PART 2PRINCIPAL POWERS

Limits of deviation

article 6 + 6.—(1) In carrying out the authorised development the undertaker may—

article 6 1 a + (a)subject to sub-paragraph (b) and (c), deviate laterally from the lines or situations of the authorised development shown on the works plans to the extent of the limits of deviation shown on those plans;

article 6 1 b + (b)construct the tunnel portal structures, approach ramps, tunnel service buildings and ground protection tunnel (comprised in Works Nos. 3A, 3C, 4A, 5A, and 4B), within the limits shown on the tunnel limits of deviation plans; and

article 6 1 c + (c)construct the tunnel within the lateral limits of deviation shown on the tunnel limits of deviation plans.

(2) In carrying out the authorised development the undertaker may—

article 6 2 a + (a)subject to sub-paragraphs (b) to (p), deviate vertically from the levels of the authorised development shown on the engineering drawings and sections to a maximum of 0.5 metre upwards or 1 metre downwards;

article 6 2 b + (b)in respect of Works Nos. OSC4(a) and OSC5(a), deviate vertically from the levels shown on the engineering drawings and sections to a maximum of 2 metre upwards or 2 metre downwards;

article 6 2 c + (c)in respect of Works Nos. OSC4(b) and OSC5(b) deviate vertically from the levels shown on the engineering drawings and sections to a maximum of 5 metre upwards or 5 metre downwards;

article 6 2 d + (d)in respect of Works Nos. G1b, G3 and G4 deviate—

article 6 2 d i + (i)vertically upwards to a limit of not less than 1.2 metres below the surface of the ground; and

article 6 2 d ii + (ii)vertically downwards to such extent as may be found necessary or convenient to a maximum depth of 25 metres below the surface of the ground;

article 6 2 e + (e)in respect of Works Nos. G1a, G2, G5, G6, G6b, G7, G10 and TFGP1 deviate—

article 6 2 e i + (i)vertically upwards to a limit of not less than 1.2 metres below the surface of the ground; and

article 6 2 e ii + (ii)vertically downwards to such extent as may be found necessary or convenient to a maximum depth of 15 metres below the surface of the ground;

article 6 2 f + (f)in respect of Works Nos. OH1, OH3 to OH8 deviate vertically—

article 6 2 f i + (i)to any extent not exceeding 6 meters upwards from the design height shown on the engineering drawings and sections; and

article 6 2 f ii + (ii)to any extent downwards as may be found to be necessary or convenient;

article 6 2 g + (g)in respect of Works Nos. OHT1 to OHT8 deviate vertically—

article 6 2 g i + (i)to any extent not exceeding the height described in Schedule 1; and

article 6 2 g ii + (ii)to any extent downwards as may be found to be necessary or convenient;

article 6 2 h + (h)in respect of the underground multi-utility works comprised in Works Nos. MU1 to MU92, deviate vertically—

article 6 2 h i + (i)upwards to a limit of not less than 0.25 metres below the surface of the ground; and

article 6 2 h ii + (ii)downwards to such extent as may be found necessary or convenient;

article 6 2 i + (i)in respect of the underground multi-utility works comprised in Work Nos. MUT1 to MUT4, MUT6 to MUT32 deviate vertically—

article 6 2 i i + (i)upwards to a limit of not less than 0.25 metres below the surface of the ground; and

article 6 2 i ii + (ii)downwards to such extent as may be found necessary or convenient;

article 6 2 j + (j)construct the above ground substations comprised in Works Nos. MU1, MU11, MU13, MU14, MU33, MU36, MU41, MU48, MU49, MU52, MU43, and MU45 (annotated as SS1 to SS15) up to a maximum height of 3 metres;

article 6 2 k + (k)construct the above ground compound comprised in Work No. MU21 up to a maximum height of 6.7 metres;

article 6 2 l + (l)construct the above ground poles comprised in Works Nos. MU87 and MU92 up to a maximum height of 12m;

article 6 2 m + (m)construct the above ground substation comprised in Work No. MUT5 up to a maximum height of 8 metres;

article 6 2 n + (n)construct Work No. G6a up to a maximum height of 2.9 metres;

article 6 2 o + (o)subject to paragraph 99(1) of Schedule 14 (protective provisions) of this Order, construct the tunnel with the vertical downward limits of deviation shown on the tunnel limits of deviation plans; and

article 6 2 p + (p)subject to paragraph 99(1) of Schedule 14 (protective provisions) of this Order, construct the tunnel with the vertical upward limits of deviation shown on the tunnel limits of deviation plans.

(3) The maximum limits of deviation set out in paragraph (1) and (2)(a) to (o) do not apply where it is demonstrated by the undertaker to the Secretary of State’s satisfaction and the Secretary of State, following consultation by the undertaker—

article 6 3 a + (a)with the relevant planning authority on matters related to their functions; and

article 6 3 b + (b)in respect of the authorised development comprising highways other than a special road or a trunk road, consultation by the undertaker with the relevant local highway authority on matters relevant to their functions,

certifies accordingly that a deviation in excess of these limits would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

(4) Part 2 (procedure for discharge of requirements) of Schedule 2 (requirements) applies to an application to the Secretary of State for certification under paragraph (3) as though it were an approval required by a requirement under that Schedule.