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SCHEDULES

SCHEDULE 10PROTECTIVE PROVISIONS

PART 4FOR THE PROTECTION OF SOUTHERN ELECTRIC POWER DISTRIBUTION PLC AS ELECTRICITY UNDERTAKER

Retained apparatus: protection of SSE as electricity undertaker – overhead lines

schedule 10 part 4 paragraph 9 9.—(1) Not less than 56 days before the commencement of any specified work that does not require the removal of apparatus under paragraph 6(2) (removal of apparatus) the undertaker must submit to SSE a plan and seek from SSE details of the underground extent of its electricity tower foundations.

(2) The plan to be submitted under sub-paragraph (1) must show—

schedule 10 paragraph 9 2 a (a)the exact position of the specified work;

schedule 10 paragraph 9 2 b (b)the level at which the specified work is proposed to be constructed or renewed;

schedule 10 paragraph 9 2 c (c)the manner of the construction or renewal of the specified work including details of excavation and positioning of plant;

schedule 10 paragraph 9 2 d (d)the position of all apparatus;

schedule 10 paragraph 9 2 e (e)by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus; and

schedule 10 paragraph 9 2 f (f)details of any ground monitoring scheme if required.

(3) In relation to any works which will or may be situated on, over, under or within 15 metres of any part of the foundations of an electricity tower or between any two or more electricity towers, the plan to be submitted under sub-paragraph (1) must include a method statement which must, in addition to the matters set out in sub-paragraph (2)—

schedule 10 part 4 paragraph 9 3 a (a)describe details of any cable trench design including route, dimensions and clearance to pylon foundations;

schedule 10 part 4 paragraph 9 3 b (b)demonstrate that pylon foundations will not be affected prior to, during and post construction;

schedule 10 paragraph 9 3 c (c)describe details of load bearing capacities of trenches;

schedule 10 paragraph 9 3 d (d)describe details of cable installation methodology, including access arrangements, jointing bays and backfill methodology;

schedule 10 paragraph 9 3 e (e)provide a written management plan for high voltage hazard during construction and on-going maintenance of the cable route;

schedule 10 paragraph 9 3 f (f)provide written details of the operations and maintenance regime for the cable, including frequency and method of access;

schedule 10 paragraph 9 3 g (g)assess earth rise potential if reasonably required by SSE’s engineers; and

schedule 10 paragraph 9 3 h (h)provide evidence that trench bearing capacity is to be designed to 26 tonnes to take the weight of overhead line construction traffic.

(4) The undertaker must not commence any works requiring the submission of a plan under sub-paragraph (1) until SSE has given written approval of the plan so submitted.

(5) Any approval of SSE required in relation to a plan submitted under sub-paragraph (1)—

schedule 10 paragraph 9 5 a (a)may be given subject to reasonable conditions for any purpose mentioned in sub-paragraph (6); and

schedule 10 paragraph 9 5 b (b)must not be unreasonably withheld.

(6) Any conditions made by SSE under sub-paragraph (5) must be notified to the undertaker within a period of 56 days beginning with the date on which a plan, section and description under sub-paragraph (1) are submitted to it.

(7) In relation to any work requiring the submission of a plan under sub-paragraph (1), SSE may require such modifications to be made to the plan as may be reasonably necessary for the purpose of securing its system against interference or risk of damage or for the purpose of providing or securing proper and convenient means of access to any apparatus.

(8) Works requiring the submission of a plan under sub-paragraph (1) must be executed only in accordance with the plan, as amended from time to time by agreement between the undertaker and SSE and in accordance with such reasonable requirements as may be made in accordance with sub-paragraphs (5), (6), (9) or (10) by SSE for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and SSE is to be entitled to watch and inspect the execution of those works.

(9) Where SSE requires any protective works to be carried out by itself or by the undertaker (whether of a temporary or permanent nature) such protective works must be carried out to SSE’s satisfaction prior to the commencement of works requiring the submission of a plan under sub-paragraph (1) and SSE must give 56 days’ notice of such works from the date of submission of the plan (except in an emergency).

(10) If SSE, in accordance with sub-paragraphs (6) or (9) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 6(2) to (5) apply as if the removal of the apparatus had been required by the undertaker under paragraph 6(2).

(11) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of any works, a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph apply to, and in respect of, the new plan.

(12) The undertaker is not required to comply with sub-paragraph (1) where it needs to carry out emergency works but in that case it must give to SSE notice as soon as is reasonably practicable a plan of those works and must—

schedule 10 paragraph 9 12 a (a)comply with conditions imposed under sub-paragraph (5)(a) insofar as is reasonably practicable in the circumstances; and

schedule 10 paragraph 9 12 b (b)comply with sub-paragraph (13) at all times.

(13) As soon as reasonably practicable after any ground subsidence event, the undertaker must implement an appropriate ground mitigation scheme.