exercise those powers so as not to obstruct or render less convenient the access to any apparatus.

Acquisition of landE+W+S

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

Removal of apparatusE+W+S

7.—(1) — If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed or requires that the utility undertaker’s apparatus is relocated or diverted, that apparatus must not be removed under this Part of this Schedule, and any right of a utility 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 utility undertaker in question in accordance with sub-paragraphs (2) to (6).

(2) If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, the undertaker must give to the utility undertaker in question 28 days’ written notice of that requirement, together with a plan of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order a utility undertaker reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to the utility undertaker the necessary facilities and rights for the construction of alternative apparatus in other land of the undertaker and subsequently for the maintenance of that apparatus.

(3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2) in the land in which the alternative apparatus or part of such apparatus is to be constructed, the utility 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 the land in which the alternative apparatus is to be constructed.

(4) Any alternative apparatus to be constructed in land of the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between the utility undertaker in question and the undertaker or in default of agreement settled by arbitration in accordance with article 52 (arbitration).

(5) The utility undertaker in question must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 52 (arbitration), and after the grant to the utility undertaker of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.

(6) Regardless of anything in sub-paragraph (5), if the undertaker gives notice in writing to the utility undertaker in question that the undertaker desires itself to execute any work, or part of any work in connection with the construction or removal of apparatus in any land of the undertaker, that work, instead of being executed by the utility undertaker, must be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the utility undertaker.

Facilities and rights for alternative apparatusE+W+S

8.—(1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to a utility undertaker facilities and rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities and rights are to be granted upon such terms and conditions as may be agreed between the undertaker and the utility undertaker in question or in default of agreement settled by arbitration in accordance with article 52 (arbitration).

(2) If the facilities and rights to be afforded by the undertaker in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to the utility undertaker in question than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator must make such provision for the payment of compensation by the undertaker to that utility undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

Retained apparatusE+W+S

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

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

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

(4) If a utility undertaker, in accordance with sub-paragraph (3) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 1 to 3 and 6 to 8 apply as if the removal of the apparatus had been required by the undertaker under paragraph 7(2).

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

(6) The undertaker is not required to comply with sub-paragraph (5) in a case of emergency but in that case it must give to the utility undertaker in question notice as soon as is reasonably practicable and a plan of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (3) in so far as is reasonably practicable in the circumstances.

(7) In relation to works which will or may be situated on, over, under or within 10 metres measured in any direction of any electricity apparatus, or involve embankment works within 10 metres of any electricity apparatus, the plan to be submitted to the utility undertaker under subparagraph (1) must be detailed, include a method statement and describe—

(a)the exact position of the works;

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

(c)the manner of their construction or renewal;

(d)the position of all electricity apparatus; and

(e)by way of detailed drawings, every alteration proposed to be made to such apparatus.

Expenses and costsE+W+S

10.—(1) Subject to the following provisions of this paragraph, the undertaker must repay to a utility undertaker all expenses reasonably incurred by that utility undertaker in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any such works as are referred to in paragraph 7(2).

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

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

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

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

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 52 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the utility undertaker in question by virtue of sub-paragraph (1) must be reduced by the amount of that excess.

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

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

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

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

11.—(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any such works referred to in paragraphs 5 or 7(2) any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of a utility undertaker, or there is any interruption in any service provided, or in the supply of any goods, by any utility undertaker, the undertaker must—

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

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

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

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

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

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

CooperationE+W+S

12.  Where in consequence of the proposed construction of any part of the authorised development, the undertaker or a utility undertaker requires the removal of apparatus under paragraph 7(2) or a utility undertaker makes requirements for the protection or alteration of apparatus under paragraph 9, the undertaker must use its best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe and efficient operation of the utility undertaker’s undertaking and each utility undertaker must use its best endeavours to co- operate with the undertaker for that purpose.

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

PART 2E+W+SFOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

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

15.  In this Part of this Schedule—E+W+S

“the 2003 Act” means the Communications Act 2003(19);

“electronic communications apparatus” has the same meaning as in the electronic communications code;

“the electronic communications code” has the same meaning as in Chapter 1 (electronic communications, networks and services) of Part 2 of the 2003 Act(20);

“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;

“infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7(2) of that code; and

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

16.  The exercise of the powers conferred by article 35 (statutory undertakers) is subject to Part 10 (undertakers works affecting electronic communications apparatus) the electronic communications code in the 2003 Act.E+W+S

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

(a)any damage is caused to any electronic communications apparatus belonging to an operator (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works), or other property of an operator; or

(b)there is any interruption in the supply of the service provided by an operator,

the undertaker must bear and pay the cost reasonably incurred by the operator in making good such damage or restoring the supply and make reasonable compensation to that operator for any other expenses, loss, damages, penalty or costs incurred by it, by reason, or in consequence of, any such damage or interruption.

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

(3) The operator must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise of the claim or demand is to be made without the consent of the undertaker 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.

(4) Any difference arising between the undertaker and the operator under this Part of this Schedule must be referred to and settled by arbitration under article 52 (arbitration).

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

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

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

(6) Nothing in this Part of this Schedule 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 3E+W+SFOR THE PROTECTION OF NATIONAL GRID AS GAS UNDERTAKER

ApplicationE+W+S

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

(2) Subject to sub-paragraph (3) or to the extent otherwise agreed in writing between the undertaker and National Grid, where the benefit of this Order is transferred or granted to another person under article 10 (consent to transfer benefit of Order)—

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

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

(3) Sub-paragraph (2) does not apply where the benefit of the Order is transferred or granted to National Grid (but see paragraph 28(3)(b)).

InterpretationE+W+S

19.  In this Part of this Schedule—

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

“alternative apparatus” means appropriate alternative apparatus to the reasonable satisfaction of National Grid to enable National Grid to fulfil its statutory functions in a manner no less efficient than previously;

“apparatus” means any gas mains, pipes, pressure governors, ventilators, cathodic protections, cables or other apparatus belonging to or maintained by National Grid for the purposes of gas supply together with any replacement apparatus and such other apparatus constructed pursuant to the Order that becomes operational apparatus of National Grid for the purposes of transmission, distribution or supply and includes any structure in which apparatus is or will be lodged or which gives or will give access to apparatus;

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

“commence” and “commencement” in paragraph 26 and 28 of this Part of this Schedule includes any below ground surveys, monitoring, ground work operations or the receipt and erection of construction plant and equipment,

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

“functions” includes powers and duties;

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

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

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

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

“maintain” and “maintenance” includes the ability and right to do any of the following in relation to any apparatus or alternative apparatus of National Grid including construct, use, repair, alter, inspect, renew or remove the apparatus;

“National Grid” means National Grid Gas Plc or any successor as a gas transporter within the meaning of Part 1 of the Gas Act 1986 as the context requires;

“plan” or “plans” include all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe and assess the works to be executed;

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

20.  Except for paragraphs 21 (apparatus in stopped up streets), 26 (retained apparatus: protection), 27 (expenses) and 28 (indemnity) of this Schedule which will apply in respect of the exercise of all or any powers under the Order affecting the rights and apparatus of National Grid, the other provisions of this Schedule do not apply to apparatus in respect of which the relations between the undertaker and National Grid are regulated by the provisions of Part 3 of the 1991 Act.

Apparatus of National Grid in stopped up streetsE+W+S

21.—(1) Where any street is stopped up under article 16 (permanent stopping up and restriction of use of streets and private means of access), if National Grid has any apparatus in the street or accessed via that street National Grid has the same rights in respect of that apparatus as it enjoyed immediately before the stopping up and the undertaker must grant to National Grid, or procure the granting to National Grid of, legal easements reasonably satisfactory to National Grid in respect of such apparatus and access to it prior to the stopping up of any such street but nothing in this paragraph affects any right of the undertaker or National Grid to require the removal of that apparatus under paragraph 24 or the power of the undertaker, subject to compliance with this sub-paragraph, to carry out works under paragraph 26.

(2) Notwithstanding the temporary alteration, diversion or restriction of any highway under the powers of article 15 (temporary stopping up and restriction of use of streets), National Grid will be at liberty at all times to take all necessary access across any such street and to execute and do all such works and things in, upon or under any such street as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the alteration, diversion or restriction was in that street.

Protective works to buildingsE+W+S

22.  The undertaker must exercise the powers conferred by article 21 (protective work to buildings) so as not to obstruct or render less convenient the access to any apparatus without the written consent of National Grid (such consent not to be unreasonably withheld).

Acquisition of landE+W+S

23.—(1) Regardless of any provision in this Order or anything shown on the land plans, the undertaker may not acquire any interest in land or apparatus or override any easement or other interest of National Grid otherwise than by agreement.

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

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

(4) Any agreement or consent granted by National Grid under paragraph 26or any other paragraph of this Part of this Schedule, is not to be taken to constitute agreement under sub-paragraph (1).

Removal of apparatusE+W+S

24.—(1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in or possesses temporarily any land in which any apparatus is placed, that apparatus must not be removed under this Part of this Schedule and any right of National Grid to maintain that apparatus in that land must not be extinguished until alternative apparatus has been constructed, and is in operation to the reasonable satisfaction of National Grid in accordance with sub-paragraph (2) to (5).

(2) If, for the purpose of executing any works in, on, under or over any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, it must give to National Grid advance written notice of that requirement, together with a plan of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order National Grid reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to National Grid to its reasonable satisfaction (taking into account paragraph 25(1)) the necessary facilities and rights—

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

(b)subsequently for the maintenance of that apparatus.

(3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of or land secured by the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2) in the land in which the alternative apparatus or part of such apparatus is to be constructed, National Grid must, on receipt of a written notice to that effect from the undertaker, take such steps as are reasonable in the circumstances in an endeavour to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed save that this obligation does not extend to the requirement for National Grid to use its compulsory purchase powers to this end unless it elects to so do.

(4) Any alternative apparatus to be constructed in land of or land secured by the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between National Grid and the undertaker.

(5) National Grid must, after the alternative apparatus to be provided or constructed has been agreed, and subject to the grant to National Grid of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.

Facilities and rights for alternative apparatusE+W+S

25.—(1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to or secures for National Grid facilities and rights in land for the construction, use, maintenance and protection of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and National Grid and must be no less favourable on the whole to National Grid than the facilities and rights enjoyed by it in respect of the apparatus to be removed unless otherwise agreed by National Grid.

(2) If the facilities and rights to be afforded by the undertaker under paragraph (1) above in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are less favourable on the whole to National Grid than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the matter may be referred to arbitration in accordance with paragraph 32 (Arbitration) of this Part of this Schedule and the arbitrator must make such provision for the payment of compensation by the undertaker to National Grid as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

Retained apparatus: protection of gas undertakerE+W+S

26.—(1) Not less than 56 days before the commencement of any specified works the undertaker must submit to National Grid a plan and, if reasonably required by National Grid, a ground monitoring scheme in respect of those works.

(2) The plan to be submitted to National Grid under sub-paragraph (1) must include a method statement and describe—

(a)the exact position of the works;

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

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

(d)the position of all apparatus;

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

(f)any intended maintenance regimes.

(3) The undertaker must not commence any specified works until National Grid has given written approval of the plan so submitted.

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

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

(b)must not be unreasonably withheld or delayed.

(5) National Grid may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing its apparatus against interference or risk of damage for the provision of protective works or for the purpose of providing or securing proper and convenient means of access to any apparatus.

(6) Specified works must only be executed in accordance with—

(a)the plan, submitted under sub-paragraph (1), as approved or as amended from time to time by agreement between the undertaker and National Grid; and

(b)such reasonable requirements as may be made in accordance with sub-paragraphs (5) or (7) by National Grid for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and National Grid will be entitled to watch and inspect the execution of those works.

(7) Where under sub-paragraph (6) National Grid requires any protective works to be carried out by itself or by the undertaker such protective works (whether of a temporary or permanent nature) must be carried out to National Grid’s satisfaction prior to the commencement of any specified works for which protective works are required and National Grid must give notice of its requirement for such works within 42 days of the date of submission of a plan pursuant to this paragraph (except in an emergency).

(8) If National Grid in accordance with sub-paragraphs (5) or (7) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 18 to 20 and 23 to 25 apply as if the removal of the apparatus had been required by the undertaker under paragraph 24(2).

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

(10) As soon as reasonably practicable after any ground subsidence event attributable to the authorised works—

(a)the undertaker must implement an appropriate ground mitigation scheme; and

(b)National Grid retains the right to carry out any further necessary protective works for the safeguarding of its apparatus and can recover any such costs in line with paragraph 28.

(11) The undertaker is not be required to comply with sub-paragraph (1) where it needs to carry out emergency works but in that case it must give to National Grid notice as soon as is reasonably practicable and a plan of those works and must comply with sub-paragraphs (5), (6) and (7) insofar as is reasonably practicable in the circumstances.

(12) In sub-paragraph (11), “emergency works” means works whose execution at the time when they are executed is required in order to put an end to, or to prevent the occurrence of, circumstances then existing or imminent (or which the person responsible for the works believes on reasonable grounds to be existing or imminent) which are likely to cause danger to persons or property.

ExpensesE+W+S

27.—(1) Subject to the following provisions of this paragraph, the undertaker must pay to National Grid within 30 days of receipt of an itemised invoice or claim from National Grid all charges, costs and expenses reasonably anticipated within the following three months or reasonably and properly incurred by National Grid in, or in connection with, the inspection, removal, relaying or replacing, alteration or protection of any apparatus or the construction of any new or alternative apparatus which may be required in consequence of the execution of any authorised works including without limitation—

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

(i)using its own compulsory purchase powers to acquire any necessary rights under paragraph 24(3); or

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

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

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

(d)the approval of plans;

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

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

(2) There will be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Part of this Schedule and which is not re-used as part of the alternative apparatus, that value being calculated after removal.

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

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

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

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with paragraph 32 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to National Grid by virtue of sub-paragraph (1) will be reduced by the amount of that excess save to the extent that it is not possible in the circumstances to obtain the existing type of apparatus at the same capacity and dimensions or place at the existing depth in which case full costs will be borne by the undertaker.

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

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

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

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

IndemnityE+W+S

28.—(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any works authorised by this Part of this Schedule or in consequence of the construction, use, maintenance or failure of any of the authorised works by or on behalf of the undertaker or in consequence of any act or default of the undertaker (or any person employed or authorised by him) in the course of carrying out such works, including without limitation works carried out by the undertaker under this Part of this Schedule or any subsidence resulting from any of these works, any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of the authorised works) or property of National Grid, or there is any interruption in any service provided, or in the supply of any goods, by National Grid, or National Grid becomes liable to pay any amount to any third party, the undertaker will—

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

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

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

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

(a)any damage or interruption to the extent that it is attributable to the neglect or default of National Grid, its officers, servants, contractors or agents;

(b)any part of the authorised works carried out by National Grid in the exercise of any functions conferred by this Order pursuant to a grant or transfer under article 9 (consent to transfer benefit of Order).

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

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

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

Enactments and agreementsE+W+S

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

Co-operationE+W+S

30.—(1) Where in consequence of the proposed construction of any part of the authorised works, the undertaker or National Grid requires the removal of apparatus under paragraph 24(2) or National Grid makes requirements for the protection or alteration of apparatus under paragraph 26, the undertaker must use its best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised works and taking into account the need to ensure the safe and efficient operation of National Grid’s undertaking and National Grid must use its best endeavours to co-operate with the undertaker for that purpose.

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

AccessE+W+S

31.  If in consequence of the agreement reached in accordance with paragraph 23(1) or the powers granted under this Order the access to any apparatus is materially obstructed, the undertaker must provide such alternative means of access to such apparatus as will enable National Grid to maintain or use the apparatus no less effectively than was possible before such obstruction.

ArbitrationE+W+S

32.  Save for differences or disputes arising under paragraph 24(2), 24(4) and 25(1), any difference or dispute arising between the undertaker and National Grid under this Part of this Schedule must, unless otherwise agreed in writing between the undertaker and National Grid, be determined by arbitration in accordance with article 52 (arbitration).

NoticesE+W+S

33.  Notwithstanding article 51 (service of notices), any plans submitted to National Grid by the undertaker pursuant to paragraph 26 must be sent to https://lsbud.co.uk/ and National Grid Plant Protection at assetprotection@nationalgrid.com or such other address as National Grid may from time to time appoint instead for that purpose and notify to the undertaker in writing.

PART 4E+W+SFOR THE PROTECTION OF ANGLIAN WATER

ApplicationE+W+S

34.  For the protection of Anglian Water, the following provisions have effect, unless otherwise agreed in writing between the undertaker and Anglian Water.

InterpretationE+W+S

35.  In this part of this Schedule –

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

“alternative apparatus” means alternative apparatus adequate to enable Anglian Water to fulfil its statutory functions in a manner no less efficient than previously;

“Anglian Water” means Anglian Water Services Limited;

“apparatus” means—

and for the purpose of this definition, where words are defined by section 219 of the Water Industry Act 1991 they shall be taken to have the same meaning.

“functions” includes powers and duties

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

“plan” includes all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe the works to be executed.

On street apparatusE+W+S

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

Apparatus in stopped up streetsE+W+S

37.—(1) Where any street is stopped up under article 16 (permanent stopping up and restriction of use of streets and private means of access), where Anglian Water has apparatus in the street or accessed by virtue of that street, it has the same powers and rights in respect of that apparatus as it enjoyed immediately before the stopping up and the undertaker must grant to Anglian Water legal easements reasonably satisfactory to Anglian Water in respect of such apparatus and access to it, but nothing in this paragraph affects any right of the undertaker or of Anglian Water to require the removal of that apparatus under paragraph 40 or the power of the undertaker to carry out works under paragraph 42.

(2) Regardless of the temporary stopping up or diversion of any highway under the powers conferred by article 15 (temporary stopping up and restriction of the use of streets), Anglian Water is at liberty at all times to take all necessary access across any such stopped up highway and to execute and do all such works and things in, upon or under any such highway as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the stopping up or diversion was in that highway.

Protective works to buildingsE+W+S

38.  The undertaker, in the case of the powers conferred by article 21 (protective work to buildings), must exercise those powers so as not to obstruct or render less convenient the access to any apparatus.

Acquisition of landE+W+S

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

Removal of apparatusE+W+S

40.—(1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed or requires that Anglian Water’s apparatus is relocated or diverted, that apparatus must not be removed under this Part of this Schedule, and any right of Anglian Water to maintain that apparatus in that land must not (without the prior written consent of Anglian Water) be extinguished, until:

(a)alternative apparatus has been constructed and is in operation to the reasonable satisfaction of Anglian Water in accordance with sub-paragraphs (2) to (8); and

(b)facilities and rights have been secured for that alternative apparatus in accordance with paragraph 41.

(2) If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, the undertaker must give to Anglian Water 28 days’ written notice of that requirement, together with a plan of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order an undertaker reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to Anglian Water the necessary facilities and rights for the construction of alternative apparatus in other land of the undertaker and subsequently for the maintenance of that apparatus.

(3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2) in the land in which the alternative apparatus or part of such apparatus is to be constructed Anglian Water must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use its best endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed.

(4) Any alternative apparatus to be constructed in land of the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between Anglian Water and the undertaker or in default of agreement settled by arbitration in accordance with article 52 (arbitration).

(5) Anglian Water must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 52 (arbitration), and after the grant to Anglian Water of any such facilities and rights as are referred to in sub-paragraphs (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.

(6) Regardless of anything in sub-paragraph (5), if Anglian Water gives notice in writing to the undertaker that it desires the undertaker to execute any work, or part of any work in connection with the construction or removal of apparatus in any land of the undertaker, or to the extent that Anglian Water fails to proceed with that work in accordance with sub-paragraph (5) or the undertaker and Anglian Water otherwise agree, that work, instead of being executed by Anglian Water, must be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of Anglian Water.

(7) Notice under sub-paragraph (6) that Anglian Water desires the undertaker to execute any work, or part of any work, must be given within 14 days of agreement under sub-paragraph (4) or, in default of agreement, within 14 days of the date of settlement by arbitration under sub-paragraph (4).

(8) If Anglian Water fails either reasonably to approve, or to provide reasons for its failure to approve along with an indication of what would be required to make acceptable, any proposed details relating to required removal works under sub-paragraph (2) within 28 days of receiving a notice of the required works from the undertaker, then such details are deemed to have been approved. For the avoidance of doubt, any such “deemed consent” does not extend to the actual undertaking of the removal works, which shall remain the sole responsibility of Anglian Water or its contractors.

(9) Whenever alternative apparatus is to be or is being substituted for existing apparatus, the undertaker shall, before taking or requiring any further step in such substitution works, use best endeavours to comply with Anglian Water’s reasonable requests for a reasonable period of time to enable Anglian Water to:

(a)make network contingency arrangements; or

(b)bring such matters as it may consider reasonably necessary to the attention of end users of the utility in question.

Facilities and rights for alternative apparatusE+W+S

41.—(1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to a utility undertaker facilities and rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities and rights are to be granted upon such terms and conditions as may be agreed between the undertaker and Anglian Water or in default of agreement settled by arbitration in accordance with article 52 (arbitration).

(2) If the facilities and rights to be afforded by the undertaker in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to Anglian Water than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator must make such provision for the payment of compensation by the undertaker to Anglian Water as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

(3) Such facilities and rights as are set out in this paragraph are deemed to include any statutory permits granted to the undertaker in respect of the apparatus in question, whether under the Environmental Permitting Regulations 2010 or other legislation.

Retained apparatusE+W+S

42.—(1) Not less than 28 days before starting the execution of any works in, on or under any land purchased, held, appropriated or used under this Order that are near to, or will or may affect, any apparatus (or any means of access to it) the removal of which has not been required by the undertaker under paragraph 40(2), the undertaker must submit to Anglian Water a plan of the works to be executed.

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

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

(4) If Anglian Water 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, sub-paragraphs (1) to (3) and (6) to (8) apply as if the removal of the apparatus had been required by the undertaker under paragraph 40(2).

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

(6) The undertaker is not required to comply with sub-paragraph (1) in a case of emergency but in that case must give to Anglian Water notice as soon as is reasonably practicable and a plan of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (3) in so far as is reasonably practicable in the circumstances and will keep the impact of those emergency works on Anglian Water’s apparatus, on the operation of its water and sewerage network and on end-users of the services Anglian Water provides to a minimum.

(7) For the purposes of sub-paragraph (1), works are deemed to be in land near Anglian Water’s apparatus (where it is a pipe) if those works fall within the following distances measured from the medial line of such apparatus:

(a)2.25 metres where the diameter of the pipe is less than 150 millimetres;

(b)3 metres where the diameter of the pipe is between 150 and 450 millimetres

(c)4.5 metres where the diameter of the pipe is between 451 and 750 millimetres; and

(d)6 metres where the diameter of the pipe exceeds 750 millimetres.

Expenses and costsE+W+S

43.—(1) Subject to the following provisions of this paragraph, the undertaker must repay to Anglian Water all expenses reasonably incurred by Anglian Water in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any such works as are referred to in this Part of the Schedule.

(2) There must be deducted from any sum payable under subparagraph (1) the value of any apparatus removed under the provisions of this Part of this Schedule that value being calculated after removal.

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

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

(b)apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated, and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 52 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to Anglian Water by virtue of sub-paragraph (1) must be reduced by the amount of that excess.

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

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

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

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

44.—(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any such works referred to in paragraphs 38 or 40(2), or by reason of any subsidence resulting from such development or works, any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of Anglian Water, or there is any interruption in any service provided, or in the supply of any goods, by Anglian Water, the undertaker must—

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

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

(2) The fact that any act or thing may have been done by Anglian Water on behalf of the undertaker or in accordance with a plan approved by Anglian Water or in accordance with any requirement of Anglian Water or under its supervision does not, subject to sub-paragraph (3), excuse the undertaker from liability under the provisions of sub-paragraph (1) unless Anglian Water fails to carry out and execute the works properly with due care and attention and in a skilful and professional like manner or in a manner that does not accord with the approved plan.

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

(4) Anglian Water must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise is to be made, without the consent of the undertaker (such consent not to be unreasonably withheld or delayed) who, if withholding such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

CooperationE+W+S

45.  Where in consequence of the proposed construction of any of the authorised development, the undertaker or Anglian Water requires the removal of apparatus under paragraph 40(2) or Anglian Water makes requirements for the protection or alteration of apparatus under sub-paragraph (9), the undertaker must use all reasonable endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe and efficient operation of Anglian Water’s undertaking and Anglian Water must use all reasonable endeavours to co-operate with the undertaker for that purpose.

46.  Where the undertaker identifies any apparatus which may belong to or be maintainable by Anglian Water but which does not appear on any statutory map kept for the purpose by Anglian Water, it shall inform Anglian Water of the existence and location of the apparatus as soon as reasonably practicable.

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

48.  Any time period in which an action must be taken in this part of the Schedule may be amended by written agreement between the undertaker and Anglian Water.

Articles 2 and 50

SCHEDULE 10E+W+SDOCUMENTS, ETC. TO BE CERTIFIED