PART 2PRINCIPAL POWERS

Development consent etc granted by the Order

3.  Subject to the provisions of this Order and to the requirements set out in Schedule 2 the undertaker is granted development consent for the authorised development to be carried out within the Order limits.

Authorisation of use

4.  Subject to the provisions of this Order and to the requirements the undertaker may operate and use the authorised development for the purposes for which it was designed and for any purposes ancillary to those purposes.

Maintenance of authorised development

5.—(1) The undertaker may at any time maintain the authorised development, except to the extent that this Order or any agreement under this Order provides otherwise.

(2) Paragraph (1) does not apply to the highway works the maintenance of which is governed by article 15 (maintenance of highway works) and Parts 5 and 6 of Schedule 15 (protective provisions).

Limits of deviation

6.  Subject to Part 1 of Schedule 2 (requirements) and Schedule 14 (parameters), in constructing or maintaining the authorised development the undertaker may—

(a)in respect of Work Nos. 4, 6 and 16, deviate laterally to any extent from the lines, situations or positioning shown or indicated on the works plans for those works to the extent of the limits of deviation for those works;

(b)in respect of any other work shown on the works plans within the inner boundary of Work No. 15, and subject to the extent of the limits of deviation for those works shown on the works plans, deviate laterally by 50 metres in any direction from the lines, situations or positioning of those works shown or indicated on the works plans;

(c)in respect of Work No. 27 deviate vertically not exceeding 2 metres upwards or downwards from the levels shown on the design plans – sewer tunnel and longitudinal section;

(d)in respect of Work Nos. 31, 33 and 35 deviate vertically from the levels of those parts of the authorised development shown on the relevant sections to any extent—

(i)not exceeding 2 metres upwards but not less than 1 metre below finished ground level excluding air valves, chambers and manholes which will be at finished ground level; or

(ii)downwards as may be found to be necessary or convenient;

(e)in respect of Work No. 36 outside of the boundary of the existing Cambridge waste water treatment works deviate vertically from the levels of that part of the authorised development shown on the relevant sections to any extent—

(i)not exceeding 2 metres upwards but not less than 1 metre below finished ground level excluding air valves, chambers and manholes which will be at finished ground level; or

(ii)downwards as may be found to be necessary or convenient;

(f)in respect of Work No. 36 inside of the boundary of the existing Cambridge waste water treatment works deviate vertically from the levels of that part of the authorised development shown on the relevant sections to any extent—

(i)not exceeding 2 metres upwards; or

(ii)downwards as may be found to be necessary or convenient; and

(g)in respect of Work No. 32 deviate vertically from the levels shown on the relevant sections to any extent—

(i)not exceeding 0.5 metres upwards; or

(ii)downwards as may be found to be necessary or convenient.

Benefit of Order

7.—(1) Subject to article 8 (transfer of benefit of Order), the provisions of this Order have effect solely for the benefit of Anglian Water Services Limited (save where the context requires otherwise) and any successor in statutory function or otherwise.

(2) Paragraph (1) does not apply to the works for which consent is granted by this Order for the express benefit of owners and occupiers of land, statutory undertakers and other persons affected by the authorised development.

Transfer of benefit of Order

8.—(1) The undertaker may transfer to CWRP Relocation Limited any or all of the benefit of the provisions of this Order (save for the powers of compulsory acquisition in articles 26 (compulsory acquisition of land), 28 (compulsory acquisition of rights and imposition of restrictive covenants), 29 (acquisition of subsoil only), 30 (acquisition of land limited to subsoil lying more than 7 metres beneath surface)) and such related rights for such period as may be necessary for the construction, operation, use or maintenance of the authorised development as may be agreed between the undertaker and CWRP Relocation Limited.

(2) Notwithstanding any transfer under paragraph (1) the undertaker may with the consent of the Secretary of State—

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

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

(3) Where a transfer has been made or a lease has been granted in accordance with paragraph (1) or (2) references in this Order to the undertaker, except in paragraph (1), include references to CWRP Relocation Limited or the transferee or lessee.

(4) The exercise by a person of any benefits or rights conferred in accordance with any transfer under paragraph (1) or (2) shall—

(a)be subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by Anglian Water Services Limited; and

(b)not prevent Anglian Water Services Limited benefitting from those provisions of this Order notwithstanding that those provisions may also benefit CWRP Relocation Limited, the transferee or lessee.

(5) The undertaker must—

(a)consult the Secretary of State before making an application for consent under paragraph (2) of this article by giving notice in writing of the proposed application; and

(b)prior to any transfer or grant under this article taking effect the undertaker must give notice in writing to the Secretary of State, and if such transfer or grant relates to the exercise of powers in their area, the relevant planning authority.

(6) A notice under paragraph (5) must—

(a)state—

(i)the name and contact details of the person to whom the benefit of the provisions will be transferred or granted;

(ii)subject to paragraph (7), the date on which the transfer will take effect;

(iii)the provisions to be transferred or granted;

(iv)the restrictions, liabilities and obligations that, in accordance with paragraph (4)(a), apply to the person exercising the powers transferred or granted; and

(v)where the provisions to be transferred or granted include any or all of the benefit of the powers of compulsory acquisition in articles 26, 28, 29 or 30 confirmation of the availability and adequacy of funds for compensation associated with the compulsory acquisition of the Order land; and

(b)be accompanied by—

(i)where relevant, a plan showing the works or areas to which the transfer or grant relates; and

(ii)a copy of the document effecting the transfer or grant signed by the undertaker and the person to whom the benefit of the powers will be transferred or granted.

(7) The date specified under paragraph (6)(a)(ii) in respect of a notice served in respect of paragraph 5(b) must not be earlier than the expiry of 14 days from the date of the receipt of the notice.

(8) The notice given under paragraph 5(b) must be signed by the undertaker and the person to whom the benefit of the powers will be transferred or granted as specified in that notice.

Defence to proceedings in respect of statutory nuisance

9.—(1) Where proceedings are brought under section 82(1) (summary proceedings by person aggrieved by statutory nuisance) of the Environmental Protection Act 1990(1) in relation to a nuisance falling within sub-paragraphs (d), (fa)(2), (fb)(3), (g) and (ga)(4) of Section 79(1) (statutory nuisances and inspections therefor) of that Act no order is to be made, and no fine may be imposed, under section 82(2)(5) of that Act if the defendant shows that the nuisance—

(a)relates to premises used by the undertaker for the purposes of or in connection with the construction, or maintenance of the authorised development and that the nuisance is attributable to the carrying out of the authorised development in accordance with a notice served under section 60 (control of noise on construction sites), or a consent given under section 61 (prior consent for work on construction sites) of the Control of Pollution Act 1974(6); or

(b)is a consequence of complying with a requirement of this Order and that it cannot reasonably be avoided; or

(c)is a consequence of the construction of the authorised development before completion of construction and that it cannot reasonably be avoided; or

(d)relates to premises used by the undertaker for the purposes of or in connection with the maintenance, operation or use of the authorised development and that the nuisance is attributable to the maintenance, operation or use of the authorised development which is being maintained, operated or used in compliance with a requirement of this Order and that it cannot reasonably be avoided.