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  1. Introductory Text

  2. PART 1 PRELIMINARY

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Electronic Communications

  3. PART 2 PRINCIPAL POWERS

    1. 4.Development consent etc. granted by the Order

    2. 5.Limits of deviation

    3. 6.Maintenance of authorised development

    4. 7.Operation of authorised development

    5. 8.Planning permission

    6. 9.Benefit of the Order

    7. 10.Consent to transfer the benefit of the Order

    8. 11.Application and modification of legislative provisions

  4. PART 3 STREETS

    1. 12.Street works

    2. 13.Power to alter layout, etc., of streets

    3. 14.Permanent stopping up of streets

    4. 15.Temporary stopping up of streets

    5. 16.Public rights of way – creation and temporary stopping up

    6. 17.Accesses

    7. 18.Clearways, prohibitions and restrictions

    8. 19.Classification of highways

    9. 20.Speed limits

    10. 21.Traffic regulation

    11. 22.Agreements with street authorities

  5. PART 4 COMPULSORY ACQUISITION

    1. 23.Funding

    2. 24.Compulsory acquisition of land

    3. 25.Time limit for exercise of authority to acquire land and rights compulsorily

    4. 26.Compulsory acquisition of rights

    5. 27.Private rights

    6. 28.Application of the 1981 Act

    7. 29.Application of Part 1 of the 1965 Act

    8. 30.Acquisition of subsoil or airspace only

    9. 31.Rights under or over streets

    10. 32.Temporary use of land for carrying out the authorised development

    11. 33.Temporary use of land for maintaining the authorised development

    12. 34.Statutory undertakers

    13. 35.Apparatus and rights of statutory undertakers in stopped up streets

    14. 36.Recovery of costs of new connections

  6. PART 5 SUPPLEMENTAL POWERS

    1. 37.Discharge of water

    2. 38.Authority to survey and investigate the land

  7. PART 6 OPERATIONS

    1. 39.Felling or lopping of trees

    2. 40.Removal of hedgerows

  8. PART 7 MISCELLANEOUS AND GENERAL

    1. 41.Removal of human remains

    2. 42.Protective provisions

    3. 43.Application of landlord and tenant law

    4. 44.Operational land for purposes of the 1990 Act

    5. 45.Defence to proceedings in respect of statutory nuisance

    6. 46.Certification of plans, etc.

    7. 47.Service of notices

    8. 48.Procedure in relation to certain approvals, etc.

    9. 49.Arbitration

  9. Signature

    1. SCHEDULE 1

      AUTHORISED DEVELOPMENT

      1. PART 1 AUTHORISED DEVELOPMENT

        1. 1.In the Borough of North Lincolnshire

        2. Energy park: ERF infrastructure

        3. Rail infrastructure

        4. Energy park: supporting infrastructure

        5. DHPWN

        6. Landscaping, mitigation and utility works

      2. PART 2 PARAMETERS TABLE

    2. SCHEDULE 2

      REQUIREMENTS

      1. PART 1 REQUIREMENTS

        1. 1.Interpretation

        2. 2.Commencement and phasing of the authorised development and notices

        3. 3.Detailed design

        4. 4.Environmental management

        5. 5.Lighting scheme

        6. 6.Landscape design

        7. 7.Landscape and ecology management

        8. 8.Water Resources Assessment

        9. 9.Surface water drainage

        10. 10.Foul water drainage

        11. 11.Construction traffic management and travel planning

        12. 12.Archaeology

        13. 13.Flood risk

        14. 14.Operational travel plan

        15. 15.New highway access

        16. 16.Fuel Type

        17. 17.Decommissioning

        18. 18.Combined heat and power

        19. 19.Commissioning

        20. 20.Carbon Capture

        21. 21.Rail

        22. 22.Local employment and skills

        23. 23.Noise

        24. 24.PRF

        25. 25.Where a requirement requires the authorised development to be constructed...

        26. 26.Amendments agreed by the relevant planning authority

        27. 27.Requirement for written approval

        28. 28.Anticipatory steps towards compliance with any requirement

      2. PART 2 PROCEDURE FOR DISCHARGE OF REQUIREMENTS

        1. 29.Applications made under requirements

        2. 30.Fees

        3. 31.Further information

        4. 32.Appeals

        5. 33.Interpretation

    3. SCHEDULE 3

      STREETS SUBJECT TO STREET WORKS

    4. SCHEDULE 4

      STREETS TO BE PERMANENTLY STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

    5. SCHEDULE 5

      PUBLIC RIGHTS OF WAY

      1. PART 1 PUBLIC RIGHTS OF WAY TO BE TEMPORARILY SUSPENDED

      2. PART 2 NEW PUBLIC RIGHTS OF WAY TO BE CREATED

    6. SCHEDULE 6

      1. PART 1 PRIVATE MEANS OF ACCESS TO BE CLOSED FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

      2. PART 2 NEW PRIVATE MEANS OF ACCESS CREATED

    7. SCHEDULE 7

      CLEARWAYS

    8. SCHEDULE 8

      CLASSIFICATION OF HIGHWAYS

    9. SCHEDULE 9

      SPEED LIMITS

    10. SCHEDULE 10

      LAND IN WHICH ONLY NEW RIGHTS ETC., MAY BE ACQUIRED

      1. PART 1 OPTION A – LAND IN WHICH ONLY NEW RIGHTS ETC., MAY BE ACQUIRED

      2. PART 2 OPTION B - LAND IN WHICH ONLY NEW RIGHTS ETC., MAY BE ACQUIRED

    11. SCHEDULE 11

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

      1. 1.Compensation enactments

      2. 2.(1) Without prejudice to the generality of paragraph 1, the...

      3. 3.(1) Without limitation on the scope of paragraph (1), the...

      4. 4.Application of the 1965 Act

      5. 5.For section 7 of the 1965 Act (measure of compensation)...

      6. 6.Section 8(1) of the 1965 Act has effect as if...

      7. 7.The following provisions of the 1965 Act (which state the...

      8. 8.Section 11 of the 1965 Act (powers of entry) is...

      9. 9.Section 20 of the 1965 Act (tenants at will, etc..)...

      10. 10.Section 22 of the 1965 Act (interests omitted from purchase)...

    12. SCHEDULE 12

      LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

      1. PART 1 OPTION A - LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

      2. PART 2 OPTION B - LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

    13. SCHEDULE 13

      REMOVAL OF HEDGEROWS

      1. PART 1 HEDGEROWS

      2. PART 2 IMPORTANT HEDGEROWS

    14. SCHEDULE 14

      PROTECTIVE PROVISIONS

      1. PART 1 FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS

        1. 1.For the protection of the utility undertakers referred to in...

        2. 2.In this Part of this Schedule— “alternative apparatus” means alternative...

        3. 3.This Part of this Schedule does not apply to apparatus...

        4. 4.(1) Where any street is stopped up under article 14...

        5. 5.Regardless of any provision in this Order or anything shown...

        6. 6.(1) If, in the exercise of the powers conferred by...

        7. 7.(1) Where, in accordance with the provisions of this Part...

        8. 8.(1) Not less than 28 days before starting the execution...

        9. 9.(1) Subject to the following provisions of this paragraph, the...

        10. 10.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        11. 11.Nothing in this Part of this Schedule affects the provisions...

      2. PART 2 FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

        1. 12.(1) For the protection of any operator, the following provisions...

        2. 13.The exercise of the powers of article 34 (statutory undertakers)...

        3. 14.(1) Subject to sub-paragraphs (2) to (4), if as the...

        4. 15.This Part of this Schedule does not apply to—

        5. 16.Nothing in this Part of this Schedule affects the provisions...

      3. PART 3 FOR THE PROTECTION OF ANGLIAN WATER SERVICES LIMITED

        1. 17.Application

        2. 18.Interpretation

        3. 19.Apparatus in stopped up streets

        4. 20.Acquisition of land

        5. 21.Removal of apparatus

        6. 22.Facilities and rights for alternative apparatus

        7. 23.Retained apparatus

        8. 24.Expenses and costs

        9. 25.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        10. 26.Anglian Water must use its reasonable endeavours to mitigate losses...

        11. 27.Cooperation

        12. 28.Unmapped Apparatus

        13. 29.Miscellaneous

        14. 30.The undertaker and Anglian Water may by written agreement substitute...

        15. 31.Disputes

      4. PART 4 FOR THE PROTECTION OF NORTHERN POWERGRID (YORKSHIRE) PLC

        1. 32.For the protection of Northern Powergrid the following provisions have...

        2. 33.In this Part of this Schedule— “alternative apparatus” means alternative...

        3. 34.This Part of this Schedule does not apply to apparatus...

        4. 35.Regardless of any provision in this Order or anything shown...

        5. 36.(1) If, in the exercise of the powers conferred by...

        6. 37.(1) Where, in accordance with the provisions of this Part...

        7. 38.(1) Not less than 35 days before starting the execution...

        8. 39.(1) Subject to the following provisions of this paragraph, the...

        9. 40.(1) Subject to sub-paragraphs (2) to (4), if by reason...

        10. 41.Nothing in this Part of this Schedule affects the provisions...

        11. 42.Where in consequence of the proposed construction of any of...

        12. 43.If in consequence of an agreement reached in accordance with...

        13. 44.The plans submitted to Northern Powergrid by the undertaker pursuant...

        14. 45.Where practicable, the Undertaker and Northern Powergrid will make reasonable...

      5. PART 5 FOR THE PROTECTION OF RAILWAY INTERESTS

        1. 46.The provisions of this Part of this Schedule have effect,...

        2. 47.In this Part of this Schedule— “asset protection agreement” means...

        3. 48.(1) Where under this Part of this Schedule Network Rail...

        4. 49.(1) The undertaker must not exercise the powers conferred by—...

        5. 50.(1) The undertaker must before commencing construction of any specified...

        6. 51.(1) Any specified work and any protective works to be...

        7. 52.The undertaker must— (a) at all times afford reasonable facilities...

        8. 53.Network Rail must at all times afford reasonable facilities to...

        9. 54.(1) If any permanent or temporary alterations or additions to...

        10. 55.The undertaker must repay to Network Rail all reasonable fees,...

        11. 56.(1) In this paragraph— “EMI” means, subject to sub-paragraph (2),...

        12. 57.If at any time after the completion of a specified...

        13. 58.The undertaker must not provide any illumination or illuminated sign...

        14. 59.Any additional expenses which Network Rail may reasonably incur in...

        15. 60.(1) The undertaker must pay to Network Rail all reasonable...

        16. 61.Network Rail must, on receipt of a request from the...

        17. 62.In the assessment of any sums payable to Network Rail...

        18. 63.The undertaker and Network Rail may, subject in the case...

        19. 64.Nothing in this Order, or in any enactment incorporated with...

        20. 65.The undertaker must give written notice to Network Rail if...

        21. 66.The undertaker must no later than 28 days from the...

        22. 67.In relation to any dispute arising under this Part of...

      6. PART 6 FOR THE PROTECTION OF CADENT GAS LIMITED

        1. Application

          1. 68.For the protection of Cadent the following provisions will, unless...

        2. Interpretation

          1. 69.In this Part of the Schedule— “acceptable credit provider” means...

        3. On Street apparatus

          1. 70.(1) This Part of this Schedule does not apply to...

        4. Apparatus of Cadent in stopped up streets

          1. 71.(1) Where any street is stopped up under article 14...

        5. Acquisition of land

          1. 72.(1) Regardless of any provision in this Order or anything...

        6. Removal of apparatus

          1. 73.(1) If, in the exercise of the powers conferred by...

        7. Facilities and rights for alternative apparatus

          1. 74.(1) Where, in accordance with the provisions of this Part...

        8. Retained apparatus: protection of Cadent

          1. 75.(1) Not less than 56 days before the commencement of...

        9. Expenses

          1. 76.(1) Subject to the following provisions of this paragraph, the...

        10. Indemnity

          1. 77.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        11. Enactments and agreements

          1. 78.Except where this Part of this Schedule provides otherwise, nothing...

        12. Co-operation

          1. 79.(1) Where in consequence of the proposed construction of any...

        13. Access

          1. 80.If in consequence of any agreement reached in accordance with...

        14. Arbitration

          1. 81.Save for differences or disputes arising under sub-paragraph 73 any...

        15. Notices

          1. 82.Notwithstanding article 47 (service of notices) any plans submitted to...

    15. SCHEDULE 15

      DOCUMENTS AND PLANS TO BE CERTIFIED

  11. Explanatory Note