Article 26
SCHEDULE 10LAND IN WHICH ONLY NEW RIGHTS ETC., MAY BE ACQUIRED
PART 1OPTION A – LAND IN WHICH ONLY NEW RIGHTS ETC., MAY BE ACQUIRED
(1) Number of land shown on land plan | (2) Purpose for which rights may be acquired |
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Access tracks Plots 1-1, 1-2, 1-3, 1-11, 1-12, 1-13, 1-14, 2-12, 2-13, 2-15, 2-16, 2-17, 2-18, 3-3, 3-4, 3-5, 3-6, 3-7, 3-8, 3-17, 3-18, 3-22, 3-25, 4-33, 4-81, 6-2, 8-4, 8-5, 8-6, 8-7, 8-8 | (1) The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised development and to— schedule 10 paragraph 1 a (a)pass and repass with or without vehicles, plant, equipment, materials and machinery to access adjoining land and highway for the purposes of laying, installing, adjusting, altering, constructing, using, maintaining, repairing, renewing, upgrading, inspecting, removing and replacing authorised works; schedule 10 paragraph 1 b (b)retain and maintain existing hardstandings and lay down, use, repair, alter and remove hardstandings for the purposes of access to adjoining land and highway; schedule 10 paragraph 1 c (c)retain, maintain and use temporary supporting or protective structures and erect temporary supporting or protective structures (including the bridging over or protection of the apparatus of the statutory undertakers) for the purposes of access to adjoining land and highway; schedule 10 paragraph 1 d (d)alter, lop, uproot and replant trees, shrubs and hedges and other vegetation for the purposes of enabling the right to pass and repass to and from adjoining land; schedule 10 paragraph 1 e (e)retain and maintain existing temporary permissive paths and lay out temporary permissive paths for public use (if applicable); schedule 10 paragraph 1 f (f)effect access and egress to and from the highway; schedule 10 paragraph 1 g (g)retain, maintain, straighten, widen, repair, alter, upgrade and use existing access routes for the purposes of accessing adjoining land and highway; schedule 10 paragraph 1 h (h)remove fences, hedges or other barriers during any period in which construction, maintenance, upgrading, improvement, renewal or removal works are being carried out and for the exercise of the power to access the cables (subject to the prior erection of any temporary stock proof fencing as is reasonably required and the replacement or re-instatement of the fences, hedges or other barriers following the end of each period of the exercise of the rights); and schedule 10 paragraph 1 i (i)construct, install, use, retain, maintain, inspect, modify, improve, adjust, repair, replace, extend, test, cleanse and remove temporary or permanent drainage and manage waterflows in any drains, watercourses and culverts. term adjoining land “adjoining land” for the purposes of this paragraph 1 means such other parts of the land within the Order limits required for the authorised development. |
Access tracks (public rights of way) Plots 5-66, 5-67 | (2) The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised development and to— schedule 10 paragraph 2 a (a)pass and repass with or without vehicles, plant, equipment, materials and machinery to access adjoining land and highway for the purposes of laying, installing, adjusting, altering, constructing, using, maintaining, repairing, renewing, upgrading, inspecting, removing and replacing authorised works; schedule 10 paragraph 2 b (b)retain and maintain existing hardstandings for the purposes of access to adjoining land and highway; schedule 10 paragraph 2 c (c)retain, maintain and use temporary supporting or protective structures and erect temporary supporting or protective structures (including the bridging over or protection of the apparatus of the statutory undertakers) for the purposes of access to adjoining land and highway; schedule 10 paragraph 2 d (d)alter, lop, uproot and replant trees, shrubs and hedges and other vegetation for the purposes of enabling the right to pass and repass to and from adjoining land; schedule 10 paragraph 2 e (e)effect access and egress to and from the highway; schedule 10 paragraph 2 f (f)retain, maintain, straighten, widen, repair, alter, upgrade and use existing access routes for the purposes of accessing adjoining land and highway; schedule 10 paragraph 2 g (g)remove fences, hedges or other barriers during any period in which construction, maintenance, upgrading, improvement, renewal or removal works are being carried out (subject to the prior erection of any temporary stock proof fencing as is reasonably required and the replacement or re-instatement of the fences, hedges or other barriers following the end of each period of the exercise of the rights); and schedule 10 paragraph 2 h (h)construct, install, use, retain, maintain, inspect, modify, improve, adjust, repair, replace, extend, test, cleanse and remove temporary or permanent drainage and manage waterflows in any drains, watercourses and culverts. term adjoining land “adjoining land” for the purposes of this paragraph 1 means such other parts of the land within the Order limits required for the authorised development. |
Full cable rights Plots 1-4, 1-5, 1-9, 1-10, 2-1, 2-2, 2-4, 2-9, 2-14, 3-3, 3-9, 3-11, 3-12, 3-13, 3-14, 3-19, 3-20, 3-21, 3-26, 4-1, 4-18, 4-21, 4-22, 4-23, 4-106, 5-26, 5-28, 5-31, 5-57, 5-58, 9-1, 9-4, 9-8, 9-11, 9-12, 9-14, 9-19, 9-20, 9-22, 9-23, 9-24, 9-25, 9-27, 9-28, 9-32, 9-35, 9-37, 10-35, 10-53, 10-56, 10-57, 10-60, 10-62 | (3) The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised development and to— schedule 10 paragraph 3 a (a)construct, lay and install, adjust, alter, use, maintain, repair, replace, renew, upgrade, inspect and remove the cables and pipes by way of drilling and/or trenching; schedule 10 paragraph 3 b (b)construct, install, use, retain, maintain, inspect, modify, improve, adjust, repair, extend, test, cleanse, and remove temporary or permanent drainage and manage waterflows in any drains, watercourse and culverts; schedule 10 paragraph 3 c (c)pass and repass, with or without vehicles, plant, equipment, materials and machinery for the purposes of constructing, laying, installing, adjusting, altering, using, maintaining, repairing, replacing, renewing, upgrading, inspecting and removing the pipes, cables, cable ducts and jointing works; schedule 10 paragraph 3 d (d)retain and maintain existing hardstandings and lay down, use, repair, alter and remove hardstandings for the purposes of constructing, laying, installing, adjusting, altering, using maintaining, repairing, replacing, renewing, upgrading, inspecting and removing the pipes, cables, cable ducts and jointing works; schedule 10 paragraph 3 e (e)enter and be upon the land and remain with or without plant, vehicles, machinery, apparatus and equipment which is ancillary to the purposes of transmitting electricity along the cables and steam along the pipes, or use of the cable ducts and jointing works; schedule 10 paragraph 3 f (f)retain and use the pipes and cables for the purposes of the transmission of steam, communications, gas and electricity; schedule 10 paragraph 3 g (g)place and use plant, machinery and temporary structures within the land for the installation, construction, maintenance, repairing, renewing, upgrading, inspecting, removal and replacing of the pipes, cables, cable ducts and jointing works; schedule 10 paragraph 3 h (h)install and maintain cable marker posts to identify the location of the cables, cable ducts and jointing works as required for routine integrity testing; schedule 10 paragraph 3 i (i)remove, store and stockpile materials (including excavated material) within the Order land; schedule 10 paragraph 3 j (j)remove fences, hedges or other barriers during any period in which construction, maintenance, upgrading, improvement, renewal or removal are being carried out and for the exercise of the power to access the pipes and cables (subject to the prior erection of any temporary stock proof fencing as is reasonably required and the replacement or re-instatement of the fences, hedges or other barriers following the end of each period of the exercise of the rights); schedule 10 paragraph 3 k (k)install, alter, re-lay, maintain, protect, adjust or remove pipes, cables, conduits or apparatus (including the pipes, cables, conduits or apparatus of statutory undertakers); schedule 10 paragraph 3 l (l)carry out works to lop, fell, cut or coppice trees or remove roots of trees or hedges or shrubs; schedule 10 paragraph 3 m (m)retain and maintain existing temporary permissive paths or lay out temporary permissive paths for public use (if applicable); schedule 10 paragraph 3 n (n)remove archaeological artefacts where they would prevent or cause it to be materially more difficult or expensive to construct, lay, install, adjust, alter, use, maintain, repair, replace, renew, upgrade, inspect or remove the pipes, cables, cable ducts and jointing works; schedule 10 paragraph 3 o (o)carry out environmental mitigation, remediation and enhancement works; schedule 10 paragraph 3 p (p)install, construct, use and remove temporary welfare facilities during any periods of construction, maintenance, repair, replacement, renewal, upgrade and removal of the pipes, cables, cable ducts and jointing works; schedule 10 paragraph 3 q (q)when the pipes and cables are temporarily unusable, to lay down, install, use, maintain and inspect on the surface of the land steam pipes, electric lines, ancillary equipment and associated works and other conducting media together with conduits or pipes for containing the same in and under the land; and schedule 10 paragraph 3 r (r)place temporarily and use plant, machinery and structures on the land in connection with the lighting of the land and the authorised development. (4) The right to enter and remain on the land for the purposes of the construction, installation, operation, maintenance and decommissioning of the authorised development, and to— schedule 10 paragraph 4 a (a)enter upon the land and to create temporary secure areas; schedule 10 paragraph 4 b (b)place equipment on the land, including portakabins and welfare equipment; schedule 10 paragraph 4 c (c)store plant, materials and equipment; schedule 10 paragraph 4 d (d)create car parking sites, site offices, site areas for temporary security and welfare facilities; schedule 10 paragraph 4 e (e)effect access and egress to and from the highway; schedule 10 paragraph 4 f (f)create fuel storage and bunded facilities for the storage of materials ancillary to the implementation of the authorised development; and schedule 10 paragraph 4 g (g)access the underground pipes, cables, cable ducts and jointing works and any other land used or to be used in connection with the installation and use of the underground steam pipes,, cables, cable ducts and jointing works, over the temporary secure area within the land, for purposes in connection with the installation and use of the underground steam pipes and cables. (5) The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised development and to— schedule 10 paragraph 5 a (a)pass and repass with or without vehicles, plant, equipment, materials and machinery to access adjoining land and highway for the purposes of laying, installing, adjusting, altering, constructing, using, maintaining, repairing, renewing, upgrading, inspecting, removing and replacing the pipes, cables, cable ducts and jointing works; schedule 10 paragraph 5 b (b)retain and maintain existing hardstandings and lay down, use, repair, alter and remove hardstandings for the purposes of access to adjoining land and highway; schedule 10 paragraph 5 c (c)erect temporary supporting or protective structures (including the bridging over or protection of the apparatus of the statutory undertakers) for the purposes of access to adjoining land and highway; schedule 10 paragraph 5 d (d)alter, lop, uproot and replant trees, shrubs and hedges and other vegetation for the purposes of enabling the right to pass and repass to and from adjoining land; schedule 10 paragraph 5 e (e)retain and maintain existing temporary permissive paths or lay out temporary permissive paths for public use (if applicable); schedule 10 paragraph 5 f (f)effect access and egress to and from the highway; schedule 10 paragraph 5 g (g)retain, maintain, straighten, widen, repair, alter, upgrade and use existing access routes for the purposes of accessing adjoining land and highway; schedule 10 paragraph 5 h (h)remove fences, hedges or other barriers during any period in which construction, maintenance, upgrading, improvement, renewal or removal are being carried out and for the exercise of the power to access the pipes and cables (subject to the prior erection of any temporary stock proof fencing as is reasonably required and the replacement or re-instatement of the fences, hedges or other barriers following the exercise of the rights); and schedule 10 paragraph 5 i (i)construct, retain, maintain, install, use, inspect, modify, improve, maintain, adjust, repair, replace, extend, test, cleanse and remove temporary or permanent drainage and manage waterflows in any drains, watercourses and culverts. term adjoining land “adjoining land” for the purposes of this paragraph 3 means such other parts of the land within the Order limits required for the authorised development. (6) A restrictive covenant over the land for the benefit of the remainder of the Order land to— schedule 10 paragraph 6 a (a)prevent anything to be done in or upon the Order land or any part thereof for the purpose of the erection of any buildings or construction or erection of works of any kind (including the foundations, footings or other supportive structures thereto); schedule 10 paragraph 6 b (b)prevent anything to be done by way of hard surfacing of the Order land with concrete of any kind or with any other material or surface whatsoever without the consent in writing of the undertaker (such consent not to be unreasonably withheld or delayed if the proposed surfacing would not cause damage to relevant part of the authorised development nor make it materially more difficult or expensive to maintain the authorised development); schedule 10 paragraph 6 c (c)prevent mole draining or anything to be done by way of excavation of any kind in the Order land nor any activities which increase or decrease ground cover or soil levels in any manner whatsoever without the consent in writing of the undertaker save as are reasonably required for agricultural activities; schedule 10 paragraph 6 d (d)prevent the planting or growing within the Order land of any trees, shrubs or underwood without the consent in writing of the undertaker (such consent not to be unreasonably withheld or delayed provided that the proposed trees, shrubs or underwood would not cause damage to the relevant part of the authorised development nor make it materially more difficult or expensive to access the relevant part of the authorised development) provided that the growing within the land of any pre-existing trees, shrubs or underwood do not require the consent of the undertaker; and schedule 10 paragraph 6 e (e)prevent anything to be done in or upon the Order land or any part thereof which shall or which it is reasonably foreseeable may interfere with the exercise of the other rights set out in this Schedule or the use of the authorised development or in any way render the authorised development or any part thereof in breach of any statute or regulation for the time being in force and applicable thereto. |
Cable rights in highways Plots 1-7, 1-8, 2-3, 4-2, 4-3, 4-6, 4-7, 4-13, 4-14, 4-16, 4-17, 4-19, 4-25, 4-27, 4-38, 4-39, 4-107, 4-108, 5-23, 5-24, 5-25, 5-27, 5-29, 5-30, 5-32, 5-33, 5-59, 5-60, 5-61, 5-62, 5-89, 9-5, 9-18, 9-26, 9-29, 9-31, 10-1, 10-2, 10-3, 10-4, 10-5, 10-6, 10-7, 10-10, 10-12, 10-13, 10-18, 10-37, 10-38, 10-50, 10-54, 10-61, 10-64, 10-73, 10-75, 10-76, 10-79, 10-80 | (7) The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised development and to— schedule 10 paragraph 7 a (a)construct, lay and install, adjust, alter, use, maintain, repair, replace, renew, upgrade, inspect and remove the cables and pipes by way of drilling and/or trenching; schedule 10 paragraph 7 b (b)construct, retain, maintain, install, use, inspect, modify, improve, maintain, adjust, repair, extend, test, cleanse, and remove temporary or permanent drainage and manage waterflows in any drains, watercourse and culverts; schedule 10 paragraph 7 c (c)pass and repass, with or without vehicles, plant, equipment, materials and machinery for the purposes of constructing, laying, installing, adjusting, altering, using, maintaining, repairing, replacing, renewing, upgrading, inspecting and removing the pipes, cables and cable ducts; schedule 10 paragraph 7 d (d)retain and maintain existing hardstandings and lay down, use, repair, alter and remove hardstandings for the purposes of constructing, laying, installing, adjusting, altering, using maintaining, repairing, replacing, renewing, upgrading, inspecting and removing the pipes, cables and cable ducts; schedule 10 paragraph 7 e (e)enter and be upon the land and remain with or without plant, vehicles, machinery, apparatus and equipment which is ancillary to the purposes of transmitting electricity and telecommunications along the pipes, cables and cable ducts; schedule 10 paragraph 7 f (f)retain and use the cables for the purposes of the transmission of steam, telecommunications and electricity; schedule 10 paragraph 7 g (g)place and use plant, machinery and temporary structures within the land for the installation, construction, maintenance, repairing, renewing, upgrading, inspecting, removal and replacing of the pipes, cables and cable ducts; schedule 10 paragraph 7 h (h)install and maintain cable marker posts to identify the location of the pipes, cables and cable ducts as required for routine integrity testing; schedule 10 paragraph 7 i (i)remove store and stockpile materials (including excavated material) within the Order land; schedule 10 paragraph 7 j (j)remove fences, hedges or other barriers during any period in which construction, maintenance, upgrading, improvement, renewal or removal are being carried out and for the exercise of the power to access the cables (subject to the prior erection of any temporary stock proof fencing as is reasonably required and the replacement or re-instatement of the fences, hedges or other barriers following the end of each period of the exercise of the rights); schedule 10 paragraph 7 k (k)install, alter, re-lay, maintain, protect, adjust or remove pipes, cables, conduits or apparatus (including the pipes, cables, conduits or apparatus of statutory undertakers); schedule 10 paragraph 7 l (l)carry out works to lop, fell, cut or coppice trees or remove roots of trees or hedges or shrubs; schedule 10 paragraph 7 m (m)retain and maintain existing temporary permissive paths or lay out temporary permissive paths for public use (if applicable); schedule 10 paragraph 7 n (n)remove archaeological artefacts where they would prevent or cause it to be materially more difficult or expensive to construct, lay, install, adjust, alter, use, maintain, repair, replace, renew, upgrade, inspect or remove the pipes, cables and cable ducts; schedule 10 paragraph 7 o (o)carry out environmental mitigation, remediation and enhancement works; schedule 10 paragraph 7 p (p)install, construct, use and remove temporary welfare facilities during any periods of maintenance, repair, replacement, renewal, upgrade and removal of the pipes, cables and cable ducts; schedule 10 paragraph 7 q (q)when the pipes or cables are temporarily unusable, to lay down, install, use, maintain and inspect on the surface of the land steam pipes, electric lines, telecommunications, ancillary equipment and associated works and other conducting media together with conduits or pipes for containing the same in and under the land; and schedule 10 paragraph 7 r (r)place temporarily and use plant, machinery and structures on the land in connection with the lighting of the land and the authorised development. |
Major crossings (railway, highways) Plots 2-6, 2-7, 3-23, 3-24 | (8) The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised development and to— schedule 10 paragraph 8 a (a)construct, lay and install, adjust, alter, use, maintain, repair, replace, renew, upgrade, inspect and remove the pipes, pipe sleeves and cables by way of horizontal drilling or other trenchless techniques; schedule 10 paragraph 8 b (b)construct, retain, maintain, install, use, inspect, modify, improve, maintain, adjust, repair, extend, test, cleanse, and remove temporary or permanent drainage and manage waterflows in any drains, watercourse and culverts; schedule 10 paragraph 8 c (c)enter the land with or without machinery, apparatus and equipment which is ancillary to the purposes of transmitting steam along the pipes and electricity along the cables and cable ducts; schedule 10 paragraph 8 d (d)retain and use the pipes and cables for the purposes of the transmission of steam and electricity; and schedule 10 paragraph 8 e (e)install, alter, re-lay, maintain, protect, adjust or remove pipes, cables, conduits or apparatus (including the pipes, cables, conduits or apparatus of statutory undertakers). |
Highway works Plots 4-2, 4-3, 4-4, 4-5, 4-6, 4-7, 4-8, 4-13, 4-21, 4-22, 4-23, 4-25, 4-27, 4-98, 4-105, 4-106, 4-107, 4-108, 5-23, 5-24, 5-25, 5-26, 5-27, 5-28, 5-29, 5-30, 5-36, 5-37, 5-55, 5-62 | (9) The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised development and to— schedule 10 paragraph 9 a (a)construct, adjust, alter, use, maintain, repair, replace, renew, upgrade, inspect and remove road works and associated infrastructure and street furniture; schedule 10 paragraph 9 b (b)construct, retain, maintain, install, use, inspect, modify, improve, maintain, adjust, repair, extend, test, cleanse, and remove temporary or permanent drainage and manage waterflows in any drains, watercourse and culverts; schedule 10 paragraph 9 c (c)enter the land with or without machinery, apparatus and equipment which is ancillary to the purposes of road works; schedule 10 paragraph 9 d (d)install, alter, re-lay, maintain, protect, adjust or remove pipes, cables, conduits or apparatus of statutory undertakers. |
Utility works Plots 4-2, 4-3, 4-6, 4-7, 4-13, 4-14, 4-16, 4-17, 4-18, 4-19, 4-21, 4-22, 4-23, 4-25, 4-26, 4-27, 4-38, 4-39, 4-106, 4-107, 4-180, 5-23, 5-24, 5-25, 5-26, 5-27, 5-28, 5-29, 5-30, 5-31, 5-32, 5-33, 5-36, 5-37, 5-55, 5-56, 5-57, 5-58, 5-59, 5-60, 5-61, 5-62, 5-64, 5-65, 5-68, 5-69, 5-82 | (10) The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised development and to— schedule 10 paragraph 10 a (a)divert install, underground, retain, use, monitor and maintain pipes, cables, conduits or apparatus of statutory undertakers; schedule 10 paragraph 10 b (b)pass and repass with or without vehicles, plant, equipment, materials and machinery to access adjoining land and highway for the purposes of laying, installing, adjusting, altering, constructing, using, maintaining, repairing, renewing, upgrading, inspecting, removing and replacing the pipes, cables, conduits or apparatus; schedule 10 paragraph 10 c (c)enter the land with or without machinery, apparatus and equipment which is ancillary to the purposes of utility works. term adjoining land “adjoining land” for the purposes of this paragraph 1 means such other parts of the land within the Order limits required for the authorised development. (11) A restrictive covenant over the land to protect the apparatus from excavation. |
Drainage rights Plots 4-34, 4-41, 4-42, 4-43, 4-44, 4-76, 4-81, 4-82, 4-87, 4-88, 4-95, 5-7, 5-8, 5-19, 5-90, 6-1, 6-2, 6-3, 6-5, 6-11, 6-12, 6-13, 6-83 | (12) The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised development and to construct, retain, maintain, install, use, inspect, modify, improve, adjust, repair, extend, test, cleanse, and remove temporary or permanent drainage and manage waterflows in any drains, watercourse and culverts. |
(13) The right to drain on, in and/or through the land to and from adjoining land. term adjoining land “adjoining land” for the purposes of this paragraph 2 means such other parts of the land within the Order limits required for the authorised development. (14) A restrictive covenant over the land for the benefit of the remainder of the Order land to prevent anything to be done in or upon the land or any part thereof which shall or which it is reasonably foreseeable may interfere with the right to drain. | |
Landscaping access Plots 5-76, 5-89, 6-34 | (15) The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised development and to enter the land with or without machinery, apparatus and equipment which is ancillary to the purposes of landscaping works. |
(16) A restrictive covenant over the land for the benefit of the remainder of the Order land to— schedule 10 paragraph 16 a (a)prevent anything to be done in or upon the land or any part thereof which shall or which it is reasonably foreseeable may interfere with access to the landscaping works; schedule 10 paragraph 16 b (b)prevent anything to be done in or upon the land or any part thereof which shall or which it is reasonably foreseeable may render the authorised development or any part thereof in breach of any statute or regulation for the time being in force and applicable thereto. | |
Railway works Plots 8-1, 8-2, 8-3, 8-5, 8-9 | (17) The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised development and to— schedule 10 paragraph 17 a (a)construct, adjust, alter, use, maintain, repair, replace, renew, upgrade, inspect and remove railway works and associated infrastructure; schedule 10 paragraph 17 b (b)construct, retain, maintain, install, use, inspect, modify, improve, maintain, adjust, repair, extend, test, cleanse, and remove temporary or permanent drainage and manage waterflows in any drains, watercourse and culverts; schedule 10 paragraph 17 c (c)enter the land with or without machinery, apparatus and equipment which is ancillary to the purposes of railway works. |
PART 2OPTION B - LAND IN WHICH ONLY NEW RIGHTS ETC., MAY BE ACQUIRED
(1) Number of land shown on land plan | (2) Purpose for which rights may be acquired |
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Access tracks Plots 1-1, 1-2, 1-3, 1-11, 1-12, 1-13, 1-14, 2-12, 2-13, 2-15, 2-16, 2-17, 2-18, 3-3, 3-4, 3-5, 3-6, 3-7, 3-8, 3-17, 3-18, 3-22, 3-25, 4-33, 4-81, 6-2, 8-4, 8-5, 8-6, 8-7, 8-8 | (18) The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised development and to— schedule 10 paragraph 18 a (a)pass and repass with or without vehicles, plant, equipment, materials and machinery to access adjoining land and highway for the purposes of laying, installing, adjusting, altering, constructing, using, maintaining, repairing, renewing, upgrading, inspecting, removing and replacing authorised works; schedule 10 paragraph 18 b (b)retain and maintain existing hardstandings and lay down, use, repair, alter and remove hardstandings for the purposes of access to adjoining land and highway; schedule 10 paragraph 18 c (c)retain, maintain and use temporary supporting or protective structures and erect temporary supporting or protective structures (including the bridging over or protection of the apparatus of the statutory undertakers) for the purposes of access to adjoining land and highway; schedule 10 paragraph 18 d (d)alter, lop, uproot and replant trees, shrubs and hedges and other vegetation for the purposes of enabling the right to pass and repass to and from adjoining land; schedule 10 paragraph 18 e (e)retain and maintain existing temporary permissive paths and lay out temporary permissive paths for public use (if applicable); schedule 10 paragraph 18 f (f)effect access and egress to and from the highway; schedule 10 paragraph 18 g (g)retain, maintain, straighten, widen, repair, alter, upgrade and use existing access routes for the purposes of accessing adjoining land and highway; schedule 10 paragraph 18 h (h)remove fences, hedges or other barriers during any period in which construction, maintenance, upgrading, improvement, renewal or removal works are being carried out and for the exercise of the power to access the cables (subject to the prior erection of any temporary stock proof fencing as is reasonably required and the replacement or re-instatement of the fences, hedges or other barriers following the end of each period of the exercise of the rights); and schedule 10 paragraph 18 i (i)construct, install, use, retain, maintain, inspect, modify, improve, adjust, repair, replace, extend, test, cleanse and remove temporary or permanent drainage and manage waterflows in any drains, watercourses and culverts. term adjoining land “adjoining land” for the purposes of this paragraph 1 means such other parts of the land within the Order limits required for the authorised development. |
Access tracks (public rights of way) Plots 5-66, 5-67 | (19) The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised development and to— schedule 10 paragraph 19 a (a)pass and repass with or without vehicles, plant, equipment, materials and machinery to access adjoining land and highway for the purposes of laying, installing, adjusting, altering, constructing, using, maintaining, repairing, renewing, upgrading, inspecting, removing and replacing authorised works; schedule 10 paragraph 19 b (b)retain and maintain existing hardstandings for the purposes of access to adjoining land and highway; schedule 10 paragraph 19 c (c)retain, maintain and use temporary supporting or protective structures and erect temporary supporting or protective structures (including the bridging over or protection of the apparatus of the statutory undertakers) for the purposes of access to adjoining land and highway; schedule 10 paragraph 19 d (d)alter, lop, uproot and replant trees, shrubs and hedges and other vegetation for the purposes of enabling the right to pass and repass to and from adjoining land; schedule 10 paragraph 19 e (e)effect access and egress to and from the highway; schedule 10 paragraph 19 f (f)retain, maintain, straighten, widen, repair, alter, upgrade and use existing access routes for the purposes of accessing adjoining land and highway; schedule 10 paragraph 19 g (g)remove fences, hedges or other barriers during any period in which construction, maintenance, upgrading, improvement, renewal or removal works are being carried out (subject to the prior erection of any temporary stock proof fencing as is reasonably required and the replacement or re-instatement of the fences, hedges or other barriers following the end of each period of the exercise of the rights); and schedule 10 paragraph 19 h (h)construct, install, use, retain, maintain, inspect, modify, improve, adjust, repair, replace, extend, test, cleanse and remove temporary or permanent drainage and manage waterflows in any drains, watercourses and culverts. term adjoining land “adjoining land” for the purposes of this paragraph 1 means such other parts of the land within the Order limits required for the authorised development. |
Full cable rights Plots 1-4, 1-5, 1-9, 1-10, 2-1, 2-2, 2-4, 2-9, 2-14, 3-3, 3-9, 3-11, 3-12, 3-13, 3-14, 3-19, 3-20, 3-21, 3-26, 4-1, 4-18, 4-21, 4-22, 4-23, 4-106, 5-26, 5-28, 5-31, 5-57, 5-58, 9-1, 9-4, 9-8, 9-11, 9-12, 9-14, 9-19, 9-20, 9-22, 9-23, 9-24, 9-25, 9-27, 9-28, 9-32, 9-35, 9-37, 10-11, 10-19, 10-20, 10-21, 10-22, 10-29, 10-35, 10-53, 10-56, 10-57, 10-60, 10-62 | (20) The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised development and to— schedule 10 paragraph 20 a (a)construct, lay and install, adjust, alter, use, maintain, repair, replace, renew, upgrade, inspect and remove the cables and pipes by way of drilling and/or trenching; schedule 10 paragraph 20 b (b)construct, install, use, retain, maintain, inspect, modify, improve, adjust, repair, extend, test, cleanse, and remove temporary or permanent drainage and manage waterflows in any drains, watercourse and culverts; schedule 10 paragraph 20 c (c)pass and repass, with or without vehicles, plant, equipment, materials and machinery for the purposes of constructing, laying, installing, adjusting, altering, using, maintaining, repairing, replacing, renewing, upgrading, inspecting and removing the pipes, cables, cable ducts and jointing works; schedule 10 paragraph 20 d (d)retain and maintain existing hardstandings and lay down, use, repair, alter and remove hardstandings for the purposes of constructing, laying, installing, adjusting, altering, using maintaining, repairing, replacing, renewing, upgrading, inspecting and removing the pipes, cables, cable ducts and jointing works; schedule 10 paragraph 20 e (e)enter and be upon the land and remain with or without plant, vehicles, machinery, apparatus and equipment which is ancillary to the purposes of transmitting electricity along the cables and steam along the pipes, or use of the cable ducts and jointing works; schedule 10 paragraph 20 f (f)retain and use the pipes and cables for the purposes of the transmission of steam, communications, gas and electricity; schedule 10 paragraph 20 g (g)place and use plant, machinery and temporary structures within the land for the installation, construction, maintenance, repairing, renewing, upgrading, inspecting, removal and replacing of the pipes, cables, cable ducts and jointing works; schedule 10 paragraph 20 h (h)install and maintain cable marker posts to identify the location of the cables, cable ducts and jointing works as required for routine integrity testing; schedule 10 paragraph 20 i (i)remove, store and stockpile materials (including excavated material) within the Order land; schedule 10 paragraph 20 j (j)remove fences, hedges or other barriers during any period in which construction, maintenance, upgrading, improvement, renewal or removal are being carried out and for the exercise of the power to access the pipes and cables (subject to the prior erection of any temporary stock proof fencing as is reasonably required and the replacement or re-instatement of the fences, hedges or other barriers following the end of each period of the exercise of the rights); schedule 10 paragraph 20 k (k)install, alter, re-lay, maintain, protect, adjust or remove pipes, cables, conduits or apparatus (including the pipes, cables, conduits or apparatus of statutory undertakers); schedule 10 paragraph 20 l (l)carry out works to lop, fell, cut or coppice trees or remove roots of trees or hedges or shrubs; schedule 10 paragraph 20 m (m)retain and maintain existing temporary permissive paths or lay out temporary permissive paths for public use (if applicable); schedule 10 paragraph 20 n (n)remove archaeological artefacts where they would prevent or cause it to be materially more difficult or expensive to construct, lay, install, adjust, alter, use, maintain, repair, replace, renew, upgrade, inspect or remove the pipes, cables, cable ducts and jointing works; schedule 10 paragraph 20 o (o)carry out environmental mitigation, remediation and enhancement works; schedule 10 paragraph 20 p (p)install, construct, use and remove temporary welfare facilities during any periods of construction, maintenance, repair, replacement, renewal, upgrade and removal of the pipes, cables, cable ducts and jointing works; schedule 10 paragraph 20 q (q)when the pipes and cables are temporarily unusable, to lay down, install, use, maintain and inspect on the surface of the land steam pipes, electric lines, ancillary equipment and associated works and other conducting media together with conduits or pipes for containing the same in and under the land; and schedule 10 paragraph 20 r (r)place temporarily and use plant, machinery and structures on the land in connection with the lighting of the land and the authorised development. (21) The right to enter and remain on the land for the purposes of the construction, installation, operation, maintenance and decommissioning of the authorised development, and to— schedule 10 paragraph 21 a (a)enter upon the land and to create temporary secure areas; schedule 10 paragraph 21 b (b)place equipment on the land, including portakabins and welfare equipment; schedule 10 paragraph 21 c (c)store plant, materials and equipment; schedule 10 paragraph 21 d (d)create car parking sites, site offices, site areas for temporary security and welfare facilities; schedule 10 paragraph 21 e (e)effect access and egress to and from the highway; schedule 10 paragraph 21 f (f)create fuel storage and bunded facilities for the storage of materials ancillary to the implementation of the authorised development; and schedule 10 paragraph 21 g (g)access the underground pipes, cables, cable ducts and jointing works and any other land used or to be used in connection with the installation and use of the underground steam pipes, cables, cable ducts and jointing works, over the temporary secure area within the land, for purposes in connection with the installation and use of the underground steam pipes and cables. (22) The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised development and to— schedule 10 paragraph 22 a (a)pass and repass with or without vehicles, plant, equipment, materials and machinery to access adjoining land and highway for the purposes of laying, installing, adjusting, altering, constructing, using, maintaining, repairing, renewing, upgrading, inspecting, removing and replacing the pipes, cables, cable ducts and jointing works; schedule 10 paragraph 22 b (b)retain and maintain existing hardstandings and lay down, use, repair, alter and remove hardstandings for the purposes of access to adjoining land and highway; schedule 10 paragraph 22 c (c)erect temporary supporting or protective structures (including the bridging over or protection of the apparatus of the statutory undertakers) for the purposes of access to adjoining land and highway; schedule 10 paragraph 22 d (d)alter, lop, uproot and replant trees, shrubs and hedges and other vegetation for the purposes of enabling the right to pass and repass to and from adjoining land; schedule 10 paragraph 22 e (e)retain and maintain existing temporary permissive paths or lay out temporary permissive paths for public use (if applicable); schedule 10 paragraph 22 f (f)effect access and egress to and from the highway; schedule 10 paragraph 22 g (g)retain, maintain, straighten, widen, repair, alter, upgrade and use existing access routes for the purposes of accessing adjoining land and highway; schedule 10 paragraph 22 h (h)remove fences, hedges or other barriers during any period in which construction, maintenance, upgrading, improvement, renewal or removal are being carried out and for the exercise of the power to access the pipes and cables (subject to the prior erection of any temporary stock proof fencing as is reasonably required and the replacement or re-instatement of the fences, hedges or other barriers following the exercise of the rights); and schedule 10 paragraph 22 i (i)construct, retain, maintain, install, use, inspect, modify, improve, maintain, adjust, repair, replace, extend, test, cleanse and remove temporary or permanent drainage and manage waterflows in any drains, watercourses and culverts. term adjoining land “adjoining land” for the purposes of this paragraph 3 means such other parts of the land within the Order limits required for the authorised development. (23) A restrictive covenant over the land for the benefit of the remainder of the Order land to— schedule 10 paragraph 23 a (a)prevent anything to be done in or upon the Order land or any part thereof for the purpose of the erection of any buildings or construction or erection of works of any kind (including the foundations, footings or other supportive structures thereto); schedule 10 paragraph 23 b (b)prevent anything to be done by way of hard surfacing of the Order land with concrete of any kind or with any other material or surface whatsoever without the consent in writing of the undertaker (such consent not to be unreasonably withheld or delayed if the proposed surfacing would not cause damage to relevant part of the authorised development nor make it materially more difficult or expensive to maintain the authorised development); schedule 10 paragraph 23 c (c)prevent mole draining or anything to be done by way of excavation of any kind in the Order land nor any activities which increase or decrease ground cover or soil levels in any manner whatsoever without the consent in writing of the undertaker save as are reasonably required for agricultural activities; schedule 10 paragraph 23 d (d)prevent the planting or growing within the Order land of any trees, shrubs or underwood without the consent in writing of the undertaker (such consent not to be unreasonably withheld or delayed provided that the proposed trees, shrubs or underwood would not cause damage to the relevant part of the authorised development nor make it materially more difficult or expensive to access the relevant part of the authorised development) provided that the growing within the land of any pre-existing trees, shrubs or underwood do not require the consent of the undertaker; and schedule 10 paragraph 23 e (e)prevent anything to be done in or upon the Order land or any part thereof which shall or which it is reasonably foreseeable may interfere with the exercise of the other rights set out in this Schedule or the use of the authorised development or in any way render the authorised development or any part thereof in breach of any statute or regulation for the time being in force and applicable thereto. |
Cable rights in highways Plots 1-7, 1-8, 2-3, 4-2, 4-3, 4-6, 4-7, 4-13, 4-14, 4-16, 4-17, 4-19, 4-25, 4-27, 4-38, 4-39, 4-107, 4-108, 5-23, 5-24, 5-25, 5-27, 5-29, 5-30, 5-32, 5-33, 5-59, 5-60, 5-61, 5-62, 5-89, 9-5, 9-18, 9-26, 9-29, 9-31, 10-7, 10-12, 10-13, 10-18, 10-23, 10-24, 10-25, 10-26, 10-27, 10-28, 10-30, 10-31, 10-32, 10-34, 10-37, 10-38, 10-50, 10-54, 10-61, 10-64, 10-73, 10-75, 10-76, 10-79, 10-80 | (24) The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised development and to— schedule 10 paragraph 24 a (a)construct, lay and install, adjust, alter, use, maintain, repair, replace, renew, upgrade, inspect and remove the cables and pipes by way of drilling and/or trenching; schedule 10 paragraph 24 b (b)construct, retain, maintain, install, use, inspect, modify, improve, maintain, adjust, repair, extend, test, cleanse, and remove temporary or permanent drainage and manage waterflows in any drains, watercourse and culverts; schedule 10 paragraph 24 c (c)pass and repass, with or without vehicles, plant, equipment, materials and machinery for the purposes of constructing, laying, installing, adjusting, altering, using, maintaining, repairing, replacing, renewing, upgrading, inspecting and removing the pipes, cables and cable ducts; schedule 10 paragraph 24 d (d)retain and maintain existing hardstandings and lay down, use, repair, alter and remove hardstandings for the purposes of constructing, laying, installing, adjusting, altering, using maintaining, repairing, replacing, renewing, upgrading, inspecting and removing the pipes, cables and cable ducts; schedule 10 paragraph 24 e (e)enter and be upon the land and remain with or without plant, vehicles, machinery, apparatus and equipment which is ancillary to the purposes of transmitting electricity and telecommunications along the pipes, cables and cable ducts; schedule 10 paragraph 24 f (f)retain and use the cables for the purposes of the transmission of steam, telecommunications and electricity; schedule 10 paragraph 24 g (g)place and use plant, machinery and temporary structures within the land for the installation, construction, maintenance, repairing, renewing, upgrading, inspecting, removal and replacing of the pipes, cables and cable ducts; schedule 10 paragraph 24 h (h)install and maintain cable marker posts to identify the location of the pipes, cables and cable ducts as required for routine integrity testing; schedule 10 paragraph 24 i (i)remove store and stockpile materials (including excavated material) within the Order land; schedule 10 paragraph 24 j (j)remove fences, hedges or other barriers during any period in which construction, maintenance, upgrading, improvement, renewal or removal are being carried out and for the exercise of the power to access the cables (subject to the prior erection of any temporary stock proof fencing as is reasonably required and the replacement or re-instatement of the fences, hedges or other barriers following the end of each period of the exercise of the rights); schedule 10 paragraph 24 k (k)install, alter, re-lay, maintain, protect, adjust or remove pipes, cables, conduits or apparatus (including the pipes, cables, conduits or apparatus of statutory undertakers); schedule 10 paragraph 24 l (l)carry out works to lop, fell, cut or coppice trees or remove roots of trees or hedges or shrubs; schedule 10 paragraph 24 m (m)retain and maintain existing temporary permissive paths or lay out temporary permissive paths for public use (if applicable); schedule 10 paragraph 24 n (n)remove archaeological artefacts where they would prevent or cause it to be materially more difficult or expensive to construct, lay, install, adjust, alter, use, maintain, repair, replace, renew, upgrade, inspect or remove the pipes, cables and cable ducts; schedule 10 paragraph 24 o (o)carry out environmental mitigation, remediation and enhancement works; schedule 10 paragraph 24 p (p)install, construct, use and remove temporary welfare facilities during any periods of maintenance, repair, replacement, renewal, upgrade and removal of the pipes, cables and cable ducts; schedule 10 paragraph 24 q (q)when the pipes or cables are temporarily unusable, to lay down, install, use, maintain and inspect on the surface of the land steam pipes, electric lines, telecommunications, ancillary equipment and associated works and other conducting media together with conduits or pipes for containing the same in and under the land; and schedule 10 paragraph 24 r (r)place temporarily and use plant, machinery and structures on the land in connection with the lighting of the land and the authorised development. |
Major crossings (railway, highways) Plots 2-6, 2-7, 3-23, 3-24 | (25) The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised development and to— schedule 10 paragraph 25 a (a)construct, lay and install, adjust, alter, use, maintain, repair, replace, renew, upgrade, inspect and remove the pipes, pipe sleeves and cables by way of horizontal drilling or other trenchless techniques; schedule 10 paragraph 25 b (b)construct, retain, maintain, install, use, inspect, modify, improve, maintain, adjust, repair, extend, test, cleanse, and remove temporary or permanent drainage and manage waterflows in any drains, watercourse and culverts; schedule 10 paragraph 25 c (c)enter the land with or without machinery, apparatus and equipment which is ancillary to the purposes of transmitting steam along the pipes and electricity along the cables and cable ducts; schedule 10 paragraph 25 d (d)retain and use the pipes and cables for the purposes of the transmission of steam and electricity; and schedule 10 paragraph 25 e (e)install, alter, re-lay, maintain, protect, adjust or remove pipes, cables, conduits or apparatus (including the pipes, cables, conduits or apparatus of statutory undertakers). |
Highway works Plots 4-2, 4-3, 4-4, 4-5, 4-6, 4-7, 4-8, 4-13, 4-21, 4-22, 4-23, 4-25, 4-27, 4-98, 4-105, 4-106, 4-107, 4-108, 5-23, 5-24, 5-25, 5-26, 5-27, 5-28, 5-29, 5-30, 5-36, 5-37, 5-55, 5-62 | (26) The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised development and to— schedule 10 paragraph 26 a (a)construct, adjust, alter, use, maintain, repair, replace, renew, upgrade, inspect and remove road works and associated infrastructure and street furniture; schedule 10 paragraph 26 b (b)construct, retain, maintain, install, use, inspect, modify, improve, maintain, adjust, repair, extend, test, cleanse, and remove temporary or permanent drainage and manage waterflows in any drains, watercourse and culverts; schedule 10 paragraph 26 c (c)enter the land with or without machinery, apparatus and equipment which is ancillary to the purposes of road works; schedule 10 paragraph 26 d (d)install, alter, re-lay, maintain, protect, adjust or remove pipes, cables, conduits or apparatus of statutory undertakers. |
Utility works Plots 4-2, 4-3, 4-6, 4-7, 4-13, 4-14, 4-16, 4-17, 4-18, 4-19, 4-21, 4-22, 4-23, 4-25, 4-26, 4-27, 4-38, 4-39, 4-106, 4-107, 4-180, 5-23, 5-24, 5-25, 5-26, 5-27, 5-28, 5-29, 5-30, 5-31, 5-32, 5-33, 5-36, 5-37, 5-55, 5-56, 5-57, 5-58, 5-59, 5-60, 5-61, 5-62, 5-64, 5-65,5-68, 5-69, 5-82 | (27) The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised development and to— schedule 10 paragraph 27 a (a)divert install, underground, retain, use, monitor and maintain pipes, cables, conduits or apparatus of statutory undertakers; schedule 10 paragraph 27 b (b)pass and repass with or without vehicles, plant, equipment, materials and machinery to access adjoining land and highway for the purposes of laying, installing, adjusting, altering, constructing, using, maintaining, repairing, renewing, upgrading, inspecting, removing and replacing the pipes, cables, conduits or apparatus; schedule 10 paragraph 27 c (c)enter the land with or without machinery, apparatus and equipment which is ancillary to the purposes of utility works. term adjoining land “adjoining land” for the purposes of this paragraph 1 means such other parts of the land within the Order limits required for the authorised development. (28) A restrictive covenant over the land to protect the apparatus from excavation. |
Drainage rights Plots 4-34, 4-41, 4-42, 4-43, 4-44, 4-76, 4-81, 4-82, 4-87, 4-88, 4-95, 5-7, 5-8, 5-19, 5-90, 6-1, 6-2, 6-3, 6-5, 6-11, 6-12, 6-13, 6-83 | (29) The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised development and to construct, retain, maintain, install, use, inspect, modify, improve, adjust, repair, extend, test, cleanse, and remove temporary or permanent drainage and manage waterflows in any drains, watercourse and culverts. |
(30) The right to drain on, in and/or through the land to and from adjoining land. term adjoining land “adjoining land” for the purposes of this paragraph 2 means such other parts of the land within the Order limits required for the authorised development. (31) A restrictive covenant over the land for the benefit of the remainder of the Order land to prevent anything to be done in or upon the land or any part thereof which shall or which it is reasonably foreseeable may interfere with the right to drain. | |
Landscaping access Plots 5-76, 5-89, 6-34 | (32) The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised development and to enter the land with or without machinery, apparatus and equipment which is ancillary to the purposes of landscaping works. |
(33) A restrictive covenant over the land for the benefit of the remainder of the Order land to— schedule 10 paragraph 33 a (a)prevent anything to be done in or upon the land or any part thereof which shall or which it is reasonably foreseeable may interfere with access to the landscaping works; schedule 10 paragraph 33 b (b)prevent anything to be done in or upon the land or any part thereof which shall or which it is reasonably foreseeable may render the authorised development or any part thereof in breach of any statute or regulation for the time being in force and applicable thereto. | |
Railway works Plots 8-1, 8-2, 8-3, 8-5, 8-9 | (34) The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised development and to— schedule 10 paragraph 34 a (a)construct, adjust, alter, use, maintain, repair, replace, renew, upgrade, inspect and remove railway works and associated infrastructure; schedule 10 paragraph 34 b (b)construct, retain, maintain, install, use, inspect, modify, improve, maintain, adjust, repair, extend, test, cleanse, and remove temporary or permanent drainage and manage waterflows in any drains, watercourse and culverts; schedule 10 paragraph 34 c (c)enter the land with or without machinery, apparatus and equipment which is ancillary to the purposes of railway works. |