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SCHEDULES

SCHEDULE 10PROTECTIVE PROVISIONS

schedule 10 part 6 paragraph 4 4. The undertaker must not exercise the powers conferred by—

schedule 10 part 6 paragraph 4 a (a)article 3 (development consent etc. granted by the Order);

schedule 10 part 6 paragraph 4 b (b)article 4 (power to maintain the authorised project);

schedule 10 paragraph 4 c (c)article 13 (access to works);

schedule 10 paragraph 4 d (d)article 17 (discharge of water);

schedule 10 paragraph 4 e (e)article 19 (authority to survey and investigate the land onshore);

schedule 10 paragraph 4 f (f)article 22 (compulsory acquisition of land);

schedule 10 paragraph 4 g (g)article 23 (time limit for exercise of authority to acquire land compulsorily or to take land temporarily)

schedule 10 paragraph 4 h (h)article 24 (compulsory acquisition of rights and imposition of restrictive covenants);

schedule 10 paragraph 4 i (i)article 26 (power to override easements and other rights);

schedule 10 paragraph 4 j (j)article 29 (acquisition of subsoil or airspace only);

schedule 10 paragraph 4 k (k)article 31 (temporary use of land for carrying out the authorised project);

schedule 10 paragraph 4 l (l)article 32 (temporary use of land for maintaining the authorised project);

schedule 10 paragraph 4 m (m)article 33 (compulsory acquisition of land – incorporation of the mineral code)

schedule 10 paragraph 4 n (n)article 34 (statutory undertakers);

schedule 10 paragraph 4 o (o)article 42 (felling or lopping of trees and removal of hedgerows);

schedule 10 paragraph 4 p (p)article 43 (trees subject to tree preservation orders);

schedule 10 paragraph 4 q (q)the powers conferred by section 11(3) (power of entry) of the 1965 Act;

schedule 10 paragraph 4 r (r)the powers conferred by section 203 (power to override easements and rights) of the Housing and Planning Act 2016;

schedule 10 paragraph 4 s (s)the powers conferred by section 172 (right to enter and survey land) of the Housing and Planning Act 2016;

schedule 10 paragraph 4 t (t)any powers in respect of the temporary possession of land under the Neighbourhood Planning Act 2017; or

schedule 10 paragraph 4 u (u)other provisions where the exercise of the powers under that provision would impact on railway property,

in respect of any railway property unless the exercise of such powers is with the consent of Network Rail.