Application Reference: EN070001

Deadline 8

April 2015

Commentary on Revision G of the Final Draft Development Consent Order The Yorkshire and Humber (CCS Cross Country Pipeline) Development Consent Order

3.8 D

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Legal.41273339.1/STRE/28185.00005 1

COMMENTARY ON REVISION G OF THE DRAFT DEVELOPMENT CONSENT ORDER

1 PURPOSE OF THIS DOCUMENT

1.1 A revised version of the draft Yorkshire and Humber (Carbon Capture and Storage Cross Country Pipeline) Order (“DCO”) (document reference 3.1) has been submitted for Deadline 8 (24 April 2015).

1.2 The purpose of this document is as follows:

1.2.1 To be read alongside that revised version of the DCO (document reference 3.1 Rev G).

1.2.2 To provide a brief commentary in the table at Section 3 below on the background

to the revisions made to assist the Examination.

1.2.3 To append a comparison of revision G against revision F of the DCO submitted at Deadline 6 on 1 April 2015 at Appendix 1. Please note that comparison

software highlights changes made but, when processing the Government’s statutory instrument template, affects Article numbering such that, for example, Article 1(1) becomes Article 1 - and Article 1(2) becomes Article 1(1), i.e. sub-paragraph numbers are moved one on

when this is actually not the case in the clean version. Reference in the table below is to the correct sub-paragraph numbers in the clean version of the draft DCO;

1.2.4 To append a comparison of revision G against revision F of the Explanatory Memorandum submitted at Deadline 6 on 1 April 2015 at Appendix 2. Note that the only changes relate to:

(a) updating the document with East Riding of Yorkshire’s confirmation that it

is satisfied with the approach to its potential future byelaws as lead local flood authority; and

(b) correcting the references to the plots to which National Grid’s application in

respect of open space pursuant to Section 132 of the Planning Act 2008 relates (this involves no substantive changes – the Explanatory Memorandum simply incorrectly referred to pre-submission plot numbering, which has now been updated in the text).

2 COMMENTARY

The table below provides a brief commentary on the background to the revisions made to the revised DCO to assist the Examination:

DCO Provision Commentary

Schedule 2 (Plans)

All Parts Updates are made to the revision letters of certain land plans and

approved plans (including a planting drawing), the reasons for which are set out in National Grid’s “Explanatory Note to Accompany Deadline 8

Legal.41273339.1/STRE/28185.00005 2

Submission” (document reference 17.1).

Separately, in Parts 1 -3 the revision letter has been included even for the

drawings which have remained unamended since submission, simply for certainty going forwards. In Parts 1 and 3 that initial revision letter is “A”; in Part 2 it is “F”.

Schedule 3 (Requirements)

Requirement 21 (Amendments to approved details) As the term “general accordance” has been removed from Requirement 3 (Approved details) it should also be removed in this Requirement, which has now been done.

Schedule 6 (Streets and public rights of way to be temporarily stopped up)

Part 2 Whilst the previous iteration of the DCO set out an updated reference for a

diversion order requested by the local highway authority in column 2, this was omitted in column 3. It has now been corrected.

Schedule 8 (Record of the satisfaction of the Secretary of State pursuant to Section 132 of the 2008 Act)

N/A For the reasons set out in National Grid’s “Submission on Updated Book of Reference Submitted at Deadline 5” (document reference 14.6), and as

listed in Appendix 1 of that document, the description of the area of Plot 1280 needs to be increased by 6 metres from 23,649 metres to 23,655 metres. No changes are required to the descriptions of the remaining plots in this Schedule.

Part 1 (Protective Provisions) of Schedule 11 (For the protection of electricity, gas, water and sewerage undertakers)

Paragraph 2 (Interpretation) When the term “commence” was changed to “commence

(type 1)” in paragraph 1 of Schedule 3 (requirements), the change should have been mirrored here. This has now been done. A numbering error has been corrected in the definition of “undertaker”.

23 April 2015

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Appendix 1 Comparison of Revision G against Revision F of the draft DCO

S T A T U T O R Y I N S T R U M E N T

201[●] No. [●]

INFRASTRUCTURE PLANNING

The [Draft] Yorkshire and Humber (Carbon Capture and StorageCross Country Pipeline) Order 201[●]

Made - - - - [●] 201[●]

Coming into force - - [●] 201[●]

CONTENTS

PART 1PRELIMINARY

1. Citation and Commencement

2. Interpretation

3. Application, modification and disapplication of legislative provisions

PART 2WORKS PROVISIONS

Principal powers

4. Development consent etc. granted by the Order

5. Maintenance of authorised development

6. Limits of deviation

7. Defence to proceedings in respect of statutory nuisance

Benefit of Order

8. Benefit of Order

9. Transfer of benefit of Order

Streets

10. Street works

11. Power to alter layout, etc., of streets

12. Construction and maintenance of new, altered or diverted streets

13. Permanent stopping up of streets

14. Temporary stopping up of streets and public rights of way

15. Apparatus and rights of statutory undertakers in permanently stopped up streets

16. Access to works

17. Traffic regulation

18. Agreements with street authorities

Supplemental powers

19. Discharge of water

20. Protective work to buildings

21. Authority to survey and investigate the land

22. Removal of human remains

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PART 3ACQUISITION AND POSSESSION OF LAND

Powers of acquisition

23. Compulsory acquisition of land

24. Compulsory acquisition of rights

25. Acquisition of subsoil only

26. Power to override easements and other rights

27. Application of the Compulsory Purchase (Vesting Declarations) Act 1981

Temporary possession of land

28. Temporary use of land for carrying out the authorised development

29. Temporary use of land for maintaining the authorised development

Compensation

30. Disregard of certain interests and improvements

31. Set-off for enhancement in value of retained land

32. No double recovery

Supplementary

33. Acquisition of part of certain properties

34. Statutory undertakers

35. Recovery of costs of new connections

36. Time limit for exercise of authority to acquire land compulsorily

37. Private rights of way

38. Rights under or over streets

39. Incorporation of the mineral code

40. Open space

PART 4MISCELLANEOUS AND GENERAL

41. Application of landlord and tenant law

42. Deemed consent under Part 4 (marine licensing) of the Marine and Coastal Access Act2009

43. Operational land for purposes of the 1990 Act

44. Felling or lopping of trees or shrubs

45. Trees subject to tree preservation orders

46. Resumption of land use following certain works

47. Application of the Community Infrastructure Levy

48. Protective provisions

49. Certification of plans etc.

50. Service of notices

51. Arbitration

52. Requirements

53. Procedure in relation to certain approvals etc.

54. Saving for Trinity House

55. Crown rights

SCHEDULES

SCHEDULE 1 — AUTHORISED DEVELOPMENT

SCHEDULE 2 — PLANS

PART 1 — WORKS PLANS

3 3

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PART 2 — LAND PLANS

PART 3 — ACCESS, RIGHTS OF WAY AND TEMPORARY STOPPING UPPLANS

PART 4 — APPROVED PLANS

PART 5 — HEDGEROW PLANS

PART 6 — PARAMETERS

PART 7 — PLANTING DRAWINGS

SCHEDULE 3 — REQUIREMENTS

SCHEDULE 4 — STREETS SUBJECT TO STREET WORKS

SCHEDULE 5 — STREETS SUBJECT TO ALTERATION OF LAYOUT

PART 1 — STREETS SUBJECT TO TEMPORARY ALTERATION OFLAYOUT

PART 2 — STREETS SUBJECT TO PERMANENT ALTERATION OFLAYOUT

SCHEDULE 6 — STREETS AND PUBLIC RIGHTS OF WAY TO BETEMPORARILY STOPPED UP

PART 1 — STREETS

PART 2 — RIGHTS OF WAY

SCHEDULE 7 — ACCESS TO WORKS

PART 1 — TEMPORARY ACCESS

PART 2 — PERMANENT ACCESS

SCHEDULE 8 — RECORD OF THE SATISFACTION OF THE SECRETARY OFSTATE PURSUANT TO SECTION 132 OF THE 2008 ACT

SCHEDULE 9 — LAND OF WHICH TEMPORARY POSSESSION MAY BETAKEN

SCHEDULE 10 — DEEMED MARINE LICENCE UNDER PART 4 (MARINELICENSING) OF THE MARINE AND COASTAL ACCESS ACT2009

PART 1 — INTERPRETATION AND DETAILS OF LICENSED MARINEACTIVITIES

PART 2 — LICENCE CONDITIONS

SCHEDULE 11 — PROTECTIVE PROVISIONS

PART 1 — FOR THE PROTECTION OF ELECTRICITY, GAS, WATERAND SEWERAGE UNDERTAKERS

PART 2 — FOR THE PROTECTION OF OPERATORS OF ELECTRONICCOMMUNICATIONS CODE NETWORKS

SCHEDULE 12 — MISCELLANEOUS CONTROLS

PART 1 — PUBLIC GENERAL LEGISLATION

PART 2 — LOCAL LEGISLATION

SCHEDULE 13 — MODIFICATION OF COMPENSATION AND COMPULSORYPURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

SCHEDULE 14 — PROCEDURE IN RELATION TO CERTAIN APPROVALS ETC.

EXPLANATORY NOTE

An application was made to the Secretary of State in accordance with section 37 of the Planning Act2008(a) for an order under sections 37, 114, 115, 120 and 122 of that Act.

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(a) 2008 c.29; section 37 is amended by the Localism Act 2011 (c. 20) s.137 and Sch. 13, para.5(2), (3).

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The Examining authority(b) appointed by the Secretary of State examined the application inaccordance with Chapter 4 of Part 6 of that Act(c) and made a recommendation under section 74 ofthat Act(d) that the application should be granted.

The Secretary of State, having the function of deciding the application(e), in exercise of the powersconferred by sections 103, 114, 115, 120 and 122 of that Act, makes the following Order—

PART 1

PRELIMINARY

Citation and Commencement

This Order may be cited as the Yorkshire and Humber (Carbon Capture and Storage Cross1.Country Pipeline) Order 201[●] and comes into force on [●] 201[●].

Interpretation

— In this Order, unless the context requires otherwise—2.

“the 1961 Act” means the Land Compensation Act 1961(f);

“the 1965 Act” means the Compulsory Purchase Act 1965(g);

“the 1980 Act” means the Highways Act 1980(h);

“the 1984 Act” means the Road Traffic Regulation Act 1984(i);

“the 1990 Act” means the Town and Country Planning Act 1990(j);

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

“the 2008 Act” means the Planning Act 2008;

“access, rights of way and temporary stopping up plans” means the plans certified as the access,rights of way and temporary stopping up plans by the Secretary of State for the purposes of thisOrder and listed in Part 3 (access, rights of way and temporary stopping up plans) of Schedule 2(plans);

“approved plans” means the plans listed in Part 4 (approved plans) of Schedule 2 (plans);

“authorised development” means the development and associated development described inSchedule 1 (authorised development) and any other development authorised by this Order, whichis development within the meaning of section 32 of the 2008 Act;

the “Barmston Pumping Station parameter plan” has the meaning given in Requirement 5(2)(b)(Barmston Pumping Station) of Schedule 3 (requirements);

“the book of reference” means the book of reference certified by the Secretary of State as the bookof reference for the purposes of this Order;

“building” includes any structure or erection or any part of a building, structure or erection;

the “Camblesforth Multi-junction parameter plan” has the meaning given in Requirement 6(2)(Camblesforth Multi-junction design) of Schedule 3 (requirements);

“carriageway” has the same meaning as in the 1980 Act;

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(b) See section 86 of the Planning Act 2008 as amended by the Localism Act 2011, Sch. 13 para.37.

(c) The provisions of that Part are amended by the Localism Act 2011.

(d) Section 74 is amended by the Localism Act 2011, Sch.13 para.29(3) and Sch. 25 para.1.

(e) See section 103 of the Planning Act 2008 as amended by the Localism Act 2011 Schs. 13, 25.

(f) 1961 c.33.

(g) 1965 c.56.

(h) 1980 c.66.

(i) 1984 c. 27.

(j) 1990 c.8.

(k) 1991 c.22.

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“code of construction practice” has the meaning given in Requirement 1 (interpretation) ofSchedule 3 (requirements);

“compulsory acquisition notice” means a notice served in accordance with section 134 of the 2008Act(l);

“drainage works” means that part of the authorised development comprised in paragraph (m)(further associated development) in Schedule 1 (authorised development) and such other furtherassociated development in connection with that paragraph as is listed at paragraphs (e), (g), (h), (i),(j), (k), (l) and (n) (further associated development) of that Schedule;

“drainage strategy” has the meaning given in Requirement 16 (land drainage) of Schedule 3(requirements);

“environmental statement” means the document(s) certified as the environmental statement by theSecretary of State for the purposes of this Order together with any supplemental or additionalenvironmental statement submitted for the purposes of complying with and/or discharging theRequirements in Schedule 3 (requirements) or conditions in Schedule 10 (deemed marine licenceunder Part 4 (marine licensing) of the Marine and Coastal Access Act 2009);

“flood risk assessment” has the meaning given in Requirement 9(6) (water) of Schedule 3(requirements);

“hedgerow plans” has the meaning given in article 44(7)(b) (felling or lopping of trees or shrubs);

“highway” has the same meaning as in the 1980 Act;

“highway authority” means North Yorkshire County Council or East Riding of Yorkshire Councilas the case may be including their successor; and where the relevant matter is located in theadministrative areas of both then it means both;

“the land plans” means the plans certified as the land plans by the Secretary of State for thepurposes of this Order and listed in Part 2 (land plans) of Schedule 2 (plans);

“maintain” includes inspect, examine, monitor, test, repair, set up, configure, dismantle and/orreconstruct the authorised development and/or replace part or a section of the authoriseddevelopment with a part or section which materially serves the same purpose; and “maintained”,“maintaining” and “maintenance” must be construed accordingly;

“National Grid Carbon” means National Grid Carbon Limited (company number 03932833)whose registered office is at 1 - 3 Strand, London, WC2N 5EH;

“Order land” means the land shown on the land plans which is within the limits of land, andinterests in or rights over land, to be acquired and/or used and described in the book of reference;

“the Order limits” means the limits shown on the works plans within which the authoriseddevelopment may be carried out;

“owner”, in relation to land, has the same meaning as in section 7 of the Acquisition of Land Act1981(m) (interpretation);

“PIG” means a pipeline inspection gauge or pipeline internal gauge;

“relevant planning authority” means Selby District Council or East Riding of Yorkshire Council asthe case may be including their successor and where the relevant matter is located in theadministrative areas of both then it means both;

“statutory undertaker” means any person falling within section 127(8) of the 2008 Act (statutoryundertakers’ land);

“street” means a street within the meaning of section 48 of the 1991 Act(n), together with land onthe verge of a street or between two carriageways, and includes part of a street;

“street authority”, in relation to a street, has the same meaning as in Part 3 (street works inEngland and Wales) of the 1991 Act, for which purpose “highway authority” has the meaninggiven in this article;

“traffic authority” has the meaning given in section 121A of the 1984 Act;

“the tribunal” means the Lands Chamber of the Upper Tribunal;

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(l) Section 134 is amended by the Localism Act 2011 (c.20), s.142 and Sch. 25.

(m) 1981 c.67; the definition of “owner” is amended by the Planning and Compensation Act 1991 (c. 34), Sch.15(I) para.9.

(n) Section 48 is amended by the Local Transport Act 2008 (c. 26), Pt 7 s.124(2).

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“UK marine area” has the same meaning as in section 42 of the Marine and Coastal Access Act2009(o);

“undertaker” means the person who has the benefit of this Order in accordance with articles 8 and9; and

“the works plans” means the plans certified as the works plans by the Secretary of State for thepurposes of this Order and listed in Part 1 (works plans) of Schedule 2 (plans).

Save for the definition of the “undertaker”, the definitions in paragraph (1) do not apply to(1) Schedule 10 (deemed marine licence under Part 4 (marine licensing) of the Marine and CoastalAccess Act 2009).

The definition of the “undertaker” in paragraph (1) does not apply to Schedule 11 (protective(2) provisions).

References in this Order to rights over land include references to rights to do or to place and(3) maintain, anything in, on or under land or in the air-space above its surface.

All distances, directions and lengths referred to in this Order or in any document referred to in(4) this Order are approximate and distances between points on a work comprised in the authoriseddevelopment are taken to be measured along that work (and in particular in respect of scheduled linearworks referred to in this Order all distances are measured along the indicative pipeline route as shownon the works plans for that work).

All areas described in square metres in the book of reference are approximate.(5)

A reference in this Order to a work designated by a number, or by a combination of letters and(6) numbers (for example, “Work No. 2”), is a reference to the work so designated in Schedule 1(authorised development).

A reference in this Order to a document or plan required to be submitted for certification under(7) article 49 (certification of plans etc.) is a reference to the version of that document or plan that hasbeen certified under article 49.

References in this Order to any statute, order, regulation or similar instrument are to be construed(8) as references to the statute, order, regulation or instrument as amended by any subsequent statute,order, regulation or instrument or as contained in any subsequent re-enactment.

Application, modification and disapplication of legislative provisions

— Part 1 (public general legislation) of Schedule 12 (miscellaneous controls) to this Order, which3.makes provision applying, modifying and excluding statutory provisions which relate to matters forwhich provision may be made by this Order, has effect.

The byelaws specified in Part 2 (local legislation) of Schedule 12 (miscellaneous controls) and(1) any other statutory provision of local application—

have effect subject to the provisions of that Part;(a)

subject to those provisions, have effect subject to the other provisions of this Order, and(b)

subject to those other provisions, are excluded and do not apply to the extent that they would(c)be inconsistent with a provision of, or the exercise of a power conferred by, this Order.

In particular (and subject to the provisions of Part 2 (local legislation) of Schedule 12(2) (miscellaneous controls) in relation to byelaws), a power conferred by this Order may be exerciseddespite, and without having regard to, a provision made by or by virtue of a specified enactment, orany other statutory provision of local application, that—

requires or permits a specified road, path, passage, bridge, parapet, fence or other place or(a)structure to be kept open or maintained generally or in a specified manner;

requires or permits the provision and maintenance of lights or other apparatus or structures(b)generally or in a specified manner;

prohibits or restricts (or imposes conditions or penalties on or in relation to) the obstruction or(c)removal of, or the causing of damage to, a specified place or structure (or class of places orstructures);

7

(o) 2009 c.23.

prohibits or restricts (or imposes conditions on or in relation to) the erection of structures, or(d)the undertaking of other works, in a specified place or structure (or class of places orstructures);

permits or requires a specified place or structure to be closed;(e)

makes provision about the conduct of persons using a specified walkway or other place or(f)structure (or class of places or structures) whether by prohibiting or restricting movement (ofpersons, vehicles or animals) or otherwise;

specifies a minimum or maximum depth for, or otherwise restricts or imposes conditions in(g)relation to, the laying of pipes or the carrying out of any other works;

prohibits the laying of pipes or the carrying out of any other works generally or without the(h)consent of a specified person;

makes provision about the construction or maintenance of, or any other matter relating to,(i)pipes, drains or other means of connecting with sewers;

prohibits or restricts interference with the banks or bed of, or traffic on, the River Ouse, the(j)River Foulness, Market Weighton Canal, the River Hull, Driffield Canal, Nafferton HighlandStream, White Dike or Kelk Beck; or

in any other way would or might apply in relation to anything done, or omitted to be done, in(k)the exercise of a power conferred by this Order.

For the purposes of paragraph (2) a provision is inconsistent with the exercise of a power(3) conferred by this Order if and in so far as (in particular)—

it would make it an offence to take action, or not to take action, in pursuance of a power(a)conferred by this Order;

action taken in pursuance of a power conferred by this Order would cause the provision to(b)apply so as to enable a person to require the taking of remedial or other action or so as toenable remedial or other action to be taken;

action taken in pursuance of a power or duty under the provision would or might interfere(c)with the exercise of any work authorised by this Order.

A power conferred by this Order may be exercised despite, and without having regard to, any(4) provision of byelaws made by the East Riding of Yorkshire Council in its capacity as lead local floodauthority; but this paragraph does not apply to a provision which permits the taking of any action withthe consent of East Riding of Yorkshire Council, of an internal drainage board or of the EnvironmentAgency.

Where any person notifies the undertaker in writing that anything done or proposed to be done by(5) the undertaker or by virtue of this Order would amount to a contravention of a statutory provision oflocal application, the undertaker must as soon as reasonably practicable, and at any rate within 14 daysof receipt of the notice, respond in writing setting out—

whether the undertaker agrees that the action taken or proposed does or would contravene the(a)provision of local application;

if the undertaker does agree, the grounds (if any) on which the undertaker believes that the(b)provision is excluded by this article; and

the extent of that exclusion.(c)

PART 2

WORKS PROVISIONS

Principal powers

Development consent etc. granted by the Order

Subject to the provisions of this Order and to the requirements in Schedule 3 (requirements) the4.undertaker is granted—

development consent for the authorised development to be carried out within the Order limits(a)and to be maintained; and

8 8

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consent to operate and use the authorised development for the purposes for which it is(b)designed.

Maintenance of authorised development

The undertaker may at any time maintain the authorised development—5.

provided that, following such maintenance, the authorised development may not, save in(a)immaterial respects, vary from the description of it given in Schedule 1 (authoriseddevelopment);

except to the extent that this Order, or an agreement made under this Order, provides(b)otherwise.

Limits of deviation

— Save in relation to the drainage works (in which case paragraph (2) applies), the undertaker6.may—

in respect of the location of any work comprised in the authorised development deviate(a)laterally from the lines or situations shown on the works plans to the extent of the limits ofdeviation for that work shown on those plans; and

carry out construction activities permitted by this Order for the purposes of the authorised(b)development anywhere within the Order limits.

The undertaker may construct the drainage works anywhere within the Order limits.(1)

Aerial markers, cathodic protection test posts, field boundary markers, transformer rectifier(2) kiosks or cabinets and electricity cabinets comprised in the authorised development may deviatevertically from ground surface levels to any extent not exceeding 3 metres upwards.

The authorised development may deviate vertically from ground surface levels to any extent(3) downwards as may be found to be necessary or convenient.

Defence to proceedings in respect of statutory nuisance

— Where proceedings are brought under section 82(1) of the Environmental Protection Act7.1990(p) (summary proceedings by person aggrieved by statutory nuisance) in relation to a nuisancefalling within section 79(1)(g) of that Act (noise emitted from premises so as to be prejudicial tohealth or a nuisance) no order may be made, and no fine may be imposed, under section 82(2) of thatAct if—

the defendant shows that the nuisance—(a)

relates to premises used by the undertaker for the purposes of or in connection with the(i)construction or maintenance of the authorised development and that the nuisance isattributable to the carrying out of the authorised development in accordance with a noticeserved under section 60 (control of noise on construction site), or a consent given undersection 61 (prior consent for work on construction site) or 65 (noise exceeding registeredlevel) of the Control of Pollution Act 1974(q); or

is a consequence of the construction or maintenance of the authorised development and(ii)cannot reasonably be avoided; or

the defendant shows that the nuisance—(b)

relates to premises used by the undertaker for the purposes of or in connection with the(i)use of the authorised development and that the nuisance is attributable to the use of theauthorised development which is being used in accordance with Requirement 15 (noise)of Schedule 3 (requirements); or

is a consequence of the use of the authorised development and cannot reasonably be(ii)avoided.

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(p) 1990 c.43; section 82 is amended by section 5 of the Noise and Statutory Nuisance Act 1993 (c.40), Schedule 17 to the Environment Act 1995 (c.25) and section 103 of the Clean Neighbourhoods and Environment Act 2005 (c.16).

(q) 1974 c.40; sections 61 and 65 are amended by section 133 of the Building Act 1984 (c.55), Schedule 24 to the Environment Act 1995 (c.25) and section 162 of, and Schedule 15 to, the Environmental Protection Act 1990 (c.43); there are other amendments not relevant to this Order.

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Section 61(9) (consent for work on construction site to include statement that it does not of itself(1) constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990) of theControl of Pollution Act 1974 and section 65(8) of that Act (corresponding provision in relation toconsent for registered noise level to be exceeded), do not apply where the consent relates to the use ofpremises by the undertaker for the purposes of or in connection with the construction or maintenanceof the authorised development.

Benefit of Order

Benefit of Order

— Subject to article 9 (transfer of benefit of Order) and paragraph (2) of this article, the8.provisions of this Order have effect solely for the benefit of National Grid Carbon.

Paragraph (1) does not apply to the benefit of the consent granted by this Order for works carried(1) out by the undertaker for the benefit or protection of land or persons (including statutory undertakers)affected by the authorised development.

Transfer of benefit of Order

— The undertaker may with the consent of the Secretary of State—9.

transfer to another person (“the transferee”) any or all of the benefit of the provisions of this(a)Order and such related rights as may be agreed between the undertaker and the transferee; or

grant to another person (“the lessee”) for a period agreed between the undertaker and the(b)lessee any or all of the benefit of the provisions of this Order and such related statutory rightsas may be so agreed.

Where an agreement has been made in accordance with paragraph (1) references in this Order to(1) the undertaker include references to the transferee or the lessee.

The exercise by a person of any benefits or rights conferred in accordance with any transfer or(2) grant under paragraph (1) is subject to the same restrictions, liabilities and obligations as would applyunder this Order if those benefits or rights were exercised by National Grid Carbon.

Streets

Street works

— The undertaker may, for the purposes of the authorised development, enter on so much of any10.of the streets specified in Schedule 4 (streets subject to street works) as is within the Order limits andmay—

break up or open the street, or any sewer, drain or tunnel under it (including for the purposes(a)of carrying out surveys to ascertain the location of apparatus);

tunnel or bore under the street;(b)

place apparatus in the street;(c)

maintain apparatus in the street or change its position; and(d)

execute any works required for or incidental to any works referred to in sub-paragraphs (a) to(e)(d) above.

The authority given by paragraph (1) is a statutory right for the purposes of sections 48(3)(1) (streets, street works and undertakers) and 51(1) (prohibition of unauthorised street works) of the1991 Act(r).

The provisions of sections 54 (advance notice of certain works) to 106 (index of defined(2) expressions) of the 1991 Act apply to any street works carried out under paragraph (1) save that—

section 61(1) of the 1991 Act (under which the consent of the street authority is required for(a)the placing of apparatus in a protected street) does not apply to the placing of apparatus in thecourse of the authorised development;

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(r) Section 48 is amended by the Local Transport Act 2008 (c. 26) s.124(2); section 51 is amended by Schedule 1 to the Traffic Management Act 2004 (c.18).

section 62(2) of the 1991 Act (power following the designation of a protected street to require(b)removal or repositioning of apparatus already placed in the street) does not, unless otherwiseagreed with the undertaker, apply in relation to apparatus placed in the course of theauthorised development;

section 62(4) of the 1991 Act (power when a designation as a protected street commences or(c)ceases to give directions with respect to works in progress) does not, unless otherwise agreedwith the undertaker, apply in relation to the authorised development.

In this article “apparatus” and “street works” have the same meanings as in Part 3 (street works in(3) England and Wales) of the 1991 Act save that “apparatus” further includes pipelines (and parts ofthem), aerial markers, cathodic protection test posts, field boundary markers, transformer rectifierkiosks and electricity cabinets.

Power to alter layout, etc., of streets

— The undertaker may alter the layout of a street specified in column (2) of Schedule 5 (streets11.subject to alteration of layout) in the manner specified in relation to that street in column (3).

Without prejudice to the specific powers conferred by article 4 (development consent etc. granted(1) by the Order) or paragraph (4) but subject to paragraph (3), the undertaker may, for the purposes ofconstructing and maintaining the authorised development, alter the layout of any street within theOrder limits and the layout of any street having a junction with such a street; and, without limiting thescope of this paragraph, the undertaker may—

increase the width of the carriageway of the street by reducing the width of any kerb, footpath,(a)footway, cycle track, verge or central reservation within the street;

alter the level or increase the width of any such kerb, footpath, footway, cycle track, verge or(b)central reservation;

reduce the width of the carriageway of the street;(c)

make crossovers and passing places;(d)

carry out works for the provision or alteration of parking places, loading bays and cycle(e)tracks; and

execute any works required for or incidental to any works referred to in sub-paragraphs (a) to(f)(e) above.

The powers conferred by paragraph (2) must not be exercised without the consent of the street(2) authority but such consent must not be unreasonably withheld or delayed.

The undertaker may, for the purposes of the authorised development, enter on so much of any of(3) the streets specified in Schedule 4 (streets subject to street works) and Schedule 5 (streets subject toalteration of layout) as is within the Order limits and may—

demolish, remove, replace and relocate any bus shelter and associated bus stop infrastructure;(a)

execute any works to provide or improve sight lines required by the highway authority;(b)

remove and replace kerbs and flume ditches for the purposes of creating permanent and(c)temporary accesses;

execute and maintain any works to provide hard and soft landscaping;(d)

carry out re-lining and placement of new temporary markings; and(e)

execute any works required for or incidental to any works referred to in sub-paragraphs (a) to(f)(e) above.

Construction and maintenance of new, altered or diverted streets

— Any street to be constructed under this Order in respect of which the undertaker has given the12.highway authority notice that this paragraph applies must be completed to the reasonable satisfactionof the highway authority and, unless otherwise agreed with the highway authority, must be maintainedby and at the expense of the undertaker for a period of 12 months from its completion and at the expiryof that period by and at the expense of the highway authority.

Where a street is altered or diverted under this Order, the altered or diverted part of the street(1) must, when completed to the reasonable satisfaction of the street authority, unless otherwise agreedwith the street authority, be maintained by and at the expense of the undertaker for the specified period

11 11

and at the expiry of that period by and at the expense of the street authority; and in this paragraph the“specified period” means the later of—

a period of 12 months from that completion; or(a)

if upon the end of that 12 month period the street authority (acting reasonably) provides the(b)undertaker with written notice that it requires the undertaker to reinstate and make good anydamage or defect in an altered or diverted part of a street, which includes details of thedamage and defect, the date on which all the damage or defects specified in that notice havebeen reinstated and made good to the reasonable satisfaction of the street authority.

Where any street not previously part of the public highway is constructed pursuant to this Order it(2) will on the undertaker giving notice to the highway authority (and street authority if different) that thisparagraph applies be deemed to be dedicated for public use as highway on the completion of thatstreet.

Paragraphs (1) to (3) do not apply in relation to the structure of any bridge carrying a street.(3)

In any action against the undertaker in respect of loss or damage resulting from any failure by it(4) to maintain a street under this article, it will be a defence (without prejudice to any other defence or theapplication of the law relating to contributory negligence) to prove that the undertaker had taken suchcare as in all the circumstances was reasonably required to secure that the part of the street to whichthe action relates was not dangerous to traffic.

For the purposes of a defence under paragraph (5), the court must in particular have regard to the(5) following matters—

the character of the street and the traffic which was reasonably to be expected to use it;(a)

the standard of maintenance appropriate for a street of that character and used by such traffic;(b)

the state of repair in which a reasonable person would have expected to find the street;(c)

whether the undertaker knew, or could reasonably have been expected to know, that the(d)condition of the part of the street to which the action relates was likely to cause danger tousers of the street;

where the undertaker could not reasonably have been expected to repair that part of the street(e)before the cause of action arose, what warning notices of its condition had been displayed,

but for the purposes of such a defence it is not relevant to prove that the undertaker had arranged for acompetent person to carry out or supervise the maintenance of the part of the street to which the actionrelates unless it is also proved that the undertaker had given the competent person proper instructionswith regard to the maintenance of the street and that the competent person had carried out thoseinstructions.

Nothing in this article—(6)

prejudices the operation of section 87 of the 1991 Act (prospectively maintainable highways);(a)and the undertaker is not by reason of any duty under this article to maintain a street to betaken to be a street authority in relating to that street for the purposes of Part 3 (street works inEngland and Wales) of that Act; or

has effect in relation to the street works with regard to which the provisions of Part 3 (street(b)works in England and Wales) of the 1991 Act apply.

Permanent stopping up of streets

— Subject to the provisions of this article, the undertaker may, in connection with the carrying13.out of the authorised development stop up any street with the consent of the highway authority, whichmust not be unreasonably withheld or delayed but the highway authority may attach reasonableconditions to any such consent.

No street to be stopped up pursuant to paragraph (1) for which the highway authority acting(1) reasonably requires a substitute to be provided may be wholly or partly stopped up unless—

the new street to be substituted for it has been completed to the reasonable satisfaction of the(a)street authority and is open for use; or

a temporary alternative route for the passage of such traffic as could have used the street to be(b)stopped up is first provided and subsequently maintained by the undertaker, to the reasonablesatisfaction of the street authority, between the commencement and termination points for the

12 12

stopping up of the street until the completion and opening of the new street in accordance withsub-paragraph (a).

No street to be stopped up pursuant to this article for which no substitute is to be provided may(2) be wholly or partly stopped up unless the condition specified in paragraph (4) is satisfied in relation toall the land which abuts on either side of the street to be stopped up.

The condition referred to in paragraph (3) is that—(3)

the undertaker is in possession of the land; or(a)

there is no right of access to the land from the street concerned; or(b)

there is reasonably convenient access to the land otherwise than from the street concerned; or(c)

the owners and occupiers of the land have agreed to the stopping up.(d)

Where a street has been stopped up under this article—(4)

all rights of way over or along the street so stopped up are extinguished; and(a)

the undertaker may appropriate and use for the purposes of the authorised development so(b)much of the site of the street as is bounded on both sides by land owned by the undertaker oras is otherwise provided in this Order.

Any person who suffers loss by the suspension or extinguishment of any private right of way(5) under this article is entitled to compensation to be determined, in case of dispute, under Part 1 of the1961 Act (determination of questions of disputed compensation).

This article is subject to article 15 (apparatus and rights of statutory undertakers in permanently(6) stopped up streets).

Temporary stopping up of streets and public rights of way

— The undertaker, during and for the purposes of carrying out the authorised development, may14.temporarily stop up, alter or divert any street or any public right of way and may for any reasonabletime—

divert the traffic or a class of traffic from the street or public right of way; and(a)

subject to paragraph (2), prevent all persons from passing along the street or public right of(b)way.

The undertaker must provide reasonable access for pedestrians going to or from premises(1) abutting a street or public right of way affected by the temporary stopping up, alteration or diversion ofa street or public right of way under this article if there would otherwise be no such access.

Without prejudice to the generality of paragraph (1), the undertaker may temporarily stop up,(2) alter or divert the streets or public rights of way specified in columns (1) and (2) of Parts 1 and 2 ofSchedule 6 (streets and public rights of way to be temporarily stopped up) to the extent specified, byreference to the letters and numbers shown on the access, rights of way and temporary stopping upplans, in column (3) of Parts 1 and 2 of that Schedule.

The undertaker may not temporarily stop up, alter or divert—(3)

any street or public right of way specified as mentioned in paragraph (3) without first(a)consulting the highway authority; and

any other street or public right of way without the consent of the highway authority, which(b)must not be unreasonably withheld or delayed but the highway authority may attachreasonable conditions to any such consent.

Any person who suffers loss by the suspension of any private right of way under this article is(4) entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act(determination of questions of disputed compensation).

Apparatus and rights of statutory undertakers in permanently stopped up streets

— Where a street is stopped up under article 13 (permanent stopping up of streets), any statutory15.utility whose apparatus is under, in, on, along or across the street has the same powers and rights inrespect of that apparatus, subject to the provisions of this article, as if this Order had not been made.

13 13

14

Where a street is stopped up under article 13 (permanent stopping up of streets), any statutory(1) utility whose apparatus is under, in, on, over, along or across the street may, and if reasonablyrequested to do so by the undertaker must—

remove the apparatus and place it or other apparatus provided in substitution for it in such(a)other position as the utility may reasonably determine and have power to place it; or

provide other apparatus in substitution for the existing apparatus and place it in such position(b)as described in sub-paragraph (a).

Subject to the following provisions of this article, the undertaker must pay to any statutory utility(2) an amount equal to the cost reasonably incurred by the utility in or in connection with—

the execution of the relocation works required in consequence of the stopping up of the street;(a)and

the doing of any other work or thing rendered necessary by the execution of the relocation(b)works.

If in the course of the execution of relocation works under paragraph (2)—(3)

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

apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is(b)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 apparatusat that depth, as the case may be, is not agreed by the undertaker, or, in default of agreement, is notdetermined by arbitration to be necessary, then, if it involves cost in the execution of the relocationworks exceeding that which would have been involved if the apparatus placed had been of the existingtype, capacity or dimensions, or at the existing depth, as the case may be, the amount which, apart fromthis paragraph, would be payable to the statutory utility by virtue of paragraph (3) must be reduced bythe amount of that excess.

For the purposes of paragraph (4)—(4)

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

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

An amount which, apart from this paragraph, would be payable to a statutory utility in respect of(5) works by virtue of paragraph (3) (and having regard, where relevant, to paragraph (4)) must, if theworks include the placing of apparatus provided in substitution for apparatus placed more than 7 yearsand 6 months earlier so as to confer on the utility any financial benefit by deferment of the time forrenewal of the apparatus in the ordinary course, be reduced by the amount which represents thatbenefit.

Paragraphs (3) to (6) do not apply where the authorised development constitutes major highway(6) works, major bridge works or major transport works for the purposes of Part 3 of the 1991 Act (streetworks in England and Wales), but instead—

the allowable costs of the relocation works must be determined in accordance with section 85(a)of that Act (sharing of cost of necessary measures) and any regulations for the time beinghaving effect under that section; and

the allowable costs must be borne by the undertaker and the statutory utility in such(b)proportions as may be prescribed by any such regulations.

In this article—(7)

“apparatus” has the same meaning as in Part 3 of the 1991 Act (street works in England andWales);

“relocation works” means work executed, or apparatus provided, under paragraph (2); and

14

15

“statutory utility” means a statutory undertaker for the purposes of the 1980 Act or a publiccommunications provider as defined in section 151(1) of the Communications Act 2003(s)(Interpretation of Chapter 1).

Access to works

The undertaker may, for the purposes of the construction and/or the maintenance of the16.authorised development—

form and lay out means of access, or improve existing means of access, as specified in(a)columns (1) and (2) of Parts 1 and 2 of Schedule 7 (access to works); and

with the approval of the relevant planning authority, which is not to be unreasonably withheld(b)or delayed, after consultation with the highway authority, form and lay out such other meansof access or improve existing means of access, at such locations within the Order limits as theundertaker reasonably requires for the purposes of the authorised development.

Traffic regulation

— Subject to the provisions of this article and the consent of the traffic authority in whose area17.the road concerned is situated, which consent must not be unreasonably withheld or delayed, theundertaker may, in so far as may be expedient or necessary for the purposes of or in connection withconstruction, operation, or maintenance of the authorised development—

revoke, amend or suspend in whole or in part any order made, or having effect as if made,(a)under the 1984 Act;

permit, prohibit or restrict the stopping, parking, waiting, loading or unloading of vehicles on(b)any road;

authorise the use as a parking place of any road;(c)

make provision as to the direction or priority of vehicular traffic on any road; and(d)

permit or prohibit vehicular access to any road;(e)

either at all times or at times, on days or during such periods as may be specified by the undertaker.

The undertaker may not exercise the powers in paragraph (1) unless it has—(1)

given not less than 4 weeks’ notice in writing of its intention so to do to the chief officer of(a)police and to the traffic authority in whose area the road is situated; and

advertised its intention in such manner as the traffic authority may specify in writing within 7(b)days of its receipt of notice of the undertaker’s intention under sub-paragraph (a).

Any prohibition, restriction or other provision made by the undertaker under paragraph (1)—(2)

has effect as if duly made by, as the case may be—(a)

the traffic authority in whose area the road is situated as a traffic regulation order under(i)the 1984 Act; or

the local authority in whose area the road is situated as an order under section 32 of the(ii)1984 Act (power of local authorities to provide parking places); and

is deemed to be a traffic order for the purposes of Schedule 7 to the Traffic Management Act(b)2004(t) (road traffic contraventions subject to civil enforcement).

Any prohibition, restriction or other provision made under this article may be suspended, varied(3) or revoked by the undertaker from time to time by subsequent exercise of the powers conferred byparagraph (1) at any time.

Before complying with the provisions of paragraph (2) the undertaker must consult the chief(4) officer of police and the traffic authority in whose area the road is situated.

Expressions used in this article and in the 1984 Act have the same meaning in this article as in(5) that Act.

15

(s) 2003 c.21.(b) 2004 c.18.

16

Agreements with street authorities

— A street authority and the undertaker may enter into agreements with respect to—18.

the construction of any new street including any structure carrying the street over or under any(a)part of the authorised development;

the strengthening, improvement, repair or reconstruction of any street under the powers(b)conferred by this Order;

any stopping up, alteration or diversion of a street authorised by this Order;(c)

the undertaking in the street of any of the works referred to in article 10(1) (street works);(d)and/or

the adoption by a street authority which is a highway authority of works—(e)

undertaken on a street which is existing publicly maintainable highway; and/or(i)

which the undertaker and highway authority agree are to be adopted as publicly(ii)maintainable highway.

If such an agreement provides that the street authority must undertake works on behalf of the(1) undertaker the agreement may, without prejudice to the generality of paragraph (1)—

make provision for the street authority to carry out any function under this Order which relates(a)to the street in question;

include an agreement between the undertaker and street authority specifying a reasonable time(b)for completion of the works; and

contain such terms as to payment and otherwise as the parties consider appropriate.(c)

Supplemental powers

Discharge of water

— The undertaker may use any watercourse or any public sewer or drain for the drainage of water19.in connection with the carrying out or maintenance of the authorised development and for that purposemay lay down, take up and alter pipes and may, on any land within the Order limits, make openingsinto, and connections with, the watercourse, public sewer or drain.

Any dispute arising from the making of connections to or the use of a public sewer or drain by(1) the undertaker pursuant to paragraph (1) is to be determined as if it were a dispute under section 106 ofthe Water Industry Act 1991(u) (right to communicate with public sewers).

The undertaker must not discharge any water into any watercourse, public sewer or drain except(2) with the consent of the person to whom it belongs; and such consent may be given subject to suchterms and conditions as that person may reasonably impose, but must not be unreasonably withheld ordelayed.

The undertaker must not make any opening into any public sewer or drain except—(3)

in accordance with plans approved by the person to whom the sewer or drain belongs, but(a)such approval must not be unreasonably withheld or delayed; and

where that person has been given the opportunity to supervise the making of the opening.(b)

The undertaker must not, in carrying out or maintaining works pursuant to this article, damage or(4) interfere with the bed or banks of any watercourse forming part of a main river.

The undertaker must take such steps as are reasonably practicable to secure that any water(5) discharged into a watercourse or public sewer or drain pursuant to this article is as free as may bepracticable from gravel, soil or other solid substance, oil or matter in suspension; but nothing in thisOrder requires the undertaker to maintain a watercourse or public sewer or drain or the drainageworks.

This article does not authorise the discharge or entry into inland fresh waters or coastal waters of(6) any matter whose entry or discharge into those waters is prohibited by regulation 38 of theEnvironmental Permitting (England and Wales) Regulations 2010(v).

16

(u) 1991 c.56; section 106 is amended by sections 36(2) and 99 of the Water Act 2003 (c.37); there are other amendments to that section that are not relevant to this Order.

(v) S.I. 2010/675.

17

In this article—(7)

“public sewer or drain” means a sewer or drain which belongs to the Environment Agency, an(a)internal drainage board, a joint planning board, a local authority or a sewerage undertaker;

“watercourse” includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes,(b)sluices, sewers and passages through which water flows except a public sewer or drain; and

other expressions, excluding watercourse, used both in this article and in the Water Resources(c)Act 1991(w) have the same meaning as in that Act.

Protective work to buildings

— Subject to the following provisions of this article, the undertaker may at its own expense carry20.out such protective works to any building lying within the Order limits as the undertaker considersnecessary or expedient.

Protective works may be carried out—(1)

at any time before or during the carrying out in the vicinity of the building of any part of the(a)authorised development; or

after the completion of that part of the authorised development in the vicinity of the building(b)at any time up to the end of the period of 5 years beginning with the day on which that part ofthe authorised development is first brought into operational use for the purpose for which itwas designed.

For the purpose of determining how the functions under this article are to be exercised the(2) undertaker may enter and survey any building falling within paragraph (1) and any land within itscurtilage.

For the purpose of carrying out protective works under this article to a building the undertaker(3) may (subject to paragraphs (5) and (6))—

enter the building and any land within its curtilage; and(a)

where the works cannot be carried out reasonably conveniently without entering land which is(b)adjacent to the building but outside its curtilage, enter the adjacent land (but not any buildingerected on it).

Before exercising—(4)

a right under paragraph (1) to carry out protective works to a building;(a)

a right under paragraph (3) to enter a building and land within its curtilage;(b)

a right under sub-paragraph (4)(a) to enter a building and land within its curtilage; or(c)

a right under sub-paragraph (4)(b) to enter land,(d)

the undertaker must, except in the case of emergency, serve on the owners and occupiers of thebuilding or land not less than 14 days’ notice of its intention to exercise that right and, in a case fallingwithin sub-paragraph (a) or (c), specifying the protective works proposed to be carried out.

Where a notice is served under sub-paragraph (5)(a), (5)(c) or (5)(d), the owner or occupier of the(5) building or land concerned may, by serving a counter-notice within the period of 10 days beginningwith the day on which the notice was served, require the question whether it is necessary or expedientto carry out the protective works or to enter the building or land to be referred to arbitration underarticle 51 (arbitration).

The undertaker must compensate the owners and occupiers of any building or land in relation to(6) which rights under this article have been exercised for any loss or damage arising to them by reason ofthe exercise of those rights.

Where—(7)

protective works are carried out under this article to a building; and(a)

within the period of 5 years (beginning with the day on which the part of the authorised(b)development carried out in the vicinity of the building is first brought into operational use forthe purpose for which it was designed) it appears that the protective works are inadequate toprotect the building against damage caused by the carrying out or use of that part of theauthorised development,

17

(w) 1991 c.57.

the undertaker must compensate the owners and occupiers of the building for any loss or damagesustained by them.

Nothing in this article relieves the undertaker from any liability to pay compensation under(8) section 10(2) of the 1965 Act (compensation for injurious affection).

Any compensation payable under paragraph (7) or (8) must be determined, in case of dispute,(9) under Part 1 of the 1961 Act (determination of questions of disputed compensation).

In this article “protective works” in relation to a building means—(10)

underpinning, strengthening and any other works the purpose of which is to prevent damage(a)which may be caused to the building by the carrying out, maintenance or use of the authoriseddevelopment; and

any works the purpose of which is to remedy any damage which has been caused to the(b)building by the carrying out, maintenance or use of the authorised development.

Authority to survey and investigate the land

— The undertaker may for the purposes of this Order enter on any land shown within the Order21.limits or which may be affected by the authorised development and—

survey and/or investigate the land;(a)

without prejudice to the generality of sub-paragraph (a), make trial holes in such positions on(b)the land as the undertaker thinks fit to investigate the nature of the surface layer and/or subsoiland/or to remove soil samples;

without prejudice to the generality of sub-paragraph (a), carry out ecological and/or(c)archaeological investigations on the land; and/or

place on, leave on and remove from the land apparatus for use in connection with the survey(d)and/or investigation of land, the making of trial holes.

The power conferred by sub-paragraph (1)(c) includes without prejudice to the generality of that(1) sub-paragraph the power to take, and process, samples of or from any of the following found on, in orover the land—

water;(a)

air;(b)

soil or rock;(c)

its flora;(d)

bodily excretions, or dead bodies, of non-human creatures; or(e)

any non-living thing present as a result of human action.(f)

No land may be entered or equipment placed or left on or removed from the land under paragraph(2) (1) unless at least 14 days’ notice has been served on every owner and occupier of the land.

Any person entering land under this article on behalf of the undertaker—(3)

must, if so required entering the land, produce written evidence of their authority to do so; and(a)

may take with them such vehicles and equipment as are necessary to carry out the survey,(b)investigation, monitoring, or to make the trial holes.

No trial holes may be made under this article—(4)

in land located within the highway boundary without the consent of the highway authority; or(a)

in a private street without the consent of the street authority,(b)

but such consent must not be unreasonably withheld or delayed.

The undertaker must compensate the owners and occupiers of the land for any loss or damage(5) arising by reason of the exercise of the authority conferred by this article, such compensation to bedetermined, in case of dispute, under Part 1 of the 1961 Act (determination of questions of disputedcompensation).

Removal of human remains

— In this article “the specified land” means any land within the Order limits.22.

18 18

Before the undertaker carries out any development or works which will or may disturb any(1) human remains in the specified land it must remove those human remains from the specified land, orcause them to be removed, in accordance with the following provisions of this article.

Before any such remains are removed from the specified land the undertaker must give notice of(2) the intended removal, describing the specified land and stating the general effect of the followingprovisions of this article, by—

publishing a notice once in each of two successive weeks in a newspaper circulating in the(a)area of the authorised development; and

displaying a notice in a conspicuous place on or near to the specified land.(b)

As soon as reasonably practicable after the first publication of a notice under paragraph (3) the(3) undertaker must send a copy of the notice to the relevant planning authority.

At any time within 56 days after the first publication of a notice under paragraph (3) any person(4) who is a personal representative or relative of any deceased person whose remains are interred in thespecified land may give notice in writing to the undertaker of that person’s intention to undertake theremoval of the remains.

Where a person has given notice under paragraph (5), and the remains in question can be(5) identified, that person may cause such remains to be—

removed and re-interred in any burial ground or cemetery in which burials may legally take(a)place; or

removed to, and cremated in, any crematorium,(b)

and that person must, as soon as reasonably practicable after such re-interment or cremation, provide tothe undertaker a certificate for the purpose of enabling compliance with paragraph (11).

If the undertaker is not satisfied that any person giving notice under paragraph (5) is the personal(6) representative or relative as that person claims to be, or that the remains in question can be identified,the question must be determined on the application of either party in a summary manner by the countycourt, and the court may make an order specifying who must remove the remains and as to the paymentof the costs of the application.

The undertaker must pay the reasonable expenses of removing and re-interring or cremating the(7) remains of any deceased person under this article.

If—(8)

within the period of 56 days referred to in paragraph (5) no notice under that paragraph has(a)been given to the undertaker in respect of any remains in the specified land; or

such notice is given and no application is made under paragraph (7) within 56 days after the(b)giving of the notice but the person who gave the notice fails to remove the remains within afurther period of 56 days; or

within 56 days after any order is made by the county court under paragraph (7) any person,(c)other than the undertaker, specified in the order fails to remove the remains; or

it is determined that the remains to which any such notice relates cannot be identified,(d)

subject to paragraph (10) the undertaker must remove the remains and cause them to be re-interred insuch burial ground or cemetery in which burials may legally take place as the undertaker thinkssuitable for the purpose; and, so far as possible, remains from individual graves must be re-interred inindividual containers which must be identifiable by a record prepared with reference to the originalposition of burial of the remains that they contain.

If the undertaker is satisfied that any person giving notice under paragraph (5) is the personal(9) representative or relative as that person claims to be and that the remains in question can be identified,but that person does not remove the remains, the undertaker must comply with any reasonable requestthat person may make in relation to the removal and re-interment or cremation of the remains.

On the re-interment or cremation of any remains under this article—(10)

a certificate of re-interment or cremation must be sent by the undertaker to the Registrar(a)General by the undertaker giving the date of re-interment or cremation and identifying theplace from which the remains were removed and the place in which they were re-interred orcremated; and

19 19

20

a copy of the certificate of re-interment or cremation and the record mentioned in paragraph(b)(9) must be sent by the undertaker to the relevant planning authority mentioned in paragraph(4).

The removal of the remains of any deceased person under this article must be carried out in(11) accordance with any directions which may be given by the Secretary of State.

Any jurisdiction or function conferred on the county court by this article may be exercised by(12) the district judge of the court.

Section 25 of the Burial Act 1857(x) (bodies not to be removed from burial grounds, save under(13) faculty, without licence of Secretary of State) does not apply to a removal carried out in accordancewith this article.

Sections 238 and 239 of the 1990 Act (use and development of consecrated land and burial(14) grounds) apply—

in relation to land, other than a right over land, acquired for the purposes of the authorised(a)development (whether or not by agreement), so as to permit use by the undertaker inaccordance with the provisions of this Order; and

in relation to a right over land so acquired (whether or not by agreement), or the temporary(b)use of land pursuant to articles 28 (temporary use of land for carrying out the authoriseddevelopment) and 29 (temporary use of land for maintaining the authorised development), soas to permit the exercise of that right or the temporary use by the undertaker in accordancewith the provisions of this Order, without prejudice to the status of the land over which theright is exercised as consecrated land,

and in section 238(1)(b) of the 1990 Act reference to a “planning permission” includes this Order, insection 240(1) of the 1990 Act reference to “regulations made for the purposes of sections 238(3) and(4) and 239(2)” means, so far as applicable to land or a right over land acquired under this Order,paragraphs (2) to (13) of this article and in section 240(3) of the 1990 Act reference to a “statutoryundertaker” includes the undertaker and reference to “any other enactment” includes this Order.

The Town and Country Planning (Churches, Places of Religious Worship and Burial Ground)(15) Regulations 1950(y) do not apply to the authorised development.

PART 3

ACQUISITION AND POSSESSION OF LAND

Powers of acquisition

Compulsory acquisition of land

— The undertaker may acquire compulsorily so much of the Order land as is required for the23.authorised development or to facilitate it, or is incidental to it.

As from the date on which a compulsory acquisition notice under section 134(3) of the 2008 Act(1) (notice of authorisation of compulsory acquisition) is served or the date on which the Order land, orany part of it, is vested in the undertaker, whichever is the later, all rights, trusts and incidents to whichthat land or that part of it which is vested (as the case may be) was previously subject are discharged orsuspended, so far as their continuance would be inconsistent with the exercise of the powers under thisOrder.

Any person who suffers loss by the extinguishment or suspension of any private right of way(2) under this article is entitled to compensation to be determined, in case of dispute, under Part 1 of the1961 Act (determination of questions of disputed compensation).

This article is subject to article 25 (acquisition of subsoil only) and article 28 (temporary use of(3) land for carrying out the authorised development).

20

(x) 1857 c.81; section 25 is amended by the Criminal Justice Act 1982 (c.48) s.46.

(y) S.I. 1950/792.

Compulsory acquisition of rights

— The undertaker may acquire compulsorily the existing rights and create and acquire24.compulsorily the new rights described in the book of reference and shown on the land plans.

As from the date on which a compulsory acquisition notice is served or the date on which any(1) new right is vested in the undertaker, whichever is the later, the land over which any new rights isacquired is discharged from all rights, trusts and incidents to which it was previously subject so far astheir continuance would be inconsistent with the exercise of that new right.

Subject to section 8 of the 1965 Act (other provisions as to divided land), as substituted by article(2) 33 (acquisition of part of certain properties), where the undertaker acquires an existing right over landunder paragraph (1), the undertaker is not required to acquire a greater interest in that land.

Schedule 13 (modification of compensation and compulsory purchase enactments for creation of(3) new rights) has effect for the purpose of modifying the enactments relating to compensation and theprovisions of the 1965 Act in their application in relation to the compulsory acquisition under thisarticle of a right over land by the creation of a new right or the imposition of a restrictive covenant.

Any person who suffers loss as a result of the extinguishment or suspension of any private right(4) of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1of the 1961 Act (determination of questions of disputed compensation).

Acquisition of subsoil only

— The undertaker may acquire compulsorily so much of, or such rights in, the subsoil of the land25.referred to in paragraph 23(1) of article 23 (compulsory acquisition of land) as may be required for anypurpose for which that land may be acquired under that provision instead of acquiring the whole of theland.

Where the undertaker acquires any part of, or rights in, the subsoil of land under paragraph (1),(1) the undertaker is not required to acquire an interest in any other part of the land.

Paragraph (2) does not prevent article 33 (acquisition of part of certain properties) from applying(2) where the undertaker acquires a cellar, vault, arch or other construction forming part of a house,building or manufactory.

Power to override easements and other rights

— Any authorised activity which takes place on land within the Order limits (whether the activity26.is undertaken by the undertaker or by any person deriving title from the undertaker or by any servantsor agents of the undertaker) is authorised by this Order if it is done in accordance with the terms of thisOrder, notwithstanding that it involves—

an interference with an interest or right to which this article applies; or(a)

a breach of a restriction as to the user of land arising by virtue of a contract.(b)

In this article “authorised activity” means—(1)

the erection, construction or carrying out, operation or maintenance of any part of the(a)authorised development;

the exercise of any power authorised by this Order; or(b)

the use of any land (including the temporary use of land).(c)

The interests and rights to which this article applies include any easement, liberty, privilege, right(2) or advantage annexed to land and adversely affecting other land, including any natural right to supportand include restrictions as to the user of land arising by virtue of a contract.

Where an interest, right or restriction is overridden by paragraph (1), compensation—(3)

is payable under section 7 or 10 of the 1965 Act; and(a)

must be assessed in the same manner and subject to the same rules as in the case of other(b)compensation under those sections where—

the compensation is to be estimated in connection with a purchase under that Act; or(i)

the injury arises from the execution of works on or use of land acquired under that Act.(ii)

21 21

22

Nothing in this article may be construed as authorising any act or omission on the part of any(4) person which is actionable at the suit of any person on any grounds other than such an interference orbreach as is mentioned in paragraph (1) of this article.

Application of the Compulsory Purchase (Vesting Declarations) Act 1981

— The Compulsory Purchase (Vesting Declarations) Act 1981(z) applies as if this Order were a27.compulsory purchase order and as if the undertaker were a public authority under section 1(2) of thatAct.

The Compulsory Purchase (Vesting Declarations) Act 1981, as so applied, has effect with the(1) following modifications.

In section 3 (preliminary notices), for subsection (1) there is substituted—(2)

“(1) Before making a declaration under section 4 with respect to any land which is subject to acompulsory purchase order, the acquiring authority must include the particulars specified insubsection (3) in a notice which is—

(a) given to every person with a relevant interest in the land with respect to which thedeclaration is to be made (other than a mortgagee who is not in possession); and

(b) published in a local newspaper circulating in the area in which the land is situated.”.

In that section, in subsection (2), for “(1)(b)” there is substituted “(1)” and after “given” there is(3) inserted “and published”.

In that section, for subsections (5) and (6) there is substituted—(4)

“(5) For the purposes of this section, a person has a relevant interest in land if—

(a) that person is for the time being entitled to dispose of the fee simple of the land,whether in possession or in reversion; or

(b) that person holds, or is entitled to the rents and profits of, the land under a lease oragreement, the unexpired term of which exceeds one month.”.

In section 5 (earliest date for execution of declaration)—(5)

in subsection (1), after “publication” there is inserted “in a local newspaper circulating in the(a)area in which the land is situated”; and

subsection (2) is omitted.(b)

In section 7 (constructive notice to treat), in subsection (1)(a), the words “(as modified by section(6) 4 of the Acquisition of Land Act 1981)” are omitted.

References to the 1965 Act in the Compulsory Purchase (Vesting Declarations) Act 1981 are to(7) be construed as references to that Act as applied by section 125 of the 2008 Act to the compulsoryacquisition of land under this Order.

Temporary possession of land

Temporary use of land for carrying out the authorised development

— The undertaker may, in connection with the carrying out of the authorised development—28.

enter on and take temporary possession of—(a)

the land specified in columns (1) and (2) of Schedule 9 (land of which temporary(i)possession may be taken) for the purpose specified in relation to that land in column (3)of that Schedule relating to the part of the authorised development specified in column(4) of that Schedule;

any Order land in respect of which no notice of entry has been served under section 11(ii)of the 1965 Act (powers of entry) (other than in connection with the requisition of rightsonly) and no declaration has been made under section 4 of the Compulsory Purchase(Vesting Declarations) Act 1981 (execution of declaration) for the purposes ofconstructing and carrying out the authorised development;

remove any buildings and vegetation from the land referred to in paragraphs (1)(a)(i) and(b)(a)(ii);

22

(z) 1981 c.66.

23

construct temporary works (including the provision of means of access) and buildings on the(c)land referred to in paragraphs (1)(a)(i) and (a)(ii); and

construct and carry out any mitigation works on the land referred to in paragraphs (a)(i) and(d)(a)(ii).

Not less than 14 days before entering on and taking temporary possession of land under this(1) article the undertaker must serve notice of the intended entry on the owners and occupiers of the land.

The undertaker may not, without the agreement of the owners of the land, remain in possession(2) of any land under this article—

in the case of land specified in paragraph (1)(a)(i) after the end of the period of one year(a)beginning with the date of completion the authorised development; or

in the case of land referred to in paragraph (1)(a)(ii), after the end of the period of one year(b)beginning with the date of completion of the authorised development unless the undertakerhas, before the end of that period, served a notice of entry under section 11 of the 1965 Act ormade a declaration under section 4 of the Compulsory Purchase (Vesting Declaration) Act1981,

and in this paragraph the date on which the authorised development is completed means the(c)date on which the undertaker has certified that it is first capable of being brought intooperational use for the purpose for which it was designed.

Before giving up possession of land of which temporary possession has been taken under this(3) article, unless otherwise agreed by the owners of the land, the undertaker must remove all temporaryworks and restore the land to the reasonable satisfaction of the owners of the land; but the undertaker isnot required to—

replace a building removed under this article;(a)

restore the land on which any permanent works have been constructed under sub-paragraph(b)(1)(d); or

remove any ground-strengthening works which have been placed in that land to facilitate(c)construction of the authorised development.

The undertaker must pay compensation to the owners and occupiers of land of which temporary(4) possession is taken under this article for any loss or damage arising from the exercise in relation to theland of the provisions of any power conferred by this article.

Any dispute as to a person’s entitlement to compensation under paragraph (5), or as to the(5) amount of the compensation, must be determined under Part 1 of the 1961 Act (determination ofquestions of disputed compensation).

Nothing in this article affects any liability to pay compensation under section 10(2) of the 1965(6) Act (further provisions as to compensation for injurious affection) or under any other enactment inrespect of loss or damage arising from the carrying out of the authorised development, other than lossor damage for which compensation is payable under paragraph (5).

The undertaker may not compulsorily acquire under this Order the land referred to in paragraph(7) (1)(a)(i), or acquire existing rights or create and acquire new rights over any part of that land underarticle 24 (compulsory acquisition of rights), or acquire any part of the subsoil (or rights in the subsoil)of that land under article 25 (acquisition of subsoil only), except that the undertaker is not be precludedfrom—

carrying out protective works on that land under article 20 (protective work to buildings); or(a)

carrying out a survey on that land under article 21 (authority to survey and investigate the(b)land).

Where the undertaker takes possession of land under this article, the undertaker is not required to(8) acquire the land or any interest in it.

Section 13 of the 1965 Act(aa) (refusal to give possession to acquiring authority) applies to the(9) temporary use of land pursuant to this article to the same extent as it applies to the compulsoryacquisition of land under this Order by virtue of section 125 of the 2008 Act (application ofcompulsory acquisition provisions).

Subject to paragraph (3), nothing in this article prevents the taking of temporary possession(10) pursuant to it more than once in relation to any land specified in paragraph (1).

23

(aa) Section 13 is amended by section 139 of the Tribunals, Courts and Enforcement Act 2007 (c.15).

Temporary use of land for maintaining the authorised development

— Subject to paragraph (2) the undertaker may during the maintenance period—29.

enter on and take temporary possession of any land within the Order limits if such possession(a)is reasonably required for the purpose of maintaining the authorised development;

enter on any land within the Order limits for the purpose of gaining access as is reasonably(b)required for the purpose of maintaining the authorised development; and

construct such temporary works (including the provision of means of access) and buildings on(c)the land as may be reasonably necessary for that purpose.

Paragraph (1) does not authorise the undertaker to take temporary possession of—(1)

any house or garden belonging to a house; or(a)

any building (other than a house) if it is for the time being occupied.(b)

Not less than 28 days before entering on and taking temporary possession of land under this(2) article the undertaker must serve notice of the intended entry on the owners and occupiers of the land,except as provided in paragraph (11).

The undertaker may only remain in possession of land under this article for so long as may be(3) reasonably necessary to carry out the maintenance of the part of the authorised development for whichpossession of the land was taken.

Before giving up possession of land of which temporary possession has been taken under this(4) article, the undertaker must remove all temporary works and restore the land to the reasonablesatisfaction of the owners of the land.

The undertaker must pay compensation to the owners and occupiers of land of which temporary(5) possession is taken under this article for any loss or damage arising from the exercise in relation to theland of the provisions of this article.

Any dispute as to a person’s entitlement to compensation under paragraph (6), or as to the(6) amount of the compensation, must be determined under Part 1 of the 1961 Act (determination ofquestions of disputed compensation).

Nothing in this article affects any liability to pay compensation under section 10(2) of the 1965(7) Act (further provisions as to compensation for injurious affection) or under any other enactment inrespect of loss or damage arising from the maintenance of the authorised development, other than lossor damage for which compensation is payable under paragraph (6).

Where the undertaker takes possession of land under this article, the undertaker is not required to(8) acquire the land or any interest in it.

Section 13 of the 1965 Act (refusal to give possession to acquiring authority) applies to the(9) temporary use of land pursuant to this article to the same extent as it applies to the compulsoryacquisition of land under this Order by virtue of section 125 of the 2008 Act (application ofcompulsory acquisition provisions).

Where the undertaker has identified a potential risk to the safety of—(10)

the authorised development or any part of it; or(a)

the public; or(b)

the surrounding environment,(c)

the requirement to serve not less than 28 days’ notice under paragraph (3) does not apply and theundertaker may enter the land pursuant to paragraph (1) subject to giving such period of notice (if any)as is reasonably practicable in all the circumstances.

In this article the “maintenance period” means in relation to any part of the authorised(11) development the period of 5 years beginning with the date on which the authorised development is firstbrought into operational use for the purpose for which it was designed.

24 24

Compensation

Disregard of certain interests and improvements

— In assessing the compensation payable to any person on the acquisition from that person of any30.land or right over any land under this Order, the tribunal must not take into account—

any interest in land; or(a)

any enhancement of the value of any interest in land by reason of any building erected, works(b)executed or improvement or alteration made on relevant land,

if the tribunal is satisfied that the creation of the interest, the erection of the building, the execution ofthe works or the making of the improvement or alteration as part of the authorised development wasnot reasonably necessary and was undertaken with a view to obtaining compensation or increasedcompensation.

In paragraph (1) “relevant land” means the land acquired from the person concerned or any other(1) land with which that person is, or was at the time when the building was erected, the works executedor the improvement or alteration made as part of the authorised development, directly or indirectlyconcerned.

Set-off for enhancement in value of retained land

— In assessing the compensation payable to any person in respect of the acquisition from that31.person under this Order of any land (including the subsoil) the tribunal must set off against the value ofthe land so acquired any increase in value of any contiguous or adjacent land belonging to that personin the same capacity which will accrue to that person by reason of the construction of the authoriseddevelopment.

In assessing the compensation payable to any person in respect of the acquisition from that(1) person of any new rights over land (including the subsoil), under article 24 (compulsory acquisition ofrights), the tribunal must set off against the value of the rights so acquired—

any increase in the value of the land over which the new rights are required; and(a)

any increase in value of any contiguous or adjacent land belonging to that person in the same(b)capacity,

which will accrue to that person by reason of the construction of the authorised development.

The 1961 Act has effect, subject to paragraphs (1) and (2), as if this Order were a local enactment(2) for the purposes of that Act.

No double recovery

Compensation is not payable in respect of the same matter both under this Order and under any32.other enactment, any contract or any rule of law, or under two or more different provisions under thisOrder.

Supplementary

Acquisition of part of certain properties

— This article applies instead of section 8(1) of the 1965 Act (other provisions as divided land)33.(as applied by section 125 of the 2008 Act) where—

a notice to treat is served on a person (“the owner”) under the 1965 Act (as so applied) in(a)respect of land forming only part of a house, building or manufactory or of land consisting ofa house with a park or garden (“the land subject to the notice to treat”); and

a copy of this article is served on the owner with the notice to treat.(b)

In such a case, the owner may, within the period of 21 days beginning with the day on which the(1) notice was served, serve on the undertaker a counter-notice objecting to the sale of the land subject tothe notice to treat which states that the owner is willing and able to sell the whole (“the land subject tothe counter-notice”).

If no such counter-notice is served within that period, the owner is required to sell the land(2) subject to the notice to treat.

25 25

If such a counter-notice is served within that period, the question whether the owner is required(3) to sell only the land subject to the notice to treat must, unless the undertaker agrees to take the landsubject to the counter-notice, be referred to the tribunal.

If on such a reference the tribunal determines that the land subject to the notice to treat can be(4) taken—

without material detriment to the remainder of the land subject to the counter-notice; or(a)

where the land subject to the notice to treat consists of a house with a park or garden, without(b)material detriment to the remainder of the land subject to the counter-notice and withoutseriously affecting the amenity and convenience of the house,

the owner must sell the land subject to the notice to treat.

If on such a reference the tribunal determines that only part of the land subject to the notice to(5) treat can be taken—

without material detriment to the remainder of the land subject to the counter-notice; or(a)

where the land subject to the notice to treat consists of a house with a park or garden, without(b)material detriment to the remainder of the land subject to the counter-notice and withoutseriously affecting the amenity and convenience of the house,

the notice to treat is deemed to be a notice to treat for that part.

If on such a reference the tribunal determines that—(6)

the land subject to the notice to treat cannot be taken without material detriment to the(a)remainder of the land subject to the counter-notice; but

the material detriment is confined to a part of the land subject to the counter-notice,(b)

the notice to treat is deemed to be a notice to treat for the land to which the material detriment isconfined in addition to the land already subject to the notice, whether or not the additional land is landwhich the undertaker is authorised to acquire compulsorily under this Order.

If the undertaker agrees to take the land subject to the counter-notice, or if the tribunal determines(7) that—

none of the land subject to the notice to treat can be taken without material detriment to the(a)remainder of the land subject to the counter-notice or, as the case may be, without materialdetriment to the remainder of the land subject to the counter-notice and without seriouslyaffecting the amenity and convenience of the house; and

the material detriment is not confined to a part of the land subject to the counter-notice,(b)

the notice to treat is deemed to be a notice to treat for the land subject to the counter-notice whether ornot the whole of that land is land which the undertaker is authorised to acquire compulsorily under thisOrder.

Where, by reason of a determination by the tribunal under this article, a notice to treat is deemed(8) to be a notice to treat for less land or more land than that specified in the notice, the undertaker may,within the period of 6 weeks beginning with the day on which the determination is made, withdraw thenotice to treat; and, in that event, must pay the owner compensation for any loss or expense occasionedto the owner by the giving and withdrawal of the notice, to be determined in case of dispute by thetribunal.

Where the owner is required under this article to sell only part of a house, building or(9) manufactory or of land consisting of a house with a park or garden, the undertaker must pay the ownercompensation for any loss sustained by the owner due to the severance of that part in addition to thevalue of the interest acquired.

Statutory undertakers

— The undertaker may—34.

acquire compulsorily the land belonging to statutory undertakers shown on the land plans(a)within the limits of the land to be acquired and described in the book of reference;

extinguish the rights of, remove or reposition the apparatus belonging to statutory undertakers(b)where such apparatus is anywhere within the Order limits; and

acquire compulsorily the new rights over land belonging to statutory undertakers described in(c)the book of reference and shown on the land plans.

26 26

27

Parts 1 and 2 of Schedule 11 (protective provisions) apply to the power in sub-paragraph (1)(b).(1)

Recovery of costs of new connections

— Where any apparatus of a public utility undertaker or of a public communications provider is35.removed under article 34 (statutory undertakers) any person who is the owner or occupier of premisesto which a supply was given from that apparatus is entitled to recover from the undertakercompensation in respect of expenditure reasonably incurred by that person, in consequence of theremoval, for the purpose of effecting a connection between the premises and any other apparatus fromwhich a supply is given.

Paragraph (1) does not apply in the case of the removal of a public sewer but where such a sewer(1) is removed under article 34 any person who is—

the owner or occupier of premises the drains of which communicated with that sewer; or(a)

the owner of a private sewer which communicated with that sewer,(b)

is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurredby that person, in consequence of the removal, for the purpose of making the drain or sewer belongingto that person communicate with any other public sewer or with a private sewerage disposal plant.

This article does not have effect in relation to apparatus to which Part 3 of the 1991 Act (street(2) works in England and Wales) applies.

In this paragraph—(3)

“public communications provider” has the same meaning as in section 151(1) of theCommunications Act 2003(bb); and

“public utility undertaker” has the same meaning as in the 1980 Act.

Time limit for exercise of authority to acquire land compulsorily

— After the end of the period of 8 years beginning on the day on which this Order is made—36.

no notice to treat is to be served under Part 1 of the 1965 Act; and(a)

no declaration is to be executed under section 4 of the Compulsory Purchase (Vesting(b)Declarations) Act 1981(cc) as applied by article 27 (application of the Compulsory Purchase(Vesting Declarations) Act 1981).

The authority conferred by article 28 (temporary use of land for carrying out the authorised(1) development) ceases at the end of the period referred to in paragraph (1), save that nothing in thisparagraph prevents the undertaker remaining in possession of land after the end of that period, if theland was entered and possession was taken before the end of that period.

Private rights of way

— Subject to the provisions of this article, all private rights of way over land subject to37.compulsory acquisition under this Order are extinguished—

as from the date of acquisition of the land by the undertaker, whether compulsorily or by(a)agreement; or

on the date of entry on the land by the undertaker under section 11(1) of the 1965 Act(dd)(b)(power of entry),

whichever is the earlier.

Subject to the provisions of this article, all private rights of way over land owned by the(1) undertaker which, being within the limits of land which may be acquired shown on the land plans, isrequired for the purposes of this Order are extinguished on the appropriation of the land by theundertaker for any of those purposes.

27

(bb) 2003 c.21; there are amendments to section 151 that are not relevant to this Order.

(cc) 1981 c.66.

(dd) Section 11 is amended by Schedule 4 to the Acquisition of Land Act 1981 (c.67), Schedule 1 to the Housing (Consequential Provisions) Act 1985 (c.71), the Church of England (Miscellaneous Provisions) Measure 2006 No. 1 Sch.5 para.12(1) and the Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307).

28

Subject to the provisions of this article, all private rights of way over land of which the(2) undertaker takes temporary possession under this Order are suspended and unenforceable for as longas the undertaker remains in lawful possession of the land.

Any person who suffers loss by the extinguishment or suspension of any private right of way(3) under this article is entitled to compensation to be determined, in case of dispute, under Part 1 of the1961 Act (determination of questions of disputed compensation).

This article does not apply in relation to any right of way to which section 138 of the 2008 Act(4) (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) or article 34(statutory undertakers) applies.

Paragraphs (1) to (3) have effect subject to—(5)

any notice given by the undertaker before—(a)

the completion of the acquisition of the land,(i)

the undertaker’s appropriation of it,(ii)

the undertaker’s entry onto it, or(iii)

the undertaker’s taking temporary possession of it,(iv)

that any or all of those paragraphs do not apply to any right of way specified in the notice; and

any agreement made at any time between the undertaker and the person in or to whom the(b)right of way in question is vested or belongs.

If any such agreement as is referred to in sub-paragraph (6)(b)—(6)

is made with a person in or to whom the right of way is vested or belongs; and(a)

is expressed to have effect also for the benefit of those deriving title from or under that(b)person,

it is effective in respect of the persons so deriving title, whether the title was derived before or after themaking of the agreement.

Rights under or over streets

— The undertaker may enter on and appropriate so much of the subsoil of, or air-space over, any38.street within the Order limits as may be required for the purposes of the development and may use thesubsoil or air-space for those purposes or any other purpose ancillary to the authorised development.

Subject to paragraph (3), the undertaker may exercise any power conferred by paragraph (1) in(1) relation to a street without being required to acquire any part of the street or any easement or right inthe street.

Paragraph (2) does not apply in relation to—(2)

any subway or underground building; or(a)

any cellar, vault, arch or other construction in, on or under a street which forms part of a(b)building fronting onto the street.

Subject to paragraph (5), any person who is an owner or occupier of land appropriated under(3) paragraph (1) without the undertaker acquiring any part of that person’s interest in the land, and whosuffers loss as a result, is entitled to compensation to be determined, in case of dispute, under Part 1 ofthe 1961 Act (determination of questions of disputed compensation).

Compensation is not payable under paragraph (4) to any person who is an undertaker to whom(4) section 85 of the 1991 Act (sharing cost of necessary measures) applies in respect of measures ofwhich the allowable costs are to be borne in accordance with that section.

Incorporation of the mineral code

Parts 2 and 3 of Schedule 2 to the Acquisition of Land Act 1981(ee) (minerals) are incorporated39.in this Order subject to the modifications that—

for “the acquiring authority” substitute “the undertaker”;(a)

for “undertaking” substitute “authorised development”; and(b)

28

(ee) 1981 c.67.

29

for compulsory purchase order” substitute “this Order”.(c)

Open space

Schedule 8 (record of the satisfaction of the Secretary of State pursuant to section 132 of the40.2008 Act) to this Order has effect.

PART 4

MISCELLANEOUS AND GENERAL

Application of landlord and tenant law

— This article applies to—41.

any agreement for leasing to any person the whole or any part of the authorised development(a)or the right to operate the same; and

any agreement entered into by the undertaker with any person for the construction,(b)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 leasegranted by or under that agreement is to be provided for that person’s use.

No enactment or rule of law regulating the rights and obligations of landlords and tenants(1) prejudices the operation of any agreement to which this article applies.

Accordingly, no such enactment or rule of law applies in relation to the rights and obligations of(2) the parties to any lease granted by or under any such agreement so as to—

exclude or in any respect modify any of the rights and obligations of those parties under the(a)terms of the lease, whether with respect to the termination of the tenancy or any other matter;

confer or impose on any such party any right or obligation arising out of or connected with(b)anything done or omitted on or in relation to land which is the subject of the lease, in additionto any such right or obligation provided for by the terms of the lease; or

restrict the enforcement (whether by action for damages or otherwise) by any party to the(c)lease of any obligation of any other party under the lease.

Deemed consent under Part 4 (marine licensing) of the Marine and Coastal Access Act 2009

— A marine licence is deemed to have been issued to the undertaker under Part 4 (marine42.licensing) of the Marine and Coastal Access Act 2009(ff).

The marine licence deemed to have been issued under this article is set out at Schedule 10(1) (deemed marine licence under Part 4 (marine licensing) of the Marine and Coastal Access Act 2009).

Operational land for purposes of the 1990 Act

Development consent granted by this Order is to be treated as specific planning permission for43.the purposes of section 264(3)(a) of the 1990 Act (cases in which land is to be treated as not beingoperational land for the purposes of that Act).

Felling or lopping of trees or shrubs

— The undertaker may fell or lop any tree or shrub near any part of the authorised development,44.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(a)authorised development or any apparatus used in connection with the authorised development;or

from constituting a danger to persons constructing, maintaining, operating or using the(b)authorised development.

29

(ff) 2009 c.23.

30

The undertaker may not pursuant to paragraph (1) fell or lop a tree within the extent of the(1) publicly maintainable highway without the approval of the highway authority (which is not to beunreasonably withheld or delayed).

In carrying out any activity authorised by paragraph (1), the undertaker must not cause(2) unnecessary damage to any tree or shrub and must pay compensation to any person for any loss ordamage arising from such activity.

The undertaker may remove—(3)

hedgerows shown on the hedgerow plans;(a)

with the approval of the relevant planning authority, which is not to be unreasonably withheld(b)or delayed, any other hedgerow within the Order limits if the undertaker reasonably believes itto be necessary to do so for the purposes of the construction and/or carrying out of theauthorised development.

The undertaker is not required to obtain any consent to remove a hedgerow referred to in(4) paragraph ((4)) under the Hedgerows Regulations 1997(gg).

Reference to “planning permission” in regulation 6 (permitted work) of the Hedgerows(5) Regulations 1997 includes this Order.

In this article—(6)

“hedgerow” includes—(a)

hedgerows to which the Hedgerows Regulations 1997 apply; and(i)

any part of a hedgerow; and(ii)

the “hedgerow plans” mean the drawings listed in Part 5 (hedgerow plans) of Schedule 2(b)(plans) and certified as the hedgerow plans by the Secretary of State for the purposes of thisOrder.

Any dispute as to a person’s entitlement to compensation under paragraph (3), or as to the(7) amount of compensation, is to be determined under Part 1 of the 1961 Act (determination of questionsof disputed compensation).

Trees subject to tree preservation orders

— The undertaker may fell or lop any tree in respect of which a tree preservation order has been45.made on or after 10 June 2014, or cut back its roots if it reasonably believes it to be necessary in orderto do so to prevent the tree or shrub—

from obstructing or interfering with the construction, maintenance or operation of the(a)authorised development or any apparatus used in connection with the authorised development;or

from constituting a danger to persons constructing, maintaining, operating or using the(b)authorised development.

In carrying out any activity authorised by paragraph (1)—(1)

the undertaker must not do unnecessary damage to any tree or shrub and must pay(a)compensation to any person for any loss or damage arising from such activity; and

the duty contained in section 206(1) of the 1990 Act (replacement of trees) does not apply.(b)

The authority given by paragraph (1) constitutes a deemed consent under the relevant tree(2) preservation order.

Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the(3) amount of compensation, is to be determined under Part 1 of the 1961 Act (determination of questionsof disputed compensation).

In this article “tree preservation order” means an order made or having effect as if made under(4) section 198 of the 1990 Act (power to make tree preservation orders).

30

(gg) S.I. 1997/1160.

31

Resumption of land use following certain works

— This article applies to the resumption of the use of land used for the specified works for the46.use for which that land had normally been used before this Order was made.

Where this article applies, section 57(2) of the 1990 Act (planning permission required for(1) development) applies as if the development consent granted by this Order were planning permission todevelop land granted for a limited period.

In this article “specified works” means Work Nos. 2A, 7, 12, 14A(a) and paragraph (b) (further(2) associated development) of Schedule 1 (authorised development).

Application of the Community Infrastructure Levy

The Community Infrastructure Levy Regulations 2010(hh) apply to the authorised development47.as if this Order were a planning permission (for the purposes of regulation 5(1) of those Regulations)which (for the purposes of regulation 5(2) of those Regulations) had been granted for a limited period.

Protective provisions

Schedule 11 (protective provisions) to this Order has effect.48.

Certification of plans etc.

— The undertaker must, as soon as practicable after the making of this Order, submit to the49.Secretary of State copies of—

the access, rights of way and temporary stopping up plans;(a)

the approved plans;(b)

the Barmston Pumping Station parameter plan;(c)

the book of reference;(d)

the Camblesforth Multi-junction parameter plan;(e)

the code of construction practice;(f)

the drainage strategy;(g)

the environmental statement;(h)

the flood risk assessment;(i)

the hedgerow plans;(j)

the land plans; and(k)

the works plans,(l)

for certification that they are true copies of the plans or documents referred to in this Order.

A plan or document so certified is admissible in any proceedings as evidence of the contents of(1) the document of which it is a copy.

Service of notices

—(1) A notice or other document required or authorised to be served, given or supplied under this50.Order may be served, given or supplied in any of these ways—

by delivering it to the person on whom it is to be served or to whom it is to be given or(a)supplied;

by leaving it at the usual or last known place of abode of that person or, in a case where an(b)address for service has been given by that person, at that address;

by sending it by post, addressed to that person at that person’s usual or last known place of(c)abode or, in a case where an address for service has been given by that person, at that address;

31

(hh) S.I. 2010/948.

by sending it in a prepaid registered letter, or by the recorded delivery service, addressed to(d)that person at that person’s usual or last known place of abode or, in a case where an addressfor service has been given by that person, at that address;

in a case where an address for service using electronic communications has been given by that(e)person, by sending it using electronic communications, in accordance with the condition setout in paragraph (2), to that person at that address;

in the case of an incorporated company or body—(f)

by delivering it to the secretary or clerk of the company or body at their registered or(i)principal office;

by sending it by post, addressed to the secretary or clerk of the company or body at that(ii)office; or

by sending it in a prepaid registered letter or, or by the recorded delivery service,(iii)addressed to the secretary or clerk of the company or body at that office.

The condition mentioned in sub-paragraph (1)(e) is that the notice or other document must be -(1)

capable of being accessed by the person mentioned in that provision;(a)

legible in all material respects; and(b)

in a form sufficiently permanent to be used for subsequent reference.(c)

For the purposes of paragraph (2), “legible in all material respects” means that the information(2) contained in the notice or document is available to that person to no lesser extent than it would be ifserved, given or supplied by means of a notice or document in printed form.

Arbitration

Any difference or dispute under any provision of this Order (other than a difference or dispute51.which falls to be determined by the tribunal) must, unless otherwise provided for in this Order orunless otherwise agreed between the parties, be referred to and settled by a single arbitrator to beagreed between the parties or, failing agreement, to be appointed on the application of either party(after giving notice in writing to the other) by the Secretary of State.

Requirements

— Schedule 3 (requirements) of this Order has effect.52.

Save for paragraphs 2 (time limits), 3 (approved details), 4 (stages of authorised development), 7(1) (European protected species), 8 (scheme of ecological mitigation and reinstatement), 9 (water), 10(removal of trees and hedgerows), 12 (archaeology), 13 (construction hours), 14 (code of constructionpractice), 15 (noise), 18 (construction traffic plan), 19 (restoration of land used temporarily forconstruction), 20 (requirement for written approval), 21 (amendments to approved details), and 22(decommissioning) of Schedule 3 (requirements) and the definitions in paragraph 1 (interpretation) ofSchedule 3 (requirements) which relate to those paragraphs, Schedule 3 (requirements) does not applyto Work Nos. 5C and 15B of Schedule 1 (authorised development) so far as these fall within the UKmarine area.

Procedure in relation to certain approvals etc.

Schedule 14 (procedure in relation to certain approvals etc.) to this Order has effect.53.

Saving for Trinity House

Nothing in this Order prejudices or derogates from any of the rights, duties or privileges of54.Trinity House; and in this article “Trinity House” has the same meaning as that given in paragraph 1(interpretation) of Part 1 of Schedule 10 (deemed marine licence under Part 4 (marine licensing) ofthe Marine and Coastal Access Act 2009).

32 32

Crown rights

— Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or55.exemption of the Crown without the consent in writing of the appropriate Crown authority (as definedin the 2008 Act) and in particular, nothing in this Order authorises the undertaker—

to take, use, enter upon or in any manner interfere with any land or rights of any description(a)(including any portion of the shore or bed of the sea or any river, channel, creek, bay orestuary)—

belonging to Her Majesty in right of the Crown and forming part of the Crown Estate(i)without the consent in writing of the Crown Estate Commissioners;

belonging to Her Majesty in right of the Crown and not forming part of the Crown(ii)Estate without the consent in writing of the government department having themanagement of that land; or

belonging to a government department or held in trust for Her Majesty for the purposes(iii)of a government department without the consent in writing of that governmentdepartment; or

to exercise any right under this Order compulsorily to acquire an interest in any land which is(b)Crown land (as defined in the 2008 Act) which is for the time being held otherwise than by oron behalf of the Crown without the consent in writing of the appropriate Crown authority (asdefined in the 2008 Act).

A consent under paragraph (1) may be given unconditionally or subject to terms and conditions;(1) and is deemed to have been given in writing where it is sent electronically.

Signed by authority of the Secretary of State[Name of Secretary of State]

[●] [●] 201[●] Department of [●]

33 33

SCHEDULES

SCHEDULE 1 Articles 2 and 4

AUTHORISED DEVELOPMENT

A nationally significant infrastructure project as defined in sections 14 and 21 of the 2008 Act andassociated development within the meaning of section 115 of the 2008 Act comprising the worksdescribed below.

In the District of Selby in the County of North Yorkshire and in the East Riding of Yorkshire—

Work No. 1A – A carbon dioxide pipeline inspection facility at Drax, to be known as the Drax PIGTrap, including the following works and structures—

construction and/or installation of above and below ground piping, piping bridles and(a)bypasses, insulation joints, valves, actuators, vents, analysers, meters and filtration;

construction and/or installation of a PIG trap reception and insertion area including associated(b)hard standing, pipe supports, instrument building and associated photo voltaic cells, hardstanding for temporary generator, backfilled pits and chambers, gated security fence andcameras, pedestrian access, satellite dish, troughs, trays, ducting, drainage and drainageattenuation, internal vehicular access routes, turning areas, pedestrian areas, post and railfencing and landscape screening;

electrical and instrumentation construction and/or installation including instrumentation,(c)electrical cables, earthing protection, electricity and communications kiosks, satellite dish,control and telecommunications cables, utilities and utility metering, intruder detectionsystems and closed circuit television;

works, including pipes, to enable a tie in to the White Rose carbon capture and storage project(d)adjacent to Drax power station, Selby; and

extensions of those parts of the carbon dioxide pipeline comprised in Work No. 3A, the(e)cathodic protection facility comprised in Work No. 1B and an access road which link toelements within this Work No. 1A.

Work No. 1B – A cathodic protection facility including a transformer rectifier kiosk with controlcabinet and junction box surrounded by a post and rail fence; anode canisters, electrical and cathodicprotection cables, utility meter and cabling; and cathodic protection test posts and aerial markers.

Work No. 2A – A temporary pipeline store and office area including temporary–

office, welfare and security facilities;(a)

power supplies and temporary lighting;(b)

enclosures;(c)

pipe, equipment and fittings storage;(d)

plant storage;(e)

fabrication area;(f)

waste storage areas;(g)

spoil storage areas;(h)

internal haul roads;(i)

access parking; and(j)

water management areas.(k)

34 34

Work No. 3A – A carbon dioxide pipeline from Drax PIG Trap (Work No. 1A) to Pear Tree Avenue(Work No. 3B), approximate chainage 1592 metres, laid in trench, in sleeves or by trenchless methods;such pipeline to be not less than 1.2 metres below ground surface (or not less than 1.7 metres belowthe true clean bottom of rivers, streams, open drains, canals or dykes, but excluding land drains,culverts or sewers and not less than 2 metres below public highways where applicable) save where thepipeline rises to interface with the Drax PIG Trap (Work No. 1A).

Work No. 3B – A carbon dioxide pipeline from and beneath Pear Tree Avenue, approximate chainage1592 metres, to Carr Lane (Work No. 3C), approximate chainage 2313 metres, laid in trench, insleeves or by trenchless methods; such pipeline to be not less than 1.2 metres below ground surface (ornot less than 1.7 metres below the true clean bottom of rivers, streams, open drains, canals or dykes,but excluding land drains, culverts or sewers and not less than 2 metres below public highways whereapplicable).

Work No. 3C – A carbon dioxide pipeline from and beneath Carr Lane, approximate chainage 2313metres, to Main Road (Work No. 3D), approximate chainage 2972 metres, laid in trench, in sleeves orby trenchless methods (save beneath the open drain/ditch adjacent to the disused railway embankmentat approximate chainage 2478 metres where it must be laid by trenchless methods); such pipeline to benot less than 1.2 metres below ground surface (or not less than 1.7 metres below the true clean bottomof rivers, streams, open drains, canals or dykes, but excluding land drains, culverts or sewers and notless than 2 metres below public highways where applicable).

Work No. 3D – A carbon dioxide pipeline from and beneath Main Road, approximate chainage 2972metres, to Church Dike Lane (Work No. 3E), approximate chainage 3933 metres, laid in trench, insleeves or by trenchless methods; such pipeline to be not less than 1.2 metres below ground surface (or1.7 metres below the true clean bottom of rivers, streams, open drains, canals or dykes, but excludingland drains, culverts or sewers and not less than 2 metres below public highways where applicable).

Work No. 3E - A carbon dioxide pipeline from and beneath Church Dike Lane, approximate chainage3933 metres, to Brickhill Lane (Work No. 3F), approximate chainage 4713 metres, laid in trench, insleeves or by trenchless methods; such pipeline to be not less than 1.2 metres below ground surface (or1.7 metres below the true clean bottom of rivers, streams, open drains, canals or dykes, but excludingland drains, culverts or sewers and not less than 2 metres below public highways where applicable).

Work No 3F – A carbon dioxide pipeline from and beneath Brickhill Lane, from approximatechainage 4713 metres to A645 (Work No. 3E), approximate chainage 5298 metres, laid in trench, insleeves or by trenchless methods; such pipeline to be not less than 1.2 metres below ground surface (ornot less than 1.7 metres below the true clean bottom of rivers, streams, open drains, canals or dykes,but excluding land drains, culverts or sewers and not less than 2 metres below public highways whereapplicable).

Work No. 3G – A carbon dioxide pipeline from and beneath A645, approximate chainage 5298metres, to Camblesforth Multi-Junction (Work No. 4A), approximate chainage 5630 metres, laid intrench, in sleeves or by trenchless methods; such pipeline to be not less than 1.2 metres below groundsurface (or not less than 1.7 metres below the true clean bottom of rivers, streams, open drains, canalsor dykes, but excluding land drains, culverts or sewers and not less than 2 metres below publichighways where applicable) save where the pipeline rises to interface with the Camblesforth MultiJunction (Work No. 4A).

Work No. 4A – A carbon dioxide pipeline multiple inspection facility at Camblesforth, to be known asthe Camblesforth Multi-junction, including the following works and structures—

construction and/or installation of above and below ground piping, piping bridles and(a)bypasses, insulation joints, valves, actuators and vents;

construction and/or installation of up to 5 PIG trap reception and insertion areas including(b)associated hard standing, pipe supports, instrument building and associated photo voltaiccells, hard standing for temporary generator, backfilled pits and chambers, gated securityfence, pedestrian access, satellite dish, troughs, trays, ducting, drainage and drainageattenuation, internal vehicular access routes, turning areas, pedestrian areas, post and railfencing and landscape screening;

electrical and instrumentation construction and/or installation including instrumentation,(c)electrical cables, earthing protection, electricity and communications kiosks, satellite dish,

35 35

control and telecommunications cables, utilities and utility metering, intruder detectionsystems and closed circuit television; and

extensions of those parts of the carbon dioxide pipeline comprised in Work No. 3G and Work(d)No.5A, the cathodic protection facility comprised in Work No. 4B and the road comprised inWork No. 4C which link to elements within this Work No. 4A.

Work No. 4B – A cathodic protection facility including a transformer rectifier kiosk with controlcabinet and junction box surrounded by a post and rail fence; anode canisters, electrical and cathodicprotection cables, utility meter and cabling; and cathodic protection test posts and aerial markers.

Work No. 4C – A road from A645 / Wade House Lane junction up to and including the carbondioxide facility at Camblesforth Multi-junction (Work No. 4A) including any splays, gates, fencing,drainage, drainage attenuation and interceptors, piped culverts, utilities, associated ducting, landscapeworks and cathodic protection apparatus including buried cathodic protection groundbeds and anodes,buried electrical wiring and ducts and test posts.

Work No. 4D – A temporary pipeline store and office area including temporary–

office, welfare and security facilities;(a)

power supplies and temporary lighting;(b)

enclosures;(c)

pipe, equipment and fittings storage;(d)

plant storage;(e)

fabrication area;(f)

waste storage areas;(g)

spoil storage areas;(h)

internal haul roads;(i)

access parking; and(j)

water management areas.(k)

CAMBLESFORTH TO TOLLINGHAM

Work No. 5A – A carbon dioxide pipeline from Camblesforth Multi-junction (Work No. 4A) to theA645, approximate chainage 5984 metres, laid in trench, in sleeves or by trenchless methods; suchpipeline to be not less than 1.2 metres below ground surface (or not less than 1.7 metres below the trueclean bottom of rivers, streams, open drains, canals or dykes, but excluding land drains, culverts orsewers and not less than 2 metres below public highways where applicable) save where the pipelinerises to interface with the Camblesforth Multi-junction (Work No. 4A).

Work No. 5B – A carbon dioxide pipeline from and beneath the A645, approximate chainage 5984metres to Church Dike Lane (Work No. 5C), approximate chainage 7458 metres, laid in trench, insleeves or by trenchless methods; such pipeline to be not less than 1.2 metres below ground surface (ornot less than 1.7 metres below the true clean bottom of rivers, streams, open drains, canals or dykes,but excluding land drains, culverts or sewers and not less than 2 metres below public highways whereapplicable).

Work No. 5C – A carbon dioxide pipeline from and beneath Church Dike Lane, approximatechainage 7458 metres, to Barmby Road (Work No. 5D), approximate chainage 11,089 metres, laid intrench, in sleeves or by trenchless methods (save beneath the true clean bottom of the River Ousewhere it must be laid by trenchless methods); such pipeline to be not less than 1.2 metres below groundsurface (or not less than 1.7 metres below the true clean bottom of rivers (other than beneath the RiverOuse, where the pipeline is to be not less than 3.5 metres below its true clean bottom), streams, opendrains, canals or dykes but excluding land drains, culverts or sewers and not less than 2 metres belowpublic highways where applicable).

Work No. 5D – A carbon dioxide pipeline from and beneath Barmby Road, approximate chainage11,089 metres, to the A63, Hull Road (Work No. 5E), approximate chainage 12,969 metres, laid intrench, in sleeves or by trenchless methods; such pipeline to be not less than 1.2 metres below groundsurface (or not less than 1.7 metres below the true clean bottom of rivers, streams, open drains, canals

36 36

or dykes, but excluding land drains, culverts or sewers and not less than 2 metres below publichighways where applicable).

Work No. 5E – A carbon dioxide pipeline from and beneath the A63, Hull Road, approximatechainage 129,69 metres, to Brind Lane (Work No. 5F), approximate 15,252 metres, laid in trench, insleeves or by trenchless methods (save beneath the Howden to Wressle railway line where it must belaid by trenchless methods); such pipeline to be not less than 1.2 metres below ground surface (or notless than 1.7 metres below the true clean bottom of rivers, streams, open drains, canals or dykes, butexcluding land drains, culverts or sewers, not less than 2 metres below public highways or not less than4 metres below the underside of the railway sleepers comprised in the Howden to Wressle railway linewhere applicable).

Work No. 5F – A carbon dioxide pipeline from and beneath Brind Lane, approximate chainage15,252 metres, to the B1228, Wood Lane (Work No. 5G), approximate chainage 16,603 metres, laid intrench, in sleeves or by trenchless methods; such pipeline to be not less than 1.2 metres below groundsurface (or not less than 1.7 metres below the true clean bottom of rivers, streams, open drains, canalsor dykes, but excluding land drains, culverts or sewers and not less than 2 metres below publichighways where applicable).

Work No. 5G – A carbon dioxide pipeline from and beneath the B1228, Wood Lane, approximatechainage 16,603 metres, to the A614, Holme Road (Work No. 5H), approximate chainage 20,737metres, laid in trench, in sleeves or by trenchless methods; such pipeline to be not less than 1.2 metresbelow ground surface (or not less than 1.7 metres below the true clean bottom of rivers, streams, opendrains, canals or dykes, but excluding land drains, culverts or sewers and not less than 2 metres belowpublic highways where applicable).

Work No. 5H – A carbon dioxide pipeline from and beneath the A614, Holme Road, approximatechainage 20,737 metres, to Bursea Lane (Work No. 5I), approximate chainage 23,217 metres, laid intrench, in sleeves or by trenchless methods (save beneath the bed of the River Foulness where it mustbe laid by trenchless methods); such pipeline to be not less than 1.2 metres below ground surface (ornot less than 1.7 metres below the true clean bottom of rivers, streams, open drains, canals or dykes,but excluding land drains, culverts or sewers and not less than 2 metres below public highways and thetrue clean bottom of the River Foulness where applicable).

Work No. 5I – A carbon dioxide pipeline from and beneath Bursea Lane, approximate chainage23,217 metres, to Drain Lane (Work No. 5J), approximate chainage 24,757 metres, laid in trench, insleeves or by trenchless methods; such pipeline to be not less than 1.2 metres below ground surface (ornot less than 1.7 metres below the true clean bottom of rivers, streams, open drains, canals or dykes,but excluding land drains, culverts or sewers and not less than 2 metres below public highways whereapplicable).

Work No. 5J – A carbon dioxide pipeline from and beneath Drain Lane, approximate chainage 24,757metres, to Tollingham Block Valve (Work No. 6A), laid in trench, in sleeves or by trenchlessmethods; such pipeline to be not less than 1.2 metres below ground surface (or not less than 1.7 metresbelow the true clean bottom of rivers, streams, open drains, canals or dykes, but excluding land drains,culverts or sewers and not less than 2 metres below public highways where applicable) save where thepipeline rises to interface with Tollingham Block Valve (Work No 6A).

Work No. 6A – A carbon dioxide pipeline isolation facility at Tollingham, to be known as theTollingham Block Valve, including the following works and structures—

construction and/or installation including above and below ground piping, piping bridles and(a)bypasses, insulation joints, valves, actuators and vents;

construction and/or installation including pipe supports, instrument building and associated(b)photo voltaic cells, hard standing for temporary generator, backfilled pits and chambers, gatedsecurity fence and cameras, pedestrian access, satellite dish, troughs, trays, ducting, drainageand drainage attenuation, internal vehicular access routes, turning areas, pedestrian areas, postand rail fencing and landscape screening;

electrical and instrumentation construction and/or installation including instrumentation,(c)electrical cables, earthing protection, satellite dish, control and telecommunications cables,utility metering, intruder detection systems and closed circuit television; and

37 37

extensions of those parts of the carbon dioxide pipeline comprised in Work No. 5J and Work(d)No.8A, the cathodic protection facility comprised in Work No. 6B and the road comprised inWork No. 6C which link to elements within this Work No. 6A.

Work No. 6B – A cathodic protection facility including a transformer rectifier kiosk with controlcabinet and junction box surrounded by a post and rail fence; anode canisters, electrical and cathodicprotection cables, utility meter and cabling; and cathodic protection test posts and aerial markers.

Work No. 6C - A road from Skiff Lane up to and including the carbon dioxide facility at TollinghamBlock Valve (Work No. 6A) including any splays, gates, fencing, drainage, drainage attenuation andinterceptors, piped culverts, electricity kiosk, utilities, associated ducting, landscape works andcathodic protection apparatus including buried cathodic protection groundbeds and anodes, buriedelectrical wiring and ducts, test posts and above ground transformer rectifier with cabinet and guardrail.

Work No. 6D – A temporary pipeline store and office area including temporary—

office, welfare and security facilities;(a)

power supplies and temporary lighting;(b)

enclosures;(c)

pipe, equipment and fittings storage;(d)

plant storage;(e)

fabrication area;(f)

waste storage areas;(g)

spoil storage areas;(h)

internal haul roads;(i)

access parking; and(j)

water management areas.(k)

Work No. 7 – A temporary pipeline store and office area to be known as Tollingham ConstructionCompound including temporary—

office, welfare and security facilities;(a)

power supplies and temporary lighting;(b)

enclosures;(c)

pipe, equipment and fittings storage;(d)

plant storage;(e)

fabrication area;(f)

waste storage areas;(g)

spoil storage areas;(h)

internal haul roads;(i)

access parking;(j)

vehicle maintenance area including washing facilities; and(k)

water management areas.(l)

TOLLINGHAM TO DALTON

Work No. 8A – A carbon dioxide pipeline from Tollingham Block Valve (Work No. 6A) to SkiffLane, approximate chainage 26,010 metres, laid in trench, in sleeves or by trenchless methods; suchpipeline to be not less than 1.2 metres below ground surface (or not less than 1.7 metres below the trueclean bottom of rivers, streams, open drains, canals or dykes, but excluding land drains, culverts orsewers and not less than 2 metres below public highways where applicable) save where the pipelinerises to interface with the Tollingham Block Valve (Work No. 6A).

Work No. 8B – A carbon dioxide pipeline from and beneath Skiff Lane, approximate chainage 26,010metres, to Lock Lane (Work No. 8C), approximate chainage 27,238 metres, laid in trench, in sleeves orby trenchless methods; such pipeline to be not less than 1.2 metres below ground surface (or not less

38 38

than 1.7 metres below the true clean bottom of rivers, streams, open drains, canals or dykes, butexcluding land drains, culverts or sewers and not less than 2 metres below public highways whereapplicable).

Work No. 8C – A carbon dioxide pipeline from and beneath Lock Lane, approximate chainage 27,238metres, to Sands Lane (Work No. 8D), approximate chainage 29,025 metres, laid in trench, in sleevesor by trenchless methods (save beneath the bed of the disused Market Weighton Canal where it mustbe laid by trenchless methods); such pipeline to be not less than 1.2 metres below ground surface (ornot less than 1.7 metres below the true clean bottom of rivers, streams, open drains, canals or dykes,but excluding land drains, culverts or sewers and not less than 2 metres below public highways or thebeneath the true clean bottom of the disused Market Weighton Canal where applicable).

Work No. 8D – A carbon dioxide pipeline from and beneath Sands Lane, approximate chainage29,025 metres, to Cliffe Road (Work No. 8E), approximate chainage 32,750 metres, laid in trench, insleeves or by trenchless methods; such pipeline to be not less than 1.2 metres below ground surface (ornot less than 1.7 metres below the true clean bottom of rivers, streams, open drains, canals or dykes,but excluding land drains, culverts or sewers and not less than 2 metres below public highways whereapplicable).

Work No. 8E – A carbon dioxide pipeline from and beneath Cliffe Road, approximate chainage32,750 metres, to the A1034 Sancton Road (Work No. 8F), approximate chainage 34,547 metres, laidin trench, in sleeves or by trenchless methods; such pipeline to be not less than 1.2 metres belowground surface (or not less than 1.7 metres below the true clean bottom of rivers, streams, open drains,canals or dykes, but excluding land drains, culverts or sewers and not less than 2 metres below publichighways where applicable).

Work No. 8F – A carbon dioxide pipeline from and beneath the A1034 Sancton Road, approximatechainage 34,547 metres, to the A1079 Arras Hill (Work No. 8G), approximate chainage 36,283metres, laid in trench, in sleeves or by trenchless methods; such pipeline to be not less than 1.2 metresbelow ground surface (or 1.7 metres below the true clean bottom of rivers, streams, open drains, canalsor dykes, but excluding land drains, culverts or sewers and not less than 2 metres below publichighways where applicable).

Work No. 8G – A carbon dioxide pipeline from and beneath the A1079 Arras Hill, approximatechainage 36,283 metres, to Kiplingcotes Lane (Work No. 8H), approximate chainage 39,393 metres,laid in trench, in sleeves or by trenchless methods; such pipeline to be not less than 1.2 metres belowground surface (or 1.7 metres below the true clean bottom of rivers, streams, open drains, canals ordykes, but excluding land drains, culverts or sewers and not less than 2 metres below public highwayswhere applicable).

Work No. 8H – A carbon dioxide pipeline from and beneath Kiplingcotes Lane, approximate chainage39,393 metres, to Kiplingcotes Road (Work No. 8I), approximate chainage 40,231 metres, laid intrench, in sleeves or by trenchless methods; such pipeline to be not less than 1.2 metres below groundsurface (or 1.7 metres below the true clean bottom of rivers, streams, open drains, canals or dykes, butexcluding land drains, culverts or sewers and not less than 2 metres below public highways whereapplicable).

Work No. 8I – A carbon dioxide pipeline from and beneath Kiplingcotes Road, approximate chainage40,231 metres, to Kiplingcotes Race Course Road (Work No. 8J), approximate chainage 40,600metres, laid in trench, in sleeves or by trenchless methods; such pipeline to be not less than 1.2 metresbelow ground surface (or 1.7 metres below the true clean bottom of rivers, streams, open drains, canalsor dykes, but excluding land drains, culverts or sewers and not less than 2 metres below publichighways where applicable).

Work No. 8J – A carbon dioxide pipeline from and beneath Kiplingcotes Race Course Road,approximate chainage 40,600 metres to Park Road (Work No. 8K), approximate chainage 41,370metres, laid in trench, in sleeves or by trenchless methods; such pipeline to be not less than 1.2 metresbelow ground surface (or 1.7 metres below the true clean bottom of rivers, streams, open drains, canalsor dykes, but excluding land drains, culverts or sewers and not less than 2 metres below publichighways where applicable).

Work No. 8K – A carbon dioxide pipeline from and beneath Park Road, approximate chainage 41,370metres, to Holme Wold Road (Work No. 8L), approximate chainage 43,264 metres, laid in trench, insleeves or by trenchless methods; such pipeline to be not less than 1.2 metres below ground surface

39 39

(or 1.7 metres below the true clean bottom of rivers, streams, open drains, canals or dykes, butexcluding land drains, culverts or sewers and not less than 2 metres below public highways whereapplicable).

Work No. 8L – A carbon dioxide pipeline from and beneath Holme Wold Road, approximatechainage 43,264 metres to Dalton Block Valve (Work No. 9A), laid in trench, in sleeves or bytrenchless methods; all to be not less than 1.2 metres below ground surface (or 1.7 metres below thetrue clean bottom of rivers, streams, open drains, canals or dykes, but excluding land drains, culverts orsewers and not less than 2 metres below public highways where applicable) save where the pipelinerises to interface with Dalton Block Valve (Work No. 9A).

Work No. 9A – A carbon dioxide pipeline isolation facility at Dalton to be known as the Dalton BlockValve including the following works and structures—

construction and/or installation including above and below ground piping, piping bridles and(a)bypasses, insulation joints, valves, actuators and vents;

construction and/or installation including pipe supports, instrument building and associated(b)photo voltaic cells, hard standing for temporary generator, backfilled pits and chambers, gatedsecurity fence and cameras, pedestrian access, satellite dish, troughs, trays, ducting, drainageand drainage attenuation, internal vehicular access routes, turning areas, pedestrian areas, postand rail fencing and landscape screening;

electrical and instrumentation construction and/or installation including instrumentation,(c)electrical cables, earthing protection, satellite dish, control and telecommunications cables,utility metering, intruder detection systems and closed circuit television; and

extensions of those parts of the carbon dioxide pipeline comprised in Work No. 8L and Work(d)No.10A, the cathodic protection facility comprised in Work No. 9B and the road comprised inWork No. 9C which link to elements within this Work No. 9A.

Work No. 9B – A cathodic protection facility including a transformer rectifier kiosk with controlcabinet and junction box surrounded by a post and rail fence; anode canisters, electrical and cathodicprotection cables, utility meter and cabling; and cathodic protection test posts and aerial markers.

Work No. 9C – A road from Lund Wold Road up to and including the carbon dioxide facility atDalton Block Valve (Work No. 9A) including any splays, gates, fencing, drainage, drainageattenuation and interceptors, piped culverts, electricity kiosk, utilities, associated ducting, landscapeworks and cathodic protection apparatus including buried cathodic protection groundbeds and anodes,buried electrical wiring and ducts and test posts.

Work No. 9D – A temporary pipeline store and office area including temporary—

office, welfare and security facilities;(a)

power supplies and temporary lighting;(b)

enclosures;(c)

pipe, equipment and fittings storage;(d)

plant storage;(e)

fabrication area;(f)

waste storage areas;(g)

spoil storage areas;(h)

internal haul roads;(i)

access parking; and(j)

water management areas.(k)

DALTON TO SKERNE

Work No. 10A – A carbon dioxide pipeline from Dalton Block Valve (Work No. 9A) to Lund WoldRoad (Work No. 10B), approximate chainage 45,909 metres, laid in trench, in sleeves or by trenchlessmethods; such pipeline to be not less than 1.2 metres below ground surface (or 1.7 metres below thetrue clean bottom of rivers, streams, open drains, canals or dykes, but excluding land drains, culverts orsewers and not less than 2 metres below public highways where applicable) save where the pipelinerises to interface with the Dalton Block Valve (Work No. 9A).

40 40

Work No. 10B – A carbon dioxide pipeline from and beneath Lund Wold Road, approximatechainage 45,909 metres, to Middleton Road (Work No. 10C), approximate chainage 46,874 metres,laid in trench, in sleeves or by trenchless methods; such pipeline to be not less than 1.2 metres belowground surface (or 1.7 metres below the true clean bottom of rivers, streams, open drains, canals ordykes, but excluding land drains, culverts or sewers and not less than 2 metres below public highwayswhere applicable).

Work No. 10C – A carbon dioxide pipeline from and beneath Middleton Road, approximate chainage46,874 metres, to the B1248 Lund Road (Work No. 10D), approximate chainage 47,913 metres, laid intrench, in sleeves or by trenchless methods; such pipeline to be not less than 1.2 metres below groundsurface (or 1.7 metres below the true clean bottom of rivers, streams, open drains, canals or dykes, butexcluding land drains, culverts or sewers and not less than 2 metres below public highways whereapplicable).

Work No. 10D – A carbon dioxide pipeline from and beneath the B1248 Lund Road, approximatechainage 47,913 metres, to Middleton Road (Work No. 10E), approximate chainage 48,823 metres,laid in trench, in sleeves or by trenchless methods; such pipeline to be not less than 1.2 metres belowground surface (or 1.7 metres below the true clean bottom of rivers, streams, open drains, canals ordykes, but excluding land drains, culverts or sewers and not less than 2 metres below public highwayswhere applicable).

Work No. 10E - A carbon dioxide pipeline from and beneath Middleton Road, approximate chainage48,823 metres to unnamed road from Bracken Lane to Burnbutts Lane (Work No. 10F), approximatechainage 50,921 metres, laid in trench, in sleeves or by trenchless methods; such pipeline to be not lessthan 1.2 metres below ground surface (or not less than 1.7 metres below the true clean bottom ofrivers, streams, open drains, canals or dykes, but excluding land drains, culverts or sewers and not lessthan 2 metres below public highways where applicable).

Work No. 10F – A carbon dioxide pipeline from and beneath unnamed road from Bracken Lane toBurnbutts Lane, approximate chainage 50,921 metres, to Burnbutts Lane (Work No. 10G),approximate chainage 51,349 metres, laid in trench, in sleeves or by trenchless methods; such pipelineto be not less than 1.2 metres below ground surface (or not less than 1.7 metres below the true cleanbottom of rivers, streams, open drains, canals or dykes, but excluding land drains, culverts or sewersand not less than 2 metres below public highways where applicable).

Work No. 10G – A carbon dioxide pipeline from and beneath Burnbutts Lane, approximate chainage51,349 metres, to Southburn Road (Work No. 10H), approximate chainage 54,681 metres, laid intrench, in sleeves or by trenchless methods; such pipeline to be not less than 1.2 metres below groundsurface (or not less than 1.7 metres below the true clean bottom of rivers, streams, open drains, canalsor dykes, but excluding land drains, culverts or sewers and not less than 2 metres below publichighways where applicable).

Work No. 10H – A carbon dioxide pipeline from and beneath Southburn Road, approximate chainage54,681 metres, to the A164, Beverley Road (Work No. 10I), approximate chainage 54,964 metres, laidin trench, in sleeves or by trenchless methods; such pipeline to be not less than 1.2 metres belowground surface (or not less than 1.7 metres below the true clean bottom of rivers, streams, open drains,canals or dykes, but excluding land drains, culverts or sewers and not less than 2 metres below publichighways where applicable).

Work No. 10I – A carbon dioxide pipeline from and beneath the A164, Beverley Road, approximatechainage 54,964 metres, to Jenkinson Lane (Work No. 10J), approximate chainage 55,172 metres, laidin trench, in sleeves or by trenchless methods; such pipeline to be not less than 1.2 metres belowground surface (or not less than 1.7 metres below the true clean bottom of rivers, streams, open drains,canals or dykes, but excluding land drains, culverts or sewers and not less than 2 metres below publichighways where applicable).

Work No. 10J – A carbon dioxide pipeline from and beneath Jenkinson Lane, approximate chainage55,172 metres, to Ricklepits (Work No. 10K), approximate chainage 57,185 metres, laid in trench, insleeves or by trenchless methods (save beneath the Driffield to Hutton Cranswick railway line where itmust be laid by trenchless methods); such pipeline to be not less than 1.2 metres below ground surface(or not less than 1.7 metres below the true clean bottom of rivers, streams, open drains, canals ordykes, but excluding land drains, culverts or sewers, not less than 2 metres below public highways or

41 41

not less than 4 metres below the underside of the railway sleepers comprised in the Driffield to HuttonCranswick railway line where applicable).

Work No. 10K – A carbon dioxide pipeline from and beneath Ricklepits, approximate chainage57,185metres, to Skerne Block Valve (Work No. 11A), laid in trench, in sleeves or by trenchlessmethods; such pipeline to be not less than 1.2 metres below ground surface (or not less than 1.7 metresbelow the true clean bottom of rivers, streams, open drains, canals or dykes, but excluding land drains,culverts or sewers and not less than 2 metres below public highways where applicable) save where thepipeline rises to interface with Skerne Block Valve (Work No. 11A).

Work No. 11A – A carbon dioxide pipeline isolation facility at Skerne, to be known as the SkerneBlock Valve, including the following works and structures—

construction and/or installation of above and below ground piping, piping bridles and(a)bypasses, insulation joints, valves, actuators and vents;

construction and/or installation of pipe supports, instrument building and associated photo(b)voltaic cells, hard standing for temporary generator, backfilled pits and chambers, gatedsecurity fence and cameras, pedestrian access, satellite dish, troughs, trays, ducting, drainageand drainage attenuation, internal vehicular access routes, turning areas, pedestrian areas, postand rail fencing and landscape screening;

electrical and instrumentation construction and/or installation including instrumentation,(c)electrical cables, earthing protection, satellite dish, control and telecommunications cables,utility metering, intruder detection systems and closed circuit television; and

extensions of those parts of the carbon dioxide pipeline comprised in Work No. 10K and(d)Work No.13A, the cathodic protection facility comprised in Work No. 11B and the roadcomprised in Work No. 11C which link to elements within this Work No. 11A.

Work No. 11B – A cathodic protection facility including a transformer rectifier kiosk with controlcabinet and junction box surrounded by a post and rail fence; anode canisters, electrical and cathodicprotection cables, utility meter and cabling; and cathodic protection test post and aerial markers.

Work No. 11C – A road from Main Street up to and including the carbon dioxide facility at SkerneBlock Valve (Work No. 11A) including any splays, gates, fencing, drainage, drainage attenuation andinterceptors, piped culverts, electricity kiosk, utilities, associated ducting, landscaping works andcathodic protection apparatus including buried cathodic protection groundbeds and anodes, buriedelectrical wiring and ducts and test posts.

Work No. 11D – A temporary pipeline store and office area including temporary—

office, welfare and security facilities;(a)

power supplies and temporary lighting;(b)

enclosures;(c)

pipe, equipment and fittings storage;(d)

plant storage;(e)

fabrication area;(f)

waste storage areas;(g)

spoil storage areas;(h)

internal haul roads;(i)

access parking; and(j)

water management areas.(k)

Work No. 12 – A temporary pipeline store and office area, to be known as the Driffield ConstructionCompound, including temporary—

office, welfare and security facilities;(a)

power supplies and temporary lighting;(b)

enclosures;(c)

pipe, equipment and fittings storage;(d)

plant storage;(e)

42 42

fabrication area;(f)

waste storage areas;(g)

spoil storage areas;(h)

internal haul roads;(i)

access parking;(j)

vehicle maintenance area including washing facilities; and(k)

water management areas.(l)

SKERNE TO PUMPING STATION

Work No. 13A - A carbon dioxide pipeline from Skerne Block Valve (Work No. 11A) to the B1249,Frodingham Road (Work No. 13B), approximate chainage 60,990 metres, laid in trench, in sleeves orby trenchless methods (save beneath the beds of the River Hull and the Driffield Canal where it mustbe laid by trenchless methods); such pipeline to be not less than 1.2 metres below ground surface (ornot less than 1.7 metres below the true clean bottom of rivers, streams, open drains, canals or dykes,but excluding land drains, culverts or sewers and not less than 2 metres below public highways or thetrue clean bottom of the River Hull and the Driffield Canal where applicable) save where the pipelinerises to interface with the Skerne Block Valve (Work No. 11A).

Work No. 13B – A carbon dioxide pipeline from and beneath the B1249, Frodingham Road,approximate chainage 60,990 metres, to Main Street (Work No. 13C), approximate chainage 64,982metres, laid in trench, in sleeves or by trenchless methods (save beneath the beds of the NaffertonHighland Spring Drain, White Dike and Kelk Beck where it must be laid by trenchless methods); suchpipeline to be not less than 1.2 metres below ground surface (or not less than 1.7 metres below the trueclean bottom of rivers, streams, open drains, canals or dykes, but excluding land drains, culverts orsewers and not less than 2 metres below public highways and the true clean bottom of the NaffertonHighland Spring Drain, White Dike and Kelk Beck where applicable).

Work No. 13C – A carbon dioxide pipeline from and beneath Main Street, approximate chainage64,982 metres, to Gransmoor Road (Work No. 13D), approximate chainage 68,618 metres, laid intrench, in sleeves or by trenchless methods; such pipeline to be not less than 1.2 metres below groundsurface (or not less than 1.7 metres below the true clean bottom of rivers, streams, open drains, canalsor dykes, but excluding land drains, culverts or sewers and not less than 2 metres below publichighways where applicable).

Work No. 13D – A carbon dioxide pipeline from and beneath Gransmoor Road, approximate chainage68,618 metres, to the A165, Bridlington Road (Work No. 13E), approximate chainage 71,453 metres,laid in trench, in sleeves or by trenchless methods; such pipeline to be not less than 1.2 metres belowground surface (or not less than 1.7 metres below the true clean bottom of rivers, streams, open drains,canals or dykes, but excluding land drains, culverts or sewers and not less than 2 metres below publichighways where applicable).

Work No 13E – A carbon dioxide pipeline from and beneath the A165, Bridlington Road,approximate chainage 71,453 metres, to Barmston Pumping Station (Work No. 14A), laid in trench, insleeves or by trenchless methods; such pipeline to be not less than 1.2 metres below ground surface (ornot less than 1.7 metres below the true clean bottom of rivers, streams, open drains, canals or dykes,but excluding land drains, culverts or sewers and not less than 2 metres below public highways whereapplicable) save where the pipeline rises to interface with Barmston Pumping Station (Work No. 14A).

PUMPING STATION

Work No. 14A – A carbon dioxide pumping facility at Barmston, to be known as the BarmstonPumping Station, including the following works and structures—

temporary working area for constructing the Barmston Pumping Station including(a)temporary—

office, welfare and security facilities;(i)

power supplies and temporary lighting;(ii)

enclosures;(iii)

pipe, equipment and fittings storage;(iv)

43 43

plant storage(v)

fabrication area;(vi)

waste storage areas;(vii)

spoil handling and storage areas;(viii)

internal haul roads;(ix)

access and parking; and(x)

water management areas;(xi)

water supply works, foul drainage provision, surface water management system and(b)culverting;

construction and/or installation of two PIG trap reception and insertion areas including above(c)and below ground piping, piping bridles and bypasses, filtration, meters, analysers, pumpingfacility bypass, insulation joints, actuators, vents and vent stacks, valves (including non returnvalves, emergency shutdown valves and recycle valves), coolers, chillers, monoethyleneglycol (MEG) tank and water tank;

construction and/or installation of pipe supports, local and remote instrument building and(d)associated photo voltaic cells, control and domestic building, stores areas, workshops, pumphouses, air and nitrogen building, substation, switchroom, variable speed drive containers,metering buildings, analyser building, associated bottle store and hard standing hard standingfor temporary generator, backfilled pits and chambers, gated security fence and cameras,pedestrian access, lighting columns, satellite dish, weather station, troughs, trays, ducting,internal vehicular access routes, turning areas, pedestrian areas, pond, post and rail fencingand landscape screening, planting and earthworks;

construction and/or installation of instrumentation, electrical cables, earthing protection,(e)satellite dish, control and telecommunications cables, utility metering, intruder detectionsystems and closed circuit television, electrical cables, cathodic protection facility including atransformer rectifier kiosk, anode canisters, electrical and cathodic protection cables, utilitysupplies, meters and cabling, earthing protection, backfilled pits and chambers, electricity andcommunications kiosks, control and telecommunications cables, troughs, trays, ducting,drainage and drainage attenuation; and

extensions of those parts of the carbon dioxide pipeline comprised in Work No. 13E and(f)Work No. 15A and the road comprised in Work No 14B which link to elements within thisWork No.

Work No. 14B – A cathodic protection facility including a transformer rectifier kiosk with controlcabinet and junction box surrounded by a post and rail fence; anode canisters, electrical and cathodicprotection cables, utility meter and cabling; and cathodic protection test posts and aerial markers.

Work No. 14C – Modifications to Sands Road between A165, Bridlington Road and Sands Roadtrack; modification of junction between Sands Road tarmac road and Sands Road track; upgradingSands Road track between junction with Sands Road tarmac road and access to Barmston PumpingStation; and a road from Sands Road track up to and including the Barmston Pumping Station (WorkNo. 14A) including any splays, gates, fencing, drainage, drainage attenuation and interceptors, pipedculverts, utilities, associated ducting and landscape screening.

Work No. 14D – A temporary pipeline store and office areas including temporary—

office, welfare and security facilities;(a)

power supplies and temporary lighting;(b)

enclosures;(c)

pipe, equipment and fittings storage;(d)

plant storage;(e)

fabrication area;(f)

waste storage areas;(g)

spoil storage areas;(h)

internal haul roads;(i)

access parking;(j) 44 44

vehicle maintenance area including washing facilities; and(k)

water management areas.(l)

LANDFALL

Work No. 15A – A carbon dioxide pipeline from Barmston Pumping Station (Work No. 14A) to alandfall drive shaft (Work No. 15B), approximate chainage 73,094 metres, laid in trench, in sleeves orby trenchless methods; such pipeline to be not less than 1.2 metres below ground surface save wherethe pipeline rises to interface with the Barmston Pumping Station (Work No. 14A).

Work No. 15B A carbon dioxide pipeline from a landfall drive shaft comprised in this Work No. 15Bto mean low water spring tide (which has the same meaning as that given in Schedule 10 (deemedmarine licence under Part 4 (marine licensing) of the Marine and Coastal Access Act 2009),approximate chainage 73,568 metres, laid by trench in sleeves or by trenchless methods (save beneaththe cliffs where it must be laid by trenchless methods); such pipeline to be not less than 1.2 metresbelow ground surface; and which may include the following works and structures—

temporary working areas including temporary—(a)

office, welfare and security facilities;(i)

power supplies and temporary lighting;(ii)

workshops and stores;(iii)

materials and pipe, equipment and fittings storage;(iv)

water tanks;(v)

control cabin;(vi)

waste storage areas;(vii)

spoil handling and storage areas, spoil separators and settlement lagoons;(viii)

de-watering systems and water management areas;(ix)

generators and switchgear;(x)

air receivers and compressors;(xi)

oil store;(xii)

drive shaft, slip trench;(xiii)

drilling rig, anchor blocks, slip trench;(xiv)

crane working areas;(xv)

reception pit / tie-in pit;(xvi)

access to the drive shaft/ drilling rig and reception area/ beach and parking;(xvii)

construction and installation of the pipeline under the cliffs by trenchless methods which may(b)include the installation of a concrete sleeve drive shaft and tunnel; backfilling of permanentstructures not less than 1.2 metres below ground surface; and temporary works includingtunnel boring/pipeline drilling, reception pit, hydraulic rams, rollers and brackets and winch;

construction and installation of pipeline within the inter tidal zone which may include(c)cofferdams and temporary works including crane working areas, raised causeway, channeldredging, shallow bottomed barge, winch, reception/tie-in pit and spoil storage.

FURTHER ASSOCIATED DEVELOPMENT

In connection with the above Work Nos. further associated development within the Order limitsconsisting of—

in relation to Work Nos. 1A, 4A, 6A, 9A, 11A and 14A site preparation works, site clearance(a)(including fencing, vegetation removal and creation of new footpaths), earthworks (includingsoil stripping and storage) and site levelling;

in relation to Work Nos. 1A, 4A, 6A, 9A and 11A establishment of site construction(b)compounds, storage areas, temporary vehicle parking, construction fencing (includingperimeter enclosure and security fencing), construction related buildings, welfare facilities,construction lighting, haulage roads, fabrication areas, waste storage areas, spoil storage area,access, parking and water management areas;

45 45

installation of wires, cables, conductors, pipes and ducts;(c)

in relation to Work Nos. 3A, 3B, 3C, 3D, 3E, 3F, 3G, 5A, 5B, 5C, 5D, 5E, 5F, 5G, 5H, 5I, 5J,(d)8A, 8B, 8C, 8D, 8E, 8F, 8G, 8H, 8I, 8J, 8K, 8L, 10A, 10B, 10C, 10D, 10E, 10F, 10G, 10H,10I, 10J, 10K, 13A, 13B, 13C, 13D, 13E, 15A and 15B pipeline construction worksincluding—

surveying and setting-out;(i)

breaking-through, site clearance (including vegetation removal) and establishment of(ii)temporary working area;

installation of demarcation fencing/stockproof fencing/heras fencing or similar;(iii)

pre-construction drainage;(iv)

topsoil stripping;(v)

levelling and benching;(vi)

archaeological surveys and watching brief;(vii)

pipe stringing, pipe bending, end preparation, front end welding, back end welding,(viii)fabrication welding, pipeline coating, pipeline trench excavation, disruption orfragmentation of rock (including by mechanical means), dewatering activities, trenchlesscrossings, lower and lay, sand padding, backfilling, pipeline tie-ins, re-grading of soil,post construction drainage, cross-ripping and reinstatement of top-soil, internally swaband gauge pipeline test sections;

filling, testing and dewatering test sections;(ix)

reinstating test locations;(x)

removing demarcation fencing;(xi)

reinstating boundary walls, hedges, and fencing;(xii)

final gauge plate and calliper surveys;(xiii)

drying and commissioning pipelines;(xiv)

demobilisation from site; and(xv)

works to enable power supplies;(xvi)

works to remove or alter the position of apparatus including mains, sewers, drains and cables(e)which do not give rise to any materially new or materially different significant effects fromthose assessed in the environmental statement;

in relation to Work Nos. 1A, 3A, 3B, 3C, 3D, 3E, 3F, 3G, 4A, 5A, 5B, 5C, 5D, 5E, 5F, 5G,(f)5H, 5I, 5J, 6A, 8A, 8B, 8C, 8D, 8E, 8F, 8G, 8H, 8I, 8J, 8K, 8L, 9A, 10A, 10B, 10C, 10D,10E, 10F, 10G, 10H, 10I, 10J, 10K, 11A, 13A, 13B, 13C, 13D, 13E, 14A, 15A, 15B thelocation of aerial markers, field boundary markers and cathodic protection apparatus includingcathodic protection test posts and sacrificial anodes;

landscaping and other works to mitigate any adverse effects of the construction, maintenance(g)or operation of the authorised development which do not give rise to any materially new ormaterially different significant effects from those assessed in the environmental statement;

works for the benefit or protection of land affected by the authorised development which do(h)not give rise to any materially new or materially different significant effects from thoseassessed in the environmental statement;

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

the carrying out of street works pursuant to article 10 (street works), works to alter the layout(j)of streets pursuant to article 11 (power to alter layout, etc., of streets) and the alteration orremoval of road furniture;

ramps, means of access, provision of footpaths, bridleways, cycleways and footpath linkages;(k)

works for the decommissioning (including removal and demolition), restoration and aftercare(l)of the authorised development which fall within the scheme approved pursuant to paragraph22 (decommissioning) of Schedule 3 (requirements);

installation of drainage, drainage attenuation and land drainage including outfalls; and(m)

46 46

such other works, including working sites, storage areas and works of demolition, as may be(n)necessary for the purposes of or in connection with the construction or operation of theauthorised development and which do not give rise to any materially different effects fromthose assessed in the environmental statement.

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Sheet 11 of 25 10-2574-GND-01-05-0041 Rev A

Sheet 4 of 25 10-2574-GND-01-05-0034 Rev A

Sheet 12 of 25 10-2574-GND-01-05-0042 Rev A

10-2574-GND-01-05-0031 Rev A

Sheet Number

Sheet 13 of 25 10-2574-GND-01-05-0043 Rev A

Sheet 5 of 25

Sheet 14 of 25 10-2574-GND-01-05-0044 Rev A

10-2574-GND-01-05-0035 Rev A

Drawing Number

Sheet 15 of 25 10-2574-GND-01-05-0045 Rev A

Sheet 16 of 25 10-2574-GND-01-05-0046 Rev A

Sheet 6 of 25 10-2574-GND-01-05-0036 Rev A

Sheet 17 of 25 10-2574-GND-01-05-0047 Rev B

Sheet 2 of 25 10-2574-GND-01-05-0032 Rev A

Sheet 18 of 25 10-2574-GND-01-05-0048 Rev B

Sheet 7 of 25

Sheet 19 of 25 10-2574-GND-01-05-0049 Rev B

10-2574-GND-01-05-0037 Rev A

SCHEDULE 2

PLANS

PART 1 Article 2

WORKS PLANS

Sheet 20 of 25 10-2574-GND-01-05-0050 Rev A

Drawing title

Sheet 21 of 25 10-2574-GND-01-05-0051 Rev A

Sheet 8 of 25 10-2574-GND-01-05-0038 Rev A

Sheet 22 of 25 10-2574-GND-01-05-0052 Rev A

Sheet 3 of 25

Sheet 23 of 25 10-2574-GND-01-05-0053 Rev A

Sheet 9 of 25

Sheet 24 of 25 10-2574-GND-01-05-0054 Rev B

10-2574-GND-01-05-0039 Rev A

10-2574-GND-01-05-0033 Rev A

Sheet 25 of 25 10-2574-GND-01-05-0055 Rev B

Works plans

Sheet 10 of 25 10-2574-GND-01-05-0040 Rev A

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Sheet 1 of 25

Sheet 10 of 25 HUMBCC-2014-1-LP-JH-S10 Rev F

Sheet 3 of 25 HUMBCC-2014-1-LP-JH-S3 Rev F

Sheet 11 of 25 HUMBCC-2014-1-LP-JH-S11 Rev F

HUMBCC-2014-1-LP-JH-OV Rev F

Sheet Number

Sheet 12 of 25 HUMBCC-2014-1-LP-JH-S12 Rev F

Sheet 4 of 25

Sheet 13 of 25 HUMBCC-2014-1-LP-JH-S13 Rev F

HUMBCC-2014-1-LP-JH-S4 Rev F

Drawing Number

Sheet 14 of 25 HUMBCC-2014-1-LP-JH-S14 Rev FLand plans

Sheet 15 of 25 HUMBCC-2014-1-LP-JH-S15 Rev F

Sheet 5 of 25 HUMBCC-2014-1-LP-JH-S5 Rev F

Sheet 16 of 25 HUMBCC-2014-1-LP-JH-S16 Rev F

Sheet 1 of 25 HUMBCC-2014-1-LP-JH-S1 Rev F

Sheet 17 of 25 HUMBCC-2014-1-LP-JH-S17 Rev GH

Sheet 6 of 25

Sheet 18 of 25 HUMBCC-2014-1-LP-JH-S18 Rev G

HUMBCC-2014-1-LP-JH-S6 Rev F

PART 2 Article 2

LAND PLANS

Sheet 19 of 25 HUMBCC-2014-1-LP-JH-S19 Rev G

Drawing title

Sheet 20 of 25 HUMBCC-2014-1-LP-JH-S20 Rev F

Sheet 7 of 25 HUMBCC-2014-1-LP-JH-S7 Rev F

Sheet 21 of 25 HUMBCC-2014-1-LP-JH-S21 Rev F

Sheet 2 of 25

Sheet 22 of 25 HUMBCC-2014-1-LP-JH-S22 Rev F

Sheet 8 of 25

Sheet 23 of 25 HUMBCC-2014-1-LP-JH-S23 Rev F

HUMBCC-2014-1-LP-JH-S8 Rev F

HUMBCC-2014-1-LP-JH-S2 Rev F

Sheet 24 of 25 HUMBCC-2014-1-LP-JH-S24 Rev G

Land plans – LocationPlan

Sheet 25 of 25 HUMBCC-2014-1-LP-JH-S25 Rev G

Sheet 9 of 25 HUMBCC-2014-1-LP-JH-S9 Rev F

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Location Plan

Sheet 10 of 25 10-2574-GND-01-05-0070 Rev A

Sheet 3 of 25 10-2574-GND-01-05-0063 Rev A

Sheet 11 of 25 10-2574-GND-01-05-0071 Rev A

Sheet Number

Sheet 12 of 25 10-2574-GND-01-05-0072 Rev A

Sheet 4 of 25

Sheet 13 of 25 10-2574-GND-01-05-0073 Rev A

10-2574-GND-01-05-0064 Rev A

Drawing Number

Sheet 14 of 25 10-2574-GND-01-05-0074 Rev A

Access, rights of way andtemporary stopping up plans

Sheet 15 of 25 10-2574-GND-01-05-0075 Rev A

Sheet 5 of 25 10-2574-GND-01-05-0065 Rev A

Sheet 16 of 25 10-2574-GND-01-05-0076 Rev A

Sheet 1 of 25 10-2574-GND-01-05-0061 Rev C

Sheet 17 of 25 10-2574-GND-01-05-0077 Rev B

Sheet 6 of 25

Sheet 18 of 25 10-2574-GND-01-05-0078 Rev B

10-2574-GND-01-05-0066 Rev A

PART 3 Article 2

ACCESS, RIGHTS OF WAY AND TEMPORARY STOPPING UP PLANS

Sheet 19 of 25 10-2574-GND-01-05-0079 Rev B

Drawing title

Sheet 20 of 25 10-2574-GND-01-05-0080 Rev A

Sheet 7 of 25 10-2574-GND-01-05-0067 Rev A

Sheet 21 of 25 10-2574-GND-01-05-0081 Rev A

Sheet 2 of 25

Sheet 22 of 25 10-2574-GND-01-05-0082 Rev A

Sheet 8 of 25

Sheet 23 of 25 10-2574-GND-01-05-0083 Rev A

10-2574-GND-01-05-0068 Rev A

10-2574-GND-01-05-0062 Rev A

Sheet 24 of 25 10-2574-GND-01-05-0084 Rev BSheet 25 of 25 10-2574-GND-01-05-0085 Rev B

Sheet 9 of 25 10-2574-GND-01-05-0069 Rev A

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BC

10-2574-GA-01-0308 C

Camblesforth Multi-junction PlantingDrawing

10-2574-PLN-01-0328 AB

A

Drawing Number

Tollingham Block Valve LocationPlan

10-2574-PLN-01-0304 A

Drax PIG Trap Elevations(Operational Site

10-2574-PLN-01-0303

Tollingham Block Valve PlanningArrangement

10-2574-GA-01-0319 B

C

Revision

Tollingham Block Valve Elevations(N & E)

10-2574-GA-01-0320 B

Drax PIG Trap Planning Arrangement

Drax PIG Trap Planting Drawing

Tollingham Block Valve Elevations(S & W)

10-2574-GA-01-0321 B

10-2574-PLN-01-0327 A

Tollingham Block Valve Elevations(Operational Site)

10-2574-PLN-01-0323 B

10-2574-GA-01-0306 C

Tollingham Block Valve PlantingDrawing

10-2574-PLN-01-0329 A

Camblesforth Multi-junction LocationPlan

10-2574-PLN-01-0326

Dalton Block Valve Location Plan 10-2574-PLN-01-0308 A

A

PART 4 Article 2

APPROVED PLANS

Dalton Block Valve PlanningArrangement

10-2574-GA-01-0322 B

Drawing title

Camblesforth Multi-junction PlanningArrangement

Dalton Block Valve Elevations (N &E)

10-2574-GA-01-0323 B

10-2574-GA-01-0316 BC

Dalton Block Valve Elevations (S &W)

10-2574-GA-01-0324 B

Drax PIG Trap Elevations (N & E) 10-2574-GA-01-0307

Dalton Block Valve Elevations(Operational Site)

10-2574-PLN-01-0324 B

Camblesforth Multi-junctionElevations (N & E)

10-2574-GA-01-0317

Dalton Block Valve Planting Drawing 10-2574-PLN-01-0331 A

BC

C

Skerne Block Valve Location Plan 10-2574-PLN-01-0310 A

Drax PIG Trap Location Plan A

Camblesforth Multi-junctionElevations (S & W)

Skerne Block Valve PlanningArrangement

10-2574-GA-01-0325 B

10-2574-GA-01-0305 BC

Skerne Block Valve Elevations (N &E)

10-2574-GA-01-0326 B

10-2574-PLN-01-0302

Drax PIG Trap Elevations (S & W)

Camblesforth Multi-junctionElevations (Operational Site)

51

10-2574-PLN-01-0325

Barmston Pumping Station PermanentVehicular Access (Sands Road)

10-2574-PLN-01-1049 A

10-2574-GA-01-0327 B

Barmston Pumping Station PermanentVehicular Access (Sands Road)

10-2574-PLN-01-1050 A

Drax PIG Trap TemporaryConstruction Vehicular Access (NewRoad)

10-2574-PLN-01-1044

Widening of Sands Road BetweenA165 Junction and Site Access

10-2574-PLN-01-1051 A

A

Revision

Driffield Construction CompoundTemporary Vehicular Access (A614)

10-2574-PLN-01-1053 AB

Drawing title

Camblesforth Multi-junctionPermanent Vehicular Access (A645)

Drax PIG Trap Permanent VehicularAccess (New Road) Swept PathAnalysis

10-2574-PLN-01-1054 A

10-2574-PLN-01-1045 A

Camblesforth Multi-junctionPermanent Vehicular Access (A645)Swept Path Analysis

10-2574-PLN-01-1055 A

Skerne Block Valve Elevations(Operational Site)

10-2574-PLN-01-0322

Tollingham Block Valve PermanentVehicular Access (Skiff Lane) SweptPath Analysis

10-2574-PLN-01-1056 A

Tollingham Block Valve PermanentVehicular Access (Skiff Lane)

10-2574-PLN-01-1046

Dalton Block Valve PermanentVehicular Access (Lund Wold Road)Swept Path Analysis

10-2574-PLN-01-1057 A

A

B

Skerne Block Valve PermanentVehicular Access (Main Street,Skerne) Swept Path Analysis

10-2574-PLN-01-1058 A

Drawing Number

Dalton Block Valve PermanentVehicular Access (Lund Wold Road)

Barmston Pumping Station PermanentVehicular Access (Sands Road)Swept Path Analysis

10-2574-PLN-01-1059 A

10-2574-PLN-01-1047 A

Driffield Construction CompoundTemporary Vehicular Access (A614)Swept Path Analysis

10-2574-PLN-01-1061 AB

Skerne Block Valve Elevations (S &W)

Skerne Block Valve Planting Drawing

Typical Temporary Access FromHighway Flumed Ditch Crossing

10-2574-STD-01-1014 A

Skerne Block Valve PermanentVehicular Access (Main Street,Skerne)

10-2574-PLN-01-1048

Typical Temporary Access FromHighway No Flumed Ditch Crossing

10-2574-STD-01-1015 A

A

10-2574-PLN-01-0330

52

A

Sheet 10 of 25 10-2574-GND-01-05-0150 rRev A

Sheet 3 of 25 10-2574-GND-01-05-0143 rRev A

Sheet 11 of 25 10-2574-GND-01-05-0151 rRev A

10-2574-GND-01-05-0140 rRev A

Sheet Number

Sheet 12 of 25 10-2574-GND-01-05-0152 rRev A

Sheet 4 of 25

Sheet 13 of 25 10-2574-GND-01-05-0153 rRev A

10-2574-GND-01-05-0144 rRev A

Drawing Number

Sheet 14 of 25 10-2574-GND-01-05-0154 rRev AHedgerow plansSheet 15 of 25 10-2574-GND-01-05-0155 rRev A

Sheet 5 of 25 10-2574-GND-01-05-0145 rRev A

Sheet 16 of 25 10-2574-GND-01-05-0156 rRev A

Sheet 1 of 25 10-2574-GND-01-05-0141 rRev A

Sheet 17 of 25 10-2574-GND-01-05-0157 rRev B

Sheet 6 of 25

Sheet 18 of 25 10-2574-GND-01-05-0158 rRev B

10-2574-GND-01-05-0146 rRev A

PART 5 Article 44

HEDGEROW PLANS

Sheet 19 of 25 10-2574-GND-01-05-0161 rRev AB

Drawing title

Sheet 20 of 25 10-2574-GND-01-05-0159 rRev A

Sheet 7 of 25 10-2574-GND-01-05-0147 rRev A

Sheet 21 of 25 10-2574-GND-01-05-0160 rRev A

Sheet 2 of 25

Sheet 22 of 25 10-2574-GND-01-05-0162 rRev A

Sheet 8 of 25

Sheet 23 of 25 10-2574-GND-01-05-0163 rRev A

10-2574-GND-01-05-0148 rRev A

10-2574-GND-01-05-0142 rRev A

Sheet 24 of 25 10-2574-GND-01-05-0164 rRev B

Hedgerow plans – LocationPlan

Sheet 25 of 25 10-2574-GND-01-05-0165 rRev B

Sheet 9 of 25 10-2574-GND-01-05-0149 rRev A

53

Location Plan

4.6 metres high

Cathodic protection kiosk

Table 2Camblesforth Multi-Junction

Land taken beyond post and rail fence

Parameters for—Camblesforth Multi-Junction Planning Arrangement Plan No. 10-2574-GA-01-0316 Rev BC;Camblesforth Multi-Junction Elevations (N + E) Plan No. 10-2574-GA-01-0317 Rev BC;Camblesforth Multi-junction Elevations (S & W) Plan No. 10-2574-GA-01-0305 Rev BC;andCamblesforth Multi-junction Elevations (Operational Site) Plan No. 10-2574-PLN-01-0325 Rev BC

1 metre wide

1.2 metres high

(a) The parameters in this Table do not apply in the area labelled “Area B” on the plansreferred to in it;

(b) Subject to paragraph (a)—

no element comprised in the authorised development to be located within the area(i)delineated by the weld mesh security fence shown on the plans referred to in thisTable (whether expressly shown on the plans or not) may exceed a height of 4.6metres; and

no element comprised in the authorised development shown on the plans referred to(ii)in this Table and specified in Column 1 of this Table may exceed the height or widthfor that element specified in Column 2.

Parameters for—Drax PIG Trap Planning Arrangement Plan No. 10-2574-GA-01-0306 Rev C;Drax PIG Trap Elevations (N & E) Plan No. 10-2574-GA-01-0307 Rev C;Drax PIG Trap Elevations (S & W) Plan No. 10-2574-GA-01-0308 Rev C; andDrax PIG Trap Elevations (Operational Site) Plan No. 10-2574-PLN-01-0303 Rev C

Weld mesh security fence

Column 1 Column 1

2.4 metres high

Column 1

Post and rail gate or gates 1.2 metres high

Vent stack support

Sterile zone

Post and rail boundary fence 1.2 metres high

2 metres wide

3.1 metres high

Instrument building 3.2 metres high

Column 2

Electrical kiosk

Satellite dish 4.6 metres high

1.8 metres high

(a) No element comprised in the authorised development to be located within the areadelineated by the weld mesh security fence shown on the plans referred to in this Table(whether expressly shown on the plans or not) may exceed a height of 4.6 metres; and

(b) No element comprised in the authorised development shown on the plans referred to inthis Table and specified in Column 1 of this Table may exceed the height or width for thatelement specified in Column 2.

Vent stack support (1) 3.1 metres high

Post and rail fence

Instrument building

Vent stack support (2) 3.1 metres high

3.2 metres high

1.2 metres high

PART 6 Requirement 3 of Schedule 3

PARAMETERS

Table 1Drax PIG Trap

54

Satellite dish

Post and rail boundary fence 1.2 metres high

Column 1

Electrical kiosk meter

Post and rail gates 1.2 metres high

1.8 metres high

Post and rail fence

Cathodic protection kiosk 1.2 metres high

Table 3Tollingham Block Valve

Cathodic protection kiosk

Instrument building 3.2 metres high

Parameters for—Tollingham Block Valve Planning Arrangement Plan No. 10-2574-GA-01-0319 Rev B;Tollingham Block Valve Elevations (N & E) Plan No. 10-2574-GA-01-0320 Rev B;Tollingham Block Valve Elevations (S & W) Plan No. 10-2574-GA-01-0321 Rev B;Tollingham Block Valve Elevations (Operational Site) Plan No. 10-2574-PLN-01-0323 Rev B

1.2 metres high

Satellite dish 3.4 metres high

1.2 metres high

(a) No element comprised in the authorised development to be located within the areadelineated by the weld mesh security fence shown on the plans referred to in this Table(whether expressly shown on the plans or not) may exceed a height of 3.4 metres; and

(b) No element comprised in the authorised development shown on the plans referred to inthis Table and specified in Column 1 of this Table may exceed the height or width for thatelement specified in Column 2.

Weld mesh security fence 2.4 metres high

Column 2

Weld mesh security fence

Weld mesh security fence topped with threestrands of barbed wire

2.88 metres high

Column 1 Column 2

Drainage ditch 2 metres wide

2.4 metres high

Parameters for—Camblesforth Multi-Junction Planning Arrangement Plan No. 10-2574-GA-01-0316 Rev BC;Camblesforth Multi-Junction Elevations (N + E) Plan No. 10-2574-GA-01-0317 Rev BC;Camblesforth Multi-junction Elevations (S & W) Plan No. 10-2574-GA-01-0305 Rev BC;andCamblesforth Multi-junction Elevations (Operational Site) Plan No. 10-2574-PLN-01-0325 Rev BC

Post and rail fence with stile 2 metres wide

Post and rail fence

Table 4Dalton Block Valve

1.2 metres high

Parameters for—Dalton Block Valve Planning Arrangement Plan No. 10-2574-GA-01-0322 Rev B;Dalton Block Valve Elevations (N & E) Plan No. 10-2574-GA-01-0323 Rev B;Dalton Block Valve Elevations (S & W) Plan No. 10-2574-GA-01-0324 Rev BDalton Block Valve Elevations (Operational Site) Plan No. 10-2574-PLN-01-0324 Rev B;

Sterile zone

Weld mesh security fence topped with threestrands of barbed wire

(a) No element comprised in the authorised development to be located within the areadelineated by the weld mesh security fence shown on the plans referred to in this Table(whether expressly shown on the plans or not) may exceed a height of 3.4 metres; and

(b) No element comprised in the authorised development shown on the plans referred to inthis Table and specified in Column 1 of this Table may exceed the height or width for thatelement specified in Column 2.

Land taken beyond post and rail fence 1 metre wide

2.88 metres high

55

2 metres wide

1 metre wide

Column 1 Column 2

Column 1

Instrument building

Weld mesh security fence 2.4 metres high

3.2 metres high

Post and rail fence

Weld mesh security fence topped with threestrands of barbed wire

2.88 metres high

Post and rail boundary fence

Satellite dish

Post and rail fence with stile (1) 2 metres wide

3.4 metres high

1.2 metres high

Post and rail fence with tile (2) 2 metres wide

1.2 metres high

Weld mesh security fence

Satellite dish 3.4 metres high

2.4 metres high

Column 2

Instrument building 3.2 metres high

Post and rail gates

Weld mesh security fence topped with threestrands of barbed wire

Electrical meter kiosk 1.8 metres high

2.88 metres high

1.2 metres high

Post and rail gates 1.2 metres high

Table 5Skerne Block Valve

Parameters for—Dalton Block Valve Planning Arrangement Plan No. 10-2574-GA-01-0322 Rev B;Dalton Block Valve Elevations (N & E) Plan No. 10-2574-GA-01-0323 Rev B;Dalton Block Valve Elevations (S & W) Plan No. 10-2574-GA-01-0324 Rev BDalton Block Valve Elevations (Operational Site) Plan No. 10-2574-PLN-01-0324 Rev B;

Post and rail fence 1.2 metres high

Parameters for—Skerne Block Valve Planning Arrangement Plan No. 10-2574-GA-01-0325 Rev B;Skerne Block Valve Elevations (N & E) Plan No. 10-2574-GA-01-0326 Rev B;Skerne Block Valve Elevations (S & W) Plan No. 10-2574-GA-01-0327 Rev B;Skerne Block Valve Elevations (Operational Site) Plan No. 10-2574-PLN-01-0322 Rev B

Land taken beyond post and rail fence

Cathodic protection kiosk 1.2 metres high

Cathodic protection kiosk

(a) No element comprised in the authorised development to be located within the areadelineated by the weld mesh security fence shown on the plans referred to in this Table(whether expressly shown on the plans or not) may exceed a height of 3.4 metres; and

(b) No element comprised in the authorised development shown on the plans referred to inthis Table and specified in Column 1 of this Table may exceed the height or width for thatelement specified in Column 2.

56

1.2 metres high

AB

PART 7 Requirement 3 of Schedule 3

PLANTING DRAWINGS

Drawing title

Tollingham Block Valve PlantingDrawing

10-2574-PLN-01-0329 A

Drax PIG Trap Planting Drawing 10-2574-PLN-01-0327

Dalton Block Valve Planting Drawing 10-2574-PLN-01-0331 A

A

Drawing Number

Skerne Block Valve Planting Drawing 10-2574-PLN-01-0330 A

Revision

Camblesforth Multi-junction PlantingDrawing

57

10-2574-PLN-01-0328

(ii) S.I. 2010/490.

58

SCHEDULE 3 Article 52

REQUIREMENTS

Interpretation

— In this Schedule—1.

“the 2010 Regulations” means the Conservation of Habitats and Species Regulations 2010(ii);

“AGIs” means Above Ground Installations, namely those parts of the authorised development thatare the Drax PIG trap, Camblesforth Multi-junction, Tollingham, Skerne and Dalton Block Valvesand Barmston Pumping Station;

“Area B” means the area identified as “Area B” on drawing no.10-2574-GA-01-0316 rev B(Camblesforth Multi-junction Planning Arrangement) listed in Part 4 of Schedule 2 (plans) as thesouthern area of the Camblesforth Multi-junction site to accommodate apparatus including up to 3PIG traps;

“Barmston Pumping Station” means that part of the authorised development described in WorkNo. 14A of Schedule 1 (authorised development);

“Camblesforth Multi-junction” means that part of the authorised development described in WorkNo. 4A of Schedule 1 (authorised development);

“code of construction practice” means the document(s) given application document reference 7.5and certified as the code of construction practice by the Secretary of State for the purposes of thisOrder;

“commence (type 1)” means beginning to carry out any material operation (as defined in section155 of the 2008 Act) other than operations consisting of site clearance, demolition work,archaeological investigations and removal works, investigations for the purpose of assessingground and geological conditions, remedial work in respect of any contamination or other adverseground conditions, diversion and laying of services for temporary offices, delivery and storage ofequipment and materials to construction compounds, temporary site accommodation,de-vegetation, necessary pre-commencement environmental mitigation, erection of any temporarymeans of enclosure, the temporary display of site notices or advertisement; and “commencement(type 1)” and “commenced (type 1)” are to be construed accordingly;

“commence (type 2)” means beginning to carry out any material operation (as defined in section155 of the 2008 Act); and “commencement (type 2)” and “commenced (type 2)” are to beconstrued accordingly;

“commence (type 3)” means beginning to carry out any material operation (as defined in section155 of the 2008 Act) other than operations consisting of archaeological investigations and removalworks, investigations for the purpose of assessing ground and geological conditions, remedialwork in respect of any contamination or other adverse ground conditions, de-vegetation, necessarypre-commencement environmental mitigation, the temporary display of site notices oradvertisements; and “commencement (type 3)” and “commenced (type 3)” are to be construedaccordingly;

“construction compounds” means the temporary compounds needed to store equipment, materialsand site accommodation during the construction of the authorised development;

“construction work” means works to construct the authorised development, or relevant part of it,excluding mobilisation of plant and equipment into, out of or within the Order limits;

“the Environment Agency” means the body established under the Environment Act 1995(c) or anysuccessor to its statutory functions;

“European protected species” has the same meaning as in regulation 40 of the 2010 Regulations;

“European site” has the same meaning as it has in regulation 8(1) of the 2010 Regulations;

59

“Requirement” means the appropriate numbered paragraph or paragraphs in this Schedule towhich reference is made, for example “Requirement 6” or “these Requirements”;

“reinstatement” means the restoration of land within the Order limits for future use afterconstruction of the authorised development;

“relevant highway authority” means North Yorkshire County Council or East Riding of YorkshireCouncil as the case may be including their successor and where the relevant matter is located in theadministrative areas of both then it means both;

“relevant planning authority” means Selby District Council or East Riding of Yorkshire Council asthe case may be including their successor and where the relevant matter is located in theadministrative areas of both then it means both; and

“stage” means part of the authorised development as described in Requirement 4.

Where in this Schedule details or plans are to be approved by or provided for consultation(1) purposes to a relevant planning authority which is Selby District Council, then insofar as the details orplans are relevant to highways, ecological or archaeological matters the relevant planning authoritymust consult with North Yorkshire County Council as the relevant highway authority and/or theCounty Ecologist and/or the County Archaeologist of North Yorkshire County Council as the case maybe.

Time limits

The authorised development must be commenced (type 2) within five years of the date of this2.Order.

Approved details

— Subject to Requirements 5 (Barmston Pumping Station) and 6 (Camblesforth Multi-junction),3.the authorised development referred to in Schedule 1 (authorised development) must not take placeotherwise than in accordance with the approved details; and in this Requirement the “approved details”mean—

the approved plans; or(a)

any amendments, revisions or supplements to an approved plan which—(b)

have been approved by the relevant planning authority;(i)

do not exceed the parameters specified in Part 6 (parameters) of Schedule 2 (approved(ii)plans) for the approved plan to which the amendments, revisions or supplements relate;and

are not likely to give rise to any materially new or materially different significant effects(iii)from those assessed in the environmental statement.

A planting drawing under Part 7 (planting drawings) of Schedule 2 (plans) may not be amended,(1) revised or supplemented pursuant to Requirement 3(1)(b).

Stages of the authorised development

The stages of the authorised development for the purposes of these Requirements are (in no order4.of construction phasing)—

the “Drax to Camblesforth stage”, namely Work Nos. 3A to 3G;(a)

the “Camblesforth to Tollingham stage”, namely Work Nos. 5A to 5J;(b)

the “Tollingham to grid references 490485.84 E 441486.96 N (the A0179) stage”, namely(c)Work Nos. 8A to 8F;

the “grid references 490485.84 E 441486.96 N (the A0179) to Dalton stage”, namely Work(d)Nos. 8G to 8L;

the “Dalton to Skerne stage”, namely Work Nos. 10A to 10K;(e)

the “Skerne to Barmston stage”, namely Work Nos. 13A to 13E;(f)

the “Barmston stage”, namely Work Nos. 14A to 14D;(g)

the “Drax PIG Trap stage”, namely Work Nos. 1A to 2A;(h)

60

the “Camblesforth Multi-junction stage”, namely Work Nos. 4A to 4D;(i)

the “Tollingham Block Valve stage” namely Work Nos. 6A to 6 D;(j)

the “Dalton Block Valve stage” namely Work Nos. 9A to 9D;(k)

the “Skerne Block Valve stage” namely Work Nos. 11A to 11D;(l)

the “Tollingham Construction Compound stage” namely Work No. 7;(m)

the “Driffield Construction Compound stage” namely Work No. 12;(n)

the “Landfall stage” namely Work Nos. 15A to 15B,(o)

and in each case such further associated development in connection with those Work Nos. as is listedat paragraphs (a) to (n) (further associated development) of Schedule 1 (authorised development)inclusive insofar as it is relevant to that stage.

Barmston Pumping Station

— Construction of the Barmston Pumping Station (Work Nos.14A and 14B) must not commence5.(type 2) until details of the layout, scale, external appearance, surface treatments, method of drainageand landscaping of the Barmston Pumping Station have been submitted to and approved by therelevant planning authority in consultation with the Environment Agency.

The details referred to in Requirement 5(1) must be in accordance with the Barmston Pumping(1) Station parameter plan and the principles of chapter 8 of the design and access statement; and in thisRequirement—

the “design and access statement” means the document(s) given application document(a)reference 7.3 and certified as the design and access statement by the Secretary of State for thepurposes of this Order; and

the “Barmston Pumping Station parameter plan” means the drawing given drawing number(b)10-2574-PLN-01-0346 Rev B and application document reference 2.14 and certified as theBarmston Pumping Station parameter plan by the Secretary of State for the purposes of thisOrder.

The method of drainage must be designed in accordance with the principles set out in the(2) document entitled “The SuDS Manual” issued in 2007 by CIRIA (the Construction Industry Researchand Information Association).

The construction of the Barmston Pumping Station must be carried out in accordance with the(3) approved details.

External lighting to be affixed at the Barmston Pumping Station must be bulkhead lighting and/or(4) low level lighting only and such lighting may only operate when the Barmston Pumping Station ismanned.

Camblesforth Multi-junction design

— In Area B of the Camblesforth Multi-junction (Work No. 4A)—6.

no works may commence (type 1) until details of the layout, scale and external appearance,(a)surface treatments and method of drainage of those works have been submitted to andapproved by the relevant planning authority in consultation with the Environment Agency;and

no structure comprised in the authorised development may exceed a height of 4 metres above(b)ground surface.

The details referred to in Requirement 6(1) must be in accordance with the Camblesforth(1) Multi-junction parameter plan; and in this Requirement the “Camblesforth Multi-junction parameterplan” means the drawing given drawing number 10-2574-GA-01-0316 Rev BC and documentreference 2.25 and certified as the Camblesforth Multi-junction parameter plan by the Secretary ofState for the purposes of this Order.

The method of drainage must be designed in accordance with the principles set out in the(2) document entitled “The SuDS Manual” issued in 2007 by CIRIA (the Construction Industry Researchand Information Association).

61

The construction of Area B of the Camblesforth Multi-junction must be carried out in(3) accordance with the approved details.

External lighting to be affixed at the Camblesforth Multi-junction must be bulkhead lighting(4) and/or low level lighting only and such lighting may only operate when the CamblesforthMulti-junction is manned.

European protected species

— No stage of the authorised development may commence (type 2) until, for that stage, further7.survey work has been carried out to establish whether a European protected species is present—

on any land which may be affected by that stage of the authorised development;(a)

in any of the trees to be lopped or felled, in hedgerows removed or in buildings to be(b)demolished during that stage of the authorised development,

and the results of the survey must be provided to Natural England.

Where a European protected species is shown to be present by the further survey work referred to(1) in Requirement 7(1), the stage of the authorised development to which that survey work relates mustnot commence (type 2) until a scheme of protection and mitigation measures has been submitted to andapproved by the relevant planning authority, following consultation with Natural England; and thatstage of the authorised development must be carried out in accordance with the approved scheme.

Scheme of ecological mitigation and reinstatement

— No stage of the authorised development may commence (type 3) until a scheme of ecological8.mitigation for that stage (which in respect of a pipeline stage must also set out proposals for thereinstatement of that pipeline stage) has been submitted—

no less than 14 days prior to an application for approval under Requirement 8(1)(b) in draft(a)form for consultation with the relevant planning authority and, so far as the scheme relates tothe licensed location, with the MMO (and “licensed location” and “MMO” have the meaningsgiven in paragraph 1 of Part 1 (interpretation and details of licensed marine activities) ofSchedule 10 (deemed marine licence under Part 4 (marine licensing) of the Marine andCoastal Access Act 2009); and

in final form for approval by the relevant planning authority and has been approved.(b)

The scheme must contain, insofar as it is relevant for that stage—(1)

the survey results and ecological mitigation measures for species and habitats that are not(a)subject to the need for a licence pursuant to the 2010 Regulations (and which are included inthe environmental statement); and

a strategy for the reinstatement, re-planting and restoration of hedgerows and trees (so far as(b)relevant) that are removed in the course of the carrying out of that stage of the authoriseddevelopment.

The scheme must include an implementation timetable applicable to that stage of the authorised(2) development.

Any stage of the authorised development must be carried out in accordance with the approved(3) scheme for that stage.

Any tree, shrub or hedge planted as part of a scheme of ecological mitigation and reinstatement(4) which dies or becomes within a period of 5 years after completion of a stage of the authoriseddevelopment, in the opinion of the relevant planning authority, seriously damaged or diseased, must bereplaced in the first available planting season (provided that it is within the 5 year period referred to inthis Requirement 8(5)) with a specimen of the same species and size as that originally planted, unlessotherwise approved by the relevant planning authority.

In this Requirement, “pipeline stage” means the stages listed in Requirements 4(a) to (f)(5) (inclusive) 4 (stages of the authorised development).

62

Water

—— No stage of the authorised development may commence (type 1) until, for that stage, both a9.construction water management plan and pollution prevention and control plan have been submitted toand approved by the relevant planning authority, in consultation with the Environment Agency.

The construction water management plan must include the following—(1)

details of measures to ensure discharge from dewatering is non-polluting and will not(a)exacerbate flood risk;

details of areas at risk of water pollution from surface water run-off, and any special control(b)measures required in those areas;

details of measures to minimise suspension of and pollution due to sediment;(c)

a commitment that works in the channel will be carried out in a bunded, dry working space(d)with any water entering the space being pumped out for treatment prior to discharge back tothe watercourse;

a commitment that no discharges or abstractions will take place to or from ponds;(e)

where it is considered necessary to store material in the flood plain, the requirements for(f)mitigation will be agreed with the Environment Agency before construction commences (type1);

details of hydrostatic testing requirements, including water sources and discharge points, and(g)water quality monitoring of test water discharged;

a commitment that water will be returned to the catchment it was abstracted from or if a(h)groundwater source is used that groundwater is discharged to a surface water locationidentified in consultation with the Environment Agency; and

all necessary licenses and consents will be obtained.(i)

The pollution prevention and control plan must include the following—(2)

details of a pollution incident response plan;(a)

details of storage and management of fuel and any other potentially polluting chemicals;(b)

details of pollution control measures;(c)

details regarding the control of mud at site accesses using road sweepers;(d)

details of the design and management of vehicle wash areas within the main construction(e)compounds.

The construction works for each stage of the authorised development must be carried out in(3) accordance with the approved construction water management plan and pollution prevention andcontrol plan.

The method of crossing main rivers and ordinary watercourses (including land drains) must be(4) undertaken in a manner which will not cause an increase in flood risk to any area upstream,downstream or surrounding the crossing.

Surface water runoff from temporary works/construction compounds must be in accordance with(5) flood risk assessment drainage measures to control surface water runoff in the construction phase ofthe authorised development; and in this Requirement the “flood risk assessment” means the documentcertified by the Secretary of State for the purposes of this Order as the flood risk assessment dated June2014 (given application document reference 5.2);

All excess spoil must be removed from the areas of Flood Zones 2 and 3 at the earliest(6) opportunity.

Any temporary stock-piling of spoil during the construction phase shall be sited outside Flood(7) Zones 2 and 3 wherever possible.

Where Flood Zones 2 and 3 cannot be avoided, regular gaps shall be incorporated in any spoil(8) heaps.

There must be no permanent raising of ground levels within the floodplain by the undertaker.(9)

63

Removal of trees and hedgerows

— No stage of the authorised development may commence (type 2) until, for that stage, details10.identifying the trees, groups of trees and hedgerows to be removed during that stage have beensubmitted to and approved by the relevant planning authority.

Each stage of the authorised development must be carried out in accordance with the approved(1) details (if any) for that stage.

AGI hard landscaping, lighting and drainage

— No stage of the authorised development may commence (type 1) until, for that stage, details of11.hard surfacing materials (if any), external lighting (if any) and drainage methods for all AGIs (with theexception of Area B of the Camblesforth Multi-junction and the Barmston Pumping Station), havebeen submitted to and approved by the relevant planning authority in consultation with theEnvironment Agency.

The method of drainage must be designed in accordance with the principles set out in the(1) document entitled “The SuDS Manual” issued in 2007 by CIRIA (the Construction Industry Researchand Information Association).

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

External lighting to be affixed at any AGI must be bulkhead lighting and/or low level lighting(3) only and such lighting may only operate when that AGI is manned.

Archaeology

— No stage of the authorised development may commence (type 1) until a written scheme of12.archaeological investigation for that stage has been submitted to and approved by the relevant planningauthority.

The written scheme must identify areas where a programme of archaeological investigation is(1) required and the measures to be taken to protect, record or preserve any significant archaeologicalremains that may be found.

Any archaeological works or watching brief for a stage of the authorised development must be(2) carried out in accordance with the approved written scheme for that stage.

Construction hours

—— Subject to Requirements 13(3) and 13(4), except in the event of an emergency or unless13.otherwise agreed in writing by the relevant planning authority, construction work must only take placebetween the hours of 07:00 and 19:00 from Monday to Saturday and between 07:00 and 17:00 onSundays and Bank Holidays except that during the winter months (October to February) constructionwork at the Barmston Pumping Station—

must only take place between the hours of 08:00 and 18:00 from Monday to Saturday; and(a)

may not take place on Sundays or Bank Holidays.(b)

In the event of an emergency, notification of that emergency must be given to the relevant(1) planning authority as soon as practicable.

The following operations may take place outside the working hours referred to in Requirement(2) 13(1)—

microtunnelling;(a)

horizontal directional drilling;(b)

filling, testing, dewatering and drying locations(c)

works within the landfall, namely Work Nos. 15A and 15B;(d)

dewatering activities;(e)

temporary possession of railway infrastructure;(f)

commissioning.(g)

Nothing in Requirement 13(1) above precludes—(3)

Monday – Saturdays 19.00 – 23.00 55

Time of day SPL, dB LAeq,T

Sundays and Bank Holidays07.00 – 19.00

65 in respect of pipelineconstruction works;

55 in respect of—

AGI construction works;(a)and

construction work related(b)to the crossing of theRiver Ouse in the areasdelineated as “pipelineenvelope temporaryconstruction area 3” and“pipeline envelopetemporary constructionarea 4” on onshorescheme map 1 of 10 offigure 3.2 of the onshorescheme description(given applicationdocument reference 6.3)of the environmentalstatement

Construction noise threshold (atthe nearest façade)

a reasonable start-up period and a reasonable shut-down period on Mondays to Saturdays(a)(inclusive); and

maintenance at any time of plant and machinery engaged in the construction of the authorised(b)development.

In this Requirement “emergency” means a situation where, if the relevant action is not taken,(4) there will be adverse health, safety, security or environmental consequences that in the reasonableopinion of the undertaker would outweigh the adverse effects to the public (whether individuals,classes or generally as the case may be) of taking that action.

Code of construction practice

The authorised development must be carried out in accordance with the code of construction14.practice, unless otherwise approved in writing by the relevant planning authority.

Noise

—— Subject to Requirement 15(2), the construction of the authorised development must take15.place in accordance with, and not exceed, the following construction noise levels at the statedtimes——

19:00 –– 23:00 55

Monday – Fridays

Saturday

07.00 – 19.00

07.00 – 19.00

Each day 23.00 –– 07.00 45

65

65

The noise level restrictions set out in Requirement 15(1) do not apply where—(1)

Effect assessment period

64

Day of week

65

the undertaker notifies the relevant planning authority that to facilitate the effective and(a)expeditious carrying out of a particular construction activity comprised within the authoriseddevelopment a particular noise level restriction will or may be exceeded for a particulartemporary duration; and

the undertaker sets out to the satisfaction of the relevant planning authority a different noise(b)level restriction for that activity and that temporary duration,

in which case the undertaker must instead comply with that different noise level restriction for thatactivity and that temporary duration.

The operation of Barmston Pumping Station (Work Nos. 14A and 14B) must not commence until(2) a noise report for that operation is submitted to and approved by the relevant planning authority. Thenoise report must assess noise from fixed plant / machinery at Barmston Pumping Station inaccordance with Requirements 15(4) and 15(5).

The noise report referred to in Requirement 15(3) must—(3)

be based on the methodology set out in British Standard 4142:1997; and(a)

demonstrate that when the fixed plant / machinery located at the Barmston Pumping Station(b)operates, the rating noise level at the property located at national grid reference 515432,461508 (Rose Cottage), being the nearest existing receptor, for that permanent fixed plant /machinery will not exceed 26.7 LA90,T, being the lowest background noise level recorded inJuly 2013 at that property.

The noise report referred to in Requirement 15(3) must, in respect of low frequency noise—(4)

include source noise levels of fixed plant/ machinery to be located in the Barmston Pumping(a)Station specified by the manufacturers of the fixed plant / machinery or, where available,based on other appropriate sources;

include a comparison of those dBA source noise levels with those dBC source noise levels for(b)the plant; and

if the difference between those dBA source noise levels and those dBC source noise levels is(c)greater than 20dB, include appropriate mitigation for low frequency noise identified in thereport as arising from the Barmston Pumping Station.

The authorised development must be carried out in accordance with any—(5)

noise limits; and(a)

specifications for—(b)

site design and material;(i)

plant and machinery;(ii)

operation and maintenance,(iii)

specified in the noise report approved pursuant to Requirement 15(3), unless otherwiseapproved by the relevant planning authority.

Land drainage

Subject to Requirement 11 (AGI hard landscaping and drainage), the authorised development16.must take place in accordance with the drainage strategy, unless otherwise agreed in writing by therelevant planning authority; and in this Requirement “drainage strategy” means the document certifiedby the Secretary of State for the purposes of this Order as the drainage report dated June 2014 (givenapplication document reference 7.7) but does not mean the plans given application document reference7.7.1.

Contaminated land and groundwater

— In the event that contamination is found at any time when carrying out the authorised17.development that has not been previously identified it must be reported in writing immediately to therelevant planning authority.

A scheme setting out the process for carrying out, and the content of, an investigation and risk(1) assessment in respect of an instance of contamination referred to Requirement 17(1) must be submittedto the relevant planning authority for approval within 14 days of the date on which the instance ofcontamination is reported to the relevant planning authority under Requirement 17(1).

66

An investigation and risk assessment must be completed in accordance with the scheme approved(2) under Requirement 17(2) to assess the nature and extent of any contamination on the part of the Orderlimits within which works are being carried out, whether or not that contamination originates on thatpart of the Order limits; and that investigation and risk assessment must be undertaken by competentpersons and a written report of the findings must be produced and provided to the relevant planningauthority no later than—

28 days after the date on which the instance of contamination is reported to the relevant(a)planning authority under Requirement 17(1); or

if later, 14 days after the date on which the relevant planning authority has approved the(b)scheme submitted under Requirement 17(2).

Where remediation is required a detailed remediation scheme to bring a part of the Order limits(3) within which works are being carried out to a condition suitable for the intended use must be preparedand submitted for the written approval of the relevant planning authority no later than—

35 days after the date on which the instance of contamination is reported to the relevant(a)planning authority under Requirement 17(1); or

if later, 21 days after the date on which the relevant planning authority has approved the(b)scheme submitted under Requirement 17(2).

The remediation scheme approved under Requirement 17(4) must be carried out in accordance(4) with its terms unless otherwise approved in writing by the relevant planning authority and, followingcompletion of measures identified in the approved remediation scheme, a verification report thatdemonstrates the effectiveness of the remediation carried out must be produced and approved inwriting by the relevant planning authority.

Construction traffic plan

No stage of the authorised development may commence (type 3) until a traffic management plan18.for that stage has been submitted to and, following consultation with the highway authority, beenapproved by the relevant planning authority; and each stage of the authorised development must becarried out in accordance with the traffic management plan for that stage.

Restoration of land used temporarily for construction

Subject to article 28(4) (temporary use of land for carrying out the authorised development), any19.land within the Order limits which is used temporarily for construction as part of a stage of theauthorised development must be reinstated to a condition fit for its former use, or such other conditionas the relevant planning authority may approve, within 12 months of completion of that stage; butnothing in this Requirement prevents the undertaker from exercising powers under article 28(temporary use of land for carrying out the authorised development) in respect of that land followingsuch reinstatement, in which case this Requirement applies again following that subsequent exercise ofthose powers.

Requirement for written approval

Where under any of the Requirements the approval or agreement of the relevant planning20.authority or another person is required, that approval or agreement must be given in writing.

Amendments to approved details

— With respect to any Requirement which requires the authorised development to be carried out21.in accordance or general accordance with details approved by the relevant planning authority, theapproved details include any amendments that may subsequently be approved in writing by therelevant planning authority to the extent that such amendments do not give rise to any materially newor materially different significant environmental effects from those assessed in the environmentalstatement.

Where a Requirement allows for changes to the restrictions imposed or to a plan or scheme (or(1) similar) approved so long as those changes are approved or agreed in writing by the relevant planningauthority, that approval or agreement may not be given unless it has been demonstrated to thesatisfaction of the relevant planning authority that the subject-matter of the approval or agreement

67

sought is unlikely to give rise to any materially new or materially different significant environmentaleffects from those assessed in the environmental statement.

Decommissioning

— At least six months prior to the permanent cessation of operation of the authorised22.development, a scheme of decommissioning, restoration and aftercare of the authorised developmentmust be submitted for approval by the relevant planning authority, in consultation with the MMO sofar as the scheme relates to the licensed location; and “licensed location” and “MMO” have themeanings given in paragraph 1 of Part 1 (interpretation and details of licensed marine activities) ofSchedule 10 (deemed marine licence under Part 4 (marine licensing) of the Marine and CoastalAccess Act 2009).

The scheme must include proposals for—(1)

future uses of the above ground installations following permanent cessation of such(a)installations or (if none) the means of decommissioning such installations;

future uses of the pipelines comprised in the authorised development or (if none) the means of(b)decommissioning of such pipelines;

what above-ground structures, buildings and other parts of the authorised development are to(c)be demolished or retained and the means of any demolition;

the phasing of any decommissioning, demolition and/or removal proposed in Requirements(d)22(2)(a) to (c);

the means of removal of decommissioning materials and demolition waste arising from the(e)activities listed in Requirements 22(2)(a) to (c);

works for the restoration of land within the Order limits on which the authorised development(f)is located and the phasing of such restoration works;

aftercare of the authorised development, having regard to any future uses of elements of the(g)authorised development, including the long term retention and maintenance of cathodicprotection;

a risk management plan setting out measures to be taken in appropriate circumstances to(h)minimise risk in respect of the authorised development following permanent cessation ofoperation of the authorised development; and

a timetable for implementation of the scheme.(i)

The scheme must be implemented as approved following the permanent cessation of the(2) operation of the authorised development.

In this Requirement—(3)

“aftercare” means monitoring, maintenance and management of land within the Order limits(a)following its reinstatement and restoration;

“decommissioning” means the decommissioning of the authorised development on the later of(b)(a) the date on which it is no longer required for operational use or (b) the permanentcessation of operation of the authorised development, as the case may be;

“operational use” or “operation of the authorised development” means use of the authorised(c)development for the purposes for which it is authorised; and

“permanent cessation” means the cessation of operation of the authorised development, or(d)relevant part of it, where there is a demonstrable intention to cease permanently thoseoperations.

Driffield Construction Compound

In the Driffield Construction Compound comprised in Work No. 12 no buildings may be23.demolished in the area shown coloured blue, cross-hatched orange and labelled “no buildings to bedemolished as part of the Onshore Scheme” on the drawing entitled “Environmental CommitmentsMap 8 of 10” provided in the code of construction practice.

68

Venting for AGI maintenance

For planned maintenance of each of the AGIs, the internal inventory of carbon dioxide may only24.be vented twice a year—

at a rate whereby noise emissions at each site do not exceed a maximum of 70dB LAeq, 1hr at(a)the nearest existing noise sensitive receptor;

where the duration of a vent activity does not exceed one hour; and(b)

between the hours of 07:00 and 19:00 Monday to Friday.(c)

AGI venting for pipeline inspections

— The initial frequency of planned internal inspection of pipelines using PIGs will be set at once25.every five years. Over time the frequency will be adjusted following examination of previousinspection data. That is, the inspection intervals could be extended or reduced to meet the needs ofmaintaining a safe operating pipeline.

Venting of the internal inventory of carbon dioxide at PIG traps at AGIs, for the purposes of(1) internal inspection of pipelines, may only occur—

at a rate whereby noise emissions at each site do not exceed a maximum of 70dB LAeq, 1hr at(a)the nearest existing noise sensitive receptor;

over a venting duration of no more than one hour per day for each site, which may be repeated(b)on multiple days over a period which does not exceed 14 days at each AGI;

between the hours of 07:00 and 19:00 Monday to Friday.(c)

AGI venting notifications

—— No less than 24 hours prior to—26.

an individual venting event referred to in Requirement 24 (Venting for AGI maintenance); or(a)

a venting period referred to in Requirement 25 (AGI venting for pipeline inspections),(b)

a letter providing notice of the activity taking place and its likely duration must be postedthrough the door of (if any) any residential and commercial property within a noise contourwhich the undertaker considers is likely to experience noise levels above 60 dB(A) LAeq, 1hr.

Prior to an individual venting event referred to in Requirement 24 (Venting for AGI maintenance)(1) or in Requirement 25 (AGI venting for pipeline inspections) taking place an operative of the undertakermust place a notice at locations (if any) where a public right of way or other public highway intersectswith a noise contour which the undertaker considers likely to experience noise levels above 70dB(A)LAeq, 1hr noise contour; and the notice—

must set out the activity taking place and its likely duration; and(a)

may be removed on completion of the activity to which it relates.(b)

For the purposes of Work No. 3A, unnamed private farm track east ofLendall Drain (for information indicated as TX 0/3 on access, rights of wayand temporary stopping up plans drawing number10-2574-GND-01-05-0061 sheet 1 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0031(sheet 1 of 25)

SCHEDULE 4 Article 10

STREETS SUBJECT TO STREET WORKS

North YorkshireCounty Council, Selby

District Council

North YorkshireCounty Council, Selby

District Council

For the purposes of Work No. 3A, unnamed private tarmac track to Draxpump house and River Ouse (for information indicated as TX 0/4 on access,rights of way and temporary stopping up plans drawing number10-2574-GND-01-05-0061 sheet 1 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0031(sheet 1 of 25)

For the purposes of Work No. 3A, Long Drax Footpath 35.47/6/1 in theevent that it is diverted under the public path diversion order entitled“Footpath Nos. 35.47/1, 35.47/6 & 35.47/10, Long Drax and 35.6/12,Barlow, Drax Power Station, Long Drax Diversion Order 2014”, under anyother public path diversion order pertaining to Public Footpath No.35.47/6/1 or otherwise (which shall include such other footpath number ornumbers (if different) or such other route or routes as may be specified inthe instrument by which the diversion is given effect) where crossed by theauthorised development within the Order limits (and for information (wherethe proposed diversion routes are known but remain to be determined)indicated on access, rights of way and temporary stopping up plans drawingnumber 10-2574-GND-01-05-0061 sheet 1 of 25).Works plans drawing number 10-2574-GND-01-05-0031 (sheet 1 of 25)

(1)Area

North YorkshireCounty Council, Selby

District Council

For the purposes of Work No. 3B, Pear Tree Avenue, Long Drax (forinformation tarmac road indicated as RDX 1/A and B on access, rights ofway and temporary stopping up plans drawing number10-2574-GND-01-05-0061 sheet 1 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0031(sheet 1 of 25)

North YorkshireCounty Council, Selby

District Council

North YorkshireCounty Council, Selby

District Council

North Yorkshire For the purposes of Work No. 3B, Long Drax Footpath No. 35.47/1/1 in the

For the purposes of Work No. 3A, unnamed private farm track north ofAugustinian Priory (for information indicated as TX 0/2 on access, rights ofway and temporary stopping up plans drawing number10-2574-GND-01-05-0061 sheet 1 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0031 (sheet 1 of 25)

For the purposes of Work No. 3A, unnamed private farm track to Foreman’sCottage (for information indicated as TX 0/1 on access, rights of way andtemporary stopping up plans (drawing number 10-2574-GND-01-05-0061;sheet 1 of 25) where crossed by the authorised development within theOrder limits.Works plans drawing number 10-2574-GND-01-05-0031(sheet 1 of 25)

(2)Street subject to street works

69

North YorkshireCounty Council, Selby

District Council

For the purposes of Work No. 3B, Long Drax Footpath No. 35.47/8/1 (orsuch other footpath number or numbers for such footpath as may bespecified in the public path diversion order entitled “Footpath Nos. 35.47/1,35.47/6 & 35.47/10, Long Drax and 35.6/12, Barlow, Drax Power Station,Long Drax Diversion Order 2014”, under any other public path diversionorder pertaining to public footpath no. 35.47/8/1 or otherwise) (forinformation indicated on access, rights of way and temporary stopping upplans drawing number 10-2574-GND-01-05-0061 sheet 1 of 25) wherecrossed by the authorised development within the Order limits.Works plans drawing number 10-2574-GND-01-05-0031(sheet 1 of 25)

North YorkshireCounty Council, Selby

District Council

For the purposes of Work No. 3C, Long Drax Footpath No. 35.47/4/1(for information indicated on access, rights of way and temporary stoppingup plans drawing number 10-2574-GND-01-05-0061 sheet 1 of 25) wherecrossed by the authorised development within the Order limits.Works plans drawing number 10-2574-GND-01-05-0031(sheet 1 of 25)

County Council, SelbyDistrict Council

event that it is diverted under the public path diversion order entitled“Footpath Nos. 35.47/1, 35.47/6 & 35.47/10, Long Drax and 35.6/12,Barlow, Drax Power Station, Long Drax Diversion Order 2014”, under anyother public path diversion order pertaining to Public Footpath No.35.47/1/1 or otherwise (which shall include such other footpath number ornumbers (if different) or such other route or routes for such footpath as maybe specified in the instrument by which the diversion is given effect) wherecrossed by the authorised development within the Order limits (and forinformation (where the proposed diversion routes are known but remain tobe determined) indicated on access, rights of way and temporary stoppingup plans drawing number 10-2574-GND-01-05-0061 sheet 1 of 25).Works plans drawing number 10-2574-GND-01-05-0031(sheet 1 of 25)

North YorkshireCounty Council, Selby

District Council

For the purposes of Work No. 3D, Main Road, Long Drax (for informationtarmac road indicated as RDX 3/A and B on access, rights of way andtemporary stopping up plans drawing number 10-2574-GND-01-05-0061sheet 1 of 25) where crossed by the authorised development within theOrder limits.Works plans drawing number 10-2574-GND-01-05-0031(sheet 1 of 25)

North YorkshireCounty Council, Selby

District Council

For the purposes of Work No. 3B, Unnamed private track north east of NewClose Plantation (for information indicated as TX 1/1 on access, rights ofway and temporary stopping up plans drawing number10-2574-GND-01-05-0061 sheet 1 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0031(sheet 1 of 25)

North YorkshireCounty Council, Selby

District Council

For the purposes of Work No. 3D, Drax Footpath No. 35.47/5/1 (forinformation indicated on access, rights of way and temporary stopping upplans drawing number 10-2574-GND-01-05-0061 sheet 1 of 25) wherecrossed by the authorised development within the Order limits.Works plans drawing number 10-2574-GND-01-05-0031(sheet 1 of 25)

(1)Area

(2)Street subject to street works

North Yorkshire For the purposes of Work No. 3D, Drax Footpath 35.26/7/1

North YorkshireCounty Council, Selby

District Council

For the purposes of Work No. 3C, Carr Lane, Long Drax (for informationtarmac road indicated as RDX 2/A and B on access, rights of way andtemporary stopping up plans drawing number 10-2574-GND-01-05-0061sheet 1 of 25) where crossed by the authorised development within theOrder limits.Works plans drawing number 10-2574-GND-01-05-0031(sheet 1 of 25)

70

North YorkshireCounty Council, Selby

District Council

(for information indicated on access, rights of way and temporary stoppingup plans drawing number 10-2574-GND-01-05-0062 sheet 2 of 25) wherecrossed by the authorised development within the Order limits.Works plans drawing number 10-2574-GND-01-05-0032 (sheet 2 of 25)

North YorkshireCounty Council, Selby

District Council

For the purposes of Work No. 3G and 5A, unnamed private concrete/tarmac track to fishing lake (for information indicated as TX 6/1 and TX6/4 on access, rights of way and temporary stopping up plans drawingnumber 10-2574-GND-01-05-0062 sheet 2 of 25) where crossed by theauthorised development within the Order limits.Works plans drawing number 10-2574-GND-01-05-0032 (sheet 2 of 25)

North YorkshireCounty Council, Selby

District Council

For the purposes of Work No. 3E, Hales Lane unmade private track (forinformation indicated as TX 4/1 on access, rights of way and temporarystopping up plans drawing number 10-2574-GND-01-05-0062 sheet 2 of25) where crossed by the authorised development within the Order limits.Works plans drawing number 10-2574-GND-01-05-0032 (sheet 2 of 25)

North YorkshireCounty Council, Selby

District Council

For the purposes of Work No. 3G and 5A, unnamed private unmade farmtrack (continuation of Wade House Lane) (for information indicated as TX6/2 and TX 6/3 on access, rights of way and temporary stopping up plansdrawing number 10-2574-GND-01-05-0062 sheet 2 of 25) where crossed bythe authorised development within the Order limits.Works plans drawing number 10-2574-GND-01-05-0032 (sheet 2 of 25)

(1)Area

(2)Street subject to street works

North YorkshireCounty Council, Selby

District Council

For the purposes of Work No. 5B, Brickhill Lane, tarmac track (forinformation indicated as TX 7/1 on access, rights of way and temporarystopping up plans drawing number 10-2574-GND-01-05-0062 sheet 2 of25) where crossed by the authorised development within the Order limits.Works plans drawing number 10-2574-GND-01-05-0032 (sheet 2 of 25)

North YorkshireCounty Council, Selby

District Council

For the purposes of Work No. 3F, Brickhill Lane, Drax (for informationtarmac road indicated as RDX 5/A and B on access, rights of way andtemporary stopping up plans drawing number 10-2574-GND-01-05-0062sheet 2 of 25) where crossed by the authorised development within theOrder limits.Works plans drawing number 10-2574-GND-01-05-0032 (sheet 2 of 25)

North YorkshireCounty Council, Selby

District Council

For the purposes of Work No. 5B, (Brickhill Lane track) Drax Footpath No.35.26/9/1 (for information indicated on access, rights of way and temporarystopping up plans drawing number 10-2574-GND-01-05-0062 sheet 2 of25) where crossed by the authorised development within the Order limits.Works plans drawing number 10-2574-GND-01-05-0032 (sheet 2 of 25)

North YorkshireCounty Council, Selby

District Council

For the purposes of Work No. 3E, Church Dike Lane, Drax (for informationtarmac road indicated as RDX 4/A and B on access, rights of way andtemporary stopping up plans drawing number 10-2574-GND-01-05-0062sheet 2 of 25) where crossed by the authorised development within theOrder limits.Works plans drawing number 10-2574-GND-01-05-0032 (sheet 2 of 25)

North Yorkshire For the purposes of Work No. 5B, Hales Lane unmade private track (for

North YorkshireCounty Council, Selby

District Council

For the purposes of Work No. 3G and 5B, A645, Drax (for informationtarmac road indicated as RDX 6 + 7/A and B on access, rights of way andtemporary stopping up plans drawing number 10-2574-GND-01-05-0062sheet 2 of 25) where crossed by the authorised development within theOrder limits.Works plans drawing number 10-2574-GND-01-05-0032 (sheet 2 of 25)

71

County Council, SelbyDistrict Council

For the purposes of Work No. 5C, Barmby-on-the-Marsh Footpath No 3,north of River Ouse (for information indicated on access, rights of way andtemporary stopping up plans drawing number 10-2574-GND-01-05-0063sheet 3 of 25) where crossed by the authorised development within theOrder limits.Works plans drawing number 10-2574-GND-01-05-0033 (sheet 3 of 25)

County Council, SelbyDistrict Council

information indicated as TX 7/2 on access, rights of way and temporarystopping up plans drawing number 10-2574-GND-01-05-0062 sheet 2 of25) where crossed by the authorised development within the Order limits.Works plans drawing number 10-2574-GND-01-05-0032 (sheet 2 of 25)

East Riding ofYorkshire Council

For the purposes of Work No. 5C, Bankfield Lane private stone surfacedtrack (for information indicated as TX 8/1 on access, rights of way andtemporary stopping up plans drawing number 10-2574-GND-01-05-0063sheet 3 of 25) where crossed by the authorised development within theOrder limits.Works plans drawing number 10-2574-GND-01-05-0033 (sheet 3 of 25)

North YorkshireCounty Council, Selby

District Council

For the purposes of Work No. 5C, unmade path Scurff Cottages, DraxFootpath No. 35.26/13/1 / Newland Footpath No. 35.49/1/2 (for informationindicated on access, rights of way and temporary stopping up plans drawingnumber 10-2574-GND-01-05-0062 sheet 2 of 25) where crossed by theauthorised development within the Order limits.Works plans drawing number 10-2574-GND-01-05-0033 (sheet 3 of 25)

East Riding ofYorkshire Council

For the purposes of Work No. 5C, Gateland Field Lane unmade privatefarm track (for information indicated as TX 8/2 on access, rights of way andtemporary stopping up plans drawing number 10-2574-GND-01-05-0063sheet 3 of 25) where crossed by the authorised development within theOrder limits.Works plans drawing number 10-2574-GND-01-05-0033 (sheet 3 of 25)

(1)Area

(2)Street subject to street works

East Riding ofYorkshire Council

For the purposes of Work No. 5C, unnamed private unmade track prior toFields Drain (for information indicated as TX 8/3on access, rights of wayand temporary stopping up plans drawing number10-2574-GND-01-05-0063 sheet 3 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0033 (sheet 3 of 25)

North YorkshireCounty Council, Selby

District Council

For the purposes of Work No. 5C, unmade path Scurff Cottages, NewlandFootpath No.35.49/2/2 (for information indicated on access, rights of wayand temporary stopping up plans drawing number10-2574-GND-01-05-0062 sheet 2 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0033 (sheet 3 of 25)

East Riding ofYorkshire Council

For the purposes of Work No. 5C, unnamed private unmade track from FairField Farm (for information indicated as TX 8/4 on access, rights of wayand temporary stopping up plans drawing number10-2574-GND-01-05-0063 sheet 3 of 25) where crossed by the authoriseddevelopment within the Order limits.

North YorkshireCounty Council, Selby

District Council

For the purposes of Work No. 5C, Church Dike Lane, Drax (for informationtarmac road indicated as RDX 8/A and B on access, rights of way andtemporary stopping up plans drawing number 10-2574-GND-01-05-0062sheet 2 of 25) where crossed by the authorised development within theOrder limits.Works plans drawing number 10-2574-GND-01-05-0032 (sheet 2 of 25)

72

East Riding ofYorkshire Council

East Riding ofYorkshire Council

For the purposes of Work No. 5D, Asselby Footpath No.2 Side of MarshLane track (for information indicated on access, rights of way andtemporary stopping up plans drawing number 10-2574-GND-01-05-0064sheet 4 of 25) where crossed by the authorised development within theOrder limits.Works plans drawing number 10-2574-GND-01-05-0034 (sheet 4 of 25)

For the purposes of Work No. 5D, Barmby Road, Asselby (for informationtarmac road indicated as RDX 9/A and B on access, rights of way andtemporary stopping up plans drawing number 10-2574-GND-01-05-0063sheet 3 of 25) where crossed by the authorised development within theOrder limits.Works plans drawing number 10-2574-GND-01-05-0033 (sheet 3 of 25)

(1)Area

East Riding ofYorkshire Council

For the purposes of Work No. 5D, Asselby Footpath No.1 to Old DerwentDrain (for information indicated on access, rights of way and temporarystopping up plans drawing number 10-2574-GND-01-05-0064 sheet 4 of25) where crossed by the authorised development within the Order limits.Works plans drawing number 10-2574-GND-01-05-0034 (sheet 4 of 25)

East Riding ofYorkshire Council

East Riding ofYorkshire Council

East Riding ofYorkshire Council

For the purposes of Work No. 5D, unnamed private unmade track at theside of New Drain (for information indicated as TX 9/3 on access, rights ofway and temporary stopping up plans drawing number10-2574-GND-01-05-0064 sheet 4 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0034 (sheet 4 of 25)

For the purposes of Work No. 5D, unnamed private unmade farm tracknorth east of Mount Pleasant bungalow (for information indicated as TX 9/1on access, rights of way and temporary stopping up plans drawing number10-2574-GND-01-05-0064 sheet 4 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0034 (sheet 4 of 25)

For the purposes of Work No. 5C, unnamed private unmade track to RDX9,Barmby Road (for information indicated as TX 8/5 on access, rights of wayand temporary stopping up plans drawing number10-2574-GND-01-05-0063 sheet 3 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0033 (sheet 3 of 25)

East Riding ofYorkshire Council

For the purposes of Work No. 5E, A63 Hull Road, Newsholme (forinformation tarmac road indicated as RDX 10/A and B on access, rights ofway and temporary stopping up plans drawing number10-2574-GND-01-05-0064 sheet 4 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0034 (sheet 4 of 25)

Works plans drawing number 10-2574-GND-01-05-0033 (sheet 3 of 25)

East Riding ofYorkshire Council

East Riding ofYorkshire Council

For the purposes of Work No. 5E, Wressle Footpath No.10 to Park Farm(for information indicated on access, rights of way and temporary stopping

For the purposes of Work No. 5D, Marsh Lane private track (forinformation indicated as TX 9/2 on access, rights of way and temporarystopping up plans drawing number 10-2574-GND-01-05-0064 sheet 4 of25) where crossed by the authorised development within the Order limits.Works plans drawing number 10-2574-GND-01-05-0034 (sheet 4 of 25)

(2)Street subject to street works

73

East Riding ofYorkshire Council

East Riding ofYorkshire Council

For the purposes of Work No. 5G, B1228 Wood Lane, Brind (forinformation tarmac road indicated as RDX 12/A and B on access, rights ofway and temporary stopping up plans drawing number10-2574-GND-01-05-0065 sheet 5 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0035 (sheet 5 of 25)

For the purposes of Work No. 5E, Wressle Footpath No 8 (for informationindicated on access, rights of way and temporary stopping up plans drawingnumber 10-2574-GND-01-05-0065 sheet 5 of 25) where crossed by theauthorised development within the Order limits.Works plans drawing number 10-2574-GND-01-05-0035 (sheet 5 of 25)

(1)Area

East Riding ofYorkshire Council

For the purposes of Work No. 5G, Eastrington Bridleway No. 17 (westernend of Featherbed Lane) (for information indicated on access, rights of wayand temporary stopping up plans drawing number10-2574-GND-01-05-0066 sheet 6 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0036 (sheet 6 of 25)

East Riding ofYorkshire Council

East Riding ofYorkshire Council

East Riding ofYorkshire Council

For the purposes of Work No. 5G, Featherbed Lane unmade private track(western end of Featherbed Lane) (for information indicated as TX 12/1onaccess, rights of way and temporary stopping up plans drawing number10-2574-GND-01-05-0066 sheet 6 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0036 (sheet 6 of 25)

For the purposes of Work No. 5E, Wressle Footpath No 7 (for informationindicated on access, rights of way and temporary stopping up plans drawingnumber 10-2574-GND-01-05-0065 sheet 5 of 25) where crossed by theauthorised development within the Order limits.Works plans drawing number 10-2574-GND-01-05-0035 (sheet 5 of 25)

For the purposes of Work No. 5E, Wressle Footpath No 6 (for informationindicated on access, rights of way and temporary stopping up plans drawingnumber 10-2574-GND-01-05-0065 sheet 5 of 25) where crossed by theauthorised development within the Order limits.Works plans drawing number 10-2574-GND-01-05-0035 (sheet 5 of 25)

East Riding ofYorkshire Council

For the purposes of Work No. 5G, Featherbed Lane unmade private track(eastern end of Featherbed Lane) (for information indicated as TX 12/2on access, rights of way and temporary stopping up plans drawing number10-2574-GND-01-05-0066 sheet 6 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0036 (sheet 6 of 25)

up plans drawing number 10-2574-GND-01-05-0064 sheet 4 of 25) wherecrossed by the authorised development within the Order limits.Works plans drawing number 10-2574-GND-01-05-0034 (sheet 4 of 25)

East Riding ofYorkshire Council

East Riding of For the purposes of Work No. 5G, Eastrington Bridleway No. 17 (eastern

For the purposes of Work No. 5F, Brind Lane, Brind (for informationtarmac road indicated as RDX 11/A and B on access, rights of way andtemporary stopping up plans drawing number 10-2574-GND-01-05-0065sheet 5 of 25) where crossed by the authorised development within theOrder limits.Works plans drawing number 10-2574-GND-01-05-0035 (sheet 5 of 25)

(2)Street subject to street works

74

East Riding ofYorkshire Council

For the purposes of Work No. 5H, Spaldington Footpath No.12 -Combined with TX 13/2 (for information indicated on access, rights of wayand temporary stopping up plans drawing number10-2574-GND-01-05-0067 sheet 7 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0037 (sheet 7 of 25)

Yorkshire Council end of Featherbed Lane) (for information indicated on access, rights of wayand temporary stopping up plans drawing number10-2574-GND-01-05-0066 sheet 6 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0036 (sheet 6 of 25)

East Riding ofYorkshire Council

For the purposes of Work No. 5H, unnamed private unmade track to SikesFarm (for information indicated as TX 13/3 on access, rights of way andtemporary stopping up plans drawing number 10-2574-GND-01-05-0067sheet 7 of 25) where crossed by the authorised development within theOrder limits.Works plans drawing number 10-2574-GND-01-05-0037 (sheet 7 of 25)

East Riding ofYorkshire Council

For the purposes of Work No. 5H, unnamed private unmade farm track toChestnut farm (for information indicated as TX 13/1 on access, rights ofway and temporary stopping up plans drawing number10-2574-GND-01-05-0067 sheet 7 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0037 (sheet 7 of 25)

East Riding ofYorkshire Council

For the purposes of Work No. 5H, unnamed private unmade track toWelham Bridge Farm (for information indicated as TX 13/4 on access,rights of way and temporary stopping up plans drawing number10-2574-GND-01-05-0067 sheet 7 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0037 (sheet 7 of 25)

(1)Area

(2)Street subject to street works

East Riding ofYorkshire Council

For the purposes of Work No. 5I, Bursea Lane, Holme Upon SpaldingMoor (for information tarmac road indicated as RDX 14/A and B on access,rights of way and temporary stopping up plans drawing number10-2574-GND-01-05-0068 sheet 8 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0038 (sheet 8 of 25)

East Riding ofYorkshire Council

For the purposes of Work No. 5H, unnamed private unmade track toTaynton Lodge (for information indicated as TX 13/2 on access, rights ofway and temporary stopping up plans drawing number10-2574-GND-01-05-0067 sheet 7 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0037 (sheet 7 of 25)

East Riding ofYorkshire Council

For the purposes of Work No. 5J, Drain Lane, Holme Upon Spalding Moor(for information tarmac road indicated as RDX 15/A and B on access, rightsof way and temporary stopping up plans drawing number

East Riding ofYorkshire Council

For the purposes of Work No. 5H, A614 Holme Road, Spaldington (forinformation tarmac road indicated as RDX 13/A and B on access, rights ofway and temporary stopping up plans drawing number10-2574-GND-01-05-0067 sheet 7 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0037 (sheet 7 of 25)

75

East Riding ofYorkshire Council

(2)Street subject to street works

East Riding ofYorkshire Council

East Riding ofYorkshire Council

For the purposes of Work No. 8D, unnamed private unmade farm track toTop Cottages (for information indicated as TX 18/1 on access, rights of wayand temporary stopping up plans drawing number10-2574-GND-01-05-0070 sheet 10 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0040 (sheet 10 of 25)

For the purposes of Work No. 8C, Lock Lane, Holme Upon Spalding Moor(for information tarmac road indicated as RDX 17/A and B on access, rightsof way and temporary stopping up plans drawing number10-2574-GND-01-05-0069 sheet 9 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0039 (sheet 9 of 25)

(1)Area

East Riding ofYorkshire Council

For the purposes of Work No. 8D, Unnamed private unmade track fromLong Lane to Bellsbeck Farm (for information indicated as TX 18/2 onaccess, rights of way and temporary stopping up plans drawing number10-2574-GND-01-05-0070 sheet 10 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0040 (sheet 10 of 25)

East Riding ofYorkshire Council

East Riding ofYorkshire Council

East Riding ofYorkshire Council

For the purposes of Work No. 8E, Cliffe Road, Market Weighton (forinformation tarmac road indicated as RDX 19/A and B on access, rights ofway and temporary stopping up plans drawing number10-2574-GND-01-05-0071 sheet 11 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0041 (sheet 11 of 25)

For the purposes of Work No. 8C, unnamed private unmade track to theside of Market Weighton Canal (for information indicated as TX 17/1 onaccess, rights of way and temporary stopping up plans drawing number10-2574-GND-01-05-0069 sheet 9 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0039 (sheet 9 of 25)

For the purposes of Work No. 8B, Skiff Lane, Holme Upon Spalding Moor(for information tarmac road indicated as RDX 16/A and B on access, rightsof way and temporary stopping up plans drawing number10-2574-GND-01-05-0069 sheet 9 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0039 (sheet 9 of 25)

East Riding ofYorkshire Council

For the purposes of Work No. 8E, Market Weighton Footpath No 11,between Market Weighton Canal and Back Delfin Drain (for informationindicated on access, rights of way and temporary stopping up plans drawingnumber 10-2574-GND-01-05-0071 sheet 11 of 25) where crossed by theauthorised development within the Order limits.

10-2574-GND-01-05-0068 sheet 8 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0038 (sheet 8 of 25)

East Riding ofYorkshire Council

76

For the purposes of Work No. 8D, Sand Lane, North Cliffe (for informationtarmac road indicated as RDX 18/A and B on access, rights of way andtemporary stopping up plans drawing number 10-2574-GND-01-05-0070sheet 10 of 25) where crossed by the authorised development within theOrder limits.Works plans drawing number 10-2574-GND-01-05-0040 (sheet 10 of 25)

East Riding ofYorkshire Council

For the purposes of Work No. 8G, unnamed private unmade farm track toWold House Farm (for information indicated as TX 21/1 on access, rightsof way and temporary stopping up plans drawing number10-2574-GND-01-05-0072 sheet 12 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0042 (sheet 12 of 25)

For the purposes of Work No. 8F, A1034 Sancton Road, Market Weighton(for information tarmac road indicated as RDX 20/A and B on access, rightsof way and temporary stopping up plans drawing number10-2574-GND-01-05-0072 sheet 12 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0042 (sheet 12 of 25)

(1)Area

East Riding ofYorkshire Council

For the purposes of Work No. 8G, Goodmanham Footpath No. 6 (forinformation indicated on access, rights of way and temporary stopping upplans drawing number 10-2574-GND-01-05-0072 sheet 12 of 25) wherecrossed by the authorised development within the Order limits.Works plans drawing number 10-2574-GND-01-05-0042 (sheet 12 of 25)

East Riding ofYorkshire Council

East Riding ofYorkshire Council

East Riding ofYorkshire Council

For the purposes of Work No. 8H, Kiplingcotes Lane, Market Weighton(for information tarmac road indicated as RDX 22/A and B on access, rightsof way and temporary stopping up plans drawing number10-2574-GND-01-05-0073 sheet 13 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0043 (sheet 13 of 25)

For the purposes of Work No. 8F, unnamed private unmade farm track toWeighton Wold House (for information indicated as TX 20/1 on access,rights of way and temporary stopping up plans drawing number10-2574-GND-01-05-0072 sheet 12 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0042 (sheet 12 of 25)

For the purposes of Work No. 8E, unnamed private unmade farm trackfrom Cliffe Road by the side of the reservoir (for information indicated asTX 19/1 on access, rights of way and temporary stopping up plans drawingnumber 10-2574-GND-01-05-0071 sheet 11 of 25) where crossed by theauthorised development within the Order limits.Works plans drawing number 10-2574-GND-01-05-0041 (sheet 11 of 25)

East Riding ofYorkshire Council

For the purposes of Work No. 8H, Etton Bridleway No. 5 Hudson Way (forinformation indicated on access, rights of way and temporary stopping upplans drawing number 10-2574-GND-01-05-0073 sheet 13 of 25) wherecrossed by the authorised development within the Order limits.Works plans drawing number 10-2574-GND-01-05-0043 (sheet 13 of 25)

Works plans drawing number 10-2574-GND-01-05-0041 (sheet 11 of 25)

East Riding ofYorkshire Council

East Riding ofYorkshire Council

For the purposes of Work No. 8I, Kiplingcotes Road, Etton (forinformation tarmac road indicated as RDX 23/A and B on access, rights of

For the purposes of Work No. 8G, A1079 Arras Hill, Market Weighton (forinformation tarmac road indicated as RDX 21/A and B on access, rights ofway and temporary stopping up plans drawing number10-2574-GND-01-05-0072 sheet 12 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0042 (sheet 12 of 25)

(2)Street subject to street works

77

East Riding ofYorkshire Council

For the purposes of Work No. 8L, Holme Wold Road, Holme on the Wolds(for information tarmac road indicated as RDX 26/A and B on access, rightsof way and temporary stopping up plans drawing number10-2574-GND-01-05-0075 sheet 15 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0045 (sheet 15 of 25)

way and temporary stopping up plans drawing number10-2574-GND-01-05-0074 sheet 14 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0044 (sheet 14 of 25)

East Riding ofYorkshire Council

For the purposes of Work No. 10A, Lund Footpath No. 2 path from LundWold Road to Bulmer’s Triangle (for information indicated on access,rights of way and temporary stopping up plans drawing number10-2574-GND-01-05-0075 sheet 15 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0045 (sheet 15 of 25)

East Riding ofYorkshire Council

For the purposes of Work No. 8K, Park Road, South Dalton (forinformation tarmac road indicated as RDX 25/A and B on access, rights ofway and temporary stopping up plans drawing number10-2574-GND-01-05-0074 sheet 14 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0044 (sheet 14 of 25)

East Riding ofYorkshire Council

For the purposes of Work No. 10B, Lund Wold Road, Lund (forinformation tarmac road indicated as RDX 27/A and B on access, rights ofway and temporary stopping up plans drawing number10-2574-GND-01-05-0076 sheet 16 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0046 (sheet 16 of 25)

(1)Area

(2)Street subject to street works

East Riding ofYorkshire Council

For the purposes of Work No. 10C, Middleton Road, Lund (for informationtarmac road indicated as RDX 28/A and B on access, rights of way andtemporary stopping up plans drawing number 10-2574-GND-01-05-0076sheet 16 of 25) where crossed by the authorised development within theOrder limits.Works plans drawing number 10-2574-GND-01-05-0046 (sheet 16 of 25)

East Riding ofYorkshire Council

For the purposes of Work No. 8K, unnamed private unmade farm track (forinformation indicated as TX 25/1 on access, rights of way and temporarystopping up plans drawing number 10-2574-GND-01-05-0075 sheet 15 of25) where crossed by the authorised development within the Order limits.Works plans drawing number 10-2574-GND-01-05-0045 (sheet 15 of 25)

East Riding ofYorkshire Council

For the purposes of Work No. 10D, B1248 Lund Road, Middleton on theWolds (for information tarmac road indicated as RDX 29/A and B onaccess, rights of way and temporary stopping up plans drawing number10-2574-GND-01-05-0076 sheet 16 of 25) where crossed by the authoriseddevelopment within the Order limits.

East Riding ofYorkshire Council

For the purposes of Work No. 8J, Kiplingcotes Racecourse Road, Etton (forinformation tarmac road indicated as RDX 24/A and B on access, rights ofway and temporary stopping up plans drawing number10-2574-GND-01-05-0074 sheet 14 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0044 (sheet 14 of 25)

78

East Riding ofYorkshire Council

East Riding ofYorkshire Council

For the purposes of Work No. 10F, unnamed Road from Bracken Lane toBurnbutts Lane, Watton (for information tarmac road indicated as RDX31/A and B on access, rights of way and temporary stopping up plansdrawing number 10-2574-GND-01-05-0077 sheet 17 of 25) where crossedby the authorised development within the Order limits.Works plans drawing number 10-2574-GND-01-05-0047 (sheet 17 of 25)

For the purposes of Work No. 10E, Walton Footpath No 2 (for informationindicated on access, rights of way and temporary stopping up plans drawingnumber 10-2574-GND-01-05-0077 sheet 17 of 25) where crossed by theauthorised development within the Order limits.Works plans drawing number 10-2574-GND-01-05-0047 (sheet 17 of 25)

(1)Area

East Riding ofYorkshire Council

For the purposes of Work No. 10G, Burnbutts Lane, Hutton Cranswick (forinformation tarmac road indicated as RDX 32/A and B on access, rights ofway and temporary stopping up plans drawing number10-2574-GND-01-05-0077 sheet 17 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0047 (sheet 17 of 25)

East Riding ofYorkshire Council

East Riding ofYorkshire Council

East Riding ofYorkshire Council

For the purposes of Work No. 10G, Hutton Cranswick Footpath No. 12 toBustardnest Fox Covert (for information indicated on access, rights of wayand temporary stopping up plans drawing number10-2574-GND-01-05-0078 sheet 18 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0048 (sheet 18 of 25)

For the purposes of Work No. 10E, unnamed private unmade track(for information indicated as TX 30/1 on access, rights of way andtemporary stopping up plans drawing number 10-2574-GND-01-05-0077sheet 17 of 25) where crossed by the authorised development within theOrder limits.Works plans drawing number 10-2574-GND-01-05-0047 (sheet 17 of 25)

For the purposes of Work No. 10E, Middleton Road, Kilnwick (forinformation tarmac road indicated as RDX 30/A and B on access, rights ofway and temporary stopping up plans drawing number10-2574-GND-01-05-0077 sheet 17 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0047 (sheet 17 of 25)

East Riding ofYorkshire Council

For the purposes of Work No. 10G, Hutton Cranswick Footpath No. 11 toBustardnest Fox Covert (for information indicated on access, rights of wayand temporary stopping up plans drawing number10-2574-GND-01-05-0078 sheet 18 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0048 (sheet 18 of 25)

Works plans drawing number 10-2574-GND-01-05-0046 (sheet 16 of 25)

East Riding ofYorkshire Council

East Riding ofYorkshire Council

For the purposes of Work No. 10H, Southburn Road, Hutton Cranswick(for information tarmac road indicated as RDX 33/A and B on access, rights

For the purposes of Work No. 10E, Walton Footpath No 20 (forinformation indicated on access, rights of way and temporary stopping upplans drawing number 10-2574-GND-01-05-0077 sheet 17 of 25) wherecrossed by the authorised development within the Order limits.Works plans drawing number 10-2574-GND-01-05-0047 (sheet 17 of 25)

(2)Street subject to street works

79

East Riding ofYorkshire Council

For the purposes of Work No. 10K, Ricklepits, Skerne (for informationtarmac road indicated as RDX 36/A and B on access, rights of way andtemporary stopping up plans drawing number 10-2574-GND-01-05-0079sheet 19 of 25) where crossed by the authorised development within theOrder limits.Works plans drawing number 10-2574-GND-01-05-0049 (sheet 19 of 25)

of way and temporary stopping up plans drawing number10-2574-GND-01-05-0079 sheet 19 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0049 (sheet 19 of 25)

East Riding ofYorkshire Council

For the purposes of Work No. 10K, unnamed private unmade farm track toChurch Farm (for information indicated as TX 36/1 on access, rights of wayand temporary stopping up plans drawing number10-2574-GND-01-05-0080 sheet 20 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0050 (sheet 20 of 25)

East Riding ofYorkshire Council

For the purposes of Work No. 10J, Jenkinson Lane, Hutton (for informationtarmac road indicated as RDX 35/A and B on access, rights of way andtemporary stopping up plans drawing number 10-2574-GND-01-05-0079sheet 19 of 25) where crossed by the authorised development within theOrder limits.Works plans drawing number 10-2574-GND-01-05-0049 (sheet 19 of 25)

East Riding ofYorkshire Council

For the purposes of Work No. 13A, unnamed private unmade farm track toCooper Hall (for information indicated as TX 36/2 on access, rights of wayand temporary stopping up plans drawing number10-2574-GND-01-05-0080 sheet 20 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0050 (sheet 20 of 25)

(1)Area

(2)Street subject to street works

East Riding ofYorkshire Council

For the purposes of Work No. 13A, Skerne and Wansford Bridleway No. 7to Cooper Hall (for information indicated on access, rights of way andtemporary stopping up plans drawing number 10-2574-GND-01-05-0080sheet 20 of 25) where crossed by the authorised development within theOrder limits.Works plans drawing number 10-2574-GND-01-05-0050 (sheet 20 of 25)

East Riding ofYorkshire Council

For the purposes of Work No. 10J, Hutton Cranswick Footpath No.18 at theside of Northfield Beck (for information indicated on access, rights of wayand temporary stopping up plans drawing number10-2574-GND-01-05-0079 sheet 19 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0049 (sheet 19 of 25)

East Riding ofYorkshire Council

For the purposes of Work No. 13A, Skerne and Wansford Bridleway andFootpath No. 9 south of River Hull (for information indicated on access,rights of way and temporary stopping up plans drawing number10-2574-GND-01-05-0081 sheet 21 of 25) where crossed by the authoriseddevelopment within the Order limits.

East Riding ofYorkshire Council

For the purposes of Work No. 10I, A164 Beverley Road, Hutton Cranswick(for information tarmac road indicated as RDX 34/A and B on access, rightsof way and temporary stopping up plans drawing number10-2574-GND-01-05-0079 sheet 19 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0049 (sheet 19 of 25)

80

East Riding ofYorkshire Council

East Riding ofYorkshire Council

For the purposes of Work No. 13C, Main Street, Great Kelk (forinformation tarmac road indicated as RDX 38/A and B on access, rights ofway and temporary stopping up plans drawing number10-2574-GND-01-05-0082 sheet 22 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0052 (sheet 22 of 25)

For the purposes of Work No. 13B, unnamed private unmade track west ofWhite Dike (for information indicated as TX 37/1 on access, rights of wayand temporary stopping up plans drawing number10-2574-GND-01-05-0081 sheet 21 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0051 (sheet 21 of 25)

(1)Area

East Riding ofYorkshire Council

For the purposes of Work No. 13C, Foston on the Wolds Footpath No.11(for information indicated on access, rights of way and temporary stoppingup plans drawing number 10-2574-GND-01-05-0082 sheet 22 of 25) wherecrossed by the authorised development within the Order limits.Works plans drawing number 10-2574-GND-01-05-0052 (sheet 22 of 25)

East Riding ofYorkshire Council

East Riding ofYorkshire Council

East Riding ofYorkshire Council

For the purposes of Work No. 13C, unnamed private unmade track toGransmoor Quarry (for information indicated as TX 38/1 on access, rightsof way and temporary stopping up plans drawing number10-2574-GND-01-05-0082 sheet 22 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0052 (sheet 22 of 25)

For the purposes of Work No. 13B, unnamed private track to SouthCattleholmes (for information indicated as TX 37/2 on access, rights of wayand temporary stopping up plans drawing number10-2574-GND-01-05-0081 sheet 21 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0051 (sheet 21 of 25)

For the purposes of Work No. 13B, B1249 Frodingham Road, Wansford(for information tarmac road indicated as RDX 37/A and B on access, rightsof way and temporary stopping up plans drawing number10-2574-GND-01-05-0081 sheet 21 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0051 (sheet 21 of 25)

East Riding ofYorkshire Council

For the purposes of Work No. 13C, unnamed private unmade track toManor Farm (for information indicated as TX 38/2 on access, rights of wayand temporary stopping up plans drawing number10-2574-GND-01-05-0083 sheet 23 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0053 (sheet 23 of 25)

Works plans drawing number 10-2574-GND-01-05-0051 (sheet 21 of 25)

East Riding ofYorkshire Council

East Riding of For the purposes of Work No. 13D, Gransmoor Road, Gransmoor (for

For the purposes of Work No. 13B, unnamed private track South ofMarkham Dale (for information indicated as TX 37/3 on access, rights ofway and temporary stopping up plans drawing number10-2574-GND-01-05-0082 sheet 22 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0052 (sheet 22 of 25)

(2)Street subject to street works

81

East Riding ofYorkshire Council

(2)Street subject to street works

East Riding ofYorkshire Council

For the purposes of Work No. 13E, Barmston Footpath No.2 (forinformation indicated on access, rights of way and temporary stopping upplans drawing number 10-2574-GND-01-05-0085 sheet 25 of 25) wherecrossed by the authorised development within the Order limits.Works plans drawing number 10-2574-GND-01-05-0055 (sheet 25 of 25)

East Riding ofYorkshire Council

For the purposes of Work No. 13D, unnamed private unmade track tofishing pond (for information indicated as TX 39/1 on access, rights of wayand temporary stopping up plans drawing number10-2574-GND-01-05-0085 sheet 25 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0055 (sheet 25 of 25)

East Riding ofYorkshire Council

For the purposes of Work No. 13E, Barmston Footpath No.3 (forinformation indicated on access, rights of way and temporary stopping upplans drawing number 10-2574-GND-01-05-0085 sheet 25 of 25) wherecrossed by the authorised development within the Order limits.Works plans drawing number 10-2574-GND-01-05-0055 (sheet 25 of 25)

Yorkshire Council information tarmac road indicated as RDX 39/A and B on access, rights ofway and temporary stopping up plans drawing number10-2574-GND-01-05-0083 sheet 23 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0053 (sheet 23 of 25)

East Riding ofYorkshire Council

For the purposes of Work No. 15A, Barmston Footpath No.4 (forinformation indicated on access, rights of way and temporary stopping upplans drawing number 10-2574-GND-01-05-0085 sheet 25 of 25) wherecrossed by the authorised development within the Order limits.Works plans drawing number 10-2574-GND-01-05-0055 (sheet 25 of 25)

East Riding ofYorkshire Council

For the purposes of Work No. 13E, A165 Bridlington Road, Barmston (forinformation tarmac road indicated as RDX 40/A and B on access, rights ofway and temporary stopping up plans drawing number10-2574-GND-01-05-0085 sheet 25 of 25) where crossed by the authoriseddevelopment within the Order limits.Works plans drawing number 10-2574-GND-01-05-0055 (sheet 25 of 25)

82

(1)Area

Pear Tree Avenue,Long Drax

Temporary construction accessAt RDX 1/A and B shown on access, rights of wayand temporary stopping up plan drawing number10-2574-GND-01-05-0061 (Sheet 1 of 25) thecreation of a temporary bellmouth access on eachside of the road, with sufficient size toaccommodate a low loader comprising a temporaryalteration of the roadside verge on each side of theroad.

SCHEDULE 5 Article 11

STREETS SUBJECT TO ALTERATION OF LAYOUT

PART 1

STREETS SUBJECT TO TEMPORARY ALTERATION OF LAYOUT

(1)Area

North YorkshireCounty CouncilSelby District Council

Carr Lane, LongDrax

Temporary construction accessAt RDX 2/A and B shown on access, rights of wayand temporary stopping up plan drawing number10-2574-GND-01-05-0061 (Sheet 1 of 25) thecreation of a temporary bellmouth access on eachside of the road, with sufficient size toaccommodate a low loader comprising a temporaryalteration of the roadside verge and the temporaryfluming of the ditch on each side of the road.

North YorkshireCounty CouncilSelby District Council

New Road, LongDrax

North YorkshireCounty CouncilSelby District Council

Main Road, LongDrax

Temporary construction accessAt RDX 3/A and B shown on access, rights of wayand temporary stopping up plan drawing number10-2574-GND-01-05-0061 (Sheet 1 of 25) thecreation of a temporary bellmouth access on eachside of the road, with sufficient size toaccommodate a low loader comprising a temporaryalteration of the roadside verge on each side of the

Temporary construction accessAt RDX 0/A shown on access, rights of way andtemporary stopping up plan drawing number10-2574-GND-01-05-0061 (Sheet 1 of 25) thewidening of an existing bellmouth access to createa temporary access with sufficient size toaccommodate large articulated vehicle (15.4mlength) comprising an alteration of the splay,hedgeline and verge on the north western side andreinforcement of verge on south eastern side ofNew Road approximately 150 metres from thejunction with Pear Tree Avenue. As depicted indrawing no. 10-2574-PLN-01-1044 and10-2574-PLN-01-1054.

(2)Street subject to

alteration of layout

(3)Description of alteration

83

North YorkshireCounty CouncilSelby District Council

(3)Description of alteration

North YorkshireCounty CouncilSelby District Council

A645, Drax Temporary construction accessAt RDX 6+7/A and B shown on access, rights ofway and temporary stopping up plan drawingnumber 10-2574-GND-01-05-0062 (Sheet 2 of 25)the creation of a temporary bellmouth access oneach side of the road, with sufficient size toaccommodate a low loader comprising a temporaryalteration of the kerb line and roadside verge oneach side of the road.

North YorkshireCounty CouncilSelby District Council

Church Dike Lane,Drax

North YorkshireCounty CouncilSelby District Council

Church Dike Lane,Drax

Temporary construction accessAt RDX 8/A and B shown on access, rights of wayand temporary stopping up plan drawing number10-2574-GND-01-05-0062 (Sheet 2 of 25) thecreation of a temporary bellmouth access on eachside of the road, with sufficient size toaccommodate a low loader comprising a temporaryalteration of the roadside verge on each side of theroad and the temporary fluming of the ditch on thenorthern side of the road (RDX 8/B).

Temporary construction accessAt RDX 4/A and B shown on access, rights of wayand temporary stopping up plan drawing number10-2574-GND-01-05-0062 (Sheet 2 of 25) thecreation of a temporary bellmouth access on eachside of the road, with sufficient size toaccommodate a low loader comprising a temporaryalteration of the roadside verge on each side of theroad and the temporary fluming of the ditch on thenorthern side of the road (RDX4/A).

(1)Area

East Riding ofYorkshire Council

Barmby Road,Asselby

Temporary construction accessAt RDX 9/A and B shown on access, rights of wayand temporary stopping up plan drawing number10-2574-GND-01-05-0063 (Sheet 3 of 25) thecreation of a temporary bellmouth access on eachside of the road, with sufficient size toaccommodate a low loader omprising a temporaryalteration of the roadside verge on each side of theroad.

road and the temporary fluming of the ditch on thewestern side of the road (RDX3A).

North YorkshireCounty CouncilSelby District Council

East Riding ofYorkshire Council

A63 Hull Road,Newsholme

Temporary construction accessAt RDX 10/A and B shown on access, rights of

Brickhill Lane, Drax Temporary construction accessAt RDX 5/A and B shown on access, rights of wayand temporary stopping up plan drawing number10-2574-GND-01-05-0062 (Sheet 2 of 25) thecreation of a temporary bellmouth access on eachside of the road, with sufficient size toaccommodate a low loader comprising a temporaryalteration of the roadside verge on each side of theroad and the temporary fluming of the ditch on theeastern side of the road (RDX 5/A).

84

(2)Street subject to

alteration of layout

B1228 Wood Lane,Brind

Temporary construction accessAt RDX 12/A and B shown on access, rights ofway and temporary stopping up plan drawingnumber 10-2574-GND-01-05-0065 (Sheet 5 of 25)the creation of a temporary bellmouth access oneach side of the road, with sufficient size toaccommodate a low loader comprising a temporaryalteration of the roadside verge on each side of theroad and the temporary fluming of the ditch on thewestern side of the road (RDX 12/A).

way and temporary stopping up plan drawingnumber 10-2574-GND-01-05-0064 (Sheet 4 of 25)the creation of a temporary bellmouth access oneach side of the road, with sufficient size toaccommodate a low loader comprising a temporaryalteration of the kerb line and roadside verge oneach side of the road.

(1)Area

East Riding ofYorkshire Council

A614 Holme Road,Spaldington

Temporary construction accessAt RDX 13/A and B shown on access, rights ofway and temporary stopping up plan drawingnumber 10-2574-GND-01-05-0067 (Sheet 7 of 25)the creation of a temporary bellmouth access oneach side of the road, with sufficient size toaccommodate a low loader comprising a temporaryalteration of the roadside verge and the temporaryfluming the ditch on each side of the road.

(2)Street subject to

alteration of layout

East Riding ofYorkshire Council

East Riding ofYorkshire Council

Bursea Lane, HolmeUpon Spalding

Moor

Temporary construction accessAt RDX 14/A and B shown on access, rights ofway and temporary stopping up plan drawingnumber 10-2574-GND-01-05-0068 (Sheet 8 of 25)the creation of a temporary bellmouth access oneach side of the road, with sufficient size toaccommodate a low loader comprising a temporaryalteration of the roadside verge on each side of theroad and the temporary fluming the ditch on thenorth-eastern side of the road (RDX 14/B).

Brind Lane, Brind Temporary construction accessAt RDX 11/A and B shown on access, rights ofway and temporary stopping up plan drawingnumber 10-2574-GND-01-05-0065 (Sheet 5 of 25)the creation of a temporary bellmouth access oneach side of the road, with sufficient size toaccommodate a low loader comprising a temporaryalteration of the roadside verge and the temporaryfluming of the ditch on each side of the road.

East Riding ofYorkshire Council

Drain Lane, HolmeUpon Spalding

Moor

Temporary construction accessAt RDX 15/A and B shown on access, rights ofway and temporary stopping up plan drawingnumber 10-2574-GND-01-05-0068 (Sheet 8 of 25)the creation of a temporary bellmouth access oneach side of the road, with sufficient size toaccommodate a low loader comprising a temporaryalteration of the roadside verge on each side of the

(3)Description of alteration

85

East Riding ofYorkshire Council

(3)Description of alteration

East Riding ofYorkshire Council

Sand Lane, NorthCliffe

Temporary construction accessAt RDX 18/A and B shown on access, rights ofway and temporary stopping up plan drawingnumber 10-2574-GND-01-05-0070 (Sheet 10 of25) the creation of a temporary bellmouth access oneach side of the road, with sufficient size toaccommodate a low loader comprising a temporaryalteration of the roadside verge on each side of theroad.

East Riding ofYorkshire Council

Skiff Lane, HolmeUpon Spalding

Moor

East Riding ofYorkshire Council

Cliffe Road, MarketWeighton

Temporary construction accessAt RDX 19/A and B shown on Access, Rights ofWay and Temporary Stopping Up Plan drawingnumber 10-2574-GND-01-05-0071 (Sheet 11 of25) the creation of a temporary bellmouth access oneach side of the road, with sufficient size toaccommodate a low loader comprising a temporaryalteration of the roadside verge on each side of theroad and the temporary fluming the ditch on theeastern side of the road (RDX 19/B).

Temporary construction accessAt RDX 16/A and B shown on access, rights ofway and temporary stopping up plan drawingnumber 10-2574-GND-01-05-0069 (Sheet 9 of 25)the creation of a temporary bellmouth access oneach side of the road, with sufficient size toaccommodate a low loader comprising a temporaryalteration of the roadside verge on each side of theroad.

(1)Area

East Riding ofYorkshire Council

A1034 SanctonRoad, Market

Weighton

Temporary construction accessAt RDX 20/A and B shown on access, rights ofway and temporary stopping up plan drawingnumber 10-2574-GND-01-05-0072 (Sheet 12 of25) the creation of a temporary bellmouth access oneach side of the road, with sufficient size toaccommodate a low loader comprising a temporaryalteration of the roadside verge on each side of theroad, and the tarmac pavement on the north-easternside of the road (RDX 20/B).

road and the temporary fluming the ditch on thenorth-eastern side of the road (RDX 15/B).

East Riding ofYorkshire Council

East Riding ofYorkshire Council

A1079 Arras Hill,Market Weighton

Temporary construction accessAt RDX 21/A and B shown on access, rights of

Lock Lane, HolmeUpon Spalding

Moor

Temporary construction accessAt RDX 17/A and B shown on access, rights ofway and temporary stopping up plan drawingnumber 10-2574-GND-01-05-0069 (Sheet 9 of 25)the creation of a temporary bellmouth access oneach side of the road, with sufficient size toaccommodate a low loader comprising a temporaryalteration of the roadside verge on each side of theroad and the temporary fluming the ditch on thesouthern side of the road (RDX 17/A).

86

(2)Street subject to

alteration of layout

Temporary construction accessAt RDX 23/A and B shown on access, rights ofway and temporary stopping up plan drawingnumber 10-2574-GND-01-05-0074 (Sheet 14 of25) the creation of a temporary bellmouth access oneach side of the road, with sufficient size toaccommodate a low loader comprising a temporaryalteration of the roadside verge on each side of theroad.

(2)Street subject to

alteration of layout

(3)Description of alteration

East Riding ofYorkshire Council

KiplingcotesRacecourse Road,

Etton

Temporary construction accessAt RDX 24/A and B shown on access, rights ofway and temporary stopping up plan drawingnumber 10-2574-GND-01-05-0074 (Sheet 14 of25) the creation of a temporary bellmouth access oneach side of the road, with sufficient size toaccommodate a low loader comprising a temporaryalteration of the roadside verge on each side of theroad.

East Riding ofYorkshire Council

Kiplingcotes Lane,Market Weighton

East Riding ofYorkshire Council

Park Road, SouthDalton

Temporary construction accessAt RDX 25/A and B shown on access, rights ofway and temporary stopping up plan drawingnumber 10-2574-GND-01-05-0074 (Sheet 14 of25) the creation of a temporary bellmouth access oneach side of the road, with sufficient size toaccommodate a low loader comprising a temporaryalteration of the roadside verge on each side of theroad.

Temporary construction accessAt RDX 22/A and B shown on access, rights ofway and temporary stopping up plan drawingnumber 10-2574-GND-01-05-0073 (Sheet 13 of25) the creation of a temporary bellmouth access oneach side of the road, with sufficient size toaccommodate a low loader comprising a temporaryalteration of the roadside verge on each side of theroad.

(1)Area

East Riding ofYorkshire Council

Holme Wold Road,Holme on the Wolds

Temporary construction accessAt RDX 26/A and B shown on access, rights ofway and temporary stopping up plan drawingnumber 10-2574-GND-01-05-0075 (Sheet 15 of25) the creation of a temporary bellmouth access oneach side of the road, with sufficient size toaccommodate a low loader comprising a temporaryalteration of the roadside verge on each side of theroad.

way and temporary stopping up plan drawingnumber 10-2574-GND-01-05-0072 (Sheet 12 of25) the creation of a temporary bellmouth access oneach side of the road, with sufficient size toaccommodate a low loader comprising a temporaryalteration of the kerb line and roadside verge oneach side of the road.

East Riding ofYorkshire Council

87

Kiplingcotes Road,Etton

East Riding ofYorkshire Council

B1248 Lund Road,Middleton on the

Wolds

Temporary construction accessAt RDX 29/A and B shown on access, rights ofway and temporary stopping up plan drawingnumber 10-2574-GND-01-05-0076 (Sheet 16 of25) the creation of a temporary bellmouth access oneach side of the road, with sufficient size toaccommodate a low loader comprising a temporaryalteration of the roadside verge on each side of theroad.

Lund Wold Road,Lund

Temporary construction accessAt RDX 27/A and B shown on access, rights ofway and temporary stopping up plan drawingnumber 10-2574-GND-01-05-0076 (Sheet 16 of25) the creation of a temporary bellmouth access oneach side of the road, with sufficient size toaccommodate a low loader comprising a temporaryalteration of the roadside verge on each side of theroad.

East Riding ofYorkshire Council

Middleton Road,Kilnwick

Temporary construction accessAt RDX 30/A and B shown on access, rights ofway and temporary stopping up plan drawingnumber 10-2574-GND-01-05-0077 (Sheet 17 of25) the creation of a temporary bellmouth access oneach side of the road, with sufficient size toaccommodate a low loader comprising a temporaryalteration of the roadside verge on each side of theroad.

(3)Description of alteration

(1)Area

East Riding ofYorkshire Council

Unnamed Roadfrom Bracken Laneto Burnbutts Lane,

Watton

Temporary construction accessAt RDX 31/A and B shown on access, rights ofway and temporary stopping up plan drawingnumber 10-2574-GND-01-05-0077 (Sheet 17 of25) the creation of a temporary bellmouth access oneach side of the road, with sufficient size toaccommodate a low loader comprising a temporaryalteration of the roadside verge on each side of theroad.

East Riding ofYorkshire Council

Middleton Road,Lund

East Riding ofYorkshire Council

Burnbutts Lane,Hutton Cranswick

Temporary construction accessAt RDX 32/A and B shown on access, rights ofway and temporary stopping up plan drawingnumber 10-2574-GND-01-05-0077 (Sheet 17 of25) the creation of a temporary bellmouth access oneach side of the road, with sufficient size toaccommodate a low loader comprising a temporaryalteration of the roadside verge on each side of the

Temporary construction accessAt RDX 28/A and B shown on access, rights ofway and temporary stopping up plan drawingnumber 10-2574-GND-01-05-0076 (Sheet 16 of25) the creation of a temporary bellmouth access oneach side of the road, with sufficient size toaccommodate a low loader comprising a temporaryalteration of the roadside verge on each side of theroad.

(2)Street subject to

alteration of layout

88

East Riding ofYorkshire Council

(3)Description of alteration

East Riding ofYorkshire Council

Jenkinson Lane,Hutton

Temporary construction accessAt RDX 35/A and B shown on access, rights ofway and temporary stopping up plan drawingnumber 10-2574-GND-01-05-0079 (Sheet 19 of25) the creation of a temporary bellmouth access oneach side of the road, with sufficient size toaccommodate a low loader comprising a temporaryalteration of the roadside verge on each side of theroad and the temporary fluming of the ditch on thesouthern side of the road (RDX 35/A).

East Riding ofYorkshire Council

Southburn Road,Hutton Cranswick

East Riding ofYorkshire Council

Ricklepits, Skerne Temporary construction accessAt RDX 36/A and B shown on access, rights ofway and temporary stopping up plan drawingnumber 10-2574-GND-01-05-0079 (Sheet 19 of25) the creation of a temporary bellmouth access oneach side of the road, with sufficient size toaccommodate a low loader comprising a temporaryalteration of the roadside verge on each side of theroad and the temporary fluming of the ditch on thewestern side of the road (RDX 36/A).

Temporary construction accessAt RDX 33/A and B shown on access, rights ofway and temporary stopping up plan drawingnumber 10-2574-GND-01-05-0079 (Sheet 19 of25) the creation of a temporary bellmouth access oneach side of the road, with sufficient size toaccommodate a low loader comprising a temporaryalteration of the roadside verge and the temporaryfluming of the ditch on each side of the road.

(1)Area

East Riding ofYorkshire Council

Road to Skerne(Main Street),

Wansford

Temporary construction accessAt RDX 37/B shown on access, rights of way andtemporary stopping up plan drawing number10-2574-GND-01-05-0081 (Sheet 21 of 25) thecreation of a temporary bellmouth access on thesouth-eastern side of the road between the canalbridge and River Hull, with sufficient size toaccommodate a low loader comprising a temporaryalteration of the roadside verge, fencing and gate.

road.

East Riding ofYorkshire Council

East Riding ofYorkshire Council

B1249 FrodinghamRoad, Wansford

Temporary construction accessAt RDX 37/A shown on access, rights of way andtemporary stopping up plan drawing number

A164 BeverleyRoad, Hutton

Cranswick

Temporary construction accessAt RDX 34/A and B shown on access, rights ofway and temporary stopping up plan drawingnumber 10-2574-GND-01-05-0079 (Sheet 19 of25) the creation of a temporary bellmouth access oneach side of the road, with sufficient size toaccommodate a low loader comprising a temporaryalteration of the kerb line and roadside verge andthe temporary fluming of the ditch on each side ofthe road.

89

(2)Street subject to

alteration of layout

Temporary construction accessAt RDX 38/A and B shown on access, rights ofway and temporary stopping up plan drawingnumber 10-2574-GND-01-05-0082 (Sheet 22 of25) the creation of a temporary bellmouth access oneach side of the road, with sufficient size toaccommodate a low loader comprising a temporaryalteration of the roadside verge on each side of theroad.

(2)Street subject to

alteration of layout

(3)Description of alteration

East Riding ofYorkshire Council

Gransmoor Road,Gransmoor

Temporary construction accessAt RDX 39/A and B shown on access, rights ofway and temporary stopping up plan drawingnumber 10-2574-GND-01-05-0083 (Sheet 23 of25) the creation of a temporary bellmouth access oneach side of the road, with sufficient size toaccommodate a low loader comprising a temporaryalteration of the roadside verge on each side of theroad.

East Riding ofYorkshire Council

B1249 FrodinghamRoad, Wansford

East Riding ofYorkshire Council

A165 BridlingtonRoad, Barmston

Temporary construction accessAt RDX 40/A and B shown on access, rights ofway and temporary stopping up plan drawingnumber 10-2574-GND-01-05-0085 (Sheet 25 of25) the creation of a temporary bellmouth access oneach side of the road, with sufficient size toaccommodate a low loader comprising a temporaryalteration of the roadside verge on each side of theroad.

Temporary construction accessAt RDX 37/C shown on access, rights of way andtemporary stopping up plan drawing number10-2574-GND-01-05-0081 (Sheet 21 of 25) thetemporary widening of an existing bellmouthaccess on the south-western side of the road, withsufficient size to accommodate a low loadercomprising a temporary alteration of the roadsideverge on the western side of the road.

(1)Area

East Riding ofYorkshire Council

A614, Driffield Access to Driffield Construction Compound,Former Alamein Barracks, opposite MallardHouse

The creation of a temporary access onto the A614comprised in Work No. 12 (works plans drawingnumber 10-2574-GND-01-05-0049; inset on sheet19 of 25) and as shown on access, rights of wayand temporary stopping up plan drawing number10-2574-GND-01-05-0079 (inset on Sheet 19 of

10-2574-GND-01-05-0081 (Sheet 21 of 25) thecreation of a temporary bellmouth access on thenorth-eastern side of the road, with sufficient sizeto accommodate a low loader comprising atemporary alteration of the roadside verge and thetemporary fluming of the ditch on the north-easternside of the road.

East Riding ofYorkshire Council

90

Main Street, GreatKelk

25), namely increase in width of existing bellmouthaccess on the northern side of the road withsufficient size to accommodate a maximum legallength articulated vehicle (16.5m length)comprising a temporary alteration of the pavement,roadside verge, kerb line and carriageway on thenorthern side of the road as depicted in drawingno.10-2574-PLN-01-1053 (Rev B) and10-2574-PLN-01-1061 (Rev B). Provision of newgate.

(2)Street subject to

alteration of layout

(3)Description of alteration

91

(1)Area

(3)Description of alteration

North Yorkshire CountyCouncil

Wade House Lane/A645, Drax

Access to Camblesforth Multi-junction

Alteration of the existing junction betweenWade House Lane (South) and the A645 toaccommodate the creation of a permanentaccess onto the A645 from Wade House Lanecomprised in Work No. 4C on Works Plans(drawing number 10-2574-GND-01-05-0032;sheet 2 of 25) and RDX6+7/C as depicted onthe access, rights of way and temporarystopping up plans (drawing number10-2574-GND-01-05-0062; sheet 2 of 25),namely the upgrading of an existing bellmouthaccess on the southern side of the A645, withsufficient size to accommodate junction radii toenable turning movements of a large articulatedvehicle (15.4m length) comprising an increaseto the width and alteration of the alignment ofexisting adopted road junction, alteration of thesplay, kerb line, carriageway and adjoiningroad-side verge and embankment on thesouthern side of the A645 and upgrading ofWade House Lane road surface as depicted indrawing no. 10-2574-PLN-01-1045 and10-2574-PLN-01-1055 cutting back ofvegetation in highway verge to enable visibilitysplay.

PART 2

STREETS SUBJECT TO PERMANENT ALTERATION OF LAYOUT

(1)Area

East Riding ofYorkshire Council

Skiff Lane, HolmeUpon Spalding Moor

Access to Tollingham Block Valve

North Yorkshire CountyCouncil

Wade House Lane,Drax

Access to Camblesforth Multi-junction

The creation of a permanent access onto WadeHouse Lane comprised in Work No. 4C onWorks Plans (drawing number10-2574-GND-01-05-0032; sheet 2 of 25) andRDX6+7/C as depicted on the access, rights ofway and temporary stopping up plans (drawingnumber 10-2574-GND-01-05-0062; sheet 2 of25), namely the creation of a permanentbellmouth access on the eastern side of theroad, with sufficient size to accommodatejunction radii to enable turning movements of alarge articulated vehicle (15.4m length)comprising an alteration of the existing adoptedcarriageway and adjoining roadside verge andkerb line on the eastern side of the road tocreate a junction with a new access road asdepicted in drawing no. 10-2574-PLN-01-1045and 10-2574-PLN-01-1055.

92

(2)Street subject to

alteration of layout

East Riding ofYorkshire Council

Lund Wold Road, Lund Access to Dalton Block Valve

The creation of a permanent access onto LundWold Road for comprised in Work No. 9C onWorks Plans (drawing number10-2574-GND-01-05-0045; sheet 15 of 25) andRDX27/C as depicted on the access, rights ofway and temporary stopping up plans (drawingnumber 10-2574-GND-01-05-0075; sheet 15 of25), namely the creation of a new permanentbellmouth access on the southern side of theroad comprising an alteration of the existingadopted carriageway and adjoining hedgelineand roadside verge to accommodate a junctionwith a new access road with sufficient size toaccommodate junction radii to enable turningmovements of a large articulated vehicle(15.4m length), in and out of Lund Wold Road,as depicted in drawing no.10-2574-PLN-01-1047 and10-2574-PLN-01-1057.

(3)Description of alteration

East Riding ofYorkshire Council

Main Street, Skerne Access to Skerne Block Valve

Modification of existing junction of ChurchFarm access road with Main Street, Skerne toaccommodate permanent access comprised inWork No. 11C on Works Plans (drawingnumber 10-2574-GND-01-05-0050; sheet 20 of25) and RDX36/C as depicted on the access,rights of way and temporary stopping up plans(drawing number 10-2574-GND-01-05-0080;sheet 20 of 25), namely the upgrading of anexisting bellmouth access on the southern sideof Main Street Skerne with sufficient size toaccommodate junction radii to enable turningmovements of a large articulated vehicle(15.4m length) comprising an increase to thewidth and alteration of the alignment of

The creation of a permanent access onto SkiffLane comprised in Work No. 6C on WorksPlans (drawing number10-2574-GND-01-05-0039; sheet 9 of 25) andRDX16/C as depicted on the access, rights ofway and temporary stopping up plans (drawingnumber 10-2574-GND-01-05-0069; sheet 9 of25), namely the creation of a new permanentbellmouth access on the southern side of theroad comprising an alteration of the existingadopted carriageway and adjoining hedgelineand verge to accommodate a junction with anew access road with sufficient size toaccommodate junction radii to enable turningmovements of a large articulated vehicle(15.4m length), in and out of Skiff Lane asdepicted in drawing no. 10-2574-PLN-01-1046and 10-2574-PLN-01-1056.

(1)Area

93

(2)Street subject to

alteration of layout

(3)Description of alteration

East Riding ofYorkshire Council

Sands Road, Barmston Access to Barmston Pumping Station.

Permanent access from A165 BridlingtonRoad/Sands Road, Barmston comprising—

the creation of two permanent(a)accesses onto Sands Road (track),comprising new permanent bellmouthaccesses as depicted in drawing no.10-2574-PLN-01-1049, and anincrease to the width of the existingadopted track with sufficient size toaccommodate junction radii to enableturning movements of a largearticulated vehicle (15.4m length) asdepicted in drawing no.10-2574-PLN-01-1059; and alterationof the carriageway/ upgrading of theroad surface for approximately 100m;

modification of existing junction(b)where Sands Road (track) meets thetarmac road, an increase to the widthof the carriageway and alteration ofthe adjoining roadside verge on theeastern side of the existing bend.Provision of new gate. As depicted indrawing no.10-2574-PLN-01-1050;

an increase to the width of the(c)carriageway and alteration of theadjoining roadside verge for 630mbetween the junction with Sands Road(track) and A165. As depicted indrawing no.10-2574-PLN-01-1051,

all comprised in Work No. 14C on WorksPlans (drawing number10-2574-GND-01-05-0055; sheet 25 of 25) andRDX40/C as depicted on the access, rights ofway and temporary stopping up plans (drawingnumber 10-2574-GND-01-05-0085; sheet 25 of25)

(1)Area

existing adopted road junction, an alteration ofthe splay, hedgeline and roadside verge, kerbline and carriageway as depicted in drawing no.10-2574-PLN-01-1048 and10-2574-PLN-01-1058

94

(2)Street subject to

alteration of layout

Pear Tree Avenue, Long Drax

East Riding ofYorkshire Council

Kiplingcotes Racecourse Road,Etton

Between point ST7 and ST8 as depictedon the access, rights of way andtemporary stopping up plans (drawingnumber 10-2574-GND-01-05-0074;sheet 14 of 25)

Between point ST1 and ST2 as depictedon the access, rights of way andtemporary stopping up plans (drawingnumber 10-2574-GND-01-05-0061;sheet 1 of 25)

(2)Street subject to temporary

stopping up

East Riding ofYorkshire Council

Park Road, South Dalton Between point ST9 and ST10 asdepicted on the access, rights of way andtemporary stopping up plans (drawingnumber 10-2574-GND-01-05-0074;sheet 14 of 25)

(3)Extent of temporary stopping up

North YorkshireCounty CouncilSelby DistrictCouncil

East Riding ofYorkshire Council

Holme Wold Road, Holme on theWolds

Between point ST11 and ST12 asdepicted on the access, rights of way andtemporary stopping up plans (drawingnumber 10-2574-GND-01-05-0075;sheet 15 of 25)

Brickhill Lane, Drax Between point ST3 and ST4 as depictedon the access, rights of way andtemporary stopping up plans (drawingnumber 10-2574-GND-01-05-0062;sheet 2 of 25)

East Riding ofYorkshire Council

Unnamed Road from BrackenLane to Burnbutts Lane, Watton

Between point ST13 and ST14 asdepicted on the access, rights of way andtemporary stopping up plans (drawingnumber 10-2574-GND-01-05-0077;sheet 17 of 25)

SCHEDULE 6 Article 14

STREETS AND PUBLIC RIGHTS OF WAY TO BE TEMPORARILYSTOPPED UP

PART 1

STREETS

(1)Area

East Riding ofYorkshire Council

Burnbutts Lane, Hutton Cranswick Between point ST15 and ST16 asdepicted on the access, rights of way and

East Riding ofYorkshire Council

Kiplingcotes Lane, MarketWeighton

Between point ST5 and ST6 as depictedon the access, rights of way andtemporary stopping up plans (drawingnumber 10-2574-GND-01-05-0073;sheet 13 of 25)

95

North YorkshireCounty CouncilSelby DistrictCouncil

(3)Extent of temporary stopping up

(1)

Area

(2)

Footpath to be temporarilystopped up

(3)

Extent of temporary stopping up

temporary stopping up plans (drawingnumber 10-2574-GND-01-05-0077;sheet 17 of 25)

(1)Area

North Yorkshire CountyCouncil, Selby District Council

Long Drax Footpath no.35.47/6/1, running along trackfrom New Road west towardsCarr Dyke or, in the event thatit is diverted under the publicpath diversion order entitled“Footpath Nos. 35.47/1, 35.47/6& 35.47/10, Long Drax and35.6/12, Barlow, Drax PowerStation, Long Drax DiversionOrder 2014”, under any otherpublic path diversion orderpertaining to Public FootpathNo. 35.47/6/1 or otherwise,such other footpath number ornumbers (if different) and suchroute or routes as may bespecified in the instrument bywhich the diversion is giveneffect so far as it or they fallwithin the Order limits

Between point FP1 and FP2, asdepicted on the access, rights ofway and temporary stopping upplans (drawing number10-2574-GND-01-05-0061;sheet 1 of 25) or, if divertedunder the application to NorthYorkshire County Council for adiversion order with filereference SEL/2012/05entitled“Footpath Nos. 35.47/1, 35.47/6& 35.47/10, Long Drax and35.6/12, Barlow, Drax PowerStation, Long Drax DiversionOrder 2014” or otherwise, theextent of the route or routes ofthe diverted footpath orfootpaths so far as it or they fallwithin the Order limits

(2)Street subject to temporary

stopping up

East Riding ofYorkshire Council

North Yorkshire CountyCouncil, Selby District Council

Long Drax Footpath No.35.47/1/1, in the event that it isdiverted under the public pathdiversion order entitled“Footpath Nos. 35.47/1, 35.47/6& 35.47/10, Long Drax and35.6/12, Barlow, Drax PowerStation, Long Drax DiversionOrder 2014”, under any otherpublic path diversion orderpertaining to Public FootpathNo. 35.47/1/1 or otherwise

So far as the route or routes ofthe diverted footpath orfootpaths fall within the Orderlimits

Sands Road, Barmston Between point ST17 and ST18 asdepicted on the access, rights of way andtemporary stopping up plans (drawingnumber 10-2574-GND-01-05-0085;sheet 25 of 25)

96

PART 2

RIGHTS OF WAY

Between point FP7 and FP8,and between point FP8A andFP8B as depicted on the access,rights of way and temporarystopping up plans (drawingnumber10-2574-GND-01-05-0062;sheet 2 of 25)

(2)

Footpath to be temporarilystopped up

(3)

Extent of temporary stopping up

North Yorkshire CountyCouncil, Selby District Council

Drax Footpath No. 35.26/13/2,running through agriculturalland east of Read SchoolPlaying Field, and north-west ofScurff Hall

Between point FP8B and FP9,as depicted on the access, rightsof way and temporary stoppingup plans (drawing number10-2574-GND-01-05-0062;sheet 2 of 25

North Yorkshire CountyCouncil, Selby District Council

Long Drax Footpath No.35.47/8/1, running south-westfrom Pear Tree Avenue, acrossagricultural land (or such otherfootpath number or numbers forsuch footpath as may bespecified in the public pathdiversion order entitled“Footpath Nos. 35.47/1, 35.47/6& 35.47/10, Long Drax and35.6/12, Barlow, Drax PowerStation, Long Drax DiversionOrder 2014”, any other publicpath diversion order pertainingto Public Footpath No.35.47/8/1 or otherwise )

North Yorkshire CountyCouncil, Selby District Council

Drax Footpath 35.26/13/1,running through agriculturalland north-west of Scurff Hall

Between point FP8B and FP10,as depicted on the access, rightsof way and temporary stoppingup plans (drawing number10-2574-GND-01-05-0062;sheet 2 of 25)

Between point FP5 and FP6, asdepicted on the access, rights ofway and temporary stopping upplans (drawing number10-2574-GND-01-05-0061;sheet 1 of 25)

(including such other footpathnumber or numbers (ifdifferent) and such route orroutes as may be specified inthe instrument by which thediversion is given effect) so faras following such diversion it orthey fall within the Order limits

North Yorkshire CountyCouncil, Selby District Council

Newland Footpath No.35.49/1/2, running throughagricultural land north-west ofScurff Hall

Between point FP10 and FP11,as depicted on the access, rightsof way and temporary stoppingup plans (drawing number10-2574-GND-01-05-0062;sheet 2 of 25)

(1)

Area

North Yorkshire CountyCouncil, Selby District Council

97

Drax Footpath No. 35.26/7/1,running east from Drax MainRoad along track at southernedge of Read School PlayingField and thence east and thennorth-east through agriculturalland

Between point FP12 and FP13,as depicted on the access, rightsof way and temporary stoppingup plans (drawing number10-2574-GND-01-05-0062 and0063; sheet 2 and 3 of 25)

North Yorkshire CountyCouncil, Selby District Council

Drax Footpath No. 35.26/9/1,known as Brickhill Lane

Between point FP16 and FP17,as depicted on the access, rightsof way and temporary stoppingup plans (drawing number10-2574-GND-01-05-0062;sheet 2 of 25)

(3)

Extent of temporary stopping up

(1)

Area

East Riding of YorkshireCouncil

Asselby Footpath No. 2, knownas Marsh Lane (Track), runningthrough agricultural land

Between point FP18 and FP19,as depicted on the access, rightsof way and temporary stoppingup plans (drawing number10-2574-GND-01-05-0064;sheet 4 of 25)

North Yorkshire CountyCouncil, Selby District Council

Newland Footpath No.35.49/3/1, running throughagricultural land to north-westof Scurff Hall

East Riding of YorkshireCouncil

Asselby Footpath No. 1,running north from Asselbyvillage, across agricultural land

Between point FP20 and FP21,as depicted on the access, rightsof way and temporary stoppingup plans (drawing number10-2574-GND-01-05-0064;sheet 4 of 25)

Between point FP13 and FP14,as depicted on the access, rightsof way and temporary stoppingup plans (drawing number10-2574-GND-01-05-0063;sheet 3 of 25)

(2)

Footpath to be temporarilystopped up

East Riding of YorkshireCouncil

Wressle Footpath No. 10,running across agricultural landnorth of Newsholme Parks

Between point FP22 and FP23,as depicted on the access, rightsof way and temporary stoppingup plans (drawing number10-2574-GND-01-05-0064;sheet 4 of 25)

North Yorkshire CountyCouncil, Selby District Council

North Yorkshire CountyCouncil, Selby District Council

East Riding of YorkshireCouncil

Wressle Footpath No. 6,running across agricultural landnorth of Newsholme Parks andsouth-west of Brind

Between point FP24 and FP25,as depicted on the access, rightsof way and temporary stoppingup plans (drawing number10-2574-GND-01-05-0065;sheets 5 of 25)

Newland Footpath No.35.49/2/1, running throughagricultural land north of ScurffHall

Between point FP13 and FP15,as depicted on the access, rightsof way and temporary stoppingup plans (drawing number10-2574-GND-01-05-0063;sheet 3 of 25)

98

Newland Footpath No.35.49/2/2, running throughagricultural land north of ScurffHall

Between point FP26 and FP27,as depicted on the access, rightsof way and temporary stoppingup plans (drawing number10-2574-GND-01-05-0065;sheet 5 of 25)

East Riding of YorkshireCouncil

Market Weighton Footpath No.11, running across agriculturalland at Crossfields Farm

Between point FP34 and FP35,as depicted on the access, rightsof way and temporary stoppingup plans (drawing number10-2574-GND-01-05-0071;sheet 11 of 25)

(3)

Extent of temporary stopping up

(1)

Area

East Riding of YorkshireCouncil

Goodmanham Footpath No. 6,running east from Rifle Buttsquarry, across agricultural land

Between point FP36 and FP37,as depicted on the access, rightsof way and temporary stoppingup plans (drawing number10-2574-GND-01-05-0072;sheet 12 of 25)

East Riding of YorkshireCouncil

Eastrington Bridleway No. 17,known as Featherbed Lane(Track). This is crossed twice,toward the Lane’s western andeastern ends

East Riding of YorkshireCouncil

Lund Footpath No. 2, runningsouth from Lund Wold Road,along the edge of anagricultural field, to BulmersTriangle plantation

Between point FP38 and FP39,as depicted on the access, rightsof way and temporary stoppingup plans (drawing number10-2574-GND-01-05-0075;sheet 15 of 25)

Between point FP28 and FP29,and from FP30 to FP31, asdepicted on the access, rights ofway and temporary stopping upplans (drawing number10-2574-GND-01-05-0066;sheet 6 of 25)

(2)

Footpath to be temporarilystopped up

East Riding of YorkshireCouncil

Watton Footpath No. 2, runningacross agricultural land north ofBracken village

Between point FP40 and FP41,as depicted on the access, rightsof way and temporary stoppingup plans (drawing number10-2574-GND-01-05-0077;sheet 17 of 25)

East Riding of YorkshireCouncil

East Riding of YorkshireCouncil

East Riding of YorkshireCouncil

Watton Footpath No. 20,following track running northfrom Bracken village throughagricultural land

Between point FP42 and FP43,as depicted on the access, rightsof way and temporary stoppingup plans (drawing number10-2574-GND-01-05-0077;

Spaldington Footpath No. 12,along a track running south-eastfrom the A614 to FeatherbedDrain, across agricultural landsouth of Sikes Farm

Between point FP32 and FP33,as depicted on the access, rightsof way and temporary stoppingup plans (drawing number10-2574-GND-01-05-0067;sheet 7 of 25)

99

Wressle Footpath No. 8,running across agricultural landnorth of Newsholme Parks andsouth-west of Brind

East Riding of YorkshireCouncil

Hutton Cranswick Footpath No.12, running north of andadjacent to Bustard Nest Farm,across agricultural land

East Riding of YorkshireCouncil

Skerne and WansfordBridleway No. 7, running alonga track from Church Farm toCleaves Farm, throughagricultural land south-east ofSkerne village

Between point FP50 and FP51,as depicted on the access, rightsof way and temporary stoppingup plans (drawing number10-2574-GND-01-05-0080’sheet 20 of 25)

Between point FP44 and FP45,as depicted on the access, rightsof way and temporary stoppingup plans (drawing number10-2574-GND-01-05-0078;sheet 18 of 25)

(1)

Area

East Riding of YorkshireCouncil

Skerne and WansfordBridleway No. 8, running alonga track south-west of CopperHall, through agricultural landsouth-east of Skerne village

Between point FP52 and FP53,as depicted on the access, rightsof way and temporary stoppingup plans (drawing number10-2574-GND-01-05-0080;sheet 20 of 25)

sheet 17 of 25)

East Riding of YorkshireCouncil

East Riding of YorkshireCouncil

Foston on the Wolds FootpathNo. 11, running throughagricultural land from GreatKelk south to Gembling

Between point FP54 and FP55,as depicted on the access, rightsof way and temporary stoppingup plans (drawing number10-2574-GND-01-05-0082;sheet 22 of 25)

Hutton Cranswick Footpath No.11, running north of BustardNest Farm, across agriculturalland

Between point FP46 and FP47,as depicted on the access, rightsof way and temporary stoppingup plans (drawing number10-2574-GND-01-05-0078;sheet 18 of 25)

East Riding of YorkshireCouncil

Barmston Footpath No. 2,running across agricultural landfrom Bridlington Road atStonehills to its junction withBarmston Footpath No. 3, westof Hamilton Hill

Between point FP56 and FP57,as depicted on the access, rightsof way and temporary stoppingup plans (drawing number10-2574-GND-01-05-0084;sheet 24 of 25)

(2)

Footpath to be temporarilystopped up

(3)

Extent of temporary stopping up

East Riding of YorkshireCouncil

Barmston Footpath No. 3,running north from Barmstonvillage, to west of HamiltonHill, through agricultural land

Between point FP58 and FP59,as depicted on the access, rightsof way and temporary stoppingup plans (drawing number10-2574-GND-01-05-0085;

East Riding of YorkshireCouncil

Hutton Cranswick Footpath No.18, running across agriculturalland north of Hutton village

100

Between point FP48 and FP49,as depicted on the access, rightsof way and temporary stoppingup plans (drawing number10-2574-GND-01-05-0079;sheet 19 of 25)

(3)

Extent of temporary stopping up

East Riding of YorkshireCouncil

Barmston Footpath No. 4,running north from Barmstonvillage, to east of Hamilton Hill,through agricultural land

Between point FP60 and FP61,as depicted on the access, rightsof way and temporary stoppingup plans (drawing number10-2574-GND-01-05-0085;sheet 25 of 25)

(1)

Area

sheet 25 of 25)

101

(2)

Footpath to be temporarilystopped up

SCHEDULE 7 Article 16

ACCESS TO WORKS

PART 1

TEMPORARY ACCESS

(1)Area

(2)Access details

North Yorkshire CountyCouncil, Selby DistrictCouncil

Temporary access from any point within the Order limits onNew Road, RDX0/A as indicatively shown on the access, rightsof way and temporary stopping up plans (drawing number10-2574-GND-01-05-0061; sheet 1 of 25)

North Yorkshire CountyCouncil, Selby DistrictCouncil

Temporary access from any point within the Order limits onPear Tree Avenue, (RDX1/A and RDX1/B indicatively shownon the access, rights of way and temporary stopping up plans(drawing number 10-2574-GND-01-05-0061; sheet 1 of 25)

North Yorkshire CountyCouncil, Selby DistrictCouncil

Temporary access from any point within the Order limits onCarr Lane, RDX2/A and RDX2/B as indicatively shown on theaccess, rights of way and temporary stopping up plans (drawingnumber 10-2574-GND-01-05-0061; sheet 1 of 25)

North Yorkshire CountyCouncil, Selby DistrictCouncil

Temporary access from any point within the Order limits onMain Road, RDX3/A and RDX3/B as indicatively shown on theaccess, rights of way and temporary stopping up plans drawingnumber 10-2574-GND-01-05-0061; sheet 1 of 25)

North Yorkshire CountyCouncil, Selby DistrictCouncil

Temporary access from any point within the Order limits onChurch Dike Lane, RDX4/A and RDX4/B as indicativelyshown on the access, rights of way and temporary stopping upplans (drawing number 10-2574-GND-01-05-0062; sheet 2 of25)

North Yorkshire CountyCouncil, Selby DistrictCouncil

Temporary access from any point within the Order limits onBrickhill Lane, RDX5/A and RDX5/B as indicatively shown onthe access, rights of way and temporary stopping up plans(drawing number 10-2574-GND-01-05-0062; sheet 2 of 25)

North Yorkshire CountyCouncil, Selby DistrictCouncil

Temporary access from any point within the Order limits on theA645, RDX6&7/A and RDX6&7/B as indicatively shown onthe access, rights of way and temporary stopping up plans(drawing number 10-2574-GND-01-05-0062; sheet 2 of 25)

North Yorkshire CountyCouncil, Selby DistrictCouncil

Temporary access from any point within the Order limits onChurch Dike Lane, RDX8/A and RDX8/B as indicativelyshown on the access, rights of way and temporary stopping upplans (drawing number 10-2574-GND-01-05-0062; sheet 2 of25)

102

(1)Area

(2)Access details

East Riding of YorkshireCouncil

Temporary access from any point within the Order limits onBarmby Road, Asselby, RDX9/A and RDX9/B as indicativelyshown on the access, rights of way and temporary stopping upplans (drawing number 10-2574-GND-01-05-0063; sheet 3 of25)

East Riding of YorkshireCouncil

Temporary access from any point within the Order limits onBarmby Road, Asselby, RDX9/C as indicatively shown on theaccess, rights of way and temporary stopping up plans (drawingnumber 10-2574-GND-01-05-0063; sheet 3 of 25)

East Riding of YorkshireCouncil

Temporary access from any point within the Order limits onA63 Hull Road, RDX10/A and RDX10/B as indicatively shownon the access, tights of way and temporary stopping up plans(drawing number 10-2574-GND-01-05-0064; sheet 4 of 25)

East Riding of YorkshireCouncil

Temporary access from any point within the Order limits onBrind Lane, Brind, RDX11/A and RDX11/B as indicativelyshown on the access, rights of way and temporary stopping upplans (drawing number 10-2574-GND-01-05-0065; sheet 5 of25)

East Riding of YorkshireCouncil

Temporary access from any point within the Order limits onWood Lane, Brind, RDX12/A and RDX12/B as indicativelyshown on the access, rights of way and temporary stopping upplans (drawing number 10-2574-GND-01-05-0065; sheet 5 of25)

East Riding of YorkshireCouncil

Temporary access from any point within the Order limits on theA614 Holme Road, RDX13/A and RDX13/B as indicativelyshown on the access, rights of way and temporary stopping upplans (drawing number 10-2574-GND-01-05-0067; sheet 7 of25)

East Riding of YorkshireCouncil

Temporary access from any point within the Order limits onBursea Lane, RDX14/A and RDX14/B as indicatively shown onthe access, rights of way and temporary stopping up plans(drawing number 10-2574-GND-01-05-0068; sheet 8 of 25)

East Riding of YorkshireCouncil

Temporary access from any point within the Order limits onDrain Lane, RDX15/A and RDX15/B as indicatively shown onthe access, rights of way and temporary stopping up plans(drawing number 10-2574-GND-01-05-0068; sheet 8 of 25)

East Riding of YorkshireCouncil

Temporary access from any point within the Order limits onSkiff Lane, RDX16/A and RDX16/B as indicatively shown onthe access, rights of way and temporary stopping up plans(drawing number 10-2574-GND-01-05-0069; sheet 9 of 25)

East Riding of YorkshireCouncil

Temporary access from Skiff Lane, RDX16/D as depicted onthe access, rights of way and temporary stopping up plans(drawing number 10-2574-GND-01-05-0069; sheet 9 of 25)

East Riding of YorkshireCouncil

Temporary access from any point within the Order limits onLock Lane, RDX17/A and RDX17/B as indicatively shown onthe access, rights of way and temporary stopping up plans(drawing number 10-2574-GND-01-05-0069; sheet 9 of 25)

103

(1)Area

(2)Access details

East Riding of YorkshireCouncil

Temporary access from any point within the Order limits onSand Lane, RDX18/A and RDX18/B as indicatively shown onthe access, rights of way and temporary stopping up plans(drawing number 10-2574-GND-01-05-0070; sheet 10 of 25)

East Riding of YorkshireCouncil

Temporary access from any point within the Order limits onCliffe Road, RDX19/A and RDX19/B as indicatively shown onthe access, rights of way and temporary stopping up plans(drawing number 10-2574-GND-01-05-0071; sheet 11 of 25)

East Riding of YorkshireCouncil

Temporary access from any point within the Order limits on theA1034, Sancton Road, Market Weighton, RDX20/A andRDX20/B as indicatively shown on the access, rights of wayand temporary stopping up plans (drawing number10-2574-GND-01-05-0072; sheet 12 of 25)

East Riding of YorkshireCouncil

Temporary access from any point within the Order limits on theA1079 Arras Hill, Market Weighton, RDX21/A and RDX21/Bas indicatively shown on the access, tights of way andtemporary stopping up plans (drawing number10-2574-GND-01-05-0072; sheet 12 of 25)

East Riding of YorkshireCouncil

Temporary access from any point within the Order limits onKiplingcoates Lane, Market Weighton, RDX22/A andRDX22/B as indicatively shown on the access, rights of wayand temporary stopping up plans (drawing number10-2574-GND-01-05-0073; sheet 13 of 25)

East Riding of YorkshireCouncil

Temporary access from any point within the Order limits onKiplingcoates Road, Market Weighton, RDX23/A andRDX23/B as indicatively shown on the access, rights of wayand temporary stopping up plans (drawing number10-2574-GND-01-05-0074; sheet 14 of 25)

East Riding of YorkshireCouncil

Temporary access from any point within the Order limits onKiplingcoates Racecourse Road, Etton, RDX24/A andRDX24/B as indicatively shown on the access, rights of wayand temporary stopping up plans; (drawing number10-2574-GND-01-05-0074; sheet 14 of 25)

East Riding of YorkshireCouncil

Temporary access from any point within the Order limits onPark Road, South Dalton, RDX25/A and RDX25/B asindicatively shown on the access, rights of way and temporarystopping up plans (drawing number 10-2574-GND-01-05-0074;sheet 14 of 25)

East Riding of YorkshireCouncil

Temporary access from any point within the Order limits onHolme Wold Road, South Dalton, RDX26/A and RDX26/B asindicatively shown on access, rights of way and temporarystopping up plans (drawing number 10-2574-GND-01-05-0075;sheet 15 of 25)

East Riding of YorkshireCouncil

Temporary access from any point within the Order limits onLund Wold Road, South Dalton, RDX27/A and RDX27/B as

104

(1)Area

(2)Access details

indicatively shown on the access, rights of way and temporarystopping up plans (drawing number 10-2574-GND-01-05-0076;sheet 16 of 25)

East Riding of YorkshireCouncil

Temporary access from any point within the Order limits onMiddleton Road, Lund, RDX28/A and RDX28/B as indicativelyshown on the access, tights of way and temporary stopping upplans (drawing number 10-2574-GND-01-05-0076; sheet 16 of25)

East Riding of YorkshireCouncil

Temporary access from any point within the Order limits on theB1248, Lund Road, Middleton on the Wolds, RDX29/A andRDX29/B as indicatively shown on the access, rights of wayand temporary stopping up plans (drawing number10-2574-GND-01-05-0076; sheet 16 of 25)

East Riding of YorkshireCouncil

Temporary access from any point within the Order limits onMiddleton Road, Kilnwick, RDX30/A and RDX30/B asindicatively shown on the access, rights of way and temporarystopping up plans (drawing number 10-2574-GND-01-05-0077;sheet 17 of 25)

East Riding of YorkshireCouncil

Temporary access from any point within the Order limits onRoad between Bracken Lane and Burnbutts Lane, Watton,RDX31/A and RDX31/B as indicatively shown on the access,rights of way and temporary stopping up plans (drawing number10-2574-GND-01-05-0077; sheet 17 of 25)

East Riding of YorkshireCouncil

Temporary access from any point within the Order limits onBurnbutts Lane, Hutton Cranswick, RDX32/A and RDX32/B asindicatively shown on the access, rights of way and TemporaryStopping Up Plan drawing number 10-2574-GND-01-05-0077;sheet 17 of 25)

East Riding of YorkshireCouncil

Temporary access from any point within the Order limits onSouthburn Road, Hutton Cranswick, RDX33/A and RDX33/Bas indicatively shown on the access, rights of way andtemporary stopping up plans (drawing number10-2574-GND-01-05-0079; sheet 19 of 25)

East Riding of YorkshireCouncil

Temporary access from any point within the Order limits on theA164 Beverley Road, Hutton Cranswick, RDX34/A andRDX34/B as indicatively shown on the access, rights of wayand temporary stopping up plans (drawing number10-2574-GND-01-05-0079; sheet 19 of 25)

East Riding of YorkshireCouncil

Temporary access from any point within the Order limits onJenkinson Lane, Hutton Cranswick, RDX35/A and RDX35/B asindicatively shown on the access, rights of way and temporarystopping up plans (drawing number 10-2574-GND-01-05-0079;sheet 19 of 25)

East Riding of YorkshireCouncil

Temporary access from any point within the Order limits onRicklepits, Skerne, RDX36/A and RDX36/B as indicativelyshown on the access, rights of way and temporary stopping up

105

(1)Area

(2)Access details

plans (drawing number 10-2574-GND-01-05-0079; sheet 19 of25)

East Riding of YorkshireCouncil

Temporary access from any point within the Order limits on theB1249 , Frodingham Road RDX37/A as indicatively shown onthe access, rights of way and temporary stopping up plans(drawing number 10-2574-GND-01-05-0081; sheet 21 of 25)

East Riding of YorkshireCouncil

Temporary access from Road to Skerne (Main Street),RDX37/B as indicatively shown on access, rights of way andtemporary stopping up plans drawing number10-2574-GND-01-05-0081; sheet 21 of 25)

East Riding of YorkshireCouncil

Temporary access from B1249, Frodingham Road RDX37/C asindicatively shown on access, rights of way and temporarystopping up plans (drawing number 10-2574-GND-01-05-0081;sheet 21 of 25)

East Riding of YorkshireCouncil

Temporary access from any point within the Order limits onMain Street, Great Kelk RDX38/A and RDX38/B asindicatively shown on the access, rights of way and temporarystopping up plans (drawing number 10-2574-GND-01-05-0082;sheet 22 of 25)

East Riding of YorkshireCouncil

Temporary access from any point within the Order limits onGransmoor Road, Gransmoor, RDX39/A and RDX39/B asindicatively shown on the access, rights of way and temporarystopping up plans (drawing number 10-2574-GND-01-05-0083;sheet 23 of 25)

East Riding of YorkshireCouncil

Temporary access from any point within the Order limits on theA165, Bridlington Road, Barmston, RDX40/A and RDX40/Bas indicatively shown on the access, rights of way andtemporary stopping up plans (drawing number10-2574-GND-01-05-0084; sheet 24 of 25)

East Riding of YorkshireCouncil

Temporary access from the A614, Driffield as indicativelyshown on the access, rights of way and temporary stopping upplans (drawing number 10-2574-GND-01-05-0079; sheet 19 of25)

PART 2

PERMANENT ACCESS

Refer to access rights of way and temporary stopping up plan, drawing number10-2574-GND-01-05-0061 to 0085

(1)Area

(2)Access details

North Yorkshire CountyCouncil, Selby DistrictCouncil

Permanent access from the A645 / Wade House Lane,RDX6&7/C as depicted on the access, rights of way andtemporary stopping up plans (drawing number

106

(1)Area

(2)Access details

10-2574-GND-01-05-0062; sheet 2 of 25)

East Riding of YorkshireCouncil

Permanent access from Skiff Lane, RDX16/C as depicted on theaccess rights of way and temporary stopping up plans (drawingnumber 10-2574-GND-01-05-0069; sheet 9 of 25)

East Riding of YorkshireCouncil

Permanent access from Lund Wold Road, South Dalton,RDX27/C as depicted on the access, rights of way andtemporary stopping up plans (drawing number10-2574-GND-01-05-0075; sheet 15 of 25)

East Riding of YorkshireCouncil

Permanent access from Main Street, Skerne, RDX36/C asdepicted on the access, rights of way and temporary stopping upplans (drawing number 10-2574-GND-01-05-0080; sheet 20 of25)

East Riding of YorkshireCouncil

Permanent access from A165 Bridlington Road / Sands Road,Barmston RDX40/C as depicted on the access, rights of wayand temporary stopping up plans (drawing number10-2574-GND-01-05-0085; sheet 25 of 25)

SCHEDULE 8 Article 40

RECORD OF THE SATISFACTION OF THE SECRETARY OFSTATE PURSUANT TO SECTION 132 OF THE 2008 ACT

The Secretary of State in exercise of his powers under subsection 132(2) of the 2008 Act herebyrecords that he is satisfied that subsections 132(3) and 132(4B) of that Act apply to the open spaceland described in this Schedule (by reference to the corresponding plot numbers in the book ofreference) because either—

that land, when burdened with the rights authorised to be compulsorily acquired under(a)this Order, will be no less advantageous than it was before to the persons in whom it isvested, other persons, if any, entitled to rights of common or other rights, and the public;or

that land forms part of an open space, none of it is of any of the other descriptions in(b)subsection 132(1) and order rights are being acquired for a temporary (although possiblylong-lived) purpose.

(1)Plotnumber

(2)Description of plot

Plot 1102 1,712.78 square metres or thereabouts of agricultural land situated to the West of theRiver Hull at Wansford shown on sheets 20 and 21 of the land plans

Plot 1106 1,429.88 square metres or thereabouts of land forming part of the riverbed and banksof the River Hull at Wansford shown on sheets 20 and 21 of the land plans

Plot 1277 3,397.66 square metres or thereabouts of land forming part of the beach known asBarmston Sands, Barmston shown on sheet 25 of the land plans

Plot 1280 23,64955 square metres or thereabouts of land forming part of the beach known asBarmston Sands, Barmston shown on sheet 25 of the land plans

107

SCHEDULE 9 Article 28

LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

(1)Area

(2)Plot number of land shown onland plans

(3)Purpose for whichtemporary possessionmay be taken

(4)Relevant part of theauthoriseddevelopment

NorthYorkshireCountyCouncil;Selby DistrictCouncil

Plot 1 Plot 60 Plot 124Plot 2 Plot 61 Plot 125Plot 4 Plot 62 Plot 128Plot 5 Plot 63 Plot 129Plot 8 Plot 64 Plot 132Plot 10 Plot 65 Plot 133Plot 11 Plot 70 Plot 136Plot 12 Plot 72 Plot 140Plot 13 Plot 76 Plot 141Plot 14 Plot 79 Plot 144Plot 17 Plot 80 Plot 145Plot 22 Plot 83 Plot 148Plot 23 Plot 88 Plot 150Plot 24 Plot 89 Plot 151Plot 30 Plot 90 Plot 153Plot 31 Plot 92 Plot 155Plot 33 Plot 94 Plot 157Plot 34 Plot 96 Plot 159Plot 35 Plot 100 Plot 163Plot 39 Plot 101 Plot 164Plot 42 Plot 102 Plot 167Plot 45 Plot 105 Plot 170Plot 46 Plot 106 Plot 173Plot 49 Plot 109 Plot 174Plot 50 Plot 114 Plot 179Plot 52 Plot 117 Plot 180Plot 53 Plot 120 Plot 184Plot 56 Plot 121 Plot 185Plot 57 Plot 187Plot 58 Plot 188

Construction andcarrying out of theauthorised development

Work No. 2AWork No. 3AWork No. 3BWork No. 3CWork No. 3DWork No. 3EWork No. 3FWork No. 3GWork No. 4CWork No. 4DWork No. 5AWork No. 5BWork No. 5C

NorthYorkshireCountyCouncil;Selby DistrictCouncil

Plot 4Plot 76

Temporary constructioncompounds, stores andoffice areas for theconstruction andcarrying out of theauthorised development

Work No. 2AWork No. 4D

NorthYorkshireCountyCouncil;Selby DistrictCouncil

Plot 7 Plot 73 Plot 135Plot 9 Plot 74 Plot 137Plot 16 Plot 77 Plot 139Plot 19 Plot 81 Plot 142Plot 20 Plot 82 Plot 146Plot 25 Plot 97 Plot 147

Construction andcarrying out of thedrainage works

The drainage works(which has themeaning given inarticle 2(interpretation)

108

(1)Area

(2)Plot number of land shown onland plans

(3)Purpose for whichtemporary possessionmay be taken

(4)Relevant part of theauthoriseddevelopment

Plot 26 Plot 99 Plot 156Plot 27 Plot 103 Plot 160Plot 29 Plot 107 Plot 162Plot 36 Plot 110 Plot 168Plot 37 Plot 111 Plot 169Plot 40 Plot 112 Plot 171Plot 41 Plot 115 Plot 175Plot 43 Plot 116 Plot 176Plot 47 Plot 119 Plot 177Plot 55 Plot 123 Plot 178Plot 66 Plot 127 Plot 183Plot 68 Plot 131Plot 69 Plot 134

East Ridingof YorkshireCouncil

Plot 190 Plot 580 Plot 904Plot 191 Plot 582 Plot 908Plot 192 Plot 584 Plot 912Plot 194 Plot 585 Plot 913Plot 196 Plot 587 Plot 914Plot 197 Plot 588 Plot 915Plot 199 Plot 589 Plot 916Plot 201 Plot 592 Plot 921Plot 203 Plot 593 Plot 925Plot 205 Plot 597 Plot 930Plot 207 Plot 598 Plot 931Plot 209 Plot 599 Plot 932Plot 211 Plot 602 Plot 935Plot 213 Plot 603 Plot 936Plot 214 Plot 605 Plot 938Plot 217 Plot 610 Plot 939Plot 219 Plot 611 Plot 943Plot 220 Plot 612 Plot 944Plot 221 Plot 613 Plot 948Plot 222 Plot 616 Plot 949Plot 223 Plot 617 Plot 953Plot 224 Plot 619 Plot 954Plot 225 Plot 620 Plot 955Plot 227 Plot 622 Plot 959Plot 228 Plot 623 Plot 960Plot 231 Plot 624 Plot 961Plot 234 Plot 629 Plot 964Plot 237 Plot 633 Plot 965Plot 238 Plot 634 Plot 966Plot 241 Plot 636 Plot 970Plot 242 Plot 638 Plot 971Plot 244 Plot 639 Plot 972Plot 247 Plot 641 Plot 973Plot 249 Plot 642 Plot 977Plot 253 Plot 644 Plot 980

Construction andcarrying out of theauthorised development

Work No. 5CWork No. 5DWork No. 5EWork No. 5FWork No. 5GWork No. 5HWork No. 5IWork No. 5JWork No. 6CWork No. 6DWork No. 7Work No. 8AWork No. 8BWork No. 8CWork No. 8DWork No. 8EWork No. 8FWork No. 8GWork No. 8HWork No. 8IWork No. 8JWork No. 8KWork No. 8LWork No. 9AWork No. 9BWork No. 9CWork No. 9DWork No. 10AWork No. 10BWork No. 10CWork No. 10DWork No. 10EWork No. 10FWork No. 10GWork No. 10H

East Ridingof YorkshireCouncil

Plot 254 Plot 645 Plot 983Plot 257 Plot 647 Plot 984Plot 261 Plot 648 Plot 986

Work No. 10IWork No. 10JWork No. 10K

109

(1)Area

(2)Plot number of land shown onland plans

(3)Purpose for whichtemporary possessionmay be taken

(4)Relevant part of theauthoriseddevelopment

Plot 262 Plot 649 Plot 988Plot 264 Plot 651 Plot 989Plot 266 Plot 653 Plot 992Plot 269 Plot 657 Plot 993Plot 270 Plot 662 Plot 995

Plot 663Plot 275 Plot 664 Plot 996Plot 276 Plot 668 Plot 999Plot 280 Plot 669 Plot 1000Plot 281 Plot 675 Plot 1002Plot 284 Plot 676 Plot 1003Plot 285 Plot 679 Plot 1004Plot 289 Plot 682 Plot 1005Plot 290 Plot 684 Plot 1007Plot 293 Plot 688 Plot 1008Plot 295 Plot 689 Plot 1009Plot 298 Plot 692 Plot 1010Plot 302 Plot 696 Plot 1011Plot 303 Plot 700 Plot 1016Plot 308 Plot 701 Plot 1020Plot 309 Plot 702 Plot 1021Plot 310 Plot 706 Plot 1024Plot 318 Plot 707 Plot 1026Plot 321 Plot 710 Plot 1027Plot 324 Plot 712 Plot 1030Plot 325 Plot 713 Plot 1031Plot 329 Plot 714 Plot 1032Plot 332 Plot 715 Plot 1037Plot 333 Plot 716 Plot 1038Plot 334 Plot 717 Plot 1040Plot 335 Plot 718 Plot 1041Plot 338 Plot 720 Plot 1042Plot 339 Plot 721 Plot 1043Plot 341 Plot 723 Plot 1047Plot 343 Plot 724 Plot 1048Plot 345 Plot 726 Plot 1050Plot 347 Plot 727 Plot 1051Plot 348 Plot 728 Plot 1052Plot 351 Plot 729 Plot 1055Plot 353 Plot 730 Plot 1057Plot 354 Plot 732 Plot 1058Plot 357 Plot 734 Plot 1059Plot 359 Plot 736 Plot 1060Plot 360 Plot 737 Plot 1062Plot 362 Plot 738 Plot 1063Plot 363 Plot 739 Plot 1064Plot 364 Plot 742 Plot 1067Plot 365 Plot 743 Plot 1068Plot 369 Plot 744 Plot 1069Plot 370 Plot 746 Plot 1075Plot 373 Plot 747 Plot 1076Plot 374 Plot 749 Plot 1077Plot 376 Plot 750 Plot 1078

Work No. 11CWork No. 11DWork No. 12Work No. 13AWork No. 13BWork No. 13CWork No. 13DWork No. 13EWork No. 14BWork No. 14CWork No. 14DWork No. 15B

110

(1)Area

(2)Plot number of land shown onland plans

(3)Purpose for whichtemporary possessionmay be taken

(4)Relevant part of theauthoriseddevelopment

Plot 378 Plot 752 Plot 1079Plot 379 Plot 753 Plot 1080

East Ridingof YorkshireCouncil

Plot 381 Plot 754 Plot 1081Plot 382 Plot 755 Plot 1082Plot 385 Plot 757 Plot 1084Plot 386 Plot 759 Plot 1085Plot 390 Plot 760 Plot 1086Plot 391 Plot 762 Plot 1088Plot 396 Plot 765 Plot 1089Plot 397 Plot 769 Plot 1091Plot 405 Plot 770 Plot 1094Plot 406 Plot 772 Plot 1095Plot 409 Plot 773 Plot 1096Plot 413 Plot 776 Plot 1098Plot 414 Plot 777 Plot 1100Plot 418 Plot 778 Plot 1104Plot 419 Plot 779 Plot 1108Plot 422 Plot 781 Plot 1111Plot 423 Plot 782 Plot 1112Plot 426 Plot 784 Plot 1114Plot 431 Plot 785 Plot 1117Plot 433 Plot 787 Plot 1119Plot 434 Plot 788 Plot 1122Plot 436 Plot 790 Plot 1125Plot 437 Plot 791 Plot 1128Plot 439 Plot 793 Plot 1129Plot 440 Plot 794 Plot 1132Plot 443 Plot 796 Plot 1133Plot 445 Plot 797 Plot 1134Plot 448 Plot 798 Plot 1135Plot 451 Plot 799 Plot 1139Plot 452 Plot 801 Plot 1140Plot 453 Plot 802 Plot 1141Plot 455 Plot 804 Plot 1142Plot 458 Plot 805 Plot 1146Plot 459 Plot 807 Plot 1148Plot 463 Plot 808 Plot 1150Plot 464 Plot 809 Plot 1156Plot 467 Plot 811 Plot 1157Plot 469 Plot 812 Plot 1159Plot 470 Plot 814 Plot 1160Plot 472 Plot 815 Plot 1163Plot 473 Plot 816 Plot 1164Plot 476 Plot 818 Plot 1167Plot 477 Plot 819 Plot 1168Plot 478 Plot 821 Plot 1172Plot 479 Plot 822 Plot 1173Plot 481 Plot 824 Plot 1174Plot 482 Plot 825 Plot 1176Plot 484 Plot 827 Plot 1177Plot 485 Plot 828 Plot 1180Plot 487 Plot 829 Plot 1181

111

(1)Area

(2)Plot number of land shown onland plans

(3)Purpose for whichtemporary possessionmay be taken

(4)Relevant part of theauthoriseddevelopment

Plot 488 Plot 830 Plot 1183Plot 490 Plot 832 Plot 1184Plot 491 Plot 833 Plot 1185Plot 494 Plot 834 Plot 1190Plot 499 Plot 836 Plot 1191Plot 500 Plot 837 Plot 1192Plot 501 Plot 839 Plot 1196Plot 503 Plot 840 Plot 1197Plot 504 Plot 842 Plot 1200

East Ridingof YorkshireCouncil

Plot 506 Plot 843 Plot 1201Plot 507 Plot 846 Plot 1202Plot 509 Plot 847 Plot 1204Plot 510 Plot 848 Plot 1205Plot 511 Plot 849 Plot 1206Plot 515 Plot 851 Plot 1213Plot 516 Plot 852 Plot 1214Plot 517 Plot 854 Plot 1219Plot 518 Plot 856 Plot 1220Plot 519 Plot 857 Plot 1224Plot 520 Plot 859 Plot 1225Plot 524 Plot 860 Plot 1227Plot 525 Plot 862 Plot 1228Plot 526 Plot 863 Plot 1230Plot 530 Plot 865 Plot 1231Plot 531 Plot 866 Plot 1233Plot 534 Plot 867 Plot 1234Plot 535 Plot 869 Plot 1237Plot 538 Plot 870 Plot 1238Plot 539 Plot 872 Plot 1241Plot 541 Plot 873 Plot 1244Plot 542 Plot 874 Plot 1245Plot 543 Plot 875 Plot 1248Plot 546 Plot 877 Plot 1249Plot 547 Plot 879 Plot 1250Plot 550 Plot 880 Plot 1251Plot 553 Plot 882 Plot 1252Plot 554 Plot 883 Plot 1256Plot 558 Plot 885 Plot 1257Plot 559 Plot 886 Plot 1260Plot 564 Plot 888 Plot 1261Plot 565 Plot 889 Plot 1262Plot 566 Plot 891 Plot 1264Plot 568 Plot 892 Plot 1266Plot 572 Plot 893 Plot 1267Plot 573 Plot 894 Plot 1269Plot 574 Plot 896 Plot 1272Plot 575 Plot 900 Plot 1275Plot 576 Plot 901 Plot 1278Plot 578 Plot 902 Plot 1279Plot 579 Plot 903 Plot 1281

Plot 1282

112

(1)Area

(2)Plot number of land shown onland plans

(3)Purpose for whichtemporary possessionmay be taken

(4)Relevant part of theauthoriseddevelopment

East Ridingof YorkshireCouncil

Plot 572Plot 592Plot 593Plot 847Plot 1059Plot 1060Plot 1068Plot 1261Plot 1262Plot 1272

Temporary constructioncompounds, stores andoffice areas for theconstruction andcarrying out of theauthorised development

Work No. 6DWork No. 7Work No. 9DWork No. 11DWork No. 12Work No. 14D

East Ridingof YorkshireCouncil

Plot 204 Plot 493 Plot 963Plot 216 Plot 495 Plot 968Plot 218 Plot 496 Plot 969Plot 229 Plot 498 Plot 974Plot 232 Plot 505 Plot 975Plot 235 Plot 512 Plot 976Plot 239 Plot 514 Plot 979Plot 243 Plot 521 Plot 982Plot 245 Plot 523 Plot 987Plot 251 Plot 527 Plot 991Plot 252 Plot 529 Plot 998Plot 258 Plot 532 Plot 1006Plot 260 Plot 536 Plot 1012Plot 265 Plot 540 Plot 1014Plot 268 Plot 544 Plot 1015Plot 271 Plot 548 Plot 1018Plot 272 Plot 549 Plot 1019Plot 274 Plot 552 Plot 1023Plot 277 Plot 555 Plot 1029Plot 279 Plot 557 Plot 1034Plot 283 Plot 560 Plot 1035Plot 286 Plot 561 Plot 1036Plot 288 Plot 563 Plot 1044Plot 292 Plot 567 Plot 1045Plot 297 Plot 590 Plot 1053Plot 299 Plot 591 Plot 1054Plot 301 Plot 595 Plot 1065Plot 304 Plot 596 Plot 1070Plot 305 Plot 601 Plot 1092Plot 307 Plot 606 Plot 1093Plot 311 Plot 607 Plot 1099Plot 312 Plot 608 Plot 1101Plot 313 Plot 609 Plot 1103Plot 314 Plot 614 Plot 1105Plot 316 Plot 625 Plot 1107Plot 317 Plot 626 Plot 1109Plot 319 Plot 628 Plot 1116Plot 323 Plot 630 Plot 1118Plot 326 Plot 631 Plot 1121Plot 327 Plot 632 Plot 1123Plot 331 Plot 635 Plot 1126Plot 336 Plot 646 Plot 1130

Construction andcarrying out of thedrainage works

The drainage works(which has themeaning given inarticle 2(interpretation)

113

(1)Area

(2)Plot number of land shown onland plans

(3)Purpose for whichtemporary possessionmay be taken

(4)Relevant part of theauthoriseddevelopment

Plot 349 Plot 652 Plot 1136Plot 350 Plot 654 Plot 1138Plot 355 Plot 656 Plot 1143Plot 356 Plot 658 Plot 1144Plot 361 Plot 659 Plot 1145Plot 366 Plot 660 Plot 1147Plot 367 Plot 661 Plot 1149Plot 372 Plot 666 Plot 1151Plot 375 Plot 667 Plot 1152Plot 383 Plot 671 Plot 1154Plot 387 Plot 672 Plot 1155Plot 389 Plot 673 Plot 1162Plot 392 Plot 674 Plot 1166Plot 393 Plot 678 Plot 1169Plot 395 Plot 680 Plot 1170Plot 398 Plot 681 Plot 1171Plot 399 Plot 685 Plot 1178Plot 400 Plot 687 Plot 1186Plot 401 Plot 691 Plot 1188Plot 402 Plot 693 Plot 1189Plot 404 Plot 695 Plot 1193Plot 407 Plot 697 Plot 1195Plot 408 Plot 699 Plot 1198Plot 410 Plot 703 Plot 1207Plot 412 Plot 705 Plot 1209Plot 415 Plot 709 Plot 1210Plot 417 Plot 711 Plot 1212Plot 420 Plot 850 Plot 1215

Plot 905Plot 424 Plot 906 Plot 1216Plot 425 Plot 910 Plot 1217Plot 427 Plot 911 Plot 1218Plot 428 Plot 917 Plot 1221Plot 429 Plot 919 Plot 1222Plot 430 Plot 920 Plot 1232Plot 441 Plot 923 Plot 1235Plot 442 Plot 924 Plot 1236Plot 444 Plot 927 Plot 1239Plot 446 Plot 928 Plot 1240Plot 447 Plot 929 Plot 1243Plot 450 Plot 934 Plot 1246Plot 457 Plot 941 Plot 1247Plot 460 Plot 942 Plot 1253Plot 462 Plot 946 Plot 1255Plot 466 Plot 947 Plot 1259Plot 474 Plot 951 Plot 1270Plot 475 Plot 952 Plot 1273Plot 492 Plot 957 Plot 1274

Plot 958 Plot 1276Plot 1283Plot 1284Plot 1285

114

SCHEDULE 10 Article 42

DEEMED MARINE LICENCE UNDER PART 4 (MARINELICENSING) OF THE MARINE AND COASTAL ACCESS ACT 2009

PART 1

INTERPRETATION AND DETAILS OF LICENSED MARINE ACTIVITIES

Interpretation

— In this Schedule—1.

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

“authorised deposits” means the substances and articles specified in sub-paragraph 2(4) ofPart I of this Schedule;

“Cefas” means the Centre for Environment, Fisheries and Aquaculture Science or anyreplacement body or successor to its functions;

“commence” means beginning to carry out any material operation (as defined in section 56(4)of the 1990 Act) other than operations consisting of archaeological investigations,investigations for the purpose of assessing ground conditions, remedial work in respect of anycontamination or other adverse ground conditions and “commencement” is to be construedaccordingly;

“enforcement officer” means a marine enforcement officer within the meaning of section 235of the 2009 Act (marine enforcement officers);

“English Heritage” means the Historic Buildings and Monuments Commission for England orany successor to its statutory functions;

“the English inshore region” has the same meaning as that given in section 322(interpretation) of the 2009 Act;

“the Environment Agency” means the body established under the Environment Act 1995(kk)or any successor to its statutory functions;

“the environmental statement” means the document(s) certified as the environmental statementby the Secretary of State for the purposes of the Order together with any supplemental oradditional environmental statement submitted for the purposes of complying with and/ordischarging the Requirements in Schedule 3 (requirements) of the Order or conditions inthis licence;

“the Health and Safety Executive” or “HSE” means the body established under section10 of the Health and Safety at Work etc. Act 1974(ll) or any successor to its statutoryfunctions or other authority performing, carrying out or having the same regulatoryfunctions as the HSE has at the date of the Order;

“the intertidal area” means the area between mean high water spring tide and mean low waterspring tide;

“the Kingfisher Fortnightly Bulletin” means the bulletin published by the Humber SeafoodInstitute or such other alternative publication approved in writing by the MMO for thepurposes of this Schedule;

(jj) 2009, c.23.

(kk) 1995 c.25.

(ll) 1974 c.37; section 10 of the Health and Safety at Work etc. Act 1974 is substituted by S.I. 2008/960.

115

“the licence conditions” means the conditions set out in Part 2 of this Schedule;

“licensed activity” means a licensable marine activity listed in paragraph 2 of Part 1 of thisSchedule;

“licensed location” means the area set out at paragraphs 2(3)(a) and 2(3)(b) of Part 1 of thisSchedule;

“licensed works” means any works constructed in the course of a licensed activity;

“maintain” includes inspect, examine, monitor, test, repair, set up, configure, dismantle and/orreconstruct the authorised development and/or replace part or a section of the authoriseddevelopment with a part or section which materially serves the same purpose and—

does not include maintenance activities which give rise to any materially new or(a)materially different significant environmental effects from those assessed in theenvironmental statement; and

“maintaining” and “maintenance” must be construed accordingly;(b)

“the Marine Management Organisation” or “the MMO” means the body of that name createdunder the 2009 Act which is responsible for the monitoring and enforcement of this licence orany successor to its functions;

“the Maritime and Coastguard Agency” or “MCA” means the executive agency of theDepartment for Transport or any successor to its functions;

“mean high water spring tide” or “MHWS” means the highest level which spring tides reachon average over a period of time;

“mean low water spring tide” or “MLWS” means the lowest level which spring tides reach onaverage over a period of time;

“Natural England” means the body established by section 1 of the Natural Environment andRural Communities Act 2006 or any successor to its statutory functions;

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

“the Order” means the Yorkshire and Humber (Carbon Capture and Storage Cross CountryPipeline) Order 201[●];

“regulatory authorities” means any government department, public, local or regulatory or anyother authority or institution having regulatory functions, powers, duties and obligationshaving the full force of law;

“sea” has the same meaning as that given at section 42(3) of the 2009 Act;

“stage” means for the purposes of this Schedule (in no order of construction phasing) either—

those elements of Work No. 5C of Schedule 1 (authorised development) of the Order,(a)and any further associated development listed in items (a) to (n) in Schedule 1 inconnection with that Work No., which fall within the English inshore region; or

those elements of Work No. 15B of Schedule 1 (authorised development) of the Order,(b)and any further associated development listed in items (a) to (n) in Schedule 1 inconnection with that Work No., which fall within the English inshore region;

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

“the UK Hydrographic Office” means the Hydrographic Office of the Ministry of Defence,Taunton, Somerset TA1 2DN or any replacement body or successor to its functions;

“the undertaker” has the same meaning as that given in article 2 (interpretation) of the Order;

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

116

“VHF” means very high frequency; and

“working day” means a day which is not a Saturday, Sunday, Bank Holiday or other publicholiday.

Unless otherwise indicated all geographical co-ordinates contained within this licence are in(2) latitude and longitude degrees and minutes to three decimal places and the datum used for suchco-ordinates is WGS84.

Except where otherwise notified in writing by the relevant organisation, the primary point of(3) contact with the organisations listed below and the address for returns and correspondence is—

Marine Licensing Team(a)

Marine Management Organisation

Lancaster House

Hampshire Court

Newcastle upon Tyne NE4 7YH

Tel: 0300 123 1032

Email: marine.consents@marinemanagement.org.uk

Northern Marine Area(b)

Marine Management Organisation

Unit 2a

Newchase Court

Hopper Hill Road

Eastfield

Scarborough

North Yorks YO11 3YS

Tel: 01723 580040

Email: scarborough@marinemanagement.org.uk

Trinity House(c)

Tower Hill

London EC3N 4DH

Tel: 020 7481 6900

The United Kingdom Hydrographic Office(d)

Admiralty Way

Taunton

Somerset TA1 2DN

Tel: 01823 337 900

Maritime and Coastguard Agency Navigation Safety Branch(e)

Bay 2/04

Spring Place

105 Commercial Road

Southampton S015 lEG

Tel: 023 8032 9191

Centre of Environment, Fisheries and Aquaculture Science(f)

Pakefield Road

Lowestoft

Suffolk NR33 OHT

117

Tel: 01502 562 244

The Environment Agency(g)

8 City Walk

Leeds

West Yorkshire LS11 9AT

0370 8506506

Natural England(h)

Foundary House

3 Millsands

Riverside Exchange

Sheffield S3 8NH

Tel: 0845 600 3078

English Heritage(i)

Eastgate Court

195-205 High Street

Guildford GU1 3EH

Details of licensed marine activities

— Subject to the licence conditions this licence authorises the undertaker (and any agent or2.contractor acting on their behalf) to carry out the following licensable marine activities pursuant tosection 66(1) of the 2009 Act—

the deposit at sea of the substances and articles specified in sub-paragraph (5);(a)

the construction of works in, under or over the intertidal area;(b)

the inspection and maintenance of works in, under or over the intertidal area;(c)

the construction of works under the River Ouse;(d)

the inspection and maintenance of works under the River Ouse; and(e)

sampling or investigative works required in connection with paragraphs (a) and (e).(f)

The activities set out in sub-paragraph (1) are authorised in relation to the construction and(1) operation of those elements of Work No. 5C and Work No. 15B of Schedule 1 (authoriseddevelopment) of this Order, and any further associated development listed in items (a) to (n) inSchedule 1 in connection with those Work Nos., which fall within the English inshoreregion.

The undertaker (and any agent, contractor or subcontractor acting on its behalf) may engage(2) in the licensed activities in—

the area bounded by the coordinates set out in this sub-paragraph; and(a)

any area within the Order limits (as defined in article 2 (interpretation) of this Order)(b)which falls outwith the area bounded by the coordinates set out in this sub-paragraph butwhich falls below mean high water spring tide when the licensed activities are carriedout.

118

Latitude (DMS) Longitude (DMS)

Work No. 15B at the intertidal area

54° 01.734’ N 0° 12.975’ W

54° 01.741’ N 0° 12.814’ W

54° 01.522’ N 0° 12.807’ W

54° 01.523’ N 0° 12.951’ W

Latitude (DMS) Longitude (DMS)

Work No. 5C at the river Ouse

53° 44.178’ N 0° 57.109’ W

53° 44.131’ N 0° 56.976’ W

53° 44.096’ N 0° 57.070’ W

53° 44.125’ N 0° 57.255’ W

53° 44.084’ N 0° 56.866’ W

53° 44.080’ N 0° 56.857’ W

53° 44.076’ N 0° 56.859’ W

53° 44.079’ N 0° 56.867’ W

For the avoidance of doubt, the licence in this Schedule does not authorise the(3) decommissioning of the licensed works for which a separate marine licence may be required.

The substances or articles authorised for deposit at sea are—(4)

metal;(a)

gravel;(b)

concrete;(c)

sand;(d)

bentonite and grout; and(e)

rock backfill from a recognised source, containing minimum fines.(f)

In the application of section 72 of the 2009 Act to this licence, subsection 72(8) of the 2009(5) Act does not apply to a transfer made in accordance with article 9 (transfer of benefit of Order) ofthis Order.

119

PART 2

LICENCE CONDITIONS

Application of licence conditions

This Part does not apply to any part of Work No. 5C and Work No. 15B of Schedule 11.(authorised development) which falls outside the English inshore region.

Licensed location

The licensed works must be located within the licensed location.2.

Notifications and inspections

— The undertaker must ensure that a copy of this Schedule and any subsequent amendments3.or revisions to it are provided prior to commencement of a stage of the licensed activities to—

all agents and contractors notified to the MMO in accordance with the licence conditions;(a)and

the masters and transport managers responsible for the vessels notified to the MMO in(b)accordance with the licence conditions,

who are to be engaged in the carrying out of that stage.

Only those persons and vessels notified to the MMO in accordance with the licence(1) conditions are permitted to carry out the licensed activities.

Copies of this Schedule must also be available for inspection by an enforcement officer at all(2) times during construction of a stage of the licensed works at the following locations—

the undertaker's registered address;(a)

any site office for that stage located at or adjacent to the construction site and used by the(b)undertaker or its agents and contractors responsible for the loading, transportation ordeposit of the authorised deposits and works; and

on board each vessel or at the office of any transport manager with responsibility for(c)vessels from which authorised deposits are to be made or authorised works undertaken for thatstage.

The undertaker must provide access to the construction site for licensed activities or any(3) other associated works or vessels to facilitate any inspection that the MMO considers necessary toinspect the works during the carrying out of the licensed activities.

The undertaker must inform the MMO in writing of the commencement of a stage of the(4) licensed activities at least five working days in advance of that stage.

At least seven days prior to the commencement of a stage of the licensed activities the(5) undertaker must publish in the Kingfisher Fortnightly Bulletin details of the vessel routes, timingsand locations relating to the carrying out of that stage.

The undertaker must ensure that—(6)

a notice to mariners is issued at least ten days prior to the commencement of a stage of(a)the licensed activities advising of the commencement of that stage within the licensedlocation; and

a second notice to mariners is issued advising of the commencement of a stage of the(b)licensed activities within the licensed location.

The notices to mariners must be updated and reissued not less frequently than weekly during(7) construction of a stage of the licensed works.

The undertaker must notify—(8)

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the UK Hydrographic Office within ten days of the completion of a stage of the licensed(a)works in order that all necessary amendments to nautical charts are made;

the MMO of completion of a stage of the licensed works within ten days of completion of(b)those works; and

the MMO of any marking of the route of a stage of the licensed works (if any) within ten(c)days of completion of that stage.

The undertaker must ensure that prior to the commencement of a stage of the licensed(9) activities the following suitably qualified and experienced liaison officers are appointed for thatstage and their identity and credentials notified to the MMO as part of the project environmentalmanagement plan required by paragraph 5(1)(c) (pre-construction plans and documentation) forthat stage—

a Fisheries Liaison Officer or Officers; and(a)

an Environmental Liaison Officer or Officers.(b)

The responsibilities of the Fisheries and Environmental Liaison Officer(s) must be provided(10) to the MMO no later than twelve weeks prior to the commencement of a stage of the licensedactivities for comment.

Chemicals, drilling and debris

— All chemicals used in the construction of the licensed works, including any chemical4.agents placed within the void comprised in the construction of Work No. 5C and Work No. 15B,must be selected from the List of Notified Chemicals approved for use by the offshore oil and gasindustry under the Offshore Chemicals Regulations 2002(mm) unless otherwise agreed in writingby the MMO.

The undertaker must ensure that any coatings and/or treatments are suitable for use in the(1) marine environment and are used in accordance with relevant Pollution Prevention Guidelinesissued by the Environment Agency and/or relevant guidelines issued by the Health and SafetyExecutive; and any accidental spillages of such coatings and/or treatments in the marineenvironment must be reported to the MMO marine pollution response team within six hours ofsuch spillage.

The storage, handling, transport and use of fuels, lubricants, chemicals and other substances(2) must be undertaken so as to prevent releases into the marine environment including bunding of110% of the total volume of all reservoirs and containers.

Where drilling works are proposed as the trenchless crossing technique for the purposes of a(3) licensed activity, and any system other than water-based mud is proposed for such drilling works,the MMO's written approval in relation to the proposed disposal of any arisings from such drillingworks must be obtained prior to the commencement of such drilling works; and if the disposal ofthe arisings at sea does not fall within the scope of the environmental statement a separate marinelicence for such drilling is required.

The undertaker must ensure that any—(4)

waste and/or debris arising from construction of a stage of the licensed activities;(a)

equipment used for the purposes of carrying out a stage of the licensed activities; and(b)

works placed below MHWS temporarily for the purposes of carrying out a stage of the(c)licensed activities,

are removed within four weeks of completion of that stage.

Pre-construction plans and documentation

— At least four months prior to the commencement of a stage of the licensed activities5.(unless such longer period is agreed in writing by the MMO) the undertaker must submit for theapproval of the MMO—

(mm) S.I. 2002/1355; the regulations are amended by S.I. 2011/982.

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a construction and monitoring programme to include details of—(a)

the proposed construction start date for the licensed works comprised in that stage;(i)

timings for mobilisation of plant, delivery of materials and installation works for(ii)that stage; and

the methodologies for, and timings for preparing and submitting, survey(iii)specifications, data collection and analysis for that stage to the MMO in accordancewith paragraphs 8 (pre-construction baseline) to 10 (post construction),

and where compliance with a construction and monitoring programme agreed underthis paragraph (a) is not possible, the undertaker must notify the MMO in writing andsubmit a revised programme for approval; and, in circumstances where the revisedprogramme affects other plans or documents agreed by the MMO under thisparagraph, the MMO may require construction works to cease until it has approvedthe revised programme;

a construction method statement for that stage which is in accordance with the(b)environmental statement (including in particular sections 5.3 (special crossings) and 5.4(landfall) of that part of the environmental statement entitled “Onshore SchemeDescription” and given application document reference 6.3) and which includes (whererelevant to that stage) details of—

reception pit construction;(i)

trenchless crossing method(s);(ii)

pipeline installation;(iii)

works associated with sub-paragraphs (b)(i), (b)(ii) and (b)(iii) above;(iv)

contractors; and(v)

vessels;(vi)

a project environmental management plan for that stage to include details of—(c)

a marine pollution contingency plan to address the risks, methods and procedures to(i)deal with any spills and collision incidents during construction and operation of thatstage of the licensed works in relation to all licensed activities carried out betweenmean low water springs and mean high water springs in that stage;

a chemical risk analysis to include information regarding how and when chemicals(ii)are to be used, stored and transported in that stage;

waste management and disposal arrangements for that stage;(iii)

the appointment and responsibilities of any officers required in connection with the(iv)carrying out of that stage of the licensed activities; and

locations of any archaeological exclusion zones for that stage agreed as part of a(v)written scheme of investigation approved under sub-paragraph (d);

a written scheme of archaeological investigation for that stage to include—(d)

details of responsibilities of the undertaker, archaeological consultant and(i)contractor for that stage;

a methodology for any site investigation for that stage including any specifications(ii)for geophysical and geotechnical;

analysis and reporting of survey data for that stage to be submitted to the MMO(iii)within three months of survey completion and to be agreed in writing with the MMOfollowing consultation with English Heritage;

delivery of any mitigation for that stage including, where necessary, archaeological(iv)exclusion zones;

monitoring during and post construction of that stage, including a conservation(v)programme for finds;

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archiving of archaeological material for that stage with a public archive in(vi)accordance with the Online AccesS to the Index of archaeological investigationS(OASIS) system; and

a reporting and recording protocol for that stage, including reporting of any wreck(vii)or wreck material during construction, operation and decommissioning of theauthorised development.

No stage of a licensed activity is to commence until the relevant programme, statement, plan,(1) protocol or scheme required to be approved for that stage under sub-paragraph (1) has beensubmitted to and approved in writing by the MMO; and a stage of a licensed activity must becarried out in accordance with the plans, protocols, statements, schemes and details approved inrelation to it under sub-paragraph (1), unless otherwise agreed in writing by the MMO.

A construction compound comprised in an area in which either Work No. 5C or Work No.(2) 15B of Schedule 1 (authorised development) of this Order are to be carried out and which is to belocated within the intertidal area may not be established until a statement specifying—

the materials to be stored in that construction compound;(a)

proposed arrangements for the management of stored materials in that construction(b)compound; and

the distance between the stored materials in that construction compound and the relevant(c)water body in the area to which the relevant Work No. relates,

has been submitted to and approved in writing by the MMO; and the undertaker must comply withthat statement whilst that construction compound remains established, unless otherwise agreed inwriting by the MMO, and in this sub-paragraph “construction compound” means the temporarycompounds needed to store equipment, materials and site accommodation during the constructionof the authorised development.

Works comprised in Work No. 15B of Schedule 1 (authorised development) of the Order(3) (insofar as they are within the licensed location) must not be commenced until a detailed pilingmethod statement (which shall include details of the construction and removal of a cofferdam (ifproposed) and whether, and if so how, any cofferdam sheet piles are to be left in place afterconstruction) for those works has been submitted to and approved by the MMO.

The cofferdam comprised in Work No. 15B must not be commenced until a method(4) statement for the monitoring and management of sediment arising from use of the cofferdam hasbeen submitted to and approved in writing by the MMO.

Hydrostatic testing activities in the River Ouse the undertaker must not be carried out until(5) details of any pipe to be placed temporarily in the River Ouse for purposes connected with thosehydrostatic testing activities have been submitted to and approved in writing by the MMO.

Reporting of engaged agents, contractors and vessels

— The undertaker must provide to the MMO—6.

the name and function of any agent or contractor appointed to engage in a stage of the(a)licensed activity at least five working days before that agent or contractor engages in thatstage; and

a listing of the vessels currently and to be used in relation to the a stage of the licensed(b)activities each week during the carrying out of that stage.

Any changes to the details supplied to the MMO under this paragraph must be notified to(1) and agreed with the MMO in writing prior to the agent, contractor or vessel in question engagingin a stage of the licensed activities.

Equipment and operation of vessels engaged in licensed activities

— All vessels employed to perform the licensed activities must be constructed and equipped7.to be capable of the proper performance of such activities in accordance with the licenceconditions and must comply with sub-paragraphs (2) and (3).

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Subject to sub-paragraph (3) all motor powered vessels must be fitted with—(1)

electronic positioning aid to provide navigational data;(a)

radar;(b)

echo sounder; and(c)

multi-channel VHF.(d)

No vessel is to engage in the licensed activities unless all the equipment specified in(2) sub-paragraph (2) is fully operational.

Pre-construction baseline

— Any pre-construction baseline report for a stage of the licensed activities must take8.account of any existing environmental data, assessments and reports prepared by or on behalf ofthe undertaker and relevant to the relevant part of the licensed location for that stage.

A stage of the licensed activities may not commence until a pre-construction baseline report(1) for that stage has been submitted to and approved in writing by the MMO; and the form andcontent of a report, including any environmental monitoring, must be agreed in writing by theMMO.

A pre-construction baseline report in respect of the area to which works comprised in Work(2) No. 15B of Schedule 1 (authorised development) of the Order (insofar as they are within thelicensed location) relate must include—

a Phase l survey of the intertidal area;(a)

data concerning existing marine fish and shellfish populations and marine spawning(b)activity within five kilometres of that part of the licensed location comprising theintertidal area;

data concerning existing marine ornithological activity within five kilometres of that part(c)of the licensed location comprising the intertidal area; and

a desk based assessment of known and predicted archaeology and paleo-archaeological(d)deposits.

In the event that a pre-construction baseline report for a stage of the licensed activities(3) contains sufficient information regarding the effects of that stage on individual matters listed atsub-paragraphs (3)(a) to (3)(d) the stage may be commenced (subject to any ongoing monitoringrequirements notified by the MMO to the undertaker in writing).

Construction monitoring

— During construction of a stage of the licensed works the undertaker must submit9.environmental monitoring reports to the MMO in accordance with the construction andmonitoring programme approved for that stage under paragraph 5(1)(a) (pre-construction plansand documentation) which must include (where relevant to that stage)—

the monitoring of suspended sediment concentrations in seawater within the jetting(a)area for that stage and at a suitable reference site, should jetting be used for pipelineinstallation in that stage;

measurements of noise and vibration generated by the installation of any piled pits and(b)trenchless crossing in that stage.

A cofferdam comprised in Work No. 15B of Schedule 1 (authorised development) of the(1) Order may not be of dimensions such that the amount of material subsequently excavated for thepurposes of placing the pipeline gives rise to any materially new or materially different significanteffects from those assessed in the environmental statement, unless otherwise agreed in writingwith the MMO.

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Post construction

— Following construction of a stage of the licensed works the undertaker must submit10.environmental monitoring reports to the MMO in accordance with the construction andmonitoring timetable approved under 5(1)(a) (pre-construction plans and documentation).

As built drawings of a stage of the licensed works must be submitted to the MMO no later(1) than 56 days after completion of construction of that stage.

Aids to navigation

— The undertaker must during the whole period of the construction, operation, alteration,11.replacement or decommissioning of the licensed works exhibit such lights, marks, sounds, signalsand other aids to navigation, and take such other steps for the prevention of danger to navigation,as directed by Trinity House from time to time.

The undertaker must submit reports quarterly to Trinity House detailing the working(1) condition of aids to navigation. Reports may be submitted more frequently as specified by TrinityHouse.

The undertaker must notify Trinity House and the MMO of any failure of the aids to(2) navigation including timescales and plans for remedying such failures, as soon as possible and nolater than 24 hours following the undertaker becoming aware of any such failure.

Amendments to approved details

With respect to any condition of this Schedule which requires the licensed activities to be12.carried out in accordance with plans, programmes and reports approved by the MMO, theapproved plans, programmes and reports include any amendments that may subsequently beapproved in writing by the MMO to the extent that the MMO may lawfully do so.

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SCHEDULE 11 Article 48

PROTECTIVE PROVISIONS

PART 1

FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGEUNDERTAKERS

Application

For the protection of the undertakers referred to in this Part of this Schedule the following1.provisions, unless otherwise agreed in writing at any time between the promoter and theundertaker concerned, have effect.

Interpretation

In this Part of this Schedule—2.

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

“apparatus” means—

in the case of an electricity undertaker, electric lines or electrical plant (as defined in the(a)Electricity Act 1989(nn)), belonging to or maintained by that electricity undertaker forthe purposes of electricity supply;

in the case of a gas undertaker, any mains, pipes or other apparatus belonging to or(b)maintained by that gas transporter for the purposes of gas supply;

in the case of a water undertaker, mains, pipes or other apparatus belonging to or(c)maintained by that water undertaker for the purposes of water supply; and

in the case of a sewerage undertaker—(d)

any drain or works vested in the undertaker under the Water Industry Act 1991(oo)(i)and Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011(pp); and

any sewer which is so vested or is the subject of a notice of intention to adopt given(ii)under section 102(4) of that Act or an agreement to adopt made under section 104 ofthat Act,

and in each case includes a sludge main, disposal main (within the meaning of(iii)section 219 of that Act) or sewer outfall and any manholes, ventilating shafts, pumpsor 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(iv)will give access to apparatus;

“commence” has the same meaning as that given to “commence (type 1)” in paragraph 1 ofSchedule 3 (requirements);

“functions” includes powers and duties;

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

(nn) 1989 c. 29.

(oo) 1991 c. 56.

(pp) S.I. 2011/1566.

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“pipeline” means the whole or any part of a pipeline belonging to or maintained by anundertaker and includes any ancillary works and apparatus;

“plan” includes a section and description of the works to be executed;

“promoter” means the undertaker as defined in article 2 (interpretation) of this Order;

“undertaker” means—

any licence holder within the meaning of Part 1 of the Electricity Act 1989;(a)

a gas transporter within the meaning of Part 1 of the Gas Act 1986(qq);(b)

a water undertaker within the meaning of the Water Industry Act 1991; and(c)

a sewerage undertaker within the meaning of Part 1 of the Water Industry Act 1991,(d)

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

On-street apparatus

This Part of this Schedule does not apply to apparatus in respect of which the relations3.between the promoter and the undertaker are regulated by the provisions of Part 3 of the 1991 Act.

Acquisition of apparatus

Regardless of any provision in this Order or anything shown on the land plans, the promoter4.must not acquire any apparatus otherwise than by agreement.

Removal of apparatus

— If, in the exercise of the powers conferred by this Order, the promoter acquires any interest5.in any land in which any apparatus is placed, that apparatus must not be removed under this Partof this Schedule and any right of an undertaker to maintain that apparatus in that land must not beextinguished until alternative apparatus has been constructed and is in operation to the reasonablesatisfaction of the undertaker in question.

If, for the purpose of executing any works in, on or under any land purchased, held,(1) appropriated or used under this Order, the promoter requires the removal of any apparatus placedin that land, it must give the undertaker in question written notice of that requirement, togetherwith a plan of the work proposed.

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

The undertaker in question must, after the alternative apparatus to be provided or constructed(3) has been agreed or settled by arbitration in accordance with article 51 (arbitration), and after thegrant to the undertaker of any such facilities and rights as are referred to in sub-paragraph (3),proceed without unnecessary delay to construct and bring into operation the alternative apparatusand subsequently to remove any apparatus required by the promoter to be removed under theprovisions of this Part of this Schedule.

Regardless of anything in sub-paragraph (4), if the promoter gives notice in writing to the(4) undertaker in question that it desires itself to execute any work, or part of any work in connectionwith the construction or removal of apparatus, that work, instead of being executed by theundertaker, must be executed by the promoter without unnecessary delay under thesuperintendence, if given, and to the reasonable satisfaction of the undertaker.

(qq) 1986 c.44.

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Retained apparatus: protection

— Not less than 28 days before starting the execution of any works of the type referred to in6.sub-paragraph 5(2) that are near to, or will or may affect, any apparatus the removal of which hasnot been required by the promoter under sub-paragraph 5(2), the promoter must submit to theundertaker in question a plan of the works to be executed.

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

Any requirements made by an undertaker under sub-paragraph (2) must be made within a(2) period of 21 days beginning with the date on which a plan under sub-paragraph (1) is submitted toit.

If an undertaker in accordance with sub-paragraph (2) and in consequence of the works(3) proposed by the promoter, reasonably requires the removal of any apparatus and gives writtennotice to the promoter of that requirement, paragraphs 1 to 5 apply as if the removal of theapparatus had been required by the promoter under sub-paragraph 5(2).

Nothing in this paragraph precludes the promoter from submitting at any time or from time(4) to time, but in no case less than 28 days before commencing the execution of any works, a newplan, instead of the plan previously submitted, and having done so the provisions of this paragraphapply to and in respect of the new plan.

The promoter is not required to comply with sub-paragraph (1) in a case of emergency but in(5) that case it must give to the undertaker in question notice as soon as is reasonably practicable anda plan of those works as soon as reasonably practicable subsequently and must comply withsub-paragraph (2) in so far as is reasonably practicable in the circumstances.

Cathodic protection testing

Where in the reasonable opinion of the promoter—7.

the authorised development might interfere with the existing cathodic protection forming(a)part of a pipeline; or

a pipeline might interfere with the proposed or existing cathodic protection forming part(b)of the authorised development,

the undertaker to whom the pipeline belongs, or who maintains that pipeline, and the(c)promoter must co-operate in undertaking the tests which the promoter considersreasonably necessary for ascertaining the nature and extent of such interference andmeasures for providing or preserving cathodic protection.

Expenses

— Subject to the following provisions of this paragraph, the promoter must repay to an8.undertaker the reasonable expenses reasonably incurred by that undertaker in, or in connectionwith—

the inspection, removal, alteration or protection of any apparatus; or(a)

the construction of any new apparatus,(b)

which may be required in consequence of the execution of any such works as are required(c)under this Part of this Schedule.

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

If in accordance with the provisions of this Part of this Schedule—(2)

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

apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is(b)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 ofapparatus at that depth, as the case may be, is not agreed by the promoter or, in default ofagreement, is not determined by arbitration in accordance with article 51 (arbitration) to benecessary, then, if such placing involves cost in the construction of works under this Part of thisSchedule exceeding that which would have been involved if the apparatus placed had been of theexisting type, capacity or dimensions, or at the existing depth, as the case may be, the amountwhich apart from this sub-paragraph would be payable to the undertaker in question by virtue ofsub-paragraph (1) is to be reduced by the amount of that excess.

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

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

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

An amount which apart from this sub-paragraph would be payable to an undertaker in(4) respect of works by virtue of sub-paragraph (1) must, if the works include the placing of apparatusprovided in substitution for apparatus placed more than 7 years and 6 months earlier so as toconfer on the undertaker any financial benefit by deferment of the time for renewal of theapparatus in the ordinary course, be reduced by the amount which represents that benefit.

Co-operation

Where in consequence of the proposed construction of any of the authorised development,9.the promoter requires the removal of apparatus under sub-paragraph 5(2)) or an undertaker makesrequirements for the protection or alteration of apparatus under paragraph 6(2), the promoter mustuse its reasonable endeavours to co-ordinate the execution of the works in the interests of safetyand the efficient and economic execution of the authorised development; and each undertakermust use its reasonable endeavours to co-operate with the promoter for that purpose.

Arbitration

Any difference or dispute arising between the promoter and an undertaker under this10.Schedule is, unless otherwise agreed in writing between the promoter and that undertaker, to bedetermined by arbitration in accordance with article 51 (arbitration).

PART 2

FOR THE PROTECTION OF OPERATORS OF ELECTRONICCOMMUNICATIONS CODE NETWORKS

Effect

For the protection of any operator, the following provisions, unless otherwise agreed in1.writing between the promoter (as defined in Part 1 of this Schedule) and the operator, have effect.

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Interpretation

In this part of this Schedule—2.

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

“conduit system” has the same meaning as in the electronic communications code andreferences to providing a conduit system is to be construed in accordance with paragraph 1(3A)of that code;

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

“the electronic communications code” has the same meaning as in Chapter 1 of Part 2 of the2003 Act(ss);

“electronic communications code network” means—

(a) so much of an electronic communications network or conduit system provided by anelectronic communications code operator as is not excluded from the application of theelectronic 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 orproposing to provide;

“electronic communications code operator” means a person in whose case the electroniccommunications code is applied by a direction under section 106 of the 2003 Act; and

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

On-street apparatus

The exercise of the powers of article 34 (statutory undertakers) are subject to paragraph 233.of Schedule 2 to the Telecommunication Act 1984(tt) as if the promoter were a “relevantundertaker” for the purposes of that paragraph.

Enactments and agreements in respect of apparatus in the promoter’s land

Nothing in this Part of this Schedule affects the provisions of any enactment or agreement4.regulating the relations between the promoter and an undertaker in respect of any apparatus laid orerected in land belonging to the promoter on the date on which this Order is made.

Arbitration

Any difference or dispute arising between the promoter and an operator under this Part of5.this Schedule is, unless otherwise agreed in writing between the promoter and that operator, to bereferred to and settled by arbitration under article 51 (arbitration).

(rr) 2003 c.21.

(ss) See section 106.

(tt) 1984 c.12.

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SCHEDULE 12 Article 3

MISCELLANEOUS CONTROLS

PART 1

PUBLIC GENERAL LEGISLATION

Introduction

This Part 1 of this Schedule applies, modifies and excludes statutory provisions which relate1.to matters for which provision may be made in this Order.

— This Order—2.

fulfils the condition specified in section 28E(3)(a) of the 1981 Act (duties in relation to(a)sites of special scientific interest); and

is a permission for the purposes of section 28I of the 1981 Act (statutory undertakers,(b)etc: duty in relation to authorising operations),

in respect of an operation or operations referred to in sections 28E and 28I(2) of the 1981Act which are carried out pursuant to this Order and, including the requirements inSchedule 3 (requirements), subject to its provisions.

In this paragraph “the 1981 Act” means the Wildlife and Countryside Act 1981(uu).(1)

— To the extent provided in sub-paragraph (2) but subject to sub-paragraphs (3) and (4), the3.authorised development is to be treated as a major accident hazard pipeline as if carbon dioxidewere a dangerous fluid under Part III (Major Accident Hazard Pipelines) of the Regulations.

The following Regulations and Schedules of the Regulations apply to the authorised(1) development—

Regulation 20 (Notification before construction);(a)

Regulation 21 (Notification before use);(b)

Regulation 22 (Notification in other cases);(c)

Regulation 23 (Major accident prevention document);(d)

Regulation 24 (Emergency procedures);(e)

Schedule 4 (Particulars to be Included in Notification Relating to Construction of a(f)Major Accident Hazard Pipeline); and

Schedule 5 (Particulars to be Notified Before Certain Events Relating to Major Accident(g)Hazard Pipelines).

The following Regulations and Schedule of the Regulations do not apply to the authorised(2) development—

Regulation 19 (Emergency shut-down valves);(a)

Regulation 25 (Emergency plans in case of major accidents);(b)

Regulation 26 (Charge by a local authority for a plan); and(c)

Regulation 27 (Transitional provision);(d)

Schedule 3 (Requirements for Emergency Shut-down Valves on Certain Major Accident(e)Hazard Pipelines Connected to Offshore Installations).

(uu) 1981 c.69.

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The following sections and schedule of the Health and Safety at Work etc. Act 1974 do not(3) apply to any breach of Part III (Major Accident Hazard Pipelines) of the Regulations by theundertaker as a result of the application of Part III (Major Accident Hazard Pipelines) of theRegulations by this paragraph—

Sections 18 (Authorities responsible for enforcement of the relevant statutory provisions)(a)to 28 (Restrictions on disclosure of information) (inclusive);

Sections 33 (Offences) to 42 (Power of court to order cause of offence to be remedied or,(b)in certain cases, forfeiture) (inclusive); and

Schedule 3A (Offences: Mode of Trial and Maximum Penalty).(c)

In this paragraph “the Regulations” mean the Pipeline Safety Regulations 1996(vv) and,(4) subject to the provisions of this paragraph, “major accident hazard pipeline” and “dangerousfluid” have the same meanings as those given in the Regulations.

PART 2

LOCAL LEGISLATION

Table of byelaws

Row Year Short Title(1) 1980 Yorkshire Land Drainage Byelaws(2) 1999 Selby Area Internal Drainage Board Byelaws(3) 2013 Ouse and Humber Drainage Board Byelaws(4) 2014 Beverley and North Holderness Internal Drainage Board Byelaws

Applications and modifications

The Byelaws specified in rows (1) to (4) of the Table of byelaws shall have effect in1.accordance with and subject to the provisions below (and, subject to those provisions, are alsosubject to the provisions of article 3 (Application, modification and disapplication of legislativeprovisions)).

In so far as it applies or would apply in relation to anything done for the purposes of this2.Order, for Byelaw 4 (Control of Sluices etc.) of the Selby Area Internal Drainage Board Byelaws,Ouse and Humber Drainage Board Byelaws and Beverley and North Holderness Internal DrainageBoard Byelaws there shall be substituted—

“A person shall use and maintain any sluice, water control structure or appliance forintroducing water into any watercourse in the District or for controlling or regulating oraffecting the flow of water in, into or out of any watercourse in accordance with a schemefor the mitigation of flood risk arising from such use and maintenance submitted by thatperson to the Board and approved by it; and if that person causes any damage to thewatercourse by such use and maintenance that person shall make good such damage to thereasonable satisfaction of the Board.”

In so far as it applies or would apply in relation to anything done for the purposes of this3.Order, for Byelaw 7 (Detrimental Substances not to be Put into Watercourses) of the Selby AreaInternal Drainage Board Byelaws, Ouse and Humber Drainage Board Byelaws and Beverley andNorth Holderness Internal Drainage Board Byelaws there shall be substituted—

“No person shall, so as directly or indirectly to obstruct, impede or interfere with the flowof water in, into or out of any watercourse or so as to damage the bank—

(vv) S.I. 1996/825.

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(a) discharge or put or cause or permit to be discharged or put or negligently or wilfullycause or permit to fall into any watercourse any object or matter of any kind whatsoeverwhether solid or liquid;

(b) allow any such object or matter as is referred to in sub-paragraph (a) of this Byelaw toremain in proximity to any watercourse in such manner as to render the same liable to driftor fall or be carried into any watercourse,

without the consent of the Board to which the Board may attach reasonable conditions.

Provided that nothing in this Byelaw shall be deemed to render unlawful the growing orharvesting of crops in accordance with normal agricultural practice.”

In so far as it applies or would apply in relation to anything done for the purposes of this4.Order, for Byelaw 14 (Vehicles not to be Driven on Banks) of the Selby Area Internal DrainageBoard Byelaws, Ouse and Humber Drainage Board Byelaws and Beverley and North HoldernessInternal Drainage Board Byelaws there shall be substituted—

“No person shall use or drive or permit or cause to be used or driven any cart, vehicle orimplement of any kind whatsoever on, over or along any bank of a watercourse in suchmanner as to cause damage to such bank without the consent of the Board and, if suchdamage is caused by a person in such a manner, that person shall at their own cost makegood such damage to the reasonable satisfaction of the Board.”

In so far as it applies or would apply in relation to anything done for the purposes of this5.Order, for Byelaw 15 (Banks not to be Used for Storage) of the Selby Area Internal DrainageBoard Byelaws, Ouse and Humber Drainage Board Byelaws and Beverley and North HoldernessInternal Drainage Board Byelaws there shall be substituted—

“No person shall use or cause or permit to be used any bank of any watercourse for thepurpose of depositing or stacking or storing or keeping any rubbish or goods or anymaterial or things thereon in such a manner as by reason of the weight, volume or nature ofsuch rubbish, goods, material or things causes or is likely to cause damage to or endangerthe stability of the bank or channel of the watercourse or interfere with the operations oraccess of the Board or the right of the Board to deposit spoil on the bank of the watercoursewithout the consent of the Board and, if such damage is caused by a person in such amanner, that person shall at their own cost make good such damage to the reasonablesatisfaction of the Board.”

In so far as it applies or would apply in relation to anything done for the purposes of this6.Order, for Byelaw 23 (Damage to Property of the Board) of the Selby Area Internal DrainageBoard Byelaws and Byelaw 24 (Damage to Property of the Board) of the Ouse and HumberDrainage Board Byelaws and Beverley and North Holderness Internal Drainage Board Byelawsthere shall be substituted—

“If a person interferes with or damages any bank, bridge, building, structure, appliance orother property of or under the control of the Board that person shall at their own cost makegood any damage they have caused to the reasonable satisfaction of the Board.”

In so far as it applies or would apply in relation to anything done for the purposes of this7.Order, for Byelaw 24 (Defacement of Notice Boards) of the Selby Area Internal Drainage BoardByelaws and Byelaw 25 (Defacement of Notice Boards) of the Ouse and Humber Drainage BoardByelaws and Beverley and North Holderness Internal Drainage Board Byelaws there shall besubstituted—

“If a person defaces or removes any notice board, notice or placard put up by the Boardthat person shall at their own cost replace it to the reasonable satisfaction of the Board.

Any other provision in the Byelaws specified in rows (1) to (4) of the Table of byelaws8.prohibiting, restricting or controlling any action continues to apply in relation to anything done for

133

the purposes of this Order, except where the Authority or Internal Drainage Board that makes theByelaws consents to the action.

Byelaws 5, 6, 10 and 15 of the Byelaws specified in row (1) of the Table of byelaws have9.effect subject to article 3(2) (application, modification and disapplication of legislativeprovisions).

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SCHEDULE 13 Article 24

MODIFICATION OF COMPENSATION AND COMPULSORYPURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

Compensation enactments

The enactments for the time being in force with respect to compensation for the compulsory1.purchase of land apply, with the necessary modifications as respects compensation, in the case of acompulsory acquisition under this Order of a right by the creation of a new right as they apply asrespects compensation on the compulsory purchase of land and interests in land.

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

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

for the words “land is acquired or taken” there are substituted the words “a right or(a)restrictive covenant over land is purchased from or imposed on”; and

for the words “acquired or taken from him” there are substituted the words “over which(b)the right is exercisable or the restrictive covenant enforceable”.

In section 58(1) (determination of material detriment where part of house etc. proposed for(2) compulsory acquisition), as it applies to determinations under section 8 of the 1965 Act assubstituted by paragraph 5—

for the word “part” in paragraphs (a) and (b) there are substituted the words “a right over(a)or restrictive covenant affecting land consisting”;

for the word “severance” there is substituted the words “right or restrictive covenant over(b)or affecting the whole of the house, building or manufactory or of the house and the parkor garden”;

for the words “part proposed” there are substituted the words “right or restrictive(c)covenant proposed”; and

for the words “part is” there are substituted the words “right or restrictive covenant is”.(d)

Application of the 1965 Act

— The 1965 Act has effect with the modifications necessary to make it apply to the3.compulsory acquisition under this Order of a right by the creation of a new right, or to theimposition under this Order of a restrictive covenant, as it applies to the compulsory acquisitionunder 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 referencesto—

the right acquired or to be acquired; or(a)

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

Without prejudice to the generality of sub-paragraph (1), Part 1 of the 1965 Act applies in(1) relation to the compulsory acquisition under this Order of a right by the creation of a new rightwith the modifications specified in the following provisions of this Schedule.

For section 7 of the 1965 Act (measure of compensation) there is substituted the following4.section—

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

(ww) 1973 c. 26.

135

acquisition of the right or the imposition of the covenant but also to the damage (if any) tobe sustained by the owner of the land by reason of its severance from other land of theowner, or injuriously affecting that other land by the exercise of the powers conferred bythis or the special Act.”.

The following provisions of the 1965 Act (which state the effect of a deed poll executed in5.various circumstances where there is no conveyance by persons with interests in the land), that isto say—

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

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

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

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

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

Section 11 of the 1965 Act (powers of entry) is modified to secure that, as from the date on6.which the acquiring authority has served notice to treat in respect of any right, it has power,exercisable in equivalent circumstances and subject to equivalent conditions, to enter for thepurpose of exercising that right or enforcing that restrictive covenant (which is deemed for thispurpose to have been created on the date of service of the notice); and sections 12 (penalty forunauthorised entry) and 13 (entry on warrant in the event of obstruction) of the 1965 Act aremodified correspondingly.

Section 20 of the 1965 Act (protection for interests of tenants at will, etc.) applies with the7.modifications necessary to secure that persons with such interests in land as are mentioned in thatsection are compensated in a manner corresponding to that in which they would be compensatedon 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, bythe exercise of the right or the enforcement of the restrictive covenant in question.

Section 22 of the 1965 Act (protection of acquiring authority’s possession where by8.inadvertence an estate, right or interest has not been got in) is modified as to enable the acquiringauthority, in circumstances corresponding to those referred to in that section, to continue to beentitled to exercise the right acquired, subject to compliance with that section as respectscompensation.

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SCHEDULE 14 Article 53

PROCEDURE IN RELATION TO CERTAIN APPROVALS ETC.

Determination of applications for specified consents

— Where an application has been made to the discharging authority for any specified1.consent, the discharging authority must give notice to the undertaker of its decision on theapplication within a period of 8 weeks (or in respect of a COPA application or byelaw application28 days) beginning with—

where no further information is requested under sub-paragraph (2), the day immediately(a)following that on which the application is received by the discharging authority;

where further information is requested under sub-paragraph (2), the day immediately(b)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 dischargingauthority.

Where an application has been made under sub-paragraph (1) the discharging authority may(2) request such reasonable further information from the undertaker as it considers is necessary toenable it to consider the application.

If the discharging authority considers further information is necessary and this Order does(3) not specify that consultation with a consultee is required, the discharging authority must, within 10business days of receipt of the application, notify the undertaker in writing specifying the furtherinformation required.

If a provision of this Order relating to a specified consent specifies that consultation with a(4) consultee is required the discharging authority must—

issue the consultation to the consultee within 2 business days of receipt of the application;(a)

notify the undertaker in writing specifying any further information requested by the(b)consultee within 2 business days of receipt of such a request; and

in any event, within 21 business days of receipt of the application, specify to the(c)undertaker in writing any further information required.

If the discharging authority does not give the notification mentioned in sub-paragraph (3) or(5) (4) it is deemed to have sufficient information to consider the application and is not thereafterentitled to request further information without the prior agreement of the undertaker.

Fees

— Where an application is made to a relevant planning authority for any consent, agreement2.or approval required by a requirement listed in Schedule 3 (requirements) to this Order, a fee of£97 (or such other fee as may be prescribed in regulations made pursuant to sections 303 (fees forplanning applications etc.) and 333(2A) (regulations and orders) of the 1990 Act for theconfirmation by a local planning authority of compliance with a condition attached to a planningpermission) must be paid to the authority.

Any fee paid under this Schedule must be refunded to the undertaker within 4 weeks of—(1)

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

the authority failing to determine the application within 8 weeks from the date on which it(b)is received,

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

Appeals

— The undertaker may appeal if—3.

137

the discharging authority refuses an application for any specified consent or grants it(a)subject to conditions (or in respect of a COPA application limits or qualifies it in anyway);

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

having received a request for further information under sub-paragraph 1(2) the undertaker(c)considers that either the whole or part of the specified information requested by thedischarging authority is not necessary for consideration of the application;

having received any further information requested, the discharging authority notifies the(d)undertaker that the information provided is inadequate and requests additionalinformation which the undertaker considers is not necessary for consideration of theapplication;

the discharging authority serves a COPA notice; or(e)

the discharging authority by or under a specified byelaw requires the undertaker to carry(f)out any activity (to its satisfaction or otherwise) or to comply with any direction (referredto in this Schedule as a “byelaw requirement”); and the undertaker may not be required tocomply with the byelaw requirement until the appointed person has decided the appeal orany claim for judicial review in respect of the appeal has been finally determined.

The procedure for appeals is as follows—(1)

the undertaker must submit to the Secretary of State—(a)

a copy of the application submitted to the discharging authority;(i)

in respect of an appeal of a byelaw requirement such details of the relevant(ii)requirement as have been provided to the undertaker by the discharging authority; or

where a COPA notice has been served a copy of that notice,(iii)

and any supporting documents which the undertaker may wish to provide (and thedocuments submitted under this paragraph are referred to in this Schedule as “theappeal documents”);

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

as soon as is practicable after receiving the appeal documents the Secretary of State must(c)appoint a person to determine the appeal (referred to in this Schedule as “the appointedperson”) and notify the appeal parties of the identity of the appointed person and theaddress to which all correspondence for the appointed person should be sent;

the discharging authority and (if applicable) the consultee may submit any written(d)representations in respect of the appeal to the appointed person within 10 business daysbeginning with the first day immediately following the date on which the appeal partiesare notified of the appointment of the appointed person and must ensure that copies oftheir written representations are sent to each other and to the undertaker on the day onwhich they are submitted to the appointed person;

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

the appointed person must make a decision and notify it to the appeal parties, with(f)reasons, as soon as reasonably practicable.

If the appointed person considers that further information is necessary to consider the appeal,(2) the appointed person must as soon as practicable notify the appeal parties in writing specifying thefurther information required, the appeal party from whom the information is sought, and the dateby which the information must be submitted.

Any further information required pursuant to sub-paragraph (3) must be provided by the(3) party from whom the information is sought to the appointed person and to other appeal parties bythe date specified by the appointed person.

138

The appeal parties may submit written representations to the appointed person concerning(4) matters contained in the further information.

Any such representations must be submitted to the appointed person and made available to(5) all appeal parties within 10 business days of the date mentioned in sub-paragraph (3).

Outcome of appeals

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

allow or dismiss the appeal;(a)

reverse or vary any part of the decision of the discharging authority (whether the appeal(b)relates to that part of it or not); or

determine that the undertaker should or should not comply with a byelaw requirement,(c)

and may deal with the application as if it had been made to the appointed person in the firstinstance (which may include applying conditions to any approval or byelaw requirement).

The appointed person may proceed to a decision on an appeal taking into account only such(1) written representations as have been sent within the time limits prescribed or set by the appointedperson under this Schedule.

The appointed person may proceed to a decision even though no written representations have(2) been made within those time limits if it appears to the appointed person that there is sufficientmaterial to enable a decision to be made on the merits of the case.

The decision of the appointed person on an appeal is final and binding on the parties, and a(3) court may entertain proceedings for questioning the decision only if the proceedings are broughtby a claim for judicial review within 6 weeks of the date of the decision.

Any approval given by the appointed person pursuant to this Schedule is deemed to be an(4) approval for the purposes of this Order and any other enactment which required the specifiedconsent as if it had been given by the discharging authority.

The discharging authority may confirm any determination given by the appointed person in(5) identical form in writing but a failure to give such confirmation (or a failure to give it in identicalform) does not affect or invalidate the effect of the appointed person’’s determination.

Except where a direction is given pursuant to sub-paragraph 8 requiring the costs of the(6) appointed person to be paid by the discharging authority, the reasonable costs of the appointedperson must be met by the undertaker.

On application by the discharging authority or the undertaker, the appointed person may give(7) directions as to the costs of the appeal parties and as to the parties by whom the costs of the appealare to be paid.

In considering whether to make any such direction and the terms on which it is made, the(8) appointed person must have regard to Communities and Local Government Circular 03/2009 orany circular or guidance which may from time to time replace it.

Application of this Schedule

Where the undertaker appeals under paragraph 3—5.

this Schedule applies instead of article 51 (arbitration);(a)

in respect of any specified consent required pursuant to sections 54 to 106 of the 1991(b)Act, this Schedule applies instead of section 99 (arbitration) of that Act;

in respect of any COPA notice or COPA application this Schedule applies instead of(c)sections 60(7) or 61(7) of the 1974 Act; and

in respect of any specified consent required pursuant to a specified byelaw this Schedule(d)applies instead of——

byelaw 28 (arbitration) of the Selby Area Internal Drainage Board Byelaws 1999;(i)

byelaw 29 (arbitration) of the Beverley and North Holderness Internal Drainage(ii)Board Byelaws 2014;

139

byelaw 29 (arbitration) of the Ouse and Humber Internal Drainage Board Land(iii)Drainage Byelaws 2013; or

any provision of byelaws made by the East Riding of Yorkshire Council in its(iv)capacity as lead local flood authority which relates to arbitration (or any other formof dispute resolution) or appeals,

as applicable.

Interpretation of this Schedule

In this Schedule——6.

“1974 Act” means the Control of Pollution Act 1974(xx);

“the appeal parties” means the discharging authority, the consultee (if applicable) and theundertaker;

“business day” means Monday to Friday excluding bank holidays;

“byelaw application” means an application made pursuant to a specified byelaw;

“byelaw requirement” has the meaning given in paragraph 3(1)(f);

“consultee” means any body named in a provision of this Order relating to a specified consentwhich is the subject of an appeal as a body to be consulted by the discharging authority indetermining that specified consent;

“COPA application” means an application made pursuant to section 61 of the 1974 Act (priorconsent for work on construction sites);

“COPA notice” means a notice served pursuant to section 60 of the 1974 Act (control of noiseon construction sites);

“discharging authority” means the body responsible for determining whether a specifiedconsent should be given or the local authority in the exercise of functions set out in sections60 or 61 of the 1974 Act;

“specified byelaw” means any byelaw in——

the Selby Area Internal Drainage Board Byelaws 1999;(a)

the Ouse and Humber Internal Drainage Board Land Drainage Byelaws 2013;(b)

the Beverley and North Holderness Internal Drainage Board Byelaws 2014; and/or(c)

any byelaws made by the East Riding of Yorkshire Council in its capacity as lead local(d)flood authority;

“specified consent” means any——

agreement, certificate, consent, permission, expression of satisfaction or other approval(a)required by——

a requirement listed in Schedule 3 (requirements) of this Order;(i)

a document referred to in any requirement listed in Schedule 3 of this Order;(ii)

a term of the deemed marine licence listed in Schedule 10 (deemed marine licence)(iii)under Part 4 (marine licensing) of the Marine and Coastal Access Act 2009);

article 44(3)(b) (felling or lopping of trees or shrubs);(iv)

a specified byelaw; or(v)

agreement, certificate, consent, permission, expression of satisfaction or other approval of(b)the highway authority, street authority (where it is also the highway authority for the samearea) or traffic authority required pursuant to articles—

10 (street works) (including pursuant to sections 54 to 106 of the 1991 Act as(i)applied by article 10(3));

11 (power to alter layout, etc. of streets);(ii)

12 (construction and maintenance of new, altered or diverted streets);(iii)

(xx) 1974 c.40.

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14 (temporary stopping up of streets and public rights of way);(iv)

13 (permanent stopping up of streets);(v)

17 (traffic regulation); or(vi)

21 (authority to survey and investigate the land); or(vii)

a consent pursuant to a COPA application.(c)

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EXPLANATORY NOTE

(This note is not part of the Order)

The Order

This Order authorises National Grid Carbon Limited (referred to as “the undertaker”) toconstruct and operate a pipeline transportation network and associated infrastructure to support theprovision of carbon capture and storage technology in the Yorkshire and Humber region.

The Order permits the undertaker to acquire, compulsorily or by agreement, land and rights inland and to use land for this purpose. The Order also makes provision in connection with themaintenance of the network.

A copy of the Order plans and the book of reference mentioned in this Order and certified inaccordance with article 49 of this Order (certification of plans, etc.) may be inspected free ofcharge during working hours at the [Planning Reception Desk], of East Riding of YorkshireCouncil [insert address] and Selby District Council [insert address].

142

S T A T U T O R Y I N S T R U M E N T S

201[●] No. [●]

INFRASTRUCTURE PLANNING

ENERGY

The [Draft] Yorkshire and Humber (Carbon Capture and StorageCross Country Pipeline) Order 201[●]

BERWIN LEIGHTON PAISNER LLPAdelaide HouseLondon Bridge

London EC4R 9HASolicitors

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Appendix 2 Comparison of Revision G against Revision F of the Explanatory Memorandum

Contents

Clause Name Page

1 Introduction to the Onshore and Offshore Schemes 1

2 This Explanatory memorandum 3

3 Purpose of the order 5

4 Ancillary matters 9

5 The draft Order 13

6 Part II of the Order - Works Provisions 21

7 Part III of the Order - Acquisition and Possession of Land 38

8 Part IV of the Order - Miscellaneous and General 54

9 Schedules 61

Appendix Name Page

Tracked change version of the Order against the DCO Model Provisions 87

INTRODUCTION TO THE ONSHORE AND OFFSHORE1

SCHEMES

National Grid Carbon Limited (the “undertaker”) proposes1.1constructing and operating a carbon dioxide transportation andstorage system to support the provision of carbon capture andstorage (“CCS”) technology in the Yorkshire and Humber Region.The project in its entirety, known as The Yorkshire and Humber CCSTransportation and Storage project (the “Project”), would comprisethe construction of a Cross Country Pipeline and sub-sea pipeline fortransporting carbon dioxide captured from power projects in theregion to a permanent geological storage site beneath the North Sea.

The Project includes both onshore and offshore elements which are1.2subject to separate consenting regimes (the “Onshore Scheme”and the “Offshore Scheme”).

The onshore elements of the Project are collectively termed the1.3Yorkshire and Humber Carbon Capture and Storage Cross CountryPipeline (shortened to the “Onshore Scheme”) and are proposed tocomprise the construction of a cross country pipeline and associatedinfrastructure including pipeline internal gauge (“PIG”) traps, amulti-junction, three block valves, a pumping station (collectivelytermed “Above Ground Installations” or “AGIs”) and anynecessary interconnecting local pipelines and associated works.

The Onshore Scheme requires a new buried high pressure cross1.4country pipeline of approximately 67km in length with an externaldiameter of up to 610mm for the transportation of carbon dioxide inliquid form to a location on the Holderness coast.

As the length of the proposed cross country pipeline comprised in the1.5Onshore Scheme will exceed 16.093km it constitutes a nationallysignificant infrastructure project (“NSIP”) pursuant to the PlanningAct 2008. This requires an application to be made to the Secretary ofState for a development consent order (“DCO”).

The cross country pipeline will have an external diameter of up to1.6610mm and will be sized to accommodate up to 17 million tonnes(mt) of carbon dioxide emissions per year. The multi-junction wouldenable the connection of multiple pipelines from regional carbondioxide emitters to the Onshore Scheme. At present one installationfor the capture of carbon dioxide streams, the White Rose CCSproject adjacent to Drax Power Station at Selby, being promoted byCapture Power Limited, would require a pipeline connection into thecross country pipeline. An interconnecting pipeline between the WhiteRose CCS project and the multi-junction will form part of theapplication for the Onshore Scheme.

1

PIG traps would be sited at the start and end of each pipeline to1.7launch PIGs (these are required as part of the planned pipelineinspection and maintenance programme). Following a site appraisal,a PIG trap site has been identified in the vicinity of the White RoseCCS project adjacent to the Drax Power Station, near Selby.

The multi junction will facilitate the connection of multiple pipelines1.8from other regional carbon dioxide emitters to the Onshore Schemein the future. A site options appraisal has identified a site on land tothe south of the A645, Camblesforth as the preferred site option forthe multi junction.

Block valves will be required at regular intervals along the length of1.9the cross country pipeline to enable the isolation of sections ofpipeline for maintenance and safety. Site appraisals have beenundertaken for all the block valves and preferred sites have beenidentified as land to the south of Skiff Lane, Tollingham; land to thesouth of Lund Wold Road, South Dalton; and land to the south of theunnamed track to Copper Hall, Skerne.

A pumping station is required to re-pressurise the carbon dioxide1.10before it is transported offshore. This is proposed to be constructednear to the coast. A site appraisal has been undertaken and identifiedland to the south of Sands Road, Barmston as the preferred site.

The offshore elements of the Project are collectively termed the1.11Yorkshire and Humber CCS Sub-Sea Pipeline and Geological StorageSite (shortened to the “Offshore Scheme”) and are proposed tocomprise the construction of a 90km subsea pipeline to a geologicalstorage site. This is subject to a separate consenting regime requiringauthorisation by the Secretary of State for Energy and ClimateChange in accordance with the Petroleum Act 1998 and the EnergyAct 2008 respectively.

The sub-sea pipeline will have an external diameter of up to1.12approximately 610mm and would be sized to accommodate up to17mt of carbon dioxide emissions per year. The geological storagesite presently proposed would comprise the permanent storage ofcaptured carbon dioxide in a saline aquifer located approximately1000m below the seabed. The undertaker has been granted anagreement to lease area 5/42 in the southern North Sea for thepurpose of geological storage of carbon dioxide. The capacity of thestorage site is subject to on-going investigations but it is expected toaccommodate at least 200mt of captured carbon dioxide. It isanticipated that once this site has reached capacity further storagesites would be identified and utilised.

2

The Onshore and Offshore Schemes would be joined at the Mean1.13Low Water Mark using appropriate landfall techniques; this is also thejuncture of the onshore and offshore consenting regimes.

A more detailed explanation of the authorised development, as set1.14out in Schedule 1 (authorised development) of the Order and on theworks plans (Document Reference 2.3) can be found in theConstruction Report (Document Reference 7.6).

THIS EXPLANATORY MEMORANDUM2

A draft DCO accompanies the application for the Onshore Scheme2.1and is entitled The Yorkshire and Humber (Carbon Capture and

Storage Cross Country Pipeline) Order 201[●] (the "Order").

As required by Regulation 5(2)(c) of the Infrastructure Planning2.2(Applications: Prescribed Forms and Procedure) Regulations 2009,this explanatory memorandum also accompanies the application forthe Onshore Scheme. It explains the purpose and effect of provisionsin the draft Order.

The Planning Inspectorate’s Advice Note Thirteen as republished in2.3April 2012 (“Advice Note 13”) clarifies its approach to theInfrastructure Planning (Model Provisions) (England and Wales)Order 2009 (the “DCO Model Provisions”) as follows:

“‘Model provisions’

Model provisions were set out in the Infrastructure Planning(Model Provisions) (England and Wales) Order 2009 (SI2009/2265). They included provisions which could be commonto all NSIPs, others which relate to particular infrastructuredevelopment types, in particular railways and harbours, andmodel provisions in respect of requirements. The Localism Act2011 removed the requirement for the decision-maker to haveregard to the prescribed model provisions in deciding anapplication for development consent.

Model provisions were intended as a guide for developers indrafting orders, rather than a rigid structure, but aidedconsistency, and assisted developers to draft a comprehensiveset of lawful provisions.

In the absence of relevant guidance published by DCLG, itwould be helpful for the Planning Inspectorate to receive atrack-change draft of the DCO showing any departures fromthe model provisions. The Planning Inspectorate would wish toreceive such a track-change draft of the DCO both at the

3

pre-application stage and with the formal submission of theapplication for development consent.

Other provisions

Provisions used in ‘predecessor’ regimes such as for Transportand Works Act Orders or Harbour Empowerment Orders maybe helpful in the drafting of a DCO. Developers should thoughsatisfy themselves that the inclusion of particular wording isappropriate and relevant in all the circumstances of a givendevelopment. The relevant precedent and the rationale forincluding the particular wording of a provision will need to beset out and justified in the explanatory memorandum.”

This explanatory memorandum complies with the requirements of2.4Advice Note 13.

The Order follows the DCO Model Provisions but, where appropriate2.5for the circumstances of the Onshore Scheme, there are certaindepartures from these. Such departures, where material, areexplained in this explanatory memorandum.

Certain of these departures from the DCO Model Provisions reflect2.6wording from the Transport and Works (Model Clauses for Railwaysand Tramways) Order 2006 (the "TWA Model Provisions") andOrders made under the Transport and Works Act 1992 (“TWAOrders”). Where appropriate, this explanatory memorandum setsout the rationale for including such wording in the context of the2008 Act and the Onshore Scheme.

Where relevant, regard has also been had to the precedents set in2.7the development consent orders made by the Secretary of Stateunder the 2008 Act; and references to such orders are made in thisexplanatory memorandum as appropriate.

Again, where relevant, regard has been had to the Planning2.8Inspectorate’s Advice Note Fifteen “Drafting Development ConsentOrders”.

A comparison version of the draft Order against the DCO Model2.9Provisions is also provided at appendix 1 to this explanatorymemorandum, showing any departures from the DCO ModelProvisions.

4

PURPOSE OF THE ORDER3

Nationally significant infrastructure development

Under sections 14(1)(g) and 21 of the Planning Act 2008 (the “20083.1Act”) the construction of a cross-country1 pipeline in England2 otherthan by a gas transporter,3 which would otherwise requireauthorisation under section 1(1) of the Pipe-lines Act 1962 (the“Pipe-lines Act”)4 (on account of the pipeline exceeding 16.093km

in length),5 constitutes an NSIP. As stated at paragraph 1.4 above,

the cross-country pipeline comprised in the Onshore Scheme isapproximately 67 km in length and will thus exceed 16.093 km inlength.

Section 31 of the 2008 Act provides that a development consent3.2order is required to the extent that a development is or forms part ofan NSIP.

Accordingly, the undertaker is making an application to the Secretary3.3of State under section 37 of the 2008 Act in order to obtaindevelopment consent for the Onshore Scheme. The Order is part ofthe application.

Associated development

Pursuant to section 115(1) of the 2008 Act and in accordance with3.4the principles set out in the document entitled “Planning Act 2008:Guidance on associated development applications for majorinfrastructure projects” published in April 2013 by the Department forCommunities and Local Government (the “CLG Guidance”), theOrder also seeks consent for associated development set out inSchedule 1 (authorised development) of the Order. Examples ofitems of associated development with their own Work Nos. in theSchedule include:

access roads;3.4.1

temporary working areas;3.4.2

temporary pipeline stores; and3.4.3

office, welfare and security facilities.3.4.4

1 S.21(1)(a) of the 2008 Act2 S.21(2)(a) of the 2008 Act3 S.14(1)(g) of the 2008 Act4 S.21(1)(b) of the 2008 Act5 S.1(1) and s.66(1) of the Pipe-lines Act

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A list of further associated development is included at the end of3.5Schedule 1 (authorised development) for works associated withmultiple Work Nos. These include in summary:

site preparation works and construction compounds for certain of the3.5.1AGIs;

the installation of wires, cables, conductors, pipes and ducts;3.5.2

pipeline construction works;3.5.3

works to remove or alter the position of apparatus including mains,3.5.4sewers drains and cables, which will be required where these itemsneed to be temporarily or permanently removed to allow theconstruction and operation of the authorised development. Examplesinclude the possible temporary diversion of a utility pipe or cable toprovide working space to allow construction of permanent works;

locating aerial markers, cathodic protection apparatus and field3.5.5boundary markers;

landscaping, ecological mitigation works and other works to mitigate3.5.6any adverse effects of the construction, maintenance or operation ofthe authorised development;

works for the benefit or protection of land affected by the authorised3.5.7development, which might (where the undertaker considers itnecessary) include works to reinstate land to its former conditionincluding land drainage systems or providing fencing to replace thattemporarily removed or to provide a delineation between landownership or usage;

works required for the strengthening, improvement, maintenance or3.5.8reconstruction of any streets, which may be required where existingtracks or streets are to carry increased heavy traffic or increasednumbers of vehicles. Crossings of existing public and privatehighways are required and reinstatement of excavated trenches willbe necessary;

works to alter or remove road furniture;3.5.9

ramps, means of access, footpaths and bridleways, which are3.5.10required to access the facilities as a whole and to safely accessindividual areas and buildings associated with the development;

the carrying out of street works pursuant to article 10 (street works),3.5.11works to alter the layout of streets pursuant to article 11 (power toalter layout, etc., of streets) and the alteration or removal of roadfurniture;

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works for the decommissioning, restoration and aftercare of the3.5.12authorised development;

installation of drainage, drainage attenuation and land drainage3.5.13including outfalls; and

other works, including working sites, storage areas and works of3.5.14demolition necessary for the construction or operation of theauthorised development.

The undertaker considers there to be two types of works in this3.6“further associated development” section above:

The first is of the residual type described at paragraph 3.5.14: “other3.6.1

works [etc.] as may be necessary for […] the construction oroperation of the authorised development”. In the context of a largeand complex nationally significant infrastructure project such as this,it is acknowledged and understood that there may well be someminor works required for the purposes of carrying out and oroperating the authorised development which were not specificallyforeseen and thus individually itemised in the Schedule of Works atthe time the Order is granted. The Secretary of State has historicallymade them subject to the test that these kinds of unspecified(because unknown and unforeseeable) works for the purposes of theauthorised development are only authorised to the extent that theydo not give rise to any materially new or different effects from thoseassessed in the environmental statement (see for example paragraph(p) on page 62 of the recent Thames Water Utilities Limited (ThamesTideway Tunnel) Order 2014. This limitation wording is included in

the Order for the works at paragraph 3.5.14. Further to the first

written questions, on review, the undertaker considered that the

categories of works identified in paragraphs 3.5.4, 3.5.6 and 3.5.7

could, arguably, also be viewed as being of a similar type; thougheven here, the need for these types of works was clearly understoodat the time of the environmental impact assessment process carriedout for the authorised development and, therefore, taken intoaccount as part of that process. Strictly speaking, therefore, thosecategories of works are not really unknown and unforeseeable in the

same way as the works at 3.5.14. Thus the need for the additional

caveat does not therefore arise in the same way but, to go some waytowards accommodating the point expressed in the written questions,the undertaker agrees to the limitation wording being added to

paragraphs 3.5.4, 3.5.6 and 3.5.7 that the works must not give rise

to any materially different effects from those assessed in theenvironmental statement.

The second type of “further associated development” comprises3.6.2works which were clearly contemplated at the time of the

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environmental impact assessment process for the authoriseddevelopment as foreseeable activities, and in some detail. Oneexample is those forms of “further associated development” includedin this final part of Schedule 1 (authorised development) simply as adrafting approach so as not to relist each form of associateddevelopment with every single related pipeline section Work No.: e.g.

the pipeline construction works in 3.5.3 or markers in 3.5.5. The

significant environmental effects likely to be caused by this secondtype of work were therefore within the contemplation of theenvironmental impact assessment process which has taken place todate in just the same way as the other items of development set outin Schedule 1 (authorised development). The Infrastructure Planning(EIA) Regulations 2009 (the “EIA Regulations”) require applicationsfor DCOs to be accompanied by an environmental statement whichcontains a description of the development, a description of theaspects of the environment likely to be affected by the developmentand a description of the likely significant effects of the developmenton the environment. However, the description of the developmentmust be proportionate – clearly it would not be practicable todescribe every piece of material, no matter how small, or everymovement or minor operation which will be undertaken in order tocomplete the development. Case law simply requires the descriptionof the proposed development to be sufficient to enable the maineffects which that development is likely to have on the environmentto be identified and assessed (R. v Rochdale MBC Ex p. Milne (No. 1)[1999] 3 P.L.R. 74; [2000] Env L.R. 1). Moreover, the second type of“further associated development” described in this response wouldnot permit the construction of a project “which could be verydifferent in scale or impact from that applied for, assessed orpermitted” (R (Midcounties Co-operative Ltd) v Wyre Forest DC[2009] EWHC 964 (Admin)). In other words, whether this secondtype of “further associated development” would require aretrospective, second environmental assessment mechanism after theDCO is made needs to be understood in the context of theappropriate level of detail that was required under the EIARegulations the first time, and whether it could give rise to verydifferent effects to what was contemplated and assessed that firsttime, sufficient to justify a second assessment. None of the othertypes of further associated development described in the paragraphsin the list at the end of Schedule 1 (authorised development) couldjustify a second environmental assessment exercise to determinewhether or not they fall within the scope of the authoriseddevelopment. This is because they clearly form part of what has beenassessed and could not give rise to a very different scheme to theone which has been assessed. ” The undertaker therefore does notconsider it either “necessary” or “reasonable in all respects” for thepurposes of paragraph 4.1.7 of EN-1 for a second environmentalassessment exercise to be carried out for any “further associated

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development” above, other than as currently set out in the draftOrder.

Separately, the undertaker considers that all of the works described3.7in Schedule 1 (authorised development) are either development forwhich development consent is required or associated developmentfor which development consent may be granted (in accordance withsections 31 and 115 of the 2008 Act and CLG Guidance) and,accordingly, may lawfully form part of an application for an Ordergranting development consent under the 2008 Act.

ANCILLARY MATTERS4

The Order also contains several matters ancillary to the development4.1for which consent is sought.

Powers of compulsory acquisition4.2

The main ancillary matter is that the Order seeks (1) powers ofcompulsory acquisition for land (and rights in or over land) that arerequired for, facilitate or are incidental to the Onshore Scheme undersections 122 and 159 of the 2008 Act and (2) the power to overrideeasements and other rights within the Order limits under sections120(3) and (4) and paragraphs 2 and 3 of Schedule 5 of the 2008Act. Justification for these powers is set out more particularly in thestatement of reasons (Document Reference 4.1), which accompaniesthe application.

Approach of book of reference and land plans4.3

The book of reference

The application for the Onshore Scheme is accompanied by a “book4.3.1of reference” as defined in Regulation 7 of the InfrastructurePlanning (Applications: Prescribed Forms and Procedure) Regulations2009 (the “Regulations”). It should be read in conjunction with:

the Order (Document Reference 3.1); and4.3.2

the twenty five “land plans” (Document Reference 2.1) with4.3.3drawing nos. HUMBCC-2014-1-JH-SH1 to HUMBCC-2014-1-JH-SH25,

which also accompany the application.

The book of reference is split into five parts, listing (in summary):4.3.4

in Part 1, the plots of land over which powers of compulsory(a)

acquisition or temporary possession are sought for thepurposes of the authorised development. These plots together

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form the “Order land”, more particularly defined in article 2of the Order;

in Part 2, any persons who “would or might” be entitled to(b)

make a claim under section 10 of the Compulsory PurchaseAct 1965 (the “1965 Act”) or Part 1 of the LandCompensation Act 1973 (the “1973 Act”) as a result of theOrder being implemented or as a result of the use of the landonce the Order has been implemented. The 1965 Act relatesto claims that may be made by those persons who have noland taken but who have the benefit of a right over the Orderland and whose right is interfered with or breached by theconstruction or use of the authorised development in such away as to depreciate the value of its own land. The 1973 Actrelates to claims by persons whose property is sufficientlyclose to be depreciated in value by execution of works for theauthorised development;

in Part 3, any persons who have rights over the Order land,(c)

which may be extinguished, suspended or interfered with dueto the carrying out of the authorised development;

in Part 4, any of the Order land in which the Crown has an(d)

interest; and

in Part 5, any Order land which falls into a "special category",(e)

i.e. forming part of a common, open space, National Trustland or fuel or field garden allotment.

The first page of each Part provides the statutory language4.3.5describing what it lists.

Types of land on the land plans

The land plans show three different types of land within the Order4.3.6land:

The land tinted dark grey is land which (if the Order is made)(a)

may be subject to the exercise of compulsory acquisition

powers (as further explained in paragraph 4.3.8 below). In

addition to those compulsory acquisition powers, this land mayalso be subject to the exercise of temporary possessionpowers for carrying out the authorised development generally

and maintaining it (as further explained in paragraph 4.3.9

below), which includes in particular carrying out drainage

works (as further explained in paragraph 4.3.10 below).

The land tinted light grey is land which (if the Order is made)(b)

may be subject to the exercise of temporary possession

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powers for carrying out the authorised development generally

and maintaining it (as further explained in paragraph 4.3.9

below), which, again, includes in particular carrying out

drainage works (as further explained in paragraph 4.3.10

below). The differentiating feature of this type of land is thatnone of the land tinted light grey is land that may be subjectto the exercise of compulsory acquisition powers under theOrder.

The land shown cross-hatched may (if the Order is made) be(c)

subject to the exercise of temporary possession powers for

drainage works (as further explained in paragraph 4.3.10

below). The differentiating feature of this type of land is thatnone of the cross-hatched land may be subject to the exerciseof compulsory acquisition powers under the Order and thepurposes for which temporary possession powers may be

exercised is narrower than that at paragraph 4.3.6(b) above.

In other words, the purpose of the differentiation above is to ensure4.3.7that the rights sought are proportionate to the requirements ofconstructing, operating and maintaining the authorised developmenton different parts of the Order land.

Compulsory acquisition powers and temporary possession

The compulsory acquisition powers to which the land tinted dark grey4.3.8relate are conferred by articles 23-27 (inclusive) of the Order. Theseare either:

referred to in this book of reference as “Permanent Type 1”(a)

i.e. the acquisition of all interests and estates in the land;and/or

referred to in this book of reference as “Permanent Type 2”(b)

i.e. the creation of the following permanent new rights inrelation to the land in a 24.4 metres wide strip of land (withinwhich a pipeline comprised in the authorised development (asdefined in article 2 of The Yorkshire and Humber (Carbon

Capture and Storage Cross Country Pipeline) Order 201[●])

may be located):

rights to construct lay inspect test maintain repair(i)

protect reconstruct replace dismantle remove or renderunusable the authorised development in upon and overthe land;

rights to use the authorised development for the(ii)

purposes for which it was designed;

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rights to enter, pass and repass with or without(iii)

vehicles over the said 24.4 metres wide strip of land forall purposes associated with these rights;

rights to prevent the planting or removal of any trees,(iv)

bushes or other fauna within the said 24.4 metres widestrip of land which could damage or obstruct theauthorised development or obstruct the undertakerfrom exercising its rights and powers in relation to theauthorised development (and which for the avoidanceof doubt shall not prevent the planting of conventionalcereal crops);

rights to prevent the construction of or remove any(v)

new building, structure or erection which is within thesaid 24.4 metres wide strip of land;

rights of continuous vertical and lateral support for the(vi)

pipeline and ancillary apparatus (if any) within the said24.4 metres wide strip of land;

rights to install, adjust, alter and remove cathodic(vii)

protection test posts, aerial markers, field boundarymarkers transformer rectifier kiosks and electricitycabinets;

rights to prevent anything being done or caused or(viii)

permitted to be done on the 24.4m wide strip of landthat is calculated or likely to interfere with or causedamage or injury to the authorised development or itsoperation and to require that all reasonable precautionsare taken to prevent such interference, damage orinjury;

rights to prevent without the prior written consent of(ix)

the undertaker (such consent not to be unreasonablywithheld or delayed) a material alteration being madeor caused or permitted to be made to, or the deposit ofanything being made on, any part of the 24.4m widestrip of land so as to interfere with or obstruct theaccess to the said strip of land or to the authoriseddevelopment or so as to lessen or in any way interferewith the support afforded to the authoriseddevelopment by the surrounding soil including mineralsor so as materially to reduce the depth of soil abovethe authorised development.

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Referred to in this book of reference as “Temporary - general”, the4.3.9temporary possession powers to which the land tinted dark grey andlight grey relate are more particularly described in articles 28 and 29and Schedule 9 of the Order and, in summary, authorise thetemporary possession of the relevant land for the construction and(for the duration of a five year maintenance period where theundertaker so chooses) the maintenance of the authoriseddevelopment on the terms set out in the those provisions.

Referred to in this book of reference as “Temporary - drainage”,4.3.10the temporary possession powers for “drainage works” (defined inarticle 2 of the Order) to which the land tinted dark grey and lightgrey and the land shown cross-hatched relate are more particularlydescribed in articles 28 and 29 and Schedule 9 of the Order and, insummary, authorise the temporary possession of the relevant landfor the construction of the drainage works and (for the duration of afive year maintenance period where the undertaker so chooses) themaintenance of the authorised development on the terms set out inthe those provisions.

Statutory instrument4.4

The Order seeks to apply and modify certain statutory provisions asset out below in this explanatory memorandum, in particular inrelation to compulsory acquisition, under section 120(5) of the 2008Act. Accordingly, pursuant to section 117(4) of the 2008 Act, theOrder is set out in the form of a statutory instrument.

Other ancillary matters4.5

Other ancillary matters include, for example, the maintenance andoperation of the Onshore Scheme, the improvement, alteration andtemporary stopping up of lengths of existing highways necessary forthe Onshore Scheme, the creation of new private means of access,the interaction between leases of the Onshore Scheme and landlordand tenant law and provision for disputes and appeals under the

Order. These are more particularly described at paragraph 5 below.

THE DRAFT ORDER5

The purpose and effect of the Order are summarised as follows:

Preamble to the Order5.1

As with every statutory instrument, the Order is introduced by apreamble, which amongst other things, recites the powers underwhich the instrument would be made.

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Part I of the Order - Preliminary5.2

Part I of the Order contains preliminary provisions.

Article 1 (citation and commencement) provides for thecommencement and citation of the Order.

Article 2 (interpretation) follows article 1 of the DCO ModelProvisions and provides for the interpretation ofwords and phrases used in the Order. The definitionsin article 1 of the DCO Model Provisions have beenamended and supplemented to reflect the particularcircumstances of the authorised development.

Amongst other things:

“approved plans” means the plans listed in•

Part 4 of Schedule 2 (plans) to the Order,with which the authorised development mustbe carried out in accordance (unlessotherwise set out in the Requirements, forexample where approval of detailed design isto follow the making of the Order). Thematter of approved plans is dealt with atRequirement 3 in Schedule 3 (requirements);

The term “drainage works” is defined for the•

purposes of article 6(2), which clarifies thatthese can be constructed within the Orderlimits;

“Maintain” is defined as including “inspect,•

examine, monitor, test, repair, set up,configure, dismantle and/or reconstruct theauthorised development and/or replace partor a section of the authorised developmentwith a part or section which materially servesthe same purpose”. Save for “dismantle”“examine”, “monitor”, “set up” and“configure” all of these elements are derivedfrom Article 1 of Schedule 2 to the DCOModel Provisions. It is appropriate thatmaintenance should include the ability of theundertaker to inspect, examine, test andmonitor the authorised development toascertain the extent of maintenance required.

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“Set up” and “configure” relate to equipmentand apparatus comprised in the authoriseddevelopment. “Repair” and “dismantle”, byway of their plain meaning, relate todevelopment already constructed at the timeof maintenance, rather than potential for theconstruction of new development.“Reconstruct” is necessary, particularly in theevent that the authorised development, orpart of it, were damaged such thatreconstruction were required, and it wouldnot be appropriate in such circumstances fora nationally significant infrastructure projectto require a new development consent orplanning permission, particularly when a plainEnglish interpretation of “reconstruct” mustrelate to a reconstruction of what had existedpreviously rather than unenvisageddevelopment and, in any event, article 5(a)(maintenance of authorised development)makes it clear that the power to maintain issubject to the proviso that followingreconstruction, the authorised developmentmay not, save in immaterial respects, varyfrom the description of it given in Schedule 1(authorised development). “Replace”, againfrom the DCO Model Provisions, is qualifiedtwofold: first by clarification that replacementmust be of part or a section of the authoriseddevelopment with a part or section whichmaterially serves the same purpose (ratherthan by unenvisaged development, forexample); secondly by way of the proviso atarticle 5(a) that “maintenance” cannot varyfrom the description of the authoriseddevelopment given in Schedule 1 (authoriseddevelopment). The above amendments arepermitted by section 120(5)(c) of the 2008Act, as they give full effect to the power tomaintain the authorised development underarticle 5 (maintenance of authoriseddevelopment). The above definition of“maintain”, as qualified in article 5(maintenance of authorised development)also complies with the relevant case lawtests, as it would not permit the constructionof a project “which could be very different inscale or impact from that applied for,

15

assessed or permitted” (R (MidcountiesCo-operative Ltd) v Wyre Forest DC [2009]EWHC 964 (Admin)). This is because theInfrastructure Planning (EnvironmentalImpact Assessment) Regulations (the “EIARegulations”) require the assessment of aproject’s likely “significant” effects. Theundertaker has already considered andassessed the likely significant effects of theauthorised development, as defined inSchedule 1 of the Order, in accordance withthe EIA Regulations (see the EnvironmentalStatement (document reference 6.0) and nomaterially new or different likely significanteffects may arise as a result of maintenanceof the authorised development, becauseeither those maintenance works will not leadto any variation in the authoriseddevelopment (the likely significant effects ofwhich have been assessed) or, if they did,the variation in the authorised developmentwould not be immaterial, and the effectswould fall foul of the restriction in Article5(b). If the Secretary of State is minded thatit is appropriate in the public interest for theauthorised development to be constructedand brought into operation (which would beconsistent with what is said in the NationalPolicy Statement about carbon capture andstorage being “a priority for UK energypolicy” – see paragraph 3.6.5) it is essentialthat the Order allows the authoriseddevelopment to be kept in operation to fulfilits important function without unduerestrictions, as set out in this definition.

the definition of “Order land” is brought in•

line with section 159 of the 2008 Act, whichclarifies that for the purposes of Part 7 of the2008 Act, “land” includes any interest in orright over land: it is appropriate that thesame applies in this definition as the book ofreference (Document Reference 4.3) providesfor the acquisition of both land and interestsin and rights over land. Further, it is clarifiedthat the land within the Order limits may alsobe “used”, i.e. in accordance with temporarypossession powers pursuant to articles 28

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(temporary use of land for carrying out theauthorised development) and 29 (temporaryuse of land for maintaining the authoriseddevelopment);

the definition of “relevant planning authority”•

has been amended to clarify that the relevantplanning authority will be the district planningauthority for any area of land to which anyparticular provision relates; and for clarity onthe face of the draft Order, this articlespecifies who these bodies currently are;

the definition of statutory undertaker•

removes references to sections 128 and 129of the 2008 Act as these were repealed bythe Growth and Infrastructure Act 2013;

the definition of “street authority” has the•

same meaning as in section 49 of Part 3 ofthe New Roads and Street Works Act 1991(i.e. for publicly maintainable highway: the“highway authority”; for other highway: the“street managers”), as per the DCO ModelProvisions, but for consistency it is madeclear that the definition of “highwayauthority” in section 49 should relate back tothe Order definition, meaning either EastRiding of Yorkshire Council or North YorkshireCounty Council, for the purposes of theOrder;

at the request of North Yorkshire County•

Council, for the purposes of Article 17 (trafficregulation) a definition for “traffic authority”has been included, by reference to the RoadTraffic Regulation Act 1984;

the definition of “watercourse” from article 2•

of Schedule 1 of the DCO Model provisionsrelates only to article 19 (discharge of water),for which it was intended in the Modelprovisions, and has therefore been insertedat article 19(8)(b) for ease;

A definition of “flood risk assessment” is•

provided for the purposes of Article 49(certification of plans etc.) and Requirement9 of Schedule 3 (requirements). Similarly

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“Barmston Pumping Station parameter plan”,“Camblesforth Multi-junction parameterplan”, “code of construction practice” and“drainage strategy” are defined for thepurposes of Article 49 (certification of plansetc.). However, these definitions are providedby reference to meanings given in theRequirements: it is considered easier for thereader of the Requirements to find termsused only in particular Requirements inSchedule 3 (requirements) substantivelydefined in that Schedule rather than havingto refer to the start of the DCO in Article 2only because the documents appear in thecertification list at Article 49 (certification ofplans etc.).

Paragraph (2) provides that apart from the definitionof the “undertaker”, the definitions in paragraph (1)do not apply to Schedule 10 (deemed marine licenceunder Part 4 (Marine Licensing) of the Marine andCoastal Access Act 2009). This is because Schedule 10has its own set of definitions and, whilst the deemedmarine licence is in law merely another schedule ofthe draft Order to be made by the Secretary of State,rather than the Marine Management Organisation(“MMO”), in practice the licence is likely to beconsidered by contractors and agents as aself-contained document. Significant cross-referencesto the draft Order would then be unduly complex.Moreover, if the licence is varied by the MMO undersection 72 (variation, suspension, revocation andtransfer) of the Marine and Coastal Access Act 2009,the draft Order will become increasingly remote,making cross-reference to it more burdensome.

Paragraph (3) specifies that the definition of“undertaker” in paragraph 1 does not apply toSchedule 11 (protective provisions). This is because inSchedule 11, so as to avoid any confusion, NationalGrid Carbon is referred to as “the promoter” on thebasis that in protective provisions the term“undertaker” is commonly used to relate to therelevant statutory undertaker in whose favour theprotective provisions are made.

Further, it is clarified:

at paragraph (4) that, as with recent DCOs,•

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including at article 1(2) of the Hinkley Point C(Nuclear Generating Station) Order 2013,references to rights over land include rightsin relation to and under that land as well asabove it;

at paragraph (5) that all distances, directions•

and lengths referred to in the Order, such asin the works plan, land plan and otherdrawings, are approximate and distancesbetween points on a work are to be taken tobe measured along that work. In particularin respect of scheduled linear works referredto in this Order all distances are measuredalong the indicative pipeline route as shownon the works plans for that work. This is toensure consistency between interpretation ofthe Order and the documents to which itrefers;

at paragraph (6) that all areas described in•

metres in the book of reference areapproximate;

at paragraph (7) that a reference in the•

Order to a work designated by a number, orby a combination of letters and numbers (forexample “Work No. 2”) is a reference to oneof the works listed in Schedule 1 (authoriseddevelopment);

at paragraph (8) that a reference in the•

Order to a document or plan required to besubmitted for certification under article 49(certification of plans etc.) is a reference tothe version of that document or plan that hasbeen so certified;

at paragraph (9) that a reference in the•

Order to legislation includes that legislationas amended.

Article 3 (application, modification and disapplication oflegislative provisions) has similar effect to article 6 ofSchedule 1 of the DCO Model provisions.

Paragraph (1) would provide for the application,modification and exclusion of public general legislationset out in Part 1 of Schedule 12 (miscellaneous

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controls). This is only used as a drafting mechanismfor the purposes of SSSI consent, and for applyingcertain regulations under the Pipeline SafetyRegulations 1996 which would otherwise not apply tothe authorised development, as more particularlyexplained in respect of Schedule 12 below.

Paragraphs (2) to (4) would exclude byelaws andstatutory provisions of local application having effect,but only so far as these would be inconsistent withpowers exercised under the Order. Although theundertaker has made diligent efforts to search forrelevant local legislation and byelaws, and sets outamendments to particular known byelaws of internaldrainage boards at Part 2 of Schedule 12 (explainedmore particularly in the row of this table which relatesto that Schedule below), such searches can never beentirely definitive. Accordingly, paragraph (2) extendsexclusion to any statutory provision of localapplication to avoid any unknown local legislationacting as an impediment to the Onshore Scheme. Forthe avoidance of doubt, paragraph (3) further clarifiesthat certain key activities necessary for theconstruction, operation and maintenance of theauthorised development, which could otherwise becompromised by common provisions in localenactments or statutory provisions of localapplication, are allowed under the Order.

East Riding of Yorkshire Council (“ERYC”) hasbrought to National Grid’s attention that, in itscapacity as Lead Local Flood Authority, it will in duecourse bring forward byelaws which are likely toconflict with activities required for the carrying out ofthe authorised development but which may notprovide scope for consent under the terms of thosebyelaws. Paragraph (5) therefore provides that anybyelaws made by ERYC in its capacity as lead localflood authority are excluded if the provision:

(a) would prevent or restrict the taking of any actionunder the Order; and

(b) does not include provision that would permit thetaking of that action with the consent of ERYC, aninternal drainage board or the Environment Agency.

This approach differs to that taken in respect ofinternal drainage boards described in respect of

20

paragraphs 1 to 8 of Part 2 of Schedule 12. This isbecause those bodies currently have byelaws in placewhich may be amended for the purposes of the Orderto enable scope for consent, whereas the terms ofany ERYC byelaws are not known at this time.

ERYC is awarehas agreed the terms of this provision. It will therefore be able to and confirmed that it will at the appropriate time add savings provisions in itsbyelaws in respect of the Order to reflect that therelevant ERYC byelaws enable scope for consentrather than being outright prohibitions. Insertingsavings for particular bodies or particularcircumstances is common. This would mean thatparagraph (5) may never have practical effect onceERYC includes those savings, as it would only apply tobyelaws which do not allow scope for consent.Nevertheless, in the context of the certainty requiredby a nationally significant infrastructure project, it isimportant that this paragraph be included in theOrder.

Separately, as a safeguard, under paragraph (6) if theundertaker is notified by anyone that anything to bedone under the Order would contravene a statutoryprovision of local application, the undertaker has torespond within 14 days setting out whether it agreesthat there would be a contravention and the groundson which it believes the article is excluded and theextent of that exclusion.

The provisions of this article may be made pursuantto section 120(5)(a) of the 2008 Act. That sectionprovides that an Order granting development consentmay apply, modify or exclude a statutory provisionwhich relates to any matter for which provision maybe made in the Order.

PART II OF THE ORDER - WORKS PROVISIONS6

Principal powers6.1

Articles 4 to 7 of the Order contain provisions for the principal powersneeded for the authorised development.

Article 4 (development consent etc. granted by the Order) isbased on Article 2 of Schedule 1 of the DCO Model

21

Provisions and grants development consent for theauthorised development to be carried out within theOrder limits and maintained.

The authorised development means the developmentunder sections 14(1)(g) and 21 of the 2008 Act andassociated development under section 115 of the2008 Act. Schedule 1 (authorised development)describes the authorised development.

Development consent for the authorised developmentis subject to the requirements set out in Schedule 3(requirements).

Sub-paragraph (b) of the article provides for consentto operate and use the authorised development forthe purpose for which it is designed. Section 157(2)of the 2008 Act expressly allows the authorisation foruse of a “building” for the purpose for which it isdesigned. However, the authorised developmentincludes key elements, such as the pipeline, which arenot buildings and therefore the clarification providedin sub-paragraph (b) is necessary. Such a paragraphmay be included in the Order because such provisionis sensible and section 120(3) of the 2008 Act allows adraft Order to make provision relating to thedevelopment for which consent is granted.

Article 5 (maintenance of authorised development) follows thewording of article 3 of Schedule 1 of the DCO ModelProvisions, providing for the maintenance of theauthorised development, save that it clarifies for theavoidance of doubt that following maintenanceactivities being completed the resulting works maynot vary from the description of those works inSchedule 1 (authorised development).

Article 6 (limits of deviation) The works plans set out that thelimits of deviation for where the pipeline is to belocated are narrower than the construction corridor,i.e. the Order limits, required for construction of thepipeline. Accordingly, in terms of lateral limits ofdeviation, article 6 of Schedule 2 of the DCO ModelProvisions has been tailored to clarify for theavoidance of doubt that whilst the ultimate location ofworks themselves fall within the limits of deviation,the construction activities for those works may becarried out anywhere within the Order limits (providedthat they are permitted by the Order). This does not

22

apply to the drainage works: it is clarified in thearticle that these may be located anywhere within theOrder limits.

In terms of vertical limits of deviation:

it should be noted that the Order does not•

use such limits in respect of development atabove ground installations as a proxy for theconcept of a building envelope, whereinstead the conventional approach fordefining built development is adopted by wayof Requirements 3 (approved details), 5(Barmston Pumping Station) and 6(Camblesforth Multi-junction design) and theapproved plans listed in Part 4 of Schedule 2(approved plans).

paragraph (3) clarifies that aerial markers,•

cathodic protection test posts and fieldboundary markers may be up to 3 metreshigh;

paragraph (4) specifies that the authorised•

development may deviate vertically fromground surface levels to any extentdownwards as may be found to be necessaryor convenient. This wording is directly fromarticle 6(b)(ii) of Schedule 2 of the DCOModel Provisions and article 5(b)(ii) of theTWA Model Provisions. It is common in linearprojects: see article 8(b)(ii) of the NetworkRail (North Doncaster Chord) Order 2012 andarticle 7(b)(ii) of the Network Rail (IpswichChord) Order 2012, for example. Although aminimum depth of cover, in terms of howmuch ground must be kept above a pipeline,is relevant because of receptors above it,such as roads and rivers, for example (andsuch depths of cover are secured by way ofthe description in relevant Work Nos. inSchedule 1 (authorised development)), theamount of ground which is to lie beneath apipeline does not need to be constrained.Indeed, an element of flexibility as to howdeep a pipeline is to be installed is necessaryso that installation can be carried out in linewith the ground conditions ascertainedduring construction, and this is recognised in

23

both the DCO and TWA Model Provisions. Inany event, there is no material prejudice toland ownership the deeper a pipeline isinstalled.

Article 7 (defence to proceedings in respect of statutorynuisance) follows article 7 of Schedule 1 of the DCOModel Provisions and provides that no one can bringstatutory nuisance proceedings under theEnvironmental Protection Act 1990 in respect of noise,if:

the noise relates to premises used by the•

undertaker for the purposes of or inconnection with the construction ormaintenance of the authorised developmentand notice has been given under section 60or consent obtained under section 61 or 65 ofthe Control of Pollution Act 1974 or it isunavoidable; or

the noise relates to premises used by the•

undertaker for the authorised developmentand the authorised development is beingused in accordance with a scheme for noisemanagement approved by the relevantplanning authority as described in paragraph15 of Schedule 3 (requirements) of the draftOrder.

Benefit of Order6.2

Articles 8 and 9 of the Order contain provisions relating to the benefitand transfer of the benefit of the Order.

Article 8 (benefit of Order) follows article 4 of Schedule 1 ofthe DCO Model Provisions and would, subject toarticle 9 (transfer of benefit of Order) of the Order,grant only National Grid Carbon Limited the benefit ofthe Order rather than allowing the benefit to run withownership of the land as envisaged by the 2008 Act.

Paragraph (2) excepts where works are carried outfor the benefit or protection of persons or landaffected by the authorised development, so that it isclear that in these cases the benefit of the “planningpermission” equivalent of the Order, i.e. development

24

consent, for those mitigation works is not personal tothe undertaker but also for the users of the relevantland.

Article 9 (transfer of benefit of Order) follows article 5 ofSchedule 1 of the DCO Model Provisions and wouldprovide for the permanent or temporary transfer ofthe benefit of the Order, subject to the consent of theSecretary of State and the transferee being subject tothe same restrictions, liabilities and obligations placedupon National Grid Carbon under the Order.

Streets6.3

Articles 10 to 18 of the Order contain provisions relating to streets.

Article 10 (street works) follows article 8 of Schedule 1 of theDCO Model Provisions and would confer, for thepurposes of the authorised development, authority onthe undertaker to break open (including for thepurposes of carrying out surveys); tunnel under;place or change the position of apparatus or executeany works incidental to these works in or undercertain streets, which are specified in Schedule 4(streets subject to street works) and within the Orderlimits, for the purposes of the authoriseddevelopment.

The authority given by this article is a statutory rightfor the purposes of sections 48(3) (streets, streetworks and undertakers) and 51(1) (prohibition ofunauthorised street works) of the New Roads andStreet Works Act 1991 (the “1991 Act”), whichmeans that the Order replaces the need for a streetworks licence under the 1991 Act.

Paragraph (3) confirms that the provisions of sections54 to 106 of the 1991 Act apply to any street works(as defined in that Act) carried out under this powerapart from the following exceptions:

an undertaker does not ordinarily need the•

consent of the street authority for placingapparatus in a protected street if it has astreet works licence (see section 61(2) of the1991 Act). The equivalent of that licence iscomprised in paragraph (1). Accordingly,

25

sub-paragraph (3)(a) confirms that thismeans that the undertaker does not needfurther consent from the highway authorityfor placing apparatus in the course of theauthorised development. This is necessarybecause the highway authority has identifiedthe A1034 and A1079 as “protected streets”,the pipeline will be crossing these and thehighway authority has in pre-applicationdiscussions not indicated any objection tothat.

sections 62(2) and 62(4) of the 1991 Act•

allow the Secretary of State following thedesignation of a protected street to requireremoval or repositioning of apparatus alreadyplaced in the street, or if works are still inprogress, to give directions in respect ofthose. It is therefore sensible forsub-paragraphs (3)(b) and (c) to disapplythese in relation to apparatus placed in thecourse of the authorised development, incase streets in which the pipeline is placedare in future designated as protected streets,as the pipeline is a nationally significantinfrastructure project requiring certainty thatit will not have to be moved.

•

In this article, “apparatus” has the same meaning asin Part 3 of the 1991 Act. However, for the purposesof the draft Order this has been expanded to includeaerial markers, cathodic protection test posts and fieldboundary markers as it will be necessary to placethese along the pipeline route. Pipelines, transformerrectification kiosks and electricity cabinets are alsoclarified as being included within the definition of“apparatus”.

Article 11 (power to alter layout, etc., of streets) is based onarticle 6 of Schedule 2 of the TWA Model Provisionsand would allow for the layout of the existing streetsspecified in Schedule 5 (streets subject to alteration oflayout) to be altered to ensure that these areappropriately configured to merge with the new roadscomprised in Work Nos. 4C, 3G, 6C, 8B, 9C, 11C, 12and 14B which connect the AGIs to the existinghighway network in Schedule 1 (authorised

26

development) of the Order.

Paragraph (2) confers a broader power to alter thelayout of any street within the Order limits for thepurposes of constructing and maintaining theauthorised development. However, this broaderpower is limited by the consent of the streetauthority, not to be unreasonably withheld ordelayed.

This provision falls under item 15 of part 1 ofSchedule 5 of the 2008 Act, namely the carrying outof civil engineering or other works, and is permittedto be included in the draft Order under Section 120(3)of the 2008 Act.

This provision is also necessary and expedient underSection 120(5)(c) of the 2008 Act to give full effect toarticle 4 (development consent etc. granted by theOrder) which authorises the new roads comprised inWork Nos. 3G, 4C, 6C, 8B, 9C, 11C, 12 and 14B inSchedule 1 (authorised development) of the Order.Article 11 also has precedent in recent linear schemesauthorised under the Transport and Works Act 1992(e.g. at article 7 of the Network Rail Hitchin(Cambridge Junction Order) 2011) and the 2008 Act(e.g. article 10 of the Network Rail (North Doncasterchord) Order 2012) and article 8 of The LancashireCounty Council (Torrisholme to the M6 Link (A683Completion of Heysham to M6 Link Road)) Order2013.

Paragraph (4) is not from the DCO Model provisionsbut sets out a list of the types of works to streetswhich may be carried out to the streets listed inSchedules 4 (streets subject to street works) and 5(streets subject to alteration of layout). These includethe right to:

demolish, remove, replace and relocate any•

bus shelter and associated bus stopinfrastructure;

execute any works to provide or improve•

sight lines required by the highway authority;

remove and replace kerbs and flume ditches•

for the purposes of creating permanent andtemporary accesses;

27

execute and maintain any works to provide•

hard and soft landscaping;

carry out re-lining and placement of new•

temporary markings; and

carry out works required that are incidental•

to those kinds of works.

These items are often added by promoters ofdevelopment consent orders into the list of works tobe carried out pursuant to the power equivalent to astreet works licence under the 1991 Act, i.e. article 10(street works) but such a licence relates to the placingof apparatus rather than works to streets of this kindnot necessarily related to the placing of apparatus;and for that reason these items are moved to thisprovision in respect of alterations of highway layoutas the more appropriate provision to which theyrelate. This element of the provision may be includedin the Order because it provides for the carrying outof civil engineering or other works related to theauthorised development, as permitted by sections120(3) and (4) together with item 15 of Part 1 ofSchedule 5 of the 2008 Act. The provision is alsonecessary and expedient to give full effect to thepower to carry out the authorised development underarticle 4 of the draft Order (development consent etc.granted by the Order), as permitted under Section120(5) of the 2008 Act.

Article 12 (construction and maintenance of new, altered ordiverted streets) is based on article 10 of Schedule 2of the DCO Model Provisions and creates amechanism whereby any new street constructedunder the Order will, if notice has been served on thehighway authority, after a 12 month maintenanceperiod, and provided that it is completed to thereasonable satisfaction of the highway authority beadopted for maintenance at the public expense. Theequivalent DCO Model Provision, article 10, has onlybeen modified so that:

adoption is by notice rather than automatic•

on the above criteria being met. This isbecause not all streets to be constructedunder the Order, such as the access roads tothe AGIs, are to be adopted and the intention

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is for them to remain private, save forelements of junctions joining existinghighway to be determined followingconstruction. Similar provision is made inparagraph (2) in the case of alterations anddiversions, where it is expected that thehighway authority would require all suchalterations or diversions to be adopted, sothe DCO Model Provisions are followed in thisregard without reference to a notice system;

at the request of North Yorkshire County•

Council, paragraph (2) clarifies that themaintenance period, prior to adoption ofworks as public highway maintainable at thepublic expense, continues until theundertaker has reinstated and makde gooddamage or defects in the works.

Paragraph (3) of this article provides that any streetconstructed pursuant to the Order (which was notpreviously part of the public highway) will be deemedas dedicated as public highway on prior notice beinggiven to the highway authority (and if different thestreet authority). This is intended to make provisionfor the dedication of new streets, or parts of streets,constructed under the Order. This mechanism fordedication is complementary to the mechanism fromthe DCO Model Provisions at paragraphs (1) and (2),which instead relate to the terms on which:

new streets (such as access roads to the•

AGIs) are to be adopted as maintainable atthe public expense by the local highwayauthority; or

altered parts of streets (such as those which•

are altered or diverted in connecting AGIaccess roads to existing public highway) areto be adopted as maintainable at the publicexpense by the local highway authority.

It is not proposed that any new streets constructedpursuant to the Order that will be private will also beleft in the ownership of a third party land owner andthe book of reference (Document Reference 4.3)secures the relevant land.

Paragraph (4) of this article excludes from its scope

29

the structure of any bridge carrying a street as theresponsibility for maintaining the structure of anybridge will remain with the owner of the relevantbridge.

Following article 10 of Schedule 2 of the DCO ModelProvisions, further incidental provision is made for theundertaker to have a defence against claims for lossor damage resulting from failure to maintain anystreet under this article if he can prove that he tookall care reasonably necessary in the circumstances toensure that the relevant part of the street was notdangerous to traffic. The article sets out factors whicha court can take into account in considering thisdefence. No offence is created.

Article 13 (permanent stopping up of streets) follows article 9 ofSchedule 1 of the DCO Model Provisions and wouldprovide for the permanent stopping up of any streetso long as the prior approval of the local highwayauthority has been given.

In relation to such streets, the local highway authoritymay require a substitute. There are other safeguardsfor where no substitute is to be provided for a streetstopped up, including ensuring that the undertakereither owns the land either side of the street beingstopped up, there being no right of access hinderedor there being another reasonably convenient access.There is provision for compensation.

Where a section of street is stopped up, all rights ofway over the street are extinguished and theundertaker may use it for the purpose of theauthorised development.

No such permanent stopping up is currentlyenvisaged but the undertaker considers it appropriateto include this provision for the following reasons:

the authorised development covers a wide•

geographical area, being an approximately67km long cross-country pipeline betweenCamblesforth Multi-junction and the coast(plus approximately a further 5.6km betweenthe Camblesforth Multi-junction and Drax);

there may be cases where in future it is•

asserted that the highway boundary is not as

30

shown on the local highway authorities’ plansof the extent of public highway (as suchplans are never considered definitive) orhighway is created within the Order limitsafter the Order is made but before it isconstructed. The risk is all the greaterbecause of the length and linear nature ofthe authorised development;

such newly asserted or simply new public•

highway could impede the construction,maintenance or operation of the authoriseddevelopment if not permanently stopped up;

this residual power therefore provides•

certainty for the construction of a linearscheme the scale and length of theauthorised development, proportionate to itsurgency in policy: as set out above,paragraph 3.6.5 of EN-1 describes carboncapture and storage as “a priority for UKenergy policy”, even amongst the urgency ofother nationally significant energy projects;

the 2008 Act provides that particular•

provision may be made in an order grantingdevelopment consent for “The stopping ordiversion of highways” (Sub-sections 120(3)and (4) and paragraph 17 of Part 1 ofSchedule 5). Providing a mechanism forpermanently stopping up highway is a matterwhich relates to or is ancillary to thisdevelopment for the purposes of sub-sections120(3);

a key objective of the Government under the•

2008 Act is to provide as far as possible a“one stop shop” in terms of consentsrequired for nationally significantinfrastructure projects, so it is entirelyappropriate for this residual power to becontained in the Order. The objective is notto compel promoters to seek powers such asthis, which are available elsewhere, outside ofthe Order. This is not only for the purpose offacilitating the more expeditious authorisationand implementation of nationally significantinfrastructure projects in the nationalinterest. It is also (1) to ensure that the

31

safeguards contained in the Order will applyto powers required for the project in questionand (2) all parties can see and understandthe extent of powers and restrictions on themin one place: in the Order.

Article 14 (temporary stopping up of streets and public rights ofway) follows article 11 of the DCO Model Provisionsbut has been expanded to deal also with public rightsof way because the DCO Model provisions contain noprovision for the temporary stopping up of such rightsof way but only for permanent extinguishment. Thiswould provide for either the temporary stopping up,alteration or diversion:

of those streets and rights of way listed in•

Schedule 6 (streets and rights of way etc. tobe temporarily stopped up) to the Order,following consultation with the relevant localhighway authority; and

of any streets and rights of way (whether or•

not within the Order limits) subject to theconsent of the relevant local highwayauthority, which may attach reasonableconditions to that consent but cannotunreasonably withhold or delay it. Thereasons for inclusion of residual provision forpotentially temporarily stopping up currentlyunspecified streets and rights of way are thesame as in respect of Article 13 (permanentstopping up of streets), described in the rowabove.

The Order may make provision for the stopping up ofhighways under sections 120(3) and 120(4) and item17 of Part 2 of Schedule 5 of the 2008 Act. The rightsof way to which this article refers are as muchhighways for the purposes of item 17, being anotherform of public highway, as the streets to which article11 of the DCO Model Provisions refers and on whichthis article is based.

Sub-paragraph (1)(a) of the article clarifies that botha class of traffic as well as traffic generally can bediverted under this power and is included to reduceinconvenience to the public where possible.

This provision is necessary and expedient under

32

section 120(5)(c) of the 2008 Act to give full effect toarticle 4 (development consent etc. granted by theOrder) because the streets or rights of way listed atSchedule 6 (streets and public rights of way to betemporarily stopped up) need to be stopped up,primarily to allow the laying of the cross-countrypipeline across these.

Article 15 (apparatus and rights of statutory undertakers inpermanently stopped up streets) is derived fromarticle 32 of Schedule 1 of the DCO Model Provisionsand would provide that the undertaker may, where astreet is permanently stopped up, require thestatutory undertaker to relocate affected apparatus orprovide other apparatus in substitution for theexisting apparatus. The statutory undertaker is to bereimbursed in such circumstances. Otherwise, astatutory undertaker retains the same powers andrights in respect of its apparatus under permanentlystopped up streets which it would have had if theOrder had not been made.

Article 16 (access to works) follows article 12 of Schedule 1 ofthe DCO Model Provisions and confers upon theundertaker powers for the purposes of the authoriseddevelopment to provide or improve access asspecified in Schedule 7 (access to works).

Similar powers are conferred in relation to any otherlocations within the Order limits reasonably requiredin relation to the authorised development, providedthat the relevant planning authority provides approvalfollowing consultation with the highway authority,which is not to be unreasonably withheld or delayed.

Article 17 (traffic regulation) is not from the DCO ModelProvisions, but is based on article 41 of Schedule 2 ofthe TWA Model Provisions for tramways, i.e. for linearprojects, and article 39 of the Network Rail (NorthDoncaster Chord) Order 2012.

It would allow the undertaker to put in placetemporary and traffic regulation measures subject tothe consent of the traffic authority should this benecessary for the purpose of the construction,maintenance and operation of the authoriseddevelopment, for example should the traffic authorityrequire traffic lights and/or a left turn sign only as aresult of junction modifications comprised in the

33

authorised development. It can be included in theOrder under sections 120(3) and 120(4) and item 20of Part 2 of Schedule 5 of the 2008 Act.

Article 18 (agreements with street authorities) follows article 13of Schedule 1 of the DCO Model Provisions and wouldallow the undertaker to enter into agreements withstreet authorities which could devolve theundertaker’s powers under the Order to the authorityin respect of the construction of new streets; theimprovement of existing streets; the stopping up,alteration or diversion of streets; and street workslisted in the Order. Note that this power is a separatematter to agreements under section 278 of theHighways Act 1980. Agreements under that sectiondo not relate to powers under the Order but insteadto a local highway authority devolving its powersunder that section to a developer, rather than thedeveloper devolving its powers under the Order to alocal highway authority, which is the purpose of thisarticle.

Sub-paragraph 1(b) departs from the DCO ModelProvisions and clarifies that an agreement may relateto strengthening, improving, repairing orreconstructing streets under the powers conferred bythe Order. As permitted by section 120(5)(d) of the2008 Act, this additional provision supplements thepower in sub-paragraph 1(a) for an agreement to beentered into for the construction of a street as well asarticle 5 of the Order (maintenance of authoriseddevelopment), which would allow for such streets tobe repaired. It also has precedent in article 17 of theNottingham Express Transit System Order 2009 andarticle 13 of the Network Rail (Hitchin (CambridgeJunction)) Order 2011.

At the request of North Yorkshire County Council, thearticle has also been revised to provide further legalcontext under the aegis of the Order, in addition toArticle 12 (Construction and maintenance of new,altered or diverted streets) for the highwaysagreement which the undertaker is negotiating with itin respect of the adoption of certain works comprisedin the authorised development as public highwaymaintainable at the public expense.

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Supplemental powers6.4

Articles 19 to 22 of the Order contain provisions relating tosupplemental powers.

Article 19 (discharge of water) follows article 14 of Schedule 1of the DCO Model Provisions and would enable theundertaker to discharge water into any watercourse,public sewer or drain in connection with the carryingout and maintenance of the authorised developmentwith the approval of the authority to which thewatercourse, public sewer or drain belongs andsubject to certain other conditions.

For the purpose of this article, public sewers or drainsmean those which belong to the Environment Agency,an internal drainage board, joint planning board, localauthority or a sewerage undertaker.

Paragraph (6) clarifies the wording from theequivalent paragraph of the DCO Model Provisions’article 14 that nothing in this article requiringavoidance of releasing impurities into publicwatercourses or drains requires the undertaker tomaintain either these or private drains comprised inthe authorised development: whilst any private drainson land of which temporary possession is taken forthe purposes of construction of the authoriseddevelopment must be reinstated to the satisfaction ofthe landowner pursuant to article 28(4), once theundertaker has vacated that land, the responsibilityfor maintenance of any private drains on private landresides with the landowner, as it did prior toconstruction of the authorised development.

The definition of “watercourse” at article 2 ofSchedule 1 of the DCO Model provisions is inserted atsub-paragraph 8(b) of this article for ease, ratherthan at article 2 of this Order, as this meaning ofwatercourse is used only in this article.

Reference to section 85 of the Water Resources Act1991, which appears in the DCO Model Provisions, hasbeen deleted. This is because this section has beenrepealed by, inter alia, paragraph 8(a) of Schedule 26of the Environmental Permitting (England and Wales)Regulations 2010 (the “Environmental Permitting

35

Regulations”). Instead, paragraph (7) of the articleis updated to refer to the successor regime under theEnvironmental Permitting Regulations. This approachwas accepted by the Secretary of State in article13(7) of the Network Rail (Ipswich Chord) Order 2012and at article 14(7) of the Rookery South (ResourceRecovery Facility) Order 2011.

Article 20 (protective work to buildings) follows article 15 ofSchedule 1 of the DCO Model Provisions and conferson the undertaker the right at its own expense tocarry out protective works to buildings within theOrder limits before or during construction of theauthorised development, in the vicinity of the buildingand for up to five years after that part of theauthorised development opens for use. Except in thecase of emergency, there are requirements for priornotice to be given to owners and occupiers.

Provision is also made for owners and occupiers toserve counter-notices questioning the necessity ofsuch protective works, with recourse to arbitrationand provision for compensation.

Article 21 (authority to survey and investigate the land) followsarticle 16 of Schedule 1 of the DCO Model Provisionsand confers on the undertaker power to survey andinvestigate land, to make trial holes and remove soilsamples, carry out ecological and archaeologicalinvestigations, place on/leave on/remove apparatusfor use in connection a survey, investigation or trialholes.

The power in the DCO Model Provisions is extendedto include the ability to take, and process, samples ofwater, air, soil or rock, flora, bodily excretions,non-human dead bodies, or any non-living thingpresent as a result of human action found on, in orover the land. This wording is not contained in theDCO Model Provisions. It reflects the wording ofsection 53(3A) of the 2008 Act which clarifies that theright to enter land for the purposes of surveyingincludes the power to take and process certain typesof samples. This may be included in a DCO undersection 120(4) and item 12 of Part 1 of Schedule 5 ofthe 2008 Act, which makes particular provision for theinclusion of powers for carrying out surveys or takingof soil samples.

36

The power to enter land and leave apparatus issubject to a requirement on the undertaker to give atleast 14 days’ notice to owners and occupiers of theland.

The undertaker may be asked to provide evidence ofits authority to enter the land.

Trial holes cannot be made on public highway withoutthe consent of the highway authority or on a privatestreet without the consent of the street authority, notto be unreasonably withheld or delayed. There is alsoprovision for compensation payments.

Article 22 (removal of human remains) is based on DCO ModelProvision article 17. It requires the undertaker,before it carries out any development or works whichwill or may disturb any human remains in any landwithin the Order limits, to remove those remains.Before removing any human remains, the undertakeris required to publish notice of its intention to do so.Notice is also required to be displayed near the siteand, as soon as reasonably practicable, after itspublication a copy should be sent to the relevantplanning authority.

Any relative or personal representative of anydeceased person whose remains are proposed to beremoved from any land within the Order limits mayundertake the removal of the remains themselves andarrange for those remains to be re-interred orcremated, the undertaker being responsible for thereasonable costs in doing so.

In the event that such relative or personalrepresentative does not remove the remains, theundertaker is required to comply with any reasonablerequest the relative or personal representative maymake in relation to the removal and re-interment orcremation of the remains.

Paragraph (12) clarifies that the removal of remainsunder this article must be carried out in accordancewith any directions which may be given by theSecretary of State.

Paragraphs (14) and (16) clarify that section 25 of theBurial Act 1857 (bodies not to be removed from burial

37

grounds save under faculty, without licence ofSecretary of State) and The Town and CountryPlanning (Churches, Places of Religious Worship andBurial Ground) Regulations 1950 (the “1950Regulations”) are disapplied in relation to theauthorised development. This is because thislegislation contains procedures for removing humanremains which conflict with or duplicate theprocedures set out in the DCO Model provisions.

Paragraph (15) applies to this Order sections 238 and239 of the 1990 Act, which ordinarily allow the use ofconsecrated land or burial grounds in accordance witha planning permission notwithstanding ecclesiasticallaw, so that land acquired for the authoriseddevelopment or temporarily used or in relation towhich rights are acquired, has the same benefit ofthose 1990 Act sections as it would have done if theOrder had been a planning permission.

PART III OF THE ORDER - ACQUISITION AND POSSESSION7

OF LAND

Powers of acquisition7.1

Articles 23 to 27 of the Order contain provisions for the compulsoryacquisition of land and for the payment of compensation.

Article 23 (compulsory acquisition of land) follows article 18 ofSchedule 1 of the DCO Model Provisions. It authorisesthe compulsory acquisition of land shown on the landplan and described in the book of reference, so far asit is required for the authorised development, tofacilitate it or is incidental to it.

The article further makes provision for the dischargeor suspension of rights, trusts and incidents to whichthe land was previously subject so far as theircontinuance would be inconsistent with the exerciseof the powers under this Order. “Suspension” is notincluded in the relevant DCO Model Provision but isincluded here to allow the undertaker to minimiseprivate rights discharged where it is of the view thatpermanent discharge is not necessary. This is a moreproportionate approach than article 18 of Schedule 1of the DCO Model Provisions which would otherwise“cleanse” the title of even those rights which theundertaker considers consistent with the authorised

38

development.

Paragraph (3) of the article specifies that a personwho suffers the loss of a private right of way underthis article is entitled to compensation, a paragraphwhich is repeated in article 37 of the Order, whichcreates a specific mechanism for the undertakerconfirming that there is no need for theextinguishment of certain private rights of way. Theseprovisions both replicate articles 18(3) and 22(4) ofSchedule 1 of the DCO Model Provisions. Specificreference to “private rights of way” only in this article,duplicated in article 37, rather than to other privaterights, mirrors articles 18(3) and 22(4) of Schedule 1of the DCO Model Provisions. The DCO ModelProvisions in turn mirror section 236 of the 1990 Act(extinguishment of rights over land compulsorilyacquired), which states as follows:

(1) Subject to the provisions of this section, upon thecompletion of a compulsory acquisition of land undersection 226, 228 or 230—

(a) all private rights of way […] on, under or over theland shall be extinguished […]

(4) Any person who suffers loss by theextinguishment of a right […] under this section [i.e.a right of way over land] shall be entitled tocompensation from the acquiring authority.”

In other words, the equivalent articles 18 and 37 fromthe DCO Model Provisions imitate the elements ofsection 236 which extinguish private rights of way andclarify that compensation in certain circumstancesmay be available for the extinguishment of thatparticular species of private right. Following legalanalysis, it is not clear why the DCO Model Provisionsduplicate these elements in both their articles 18 and37 but the undertaker has no objection to followingthe tendentious approach of the DCO ModelProvisions in this regard, which supplement ratherthan replace the compensation code in this instance.However, as per section 236, it is not necessary orappropriate to extend reference to compensation forother private rights: any person from whom an estateor interest in land is acquired compulsorily, i.e. whohas a compensatable interest, has a right to a claim incompensation under longstanding heads of claim.

39

Nevertheless, it is an established principle of thecompensation code that this right is not expresslystated in any statute: a large and complex body ofcase law relates to it and seeking to set out such ageneral right in shorthand here would beunprecedented, unhelpful and unnecessary.

Article 24 (compulsory acquisition of rights) follows article 21 ofSchedule 1 of the DCO Model Provisions and wouldconfer on the undertaker the power to acquireexisting rights or create new rights in the Order landas described in the book of reference.

Upon acquisition or vesting, land over which newrights are acquired is discharged from existing rightsinsofar as the existing rights are inconsistent with thenew rights.

A person who suffers the loss of a private right of wayunder this article is entitled to compensation.

Paragraph (4) and Schedule 13 (modification ofcompensation and compulsory purchase enactmentsfor creation of new rights) are not from the DCOModel Provisions but mirror the wording of article27(3) and Schedule 11 of the Hinkley Point C (NuclearGenerating Station) Order 2013. These imposemodifications to the compulsory purchase andcompensation provisions under general legislation.They do not affect the entitlement to compensation,but generally ensure that the compensation procedureapplies to the additional categories of acquisitioncovered by the Order – the creation of new rights andthe imposition of restrictive covenants in particular.This is a consequence of the extension of landacquisition powers to these categories (done to allowlesser land interests to be acquired), and iscommonplace in Transport and Works Act orders andother compulsory purchase orders made by localauthorities. For the purpose of section 126(2) of theAct, the relevant compensation provisions aremodified only to the extent necessary to ensure thatthey apply properly to the acquisition of rights, andnot to affect the amount of compensation to whichlandowners would be entitled.

Article 25 (acquisition of subsoil only) is based on article 24 ofSchedule 1 of the DCO Model Provisions and wouldauthorise the undertaker to compulsorily acquire so

40

much of, or such rights in, the subsoil of land referredto in article 23(1) instead of acquiring the whole.

Further, the article confirms that in taking such asubsoil interest, the undertaker would not be requiredto acquire an interest in any remaining part of thatland.

Article 26 (power to override easements and other rights) doesnot derive from the DCO Model Provisions but closelymirrors section 237 of the Town and Country PlanningAct 1990 (the “1990 Act”) in keeping with similarapproaches at article 25 of the Hinkley Point C(Nuclear Generating Station) Order 2013 and article18 of the Rookery South (Resource Recovery Facility)Order 2011.

This article addresses the fact that it is not clearwhether the reference to discharging “rights, trustsand incidents” in articles 23(2) (compulsoryacquisition of land) and 24(2) (compulsory acquisitionof rights) of the draft Order, taken from the DCOModel Provisions, includes the discharge of itemslisted in section 237, namely easements, liberties,privileges, rights or advantages annexed to land andadversely affecting any other land, including anynatural right to support or restrictions as to the userof land resulting from a contract. In particular, thisresolves the doubt over the applicability of theseprovisions to restrictions on user.

This lack of clarity would not be a concern for a localplanning authority promoting compulsory purchasepowers to facilitate a development because undersection 237 it is entitled to carry out works on landwhich it has acquired or appropriated for planningpurposes, notwithstanding any interference with theitems listed in that section. However, the undertakerin this draft Order is not a local planning authority, soit is necessary to apply section 237 in an amendedform appropriate to the proposed development.

Sections 120(3) and (4) and item 2 of part 1 ofSchedule 5 of the 2008 Act confirm that the draftOrder may make provision, such as that in this article,relating to the compulsory suspension,extinguishment or interference with interests in orrights over land. Moreover, this article issupplementary (under section 120(5)(d) of the 2008

41

Act) to articles 23 (compulsory acquisition of land)and 24 (compulsory acquisition of rights) of the draftOrder and is necessary and expedient to give fulleffect to the development consent in article 4(development consent etc. granted by the Order) ofthe draft Order (as permitted by section 230(5)(c) ofthe 2008 Act).

Sub-paragraphs 26(1)(a) and (b) mirror section237(1).

The definition of “authorised activity” in this article isbased on the list of activities in sections 237(1) and237 (1A) of the 1990 Act but modified to be bespoketo the authorised development and the draft Orderand its powers: sub-paragraphs 2(a) and 2(b) specifysuch activities as being the erection, construction,carrying out, maintenance, or operation of any part ofthe authorised development or the exercise of anypower authorised by the Order. Sub-paragraph 2(c)clarifies that “use of any land” includes the“temporary use of land”. This gives full effect to thepowers under articles 28 (temporary use of land forcarrying out the authorised development) and 29(temporary use of land for maintaining the authoriseddevelopment) of the Order, which ought to becapable of use without constraint by the interests etc,rights or restrictions described in paragraph (3) of thisarticle.

Article 26(3) reflects section 237(2) of the 1990 Actbut also applies to restrictions as to the user of landarising by virtue of contract.

No drafting is included to reflect section 237(3),because it may be necessary to alter the apparatus ofstatutory undertakers in accordance with the Orderand the relationship between the undertaker andstatutory undertakers is provided for in the protectiveprovisions included at Schedule 11 (protectiveprovisions) of the Order.

Article 26(4) makes provision for compensation and isbased on section 237(4) of the 1990 Act andcomments of the (now abolished) IPC in relation tothe Rookery South (Resource Recovery Facility) Order2011 in relation to removal of reference to the LandClauses Consolidation Act 1845.

42

Section 237(6) of the 1990 Act is not reflected in thearticle because the undertaker is not a local planningauthority and, as the promoter of the authoriseddevelopment itself, it will not have an indemnityagreement from a promoter relating to compensationliability.

Article 26(5) mirrors the wording of section 237(7) ofthe 1990 Act.

Article 27 (application of the Compulsory Purchase (VestingDeclarations) Act 1981) follows article 23 of the DCOModel Provisions and would provide for theapplication, with modifications, of the CompulsoryPurchase (Vesting Declarations) Act 1981 (in thisparagraph the “1981 Act”), which makes provisionfor vesting procedures for land subject to compulsorypurchase.

Some wording has been added to this article toensure that the 1981 Act is applied properly to theundertaker and the draft Order. This is because article23(1) of the DCO Model Provisions was drafted on theassumption that the undertaker is a public authorityunder section 1(2) of the 1981 Act. However, as theundertaker is not a public authority, the additionalwording has been included to clarify that it is toconstitute a public authority for the purposes of the1981 Act, so that its vesting procedures would applyto the Order.

It is noted that the draft Order does not contain anexpress provision incorporating Part I of theCompulsory Purchase Act 1965. This is becausesection 125 of the 2008 Act already applies that Partto a development consent order authorising thecompulsory acquisition of land.

Temporary possession of land7.2

Articles 28 to 29 of the Order contain provisions for the temporarypossession of land for the purposes of or in connection with theauthorised development.

Article 28 (temporary use of land for carrying out the authoriseddevelopment) follows article 28 of Schedule 1 of the

43

DCO Model Provisions and confers upon theundertaker a right to enter on and take possession of:

land specified in Schedule 9 (land of which•

temporary possession may be taken) to carryout those elements of the authoriseddevelopment listed in that Schedule. This isthe land tinted light grey or showncross-hatched on the land plans (DocumentReference 4.3);

any other Order land where no notice of•

entry has been served and no general vestingdeclaration made, i.e. where compulsoryacquisition powers have not yet beenexercised. This is the land tinted dark grey onthe land plans (Document Reference 4.3).

This approach means that the undertaker may usetemporary use powers to construct the authoriseddevelopment in the particular Order land described inparagraph 28(1)(a)(ii) and, following construction,once the exact location of the pipeline is known, theundertaker may compulsorily acquire the 24.4 metrewide easement strip required for the ongoing use,access and maintenance of the pipeline.

This approach does not preclude the undertaker frominstead both (i) exercising its compulsory acquisitionpowers pursuant to article 24 (compulsory acquisitionof rights) to acquire the 24.4 metre wide easementstrip for carrying out the authorised development (i.e.laying the pipeline) and at the same time (ii) pursuantto temporary use powers also taking possession ofland necessary for construction in the wider Orderlimits described in paragraph 28(1)(a)(ii) outside ofthat easement strip. In this way, the minimum widthof land possible will be burdened by the permanentrights comprised in the easement strip. This isbecause, once the pipeline has been located in that24.4 metre wide easement strip, the remaining landof which possession was taken only temporarily forconstruction will be returned to its owners inaccordance with this article without being subject topermanent rights.

The AGIs are likely to be subject to compulsoryacquisition alone but circumstances may arise inwhich it is sensible to make provision for temporary

44

possession powers as well, so as not to burden anyland with permanent rights where this can beavoided.

Both of the above alternatives allow flexibility for theundertaker; at the same time, for landowners theyallow the compulsory acquisition of land or rights tomatch the final location of the authoriseddevelopment, which in certain Work Nos., such as thepipeline, will not extend to the full width of the limitsof deviation, whilst allowing land necessary forcarrying out the authorised development to bereturned to its owners after only temporary use.

Separately, land listed in paragraph 28(1)(a)(i), byway of a Schedule in the Order, i.e. the land tintedlight grey or shown cross-hatched on the land plans(Document Reference 4.3), relates to areas wherethere are to be no permanent works remainingfollowing construction and temporary use is necessaryfor the duration of construction only, with nosubsequent permanent rights or land to be takencompulsorily (although protective works and surveys,it is clarified, can still be carried out on that landpursuant to articles 20 (protective work to buildings)and 21 (authority to survey and investigate the land).

Use of the two paragraphs 28(1)(a)(i) and (ii) is aslightly different drafting approach to the Model DCOProvisions but has the same effect: it simply meansthat it is not necessary to schedule out in Schedule 9(land of which temporary possession may be taken)all plots set out in the book of reference but onlythose where no permanent rights or land aresubsequently to be taken. This approach also allowsthe undertaker to provide clarity to the owners ofparagraph 28(1)(a)(i) plots that the proposals affecttheir land only in terms of temporary use and not thecompulsory acquisition of rights over land or of landitself. Separately, the owners of paragraph28(1)(a)(ii) plots know that the easement strip couldbe located on their land but other than that 24.4mstrip, possession rights for construction will be onlytemporary, pursuant to this article. This approach haspreviously been adopted at article 23 of the NetworkRail (Ipswich Chord) Order 2012, article 40 of theAble Marine Energy Park Development Consent Order2014 and article 23 of the Network Rail (Redditch

45

Branch Enhancement) Order 2013.

Sub-paragraphs (1)(b), (c) and (d) further conferupon the undertaker the right to remove any buildingand vegetation, construct temporary works andbuildings and carry out any mitigation works specifiedin Schedule 9 (land of which temporary possessionmay be taken).

Prior notice to owners and occupiers is required andthe article makes further provision for restoring landafter temporary use and compensation.

The article clarifies at paragraph (3) that theundertaker may not (unless the landowners agree)remain in possession:

in relation to the land specified in Schedule 9•

(land of which temporary possession may betaken), i.e. where no permanent land orrights are to be taken, for longer than oneyear after the authorised development hasbeen completed; or

in relation to other Order land, i.e. where•

permanent land or rights might be taken, forlonger than one year after the authoriseddevelopment has been completed, unless theundertaker exercises compulsory acquisitionpowers over it by serving a notice of entry ormaking a general vesting declaration.

Paragraph (3) amends the DCO Model Provisionequivalent so that the year runs from when theundertaker has certified that the entire OnshoreScheme is first capable of being brought intooperational use for the purpose for which it wasdesigned rather than from when the works on thatland in isolation are complete. This is a criticalamendment for a linear scheme such as across-country pipeline where construction on anygiven element is not complete, potentially requiringtesting, back-checks and further works (as necessary)depending on construction matters arising furtherdown the line, until the entire linear scheme can beconsidered to be complete. The undertaker is bestplaced to certify such completion and, in practice, thecompensation provision at paragraph 5 means thatthere can be confidence that undue delay in issuing

46

appropriate certificates would be minimised.

Paragraph 11 also clarifies that nothing in this articleprevents the taking of possession more than once inrelation to land specified in Schedule 9 (land of whichtemporary possession may be taken).

Sub-paragraph 4(b) and (c) extend the DCO ModelProvisions to clarify that in restoring land, theundertaker does not have to restore areas wherepermanent mitigation works listed in Schedule 9 (landof which temporary possession may be taken) remainand also cannot be required to remove groundstrengthening works.

Sub-paragraphs (8)(a) and (b) expand the DCO ModelProvisions to clarify that even though land listed inparagraph (1)(a)(i) cannot be acquired, nor caninterests in it be acquired or created compulsorily, theundertaker can still carry out protective works andsurveys under other provisions of the Order.

The additions to this article may be included undersection 120(3) of the 2008 Act as they makeimportant provision for the development for whichconsent is sought, namely in respect of rightsrequired for its construction.

Article 29 (temporary use of land for maintaining the authoriseddevelopment) follows article 29 of Schedule 1 of theDCO Model Provisions and provides that theundertaker may take temporary possession of landwithin the Order limits reasonably required for thepurpose of maintaining the authorised developmentand constructing such temporary works and buildingson the land as may be reasonably necessary.

Sub-paragraph 1(b) of the article extends article 29 ofthe DCO Model Provisions to include a right to enteron any land within the Order limits for the purpose ofgaining access where this is reasonably required tomaintain the authorised development. Thissupplemental provision clarifies that the undertakercan secure appropriate access within the Order limitsto those parts of the authorised development whichneed to be maintained, giving full effect to themaintenance powers granted under sub-paragraph(1)(a).

47

This article is subject to safeguards:

The above powers may only be exercised•

during the “maintenance period”. As perarticle 29(12) of Schedule 1 of the DCOModel Provisions this is 5 years but this runsfrom the date on which the entire authoriseddevelopment is first brought into operationaluse for the purpose for which it was designedrather than the completion of only a part ofit. This amendment to the DCO ModelProvision equivalent is critical for a linearscheme such as a cross-country pipelinewhere the maintenance period cannot beallowed to run in a “rolling” set ofconsecutive dates when the scheme must betreated as an interacting whole, with issues(if any) in one location potentially requiringattention further down the line on sectionscompleted earlier;

Provision is made for notice, restoration and•

compensation;

The undertaker must give 28 days’ notice•

before entering on and taking temporarypossession of land for the purposes ofmaintenance, except where there is anidentified potential risk to the safety of theauthorised development, the public or thesurrounding environment (in which case suchnotice, if any, as is reasonably practicableshould be given).

Compensation 7.3

Articles 30 to 32 of the Order contain provisions clarifying existingprinciples of compensation in relation to the compulsory acquisitionand temporary possession of land in connection with the authoriseddevelopment.

Article 30 (disregard of certain interests and improvements) isnot contained in the DCO Model Provisions but followsarticle 26 of Schedule 1 of the TWA Model Provisions.

It would provide for disregarding certain interests in

48

and enhancements to the value of land for thepurposes of assessing compensation with respect toits compulsory acquisition, where the creation of theinterest or the making of the enhancement wasdesigned with a view to obtaining compensation orincreased compensation.

It complies with section 126 (Compensation forcompulsory acquisition) of the 2008 Act as it does nothave the effect of modifying or excluding theapplication of an existing provision relating tocompulsory purchase compensation.

The wording of this article mirrors section 4(Assessment of compensation) of the Acquisition ofLand Act 1981 (in this paragraph the “1981 Act”). Itis necessary to specifically apply the effect of section4 of the 1981 Act in the draft Order. This is becausethe 1981 Act only applies to a compulsory purchase towhich any other statutory instrument has applied itsprovisions section 1 (application of Act)) and neitherthe 2008 Act nor the DCO Model Provisions applysection 1 of the 1981 Act to the draft Order.

Sections 120(3) and 120(5)(a) and item 36 of part 1of Schedule 5 allow the application in an Order ofstatutory provisions which relate to the payment ofcompensation.

Article 31 (set-off for enhancement in value of retained land) isnot contained in the DCO Model Provisions but followsarticle 27 of Schedule 1 of the TWA Model Provisions.

It would provide that in assessing the compensationpayable to any person in respect of the acquisition ofany land, the Lands Chamber of the Upper Tribunalshall set off against the value of the acquired land anyincrease in value of any contiguous or adjacent landbelonging to that person arising out of construction ofthe authorised development.

These provisions comply with section 126(2) of the2008 Act. This is because it does not have the effectof modifying the application of an existing provisionrelating to compulsory purchase compensation. Theprinciple in this article is established in section 7 ofthe Land Compensation Act 1961 (effect of certainactual or prospective development of adjacent land insame ownership), which needs to be applied. Sections

49

120(3) and 5(a) and item 36 of part 1 of Schedule 5allow the application in an Order of statutoryprovisions which relate to the payment ofcompensation.

Article 32 (no double recovery) is not contained in the DCOModel Provisions but predominantly follows article 44of the TWA Model Provisions.

It provides that compensation is not payable bothunder this Order and other compensation regimes forthe same loss or damage.

In addition, this article provides that there is to be nodouble recovery under two or more differentprovisions of this Order, precedence for which can befound in numerous TWA Orders.

The principle of equivalence, namely that a claimantin a compulsory purchase matter shall becompensated for no more and no less than his loss, islong established and no part of the compensationcode conflicts with this principle.

Accordingly, this article complies with section 126(2)of the 1990 Act and is a supplementary provisionunder section 120(5)(d) of the 2008 Act as well as aprovision relating to the payment of compensationunder sections 120(3) and (4) and item 36 of Part 1of Schedule 5 of the 2008 Act.

Supplementary 7.4

Articles 33 to 40 of the Order contain supplementary provisionsrelating to the compulsory acquisition provisions in Part III of theOrder.

Article33

(acquisition of part of certain properties) follows article 26of Schedule 1 of the DCO Model Provisions, replacessection 8(1) of the Compulsory Purchase Act 1965 andwould enable the undertaker to acquire a part rather thanthe whole of properties subject to compulsory acquisition.

Further, it contains a procedure enabling the relevantowner to require the whole to be taken, in certaincircumstances, with disputes to be determined by theLands Chamber of the Upper Tribunal.

50

Article34

(statutory undertakers) is based on article 31 of Schedule1 to the DCO Model Provisions. It authorises theundertaker to (1) compulsorily acquire land belonging tostatutory undertakers shown on the land plans, (2)remove or reposition any statutory undertakers’ apparatus,where it is anywhere within the Order limits and (3)acquire compulsorily new rights over land belonging tostatutory undertakers.

Sections 120(3) and (4) together with item 14 of part 1 ofSchedule 5 of the 2008 Act allow particular provisionrelating to the removal, disposal or re-siting of apparatus.

Article35

(recovery of costs of new connections) follows article 33 ofSchedule 1 of the DCO Model Provisions and wouldprovide for an owner or occupier of premises to recoverfrom the undertaker the costs of reconnecting to publicutilities/communications services if these are removedpursuant to article 34 of the Order (statutoryundertakers).

Article36

(time limit for exercise of authority to acquire landcompulsorily) follows article 20 of Schedule 1 of the DCOModel Provisions and would impose a time limit of eightyears from the Order coming into force for the exercise ofthe proposed powers of acquisition and temporarypossession. Sections 154(3) and (4) of the 2008 Act andregulation 3 of the Infrastructure Planning (MiscellaneousPrescribed Provisions) Regulations 2010 allow the Order toprescribe a period longer than five years for exercise ofsuch powers. Eight years is considered to be necessary inrespect of the Order for the reasons set out in thestatement of reasons (Document Reference 4.1) whichaccompanies the application for the Onshore Scheme.

Article37

(private rights of way) follows article 22 of Schedule 1 ofthe DCO Model Provisions and enables extinguishment ofprivate rights of way over land subject to compulsoryacquisition under the Order.

Private rights of way over land of which the undertakertakes temporary possession are suspended andunenforceable for as long as the undertaker remains inlawful possession of the land. There is no need to amendthis article from the DCO Model Provisions to refer to othertypes of private right as these are addressed in articles23(2) and 24(2).

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This provision can be disapplied by a notice from theundertaker or by agreement with the owner of the right ofway.

It also makes provision for persons suffering loss as aresult of the suspension or extinguishment of such privaterights of way to be entitled to compensation.

It is important to note that there are key differences inpurpose between Articles 37 and Articles 23(2) and 24(2):

Article 37(3) specifies that private rights of way•

over land of which National Grid takes temporarypossession under Articles 28 and 29 aresuspended and unenforceable for as long asNational Grid remains in lawful possession of theland; Articles 23(2) and 24(2), however, do notdeal with temporary possession, only thepermanent acquisition of land.

Separately, Article 37 is intended to provide a•

useful mechanism for reducing the interferencewith private rights of way of landowners (likely tobe the most prevalent private rights along a long,rural, linear route) where compulsory acquisitionhas had to be used:

Article 23(2), for example, extinguishes•

rights where they are “inconsistent withthe exercise of powers under [the Order]”.This would be a question to be assessedobjectively on the facts in each case.

Article 37, however, allows the undertaker•

(by way of notice) to clarify to a personwith the benefit of particular right of waythat, so far as its engineers are concerned,i.e. a subjective judgment in favour of thatperson, the right is not inconsistent with itspowers under the Order and the personmay continue to use it. In other words, thisassist persons with the benefit of privaterights of way.

The value of the article, for the reasons given above, hasbeen recognised by the Secretary of State by its inclusionin the following made Orders:

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Article 28 (Private rights of way) of the Hinkley•

Point C (Nuclear Generating Station) Order 2013;

Article 46 (Private rights of way) of the Thames•

Water Utilities Limited (Thames Tideway Tunnel)Order 2014.

Article38

(rights under or over streets) follows article 27 of Schedule1 of the DCO Model Provisions and provides that theundertaker may use the subsoil under and airspace over astreet required for the authorised development withoutbeing required to acquire any part of the street or anyeasement or right in the street.

Provision is made for compensation.

Article39

(incorporation of the mineral code) is derived from article19 of the DCO Model Provisions. Part 2 of Schedule 2 ofthe Acquisition of Land Act 1981 (in this paragraph the“1981 Act”) would be incorporated into the Order toprovide that the undertaker would not be entitled to anymines of coal, ironstone, slate and other minerals underthe land acquired under the draft Order unless they havebeen expressly purchased, apart from minerals necessarilyextracted or used in the construction of the authoriseddevelopment. Part 3 of Schedule 2 of the 1981 Actregulates the relationship between the owner of the mineswhich lie below the land taken for the authoriseddevelopment and the undertaker.

Article40

(open space) Under section 132 of the 2008 Act, an ordergranting development consent is subject to specialparliamentary procedure to the extent that it authorisesthe compulsory acquisition of a right over land, formingpart of, amongst other things, open space, unless:

the Secretary of State is satisfied that certain•

statutory criteria under that section apply; and

his satisfaction and the relevant subsection are•

recorded in the Order.

Land referencing commissioned in connection with theOnshore Application has identified that there arepotentially threefour plots listed in the book of reference(Document Reference 4.3) accompanying the applicationfor the Onshore Scheme which constitute open space andin respect of which the Order authorises the compulsory

53

acquisition of rights. These are Plots 231102, 2331106, 1277 and 12680.

The letter from Berwin Leighton Paisner LLP on behalf ofthe undertaker dated June 2014 to the Secretary of State,care of the National Planning Casework Unit, contains anapplication setting out the subsection of section 132 whichthe undertaker submits apply to these four Plots, withsupporting information for this view.

If the Secretary of State concurs with the undertaker’ssubmissions in that letter, he is invited pursuant to section132 to record his satisfaction and the relevant subsectionin the form proposed in Schedule 8 (record of thesatisfaction of the Secretary of State pursuant to section132 of the 2008 Act) of the Order.

PART IV OF THE ORDER - MISCELLANEOUS AND GENERAL8

Articles 41 to 54 of the Order contain a number of miscellaneous andgeneral provisions.

Article 41 (application of landlord and tenant law) follows article35 of Schedule 1 to the DCO Model Provisions andwould override the application of landlord and tenantlaw in so far as it may prejudice the operation of anyagreement for leasing the whole or part of theauthorised development or the right to operate thesame and any agreement for the construction,maintenance, use or operation of the authoriseddevelopment or any part of it entered into by theundertaker.

Article 42 (deemed consent under Part 4 (Marine Licensing) ofthe Marine and Coastal Access Act 2009) does notmake reference to deemed consent under section 34of the Coast Protection Act 1949 as per article 37 ofSchedule 1 of the DCO Model Provisions. This isbecause that provision has been repealed by theMarine and Coastal Access Act 2009 (the “2009Act”).

Section 149A of the 2008 Act allows provision in adevelopment consent order for a deemed marinelicence under the 2009 Act.

Accordingly, this article would constitute deemed

54

consent under section 65 of the 2009 Act, thesuccessor provision to section 34 of the CoastProtection Act 1949.

Schedule 10 (deemed Marine Licence under Part 4(Marine Licensing) of the Marine and Coastal AccessAct 2009) sets out the terms on which the deemedlicence would be granted by the Secretary of State.The Marine Management Organisation has reviewedthe form of licence and discussions between it andthe undertaker in respect of the application areongoing. The terms of the licence are explained moreparticularly below in this explanatory memorandumwhere Schedule 10 is explained.

For information, an overlay of the deemed marinelicence coordinates over the relevant works plans withdrawing number 10-2574-GND-01-05-0056 Rev Aaccompanies the Onshore Scheme application(Document Reference 2.7).

Article 43 (operational land for the purposes of the 1990 Act)follows article 36 of Schedule 1 of the DCO ModelProvisions and provides that, for the purposes ofsection 264(3)(a) of the 1990 Act, the developmentconsent granted by the Order is to be treated asspecific planning permission.

Article 44 (felling or lopping of trees or shrubs) follows article 39of Schedule 1 of the DCO Model Provisions (save inrelation to hedgerows). It would enable theundertaker to fell or lop trees and shrubs for thepurposes of preventing obstruction or interferencewith the authorised development and danger topeople constructing, maintaining, operating or usingthe authorised development. In the case ofunnecessary damage, provision is included for thepayment of compensation for loss or damage.

Reference to “passengers” at sub-paragraph (1)(b) ofthe equivalent DCO Model Provision has beenremoved as this is not relevant to the authoriseddevelopment.

This article departs from the DCO Model Provisions inthat paragraphs (3) to (6) remove the need to obtaina hedgerow licence under the Hedgerow Regulations1997. The removal of hedgerows shown on thehedgerow plans (listed in Part 5 of Schedule 2 (plans)

55

and given Document Reference 2.5) is instead to beconsented in this article or, should the removal of anyhedgerows other than those shown on the hedgerowplans be required (if any), consent from the localplanning authority will be needed. This is similar tothe approach taken at article 15 of the Brechfa ForestWest Wind Farm Order 2013. Section 120(5)(a) of the2008 Act enables a DCO to exclude a statutoryprovision which relates to any matter for whichprovision may be made in the Order. Sections 120(3)and (4) together with item 15 of Part 1 of Schedule 5of the 2008 Act allow a DCO to make a provision forcarrying out civil engineering or other works. Theauthorised development, a civil engineering work, willnecessitate the removal of hedgerows, particularly forthe laying of the pipeline. Accordingly, the HedgerowRegulations 1997 are excluded under the Order.

Article 45 (trees subject to tree preservation orders) departsfrom article 40 of Schedule 1 of the DCO ModelProvisions in that the undertaker has assessed theOrder limits and determined that no trees subject toan existing tree preservation order will be adverselyaffected by the carrying out of the authoriseddevelopment. However, the undertaker considers thatit would be prudent and sensible to include aprovision allowing it to fell or lop any tree, or cut backits roots, which has been made the subject of a treepreservation order since the date of its application fordevelopment consent. This power will only beexercisable where the undertaker reasonably believesit to be necessary to prevent obstruction orinterference with the construction, maintenance oroperation of the authorised development or toprevent a danger to people constructing, maintaining,operating or using the authorised development.

The permission granted by the article wouldconstitute a deemed consent under a treepreservation order.

Article 46 (resumption of land use following certain works) isderived from article 10 of the Hinkley Point C (NuclearGenerating Station) Order 2013. It is intended for theprotection of landowners so that after their land hasbeen used under temporary possession powers foroffice accommodation and pipe stores, for example,irrespective of the duration of that use, it will be clear

56

that they do not need planning permission to resumea use which predated the making of this Order. This isdone by appropriately applying section 57(2) of theTown and Country Planning Act 1990 - this clarifiesthat where planning permission is granted for alimited period, once it expires, permission is notneeded for the original use.

Article 47 (application of the Community Infrastructure Levy)provides that the Order is to be treated for thepurposes of the Community Infrastructure LevyRegulations 2010 as a planning permission grantedfor a temporary period. The community infrastructurelevy (CIL) is not chargeable on temporary planningpermissions, so this would have the effect ofexcluding the authorised development from the CILcharging provisions. Similar provision was made inarticle 11 of the Hinkley Point C (Nuclear GeneratingStation) Order 2013.

Article 48 (protective provisions) gives effect to Schedule 11(protective provisions) which would contain specificsafeguards for statutory undertakers within the Orderlimits.

Article 49 (certification of plans etc) follows article 41 ofSchedule 1 of the DCO Model Provisions and wouldrequire the undertaker to submit copies of keydocuments referred to in the Order to the Secretaryof State for certification as true copies following themaking of the Order.

Article 50 (service of notices) would make provision as to themanner in which notices or other documents requiredor authorised to be served under the Order are to beserved.

The article mirrors section 229 of the 2008 Act (whichapplies only to notices under that Act rather thanunder an Order made under it) and its inclusion ispermitted as an incidental provision under section120(5)(d) of the 2008 Act.

Article 51 (arbitration) follows article 42 of Schedule 1 of theDCO Model Provisions and would make provision fordifferences or disputes arising under any provision ofthe Order to be settled by arbitration.

Additional wording is included to exclude differences

57

or disputes referred to the Lands Chamber of theUpper Tribunal (because that is the appropriate forumfor disputes relating to the compensation relating tothe compulsory acquisition of land and rights etc.)and allows parties to agree to methods of disputeresolution other than arbitration.

There is significant precedence for such additionalwording in TWA Orders and has been accepted inrecent development consent orders, including atarticle 42 of The Lancashire County Council(Torrisholme to the M6 Link (A683 Completion ofHeysham to M6 Link Road)) Order 2013. Sections120(3) and (4) together with item 37 of part 1 ofSchedule 5 of the 2008 Act also permit the inclusionof provisions relating to the submission of disputes toarbitration.

Further, the DCO Model Provision equivalent has beenamended so that if the parties fail to agree on anarbitrator, one will be appointed by the Secretary ofState rather than the Institute of Civil Engineers. Thisapproach was proposed by PINS and was followed atarticle 34 of the National Grid (King’s Lynn B PowerStation Connection) Order 2013.

Article 52 (requirements) introduces Schedule 3 (requirements)which contains requirements corresponding toconditions which, under section 120(2) of the 2008Act, could have been imposed on the grant ofplanning permission for the authorised developmenthad it not fallen within the 2008 Act planning regime.

Such requirements may be imposed in the Orderunder section 120(1) of the 2008 Act.

Paragraph (2) has been added to the article as part ofthe mechanism within the Order of dividing theauthorised development between those parts subjectto the Requirements in Schedule 3 (requirements),with the local planning authorities as the appropriateapproving bodies, and those parts subject to thedeemed marine licence conditions in Schedule 10(deemed Marine Licence under Part 4 (MarineLicensing) of the Marine and Coastal Access Act 2009)with the MMO as the appropriate approving body.

Paragraph (2) therefore clarifies that theRequirements at Schedule 3 (requirements) will not

58

apply to parts of the authorised development whichfall within the UK marine area (apart from the listedexceptions, which should apply across all the WorkNos. irrespective of whether they fall within the UKmarine area or otherwise). This is because, for themost part, it is appropriate for areas submerged atmean high water springs that the authoriseddevelopment should be governed only by the licenceconditions attached to the marine licence at Part 2 ofSchedule 10 (deemed Marine Licence under Part 4(Marine Licensing) of the Marine and Coastal AccessAct 2009), so as to avoid inconsistency with theRequirements.

Article 53 (procedure in relation to certain approvals etc.) giveseffect to Schedule 14 (procedure in relation to certainapprovals etc.) which is not derived from the DCOModel Provisions but follows the wording of article 46and Schedule 14 of the Hinkley Point C (NuclearGenerating Station) Order 2013.

The Schedule sets out procedures for determinationsmade by the relevant discharging authority pursuantto:

the Requirements set out in Schedule 3•

(requirements);

the deemed marine licence conditions in•

Schedule 10 (deemed Marine Licence underPart 4 (Marine Licensing) of the Marine andCoastal Access Act 2009);

consent from the relevant planning authority•

in respect of the removal of hedges not setout on the hedgerow plan (if required)pursuant to article 44;

provisions in the Order requiring the consent•

of the highway authority in respect of streetworks (including pursuant to consents underthe incorporated provisions of the 1991 Act),the alteration of layout of streets, theconstruction and maintenance of streets, thetemporary and permanent stopping up ofstreets, traffic regulation or where consent isrequired for surveying land comprised ofhighway;

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the issuing of notices and consents under the•

Control of Pollution Act 1974 (“COPA”); and

the following byelaws:•

the Selby Area Internal Drainage•

Board Byelaws 1999;

the Beverley and North Holderness•

Internal Drainage Board Byelaws2012;

the Ouse and Humber Internal•

Drainage Board Land DrainageByelaws; and

those made by East Riding of•

Yorkshire Council in its capacity aslead local flood authority.

Paragraph (1) of the Schedule sets out timescales fordeterminations. These mirror those in article 29(2)(b)(time periods for decision) of the Town and CountryPlanning (Development Management Procedure)(England) Order 2010, namely 8 weeks, other than inrespect of COPA applications, which mirror the 28days in section 62 of COPA. Reasonable timescales forrequests for information are also addressed.

Paragraph (2) of the Schedule sets out the fee to bepaid in relation to the discharge of Requirements, asno provision is made in existing legislation – the feefollows the equivalent charge for conditions attachedto planning permissions in the Town and CountryPlanning (Fees for Applications, Deemed Applications,Requests and Site Visits) (England) Regulations 2012.Scope is provided for the fee to increase in line withamendments to those Regulations over time pursuantto sections 303 (fees for planning applications etc.)and 333(2A) (regulations and orders) of the 1990 Act.Fees for other consents to which this Schedule relatesare provided for directly in existing legislation, unlikeRequirements pursuant to a development consentorder.

Paragraph (3) of the Schedule sets out an appealprocedure to the Secretary of State which may beexercised in circumstances which mirror the wording

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of sub-sections 78(1) and (2) of the 1990 Act (right toappeal against planning decisions and failure to takesuch decisions), extended to:

where the undertaker does not agree that•

requests for information are reasonable:

deemed marine licence conditions (which are,•

as described in this explanatorymemorandum, simply terms of the Order inthe same way as Requirements, are the onlydifference being that the Secretary of Statehas designated a specialist dischargingauthority different to the relevant planningauthority, namely the MMO, because of itsparticular marine expertise);

if a notice further to section 60 of COPA is•

issued; and

the three sets of internal drainage byelaws•

referred to above. Although the byelawscontain a dispute resolution procedure beforethe Secretary of State, it is only open to localauthorities and relates only to some of thebyelaws in each set.

The process for appeals in sub-paragraph 3(2) of theSchedule is broadly similar to the Town and CountryPlanning (Appeals) (Written RepresentationsProcedure) (England) Regulations 2009, save thattimescales are shorter proportionate to the need forexpedition for nationally significant infrastructureprojects and to the fact that appeals would not relateto entire applications for planning permission but tonarrower consents.

The DCO Model Provisions provide for items requiredunder requirements to be submitted to the former IPCfor approval. However, CLG Guidance for localauthorities states that a draft Order can allow schemepromoters to appeal local authority decisions on asubsequent approval as with previous regimes.Indeed, it is now common practice for such an articleto be included in Orders made under the 2008 Act: inaddition to the Hinkley Point C (Nuclear GeneratingStation) Order 2013, this approach was accepted inthe Rookery South (Resource Recovery Facility) Order2011, Network Rail (Ipswich Chord) Order 2012 and

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the Network Rail (North Doncaster Chord) Order2012; and Schedule 16 may be included in the draftOrder as a supplementary provision under section120(5)(d) of the 2008 Act.

Article 54 (Saving for Trinity House) Trinity House requestedthis provision, which confirms that nothing in theOrder prejudices the rights, duties or privileges ofTrinity House, which provides aids to navigation.

Article 55 (Crown rights) This article sets out protections for theCrown in accordance with the wording required bythe Crown Estate.

SCHEDULES9

Schedules 1 to 14 of the Order contain information referred to in thearticles of the Order.

Schedule 1 (authorised development) lists out the particular WorkNos. comprised in the authorised development forwhich development consent is sought and which areto be read alongside the works plans. See

paragraphs 3.1 to 3.5.14 above for further

explanation.

Schedule 2 (plans) lists the works plans (Part 1), land plans (Part2), access plans (Part 3), hedgerow plans (Part 5) andother plans submitted for approval (including planswhere only certain parts are for approval) (Part 4). Italso lists parameters (Part 6) for the purposes of anyfuture applications made for certain further approvalspursuant to Requirement 3 of Schedule 3(requirements) as well as a list of planting drawings(Part 7) for the purposes of excluding these fromsuch applications.

Other indicative and illustrative plans will be providedas part of the application.

This approach to scheduling plans in a Schedulerather than in the Requirements themselves hasprecedence in Part 2 of Schedule 1 of the HinkleyPoint C (Nuclear Generating Station) Order 2013.

Schedule 3 (requirements) contains requirements correspondingto conditions which, under section 120(2) of the 2008

62

Act, could have been imposed on the grant ofplanning permission for the authorised developmenthad it not fallen within the 2008 Act regime. Suchrequirements may be imposed in the Order undersection 120(1) of the 2008 Act.

The Requirements in Schedule 3 are based on theRequirements set out in Schedule 4 of the DCO ModelProvisions, but these have been modified asappropriate for the Onshore Scheme and followingdialogue with the relevant planning, highways andmarine authorities.

Appropriate Requirements in this Schedule have beenamended to make a further body (such as theEnvironment Agency ("EA"), Natural England (“NE”)or the local highway authority) a consultee in theapproval process set out in the relevant Requirement.

A number of DCO Model Provisions Requirementshave not been included in Schedule 3 because theproposed development will not produce the kinds ofeffects which those Requirements seek to control. Forexample, it was not necessary to include Requirement31 (Control of insects) from the DCO Model Provisionsbecause the authorised development is not in alocation, or of a nature, where there is a real risk ofinfestation or emanation of insects. Similarly,Requirement 29 (Control of smoke emissions) fromthe DCO Model Provisions is not necessary becauseconstruction of the authorised development will notresult in smoke emissions. Other Model Provisionshave been amended to make them applicable to thenature of the authorised development (i.e. across-country linear construction project). Severalhave been combined.

An explanation of the Requirements in their currentform can be found below. Reference to aRequirement in the DCO Model Provisions means thecorresponding paragraph at Schedule 4 of thoseprovisions.

Requirement 1 (Interpretation) sets out themeaning of words and phrases used in this Schedulewhich are in addition to the terms defined within themain body of the Order. Some definitions additionalto those found in Requirement 1 of the DCO ModelProvisions are necessary to define elements particular

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to the Project such as “AGIs”, “Area B” and“Construction Compounds”. It is also sensible toinclude a definition of “commence”/”commencement”of the authorised development for clarity on thetriggers of discharge, which is common indevelopment consent orders made by the Secretaryof State, including, to give one example, paragraph1(1) of Schedule 2 of the Hinkley Point C (NuclearGenerating Station) Order 2012. The Order, however,does not use a single definition of “commence” butinstead three separate definitions (namely “commence(type 1)”, “commence (type 2)” and “commence (type3)”). These are to reflect that certain works withsignificant environmental effects should not take placeprior to Requirements being discharged which arethemselves intended to address those particulareffects. In summary:

the first one is where there is no link•

between the Requirement and thecommencement in terms of the potential forlikely significant effects, i.e. allpre-commencement works can take placewithout there being any risk of an associatedsignificant environmental effect occurring;

the second is where no pre-commencement•

work can take place, e.g. in respect ofEuropean protected species, the BarmstonPumping Station design and trees andhedgerows;

the third type of commencement is one that•

is a “middle ground”. There are somespecified activities that the undertaker wouldbe able to carry out before a particularRequirement is discharged, as there is norelationship between the activity and theRequirement, but not other specifiedactivities as those could lead to significantenvironmental effects occurring.

The undertaker considers that this tiered approachavoids exactly the possibility that potentiallysignificant works could be carried out before therelevant mitigation measures contained in therelevant Requirements are in place. The undertakerdoes not consider it “necessary” or “reasonable in allrespects”, for the purposes of paragraph 4.1.7 of

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EN-1, for works to be prevented before discharge ofparticular Requirements when those works would notgive rise to any significant environmental effects priorto the discharge of those particular Requirements.

It is important to bear in mind that the statutorydefinition in section 155 of the 2008 Act defines whendevelopment is considered to have begun, i.e. the“earliest date on which any material operationcomprised in, or carried out for the purposes of, thedevelopment begins to be carried out” for thepurposes of stipulating when development consentwill expire if it has not been so “begun”, i.e.implemented, rather than for any purpose associatedwith the proper securing of environmental mitigation.Whilst the tiered approach described above in thisOrder uses this definition as one of the types ofcommencement, and as a starting point for the othertwo, there is no requirement for it to apply across allof the Requirements provided that appropriateenvironmental mitigation is secured in eachRequirement, as is the case here.

By way of example, paragraph 1(5) of Schedule 3(requirements) of the Thames Water Utilities Limited(Thames Tideway Tunnel) Order 2014 clarifies thatwhere there are different sites, commencementbefore particular Requirements specific to a site meanonly commencement on that site, i.e. in the contextof a long, linear project, works unrelated to aparticular Requirement are not to be delayed bydischarge of that Requirement.

Separately, the undertaker has agreed to includeRequirement 1(2) at the request of North YorkshireCounty Council, creating a statutory requirement onSelby District Council to consult it on certainRequirements.

Requirement 2 (Time limits) sets out a time limitwithin which the authorised development must bebegun within five years of the Order being made, theperiod provided in regulation 3 of the InfrastructurePlanning (Miscellaneous Prescribed Provisions)Regulations 2010, and follows Requirement 2 of theDCO Model Provisions. Justification for this period isfurther set out in section 5 of the Statement ofReasons (Document Reference 4.1).

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Requirement 3 (Approved details) requires theauthorised development to be carried out inaccordance with the approved details.

The approved details would either be the approvedplans listed in Part 4 (approved plans) of Schedule 2(plans), or revised versions of those plans.

If the undertaker wished to implement in accordancewith revised plans, three criteria would then need tobe met:

Firstly, the relevant local planning authority•

would need to approve any revision;

Secondly, any revised details would need to•

remain within certain parameters set by theDCO to reflect what has been assumed forthe purposes of assessment. These arespecified in Part 6 (parameters) of Schedule2 (approved plans). Part 6 sets out tables forthe Drax Pig Trap, CamblesforthMulti-Junction (but not Area B – see below),Tollingham Block Valve, Dalton Block Valveand Skerne Block Valve. Each table:

groups together the relevant•

parameters from the planningarrangement, elevation andoperational site drawings for the AGIin question;

provides in paragraph (a) a single•

height restriction for developmentwithin the weld mesh security fence;and

sets out in paragraph (b), and in two•

columns below it, the maximumheights which particular elementswithin the AGIs cannot exceed.

(Note that not all “approved plans”listed in Part 4 (approved plans) ofSchedule 2 (plans) are referenced inPart 6 (parameters). These include,for example, the site location andhighways access drawings for the

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AGIs. This is because those drawingsdo not set parameters, for thepurposes of the environmentalstatement, within which AGIdevelopment must take place). Theplanting drawings are also notreferenced in Part 6 (parameters) asthey are not to be part of themechanism for approvals to changesto approved plans in Requirement3(1). This is clarified in Requirement3(2);

Thirdly, the relevant local planning authority•

would need to be satisfied that the revisionswould not give rise to any materially new ormaterially different significant environmentaleffects.

Note that Requirement 3(1) clarifies that the above isseparate to Requirements 5 (Barmston PumpingStation) and 6 (Camblesforth Multi-junction). ThoseRequirements contain bespoke provisions for reservedmatters approvals for the Barmston Pumping Stationand Area B of the Camblesforth Multi-junction inaccordance with their own parameter plans, wheredetailed design is to follow at the appropriate laterstage (for the reasons set out in this ExplanatoryMemorandum in relation to those Requirements),rather than, as in Requirement 3(1), where there aredetailed design drawings but some minor details maybe subject to later approval where it is necessary tocapture any advances in technology.

The need for this small but essential element offlexibility arises for the following reasons:

The proposed development may not be•

commenced for some years;

The front end engineering and design•

process has not been concluded, contractorshave not been taken on and materials havenot been ordered;

There is potential for some minor details to•

change as a result of the relatively new CCStechnology and continued innovations in it,including in the layout within AGIs;

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This is recognised in EN-1, which explains•

that “there is a high level of confidence thatthe technology involved in CCS will beeffective” (paragraph 4.7.8) and that thedemonstration projects such as theauthorised development are a “priority for UKenergy policy” (paragraph 3.6.5) but thatCCS is “an emerging technology” (paragraph4.7.1) and “at a relatively early stage ofdevelopment” (paragraph 4.7.6);

Some examples of minor changes currently•

envisaged as possible include, as a result ofthe availability of certain specified materialsat the time of construction and the technicaldesign of equipment such as valve seals,flange seals, axillary pipework, vents,pressure points, valve actuators andelectronic equipment, which might need tobe subject to minor modification prior toconstruction. The point of the proposedmechanism in this Requirement, however, isto capture potential for currently unknowninnovations, which will be essential to theoperation of the authorised development butcannot be definitively listed at this stage;

The changes are not considered likely,•

realistically, to generate any controversy, ormake any difference to the potential for likelysignificant environmental effects;

The principle is not new. Although more•

minor and different technically for theauthorised development, this is a planningpoint broadly analogous to an element of TheHinkley Point C (Nuclear Generating Station)Order 2013 (“Hinkley Point C DCO”):there, the DCO was being promoted during aperiod in which a global reappraisal ofappropriate safety mechanisms in newnuclear power stations had not yet beenconcluded. EDF therefore submitted detaileddrawings for approval, and also parameters.This was to allow EDF to submit reviseddetails in due course if needed, but any suchrevised details had to be within thoseparameters (see Requirement PW3 in the

68

Hinkley Point C DCO (page 76)).

Separately, the undertaker notes as follows:

The mechanism in Requirement 3 relates only•

to changes to the “approved plans”, whichshow the above ground installations (“AGIs”)at the Drax Pig Trap, CamblesforthMulti-Junction (but not Area B), TollinghamBlock Valve, Dalton Block Valve and SkerneBlock Valve. They do not show the belowground cross-country pipeline, i.e. the NSIPfor the purposes of sections 14(1)(g) and 21of the Planning Act 2008;

The cross-country pipeline is governed•

separately to Requirement 3, as is standard,by limits of deviation pursuant to Article 5(Limits of deviation) shown on the worksplans;

The proposed mechanism in Requirement 3•

accords with the advice in paragraph 19.4 ofPINS’s “Advice note fifteen: DraftingDevelopment Consent Orders”, whichstipulates that “the tailpiece (or otherwording) should not allow the LPA to approvedetails which stray outside the parametersset for the development as part of theexamination process and subsequentapproval of the Secretary of State.”;

There is no objection from the local planning•

authorities in relation to both the proposedAGI design or the principles for the proposedRequirement 3. The AGIs are a relativelysmall part of the circa 67km cross-countrypipeline.

Requirement 4 (Stages of authorised development)sets out defined stages of the authoriseddevelopment. This is because it is proposed thatRequirements may be discharged separately fordifferent elements of the authorised development forthe purposes of carrying out the authoriseddevelopment expeditiously. This approach isenvisaged in Requirement 3 of the DCO ModelProvisions and is common on linear schemes such asthe authorised development.

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Requirement 5 (Barmston Pumping Station)requires certain details for the Barmston PumpingStation (including layout, scale, external appearance,surface treatments, method of drainage and planting)to be approved by the relevant planning authority (inconsultation with the EA) before its construction cancommence, which must be carried out in accordancewith the approved details.

The design and scale of the Barmston PumpingStation will be within the parameters set in therelevant parameter plan (Document Reference 2.14)and guiding principles established in Chapter 8 of theDesign and Access Statement. The parameter plansets out the maximum envelope within which thebuildings and infrastructure will be constructed.However, the detailed design of the BarmstonPumping Station needs to take place on a flexiblebasis, for later approval, because precise equipmentand its exact location within the site will be knowncloser to the point of implementation. As such, byseeking outline consent at this time, the undertakercan ensure that the detailed design of the BarmstonPumping Station reflects the appropriate equipmentavailable at the time of construction.

Separately, there are controls on the type and use ofexternal lighting.

Requirement 6 (Camblesforth Multi-junction design)requires certain details for the Area B of theCamblesforth Multi-Junction (including layout, scale,external appearance, surface treatments and methodof drainage) to be approved by the relevant planningauthority (in consultation with the EA) before itsconstruction can commence, which must be carriedout in accordance with the approved details. Aboveground structures installed within “Area B” of theMulti-junction are limited to 4 metres in height. Thereason for this Requirement is that the proposedCamblesforth Multi-junction has been designed toaccommodate up to four incoming pipelineconnections (4 PIG traps) and one outgoingconnection (1 PIG trap) into the cross countrypipeline. However, general arrangement drawings,elevations and profiles comprised in the applicationfor the Order show:

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design for two PIG traps to accommodate an•

inlet PIG Trap for the pipeline connectionfrom the White Rose CCS Project and anoutlet PIG Trap to the cross country pipelinecomprised in the authorised development;and

“Area B”. Area B cannot yet be designed in•

detail as the capacity and rate at which thearea is built out will depend on when thirdparty connectors come forward and thedirection from which they enter the facility.Capacity has been provided for three PIGTraps within this Area B and thisRequirement secures detailed designapproval by the relevant authority when suchdetails become available.

Separately, there are controls on the type and use ofexternal lighting.

Requirement 7 (European Protected Species)follows Requirement 34 of the DCO Model Provisionsand requires that prior to commencement of eachstage of the authorised development, surveys need tobe carried out to ascertain whether there are anyEuropean protected species present on land affectedby the authorised development. Where such speciesare present, that stage of the authorised developmentcannot be carried out until, following consultation withNatural England, a scheme of protection andmitigation has been approved by the relevantplanning authority; and the scheme must be compliedwith.

Requirement 8 (Scheme of ecological mitigationand reinstatement) requires each stage of theauthorised development to be carried out inaccordance with a scheme of ecological mitigation(and, for pipeline stages, reinstatement) approved bythe relevant planning authority. There is provision forpre-submission consultation with the relevantplanning authority as well as with the MMO as aconsultee in its area. This has the same effect asRequirement 17 of the DCO Model Provisions, savethat it relates specifically to pipeline stages. Inaddition, similar to Requirement 8 of the DCO ModelProvisions, it provides for the replacement of any

71

shrub, hedge or tree planted as part of the schemethat dies or becomes seriously damaged or diseasedwithin five years of completion of the authoriseddevelopment.

Requirement 9 (Water) requires construction worksfor the authorised development to be carried out inaccordance with an approved construction watermanagement plan and a pollution prevention andcontrol plan. Further:

crossing methods for the authorised•

development in relation to watercourses mustbe undertaken in a manner which will notcause an increase in flood risk;

drainage measures to control surface water•

runoff in the flood risk assessment must becomplied with during construction;

particular provision is made to reduce flood•

risk in the handling of spoil, including nopermanent raising of the floodplain by theundertaker.

Requirement 10 (Removal of trees and hedgerows)is required because the laying of the pipeline is likelyto require the removal of certain trees or hedgesalong the pipeline route, which is provided for in theOrder. This Requirement means that the relevantplanning authority must approve details of those treesand hedgerows to be removed during a particularstage of the authorised development before work onthat stage can commence. The approach to treeplanting following the installation of the pipeline isdealt with as part of the landscaping works underRequirement 8 above, as is the reinstatement ofhedgerows.

Requirement 11 (AGI hard landscaping, lightingand drainage) prohibits a stage of the developmentcommencing until details of hard surfacing materials,lighting and drainage methods for any AGIs in thatstage have been submitted to and approved by therelevant planning authority. This Requirement doesnot apply to the Pumping Station or Area B of theMulti Junction because, as explained above, detaileddesign for these is to follow and would address hardsurfacing and drainage so far as appropriate.

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Requirement 12 (Archaeology) follows theapproach in Requirement 16 of the DCO ModelProvisions and requires that each stage of theauthorised development must be carried out inaccordance with a written archaeological schemeapproved by the relevant planning authority. Thearchaeological scheme will identify areas where aprogramme of archaeological investigation is required,and measures to protect, record or preserve anyarchaeological remains that are found. This isbecause construction of an underground pipeline mayreveal undiscovered archaeological artefacts. Theundertaker has remained in regular dialogue withEnglish heritage on the progression of the OnshoreScheme.

Requirement 13 (Construction Hours) means thatconstruction of the authorised development can onlytake place during set hours, other than in relation tocertain listed operations, in cases of emergency or ifotherwise approved by the relevant planningauthority. More limited working hours have beenintroduced for works at the Barmston PumpingStation during winter months. This is because this isa location where construction activities will be carriedout between October and February for the purposesof the two year build. The list of operations whichmay take place outside of the set time frames isincluded because either, due to the engineeringnature of the activity, they require 24-hour workingor, in the case of temporary possession of railwayinfrastructure, construction hours will be determinedby third parties (like Network Rail).

Requirement 14 (Code of Construction Practice)follows Requirement 18 of the DCO Model Provisionsand requires that construction works are carried outin accordance with the code of construction practicesubmitted with the application, unless otherwiseagreed by the relevant local planning authority. Thecode of construction practice contains a series ofmeasures and standards of work to be applied by theundertaker and its contractors during construction ofthe authorised development.

Requirement 15 (Noise) requires the authoriseddevelopment to be constructed in accordance withspecified construction noise levels at stated times.

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Further, Barmston Pumping Station must be operatedin accordance with a noise report:

approved by the relevant planning authority;•

demonstrating that noise for permanent fixed•

plant / machinery at the nearest residentialreceptor, Rose Cottage, will not exceedcertain levels; and

considering low frequency noise.•

Requirement 16 (Land drainage) requires thatsubject to any alternative approved in respect of AGIspursuant to Requirement 11 above, the authoriseddevelopment must be constructed in accordance withthe Drainage Strategy submitted with the application.The authorised development is a long linear schemeexcavating a trench for much of the pipeline. As such,some existing drains may be severed. The purpose ofthis Requirement is to secure compliance with thatDrainage Strategy. This approach to land drainage,and the resultant likely effects on the Order limits as aresult of drainage design, were detailed as part of theStage 2 statutory consultation.

Requirement 17 (Contaminated land andgroundwater) has the same effect as Requirement 15of the DCO Model Provisions and requires that ifpreviously unidentified contamination is found whilstcarrying out the authorised development, it must beimmediately reported to the relevant planningauthority. It also requires that an investigation andrisk assessment is completed in accordance with anapproved scheme. Any necessary remediation mustbe carried out in accordance with an approvedscheme, and following completion of the remediation,a verification report must be produced, and approvedby the relevant planning authority. The purpose ofthis Requirement is to ensure that potentiallysignificant effects of previously unidentifiedcontamination (if any) along the pipeline route aredealt with in a responsible and satisfactory manner.

Requirement 18 (Traffic Management Plan)requires that the authorised development be carriedout in accordance with a Traffic Management Plan tobe submitted to and approved by the relevantplanning authority in consultation with the highway

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authority. This would need to addresses themanagement of construction traffic, which includesdeliveries of pipe, construction plant and materials aswell as construction workers travelling to and fromthe temporary construction compounds and theconstruction working areas.

Requirement 19 (Restoration of land usedtemporarily for construction) follows Requirement 35of the DCO Model Provisions and requires that anyland used temporarily for construction must bereinstated to a condition fit for its former use within12 months of completion of the relevant stage of theauthorised development (though the undertaker mayreturn for construction works in accordance with thepowers under Article 28). Though the DCO ModelProvision Requirement requires reinstatement of landto its “former condition”, Requirement 18 provides forreinstatement to “a condition fit for its former use”.This is to account for immaterial changes resultingfrom the installation of the pipeline which do notaffect the landowner or occupier continuing with theformer use of the land used for construction.

Requirement 20 (Requirement for written approval)follows Requirement 36 of the DCO Model Provisionsand requires that any approvals by the relevantplanning authority must be provided in writing.

Requirement 21 (Amendments to approved details)clarifies that where the relevant planning authorityapproves details with which the undertaker mustcomply, and later agrees compliance with amendeddetails, the originally approved details are to beconsidered in light of the amendments which havebeen subsequently approved but only so far as thoseamendments do not give rise to any materially new ormaterially different significant environmental effectsfrom those assessed in the environmental statement.This follows Requirement 37 of the DCO ModelProvisions with additional wording to limit the scopeof the approvals.

Requirement 22 (Decommissioning) provides aframework for the relevant planning authorityapproving the approach to the authoriseddevelopment at the end of its operational life.Accordingly, this Requirement sets out that at leastsix months before the operations of the authorised

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development come to a permanent end, a scheme ofdecommissioning, restoration and aftercare must besubmitted for approval by the relevant planningauthority. Following the end of operations, thatscheme must then be implemented as approved.

Requirement 23 (Driffield Construction Compound)provides control over the extent of the buildings to bedemolished, or not as the case may be, in accordancewith the assumptions made in the course of theenvironmental impact assessment.

Requirement 24 (Venting for AGI maintenance)provides control over the planned maintenanceventing of AGIs. It controls the frequency, durationand noise emission level of that activity.

Requirement 25 (AGI venting for pipelineinspections) provides control over the planned internalinspection of pipelines using PIGs and venting of PIGtraps at AGIs for the purposes of the internalinspection of pipelines. It controls the frequency,duration and noise emission levels of that activity.

Requirement 26 (AGI venting notifications) governshow the public would be forewarned about ventingoperations described in Requirements 24 (Venting forAGI maintenance) and 26 (AGI venting for pipelineinspections).

Schedule 4 (streets subject to street works) sets out those streetsreferred to in article 10 (street works) subject tostreet works.

Schedule 5 (streets subject to alteration of layout) sets out thosestreets referred to in article 11 (power to alter layout,etc., of streets) subject to alteration of layout.

Schedule 6 (streets and rights of way to be temporarily stoppedup) sets out those streets and rights of way referredto in article 14 (temporary stopping up of streets andrights of way) to be temporarily stopped up.

Schedule 7 (access to works) sets out the new accesses referredto in article 16 (access to works) to be constructed aspart of the authorised development.

Schedule 8 (record of the satisfaction of the Secretary of Statepursuant to section 132 of the 2008 Act) records

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further to article 40 that the Secretary of State (if heis so minded) is satisfied that a subsection of section132 of the 2008 Act applies to Plots 231102, 2331106, 1277 and 12680 of the book of reference (DocumentReference 4.3).

Schedule 9 (land of which temporary possession may be taken)sets out the land referred to in article 28 (temporaryuse of land for carrying out the authoriseddevelopment) of which temporary possession may betaken.

Schedule10

(deemed marine licence under Part 4 (MarineLicensing) of the Marine and Coastal Access Act 2009)sets out the marine licence referred to in article 42,which would be deemed to be granted for workscomprised in the authorised development below meanhigh water spring tide and the conditions to which thelicence would be subject.

Background to deemed marine licences

In terms of background, the MMO was establishedpursuant to the Marine and Coastal Access Act 2009(“2009 Act”). The 2009 Act requires a MarineLicence to be obtained to carry out specified“licensable marine activities” in the area submerged atmean high water spring tide (“MHWS”) and thewaters of rivers so far as the tide flows at MHWS. TheMMO would ordinarily, i.e. outside of the Planning Act2008 (“2008 Act”), be the decision-makerresponsible for determining whether to grant a MarineLicence under the 2009 Act.

However, this is not the case for nationally significantinfrastructure projects falling under the 2008 Act,such as the Onshore Scheme. Should the Secretary ofState accept the Onshore Scheme for Examination,and that it is therefore subject to the 2008 Act, he willbe the decision-maker responsible for determiningwhether to grant development consent in the form ofthe DCO for the Onshore Scheme, which will includethe area within the Order limits of the DCOsubmerged at MHWS down to mean low water springtide (“MLWS”). This would include the areas withinthe Order limits seaward of MHWS at Barmston Sandsand the tidal reach of the River Ouse, which areshown for information only on the Deemed MarineLicence Co-ordinates drawing with reference

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0-2574-GND-01-05-0056 (Document Reference 2.7).Section 149A of the 2008 Act allows a DCO made bythe Secretary of State to deem that a Marine Licencehas been granted pursuant to the 2009 Act. The draftDCO sought by the undertaker deems such a licenceto have been issued in article 42 and sets out in thisSchedule the terms of that deemed Marine Licence.

In other words, the Secretary of State, rather thanthe MMO, is the decision-maker for the MarineLicence, deemed to be granted by the DCO andcontained within it. There is therefore no “crossover”of jurisdictions and no separate Marine Licence isrequired from the MMO. However, the MMO plays thefollowing important roles under the 2008 Act regime:

The MMO is a consultee on the deemed(A)

Marine Licence, whose representations,amongst other things, may inform whatconditions are to be attached to the deemedmarine licence by the Secretary of State;

The Secretary of State may specify in the(B)

deemed Marine Licence that the MMO is theresponsible discharging body for conditionsattached to that deemed Marine Licence. Thisis the case in the deemed Marine Licencecontained in the DCO;

The MMO is responsible for enforcing(C)

breaches of the conditions attached to thedeemed Marine Licence, with a choice ofenforcement procedures under the 2008 and2009 Acts.

Terms of the deemed marine licence

The terms of the marine licence can be summarisedas follows:

PART 1: INTERPRETATION AND DETAILS OFLICENSED MARINE ACTIVITIES

Paragraph 1 (interpretation) sets out theinterpretation of certain words and phrases used inthe licence and contact details for the MMO and otherrelevant organisations including, inter alia, theEnvironment Agency, Natural England and EnglishHeritage.

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Paragraph 2 (details of licensed marine activities)authorises the construction of those elements of theauthorised development which fall within the Englishinshore region, i.e. the area submerged at MHWS forwhich marine licences are ordinarily required, andconstitute licensable activities for the purposes of the2009 Act. This includes the following: the deposit ofspecified substances at sea; the construction,inspection and maintenance of works in, under orover the intertidal area and the River Ouse; andsampling or investigative works required in connectionwith these. The paragraph also specifies theparameters of the licensed area within which thelicensed activities are permitted.

PART 2: LICENCE CONDITIONS

Paragraph 1 (application of licence conditions)provides that the licence conditions will not apply toareas of the authorised development which falloutside the English inshore region, i.e. the landwardside of MHWS and for which the relevant localplanning authority would be the appropriatedischarging and enforcing body pursuant to theRequirements in Schedule 3. This has been agreedwith the MMO.

Paragraph 2 (licensed location) specifies the areawithin which the licensed activities may be carriedout.

Paragraph 3 (notifications and inspections) sets outthe persons who must be given a copy of theSchedule, and where it will be available for inspection,as well as certain notification and publicationrequirements.

The paragraph provides that only persons and vesselsnotified to the MMO are permitted to carry out thelicensed activities, and each of these persons must beprovided with a copy of the Schedule. Theundertaker must also appoint suitably qualified liaisonofficers (Fisheries Liaison Officer(s) and EnvironmentalLiaison Officer(s)) and their identities andresponsibilities must be notified to the MMO. Prior tocommencement of licensed activities, the undertakermust give notice to the MMO and mariners (mariners’notices must be updated at least once a week) and a

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notice must be published in the Kingfisher FortnightlyBulletin. This is to ensure that other vessels in thevicinity can safely plan and conduct their passage. Inaddition, the undertaker must comply with noticerequirements regarding completion.

The undertaker must also provide access to the MMOto carry out any inspection of the works.

Paragraph 4 (chemicals, drilling and debris) restrictsthe use of chemicals, drilling fluids, coatings andtreatments. It provides that all chemicals used in theconstruction of the licensed works must be selectedfrom an approved list and the undertaker mustensure that any coatings and treatments are suitablefor use in the marine environment and are used inaccordance with specified Environment Agency andHealth and Safety Executive guidelines. This is toensure that hazardous chemicals that may be toxic,persistent or bioaccumulative are not released intothe marine environment and are used appropriately.

In addition, the undertaker is required to ensure thatthe storage, handling, transport and use of fuels,lubricants, chemicals etc. is carried out in a way so asto prevent releases into the marine environment.This is to prevent marine pollution incidents byadopting best practice techniques.

The undertaker is also required to report anyaccidental spillages of coatings or treatments to theMMO within 6 hours. This is to ensure that any spillsare appropriately recorded and managed to minimisethe impact to sensitive receptors and the generalmarine environment.

For any drilling works other than those usingwater-based mud, the MMO’s approval is required inrelation to the proposed disposal of any arisings fromthe drilling works.

Further, any waste, debris, equipment and temporaryworks must be removed within 4 weeks ofcompletion. This is to prevent the accumulation ofunlicensed material/debris and the potentialenvironmental damage, safety and navigational issuesassociated with such material/debris.

Paragraph 5 (pre-construction plans and

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documentation) requires the undertaker to submit forthe approval of the MMO, four months beforecommencement of licensed activities the followingdocuments: a construction and monitoringprogramme; a construction method statement; aproject environmental management plan; and awritten scheme of archaeological investigation. Eachof these documents must contain certain specifiedinformation. No licensed activity can commence untilthe relevant programme/plan has been approved bythe MMO and all licensed activities must be carriedout in accordance with the approvedprogrammes/plans. Separately, the undertaker must:

obtain consent from the MMO in relation to•

materials to be stored in temporaryconstruction compounds and managementarrangements for these;

provide a detailed piling method statement•

before works in the landfill area arecommenced;

provide a method statement for monitoring•

and managing sediment arising from thecofferdam used in constructing the pipeline inthe intertidal area; and

provide details for approval of the pipeline to•

be placed temporarily in the River Ouse forthe purposes of hydrostatic testing.

Paragraph 6 (reporting of engaged agents,contractors and vessels) requires the undertaker toprovide details to the MMO of agents, contractors andvessels that will be carrying out the licensed activities.

Paragraph 7 (equipment and operation of vesselsengaged in licensed activities) requires the undertakerto ensure all vessels being used to carry out thelicensed activities meet specified technicalrequirements and are constructed and equipped toenable compliance with the licence conditions.

Paragraph 8 (pre-construction baseline) requires theundertaker to submit a pre-construction baselinereport to the MMO for approval prior tocommencement of licensed activities. The form andcontent of the pre-construction baseline report must

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be agreed with the MMO in advance and must includecertain specified information.

Paragraph 9 (construction monitoring) requires theundertaker to submit environmental monitoringreports to the MMO during construction (inaccordance with paragraph 5). The monitoringreports must include certain specified information.

Paragraph 10 (post construction) requires theundertaker to submit environmental monitoringreports to the MMO following construction of thelicensed works (in accordance with paragraph 5).

Paragraph 11 (aids to navigation) requires theundertaker to comply with certain safeguards inrelation to aids to navigation for shipping, as set outby Trinity House, which is responsible for such aids.

Paragraph 12 (amendments to approved details)makes provision for any amendments lawfullyapproved by the MMO to be included in the approveddetails for the purposes of carrying out the licensedactivities in accordance with the details provided.

Schedule11

(protective provisions) sets out protective provisionsfor specified statutory undertakers who have beenidentified as having apparatus within the Order limits.The provisions have been based on those contained inseveral recent TWA Orders and Orders under the2008 Act.

Schedule12

(miscellaneous controls) part 1 of this Scheduleapplies, modifies and excludes specified generalstatutory provisions which relate to matters for whichprovision may be made in the Order:

Paragraph 2 provides the consents necessary underthe Wildlife and Countryside Act 1981 for theproposed non-intrusive installation of the pipelinebeneath Kelk Beck, part of the River Hull HeadwatersSSSI, and a bridge to allow access for constructiontraffic over it. The consents are subject to theprovisions of the Order, particularly the requirementsin Schedule 3 (requirements). This application of andmodification to the Wildlife and Countryside Act 1981may be made pursuant to section 120(5)(a) of the2008 Act and the Planning Inspectorate haveconfirmed that this is an appropriate approach.

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The context of paragraph 3 is as follows:

The Pipeline Safety Regulations 1996 (the•

“1996 Regulations”) (which areRegulations made under the Health andSafety at Work etc Act 1974) apply to theauthorised development in general terms.

However, the authorised development is not•

a “major accident hazard pipeline”, asdefined under the 1996 Regulations, andtherefore certain additional duties imposedon major accident hazard pipelines do notapply to the authorised development.

The specific Regulations under the 1996•

Regulations that have been applied by thisOrder relate to the requirement to notify therelevant authorities prior to construction andprior to use, the need to have a majoraccident prevention document and to have inplace certain emergency procedures. In otherwords, the undertaker, therefore, hasadopted a precautionary approach and haselected to operate the proposed pipelines asif Carbon Dioxide were classed as a“dangerous fluid” under Part III of thePipeline Safety Regulations 1996, eventhough this is not presently the case.

The provisions that have not been applied•

relate primarily to the incorporation ofemergency shut-down valves into the designand the need to have an emergency planapproved by the relevant authority. Theseprovisions are unnecessary given that theundertaker is voluntarily assuming certainduties that otherwise would not apply. Theemergency shut-down valves are onlyrelevant to offshore pipelines. In addition, thecriminal provisions of the Health and Safetyat Work etc. Act 1974 need to be disappliedbecause these duties are by virtue ofincorporation into the draft Order “terms of adevelopment consent order”, breach of whichis already a criminal offence pursuant to thesection 161 (breach of terms of ordergranting development consent).

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Part 2 of this Schedule applies, modifies and excludesspecified local legislation which relates to matters forwhich provision may be made in the Order. Theapproach in relation to the byelaws of three internaldrainage boards (“IDBs”), namely the Selby AreaInternal Drainage Board Byelaws, Ouse and HumberDrainage Board Byelaws and Beverley and NorthHolderness Internal Drainage Board Byelaws, is asfollows:

byelaws which do not conflict with the•

carrying out of the authorised developmentare not excluded or amended in the Orderand remain unaltered;

byelaws which prohibit an activity required•

for the carrying out of the authoriseddevelopment but which refer to scope forobtaining the consent of the relevant IDB arenot excluded or amended in the Order and, ithas been agreed with these bodies, suchconsents will be sought following the makingof the Order; and

byelaws which conflict with activities required•

for the carrying out of the authoriseddevelopment but which do not provide scopefor consent under the terms of those byelawsare made subject to the mechanismdescribed below:

Article 3(2)(a) (Application,•

modification and disapplication oflegislative provisions) clarifies that theparticular IDB byelaws listed in Part 2of Schedule 12 do apply to theauthorised development but only asamended in Part 2, i.e. they are nolonger outright prohibitions onactivities required for the authoriseddevelopment but requirements forconsent;

Under Article 3(2)(c), other IDB•

byelaws do not apply to theauthorised development so far as theyare inconsistent with what is specifiedin the Order. Nevertheless, requiring a

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separate consent is entirely consistentwith the Order (as nothing in theOrder removes the need for suchconsents), so this does not affect theapplication of IDB byelaws morewidely. This is intended on aprecautionary basis given the certaintyrequired by a nationally significantinfrastructure project (as described inrespect of article 3 above) and alsorelates to provisions of localapplication more widely;

Then, for the purposes of the•

authorised development only,paragraphs 1 – 7 in Part 2 of Schedule12 replace the particular IDB byelawsmentioned in it with equivalents whichare no longer outright prohibitions onactivities required for the authoriseddevelopment but, instead,requirements for consent.

Separately, paragraph 8 provides an•

IDB with the residual option ofconsenting to actions under any of itsbyelaws if it considers this appropriate– this is prudent in the context of thecomplexity of matters which mightarise in the construction of a nationallysignificant infrastructure project andthe certainty which such projectsrequire;

As described in respect of Schedule 14•

above, Schedule 14 (Procedure inrelation to certain approvals etc.) is amechanism derived from previousDCOs made by the Secretary of Statewhich sets out periods within which apromoter can appeal decisions madeby local authorities etc. to theSecretary of State and the procedurefor such appeals. Such a mechanism isimportant in the context of thecertainty required for a nationallysignificant infrastructure project. IfIDB byelaws are to remain in effect

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but subject to consents, it isappropriate for those consents to besubject to the same mechanism asother consents under the DCO.Schedule 14 has therefore beenamended to incorporate IDB byelawsand directions so far as they apply tothe authorised development.

Schedule13

(modification of compensation and compulsorypurchase enactments for creation of new rights) asexplained above in relation to article 24(4)(compulsory acquisition of rights), mirrors thewording of Schedule 11 of the Hinkley Point C(Nuclear Generating Station) Order 2013 and imposesmodifications to the compulsory purchase andcompensation provisions under general legislationwhich do not affect the entitlement to compensation,but generally ensure that the compensationprocedure applies to the additional categories ofacquisition covered by the Order – namely, thecreation of new rights and the imposition of restrictivecovenants in particular.

Schedule14

(procedure in relation to certain approvals etc.) setsout a procedure in respect of certain approvals to bedetermined pursuant to the Order, which is moreparticularly explained in this explanatorymemorandum at article 53 above.

Berwin Leighton Paisner LLP

MarchApril 2015

32330277.201

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AppendixTracked change version of the Order against the DCO Model Provisions

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Document 1 ID interwovenSite://VRT-DMS-01/Legal/32330277/20

Description#32330277v20<Legal> - Humber ExplanatoryMemorandum REV F (April 2015)

Document 2 ID interwovenSite://VRT-DMS-01/Legal/32330277/21

Description#32330277v21<Legal> - Humber ExplanatoryMemorandum REV G (April 2015)

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