ID badges: Hide | Show

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

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—

(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;

(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;

(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;

(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;

(e)retain and maintain existing temporary permissive paths and lay out temporary permissive paths for public use (if applicable);

(f)effect access and egress to and from the highway;

(g)retain, maintain, straighten, widen, repair, alter, upgrade and use existing access routes for the purposes of accessing adjoining land and highway;

(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

(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.

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—

(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;

(b)retain and maintain existing hardstandings for the purposes of access to adjoining land and highway;

(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;

(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;

(e)effect access and egress to and from the highway;

(f)retain, maintain, straighten, widen, repair, alter, upgrade and use existing access routes for the purposes of accessing adjoining land and highway;

(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

(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.

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—

(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;

(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;

(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;

(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;

(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;

(f)retain and use the pipes and cables for the purposes of the transmission of steam, communications, gas and electricity;

(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;

(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;

(i)remove, store and stockpile materials (including excavated material) within the Order land;

(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);

(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);

(l)carry out works to lop, fell, cut or coppice trees or remove roots of trees or hedges or shrubs;

(m)retain and maintain existing temporary permissive paths or lay out temporary permissive paths for public use (if applicable);

(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;

(o)carry out environmental mitigation, remediation and enhancement works;

(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;

(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

(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—

(a)enter upon the land and to create temporary secure areas;

(b)place equipment on the land, including portakabins and welfare equipment;

(c)store plant, materials and equipment;

(d)create car parking sites, site offices, site areas for temporary security and welfare facilities;

(e)effect access and egress to and from the highway;

(f)create fuel storage and bunded facilities for the storage of materials ancillary to the implementation of the authorised development; and

(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—

(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;

(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;

(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;

(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;

(e)retain and maintain existing temporary permissive paths or lay out temporary permissive paths for public use (if applicable);

(f)effect access and egress to and from the highway;

(g)retain, maintain, straighten, widen, repair, alter, upgrade and use existing access routes for the purposes of accessing adjoining land and highway;

(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

(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.

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—

(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);

(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);

(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;

(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

(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—

(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;

(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;

(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;

(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;

(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;

(f)retain and use the cables for the purposes of the transmission of steam, telecommunications and electricity;

(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;

(h)install and maintain cable marker posts to identify the location of the pipes, cables and cable ducts as required for routine integrity testing;

(i)remove store and stockpile materials (including excavated material) within the Order land;

(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);

(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);

(l)carry out works to lop, fell, cut or coppice trees or remove roots of trees or hedges or shrubs;

(m)retain and maintain existing temporary permissive paths or lay out temporary permissive paths for public use (if applicable);

(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;

(o)carry out environmental mitigation, remediation and enhancement works;

(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;

(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

(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—

(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;

(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;

(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;

(d)retain and use the pipes and cables for the purposes of the transmission of steam and electricity; and

(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—

(a)construct, adjust, alter, use, maintain, repair, replace, renew, upgrade, inspect and remove road works and associated infrastructure and street furniture;

(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;

(c)enter the land with or without machinery, apparatus and equipment which is ancillary to the purposes of road works;

(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—

(a)divert install, underground, retain, use, monitor and maintain pipes, cables, conduits or apparatus of statutory undertakers;

(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;

(c)enter the land with or without machinery, apparatus and equipment which is ancillary to the purposes of utility works.

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.

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—

(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;

(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—

(a)construct, adjust, alter, use, maintain, repair, replace, renew, upgrade, inspect and remove railway works and associated infrastructure;

(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;

(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

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—

(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;

(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;

(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;

(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;

(e)retain and maintain existing temporary permissive paths and lay out temporary permissive paths for public use (if applicable);

(f)effect access and egress to and from the highway;

(g)retain, maintain, straighten, widen, repair, alter, upgrade and use existing access routes for the purposes of accessing adjoining land and highway;

(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

(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.

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—

(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;

(b)retain and maintain existing hardstandings for the purposes of access to adjoining land and highway;

(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;

(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;

(e)effect access and egress to and from the highway;

(f)retain, maintain, straighten, widen, repair, alter, upgrade and use existing access routes for the purposes of accessing adjoining land and highway;

(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

(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.

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—

(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;

(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;

(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;

(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;

(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;

(f)retain and use the pipes and cables for the purposes of the transmission of steam, communications, gas and electricity;

(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;

(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;

(i)remove, store and stockpile materials (including excavated material) within the Order land;

(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);

(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);

(l)carry out works to lop, fell, cut or coppice trees or remove roots of trees or hedges or shrubs;

(m)retain and maintain existing temporary permissive paths or lay out temporary permissive paths for public use (if applicable);

(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;

(o)carry out environmental mitigation, remediation and enhancement works;

(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;

(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

(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—

(a)enter upon the land and to create temporary secure areas;

(b)place equipment on the land, including portakabins and welfare equipment;

(c)store plant, materials and equipment;

(d)create car parking sites, site offices, site areas for temporary security and welfare facilities;

(e)effect access and egress to and from the highway;

(f)create fuel storage and bunded facilities for the storage of materials ancillary to the implementation of the authorised development; and

(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—

(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;

(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;

(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;

(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;

(e)retain and maintain existing temporary permissive paths or lay out temporary permissive paths for public use (if applicable);

(f)effect access and egress to and from the highway;

(g)retain, maintain, straighten, widen, repair, alter, upgrade and use existing access routes for the purposes of accessing adjoining land and highway;

(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

(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.

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—

(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);

(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);

(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;

(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

(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—

(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;

(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;

(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;

(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;

(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;

(f)retain and use the cables for the purposes of the transmission of steam, telecommunications and electricity;

(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;

(h)install and maintain cable marker posts to identify the location of the pipes, cables and cable ducts as required for routine integrity testing;

(i)remove store and stockpile materials (including excavated material) within the Order land;

(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);

(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);

(l)carry out works to lop, fell, cut or coppice trees or remove roots of trees or hedges or shrubs;

(m)retain and maintain existing temporary permissive paths or lay out temporary permissive paths for public use (if applicable);

(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;

(o)carry out environmental mitigation, remediation and enhancement works;

(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;

(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

(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—

(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;

(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;

(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;

(d)retain and use the pipes and cables for the purposes of the transmission of steam and electricity; and

(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—

(a)construct, adjust, alter, use, maintain, repair, replace, renew, upgrade, inspect and remove road works and associated infrastructure and street furniture;

(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;

(c)enter the land with or without machinery, apparatus and equipment which is ancillary to the purposes of road works;

(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—

(a)divert install, underground, retain, use, monitor and maintain pipes, cables, conduits or apparatus of statutory undertakers;

(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;

(c)enter the land with or without machinery, apparatus and equipment which is ancillary to the purposes of utility works.

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.

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—

(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;

(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—

(a)construct, adjust, alter, use, maintain, repair, replace, renew, upgrade, inspect and remove railway works and associated infrastructure;

(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;

(c)enter the land with or without machinery, apparatus and equipment which is ancillary to the purposes of railway works.