
2020 No. 547
Infrastructure Planning
The Cleve Hill Solar Park Order 2020
Made 28th May 2020
Coming into force 19th June 2020
An application has been made to the Secretary of State for an Order
                            under section 37 of the Planning Act 2008 (“the 2008 Act”) ;The application was examined by the Examining Authority, which has
                            made a report to the Secretary of State under section 74(2) of the 2008
                            Act;The Examining Authority, having considered the application together
                            with the documents that accompanied it, and the representations made and
                            not withdrawn, has, in accordance with section 74 of the 2008 Act made a
                            report and recommendation to the Secretary of State;The Secretary of State has considered the report and recommendation of
                            the Examining Authority, has taken into account the environmental
                            information in accordance with regulation 4 of the Infrastructure
                            Planning (Environmental Impact Assessment) Regulations 2017  and has had regard to the documents and matters
                            referred to in section 105(2) of the 2008 Act;The Secretary of State, having decided the application, has determined
                            to make an Order giving effect to the proposals comprised in the
                            application on the terms that in the opinion of the Secretary of State
                            are not materially different from those proposed in the
                            application.The Secretary of State is satisfied that open space within the Order
                            land, when burdened with any new rights authorised for compulsory
                            acquisition under the terms of this Order, will be no less advantageous
                            than it was before such acquisition, to the persons whom it is vested,
                            other persons, if any, entitled to rights of common or other rights, and
                            the public, and that, accordingly, section 132(3) of the 2008 Act
                            applies.The Secretary of State, in exercise of the powers conferred by
                            sections 114, 120, 122 and 123 of the 2008 Act makes the following
                            Order—
PART 1 PRELIMINARY
Citation and commencement
1 
This Order may be cited as the Cleve Hill Solar Park Order and
                                comes into force on 19th June 2020
Interpretation
2 

(1) In this Order—
 “the 1961 Act” means the Land Compensation Act
                                                  1961 ;
 “the 1965 Act” means the Compulsory Purchase
                                                  Act 1965 ;
 “the 1980 Act” means the Highways Act
                                                  1980 ;
 “the 1981 Act” means the Compulsory Purchase
                                                  (Vesting Declarations) Act 1981 ;
 “the 1989 Act” means the Electricity Act
                                                  1989 ;
 “the 1990 Act” means the Town and Country
                                                  Planning Act 1990 ;
 “the 1991 Act” means the New Roads and Street
                                                  Works Act 1991 ;
 “the 2004 Act” means the Energy Act
                                                  2004 ;
 “the 2008 Act” means the Planning Act
                                                  2008 ;
 “the 2009 Act” means the Marine and Coastal
                                                  Access Act 2009 ;
 “authorised development” means the development
                                                  and associated development described in Part 1 of
                                                  Schedule 1;
 “the book of reference” means the book of
                                                  reference certified by the Secretary of State as
                                                  the book of reference for the purposes of the
                                                  Order under article 34 (certification of plans and
                                                  documents, etc.);
 “cable circuits” means an electrical conductor
                                                  necessary to transmit electricity between two
                                                  points within the authorised development and may
                                                  include one or more auxiliary cables for the
                                                  purpose of gathering monitoring data;
 “cable systems” means an electrical conductor
                                                  comprising a single 400 kilovolt circuit with
                                                  three conducting cores or similar equivalent
                                                  design;
 “CCTV” means a closed circuit television
                                                  security system;
 “commence”, means, (a) in relation to works
                                                  seaward of MHWS, the first carrying out of any
                                                  licensed marine activities authorised by the
                                                  deemed marine licence, save for pre-construction
                                                  monitoring surveys approved under the deemed
                                                  marine licence and (b) in respect of any other
                                                  works comprised in the authorised development,
                                                  save for site preparation works, the first
                                                  carrying out of any material operation (as defined
                                                  in section 155 of the 2008 Act) forming part of
                                                  the authorised development and the words
                                                   “commencement” and  “commenced” must be construed
                                                  accordingly;
 “construction compound” means a compound
                                                  including central offices, welfare facilities,
                                                  accommodation facilities, and storage for
                                                  construction of the authorised development;
 “energy storage” means equipment used for the
                                                  storage of electrical energy;
 “environmental statement” means the document
                                                  certified as the environmental statement by the
                                                  Secretary of State for the purposes of this Order
                                                  under article 34 (certification of plans and
                                                  documents, etc.) as supplemented by the documents
                                                  set out in Schedule 10;
 “existing access road” means the existing
                                                  access road between the existing substation and
                                                  Seasalter Road;
 “existing flood defence” means the existing
                                                  bund and integrated infrastructure located beneath
                                                  the path known as the Saxon Shore Way and on the
                                                  north and west boundaries of the authorised
                                                  development in Work No. 9;
 “existing overhead line” means an 11kilovolt
                                                  overhead line owned and operated by UK Power
                                                  Networks plc located to the south west of Cleve
                                                  Hill within the Order limits;
 “existing substation” means the existing
                                                  substation at Cleve Hill Faversham ME13 9EF owned
                                                  and operated by National Grid Electricity
                                                  Transmission plc;
 “highway” and  “highway authority” have the
                                                  same meaning as in the 1980 Act ;
 “inverter” means electrical equipment fitted
                                                  to mounting structures required to convert direct
                                                  current power generated by the solar modules to
                                                  alternating current;
 “land plan” means the plan or plans certified
                                                  as the land plan or plans by the Secretary of
                                                  State for the purposes of this Order under article
                                                  34 (certification of plans and documents,
                                                  etc.);
 “the location, order limits and grid
                                                  coordinates plan” means the plan certified as the
                                                  location, order limits and grid coordinates plan
                                                  by the Secretary of State for the purposes of this
                                                  Order under article 34 (certification of plans and
                                                  documents, etc.);
 “maintain” includes inspect, upkeep, repair,
                                                  adjust, alter, remove, reconstruct and replace to
                                                  the extent assessed in the environmental
                                                  statement; and  “maintenance” must be construed
                                                  accordingly;
 “MHWS” means the highest level which spring
                                                  tides reach on average over a period of
                                                  time;
 “MMO” means the Marine Management
                                                  Organisation, Lancaster House. Hampshire Court.
                                                  Newcastle upon Tyne, NE4 7YH;
 “mounting structure” means a frame or rack
                                                  made of galvanised steel or other material
                                                  designed to support the solar modules and
                                                  inverters and mounted in piles driven into the
                                                  ground;
 “the Order land” means the land shown on the
                                                  land plans which is within the limits of land to
                                                  be acquired or used and described in the book of
                                                  reference;
 “the Order limits” means the limits shown on
                                                  the land plans and works plan within which the
                                                  authorised development may be carried out and land
                                                  acquired or used;
 “outline battery safety management plan” means
                                                  the document certified as the outline battery
                                                  safety management plan by the Secretary of State
                                                  for the purposes of this Order under article 34
                                                  (certification of plans and documents, etc.) and
                                                  which sets out the battery safety management
                                                  principles to be included in the battery safety
                                                  management plan pursuant to Requirement 3 of
                                                  Schedule 1, Part 2;
 “outline construction environmental management
                                                  plan” means the document certified as the outline
                                                  construction environmental management plan by the
                                                  Secretary of State for the purposes of this Order
                                                  under article 34 (certification of plans and
                                                  documents, etc.);
 “outline decommissioning and restoration plan”
                                                  means the document certified as the outline
                                                  decommissioning and restoration plan by the
                                                  Secretary of State for the purposes of this Order
                                                  under article 34 (certification of plans and
                                                  documents, etc.);
 “outline design principles” means the document
                                                  certified as the outline design principles by the
                                                  Secretary of State for the purposes of this Order
                                                  under article 34 (certification of plans and
                                                  documents, etc.);
 “outline ecological management plan” means the
                                                  document certified as the outline ecological
                                                  management plan by the Secretary of State for the
                                                  purposes of this Order under article
                                                  34 (certification of
                                                  plans and documents, etc.);
 “outline landscape and biodiversity management
                                                  plan” means the document certified as the outline
                                                  landscape and biodiversity management plan by the
                                                  Secretary of State for the purposes of this Order
                                                  under article  (certification of plans and
                                                  documents, etc.);
 “outline skills, supply chain and employment
                                                  plan” means the document certified as the outline
                                                  skills, supply chain and employment plan by the
                                                  Secretary of State for the purposes of this Order
                                                  under article 34 (certification of plans and
                                                  documents, etc.);
 “outline special protection area construction
                                                  noise management plan” means the document
                                                  certified as the outline special protection area
                                                  construction noise management plan by the
                                                  Secretary of State for the purposes of this Order
                                                  under article 34 (certification of plans and
                                                  documents, etc.);
 “outline written scheme of investigation”
                                                  means the document certified as the outline
                                                  written scheme of investigation by the Secretary
                                                  of State for the purposes of this Order under
                                                  article 34 (certification of plans and documents,
                                                  etc.);
 “permissive paths” means new access tracks
                                                  providing restricted public access within the
                                                  Order limits along the route shown on the rights
                                                  of way plan;
 “relevant planning authority” means the
                                                  planning authority for the area to which the
                                                  provision relates;
 “requirements” means those matters set out in
                                                  Part 2 of Schedule 1 (requirements) to this
                                                  Order;
 “rights of way plan” means the plan certified
                                                  as the rights of way plan by the Secretary of
                                                  State for the purposes of this Order under article
                                                  34 (certification of plans and documents,
                                                  etc.);
 “site preparation works” means operations
                                                  consisting of pre-construction surveys and/or
                                                  monitoring, site clearance, demolition work,
                                                  archaeological investigations, environmental
                                                  surveys, investigations for the purpose of
                                                  assessing ground conditions, remedial work in
                                                  respect of any contamination or other adverse
                                                  ground conditions, diversion and laying of
                                                  services, erection of any temporary means of
                                                  enclosure, the temporary display of site notices
                                                  or advertisements;
 “solar module” means a solar photovoltaic
                                                  panel designed to convert solar irradiance to
                                                  electrical energy fitted to mounting
                                                  structures;
 “street” means a street within the meaning of
                                                  section 48 of the 1991 Act, together with land on
                                                  the verge of a street or between two carriageways,
                                                  and includes part of a street;
 “streets and access plan” means the plan
                                                  certified as the streets and access plan by the
                                                  Secretary of State for the purposes of this Order
                                                  under article 34 (certification of plans and
                                                  documents, etc.);
 “street authority”, in relation to a street,
                                                  has the same meaning as in Part 3 of the 1991
                                                  Act ;
 “substation” means a compound, containing
                                                  electrical equipment required to switch,
                                                  transform, convert electricity and provide
                                                  reactive power compensation, with welfare
                                                  facilities, external landscaping and means of
                                                  access;
 “transformer” means a structure containing
                                                  electrical switch gear serving to transform
                                                  electricity generated by the solar modules to a
                                                  higher voltage;
 “undertaker” means Cleve Hill Solar Park
                                                  Limited (company number 08904850);
 “watercourse” has the meaning given in the
                                                  Land Drainage Act 1991 ;
                                                  and
 “works plan” means the plan certified as the
                                                  works plan by the Secretary of State for the
                                                  purposes of the Order under article 34
                                                  (certification of plans and documents,
                                                  etc.).
(2) References in this Order to rights over land include
                                        references to rights to do or restrain or to place and
                                        maintain, anything in, on or under land or in the air-space
                                        above its surface and references in this Order to the
                                        imposition of restrictive covenants are references to the
                                        creation of rights over the land which interfere with the
                                        interests or rights of another and are for the benefit of
                                        land which is acquired under this Order or which is an
                                        interest otherwise comprised in the  Order land.
(3) All distances, directions, capacities and lengths referred
                                        to in this Order are approximate and distances between
                                        points on a work comprised in the authorised development are
                                        to be taken to be measured along that work.
(4) Any reference in this Order to a work identified by the
                                        number of the work is to be construed as a reference to the
                                        work of that number authorised by this Order.
(5) Unless otherwise stated, references in this Order to
                                        points identified by letters are to be construed as
                                        references to the points so lettered on the works
                                        plan.
(6) The expression  “includes” is to be construed without
                                        limitation unless the contrary intention appears.
PART 2 PRINCIPAL POWERS
Development consent etc. granted by this Order
3 

(1) Subject to the provisions of this Order and the
                                        requirements the undertaker is granted development consent
                                        for the authorised development to be carried out within the
                                        Order limits.
(2) Each numbered work must be situated within the
                                        corresponding numbered area shown on the works plan.
Power to maintain authorised development
4 

(1) The undertaker may at any time maintain the authorised
                                        development, except to the extent that this Order or an
                                        agreement made under this Order provides otherwise.
(2) The power to maintain conferred under paragraph
                                            (1) does not
                                        relieve the undertaker of any requirement to obtain any
                                        further licence under Part 4 (marine licensing) of the 2009
                                        Act for offshore works not covered by the deemed marine
                                        licence.
(3) This article only authorises the carrying out of
                                        maintenance works within the Order limits.
Consent to transfer benefit of Order
5 

(1) Except as otherwise provided in this Order, the provisions
                                        of this Order have effect solely for the benefit of the
                                        undertaker.
(2) Subject to paragraph (4), the undertaker may with the
                                        written consent of the Secretary of State—
(a) transfer to another person (“the transferee”) any
                                                or all of the benefit of the provisions of this
                                                Order (including the deemed marine licence, in whole
                                                or in part) and such related statutory rights as may
                                                be agreed between the undertaker and the transferee;
                                                and
(b) grant to another person (“the lessee”) for a
                                                period agreed between the undertaker and the lessee
                                                any or all of the benefit of the provisions of this
                                                Order (including the deemed marine licences, in
                                                whole or in part) and such related statutory rights
                                                as may be so agreed,
except where paragraph (7) applies, in which case no
                                        consent of the Secretary of State is required.
(3) Where an agreement has been made in accordance with
                                        paragraph (2) references in this Order to the undertaker,
                                        except in paragraphs (6) and (8), are to include references
                                        to the transferee or lessee.
(4) The undertaker must consult the Secretary of State before
                                        making an application for consent under this article by
                                        giving notice in writing of the proposed application.
(5) The Secretary of State must consult the MMO before giving
                                        consent to the transfer or grant to another person of the
                                        whole or part of the benefit of the provisions of the deemed
                                        marine licence.
(6) Where the undertaker has transferred any benefit, or for
                                        the duration of any period during which the undertaker has
                                        granted any benefit, under paragraph (2)—
(a) the benefit transferred or granted (“the
                                                transferred benefit”) must include any rights that
                                                are conferred, and any obligations that are imposed,
                                                by virtue of the provisions to which the benefit
                                                relates;
(b) the transferred benefit will reside exclusively
                                                with the transferee or, as the case may be, the
                                                lessee and the transferred benefit will not be
                                                enforceable against the undertaker; and
(c) the exercise by a person of any benefits or rights
                                                conferred in accordance with any transfer or grant
                                                under paragraph (2) is subject to the same
                                                restrictions, liabilities and obligations as would
                                                apply under this Order if those benefits or rights
                                                were exercised by the undertaker.
(7) This paragraph applies to any provisions of this Order and
                                        its related statutory rights where—
(a) the transferee or lessee is the holder of a
                                                licence under section 6 (licences authorising supply
                                                etc) of the 1989 Act; or
(b) the time limits for claims for compensation in
                                                respect of the acquisition of land or effects upon
                                                land under this Order have elapsed and—
(i) no such claims have been made;
(ii) any such claim has been made and has been
                                                  compromised or withdrawn;
(iii) compensation has been paid in final
                                                  settlement of any such claim;
(iv) payment of compensation into court has taken
                                                  place in lieu of settlement of any such claim;
                                                  or
(v) it has been determined by a tribunal or
                                                  court of competent jurisdiction in respect of any
                                                  such claim that no compensation will be
                                                  payable.
(8) Prior to any transfer or grant under this article taking
                                        effect the undertaker must give notice in writing to the
                                        Secretary of State and National Grid Electricity
                                        Transmission PLC, and if such transfer or grant relates to
                                        the exercise of powers in their area, to the MMO and the
                                        relevant planning authority.
(9) The notice required under paragraphs  and (8) must—
(a) state—
(i) the name and contact details of the person
                                                  to whom the benefit of the provisions will be
                                                  transferred or granted;
(ii) subject to paragraph (10), the date on which
                                                  the transfer will take effect;
(iii) the provisions to be transferred or
                                                  granted;
(iv) the restrictions, liabilities and
                                                  obligations that, in accordance with paragraph
                                                  (6)(c), will apply to the person exercising the
                                                  powers transferred or granted; and
(v) where paragraph (7) does not apply,
                                                  confirmation of the availability and adequacy of
                                                  funds for compensation associated with the
                                                  compulsory acquisition of the Order land;
                                                  and
(b) be accompanied by—
(i) where relevant, a plan showing the works or
                                                  areas to which the transfer or grant relates;
                                                  and
(ii) a copy of the document effecting the
                                                  transfer or grant signed by the undertaker and the
                                                  person to whom the benefit of the powers will be
                                                  transferred or granted.
(10) The date specified under paragraph (9)(a)(ii) in respect
                                        of a notice served in respect of paragraph (8) must not be
                                        earlier than the expiry of five days from the date of the
                                        receipt of the notice.
(11) The notice given under paragraph (8) must be signed by the
                                        undertaker and the person to whom the benefit of the powers
                                        will be transferred or granted as specified in that
                                        notice.
(12) Sections 72(7) and (8) (variation, suspension, reservation
                                        and transfer) of the 2009 Act do not apply to a transfer or
                                        grant of the whole or part of the benefit of the provisions
                                        of the deemed marine licences to another person by the
                                        undertaker pursuant to an agreement under  paragraph (2).
(13) The provisions of articles 8 (street works), 10 (temporary
                                        stopping up of streets), 16 (compulsory acquisition of
                                        land), 18 (compulsory acquisition of rights), 24 (temporary
                                        use of land for carrying out the authorised development) and
                                             (temporary
                                        use of land for maintaining the authorised development) are
                                        to have effect only for the benefit of the named undertaker
                                        and a person who is a transferee or lessee who is
                                        also—
(a) in respect of Work Nos. 1 to 9 a person who holds
                                                a licence under the 1989 Act; or
(b) in respect of functions under  Article 8 (street works)  relating to street, a street
                                                authority.
Application and modification of legislative provisions
6 
The provisions of the Neighbourhood Planning Act 2017  insofar as they relate to temporary possession of
                                land under articles 24 (temporary use of land for carrying out the
                                authorised development) and 25 (temporary use of land for
                                maintaining the authorised development) of this Order do not apply
                                in relation to the construction of any work or the carrying out of
                                any operation required for the purpose of, or in connection with,
                                the construction, operation or maintenance of any part of the
                                authorised development.
Defence to proceedings in respect of statutory nuisance
7 

(1) Where proceedings are brought under section 82(1) (summary
                                        proceedings by a person aggrieved by statutory nuisance) of
                                        the Environmental Protection Act 1990 in relation to a nuisance falling within
                                        paragraph (g) of section 79(1) (noise emitted from premises
                                        so as to be prejudicial to health or a nuisance) of that Act
                                        no order may be made, and no fine may be imposed, under
                                        section 82(2) of that Act if—
(a) the defendant shows that the nuisance—
(i) relates to premises used by the undertaker
                                                  for the purposes of or in connection with the
                                                  construction or maintenance of the authorised
                                                  development and that the nuisance is attributable
                                                  to the carrying out of the authorised development
                                                  in accordance with a notice served under section
                                                  60 (control of noise on construction site), or a
                                                  consent given under section 61 (prior consent for
                                                  work on construction site) or 65 (noise exceeding
                                                  registered level), of the Control of Pollution Act
                                                  1974 ; or
(ii) is a consequence of the construction or
                                                  maintenance of the authorised development and that
                                                  it cannot reasonably be avoided; or
(b) the defendant shows that the nuisance  is a consequence of the use of the authorised
                                                development and that it cannot reasonably be
                                                avoided.
(2) Section 61(9) (consent for work on construction site to
                                        include statement that it does not of itself constitute a
                                        defence to proceedings under section 82 of the Environmental
                                        Protection Act 1990) of the Control of Pollution Act 1974
                                        and section 65(8) of that Act (corresponding provision in
                                        relation to consent for registered noise level to be
                                        exceed), do not apply where the consent relates to the use
                                        of premises by the undertaker for purposes of, or, in
                                        connection with, the construction or maintenance of the
                                        authorised development.
PART 3 STREETS
Street works
8 

(1) The undertaker may, for the purposes of the authorised
                                        development, enter on so much of any of the streets
                                        specified in Schedule 2 (Streets subject to street works) as
                                        is within the Order limits and may—
(a) break up or open the street, or any sewer, drain
                                                or tunnel under it;
(b) drill, tunnel or bore under the street;
(c) place and keep apparatus under the street;
(d) maintain apparatus in the street, change its
                                                position or remove it;
(e) repair, replace or otherwise alter the surface or
                                                structure of it; and
(f) execute any works required for or incidental to
                                                any works referred to in sub-paragraphs
                                                   to
                                                  .
(2) The authority given by paragraph (1) is a statutory right for
                                        the purposes of sections 48(3) (streets, street works and
                                        undertakers) and 51(1) (prohibition of unauthorised street
                                        works) of the 1991 Act.
(3) In this article  “apparatus” has the same meaning as in
                                        Part 3 of the 1991 Act.
Application of the 1991 Act
9 

(1) The provisions of the 1991 Act mentioned in paragraph
                                             that apply
                                        in relation to the carrying out of street works under that
                                        Act and any regulations made or code of practice issued or
                                        approved under those provisions apply (with all necessary
                                        modifications) in relation to—
(a) the carrying out of works under article 0 (street
                                                works); and
(b) the temporary stopping up, temporary alteration or
                                                temporary diversion of a street by the undertaker
                                                under article 11 (temporary stopping up of
                                                streets),
whether or not the carrying out of the works or the
                                        stopping up, alteration or diversion constitutes street
                                        works within the meaning of that Act.
(2) The provisions of the 1991 Act 
                                        are—
(a) subject to paragraph , section 55 (notice of
                                                starting date of works);
(b) section 57 (notice of emergency works);
(c) section 60 (general duty of undertakers to
                                                co-operate);
(d) section 68 (facilities to be afforded to street
                                                authority);
(e) section 69 (works likely to affect other apparatus
                                                in the street);
(f) section 76 (liability for cost of temporary
                                                traffic regulation);
(g) section 77 (liability for cost of use of
                                                alternative route); and
(h) all provisions of that Act that apply for the
                                                purposes of the provisions referred to in
                                                sub-paragraphs  to .
(3) Section 55 of the 1991 Act as applied by paragraph
                                             has effect
                                        as if references in section 57 of that Act to emergency
                                        works included a reference to a stopping up, alteration or
                                        diversion (as the case may be) required in a case of
                                        emergency.
Temporary stopping up of streets
10 

(1) The undertaker, during and for the purposes of carrying
                                        out the authorised development, may temporarily stop up,
                                        alter or divert any street and may for any reasonable
                                        time—
(a) divert the traffic or a class of traffic from the
                                                street; and
(b) subject to paragraph , prevent all persons from
                                                passing along the street.
(2) Without limiting paragraph (1), the undertaker may use any street
                                        temporarily stopped up under the powers conferred by this
                                        article within the Order limits as a temporary working
                                        site.
(3) The undertaker must provide reasonable access for
                                        pedestrians going to or from premises abutting a street
                                        affected by the temporary stopping up, alteration or
                                        diversion of a street under this article if there would
                                        otherwise be no such access.
(4) Without limiting paragraph (1), the undertaker may temporarily stop
                                        up, alter or divert the streets set out in column (2) of
                                        Schedule 3 (streets to be temporarily stopped up) to the
                                        extent specified, by reference to the letters and numbers
                                        shown on the streets and access plan, in column (3) of that
                                        Schedule.
(5) The undertaker must not temporarily stop up, alter, divert
                                        or use as a temporary working site—
(a) any street referred to in paragraph  without first
                                                consulting the street authority; and
(b) any other street without the consent of the street
                                                authority, which may attach reasonable conditions to
                                                the consent.
(6) Any person who suffers loss by the suspension of any
                                        private right of way under this article is entitled to
                                        compensation to be determined, in case of dispute, under
                                        Part 1 (determination of questions of disputed compensation)
                                        of the 1961 Act.
(7) If a street authority fails to notify the undertaker of
                                        its decision within 28 days of receiving an application for
                                        consent under paragraph  that street authority is deemed
                                        to have granted consent.
Temporary stopping up of public rights of way
11 
The undertaker may, in connection with the carrying out of the
                                authorised development, temporarily stop up each of the public
                                rights of way specified in column (2) of Schedule 4 (public rights
                                of way to be temporarily stopped up) to the extent specified in
                                column (3), by reference to the letters shown on the rights of way
                                plan.
Agreements with street authorities
12 

(1) A street authority and the undertaker may enter into
                                        agreements with respect to—
(a) any temporary stopping up, alteration or diversion
                                                of a street authorised by this Order; or
(b) the carrying out in the street of any of the works
                                                referred to in article 8(1) (street works).
(2) Such agreement may, without prejudice to the generality of
                                        paragraph (1)—
(a) make provision for the street authority to carry
                                                out any function under this Order which relates to
                                                the street in question;
(b) include an agreement between the undertaker and
                                                street authority specifying a reasonable time for
                                                the completion of the works; and
(c) contain such terms as to payment and otherwise as
                                                the parties consider appropriate.
PART 4 SUPPLEMENTAL POWERS
Discharge of water
13 

(1) The undertaker may use any watercourse or any public sewer
                                        or drain for the drainage of water in connection with the
                                        carrying out or maintenance of the authorised development
                                        and for that purpose may lay down, take up and alter pipes
                                        and may, on any land within the Order limits, make openings
                                        into, and connections with, the watercourse, public sewer or
                                        drain subject to the obtaining of consent and approval
                                        respectively pursuant to paragraphs  and  below.
(2) Any dispute arising from the making of connections to or
                                        the use of a public sewer or drain by the undertaker
                                        pursuant to paragraph (1) is determined as if it were a
                                        dispute under section 106 (right to communicate with public
                                        sewers)of the Water Industry Act 1991  (right to communicate with public
                                        sewers).
(3) The undertaker must not discharge any water into any
                                        watercourse, public sewer or drain except with the consent
                                        of the person to whom it belongs; and such consent may be
                                        given subject to such terms and conditions as that person
                                        may reasonably impose, but must not be unreasonably
                                        withheld.
(4) The undertaker must not carry out any works to or make any
                                        opening into any public sewer or drain pursuant to article
                                        13(1) except—
(a) in accordance with plans approved by the person to
                                                whom the sewer or drain belongs, but such approval
                                                must not be unreasonably withheld; and
(b) where that person has been given the opportunity
                                                to supervise the making of the opening.
(5) The undertaker must not, in carrying out or maintaining
                                        works pursuant to this article damage or interfere with the
                                        bed or banks of any watercourse forming part of a main
                                        river.
(6) The undertaker must take such steps as are reasonably
                                        practicable to secure that any water discharged into a
                                        watercourse or public sewer or drain pursuant to this
                                        article is as free as may be practicable from gravel, soil
                                        or other solid substance, oil or matter in
                                        suspension.
(7) This article does not authorise the entry into controlled
                                        waters of any matter whose entry or discharge into
                                        controlled waters is prohibited by regulation 12
                                        (requirement for environmental permit) of the Environmental
                                        Permitting (England and Wales) Regulations 2016 .
(8) In this article—
(a) “public sewer or drain” means a sewer or drain
                                                which belongs to a sewerage undertaker, the
                                                Environment Agency, an internal drainage board or a
                                                local authority; and
(b) other expressions, excluding watercourse, used
                                                both in this article and in the Environmental
                                                Permitting (England and Wales) Regulations 2016 have
                                                the same meaning as in those Regulations.
(9) If a person who receives an application for consent or
                                        approval fails to notify the undertaker of a decision within
                                        28 days of receiving an application for consent under
                                        paragraph  or
                                        approval under paragraph  that person is deemed to have
                                        granted consent or given approval, as the case may
                                        be.
Protective work to buildings
14 

(1) Subject to the following provisions of this article, the
                                        undertaker may at its own expense carry out such protective
                                        works to any building located within the Order limits as the
                                        undertaker considers necessary or expedient.
(2) Protective works may be carried out—
(a) at any time before or during the construction of
                                                any part of the authorised development in the
                                                vicinity of the building; or
(b) after the completion of that part of the
                                                authorised development in the vicinity of the
                                                building at any time up to the end of the period of
                                                five years beginning with the day on which that part
                                                of the authorised development is first opened for
                                                use.
(3) For the purpose of determining how the powers under this
                                        article are to be exercised, the undertaker may enter and
                                        survey any building falling within paragraph (1) and any land within its
                                        curtilage.
(4) For the purpose of carrying out protective works under
                                        this article to a building, the undertaker may (subject to
                                        paragraphs  and
                                            )—
(a) enter the building and any land within its
                                                curtilage; and
(b) where the works cannot be carried out reasonably
                                                conveniently without entering land that is adjacent
                                                to the building but outside its curtilage, enter the
                                                adjacent land (but not any building erected on it)
                                                within the Order limits.
(5) Before exercising—
(a) a power under paragraph (1) to carry out protective works
                                                to a building;
(b) a power under paragraph  to enter a building and land
                                                within its curtilage;
(c) a power under paragraph  to enter a building and
                                                land within its curtilage; or
(d) a power under paragraph  to enter land,
the undertaker must, except in the case of emergency,
                                        serve on the owners and occupiers of the building or land
                                        not less than 14 days' notice of its intention to exercise
                                        the power and, in a case falling within sub-paragraph
                                            ,
                                            ,
                                        specifying the protective works proposed to be carried
                                        out.
(6) Where a notice is served under paragraph ,  or , the owner or occupier
                                        of the building or land concerned may, by serving a
                                        counter-notice within the period of 10 days beginning with
                                        the day on which the notice was served, require the question
                                        of whether it is necessary or expedient to carry out the
                                        protective works or to enter the building or land to be
                                        referred to arbitration under article 35
                                        (arbitration).
(7) The undertaker must compensate the owners and occupiers of
                                        any building or land in relation to which powers under this
                                        article have been exercised for any loss or damage arising
                                        to them by reason of the exercise of the powers.
(8) Where—
(a) protective works are carried out under this
                                                article to a building; and
(b) within the period of five years beginning with the
                                                day on which the part of the authorised development
                                                carried out in the vicinity of the building is first
                                                opened for use it appears that the protective works
                                                are inadequate to protect the building against
                                                damage caused by the construction, operation or
                                                maintenance of that part of the authorised
                                                development,
the undertaker must compensate the owners and occupiers of
                                        the building for any loss or damage sustained by
                                        them.
(9) Nothing in this article relieves the undertaker from any
                                        liability to pay compensation under section 152
                                        (compensation in case where no right to claim in nuisance)
                                        of the 2008 Act.
(10) Any compensation payable under paragraph  or  must be determined, in
                                        case of dispute, under Part 1 (determination of questions of
                                        disputed compensation) of the 1961 Act.
(11) In this article  “protective works”, in relation to a
                                        building, means—
(a) underpinning, strengthening and any other works
                                                the purpose of which is to prevent damage that may
                                                be caused to the building by the construction,
                                                operation, maintenance or use of the authorised
                                                development; and
(b) any works the purpose of which is to remedy any
                                                damage that has been caused to the building by the
                                                construction, operation, maintenance or use of the
                                                authorised development.
Authority to survey and investigate the land
15 

(1) The undertaker may for the purposes of this Order enter on
                                        any land shown within the Order limits or which may be
                                        affected by the authorised development and—
(a) survey or investigate the land;
(b) without prejudice to the generality of
                                                sub-paragraph , make trial holes in such
                                                positions on the land as the undertaker thinks fit
                                                to investigate the nature of the surface layer and
                                                subsoil and remove soil samples;
(c) without prejudice to the generality of
                                                sub-paragraph , carry out ecological or
                                                archaeological investigations on such land;
                                                and
(d) place on, leave on and remove from the land
                                                apparatus for use in connection with the survey and
                                                investigation of land and making of trial
                                                holes.
(2) No land may be entered or equipment placed or left on or
                                        removed from the land under paragraph (1) unless at least 14 days'
                                        notice has been served on every owner and occupier of the
                                        land.
(3) Any person entering land under this article on behalf of
                                        the undertaker—
(a) must, if so required on entering the land, produce
                                                written evidence of their authority to do so;
                                                and
(b) may take with them such vehicles and equipment as
                                                are necessary to carry out the survey or
                                                investigation or to make the trial holes.
(4) No trial holes may be made under this article—
(a) in land held by or in right of the Crown without
                                                the consent of the Crown;
(b) in land located within the highway boundary
                                                without the consent of the highway authority;
                                                or
(c) in a private street without the consent of the
                                                street authority,
but such consent must not be unreasonably withheld.
(5) The undertaker must compensate the owners and occupiers of
                                        the land for any loss or damage arising by reason of the
                                        exercise of the authority conferred by this article, such
                                        compensation to be determined, in case of dispute, under
                                        Part 1 (determination of questions of disputed compensation)
                                        of the 1961 Act.
(6) If either a highway authority or a street authority which
                                        receives an application for consent fails to notify the
                                        undertaker of its decision within 28 days of receiving the
                                        application for consent—
(a) under paragraph  in the case of a highway
                                                authority; or
(b) under paragraph  in the case of a street
                                                authority,
that authority is deemed to have granted consent.
(7) Section 13 (refusal to give possession to acquiring
                                        authority) of the 1965 Act applies to the entry onto, or
                                        possession of land under this article to the same extent as
                                        it applies to the compulsory acquisition of land under this
                                        Order by virtue of section 125 (application of compulsory
                                        acquisition provisions) of the 2008 Act.
PART 5 POWERS OF ACQUISITION
Compulsory acquisition of land
16 

(1) The undertaker may acquire compulsorily so much of the
                                        Order land as is required for the authorised development or
                                        to facilitate, or is incidental, to it.
(2) This article is subject to paragraph  of article
                                        18 (compulsory acquisition of rights) and article 24
                                        (temporary use of land for carrying out the authorised
                                        development).
Time limit for exercise of authority to acquire land compulsorily
17 

(1) After the end of the period of 5 years beginning on the
                                        day on which this Order is made—
(a) no notice to treat is to be served under Part 1
                                                (compulsory purchase under Acquisition of Land Act
                                                1946) of the 1965 Act; and
(b) no declaration is to be executed under section 4
                                                (execution of declaration) of the 1981 Act as
                                                applied by article 20 (application of the 1981
                                                Act).
(2) The authority conferred by article 24 (temporary use of
                                        land for carrying out the authorised development) ceases at
                                        the end of the period referred to in paragraph (1), except that nothing in
                                        this paragraph prevents the undertaker remaining in
                                        possession of land after the end of that period, if the land
                                        was entered and possession was taken before the end of that
                                        period.
Compulsory acquisition of rights
18 

(1) Subject to paragraph , the undertaker may
                                        acquire compulsorily such rights or impose restrictive
                                        covenants over the Order land as may be required for any
                                        purpose for which that land may be acquired under article 16
                                        (compulsory acquisition of land), by creating them as well
                                        as by acquiring rights already in existence.
(2) Subject to the provisions of this paragraph, article 19
                                        (private rights) and article 26 (statutory undertakers), in
                                        the case of the Order land specified in column (1) of
                                        Schedule 5 (land in which only new rights etc. may be
                                        acquired) the undertaker's powers of compulsory acquisition
                                        are limited to the acquisition of such new rights and the
                                        imposition of restrictive covenants for the purpose
                                        specified in relation to that land in column (2) of that
                                        Schedule.
(3) Subject to section 8 (other provisions as to divided land)
                                        and Schedule 2A (counter-notice requiring purchase of land)
                                        of the 1965 Act (as substituted by paragraph  of Schedule 6
                                        (modification of compensation and compulsory purchase
                                        enactments for the creation of new rights and imposition of
                                        new restrictive covenants), where the undertaker creates or
                                        acquires an existing right over land or the benefit of a
                                        restrictive covenant under paragraph (1) or (2), the
                                        undertaker is not required to acquire a greater interest in
                                        that land.
(4) Schedule 6 (modification of compensation and compulsory
                                        purchase enactments for creation of new rights and
                                        imposition of new restrictive covenants) has effect for the
                                        purpose of modifying the enactments relating to compensation
                                        and the provisions of the 1965 Act in their application in
                                        relation to the compulsory acquisition under this article of
                                        a right over land by the creation of a new right or the
                                        imposition of restrictive covenants.
(5) In any case where the acquisition of new rights or
                                        imposition of a restriction under paragraph (1) or  is required
                                        for the purpose of diverting, replacing or protecting
                                        apparatus of a statutory undertaker, the undertaker may,
                                        with the consent of the Secretary of State, transfer the
                                        power to acquire such rights to the statutory undertaker in
                                        question.
(6) The exercise by a statutory undertaker of any power in
                                        accordance with a transfer under paragraph  is subject to the same
                                        restrictions, liabilities and obligations as would apply
                                        under this Order if that power were exercised by the
                                        undertaker.
Private rights
19 

(1) Subject to the provisions of this article, all private
                                        rights or restrictive covenants over land subject to
                                        compulsory acquisition under article 16 (compulsory
                                        acquisition of land) cease to have effect in so far as their
                                        continuance would be inconsistent with the exercise of the
                                        powers under article 16 (compulsory acquisition of
                                        land)—
(a) as from the date of acquisition of the land by the
                                                undertaker, whether compulsorily or by agreement;
                                                or
(b) on the date of entry on the land by the undertaker
                                                under section 11(1) (power of entry) of the 1965
                                                Act,
whichever is the earliest.
(2) Subject to the provisions of this article, all private
                                        rights or restrictive covenants over land subject to the
                                        compulsory acquisition of rights or the imposition of
                                        restrictive covenants under article 18 (compulsory
                                        acquisition of rights) cease to have effect in so far as
                                        their continuance would be inconsistent with the exercise of
                                        the right or compliance with the restrictive
                                        covenant—
(a) as from the date of the acquisition of the right
                                                or the imposition of the restrictive covenant by the
                                                undertaker (whether the right is acquired
                                                compulsorily, by agreement or through the grant of
                                                lease of the land by agreement); or
(b) on the date of entry on the land by the undertaker
                                                under section 11(1) of the 1965 Act (power of entry)
                                                in pursuance of the right,
whichever is the earliest.
(3) Subject to the provisions of this article, all private
                                        rights or restrictive covenants over land of which the
                                        undertaker takes temporary possession under this Order are
                                        suspended and unenforceable, in so far as their continuance
                                        would be inconsistent with the purpose for which temporary
                                        possession is taken, for as long as the undertaker remains
                                        in lawful possession of the land.
(4) Any person who suffers loss by the extinguishment or
                                        suspension of any private right or restrictive covenant
                                        under this article is entitled to compensation in accordance
                                        with the terms of section 152 of the 2008 Act to be
                                        determined, in case of dispute, under Part 1 of the 1961
                                        Act.
(5) This article does not apply in relation to any right to
                                        which section 138 (extinguishment of rights, and removal of
                                        apparatus, of statutory undertakers etc.) of the 2008 Act or
                                        article 26 (statutory undertakers) applies.
(6) Paragraphs (1)
                                        to  have effect
                                        subject to—
(a) any notice given by the undertaker before—
(i) the completion of the acquisition of the
                                                  land or the acquisition of rights or the
                                                  imposition of restrictive covenants over or
                                                  affecting the land;
(ii) the undertaker's appropriation of the
                                                  land;
(iii) the undertaker's entry onto the land;
                                                  or
(iv) the undertaker's taking temporary possession
                                                  of the land,
that any or all of those paragraphs do not apply
                                                to any right specified in the notice; or
(b) any agreement made at any time between the
                                                undertaker and the person in or to whom the right in
                                                question is vested or belongs.
(7) If an agreement referred to in paragraph —
(a) is made with a person in or to whom the right is
                                                vested or belongs; and
(b) is expressed to have effect also for the benefit
                                                of those deriving title from or under that
                                                person,
the agreement is effective in respect of the persons so
                                        deriving title, whether the title was derived before or
                                        after the making of the agreement.
(8) Reference in this article to private rights over land
                                        includes reference to any trusts or incidents to which the
                                        land is subject.
Application of the 1981 Act
20 

(1) The 1981 Act applies as if this Order were a compulsory
                                        purchase order.
(2) The 1981 Act, as applied by paragraph (1), has effect with the
                                        following modifications.
(3) In section 1 (application of Act), for subsection 2
                                        substitute—“
(2) This section applies to any Minister, any
                                                  local or other public authority or any other body
                                                  or person authorised to acquire land by means of a
                                                  compulsory purchase order.”.
(4) In section 5(2) (earliest date for execution of
                                        declaration) omit the words from  “and this subsection” to
                                        the end.
(5) Section 5A (time limit for general vesting declaration) is
                                            omitted .
(6) In section 5B(1) (extension of time limit during
                                        challenge) for  “section 23 (application to High Court in
                                        respect of compulsory purchase order) of the Acquisition of
                                        Land Act 1981, the three year period mentioned in section
                                        5A” substitute “
                  section 118 (legal challenges relating to
                                        applications for orders granting development consent) of the
                                        2008 Act, the five year period mentioned in article 17 (time
                                        limit for exercise of authority to acquire land
                                        compulsorily) of the Cleve Hill Solar Park Order
                                        2020.
                ”.
(7) In section 6 (notices after execution of declaration), in
                                        subsection (1)(b) for  “section 15 of, or paragraph 6 of
                                        Schedule 1 to, the Acquisition of Land Act 1981” substitute “
                  section 134 (notice of authorisation of compulsory
                                        acquisition) of the Planning Act 2008
                ”.
(8) In section 7 (constructive notice to treat), in subsection
                                        (1)(a), omit the words  “(as modified by section 4 of the
                                        Acquisition of Land Act 1981)”.
(9) In Schedule A1 (counter-notice requiring purchase of land
                                        not in general vesting declaration), for paragraph 1(2)
                                        substitute—“
(2) But see article 21(3) (acquisition of subsoil
                                                  only) of the Cleve Hill Solar Park Order 2020,
                                                  which excludes the acquisition of subsoil only
                                                  from this Schedule.”.
(10) References to the 1965 Act in the 1981 Act must be
                                        construed as references to the 1965 Act as applied by
                                        section 125 (application of compulsory acquisition
                                        provisions) of the 2008 Act (and as modified by article 22
                                        (modification of Part 1 of the Compulsory Purchase Act 1965)
                                        to the compulsory acquisition of land under this
                                        Order.
Acquisition of subsoil only
21 

(1) The undertaker may acquire compulsorily so much of, or
                                        such rights in, the subsoil of the land referred to in
                                        paragraph (1) of
                                        article 16 (compulsory acquisition of land) or article 18
                                        (compulsory acquisition of rights) as may be required for
                                        any purpose for which that land may be acquired under that
                                        provision instead of acquiring the whole of the land.
(2) Where the undertaker acquires any part of, or rights in,
                                        the subsoil of land under paragraph (1), the undertaker is not
                                        required to acquire an interest in any other part of the
                                        land.
(3) The following do not apply in connection with the exercise
                                        of the power under paragraph (1) in relation to subsoil only—
(a) Schedule 2A (counter-notice requiring purchase of
                                                land not in notice to treat) to the 1965 Act;
(b) Schedule A1 (counter-notice requiring purchase of
                                                land not in general vesting declaration) to the 1981
                                                Act; and
(c) Section 153(4A) (blighted land: proposed
                                                acquisition of part interest; material detriment
                                                test) of the 1990 Act.
(4) Paragraphs 
                                        and  are to be
                                        disregarded where the undertaker acquires a cellar, vault,
                                        arch or other construction forming part of a house, building
                                        or manufactory.
Modification of Part 1 of the Compulsory Purchase Act 1965
22 

(1) Part 1 (compulsory acquisition under Acquisition of Land
                                        Act 1946) of the 1965 Act, as applied to this Order by
                                        section 125 (application of compulsory acquisition
                                        provisions) of the 2008 Act, is modified as follows.
(2) In section 4A(1) (extension of time limit during
                                        challenge)— for  “section 23 of the Acquisition of Land Act 1981
                                        (application to High Court in respect of compulsory purchase
                                        order), the three year period mentioned in section 4”
                                        substitute “
                  section 118 of the 2008 Act (legal challenges
                                        relating to applications for orders granting development
                                        consent), the five year period mentioned in article 17 (time
                                        limit for exercise of authority to acquire land
                                        compulsorily) of the Cleve Hill Solar Park Order
                                        2020
                ”.
(3) In section 11A (powers of entry: further notice of
                                        entry)—
(a) in subsection (1)(a), after  “land” insert “
                      under
                                                that provision
                    ”; and
(b) in subsection (2), after  “land” insert “
                      under that
                                                provision
                    ”.
(4) In section 22(2) (expiry of time limit for exercise of
                                        compulsory purchase power not to affect acquisition of
                                        interests omitted from purchase), for  “section 4 of this
                                        Act” substitute “
                  article 17 (time limit for exercise of
                                        authority to acquire land compulsorily) of the Cleve Hill
                                        Solar Park Order 2020
                ”.
(5) In Schedule 2A (counter-notice requiring purchase of land
                                        not in notice to treat)—
(a) for paragraphs 1(2) and 14(2) substitute—“
(2) But see article 21(3) (acquisition of
                                                  subsoil only) of the Cleve Hill Solar Park Order
                                                  2020, which excludes the acquisition of subsoil
                                                  only from this Schedule”; and
(b) after paragraph 29 insert—“
PART 4 INTERPRETATION

30 
In this Schedule, references to entering on
                                                  and taking possession of land do not include doing
                                                  so under article 14 (protective works to
                                                  buildings), article 24 (temporary use of land for
                                                  carrying out the authorised development) or
                                                  article 25 (temporary use of land for maintaining
                                                  the authorised development) of the Cleve Hill
                                                  Solar Park Order 2020.”.
Rights under or over streets
23 

(1) The undertaker may enter on, appropriate and use so much
                                        of the subsoil of or air-space over any street within the
                                        Order limits as may be required for the purposes of the
                                        authorised development and may use the subsoil or air-space
                                        for those purposes or any other purpose ancillary to the
                                        authorised development.
(2) Subject to paragraph , the undertaker may exercise any
                                        power conferred by paragraph (1) in relation to a street without
                                        being required to acquire any part of the street or any
                                        easement or right in the street.
(3) Paragraph 
                                        does not apply in relation to—
(a) any subway or underground building; or
(b) any cellar, vault, arch or other construction in,
                                                on or under a street which forms part of a building
                                                fronting onto the street.
(4) Subject to paragraph , any person who is an owner or
                                        occupier of land appropriated under paragraph (1) without the undertaker
                                        acquiring any part of that person's interest in the land,
                                        and who suffers loss as a result, is entitled to
                                        compensation to be determined, in case of dispute, under
                                        Part 1 (determination of questions of disputed compensation)
                                        of the 1961 Act.
(5) Compensation is not payable under paragraph  to any person who is an
                                        undertaker to whom section 85 (sharing cost of necessary
                                        measures) of the 1991 Act applies in respect of measures of
                                        which the allowable costs are to be borne in accordance with
                                        that section.
Temporary use of land for carrying out the authorised development
24 

(1) The undertaker may, in connection with the carrying out of
                                        the authorised development—
(a) enter on and take temporary possession of any of
                                                the Order land in respect of which no notice of
                                                entry has been served under section 11 (powers of
                                                entry) of the 1965 Act  (other than in connection with the acquisition of rights only) and no declaration has been
                                                made under section 4 (execution of declaration) of
                                                the 1981 Act;
(b) remove any buildings, agricultural plant and
                                                apparatus, drainage, fences, debris and vegetation
                                                from that land;
(c) construct temporary works, haul roads, security
                                                fencing, bridges, structures and buildings on that
                                                land;
(d) use the land for the purposes of a temporary
                                                working site with access to the working site in
                                                connection with the authorised development;
(e) construct any works, on that land as are mentioned
                                                in Part 1 of Schedule 1 (authorised development);
                                                and
(f) carry out mitigation works required pursuant to
                                                the requirements in Schedule 1.
(2) Not less than 14 days before entering on and taking
                                        temporary possession of land under this article the
                                        undertaker must serve notice of the intended entry on the
                                        owners and occupiers of the land.
(3) The undertaker must not remain in possession of any land
                                        under this article for longer than reasonably necessary and
                                        in any event must not, without the agreement of the owners
                                        of the land, remain in possession of any land under this
                                        article after the end of the period of one year beginning
                                        with the date of completion of the part of the authorised
                                        development for which temporary possession of the land was
                                        taken unless the undertaker has, before the end of that
                                        period, served a notice of entry under section 11 of the
                                        1965 Act or made a declaration under section 4 of the 1981
                                        Act in relation to that land.
(4) Unless the undertaker has served notice of entry under
                                        section 11 of the 1965 Act or made a declaration under
                                        section 4 of the 1981 Act or otherwise acquired the land or
                                        rights over land subject to temporary possession, the
                                        undertaker must before giving up possession of land of which
                                        temporary possession has been taken under this article,
                                        remove all works and restore the land to the reasonable
                                        satisfaction of the owners of the land; but the undertaker
                                        is not required to—
(a) replace any building, structure, drain or electric
                                                line removed under this article;
(b) remove any drainage works installed by the
                                                undertaker under this article;
(c) remove any new road surface or other improvements
                                                carried out under this article to any street
                                                specified in Schedule 2 (streets subject to street
                                                works); or
(d) restore the land on which any works have been
                                                carried out under paragraph 
                                                insofar as the works relate to mitigation works
                                                identified in the environmental statement or
                                                required pursuant to the requirements in Schedule
                                                1.
(5) The undertaker must pay compensation to the owners and
                                        occupiers of land which temporary possession is taken under
                                        this article for any loss or damage arising from the
                                        exercise in relation to the land of the provisions of any
                                        power conferred by this article.
(6) Any dispute as to a person's entitlement to compensation
                                        under paragraph , or as to the amount of the
                                        compensation, must be determined under Part 1 (determination
                                        of questions of disputed compensation) of the 1961
                                        Act.
(7) Nothing in this article affects any liability to pay
                                        compensation under section 152 (compensation in case where
                                        no right to claim in nuisance) of the 2008 Act or under any
                                        other enactment in respect of loss or damage arising from
                                        the carrying out of the authorised development, other than
                                        loss or damage for which compensation is payable under
                                        paragraph .
(8) Where the undertaker takes possession of land under this
                                        article, the undertaker is not required to acquire the land
                                        or any interest in it.
(9) Section 13 (refusal to give possession to acquiring
                                        authority) of the 1965 Act applies to the temporary use of
                                        land pursuant to this article to the same extent as it
                                        applies to the compulsory acquisition of land under this
                                        Order by virtue of section 125 (application of compulsory
                                        acquisition provisions) of the 2008 Act.
Temporary use of land for maintaining authorised development
25 

(1) Subject to paragraph , at any time during the maintenance
                                        period (as defined in paragraph (11)) relating to any part
                                        of the authorised development, the undertaker may—
(a) enter on and take temporary possession of any land
                                                within the Order land if such possession is
                                                reasonably required for the purpose of maintaining
                                                the authorised development; and
(b) construct such temporary works and buildings on
                                                the land as may be reasonably necessary for that
                                                purpose.
(2) Paragraph (1)
                                        does not authorise the undertaker to take temporary
                                        possession of—
(a) any house or garden belonging to a house;
                                                or
(b) any building (other than a house) if it is for the
                                                time being occupied.
(3) Not less than 28 days before entering on and taking
                                        temporary possession of land under this article the
                                        undertaker must serve notice of the intended entry on the
                                        owners and occupiers of the land.
(4) The undertaker may only remain in possession of land under
                                        this article for so long as may be reasonably necessary to
                                        carry out the maintenance of the part of the authorised
                                        development for which possession of the land was
                                        taken.
(5) Before giving up possession of land of which temporary
                                        possession has been taken under this article, the undertaker
                                        must remove all temporary works and restore the land to the
                                        reasonable satisfaction of the owners of the land.
(6) The undertaker must pay compensation to the owners and
                                        occupiers of land of which temporary possession is taken
                                        under this article for any loss or damage arising from the
                                        exercise in relation to the land of the provisions of this
                                        article.
(7) Any dispute as to a person's entitlement to compensation
                                        under paragraph , or as to the amount of the
                                        compensation, must be determined under Part 1 (determination
                                        of questions of disputed compensation) of the 1961
                                        Act.
(8) Nothing in this article affects any liability to pay
                                        compensation under section 152 of the 2008 Act (compensation
                                        in case where no right to claim in nuisance) or under any
                                        other enactment in respect of loss or damage arising from
                                        the maintenance of the authorised development, other than
                                        loss or damage for which compensation is payable under
                                        paragraph .
(9) Where the undertaker takes possession of land under this
                                        article, the undertaker is not required to acquire the land
                                        or any interest in it.
(10) Section 13 (refusal to give possession to acquiring
                                        authority) of the 1965 Act applies to the temporary use of
                                        land pursuant to this article to the same extent as it
                                        applies to the compulsory acquisition of land under this
                                        Order by virtue of section 125 (application of compulsory
                                        acquisition provisions) of the 2008 Act.
(11) In this article  “the maintenance period” means the period
                                        of 5 years beginning with the date on which a phase of the
                                        authorised development first exports electricity to the
                                        national electricity transmission network.
Statutory undertakers
26 
Subject to the provisions of Schedule 7 (protective provisions)
                                the undertaker may—
(a) acquire compulsorily, or acquire new rights or impose
                                        restrictive covenants over, the land belonging to statutory
                                        undertakers shown on the land plan (as certified by the
                                        Secretary of State in accordance with article 34) within the
                                        Order land; and
(b) extinguish the rights of, remove, relocate the rights of
                                        or reposition the apparatus belonging to statutory
                                        undertakers over or within the Order land.
Recovery of costs of new connections
27 

(1) Where any apparatus of a public utility undertaker or of a
                                        public communications provider is removed under article 26
                                        (statutory undertakers) any person who is the owner or
                                        occupier of premises to which a supply was given from that
                                        apparatus is entitled to recover from the undertaker
                                        compensation in respect of expenditure reasonably incurred
                                        by that person, in consequence of the removal, for the
                                        purpose of effecting a connection between the premises and
                                        any other apparatus from which a supply is given.
(2) Paragraph (1)
                                        does not apply in the case of the removal of a public sewer
                                        but where such a sewer is removed under article 26
                                        (statutory undertakers), any person who is—
(a) the owner or occupier of premises the drains of
                                                which communicated with that sewer; or
(b) the owner of a private sewer which communicated
                                                with that sewer,
is entitled to recover from the undertaker compensation in
                                        respect of expenditure reasonably incurred by that person,
                                        in consequence of the removal, for the purpose of making the
                                        drain or sewer belonging to that person communicate with any
                                        other public sewer or with a private sewerage disposal
                                        plant.
(3) This article does not have effect in relation to apparatus
                                        to which Part 3 (street works in England and Wales) of the
                                        1991 Act applies.
(4) In this article—
 “public communications provider” has the same
                                                  meaning as in section 151(1) (interpretation of
                                                  Chapter 1) of the Communications Act
                                                  2003 ; and
 “public utility undertaker” has the same
                                                  meaning as in the 1980 Act.
PART 6 OPERATIONS
Operation of generating stations
28 

(1) The undertaker is authorised to use and operate the
                                        generating stations comprised in the authorised
                                        development.
(2) This article does not relieve the undertaker of any
                                        requirement to obtain any permit or licence under any other
                                        legislation that may be required from time to time to
                                        authorise the operation of an electricity generating
                                        station.
Deemed marine licence under the 2009 Act
29 
The deemed marine licence set out in Schedule 8 (deemed marine
                                licence under the 2009 Act), is deemed to be granted on the date
                                this Order comes into force to the undertaker under Part 4 (marine
                                licensing) of the 2009 Act for the licensed marine activities set
                                out in Part 1, and subject to the conditions set out in Part 2 of
                                that Schedule.
PART 7 MISCELLANEOUS AND GENERAL
Application of landlord and tenant law
30 

(1) This article applies to—
(a) any agreement for leasing to any person the whole
                                                or any part of the authorised development or the
                                                right to operate the same; and
(b) any agreement entered into by the undertaker with
                                                any person for the construction, maintenance, use or
                                                operation of the authorised development, or any part
                                                of it,
so far as any such agreement relates to the terms on which
                                        any land which is the subject of a lease granted by or under
                                        that agreement is to be provided for that person's
                                        use.
(2) No enactment or rule of law regulating the rights and
                                        obligations of landlords and tenants may prejudice the
                                        operation of any agreement to which this article
                                        applies.
(3) Accordingly, no such enactment or rule of law to which
                                        paragraph 
                                        applies in relation to the rights and obligations of the
                                        parties to any lease granted by or under any such agreement
                                        so as to—
(a) exclude or in any respect modify any of the rights
                                                and obligations of those parties under the terms of
                                                the lease, whether with respect to the termination
                                                of the tenancy or any other matter;
(b) confer or impose on any such party any right or
                                                obligation arising out of or connected with anything
                                                done or omitted on or in relation to land which is
                                                the subject of the lease, in addition to any such
                                                right or obligation provided for by the terms of the
                                                lease; or
(c) restrict the enforcement (whether by action for
                                                damages or otherwise) by any party to the lease of
                                                any obligation of any other party under the
                                                lease.
Operational land for purposes of the 1990 Act
31 
Development consent granted by this Order is treated as specific
                                planning permission for the purposes of section 264(3)(a) (cases in
                                which land is to be treated as operational land for the purposes of
                                that Act) of the 1990 Act.
Felling or lopping of trees
32 

(1) The undertaker may fell or lop any tree or shrub near any
                                        part of the authorised development, or cut back its roots,
                                        if it reasonably believes it to be necessary to do so to
                                        prevent the tree or shrub from obstructing or interfering
                                        with the construction, maintenance or operation of the
                                        authorised development or any apparatus used in connection
                                        with the authorised development.
(2) In carrying out any activity authorised by paragraph
                                            (1), the
                                        undertaker must not do any unnecessary damage to any tree or
                                        shrub and must pay compensation to any person for any loss
                                        or damage arising from such activity.
(3) Any dispute as to a person's entitlement to compensation
                                        under paragraph , or as to the amount of
                                        compensation, must be determined under Part 1 of the 1961
                                        Act.
Trees subject to tree preservation orders
33 

(1) The undertaker may fell or lop any tree within or
                                        overhanging land within the Order limits subject to a tree
                                        preservation order or cut back its roots, if it reasonably
                                        believes it to be necessary to do so in order to prevent the
                                        tree from obstructing or interfering with the construction,
                                        maintenance or operation of the authorised development or
                                        any apparatus used in connection with the authorised
                                        development.
(2) In carrying out any activity authorised by paragraph
                                            (1)—
(a) the undertaker must do no unnecessary damage to
                                                any tree and must pay compensation to any person for
                                                any loss or damage arising from such activity;
                                                and
(b) the duty contained in section 206(1) (replacement
                                                of trees) of the 1990 Act does not apply.
(3) The authority given by paragraph (1) constitutes a deemed
                                        consent under the relevant tree preservation order.
(4) Any dispute as to a person's entitlement to compensation
                                        under paragraph , or as to the amount of
                                        compensation, will be determined under Part 1 of the 1961
                                        Act.
Certification of plans and documents, etc.
34 

(1) The undertaker must, as soon as practicable after the
                                        making of this Order, submit to the Secretary of State
                                        copies of—
(a) the book of reference;
(b) the Crown land plan;
(c) the environmental statement;
(d) the land plans;
(e) the location, order limits and grid coordinates
                                                plans;
(f) the outline battery safety management plan;
(g) the outline construction environmental management
                                                plan;
(h) the outline decommissioning and restoration
                                                plan;
(i) the outline design principles;
(j) the outline landscape and biodiversity management
                                                plan;
(k) the outline special protection area construction
                                                noise management plan;
(l) outline skills, supply chain and employment
                                                plan;
(m) the outline written scheme of
                                                investigation;
(n) the rights of way plan;
(o) the special category land plan – open
                                                space;
(p) the statutory / non-statutory nature conservation
                                                designations plan;
(q) the statutory / non-statutory historic environment
                                                designations plan;
(r) the streets and access plan;
(s) the water bodies in a river basin management plan, plan;
                                                and
(t) the works plan;
for certification that they are true copies of
                                those plans and documents.
(2) A plan or document so certified is admissible in any
                                        proceedings as evidence of the contents of the document of
                                        which it is a copy.
Arbitration
35 

(1) Any difference under any provision of this Order, unless
                                        otherwise provided for, is to be referred to and settled in
                                        arbitration in accordance with the rules set out in Schedule
                                        9 (arbitration rules) of this Order, by a single arbitrator
                                        to be agreed upon by the parties, within 14 days of receipt
                                        of the notice of arbitration, or if the parties fail to
                                        agree within the time period stipulated, to be appointed on
                                        application of either party (after giving written notice to
                                        the other) by the Secretary of State.
Requirements, appeals, etc.
36 

(1) Where an application is made to, or a request is made of,
                                        the relevant planning authority or any other relevant person
                                        for any agreement or approval required or contemplated by
                                        any of the provisions of this Order, such agreement or
                                        approval must, if given, be given in writing and must not be
                                        unreasonably withheld or delayed.
(2) Part 3 (procedure for discharge of requirements) of
                                        Schedule 1 has effect in relation to all agreements or
                                        approvals granted, refused or withheld in relation to
                                        requirements included in Part 2 of that Schedule.
Crown rights
37 

(1) Nothing in this Order affects prejudicially any estate,
                                        right, power, privilege, authority or exemption of the Crown
                                        and in particular, nothing in this Order authorises the
                                        undertaker or any licensee to take possession of, use, enter
                                        upon or in any manner interfere with any land or rights of
                                        any description (including any portion of the shore or bed
                                        of the sea or any river, channel, creek, bay or
                                        estuary)—
(a) belonging to Her Majesty in right of the Crown and
                                                forming part of the Crown Estate without the consent
                                                in writing of the Crown Estate Commissioners;
(b) belonging to Her Majesty in right of the Crown and
                                                not forming part of the Crown Estate without the
                                                consent in writing of the government department
                                                having the management of that land; or
(c) belonging to a government department or held in
                                                trust for Her Majesty for the purposes of a
                                                government department without the consent in writing
                                                of that government department.
(2) Paragraph (1)
                                        does not apply to the exercise of any right under this Order
                                        for the compulsory acquisition of an interest in any Crown
                                        land (as defined in the 2008 Act) which is for the time
                                        being held otherwise than by or on behalf of the
                                        Crown.
(3) A consent under paragraph (1) may be given unconditionally or
                                        subject to terms and conditions and is deemed to have been
                                        given in writing where it is sent electronically.
Protective provisions
38 
Schedule 7 (protective provisions) has effect.
Funding
39 

(1) The undertaker must not exercise the powers conferred by
                                        the provisions referred to in paragraph  in relation
                                        to any Order land unless it has first put in place
                                        either—
(a) a guarantee and the amount of that guarantee
                                                approved by the Secretary of State in respect of the
                                                liabilities of the undertaker to pay compensation
                                                pursuant to the provisions referred to in paragraph
                                                (2) in relation to that land; or
(b) an alternative form of security and the amount of
                                                that security for that purpose approved by the
                                                Secretary of State in respect of the liabilities of
                                                the undertaker to pay compensation pursuant to the
                                                provisions referred to in paragraph (2) in relation to that land.
(2) The provisions are—
(a) article 16 (compulsory acquisition of
                                                land);
(b) article 18 (compulsory acquisition of
                                                rights);
(c) article 19 (private rights);
(d) article 21
                                                (acquisition of subsoil only);
(e) article 23 (rights under or over streets);
(f) article 24 (temporary use of land for carrying out
                                                the authorised development);
(g) article 25 (temporary use of land for maintaining
                                                the authorised development); and
(h) article 26 (statutory undertakers).
(3) A guarantee or alternative form of security given in
                                        respect of any liability of the undertaker to pay
                                        compensation pursuant to the provisions referred to in
                                        paragraph (2) is to be treated as enforceable against the
                                        guarantor or person providing the alternative form of
                                        security by any person to whom such compensation is payable
                                        and must be in such a form as to be capable of enforcement
                                        by such a person.
(4) Nothing in this article requires a guarantee or
                                        alternative form of security to be in place for more than 15
                                        years after the date on which the relevant power is
                                        exercised.
Signed by Authority of the Secretary of State for Business, Energy and
                            Industrial Strategy
Gareth Leigh

Head of Energy Infrastructure Planning

Department for Business, Energy and Industrial
                            Strategy

SCHEDULE 1
AUTHORISED DEVELOPMENT

Article 3
PART 1 AUTHORISED DEVELOPMENT
1 
In the Districts of Swale and Canterbury in the County of Kent
                                    a nationally significant infrastructure project as defined in
                                    sections 14 and 15 of the 2008 Act and associated development
                                    under section 115(1)(b) of the 2008 Act.
The nationally significant infrastructure project comprises up
                                    to two generating stations with a combined gross electrical
                                    output capacity of over 50 megawatts comprising all or any of
                                    the work numbers in this Schedule or any part of any work number
                                    in this Schedule—
Work No.1— a ground mounted solar
                                    photovoltaic generating station with a gross electrical output
                                    capacity of over 50 megawatts comprising—
(a) solar modules;
(b) inverters;
(c) transformers; and
(d) a network of cable circuits.
Work No.2— works comprising either—
(a) an energy storage facility with a gross storage
                                            capacity of over 50 megawatts comprising—
(i) energy storage;
(ii) transformers;
(iii) switch gear and ancillary equipment;
(iv) a network of cable circuits;
(v) cables connecting to Work Nos. 1 and 3;
                                                  and
(vi) a flood protection bund; or
(b) an extension of the ground mounted solar photovoltaic
                                            generating station in Work No.1 and comprising—
(i) solar modules;
(ii) inverters;
(iii) transformers;
(iv) electrical underground cables connecting to
                                                  Work Nos. 1 and 3;
(v) a network of cable circuits; and
(vi) a flood protection bund,and associated development within the meaning of section
                                    115(2) of the 2008 Act comprising—
Work No.3— a substation with works
                                    comprising—
(a) a network of cable circuits;
(b) electrical underground cables connecting to Work Nos 1
                                            and 2, and the existing substation;
(c) construction compounds; and
(d) a flood protection bund.
Work No.4— works comprising—
(a) a network of cable circuits;
(b) construction compounds;
(c) landscaping;
(d) earthworks;
(e) drainage; and
(f) undergrounding of existing overhead line.
Work No.5— works to lay cable systems
                                    connecting Work No. 3 and the existing substation and works to
                                    create and maintain means of access connecting to the existing
                                    access road in Work No. 7;
Work No.6— works to create and maintain a
                                    means of access connecting Work Nos 1, 2 and 3 with the existing
                                    access road in Work No. 7;
Work No.7— works to alter and maintain the
                                    existing access road;Work No.8— works to create and maintain a
                                    habitat management area, comprising—
(a) earth works;
(b) means of access; and
(c) drainage;
Work No.9— works to maintain the existing
                                    flood defence, comprising—
(a) inspection;
(b) investigation (above MHWS, inclusive of trial
                                            pitting);
(c) replacement of expansion joint material;
(d) concrete repair (to a standard specified in BS EN
                                            1504);
(e) replacement of concrete toe beam;
(f) vegetation management (including grass cutting and
                                            removal of larger vegetation);
(g) replacement of loose and missing block work;
(h) repair of voids;
(i) fencing repair and replacement;
(j) servicing outfalls;
(k) cleaning outfall ancillary structures;
(l) topping up of embankment crest levels at localised low
                                            spots;
(m) vermin control;
(n) repairs of rutting in crest;
(o) repointing of jointed structures;
(p) replacing modular blocks;
(q) replacement of toe armour as required;
(r) reinstatement of timber toe piles;
(s) timber groyne plank replacement;
(t) replacement of bolts on groyne;
(u) placement of timber rubbing boards on groyne;
(v) localised movements of beach material;
(w) cleaning/dredging of drainage ditch channels;
(x) replacement of pitching where present;
(y) replacement of access structures;
(z) painting; and
(aa) any other activities required to be undertaken
                                            which—
(i) use the same materials as those on the
                                                  existing flood defence;
(ii) do not alter the plan form or cross section of
                                                  the existing flood defence;
(iii) do not provide an overall increase or
                                                  reduction in flood level; and
(iv) do not require excavations of beach material
                                                  deeper than 1.5 metres.
In connection with such Work Nos. 1 to 9 and to the extent
                                    that they do not otherwise form part of any such work, further
                                    associated development comprising such other works as may be
                                    necessary or expedient for the purposes of or in connection with
                                    the relevant part of the authorised development and which fall
                                    within the scope of the work assessed by the environmental
                                    statement, including—
(a) works for the provision of fencing and security
                                            measures such as CCTV and lighting;
(b) laying down of internal access tracks;
(c) ramps, means of access and footpaths;
(d) bunds, embankments, and swales;
(e) boundary treatments, including means of
                                            enclosure;
(f) laying out and surfacing of permissive paths,
                                            including the laying and construction of drainage
                                            infrastructure, signage and information boards;
(g) habitat creation and management, including earthworks,
                                            landscaping, means of enclosure, and the laying and
                                            construction of drainage infrastructure;
(h) jointing bays, cable ducts, cable protection, joint
                                            protection, manholes, kiosks, marker posts, underground
                                            cable marker, tiles and tape, and lighting and other
                                            works associated with cable laying;
(i) works for the provision of apparatus including
                                            cabling, water supply works, foul drainage provision,
                                            surface water management systems and culverting;
(j) works to alter the position of apparatus, including
                                            mains, sewers, drains and cables;
(k) works to alter the course of, or otherwise interfere
                                            with, non-navigable rivers, streams or
                                            watercourses;
(l) landscaping and other works to mitigate any adverse
                                            effects of the construction, maintenance or operation of
                                            the authorised development;
(m) works for the benefit or protection of land affected
                                            by the authorised development; and
(n) working sites in connection with the construction of
                                            the authorised development, construction lay down areas
                                            and compounds, storage compounds and their
                                            restoration.
2 
The grid coordinates for that part of the authorised
                                    development which is seaward of MHWS are specified below—
Point ID Latitude (DMS) Longitude (DMS) Point ID Latitude (DMS) Longitude (DMS)
1 51° 19′ 56.946″
                                                  N 0° 54′ 46.089″ E 100 51° 20′32.408″ N 0° 54′ 7.763″ E
2 51° 19′ 58.535″
                                                  N 0° 54′ 45.298″ E 101 51° 20′ 33.143″
                                                  N 0° 54′ 9.545″ E
3 51° 19′ 58.708″
                                                  N 0° 54′ 45.201″ E 102 51° 20′ 34.285″
                                                  N 0° 54′ 13.532″ E
4 51° 19′ 59.027″
                                                  N 0° 54′ 45.080″ E 103 51° 20′ 35.087″
                                                  N 0° 54′ 17.689″ E
5 51° 19′ 59.384″
                                                  N 0° 54′ 44.724″ E 104 51° 20′ 35.317″
                                                  N 0° 54′ 21.662″ E
6 51° 19′ 59.960″
                                                  N 0° 54′ 44.350″ E 105 51° 20′ 37.215″
                                                  N 0° 54′ 36.902″ E
7 51° 20′ 1.300″ N 0° 54′ 43.858″ E 106 51° 20′ 37.791″
                                                  N 0° 54′ 38.342″ E
8 51° 20′ 2.911″ N 0° 54′ 42.665″ E 107 51° 20′ 37.114″
                                                  N 0° 54′ 46.675″ E
9 51° 20′ 3.116″ N 0° 54′ 42.384″ E 108 51° 20′ 37.181″
                                                  N 0° 54′ 46.705″ E
10 51° 20′ 4.788″ N 0° 54′ 40.819″ E 109 51° 20′ 37.035″
                                                  N 0° 54′ 49.041″ E
11 51° 20′ 4.959″ N 0° 54′ 40.563″ E 110 51° 20′ 36.955″
                                                  N 0° 54′ 49.652″ E
12 51° 20′ 5.438″ N 0° 54′ 40.227″ E 111 51° 20′ 36.954″
                                                  N 0° 54′ 49.874″ E
13 51° 20′ 6.231″ N 0° 54′ 38.746″ E 112 51° 20′ 36.983″
                                                  N 0° 54′ 50.130″ E
14 51° 20′ 6.637″ N 0° 54′ 38.090″ E 113 51° 20′ 36.985″
                                                  N 0° 54′ 50.419″ E
15 51° 20′ 7.311″ N 0° 54′ 36.551″ E 114 51° 20′ 36.920″
                                                  N 0° 54′ 50.652″ E
16 51° 20′ 7.817″ N 0° 54′ 35.012″ E 115 51° 20′ 37.006″
                                                  N 0° 54′ 51.158″ E
17 51° 20′ 8.559″ N 0° 54′ 30.512″ E 116 51° 20′ 37.215″
                                                  N 0° 54′ 50.375″ E
18 51° 20′ 8.713″ N 0° 54′ 28.690″ E 117 51° 20′ 37.673″
                                                  N 0° 54′ 46.063″ E
19 51° 20′ 8.886″ N 0° 54′ 27.093″ E 118 51° 20′ 38.109″
                                                  N 0° 54′ 39.463″ E
20 51° 20′ 8.229″ N 0° 54′ 29.798″ E 119 51° 20′ 36.284″
                                                  N 0° 54′ 26.251″ E
21 51° 20′ 7.773″ N 0° 54′ 32.964″ E 120 51° 20′ 35.445″
                                                  N 0° 54′ 16.667″ E
22 51° 20′ 6.916″ N 0° 54′ 36.190″ E 121 51° 20′ 34.876″
                                                  N 0° 54′ 13.691″ E
23 51° 20′ 5.271″ N 0° 54′ 39.948″ E 122 51° 20′ 33.400″
                                                  N 0° 54′ 8.742″ E
24 51° 20′ 1.514″ N 0° 54′ 43.309″ E 123 51° 20′ 32.885″
                                                  N 0° 54′ 7.478″ E
25 51° 19′ 59.852″
                                                  N 0° 54′ 43.782″ E 124 51° 20′ 32.714″
                                                  N 0° 54′ 5.934″ E
26 51° 20′ 11.941″
                                                  N 0° 54′ 13.217″ E 125 51° 20′ 32.081″
                                                  N 0° 54′ 3.003″ E
27 51° 20′ 11.877″
                                                  N 0° 54′ 12.095″ E 126 51° 20′ 36.869″
                                                  N 0° 54′ 51.672″E
28 51° 20′ 11.663″
                                                  N 0° 54′ 10.398″ E 127 51° 20′ 36.819″
                                                  N 0° 54′ 51.640″ E
29 51° 20′ 11.436″
                                                  N 0° 54′ 9.385″ E 128 51° 20′ 36.762″
                                                  N 0° 54′ 51.642″ E
30 51° 20′ 10.399″
                                                  N 0° 54′ 6.406″ E 129 51° 20′ 36.711″
                                                  N 0° 54′ 51.724″ E
31 51° 20′ 10.522″
                                                  N 0° 54′ 7.338″ E 130 51° 20′ 36.674″
                                                  N 0° 54′ 51.969″ E
32 51° 20′ 10.085″
                                                  N 0° 53′ 46.895″ E 131 51° 20′ 36.662″
                                                  N 0° 54′ 52.243″ E
33 51° 20′ 10.324″
                                                  N 0° 53′ 47.052″ E 132 51° 20′ 36.643″
                                                  N 0° 54′ 52.308″ E
34 51° 20′ 10.497″
                                                  N 0° 53′ 47.265″ E 133 51° 20′ 36.557″
                                                  N 0° 54′ 52.486″ E
35 51° 20′ 10.555″
                                                  N 0° 53′ 47.377″ E 134 51° 20′ 36.597″
                                                  N 0° 54′ 52.469″ E
36 51° 20′ 10.609″
                                                  N 0° 53′ 47.678″ E 135 51° 20′ 36.651″
                                                  N 0° 54′ 52.486″ E
37 51° 20′ 10.685″
                                                  N 0° 53′ 56.589″ E 136 51° 20′ 42.418″
                                                  N 0° 55′ 36.744″ E
38 51° 20′ 10.577″
                                                  N 0° 53′ 57.633″ E 137 51° 20′ 42.431″
                                                  N 0° 55′ 37.288″ E
39 51° 20′ 10.677″
                                                  N 0° 53′ 57.274″ E 138 51° 20′ 42.700″
                                                  N 0° 55′ 40.210″ E
40 51° 20′ 10.741″
                                                  N 0° 53′ 56.919″ E 139 51° 20′ 42.775″
                                                  N 0° 55′ 40.607″ E
41 51° 20′ 10.759″
                                                  N 0° 53′ 56.703″ E 140 51° 20′ 42.916″
                                                  N 0° 55′ 40.911″ E
42 51° 20′ 10.691″
                                                  N 0° 53′ 47.644″ E 141 51° 20′ 42.913″
                                                  N 0° 55′ 41.691″ E
43 51° 20′ 10.658″
                                                  N 0° 53′ 47.286″ E 142 51° 20′ 43.090″
                                                  N 0° 55′ 42.369″ E
44 51° 20′ 10.631″
                                                  N 0° 53′ 47.191″ E 143 51° 20′ 43.208″
                                                  N 0° 55′ 42.254″ E
45 51° 20′ 10.417″
                                                  N 0° 53′ 46.970″ E 144 51° 20′ 43.241″
                                                  N 0° 55′ 43.046″ E
46 51° 20′ 10.380″
                                                  N 0° 53′ 46.880″ E 145 51° 20′ 43.362″
                                                  N 0° 55′ 43.772″ E
47 51° 20′ 10.348″
                                                  N 0° 53′ 46.718″ E 146 51° 20′ 43.555″
                                                  N 0° 55′ 43.598″ E
48 51° 20′ 10.380″
                                                  N 0° 53′ 46.503″ E 147 51° 20′ 43.523″
                                                  N 0° 55′ 44.092″ E
49 51° 20′ 10.447″
                                                  N 0° 53′ 46.302″ E 148 51° 20′ 43.570″
                                                  N 0° 55′ 44.669″ E
50 51° 20′ 27.907″
                                                  N 0° 53′ 46.744″ E 149 51° 20′ 43.671″
                                                  N 0° 55′ 45.270″ E
51 51° 20′ 27.862″
                                                  N 0° 53′ 47.043″ E 150 51° 20′ 43.799″
                                                  N 0° 55′ 45.070″ E
52 51° 20′ 27.876″
                                                  N 0° 53′ 47.230″ E 151 51° 20′ 43.780″
                                                  N 0° 55′ 45.567″ E
53 51° 20′ 27.830″
                                                  N 0° 53′ 47.672″ E 152 51° 20′ 43.948″
                                                  N 0° 55′ 46.756″ E
54 51° 20′ 27.699″
                                                  N 0° 53′ 48.253″ E 153 51° 20′ 44.306″
                                                  N 0° 55′ 48.368″ E
55 51° 20′ 27.585″
                                                  N 0° 53′ 48.411″ E 154 51° 20′ 44.687″
                                                  N 0° 55′ 49.791″ E
56 51° 20′ 27.555″
                                                  N 0° 53′ 48.435″ E 155 51° 20′ 45.757″
                                                  N 0° 55′ 54.594″ E
57 51° 20′ 27.538″
                                                  N 0° 53′ 48.625″ E 156 51° 20′ 47.241″
                                                  N 0° 56′ 2.207″ E
58 51° 20′ 27.517″
                                                  N 0° 53′ 48.660″ E 157 51° 20′ 47.983″
                                                  N 0° 56′ 6.651″ E
59 51° 20′ 27.406″
                                                  N 0° 53′ 48.710″ E 158 51° 20′ 48.152″
                                                  N 0° 56′ 6.491″ E
60 51° 20′ 27.376″
                                                  N 0° 53′ 48.744″ E 159 51° 20′ 48.092″
                                                  N 0° 56′ 6.958″ E
61 51° 20′ 27.358″
                                                  N 0° 53′ 48.805″ E 160 51° 20′ 48.096″
                                                  N 0° 56′ 7.304″ E
62 51° 20′ 27.357″
                                                  N 0° 53′ 48.852″ E 161 51° 20′ 48.226″
                                                  N 0° 56′ 7.918″ E
63 51° 20′ 27.320″
                                                  N 0° 53′ 49.159″ E 162 51° 20′ 48.436″
                                                  N 0° 56′ 7.698″ E
64 51° 20′ 27.275″
                                                  N 0° 53′ 49.275″ E 163 51° 20′ 48.394″
                                                  N 0° 56′ 8.208″ E
65 51° 20′ 27.252″
                                                  N 0° 53′ 49.310″ E 164 51° 20′ 48.416″
                                                  N 0° 56′ 8.607″ E
66 51° 20′ 27.112″
                                                  N 0° 53′ 49.343″ E 165 51° 20′ 48.474″
                                                  N 0° 56′ 8.816″ E
67 51° 20′ 27.084″
                                                  N 0° 53′ 49.434″ E 166 51° 20′ 48.520″
                                                  N 0° 56′ 8.981″ E
68 51° 20′ 27.059″
                                                  N 0° 53′ 49.665″ E 167 51° 20′ 48.530″
                                                  N 0° 56′ 9.101″ E
69 51° 20′ 27.036″
                                                  N 0° 53′ 49.798″ E 168 51° 20′ 48.516″
                                                  N 0° 56′ 9.227″ E
70 51° 20′ 26.925″
                                                  N 0° 53′ 50.097″ E 169 51° 20′ 48.514″
                                                  N 0° 56′ 9.358″ E
71 51° 20′ 26.949″
                                                  N 0° 53′ 50.133″ E 170 51° 20′ 48.592″
                                                  N 0° 56′ 9.802″ E
72 51° 20′ 27.049″
                                                  N 0° 53′ 49.908″ E 171 51° 20′ 48.676″
                                                  N 0° 56′ 10.128″ E
73 51° 20′ 27.113″
                                                  N 0° 53′ 49.705″ E 172 51° 20′ 48.616″
                                                  N 0° 56′ 7.869″ E
74 51° 20′ 27.164″
                                                  N 0° 53′ 49.465″ E 173 51° 20′ 48.857″
                                                  N 0° 56′ 14.026″ E
75 51° 20′ 27.246″
                                                  N 0° 53′ 49.429″ E 174 51° 20′ 48.852″
                                                  N 0° 56′ 14.100″ E
76 51° 20′ 27.272″
                                                  N 0° 53′ 49.410″ E 175 51° 20′ 48.844″
                                                  N 0° 56′ 14.168″ E
77 51° 20′ 27.326″
                                                  N 0° 53′ 49.330″ E 176 51° 20′ 48.807″
                                                  N 0° 56′ 14.326″ E
78 51° 20′ 27.347″
                                                  N 0° 53′ 49.270″ E 177 51° 20′ 48.722″
                                                  N 0° 56′ 14.640″ E
79 51° 20′ 27.374″
                                                  N 0° 53′ 49.080″ E 178 51° 20′ 48.645″
                                                  N 0° 56′ 15.364″ E
80 51° 20′ 27.403″
                                                  N 0° 53′ 48.953″ E 179 51° 20′ 48.916″
                                                  N 0° 56′ 17.077″ E
81 51° 20′ 27.459″
                                                  N 0° 53′ 48.796″ E 180 51° 20′ 44.526″
                                                  N 0° 56′ 52.481″ E
82 51° 20′ 27.534″
                                                  N 0° 53′ 48.775″ E 181 51° 20′ 44.523″
                                                  N 0° 56′ 53.111″ E
83 51° 20′ 27.577″
                                                  N 0° 53′ 48.731″ E 182 51° 20′ 44.613″
                                                  N 0° 56′ 53.520″ E
84 51° 20′ 27.605″
                                                  N 0° 53′ 48.666″ E 183 51° 20′ 44.607″
                                                  N 0° 56′ 53.654″ E
85 51° 20′ 27.622″
                                                  N 0° 53′ 48.491″ E 184 51° 20′ 44.472″
                                                  N 0° 56′ 54.152″ E
86 51° 20′ 27.695″
                                                  N 0° 53′ 48.408″ E 185 51° 20′ 44.365″
                                                  N 0° 56′ 54.631″ E
87 51° 20′ 27.763″
                                                  N 0° 53′ 48.293″ E 186 51° 20′ 44.337″
                                                  N 0° 56′ 54.961″ E
88 51° 20′ 27.942″
                                                  N 0° 53′ 47.338″ E 187 51° 20′ 44.341″
                                                  N 0° 56′ 55.338″ E
89 51° 20′ 27.948″
                                                  N 0° 53′ 47.235″ E 188 51° 20′ 44.188″
                                                  N 0° 56′ 56.399″ E
90 51° 20′ 27.910″
                                                  N 0° 53′ 47.165″ E 189 51° 20′ 44.193″
                                                  N 0° 56′ 56.709″ E
91 51° 20′ 27.920″
                                                  N 0° 53′ 47.052″ E 190 51° 20′ 44.268″
                                                  N 0° 56′ 57.174″ E
92 51° 20′ 27.939″
                                                  N 0° 53′ 46.941″ E 191 51° 20′ 49.033″
                                                  N 0° 56′ 20.247″ E
93 51° 20′ 27.963″
                                                  N 0° 53′ 46.853″ E 192 51° 20′ 48.835″
                                                  N 0° 56′ 14.262″ E
94 51° 20′ 27.997″
                                                  N 0° 53′ 46.798″ E 193 51° 20′ 48.854″
                                                  N 0° 56′ 14.137″ E
95 51° 20′ 30.414″
                                                  N 0° 53′ 56.932″ E 194 51° 20′ 48.859″
                                                  N 0° 56′ 14.060″ E
96 51° 20′ 30.486″
                                                  N 0° 53′ 58.149″ E 195 51° 20′ 47.432″
                                                  N 0° 56′ 30.037″ E
97 51° 20′ 30.389″
                                                  N 0° 53′ 58.557″ E 196 51° 20′ 47.356″
                                                  N 0° 56′ 30.457″ E
98 51° 20′ 31.727″
                                                  N 0° 54′ 3.734″ E 197 51° 20′ 46.743″
                                                  N 0° 56′ 35.249″ E
99 51° 20′ 32.193″
                                                  N 0° 54′ 5.976″ E 198 51° 20′ 46.536″
                                                  N 0° 56′ 37.296″ E
PART 2 REQUIREMENTS
Time limits
1 
The authorised development must commence no later than the
                                        expiration of five years beginning with the date this Order
                                        comes into force.
Detailed design approval
2 

(1) No phase of the authorised development may
                                                commence until details of—
(a) the layout;
(b) scale;
(c) proposed finished ground levels;
(d) external appearance;
(e) hard surfacing materials;
(f) vehicular and pedestrian access, parking and
                                                  circulation areas;
(g) refuse or other storage units, signs and
                                                  lighting;
(h) drainage, water, power and communications
                                                  cables and pipelines;
(i) programme for landscaping works; and
(j) fencing,
relating to that phase have been submitted to and
                                                approved in writing by the relevant planning
                                                authority.
(2) The details submitted must accord with—
(a) the location, order limits and grid
                                                  coordinates plan;
(b) the works plan;
(c) the principles and assessments set out in
                                                  the environmental statement; and
(d) the outline design principles, or such
                                                  variation thereof as may be approved by the
                                                  relevant planning authority pursuant to
                                                  requirement .
(3) The authorised development must be carried out in
                                                accordance with the approved details.
Battery safety management
3 

(1) Work No. 2(a) must not commence until a Battery
                                                Safety Management Plan (“BSMP”) has been submitted
                                                to and approved by the relevant planning
                                                authority.
(2) The BSMP must prescribe measures to facilitate
                                                safety during the construction, operation and
                                                decommissioning of Work No.2(a) including the
                                                transportation of new, used and replacement battery
                                                cells both to and from the authorised
                                                development.
(3) The BSMP must accord with the outline battery
                                                safety management plan.
(4) The relevant planning authority must consult with
                                                the Health and Safety Executive and Kent Fire and
                                                Rescue Service before determining an application for
                                                approval of the BSMP.
(5) The BSMP must be implemented as approved.
Phases of authorised development
4 

(1) The authorised development may not be commenced
                                                until a written scheme setting out the phases of
                                                construction of the authorised development has been
                                                submitted to and approved by the relevant planning
                                                authority.
(2) The scheme must be implemented as approved.
Landscape and biodiversity management plan
5 

(1) No phase of the authorised development may
                                                commence until a written landscape and biodiversity
                                                management plan (which accords with the outline
                                                landscape and biodiversity management plan) has been
                                                submitted to and approved by the relevant planning
                                                authority in consultation with Natural
                                                England.
(2) The landscape and biodiversity management plan
                                                must be implemented as approved.
Implementation and maintenance of landscaping
6 

(1) All landscaping works must be carried out in
                                                accordance with the landscape and biodiversity
                                                management plan approved under requirement
                                                  
                                                (landscape and biodiversity management plan), and in
                                                accordance with the relevant recommendations of
                                                appropriate British Standards.
(2) Any tree or shrub planted as part of an approved
                                                landscaping management scheme that, within a period
                                                of five years after planting, is removed, dies or
                                                becomes, in the opinion of the relevant planning
                                                authority, seriously damaged or diseased must be
                                                replaced in the first available planting season with
                                                a specimen of the same species and size as that
                                                originally planted.
Public rights of way diversions
7 

(1) No phase of the authorised development may
                                                commence until a public rights of way management
                                                plan for any sections of public rights of way shown
                                                to be temporarily closed on the access and rights of
                                                way plans for that phase has been submitted to and
                                                approved by the relevant planning authority in
                                                consultation with the relevant highway
                                                authority.
(2) The plan must include details of—
(a) measures to minimise the length of any
                                                  sections of public rights of way to be temporarily
                                                  closed; and
(b) advance publicity and signage in respect of
                                                  any sections of public rights of way to be
                                                  temporarily closed.
(3) The plan must be implemented as approved unless
                                                otherwise agreed with the relevant planning
                                                authority in consultation with the highway
                                                authority.
Fencing and other means of enclosure
8 

(1) No phase of the authorised development may
                                                commence until written details of all proposed
                                                permanent and temporary fences, walls or other means
                                                of enclosure of the connection works for that phase
                                                have been submitted to and approved by the relevant
                                                planning authority as part of the detailed design
                                                approval required by requirement 2(1).
(2) For the purposes of requirement 8(1),  “commence”
                                                includes any site preparation works.
(3) Any construction site must remain securely fenced
                                                in accordance with the approved details at all times
                                                during construction of the authorised
                                                development.
(4) Any temporary fencing must be removed on
                                                completion of the phase of construction of the
                                                authorised development for which it was used.
(5) Any approved permanent fencing must be completed
                                                before completion of the authorised
                                                development.
Surface and foul water drainage
9 

(1) No phase of the authorised development may
                                                commence until details of the surface and (if any)
                                                foul water drainage system (including means of
                                                pollution control) for that phase have been
                                                submitted to and approved by the relevant planning
                                                authority in consultation with Kent County Council
                                                as lead local flood authority and the Lower Medway
                                                Internal Drainage Board.
(2) The surface and foul water drainage system must be
                                                constructed in accordance with the approved
                                                details.
Archaeology
10 

(1) No phase of the authorised development may
                                                commence until a written scheme of archaeological
                                                investigation (which must accord with the outline
                                                written scheme of investigation) for that phase has
                                                been submitted to and approved by the relevant
                                                planning authority.
(2) For the purposes of requirement 10(1),  “commence”
                                                includes any site preparation works.
(3) In the event that site investigation is required,
                                                the scheme must include details of the
                                                following—
(a) an assessment of significance and research
                                                  questions;
(b) the programme and methodology of site
                                                  investigation and recording;
(c) the programme for post investigation
                                                  assessment;
(d) provision for analysis of the site
                                                  investigation and recording;
(e) provision for publication and dissemination
                                                  of the analysis and records of the site
                                                  investigation;
(f) provision for archive deposition of the
                                                  analysis and records of the site investigation;
                                                  and
(g) nomination of a competent person, persons or
                                                  organisation to undertake the works set out within
                                                  the written scheme of investigation.
(4) Any archaeological works or watching brief must be
                                                carried out in accordance with the approved
                                                scheme.
(5) In the event that site investigation is required,
                                                the site investigation and post investigation
                                                assessment must be completed in accordance with the
                                                programme set out in the written scheme of
                                                archaeological investigation and provision made for
                                                analysis, publication and dissemination of results
                                                and archive deposition.
Construction environmental management plan
11 

(1) No phase of the authorised development may
                                                commence until a construction environmental
                                                management plan (which must accord with the outline
                                                construction environmental management plan) for that
                                                phase has been submitted to and approved by the
                                                relevant planning authority, in consultation with
                                                the relevant highway authority and the Environment
                                                Agency.
(2) The construction environmental management plan
                                                must include the following documents relevant to the
                                                phase of the authorised development in respect of
                                                which it is submitted—
(a) site waste management plan;
(b) breeding bird protection plan;
(c) new watercourse crossing inventory;
                                                  and
(d) upgraded watercourse crossing
                                                  inventory.
(3) The construction environmental management plan
                                                must be implemented as approved.
Construction traffic management plan
12 

(1) No phase of the authorised development may
                                                commence until written details of a construction
                                                traffic management plan (which must accord with the
                                                outline construction traffic management plan) for
                                                that phase has been submitted to and approved by the
                                                relevant planning authority in consultation with the
                                                relevant highway authority.
(2) The construction traffic management plan must be
                                                implemented as approved.
Special protection area construction noise management
                                plan
13 

(1) No phase of the authorised development may
                                                commence until written details of a special
                                                protection area construction noise management plan
                                                (which must accord with the outline special
                                                protection area construction noise plan) for that
                                                phase has been submitted to and approved by the
                                                relevant planning authority.
(2) The special protection area construction noise
                                                management plan must be implemented as
                                                approved.
Protected species
14 

(1) No phase of the authorised development may
                                                commence until final pre-construction survey work
                                                has been carried out for that phase to establish
                                                whether a protected species is present on any of the
                                                land affected, or likely to be affected, by the
                                                authorised development or in any of the trees to be
                                                lopped or felled as part of that stage of the
                                                connection works.
(2) For the purposes of requirement 14(1)  “commence”
                                                includes any site preparation works.
(3) Where a protected species is shown to be present,
                                                the phase of the authorised development must not
                                                begin until, after consultation with Natural England
                                                and the relevant planning authority, a scheme of
                                                protection and mitigation measures has been
                                                submitted to and approved by the relevant planning
                                                authority.
(4) The authorised development must be carried out in
                                                accordance with the approved scheme.
(5) In this requirement,  “protected species” refers to
                                                any species defined as a European Protected Species
                                                in regulations 42 (European protected species of
                                                animals) and 46 (European protected species of
                                                plants) of the Conservation of Habitats and Species
                                                Regulations 2017  or any
                                                species to which Part I (wildlife) and Schedule 5
                                                (animals which are protected) of the Wildlife and
                                                Countryside Act 1981 
                                                applies.
Operational noise
15 

(1) No phase of the authorised development may
                                                commence until an operational noise assessment
                                                containing details of how the design of the
                                                authorised development has incorporated mitigation
                                                to ensure the operational noise rating levels as set
                                                out in the environmental statement are to be
                                                complied with for that phase has been submitted to
                                                and approved by the relevant local planning
                                                authority.
(2) The design as described in the operational noise
                                                assessment must be implemented as approved.
Local skills, supply chain and employment
16 

(1) No phase of the authorised development may
                                                commence until for that phase a skills, supply chain
                                                and employment plan in relation to the authorised
                                                development (which accords with the outline skills,
                                                supply chain and employment plan) has been submitted
                                                to and approved by the relevant planning
                                                authority.
(2) The skills, supply chain and employment plan must
                                                identify opportunities for individuals and
                                                businesses to access employment and supply chain
                                                opportunities associated with the construction,
                                                operation and maintenance of the authorised
                                                development, and the means for publicising such
                                                opportunities.
(3) The skills and employment plans must be
                                                implemented as approved.
Decommissioning
17 

(1) Within 14 days of the date of final commissioning
                                                the undertaker must serve written notice on the
                                                relevant planning authority and the Environment
                                                Agency of the date of final commissioning.
(2) No later than the 35th anniversary of the date of
                                                final commissioning, the undertaker and Environment
                                                Agency must—
(a) undertake a review of the progress made by
                                                  the Environment Agency in respect of managed
                                                  realignment of the existing flood defence, with
                                                  particular regard to the timescales for
                                                  achieving—
(i) all necessary consents and approvals;
(ii) all the land and/or rights over land;
                                                  and
(iii) funding required for managed realignment of
                                                  the existing flood defence; and
(b) as soon as reasonably practicable following
                                                  that review, submit a managed realignment
                                                  programme to the relevant planning authority,
                                                  which sets out the timescales for achieving the
                                                  matters prescribed in sub-paragraphs  to
                                                  
                                                  inclusively and the anticipated date by which the
                                                  parts of the authorised development required for
                                                  managed realignment of the existing flood defence
                                                  must be decommissioned.
(3) If the Environment Agency is unable to satisfy the
                                                requirements of sub-paragraph  on or before the
                                                35th anniversary of the date of final commissioning,
                                                the process set out in that sub-paragraph must be
                                                repeated every five years thereafter until the
                                                Environment Agency is able to submit a managed
                                                realignment programme to the relevant planning
                                                authority compliant with that sub-paragraph.
(4) The Environment Agency must consult, and have
                                                regard to any representations received from, the
                                                undertaker in respect of the managed realignment
                                                programme before it is submitted to the relevant
                                                planning authority and if the undertaker and
                                                Environment Agency cannot agree the timescales to be
                                                included in the managed realignment programme those
                                                timescales shall be determined pursuant to article
                                                35 (arbitration).
(5) The Environment Agency may submit an application
                                                to the relevant planning authority for a
                                                decommissioning notice to be served on the
                                                undertaker in accordance with the managed
                                                realignment programme submitted pursuant to
                                                sub-paragraph  or  provided that it has first
                                                consulted, and had regard to, any submissions on the
                                                application made by the undertaker.
(6) The application made pursuant to sub-paragraph
                                                   must
                                                be accompanied by evidence that the Environment
                                                Agency has secured the matters prescribed in
                                                sub-paragraphs  to
                                                  
                                                inclusively.
(7) Within eight weeks of receiving an application
                                                pursuant to sub-paragraph , or such other timescale as
                                                may be agreed in advance with the undertaker, the
                                                relevant planning authority must serve the
                                                decommissioning notice on the undertaker.
(8) Before serving the decommissioning notice, the
                                                relevant planning authority must—
(a) be satisfied on the evidence before it that
                                                  the Environment Agency has secured the matters
                                                  prescribed in sub-paragraphs 
                                                  to 
                                                  inclusively; and
(b) consult, and have regard to, any submissions
                                                  made by the undertaker.
(9) The decommissioning notice must—
(a) give reasons for the relevant planning
                                                  authority determining that the Environment Agency
                                                  has secured the matters prescribed in
                                                  sub-paragraphs  to
                                                  
                                                  inclusively;
(b) include a plan detailing the extent of land
                                                  within the Order limits required for managed
                                                  realignment of the existing flood defence;
(c) not be served—
(i) within a period of 40 years from the date of
                                                  final commissioning, or until such later time as
                                                  any appeal, arbitration or judicial review of any
                                                  decommissioning notice served pursuant to this
                                                  Requirement has been determined, and provide that
                                                  the authorised development may continue to
                                                  generate and store electricity on a commercial
                                                  basis until the later of those periods has been
                                                  determined; and
(ii) in respect of any land within the Order
                                                  limits that is not required for managed
                                                  realignment of the existing flood defence as shown
                                                  on the plan required by  of this sub-paragraph.
(10) The undertaker must submit the decommissioning and
                                                restoration plan to the relevant planning authority
                                                for approval within 3 months of the earlier
                                                of—
(a) all or part of the Order land ceasing to be
                                                  used for the purposes of electricity generation or
                                                  storage (either actively generating electricity or
                                                  being available to generate electricity on a
                                                  standby basis);
(b) the date of the decommissioning notice
                                                  served pursuant to sub-paragraph ; or
(c) such other timescale as may be approved by
                                                  the relevant planning authority in writing.
(11) The decommissioning and restoration plan required
                                                by sub-paragraph  must—
(a) accord with the outline decommissioning and
                                                  restoration plan;
(b) state the date by which the authorised
                                                  development will be decommissioned; and
(c) not require the undertaker to decommission
                                                  the existing flood defence located within the
                                                  Order limits.
(12) The decommissioning and restoration plan required
                                                must be implemented as approved.
(13) In this requirement the following definitions have
                                                effect—
 “date of final commissioning” means the date
                                                  on which the authorised development commences
                                                  operation by generating electricity on a
                                                  commercial basis but excluding the generation of
                                                  electricity during commissioning and
                                                  testing;
 “decommissioning and restoration plan” means
                                                  the decommissioning and restoration plan approved
                                                  by the relevant planning authority pursuant to
                                                  sub-paragraph  which sets out how the
                                                  authorised development should be decommissioned
                                                  and the specification to which the land should be
                                                  restored having regard to the outline
                                                  decommissioning and restoration plan and whether
                                                  or not that land is required for managed
                                                  realignment of the existing flood defence;
 “decommissioning notice” means the notice to
                                                  be served by the relevant planning authority on
                                                  the undertaker pursuant to sub-paragraph
                                                  
                                                  which confirms the requirement for the authorised
                                                  development to be decommissioned having regard to
                                                  the managed realignment programme and the matters
                                                  prescribed in sub-paragraph ;
 “managed realignment of the existing flood
                                                  defence” means the physical realignment of the
                                                  existing flood defence located within the Order
                                                  limits (that would require the removal of all or
                                                  any part of Work No. 1, 2 and 3) as it exists at
                                                  the date of this Order and as described in the
                                                  Medway Estuary and Swale Strategy published on 10
                                                  September 2019 or as otherwise agreed between the
                                                  undertaker and the Environment Agency, or
                                                  determined by article 35 (arbitration); and
 “managed realignment programme” means the
                                                  managed realignment programme required to be
                                                  submitted to the relevant planning authority by
                                                  the Environment Agency pursuant to sub-paragraph
                                                   or
                                                  
                                                  which sets out the timescales within which the
                                                  Environment Agency reasonably expects the matters
                                                  prescribed in sub-paragraphs 
                                                  to 
                                                  inclusively to be secured such that managed
                                                  realignment of the existing flood defence can be
                                                  achieved.
Requirement for written approval
18 
Where the approval, agreement or confirmation of the
                                        relevant planning authority or another person is required
                                        under a requirement, that approval, agreement or
                                        confirmation must be given in writing.
Amendments to approved details
19 

(1) With respect to any requirement which requires the
                                                authorised development to be carried out in
                                                accordance with the details approved by the relevant
                                                planning authority or another person, the approved
                                                details must be carried out as approved unless an
                                                amendment or variation is previously agreed in
                                                writing by the relevant planning authority or that
                                                other person in accordance with sub-paragraph
                                                  .
(2) Any amendments to or variations from the approved
                                                details must be in accordance with the principles
                                                and assessments set out in the environmental
                                                statement. Such agreement may only be given in
                                                relation to immaterial changes where it has been
                                                demonstrated to the satisfaction of the relevant
                                                planning authority or that other person that the
                                                subject matter of the agreement sought is unlikely
                                                to give rise to any materially new or materially
                                                different environmental effects from those assessed
                                                in the environmental statement.
(3) The approved details must be taken to include any
                                                amendments that may subsequently be approved in
                                                writing by the relevant planning authority or that
                                                other person.
Consultation
20 
Where the relevant planning authority is required by this
                                        Order or other statute to consult with another person or
                                        body prior to discharging a requirement, the undertaker must
                                        consult with such person or body prior to making an
                                        application to discharge the requirement.
PART 3 PROCEDURE FOR DISCHARGE OF REQUIREMENTS
Interpretation
21 
In this Part of this Schedule,  “discharging authority”
                                        means—
(a) any body responsible for giving any consent,
                                                agreement or approval required by a requirement
                                                included in Part 2 of this Schedule, or for giving
                                                any consent, agreement or approval further to any
                                                document referred to in any such requirement;
                                                or
(b) the local authority in the exercise of its
                                                functions set out in sections 60 (control of noise
                                                on construction sites) and 61 (prior consent for
                                                work on construction sites) of the Control of
                                                Pollution Act 1974 subsequently referred to as  “the
                                                1974 Act”.
Applications made under requirements
22 

(1) Where an application has been made to the
                                                discharging authority for any consent, agreement or
                                                approval required by a requirement contained in Part
                                                2 of this Schedule, or for any consent, agreement or
                                                approval further to any document referred to in any
                                                such requirement, the discharging authority must
                                                give notice to the undertaker of its decision on the
                                                application within a period of eight weeks beginning
                                                with—
(a) the day immediately following that on which
                                                  the application is received by the discharging
                                                  authority; or
(b) where further information is requested under
                                                  paragraph , the day immediately following
                                                  that on which the further information has been
                                                  supplied by the undertaker, or such longer period
                                                  as may be agreed in writing by the undertaker and
                                                  the discharging authority.
(2) In determining any application made to the
                                                discharging authority for any consent, agreement or
                                                approval required by a requirement contained in Part
                                                2 of this Schedule, the discharging authority
                                                may—
(a) give or refuse its consent, agreement or
                                                  approval; or
(b) give its consent, agreement or approval
                                                  subject to reasonable conditions,
and where consent, agreement or approval is
                                                refused or granted subject to conditions the
                                                discharging authority must provide its reasons for
                                                that decision with the notice of the
                                                decision.
Further information regarding requirements
23 

(1) In relation to any application referred to in
                                                paragraph , the discharging authority may
                                                request such further information from the undertaker
                                                as it considers necessary to enable it to consider
                                                the application.
(2) If the discharging authority considers that
                                                further information is necessary and the requirement
                                                concerned contained in Part 2 of this Schedule does
                                                not specify that consultation with a consultee is
                                                required, the discharging authority must, within ten
                                                business days of receipt of the application, notify
                                                the undertaker in writing specifying the further
                                                information required.
(3) If the requirement concerned contained in Part 2
                                                of this Schedule specifies that consultation with a
                                                consultee is required, the discharging authority
                                                must issue the application to the consultee within
                                                five business days of receipt of the application,
                                                and notify the undertaker in writing specifying any
                                                further information requested by the consultee
                                                within five business days of receipt of such a
                                                request.
(4) If the discharging authority does not give the
                                                notification within the period specified in
                                                sub-paragraph  or  it (and the consultee, as the
                                                case may be) is deemed to have sufficient
                                                information to consider the application and is not
                                                entitled to request further information without the
                                                prior agreement of the undertaker.
Appeals
24 

(1) Where a person (“the applicant”) makes an
                                                application to a discharging authority, the
                                                applicant may appeal to the Secretary of State in
                                                the event that—
(a) the discharging authority refuses an
                                                  application for any consent, agreement or approval
                                                  required by—
(i) a requirement contained in Part 2 of this
                                                  Schedule; or
(ii) a document referred to in any requirement
                                                  contained in Part 2 of this Schedule;
(b) the discharging authority does not determine
                                                  such an application within the time period set out
                                                  in paragraph 22(1), or grants it subject to
                                                  conditions;
(c) the discharging authority issues a notice
                                                  further to sections 60 (control of noise on
                                                  construction sites) or 61 (prior consent for work
                                                  on construction sites) of the 1974 Act;
(d) on receipt of a request for further
                                                  information pursuant to paragraph  of this
                                                  Part of this Schedule, the applicant considers
                                                  that either the whole or part of the specified
                                                  information requested by the discharging authority
                                                  is not necessary for consideration of the
                                                  application; or
(e) on receipt of any further information
                                                  requested, the discharging authority notifies the
                                                  applicant that the information provided is
                                                  inadequate and requests additional information
                                                  which the applicant considers is not necessary for
                                                  consideration of the application.
(2) The appeal process is as follows—
(a) any appeal by the applicant must be made
                                                  within 42 days of the date of the notice of the
                                                  decision or determination, or (where no
                                                  determination has been made) the expiry of the
                                                  time period set out in paragraph 22(1), giving rise to
                                                  the appeal referred to in sub-paragraph
                                                  (1);
(b) the applicant must submit the appeal
                                                  documentation to the Secretary of State and must
                                                  on the same day provide copies of the appeal
                                                  documentation to the discharging authority and any
                                                  consultee specified under the relevant requirement
                                                  contained in Part 2 of this Schedule;
(c) as soon as is practicable after receiving
                                                  the appeal documentation, the Secretary of State
                                                  must appoint a person to consider the appeal (“the
                                                  appointed person”) and must notify the appeal
                                                  parties of the identity of the appointed person
                                                  and the address to which all correspondence for
                                                  the attention of the appointed person should be
                                                  sent;
(d) the discharging authority and any consultee
                                                  (if applicable) must submit their written
                                                  representations together with any other
                                                  representations to the appointed person in respect
                                                  of the appeal within ten business days of the
                                                  start date specified by the appointed person and
                                                  must ensure that copies of their written
                                                  representations and any other representations as
                                                  sent to the appointed person are sent to each
                                                  other and to the applicant on the day on which
                                                  they are submitted to the appointed person;
(e) the applicant must make any
                                                  counter-submissions to the appointed person within
                                                  ten business days of receipt of written
                                                  representations pursuant to sub-paragraph
                                                  
                                                  above; and
(f) the appointed person must make a decision
                                                  and notify it to the appeal parties, with reasons,
                                                  as soon as reasonably practicable after the end of
                                                  the ten day period for counter-submissions under
                                                  sub-paragraph .
(3) The appointment of the appointed person pursuant
                                                to sub-paragraph  may be
                                                undertaken by a person appointed by the Secretary of
                                                State for this purpose instead of by the Secretary
                                                of State.
(4) In the event that the appointed person considers
                                                that further information is necessary to enable the
                                                appointed person to consider the appeal the
                                                appointed person must as soon as practicable notify
                                                the appeal parties in writing specifying the further
                                                information required, the appeal party from whom the
                                                information is sought, and the date by which the
                                                information is to be submitted.
(5) Any further information required pursuant to
                                                sub-paragraph  must be provided by the party
                                                from whom the information is sought to the appointed
                                                person and to the other appeal parties by the date
                                                specified by the appointed person. The appointed
                                                person must notify the appeal parties of the revised
                                                timetable for the appeal on or before that day. The
                                                revised timetable for the appeal must require
                                                submission of written representations to the
                                                appointed person within ten business days of the
                                                date specified by the appointed person, but must
                                                otherwise be in accordance with the process and time
                                                limits set out in sub-paragraphs  to
                                                  .
(6) On an appeal under this paragraph, the appointed
                                                person may—
(a) allow or dismiss the appeal; or
(b) reverse or vary any part of the decision of
                                                  the discharging authority (whether the appeal
                                                  relates to that part of it or not),
and may deal with the application as if it had
                                                been made to the appointed person in the first
                                                instance.
(7) The appointed person may proceed to a decision on
                                                an appeal taking into account such written
                                                representations as have been sent within the
                                                relevant time limits and in the sole discretion of
                                                the appointed person such written representations as
                                                have been sent outside of the relevant time
                                                limits.
(8) The appointed person may proceed to a decision
                                                even though no written representations have been
                                                made within the relevant time limits, if it appears
                                                to the appointed person that there is sufficient
                                                material to enable a decision to be made on the
                                                merits of the case.
(9) The decision of the appointed person on an appeal
                                                is final and binding on the parties, and a court may
                                                entertain proceedings for questioning the decision
                                                only if the proceedings are brought by a claim for a
                                                judicial review.
(10) If an approval is given by the appointed person
                                                pursuant to this Part of this Schedule, it is deemed
                                                to be an approval for the purpose of Part 2 of this
                                                Schedule as if it had been given by the discharging
                                                authority. The discharging authority may confirm any
                                                determination given by the appointed person in
                                                identical form in writing, but a failure to give
                                                such confirmation (or a failure to give it in
                                                identical form) is not to be taken to affect or
                                                invalidate the effect of the appointed person's
                                                determination.
(11) Save where a direction is given pursuant to
                                                sub-paragraph  requiring the costs of the
                                                appointed person to be paid by the discharging
                                                authority, the reasonable costs of the appointed
                                                person are to be met by the applicant.
(12) On application by the discharging authority or the
                                                applicant, the appointed person may give directions
                                                as to the costs of the appeal and as to the parties
                                                by whom the costs of the appeal are to be paid. In
                                                considering whether to make any such direction and
                                                the terms on which it is to be made, the appointed
                                                person must have regard to relevant guidance on the
                                                Planning Practice Guidance website or any official
                                                circular or guidance which may from time to time
                                                replace it.
SCHEDULE 2
STREETS SUBJECT TO STREET WORKS

Article 8

(1)Area (2)Street subject to street works
Swale Borough A farm track between the two
                                        points marked E and a point marked G and coloured yellow on
                                        figure 2 of the streets and access plan
Swale Borough An existing track between the
                                        two points marked A and coloured green on figure 3 of the
                                        streets and access plan
Swale Borough An existing track between the
                                        two points marked B and coloured orange on figure 3 of the
                                        streets and access plan
Swale Borough An existing track between the
                                        two points marked D and coloured yellow on figure 3 of the
                                        streets and access plan
Swale Borough A farm track between the two
                                        points marked E and G and coloured yellow on figure 3 of the
                                        streets and access plan
Canterbury City A
                                        farm track between the two points marked F and coloured
                                        yellow on figure 3 of the streets and access plan
SCHEDULE 3
STREETS TO BE TEMPORARILY STOPPED UP

Article 10

(1)Area (2)Street to be temporarily stopped
                                                  up (3)Extent of temporary stopping up
Swale Borough A farm track coloured yellow on
                                        figure 2 of the streets and access plan Between the two points marked E
                                        and a point marked G and coloured yellow on figure 2 of the
                                        streets and access plan
Swale Borough An existing track coloured
                                        green on figure 3 of the streets and access plan Between the two points marked A
                                        on figure 3 of the streets and access plan
Swale Borough An existing track coloured
                                        orange on figure 3 of the streets and access plan Between the two points marked B
                                        on figure 3 of the streets and access plan
Swale Borough An existing track coloured
                                        yellow on figure 3 of the streets and access plan Between the two points marked D
                                        on figure 3 of the streets and access plan
Swale Borough A farm track coloured yellow on
                                        figure 3 of the streets and access plan Between the two points marked E
                                        and G on figure 3 of the streets and access plan
Canterbury City A
                                        farm track coloured yellow on figure 3 of the streets and
                                        access plan Between the two points marked F on figure 3 of the streets
                                        and access plan
SCHEDULE 4
PUBLIC RIGHTS OF WAY TO BE TEMPORARILY STOPPED UP

Article 11

(1)Area (2)Public right of way to be temporarily
                                                  stopped up (3)Extent of temporary stopping up
Swale Borough Footpath ZR 484 (Saxon Shore
                                        Way) Between the points marked A as
                                        shown on figures 2 and 3 of the rights of way plan
Swale Borough Footpath ZR 485 Between the points marked B as
                                        shown on figure 2 of the rights of way plan
Swale Borough Footpath ZR 488 Between the points marked C as
                                        shown on figure 3 of the rights of way plan
Swale Borough Footpath ZR 692 Between the points marked D as
                                        shown on figure 3 of the rights of way plan
Canterbury City Footpath CW90 Between the points marked E as
                                        shown on figure 3 of the rights of way plan
Canterbury City Footpath CW55 (Saxon Shore Way) Between the points marked F as shown on figure 3 of the
                                        rights of way plan
SCHEDULE 5
LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED

Article 18

(1)Plot number(s) (2)Work No. (3)Purpose for which rights may be
                                                  acquired
3/06, 3/06B, 3/07, 3/07A, 3/07B, 3/08, 3/08A 5 
Rights to install, use, protect, inspect, alter,
                                                remove, replace, improve and maintain electrical
                                                underground cables, telecommunications cables and
                                                other services including rights of access without or
                                                without vehicles, plant and machinery for all
                                                purposes in connection with the construction, use,
                                                maintenance and decommissioning of the authorised
                                                development.
Restrictions on erecting buildings or structures,
                                                altering ground levels, planting trees or carrying
                                                out operations or actions (including but not limited
                                                to blasting and piling) which may obstruct,
                                                interrupt, or interfere with the exercise of the
                                                rights.

3/06, 3/10, 3/12, 3/13 7, 9 
Rights to use, alter, improve and maintain an
                                                existing means of access including rights of access
                                                with or without vehicles, plant and machinery for
                                                all purposes in connection with the construction,
                                                use, maintenance and decommissioning of the
                                                authorised development.
Restrictions on erecting buildings or structures,
                                                altering ground levels, planting trees or carrying
                                                out operations or actions (including but not limited
                                                to blasting and piling) which may obstruct,
                                                interrupt, or interfere with the exercise of the
                                                rights.

3/11 8 
Rights to create, manage, alter, improve and
                                                maintain a habitat management area including rights
                                                of access without or without vehicles, plant and
                                                machinery for all purposes in connection with the
                                                construction, use, maintenance and decommissioning
                                                of the authorised development.
Restrictions on erecting buildings or structures,
                                                altering ground levels or carrying out operations or
                                                actions which may obstruct, interrupt, or interfere
                                                with the exercise of the rights.

1/01, 1/02, 1/03, 1/06, 1/07,
                                        1/08, 1/09, 1/10, 2/01, 2/02, 2/03, 2/05, 2/06, 2/07, 2/08,
                                        2/09, 2/10, 2/11, 2/12, 2/13, 2/14, 2/15, 2/16, 2/17, 2/18,
                                        2/19, 2/20, 2/21, 2/22, 2/23, 2/24, 2/25, 2/26, 2/27, 2/28,
                                        3/01, 3/01A, 3/01B, 3/02, 3/02A, 3/02B, 3/03, 3/03A, 3/03B,
                                        3/10, 3/11, 4/01, 4/02, 4/03, 4/04, 4/05, 4/06 9 
Rights to inspect, maintain, repair, alter, remove
                                                and reconstruct the flood defences including rights
                                                of access without or without vehicles, plant and
                                                machinery for all purposes in connection with the
                                                construction, use, maintenance and decommissioning
                                                of the authorised development.
Restrictions on erecting buildings or structures,
                                                altering ground levels or carrying out operations or
                                                actions which may obstruct, interrupt, or interfere
                                                with the exercise of the rights.

SCHEDULE 6
MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR THE
                        CREATION OF NEW RIGHTS AND IMPOSITION OF NEW RESTRICTIVE COVENANTS

Article 18
1 
The enactments for the time being in force with respect to
                                compensation for the compulsory purchase of land apply, with the
                                necessary modifications as respects compensation, in the case of a
                                compulsory acquisition under this Order of a right by the creation
                                of a new right or the imposition of a restrictive covenant as they
                                apply as respects compensation on the compulsory purchase of land
                                and interests in land.
2 

(1) Without limitation to the scope of paragraph , the Land Compensation Act
                                            1973  has effect subject to
                                        the modifications set out in sub-paragraph .
(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
(a) for the words  “land is acquired or taken from”
                                                there is substituted the words “
                      a right or
                                                restrictive covenant over land is purchased from or
                                                imposed on
                    ”; and
(b) for the words  “acquired or taken from him” there
                                                is substituted the words “
                      over which the right is
                                                exercisable or the restrictive covenant
                                                enforceable
                    ”.
3 

(1) Without limitation on the scope of paragraph , the 1961 Act has effect
                                        subject to the modification set out in sub-paragraph
                                        (2).
(2) For section 5A(5A) (relevant valuation date) of the 1961
                                        Act, substitute—“
(5A) If—
(a) the acquiring authority enters on land for
                                                  the purpose of exercising a right in pursuance of
                                                  a notice of entry under section 11(1) of the 1965
                                                  Act (as modified by paragraph  of Schedule 7 to the
                                                  Cleve Hill Solar Park Order 2020);
(b) the acquiring authority is subsequently
                                                  required by a determination under paragraph 13 of
                                                  Schedule 2A to the 1965 Act (as substituted by
                                                  paragraph  of Schedule 7 to the Cleve Hill
                                                  Solar Park Order 2020)to acquire an interest in
                                                  the land; and
(c) the acquiring authority enters on and takes
                                                  possession of that land
the authority is deemed for the purposes of
                                                  subsection (3)(a) to have entered on that land
                                                  where it entered on that land for the purpose of
                                                  exercising that right.”.
Application of Part 1 the 1965 Act
4 

(1) The 1965 Act is to have effect with the modifications
                                            necessary to make it apply to the compulsory acquisition
                                            under this Order of a right by the creation of a new
                                            right, or to the imposition under this Order of a
                                            restrictive covenant, as it applies to the compulsory
                                            acquisition under this Order of land, so that, in
                                            appropriate contexts, references in that Act to land are
                                            read (according to the requirements of the particular
                                            context) as referring to, or as including references
                                            to—
(a) the right acquired or to be acquired, or the
                                                  restriction imposed or to be imposed; or
(b) the land over which the right is or is to be
                                                  exercisable, or the restriction is to be
                                                  enforceable.
(2) Without limitation on the scope of sub-paragraph
                                                (1), Part 1 (compulsory purchase
                                            under Acquisition of Land Act 1946) of the 1965 Act
                                            applies in relation to the compulsory acquisition under
                                            this Order of a right by the creation of a new right or,
                                            in relation to the imposition of a restriction, with the
                                            modifications specified in the following provisions of
                                            this Schedule.
5 
For section 7 (measure of compensation in the case of
                                    severance) of the 1965 Act there is substituted the following
                                    section—“
7 
In assessing the compensation to be paid by the
                                                acquiring authority under this Act, regard shall be
                                                had not only to the extent (if any) to which the
                                                value of the land over which the right is to be
                                                acquired or the restrictive covenant is to be
                                                imposed is depreciated by the acquisition of the
                                                right or the imposition of the covenant but also to
                                                the damage (if any) to be sustained by the owner of
                                                the land by reason of its severance from other land
                                                of the owner, or injuriously affecting that other
                                                land by the exercise of the powers conferred by this
                                                or the special Act.”.
6 
The following provisions of the 1965 Act (which state the
                                    effect of a deed poll executed in various circumstances where
                                    there is no conveyance by persons with interests in the land),
                                    that is to say—
(a) section 9(4) (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 so modified as to secure that, as against persons with
                                    interests in the land which are expressed to be overridden by
                                    the deed, the right which is to be compulsorily acquired or the
                                    restrictive covenant which is to be imposed is vested absolutely
                                    in the acquiring authority.
7 
Section 11 (powers of entry) of the 1965 Act is so modified as
                                    to secure that, as from the date on which 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 19), it has power, exercisable in
                                    equivalent circumstances and subject to equivalent conditions,
                                    to enter for the purpose of exercising that right or enforcing
                                    that restrictive covenant (which is deemed for this purpose to
                                    have been created on the date of service of the notice); and
                                    sections 11A (powers of entry: further notices of entry), 11B
                                    (counter-notice requiring possession to be taken on specified
                                    date), 12 (penalty for unauthorised entry) and 13 (entry on
                                    warrant in the event of obstruction) of the 1965 Act is modified
                                    correspondingly.
8 
Section 20 (protection for interests of tenants at will, etc.)
                                    of the 1965 Act applies with the modifications necessary to
                                    secure that persons with such interests in land as are mentioned
                                    in that section are compensated in a manner corresponding to
                                    that in which they would be compensated on a compulsory
                                    acquisition under this Order of that land, but taking into
                                    account only the extent (if any) of such interference with such
                                    an interest as is actually caused, or likely to be caused, by
                                    the exercise of the right or the enforcement of the restrictive
                                    covenant in question.
9 
Section 22 (protection of acquiring authority's possession
                                    where by inadvertence an estate, right or interest has not been
                                    got in) of the 1965 Act as modified by article 22(4) is so
                                    modified as to enable the acquiring authority, in circumstances
                                    corresponding to those referred to in that section, to continue
                                    to be entitled to exercise the right acquired or restrictive
                                    covenant imposed, subject to compliance with that section as
                                    respects compensation.
10 
For Schedule 2A (counter notice requiring purchase of land not
                                    in notice to treat) to the 1965 Act substitute—“
SCHEDULE 2A
COUNTER-NOTICE REQUIRING PURCHASE OF LAND
Introduction
1 

(1) This Schedule applies where an acquiring
                                                  authority serve a notice to treat in respect of a
                                                  right over, or restrictive covenant affecting, the
                                                  whole or part of a house, building or factory and
                                                  have not executed a general vesting declaration
                                                  under section 4 of the 1981 Act as applied by
                                                  article 20 (application of the 1981 Act) of the
                                                  Cleve Hill Solar Park Order 2020 in respect of the
                                                  land to which the notice to treat relates.
(2) But see article 21(3) (acquisition of
                                                  subsoil only) of the Cleve Hill Solar Park Order
                                                  2020 which excludes the acquisition of subsoil
                                                  only from this Schedule.
2 
In this Schedule,  “house” includes any park
                                                  or garden belonging to a house.
Counter-notice requiring purchase of
                                                  land
3 
A person who is able to sell the house,
                                                  building or factory (“the owner”) may serve a
                                                  counter-notice requiring the authority to purchase
                                                  the owner's interest in the house, building or
                                                  factory.
4 
A counter-notice under paragraph 3 must be
                                                  served within the period of 28 days beginning with
                                                  the day on which the notice to treat was
                                                  served.
Response to counter-notice
5 
On receiving a counter-notice, the acquiring
                                                  authority must decide whether to—
(a) withdraw the notice to treat,
(b) accept the counter-notice, or
(c) refer the counter-notice to the Upper
                                                  Tribunal.
6 
The authority must serve notice of their
                                                  decision on the owner within the period of 3
                                                  months beginning with the day on which the
                                                  counter-notice is served (“the decision
                                                  period”).
7 
If the authority decides to refer the
                                                  counter-notice to the Upper Tribunal they must do
                                                  so within the decision period.
8 
If the authority does not serve notice of a
                                                  decision within the decision period they are to be
                                                  treated as if they had served notice of a decision
                                                  to withdraw the notice to treat at the end of that
                                                  period.
9 
If the authority serves notice of a decision
                                                  to accept the counter-notice, the compulsory
                                                  purchase order and the notice to treat are to have
                                                  effect as if they included the owner's interest in
                                                  the house, building or factory.
Determination by the Upper Tribunal
10 
On a referral under paragraph 7, the Upper
                                                  Tribunal must determine whether the acquisition of
                                                  the right or the imposition of the restrictive
                                                  covenant would—
(a) in the case of a house, building or factory,
                                                  cause material detriment to the house, building or
                                                  factory, or
(b) in the case of a park or garden, seriously
                                                  affect the amenity or convenience of the house to
                                                  which the park or garden belongs.
11 
In making its determination, the Upper
                                                  Tribunal must take into account—
(a) the effect of the acquisition of the right
                                                  or the imposition of the covenant,
(b) the use to be made of the right or covenant
                                                  proposed to be acquired or imposed, and
(c) if the right or covenant is proposed to be
                                                  acquired or imposed for works or other purposes
                                                  extending to other land, the effect of the whole
                                                  of the works and the use of the other land.
12 
If the Upper Tribunal determines that the
                                                  acquisition of the right or the imposition of the
                                                  covenant would have either of the consequences
                                                  described in paragraph 10, it must determine how
                                                  much of the house, building or factory the
                                                  authority ought to be required to take.
13 
If the Upper Tribunal determines that the
                                                  authority ought to be required to take some or all
                                                  of the house, building or factory, the compulsory
                                                  purchase order and the notice to treat are to have
                                                  effect as if they included the owner's interest in
                                                  that land.
14 

(1) If the Upper Tribunal determines that the
                                                  authority ought to be required to take some or all
                                                  of the house, building or factory, the authority
                                                  may at any time within the period of 6 weeks
                                                  beginning with the day on which the Upper Tribunal
                                                  makes its determination withdraw the notice to
                                                  treat in relation to that land.
(2) If the acquiring authority withdraws the
                                                  notice to treat under this paragraph they must pay
                                                  the person on whom the notice was served
                                                  compensation for any loss or expense caused by the
                                                  giving and withdrawal of the notice.
(3) Any dispute as to the compensation is to be
                                                  determined by the Upper Tribunal.”.
SCHEDULE 7
PROTECTIVE PROVISIONS

Article 38
PART 1 PROTECTION FOR ELECTRICITY, GAS, WATER AND SEWERAGE
                            UNDERTAKERS
Application
1 
For the protection of the affected undertakers referred to
                                        in this Part of this Schedule (save for National Grid which
                                        is protected by Part 2 of this Schedule, ... and UKPN which is protected by Part 6 of this
                                        Schedule) the following provisions have effect, unless
                                        otherwise agreed in writing between the undertaker and the
                                        affected undertaker concerned.
2 
In this Part of this Schedule—
 “affected undertaker” means—

(a) any licence holder within the meaning of
                                                  Part 1 (electricity supply) of the 1989
                                                  Act;
(b) a gas transporter within the meaning of Part
                                                  1 (gas supply) of the Gas Act 1986 ;
(c) a water undertaker within the meaning of the
                                                  Water Industry Act 1991 ; or
(d) a sewerage undertaker within the meaning of
                                                  Part 1 (preliminary) of the Water Industry Act
                                                  1991,for the area of the authorised development
                                                  but, for the avoidance of doubt, does not include
                                                  the undertaker specified in Part 2 (National Grid)
                                                  of this Schedule, and in relation to any
                                                  apparatus, means the undertaker to whom it belongs
                                                  or by whom it is maintained;
 “alternative apparatus” means alternative
                                                  apparatus adequate to enable the affected
                                                  undertaker in question to fulfil its statutory
                                                  functions in a manner not less efficient than
                                                  previously;
 “apparatus” means—

(a) in the case of an electricity undertaker,
                                                  electric lines or electrical plant (as defined in
                                                  the 1989 Act), belonging to or maintained by that
                                                  affected undertaker;
(b) in the case of a gas undertaker, any mains,
                                                  pipes or other apparatus belonging to or
                                                  maintained by a gas transporter for the purposes
                                                  of gas supply;
(c) in the case of a water undertaker—
(i) mains, pipes or other apparatus belonging to
                                                  or maintained by that affected undertaker for the
                                                  purposes of water supply; and
(ii) any water mains or service pipes (or part of
                                                  a water main or service pipe) that is the subject
                                                  of an agreement to adopt made under section 51A
                                                  (agreements to adopt water main or service pipe at
                                                  future date) of the Water Industry Act
                                                  1991;
(d) in the case of a sewerage undertaker—
(i) any drain or works vested in the affected
                                                  undertaker under the Water Industry Act 1991;
                                                  and
(ii) any sewer which is so vested or is the
                                                  subject of a notice of intention to adopt given
                                                  under section 102(4) (adoption of sewers and
                                                  disposal works) of that Act or an agreement to
                                                  adopt made under section 104 of that Act,and includes a sludge main, disposal main
                                                  (within the meaning of section 219 (general
                                                  interpretation) of that Act) or sewer outfall and
                                                  any manholes, ventilating shafts, pumps or other
                                                  accessories forming part of any such sewer, drain
                                                  or works, and includes any structure in which
                                                  apparatus is or is to be lodged or which gives or
                                                  will give access to apparatus;
 “functions” includes powers and duties;
                                                  and
 “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.
Precedence of the 1991 Act in respect of apparatus in the
                                streets
3 
This Part of this Schedule does not apply to apparatus in
                                        respect of which the relations between the undertaker and
                                        the affected undertaker are regulated by the provisions of
                                        Part 3 (water supply) of the 1991 Act.
No acquisition etc. except by agreement
4 
Regardless of any provision in this Order or anything
                                        shown on the land plan, the undertaker must not acquire any
                                        apparatus otherwise than by agreement.
Removal of apparatus
5 

(1) If, in the exercise of the powers conferred by
                                                this Order, the undertaker acquires any interest in
                                                any land in which any apparatus is placed, that
                                                apparatus must not be removed under this Part of
                                                this Schedule and any right of an affected
                                                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 affected undertaker
                                                in question.
(2) If, for the purpose of executing any works in, on
                                                or under any land purchased, held, or used under
                                                this Order, the undertaker requires the removal of
                                                any apparatus placed in that land, it must give to
                                                the affected undertaker in question written notice
                                                of that requirement, together with a plan and
                                                section of the work proposed, and of the proposed
                                                position of the alternative apparatus to be provided
                                                or constructed and in that case (or if in
                                                consequence of the exercise of any of the powers
                                                conferred by this Order an affected undertaker
                                                reasonably needs to remove any of its apparatus) the
                                                undertaker must, subject to sub-paragraph
                                                  ,
                                                afford to the affected 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 , in the land in
                                                which the alternative apparatus or part of such
                                                apparatus is to be constructed, the affected
                                                undertaker in question must, on receipt of a written
                                                notice to that effect from the undertaker, as soon
                                                as reasonably possible use reasonable 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
                                                affected undertaker in question and the undertaker
                                                or in default of agreement settled by arbitration in
                                                accordance with article 35 (arbitration).
(5) The affected undertaker in question must, after
                                                the alternative apparatus to be provided or
                                                constructed has been agreed or settled by
                                                arbitration in accordance with article
                                                  35 (arbitration) and
                                                after the grant to the affected undertaker of any
                                                such facilities and rights as are referred to in
                                                sub-paragraph  or , 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
                                                  , if
                                                the undertaker gives notice in writing to the
                                                affected undertaker in question that it desires
                                                itself to execute any work, or part of any work in
                                                connection with the construction or removal of
                                                apparatus in any land controlled by the undertaker,
                                                that work, instead of being executed by the affected
                                                undertaker, must be executed by the undertaker
                                                without unnecessary delay under the superintendence,
                                                if given, and to the reasonable satisfaction of the
                                                affected undertaker.
(7) Nothing in sub-paragraph  authorises the
                                                undertaker to execute the placing, installation,
                                                bedding, packing, removal, connection or
                                                disconnection of any apparatus, or execute any
                                                filling around the apparatus (where the apparatus is
                                                laid in a trench) within 300 millimetres of the
                                                apparatus.
Facilities and rights for alternative apparatus
6 

(1) Where, in accordance with the provisions of this
                                                Part of this Schedule, the undertaker affords to an
                                                affected 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 must be granted upon such terms and
                                                conditions as may be agreed between the undertaker
                                                and the affected undertaker in question or in
                                                default of agreement settled by arbitration in
                                                accordance with article 35 (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 affected 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 affected undertaker as appears to the
                                                arbitrator to be reasonable having regard to all the
                                                circumstances of the particular case.
Retained apparatus
7 

(1) Not less than 28 days before starting the
                                                execution of any works of the type referred to in
                                                paragraph  that are near to, or will or
                                                may affect, any apparatus the removal of which has
                                                not been required by the undertaker under paragraph
                                                  ,
                                                the undertaker must submit to the affected
                                                undertaker in question a plan, section and
                                                description of the works to be executed.
(2) Those works must be executed only in accordance
                                                with the plan, section and description submitted
                                                under sub-paragraph (1) and in accordance with such
                                                reasonable requirements as may be made in accordance
                                                with sub-paragraph  by the affected undertaker for
                                                the alteration or otherwise for the protection of
                                                the apparatus, or for securing access to it, and the
                                                affected undertaker is entitled to watch and inspect
                                                the execution of those works.
(3) Any requirements made by an affected undertaker
                                                under sub-paragraph  must be made within a period
                                                of 21 days beginning with the date on which a plan,
                                                section and description under sub-paragraph
                                                  (1) are
                                                submitted to it.
(4) If an affected undertaker in accordance with
                                                sub-paragraph  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  to  apply as if the removal of the
                                                apparatus had been required by the undertaker under
                                                paragraph .
(5) Nothing in this paragraph precludes the undertaker
                                                from submitting at any time or from time to time,
                                                but in no case less than 28 days before commencing
                                                the execution of any works, a new plan, section and
                                                description instead of the plan, section and
                                                description previously submitted, and having done so
                                                the provisions of this paragraph apply to and in
                                                respect of the new plan, section and
                                                description.
(6) The undertaker is not required to comply with
                                                sub-paragraph (1) in a case of emergency but in
                                                that case it must give to the affected undertaker in
                                                question notice as soon as is reasonably practicable
                                                and a plan, section and description of those works
                                                as soon as reasonably practicable subsequently and
                                                must comply with sub-paragraph  in so far as is
                                                reasonably practicable in the circumstances.
Expenses and costs
8 

(1) Subject to the following provisions of this
                                                paragraph, the undertaker must repay to an affected
                                                undertaker the reasonable expenses incurred by that
                                                affected 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 .
(2) There must be deducted from any sum payable under
                                                sub-paragraph (1) the value of any apparatus
                                                removed under the provisions of this Part of this
                                                Schedule, 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,
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 35 (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 affected 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 —
(a) an extension of apparatus to a length
                                                  greater than the length of existing apparatus is
                                                  not to be treated as a placing of apparatus of
                                                  greater dimensions than those of the existing
                                                  apparatus; and
(b) where the provision of a joint in a cable is
                                                  agreed, or is determined to be necessary, the
                                                  consequential provision of a jointing chamber or
                                                  of a manhole is to be treated as if it also had
                                                  been agreed or had been so determined.
(5) An amount which apart from this sub-paragraph
                                                would be payable to an affected undertaker in
                                                respect of works by virtue of sub-paragraph
                                                  (1)
                                                must, if the works include the placing of apparatus
                                                provided in substitution for apparatus placed more
                                                than 7 years and 6 months earlier so as to confer on
                                                the affected undertaker any financial benefit by
                                                deferment of the time for renewal of the apparatus
                                                in the ordinary course, be reduced by the amount
                                                which represents that benefit.
9 

(1) Subject to sub-paragraphs  and , if by reason or
                                                in consequence of the construction of any such works
                                                referred to in paragraph , any damage is caused to any
                                                apparatus (other than apparatus the repair of which
                                                is not reasonably necessary in view of its intended
                                                removal for the purposes of those works) or property
                                                of an affected undertaker, or there is any
                                                interruption in any service provided, or in the
                                                supply of any goods, by any affected undertaker, the
                                                undertaker must—
(a) bear and pay the cost reasonably incurred by
                                                  that affected undertaker in making good such
                                                  damage or restoring the supply; and
(b) provide reasonable compensation to that
                                                  affected undertaker for any other expenses, loss,
                                                  damages, penalty or costs incurred by the affected
                                                  undertaker,
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
                                                affected undertaker, its officers, servants,
                                                contractors or agents.
(3) An affected undertaker must give the undertaker
                                                reasonable notice of any such claim or demand and no
                                                settlement or compromise may be made without the
                                                consent of the undertaker which, if it withholds
                                                such consent, will have the sole conduct of any
                                                settlement or compromise or of any proceedings
                                                necessary to resist the claim or demand.
Enactments and agreements
10 
Nothing in this Part of this Schedule affects the
                                        provisions of any enactment or agreement regulating the
                                        relations between the undertaker and an affected undertaker
                                        in respect of any apparatus laid or erected in land
                                        belonging to the undertaker on the date on which this Order
                                        is made.
PART 2 FOR THE PROTECTION OF NATIONAL GRID AS ELECTRICITY UNDERTAKER
Application
1 
For the protection of National Grid referred to in this
                                        Part of this Schedule the following provisions will, unless
                                        otherwise agreed in writing between the undertaker and
                                        National Grid, have effect.
Interpretation
2 
In this Part of this Schedule—
 “alternative apparatus” means appropriate
                                                  alternative apparatus to the satisfaction of the
                                                  National Grid to enable the National Grid to
                                                  fulfil its statutory functions in a manner no less
                                                  efficient than previously;
 “apparatus” means electric lines or electrical
                                                  plant as defined in the Electricity Act 1989,
                                                  belonging to or maintained by National
                                                  Grid;
 “authorised development” has the same meaning
                                                  as in article 2 (interpretation) of this Order
                                                  (unless otherwise specified) for the purposes of
                                                  this Part of this Schedule and shall include the
                                                  use and maintenance of the authorised development
                                                  and construction of any works authorised by this
                                                  Schedule;
 “commence” has the same meaning as in article
                                                  2 of this Order and commencement shall be
                                                  construed to have the same meaning;
 “deed of consent” means a deed of consent,
                                                  crossing agreement, deed of variation or new deed
                                                  of grant agreed between the parties acting
                                                  reasonably in order to vary and/or replace
                                                  existing easements, agreements, enactments and
                                                  other such interests so as to secure land rights
                                                  and interests as are necessary to carry out,
                                                  maintain, operate and use the apparatus in a
                                                  manner consistent with the terms of this Part of
                                                  this Schedule;
 “functions” includes powers and duties;
 “ground mitigation scheme” means a scheme
                                                  approved by National Grid (such approval not to be
                                                  unreasonably withheld or delayed) setting out the
                                                  necessary mitigation measures (if any) for a
                                                  ground subsidence event;
 “ground monitoring scheme” means a scheme for
                                                  monitoring ground subsidence which sets out the
                                                  apparatus which is to be subject to such
                                                  monitoring, the extent of land to be monitored,
                                                  the manner in which ground levels are to be
                                                  monitored, the timescales of any monitoring
                                                  activities and the extent of ground subsidence
                                                  which, if exceeded, shall require the undertaker
                                                  to submit for National Grid's approval a ground
                                                  mitigation scheme;
 “ground subsidence event” means any ground
                                                  subsidence identified by the monitoring activities
                                                  set out in the ground monitoring scheme that has
                                                  exceeded the level described in the ground
                                                  monitoring scheme as requiring a ground mitigation
                                                  scheme;
 “in” in a context referring to apparatus or
                                                  alternative apparatus in land includes a reference
                                                  to apparatus or alternative apparatus under, over,
                                                  across, along or upon such land;
 “maintain” and  “maintenance” shall include the
                                                  ability and right to do any of the following in
                                                  relation to any apparatus or alternative apparatus
                                                  of the National Grid including construct, use,
                                                  repair, alter, inspect, renew or remove the
                                                  apparatus;
 “National Grid” means National Grid
                                                  Electricity Transmission PLC (Company No. 2366977)
                                                  whose registered office is at 1-3 Strand, London,
                                                  WC2N 5EH;
 “plan” or  “plans” include all designs,
                                                  drawings, specifications, method statements, soil
                                                  reports, programmes, calculations, risk
                                                  assessments and other documents that are
                                                  reasonably necessary properly and sufficiently to
                                                  describe and assess the works to be
                                                  executed;
 “specified works” means any of the authorised
                                                  development or activities undertaken in
                                                  association with the authorised development
                                                  which—
(a) will or may be situated over, or within 15
                                                  metres measured in any direction of any apparatus
                                                  the removal of which has not been required by the
                                                  undertaker under paragraph 7(2) or
                                                  otherwise; and/or
(b) may in any way adversely affect any
                                                  apparatus the removal of which has not been
                                                  required by the undertaker under paragraph
                                                  7(2) or otherwise.
3 
Except for paragraphs  (apparatus of National Grid in streets
                                        subject to temporary stopping up),  (retained apparatus:
                                        protection of National Grid as electricity undertaker)
                                             (expenses)
                                        and  (indemnity)
                                        this Schedule does not apply to apparatus in respect of
                                        which the relations between the undertaker and National Grid
                                        are regulated by the provisions of Part 3 of the 1991
                                        Act.
Apparatus of National Grid in streets subject to temporary
                                stopping up
4 

(1) Without prejudice to the generality of any other
                                                protection afforded to National Grid elsewhere in
                                                this Order, where any street is stopped up under
                                                article 10 (temporary stopping up of streets), if
                                                National Grid has any apparatus in the street or
                                                accessed via that street National Grid will be
                                                entitled to the same rights in respect of such
                                                apparatus as it enjoyed immediately before the
                                                stopping up and the undertaker will grant to
                                                National Grid, or will procure the granting to the
                                                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 or highway.
(2) Notwithstanding the temporary stopping up under
                                                the powers of article 10 (temporary stopping up of
                                                streets), National Grid will be at liberty at all
                                                times to take all necessary access across any such
                                                street and/or 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
                                                stopping up or diversion was in that street.
Protective works to buildings
5 

(1) The undertaker, in the case of the powers
                                                conferred by article 14 (protective work to
                                                buildings), must exercise those powers so as not to
                                                obstruct or render less convenient the access to any
                                                apparatus without the written consent of National
                                                Grid which will not unreasonably be withheld and, if
                                                by reason of the exercise of those powers any damage
                                                to any apparatus (other than apparatus the repair of
                                                which is not reasonably necessary in view of its
                                                intended removal or abandonment) or property of
                                                National Grid or any interruption in the supply of
                                                electricity, the undertaker must bear and pay on
                                                demand the cost reasonably incurred by National Grid
                                                in making good such damage or restoring the supply;
                                                and, subject to sub-paragraph ,
                                                shall—
(a) pay compensation to National Grid for any
                                                  loss sustained by it; and
(b) indemnify National Grid against all claims,
                                                  demands, proceedings, costs, damages and expenses
                                                  which may be made or taken against or recovered
                                                  from or incurred by National Grid, by reason of
                                                  any such damage or interruption.
(2) Nothing in this paragraph imposes any liability on
                                                the undertaker with respect to any damage or
                                                interruption to the extent that such damage or
                                                interruption is attributable to the act, neglect or
                                                default of National Grid or its contractors or
                                                workmen; and National Grid will give to the
                                                undertaker reasonable notice of any claim or demand
                                                as aforesaid and no settlement or compromise thereof
                                                shall be made by National Grid, save in respect of
                                                any payment required under a statutory compensation
                                                scheme, without first consulting the undertaker and
                                                giving the undertaker an opportunity to make
                                                representations as to the claim or demand.
Acquisition of land
6 

(1) Regardless of any provision in this Order or
                                                anything shown on the land plans or contained in the
                                                book of reference to the Order, the undertaker may
                                                not acquire any land interest or apparatus or
                                                override any easement or other interest of National
                                                Grid otherwise than by agreement (such agreement not
                                                to be unreasonably withheld).
(2) As a condition of 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 the undertaker
                                                and National Grid) that are subject to the
                                                requirements of this Part of this Schedule that will
                                                cause any conflict with or breach the terms of any
                                                easement and/or other legal or land interest of
                                                National Grid and/or 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 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 the undertaker and National
                                                Grid 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/or secure the consent and entering into of such
                                                deeds and variations by all other third parties with
                                                an interest in the land at that time who are
                                                affected by such authorised works.
(3) The undertaker and National Grid agree that where
                                                there is any inconsistency or duplication between
                                                the provisions set out in this Part of this Schedule
                                                relating to the relocation and/or removal of
                                                apparatus (including but not limited to the payment
                                                of costs and expenses relating to such relocation
                                                and/or removal of apparatus) and the provisions of
                                                any existing easement, rights, agreements and
                                                licences granted, used, enjoyed or exercised by
                                                National Grid as of right or other use in relation
                                                to the apparatus, then the provisions in this Part
                                                of this Schedule shall prevail.
(4) Any agreement or consent granted by National Grid
                                                under paragraph  or any other paragraph of this
                                                Part of this Schedule, shall not be taken to
                                                constitute agreement under sub-paragraph
                                                  (1).
Removal of apparatus
7 

(1) If, in the exercise of the agreement reached in
                                                accordance with paragraph 6 or in any other
                                                authorised manner, the undertaker acquires any
                                                interest in any Order land in which any apparatus is
                                                placed, that apparatus must not be removed under
                                                this Part of this Schedule and any right of National
                                                Grid to maintain that apparatus in that land must
                                                not be extinguished until alternative apparatus has
                                                been constructed, and is in operation to the
                                                reasonable satisfaction of National Grid in
                                                accordance with sub-paragraphs (2) to
                                                   inclusive.
(2) If, for the purpose of executing any works
                                                compromised in the authorised development in, on,
                                                under or over any land purchased, held, appropriated
                                                or used under this Order, the undertaker requires
                                                the removal of any apparatus placed in that land, it
                                                must give to National Grid 56 days' advance written
                                                notice of that requirement, together with a plan of
                                                the work proposed, and of the proposed position of
                                                the alternative apparatus to be provided or
                                                constructed and in that case (or if in consequence
                                                of the exercise of any of the powers conferred by
                                                this Order National Grid reasonably needs to remove
                                                any of its apparatus) the undertaker must, subject
                                                to sub-paragraph , afford to National
                                                Grid to its satisfaction (taking into account
                                                paragraph 8(1) below) the necessary
                                                facilities and rights—
(a) for the construction of alternative
                                                  apparatus in other land of or land 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 shall not extend to the
                                                requirement for National Grid to use its compulsory
                                                purchase powers to this end unless it elects to so
                                                do.
(4) Any alternative apparatus to be constructed in
                                                land of or land secured by the undertaker under this
                                                Part of this Schedule must be constructed in such
                                                manner and in such line or situation as may be
                                                agreed between National Grid and the
                                                undertaker.
(5) National Grid must, after the alternative
                                                apparatus to be provided or constructed has been
                                                agreed, and subject to the grant to National Grid of
                                                any such facilities and rights as are referred to in
                                                sub-paragraph (2) or , proceed without
                                                unnecessary delay to construct and bring into
                                                operation the alternative apparatus and subsequently
                                                to remove any apparatus required by the undertaker
                                                to be removed under the provisions of this Part of
                                                this Schedule.
Facilities and rights for alternative apparatus
8 

(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 in land of the undertaker 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 agreed
                                                by National Grid.
(2) If the facilities and rights to be afforded by the
                                                undertaker and agreed with National Grid under
                                                sub-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 in the matter will be
                                                referred to arbitration under paragraph
                                                  
                                                (arbitration) of this Part of this Schedule and the
                                                arbitrator shall make such provision for the payment
                                                of compensation by the undertaker to National Grid
                                                as appears to the arbitrator to be reasonable having
                                                regard to all the circumstances of the particular
                                                case. In respect of the appointment of an arbitrator
                                                under this sub-paragraph  article 35 (arbitration) of
                                                this Order shall apply.
Retained apparatus: Protection of National Grid as Electricity
                                Undertaker
9 

(1) Not less than 56 days before the commencement of
                                                any authorised development that is near to, or will
                                                or may affect, any apparatus the removal of which
                                                has not been required by the undertaker under
                                                paragraph 7(2) or otherwise and to which
                                                paragraph  or  applies, the
                                                undertaker must submit to National Grid a plan and
                                                seek from National Grid details of the underground
                                                extent of their electricity tower
                                                foundations.
(2) In relation to works which will or may be situated
                                                on, over, under or within (i) 15 metres measured in
                                                any direction of any apparatus, or (ii) involve
                                                embankment works within 15 metres of any apparatus,
                                                the plan to be submitted to National Grid under
                                                sub-paragraph (1) must include a method
                                                statement and describe—
(a) the exact position of the works;
(b) the level at which these are proposed to be
                                                  constructed or renewed;
(c) the manner of their construction or renewal
                                                  including details of excavation, positioning of
                                                  plant;
(d) the position of all apparatus;
(e) by way of detailed drawings, every
                                                  alteration proposed to be made to or close to any
                                                  such apparatus;
(f) any intended maintenance regimes; and
(g) an assessment of risks of rise of earth
                                                  issues.
(3) In relation to any works which will or may be
                                                situated on, over, under or within 10 metres of any
                                                part of the foundations of an electricity tower or
                                                between any two or more electricity towers, the plan
                                                to be submitted under sub-paragraph (1) must in addition
                                                to the matters set out in sub-paragraph
                                                  
                                                include a method statement describing—
(a) details of any cable trench design including
                                                  route, dimensions, clearance to pylon
                                                  foundations;
(b) demonstration that pylon foundations will
                                                  not be affected prior to, during and post
                                                  construction;
(c) details of load bearing capacities of
                                                  trenches;
(d) details of cable installation methodology
                                                  including access arrangements, jointing bays and
                                                  backfill methodology;
(e) a written management plan for high voltage
                                                  hazard during construction and ongoing maintenance
                                                  of the cable route;
(f) written details of the operations and
                                                  maintenance regime for the cable, including
                                                  frequency and method of access;
(g) assessment of earth rise potential if
                                                  reasonably required by the National Grid's
                                                  engineers; and
(h) evidence that trench bearing capacity is to
                                                  be designed to 26 tonnes to take the weight of
                                                  overhead line construction traffic.
(4) The undertaker must not commence any works to
                                                which sub-paragraphs (1), , or  apply until National Grid has
                                                given written approval of the plan so
                                                submitted.
(5) Any approval of National Grid required under
                                                sub-paragraphs (1), , or —
(a) may be given subject to reasonable
                                                  conditions for any purpose mentioned in
                                                  sub-paragraphs  or ; and
(b) must not be unreasonably withheld.
(6) In relation to a work to which sub-paragraphs
                                                  (1)
                                                , or
                                                  
                                                apply, National Grid may require such modifications
                                                to be made to the plans as may be reasonably
                                                necessary for the purpose of securing its apparatus
                                                against interference or risk of damage or for the
                                                purpose of providing or securing proper and
                                                convenient means of access to any apparatus.
(7) Works to which this paragraph applies must only be
                                                executed in accordance with the plan, submitted
                                                under sub-paragraph (1) or as relevant sub-paragraphs
                                                  ,
                                                   or
                                                   as
                                                approved or as amended from time to time by
                                                agreement between the undertaker and National Grid
                                                and in accordance with such reasonable requirements
                                                as may be made in accordance with sub-paragraphs
                                                  ,
                                                  ,
                                                  
                                                and/or 
                                                by National Grid for the alteration or otherwise for
                                                the protection of the apparatus, or for securing
                                                access to it, and National Grid will be entitled to
                                                watch and inspect the execution of those
                                                works.
(8) Where National Grid requires any protective works
                                                to be carried out either by itself or by the
                                                undertaker (whether of a temporary or permanent
                                                nature) such protective works, inclusive of any
                                                measures or schemes required and approved as part of
                                                the plan approved pursuant to this paragraph, must
                                                be carried out to National Grid's satisfaction prior
                                                to the commencement of any authorised development
                                                (or any relevant part thereof) to which
                                                sub-paragraph (1) applies and National Grid must
                                                give 56 days' notice of such works from the date of
                                                submission of a plan in line with sub-paragraphs
                                                  (1),
                                                  ,
                                                  or
                                                  
                                                (except in an emergency).
(9) If National Grid in accordance with sub-paragraphs
                                                   or
                                                   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  and  to  shall apply as if
                                                the removal of the apparatus had been required by
                                                the undertaker under paragraph 7(2).
(10) Nothing in this paragraph shall preclude the
                                                undertaker from submitting at any time or from time
                                                to time, but in no case less than 56 days before
                                                commencing the execution of the authorised
                                                development, a new plan, instead of the plan
                                                previously submitted, and having done so the
                                                provisions of this paragraph shall apply to and in
                                                respect of the new plan.
(11) The undertaker will not be required to comply with
                                                sub-paragraph (1) where it needs to carry out
                                                emergency works as defined in the 1991 Act but in
                                                that case it must give to National Grid notice as
                                                soon as is reasonably practicable and a plan of
                                                those works and must—
(a) comply with sub-paragraphs ,  and  insofar as is
                                                  reasonably practicable in the circumstances;
                                                  and
(b) comply with sub-paragraph  at all
                                                  times.
(12) At all times when carrying out any works
                                                authorised under the Order, the undertaker must
                                                comply with National Grid's policies for development
                                                near overhead lines ENA TA 43-8 and the Health and
                                                Safety Executive's guidance note 6  “Avoidance of
                                                Danger from Overhead Lines”.
Expenses
10 

(1) Subject to the following provisions of this
                                                paragraph, the undertaker shall pay to National Grid
                                                on demand all charges, costs and expenses reasonably
                                                anticipated or incurred by National Grid in, or in
                                                connection with, the inspection, removal, relaying
                                                or replacing, alteration or protection of any
                                                apparatus or the construction of any new apparatus
                                                or alternative apparatus which may be required in
                                                consequence of the execution of any such works as
                                                are referred to in this Part of this Schedule
                                                including without limitation—
(a) any costs reasonably incurred or
                                                  compensation properly paid in connection with the
                                                  acquisition of rights or the exercise of statutory
                                                  powers for such apparatus including without
                                                  limitation in the event that National Grid elects
                                                  to use compulsory purchase powers to acquire any
                                                  necessary rights under paragraph ;
(b) in connection with the cost of the carrying
                                                  out of any diversion work or the provision of any
                                                  alternative apparatus;
(c) the cutting off of any apparatus from any
                                                  other apparatus or the making safe of redundant
                                                  apparatus;
(d) the approval of plans;
(e) the carrying out of protective works, plus a
                                                  capitalised sum to cover the cost of maintaining
                                                  and renewing permanent protective works;
                                                  and
(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
                                                settled by arbitration in accordance with article 35
                                                (arbitration) of this Order 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 where 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 —
(a) an extension of apparatus to a length
                                                  greater than the length of existing apparatus will
                                                  not be treated as a placing of apparatus of
                                                  greater dimensions than those of the existing
                                                  apparatus; and
(b) where the provision of a joint in a pipe or
                                                  cable is agreed, or is determined to be necessary,
                                                  the consequential provision of a jointing chamber
                                                  or of a manhole will be treated as if it also had
                                                  been agreed or had been so determined.
(5) An amount which apart from this sub-paragraph
                                                would be payable to National Grid in respect of
                                                works by virtue of sub-paragraph (1) will, if the works
                                                include the placing of apparatus provided in
                                                substitution for apparatus placed more than 7 years
                                                and 6 months earlier so as to confer on National
                                                Grid any financial benefit by deferment of the time
                                                for renewal of the apparatus in the ordinary course,
                                                be reduced by the amount which represents that
                                                benefit.
Indemnity
11 

(1) Subject to sub-paragraphs  and , if by reason or
                                                in consequence of the construction of any works
                                                authorised by this Part of this Schedule or in
                                                consequence of the construction, use, maintenance or
                                                failure of any of the authorised development by or
                                                on behalf of the undertaker or in consequence of any
                                                act or default of the undertaker (or any person
                                                employed or authorised by him) in the course of
                                                carrying out such works (including without
                                                limitation works carried out by the undertaker under
                                                this Part of this Schedule or any subsidence
                                                resulting from any of these works), any 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 purpose of those works) or property of
                                                National Grid, or there is any interruption in any
                                                service provided, or in the supply of any goods, by
                                                National Grid, or National Grid becomes liable to
                                                pay any amount to any third party, the undertaker
                                                will—
(a) bear and pay on demand the cost reasonably
                                                  incurred by National Grid in making good such
                                                  damage or restoring the supply; and
(b) indemnify National Grid for any other
                                                  expenses, loss, demands, proceedings, damages,
                                                  claims, penalty or costs incurred by or recovered
                                                  from National Grid, by reason or in consequence of
                                                  any such damage or interruption or National Grid
                                                  becoming liable to any third party as
                                                  aforesaid.
(2) The fact that any act or thing may have been done
                                                by National Grid on behalf of the undertaker or in
                                                accordance with a plan approved by National Grid or
                                                in accordance with any requirement of National Grid
                                                as a consequence of the authorised development or
                                                under its supervision will not (unless sub-paragraph
                                                  
                                                applies), excuse the undertaker from liability under
                                                the provisions of this sub-paragraph  where the
                                                undertaker 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 materially accord with the approved plan or
                                                as otherwise agreed between the undertaker and
                                                National Grid.
(3) Nothing in sub-paragraph (1) shall impose any
                                                liability on the undertaker in respect of—
(a) any damage or interruption to the extent
                                                  that it is attributable to the neglect or default
                                                  of National Grid, its officers, servants,
                                                  contractors or agents; and
(b) any part of the authorised development
                                                  and/or any other works authorised by this Part of
                                                  this Schedule carried out by National Grid as an
                                                  assignee, transferee or lessee of the undertaker
                                                  with the benefit of this Order pursuant to section
                                                  156 (benefit of order granting development
                                                  consent) of the 2008 Act or article 5 (consent to
                                                  transfer benefit of Order) of the Order subject to
                                                  the proviso that once such works become apparatus
                                                  (“new apparatus”), any works yet to be executed
                                                  and not falling within this sub-section
                                                  
                                                  will be subject to the full terms of this Part of
                                                  this Schedule including this paragraph
                                                   in
                                                  respect of such new apparatus.
(4) National Grid must give the undertaker reasonable
                                                notice of any such claim or demand and no settlement
                                                or compromise shall be made, unless payment is
                                                required in connection with a statutory compensation
                                                scheme without first consulting the undertaker and
                                                considering its representations.
(5) National Grid must use its reasonable endeavours
                                                to mitigate in whole or in part and to minimise any
                                                costs, expenses, loss, demands, and penalties to
                                                which the indemnity under this paragraph
                                                  ‎
                                                applies 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. If reasonably
                                                requested to do so by the undertaker, National Grid
                                                shall provide an explanation of how the claim has
                                                been minimised, where possible.
Enactments and agreements
12 
Save to the extent provided for to the contrary elsewhere
                                        in this Part of this Schedule or by agreement in writing
                                        between the undertaker and National Grid, nothing in this
                                        Part of this Schedule shall affect the provisions of any
                                        enactment or agreement regulating the relations between the
                                        undertaker and National Grid in respect of any apparatus
                                        laid or erected in land belonging to the undertaker on the
                                        date on which this Order is made.
Co-operation
13 

(1) Where in consequence of the proposed construction
                                                of any of the authorised development, the undertaker
                                                or National Grid requires the removal of apparatus
                                                under paragraph 7(2) or National Grid makes
                                                requirements for the protection or alteration of
                                                apparatus under paragraph , the undertaker shall use its
                                                best endeavours to co-ordinate the execution of the
                                                works in the interests of safety and the efficient
                                                and economic execution of the authorised development
                                                and taking into account the need to ensure the safe
                                                and efficient operation of National Grid's
                                                undertaking and National Grid shall use its best
                                                endeavours to co-operate with the undertaker for
                                                that purpose.
(2) For the avoidance of doubt whenever National
                                                Grid's consent, agreement or approval to is required
                                                in relation to plans, documents or other information
                                                submitted by the undertaker or the taking of action
                                                by the undertaker, it must not be unreasonably
                                                withheld or delayed.
Access
14 
If in consequence of the agreement reached in accordance
                                        with paragraph 6
                                        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.
Arbitration
15 
Save for differences or disputes arising under paragraphs
                                            7(2),
                                            ,
                                            8(1) and
                                             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 35 (arbitration).
Notices
16 
The plans submitted to National Grid by the undertaker
                                        pursuant to paragraph 9(1) must be sent to National Grid Plant
                                        Protection at plantprotection@nationalgrid.com or such
                                        other address as National Grid may from time to time appoint
                                        instead for that purpose and notify to the undertaker in
                                        writing.
PART 3 PROTECTION FOR OPERATORS OF ELECTRONIC COMMUNICATIONS CODE
                            NETWORKS
1 
For the protection of any operator, the following provisions
                                    have effect, unless otherwise agreed in writing between the
                                    undertaker and the operator.
2 
In this Part of this Schedule—
 “the 2003 Act” means the Communications Act
                                                2003;
 “conduit system” has the same meaning as in the
                                                electronic communications code and references to
                                                providing a conduit system is construed in
                                                accordance with paragraph 1(3A) of that code;
 “electronic communications apparatus” has the same
                                                meaning as in the electronic communications
                                                code;
 “the electronic communications code” has the same
                                                meaning as in Chapter 1 of Part 2 of the 2003
                                                  Act ;
 “electronic communications code network”
                                                means—
(a) so much of an electronic communications
                                                  network or conduit system provided by an
                                                  electronic communications code operator as is not
                                                  excluded from the application of the electronic
                                                  communications code by a direction under section
                                                  106 of the 2003 Act; and
(b) an electronic communications network which
                                                  the Secretary of State is providing or proposing
                                                  to provide;
 “electronic communications code operator” means a
                                                person in whose case the electronic communications
                                                code is applied by a direction under section 106 of
                                                the 2003 Act; and
 “operator” means the operator of an electronic
                                                communications code network.
3 
The exercise of the powers of article 26 (statutory
                                    undertakers) are subject to part 10 of Schedule 3A (Undertaker's
                                    works affecting electronic communications apparatus) to the
                                    Communications Act 2003 .
4 

(1) Subject to sub-paragraphs  to , if as the result of the
                                            authorised development or their construction, or of any
                                            subsidence resulting from any of those works—
(a) any damage is caused to any electronic
                                                  communications apparatus belonging to an operator
                                                  (other than apparatus the repair of which is not
                                                  reasonably necessary in view of its intended
                                                  removal for the purposes of those works, or other
                                                  property of an operator); or
(b) there is any interruption in the supply of the
                                                  service provided by an operator, the undertaker
                                                  must bear and pay the cost reasonably incurred by
                                                  the operator in making good such damage or
                                                  restoring the supply and must—
(i) make reasonable compensation to an operator
                                                  for loss sustained by it; and
(ii) indemnify an operator against claims,
                                                  demands, proceedings, costs, damages and expenses
                                                  which may be made or taken against, or recovered
                                                  from, or incurred by, an operator 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 may be made without
                                            the consent of the undertaker which, if it withholds
                                            such consent, will have 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 paragraph must be referred to and
                                            settled by arbitration under article 35
                                            (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 damage, 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 4 FOR THE PROTECTION OF THE DRAINAGE AUTHORITIES
1 
The provisions of this Part have effect for the protection of
                                    a drainage authority unless otherwise agreed in writing between
                                    undertaker and the drainage authority.
2 
In this Part—
 “commence” has the same meaning as in article 2 of
                                                this Order and commencement shall be construed to
                                                have the same meaning;
 “construction” includes execution, placing,
                                                altering, replacing, relaying and removal; and
                                                 “construct” and  “constructed” must be construed
                                                accordingly;
 “drainage authority” means the drainage board
                                                concerned within the meaning of section 23 of the
                                                Land Drainage Act 1991;
 “drainage work” means any watercourse including
                                                any land that provides or is expected to provide
                                                flood storage capacity for any watercourse and any
                                                bank, wall, embankment or other structure, or any
                                                appliance, constructed or used for land drainage,
                                                flood defence, sea defence or tidal monitoring
                                                excluding the existing flood defence;
 “ordinary watercourse” has the meaning given in
                                                the Land Drainage Act 1991 ;
 “plans” includes sections, drawings,
                                                specifications and method statements;
 “specified work” means so much of any work or
                                                operation authorised by this Order as is in, on,
                                                under, over or within 16 metres of a drainage work
                                                or is otherwise likely to—
(a) affect any drainage work or the volumetric
                                                  rate of flow of water in or flowing to or from any
                                                  drainage work;
(b) affect the flow, purity, or quality of water
                                                  in any watercourse; or
(c) affect the conservation, distribution or use
                                                  of water resources.
3 

(1) Before beginning to construct any specified work, the
                                            undertaker must submit to the drainage authority plans
                                            of the specified work and such further particulars
                                            available to it as the drainage authority may within 28
                                            days of the submission of the plans reasonably
                                            require.
(2) Any such specified work must not be constructed except
                                            in accordance with such plans as may be approved in
                                            writing by the drainage authority or determined under
                                            paragraph .
(3) Any approval of the drainage authority required under
                                            this paragraph—
(a) must not be unreasonably withheld or
                                                  delayed;
(b) is deemed to have been given if it is neither
                                                  given nor refused within 2 months of the
                                                  submission of the plans for approval (or
                                                  submission of further particulars if required by
                                                  the drainage authority under sub-paragraph
                                                  (1)) or,
                                                  in the case of a refusal, if it is not accompanied
                                                  by a statement of the grounds of refusal;
                                                  and
(c) may be given subject to such reasonable
                                                  requirements as the drainage authority may make
                                                  for the protection of any drainage work.
(4) The drainage authority must use its reasonable
                                            endeavours to respond to the submission of any plans
                                            before the expiration of the period mentioned in
                                            sub-paragraph .
4 
Without limiting paragraph , the requirements which the drainage
                                    authority may make under that paragraph include conditions
                                    requiring the undertaker at its own expense to construct such
                                    protective works, whether temporary or permanent, during the
                                    construction of the specified work (including the provision of
                                    flood banks, walls or embankments or other new works and the
                                    strengthening, repair or renewal of existing banks, walls or
                                    embankments) as are reasonably necessary—
(a) to safeguard any drainage work against damage;
                                            or
(b) to secure that its efficiency for flood defence
                                            purposes is not impaired and that the risk of flooding
                                            is not otherwise increased,by reason of any specified work.
5 

(1) Subject to sub-paragraph , any specified work, and all
                                            protective works required by the drainage authority
                                            under paragraph , must be constructed—
(a) without unreasonable delay in accordance with
                                                  the plans approved or deemed to have been approved
                                                  or settled under this Part; and
(b) to the reasonable satisfaction of the drainage
                                                  authority,
and an officer of the drainage authority is entitled
                                            to watch and inspect the construction of such
                                            works.
(2) The undertaker must give to the drainage
                                            authority—
(a) not less than 14 days' notice in writing of
                                                  its intention to commence construction of any
                                                  specified work; and
(b) notice in writing of its completion not later
                                                  than 7 days after the date on which it is brought
                                                  into use.
(3) If the drainage authority reasonably requires, the
                                            undertaker must construct all or part of the protective
                                            works so that they are in place before the construction
                                            of the specified work.
(4) If any part of a specified work or any protective work
                                            required by the drainage authority is constructed
                                            otherwise than in accordance with the requirements of
                                            this Part, the drainage authority may by notice in
                                            writing require the undertaker at the undertaker's
                                            expense to comply with the requirements of this Part or
                                            (if the undertaker so elects and the drainage authority
                                            in writing consents, such consent not to be unreasonably
                                            withheld or delayed) to remove, alter or pull down the
                                            work and, where removal is required, to restore the site
                                            to its former condition to such extent and within such
                                            limits as the drainage authority reasonably
                                            requires.
(5) Subject to sub-paragraph , if within a reasonable period,
                                            being not less than 28 days from the date when a notice
                                            under sub-paragraph  is served on the undertaker, the
                                            undertaker has failed to begin taking steps to comply
                                            with the requirements of the notice and subsequently to
                                            make reasonably expeditious progress towards their
                                            implementation, the drainage authority may execute the
                                            works specified in the notice, and any expenditure
                                            incurred by it in so doing is recoverable from the
                                            undertaker.
(6) In the event of any dispute as to whether
                                            sub-paragraph  is properly applicable to any
                                            work in respect of which notice has been served under
                                            that sub-paragraph, or as to the reasonableness of any
                                            requirement of such a notice, the drainage authority
                                            must not except in emergency exercise the powers
                                            conferred by sub-paragraph  until the dispute has been
                                            finally determined.
6 

(1) Subject to sub-paragraph  the undertaker must from the
                                            commencement of the construction of any specified work
                                            maintain in good repair and condition and free from
                                            obstruction any drainage work that is situated within
                                            the limits of deviation on land held by the undertaker
                                            for the purposes of or in connection with the specified
                                            work, whether or not the drainage work is constructed
                                            under the powers conferred by this Order or is already
                                            in existence.
(2) If any drainage work that the undertaker is liable to
                                            maintain is not maintained to the reasonable
                                            satisfaction of the drainage authority, the drainage
                                            authority may by notice in writing require the
                                            undertaker to repair and restore the work, or any part
                                            of such work, or (if the undertaker so elects and the
                                            drainage authority in writing consents, such consent not
                                            to be unreasonably withheld or delayed), to remove the
                                            work and restore the site to its former condition, to
                                            such extent and within such limits as the drainage
                                            authority reasonably requires.
(3) If, within a reasonable period being not less than 28
                                            days beginning with the date on which a notice in
                                            respect of any drainage work is served under
                                            sub-paragraph  on the undertaker, the
                                            undertaker has failed to begin taking steps to comply
                                            with the reasonable requirements of the notice and has
                                            not subsequently made reasonably expeditious progress
                                            towards their implementation, the drainage authority may
                                            do what is necessary for such compliance and may recover
                                            any expenditure reasonably incurred by it in so doing
                                            from the undertaker.
(4) In the event of any dispute as to the reasonableness
                                            of any requirement of a notice served under
                                            sub-paragraph , the drainage authority must not
                                            except in a case of emergency exercise the powers
                                            conferred by sub-paragraph  until the dispute has been
                                            finally determined.
(5) This paragraph does not apply to—
(a) drainage works that are vested in the drainage
                                                  authority or that the drainage authority or
                                                  another person is liable to maintain and is not
                                                  prevented by this Order from so doing; and
(b) any obstruction of a drainage work for the
                                                  purpose of a work or operation authorised by this
                                                  Order and carried out in accordance with the
                                                  provisions of this Part.
7 
If by reason of the construction of any specified work or of
                                    the failure of any such work the efficiency of any drainage work
                                    for flood defence purposes is impaired, or the drainage work is
                                    otherwise damaged, the impairment or damage must be made good by
                                    the undertaker to the reasonable satisfaction of the drainage
                                    authority and, if the undertaker fails to do so, the drainage
                                    authority may make good the impairment or damage and recover
                                    from the undertaker the expense reasonably incurred by it in
                                    doing so.
8 
The undertaker must indemnify the drainage authority in
                                    respect of all costs, charges and expenses that the drainage
                                    authority may reasonably incur, have to pay or may
                                    sustain—
(a) in the examination or approval of plans under this
                                            Part;
(b) in inspecting the construction of any specified work
                                            or any protective works required by the drainage
                                            authority under this Part; and
(c) in carrying out of any surveys or tests by the
                                            drainage authority that are reasonably required in
                                            connection with the construction of the specified
                                            work.
9 

(1) Without limiting the other provisions of this Part,
                                            the undertaker must indemnify the drainage authority in
                                            respect of all claims, demands, proceedings, costs,
                                            damages, expenses or loss that may be made or taken
                                            against, recovered from or incurred by, the drainage
                                            authority by reason of—
(a) any damage to any drainage work so as to
                                                  impair its efficiency for the purposes of flood
                                                  defence;
(b) any raising or lowering of the water table in
                                                  land adjoining the authorised development or any
                                                  sewers, drains and watercourses; or
(c) any flooding or increased flooding of any such
                                                  land,that is caused by the construction of any specified work or
                                    any act or omission of the undertaker, its contractors, agents
                                    or employees whilst engaged on the work.
(2) The drainage authority must give to the undertaker
                                            reasonable notice of any such claim or demand, and no
                                            settlement or compromise may be made without the
                                            agreement of the undertaker (such agreement not to be
                                            unreasonably withheld or delayed).
10 
The fact that any work or thing has been executed or done by
                                    the undertaker in accordance with a plan approved or deemed to
                                    be approved by the drainage authority, or to its satisfaction,
                                    or in accordance with any directions or award of an arbitrator,
                                    does not relieve the undertaker from any liability under this
                                    Part.
11 
Any dispute between the undertaker and the drainage authority
                                    under this Part, if the parties agree, must be determined by
                                    arbitration under article 35 (arbitration).
PART 5 FOR THE PROTECTION OF BLUE TRANSMISSION LONDON ARRAY LIMITED
Application
1 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Interpretation
2 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Agreements
3 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Co–operation
4 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Arbitration
5 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART 6 FOR THE PROTECTION OF UKPN
1 
For the protection of UKPN as referred to in this part of this
                                    Schedule the following provisions have effect, unless otherwise
                                    agreed in writing between the undertaker and UKPN.
2 
In this part of this Schedule—
 “alternative apparatus” means alternative
                                                apparatus adequate to enable UKPN to fulfil its
                                                statutory functions in a manner not less efficient
                                                than previously;
 “apparatus” means electric lines or electrical
                                                plant (as defined in the 1989 Act), belonging to or
                                                maintained by UKPN;
 “functions” includes powers and duties;
 “in”, in a context referring to apparatus or
                                                alternative apparatus in land, includes a reference
                                                to apparatus or alternative apparatus under, over or
                                                upon land; and
 “UKPN” means South Eastern Power Networks plc
                                                (Company No. 03043097) whose registered office is at
                                                Newington House, 237 Southwark Bridge Road, London
                                                SE1 6NP;
3 
This part of this Schedule does not apply to apparatus in
                                    respect of which the relations between the undertaker and UKPN
                                    are regulated by the provisions of Part 3 of the 1991
                                    Act.
4 
Regardless of the temporary prohibition or restriction of use
                                    of streets under the powers conferred by article 10 (temporary
                                    stopping up of streets), UKPN is at liberty at all times to take
                                    all necessary access across any such street and to execute and
                                    do all such works and things in, upon or under any such street
                                    as may be reasonably necessary or desirable to enable it to
                                    maintain any apparatus which at the time of the prohibition or
                                    restriction was in that street.
5 
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.
6 

(1) If, in the exercise of the powers conferred by this
                                            Order, the undertaker acquires any interest in any land
                                            in which any apparatus is placed or over which access to
                                            any apparatus is enjoyed or requires that UKPN's
                                            apparatus is relocated or diverted, that apparatus must
                                            not be removed under this part of this Schedule, and any
                                            right of UKPN to maintain that apparatus in that land
                                            and to gain access to it must not be extinguished, until
                                            alternative apparatus has been constructed and is in
                                            operation, and access to it has been provided, to the
                                            reasonable satisfaction of UKPN in accordance with
                                            sub–paragraphs  to .
(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 UKPN written notice of that requirement,
                                            together with a plan and section of the work proposed,
                                            and of the proposed position of the alternative
                                            apparatus to be provided or constructed and in that case
                                            (or if in consequence of the exercise of any of the
                                            powers conferred by this Order UKPN reasonably needs to
                                            remove any of its apparatus) the undertaker must,
                                            subject to sub–paragraph , afford to UKPN 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
                                                , in
                                            the land in which the alternative apparatus or part of
                                            such apparatus is to be constructed, UKPN must, on
                                            receipt of a written notice to that effect from the
                                            undertaker, as soon as reasonably possible use
                                            reasonable endeavours to obtain the necessary facilities
                                            and rights in the land in which the alternative
                                            apparatus is to be constructed provided that this
                                            obligation shall not require UKPN to exercise any power
                                            it may have to acquire any land or rights by compulsory
                                            purchase order.
(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 UKPN and the undertaker or in
                                            default of agreement settled by arbitration in
                                            accordance with article 35 (arbitration).
(5) UKPN must, after the alternative apparatus to be
                                            provided or constructed has been agreed or settled by
                                            arbitration in accordance with article 35 (arbitration),
                                            and after the grant to UKPN of any such facilities and
                                            rights as are referred to in sub-paragraph  or , 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 , if the undertaker
                                            gives notice in writing to UKPN that it desires itself
                                            to execute any work, or part of any work, in connection
                                            with the construction or removal of apparatus in any
                                            land controlled by the undertaker, that work, instead of
                                            being executed by UKPN, must be executed by the
                                            undertaker without unnecessary delay under the
                                            superintendence, if given, and to the reasonable
                                            satisfaction of UKPN.
(7) Nothing in sub–paragraph  authorises the undertaker to
                                            execute the placing, installation, bedding, packing,
                                            removal, connection or disconnection of any apparatus,
                                            or execute any filling around the apparatus (where the
                                            apparatus is laid in a trench) within 300 millimetres of
                                            the apparatus.
7 

(1) Where, in accordance with the provisions of this part
                                            of this Schedule, the undertaker affords to UKPN
                                            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 must be granted upon such
                                            terms and conditions as may be agreed between the
                                            undertaker and UKPN or in default of agreement settled
                                            by arbitration in accordance with article 35
                                            (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 UKPN 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 UKPN as
                                            appears to the arbitrator to be reasonable having regard
                                            to all the circumstances of the particular case.
8 

(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 , the undertaker must submit to UKPN
                                            a plan, section and description of the works to be
                                            executed.
(2) Those works must be executed only in accordance with
                                            the plan, section and description submitted under
                                            sub–paragraph (1) and in accordance with such
                                            reasonable requirements as may be made in accordance
                                            with sub–paragraph  by UKPN for the alteration or
                                            otherwise for the protection of the apparatus, or for
                                            securing access to it, and UKPN is entitled to watch and
                                            inspect the execution of those works.
(3) Any requirements made by UKPN under sub–paragraph
                                                 must
                                            be made within a period of 21 days beginning with the
                                            date on which a plan, section and description under
                                            sub-paragraph (1) are submitted to it.
(4) If UKPN in accordance with sub–paragraph  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
                                                 and
                                                 apply as
                                            if the removal of the apparatus had been required by the
                                            undertaker under paragraph .
(5) Nothing in this paragraph precludes the undertaker
                                            from submitting at any time or from time to time, but in
                                            no case less than 28 days before commencing the
                                            execution of any works, a new plan, section and
                                            description instead of the plan, section and description
                                            previously submitted, and having done so the provisions
                                            of this paragraph apply to and in respect of the new
                                            plan, section and description.
(6) The undertaker is not required to comply with
                                            sub–paragraph (1) in a case of emergency but in
                                            that case it must give to UKPN notice as soon as is
                                            reasonably practicable and a plan, section and
                                            description of those works as soon as reasonably
                                            practicable subsequently and must comply with
                                            sub–paragraph  in so far as is reasonably
                                            practicable in the circumstances.
9 

(1) Subject to the following provisions of this paragraph,
                                            the undertaker must repay to UKPN the reasonable
                                            expenses incurred by UKPN 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 6(2).
(2) There is to 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, 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,
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 35
                                            (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 UKPN
                                            by virtue of sub–paragraph (1) is to be reduced by the amount
                                            of that excess.
(4) For the purposes of sub–paragraph —
(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
                                                  where such extension is required in consequence of
                                                  the execution of any such works as are referred to
                                                  in paragraph 6(2); and
(b) where the provision of a joint in a cable is
                                                  agreed, or is determined to be necessary, the
                                                  consequential provision of a jointing chamber or
                                                  of a manhole is to be treated as if it also had
                                                  been agreed or had been so determined.
(5) An amount which apart from this sub-paragraph would be
                                            payable to UKPN 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 UKPN 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.
10 

(1) Subject to sub–paragraphs  and , if by reason or in consequence
                                            of the construction of any of the works referred to in
                                            paragraph , any damage is caused to any
                                            apparatus (other than apparatus the repair of which is
                                            not reasonably necessary in view of its intended removal
                                            for the purposes of those works) or property of UKPN, or
                                            there is any interruption in any service provided, or in
                                            the supply of any goods, by UKPN, the undertaker
                                            must—
(a) bear and pay the cost reasonably incurred by
                                                  UKPN in making good such damage or restoring the
                                                  supply; and
(b) indemnify UKPN for any other expenses, loss,
                                                  demands, proceedings, damages, claims, penalty or
                                                  costs incurred by or recovered from UKPN,
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 UKPN, its officers, servants, contractors
                                            or agents.
(3) UKPN 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 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.
11 
Nothing in this part of this Schedule affects the provisions
                                    of any enactment or agreement regulating the relations between
                                    the undertaker and UKPN in respect of any apparatus laid or
                                    erected in land belonging to the undertaker on the date on which
                                    this Order is made.
12 
Any difference under this Part of this Schedule must, unless
                                    otherwise agreed in writing between the undertaker and UKPN, be
                                    determined by arbitration in accordance with article 35
                                    (arbitration).
SCHEDULE 8
DEEMED MARINE LICENCE UNDER THE 2009 ACT

Article 29
PART 1 LICENSED MARINE ACTIVITIES
1 

(1) In this licence—
 “the 2009 Act” means the Marine and Coastal
                                                  Access Act 2009;
 “authorised deposits” means the substances
                                                  and articles specified in paragraph  of Part 1 of this
                                                  licence;
 “authorised development” means the
                                                  development and associated development described
                                                  in Part 1 of Schedule 1 (authorised development)
                                                  of the Order;
 “commence” means the first carrying out of
                                                  any licensed marine activities authorised by this
                                                  marine licence;
 “condition” means a condition in Part 2 of
                                                  this licence;
 “environmental statement” means the document
                                                  certified as the environmental statement by the
                                                  Secretary of State for the purposes of the
                                                  Order;
 “existing flood defence” means the existing
                                                  bund and integrated infrastructure located beneath
                                                  the path known as the Saxon Shore Way and to the
                                                  north and west of the authorised
                                                  development;
 “LAT” means lowest astronomical tide;
 “licensed activities” means the activities
                                                  specified in Part 1 of this licence;
 “MMO” means the Marine Management Agency,
                                                  the body created under the 2009 Act which is
                                                  responsible for the monitoring and enforcement of
                                                  this licence;
 “the location, order limits and grid
                                                  coordinates plan” means the plan certified as the
                                                  location, order limits and grid coordinates plan
                                                  by the Secretary of State for the purposes of the
                                                  Order under article 34 (certification of plans and
                                                  documents, etc.);
 “MHWS” means the highest level which spring
                                                  tides reach on average over a period of
                                                  time;
 “Order” means the Cleve Hill Solar Park
                                                  Order 2020;
 “undertaker” means Cleve Hill Solar Park
                                                  Limited (company number 08904850);
 “Work No. 9” means the work of that
                                                  description in Schedule 1 of the Order; and
 “works plan” means the plan certified as the
                                                  works plan by the Secretary of State for the
                                                  purposes of the Order.
(2) A reference to any statute, order, regulation or
                                            similar instrument is construed as a reference to a
                                            statute, order, regulation or instrument as amended by
                                            any subsequent statute, order, regulation or instrument
                                            or as contained in any subsequent re-enactment.
(3) Unless otherwise indicated—
(a) all times are taken to be Greenwich Mean Time
                                                  (GMT); and
(b) all co-ordinates are taken to be latitude and
                                                  longitude degrees and minutes to two decimal
                                                  places.
(4) Except where otherwise notified in writing by the MMO,
                                            notices to the MMO must be sent to—
(a) Marine Management OrganisationMarine LicensingLancaster HouseNewcastle Business ParkNewcastle upon TyneNE4 7YHTel: 0300 123 1032; and
(b) Marine Management Organisation (local
                                                  office)Fish MarketRock-A-Nore RoadHastingsEast SussexTN34 3DW
Details of licensed marine activities
2 

(1) Subject to the licence conditions, this licence
                                                authorises the undertaker (and any agent or
                                                contractor acting on their behalf) to carry out the
                                                following licensable marine activities under section
                                                66(1) (licensable marine activities) of the 2009 Act
                                                which—
(a) form part of, or are related to, the
                                                  authorised development; and
(b) are not exempt from requiring a marine
                                                  licence by virtue of any provision made under
                                                  section 74 of the 2009 Act.
(2) Such activities are authorised in relation
                                                to—
Work No.9— works to maintain the existing
                                        flood defence, comprising—
(a) inspection;
(b) investigation (above MHWS, inclusive of trial
                                                pitting);
(c) replacement of expansion joint material;
(d) concrete repair (to a standard specified in BS EN
                                                1504);
(e) replacement of concrete toe beam;
(f) vegetation management (including grass cutting and
                                                removal of larger vegetation);
(g) replacement of loose and missing block
                                                work;
(h) repair of voids;
(i) fencing repair and replacement;
(j) servicing outfalls;
(k) cleaning outfall ancillary structures;
(l) topping up of embankment crest levels at localised
                                                low spots;
(m) vermin control;
(n) repairs of rutting in crest;
(o) repointing of jointed structures;
(p) replacing modular blocks;
(q) replacement of toe armour as required;
(r) reinstatement of timber toe piles;
(s) timber groyne plank replacement;
(t) replacement of bolts on groyne;
(u) placement of timber rubbing boards on
                                                groyne;
(v) localised movements of beach material;
(w) cleaning/dredging of drainage ditch
                                                channels;
(x) replacement of pitching where present;
(y) replacement of access structures;
(z) painting; and
(aa) any other activities required to be undertaken
                                                which—
(i) use the same materials as those on the
                                                  existing flood defence;
(ii) do not alter the plan form or cross section
                                                  of the existing flood defence;
(iii) do not provide an overall increase or
                                                  reduction in flood level; and
(iv) do not require excavations of beach material
                                                  deeper than 1.5 metres.
3 
The substances or articles authorised for deposit at sea
                                        include—
(a) iron and steel, copper and aluminium;
(b) stone and rock;
(c) concrete;
(d) sand and gravel;
(e) timber;
(f) plastic and synthetics;
(g) marine coatings; and
(h) material extracted from within the offshore Order
                                                limits.
4 
The grid coordinates for that part of the authorised
                                        development comprising Work No. 9 are specified below and
                                        more particularly on the location, order limits and grid
                                        coordinates plan—
Point ID Latitude (DMS) Longitude (DMS) Point ID Latitude (DMS) Longitude (DMS)
1 51° 19′ 56.946″
                                                  N 0° 54′ 46.089″ E 100 51° 20′32.408″ N 0° 54′ 7.763″ E
2 51° 19′ 58.535″
                                                  N 0° 54′ 45.298″ E 101 51° 20′ 33.143″
                                                  N 0° 54′ 9.545″ E
3 51° 19′ 58.708″
                                                  N 0° 54′ 45.201″ E 102 51° 20′ 34.285″
                                                  N 0° 54′ 13.532″ E
4 51° 19′ 59.027″
                                                  N 0° 54′ 45.080″ E 103 51° 20′ 35.087″
                                                  N 0° 54′ 17.689″ E
5 51° 19′ 59.384″
                                                  N 0° 54′ 44.724″ E 104 51° 20′ 35.317″
                                                  N 0° 54′ 21.662″ E
6 51° 19′ 59.960″
                                                  N 0° 54′ 44.350″ E 105 51° 20′ 37.215″
                                                  N 0° 54′ 36.902″ E
7 51° 20′ 1.300″ N 0° 54′ 43.858″ E 106 51° 20′ 37.791″
                                                  N 0° 54′ 38.342″ E
8 51° 20′ 2.911″ N 0° 54′ 42.665″ E 107 51° 20′ 37.114″
                                                  N 0° 54′ 46.675″ E
9 51° 20′ 3.116″ N 0° 54′ 42.384″ E 108 51° 20′ 37.181″
                                                  N 0° 54′ 46.705″ E
10 51° 20′ 4.788″ N 0° 54′ 40.819″ E 109 51° 20′ 37.035″
                                                  N 0° 54′ 49.041″ E
11 51° 20′ 4.959″ N 0° 54′ 40.563″ E 110 51° 20′ 36.955″
                                                  N 0° 54′ 49.652″ E
12 51° 20′ 5.438″ N 0° 54′ 40.227″ E 111 51° 20′ 36.954″
                                                  N 0° 54′ 49.874″ E
13 51° 20′ 6.231″ N 0° 54′ 38.746″ E 112 51° 20′ 36.983″
                                                  N 0° 54′ 50.130″ E
14 51° 20′ 6.637″ N 0° 54′ 38.090″ E 113 51° 20′ 36.985″
                                                  N 0° 54′ 50.419″ E
15 51° 20′ 7.311″ N 0° 54′ 36.551″ E 114 51° 20′ 36.920″
                                                  N 0° 54′ 50.652″ E
16 51° 20′ 7.817″ N 0° 54′ 35.012″ E 115 51° 20′ 37.006″
                                                  N 0° 54′ 51.158″ E
17 51° 20′ 8.559″ N 0° 54′ 30.512″ E 116 51° 20′ 37.215″
                                                  N 0° 54′ 50.375″ E
18 51° 20′ 8.713″ N 0° 54′ 28.690″ E 117 51° 20′ 37.673″
                                                  N 0° 54′ 46.063″ E
19 51° 20′ 8.886″ N 0° 54′ 27.093″ E 118 51° 20′ 38.109″
                                                  N 0° 54′ 39.463″ E
20 51° 20′ 8.229″ N 0° 54′ 29.798″ E 119 51° 20′ 36.284″
                                                  N 0° 54′ 26.251″ E
21 51° 20′ 7.773″ N 0° 54′ 32.964″ E 120 51° 20′ 35.445″
                                                  N 0° 54′ 16.667″ E
22 51° 20′ 6.916″ N 0° 54′ 36.190″ E 121 51° 20′ 34.876″
                                                  N 0° 54′ 13.691″ E
23 51° 20′ 5.271″ N 0° 54′ 39.948″ E 122 51° 20′ 33.400″
                                                  N 0° 54′ 8.742″ E
24 51° 20′ 1.514″ N 0° 54′ 43.309″ E 123 51° 20′ 32.885″
                                                  N 0° 54′ 7.478″ E
25 51° 19′ 59.852″
                                                  N 0° 54′ 43.782″ E 124 51° 20′ 32.714″
                                                  N 0° 54′ 5.934″ E
26 51° 20′ 11.941″
                                                  N 0° 54′ 13.217″ E 125 51° 20′ 32.081″
                                                  N 0° 54′ 3.003″ E
27 51° 20′ 11.877″
                                                  N 0° 54′ 12.095″ E 126 51° 20′ 36.869″
                                                  N 0° 54′ 51.672″E
28 51° 20′ 11.663″
                                                  N 0° 54′ 10.398″ E 127 51° 20′ 36.819″
                                                  N 0° 54′ 51.640″ E
29 51° 20′ 11.436″
                                                  N 0° 54′ 9.385″ E 128 51° 20′ 36.762″
                                                  N 0° 54′ 51.642″ E
30 51° 20′ 10.399″
                                                  N 0° 54′ 6.406″ E 129 51° 20′ 36.711″
                                                  N 0° 54′ 51.724″ E
31 51° 20′ 10.522″
                                                  N 0° 54′ 7.338″ E 130 51° 20′ 36.674″
                                                  N 0° 54′ 51.969″ E
32 51° 20′ 10.085″
                                                  N 0° 53′ 46.895″ E 131 51° 20′ 36.662″
                                                  N 0° 54′ 52.243″ E
33 51° 20′ 10.324″
                                                  N 0° 53′ 47.052″ E 132 51° 20′ 36.643″
                                                  N 0° 54′ 52.308″ E
34 51° 20′ 10.497″
                                                  N 0° 53′ 47.265″ E 133 51° 20′ 36.557″
                                                  N 0° 54′ 52.486″ E
35 51° 20′ 10.555″
                                                  N 0° 53′ 47.377″ E 134 51° 20′ 36.597″
                                                  N 0° 54′ 52.469″ E
36 51° 20′ 10.609″
                                                  N 0° 53′ 47.678″ E 135 51° 20′ 36.651″
                                                  N 0° 54′ 52.486″ E
37 51° 20′ 10.685″
                                                  N 0° 53′ 56.589″ E 136 51° 20′ 42.418″
                                                  N 0° 55′ 36.744″ E
38 51° 20′ 10.577″
                                                  N 0° 53′ 57.633″ E 137 51° 20′ 42.431″
                                                  N 0° 55′ 37.288″ E
39 51° 20′ 10.677″
                                                  N 0° 53′ 57.274″ E 138 51° 20′ 42.700″
                                                  N 0° 55′ 40.210″ E
40 51° 20′ 10.741″
                                                  N 0° 53′ 56.919″ E 139 51° 20′ 42.775″
                                                  N 0° 55′ 40.607″ E
41 51° 20′ 10.759″
                                                  N 0° 53′ 56.703″ E 140 51° 20′ 42.916″
                                                  N 0° 55′ 40.911″ E
42 51° 20′ 10.691″
                                                  N 0° 53′ 47.644″ E 141 51° 20′ 42.913″
                                                  N 0° 55′ 41.691″ E
43 51° 20′ 10.658″
                                                  N 0° 53′ 47.286″ E 142 51° 20′ 43.090″
                                                  N 0° 55′ 42.369″ E
44 51° 20′ 10.631″
                                                  N 0° 53′ 47.191″ E 143 51° 20′ 43.208″
                                                  N 0° 55′ 42.254″ E
45 51° 20′ 10.417″
                                                  N 0° 53′ 46.970″ E 144 51° 20′ 43.241″
                                                  N 0° 55′ 43.046″ E
46 51° 20′ 10.380″
                                                  N 0° 53′ 46.880″ E 145 51° 20′ 43.362″
                                                  N 0° 55′ 43.772″ E
47 51° 20′ 10.348″
                                                  N 0° 53′ 46.718″ E 146 51° 20′ 43.555″
                                                  N 0° 55′ 43.598″ E
48 51° 20′ 10.380″
                                                  N 0° 53′ 46.503″ E 147 51° 20′ 43.523″
                                                  N 0° 55′ 44.092″ E
49 51° 20′ 10.447″
                                                  N 0° 53′ 46.302″ E 148 51° 20′ 43.570″
                                                  N 0° 55′ 44.669″ E
50 51° 20′ 27.907″
                                                  N 0° 53′ 46.744″ E 149 51° 20′ 43.671″
                                                  N 0° 55′ 45.270″ E
51 51° 20′ 27.862″
                                                  N 0° 53′ 47.043″ E 150 51° 20′ 43.799″
                                                  N 0° 55′ 45.070″ E
52 51° 20′ 27.876″
                                                  N 0° 53′ 47.230″ E 151 51° 20′ 43.780″
                                                  N 0° 55′ 45.567″ E
53 51° 20′ 27.830″
                                                  N 0° 53′ 47.672″ E 152 51° 20′ 43.948″
                                                  N 0° 55′ 46.756″ E
54 51° 20′ 27.699″
                                                  N 0° 53′ 48.253″ E 153 51° 20′ 44.306″
                                                  N 0° 55′ 48.368″ E
55 51° 20′ 27.585″
                                                  N 0° 53′ 48.411″ E 154 51° 20′ 44.687″
                                                  N 0° 55′ 49.791″ E
56 51° 20′ 27.555″
                                                  N 0° 53′ 48.435″ E 155 51° 20′ 45.757″
                                                  N 0° 55′ 54.594″ E
57 51° 20′ 27.538″
                                                  N 0° 53′ 48.625″ E 156 51° 20′ 47.241″
                                                  N 0° 56′ 2.207″ E
58 51° 20′ 27.517″
                                                  N 0° 53′ 48.660″ E 157 51° 20′ 47.983″
                                                  N 0° 56′ 6.651″ E
59 51° 20′ 27.406″
                                                  N 0° 53′ 48.710″ E 158 51° 20′ 48.152″
                                                  N 0° 56′ 6.491″ E
60 51° 20′ 27.376″
                                                  N 0° 53′ 48.744″ E 159 51° 20′ 48.092″
                                                  N 0° 56′ 6.958″ E
61 51° 20′ 27.358″
                                                  N 0° 53′ 48.805″ E 160 51° 20′ 48.096″
                                                  N 0° 56′ 7.304″ E
62 51° 20′ 27.357″
                                                  N 0° 53′ 48.852″ E 161 51° 20′ 48.226″
                                                  N 0° 56′ 7.918″ E
63 51° 20′ 27.320″
                                                  N 0° 53′ 49.159″ E 162 51° 20′ 48.436″
                                                  N 0° 56′ 7.698″ E
64 51° 20′ 27.275″
                                                  N 0° 53′ 49.275″ E 163 51° 20′ 48.394″
                                                  N 0° 56′ 8.208″ E
65 51° 20′ 27.252″
                                                  N 0° 53′ 49.310″ E 164 51° 20′ 48.416″
                                                  N 0° 56′ 8.607″ E
66 51° 20′ 27.112″
                                                  N 0° 53′ 49.343″ E 165 51° 20′ 48.474″
                                                  N 0° 56′ 8.816″ E
67 51° 20′ 27.084″
                                                  N 0° 53′ 49.434″ E 166 51° 20′ 48.520″
                                                  N 0° 56′ 8.981″ E
68 51° 20′ 27.059″
                                                  N 0° 53′ 49.665″ E 167 51° 20′ 48.530″
                                                  N 0° 56′ 9.101″ E
69 51° 20′ 27.036″
                                                  N 0° 53′ 49.798″ E 168 51° 20′ 48.516″
                                                  N 0° 56′ 9.227″ E
70 51° 20′ 26.925″
                                                  N 0° 53′ 50.097″ E 169 51° 20′ 48.514″
                                                  N 0° 56′ 9.358″ E
71 51° 20′ 26.949″
                                                  N 0° 53′ 50.133″ E 170 51° 20′ 48.592″
                                                  N 0° 56′ 9.802″ E
72 51° 20′ 27.049″
                                                  N 0° 53′ 49.908″ E 171 51° 20′ 48.676″
                                                  N 0° 56′ 10.128″ E
73 51° 20′ 27.113″
                                                  N 0° 53′ 49.705″ E 172 51° 20′ 48.616″
                                                  N 0° 56′ 7.869″ E
74 51° 20′ 27.164″
                                                  N 0° 53′ 49.465″ E 173 51° 20′ 48.857″
                                                  N 0° 56′ 14.026″ E
75 51° 20′ 27.246″
                                                  N 0° 53′ 49.429″ E 174 51° 20′ 48.852″
                                                  N 0° 56′ 14.100″ E
76 51° 20′ 27.272″
                                                  N 0° 53′ 49.410″ E 175 51° 20′ 48.844″
                                                  N 0° 56′ 14.168″ E
77 51° 20′ 27.326″
                                                  N 0° 53′ 49.330″ E 176 51° 20′ 48.807″
                                                  N 0° 56′ 14.326″ E
78 51° 20′ 27.347″
                                                  N 0° 53′ 49.270″ E 177 51° 20′ 48.722″
                                                  N 0° 56′ 14.640″ E
79 51° 20′ 27.374″
                                                  N 0° 53′ 49.080″ E 178 51° 20′ 48.645″
                                                  N 0° 56′ 15.364″ E
80 51° 20′ 27.403″
                                                  N 0° 53′ 48.953″ E 179 51° 20′ 48.916″
                                                  N 0° 56′ 17.077″ E
81 51° 20′ 27.459″
                                                  N 0° 53′ 48.796″ E 180 51° 20′ 44.526″
                                                  N 0° 56′ 52.481″ E
82 51° 20′ 27.534″
                                                  N 0° 53′ 48.775″ E 181 51° 20′ 44.523″
                                                  N 0° 56′ 53.111″ E
83 51° 20′ 27.577″
                                                  N 0° 53′ 48.731″ E 182 51° 20′ 44.613″
                                                  N 0° 56′ 53.520″ E
84 51° 20′ 27.605″
                                                  N 0° 53′ 48.666″ E 183 51° 20′ 44.607″
                                                  N 0° 56′ 53.654″ E
85 51° 20′ 27.622″
                                                  N 0° 53′ 48.491″ E 184 51° 20′ 44.472″
                                                  N 0° 56′ 54.152″ E
86 51° 20′ 27.695″
                                                  N 0° 53′ 48.408″ E 185 51° 20′ 44.365″
                                                  N 0° 56′ 54.631″ E
87 51° 20′ 27.763″
                                                  N 0° 53′ 48.293″ E 186 51° 20′ 44.337″
                                                  N 0° 56′ 54.961″ E
88 51° 20′ 27.942″
                                                  N 0° 53′ 47.338″ E 187 51° 20′ 44.341″
                                                  N 0° 56′ 55.338″ E
89 51° 20′ 27.948″
                                                  N 0° 53′ 47.235″ E 188 51° 20′ 44.188″
                                                  N 0° 56′ 56.399″ E
90 51° 20′ 27.910″
                                                  N 0° 53′ 47.165″ E 189 51° 20′ 44.193″
                                                  N 0° 56′ 56.709″ E
91 51° 20′ 27.920″
                                                  N 0° 53′ 47.052″ E 190 51° 20′ 44.268″
                                                  N 0° 56′ 57.174″ E
92 51° 20′ 27.939″
                                                  N 0° 53′ 46.941″ E 191 51° 20′ 49.033″
                                                  N 0° 56′ 20.247″ E
93 51° 20′ 27.963″
                                                  N 0° 53′ 46.853″ E 192 51° 20′ 48.835″
                                                  N 0° 56′ 14.262″ E
94 51° 20′ 27.997″
                                                  N 0° 53′ 46.798″ E 193 51° 20′ 48.854″
                                                  N 0° 56′ 14.137″ E
95 51° 20′ 30.414″
                                                  N 0° 53′ 56.932″ E 194 51° 20′ 48.859″
                                                  N 0° 56′ 14.060″ E
96 51° 20′ 30.486″
                                                  N 0° 53′ 58.149″ E 195 51° 20′ 47.432″
                                                  N 0° 56′ 30.037″ E
97 51° 20′ 30.389″
                                                  N 0° 53′ 58.557″ E 196 51° 20′ 47.356″
                                                  N 0° 56′ 30.457″ E
98 51° 20′ 31.727″
                                                  N 0° 54′ 3.734″ E 197 51° 20′ 46.743″
                                                  N 0° 56′ 35.249″ E
99 51° 20′ 32.193″
                                                  N 0° 54′ 5.976″ E 198 51° 20′ 46.536″
                                                  N 0° 56′ 37.296″ E
5 
The provisions of section 72 (variation, suspension,
                                        revocation and transfer) of the 2009 Act apply to this
                                        licence except that the provisions of section 72(7) relating
                                        to the transfer of the licence only apply to a transfer not
                                        falling within article 5 (consent to transfer benefit of
                                        Order).
6 
With respect to any condition which requires the licensed
                                        activities be carried out in accordance with the plans,
                                        protocols or statements approved under this Schedule, the
                                        approved details, plan or project are taken to include any
                                        amendments that may subsequently be approved in writing by
                                        the MMO.
7 
Any amendments to or variations from the approved details
                                        must be in accordance with the principles and assessments
                                        set out in the environmental statement. Such agreement may
                                        only be given in relation to immaterial changes where it has
                                        been demonstrated to the satisfaction of the relevant
                                        planning authority or that other person that the subject
                                        matter of the agreement sought is unlikely to give rise to
                                        any materially new or materially different environmental
                                        effects from those assessed in the environmental
                                        statement.
PART 2 CONDITIONS
Notifications regarding licensed activities
1 
The licence holder must inform the MMO in writing of the
                                        commencement of the first licensed activity at least 24
                                        hours prior to such commencement.
2 

(1) The licence holder must inform the MMO of the name
                                                and function of any agent or contractor appointed to
                                                engage in any licensed activity not less than 24
                                                hours before the commencement of the licensed
                                                activity in question.
(2) Any changes to details supplied under
                                                sub-paragraph (1) must be notified to the MMO in
                                                writing prior to the agent, contractor or vessel
                                                engaging in the licensed activity in
                                                question.
(3) Only those persons notified to the MMO in
                                                accordance with this condition are permitted to
                                                carry out a licensed activity.
3 
The licence holder must ensure that a copy of this
                                        Schedule has been read and understood by any agents and
                                        contractors that will be carrying out any licensed activity
                                        on behalf of the licence holder, as notified to the MMO
                                        under condition 10.
4 
Copies of this Schedule must be available for inspection
                                        at the following locations—
(a) the licence holder's registered office; and
(b) during the construction of the authorised
                                                development only, at any site office which is
                                                adjacent to or near the river and which has been
                                                provided for the purposes of the construction of the
                                                authorised development.
Pollution prevention
5 
The licence holder must—
(a) not discharge waste concrete slurry or wash water
                                                from concrete, or cement into the marine
                                                environment, and where practicable, site concrete
                                                and cement mixing and washing areas at least 10
                                                metres away from the marine environment and any
                                                surface water drain to minimise the risk of run off
                                                entering the marine environment;
(b) store, handle, transport and use fuels,
                                                lubricants, chemicals and other substances so as to
                                                prevent releases into the marine environment,
                                                including bunding or storage of 110% of the total
                                                volume of all reservoirs and containers;
(c) report any spill of oil, fuel or chemicals into
                                                the marine area to the MMO Marine Pollution Response
                                                Team (by telephone, within office hours on 0300 200
                                                2024, or outside office hours on 07770 977 825, and
                                                at all times, if no response to calls to those
                                                numbers, on 0345 051 8486 or via email using
                                                  dispersants@marinemanagement.org.uk)
                                                within 12 hours of the spill occurring;
(d) store all waste in designated areas that are
                                                isolated from surface water drains and open water
                                                and are bunded;
(e) use suitable protective sheeting to prevent dust,
                                                debris (including paints and solvents) and rebounded
                                                or windblown concrete from entering the water
                                                environment, and rebounded material must be cleared
                                                away before the sheeting is removed;
(f) ensure that any coatings and any treatments are
                                                suitable for use in the marine environment and are
                                                used in accordance with either guidelines approved
                                                by the Health and Safety Executive or the
                                                Environment Agency;
(g) not use priority substances and polluting
                                                chemicals listed under the Environmental Quality
                                                Standards Directive during works.
Post-construction
6 
The licence holder must remove all temporary structures,
                                        waste and debris associated with the construction activities
                                        within 6 weeks following completion of the final
                                        construction activity.
Maintenance
7 

(1) Unless otherwise agreed by the MMO, the licenced
                                                activities may not commence until a maintenance plan
                                                has been approved in writing by the MMO.
(2) The maintenance plan must be submitted at least 6
                                                weeks prior to the commencement of any maintenance
                                                activity, and must include details of the
                                                maintenance activities required including location,
                                                duration, timings, methodology and materials to be
                                                used.
(3) Maintenance activities must be undertaken in
                                                accordance with the agreed plan.
SCHEDULE 9
ARBITRATION RULES

Article 35
Primary objective
1 

(1) The primary objective of these arbitration rules is to
                                            achieve a fair, impartial, final and binding award on
                                            the substantive difference between the parties (save as
                                            to costs) within 4 months from the date the arbitrator
                                            is appointed pursuant to article 35 of this
                                            Order.
(2) The arbitration will be deemed to have commenced when
                                            a party (“the Claimant”) serves a written notice of
                                            arbitration on the other party (“the
                                            Respondent”).
Time periods
2 

(1) All time periods in these arbitration rules will be
                                            measured in days and this will include weekends, but not
                                            bank or public holidays.
(2) Time periods will be calculated from the day after the
                                            arbitrator is appointed which is either—
(a) the date the arbitrator notifies the parties
                                                  in writing of his/her acceptance of an appointment
                                                  by agreement of the parties; or
(b) the date the arbitrator is appointed by the
                                                  Secretary of State.
Timetable
3 

(1) The timetable for the arbitration will be that set out
                                            in sub-paragraphs  to  below unless amended in
                                            accordance with paragraph .
(2) Within 14 days of the arbitrator being appointed, the
                                            Claimant will provide both the Respondent and the
                                            arbitrator with—
(a) a written Statement of Claim which describes
                                                  the nature of the difference between the parties,
                                                  the legal and factual issues, the Claimant's
                                                  contentions as to those issues, the amount of its
                                                  claim and/or the remedy it is seeking;
(b) all statements of evidence and copies of all
                                                  documents on which it relies, including
                                                  contractual documentation, correspondence
                                                  (including electronic documents), legal precedents
                                                  and expert witness reports.
(3) Within 14 days of receipt of the Claimant's statements
                                            under sub-paragraph  by the arbitrator and
                                            Respondent, the Respondent will provide the Claimant and
                                            the arbitrator with—
(a) a written Statement of Defence responding to
                                                  the Claimant's Statement of Claim, its statement
                                                  in respect of the nature of the difference, the
                                                  legal and factual issues in the Claimant's claim,
                                                  its acceptance of any element(s) of the Claimant's
                                                  claim, its contentions as to those elements of the
                                                  Claimant's claim it does not accept;
(b) all statements of evidence and copies of all
                                                  documents on which it relies, including
                                                  contractual documentation, correspondence
                                                  (including electronic documents), legal precedents
                                                  and expert witness reports;
(c) any objections it wishes to make to the
                                                  Claimant's statements, comments on the Claimant's
                                                  expert report(s) (if submitted by the Claimant)
                                                  and explanations of the objections.
(4) Within 7 days of the Respondent serving its statements
                                            under sub-paragraph , the Claimant may make a
                                            Statement of Reply by providing both the Respondent and
                                            the arbitrator with—
(a) a written statement responding to the
                                                  Respondent's submissions, including its reply in
                                                  respect of the nature of the difference, the
                                                  issues (both factual and legal) and its
                                                  contentions in relation to the issues;
(b) all statements of evidence and copies of
                                                  documents in response to the Respondent's
                                                  submissions;
(c) any expert report in response to the
                                                  Respondent's submissions;
(d) any objections to the statements of evidence,
                                                  expert reports or other documents submitted by the
                                                  Respondent;
(e) its written submissions in response to the
                                                  legal and factual issues involved.
Procedure
4 

(1) The parties' pleadings, witness statements and expert
                                            reports (if any) will be concise. No single pleading
                                            will exceed 30 single-sided A4 pages using 10pt Arial
                                            font.
(2) The arbitrator will make an award on the substantive
                                            difference(s) based solely on the written material
                                            submitted by the parties unless the arbitrator decides
                                            that a hearing is necessary to explain or resolve any
                                            matters.
(3) Either party may, within 2 days of delivery of the
                                            last submission, request a hearing giving specific
                                            reasons why it considers a hearing is required.
(4) Within 7 days of receiving the last submission, the
                                            arbitrator will notify the parties whether a hearing is
                                            to be held and the length of that hearing.
(5) Within 10 days of the arbitrator advising the parties
                                            that he/she will hold a hearing, the date and venue for
                                            the hearing will be fixed by agreement with the parties,
                                            save that if there is no agreement the arbitrator is to
                                            direct a date and venue which he/she considers is fair
                                            and reasonable in all the circumstances. The date for
                                            the hearing must not be less than 35 days from the date
                                            of the arbitrator's direction confirming the date and
                                            venue of the hearing.
(6) A decision will be made by the arbitrator on whether
                                            there is any need for expert evidence to be submitted
                                            orally at the hearing. If oral expert evidence is
                                            required by the arbitrator, then any expert(s) attending
                                            the hearing may be asked questions by the
                                            arbitrator.
(7) There will be no process of examination and
                                            cross-examination of experts, but the arbitrator must
                                            invite the parties to ask questions of the experts by
                                            way of clarification of any answers given by the
                                            expert(s) in response to the arbitrator's questions.
                                            Prior to the hearing the procedure for the expert(s)
                                            will be that—
(a) at least 28 days before a hearing, the
                                                  arbitrator will provide a list of issues to be
                                                  addressed by the expert(s);
(b) if more than one expert is called, they will
                                                  jointly confer and produce a joint report or
                                                  reports within 14 days of the issues being
                                                  provided; and
(c) the form and content of a joint report must be
                                                  as directed by the arbitrator and must be provided
                                                  at least 7 days before the hearing.
(8) Within 14 days of a hearing or a decision by the
                                            arbitrator that no hearing is to be held, the parties
                                            may by way of exchange provide the arbitrator with a
                                            final submission in connection with the matters in
                                            dispute and any submissions on costs. The arbitrator
                                            must take these submissions into account in the
                                            award.
(9) The arbitrator may make other directions or rulings as
                                            considered appropriate in order to ensure that the
                                            parties comply with the timetable and procedures to
                                            achieve an award on the substantive difference within 4
                                            months of the date on which he/she is appointed, unless
                                            both parties otherwise agree to an extension to the date
                                            for the award.
(10) If a party fails to comply with the timetable,
                                            procedure or any other direction then the arbitrator may
                                            continue in the absence of a party or submission or
                                            document, and may make a decision on the information
                                            before him/her attaching the appropriate weight to any
                                            evidence submitted beyond any timetable or in breach of
                                            any procedure and/or direction.
(11) The arbitrator's award must include reasons. The
                                            parties must accept that the extent to which reasons are
                                            given must be proportionate to the issues in dispute and
                                            the time available to the arbitrator to deliver the
                                            award.
Arbitrator's powers
5 

(1) The arbitrator has all the powers of the Arbitration
                                            Act 1996, including the non-mandatory sections, save
                                            where modified by these Rules in this Schedule.
(2) There must be no discovery or disclosure, except that
                                            the arbitrator is to have the power to order the parties
                                            to produce such documents as are reasonably requested by
                                            another party no later than the Statement of Reply, or
                                            by the arbitrator, where the documents are manifestly
                                            relevant, specifically identified and the burden of
                                            production is not excessive. Any application and orders
                                            should be made by way of a Redfern Schedule without any
                                            hearing.
(3) Any time limits fixed in accordance with this
                                            procedure or by the arbitrator may be varied by
                                            agreement between the parties, subject to any such
                                            variation being acceptable to and approved by the
                                            arbitrator. In the absence of agreement, the arbitrator
                                            may vary the timescales and/or procedure—
(a) if the arbitrator is satisfied that a
                                                  variation of any fixed time limit is reasonably
                                                  necessary to avoid a breach of the rules of
                                                  natural justice and then;
(b) only for such a period that is necessary to
                                                  achieve fairness between the parties.
(4) On the date the award is made, the arbitrator will
                                            notify the parties that the award is completed, signed
                                            and dated, and that it will be issued to the parties on
                                            receipt of cleared funds for the arbitrator's fees and
                                            expenses.
Costs
6 

(1) The costs of the arbitration must include the fees and
                                            expenses of the arbitrator, the reasonable fees and
                                            expenses of any experts and the reasonable legal and
                                            other costs incurred by the parties for the
                                            arbitration.
(2) Where the difference involves connected/interrelated
                                            issues, the arbitrator will consider the relevant costs
                                            collectively.
(3) The final award must fix the costs of the arbitration
                                            and decide which of the parties are to bear them or in
                                            what proportion they are to be borne by the
                                            parties.
(4) The arbitrator will award recoverable costs on the
                                            general principle that each party should bear its own
                                            costs, having regard to all material circumstances,
                                            including such matters as exaggerated claims and/or
                                            defences, the degree of success for different elements
                                            of the claims, claims that have incurred substantial
                                            costs, the conduct of the parties and the degree of
                                            success of a party.
Confidentiality
7 

(1) The parties agree that any hearings in this
                                            arbitration are to take place in private.
(2) The parties and arbitrator agree that any matters,
                                            materials, documents, awards, expert reports and the
                                            like are confidential and must not be disclosed to any
                                            third party without prior written consent of the other
                                            party, save for any application to the Courts or where
                                            disclosure is required under any legislative or
                                            regulatory requirement.
SCHEDULE 10
ENVIRONMENTAL STATEMENT SUPPLEMENTS

Article 2

Document Title Date Examination Library
                                        Reference
Climate Change Chapter Clarification
                                        Note June 2019 REP2-043
Clarification Note by the Applicant
                                        on Glint / Glare Analysis August 2019 REP3-022
Missing ALC Records August 2019 REP4-034
Clarification Note on Development
                                        Description Chapter July 2019 AS-028 (Appendix E)
Clarification Note - Removal
                                        of Northern Access Route Option November 2019 AS-048