PART 2PRINCIPAL POWERS
Development consent etc. granted by the Order
article 4 4.—(1) Subject to the provisions of this Order, including the requirements, the undertaker is granted development consent for the authorised development to be carried out within the Order limits.
(2) Each numbered work must be situated within the corresponding numbered area shown on the works plans and within the limits of deviation.
Limits of deviation
article 5 5.—(1) In carrying out the authorised development the undertaker may—
article 5 1 a (a)deviate laterally from the lines or situations of the authorised development shown on the works plans to the extents of the limits of deviation show on those plans provided that a minimum separation distance of 100m is maintained between the bunker hall (within Work No. 1) and the River Trent at their closest point; and
article 5 1 b (b)in relation to Work Nos. 1, 1A, 1B, 1C, 1D, 2, 6, 7, 8, 9, 12, 12A, 13, 14, 15A and 15B deviate vertically to the extent upwards as shown on the vertical parameters plans and listed in the parameters table in Part 2 of Schedule 1;
article 5 1 c (c)in relation to Work Nos. 1, 1A, 1B, 1C, 1D, 2, 6, 7, 8, 9, 12, 12A, 13, 14, 15A and 15B deviate vertically to any extent downwards as may be found necessary to construct foundations or any underground structure;
article 5 1 d (d)in relation to Work Nos. 3 and 4 deviate vertically by a maximum of 1 metre upwards or 1 metre downwards from the AOD levels shown on the indicative railway plans or listed in the parameters table in 2 of Schedule 1; and
article 5 1 e (e)deviate vertically downwards by up to 3 metres in relation to Work Nos. 10 and 11.
(2) The undertaker must construct Work No. 5 within the following vertical limits of deviation: between 2.1 metres AOD and 5.2 metres AOD.
Maintenance of authorised development
article 6 6.—(1) The undertaker is authorised to, and may at any time, maintain the authorised development subject to any provision in this Order, including the requirements, or to an agreement made under this Order.
(2) This article only authorises the carrying out of maintenance works within the Order limits.
Operation of authorised development
article 7 7.—(1) The undertaker is authorised to use and operate the authorised development.
(2) This article does not relieve the undertaker of any requirement to obtain any permit or licence or any obligation under any legislation that may be required to authorise the operation of the authorised development.
Planning permission
article 8 8. If planning permission is granted under the powers conferred by the 1990 Act for development any part of which is within the Order limits following the coming into force of this Order that is not—
article 8 a (a)itself a nationally significant infrastructure project under the 2008 Act or part of such a project; or
article 8 b (b)required to complete or enable the use or operation of any part of the development authorised by this Order,
then the carrying out, use or operation of such development under the terms of the planning permission does not constitute a breach of the terms of this Order so long as the carrying out, use of operation of such development does not prevent the undertaker from complying with this Order.
Benefit of the Order
article 9 9.—(1) Subject to article 10 (consent to transfer the benefit of the Order), the provisions of this Order have effect solely for the benefit of the undertaker.
(2) Paragraph (1) does not apply to the works for which consent is granted by this Order for the express benefit of the owners and occupiers of land, statutory undertakers and other persons affected by the authorised development.
Consent to transfer the benefit of the Order
article 10 10.—(1) Subject to paragraph (4) the undertaker may—
article 10 1 a (a)term the transferee transfer to another person (“the transferee”) any or all of the benefit of the provisions of this Order and such related statutory rights as may be agreed in writing between the undertaker and the transferee; or
article 10 1 b (b)term the lessee grant to another person (“the lessee”) for a period agreed between the undertaker and the lessee any or all of the benefit of the provisions of this Order and such related statutory rights as may be so agreed in writing between the undertaker and the lessee.
(2) Where an agreement has been made in accordance with paragraph (1) references in this Order to the undertaker, except in paragraph (3) and paragraph (8) include references to the transferee or the lessee.
(3) The exercise by a person of any benefits or rights conferred in accordance with any transfer or grant under paragraph (1) is subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by the undertaker.
(4) The consent of the Secretary of State is required for the exercise of the powers of paragraph (1) except where the transferee or lessee is—
article 10 4 a (a)the holder of a licence under section 6 (licences authorising supply, etc.) of the 1989 Act;
article 10 4 b (b)in relation to a transfer or lease of utility or other infrastructure connection works the relevant statutory undertaker or licence holder; or
article 10 4 c (c)in relation to a transfer or lease of any works within a highway a highway authority responsible for the relevant highway.
(5) Where the consent of the Secretary of State is not required under paragraph (4) the undertaker must notify the Secretary of State in writing before transferring or granting any or all of the benefit referred to in paragraph (1).
(6) The notification referred to in paragraph (5) must state—
article 10 6 a (a)the name and contact details of the person to whom the benefit of the powers are to be transferred or granted;
article 10 6 b (b)subject to paragraph (7), the date on which the transfer is proposed to take effect;
article 10 6 c (c)the powers to be transferred or granted;
article 10 6 d (d)the restrictions, liabilities and obligations that are to apply to the person exercising the powers transferred or granted under paragraph (3); and
article 10 6 e (e)where relevant, a plan showing the works or areas to which the transfer or grant relates.
(7) The date specified under paragraph (6)(b) must not be earlier than the expiry of fourteen working days from the date of the receipt of the notice.
(8) The notice given under paragraph (6) must be signed by the undertaker and the person to whom the benefit of the powers are to be transferred or granted as specified in that notice.
term licence holder (9) In this article “relevant statutory undertaker” or “licence holder” means a body—
article 10 9 a (a)who falls within section 127(8) (statutory undertakers’ land) of the 2008 Act, is a holder of a statutory licence or a licence granted under a statute or other regulatory framework; and
article 10 9 b (b)whose licensed duties include owning, operating or maintaining utilities and or infrastructure and their connections.
Application and modification of legislative provisions
article 11 11.—(1) Regulation 6 of the Hedgerows Regulations 1997(1) is modified so as to read for the purposes of this Order only as if there were inserted after paragraph (1)(j) the following—
“or
(k)for carrying out development which has been authorised by an order granting development consent pursuant to the Planning Act 2008.”.
(2) The provisions of the Neighbourhood Planning Act 2017(2) insofar as they relate to temporary possession of land under articles 32 (temporary use of land for carrying out the authorised development) and 33 (temporary use of land for maintaining the authorised development) of this Order do not apply in relation to the construction of works carried out for the purpose of, or in connection with, the construction or maintenance of the authorised project.