SI 2026/1074 - The Green Hill Solar Farm Order 2026

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STATUTORY INSTRUMENTS 2026 No. 1074 INFRASTRUCTURE PLANNING The Green Hill Solar Farm Order 2026 Made - - - - 8th October 2026 Coming into force - - 30th October 2026 An application has been made to the Secretary of State under section 37 of the Planning Act 2008 (“the 2008 Act”)(1) in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009(2) for an order granting development consent.

The application has been examined by the Examining Authority appointed by the Secretary of State pursuant to Chapter 2 of Part 6 of the 2008 Act and carried out in accordance with Chapter 4 of Part 6 of the 2008 Act and the Infrastructure Planning (Examination Procedure) Rules 2010(3).

The Examining Authority, having considered the application together with the documents that accompanied it, and the representations made and not withdrawn, has, in accordance with

section 74(2)(4) of the 2008 Act made a report and recommendation to the Secretary of State.

The Secretary of State has considered the report and recommendation of the Examining Authority, has taken into account the environmental information in accordance with regulation 4 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017(5) and has had regard to the documents and matters referred to in section 104(2)(6) of the 2008 Act.

The Secretary of State, having decided the application, has determined to make an Order granting development consent for the development described in the application on terms that in the opinion of the Secretary of State are not materially different from those proposed in the application.

The Secretary of State, in exercise of the powers conferred by sections 114(7), 115(8), 117(9), 120(10), 122(11), 123(12) and 140 of the 2008 Act, makes the following Order.

(1) 2008 c. 29. Section 37 was amended by section 137(5) of, and paragraph 5 of Schedule 13 to, the Localism Act 2011 (c. 20).

(2) S.I. 2009/2264.

(3) S.I. 2010/103.

(4) As amended by paragraph 29(1) and (3) of Part 1 of Schedule 13 to the Localism Act 2011 (c. 20).

(5) S.I. 2017/572.

(6) Section 104 was amended by section 58(5) of the Marine and Coastal Access Act 2009 (c. 23) and by section 128(2) of, and Schedule 13 paragraphs 1 and 49(1) to (6) to, the Localism Act 2011 (c. 20).

(7) Section 114 was amended by paragraph 55 of Part 1 of Schedule 13 to the Localism Act 2011.

(8) Section 115 was amended by paragraph 56 of Part 1 of Schedule 13 and Part 20 of Schedule 25 to the Localism Act 2011,

section 160 of the Housing and Planning Act 2016 (c. 22) and section 43 of the Wales Act 2017 (c. 4).

(9) Section 117 was amended by paragraph 58 of Part 1 of Schedule 13 and Part 20 of Schedule 25 to the Localism Act 2011.

(10) Section 120 was amended by section 140 of, and paragraph 60 of Part 1 of Schedule 13 to, the Localism Act 2011.

(11) Section 122 was amended by paragraph 62 of Part 1 of Schedule 13 to the Localism Act 2011.

(12) Section 123 was amended by paragraph 62 of Part 1 of Schedule 13 to the Localism Act 2011.Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

PART 1 PRELIMINARY Citation and commencement

1. This Order may be cited as the Green Hill Solar Farm Order 2026 and comes into force on 30th October 2026.

Interpretation

2.—(1) In this Order— “the 1961 Act” means the Land Compensation Act 1961(13); “the 1965 Act” means the Compulsory Purchase Act 1965(14); “the 1980 Act” means the Highways Act 1980(15); “the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981(16);

“the 1984 Act” means the Road Traffic Regulation Act 1984(17); “the 1989 Act” means the Electricity Act 1989(18); “the 1990 Act” means the Town and Country Planning Act 1990(19); “the 1991 Act” means the New Roads and Street Works Act 1991(20);

“the 2008 Act” means the Planning Act 2008(21); “access to works plan” means the plan of that name identified in the table at Schedule 13 (documents and plans to be certified) and which is certified by the Secretary of State as the access to works plan for the purposes of this Order;

“address” includes any number or address used for the purposes of electronic transmission; “apparatus” has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act except that, unless otherwise provided, it further includes pipelines (and parts of them), aerial markers, cathodic protection test posts, field boundary markers, transformer rectifier kiosks, electricity cables, telecommunications equipment and electricity cabinets;

“applicable period” means the period of five years beginning on the day on which this Order is made and includes any extension applied by section 4A (extension of time limit during challenge) of the 1965 Act or section 5B (extension of time limit during challenge) of the 1981 Act;

“archaeological mitigation strategy” means the document of that name identified in the table at Schedule 13 (documents and plans to be certified) and which is certified by the Secretary of State as the archaeological mitigation strategy for the purposes of this Order;

“authorised development” means the development and associated development described in Schedule 1 (authorised development) and any other development within the meaning of

section 32 (meaning of “development”) of the 2008 Act authorised by this Order;

(13) 1961 c. 33.

(14) 1965 c. 56.

(15) 1980 c. 66.

(16) 1981 c. 66.

(17) 1984 c. 27.

(18) 1989 c. 29.

(19) 1990 c. 8.

(20) 1991 c. 22. Section 48(3A) was inserted by section 124 of the Local Transport Act 2008 (c. 26). Sections 78(4), 80(4) and 83(4) were amended by section 40 of, and Schedule 1 to, the Traffic Management Act 2004 (c. 18).

(21) 2008 c. 29.

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Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. “book of reference” means the document of that name identified in the table at Schedule 13 (documents and plans to be certified) and which is certified by the Secretary of State as the book of reference for the purposes of this Order;

“building” includes any structure or erection or any part of a building, structure or erection; “carriageway” has the same meaning as in the 1980 Act; “commence” means beginning to carry out a material operation, as defined in section 155 (when development begins) of the 2008 Act, comprised in or carried out for the purposes of the authorised development other than the permitted preliminary works (except where stated to the contrary) and “commencement” and “commenced” are to be construed accordingly;

“commercial use” means the export of electricity from any part, and the import of electricity to any part, by the authorised development on a commercial basis, following the date of final commissioning of any part of the authorised development;

“concept design parameters and principles” means the document of that name identified in the table of Schedule 13 (documents and plans to be certified) and which is certified by the Secretary of State as the concept design parameters and principles for the purposes of this

Order; “date of decommissioning” means in respect of each part of the authorised development, the date notified under requirement 21 of Schedule 2 (requirements) that that part of the authorised development has permanently ceased to generate electricity on a commercial basis;

“date of final commissioning” means the date on which the authorised development commences operation by generating electricity on a commercial basis but excluding the generation of electricity during commissioning and testing;

“definitive map and statement” has the same meaning as in Part 3 of the Wildlife and Countryside Act 1981(22); “electronic transmission” means a communication transmitted—

(a) by means of an electronic communications network; or

(b) by other means but while in electronic form; “environmental statement” means the document of that name identified in the table at Schedule 13 (documents and plans to be certified) and which is certified by the Secretary of State as the environmental statement for the purposes of this Order;

“footpath” and “footway” have the same meaning as in the 1980 Act; “hedgerow and tree protection order plan” means the plan of that name identified in the table at Schedule 13 (documents and plans to be certified) and which is certified by the Secretary of State as the hedgerow and tree protection order plan for the purposes of this Order;

“highway” and “highway authority” have the same meaning as in the 1980 Act(23); “holding company” has the same meaning as in section 1159 of the Companies Act 2006(24); “land plan” means the plan of that name identified in the table at Schedule 13 (documents and plans to be certified) and which is certified by the Secretary of State as the land plan for the purposes of this Order;

“maintain” includes inspect, repair, adjust, alter, remove, refurbish, reconstruct, replace (including scheduled replacement) and improve any part of, but not remove, reconstruct or replace the whole of, the authorised development and “maintenance” and “maintaining” are to be construed accordingly;

(22) 1981 c. 69.

(23) “highway” is defined in section 328(1). For “highway authority” see section 1.

(24) 2006 c. 46.

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Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. “National Grid” means National Grid Electricity Transmission Plc (company number

2366977) whose registered office is at 1-3 Strand, London, WC2N 5EH or any successor as a licence holder within the meaning of Part 1 of the 1989 Act; “Order land” means the land shown coloured pink or blue on the land plan which is required for or is required to facilitate or is incidental to the authorised development and which is within the limits of land to be acquired or used and described in the book of reference;

“Order limits” means the limits shown on the works plan within which the authorised development may be carried out and land acquired or used; “outline battery storage safety management plan” means the document of that name identified in the table at Schedule 13 (documents and plans to be certified) and which is certified by the Secretary of State as the battery storage safety management plan for the purposes of this Order;

“outline construction environmental management plan” means the document of that name identified in the table at Schedule 13 (documents and plans to be certified) and which is certified by the Secretary of State as the outline construction environmental management plan for the purposes of this Order;

“outline construction traffic management plan” means the document of that name identified in the table at Schedule 13 (documents and plans to be certified) and which is certified by the Secretary of State as the outline construction traffic management plan for the purposes of this Order;

“outline decommissioning statement” means the document of that name identified in the table at Schedule 13 (documents and plans to be certified) and which is certified by the Secretary of State as the outline decommissioning statement for the purposes of this Order;

“outline drainage strategy” means the document of that name identified in the table at Schedule 13 (documents and plans to be certified) and which is certified by the Secretary of State as the outline drainage strategy for the purposes of this Order;

“outline ecological protection and mitigation strategy” means the document of that name identified in the table at Schedule 13 (documents and plans to be certified) and which is certified by the Secretary of State as the outline ecological protection and mitigation strategy for the purposes of this Order;

“outline landscape and ecological management plan” means the document of that name identified in the table at Schedule 13 (documents and plans to be certified) and which is certified by the Secretary of State as the outline landscape and ecological management plan for the purposes of this Order;

“outline operational environmental management plan” means the document of that name identified in the table at Schedule 13 (documents and plans to be certified) and which is certified by the Secretary of State as the outline operational environmental management plan for the purposes of this Order;

“outline operational traffic management plan” means the document of that name identified in the table at Schedule 13 (documents and plans to be certified) and which is certified by the Secretary of State as the outline operational traffic management plan for the purposes of this

Order; “outline public rights of way and permissive paths management plan” means the document of that name identified in the table at Schedule 13 (documents and plans to be certified) and which is certified by the Secretary of State as the outline public rights of way and permissive paths management plan for the purposes of this Order;

“outline skills, supply chain and employment plan” means the plan of that name identified in the table at Schedule 13 (documents and plans to be certified) and which is certified by the 4Document Generated: 2026-10-21

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Secretary of State as the outline skills, supply chain and employment plan for the purposes of this Order; “outline soil management plan” means the document of that name identified in the table at Schedule 13 (documents and plans to be certified) and which is certified by the Secretary of State as the outline soil management plan for the purposes of this Order;

“owner”, in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 1981(25); “permit scheme” means all or any of the West Northamptonshire Council Permit Scheme made by the West Northamptonshire Council Permit Scheme Order 2021 or the Milton Keynes Council Permit Scheme made by the Traffic Management (Milton Keynes Council) Permit Scheme Order 2015, which are schemes made under Part 3 of the Traffic Management Act 2004;

“permitted preliminary works” means all or any of—

(a) environmental surveys, geotechnical surveys, intrusive archaeological surveys and other investigations for the purpose of assessing ground conditions;

(b) removal of plant and machinery;

(c) above ground site preparation for temporary facilities for the use of contractors;

(d) remedial work in respect of any contamination or other adverse ground conditions;

(e) diversion and laying of apparatus;

(f) the provision of temporary means of enclosure and site security for construction;

(g) the temporary display of site notices or advertisements; or

(h) site clearance (including vegetation removal, demolition of existing buildings and structures); “plot” means any plot as may be identified by reference to a number and which is listed in the book of reference and shown on the land plan;

“public right of way” includes any public right of way that is added to the definitive map and statement after the making of this Order; “public rights of way plan” means the plans of that name identified in the table at Schedule 13 (documents and plans to be certified) and which are certified by the Secretary of State as the public rights of way plan for the purposes of this Order;

“relevant planning authority” means the local planning authority for the area in which the land to which the provisions of this Order apply is situated; “requirements” means those matters set out at Schedule 2 (requirements) and “requirement” means any one of the requirements and any reference to a numbered requirement is to be construed accordingly;

“statutory undertaker” means any person falling within section 127(8) (statutory undertakers’ land) of the 2008 Act and includes a public communications provider defined by section 151(1) (interpretation of chapter 1) of the Communications Act 2003(26);

“street” means a street within the meaning of section 48 (streets, street works and undertakers) of the 1991 Act, together with land on the verge of a street or between two carriageways, and includes any footpath and part of a street;

“street authority”, in relation to a street, has the same meaning as in Part 3 of the 1991 Act(27);

(25) 1981 c. 67.

(26) 2003 c. 21.

(27) “street authority” is defined in section 49, which was amended by paragraph 117 of Schedule 1 to the Infrastructure Act 2015 (c. 7).

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Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. “streets plan” means the plan of that name identified in the table at Schedule 13 (documents and plans to be certified) and which is certified by the Secretary of State as the streets plan for the purposes of this Order;

“street works” means the works listed in article 8(1) (street works); “subsidiary” has the same meaning as in section 1159 of the Companies Act 2006(28); “traffic authority” has the same meaning as in section 121A (traffic authorities) of the 1984 Act(29);

“undertaker” means Green Hill Solar Farm Limited (company number 13362769) and any other person who for the time being has the benefit of this Order in accordance with article 36 (benefit of the Order) or article 37 (consent to transfer the benefit of the Order);

“Upper Tribunal” means the Lands Chamber of the Upper Tribunal; “watercourse” includes every river, stream, creek, ditch, drain, canal, cut, culvert, dyke, sluice, sewer and passage through which water flows except a public sewer or drain;

“working day” means any day other than a Saturday, Sunday or English bank or public holiday; “works plan” means the plan of that name identified in the table at Schedule 13 (documents and plans to be certified) and which is certified by the Secretary of State as the works plan for the purposes of this Order; and “written scheme of investigation: archaeological trenching” means the document of that name identified in the table at Schedule 13 (documents and plans to be certified) and which is

certified by the Secretary of State as the written scheme of investigation: archaeological trenching.

(2) References in this Order to rights over land include references to rights to do or restrain or to place and maintain anything in, on or under land or in the airspace above its surface and to any trusts or incidents (including restrictive covenants) to which the land is subject and references in this Order to the imposition of restrictive covenants are references to the creation of rights over land which interfere with the interests or rights of another and are for the benefit of land which is acquired under this Order or over which rights are created and acquired under this Order or is otherwise comprised in this Order.

(3) In this Order, references to the purposes of the authorised development include the construction, maintenance, operation, use and decommissioning of the authorised development.

(4) All distances, directions, capacities and lengths referred to in this Order are approximate and distances between lines or points on a numbered work comprised in the authorised development and shown on the works plan, access to works plan and public rights of way plan are to be taken to be measured along that work.

(5) References in this Order to numbered works are references to the works comprising the authorised development as numbered in Schedule 1 (authorised development) and shown on the works plan and a reference in this Order to a work designated by a number, or by a combination of letters and numbers, is a reference to the work so designated in that Schedule and a reference to “Work No. 3” or “numbered work 3” means numbered works 3A, 3B and 3C inclusive and the same principle applies to such numbered works that contain letters.

(6) In this Order, the expression “includes” is to be construed without limitation.

(7) In this Order, references to any statutory body include that body’s successor bodies.

(28) 2006 c. 46.

(29) Section 121A was inserted by paragraph 70 of Schedule 8 to the 1991 Act, and subsequently amended by section 271 of the Greater London Authority Act 1999 (c. 29); section 1(6) of, and paragraphs 70 and 95 of Schedule 1 to, the Infrastructure Act 2015; and S.I. 1999/1920 and S.I. 2001/1400.

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(8) In this Order, all references to the singular is a reference to the plural, and vice versa, except where explicitly stated.

(9) All areas described in square metres in the book of reference are approximate.

PART 2 PRINCIPAL POWERS Development consent etc. granted by this Order

3.—(1) Subject to the provisions of this Order, including the requirements, the undertaker is granted development consent for the authorised development to be carried out within the Order limits.

(2) Each numbered work must be situated within the corresponding numbered area shown on the works plan.

Operation of generating station

4.—(1) The undertaker is authorised to use and operate the generating station comprised in the authorised development.

(2) This article does not relieve the undertaker of any requirement to obtain any permit or licence under any other legislation that may be required from time to time to authorise the operation of an electricity generating station.

Power to maintain the authorised development

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

(2) This article only authorises the carrying out of maintenance within the Order limits.

(3) This article does not authorise the carrying out of any works which are likely to give rise to any materially new or materially different effects that have not been assessed in the environmental statement.

Disapplication and modification of legislation, etc.

6.—(1) The following provisions do not apply in relation to the construction of any work or the carrying out of any operation required for the purposes of, or in connection with, the construction, operation, maintenance or decommissioning of any part of the authorised development—

(a) section 23 (prohibition of obstructions, etc. in watercourses) of the Land Drainage Act 1991(30);

(b) section 32(31) (variation of awards) of the Land Drainage Act 1991;

(c) the provisions of any byelaws made under section 66(32) (powers to make byelaws) of the Land Drainage Act 1991 that require consent or approval for the carrying out of the authorised development;

(30) 1991 c. 59. Section 23 was amended by paragraph 192(2) of Schedule 22 to the Environment Act 1995 (c. 25), paragraphs 25 and 32 of Schedule 2 to the Flood and Water Management Act 2010 (c. 29) and S.I. 2013/755.

(31) Section 32 was amended by S.I. 2013/755.

(32) Section 66 was amended by paragraphs 25 and 38 of Schedule 2 to the Flood and Water Management Act 2010 and section 86 of the Water Act 2014 (c. 21).

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(d) the provisions of any byelaws made under, or having effect as if made under, paragraphs 5, 6 or 6A of Schedule 25 (byelaw making powers of the appropriate agency) to the Water Resources Act 1991(33) that require consent or approval for the carrying out of the authorised development;

(e) regulation 12 (requirement for environmental permit) of the Environmental Permitting (England and Wales) Regulations 2016(34) in respect of a flood risk activity only;

(f) the legislation listed in Schedule 3 (legislation to be disapplied) in so far as the provisions still in force are incompatible with the powers contained within this Order; and

(g) the provisions of the Neighbourhood Planning Act 2017(35) insofar as they relate to the temporary possession of land under articles 31 (temporary use of land for constructing the authorised development) and 32 (temporary use of land for maintaining the authorised development) of this Order.

(2) For the purposes of section 9 (requirement of licence for felling) of the Forestry Act 1967(36) any felling comprised in the carrying out of any work or operation required for the purposes of, or in connection with, the construction of the authorised development is deemed to be immediately required for the purpose of carrying out development authorised by planning permission granted under the 1990 Act.

(3) Regulation 6(1) of the Hedgerows Regulations 1997 has effect as though after sub- paragraph (e) there were added— “(ea) for carrying out any development or in the exercise of any functions that are authorised by the Green Hill Solar Farm Order 2026;”.

(4) Regulation 3(2) of the Environmental Impact Assessment (Agriculture) (England) (No.2) Regulations 2006(37) has effect as though after sub-paragraph (b) there were added “(ba) constitutes development to which the Infrastructure Planning (Environmental Impact Assessment Regulations 2017(38) apply;”.

(5) Notwithstanding the provisions of section 208 (liability) of the 2008 Act, for the purposes of regulation 6 (meaning of “development”) of the Community Infrastructure Levy Regulations 2010(39) any building comprised in the authorised development is deemed to be—

(a) a building into which people do not normally go; or

(b) a building into which people go only intermittently for the purpose of inspecting or maintaining fixed plant or machinery.

Defence to proceedings in respect of statutory nuisance

7.—(1) Where proceedings are brought under section 82(1) (summary proceedings by a person aggrieved by statutory nuisance) of the Environmental Protection Act 1990(40) in relation to a nuisance falling within sub-paragraph (g) of section 79(1) (noise emitted from premises so as to be

(33) 1991 c. 57. Paragraph 5 was amended by section 100 of the Natural Environment and Rural Communities Act 2006 (c. 16),

section 84 of, and paragraph 3 of Schedule 11 to, the Marine and Coastal Access Act 2009 (c. 23) and S.I. 2013/775. Paragraph 6 was amended by section 105 of, and paragraph 26 of Schedule 15 to, the Environment Act 1995, sections 224, 233 and 321 of, and paragraphs 20 and 24 of Schedule 16 and Part 5(B) of Schedule 22 to, the Marine and Coastal Access Act 2009 and S.I. 2013/755. Paragraph 6A was inserted by section 103(3) of the Environment Act 1995.

(34) S.I. 2016/1154. Regulation 12 was amended by S.I. 2018/110.

(35) 2017 c. 20.

(36) Section 9 was amended by section 4 of, and paragraph 141 of, Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11) and S.I. 2013/755. There are other amendments to section 9 that are not relevant to this Order.

(37) S.I. 2006/2522.

(38) S.I. 2017/572.

(39) S.I. 2010/948, amended by S.I. 2011/987. There are other amending instruments but none are relevant to this Order.

(40) 1990 c. 43.

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Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. prejudicial to health or a nuisance) of that Act no order may be made, and no fine may be imposed, under section 82(2) 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 construction or maintenance of the authorised development in accordance with a notice served under section 60 (control of noise on construction site) of the Control of Pollution Act 1974(41), or a consent given under section 61 (prior consent for work on construction site) of that Act; or

(b) is a consequence of the construction or maintenance or decommissioning of the authorised development and that it cannot reasonably be avoided; or

(c) is a consequence of the use of the authorised development and that it cannot be reasonably avoided.

(2) Section 61(9) (consent for work on construction sites to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act

1990) of the Control of Pollution Act 1974, does not apply where the consent relates to the use of the premises by the undertaker for the purposes of, or in connection with, the construction or maintenance or decommissioning of the authorised development.

PART 3 STREETS Street works

8.—(1) The undertaker may, for the purposes of the authorised development, enter on so much of any of the streets specified in Schedule 4 (streets subject to street works) as is within the Order limits and may—

(a) break up or open the street, or any sewer, drain or tunnel under it;

(b) drill, tunnel or bore under the street;

(c) place and keep apparatus in or under the street;

(d) maintain apparatus in or under the street, change its position or remove it;

(e) repair, replace or otherwise alter the surface or structure of the street or any culvert under the street; and

(f) execute any works required for or incidental to any works referred to in sub-paragraphs (a) to (e).

(2) The authority given by paragraph (1) is a statutory right or licence for the purposes of sections 48(3) (streets, street works and undertakers) and 51(1) (prohibition of unauthorised street works) of the 1991 Act.

(3) Where the undertaker is not the street authority, the provisions of sections 54 (advanced notice of certain works) to 106 (index of defined expressions) of the 1991 Act apply to any street works carried out under paragraph (1).

(41) 1974 c. 40. Section 61(9) was amended by section 162 of, and paragraph 15 of Schedule 3 to, the Environmental Protection Act 1990 (c. 25). There are other amendments to the 1974 Act which are not relevant to the Order.

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Application of the permit schemes

9.—(1) The permit schemes apply with the modifications set out in this article to street works carried out under the power conferred by article 8 (street works) of this Order.

(2) For the purposes of this Order—

(a) a permit may not be refused or granted subject to conditions which amount to the imposition of moratoria; and

(b) a permit may not be granted subject to conditions where compliance with those conditions would constitute a breach of this Order or where the undertaker would be unable to comply with those conditions pursuant to the powers conferred by this Order.

(3) Without restricting the undertaker’s recourse to any alternative appeal mechanism which may be available under the permit scheme or otherwise, the undertaker may appeal any decision to refuse to grant a permit or to grant a permit subject to conditions pursuant to the permit scheme in accordance with the mechanism set out in Schedule 16 (procedure for discharge of requirements) of this Order.

(4) References to moratoria in paragraph (2) mean restrictions imposed under section 58 (restrictions on works following substantial road works) or section 58A (restrictions on works following substantial street works) of the 1991 Act.

Power to alter layout, etc., of streets

10.—(1) The undertaker may for the purposes of the authorised development alter the layout of, or carry out the works to, the streets—

(a) specified in column 2 of the table in Part 1 (permanent alteration of layout) of Schedule 5 (alteration of streets) permanently in the manner specified in relation to that street in column 3; and

(b) specified in column 2 of the table in Part 2 (temporary alteration of layout) of Schedule 5 (alteration of streets) temporarily in the manner specified in relation to that street in column

3.

(2) Without prejudice to the specific powers conferred by paragraph (1), but subject to paragraphs (3) and (4), the undertaker may, for the purposes of constructing, operating or maintaining the authorised development, alter the layout of any street and, without limitation on the scope of this paragraph, the undertaker may—

(a) alter the level or increase the width of any kerb, footway, cycle track or verge; and

(b) make and maintain passing places.

(3) The undertaker must restore any street that has been temporarily altered under this Order to the reasonable satisfaction of the street authority.

(4) The powers conferred by paragraph (2) may not be exercised without the prior written consent of the street authority, such consent to be in a form reasonably required by the street authority.

(5) Paragraphs (3) and (4) do not apply where the undertaker is the street authority for a street in which the works are being carried out.

Construction and maintenance of altered streets

11.—(1) The permanent alterations of each of the streets specified in Part 1 (permanent alteration of layout) of Schedule 5 (alteration of streets) to this Order must be completed to the reasonable satisfaction of the street authority, and unless otherwise agreed with the street authority, the alterations must be maintained to the same condition by and at the expense of the undertaker 10Document Generated: 2026-10-21

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(2) Subject to paragraph (3), the temporary alteration to each of the streets specified in Part 2 (temporary alteration of streets) of Schedule 5 (alteration of streets) must be completed to the reasonable satisfaction of the street authority, and, unless otherwise agreed by the street authority, the temporary alterations must be maintained to the same condition by and at the expense of the undertaker for the duration that the temporary alterations are used by the undertaker for the purposes of construction or decommissioning of the authorised development.

(3) Those restoration works carried out pursuant to article 10(3) (power to alter layout, etc. of streets) must be completed to the reasonable satisfaction of the street authority and must be maintained to the same condition by the undertaker for a period of 12 months from their completion and from the expiry of that period by and at the expense of the street authority.

(4) In any action against the undertaker in respect of loss or damage resulting from any failure by it to maintain a street under this article, it is a defence (without prejudice to any other defence or the application of the law relating to contributory negligence) to prove that the undertaker had taken such care as in all the circumstances was reasonably required to secure that the part of the street to which the action relates was not dangerous to traffic.

(5) For the purposes of a defence under paragraph (2), a court must in particular have regard to the following matters—

(a) the character of the street including the traffic which was reasonably to be expected to use it;

(b) the standard of maintenance appropriate for a street of that character and used by such traffic;

(c) the state of repair in which a reasonable person would have expected to find the street;

(d) whether the undertaker knew, or could reasonably have been expected to know, that the condition of the part of the street to which the action relates was likely to cause danger to users of the street; and

(e) where the undertaker could not reasonably have been expected to repair that part of the street before the cause of action arose, what warning notices of its condition had been displayed, but for the purposes of such a defence it is not relevant that the undertaker had arranged for a competent person to carry out or supervise the maintenance of that part of the street to which the action relates unless it is also proved that the undertaker had given that person proper instructions with regard to the maintenance of the street and that those instructions had been carried out.

Temporary closure, restriction or prohibition of use of streets and public rights of way

12.—(1) The undertaker, during and for the purposes of constructing, maintaining or decommissioning the authorised development, may temporarily close, prohibit the use of, restrict the use of, alter or divert any street or public right of way and may for any reasonable time—

(a) divert the traffic or a class of traffic from the street or public right of way;

(b) authorise the use of motor vehicles on classes of public rights of way where, notwithstanding the provisions of this article, there is otherwise no public right to use motor vehicles; and

(c) subject to paragraph (2), prevent all persons from passing along the street or public right of way.

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(3) Without prejudice to the generality of paragraph (1), the undertaker may temporarily close, prohibit the use of, restrict the use of, authorise the use of, alter or divert—

(a) the streets specified in column 2 of the table in Part 1 (streets to be temporarily closed) of Schedule 6 (streets and public rights of way) to the extent specified in column 3 of that table;

(b) the public rights of way specified in column 2 of the table in Part 2 (public rights of way to be temporarily closed) of Schedule 6 (streets and public rights of way) to the extent specified in column 3 of that table; and

(c) the public rights of way specified in column 2 of the table in Part 3 (temporary use of motor vehicles on public rights of way) of Schedule 6 (streets and public rights of way) to the extent specified in column 3 of that table.

(4) The undertaker must not temporarily close, prohibit the use of, restrict the use of, authorise the use of, alter or divert—

(a) any street or public right of way specified in paragraph (3) without first consulting the street authority; and

(b) any other street or public right of way without the consent of the street authority, and the street authority may attach reasonable conditions to any such consent.

(5) Any person who suffers loss by the suspension of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(6) Without prejudice to the scope of paragraph (1), the undertaker may use any street or public right of way which has been temporarily closed or restricted under the powers conferred by this article and within the Order limits as a temporary working site.

(7) If the undertaker uses any street or public right of way as a temporary working site under this article the undertaker must restore the street or public right of way to the reasonable satisfaction of the street authority.

(8) Nothing in this article prevents the undertaker from temporarily closing, prohibiting the use of, authorising the use of, restricting the use of, altering or diverting a street or public right of way under this article more than once.

(9) In this article expressions used in this article and in the 1984 Act have the same meaning.

Use of private roads

13.—(1) The undertaker may use any private road within the Order limits for the passage of persons or vehicles (with or without materials, plant and machinery) for the purposes of, or in connection with, the construction or maintenance or decommissioning of the authorised development.

(2) The undertaker must compensate the person liable for the repair of a road to which paragraph (1) applies for any loss or damage which that person may suffer by reason of the exercise of the power conferred by paragraph (1).

(3) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of such compensation, is to be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

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Access to works

14.—(1) The undertaker may, for the purposes of the authorised development—

(a) form and lay out the permanent means of access, or improve existing means of access, in the locations specified in Part 1 (permanent means of access to works) of Schedule 7 (access to works);

(b) form and lay out the temporary means of access in the location specified in Part 2 (temporary means of access) of Schedule 7; and

(c) with the approval of the relevant planning authority after consultation with the highway authority, form and lay out such other means of access or improve existing means of access, at such locations within the Order limits as the undertaker reasonably requires for the purposes of the authorised development.

(2) Unless otherwise agreed with the relevant planning authority, the undertaker must restore any access that has been temporarily created under this Order to the reasonable satisfaction of the relevant planning authority.

Agreements with street authorities

15.—(1) A street authority and the undertaker may enter into agreements with respect to—

(a) the strengthening, improvement, repair or reconstruction of any street under the powers conferred by this Order;

(b) any closure, prohibition, restriction, alteration or diversion of a street authorised by this

Order;

(c) the undertaking in the street of any of the works referred to in article 8 (street works), article 10 (power to alter layout, etc., of streets), article 11 (construction and maintenance of altered streets) and article 14 (access to works); or

(d) the adoption by a street authority which is the highway authority of works—

(i)undertaken on a street which is existing public maintainable highway; or

(ii)which the undertaker and highway authority agree to be adopted as public maintainable highway.

(2) If such agreement provides that the street authority must undertake works on behalf of the undertaker the agreement may, without prejudice to the generality of paragraph (1)—

(a) make provision for the street authority to carry out any function under this Order which relates to the street in question;

(b) specify a reasonable time for the completion of the works; and

(c) contain such terms as to payment and otherwise as the parties consider appropriate.

Traffic regulation measures

16.—(1) Subject to the provisions of this article, the undertaker may make temporary provision for the purposes of the construction, maintenance and decommissioning of the authorised development—

(a) as to the speed at which vehicles may proceed along any road;

(b) permitting, prohibiting or restricting the stopping, waiting, loading or unloading of vehicles on any road;

(c) as to the prescribed routes for vehicular traffic or the direction or priority of vehicular traffic on any road;

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(d) permitting, prohibiting or restricting the use by vehicular traffic or non-vehicular traffic of any road; and

(e) suspending or amending in whole or in part any order made, or having effect as if made, under the 1984 Act.

(2) Subject to the provisions of this article the undertaker may at any time, in the interests of safety and for the purposes of, or in connection with, the construction of the authorised development, temporarily place traffic signs and signals in the extents specified in column 3 of road specified in column 2 of the table in Schedule 8 (traffic regulation measures) and over which temporary provision has been made under paragraph (1) and the placing of those traffic signs and signals is deemed to have been permitted by the traffic authority for the purposes of section 65 of the 1984 Act and the Traffic Signs Regulations and General Directions 2016(42).

(3) No speed limit imposed by or under this Order applies to vehicles falling within regulation 3(4) of the Road Traffic Exemptions (Special Forces) (Variation and Amendment) Regulations 2011(43) when in accordance with regulation 3(5) of those regulations.

(4) Before exercising the power conferred by paragraph (1) the undertaker must—

(a) consult with the chief officer of police in whose area the road is situated; and

(b) obtain the prior written consent of the traffic authority.

(5) The undertaker must not exercise the powers in paragraphs (1) or (2) unless it has—

(a) given not less than 4 weeks’ notice in writing of its intention so to do to the chief officer of police and to the traffic authority in whose area the road is situated;

(b) not less than 7 days before the provision is to take effect published the undertaker’s intention to make the provision in one or more newspaper circulating in the area in which any road to which the provision relates is situated; and

(c) not less than 7 days before the provision is to take effect, displayed a site notice containing the same information at each end of the length of road affected.

(6) Any provision made under the powers conferred by paragraph (1) of this article may be suspended, varied or revoked by the undertaker from time to time by subsequent exercise of the powers conferred by paragraph (1).

(7) Any provision made by the undertaker under article 12 (temporary closure, restriction or prohibition of use of streets and public rights of way) or paragraphs (1) or (2) of this article—

(a) must be made by written instrument in such form as the undertaker considers appropriate;

(b) has effect as if duly made by the traffic authority in whose area the road is situated as a traffic regulation order under the 1984 Act and the instrument by which it is effected may specify specific savings and exemptions to which the provision is subject; and

(c) is deemed to be a traffic order for the purposes of Schedule 7 to the Traffic Management Act 2004(44) (road traffic contraventions subject to civil enforcement).

(8) A copy of the instrument referred to in paragraph 7(a) must be served on the traffic authority as soon as reasonably practicable after being made.

(42) S.I. 2016/362.

(43) S.I. 2011/935.

(44) 2004 c. 18.

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PART 4 SUPPLEMENTAL POWERS Discharge of water

17.—(1) Subject to paragraphs (3), (4) and (9) the undertaker may use any watercourse or any public sewer or drain for the drainage of water in connection with the construction or maintenance or decommissioning of the authorised development and for that purpose may lay down, take up and alter pipes and may, on any land within the Order limits, make openings into, and connections with, the watercourse, public sewer or drain.

(2) Any dispute arising from the making of connections to or the use of a public sewer or drain by the undertaker under paragraph (1) is to be determined as if it were a dispute under section 106 (right to communicate with public sewers) of the Water Industry Act 1991(45).

(3) The undertaker must not discharge any water into any watercourse, public sewer or drain except with the consent of the person to whom it belongs whose consent may be given subject to terms and conditions as that person may reasonably impose.

(4) The undertaker must not make any opening into any public sewer or drain except—

(a) in accordance with plans approved by the person to whom the sewer or drain belongs; and

(b) where that person has been given the opportunity to supervise the making of the opening.

(5) The undertaker must take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain pursuant to this article is as free as may be practicable from gravel, soil or other solid substance, oil or matter in suspension.

(6) This article does not authorise the entry into controlled waters of any matter whose entry or discharge into controlled waters requires a licence pursuant to the Environmental Permitting (England and Wales) Regulations 2016.

(7) The undertaker must not, in carrying out, maintaining or decommissioning works pursuant to this article, damage or interfere with the bed or banks of any watercourse forming part of a main river.

(8) Where the undertaker discharges water into, or makes an opening into, a watercourse, public sewer or drain belonging to, or under the control of, Anglian Water or any other drainage authority (as defined in Part 9 of Schedule 15 (protective provisions)), the provisions of Part 5 or Part 9 of Schedule 15 (protective provisions) apply instead of paragraphs (3) and (4).

(9) In this article—

(a) “public sewer or drain” means a sewer or drain which belongs to Homes England, the Environment Agency, an internal drainage board, a joint planning board, a local authority, a National Park Authority, a sewerage undertaker or an urban development corporation;

and

(b) other expressions, excluding watercourse, used both in this article and in the Water Resources Act 1991 have the same meaning as in that Act.

Removal of human remains

18. Where a licence issued under section 4 of the Protection of Military Remains Act 1986(46) (“a licence”) applies to human remains, or where the remains are found in an area identified in the construction environmental management plan as one to be treated as though a licence applies, the undertaker must comply with the terms of the licence.

(45) 1991 c. 56.

(46) 1986 c. 35.

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Protective works to buildings

19.—(1) Subject to the following provisions of this article, the undertaker may at its own expense carry out such protective works to any building lying within the Order limits as the undertaker considers necessary or expedient.

(2) Protective works may be carried out—

(a) at any time before or during the construction of any part of the authorised development in the vicinity of the building; or

(b) after the completion of that part of the authorised development in the vicinity of the building at any time up to the end of the period of five years beginning with the date of final commissioning.

(3) For the purpose of determining how the powers under this article are to be exercised, the undertaker may enter and survey any building falling within paragraph (1) and any land within its curtilage.

(4) For the purpose of carrying out protective works under this article to a building, the undertaker may (subject to paragraphs (5) and (6))—

(a) enter the building and any land within its curtilage; and

(b) where the works cannot be carried out reasonably conveniently without entering land which is adjacent to the building but outside its curtilage, enter the adjacent land but not any building erected on it.

(5) Before exercising—

(a) a right under paragraph (1) to carry out protective works to a building;

(b) a right under paragraph (3) to enter a building and land within its curtilage;

(c) a right under paragraph (4)(a) to enter a building and land within its curtilage;

(d) a right under paragraph (4)(b) to enter land, the undertaker must, except in the case of emergency, serve on the owners and occupiers of the building or land not less than 14 days’ notice of its intention to exercise that right and, in a case falling within sub-paragraph (a), (c) or (d), specifying the protective works proposed to be carried out.

(6) Where a notice is served under paragraph (5)(a), (5)(c) or (5)(d), the owner or occupier of the building or land concerned may, by serving a counter-notice within the period of 10 days beginning with the day on which the notice was served, require the question whether it is necessary or expedient to carry out the protective works or to enter the building or land to be referred to arbitration under article 44 (arbitration).

(7) The undertaker must compensate the owners and occupiers of any building or land in relation to which rights under this article have been exercised for any loss or damage arising to them by reason of the exercise of those rights.

(8) W here—

(a) protective works are carried out under this article to a building; and

(b) within the period of five years beginning with the date of final commissioning, it appears protective works are inadequate to protect the building against damage caused by the construction or use of that part of the authorised development, the undertaker must compensate the owners and occupiers of the building for any loss or damage sustained by them.

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(9) Subject to article 43 (no double recovery) nothing in this article relieves the undertaker from any liability to pay compensation under section 152(47) (compensation in case where no right to claim in nuisance) of the 2008 Act.

(10) Any compensation payable under paragraph (7) or (8) must be determined, in case of dispute, as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(11) Section 13(48) (refusal to give possession to acquiring authority) of the 1965 Act applies to the entry onto, or possession of, land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125(49) (application of compulsory acquisition provisions) of the 2008 Act.

(12) In this article “protective works” in relation to a building means—

(a) underpinning, strengthening and any other works the purpose of which is to prevent damage which may be caused to the building by the construction, maintenance or use of the authorised development; and

(b) any works the purpose of which is to remedy any damage which has been caused to the building by the construction, maintenance or use of the authorised development.

Authority to survey and investigate the land

20.—(1) The undertaker may for the purposes of this Order enter on any land shown within the

Order limits or enter on any land which may be affected by the authorised development or enter on any land upon which entry is required in order to carry out monitoring or surveys in respect of the authorised development and—

(a) survey or investigate the land;

(b) without prejudice to the generality of sub-paragraph (a), make trial holes or boreholes in such positions on the land as the undertaker thinks fit to investigate the nature of the surface layer and subsoil and groundwater and remove soil and groundwater samples;

(c) without prejudice to the generality of sub-paragraph (a), carry out ecological or archaeological investigations on such land, including the digging of trenches; and

(d) place on, leave on and remove from the land apparatus for use in connection with the survey and investigation of land and making of trial holes, boreholes or trenches.

(2) No land may be entered or equipment placed or left on or removed from the land under paragraph (1) unless at least 14 days’ notice has been served on every owner and occupier of the land.

(3) Any person entering land under this article on behalf of the undertaker—

(a) must, if so required before entering the land, produce written evidence of their authority to do so; and

(b) may take with them such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes, boreholes or trenches.

(4) No trial holes, boreholes or trenches are to be made under this article—

(a) in land located within the highway boundary without the consent of the highway authority; or

(b) in a private street without the consent of the street authority.

(47) Section 152 was amended by S.I. 2009/1307.

(48) Section 13 was amended by sections 62(3), 139(4) to (9) and 146 of, and paragraphs 27 and 28 of Schedule 13, and Part 3 of Schedule 23 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).

(49) Section 125 was amended by section 190 of, and paragraph 17 of Schedule 16 to, the Housing and Planning Act 2016 (c. 22).

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(5) The undertaker must compensate the owners and occupiers of the land for any loss or damage arising by reason of the exercise of the authority conferred by this article, such compensation to be determined, in case of dispute, as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(6) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the entry onto land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.

PART 5 POWERS OF ACQUISITION Compulsory acquisition of land

21.—(1) The undertaker may—

(a) acquire compulsorily so much of the Order land as is required for the authorised development or to facilitate, or as is incidental, to it; and

(b) use any land so acquired for the purpose authorised by this Order or for any other purposes in connection with or ancillary to the authorised development.

(2) This article is subject to article 22 (time limit for exercise of authority to possess land temporarily or to acquire land compulsorily), article 24 (compulsory acquisition of rights), article 25 (private rights over land), article 27 (power to override easements and other rights), article 29 (acquisition of subsoil only), article 30 (rights under or over streets) and article 31 (temporary use of land for constructing the authorised development).

Time limit for exercise of authority to possess land temporarily or to acquire land compulsorily

22.—(1) No notice to treat is to be served under Part 1 (compulsory purchase under Acquisition of Land Act 1981) of the 1965 Act and no declaration is to be executed under section 4 (execution of declaration) of the 1981 Act after the end of the applicable period.

(2) The authority conferred by article 31 (temporary use of land for constructing the authorised development) must not be used after the end of the applicable period.

(3) For the purposes of section 4 of the 1965 Act (time limit for giving notice to treat) and

section 5A of the 1981 Act (time limit for general vesting declaration), as modified and applied by this Order, the definition of “applicable period” is to be construed as having the same meaning as in this Order.

(4) In this article—

(a) references to the 1965 Act include the modifications in article 28 (modification of Part 1 of the Compulsory Purchase Act 1965); and

(b) references to the 1981 Act are as applied by article 26 (application of the 1981 Act).

(5) Nothing in paragraph (2) prevents the undertaker remaining in possession of land after the end of the applicable period, if the land was entered and possession was taken before the end of that period.

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Compulsory acquisition of land – incorporation of the mineral code

23. Parts 2 and 3 of Schedule 2 (minerals) to the Acquisition of Land Act 1981(50) are incorporated into this Order subject to the modifications that—

(a) for “the acquiring authority” substitute “the undertaker”;

(b) for the “undertaking” substitute “authorised development”; and

(c) paragraph 8(3) is not incorporated.

Compulsory acquisition of rights

24.—(1) Subject to paragraph (2) and article 31 (temporary use of land for constructing the authorised development), the undertaker may acquire compulsorily such rights over the Order land or impose such restrictive covenants over the Order land as may be required for any purpose for which that land may be acquired under article 21 (compulsory acquisition of land), by creating them as well as by acquiring rights already in existence.

(2) Subject to the provisions of this paragraph, article 25 (private rights) and article 33 (statutory undertakers), in the case of the Order land specified in column 1 of the table in Schedule 9 (land in which only new rights etc. may be acquired) the undertaker’s powers of compulsory acquisition are limited to the acquisition of existing rights and benefit of restrictive covenants over that land and the creation and acquisition of such new rights and the imposition of restrictive covenants for the purpose specified in relation to that land in column 2 of the table in that Schedule.

(3) Subject to section 8 (other provisions as to divided land) and Schedule 2A (counter-notice requiring purchase of land) of the 1965 Act (as substituted by paragraph 5(8) of Schedule 10 (modification of compensation and compulsory purchase enactments for the creation of new rights and imposition of new restrictive covenants)), where the undertaker creates or acquires an existing right over land or the benefit of a restrictive covenant under paragraph (1) or (2), the undertaker is not required to acquire a greater interest in that land.

(4) Schedule 10 (modification of compensation and compulsory purchase enactments for the creation of new rights and imposition of new restrictive covenants) has effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right or the imposition of restrictive covenants.

(5) In any case where the acquisition of new rights or imposition of a restriction under paragraph (1) or (2) is required for the purpose of diverting, replacing or protecting apparatus of a statutory undertaker, the undertaker may, with the consent of the Secretary of State, transfer the power to acquire such rights to the statutory undertaker in question.

(6) The exercise by a statutory undertaker of any power in accordance with a transfer under paragraph (5) is subject to the same restrictions, liabilities and obligations as would apply under this

Order if that power were exercised by the undertaker.

Private rights

25.—(1) Subject to the provisions of this article, all private rights and restrictive covenants over land subject to compulsory acquisition under this Order cease to have effect insofar as their continuance would be inconsistent with the exercise of the powers under article 21 (compulsory acquisition of land) on the earliest of—

(a) the date of acquisition of the land by the undertaker, whether compulsorily or by agreement; or

(50) 1981 c. 67.

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(b) the date of entry on the land by the undertaker under section 11(1) (power of entry) of the 1965 Act.

(2) Subject to the provisions of this article, all private rights or restrictive covenants over land subject to the compulsory acquisition of rights or the imposition of restrictive covenants under article 24 (compulsory acquisition of rights) cease to have effect in so far as their continuance would be inconsistent with the exercise of the right or compliance with the restrictive covenant on the earliest of—

(a) the date of the acquisition of the right or imposition of the restrictive covenant by the undertaker (whether the right is acquired compulsorily or by agreement); or

(b) the date of entry on the land by the undertaker under section 11(1) (power of entry) of the 1965 Act in pursuance of the right.

(3) Subject to the provisions of this article, all private rights or restrictive covenants over land of which the undertaker takes temporary possession under article 31 or article 32 are suspended and unenforceable, in so far as their continuance would be inconsistent with the purpose for which temporary possession is taken, for as long as the undertaker remains in lawful possession of the land.

(4) Any person who suffers loss by the extinguishment, cessation of effect or suspension of any private right or restrictive covenant under this article is entitled to compensation in accordance with the terms of section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(5) This article does not apply in relation to any right to which section 138 (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) of the 2008 Act or article 33 (statutory undertakers) applies.

(6) Paragraphs (1) to (3) have effect subject to—

(a) any notice given by the undertaker before—

(i)the completion of the acquisition of the land or the acquisition of rights or the imposition of restrictive covenants over or affecting the land;

(ii)the undertaker’s appropriation of the land;

(iii)the undertaker’s entry onto the land; or

(iv)the undertaker’s taking temporary possession of the land, that any or all of those paragraphs do not apply to any right specified in the notice; or

(b) any agreement made at any time between the undertaker and the person in or to whom the right or restrictive covenant in question is vested or belongs.

(7) If an agreement referred to in paragraph (6)(b)—

(a) is made with a person in or to whom the right is vested or belongs; and

(b) is expressed to have effect also for the benefit of those deriving title from or under that person, the agreement is effective in respect of the persons so deriving title, whether that title was derived before or after the making of the agreement.

(8) References in this article to private rights over land include any right of way, trust, incident, restrictive covenant, easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support; and include restrictions as to the user of land arising by virtue of a contract, agreement or undertaking having that effect.

Application of the 1981 Act

26.—(1) The 1981 Act applies as if this Order were a compulsory purchase order.

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(2) The 1981 Act, as applied by paragraph (1), has effect with the following modifications.

(3) In section 1 (application of the Act), for subsection (2) substitute— “(2) This section applies to any Minister, any local or other public authority or any other body or person authorised to acquire land by means of a compulsory purchase order.”.

(4) In section 5(2) (earliest date for execution of declaration) omit the words from “and this subsection” to the end.

(5) In section 5B(1) (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the three year period mentioned in 5A” substitute “section 118 (legal challenges relating to applications for orders granting development consent) of the 2008 Act”.

(6) In section 6 (notices after extension of declaration), in subsection (1)(b) for “section 15 of, or paragraph 6 of Schedule 1 to, the Acquisition of Land Act 1981” substitute “section 134 (notice of authorisation of compulsory acquisition of the Planning Act 2008”.

(7) In section 7 (constructive notice to treat), in subsection (1)(a) omit the words “(as modified by section 4 of the Acquisition of Land Act 1981)”.

(8) In Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration), for paragraph 1(2) substitute— “(2) But see article 29(3) (acquisition of subsoil only) of the Green Hill Solar Farm Order 2026, which excludes the acquisition of subsoil only from this Schedule.”.

(9) References to the 1965 Act in the 1981 Act must be construed as references to the 1965 Act as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (and as modified by article 28 (modification of Part 1 of the Compulsory Purchase Act 1965)) to the compulsory acquisition of land under this Order.

Power to override easements and other rights

27.—(1) Any authorised activity which takes place on land within the Order limits (whether the activity is undertaken by the undertaker or by any person deriving title from the undertaker or by any contractors, servants or agents of the undertaker) is authorised by this Order if it is done in accordance with the terms of this Order, notwithstanding that it involves—

(a) an interference with an interest or right to which this article applies; or

(b) a breach of a restriction as to the user of land arising by virtue of a contract.

(2) The interests and rights to which this article applies include any easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support and include restrictions as to the user of land arising by virtue of a contract.

(3) Where an interest, right or restriction is overridden by paragraph (1), compensation—

(a) is payable under section 7 (measure of compensation in case of severance) or section 10 (further provision as to compensation for injurious affection) of the 1965 Act; and

(b) is to be assessed in the same manner and subject to the same rules as in the case of other compensation under those sections where—

(i)the compensation is to be estimated in connection with a purchase under that Act; or

(ii)the injury arises from the execution of works on or use of land acquired under that Act.

(4) Where a person deriving title under the undertaker by whom the land in question was acquired—

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(b) fails to discharge that liability, the liability is enforceable against the undertaker.

(5) Nothing in this article is to be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than such an interference or breach as is mentioned in paragraph (1).

(6) In this article “authorised activity” means—

(a) the erection, construction, maintenance or decommissioning of any part of the authorised development;

(b) the exercise of any power authorised by the Order; or

(c) the use of any land within the Order limits (including the temporary use of land).

Modification of Part 1 of the Compulsory Purchase Act 1965

28.—(1) Part 1 (compulsory acquisition under Acquisition of Land Act 1946) of the 1965 Act, as applied to this Order by section 125 (application of compulsory acquisition provisions) of the 2008 Act, is modified as follows.

(2) In section 4A(1) (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order)” substitute “section 118 (legal challenges relating to applications for orders granting development consent) of the Planning Act 2008”.

(3) In section 11A (powers of entry: further notice of entry)—

(a) in subsection (1)(a), after “land” insert “under that provision”; and

(b) in subsection (2), after “land” insert “under that provision”.

(4) In Schedule 2A (counter-notice requiring purchase of land not in notice to treat)—

(a) for paragraphs 1(2) and 14(2) substitute— “(2) But see article 29(3) (acquisition of subsoil only) of the Green Hill Solar Farm

Order 2026, which excludes the acquisition of subsoil only from this Schedule”; and

(b) after paragraph 29 insert— “PART 4 INTERPRETATION

30.. In this Schedule, references to entering on and taking possession of land do not include doing so under article 19 (protective works to buildings), article 31 (temporary use of land for constructing the authorised development) or article 32 (temporary use of land for maintaining the authorised development) of the Green Hill Solar Farm Order 2026.”.

Acquisition of subsoil only

29.—(1) The undertaker may acquire compulsorily so much of, or such rights in, the subsoil of the land referred to in paragraph (1) of article 21 (compulsory acquisition of land) or article 24 (compulsory acquisition of rights) as may be required for any purpose for which that land or rights in that land may be acquired instead of acquiring or acquiring rights in the whole of the land.

(2) Where the undertaker acquires any part of, or rights in, the subsoil of land referred to in paragraph (1), the undertaker is not required to acquire an interest in any other part of the land.

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(3) The following do not apply in connection with the exercise of the power under paragraph (1) in relation to subsoil only—

(a) Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act as modified by Schedule 10 (modification of compensation and compulsory purchase enactments for the creation of new rights and imposition of new restrictive covenants);

(b) Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration) to the 1981 Act; and

(c) section 153(4A)(51) (blighted land: proposed acquisition of part interest; material detriment test) of the 1990 Act.

(4) Paragraphs (2) and (3) do not apply where the undertaker acquires a cellar, vault, arch or other construction forming part of a house, building or factory.

Rights under or over streets

30.—(1) The undertaker may enter on, appropriate and use so much of the subsoil of or airspace over any street within the Order limits as may be required for the purposes of the authorised development and may use the subsoil or airspace for those purposes or any other purpose ancillary to the authorised development.

(2) Subject to paragraph (3), the undertaker may exercise any power conferred by paragraph (1) in relation to a street without being required to acquire any part of the street or any easement or right in the street.

(3) Paragraph (2) does not apply in relation to—

(a) any subway or underground building; or

(b) any cellar, vault, arch or other construction in, on or under a street which forms part of a building fronting onto the street.

(4) Subject to paragraph (5), any person who is an owner or occupier of land appropriated under paragraph (1) without the undertaker acquiring any part of that person’s interest in the land, and who suffers loss as a result, is entitled to compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(5) Compensation is not payable under paragraph (4) to any person who is an undertaker to whom

section 85 (sharing cost of necessary measures) of the 1991 Act applies in respect of measures of which the allowable costs are to be borne in accordance with that section.

Temporary use of land for constructing the authorised development

31.—(1) The undertaker may, in connection with the construction of the authorised development but subject to article 22 (time limit for exercise of authority to possess land temporarily or to acquire land compulsorily)—

(a) enter on and take temporary possession of—

(i)so much of the land specified in column (1) of the table in Schedule 11 (land of which temporary possession may be taken) for the purpose specified in relation to the land in column (2) of that table; and

(ii)any other Order land in respect of which no notice of entry has been served under

section 11(52) (powers of entry) of the 1965 Act and no declaration has been made under section 4(53) (execution of declaration) of the 1981 Act;

(51) Section 153(4A) was inserted by section 200(1) and (2) of the Housing and Planning Act 2016.

(52) Section 11 was amended by section 34(1) of, and paragraph 14(3) of Schedule 4 to, the Acquisition of Land Act 1981 (c. 67),

section 3 of, and Part 1 of Schedule 1 to, the Housing (Consequential Provisions) Act 1985 (c. 71), section 14 of, and paragraph 23Document Generated: 2026-10-21

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(b) remove any buildings, structures, agricultural plant and apparatus, electric lines, drainage, fences, debris and vegetation from that land;

(c) construct temporary works (including means of access), haul roads, security fencing, bridges, structures and buildings on that land;

(d) use the land for the purposes of a temporary working site with access to the working site in connection with the authorised development;

(e) construct any works on that land as are mentioned in Schedule 1 (authorised development); and

(f) carry out mitigation works on that land required under the requirements in Schedule 2

(requirements).

(2) Paragraph (1) does not authorise the undertaker to take temporary possession of—

(a) any house or garden belonging to a house; or

(b) any building (other than a house) if it is for the time being occupied.

(3) Not less than 28 days before entering on and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land.

(4) The undertaker must not, without the agreement of the owners of the land, remain in possession of any land under this article—

(a) in the case of the land referred to in paragraph (1)(a)(i) after the end of the period of one year beginning with the date of final commissioning of the part of the authorised development for which temporary possession of the land was taken; or

(b) in the case of land referred to in paragraph (1)(a)(ii) after the end of the period of one year beginning with the date of final commissioning of the part of the authorised development for which temporary possession of the land was taken unless the undertaker has, before the end of that period, served a notice of entry under section 11 of the 1965 Act or made a declaration under section 4 of the 1981 Act in relation to that land.

(5) Unless the undertaker has served notice of entry under section 11 of the 1965 Act or made a declaration under section 4 of the 1981 Act or otherwise acquired the land or rights over land subject to temporary possession the undertaker must, before giving up possession of land of which temporary possession has been taken under this article, remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but the undertaker is not required to—

(a) replace any building, structure, agricultural plant or apparatus, electric line, debris, drain or vegetation removed under this article;

(b) remove any drainage works installed by the undertaker under this article;

(c) remove any new road surface or other improvements carried out under this article to any street specified in Schedule 4 (streets subject to street works), Schedule 5 (alteration of streets) or Schedule 7 (access to works);

(d) remove any fencing or boundary treatments installed by the undertaker under this article to replace or enhance existing fencing or boundary treatments;

(e) restore the land on which any works have been carried out under paragraph (1)(f) insofar as the works relate to mitigation works identified in the environmental statement or required pursuant to the requirements in Schedule 2 (requirements);

(f) remove any protective works which have been placed on the land under article 19 (protective works to buildings); or 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), sections 186, 187 and 188 of, and paragraph 6 of Schedule 14 and paragraph 3 of Schedule 16 to, the Housing and Planning Act 2016 and S.I. 2009/1307.

(53) Section 4 as amended by sections 184 and 185 of, and paragraphs 1 and 2 of Schedule 18 to, the Housing and Planning Act

2016.

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(g) remove any measures installed over or around statutory undertakers’ apparatus to protect that apparatus from the authorised development.

(6) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of any power conferred by this article.

(7) Any dispute as to a person’s entitlement to compensation under paragraph (6), or as to the amount of the compensation, must be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(8) Subject to article 43 (no double recovery), nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the carrying out of the authorised development, other than loss or damage for which compensation is payable under paragraph (6).

(9) Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it.

(10) The undertaker must not compulsorily acquire, acquire new rights over or impose restrictive covenants over, the land referred to in paragraph (1)(a)(i) under this Order.

(11) Nothing in this article prevents the undertaker from—

(a) creating and acquiring new rights or imposing restrictions over any part of the Order land identified in Schedule 9 (land in which only new rights etc. may be acquired); or

(b) acquiring any part of the subsoil of (or rights in the subsoil of) that land under article 29 (acquisition of subsoil only) or any part of the subsoil of that land under article 30 (rights under or over streets).

(12) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.

(13) Nothing in this article prevents the taking of temporary possession more than once in relation to any land that the undertaker takes temporary possession of under this article.

Temporary use of land for maintaining the authorised development

32.—(1) Subject to paragraph (2) the undertaker may, at any time during the maintenance period relating to any part of the authorised development—

(a) enter on and take temporary possession of any land within the Order land if such possession is reasonably required for the purpose of maintaining the authorised development;

(b) enter on any land within the Order land for the purpose of gaining such access as is reasonably required for the purpose of maintaining the authorised development; and

(c) construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose.

(2) Paragraph (1) does not authorise the undertaker to take temporary possession of—

(a) any house or garden belonging to a house; or

(b) any building (other than a house) if it is for the time being occupied.

(3) Not less than 28 days before entering on and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land.

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(4) The undertaker may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance of the part of the authorised development for which possession of the land was taken.

(5) Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land.

(6) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of any power conferred by this article.

(7) Any dispute as to a person’s entitlement to compensation under paragraph (6), or as to the amount of compensation, must be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(8) Subject to article 43 (no double recovery), nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the maintenance of the authorised development, other than loss or damage for which compensation is payable under paragraph (6).

(9) Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it.

(10) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.

(11) In this article “the maintenance period” means—

(a) the period of five years beginning with the date of final commissioning of the part of the authorised development for which temporary possession is required under this article; or

(b) in relation to landscaping, such period as is set out in the landscape and ecological management plan which is approved by the relevant planning authority pursuant to requirement 7, beginning with the date on which that part of the landscaping is completed.

Statutory undertakers

33. Subject to the provisions of Schedule 15 (protective provisions) the undertaker may—

(a) acquire compulsorily, or acquire new rights or impose restrictive covenants over, the land belonging to statutory undertakers shown on the land plan (as certified by the Secretary of State in accordance with article 42) within the Order land; and

(b) extinguish the rights of, remove, relocate the rights of or reposition the apparatus belonging to statutory undertakers over or within the Order land.

Apparatus and rights of statutory undertakers in closed or restricted streets

34. Where a street is closed, altered or diverted or its use is temporarily prohibited or restricted under article 8 (street works), article 10 (power to alter layout, etc., of streets), article 11 (construction and maintenance of altered streets) or article 12 (temporary closure, restriction or prohibition of use of streets and public rights of way) any statutory undertaker whose apparatus is under, in, on, along or across the street has the same powers and rights in respect of that apparatus, subject to Schedule 15 (protective provisions), as if this Order had not been made.

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Recovery of costs of new connections

35.—(1) Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 33 (statutory undertakers) any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.

(2) Paragraph (1) does not apply in the case of the removal of a public sewer but where such a sewer is removed under article 33 (statutory undertakers), any person who is—

(a) the owner or occupier of premises the drains of which communicated with that sewer; or

(b) the owner of a private sewer which communicated with that sewer, is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the drain or sewer belonging to that person communicate with any other public sewer or with a private sewerage disposal plant.

(3) This article does not have effect in relation to apparatus to which Part 3 (street works in England and Wales) of the 1991 Act applies.

(4) In this article— “public communications provider” has the same meaning as in section 151(1) (interpretation of Chapter 1) of the Communications Act 2003; and “public utility undertaker” has the same meaning as in the 1980 Act.

PART 6 MISCELLANEOUS AND GENERAL Benefit of the Order

36.—(1) Subject to paragraph (2) and article 37 (consent to transfer the benefit of the Order), the provisions of this Order have effect solely for the benefit of the undertaker.

(2) Paragraph (1) does not apply to Work No. 4 in respect of which the provisions of this Order are for the benefit of the undertaker and National Grid.

Consent to transfer the benefit of the Order

37.—(1) Subject to paragraphs (3) and (8), the undertaker may—

(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.

(2) Where a transfer or grant has been made references in this Order to the undertaker, except in paragraph (8), are to include references to the transferee or lessee.

(3) The consent of the Secretary of State is required for the exercise of the powers of paragraph (1) except where—

(a) the transferee or lessee is the holder of a licence under section 6 (licences authorising supply etc.) of the 1989 Act; or 27Document Generated: 2026-10-21

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(b) in respect of Work No. 9, the transferee or lessee is a holding company or subsidiary of the undertaker; or

(c) the time limits for claims for compensation in respect of the acquisition of land or effects upon land under this Order have elapsed and—

(i)no such claims have been made;

(ii)any such claim has been made and has been compromised or withdrawn;

(iii)compensation has been paid in full and final settlement of any such claim;

(iv)payment of compensation into court has taken place in lieu of settlement of any such claim; or

(v)it has been determined by a tribunal or court of competent jurisdiction in respect of any such claim that no compensation is payable.

(4) Where the consent of the Secretary of State is not required, the undertaker must notify the Secretary of State in writing before transferring or granting a benefit referred to in paragraph (1).

(5) The notification referred to in paragraph (4) must state—

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

(b) subject to paragraph (6), the date on which the transfer will take effect;

(c) the powers to be transferred or granted;

(d) pursuant to paragraph (8), the restrictions, liabilities and obligations that will apply to the person exercising the powers transferred or granted; and

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

(6) The date specified under paragraph (5)(b) must not be earlier than the expiry of 10 working days from the date of the receipt of the notification.

(7) The notification given 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 notification.

(8) Where the undertaker has transferred any benefit, or for the duration of any period during which the undertaker has granted any benefit—

(a) the benefit transferred or granted (“the transferred benefit”) must include any rights that are conferred, and any obligations that are imposed, by virtue of the provisions to which the benefit relates;

(b) the transferred benefit will reside exclusively with the transferee or, as the case may be, the lessee, and the transferred benefit will not be enforceable against the undertaker; and

(c) the exercise by a person of any benefits or rights conferred in accordance with any transfer or grant is subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by the undertaker.

Application of landlord and tenant law

38.—(1) This article applies to—

(a) any agreement for leasing to any person the whole or any part of the authorised development or the right to operate the same; and

(b) any agreement entered into by the undertaker with any person for the construction, maintenance, use or operation of the authorised development, or any part of it, so far as any such agreement relates to the terms on which any land which is the subject of a lease granted by or under that agreement is to be provided for that person’s use.

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(2) No enactment or rule of law regulating the rights and obligations of landlords and tenants prejudices the operation of any agreement to which this article applies.

(3) Accordingly, no such enactment or rule of law applies in relation to the rights and obligations of the parties to any lease granted by or under any such agreement, so as to—

(a) exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter;

(b) confer or impose on any such party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease; or

(c) restrict the enforcement (whether by action for damages or otherwise) by any party to the lease of any obligation of any other party under the lease.

Operational land for the purposes of the 1990 Act

39. Development consent granted by this Order is to be treated as specific planning permission for the purposes of section 264(3)(a) (cases in which land is to be treated as not being operational land) of the 1990 Act.

Felling or lopping of trees and removal of hedgerows

40.—(1) Subject to paragraph (2) and article 41 (trees subject to tree preservation orders), the undertaker may fell or lop any tree or shrub near any part of the authorised development or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree or shrub from—

(a) obstructing or interfering with the construction, maintenance or operation of the authorised development or any apparatus used in connection with the authorised development;

(b) constituting a danger to persons using the authorised development; or

(c) obstructing or interfering with the passage of construction vehicles to the extent necessary for the purposes of constructing the authorised development.

(2) In carrying out any activity authorised by paragraph (1) the undertaker must do no unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from such activity.

(3) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, is to be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(4) The undertaker may, for the purposes of the authorised development or in connection with the authorised development and subject to paragraph (2), remove the hedgerows specified in the table in Part 1, the table in Part 2, and the table in Part 3 of Schedule 12 (hedgerows to be removed) to the extent set out in the landscape and ecological management plan approved pursuant to requirement 7 in Schedule 2 (requirements).

(5) The undertaker may not pursuant to paragraphs (1) and (4) fell or lop a tree or remove hedgerows within the extent of the publicly maintainable highway without the prior consent of the highway authority.

(6) In this article “hedgerow” has the same meaning as in the Hedgerows Regulations 1997(54).

(54) S.I. 1997/1160.

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Trees subject to tree preservation orders

41.—(1) The undertaker may, if it reasonably believes it to be necessary to do so in order to prevent the tree from obstructing or interfering with the construction, maintenance, operation or decommissioning of the authorised development or any apparatus used in connection with the authorised development, fell or lop, or cut back the roots of any tree that is subject to a tree preservation order that is within or overhanging land within the Order limits, provided the relevant tree preservation order was made after the date of this Order.

(2) In carrying out any activity authorised by paragraph (1)—

(a) the undertaker must do no unnecessary damage to any tree and must pay compensation to any person for any loss or damage arising from such activity; and

(b) the duty contained in section 206(1) (replacement of trees) of the 1990 Act does not apply.

(3) The authority given by paragraph (1) constitutes a deemed consent under the relevant tree preservation order.

(4) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, is to be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

Certification of plans and documents, etc.

42.—(1) The undertaker must, as soon as practicable after the making of this Order, submit copies of all documents and plans listed in the table in Part 1 of Schedule 13 (documents and plans to be certified) to the Secretary of State for certification that they are true copies of the documents referred to in this Order.

(2) Before submitting the documents and plans in accordance with paragraph (1), the undertaker must substitute or supplement, as the case may be, the documents listed in column 1 of the table in Part 2 of Schedule 13 with the documents listed in column 2 of that table.

(3) Before submitting the environmental statement in accordance with paragraph (1), the undertaker must substitute any figures or appendices contained therein with the final revision of that figure or appendix that was submitted by the undertaker to the Planning Inspectorate or the Secretary of State prior to the making of this Order.

(4) A plan or document so certified is admissible in any proceedings as evidence of the contents of the document of which it is a copy.

No double recovery

43. Compensation is not payable in respect of the same matter both under this Order and under any enactment, any contract or any rule of law, or under two or more different provisions of this

Order.

Arbitration

44.—(1) Subject to paragraph (2), any difference under any provision of this Order must, unless otherwise expressly provided for or agreed in writing between the undertaker and the party in question, be referred to and settled by arbitration in accordance with the rules set out in Schedule 14 (arbitration rules) of this Order.

(2) Any matter for which the consent or approval of the Secretary of State is required under any provision of this Order is not subject to arbitration.

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Protective provisions

45. Schedule 15 (protective provisions) has effect.

Service of notices

46.—(1) A notice or other document required or authorised to be served for the purposes of this

Order may be served—

(a) by post;

(b) by delivering it to the person on whom it is to be served or to whom it is to be given or supplied; or

(c) with the consent of the recipient and subject to paragraphs (5) to (8), by electronic transmission.

(2) Where the person on whom a notice or other document to be served for the purposes of this

Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.

(3) For the purposes of section 7 (references to service by post) of the Interpretation Act 1978(55) as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address and otherwise—

(a) in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and

(b) in any other case, the last known address of that person at that time of service.

(4) Where for the purpose of this Order a notice or other document is required or authorised to be served on a person as having an interest in, or as the occupier of, land and the name or address of that person cannot be ascertained after reasonable enquiry, the notice may be served by—

(a) addressing it to that person by the description of “owner”, or as the case may be “occupier” of the land (describing it); and

(b) either leaving it in the hands of the person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.

(5) Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission the requirement is to be taken to be fulfilled only where—

(a) the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission in writing or by electronic transmission;

(b) the notice or document is capable of being accessed by the recipient;

(c) the notice or document is legible in all material respects; and

(d) the notice or document is in a form sufficiently permanent to be used for subsequent reference.

(6) Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within seven days of receipt that the recipient requires a paper copy of all or any part of that notice or other document the sender must provide such a copy as soon as reasonably practicable.

(7) Any consent to the use of an electronic transmission by a person may be revoked by that person in accordance with paragraph (8).

(8) Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this Order—

(55) 1978 c. 30.

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(a) that person must give notice in writing or by electronic transmission revoking any consent given by that person for that purpose; and

(b) such revocation is final and takes effect on a date specified by the person in the notice but that date must not be less than seven days after the date on which the notice is given.

(9) This article does not exclude the employment of any method of service not expressly provided for by it.

(10) In this article, “legible in all material respects” means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served, given or supplied by means of a notice or document in printed form.

Procedure in relation to certain approvals etc.

47.—(1) Where an application is made to or request is made of a consenting authority for any consent, agreement or approval required or contemplated by any of the provisions of the Order (not including the requirements), such consent, agreement or approval to be validly given, must be given in writing.

(2) Where paragraph (1) applies to any consent, agreement or approval, such consent, agreement or approval must not be unreasonably withheld or delayed.

(3) Schedule 16 (procedure for discharge of requirements) has effect in relation to all consents, agreements or approvals required, granted, refused or withheld in relation to the requirements in Schedule 2 (requirements).

(4) Save for applications made pursuant to Schedule 16 (procedure for discharge of requirements) and where stated to the contrary if, within ten weeks (or such longer period as may be agreed between the undertaker and the relevant consenting authority in writing) after the application or request has been submitted to a consenting authority it has not notified the undertaker of its disapproval and the grounds of disapproval, it is deemed to have approved the application or request.

(5) Where any application is made as described in paragraph (1), the undertaker must include a statement in such application that refers to the timeframe for consideration of the application and the consequences of failure to meet that timeframe as prescribed by paragraph (4).

(6) Schedule 16 (procedure for discharge of requirements) does not apply in respect of any consents, agreements or approvals contemplated by the provisions of Schedule 15 (protective provisions) or any dispute under article 19(6) (protective works to buildings).

(7) In this article “consenting authority” means the relevant planning authority, highway authority, traffic authority, street authority, the owner of a watercourse, sewer or drain or the beneficiary of any of the protective provisions contained in Schedule 15 (protective provisions).

Guarantees in respect of payment of compensation

48.—(1) The undertaker must not exercise the powers conferred by the provisions referred to in paragraph (2) in relation to any part of the Order land unless it has first put in place either—

(a) a guarantee, the form and amount of which has been approved by the Secretary of State in respect of the liabilities of the undertaker to pay compensation pursuant to the provisions referred to in paragraph (2); or

(b) an alternative form of security, the form and amount of which has been approved by the Secretary of State in respect of the liabilities of the undertaker to pay compensation pursuant to the provisions referred to in paragraph (2).

(2) The provisions are—

(a) article 21 (compulsory acquisition of land);

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(b) article 24 (compulsory acquisition of rights);

(c) article 25 (private rights);

(d) article 29 (acquisition of subsoil only);

(e) article 30 (rights under or over streets)

(f) article 31 (temporary use of land for constructing the authorised development);

(g) article 32 (temporary use of land for maintaining the authorised development); and

(h) article 33 (statutory undertakers).

(3) A guarantee or alternative form of security given in respect of any liability of the undertaker to pay compensation under this Order is to be treated as enforceable against the guarantor or person providing the alternative form of security by any person to whom such compensation is payable and must be in such a form as to be capable of enforcement by such a person.

(4) Nothing in this article requires a guarantee or alternative form of security to be in place for more than 15 years after the date on which the relevant power is exercised.

Signed by authority of the Secretary of State for Energy Security and Net Zero David Wagstaff Head of Energy Infrastructure Planning 8th October 2026 Department for Energy Security and Net Zero 33Document Generated: 2026-10-21

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SCHEDULE 1 Article 3 AUTHORISED DEVELOPMENT

1. In this Schedule— “energy storage” means equipment used for the storage of electrical energy; “inverter” means electrical equipment required to convert direct current power to alternating current; “mounting structure” means a frame or rack made of galvanised steel, anodised aluminium or other material designed to support the solar modules;

“National Grid substation” means the existing 400kV substation at Grendon, Northamptonshire, owned and operated by National Grid; “solar module” means a solar photovoltaic panel or module designed to convert solar irradiance to electrical energy;

“substation” means a substation containing electrical equipment required to switch, transform, convert electricity and provide reactive power consumption; “switchgear” means a combination of electrical disconnect switches, fuses or circuit breakers used to control, protect and isolate electrical equipment; and “transformer” means a structure serving to transform electricity to a different voltage.

Authorised development

2. In the unitary areas of West Northamptonshire, North Northamptonshire and Milton Keynes a nationally significant infrastructure project as defined in sections 14 and 15 of the 2008 Act and associated development under section 115(1)(b) of the 2008 Act.

The nationally significant infrastructure project comprises all or any of the work numbers in this Schedule or any part of any work number in this Schedule— Work No. 1— a ground mounted solar photovoltaic generating station with a gross electrical output capacity of over 100 megawatts including—

(a) solar modules fitted to mounting structures;

(b) DC electrical cabling and combiner DC boxes;

(c) conversion units including inverters, transformers, switchgear, and monitoring and control systems; and

(d) electrical and communications cabling connecting Work No. 1(c) to Work Nos. 3A, 3B and 3C; and associated development within the meaning of section 115(2) of the 2008 Act comprising— Work No. 2— an energy storage facility comprising—

(a) battery energy storage system units each containing fire protection systems and components;

(b) a structure protecting the battery energy storage cells comprised in Work No. 2(a) and ancillary equipment, being either one container or multiple containers joined to each other, mounted on foundations or on piles;

(c) interconnection units including heating, ventilation and air conditioning, liquid cooling systems and temperature management either housed within the containers comprised in Work No. 2(b), attached to the side or top of each of the containers, or located separate from but near to each of the containers;

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(d) conversion units including inverters, transformers, switchgear and energy management system;

(e) monitoring and control systems housed within a container with Work No. 2(c) or located separately in its own container or control room;

(f) electrical cabling including electrical cables connecting Work No. 2 to Work No. 3A;

(g) bunded impermeable surface or other form of containment system to manage surface water drainage;

(h) water storage facility for the purposes of firefighting water supply; and

(i) bunded impermeable surface or other form of containment system and associated infrastructure to contain used firewater.

Work No. 3— works in connection with onsite substations including—

(a) Work No. 3A— a substation with works comprising—

(i) an up to 400 kV substation, with associated transformer bays, feeder bays, transformers, switchgear buildings and ancillary equipment including reactive power units;

(ii) control building or container relay rooms with associated offices, storage and welfare facilities;

(iii) monitoring and control systems for Work Nos. 1 and 3A;

(iv) maintenance compound;

(v) electrical cabling;

(vi) earthworks, including soil stripping and site levelling; and

(vii) foundations.

(b) Work No. 3B— a substation with works comprising—

(i) an up to 132 kV substation, with associated transformer bays, feeder bays, transformers, switchgear buildings and ancillary equipment including reactive power units;

(ii) control building or container relay rooms with associated offices, storage and welfare facilities;

(iii) monitoring and control systems for Work Nos. 1 and 3B;

(iv) maintenance compound;

(v) electrical cabling;

(vi) earthworks, including soil stripping and site levelling; and

(vii) foundations.

(c) Work No. 3C— a substation with works comprising—

(i) an up to 33 kV substation, with associated feeder bays, switchgear and ancillary equipment including reactive power units;

(ii) control unit or container relay unit with associated storage;

(iii) monitoring and control systems for Work Nos. 1 and 3C;

(iv) maintenance compound;

(v) electrical cabling;

(vi) earthworks, including soil stripping and site levelling; and

(vii) foundations.

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Work No. 4— works to the National Grid substation to facilitate connection of the authorised development to the National Grid including population of the substation bay—

(a) a 400 kV 3-phase 4000 A circuit breaker for control and protection of the outgoing circuit serving the authorised development;

(b) a 3-phase set of current transformers for protection of the new outgoing 400 kV feeder circuit and the overlap with the National Grid system;

(c) a 3-phase high accuracy metering current and voltage transformer assembly for commercial metering of the connection;

(d) a 3-phase 400 kV line disconnector/earth switch for isolation and earthing of the outgoing 400 kV feeder circuit;

(e) a 3-phase set of 400 kV high voltage cable sealing ends and cables connecting the National Grid substation with Work No. 5;

(f) a 3-phase power quality ready capacitor voltage transformer; and

(g) provision of a stand-alone building to house duplicate feeder protection systems, commercial metering systems, protection and control equipment and user remote control and data acquisition apparatus.

Work No. 5— works in connection with electrical cabling including—

(a) Work No. 5A— works to lay electrical cables up to 400 kV including—

(i) high voltage electrical cables connecting Work Nos. 3A and 4;

(ii) high voltage electrical cables connecting Work No. 3A to Work No. 3A;

(iii) laying down of access tracks, ramps, footpaths, roads, including the laying and construction of drainage infrastructure, signage and information boards;

(iv) joint bays, link boxes, cable ducts, cable protection, joint protection, manholes, marker posts, underground cable marker, tiles and tape, communications chambers, fibre optic cables and lighting and other works associated with cable laying;

(v) tunnelling, boring and drilling works; and

(vi) temporary construction and decommissioning laydown areas comprising—

(aa) areas of hardstanding, compacted ground or track matting;

(bb) car parking;

(cc) area to store materials and equipment;

(dd) site and welfare offices and workshops;

(ee) security infrastructure, including cameras, perimeter fencing and lighting;

(ff) safety infrastructure to manage traffic when crossing roads or other obstacles;

(gg) site drainage and waste management infrastructure (including sewerage); and

(hh) electricity, water, waste water and telecommunications connections.

(b) Work No. 5B— works to lay electrical cables up to 132 kV including—

(i) high voltage electrical cables up to 132 kV connecting Work Nos. 3A and 3B;

(ii) high voltage electrical cables up to 33 kV connecting Work Nos. 3B and 3C;

(iii) laying down of access tracks, ramps, footpaths, roads, including the laying and construction of drainage infrastructure, signage and information boards;

(iv) joint bays, link boxes, cable ducts, cable protection, joint protection, manholes, marker posts, underground cable marker, tiles and tape, communications chambers, fibre optic cables and lighting and other works associated with cable laying;

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(v) tunnelling, boring and drilling works; and

(vi) temporary construction and decommissioning laydown areas comprising—

(aa) areas of hardstanding, compacted ground or track matting;

(bb) car parking;

(cc) area to store materials and equipment;

(dd) site and welfare offices and workshops;

(ee) security infrastructure, including cameras, perimeter fencing and lighting;

(ff) safety infrastructure to manage traffic when crossing roads or other obstacles;

(gg) site drainage and waste management infrastructure (including sewerage); and

(hh) electricity, water, waste water and telecommunications connections.

Work No. 6— works including—

(a) fencing, gates, boundary treatment and other means of enclosure;

(b) works for the provision of security and monitoring measures including CCTV columns, lighting columns and lighting, cameras, weather stations, communication infrastructure, and perimeter fencing;

(c) landscaping and biodiversity mitigation and enhancement measures including planting;

(d) improvement, maintenance and use of existing private tracks;

(e) laying down of internal access tracks, ramps, bridges, means of access and footpaths;

(f) temporary footpath diversions, signage and information boards;

(g) earthworks;

(h) sustainable drainage system ponds, runoff outfalls, general drainage and irrigation infrastructure and improvements or extensions to existing drainage and irrigation systems;

(i) acoustic barriers;

(j) electricity and telecommunications connections; and

(k) secondary temporary construction and decommissioning laydown areas.

Work No. 7— temporary construction and decommissioning laydown areas comprising—

(a) areas of hardstanding;

(b) car parking;

(c) site and welfare offices and workshops;

(d) security infrastructure, including cameras, perimeter fencing and lighting;

(e) area to store materials and equipment;

(f) site drainage and waste management infrastructure (including sewerage); and

(g) electricity, water, waste water and telecommunications connections.

Work No. 8— works to facilitate access to Work Nos. 1 to 7 and 9 to 10 including—

(a) Work No. 8A— works to facilitate temporary construction, maintenance and decommissioning access to Work Nos. 1 to 7 and 9 to 10 including—

(i) creation of accesses from the public highway;

(ii) creation of visibility splays;

(iii) works to alter the layout of any street or highway temporarily; and 37Document Generated: 2026-10-21

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(iv) offsite works adjacent to highways land including those to structures, boundary features, drainage features on private land, in connection with the movement of abnormal indivisible loads.

(b) Work No. 8B— works to facilitate permanent access to Work Nos. 1 to 6 and 9 to 10 including—

(i) creation of accesses from the public highway;

(ii) creation of visibility splays;

(iii) works to alter the layout of any street or highway permanently; and

(iv) offsite works adjacent to highways land including those to structures, boundary features, drainage features on private land, in connection with the movement of abnormal indivisible loads.

Work No. 9— works to create and maintain habitat management areas, including—

(a) fencing, gates, boundary treatment and other means of enclosure;

(b) signs, interpretation boards or any other information display board;

(c) earth works including bunds, embankments, ponds, trenching and swales;

(d) landscaping and biodiversity mitigation and enhancement measures including planting;

(e) means of access; and

(f) drainage.

Work No. 10— creation of permissive paths including—

(a) Work No. 10A— creation of permissive paths for the exclusive use of pedestrian users comprising—

(i) ramps, bridges and other means of access;

(ii) fencing, gates, boundary treatment and other means of enclosure;

(iii) signs, interpretation boards or any other information display board; and

(iv) landscaping and biodiversity mitigation and enhancement measures including planting.

(b) Work No. 10B— creation of permissive paths for the exclusive use of pedestrian and equestrian users comprising—

(i) ramps, bridges and other means of access;

(ii) fencing, gates, boundary treatment and other means of enclosure;

(iii) signs, interpretation boards or any other information display board; and

(iv) landscaping and biodiversity mitigation and enhancement measures including planting.

(c) Work No. 10C— creation of permissive paths for the exclusive use of pedestrian, cycle and equestrian users comprising—

(i) ramps, bridges and other means of access;

(ii) fencing, gates, boundary treatment and other means of enclosure;

(iii) signs, interpretation boards or any other information display board; and

(iv) landscaping and biodiversity mitigation and enhancement measures including planting.

In connection with and in addition to Work Nos. 1 to 10 further associated development within the

Order limits including— 38Document Generated: 2026-10-21

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(a) fencing, gates, boundary treatment and other means of enclosure;

(b) bunds, embankments, trenching and swales;

(c) works to the existing irrigation system and works to alter the position and extent of such irrigation system;

(d) surface water drainage systems, storm water attenuation systems including storage basins, oil water separators, including channelling and culverting and works to existing drainage networks;

(e) electrical, gas, water, foul water drainage and telecommunications infrastructure connections, diversions and works to, and works to alter the position of, such services and utilities connections;

(f) works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses;

(g) ramps, bridges and other means of access;

(h) works for the provision of security and monitoring measures such as CCTV columns, lighting columns and lighting, cameras, lightning protection masts, weather stations, storage containers, communication infrastructure, and perimeter fencing;

(i) improvement, maintenance and use of existing private tracks;

(j) temporary footpath diversions and footpath enhancement;

(k) signs, interpretation boards or any other information display board;

(l) landscaping and biodiversity mitigation and enhancement measures and related works;

(m) habitat creation and enhancement;

(n) site establishments and preparation works including site clearance (including vegetation removal, demolition of existing buildings and structures); earthworks (including soil stripping and storage and site levelling) and excavations; the alteration of the position of services and utilities; and works for the protection of buildings and land;

(o) works to maintain and repair streets and access roads;

(p) tunnelling, boring and drilling works; and

(q) other works to mitigate any adverse effects of the construction, maintenance, operation or decommissioning of the authorised development, and further associated development comprising such other works or operations as may be necessary or expedient for the purposes of or in connection with the construction, operation and maintenance of the authorised development but only within the Order limits and which fall within the scope of the environmental impact assessment recorded in the environmental statement.

SCHEDULE 2 Article 3 REQUIREMENTS Interpretation

1. In this Schedule, “relevant planning authority” means West Northamptonshire Council, North Northamptonshire Council and Milton Keynes City Council, as applicable, and “relevant planning authorities” is to be construed accordingly.

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Commencement of the authorised development

2.—(1) The authorised development must commence no later than the expiration of five years beginning with the date this Order comes into force.

(2) No part of the authorised development may commence until a written scheme setting out the phase or phases of construction of the authorised development has been submitted to the relevant planning authorities.

(3) The written scheme submitted pursuant to sub-paragraph (2) must include a timetable for the construction of the phase or phases of the authorised development and a plan identifying the phasing areas.

(4) The undertaker must notify the relevant planning authority within fourteen days of the date of final commissioning for a part or parts of the authorised development that the final commissioning of that part or parts has taken place.

Approved details and amendments to them

3.—(1) The undertaker may submit any amendments to any approved document to the relevant planning authority for approval and, following approval, the relevant approved document is to be taken to include the amendments approved under this paragraph.

(2) The relevant planning authority must not approve any amendments under sub-paragraph (1) to any approved document unless it has been demonstrated to the satisfaction of the relevant planning authority that the subject matter of the approval sought is unlikely to give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

(3) In this paragraph, “approved document” means any document certified under article 42 (certification of plans and documents, etc.) and any plans, details or schemes which have been approved pursuant to any requirement.

Community liaison group

4.—(1) Prior to the commencement of the authorised development the undertaker must submit to the relevant planning authorities for approval the terms of reference for a community liaison group whose aim is to facilitate liaison between representatives of people living in the vicinity of the Order limits and other relevant organisations in relation to the construction of the authorised development.

(2) The community liaison group must be established prior to commencement of the authorised development and must be administered by the undertaker and operated in accordance with the approved terms of reference.

(3) The community liaison group is to continue to meet until the date of final commissioning of the authorised development unless otherwise agreed with the relevant planning authorities.

Detailed design approval

5.—(1) No part of Work Nos. 1, 2 or 3 may commence until details of—

(a) the layout;

(b) scale;

(c) proposed finished ground levels;

(d) external appearance;

(e) hard surfacing materials; and

(f) vehicular and pedestrian access, parking and circulation areas, 40Document Generated: 2026-10-21

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(2) The details submitted must accord with the concept design parameters and principles.

(3) The authorised development must be carried out in accordance with the approved details.

(4) Work No. 5 must be carried out in accordance with the concept design parameters and principles.

Battery safety management

6.—(1) Work No. 2 must not commence until a battery storage safety management plan has been submitted to and approved by the relevant planning authority.

(2) The battery storage safety management plan must be substantially in accordance with the outline battery storage safety management plan.

(3) The relevant planning authority must consult with Northamptonshire Fire and Rescue Service and the Environment Agency before determining an application for approval of the battery storage safety management plan.

(4) The battery storage safety management plan must be implemented as approved.

Landscape and ecological management plan

7.—(1) No part of the authorised development may commence until a written landscape and ecological management plan has been submitted to and approved by the relevant planning authority for that part or, where the part falls within the administrative areas of multiple relevant planning authorities, each of the relevant planning authorities in consultation with the relevant statutory nature conservation body.

(2) The landscape and ecological management plan must be substantially in accordance with the outline landscape and ecological management plan.

(3) The landscape and ecological management plan must be implemented as approved.

Ecological protection and mitigation strategy

8.—(1) No part of the authorised development may commence until a written ecological protection and mitigation strategy has been submitted to and approved by the relevant planning authority for that part or, where the part falls within the administrative areas of multiple relevant planning authorities, each of the relevant planning authorities in consultation with the relevant statutory nature conservation body.

(2) The ecological protection and mitigation strategy must be substantially in accordance with the outline ecological protection and mitigation strategy.

(3) The ecological protection and mitigation strategy must be implemented as approved.

Biodiversity net gain

9.—(1) No part of the authorised development may commence until a biodiversity net gain strategy for that part has been submitted to and approved by the relevant planning authority for that part, or where a part falls within the administrative areas of multiple planning authorities each of the relevant planning authorities, in consultation with the relevant statutory nature conservation body.

(2) The biodiversity net gain strategy must include details of how the strategy will secure a minimum of 47% biodiversity net gain in habitat units, a minimum of 10% biodiversity net gain in hedgerow units and a minimum of 10% biodiversity net gain in river units for the authorised development during the operation of the authorised development, calculated using the Department of Environment, Food and Rural Affairs’ Statutory Biodiversity Metric (February 2024), or other 41Document Generated: 2026-10-21

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(3) The biodiversity net gain strategy must be substantially in accordance with the outline landscape and ecological management plan and must be implemented as approved.

Fencing and other means of enclosure

10.—(1) No part of the authorised development may commence until written details of all proposed temporary fences, walls or other means of enclosure, including those set out in the construction environmental management plan, for that part have been submitted to and approved by the relevant planning authority or, where the part falls within the administrative areas of multiple relevant planning authorities, each of the relevant planning authorities.

(2) No part of the authorised development may commence until written details of all permanent fences, walls or other means of enclosure for that part have been submitted to and approved by the relevant planning authority or, where the part falls within the administrative areas of multiple relevant planning authorities, each of the relevant planning authorities.

(3) The written details provided under sub-paragraph (2) must be substantially in accordance with the relevant concept design parameters and principles.

(4) Any construction site must remain securely fenced in accordance with the approved details under sub-paragraph (1) or (2) at all times during construction of the authorised development.

(5) Any temporary fencing must be removed on completion of the part of construction of the authorised development for which it was used.

(6) Any approved permanent fencing for a part of the authorised development must be completed before the date of final commissioning in respect of that part.

Surface and foul water drainage

11.—(1) No part of the authorised development may commence until written details of the surface water drainage scheme and (if any) foul water drainage system for that part have been submitted to and approved by the relevant planning authority for that part, or where a part falls within the administrative areas of multiple planning authorities each of the relevant planning authorities.

(2) The written details under sub-paragraph (1) must be substantially in accordance with the outline drainage strategy.

(3) Before approving the written details under sub-paragraph (1), the relevant planning authority must consult with the lead local flood authority, Environment Agency and Anglian Water Services Limited or its successor in function as the relevant water undertaker.

(4) Any approved scheme must be implemented as approved.

Archaeology

12.—(1) The authorised development must not be commenced until the undertaker has carried

out the programme of evaluative archaeological investigation in the written scheme of investigation: archaeological trenching.

(2) No part of the authorised development may be commenced until a written scheme of investigation for archaeological mitigation for that part has been submitted to and approved by the relevant planning authority or, where the part falls within the administrative areas of multiple planning authorities, each of the relevant planning authorities.

(3) Any written scheme of investigation for archaeological mitigation submitted under sub- paragraph (2) must be substantially in accordance with the archaeological mitigation strategy and 42Document Generated: 2026-10-21

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(4) Any written scheme of investigation approved under sub-paragraph (2) must be implemented as approved.

Construction environmental management plan

13.—(1) No part of the authorised development may commence until a construction environmental management plan for that part has been submitted to and approved by the relevant planning authority or, where the part falls within the administrative areas of multiple relevant planning authorities, each of the relevant planning authorities.

(2) The construction environmental management plan must be substantially in accordance with the outline construction environmental management plan.

(3) Before approving the construction environmental management plan the relevant planning authority must consult with the Environment Agency.

(4) All construction works associated with the authorised development must be carried out in accordance with the approved construction environmental management plan.

Operational environmental management plan

14.—(1) Prior to the date of final commissioning for any part of the authorised development, an operational environmental management plan for that part must be submitted to and approved by the relevant planning authority or, where the part falls within the administrative areas of multiple relevant planning authorities, each of the relevant planning authorities.

(2) The operational environmental management plan must be substantially in accordance with the outline operational environmental management plan.

(3) Before approving the operational environmental management plan the relevant planning authority must consult with the Environment Agency.

(4) The operational environmental management plan must be implemented as approved.

Construction traffic management plan

15.—(1) No part of the authorised development may commence until a construction traffic management plan for that part has been submitted to and approved by the relevant planning authority or, where the part falls within the administrative areas of multiple relevant planning authorities, each of the relevant planning authorities

(2) The construction traffic management plan must be substantially in accordance with the outline construction traffic management plan.

(3) Before approving the construction traffic management plan the relevant planning authority must consult with the relevant highway authority.

(4) All construction works associated with the authorised development must be carried out in accordance with the approved construction traffic management plan.

Operational traffic management plan

16.—(1) Prior to the date of final commissioning of the authorised development, an operational traffic management plan must be submitted to and approved by the relevant planning authority or, where the part falls within the administrative areas of multiple relevant planning authorities, each of the relevant planning authorities.

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(2) The operational traffic management plan must be substantially in accordance with the outline operational traffic management plan.

(3) Before approving the operational traffic management plan the relevant planning authority must consult with the relevant highway authority.

(4) The operational traffic management plan must be implemented as approved.

Operational noise

17.—(1) No part of Work Nos. 1, 2 or 3 may commence until an operational noise management plan containing details of how the design of that numbered work has incorporated the operational mitigation measures set out in the outline operational environmental management plan for that part has been submitted to and approved by the relevant planning authority or, where the part falls within the administrative areas of multiple planning authorities, each of the relevant planning authorities.

(2) The operational noise management plan must be implemented as approved.

Public rights of way and permissive paths

18.—(1) No part of the authorised development may commence until a public rights of way and permissive paths management plan for that part has been submitted to and approved by the relevant planning authority or, where the part falls within the administrative areas of multiple relevant planning authorities, each of the relevant planning authorities.

(2) The public rights of way and permissive paths management plan must be substantially in accordance with the outline public rights of way management plan.

(3) Before approving the public rights of way and permissive paths management plan the relevant planning authority shall consult with the relevant highway authority.

(4) The public rights of way and permissive paths management plan must be implemented as approved.

(5) The permission for the public to make use of any permissive path listed within the public rights of way and permissive paths management plan ceases on the date of decommissioning for that part of the authorised development.

Soil management

19.—(1) No part of the authorised development may commence until a soil management plan for that part has been submitted to and approved by the relevant planning authority or, where the part falls within the administrative areas of multiple planning authorities, each of the relevant planning authorities.

(2) Any soil management plan submitted in accordance with this paragraph must be substantially in accordance with the outline soil management plan as relevant to the activities to which it relates.

(3) The soil management plan must be implemented as approved.

Skills, supply chain and employment

20.—(1) No part of the authorised development may commence until a skills, supply chain and employment plan in relation to that part has been submitted to and approved by the relevant planning authority for that part or, where the part falls within the administrative areas of multiple planning authorities, each of the relevant planning authorities.

(2) The skills, supply chain and employment plan must be substantially in accordance with the outline skills, supply chain and employment plan.

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(3) Any plan under this paragraph must identify opportunities for individuals and businesses to access employment and supply chain opportunities associated with that part of the authorised development and the means for publicising such opportunities.

(4) The skills, supply chain and employment plan must be implemented as approved.

Decommissioning and restoration

21.—(1) The date of decommissioning for each part of the authorised development must be no later than 60 years following the date of final commissioning.

(2) Unless otherwise agreed with the relevant planning authority, no later than 12 months prior to the date the undertaker intends to decommission any part of the authorised development, the undertaker must notify the relevant planning authority of the intended date of decommissioning for that part of the authorised development.

(3) Unless otherwise agreed with the relevant planning authority, no later than ten weeks prior to the intended date of decommissioning of any part of the authorised development notified pursuant to sub-paragraph (2), the undertaker must submit to the relevant planning authority for that part a decommissioning plan for approval.

(4) Where the undertaker decides to decommission a part of the authorised development that falls within the administrative areas of multiple planning authorities, the decommissioning plan must be submitted to each relevant planning authority and the approval of all relevant planning authorities is required for the purposes of this paragraph.

(5) The decommissioning plan must be substantially in accordance with the outline decommissioning statement and must include a timetable for its implementation.

(6) No decommissioning works must be carried out until the relevant planning authority has approved the decommissioning plan submitted in relation to those works, in consultation with the Environment Agency and the relevant highway authority.

(7) The decommissioning plan must be implemented as approved.

(8) Within 28 days of any part of the authorised development permanently ceasing to generate electricity on a commercial basis, the undertaker must notify the relevant planning authority or, where the part falls within the administrative areas of multiple relevant planning authorities, each of the relevant planning authorities, in writing of the date of decommissioning for that part.

(9) This requirement is without prejudice to any other consents or permissions that may be required to decommission any part of the authorised development.

SCHEDULE 3 Article 6 LEGISLATION TO BE DISAPPLIED

1. The following provisions do not apply insofar as they relate to the construction of any numbered work or the carrying out of any operation required for the purpose of, or in connection with, the construction, operation, maintenance or decommissioning of the authorised development—

(a) London and Birmingham Railway (Northampton and Peterborough Branch) Act 1843(56);

(b) London and North-western Railway (Newport Pagnell, Olney and Wellingborough Branch) Act 1847(57);

(56) 1843 c. lxiv.

(57) 1847 c. cvii.

45Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

(c) The Nene Valley Drainage and Navigation Improvement Act 1852(58) and any byelaws made thereunder;

(d) The Nene Valley Drainage and Navigation Improvement (Amendment) Act 1854(59);

(e) The Nene Valley Act 1862(60);

(f) The Newport Pagnell Railway (Extension) Act 1866(61);

(g) The Gas and Water Orders Confirmation Act 1879(62);

(h) The Wellingborough and District Tramroads Act 1889(63);

(i) The Gas Orders Confirmation (No. 2) Act 1890(64);

(j) The Wellingborough and District Tramroads Act 1890(65);

(k) The Mid-Northamptonshire Water Board Confirmation (Special Procedure) Act 1949(66);

(l) The Great Ouse Water Act 1961(67); and

(m) The Anglian Water Authority Act 1977(68).

SCHEDULE 4 Article 8 STREETS SUBJECT TO STREET WORKS

(1) (2) (3) Area Street Extent of the street works District of West Broughton Road Between reference points 1a Northamptonshire and 1e and shaded purple on sheet 1 of the streets plan District of West Private track from Broughton Between reference points 1b Northamptonshire Road and 2a and shaded purple and outlined in yellow on sheets 1 and 2 of the streets plan District of West Newland Road Walgrave Between reference points 1c Northamptonshire and 1f and shaded purple on sheet 1 of the streets plan District of West Broughton Road Between reference points 1d Northamptonshire and 1e and shaded purple on sheet 1 of the streets plan

(58) 1852 c. cxxviii.

(59) 1854 c. lxxxii.

(60) 1862 c. clxiv.

(61) 1866 c. cccliv.

(62) 1879 c. clix.

(63) 1889 c. ccxii.

(64) 1890 c. xcix.

(65) 1890 c. ccxiv.

(66) 1949 c. ix.

(67) 1961 c. xlii.

(68) 1977 c. i.

46Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

District of West Broughton Road Between reference points 1e Northamptonshire and 1f and shaded purple on sheet 1 of the streets plan District of West Broughton Road Between reference points 1g Northamptonshire and 1h and shaded purple on sheet 1 of the streets plan District of West Private track from Broughton Between reference points 1h Northamptonshire Road and 1m and shaded purple and outlined in yellow on sheet 1 of the streets plan District of West Newland Road Walgrave Between reference points 1i and Northamptonshire 1j and shaded purple on sheet 1 of the streets plan District of West Private track from Newland Between reference points 1k Northamptonshire Road and 1l and shaded purple and outlined in yellow on sheet 1 of the streets plan District of West Newland Road Walgrave Between reference points 1n Northamptonshire and 1o and shaded purple on sheet 1 of the streets plan District of West Kettering Road Walgrave Between reference points 2b Northamptonshire and 3b and shaded purple on sheets 2 and 3 of the streets plan District of West Private track from Kettering Between reference points 2c Northamptonshire Road and 3a and shaded purple and outlined in yellow on sheets 2 and 3 of the streets plan District of West Red House Lane Hannington Between reference points 3c Northamptonshire and 3e and shaded purple on sheet 3 of the streets plan District of West Private track from Kettering Between reference points 3f Northamptonshire Road and 3g and shaded purple and outlined in yellow on sheet 3 of the streets plan District of West Private track Between reference points 3h Northamptonshire and 3i and shaded purple and outlined in yellow on sheet 3 of the streets plan District of North Private track Between reference points 3j Northamptonshire and 3k and shaded purple and outlined in yellow on sheet 3 of the streets plan District of North Kettering Road (A43) Between reference points 4a Northamptonshire and 5a and shaded purple on sheets 4 and 5 of the streets plan 47Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

District of North Private track from Kettering Between reference points 4b Northamptonshire Road (A43) to rifle range and 4d and shaded purple and outlined in yellow on sheet 4 of the streets plan District of North Private track from Kettering Between reference points 4c Northamptonshire Road (A43) and 4e and shaded purple and outlined in yellow on sheet 4 of the streets plan District of West Private track from Sywell Road Between reference points 5b Northamptonshire and 6b and shaded purple and outlined in yellow on sheets 5 and 6 of the streets plan District of West Kettering Road (A43) Between reference points 5c Northamptonshire and 5d and shaded purple on sheet 5 of the streets plan District of West Sywell Road Holcot Between reference points 6a Northamptonshire and 6c and shaded purple on sheet 6 of the streets plan District of West Private track from Sywell Road Between reference points 6b Northamptonshire to Tithe Farm and 6i and shaded purple and outlined in yellow on sheet 6 of the streets plan District of West Private track, Tithe Farm Between reference points 6d Northamptonshire and 6e and shaded purple and outlined in yellow on sheet 6 of the streets plan District of West Private track from Sywell Road Between reference points 6f Northamptonshire to Tithe Farm and 6j and shaded purple and outlined in yellow on sheet 6 of the streets plan District of West Private track from Moulton Between reference points 6g Northamptonshire Road to Tithe Farm and 6k and shaded purple and outlined in yellow on sheet 6 of the streets plan District of West Private track from Moulton Between reference points 6k Northamptonshire Road to Tithe Farm and 6h and shaded purple and outlined in yellow on sheet 6 of the streets plan District of North Private track from Sywell Road Between reference points 7a Northamptonshire to solar farm and 7d and shaded purple and outlined in yellow on sheet 7 of the streets plan District of North Private track west of solar farm Between reference points 7b Northamptonshire and 7c and shaded purple and outlined in yellow on sheet 7 of the streets plan 48Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

District of North Wellingborough Road Between reference points 7e Northamptonshire and 7g and shaded purple on sheet 7 of the streets plan District of North Moonshine Gap Between reference points 7f Northamptonshire and 7g and shaded purple on sheet 7 of the streets plan District of North Highfield Road Between reference points 7g Northamptonshire and 8a and shaded purple on sheets 7 and 8 of the streets plan District of North Private track from Wilby Road Between reference points 8b Northamptonshire to The Grange and 8c and shaded purple and outlined in yellow on sheet 8 of the streets plan District of North Wilby Road Between reference points 8d Northamptonshire and 8e and shaded purple on sheet 8 of the streets plan District of North Mears Ashby Road Between reference points 8e Northamptonshire and 8j and shaded purple on sheet 8 of the streets plan District of North Private track south of Mears Between reference points 8f Northamptonshire Ashby Road and 8g and shaded purple and outlined in yellow on sheet 8 of the streets plan District of North Private track north of Mears Between reference points 8h Northamptonshire Ashby Road and 8i and shaded purple and outlined in yellow on sheet 8 of the streets plan District of North Private track from Between reference points 8k Northamptonshire Wellingborough Road to field and 10a and shaded purple and barn outlined in yellow on sheets 8 and 10 of the streets plan District of North Private track from Between reference points 8l Northamptonshire Wellingborough Road and 9b and shaded purple and outlined in yellow on sheets 8 and 9 of the streets plan District of North Mears Ashby Road Between reference points 8m Northamptonshire and 9h and shaded purple on sheets 8 and 9 of the streets plan District of North Private track from Ward’s Barn Between reference points 9a Northamptonshire and 9c and shaded purple and outlined in yellow on sheet 9 of the streets plan District of North Private track from Mears Ashby Between reference points 9d Northamptonshire Road to Ward’s Barn and 9e and shaded purple and outlined in yellow on sheet 9 of the streets plan 49Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

District of North Private track south of Ward’s Between reference points 9f Northamptonshire Barn and 9g and shaded purple and outlined in yellow on sheet 9 of the streets plan District of North Main Road (A4500) Between reference points 10b Northamptonshire and 10c and shaded purple on sheet 10 of the streets plan District of North Main Road (A4500) Between reference points 10c Northamptonshire and 10f and shaded purple on sheet 10 of the streets plan District of North Main Road (A4500) Between reference points 10c Northamptonshire and 10e and shaded purple on sheet 10 of the streets plan District of North Main Road (A4500) Between reference points 10e Northamptonshire and 10g and shaded purple on sheet 10 of the streets plan District of North Private track near Doddington Between reference points 10h Northamptonshire Barn and 10i and shaded purple and outlined in yellow on sheet 10 of the streets plan District of North Doddington Road, Earls Barton Between reference points 11a Northamptonshire (B573) and 11b and shaded purple on sheet 11 of the streets plan District of North Nene Valley Way (A45) Between reference points 11c Northamptonshire and 11d and shaded purple on sheet 11 of the streets plan District of North Private track, Mill Lane Between reference points 11g Northamptonshire and 11i and shaded purple and outlined in yellow on sheet 11 of the streets plan District of North Private track, Mill Lane Between reference points 11h Northamptonshire and 11n and shaded purple and outlined in yellow on sheet 11 of the streets plan District of North Dowthorpe Hill Between reference points 11k Northamptonshire and 11l and shaded purple on sheet 11 of the streets plan District of North Private track from Mill Lane to Between reference points 11m Northamptonshire Glebe Farm and 11n and shaded purple and outlined in yellow on sheet 11 of the streets plan District of North Private track, Mill Lane Between reference points 11n Northamptonshire and 11j and shaded purple and outlined in yellow on sheet 11 of the streets plan 50Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

District of North Private track from Station Between reference points 12a Northamptonshire Road, north of A45 and 12b and shaded purple and outlined in yellow on sheet 12 of the streets plan District of North Station Road Between reference points 12c Northamptonshire and 12d and shaded purple on sheet 12 of the streets plan District of North Nene Valley Way (A45) Between reference points 12e Northamptonshire and 12f and shaded purple on sheet 12 of the streets plan District of North Nene Valley Way (A45) Between reference points 12g Northamptonshire and 12h and shaded purple on sheet 12 of the streets plan District of North Grendon Road Between reference points 12i Northamptonshire and 12n and shaded purple on sheet 12 of the streets plan District of North Private track from Grendon Between reference points 12j Northamptonshire Road to Earls Barton Spinney and 12k and shaded purple and Quarry outlined in yellow on sheet 12 of the streets plan District of North Nene Valley Way (A45) Between reference points 12l Northamptonshire and 12m and shaded purple on sheet 12 of the streets plan District of North Station Road Between reference points 12n Northamptonshire and 13e and shaded purple on sheets 12 and 13 of the streets plan District of North Nene Valley Way (A45) Between reference points 12o Northamptonshire and 12n and shaded purple on sheet 12 of the streets plan District of North Private tracks at substation Between reference points 12p, Northamptonshire 12q, 12r, 12s, 12t and 13c and shaded purple and outlined in yellow on sheets 12 and 13 of the streets plan District of North Whiston Road Between reference points 12u Northamptonshire and 12v and shaded purple on sheet 12 of the streets plan District of North Private track from Station Road Between reference points 12w Northamptonshire to Pastures Farm and 13a and shaded purple and outlined in yellow on sheets 12 and 13 of the streets plan District of North Private track from Station Road Between reference points 12x Northamptonshire to quarry and 12y and shaded purple and outlined in yellow on sheet 12 of the streets plan 51Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

District of North Private track from Station Road Between reference points 13b Northamptonshire to substation and 13d and shaded purple and outlined in yellow on sheet 13 of the streets plan District of North Private track from Yardley Between reference points 14a Northamptonshire Road and 14b and shaded purple and outlined in yellow on sheet 14 of the streets plan District of West Grendon Road Between reference points 14b Northamptonshire and 14d and shaded purple on sheet 14 of the streets plan District of North Yardley Road Between reference points 14b Northamptonshire and 14c and shaded purple on sheet 14 of the streets plan District of North Easton Way Between reference points 14e Northamptonshire and 14i and shaded purple on sheet 14 of the streets plan District of North Private track from Easton Way Between reference points 14f Northamptonshire and 15i and shaded purple and outlined in yellow on sheets 14 and 15 of the streets plan District of North Private track from Easton Way Between reference points 14g Northamptonshire and 14h and shaded purple and outlined in yellow on sheet 14 of the streets plan District of North Yardley Road Between reference points 14i Northamptonshire and 14k and shaded purple on sheet 14 of the streets plan District of North Grendon Road Between reference points 14i Northamptonshire and 14j and shaded purple on sheet 14 of the streets plan District of North Private track west of Easton Between reference points 14l Northamptonshire Maudit and 14m and shaded purple and outlined in yellow on sheet 14 of the streets plan District of North London Road (A509) Between reference points 15a Northamptonshire and 15b and shaded purple on sheet 15 of the streets plan District of North Private track from London Between reference points 15c Northamptonshire Road (A509) and 15d and shaded purple and outlined in yellow on sheet 15 of the streets plan District of North Wollaston Road Between reference points 15e Northamptonshire and 15f and shaded purple on sheet 15 of the streets plan 52Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

District of North Private track south of disused Between reference points 15g Northamptonshire quarry and 15h and shaded purple and outlined in yellow on sheet 15 of the streets plan District of North Easton Lane Between reference points 15j Northamptonshire and 16a and shaded purple on sheets 15 and 16 of the streets plan District of North Private track from Easton Lane Between reference points 15k Northamptonshire to Low Farm and 16b and shaded purple and outlined in yellow on sheets 15 and 16 of the streets plan District of North London Road (A509) Between reference points 16c Northamptonshire and 16d and shaded purple on sheet 16 of the streets plan District of North Private track from Oakfield to Between reference points 16e Northamptonshire Horn Wood and 16f and shaded purple and outlined in yellow on sheet 16 of the streets plan District of North Private track around perimeter Between reference points 16f Northamptonshire of Horn Wood and 16h and shaded purple and outlined in yellow on sheet 16 of the streets plan District of North Private track along northwest of Between reference points 16f Northamptonshire Horn Wood and 16g and shaded purple and outlined in yellow on sheet 16 of the streets plan District of North Private track from London Between reference points 16i Northamptonshire Road (A509) to Horn Wood and 16l and shaded purple and outlined in yellow on sheet 16 of the streets plan District of North Private track to Low Farm Between reference points 16j Northamptonshire and 16m and shaded purple and outlined in yellow on sheet 16 of the streets plan District of North Private track west of London Between reference points 16j Northamptonshire Road (A509) and 16k and shaded purple and outlined in yellow on sheet 16 of the streets plan District of North Private track around perimeter Between reference points 16n Northamptonshire of Horn Wood and 16o and shaded purple and outlined in yellow on sheet 16 of the streets plan District of North Private track west of Easton Between reference points 17a Northamptonshire Lodge Farm and 17b and shaded purple and 53Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. outlined in yellow on sheet 17 of the streets plan Borough of Milton Keynes London Road (A509) Between reference points 17c and 18a and shaded purple on sheets 17 and 18 of the streets plan Borough of Milton Keynes Private track from Between reference points 17d Northampton Road (A428) to and 18g and shaded purple and Northey Farm outlined in yellow on sheets 17 and 18 of the streets plan Borough of Milton Keynes Private track from Northey Between reference points 17e Farm and 18b and shaded purple and outlined in yellow on sheets 17 and 18 of the streets plan Borough of Milton Keynes Private track west along Between reference points 17f western edge of Threeshire and 18e and shaded purple and Wood outlined in yellow on sheets 17 and 18 of the streets plan Borough of Milton Keynes Private track west along Between reference points 18c southern edge of Threeshire and 18d and shaded purple and Wood outlined in yellow on sheet 18 of the streets plan Borough of Milton Keynes Northampton Road (A428) Between reference points 18f and 18h and shaded purple on sheet 18 of the streets plan SCHEDULE 5 Article 10 and Article 11 ALTERATION OF STREETS PART 1 PERMANENT ALTERATION OF LAYOUT

(1) (2) (3) Area Street Description of alteration District of West Broughton Road Permanent alteration of layout Northamptonshire between reference points 1a and 1e and shaded purple on sheet 1 of the streets plan District of West Private track from Broughton Permanent alteration of layout Northamptonshire Road between reference points 1b and 2a and shaded purple and 54Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. outlined in yellow on sheets 1 and 2 of the streets plan District of West Newland Road Walgrave Permanent alteration of layout Northamptonshire between reference points 1c and 1f and shaded purple on sheet 1 of the streets plan District of West Broughton Road Permanent alteration of layout Northamptonshire between reference points 1d and 1e and shaded purple on sheet 1 of the streets plan District of West Broughton Road Permanent alteration of layout Northamptonshire between reference points 1e and 1f and shaded purple on sheet 1 of the streets plan District of West Broughton Road Permanent alteration of layout Northamptonshire between reference points 1g and 1h and shaded purple on sheet 1 of the streets plan District of West Private track from Broughton Permanent alteration of layout Northamptonshire Road between reference points 1h and 1m and shaded purple and outlined in yellow on sheet 1 of the streets plan District of West Newland Road Walgrave Permanent alteration of layout Northamptonshire between reference points 1i and 1j and shaded purple on sheet 1 of the streets plan District of West Private track from Newland Permanent alteration of layout Northamptonshire Road between reference points 1k and 1l and shaded purple and outlined in yellow on sheet 1 of the streets plan District of West Newland Road Walgrave Permanent alteration of layout Northamptonshire between reference points 1n and 1o and shaded purple on sheet 1 of the streets plan District of West Kettering Road Walgrave Permanent alteration of layout Northamptonshire between reference points 2b and 3b and shaded purple on sheets 2 and 3 of the streets plan District of West Private track from Kettering Permanent alteration of layout Northamptonshire Road between reference points 2c and 3a and shaded purple and outlined in yellow on sheets 2 and 3 of the streets plan District of West Private track Permanent alteration of layout Northamptonshire between reference points 3h 55Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. and 3i and shaded purple and outlined in yellow on sheet 3 of the streets plan District of West Private track Permanent alteration of layout Northamptonshire between reference points 3j and 3k and shaded purple and outlined in yellow on sheet 3 of the streets plan District of West Sywell Road Holcot Permanent alteration of layout Northamptonshire between reference points 6a and 6c and shaded purple on sheet 6 of the streets plan District of West Private track from Sywell Road Permanent alteration of layout Northamptonshire to Tithe Farm between reference points 6b and 6i and shaded purple and outlined in yellow on sheet 6 of the streets plan District of West Private track, Tithe Farm Permanent alteration of layout Northamptonshire between reference points 6d and 6e and shaded purple and outlined in yellow on sheet 6 of the streets plan District of West Private track from Sywell Road Permanent alteration of layout Northamptonshire to Tithe Farm between reference points 6f and 6j and shaded purple and outlined in yellow on sheet 6 of the streets plan District of West Private track from Moulton Permanent alteration of layout Northamptonshire Road to Tithe Farm between reference points 6k and 6h and shaded purple and outlined in yellow on sheet 6 of the streets plan District of North Private track from Sywell Road Permanent alteration of layout Northamptonshire to solar farm between reference points 7a and 7d and shaded purple and outlined in yellow on sheet 7 of the streets plan District of North Private track west of solar farm Permanent alteration of layout Northamptonshire between reference points 7b and 7c and shaded purple and outlined in yellow on sheet 7 of the streets plan District of North Wellingborough Road Permanent alteration of layout Northamptonshire between reference points 7e and 7g and shaded purple on sheet 7 of the streets plan 56Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

District of North Moonshine Gap Permanent alteration of layout Northamptonshire between reference points 7f and 7g and shaded purple on sheet 7 of the streets plan District of North Highfield Road Permanent alteration of layout Northamptonshire between reference points 7g and 8a and shaded purple on sheets 7 and 8 of the streets plan District of North Private track from Wilby Road Permanent alteration of layout Northamptonshire to The Grange between reference points 8b and 8c and shaded purple and outlined in yellow on sheet 8 of the streets plan District of North Wilby Road Permanent alteration of layout Northamptonshire between reference points 8d and 8e and shaded purple on sheet 8 of the streets plan District of North Private track from Permanent alteration of layout Northamptonshire Wellingborough Road to field between reference points 8k barn and 10a and shaded purple and outlined in yellow on sheets 8 and 10 of the streets plan District of North Private track from Permanent alteration of layout Northamptonshire Wellingborough Road between reference points 8l and 9b and shaded purple and outlined in yellow on sheets 8 and 9 of the streets plan District of North Mears Ashby Road Permanent alteration of layout Northamptonshire between reference points 8m and 9h and shaded purple on sheets 8 and 9 of the streets plan District of North Private track from Ward’s Barn Permanent alteration of layout Northamptonshire between reference points 9a and 9c and shaded purple and outlined in yellow on sheet 9 of the streets plan District of North Private track from Mears Ashby Permanent alteration of layout Northamptonshire Road to Ward’s Barn between reference points 9d and 9e and shaded purple and outlined in yellow on sheet 9 of the streets plan District of North Private track south of Ward’s Permanent alteration of layout Northamptonshire Barn between reference points 9f and 9g and shaded purple and outlined in yellow on sheet 9 of the streets plan 57Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

District of North Private tracks at substation Permanent alteration of layout Northamptonshire between reference points 12p, 12q, 12r, 12s, 12t and 13c and shaded purple and outlined in yellow on sheets 12 and 13 of the streets plan District of North Whiston Road Permanent alteration of layout Northamptonshire between reference points 12u and 12v and shaded purple on sheet 12 of the streets plan District of North Private track from Station Road Permanent alteration of layout Northamptonshire to Pastures Farm between reference points 12w and 13a and shaded purple and outlined in yellow on sheets 12 and 13 of the streets plan District of North Private track from Station Road Permanent alteration of layout Northamptonshire to substation between reference points 13b and 13d and shaded purple and outlined in yellow on sheet 13 of the streets plan District of North Easton Way Permanent alteration of layout Northamptonshire between reference points 14e and 14i and shaded purple on sheet 14 of the streets plan District of North Private track from Easton Way Permanent alteration of layout Northamptonshire between reference points 14f and 15i and shaded purple and outlined in yellow on sheet 14 of the streets plan District of North Private track from Easton Way Permanent alteration of layout Northamptonshire between reference points 14g and 14h and shaded purple and outlined in yellow on sheet 14 of the streets plan District of North Grendon Road Permanent alteration of layout Northamptonshire between reference points 14i and 14j and shaded purple on sheet 14 of the streets plan District of North Private track west of Easton Permanent alteration of layout Northamptonshire Maudit between reference points 14l and 14m and shaded purple and outlined in yellow on sheet 14 of the streets plan District of North London Road (A509) Permanent alteration of layout Northamptonshire between reference points 15a and 15b and shaded purple on sheet 15 of the streets plan 58Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

District of North Private track from London Permanent alteration of layout Northamptonshire Road (A509) between reference points 15c and 15d and shaded purple and outlined in yellow on sheet 15 of the streets plan District of North Private track south of disused Permanent alteration of layout Northamptonshire quarry between reference points 15g and 15h and shaded purple and outlined in yellow on sheet 15 of the streets plan District of North Easton Lane Permanent alteration of layout Northamptonshire between reference points 15j and 16a and shaded purple on sheets 15 and 16 of the streets plan District of North Private track from Easton Lane Permanent alteration of layout Northamptonshire to Low Farm between reference points 15k and 16b and shaded purple and outlined in yellow on sheets 15 and 16 of the streets plan District of North Private track from Oakfield to Permanent alteration of layout Northamptonshire Horn Wood between reference points 16e and 16f and shaded purple and outlined in yellow on sheet 16 of the streets plan District of North Private track around perimeter Permanent alteration of layout Northamptonshire of Horn Wood between reference points 16f and 16h and shaded purple and outlined in yellow on sheet 16 of the streets plan District of North Private track along northwest of Permanent alteration of layout Northamptonshire Horn Wood between reference points 16f and 16g and shaded purple and outlined in yellow on sheet 16 of the streets plan District of North Private track from London Permanent alteration of layout Northamptonshire Road (A509) to Horn Wood between reference points 16i and 16l and shaded purple and outlined in yellow on sheet 16 of the streets plan District of North Private track to Low Farm Permanent alteration of layout Northamptonshire between reference points 16j and 16m and shaded purple and outlined in yellow on sheet 16 of the streets plan District of North Private track around perimeter Permanent alteration of layout Northamptonshire of Horn Wood between reference points 16n and 16o and shaded purple and 59Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. outlined in yellow on sheet 16 of the streets plan District of North Private track west of London Permanent alteration of layout Northamptonshire Road (A509) between reference points 16j and 16k and shaded purple and outlined in yellow on sheet 16 of the streets plan Borough of Milton Keynes Private track from Permanent alteration of layout Northampton Road (A428) to between reference points 17d Northey Farm and 18g and shaded purple and outlined in yellow on sheets 17 and 18 of the streets plan Borough of Milton Keynes Private track from Northey Permanent alteration of layout Farm between reference points 17e and 18b and shaded purple and outlined in yellow on sheets 17 and 18 of the streets plan Borough of Milton Keynes Private track west along Permanent alteration of layout western edge of Threeshire between reference points 17f Wood and 18e and shaded purple and outlined in yellow on sheets 17 and 18 of the streets plan Borough of Milton Keynes Private track west along Permanent alteration of layout southern edge of Threeshire between reference points 18c Wood and 18d and shaded purple and outlined in yellow on sheet 18 of the streets plan Borough of Milton Keynes Northampton Road (A428) Permanent alteration of layout between reference points 18f and 18h and shaded purple on sheet 18 of the streets plan PART 2 TEMPORARY ALTERATION OF LAYOUT

(1) (2) (3) Area Street Description of alteration District of West Red House Lane Hannington Temporary alteration of layout Northamptonshire between reference points 3c and 3e and shaded purple on sheet 3 of the streets plan District of West Private track from Kettering Temporary alteration of layout Northamptonshire Road between reference points 3f and 3g and shaded purple and 60Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. outlined in yellow on sheet 3 of the streets plan District of North Kettering Road (A43) Temporary alteration of layout Northamptonshire between reference points 4a and 5a and shaded purple on sheets 4 and 5 of the streets plan District of North Private track from Kettering Temporary alteration of layout Northamptonshire Road (A43) to rifle range between reference points 4b and 4d and shaded purple and outlined in yellow on sheet 4 of the streets plan District of North Private track from Kettering Temporary alteration of layout Northamptonshire Road (A43) between reference points 4c and 4e and shaded purple and outlined in yellow on sheet 4 of the streets plan District of West Private track from Sywell Road Temporary alteration of layout Northamptonshire between reference points 5b and 6b and shaded purple and outlined in yellow on sheet 5 of the streets plan District of North Mears Ashby Road Temporary alteration of layout Northamptonshire between reference points 8e and 8j and shaded purple on sheet 8 of the streets plan District of North Private track south of Mears Temporary alteration of layout Northamptonshire Ashby Road between reference points 8f and 8g and shaded purple and outlined in yellow on sheet 8 of the streets plan District of North Private track north of Mears Temporary alteration of layout Northamptonshire Ashby Road between reference points 8h and 8i and shaded purple and outlined in yellow on sheet 8 of the streets plan District of North Main Road (A4500) Temporary alteration of layout Northamptonshire between reference points 10b and 10c and shaded purple on sheet 10 of the streets plan District of North Private track near Doddington Temporary alteration of layout Northamptonshire Barn between reference points 10h and 10i and shaded purple and outlined in yellow on sheet 10 of the streets plan District of North Doddington Road, Earls Barton Temporary alteration of layout Northamptonshire (B573) between reference points 11a 61Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. and 11b and shaded purple on sheet 11 of the streets plan District of North Nene Valley Way (A45) Temporary alteration of layout Northamptonshire between reference points 11c and 11d and shaded purple on sheet 11 of the streets plan District of North Private track, Mill Lane Temporary alteration of layout Northamptonshire between reference points 11g and 11i and shaded purple and outlined in yellow on sheet 11 of the streets plan District of North Private track, Mill Lane Temporary alteration of layout Northamptonshire between reference points 11h and 11n and shaded purple and outlined in yellow on sheet 11 of the streets plan District of North Dowthorpe Hill Temporary alteration of layout Northamptonshire between reference points 11k and 11l and shaded purple on sheet 11 of the streets plan District of North Private track from Mill Lane to Temporary alteration of layout Northamptonshire Glebe Farm between reference points 11m and 11n and shaded purple and outlined in yellow on sheet 11 of the streets plan District of North Private track, Mill Lane Temporary alteration of layout Northamptonshire between reference points 11n and 11j and shaded purple and outlined in yellow on sheet 11 of the streets plan District of North Private track from Station Temporary alteration of layout Northamptonshire Road, north of A45 between reference points 12a and 12b and shaded purple and outlined in yellow on sheet 12 of the streets plan District of North Station Road Temporary alteration of layout Northamptonshire between reference points 12c and 12d and shaded purple on sheet 12 of the streets plan District of North Grendon Road Temporary alteration of layout Northamptonshire between reference points 12i and 12n and shaded purple on sheet 12 of the streets plan District of North Private track from Grendon Temporary alteration of layout Northamptonshire Road to Earls Barton Spinney between reference points 12j Quarry and 12k and shaded purple and 62Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. outlined in yellow on sheet 12 of the streets plan District of North Nene Valley Way (A45) Temporary alteration of layout Northamptonshire between reference points 12l and 12m and shaded purple on sheet 12 of the streets plan District of North Station Road Temporary alteration of layout Northamptonshire between reference points 12n and 13e and shaded purple on sheets 12 and 13 of the streets plan District of North Nene Valley Way (A45) Temporary alteration of layout Northamptonshire between reference points 12o and 12n and shaded purple on sheet 12 of the streets plan District of North Private track from Station Road Temporary alteration of layout Northamptonshire to quarry between reference points 12x and 12y and shaded purple and outlined in yellow on sheet 12 of the streets plan District of North Private track from Yardley Temporary alteration of layout Northamptonshire Road between reference points 14a and 14b and shaded purple and outlined in yellow on sheet 14 of the streets plan District of West Grendon Road Temporary alteration of layout Northamptonshire between reference points 14b and 14d and shaded purple on sheet 14 of the streets plan District of North Yardley Road Temporary alteration of layout Northamptonshire between reference points 14b and 14c and shaded purple on sheet 14 of the streets plan District of North Yardley Road Temporary alteration of layout Northamptonshire between reference points 14i and 14k and shaded purple on sheet 14 of the streets plan District of North London Road (A509) Temporary alteration of layout Northamptonshire between reference points 16c and 16d and shaded purple on sheet 16 of the streets plan District of North Private track west of Easton Temporary alteration of layout Northamptonshire Lodge Farm between reference points 17a and 17b and shaded purple and outlined in yellow on sheet 17 of the streets plan 63Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Borough of Milton Keynes London Road (A509) Temporary alteration of layout between reference points 17c and 18a and shaded purple on sheet 17 of the streets plan SCHEDULE 6 Article 12 STREETS AND PUBLIC RIGHTS OF WAY PART 1 STREETS TO BE TEMPORARILY CLOSED

(1) (2) (3) Area Street Measure District of West Approximately 476m of Temporarily closed to all traffic Northamptonshire Broughton Road as shown save for traffic under the between points 1a and 1e and direction of the undertaker shaded green on sheet 1 of the streets plan District of West Approximately 1079m of Temporarily closed to all traffic Northamptonshire Private track from Broughton save for traffic under the Road as shown between points direction of the undertaker 1b and 2a and shaded green and outlined in yellow on sheets 1 and 2 of the streets plan District of West Approximately 35m of Temporarily closed to all traffic Northamptonshire Newland Road Walgrave as save for traffic under the shown between points 1c and 1f direction of the undertaker and shaded green on sheet 1 of the streets plan District of West Approximately 94m of Temporarily closed to all traffic Northamptonshire Broughton Road as shown save for traffic under the between points 1d and 1e and direction of the undertaker shaded green on sheet 1 of the streets plan District of West Approximately 37m of Temporarily closed to all traffic Northamptonshire Broughton Road as shown save for traffic under the between points 1e and 1f and direction of the undertaker shaded green on sheet 1 of the streets plan District of West Approximately 902m of Temporarily closed to all traffic Northamptonshire Broughton Road as shown save for traffic under the between points 1g and 1h and direction of the undertaker 64Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. shaded green on sheet 1 of the streets plan District of West Approximately 202m of Private Temporarily closed to all traffic Northamptonshire track from Broughton Road save for traffic under the as shown between points 1h direction of the undertaker and 1m and shaded green and outlined in yellow on sheet 1 of the streets plan District of West Approximately 545m of Temporarily closed to all traffic Northamptonshire Newland Road Walgrave as save for traffic under the shown between points 1i and 1j direction of the undertaker and shaded green on sheet 1 of the streets plan District of West Approximately 1046m of Temporarily closed to all traffic Northamptonshire Private track from Newland save for traffic under the Road as shown between points direction of the undertaker 1k and 1l and shaded green and outlined in yellow on sheet 1 of the streets plan District of West Approximately 9m of Newland Temporarily closed to all traffic Northamptonshire Road Walgrave as shown save for traffic under the between points 1n and 1o and direction of the undertaker shaded purple on sheet 1 of the streets plan District of West Approximately 1596m of Temporarily closed to all traffic Northamptonshire Kettering Road Walgrave as save for traffic under the shown between points 2b and direction of the undertaker 3b and shaded green on sheets 2 and 3 of the streets plan District of West Approximately 454m of Private Temporarily closed to all traffic Northamptonshire track from Kettering Road as save for traffic under the shown between points 2c and 3a direction of the undertaker and shaded green and outlined in yellow on sheets 2 and 3 of the streets plan District of West Approximately 747m of Red Temporarily closed to all traffic Northamptonshire House Lane Hannington as save for traffic under the shown between points 3c and 3e direction of the undertaker and shaded green on sheet 3 of the streets plan District of West Approximately 177m of Private Temporarily closed to all traffic Northamptonshire track from Kettering Road as save for traffic under the shown between points 3f and 3g direction of the undertaker and shaded green and outlined in yellow on sheet 3 of the streets plan 65Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

District of West Approximately 63m of Private Temporarily closed to all traffic Northamptonshire track as shown between points save for traffic under the 3h and 3i and shaded green and direction of the undertaker outlined in yellow on sheet 3 of the streets plan District of West Approximately 34m of Private Temporarily closed to all traffic Northamptonshire track as shown between points save for traffic under the 3j and 3k and shaded green and direction of the undertaker outlined in yellow on sheet 3 of the streets plan District of North Approximately 661m of Temporarily closed to all traffic Northamptonshire Kettering Road (A43) as shown save for traffic under the between points 4a and 5a and direction of the undertaker shaded green on sheets 4 and 5 of the streets plan District of North Approximately 128m of Private Temporarily closed to all traffic Northamptonshire track from Kettering Road save for traffic under the

(A43) to rifle range as shown direction of the undertaker between points 4b and 4d and shaded green and outlined in yellow on sheet 4 of the streets plan District of North Approximately 143m of Private Temporarily closed to all traffic Northamptonshire track from Kettering Road save for traffic under the

(A43) as shown between points direction of the undertaker 4c and 4e and shaded green and outlined in yellow on sheet 4 of the streets plan District of West Approximately 762m of Private Temporarily closed to all traffic Northamptonshire track from Sywell Road as save for traffic under the shown between points 5b and direction of the undertaker 6b and shaded green and outlined in yellow on sheets 5 and 6 of the streets plan District of West Approximately 503m of Sywell Temporarily closed to all traffic Northamptonshire Road Holcot as shown between save for traffic under the points 6a and 6c and shaded direction of the undertaker green on sheet 6 of the streets plan District of West Approximately 417m of Private Temporarily closed to all traffic Northamptonshire track from Sywell Road to Tithe save for traffic under the Farm as shown between points direction of the undertaker 6b and 6i and shaded green and outlined in yellow on sheet 6 of the streets plan District of West Approximately 79m of Private Temporarily closed to all traffic Northamptonshire track, Tithe Farm as shown save for traffic under the between points 6d and 6e and direction of the undertaker 66Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. shaded green and outlined in yellow on sheet 6 of the streets plan District of West Approximately 395m of Private Temporarily closed to all traffic Northamptonshire track from Sywell Road to Tithe save for traffic under the Farm as shown between points direction of the undertaker 6f and 6j and shaded green and outlined in yellow on sheet 6 of the streets plan District of West Approximately 253m of Private Temporarily closed to all traffic Northamptonshire track from Moulton Road to save for traffic under the Tithe Farm as shown between direction of the undertaker points 6k and 6h and shaded green and outlined in yellow on sheet 6 of the streets plan District of North Approximately 931m of Private Temporarily closed to all traffic Northamptonshire track from Sywell Road to solar save for traffic under the farm as shown between points direction of the undertaker 7a and 7d and shaded green and outlined in yellow on sheet 7 of the streets plan District of North Approximately 259m of Private Temporarily closed to all traffic Northamptonshire track west of solar farm as save for traffic under the shown between points 7b and direction of the undertaker 7c and shaded green and outlined in yellow on sheet 7 of the streets plan District of North Approximately 1551m of Temporarily closed to all traffic Northamptonshire Wellingborough Road as shown save for traffic under the between points 7e and 7g and direction of the undertaker shaded green on sheet 7 of the streets plan District of North Approximately 246m of Temporarily closed to all traffic Northamptonshire Moonshine Gap as shown save for traffic under the between points 7f and 7g and direction of the undertaker shaded green on sheet 7 of the streets plan District of North Approximately 1685m of Temporarily closed to all traffic Northamptonshire Highfield Road as shown save for traffic under the between points 7g and 8a and direction of the undertaker shaded green on sheets 7 and 8 of the streets plan District of North Approximately 1317m of Temporarily closed to all traffic Northamptonshire Private track from Wilby Road save for traffic under the to The Grange as shown direction of the undertaker between points 8b and 8c and shaded green and outlined in 67Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. yellow on sheet 8 of the streets plan District of North Approximately 1020m of Temporarily closed to all traffic Northamptonshire Wilby Road as shown between save for traffic under the points 8d and 8e and shaded direction of the undertaker green on sheet 8 of the streets plan District of North Approximately 631m of Mears Temporarily closed to all traffic Northamptonshire Ashby Road as shown between save for traffic under the points 8e and 8j and shaded direction of the undertaker green on sheet 8 of the streets plan District of North Approximately 6m of Private Temporarily closed to all traffic Northamptonshire track south of Mears Ashby save for traffic under the Road as shown between points direction of the undertaker 8f and 8g and shaded green and outlined in yellow on sheet 8 of the streets plan District of North Approximately 9m of Private Temporarily closed to all traffic Northamptonshire track north of Mears Ashby save for traffic under the Road as shown between points direction of the undertaker 8h and 8i and shaded green and outlined in yellow on sheet 8 of the streets plan District of North Approximately 1328m of Temporarily closed to all traffic Northamptonshire Private track from save for traffic under the Wellingborough Road to field direction of the undertaker barn as shown between points 8k and 10a and shaded green and outlined in yellow on sheets 8 and 10 of the streets plan District of North Approximately 1238m of Temporarily closed to all traffic Northamptonshire Private track from save for traffic under the Wellingborough Road as shown direction of the undertaker between points 8l and 9b and shaded green and outlined in yellow on sheets 8 and 9 of the streets plan District of North Approximately 902m of Mears Temporarily closed to all traffic Northamptonshire Ashby Road as shown between save for traffic under the points 8m and 9h and shaded direction of the undertaker green on sheets 8 and 9 of the streets plan District of North Approximately 322m of Private Temporarily closed to all traffic Northamptonshire track from Ward’s Barn as save for traffic under the shown between points 9a and 9c direction of the undertaker and shaded green and outlined 68Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. in yellow on sheet 9 of the streets plan District of North Approximately 221m of Private Temporarily closed to all traffic Northamptonshire track from Mears Ashby Road save for traffic under the to Ward’s Barn as shown direction of the undertaker between points 9d and 9e and shaded green and outlined in yellow on sheet 9 of the streets plan District of North Approximately 487m of Private Temporarily closed to all traffic Northamptonshire track south of Ward’s Barn as save for traffic under the shown between points 9f and 9g direction of the undertaker and shaded green and outlined in yellow on sheet 9 of the streets plan District of North Approximately 169m of Main Temporarily closed to all traffic Northamptonshire Road (A4500) as shown save for traffic under the between points 10b and 10c and direction of the undertaker shaded green on sheet 10 of the streets plan District of North Approximately 50m of Private Temporarily closed to all traffic Northamptonshire track near Doddington Barn save for traffic under the as shown between points 10h direction of the undertaker and 10i and shaded green and outlined in yellow on sheet 10 of the streets plan District of North Approximately 944m of Temporarily closed to all traffic Northamptonshire Doddington Road, Earls Barton save for traffic under the

(B573) as shown between direction of the undertaker points 11a and 11b and shaded green on sheet 11 of the streets plan District of North Approximately 24m of Nene Temporarily closed to all traffic Northamptonshire Valley Way (A45) as shown save for traffic under the between points 11c and 11d and direction of the undertaker shaded green on sheet 11 of the streets plan District of North Approximately 20m of Private Temporarily closed to all traffic Northamptonshire track, Mill Lane as shown save for traffic under the between points 11g and 11i and direction of the undertaker shaded green and outlined in yellow on sheet 11 of the streets plan District of North Approximately 2m of Private Temporarily closed to all traffic Northamptonshire track, Mill Lane as shown save for traffic under the between points 11j and 11n and direction of the undertaker shaded green and outlined in 69Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. yellow on sheet 11 of the streets plan District of North Approximately 571m of Private Temporarily closed to all traffic Northamptonshire track, Mill Lane as shown save for traffic under the between points 11h and 11n and direction of the undertaker shaded green and outlined in yellow on sheet 11 of the streets plan District of North Approximately 9m of Temporarily closed to all traffic Northamptonshire Dowthorpe Hill as shown save for traffic under the between points 11k and 11l and direction of the undertaker shaded green on sheet 11 of the streets plan District of North Approximately 600m of Private Temporarily closed to all traffic Northamptonshire track from Mill Lane to Glebe save for traffic under the Farm as shown between points direction of the undertaker 11m and 11n and shaded green and outlined in yellow on sheet 11 of the streets plan District of North Approximately 194m of Private Temporarily closed to all traffic Northamptonshire track from Station Road, north save for traffic under the of A45 as shown between direction of the undertaker points 12a and 12b and shaded green and outlined in yellow on sheet 12 of the streets plan District of North Approximately 47m of Station Temporarily closed to all traffic Northamptonshire Road as shown between points save for traffic under the 12c and 12d and shaded green direction of the undertaker on sheet 12 of the streets plan District of North Approximately 341m of Temporarily closed to all traffic Northamptonshire Grendon Road as shown save for traffic under the between points 12i and 12n and direction of the undertaker shaded green on sheet 12 of the streets plan District of North Approximately 17m of Private Temporarily closed to all traffic Northamptonshire track from Grendon Road to save for traffic under the Earls Barton Spinney Quarry direction of the undertaker as shown between points 12j and 12k and shaded green and outlined in yellow on sheet 12 of the streets plan District of North Approximately 19m of Nene Temporarily closed to all traffic Northamptonshire Valley Way (A45) as shown save for traffic under the between points 12l and 12m and direction of the undertaker shaded green on sheet 12 of the streets plan 70Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

District of North Approximately 3139m of Temporarily closed to all traffic Northamptonshire Station Road as shown between save for traffic under the points 12n and 13e and shaded direction of the undertaker green on sheet 12 of the streets plan District of North Approximately 20m of Nene Temporarily closed to all traffic Northamptonshire Valley Way (A45) as shown save for traffic under the between points 12o and 12n and direction of the undertaker shaded green on sheet 12 of the streets plan District of North Approximately 2467m of Temporarily closed to all traffic Northamptonshire Private tracks at substation as save for traffic under the shown between points 12p, 12q, direction of the undertaker 12r, 12s, 12t and 13c and shaded green and outlined in yellow on sheets 12 and 13 of the streets plan District of North Approximately 101m of Temporarily closed to all traffic Northamptonshire Whiston Road as shown save for traffic under the between points 12u and 12v and direction of the undertaker shaded green on sheet 12 of the streets plan District of North Approximately 85m of Private Temporarily closed to all traffic Northamptonshire track from Station Road to save for traffic under the Pastures Farm as shown direction of the undertaker between points 12w and 13a and shaded green and outlined in yellow on sheets 12 and 13 of the streets plan District of North Approximately 120m of Private Temporarily closed to all traffic Northamptonshire track from Station Road to save for traffic under the quarry as shown between points direction of the undertaker 12x and 12y and shaded green and outlined in yellow on sheet 12 of the streets plan District of North Approximately 431m of Private Temporarily closed to all traffic Northamptonshire track from Station Road to save for traffic under the substation as shown between direction of the undertaker points 13b and 13d and shaded green and outlined in yellow on sheet 13 of the streets plan District of North Approximately 533m of Private Temporarily closed to all traffic Northamptonshire track from Yardley Road as save for traffic under the shown between points 14a and direction of the undertaker 14b and shaded green and outlined in yellow on sheet 14 of the streets plan 71Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

District of North Approximately 254m of Temporarily closed to all traffic Northamptonshire Yardley Road as shown save for traffic under the between points 14b and 14c and direction of the undertaker shaded green on sheet 14 of the streets plan District of West Approximately 268m of Temporarily closed to all traffic Northamptonshire Grendon Road as shown save for traffic under the between points 14b and 14d and direction of the undertaker shaded green on sheet 14 of the streets plan District of North Approximately 536m of Easton Temporarily closed to all traffic Northamptonshire Way as shown between points save for traffic under the 14e and 14i and shaded green direction of the undertaker on sheet 14 of the streets plan District of North Approximately 820m of Private Temporarily closed to all traffic Northamptonshire track from Easton Way as save for traffic under the shown between points 14f and direction of the undertaker 15i and shaded green and outlined in yellow on sheets 14 and 15 of the streets plan District of North Approximately 177m of Private Temporarily closed to all traffic Northamptonshire track from Easton Way as save for traffic under the shown between points 14g and direction of the undertaker 14h and shaded green and outlined in yellow on sheet 14 of the streets plan District of North Approximately 244m of Temporarily closed to all traffic Northamptonshire Grendon Road as shown save for traffic under the between points 14i and 14j and direction of the undertaker shaded green on sheet 14 of the streets plan District of North Approximately 163m of Temporarily closed to all traffic Northamptonshire Yardley Road as shown save for traffic under the between points 14i and 14k and direction of the undertaker shaded green on sheet 14 of the streets plan District of North Approximately 54m of Private Temporarily closed to all traffic Northamptonshire track west of Easton Maudit save for traffic under the as shown between points 14l direction of the undertaker and 14m and shaded green and outlined in yellow on sheet 14 of the streets plan District of North Approximately 547m of Temporarily closed to all traffic Northamptonshire London Road (A509) as shown save for traffic under the between points 15a and 15b and direction of the undertaker shaded green on sheet 15 of the streets plan 72Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

District of North Approximately 417m of Private Temporarily closed to all traffic Northamptonshire track from London Road save for traffic under the

(A509) as shown between direction of the undertaker points 15c and 15d and shaded green and outlined in yellow on sheet 15 of the streets plan District of North Approximately 375m of Private Temporarily closed to all traffic Northamptonshire track south of disused quarry save for traffic under the as shown between points 15g direction of the undertaker and 15h and shaded green and outlined in yellow on sheet 15 of the streets plan District of North Approximately 487m of Easton Temporarily closed to all traffic Northamptonshire Lane as shown between points save for traffic under the 15j and 16a and shaded green direction of the undertaker on sheets 15 and 16 of the streets plan District of North Approximately 329m of Private Temporarily closed to all traffic Northamptonshire track from Easton Lane to Low save for traffic under the Farm as shown between points direction of the undertaker 15k and 16b and shaded green and outlined in yellow on sheets 15 and 16 of the streets plan District of North Approximately 509m of Temporarily closed to all traffic Northamptonshire London Road (A509) as shown save for traffic under the between points 16c and 16d and direction of the undertaker shaded green on sheet 16 of the streets plan District of North Approximately 406m of Private Temporarily closed to all traffic Northamptonshire track from Oakfield to Horn save for traffic under the Wood as shown between points direction of the undertaker 16e and 16f and shaded green and outlined in yellow on sheet 16 of the streets plan District of North Approximately 32m of Private Temporarily closed to all traffic Northamptonshire track around perimeter of Horn save for traffic under the Wood as shown between points direction of the undertaker 16f and 16h and shaded green and outlined in yellow on sheet 16 of the streets plan District of North Approximately 319m of Private Temporarily closed to all traffic Northamptonshire track along northwest of Horn save for traffic under the Wood as shown between points direction of the undertaker 16f and 16g and shaded green and outlined in yellow on sheet 16 of the streets plan 73Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

District of North Approximately 349m of Private Temporarily closed to all traffic Northamptonshire track from London Road save for traffic under the

(A509) to Horn Wood as shown direction of the undertaker between points 16i and 16l and shaded green and outlined in yellow on sheet 16 of the streets plan District of North Approximately 20m of Private Temporarily closed to all traffic Northamptonshire track to Low Farm as shown save for traffic under the between points 16j and 16m and direction of the undertaker shaded green and outlined in yellow on sheet 16 of the streets plan District of North Approximately 177m of Private Temporarily closed to all traffic Northamptonshire track west of London Road save for traffic under the

(A509) as shown between direction of the undertaker points 16j and 16k and shaded green and outlined in yellow on sheet 16 of the streets plan District of Northamptonshire Approximately 837m of Private Temporarily closed to all traffic track as shown between points save for traffic under the 16n and 16o and shaded green direction of the undertaker and outlined in yellow on sheet 16 of the streets plan District of North Approximately 140m of Private Temporarily closed to all traffic Northamptonshire track west of Easton Lodge save for traffic under the Farm as shown between points direction of the undertaker 17a and 17b and shaded green and outlined in yellow on sheet 17 of the streets plan Borough of Milton Keynes Approximately 1438m of Temporarily closed to all traffic London Road (A509) as shown save for traffic under the between points 17c and 18a and direction of the undertaker shaded green on sheet 17 of the streets plan Borough of Milton Keynes Approximately 2593m of Temporarily closed to all traffic Private track from save for traffic under the Northampton Road (A428) direction of the undertaker to Northey Farm as shown between points 17d and 18g and shaded green and outlined in yellow on sheets 17 and 18 of the streets plan Borough of Milton Keynes Approximately 917m of Private Temporarily closed to all traffic track from Northey Farm as save for traffic under the shown between points 17e and direction of the undertaker 18b and shaded green and outlined in yellow on sheets 17 and 18 of the streets plan 74Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Borough of Milton Keynes Approximately 860m of Private Temporarily closed to all traffic track west along western edge save for traffic under the of Threeshire Wood as shown direction of the undertaker between points 17f and 18e and shaded green and outlined in yellow on sheets 17 and 18 of the streets plan Borough of Milton Keynes Approximately 248m of Private Temporarily closed to all traffic track west along southern edge save for traffic under the of Threeshire Wood as shown direction of the undertaker between points 18c and 18d and shaded green and outlined in yellow on sheet 18 of the streets plan Borough of Milton Keynes Approximately 1283m of Temporarily closed to all traffic Northampton Road (A428) as save for traffic under the shown between points 18f and direction of the undertaker 18h and shaded green on sheet 18 of the streets plan PART 2 PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED

(1) (2) (3) Area Public right of way Measures District of West Approximately 52 m of Temporarily closed along Northamptonshire Footpath reference NN“DT”8 the route shown in yellow between points marked 3a/i and and labelled NN“DT”8 to 3a/ii on sheet 3 of the public facilitate the construction and rights of way plan maintenance of the authorised development District of West Approximately 7 m of Footpath Temporarily closed along Northamptonshire reference NN“DT”8 between the route shown in yellow points marked 3b/i and 3b/ii on and labelled NN“DT”8 to sheet 3 of the public rights of facilitate the construction and way plan maintenance of the authorised development District of West Approximately 68 m of Temporarily closed along Northamptonshire Bridleway reference NN“CT”3 the route shown in green between points marked 3c/i and and labelled NN“CT”3 to 3c/ii on sheet 3 of the public facilitate the construction and rights of way plan maintenance of the authorised development District of West Approximately 34m of Temporarily closed along Northamptonshire Bridleway reference NN“CT”3 the route shown in green between points marked 3d/i and and labelled NN“CT”3 to 75Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

3d/ii on sheet 3 of the public facilitate the construction and rights of way plan maintenance of the authorised development District of West Approximately 63 m of Temporarily closed along Northamptonshire Footpath reference NN“CT”6 the route shown in yellow between points marked 4a/i and and labelled NN“CT”6 to 4a/ii on sheet 4 of the public facilitate the construction and rights of way plan maintenance of the authorised development District of West Approximately 66 m of Temporarily closed along Northamptonshire Bridleway reference NN“CT”5 the route shown in green between points marked 4b/i and and labelled NN“CT”5 to 4b/ii on sheet 4 of the public facilitate the construction and rights of way plan maintenance of the authorised development District of North Approximately 575 m of Temporarily closed along the Northamptonshire Bridleway reference TN/007 route shown in green and between points marked 5a/i and labelled TN/007 to facilitate the 5a/ii on sheet 7 of the public construction and maintenance rights of way plan of the authorised development District of West Approximately 1 m Temporarily closed along Northamptonshire of Footpath reference the route shown in yellow NN“DG”2#2 between points and labelled NN“DG”2#2 to marked 6a/i and 6a/ii on sheet 6 facilitate the construction and of the public rights of way plan maintenance of the authorised development District of West Approximately 79 m of Temporarily closed along Northamptonshire Footpath reference NN“CW”1 the route shown in yellow between points marked 6b/i and and labelled NN“CW”1 to 6b/ii on sheet 6 of the public facilitate the construction and rights of way plan maintenance of the authorised development District of West Approximately 420 m of Temporarily closed along Northamptonshire Footpath reference NN“CW”1 the route shown in yellow between points marked 6c/i and and labelled NN“CW”1 to 6a/i on sheet 6 of the public facilitate the construction and rights of way plan maintenance of the authorised development District of North Approximately 177 m of Temporarily closed along the Northamptonshire Footpath reference TU/003 route shown in yellow and between points marked 7a/i and labelled TU/003 to facilitate the 7a/ii on sheet 7 of the public construction and maintenance rights of way plan of the authorised development District of North Approximately 81 m of Temporarily closed along the Northamptonshire Footpath reference TN/003 route shown in yellow and between points marked 7c/i and labelled TN/003 to facilitate the 7c/ii on sheet 7 of the public construction and maintenance rights of way plan of the authorised development 76Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

District of North Approximately 1551 m of Temporarily closed along the Northamptonshire Footpath reference TN/003 route shown in yellow and between points marked 8a/i and labelled TN/003 to facilitate the 8a/ii on sheet 8 of the public construction and maintenance rights of way plan of the authorised development District of North Approximately 19m of BOAT Temporarily closed along the Northamptonshire reference TC/010 between route shown in blue and points marked 8b/i and 8b/ii on labelled TC/010 to facilitate the sheet 8 of the public rights of construction and maintenance way plan of the authorised development District of North Approximately 318 m of Temporarily closed along the Northamptonshire Footpath reference TN/001 route shown in yellow and between points marked 9a/i and labelled TN/001 to facilitate the 9a/ii on sheet 9 of the public construction and maintenance rights of way plan of the authorised development District of North Approximately 0.4 m of Temporarily closed along the Northamptonshire Footpath reference TU/002 route shown in yellow and between points marked 10a/i labelled TU/002 to facilitate the and 10a/ii on sheet 10 of the construction and maintenance public rights of way plan of the authorised development District of North Approximately 549 m of BOAT Temporarily closed along the Northamptonshire reference TC/014 between route shown in blue and points marked 11a/i and 11a/ii labelled TC/014 to facilitate the on sheet 11 of the public rights construction and maintenance of way plan of the authorised development District of North Approximately 258 m of Temporarily closed along the Northamptonshire Footpath reference TC/017 route shown in yellow and between points marked 12a/i labelled TC/017 to facilitate the and 12a/ii on sheet 12 of the construction and maintenance public rights of way plan of the authorised development District of North Approximately 0.1 m of Temporarily closed along the Northamptonshire Footpath reference TF/003 route shown in yellow and between points marked 12b/i labelled TF/003 to facilitate the and 12b/ii on sheet 12 of the construction and maintenance public rights of way plan of the authorised development District of North Approximately 59 m of Temporarily closed along the Northamptonshire Footpath reference TF/010 route shown in yellow and between points marked 13a/i labelled TF/010 to facilitate the and 13a/ii on sheet 13 of the construction and maintenance public rights of way plan of the authorised development District of North Approximately 57 m of Temporarily closed along the Northamptonshire Footpath reference TF/004 route shown in yellow and between points marked 14a/i labelled TF/004 to facilitate the and 14a/ii on sheet 14 of the construction and maintenance public rights of way plan of the authorised development District of North Approximately 0.45 m of Temporarily closed along the Northamptonshire Footpath reference TF/005 route shown in yellow and between points marked 14b/i labelled TF/005 to facilitate the 77Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. and 14b/ii on sheet 14 of the construction and maintenance public rights of way plan of the authorised development District of North Approximately 718 m of Temporarily closed along the Northamptonshire Footpath reference TA/001 route shown in yellow and between points marked 15a/i labelled TA/001 to facilitate the and 15a/ii on sheet 15 of the construction and maintenance public rights of way plan of the authorised development District of North Approximately 944 m of Temporarily closed along the Northamptonshire Footpath reference TD/002 route shown in yellow and between points marked 14b/ii labelled TD/002 to facilitate the and 15b/ii on sheet 15 of the construction and maintenance public rights of way plan of the authorised development District of North Approximately 620 m of Temporarily closed along the Northamptonshire Footpath reference TD/003 route shown in yellow and between points marked 15c/i labelled TD/003 to facilitate the and 15c/ii on sheet 15 of the construction and maintenance public rights of way plan of the authorised development District of North Approximately 22 m of Temporarily closed along the Northamptonshire Footpath reference TA/004 route shown in yellow and between points marked 15d/i labelled TA/004 to facilitate the and 15d/ii on sheet 15 of the construction and maintenance public rights of way plan of the authorised development District of North Approximately 451 m of Temporarily closed along the Northamptonshire Footpath reference TA/004 route shown in yellow and between points marked 15e/i labelled TA/004 to facilitate the and 15e/ii on sheet 15 of the construction and maintenance public rights of way plan of the authorised development District of North Approximately 364 m of Temporarily closed along the Northamptonshire Footpath reference TA/004 route shown in yellow and between points marked 15f/i labelled TA/004 to facilitate the and 15f/ii on sheet 15 of the construction and maintenance public rights of way plan of the authorised development District of North Approximately 73 m of Temporarily closed along the Northamptonshire Footpath reference TA/004 route shown in yellow and between points marked 15g/i labelled TA/004 to facilitate the and 15g/ii on sheet 15 of the construction and maintenance public rights of way plan of the authorised development District of North Approximately 439 m of Temporarily closed along the Northamptonshire Footpath reference TD/005 route shown in yellow and between points marked 16a/i labelled TD/005 to facilitate the and 16a/ii on sheet 16 of the construction and maintenance public rights of way plan of the authorised development District of North Approximately 127 m of Temporarily closed along the Northamptonshire Bridleway reference TD/008 route shown in green and between points marked 16b/i labelled TD/008 to facilitate the and 16b/ii on sheet 16 of the construction and maintenance public rights of way plan of the authorised development 78Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

District of North Approximately 357 m of Temporarily closed along the Northamptonshire Bridleway reference TD/008 route shown in green and between points marked 16c/i labelled TD/008 to facilitate the and 16c/ii on sheet 16 of the construction and maintenance public rights of way plan of the authorised development District of North Approximately 54 m of Temporarily closed along the Northamptonshire Bridleway reference TD/009 route shown in green and between points marked 16d/i labelled TD/009 to facilitate the and 16d/ii on sheet 16 of the construction and maintenance public rights of way plan of the authorised development District of North Approximately 222 m of Temporarily closed along the Northamptonshire Footpath reference TD/005 route shown in orange and between points marked 16e/I labelled TD/005 to facilitate the and 16e/ii on sheet 16 of the construction and maintenance public rights of way plan of the authorised development District of North Approximately 106 m of Temporarily closed along the Northamptonshire Footpath reference TA/020 route shown in yellow and between points marked 17a/i labelled TA/020 to facilitate the and 17a/ii on sheet 17 of the construction and maintenance public rights of way plan of the authorised development District of North Approximately 618 m of Temporarily closed along the Northamptonshire Footpath reference TD/007 route shown in yellow and between points marked 17b/i labelled TD/007 to facilitate the and 17b/ii on sheet 17 of the construction and maintenance public rights of way plan of the authorised development Borough of Milton Keynes Approximately 22 m Temporarily closed along the of Footpath reference route shown in yellow and MK“Warrington”007 between labelled MK“Warrington”007 points marked 17a/ii and 17c/i to facilitate the construction and on sheet 17 of the public rights maintenance of the authorised of way plan development District of North Approximately 1 m of Footpath Temporarily closed along the Northamptonshire reference TD/005 between route shown in yellow and points marked 17d/i and 17d/ii labelled TD/005 to facilitate the on sheet 17 of the public rights construction and maintenance of way plan of the authorised development District of North Approximately 150 m of Temporarily closed along the Northamptonshire Bridleway reference TD/008 route shown in green and between points marked 17e/i labelled TD/008 to facilitate the and 17e/ii on sheet 17 of the construction and maintenance public rights of way plan of the authorised development Borough of Milton Keynes Approximately 1251 m Temporarily closed along the of Footpath reference route shown in yellow and MK“Lavendon”005 between labelled MK“Lavendon”005 to points marked 18a/i and 18a/ facilitate the construction and ii on sheets 17 and 18 of the maintenance of the authorised public rights of way plan development 79Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Borough of Milton Keynes Approximately 20 m Temporarily closed along the of Footpath reference route shown in yellow and MK“Lavendon”001 between labelled MK“Lavendon”001 to points marked 18a/ii and 18b/ii facilitate the construction and on sheet 18 of the public rights maintenance of the authorised of way plan development Borough of Milton Keynes Approximately 6 m Temporarily closed along the of Bridleway reference route shown in green and MK“Lavendon”015#1 between labelled MK“Lavendon”015#1 points marked 18c/i and 18c/ii to facilitate the construction and on sheet 18 of the public rights maintenance of the authorised of way plan development Borough of Milton Keynes Approximately 866 m Temporarily closed along the of Bridleway reference route shown in green and MK“Lavendon”015#2 between labelled MK“Lavendon”015#2 points marked 18d/i and 18d/ii to facilitate the construction and on sheet 18 of the public rights maintenance of the authorised of way plan development Borough of Milton Keynes Approximately 984 m Temporarily closed along the of Bridleway reference route shown in green and MK“Lavendon”002 between labelled MK“Lavendon”002 to points marked 18e/i and 18d/i facilitate the construction and on sheet 18 of the public rights maintenance of the authorised of way plan development Borough of Milton Keynes Approximately 437 m Temporarily closed along the of Bridleway reference route shown in green and MK“Lavendon”014 between labelled MK“Lavendon”014 to points marked 18f/i and 18f/ii facilitate the construction and on sheet 18 of the public rights maintenance of the authorised of way plan development Borough of Milton Keynes Approximately 247 m Temporarily closed along the of Bridleway reference route shown in green and MK“Lavendon”004 between labelled MK“Lavendon”004 to points marked 18g/i and 18g/ii facilitate the construction and on sheet 18 of the public rights maintenance of the authorised of way plan development PART 3 TEMPORARY USE OF MOTOR VEHICLES ON PUBLIC RIGHTS OF WAY

(1) (2) (3) Area Public right of way Measures District of West Approximately 52 m of Motor vehicles under the Northamptonshire Footpath reference NN“DT”8 direction of the undertaker may between points marked 3a/i and cross the public right of way 80Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

3a/ii on sheet 3 of the public rights of way plan District of West Approximately 7 m of Footpath Motor vehicles under the Northamptonshire reference NN“DT”8 between direction of the undertaker may points marked 3b/i and 3b/ii on cross the public right of way sheet 3 of the public rights of way plan District of West Approximately 68 m of Motor vehicles under the Northamptonshire Bridleway reference NN“CT”3 direction of the undertaker may between points marked 3c/i and cross the public right of way 3c/ii on sheet 3 of the public rights of way plan District of West Approximately 34 m of Motor vehicles under the Northamptonshire Bridleway reference NN“CT”3 direction of the undertaker may between points marked 3d/i and cross the public right of way 3d/ii on sheet 3 of the public rights of way plan District of West Approximately 63 m of Motor vehicles under the Northamptonshire Footpath reference NN“CT”6 direction of the undertaker may between points marked 4a/i and cross the public right of way 4a/ii on sheet 4 of the public rights of way plan District of West Approximately 66 m of Motor vehicles under the Northamptonshire Bridleway reference NN“CT”5 direction of the undertaker may between points marked 4b/i and cross the public right of way 4b/ii on sheet 4 of the public rights of way plan District of North Approximately 575 m of Motor vehicles under the Northamptonshire Bridleway reference TN/007 direction of the undertaker may between points marked 5a/i and cross the public right of way 5a/ii on sheet 7 of the public rights of way plan District of West Approximately 1 m Motor vehicles under the Northamptonshire of Footpath reference direction of the undertaker may NN“DG”2#2 between points cross the public right of way marked 6a/i and 6a/ii on sheet 6 of the public rights of way plan District of West Approximately 79 m of Motor vehicles under the Northamptonshire Footpath reference NN“CW”1 direction of the undertaker may between points marked 6b/i and cross the public right of way 6b/ii on sheet 6 of the public rights of way plan District of West Approximately 420 m of Motor vehicles under the Northamptonshire Footpath reference NN“CW”1 direction of the undertaker may between points marked 6c/i and cross the public right of way 6a/i on sheet 6 of the public rights of way plan 81Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

District of North Approximately 177 m of Motor vehicles under the Northamptonshire Footpath reference TU/003 direction of the undertaker may between points marked 7a/i and cross the public right of way 7a/ii on sheet 7 of the public rights of way plan District of North Approximately 81 m of Motor vehicles under the Northamptonshire Footpath reference TN/003 direction of the undertaker may between points marked 7c/i and cross the public right of way 7c/ii on sheet 7 of the public rights of way plan District of North Approximately 1551 m of Motor vehicles under the Northamptonshire Footpath reference TN/003 direction of the undertaker may between points marked 8a/i and cross the public right of way 8a/ii on sheet 8 of the public rights of way plan District of North Approximately 318 m of Motor vehicles under the Northamptonshire Footpath reference TN/001 direction of the undertaker may between points marked 9a/i and cross the public right of way 9a/ii on sheet 9 of the public rights of way plan District of North Approximately 0.4 m of Motor vehicles under the Northamptonshire Footpath reference TU/002 direction of the undertaker may between points marked 10a/i cross the public right of way and 10a/ii on sheet 10 of the public rights of way plan District of North Approximately 549 m of BOAT Motor vehicles under the Northamptonshire reference TC/014 between direction of the undertaker may points marked 11a/i and 11a/ii cross the public right of way on sheet 11 of the public rights of way plan District of North Approximately 258 m of Motor vehicles under the Northamptonshire Footpath reference TC/017 direction of the undertaker may between points marked 12a/i cross the public right of way and 12a/ii on sheet 12 of the public rights of way plan District of North Approximately 0.1 m of Motor vehicles under the Northamptonshire Footpath reference TF/003 direction of the undertaker may between points marked 12b/i cross the public right of way and 12b/ii on sheet 12 of the public rights of way plan District of North Approximately 59 m of Motor vehicles under the Northamptonshire Footpath reference TF/010 direction of the undertaker may between points marked 13a/i cross the public right of way and 13a/ii on sheet 13 of the public rights of way plan District of North Approximately 57 m of Motor vehicles under the Northamptonshire Footpath reference TF/004 direction of the undertaker may between points marked 14a/i cross the public right of way 82Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. and 14a/ii on sheet 14 of the public rights of way plan District of North Approximately 0.45 m of Motor vehicles under the Northamptonshire Footpath reference TF/005 direction of the undertaker may between points marked 14b/i cross the public right of way and 14b/ii on sheet 14 of the public rights of way plan District of North Approximately 718 m of Motor vehicles under the Northamptonshire Footpath reference TA/001 direction of the undertaker may between points marked 15a/i cross the public right of way and 15a/ii on sheet 15 of the public rights of way plan District of North Approximately 944 m of Motor vehicles under the Northamptonshire Footpath reference TD/002 direction of the undertaker may between points marked 14b/ii cross the public right of way and 15b/ii on sheet 15 of the public rights of way plan District of North Approximately 620 m of Motor vehicles under the Northamptonshire Footpath reference TD/003 direction of the undertaker may between points marked 15c/i cross the public right of way and 15c/ii on sheet 15 of the public rights of way plan District of North Approximately 22 m of Motor vehicles under the Northamptonshire Footpath reference TA/004 direction of the undertaker may between points marked 15d/i cross the public right of way and 15d/ii on sheet 15 of the public rights of way plan District of North Approximately 451 m of Motor vehicles under the Northamptonshire Footpath reference TA/004 direction of the undertaker may between points marked 15e/i cross the public right of way and 15e/ii on sheet 15 of the public rights of way plan District of North Approximately 364 m of Motor vehicles under the Northamptonshire Footpath reference TA/004 direction of the undertaker may between points marked 15f/i cross the public right of way and 15f/ii on sheet 15 of the public rights of way plan District of North Approximately 73 m of Motor vehicles under the Northamptonshire Footpath reference TA/004 direction of the undertaker may between points marked 15g/i cross the public right of way and 15g/ii on sheet 15 of the public rights of way plan District of North Approximately 439 m of Motor vehicles under the Northamptonshire Footpath reference TD/005 direction of the undertaker may between points marked 16a/i cross the public right of way and 16a/ii on sheet 16 of the public rights of way plan 83Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

District of North Approximately 127 m of Motor vehicles under the Northamptonshire Bridleway reference TD/008 direction of the undertaker may between points marked 16b/i cross the public right of way and 16b/ii on sheet 16 of the public rights of way plan District of North Approximately 357 m of Motor vehicles under the Northamptonshire Bridleway reference TD/008 direction of the undertaker may between points marked 16c/i cross the public right of way and 16c/ii on sheet 16 of the public rights of way plan District of North Approximately 54 m of Motor vehicles under the Northamptonshire Bridleway reference TD/009 direction of the undertaker may between points marked 16d/i cross the public right of way and 16d/ii on sheet 16 of the public rights of way plan District of North Approximately 222 m of Motor vehicles under the Northamptonshire Footpath reference TD/005 direction of the undertaker may between points marked 16e/i cross the public right of way and 16e/ii on sheet 16 of the public rights of way plan District of North Approximately 106 m of Motor vehicles under the Northamptonshire Footpath reference TA/020 direction of the undertaker may between points marked 17a/i cross the public right of way and 17a/ii on sheet 17 of the public rights of way plan District of North Approximately 618 m of Motor vehicles under the Northamptonshire Footpath reference TD/007 direction of the undertaker may between points marked 17b/i cross the public right of way and 17b/ii on sheet 17 of the public rights of way plan Borough of Milton Keynes Approximately 22 m Motor vehicles under the of Footpath reference direction of the undertaker may MK“Warrington”007 between cross the public right of way points marked 17a/ii and 17c/i on sheet 17 of the public rights of way plan District of North Approximately 1 m of Footpath Motor vehicles under the Northamptonshire reference TD/005 between direction of the undertaker may points marked 17d/i and 17d/ii cross the public right of way on sheet 17 of the public rights of way plan District of North Approximately 150 m of Motor vehicles under the Northamptonshire Bridleway reference TD/008 direction of the undertaker may between points marked 17e/i cross the public right of way and 17e/ii on sheet 17 of the public rights of way plan 84Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Borough of Milton Keynes Approximately 1251 m Motor vehicles under the of Footpath reference direction of the undertaker may MK“Lavendon”005 between cross the public right of way points marked 18a/i and 18a/ii on sheets 17 and 18 of the public rights of way plan Borough of Milton Keynes Approximately 20 m Motor vehicles under the of Footpath reference direction of the undertaker may MK“Lavendon”001 between cross the public right of way points marked 18a/ii and 18b/ii on sheet 18 of the public rights of way plan Borough of Milton Keynes Approximately 6 m Motor vehicles under the of Bridleway reference direction of the undertaker may MK“Lavendon”015#1 between cross the public right of way points marked 18c/i and 18c/ii on sheet 18 of the public rights of way plan Borough of Milton Keynes Approximately 866 m Motor vehicles under the of Bridleway reference direction of the undertaker may MK“Lavendon”015#2 between cross the public right of way points marked 18d/i and 18d/ii on sheet 18 of the public rights of way plan Borough of Milton Keynes Approximately 984 m Motor vehicles under the of Bridleway reference direction of the undertaker may MK“Lavendon”002 between cross the public right of way points marked 18e/i and 18d/i on sheet 18 of the public rights of way plan Borough of Milton Keynes Approximately 437 m Motor vehicles under the of Bridleway reference direction of the undertaker may MK“Lavendon”014 between cross the public right of way points marked 18f/i and 18f/ii on sheet 18 of the public rights of way plan Borough of Milton Keynes Approximately 247 m Motor vehicles under the of Bridleway reference direction of the undertaker may MK“Lavendon”004 between cross the public right of way points marked 18g/i and 18g/ii on sheet 18 of the public rights of way plan 85Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

SCHEDULE 7 Article 14 ACCESS TO WORKS PART 1 PERMANENT MEANS OF ACCESS TO WORKS

(1) (2) (3) Area Street Description of means of access District of West Broughton Road The provision of a permanent Northamptonshire means of access to the authorised development from the point marked Access-A-1 on sheet 1 of the access to works plan District of West Broughton Road The provision of a permanent Northamptonshire means of access to the authorised development from the point marked Access-A-2 on sheet 1 of the access to works plan District of West Newland Road, Walgrave The provision of a permanent Northamptonshire means of access to the authorised development from the point marked Crossing-A-1

(E) on sheet 1 of the access to works plan District of West Newland Road, Walgrave The provision of a permanent Northamptonshire means of access to the authorised development from the point marked Crossing-A-1

(W) on sheet 1 of the access to works plan District of West Kettering Road The provision of a permanent Northamptonshire means of access to the authorised development from the point marked Access-A.2-1 on sheet 2 of the access to works plan District of West Sywell Road The provision of a permanent Northamptonshire means of access to the authorised development from the point marked Access-B-1 on sheet 6 of the access to works plan 86Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

District of West Moulton Road The provision of a permanent Northamptonshire means of access to the authorised development from the point marked Access-B-2 on sheet 6 of the access to works plan District of North Sywell Road The provision of a permanent Northamptonshire means of access to the authorised development from the point marked Access-C-1 on sheet 7 of the access to works plan.

District of North Highfield Road The provision of a permanent Northamptonshire means of access to the authorised development from the point marked Access-D-2 on sheet 7 of the access to works plan.

District of North Highfield Road The provision of a permanent Northamptonshire means of access to the authorised development from the point marked Access-D-4 on sheet 8 of the access to works plan.

District of North Highfield Road The provision of a permanent Northamptonshire means of access to the authorised development from the point marked Access-E-1 on sheet 8 of the access to works plan District of North Wilby Road The provision of a permanent Northamptonshire means of access to the authorised development from the point marked Crossing-E-1

(S) on sheet 8 of the access to works plan District of North Wilby Road The provision of a permanent Northamptonshire means of access to the authorised development from the point marked Crossing- E-1(N) on sheet 8 of the access to works plan District of North Mears Ashby Road The provision of a permanent Northamptonshire means of access to the authorised development from the point marked Access-E-2 on sheet 9 of the access to works plan 87Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

District of North Station Road The provision of a permanent Northamptonshire means of access to the authorised development from the point marked Access- BESS-1 on sheet 13 of the access to works plan District of West Station Road The provision of a permanent Northamptonshire means of access to the authorised development from the point marked Access- BESS-2 on sheet 13 of the access to works plan District of North Station Road The provision of a permanent Northamptonshire means of access to the authorised development from the point marked Access- BESS-3 on sheet 13 of the access to works plan District of North Station Road The provision of a permanent Northamptonshire means of access to the authorised development from the point marked Access- BESS-4 on sheet 13 of the access to works plan District of North Easton Way The provision of a permanent Northamptonshire means of access to the authorised development from the point marked Crossing-F-1

(E) on sheet 14 of the access to works plan District of North Easton Way The provision of a permanent Northamptonshire means of access to the authorised development from the point marked Crossing-F-1

(W) on sheet 14 of the access to works plan District of North London Road (A509) The provision of a permanent Northamptonshire means of access to the authorised development from the point marked Access-F-1 on sheet 15 of the access to works plan District of North Easton Lane The provision of a permanent Northamptonshire means of access to the authorised development from the point marked Access-F-2 on sheet 16 of the access to works plan 88Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

District of North London Road (A509) The provision of a permanent Northamptonshire means of access to the authorised development from the point marked Access-F-3 on sheet 16 of the access to works plan Borough of Milton Keynes Northampton Road (A428) The provision of a permanent means of access to the authorised development from the point marked Access-G-1 on sheet 18 of the access to works plan PART 2 TEMPORARY MEANS OF ACCESS

(1) (2) (3) Area Street Description of means of access District of West Kettering Road The provision of a temporary Northamptonshire means of access to the authorised development from the point marked CR1 on sheet 3 of the access to works plan.

District of West Kettering Road The provision of a temporary Northamptonshire means of access to the authorised development from the point marked CR2 on sheet 3 of the access to works plan.

District of West Red House Lane The provision of a temporary Northamptonshire means of access to the authorised development from the point marked CR3 on sheet 3 of the access to works plan.

District of North Kettering Road (A43) The provision of a temporary Northamptonshire means of access to the authorised development from the point marked CR4 on sheet 4 of the access to works plan.

District of West Sywell Road The provision of a temporary Northamptonshire means of access to the authorised development from the point marked CR5 on sheet 6 of the access to works plan.

District of North Highfield Road The provision of a temporary Northamptonshire means of access to the 89Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. authorised development from the point marked Access-D-1 on sheet 7 of the access to works plan.

District of North Highfield Road The provision of a temporary Northamptonshire means of access to the authorised development from the point marked Access-D-3 on sheet 7 of the access to works plan.

District of North Wellingborough Road The provision of a temporary Northamptonshire means of access to the authorised development from the point marked CR6 on sheet 7 of the access to works plan.

District of North Wellingborough Road The provision of a temporary Northamptonshire means of access to the authorised development from the point marked CR7 on sheet 7 of the access to works plan.

District of North Highfield Road The provision of a temporary Northamptonshire means of access to the authorised development from the point marked Access-D-5 on sheet 8 of the access to works plan.

District of North Mears Ashby Road The provision of a temporary Northamptonshire means of access to the authorised development from the point marked CR8 on sheet 8 of the access to works plan.

District of North Mears Ashby Road The provision of a temporary Northamptonshire means of access to the authorised development from the point marked CR9 on sheet 8 of the access to works plan.

District of North Main Road (A4500) The provision of a temporary Northamptonshire means of access to the authorised development from the point marked CR10 on sheet 10 of the access to works plan.

District of North Main Road (A4500) The provision of a temporary Northamptonshire means of access to the authorised development from the point marked CR11 on sheet 10 of the access to works plan.

District of North Doddington Road The provision of a temporary Northamptonshire means of access to the 90Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. authorised development from the point marked CR14 on sheet 11 of the access to works plan.

District of North Doddington Road (B573) The provision of a temporary Northamptonshire means of access to the authorised development from the point marked CR12 on sheet 11 of the access to works plan.

District of North Doddington Road (B573) The provision of a temporary Northamptonshire means of access to the authorised development from the point marked CR13 on sheet 11 of the access to works plan.

District of North Grendon Road The provision of a temporary Northamptonshire means of access to the authorised development from the point marked CR15 on sheet 12 of the access to works plan.

District of North Station Road The provision of a temporary Northamptonshire means of access to the authorised development from the point marked CR16 on sheet 12 of the access to works plan.

District of North Station Road The provision of a temporary Northamptonshire means of access to the authorised development from the point marked CR17 on sheet 13 of the access to works plan.

District of North Station Road The provision of a temporary Northamptonshire means of access to the authorised development from the point marked CR18 on sheet 13 of the access to works plan.

District of West Grendon Road The provision of a temporary Northamptonshire means of access to the authorised development from the point marked CR19 on sheet 14 of the access to works plan.

District of West Grendon Road The provision of a temporary Northamptonshire means of access to the authorised development from the point marked CR20 on sheet 14 of the access to works plan.

District of North Yardley Road The provision of a temporary Northamptonshire means of access to the authorised development from the point marked CR21 on sheet 14 of the access to works plan.

91Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

District of North Yardley Road The provision of a temporary Northamptonshire means of access to the authorised development from the point marked CR22 on sheet 14 of the access to works plan.

District of North Easton Lane The provision of a temporary Northamptonshire means of access to the authorised development from the point marked CR23 on sheet 15 of the access to works plan.

District of North London Road (A509) The provision of a temporary Northamptonshire means of access to the authorised development from the point marked CR24 on sheet 17 of the access to works plan.

SCHEDULE 8 Article 16 TRAFFIC REGULATION MEASURES

(1) (2) (3) Area Street Extent of the street works District of West Kettering Road (A43) Between reference points 5c Northamptonshire and 5d and shaded purple on sheet 5 of the streets plan District of North Nene Valley Way (A45) Between reference points 12e Northamptonshire and 12f and shaded purple on sheet 12 of the streets plan District of North Nene Valley Way (A45) Between reference points 12g Northamptonshire and 12h and shaded purple on sheet 12 of the streets plan District of North Kettering Road (A43) Between reference points 4a Northamptonshire and 5a and shaded purple on sheet 4 of the streets plan District of North Main Road (A4500) Between reference points 10c Northamptonshire and 10f and shaded purple on sheet 10 of the streets plan District of North Main Road (A4500) Between reference points 10c Northamptonshire and 10e and shaded purple on sheet 10 of the streets plan District of North Main Road (A4500) Between reference points 10e Northamptonshire and 10g and shaded purple on sheet 10 of the streets plan 92Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

District of West Broughton Road Between reference points 1a Northamptonshire and 1e and shaded purple on sheet 1 of the streets plan District of West Newland Road Walgrave Between reference points 1c Northamptonshire and 1f and shaded purple on sheet 1 of the streets plan District of West Broughton Road Between reference points 1d Northamptonshire and 1e and shaded purple on sheet 1 of the streets plan District of West Broughton Road Between reference points 1e Northamptonshire and 1f and shaded purple on sheet 1 of the streets plan District of West Broughton Road Between reference points 1g Northamptonshire and 1h and shaded purple on sheet 1 of the streets plan District of West Newland Road Walgrave Between reference points 1i and Northamptonshire 1j and shaded purple on sheet 1 of the streets plan District of West Newland Road Walgrave Between reference points 1n Northamptonshire and 1o and shaded purple on sheet 1 of the streets plan District of West Kettering Road Walgrave Between reference points 2b Northamptonshire and 3b and shaded purple on sheet 2 of the streets plan District of West Sywell Road Holcot Between reference points 6a Northamptonshire and 6c and shaded purple on sheet 6 of the streets plan District of North Wellingborough Road Between reference points 7e Northamptonshire and 7g and shaded purple on sheet 7 of the streets plan District of North Moonshine Gap Between reference points 7f Northamptonshire and 7g and shaded purple on sheet 7 of the streets plan District of North Highfield Road Between reference points 7g Northamptonshire and 8a and shaded purple on sheet 7 of the streets plan District of North Wilby Road Between reference points 8d Northamptonshire and 8e and shaded purple on sheet 8 of the streets plan District of North Mears Ashby Road Between reference points 8m Northamptonshire and 9h and shaded purple on sheet 8 of the streets plan District of North Whiston Road Between reference points 12u Northamptonshire and 12v and shaded purple on sheet 12 of the streets plan 93Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

District of North Easton Way Between reference points 14e Northamptonshire and 14i and shaded purple on sheet 14 of the streets plan District of North Grendon Road Between reference points 14i Northamptonshire and 14j and shaded purple on sheet 14 of the streets plan District of North London Road (A509) Between reference points 15a Northamptonshire and 15b and shaded purple on sheet 15 of the streets plan District of North Easton Lane Between reference points 15j Northamptonshire and 16a and shaded purple on sheet 15 of the streets plan Borough of Milton Keynes Northampton Road (A428) Between reference points 18f and 18h and shaded purple on sheet 18 of the streets plan District of West Red House Lane Hannington Between reference points 3c Northamptonshire and 3e and shaded purple on sheet 3 of the streets plan District of North Mears Ashby Road Between reference points 8e Northamptonshire and 8j and shaded purple on sheet 8 of the streets plan District of North Main Road (A4500) Between reference points 10b Northamptonshire and 10c and shaded purple on sheet 10 of the streets plan District of North Doddington Road, Earls Barton Between reference points 11a Northamptonshire (B573) and 11b and shaded purple on sheet 11 of the streets plan District of North Nene Valley Way (A45) Between reference points 11c Northamptonshire and 11d and shaded purple on sheet 11 of the streets plan District of North Dowthorpe Hill Between reference points 11k Northamptonshire and 11l and shaded purple on sheet 11 of the streets plan District of North Station Road Between reference points 12c Northamptonshire and 12d and shaded purple on sheet 12 of the streets plan District of North Grendon Road Between reference points 12i Northamptonshire and 12n and shaded purple on sheet 12 of the streets plan District of North Nene Valley Way (A45) Between reference points 12l Northamptonshire and 12m and shaded purple on sheet 12 of the streets plan District of North Station Road Between reference points 12n Northamptonshire and 13e and shaded purple on sheet 12 of the streets plan 94Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

District of North Nene Valley Way (A45) Between reference points 12o Northamptonshire and 12n and shaded purple on sheet 12 of the streets plan District of West Grendon Road Between reference points 14b Northamptonshire and 14d and shaded purple on sheet 14 of the streets plan District of North Yardley Road Between reference points 14b Northamptonshire and 14c and shaded purple on sheet 14 of the streets plan District of North Yardley Road Between reference points 14i Northamptonshire and 14k and shaded purple on sheet 14 of the streets plan District of North London Road (A509) Between reference points 16c Northamptonshire and 16d and shaded purple on sheet 16 of the streets plan Borough of Milton Keynes London Road (A509) Between reference points 17c and 18a and shaded purple on sheet 17 of the streets plan SCHEDULE 9 Article 24 LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED

(1) (2) Plot reference number shown on the Land Purposes for which rights over land may be Plan required and restrictive covenants imposed 06-065, 10-099-b, 10-100, 16-210-b, 16-210-c Alter, improve, form, maintain, retain, use (with or without vehicles, plant and machinery), remove, reinstate means of access to the authorised development including visibility splays, bridges and road widening and to remove impediments (including vegetation) to such access;

pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface) for all purposes in connection with the authorised development; install, use, support, protect, inspect, alter, remove, replace, refurbish, reconstruct, retain, renew, improve and maintain security fencing, gates, boundary treatment, public rights of way and any other ancillary apparatus and any other works as necessary;

install, use, support, protect, inspect, alter, remove, replace, refurbish, reconstruct, retain, 95Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. renew, improve and maintain sewers, drains, pipes, ducts, mains, conduits, services, flues and to drain into and manage waterflows in any drains, watercourses and culverts;

install, execute, implement, retain, repair, improve, renew, remove, relocate and plant trees, woodlands, shrubs, hedgerows, seeding, landscaping and other ecological measures together with the right to maintain, inspect and replant such trees, shrubs, hedgerows, landscaping and other ecological measures the right to pass and repass on foot, with or without vehicles, plant and machinery for all purposes in connection with the implementation and maintenance of landscaping and ecological mitigation or enhancement works;

restrict and remove the erection of buildings or structures, restrict the altering of ground levels, restrict and remove the planting of trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt or interfere with the exercise of the rights or damage the authorised development.

01-012-a, 01-022, 02-025-b, 03-028, 03-031- install, use, support, protect, inspect, alter, b, 03-032, 03-033, 03-034-b, 03-036, 04-037, remove, replace, refurbish, reconstruct, retain, 04-043, 04-039-a, 04-041-a, 04-042, 04-050, renew, improve and maintain electrical 05-051, 05-052, 05-054, 05-055-a, 05-055- underground cables, earthing cables, optical b, 05-056, 05-057, 06-058-b, 06-059, 06-060, fibre cables, data cables, telecommunications 06-061, 07-066-b, 07-066-d, 07-069-c, 07-070- cables and other services, works associated with b, 07-072-d, 07-073, 07-074, 07-075, 07-076, such cables including bays, ducts, protection 07-077, 07-080, 08-083-a, 08-084, 08-087, and safety measures and equipment, and other 08-093-b, 08-094-a, 08-095, 08-096-b, 10-099- ancillary apparatus and structures (including but a, 10-101, 10-102, 10-103-b, 10-104-b, 10-106- not limited to access chambers, manholes and b, 10-107, 10-108, 11-109-b, 11-110-b, 11-116- marker posts) and any other works necessary b, 11-119-a, 11-120-b, 11-121-b, 11-122, together with the right to fell, trim or lop trees 12-123, 12-124, 12-125, 12-126-a, 12-126- and bushes which may obstruct or interfere with b, 12-129-a, 12-129-b, 12-130-a, 12-130- the said cables, telecommunications and other b, 12-131-b, 12-131-c, 12-131-d, 12-136-a, ancillary apparatus;

12-136-b 12-137, 12-138, 12-139, 12-140, remain, pass and repass on foot, with or without 12-141, 12-142, 12-143, 12-144, 12-145, vehicles, plant and machinery (including rights 12-146, 12-147, 12-148, 12-155-b, 12-160, to lay and use any temporary surface or form 12-161, 12-162, 12-163-a, 12-163-b, 12-164, a temporary compound) for all purposes in 12-165-b, 13-171-a, 13-172, 13-173, 13-174, connection with the authorised development;

13-176, 13-177-a, 13-181, 13-182, 13-183, 13-184-a, 14-185, 14-187-a, 14-189-a, 14-193, continuous vertical and lateral support for the 14-197, 15-203-a, 15-204-b, 17-215-a, 17-216- authorised development;

b, 18-220 install, use, support, protect, inspect, alter, remove, replace, refurbish, reconstruct, retain, renew, improve and maintain sewers, drains, pipes, ducts, mains, conduits, services, flues and 96Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. to drain into and manage waterflows in any drains, watercourses and culverts;

alter, improve, form, maintain, retain, use (with or without vehicles, plant and machinery), remove, reinstate means of access to the authorised development including visibility splays, bridges and road widening and to remove impediments (including vegetation) to such access;

install, execute, implement, retain, repair, improve, renew, remove, relocate and plant trees, woodlands, shrubs, hedgerows, seeding, landscaping and other ecological measures together with the right to maintain, inspect and replant such trees, shrubs, hedgerows, landscaping and other ecological measures the right to pass and repass on foot, with or without vehicles, plant and machinery for all purposes in connection with the implementation and maintenance of landscaping and ecological mitigation or enhancement works;

install, use, support, protect, inspect, alter, remove, replace, refurbish, reconstruct, retain, renew, improve and maintain security fencing, gates, boundary treatment, public rights of way and any other ancillary apparatus and any other works as necessary;

restrict and remove the erection of buildings or structures, restrict the altering of ground levels, restrict and remove vegetation and restrict the planting of trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt or interfere with the exercise of the rights or damage the authorised development.

12-127, 12-128-a, 12-128-b install, use, support, protect, inspect, alter, remove, replace, refurbish, reconstruct, retain, renew, improve and maintain electrical underground cables, earthing cables, optical fibre cables, data cables, telecommunications cables and other services, works associated with such cables including bays, ducts, protection and safety measures and equipment, and other ancillary apparatus and structures (including but not limited to access chambers, manholes and marker posts) and any other works necessary;

continuous vertical and lateral support for the authorised development;

97Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. restrict the altering of ground levels, restrict and remove vegetation and restrict the planting of trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt or interfere with the exercise of the rights or damage the authorised development.

SCHEDULE 10 Article 24 MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR THE CREATION OF NEW RIGHTS AND IMPOSITION OF NEW RESTRICTIVE COVENANTS Compensation enactments

1. The enactments for the time being in force with respect to compensation for the compulsory purchase of land are to apply, with the necessary modifications as respects compensation, in the case of a compulsory acquisition under this Order of a right by the creation of a new right or the imposition of a restrictive covenant as they apply as respects compensation on the compulsory purchase of land and interests in land.

2.—(1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973(69) has effect subject to the modifications set out in sub-paragraph (2).

(2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 (measure of compensation in case of severance) of the 1965 Act as substituted by paragraph 5—

(a) for the words “land is acquired or taken from” substitute “a right or restrictive covenant over land is purchased from or imposed on”; and

(b) for the words “acquired or taken from him” substitute “over which the right is exercisable or the restrictive covenant enforceable”.

3.—(1) Without limitation on the scope of paragraph 1, the 1961 Act has effect subject to the modifications set out in sub-paragraph (2).

(2) In section 5A(5A) (relevant valuation date), omit the words after “if—” and substitute— “(a) the acquiring authority enters on land for the purpose of exercising a right in pursuant of a notice of entry under section 11(1) of the 1965 Act (as modified by paragraph 5(5) of Schedule 10 (modification of compensation and compulsory purchase enactments for the creation of new rights and imposition of new restrictive covenants) to the Green Hill Solar Farm Order 2026;

(b) the acquiring authority is subsequently required by a determination under paragraph 12 of Schedule 2A to the 1965 Act (as substituted by paragraph 5(8) of Schedule 10 to the Green Hill Solar Farm Order 2026) to acquire an interest in the land; and

(c) the acquiring authority enters on and takes possession of that land,

(69) 1973 c. 26.

98Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. the authority is deemed for the purposes of subsection (3)(a) to have entered on that land where it entered on that land for the purpose of exercising that right.”.

Application of Part 1 of the 1965 Act

4. Part 1 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act, as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act to the acquisition of land under article 21 (compulsory acquisition of land) and as modified by article 28 (modification of Part 1 of the Compulsory Purchase Act 1965), applies to the compulsory acquisition of a right by the creation of a new right under article 24 (compulsory acquisition of rights)—

(a) with the modifications specified in paragraph 5; and

(b) with such other modifications as may be necessary.

5.—(1) The modifications referred to in paragraph 4(a) are as follows—

(2) References in the 1965 Act to land are, in the appropriate contexts, to be read (according to the requirements of the particular context) as referring to, or as including references to—

(a) the right acquired or to be acquired, or the restriction imposed or to be imposed; or

(b) the land over which the right is or is to be exercisable, or the restriction is to be enforceable.

(3) For section 7 of the 1965 Act (measure of compensation in case of severance) substitute— “7.. In assessing the compensation to be paid by the acquiring authority under this Act, regard must be had not only to the extent (if any) to which the value of the land over which the right is to be acquired or the restrictive covenant is to be imposed is depreciated by the acquisition of the right or the imposition of the covenant but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.”.

(4) The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say—

(a) section 9(4) (failure by owners to convey);

(b) paragraph 10(3) of Schedule 1 (owners under incapacity);

(c) paragraph 2(3) of Schedule 2 (absent and untraced owners); and

(d) paragraphs 2(3) and 7(2) of Schedule 4 (common land), are modified to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired or the restrictive covenant which is to be imposed is vested absolutely in the acquiring authority.

(5) Section 11(70) (powers of entry) of the 1965 Act is modified to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right or restrictive covenant, as well as the notice of entry required by subsection (1) of that section (as it applies to compulsory acquisition under article 21 (compulsory acquisition of land)), it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant (which is deemed for this purpose to have been created on the date of service of the notice); and sections 11A(71) (powers of entry: further notices of entry), 11B(72)

(70) Section 11 was amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c. 67), section 3 of, and Part 1 of Schedule 1 to, the Housing (Consequential Provisions) Act 1958 (c. 71), section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), sections 186(2) and 188 of, and paragraph 6 of Schedule 14 and paragraph 3 of Schedule 16 to, the Housing and Planning Act 2016 (c. 22) and S.I. 2009/1307.

(71) Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016.

99Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (counter-notice requiring possession to be taken on specified date), 12(73) (penalty for unauthorised entry) and 13(74) (refusal to give possession to acquiring authority) of the 1965 Act are modified correspondingly.

(6) Section 20(75) (tenants at will, etc.) of the 1965 Act applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right or enforcement of the restrictive covenant in question.

(7) Section 22 (interests omitted from purchase) of the 1965 Act as modified by article 27(3) (modification of Part 1 of the Compulsory Purchase Act 1965) is so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired or restrictive covenant imposed, subject to compliance with that section as respects compensation.

(8) For Schedule 2A to the 1965 Act (counter notice requiring purchase of land not in notice to treat) substitute— “SCHEDULE 2A COUNTER-NOTICE REQUIRING PURCHASE OF LAND

1.—(1) This Schedule applies where an acquiring authority serves a notice to treat in respect of a right over, or restrictive covenant affecting, the whole or part of a house, building or factory and have not executed a general vesting declaration under section 4 of the 1981 Act as applied by article 26 (application of the 1981 Act) of the Green Hill Solar Farm Order 2026 in respect of the land to which the notice to treat relates.

(2) But see article 29(3) (acquisition of subsoil only) of the Green Hill Solar Farm Order 2026 which excludes the acquisition of subsoil only from this Schedule.

2.. In this Schedule, “house” includes any park or garden belonging to a house.

Counter-notice requiring purchase of land

3.. A person who is able to sell the house, building or factory (“the owner”) may serve a counter- notice requiring the authority to purchase the owner’s interest in the house, building or factory.

4.. A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served.

Response to counter-notice

5.. On receiving a counter-notice, the acquiring authority must decide whether to—

(a) withdraw the notice to treat,

(b) accept the counter notice, or

(c) refer the counter notice to the Upper Tribunal.

(72) Section 11B was inserted by section 187(3) of the Housing and Planning Act 2016.

(73) Section 12 was amended by sections 56(2) of, and Part 1 of Schedule 9 to, the Courts Act 1971 (c. 23) and paragraphs (2) and (4) of Schedule 16 to the Housing and Planning Act 2016.

(74) Section 13 was amended by sections 62(3), 139(4) to (9) and 146 of, and paragraphs 27 and 28 of Schedule 13 and Part 3 of Schedule 23 to the Tribunals, Courts and Enforcement Act 2007 (c. 15).

(75) Section 20 was amended by paragraph 4 of Schedule 15 to the Planning and Compensation Act 1991 (c. 34) and S.I. 2009/1307.

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Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

6.. The authority must serve notice of their decision on the owner within the period of three months beginning with the day on which the counter-notice is served (“the decision period”).

7.. If the authority decides to refer the counter-notice to the Upper Tribunal they must do so within the decision period.

8.. If the authority does not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period.

9.. If the authority serves notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in the house, building or factory.

Determination by the Upper Tribunal

10.. On a referral under paragraph 7, the Upper Tribunal must determine whether the acquisition of the right or the imposition of the restrictive covenant would—

(a) in the case of a house, building or factory; cause material detriment to the house, building or factory, or

(b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs.

11.. In making its determination, the Upper Tribunal must take into account—

(a) the effect of the acquisition of the right or the imposition of the covenant,

(b) the use to be made of the right or covenant proposed to be acquired or imposed, and

(c) if the right or covenant is proposed to be acquired or imposed for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land.

12.. If the Upper Tribunal determines that the acquisition of the right or the imposition of the covenant would have either of the consequences described in paragraph 10, it must determine how much of the house, building or factory the authority ought to be required to take.

13.. If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in that land.

14.—(1) If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the authority may at any time within the period of six weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land.

(2) If the acquiring authority withdraws the notice to treat under this paragraph they must pay the person on whom the notice was served compensation for any loss or expense cause by the giving and withdrawal of the notice.

(3) Any dispute as to the compensation is to be determined by the Upper Tribunal.”.

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SCHEDULE 11 Article 31 LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

(1) (2) Plot reference number shown on the Land Purpose for which temporary possession may Plan be taken 01-001, 01-007, 01-011-c, 01-012-b, 01-019, Temporary use (including access and 01-020, 02-023, 02-024, 02-025-a, 02-025-c, compounds) to facilitate the construction of 03-030, 03-034-a, 03-034-c, 03-035, 04-038, Work Nos. 1 to 10.

04-039-b, 04-041-b, 04-044, 04-045, 04-046, 04-047, 04-048, 04-049, 06-058-a, 06-058-c, 07-066-a, 07-066-c, 07-066-e, 07-079, 08-083- b, 08-088, 08-092, 08-093-a, 08-093-c, 08-094- b, 08-096-a, 08-096-c, 09-091, 10-103-a, 10-103-c, 10-104-a, 10-104-c, 10-105, 10-106- a, 11-109-a, 11-110-a, 11-110-c, 11-111, 11-112, 11-114, 11-116-a, 11-116-c, 11-119-b, 11-120- a, 11-121-a, 12-131-a, 12-132, 12-133, 12-134, 12-135, 12-149, 12-150, 12-151, 12-152, 12-153, 12-154, 12-155-a, 12-156, 12-158, 12-159, 13-177-b, 13-184-b, 14-186, 14-187- b, 14-188, 14-189-b, 14-195, 15-202-a, 15-202- b, 15-202-c, 15-202-d, 15-203-b, 15-204-a, 15-204-c, 16-210-a, 16-211, 17-215-b, 17-216- a, 17-216-c, 18-223-a, 18-223-b, 18-223- c, 18-223-d, 18-223-e, 18-223-f, 18-223-g, 18-223-h, 18-223-i SCHEDULE 12 Article 40 HEDGEROWS TO BE REMOVED PART 1 REMOVAL OF HEDGEROWS

(1) (2) Hedgerow ID Extent of removal(1) AB10 Removal of part of approximately 116m of hedgerow within the area identified by orange line on sheet 1 of the hedgerow and tree protection order plan

(1) The extent to which each hedgerow listed in this table may be removed is controlled by the landscape and ecological management plan, pursuant to article 39(4) of the Order.

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Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

AB13 Removal of part of approximately 312m of hedgerow within the area identified by orange line on sheet 1 of the hedgerow and tree protection order plan AB14.2 Removal of part of approximately 14m of hedgerow within the area identified by orange line on sheet 1 of the hedgerow and tree protection order plan AB19 Removal of part of approximately 255m of hedgerow within the area identified by orange line on sheet 1 of the hedgerow and tree protection order plan AB20 Removal of part of approximately 229m of hedgerow within the area identified by orange line on sheet 1 of the hedgerow and tree protection order plan AB21.1 Removal of part of approximately 170m of hedgerow within the area identified by orange line on sheet 1 of the hedgerow and tree protection order plan AB21.2 Removal of part of approximately 16m of hedgerow within the area identified by orange line on sheet 1 of the hedgerow and tree protection order plan AB23 Removal of part of approximately 218m of hedgerow within the area identified by orange line on sheet 1 of the hedgerow and tree protection order plan AB24 Removal of part of approximately 234m of hedgerow within the area identified by orange line on sheet 1 of the hedgerow and tree protection order plan AB26 Removal of part of approximately 177m of hedgerow within the area identified by orange line on sheet 1 of the hedgerow and tree protection order plan AB55 Removal of part of approximately 222m of hedgerow within the area identified by orange line on sheet 1 of the hedgerow and tree protection order plan AB58 Removal of part of approximately 181m of hedgerow within the area identified by orange line on sheet 1 of the hedgerow and tree protection order plan

(1) The extent to which each hedgerow listed in this table may be removed is controlled by the landscape and ecological management plan, pursuant to article 39(4) of the Order.

103Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

AB59 Removal of part of approximately 135m of hedgerow within the area identified by orange line on sheet 1 of the hedgerow and tree protection order plan AB65 Removal of part of approximately 264m of hedgerow within the area identified by orange line on sheet 1 of the hedgerow and tree protection order plan AB66 Removal of part of approximately 185m of hedgerow within the area identified by orange line on sheet 1 of the hedgerow and tree protection order plan AB67 Removal of part of approximately 273m of hedgerow within the area identified by orange line on sheet 1 of the hedgerow and tree protection order plan A2B4.2 Removal of part of approximately 195m of hedgerow within the area identified by orange line on sheet 2 of the hedgerow and tree protection order plan AB1 Removal of part of approximately 209m of hedgerow within the area identified by orange line on sheet 2 of the hedgerow and tree protection order plan AB14.1 Removal of part of approximately 399m of hedgerow within the area identified by orange line on sheet 2 of the hedgerow and tree protection order plan AB17 Removal of part of approximately 280m of hedgerow within the area identified by orange line on sheet 2 of the hedgerow and tree protection order plan AB2 Removal of part of approximately 214m of hedgerow within the area identified by orange line on sheet 2 of the hedgerow and tree protection order plan AB8 Removal of part of approximately 185m of hedgerow within the area identified by orange line on sheet 2 of the hedgerow and tree protection order plan AB9 Removal of part of approximately 150m of hedgerow within the area identified by orange line on sheet 2 of the hedgerow and tree protection order plan

(1) The extent to which each hedgerow listed in this table may be removed is controlled by the landscape and ecological management plan, pursuant to article 39(4) of the Order.

104Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

H3b.1 Removal of part of approximately 6m of hedgerow within the area identified by orange line on sheet 2 of the hedgerow and tree protection order plan H3b.2 Removal of part of approximately 29m of hedgerow within the area identified by orange line on sheet 2 of the hedgerow and tree protection order plan A2B13 Removal of part of approximately 468m of hedgerow within the area identified by orange line on sheet 3 of the hedgerow and tree protection order plan A2B4.1 Removal of part of approximately 231m of hedgerow within the area identified by orange line on sheet 3 of the hedgerow and tree protection order plan A2B6 Removal of part of approximately 132m of hedgerow within the area identified by orange line on sheet 3 of the hedgerow and tree protection order plan A2B9 Removal of part of approximately 123m of hedgerow within the area identified by orange line on sheet 3 of the hedgerow and tree protection order plan H228 Removal of part of approximately 25m of hedgerow within the area identified by orange line on sheet 3 of the hedgerow and tree protection order plan H3 Removal of part of approximately 294m of hedgerow within the area identified by orange line on sheet 3 of the hedgerow and tree protection order plan CR1aB18.1 Removal of part of approximately 364m of hedgerow within the area identified by orange line on sheet 4 of the hedgerow and tree protection order plan CR1aB19.2 Removal of part of approximately 247m of hedgerow within the area identified by orange line on sheet 4 of the hedgerow and tree protection order plan CR1aB19.5 Removal of part of approximately 72m of hedgerow within the area identified by orange line on sheet 4 of the hedgerow and tree protection order plan

(1) The extent to which each hedgerow listed in this table may be removed is controlled by the landscape and ecological management plan, pursuant to article 39(4) of the Order.

105Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

CR1aB21 Removal of part of approximately 160m of hedgerow within the area identified by orange line on sheet 4 of the hedgerow and tree protection order plan CR1aB23 Removal of part of approximately 459m of hedgerow within the area identified by orange line on sheet 4 of the hedgerow and tree protection order plan H229 Removal of part of approximately 25m of hedgerow within the area identified by orange line on sheet 4 of the hedgerow and tree protection order plan CR1B6 Removal of part of approximately 316m of hedgerow within the area identified by orange line on sheet 5 of the hedgerow and tree protection order plan CR2aB4 Removal of part of approximately 327m of hedgerow within the area identified by orange line on sheet 5 of the hedgerow and tree protection order plan CR2aB5 Removal of part of approximately 248m of hedgerow within the area identified by orange line on sheet 5 of the hedgerow and tree protection order plan H224 Removal of part of approximately 230m of hedgerow within the area identified by orange line on sheet 5 of the hedgerow and tree protection order plan CB12 Removal of part of approximately 110m of hedgerow within the area identified by orange line on sheet 7 of the hedgerow and tree protection order plan CB5 Removal of part of approximately 81m of hedgerow within the area identified by orange line on sheet 7 of the hedgerow and tree protection order plan H222 Removal of part of approximately 160m of hedgerow within the area identified by orange line on sheet 7 of the hedgerow and tree protection order plan EB10 Removal of part of approximately 165m of hedgerow within the area identified by orange line on sheet 8 of the hedgerow and tree protection order plan

(1) The extent to which each hedgerow listed in this table may be removed is controlled by the landscape and ecological management plan, pursuant to article 39(4) of the Order.

106Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

EB14 Removal of part of approximately 200m of hedgerow within the area identified by orange line on sheet 8 of the hedgerow and tree protection order plan EB15 Removal of part of approximately 151m of hedgerow within the area identified by orange line on sheet 8 of the hedgerow and tree protection order plan EB16 Removal of part of approximately 198m of hedgerow within the area identified by orange line on sheet 8 of the hedgerow and tree protection order plan EB20 Removal of part of approximately 364m of hedgerow within the area identified by orange line on sheet 8 of the hedgerow and tree protection order plan EB21 Removal of part of approximately 118m of hedgerow within the area identified by orange line on sheet 8 of the hedgerow and tree protection order plan EB26 Removal of part of approximately 272m of hedgerow within the area identified by orange line on sheet 8 of the hedgerow and tree protection order plan EB27 Removal of part of approximately 224m of hedgerow within the area identified by orange line on sheet 8 of the hedgerow and tree protection order plan EB28 Removal of part of approximately 275m of hedgerow within the area identified by orange line on sheet 8 of the hedgerow and tree protection order plan EB30 Removal of part of approximately 436m of hedgerow within the area identified by orange line on sheet 8 of the hedgerow and tree protection order plan EB4.1 Removal of part of approximately 340m of hedgerow within the area identified by orange line on sheet 8 of the hedgerow and tree protection order plan EB41 Removal of part of approximately 144m of hedgerow within the area identified by orange line on sheet 8 of the hedgerow and tree protection order plan

(1) The extent to which each hedgerow listed in this table may be removed is controlled by the landscape and ecological management plan, pursuant to article 39(4) of the Order.

107Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

EB5 Removal of part of approximately 67m of hedgerow within the area identified by orange line on sheet 8 of the hedgerow and tree protection order plan EB51 Removal of part of approximately 146m of hedgerow within the area identified by orange line on sheet 8 of the hedgerow and tree protection order plan EB6 Removal of part of approximately 189m of hedgerow within the area identified by orange line on sheet 8 of the hedgerow and tree protection order plan EB9 Removal of part of approximately 151m of hedgerow within the area identified by orange line on sheet 8 of the hedgerow and tree protection order plan EB59 Removal of part of approximately 309m of hedgerow within the area identified by orange line on sheet 9 of the hedgerow and tree protection order plan EB66 Removal of part of approximately 242m of hedgerow within the area identified by orange line on sheet 9 of the hedgerow and tree protection order plan EB69 Removal of part of approximately 210m of hedgerow within the area identified by orange line on sheet 9 of the hedgerow and tree protection order plan EB70 Removal of part of approximately 325m of hedgerow within the area identified by orange line on sheet 9 of the hedgerow and tree protection order plan EB71 Removal of part of approximately 185m of hedgerow within the area identified by orange line on sheet 9 of the hedgerow and tree protection order plan CR5aB15 Removal of part of approximately 227m of hedgerow within the area identified by orange line on sheet 10 of the hedgerow and tree protection order plan CR5aB6 Removal of part of approximately 751m of hedgerow within the area identified by orange line on sheet 10 of the hedgerow and tree protection order plan

(1) The extent to which each hedgerow listed in this table may be removed is controlled by the landscape and ecological management plan, pursuant to article 39(4) of the Order.

108Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

CR5aB8 Removal of part of approximately 113m of hedgerow within the area identified by orange line on sheet 10 of the hedgerow and tree protection order plan EB54 Removal of part of approximately 201m of hedgerow within the area identified by orange line on sheet 10 of the hedgerow and tree protection order plan EB82 Removal of part of approximately 273m of hedgerow within the area identified by orange line on sheet 10 of the hedgerow and tree protection order plan EB84.1 Removal of part of approximately 229m of hedgerow within the area identified by orange line on sheet 10 of the hedgerow and tree protection order plan EB85 Removal of part of approximately 306m of hedgerow within the area identified by orange line on sheet 10 of the hedgerow and tree protection order plan EB88.2 Removal of part of approximately 99m of hedgerow within the area identified by orange line on sheet 10 of the hedgerow and tree protection order plan EB92 Removal of part of approximately 76m of hedgerow within the area identified by orange line on sheet 10 of the hedgerow and tree protection order plan H104 Removal of part of approximately 47m of hedgerow within the area identified by orange line on sheet 10 of the hedgerow and tree protection order plan H236 Removal of part of approximately 41m of hedgerow within the area identified by orange line on sheet 10 of the hedgerow and tree protection order plan CR5aB21 Removal of part of approximately 384m of hedgerow within the area identified by orange line on sheet 11 of the hedgerow and tree protection order plan CR5aB27 Removal of part of approximately 81m of hedgerow within the area identified by orange line on sheet 11 of the hedgerow and tree protection order plan

(1) The extent to which each hedgerow listed in this table may be removed is controlled by the landscape and ecological management plan, pursuant to article 39(4) of the Order.

109Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

CR5aB28 Removal of part of approximately 148m of hedgerow within the area identified by orange line on sheet 11 of the hedgerow and tree protection order plan CR5aB30 Removal of part of approximately 441m of hedgerow within the area identified by orange line on sheet 11 of the hedgerow and tree protection order plan CR5aB31 Removal of part of approximately 87m of hedgerow within the area identified by orange line on sheet 11 of the hedgerow and tree protection order plan CR5aB34 Removal of part of approximately 60m of hedgerow within the area identified by orange line on sheet 11 of the hedgerow and tree protection order plan CR5aB36 Removal of part of approximately 307m of hedgerow within the area identified by orange line on sheet 11 of the hedgerow and tree protection order plan H122a Removal of part of approximately 52m of hedgerow within the area identified by orange line on sheet 11 of the hedgerow and tree protection order plan H218 Removal of part of approximately 82m of hedgerow within the area identified by orange line on sheet 11 of the hedgerow and tree protection order plan H219 Removal of part of approximately 179m of hedgerow within the area identified by orange line on sheet 11 of the hedgerow and tree protection order plan CR5aB39 Removal of part of approximately 221m of hedgerow within the area identified by orange line on sheet 12 of the hedgerow and tree protection order plan CR5aB41 Removal of part of approximately 265m of hedgerow within the area identified by orange line on sheet 12 of the hedgerow and tree protection order plan CR5aB42.1 Removal of part of approximately 90m of hedgerow within the area identified by orange line on sheet 12 of the hedgerow and tree protection order plan

(1) The extent to which each hedgerow listed in this table may be removed is controlled by the landscape and ecological management plan, pursuant to article 39(4) of the Order.

110Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

CR5aB43 Removal of part of approximately 296m of hedgerow within the area identified by orange line on sheet 12 of the hedgerow and tree protection order plan CR5aB44 Removal of part of approximately 267m of hedgerow within the area identified by orange line on sheet 12 of the hedgerow and tree protection order plan CR5aB48 Removal of part of approximately 61m of hedgerow within the area identified by orange line on sheet 12 of the hedgerow and tree protection order plan CR6B1 Removal of part of approximately 153m of hedgerow within the area identified by orange line on sheet 12 of the hedgerow and tree protection order plan CR6B4 Removal of part of approximately 113m of hedgerow within the area identified by orange line on sheet 12 of the hedgerow and tree protection order plan H126b Removal of part of approximately 85m of hedgerow within the area identified by orange line on sheet 12 of the hedgerow and tree protection order plan H243 Removal of part of approximately 156m of hedgerow within the area identified by orange line on sheet 12 of the hedgerow and tree protection order plan BESSB3.1 Removal of part of approximately 409m of hedgerow within the area identified by orange line on sheet 13 of the hedgerow and tree protection order plan BESSB5 Removal of part of approximately 83m of hedgerow within the area identified by orange line on sheet 13 of the hedgerow and tree protection order plan H191 Removal of part of approximately 106m of hedgerow within the area identified by orange line on sheet 13 of the hedgerow and tree protection order plan CR7B7 Removal of part of approximately 376m of hedgerow within the area identified by orange line on sheet 14 of the hedgerow and tree protection order plan

(1) The extent to which each hedgerow listed in this table may be removed is controlled by the landscape and ecological management plan, pursuant to article 39(4) of the Order.

111Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

FB31 Removal of part of approximately 88m of hedgerow within the area identified by orange line on sheet 14 of the hedgerow and tree protection order plan FB44 Removal of part of approximately 569m of hedgerow within the area identified by orange line on sheet 14 of the hedgerow and tree protection order plan FB45 Removal of part of approximately 194m of hedgerow within the area identified by orange line on sheet 14 of the hedgerow and tree protection order plan H237 Removal of part of approximately 16m of hedgerow within the area identified by orange line on sheet 14 of the hedgerow and tree protection order plan H246 Removal of part of approximately 206m of hedgerow within the area identified by orange line on sheet 14 of the hedgerow and tree protection order plan FB15 Removal of part of approximately 144m of hedgerow within the area identified by orange line on sheet 15 of the hedgerow and tree protection order plan FB16 Removal of part of approximately 289m of hedgerow within the area identified by orange line on sheet 15 of the hedgerow and tree protection order plan FB20.1 Removal of part of approximately 259m of hedgerow within the area identified by orange line on sheet 15 of the hedgerow and tree protection order plan FB20.2 Removal of part of approximately 68m of hedgerow within the area identified by orange line on sheet 15 of the hedgerow and tree protection order plan FB3 Removal of part of approximately 305m of hedgerow within the area identified by orange line on sheet 15 of the hedgerow and tree protection order plan FB42 Removal of part of approximately 186m of hedgerow within the area identified by orange line on sheet 15 of the hedgerow and tree protection order plan

(1) The extent to which each hedgerow listed in this table may be removed is controlled by the landscape and ecological management plan, pursuant to article 39(4) of the Order.

112Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

FB43 Removal of part of approximately 163m of hedgerow within the area identified by orange line on sheet 15 of the hedgerow and tree protection order plan FB48 Removal of part of approximately 150m of hedgerow within the area identified by orange line on sheet 15 of the hedgerow and tree protection order plan FB57 Removal of part of approximately 204m of hedgerow within the area identified by orange line on sheet 15 of the hedgerow and tree protection order plan FB6 Removal of part of approximately 87m of hedgerow within the area identified by orange line on sheet 15 of the hedgerow and tree protection order plan FB7 Removal of part of approximately 164m of hedgerow within the area identified by orange line on sheet 15 of the hedgerow and tree protection order plan FB64 Removal of part of approximately 165m of hedgerow within the area identified by orange line on sheet 16 of the hedgerow and tree protection order plan FB65 Removal of part of approximately 77m of hedgerow within the area identified by orange line on sheet 16 of the hedgerow and tree protection order plan FB73 Removal of part of approximately 428m of hedgerow within the area identified by orange line on sheet 16 of the hedgerow and tree protection order plan FB75 Removal of part of approximately 204m of hedgerow within the area identified by orange line on sheet 16 of the hedgerow and tree protection order plan FB76 Removal of part of approximately 414m of hedgerow within the area identified by orange line on sheet 16 of the hedgerow and tree protection order plan FB85 Removal of part of approximately 197m of hedgerow within the area identified by orange line on sheet 16 of the hedgerow and tree protection order plan

(1) The extent to which each hedgerow listed in this table may be removed is controlled by the landscape and ecological management plan, pursuant to article 39(4) of the Order.

113Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

CR9B1 Removal of part of approximately 306m of hedgerow within the area identified by orange line on sheet 17 of the hedgerow and tree protection order plan CR9B4 Removal of part of approximately 374m of hedgerow within the area identified by orange line on sheet 17 of the hedgerow and tree protection order plan H231 Removal of part of approximately 12m of hedgerow within the area identified by orange line on sheet 17 of the hedgerow and tree protection order plan H232 Removal of part of approximately 263m of hedgerow within the area identified by orange line on sheet 17 of the hedgerow and tree protection order plan H233 Removal of part of approximately 8m of hedgerow within the area identified by orange line on sheet 17 of the hedgerow and tree protection order plan H235 Removal of part of approximately 17m of hedgerow within the area identified by orange line on sheet 17 of the hedgerow and tree protection order plan GB16 Removal of part of approximately 141m of hedgerow within the area identified by orange line on sheet 18 of the hedgerow and tree protection order plan

(1) The extent to which each hedgerow listed in this table may be removed is controlled by the landscape and ecological management plan, pursuant to article 39(4) of the Order.

PART 2 REMOVAL OF POTENTIALLY IMPORTANT HEDGEROWS

(1) (2) Hedgerow ID Extent of removal(2) H220 Removal of part of approximately 63m of hedgerow within the area identified by pale green line on sheet 8 of the hedgerow and tree protection order plan CR6B2.2 Removal of part of approximately 56m of hedgerow within the area identified by pale

(2) The extent to which each hedgerow listed in this table may be removed is controlled by the landscape and ecological management plan, pursuant to article 40(4) of the Order.

114Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. green line on sheet 12 of the hedgerow and tree protection order plan CR6B5.2 Removal of part of approximately 176m of hedgerow within the area identified by pale green line on sheet 12 of the hedgerow and tree protection order plan CR6B5.4 Removal of part of approximately 168m of hedgerow within the area identified by pale green line on sheet 12 of the hedgerow and tree protection order plan H174 Removal of part of approximately 81m of hedgerow within the area identified by pale green line on sheet 12 of the hedgerow and tree protection order plan

(2) The extent to which each hedgerow listed in this table may be removed is controlled by the landscape and ecological management plan, pursuant to article 40(4) of the Order.

PART 3 REMOVAL OF IMPORTANT HEDGEROWS

(1) (2) Hedgerow ID Extent of removal(3) AB11.1 Removal of part of approximately 149m of hedgerow within the area identified by green line on sheet 1 of the hedgerow and tree protection

order plan AB11.2 Removal of part of approximately 154m of hedgerow within the area identified by green line on sheet 1 of the hedgerow and tree protection

order plan AB12 Removal of part of approximately 204m of hedgerow within the area identified by green line on sheet 1 of the hedgerow and tree protection

order plan AB15.2 Removal of part of approximately 87m of hedgerow within the area identified by green line on sheet 1 of the hedgerow and tree protection

order plan AB16 Removal of part of approximately 399m of hedgerow within the area identified by green line on sheet 1 of the hedgerow and tree protection

order plan

(3) To extent to which each hedgerow listed in this table may be removed is controlled by the landscape and ecological management plan, pursuant to article 40(4) of the Order.

115Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

AB22.1 Removal of part of approximately 126m of hedgerow within the area identified by green line on sheet 1 of the hedgerow and tree protection

order plan AB22.2 Removal of part of approximately 123m of hedgerow within the area identified by green line on sheet 1 of the hedgerow and tree protection

order plan AB27.1 Removal of part of approximately 170m of hedgerow within the area identified by green line on sheet 1 of the hedgerow and tree protection

order plan AB27.2 Removal of part of approximately 40m of hedgerow within the area identified by green line on sheet 1 of the hedgerow and tree protection

order plan AB28 Removal of part of approximately 326m of hedgerow within the area identified by green line on sheet 1 of the hedgerow and tree protection

order plan AB29 Removal of part of approximately 402m of hedgerow within the area identified by green line on sheet 1 of the hedgerow and tree protection

order plan AB31 Removal of part of approximately 353m of hedgerow within the area identified by green line on sheet 1 of the hedgerow and tree protection

order plan AB32 Removal of part of approximately 488m of hedgerow within the area identified by green line on sheet 1 of the hedgerow and tree protection

order plan AB33.1 Removal of part of approximately 289m of hedgerow within the area identified by green line on sheet 1 of the hedgerow and tree protection

order plan AB33.2 Removal of part of approximately 156m of hedgerow within the area identified by green line on sheet 1 of the hedgerow and tree protection

order plan AB34 Removal of part of approximately 262m of hedgerow within the area identified by green line on sheet 1 of the hedgerow and tree protection

order plan

(3) To extent to which each hedgerow listed in this table may be removed is controlled by the landscape and ecological management plan, pursuant to article 40(4) of the Order.

116Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

AB35 Removal of part of approximately 270m of hedgerow within the area identified by green line on sheet 1 of the hedgerow and tree protection

order plan AB36 Removal of part of approximately 133m of hedgerow within the area identified by green line on sheet 1 of the hedgerow and tree protection

order plan AB37 Removal of part of approximately 186m of hedgerow within the area identified by green line on sheet 1 of the hedgerow and tree protection

order plan AB38 Removal of part of approximately 152m of hedgerow within the area identified by green line on sheet 1 of the hedgerow and tree protection

order plan AB39 Removal of part of approximately 117m of hedgerow within the area identified by green line on sheet 1 of the hedgerow and tree protection

order plan AB40.1 Removal of part of approximately 166m of hedgerow within the area identified by green line on sheet 1 of the hedgerow and tree protection

order plan AB40.2 Removal of part of approximately 49m of hedgerow within the area identified by green line on sheet 1 of the hedgerow and tree protection

order plan AB41 Removal of part of approximately 387m of hedgerow within the area identified by green line on sheet 1 of the hedgerow and tree protection

order plan AB42.1 Removal of part of approximately 141m of hedgerow within the area identified by green line on sheet 1 of the hedgerow and tree protection

order plan AB42.2 Removal of part of approximately 28m of hedgerow within the area identified by green line on sheet 1 of the hedgerow and tree protection

order plan AB43.1 Removal of part of approximately 137m of hedgerow within the area identified by green line on sheet 1 of the hedgerow and tree protection

order plan

(3) To extent to which each hedgerow listed in this table may be removed is controlled by the landscape and ecological management plan, pursuant to article 40(4) of the Order.

117Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

AB43.2 Removal of part of approximately 90m of hedgerow within the area identified by green line on sheet 1 of the hedgerow and tree protection

order plan AB44 Removal of part of approximately 501m of hedgerow within the area identified by green line on sheet 1 of the hedgerow and tree protection

order plan AB45 Removal of part of approximately 157m of hedgerow within the area identified by green line on sheet 1 of the hedgerow and tree protection

order plan AB46 Removal of part of approximately 313m of hedgerow within the area identified by green line on sheet 1 of the hedgerow and tree protection

order plan AB47 Removal of part of approximately 246m of hedgerow within the area identified by green line on sheet 1 of the hedgerow and tree protection

order plan AB48 Removal of part of approximately 39m of hedgerow within the area identified by green line on sheet 1 of the hedgerow and tree protection

order plan AB49 Removal of part of approximately 114m of hedgerow within the area identified by green line on sheet 1 of the hedgerow and tree protection

order plan AB51 Removal of part of approximately 289m of hedgerow within the area identified by green line on sheet 1 of the hedgerow and tree protection

order plan AB52 Removal of part of approximately 346m of hedgerow within the area identified by green line on sheet 1 of the hedgerow and tree protection

order plan AB53 Removal of part of approximately 134m of hedgerow within the area identified by green line on sheet 1 of the hedgerow and tree protection

order plan AB54 Removal of part of approximately 194m of hedgerow within the area identified by green line on sheet 1 of the hedgerow and tree protection

order plan

(3) To extent to which each hedgerow listed in this table may be removed is controlled by the landscape and ecological management plan, pursuant to article 40(4) of the Order.

118Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

AB57 Removal of part of approximately 210m of hedgerow within the area identified by green line on sheet 1 of the hedgerow and tree protection

order plan AB60 Removal of part of approximately 194m of hedgerow within the area identified by green line on sheet 1 of the hedgerow and tree protection

order plan AB61 Removal of part of approximately 666m of hedgerow within the area identified by green line on sheet 1 of the hedgerow and tree protection

order plan AB62.1 Removal of part of approximately 635m of hedgerow within the area identified by green line on sheet 1 of the hedgerow and tree protection

order plan AB62.2 Removal of part of approximately 635m of hedgerow within the area identified by green line on sheet 1 of the hedgerow and tree protection

order plan AB63 Removal of part of approximately 215m of hedgerow within the area identified by green line on sheet 1 of the hedgerow and tree protection

order plan AB64 Removal of part of approximately 301m of hedgerow within the area identified by green line on sheet 1 of the hedgerow and tree protection

order plan AB68 Removal of part of approximately 302m of hedgerow within the area identified by green line on sheet 1 of the hedgerow and tree protection

order plan A2B1 Removal of part of approximately 410m of hedgerow within the area identified by an green line on sheet 2 of the hedgerow and tree protection order plan A2B5 Removal of part of approximately 480m of hedgerow within the area identified by green line on sheet 2 of the hedgerow and tree protection

order plan AB15.1 Removal of part of approximately 203m of hedgerow within the area identified by green line on sheet 2 of the hedgerow and tree protection

order plan

(3) To extent to which each hedgerow listed in this table may be removed is controlled by the landscape and ecological management plan, pursuant to article 40(4) of the Order.

119Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

AB18 Removal of part of approximately 209m of hedgerow within the area identified by green line on sheet 2 of the hedgerow and tree protection

order plan AB3 Removal of part of approximately 156m of hedgerow within the area identified by green line on sheet 2 of the hedgerow and tree protection

order plan AB4 Removal of part of approximately 172m of hedgerow within the area identified by green line on sheet 2 of the hedgerow and tree protection

order plan AB5 Removal of part of approximately 262m of hedgerow within the area identified by green line on sheet 2 of the hedgerow and tree protection

order plan AB6 Removal of part of approximately 180m of hedgerow within the area identified by green line on sheet 2 of the hedgerow and tree protection

order plan AB7 Removal of part of approximately 174m of hedgerow within the area identified by green line on sheet 2 of the hedgerow and tree protection

order plan CR1aB01 Removal of part of approximately 214m of hedgerow within the area identified by green line on sheet 2 of the hedgerow and tree protection

order plan CR1aB03 Removal of part of approximately 80m of hedgerow within the area identified by green line on sheet 2 of the hedgerow and tree protection

order plan CR1aB04 Removal of part of approximately 433m of hedgerow within the area identified by green line on sheet 2 of the hedgerow and tree protection

order plan H215 Removal of part of approximately 25m of hedgerow within the area identified by green line on sheet 2 of the hedgerow and tree protection

order plan A2B10.1 Removal of part of approximately 600m of hedgerow within the area identified by green line on sheet 3 of the hedgerow and tree protection

order plan

(3) To extent to which each hedgerow listed in this table may be removed is controlled by the landscape and ecological management plan, pursuant to article 40(4) of the Order.

120Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

A2B10.2 Removal of part of approximately 227m of hedgerow within the area identified by green line on sheet 3 of the hedgerow and tree protection

order plan A2B11 Removal of part of approximately 295m of hedgerow within the area identified by green line on sheet 3 of the hedgerow and tree protection

order plan A2B12 Removal of part of approximately 624m of hedgerow within the area identified by green line on sheet 3 of the hedgerow and tree protection

order plan A2B2 Removal of part of approximately 503m of hedgerow within the area identified by green line on sheet 3 of the hedgerow and tree protection

order plan A2B3 Removal of part of approximately 176m of hedgerow within the area identified by green line on sheet 3 of the hedgerow and tree protection

order plan A2B7 Removal of part of approximately 545m of hedgerow within the area identified by green line on sheet 3 of the hedgerow and tree protection

order plan A2B8 Removal of part of approximately 286m of hedgerow within the area identified by green line on sheet 3 of the hedgerow and tree protection

order plan CR1aB05 Removal of part of approximately 187m of hedgerow within the area identified by green line on sheet 3 of the hedgerow and tree protection

order plan CR1aB06 Removal of part of approximately 346m of hedgerow within the area identified by green line on sheet 3 of the hedgerow and tree protection

order plan CR1aB07 Removal of part of approximately 195m of hedgerow within the area identified by green line on sheet 3 of the hedgerow and tree protection

order plan CR1aB08 Removal of part of approximately 225m of hedgerow within the area identified by green line on sheet 3 of the hedgerow and tree protection

order plan

(3) To extent to which each hedgerow listed in this table may be removed is controlled by the landscape and ecological management plan, pursuant to article 40(4) of the Order.

121Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

CR1aB09 Removal of part of approximately 246m of hedgerow within the area identified by green line on sheet 3 of the hedgerow and tree protection

order plan CR1aB10 Removal of part of approximately 730m of hedgerow within the area identified by green line on sheet 3 of the hedgerow and tree protection

order plan CR1aB11 Removal of part of approximately 278m of hedgerow within the area identified by green line on sheet 3 of the hedgerow and tree protection

order plan CR1aB14 Removal of part of approximately 221m of hedgerow within the area identified by green line on sheet 3 of the hedgerow and tree protection

order plan CR1aB15 Removal of part of approximately 229m of hedgerow within the area identified by green line on sheet 3 of the hedgerow and tree protection

order plan CR1aB16 Removal of part of approximately 449m of hedgerow within the area identified by green line on sheet 3 of the hedgerow and tree protection

order plan H242 Removal of part of approximately 182m of hedgerow within the area identified by green line on sheet 3 of the hedgerow and tree protection

order plan H4 Removal of part of approximately 69m of hedgerow within the area identified by green line on sheet 3 of the hedgerow and tree protection

order plan CR1aB17 Removal of part of approximately 378m of hedgerow within the area identified by green line on sheet 4 of the hedgerow and tree protection

order plan CR1aB18.2 Removal of part of approximately 65m of hedgerow within the area identified by green line on sheet 4 of the hedgerow and tree protection

order plan CR1aB19.3 Removal of part of approximately 51m of hedgerow within the area identified by green line on sheet 4 of the hedgerow and tree protection

order plan

(3) To extent to which each hedgerow listed in this table may be removed is controlled by the landscape and ecological management plan, pursuant to article 40(4) of the Order.

122Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

CR1aB19.4 Removal of part of approximately 19m of hedgerow within the area identified by green line on sheet 4 of the hedgerow and tree protection

order plan CR1aB20 Removal of part of approximately 108m of hedgerow within the area identified by green line on sheet 4 of the hedgerow and tree protection

order plan CR1aB22 Removal of part of approximately 279m of hedgerow within the area identified by green line on sheet 4 of the hedgerow and tree protection

order plan CR1B1 Removal of part of approximately 200m of hedgerow within the area identified by green line on sheet 4 of the hedgerow and tree protection

order plan CR1B10 Removal of part of approximately 113m of hedgerow within the area identified by green line on sheet 4 of the hedgerow and tree protection

order plan CR1B2 Removal of part of approximately 192m of hedgerow within the area identified by green line on sheet 4 of the hedgerow and tree protection

order plan CR1B3 Removal of part of approximately 259m of hedgerow within the area identified by green line on sheet 4 of the hedgerow and tree protection

order plan CR1B7.1 Removal of part of approximately 193m of hedgerow within the area identified by green line on sheet 4 of the hedgerow and tree protection

order plan CR1B8.2 Removal of part of approximately 539m of hedgerow within the area identified by green line on sheet 4 of the hedgerow and tree protection

order plan CR1B9 Removal of part of approximately 392m of hedgerow within the area identified by green line on sheet 4 of the hedgerow and tree protection

order plan CR1B4 Removal of part of approximately 396m of hedgerow within the area identified by green line on sheet 5 of the hedgerow and tree protection

order plan

(3) To extent to which each hedgerow listed in this table may be removed is controlled by the landscape and ecological management plan, pursuant to article 40(4) of the Order.

123Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

CR1B7.2 Removal of part of approximately 811m of hedgerow within the area identified by green line on sheet 5 of the hedgerow and tree protection

order plan CR1B8.1 Removal of part of approximately 569m of hedgerow within the area identified by green line on sheet 5 of the hedgerow and tree protection

order plan CR1bB19 Removal of part of approximately 389m of hedgerow within the area identified by green line on sheet 5 of the hedgerow and tree protection

order plan CR1bB22 Removal of part of approximately 227m of hedgerow within the area identified by green line on sheet 5 of the hedgerow and tree protection

order plan CR2aB1 Removal of part of approximately 356m of hedgerow within the area identified by green line on sheet 5 of the hedgerow and tree protection

order plan CR2aB2 Removal of part of approximately 299m of hedgerow within the area identified by green line on sheet 5 of the hedgerow and tree protection

order plan CR2aB3.1 Removal of part of approximately 62m of hedgerow within the area identified by green line on sheet 5 of the hedgerow and tree protection

order plan CR2aB6 Removal of part of approximately 268m of hedgerow within the area identified by green line on sheet 5 of the hedgerow and tree protection

order plan BB1 Removal of part of approximately 346m of hedgerow within the area identified by green line on sheet 6 of the hedgerow and tree protection

order plan BB10 Removal of part of approximately 479m of hedgerow within the area identified by green line on sheet 6 of the hedgerow and tree protection

order plan BB11 Removal of part of approximately 209m of hedgerow within the area identified by green line on sheet 6 of the hedgerow and tree protection

order plan

(3) To extent to which each hedgerow listed in this table may be removed is controlled by the landscape and ecological management plan, pursuant to article 40(4) of the Order.

124Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

BB12 Removal of part of approximately 403m of hedgerow within the area identified by green line on sheet 6 of the hedgerow and tree protection

order plan BB13 Removal of part of approximately 223m of hedgerow within the area identified by green line on sheet 6 of the hedgerow and tree protection

order plan BB14 Removal of part of approximately 96m of hedgerow within the area identified by green line on sheet 6 of the hedgerow and tree protection

order plan BB2.1 Removal of part of approximately 154m of hedgerow within the area identified by green line on sheet 6 of the hedgerow and tree protection

order plan BB2.2 Removal of part of approximately 14m of hedgerow within the area identified by green line on sheet 6 of the hedgerow and tree protection

order plan BB3 Removal of part of approximately 459m of hedgerow within the area identified by green line on sheet 6 of the hedgerow and tree protection

order plan BB4 Removal of part of approximately 369m of hedgerow within the area identified by green line on sheet 6 of the hedgerow and tree protection

order plan BB5 Removal of part of approximately 204m of hedgerow within the area identified by green line on sheet 6 of the hedgerow and tree protection

order plan BB6 Removal of part of approximately 638m of hedgerow within the area identified by green line on sheet 6 of the hedgerow and tree protection

order plan BB7 Removal of part of approximately 365m of hedgerow within the area identified by green line on sheet 6 of the hedgerow and tree protection

order plan BB8 Removal of part of approximately 421m of hedgerow within the area identified by green line on sheet 6 of the hedgerow and tree protection

order plan

(3) To extent to which each hedgerow listed in this table may be removed is controlled by the landscape and ecological management plan, pursuant to article 40(4) of the Order.

125Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

BB9.1 Removal of part of approximately 350m of hedgerow within the area identified by green line on sheet 6 of the hedgerow and tree protection

order plan BB9.2 Removal of part of approximately 113m of hedgerow within the area identified by green line on sheet 6 of the hedgerow and tree protection

order plan CR1bB1 Removal of part of approximately 230m of hedgerow within the area identified by green line on sheet 6 of the hedgerow and tree protection

order plan CR1bB10.1 Removal of part of approximately 208m of hedgerow within the area identified by green line on sheet 6 of the hedgerow and tree protection

order plan CR1bB10.2 Removal of part of approximately 316m of hedgerow within the area identified by green line on sheet 6 of the hedgerow and tree protection

order plan CR1bB10.3 Removal of part of approximately 208m of hedgerow within the area identified by green line on sheet 6 of the hedgerow and tree protection

order plan CR1bB11.1 Removal of part of approximately 208m of hedgerow within the area identified by green line on sheet 6 of the hedgerow and tree protection

order plan CR1bB11.2 Removal of part of approximately 254m of hedgerow within the area identified by green line on sheet 6 of the hedgerow and tree protection

order plan CR1bB12.1 Removal of part of approximately 298m of hedgerow within the area identified by green line on sheet 6 of the hedgerow and tree protection

order plan CR1bB12.2 Removal of part of approximately 375m of hedgerow within the area identified by green line on sheet 6 of the hedgerow and tree protection

order plan CR1bB12.3 Removal of part of approximately 312m of hedgerow within the area identified by green line on sheet 6 of the hedgerow and tree protection

order plan

(3) To extent to which each hedgerow listed in this table may be removed is controlled by the landscape and ecological management plan, pursuant to article 40(4) of the Order.

126Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

CR1bB13 Removal of part of approximately 117m of hedgerow within the area identified by green line on sheet 6 of the hedgerow and tree protection

order plan CR1bB14 Removal of part of approximately 286m of hedgerow within the area identified by green line on sheet 6 of the hedgerow and tree protection

order plan CR1bB15 Removal of part of approximately 293m of hedgerow within the area identified by green line on sheet 6 of the hedgerow and tree protection

order plan CR1bB16 Removal of part of approximately 512m of hedgerow within the area identified by green line on sheet 6 of the hedgerow and tree protection

order plan CR1bB17 Removal of part of approximately 411m of hedgerow within the area identified by green line on sheet 6 of the hedgerow and tree protection

order plan CR1bB18 Removal of part of approximately 596m of hedgerow within the area identified by green line on sheet 6 of the hedgerow and tree protection

order plan CR1bB2 Removal of part of approximately 38m of hedgerow within the area identified by green line on sheet 6 of the hedgerow and tree protection

order plan CR1bB20 Removal of part of approximately 359m of hedgerow within the area identified by green line on sheet 6 of the hedgerow and tree protection

order plan CR1bB21 Removal of part of approximately 222m of hedgerow within the area identified by green line on sheet 6 of the hedgerow and tree protection

order plan CR1bB3 Removal of part of approximately 109m of hedgerow within the area identified by green line on sheet 6 of the hedgerow and tree protection

order plan CR1bB4 Removal of part of approximately 102m of hedgerow within the area identified by green line on sheet 6 of the hedgerow and tree protection

order plan

(3) To extent to which each hedgerow listed in this table may be removed is controlled by the landscape and ecological management plan, pursuant to article 40(4) of the Order.

127Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

CR1bB5 Removal of part of approximately 75m of hedgerow within the area identified by green line on sheet 6 of the hedgerow and tree protection

order plan CR1bB6 Removal of part of approximately 376m of hedgerow within the area identified by green line on sheet 6 of the hedgerow and tree protection

order plan CR1bB7 Removal of part of approximately 345m of hedgerow within the area identified by green line on sheet 6 of the hedgerow and tree protection

order plan CR1bB8 Removal of part of approximately 359m of hedgerow within the area identified by green line on sheet 6 of the hedgerow and tree protection

order plan CR1bB9 Removal of part of approximately 393m of hedgerow within the area identified by green line on sheet 6 of the hedgerow and tree protection

order plan CB1 Removal of part of approximately 251m of hedgerow within the area identified by green line on sheet 7 of the hedgerow and tree protection

order plan CB10 Removal of part of approximately 168m of hedgerow within the area identified by green line on sheet 7 of the hedgerow and tree protection

order plan CB13 Removal of part of approximately 360m of hedgerow within the area identified by green line on sheet 7 of the hedgerow and tree protection

order plan CB14 Removal of part of approximately 257m of hedgerow within the area identified by green line on sheet 7 of the hedgerow and tree protection

order plan CB15 Removal of part of approximately 237m of hedgerow within the area identified by green line on sheet 7 of the hedgerow and tree protection

order plan CB16 Removal of part of approximately 149m of hedgerow within the area identified by green line on sheet 7 of the hedgerow and tree protection

order plan

(3) To extent to which each hedgerow listed in this table may be removed is controlled by the landscape and ecological management plan, pursuant to article 40(4) of the Order.

128Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

CB17 Removal of part of approximately 317m of hedgerow within the area identified by green line on sheet 7 of the hedgerow and tree protection

order plan CB18 Removal of part of approximately 208m of hedgerow within the area identified by green line on sheet 7 of the hedgerow and tree protection

order plan CB19 Removal of part of approximately 481m of hedgerow within the area identified by green line on sheet 7 of the hedgerow and tree protection

order plan CB2 Removal of part of approximately 293m of hedgerow within the area identified by green line on sheet 7 of the hedgerow and tree protection

order plan CB20 Removal of part of approximately 220m of hedgerow within the area identified by green line on sheet 7 of the hedgerow and tree protection

order plan CB3 Removal of part of approximately 113m of hedgerow within the area identified by green line on sheet 7 of the hedgerow and tree protection

order plan CB4 Removal of part of approximately 285m of hedgerow within the area identified by green line on sheet 7 of the hedgerow and tree protection

order plan CB6 Removal of part of approximately 274m of hedgerow within the area identified by green line on sheet 7 of the hedgerow and tree protection

order plan CB7 Removal of part of approximately 125m of hedgerow within the area identified by green line on sheet 7 of the hedgerow and tree protection

order plan CB8 Removal of part of approximately 155m of hedgerow within the area identified by green line on sheet 7 of the hedgerow and tree protection

order plan CB9 Removal of part of approximately 120m of hedgerow within the area identified by green line on sheet 7 of the hedgerow and tree protection

order plan

(3) To extent to which each hedgerow listed in this table may be removed is controlled by the landscape and ecological management plan, pursuant to article 40(4) of the Order.

129Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

CR2aB7 Removal of part of approximately 493m of hedgerow within the area identified by green line on sheet 7 of the hedgerow and tree protection

order plan CR3aB1 Removal of part of approximately 256m of hedgerow within the area identified by green line on sheet 7 of the hedgerow and tree protection

order plan CR3aB2 Removal of part of approximately 321m of hedgerow within the area identified by green line on sheet 7 of the hedgerow and tree protection

order plan CR3aB3 Removal of part of approximately 243m of hedgerow within the area identified by green line on sheet 7 of the hedgerow and tree protection

order plan CR3aB3 Removal of part of approximately 468m of hedgerow within the area identified by green line on sheet 7 of the hedgerow and tree protection

order plan CR3aB4 Removal of part of approximately 247m of hedgerow within the area identified by green line on sheet 7 of the hedgerow and tree protection

order plan CR3aB5.1 Removal of part of approximately 56m of hedgerow within the area identified by green line on sheet 7 of the hedgerow and tree protection

order plan CR3aB5.2 Removal of part of approximately 117m of hedgerow within the area identified by green line on sheet 7 of the hedgerow and tree protection

order plan CR3bB1 Removal of part of approximately 206m of hedgerow within the area identified by green line on sheet 7 of the hedgerow and tree protection

order plan DB1.1 Removal of part of approximately 249m of hedgerow within the area identified by green line on sheet 7 of the hedgerow and tree protection

order plan DB1.2 Removal of part of approximately 20m of hedgerow within the area identified by green line on sheet 7 of the hedgerow and tree protection

order plan

(3) To extent to which each hedgerow listed in this table may be removed is controlled by the landscape and ecological management plan, pursuant to article 40(4) of the Order.

130Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

DB2 Removal of part of approximately 300m of hedgerow within the area identified by green line on sheet 7 of the hedgerow and tree protection

order plan DB4 Removal of part of approximately 155m of hedgerow within the area identified by green line on sheet 7 of the hedgerow and tree protection

order plan DB5 Removal of part of approximately 316m of hedgerow within the area identified by green line on sheet 7 of the hedgerow and tree protection

order plan DB6 Removal of part of approximately 267m of hedgerow within the area identified by green line on sheet 7 of the hedgerow and tree protection

order plan DB7 Removal of part of approximately 394m of hedgerow within the area identified by green line on sheet 7 of the hedgerow and tree protection

order plan CR4B1.1 Removal of part of approximately 125m of hedgerow within the area identified by green line on sheet 8 of the hedgerow and tree protection

order plan CR4B1.2 Removal of part of approximately 62m of hedgerow within the area identified by green line on sheet 8 of the hedgerow and tree protection

order plan CR4B2 Removal of part of approximately 258m of hedgerow within the area identified by green line on sheet 8 of the hedgerow and tree protection

order plan CR4B3 Removal of part of approximately 84m of hedgerow within the area identified by green line on sheet 8 of the hedgerow and tree protection

order plan CR4B4 Removal of part of approximately 322m of hedgerow within the area identified by green line on sheet 8 of the hedgerow and tree protection

order plan CR5aB1 Removal of part of approximately 181m of hedgerow within the area identified by green line on sheet 8 of the hedgerow and tree protection

order plan

(3) To extent to which each hedgerow listed in this table may be removed is controlled by the landscape and ecological management plan, pursuant to article 40(4) of the Order.

131Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

CR5aB2.1 Removal of part of approximately 118m of hedgerow within the area identified by green line on sheet 8 of the hedgerow and tree protection

order plan CR5aB2.2 Removal of part of approximately 84m of hedgerow within the area identified by green line on sheet 8 of the hedgerow and tree protection

order plan DB10.1 Removal of part of approximately 195m of hedgerow within the area identified by green line on sheet 8 of the hedgerow and tree protection

order plan DB10.2 Removal of part of approximately 147m of hedgerow within the area identified by green line on sheet 8 of the hedgerow and tree protection

order plan DB11 Removal of part of approximately 613m of hedgerow within the area identified by green line on sheet 8 of the hedgerow and tree protection

order plan DB12 Removal of part of approximately 597m of hedgerow within the area identified by green line on sheet 8 of the hedgerow and tree protection

order plan DB8 Removal of part of approximately 349m of hedgerow within the area identified by green line on sheet 8 of the hedgerow and tree protection

order plan DB9 Removal of part of approximately 233m of hedgerow within the area identified by green line on sheet 8 of the hedgerow and tree protection

order plan EB1 Removal of part of approximately 118m of hedgerow within the area identified by green line on sheet 8 of the hedgerow and tree protection

order plan EB13 Removal of part of approximately 222m of hedgerow within the area identified by green line on sheet 8 of the hedgerow and tree protection

order plan EB17 Removal of part of approximately 334m of hedgerow within the area identified by green line on sheet 8 of the hedgerow and tree protection

order plan

(3) To extent to which each hedgerow listed in this table may be removed is controlled by the landscape and ecological management plan, pursuant to article 40(4) of the Order.

132Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

EB18.1 Removal of part of approximately 131m of hedgerow within the area identified by green line on sheet 8 of the hedgerow and tree protection

order plan EB18.2 Removal of part of approximately 14m of hedgerow within the area identified by green line on sheet 8 of the hedgerow and tree protection

order plan EB19 Removal of part of approximately 85m of hedgerow within the area identified by green line on sheet 8 of the hedgerow and tree protection

order plan EB2 Removal of part of approximately 177m of hedgerow within the area identified by green line on sheet 8 of the hedgerow and tree protection

order plan EB22 Removal of part of approximately 226m of hedgerow within the area identified by green line on sheet 8 of the hedgerow and tree protection

order plan EB23 Removal of part of approximately 158m of hedgerow within the area identified by green line on sheet 8 of the hedgerow and tree protection

order plan EB24 Removal of part of approximately 126m of hedgerow within the area identified by green line on sheet 8 of the hedgerow and tree protection

order plan EB25 Removal of part of approximately 243m of hedgerow within the area identified by green line on sheet 8 of the hedgerow and tree protection

order plan EB3 Removal of part of approximately 253m of hedgerow within the area identified by green line on sheet 8 of the hedgerow and tree protection

order plan EB31 Removal of part of approximately 441m of hedgerow within the area identified by green line on sheet 8 of the hedgerow and tree protection

order plan EB32 Removal of part of approximately 234m of hedgerow within the area identified by green line on sheet 8 of the hedgerow and tree protection

order plan

(3) To extent to which each hedgerow listed in this table may be removed is controlled by the landscape and ecological management plan, pursuant to article 40(4) of the Order.

133Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

EB33 Removal of part of approximately 183m of hedgerow within the area identified by green line on sheet 8 of the hedgerow and tree protection

order plan EB34 Removal of part of approximately 393m of hedgerow within the area identified by green line on sheet 8 of the hedgerow and tree protection

order plan EB36 Removal of part of approximately 110m of hedgerow within the area identified by green line on sheet 8 of the hedgerow and tree protection

order plan EB37 Removal of part of approximately 242m of hedgerow within the area identified by green line on sheet 8 of the hedgerow and tree protection

order plan EB38 Removal of part of approximately 184m of hedgerow within the area identified by green line on sheet 8 of the hedgerow and tree protection

order plan EB39 Removal of part of approximately 109m of hedgerow within the area identified by green line on sheet 8 of the hedgerow and tree protection

order plan EB4.2 Removal of part of approximately 177m of hedgerow within the area identified by green line on sheet 8 of the hedgerow and tree protection

order plan EB40 Removal of part of approximately 281m of hedgerow within the area identified by green line on sheet 8 of the hedgerow and tree protection

order plan EB42 Removal of part of approximately 230m of hedgerow within the area identified by green line on sheet 8 of the hedgerow and tree protection

order plan EB43 Removal of part of approximately 332m of hedgerow within the area identified by green line on sheet 8 of the hedgerow and tree protection

order plan EB44 Removal of part of approximately 465m of hedgerow within the area identified by green line on sheet 8 of the hedgerow and tree protection

order plan

(3) To extent to which each hedgerow listed in this table may be removed is controlled by the landscape and ecological management plan, pursuant to article 40(4) of the Order.

134Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

EB45 Removal of part of approximately 378m of hedgerow within the area identified by green line on sheet 8 of the hedgerow and tree protection

order plan EB46 Removal of part of approximately 249m of hedgerow within the area identified by green line on sheet 8 of the hedgerow and tree protection

order plan EB47 Removal of part of approximately 297m of hedgerow within the area identified by green line on sheet 8 of the hedgerow and tree protection

order plan EB48.1 Removal of part of approximately 213m of hedgerow within the area identified by green line on sheet 8 of the hedgerow and tree protection

order plan EB48.2 Removal of part of approximately 113m of hedgerow within the area identified by green line on sheet 8 of the hedgerow and tree protection

order plan EB49 Removal of part of approximately 262m of hedgerow within the area identified by green line on sheet 8 of the hedgerow and tree protection

order plan EB50 Removal of part of approximately 249m of hedgerow within the area identified by green line on sheet 8 of the hedgerow and tree protection

order plan EB7 Removal of part of approximately 334m of hedgerow within the area identified by green line on sheet 8 of the hedgerow and tree protection

order plan CR5bB2 Removal of part of approximately 201m of hedgerow within the area identified by green line on sheet 9 of the hedgerow and tree protection

order plan EB58 Removal of part of approximately 295m of hedgerow within the area identified by green line on sheet 9 of the hedgerow and tree protection

order plan EB61 Removal of part of approximately 669m of hedgerow within the area identified by green line on sheet 9 of the hedgerow and tree protection

order plan

(3) To extent to which each hedgerow listed in this table may be removed is controlled by the landscape and ecological management plan, pursuant to article 40(4) of the Order.

135Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

EB62 Removal of part of approximately 280m of hedgerow within the area identified by green line on sheet 9 of the hedgerow and tree protection

order plan EB64 Removal of part of approximately 387m of hedgerow within the area identified by green line on sheet 9 of the hedgerow and tree protection

order plan EB65 Removal of part of approximately 507m of hedgerow within the area identified by green line on sheet 9 of the hedgerow and tree protection

order plan EB67 Removal of part of approximately 383m of hedgerow within the area identified by green line on sheet 9 of the hedgerow and tree protection

order plan EB72 Removal of part of approximately 177m of hedgerow within the area identified by green line on sheet 9 of the hedgerow and tree protection

order plan EB75 Removal of part of approximately 448m of hedgerow within the area identified by green line on sheet 9 of the hedgerow and tree protection

order plan CR5aB10.1 Removal of part of approximately 532m of hedgerow within the area identified by green line on sheet 10 of the hedgerow and tree protection

order plan CR5aB11 Removal of part of approximately 245m of hedgerow within the area identified by green line on sheet 10 of the hedgerow and tree protection

order plan CR5aB12 Removal of part of approximately 218m of hedgerow within the area identified by green line on sheet 10 of the hedgerow and tree protection

order plan CR5aB13 Removal of part of approximately 128m of hedgerow within the area identified by green line on sheet 10 of the hedgerow and tree protection

order plan CR5aB19 Removal of part of approximately 106m of hedgerow within the area identified by green line on sheet 10 of the hedgerow and tree protection

order plan

(3) To extent to which each hedgerow listed in this table may be removed is controlled by the landscape and ecological management plan, pursuant to article 40(4) of the Order.

136Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

CR5aB3 Removal of part of approximately 373m of hedgerow within the area identified by green line on sheet 10 of the hedgerow and tree protection

order plan CR5aB5 Removal of part of approximately 476m of hedgerow within the area identified by green line on sheet 10 of the hedgerow and tree protection

order plan CR5aB7 Removal of part of approximately 560m of hedgerow within the area identified by green line on sheet 10 of the hedgerow and tree protection

order plan EB53 Removal of part of approximately 388m of hedgerow within the area identified by green line on sheet 10 of the hedgerow and tree protection

order plan EB55.1 Removal of part of approximately 36m of hedgerow within the area identified by green line on sheet 10 of the hedgerow and tree protection

order plan EB55.2 Removal of part of approximately 173m of hedgerow within the area identified by green line on sheet 10 of the hedgerow and tree protection

order plan EB56 Removal of part of approximately 252m of hedgerow within the area identified by green line on sheet 10 of the hedgerow and tree protection

order plan EB57 Removal of part of approximately 197m of hedgerow within the area identified by green line on sheet 10 of the hedgerow and tree protection

order plan EB73 Removal of part of approximately 320m of hedgerow within the area identified by green line on sheet 10 of the hedgerow and tree protection

order plan EB74 Removal of part of approximately 231m of hedgerow within the area identified by green line on sheet 10 of the hedgerow and tree protection

order plan EB76 Removal of part of approximately 390m of hedgerow within the area identified by green line on sheet 10 of the hedgerow and tree protection

order plan

(3) To extent to which each hedgerow listed in this table may be removed is controlled by the landscape and ecological management plan, pursuant to article 40(4) of the Order.

137Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

EB78 Removal of part of approximately 146m of hedgerow within the area identified by green line on sheet 10 of the hedgerow and tree protection

order plan EB83 Removal of part of approximately 269m of hedgerow within the area identified by green line on sheet 10 of the hedgerow and tree protection

order plan EB84.2 Removal of part of approximately 97m of hedgerow within the area identified by green line on sheet 10 of the hedgerow and tree protection

order plan EB86.1 Removal of part of approximately 209m of hedgerow within the area identified by green line on sheet 10 of the hedgerow and tree protection

order plan EB88 Removal of part of approximately 30m of hedgerow within the area identified by green line on sheet 10 of the hedgerow and tree protection

order plan EB89 Removal of part of approximately 160m of hedgerow within the area identified by green line on sheet 10 of the hedgerow and tree protection

order plan EB90 Removal of part of approximately 238m of hedgerow within the area identified by green line on sheet 10 of the hedgerow and tree protection

order plan EB91 Removal of part of approximately 353m of hedgerow within the area identified by green line on sheet 10 of the hedgerow and tree protection

order plan CR5aB23 Removal of part of approximately 407m of hedgerow within the area identified by green line on sheet 11 of the hedgerow and tree protection

order plan CR5aB24 Removal of part of approximately 476m of hedgerow within the area identified by green line on sheet 11 of the hedgerow and tree protection

order plan CR5aB25 Removal of part of approximately 312m of hedgerow within the area identified by green line on sheet 11 of the hedgerow and tree protection

order plan

(3) To extent to which each hedgerow listed in this table may be removed is controlled by the landscape and ecological management plan, pursuant to article 40(4) of the Order.

138Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

CR5aB26 Removal of part of approximately 142m of hedgerow within the area identified by green line on sheet 11 of the hedgerow and tree protection

order plan CR5aB32 Removal of part of approximately 279m of hedgerow within the area identified by green line on sheet 11 of the hedgerow and tree protection

order plan CR5aB33 Removal of part of approximately 165m of hedgerow within the area identified by green line on sheet 11 of the hedgerow and tree protection

order plan CR5aB35 Removal of part of approximately 292m of hedgerow within the area identified by green line on sheet 11 of the hedgerow and tree protection

order plan CR5aB37 Removal of part of approximately 114m of hedgerow within the area identified by green line on sheet 11 of the hedgerow and tree protection

order plan CR5aB40 Removal of part of approximately 159m of hedgerow within the area identified by green line on sheet 12 of the hedgerow and tree protection

order plan CR5aB45 Removal of part of approximately 225m of hedgerow within the area identified by green line on sheet 12 of the hedgerow and tree protection

order plan CR5aB46 Removal of part of approximately 228m of hedgerow within the area identified by green line on sheet 12 of the hedgerow and tree protection

order plan CR5aB47 Removal of part of approximately 140m of hedgerow within the area identified by green line on sheet 12 of the hedgerow and tree protection

order plan CR6B5.1 Removal of part of approximately 41m of hedgerow within the area identified by green line on sheet 12 of the hedgerow and tree protection

order plan CR6B5.10 Removal of part of approximately 334m of hedgerow within the area identified by green line on sheet 12 of the hedgerow and tree protection

order plan

(3) To extent to which each hedgerow listed in this table may be removed is controlled by the landscape and ecological management plan, pursuant to article 40(4) of the Order.

139Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

CR6B5.11 Removal of part of approximately 357m of hedgerow within the area identified by green line on sheet 12 of the hedgerow and tree protection

order plan CR6B5.3 Removal of part of approximately 413m of hedgerow within the area identified by green line on sheet 12 of the hedgerow and tree protection

order plan CR6B5.5 Removal of part of approximately 154m of hedgerow within the area identified by green line on sheet 12 of the hedgerow and tree protection

order plan CR6B5.6 Removal of part of approximately 136m of hedgerow within the area identified by green line on sheet 12 of the hedgerow and tree protection

order plan CR6B5.7 Removal of part of approximately 46m of hedgerow within the area identified by green line on sheet 12 of the hedgerow and tree protection

order plan CR6B5.8 Removal of part of approximately 290m of hedgerow within the area identified by green line on sheet 12 of the hedgerow and tree protection

order plan CR6B5.9 Removal of part of approximately 360m of hedgerow within the area identified by green line on sheet 12 of the hedgerow and tree protection

order plan BESSB1 Removal of part of approximately 230m of hedgerow within the area identified by green line on sheet 13 of the hedgerow and tree protection

order plan BESSB2 Removal of part of approximately 132m of hedgerow within the area identified by green line on sheet 13 of the hedgerow and tree protection

order plan BESSB3.2 Removal of part of approximately 409m of hedgerow within the area identified by green line on sheet 13 of the hedgerow and tree protection

order plan BESSB4 Removal of part of approximately 130m of hedgerow within the area identified by green line on sheet 13 of the hedgerow and tree protection

order plan

(3) To extent to which each hedgerow listed in this table may be removed is controlled by the landscape and ecological management plan, pursuant to article 40(4) of the Order.

140Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

BESSB6 Removal of part of approximately 303m of hedgerow within the area identified by green line on sheet 13 of the hedgerow and tree protection

order plan CR7B1 Removal of part of approximately 245m of hedgerow within the area identified by green line on sheet 13 of the hedgerow and tree protection

order plan CR7B2 Removal of part of approximately 416m of hedgerow within the area identified by green line on sheet 13 of the hedgerow and tree protection

order plan CR7B3 Removal of part of approximately 334m of hedgerow within the area identified by green line on sheet 13 of the hedgerow and tree protection

order plan CR7B4 Removal of part of approximately 129m of hedgerow within the area identified by green line on sheet 13 of the hedgerow and tree protection

order plan CR7B6 Removal of part of approximately 142m of hedgerow within the area identified by green line on sheet 13 of the hedgerow and tree protection

order plan CR7B10 Removal of part of approximately 307m of hedgerow within the area identified by green line on sheet 14 of the hedgerow and tree protection

order plan CR7B12 Removal of part of approximately 344m of hedgerow within the area identified by green line on sheet 14 of the hedgerow and tree protection

order plan CR7B13 Removal of part of approximately 696m of hedgerow within the area identified by green line on sheet 14 of the hedgerow and tree protection

order plan CR7B8 Removal of part of approximately 172m of hedgerow within the area identified by green line on sheet 14 of the hedgerow and tree protection

order plan CR7B9 Removal of part of approximately 276m of hedgerow within the area identified by green line on sheet 14 of the hedgerow and tree protection

order plan

(3) To extent to which each hedgerow listed in this table may be removed is controlled by the landscape and ecological management plan, pursuant to article 40(4) of the Order.

141Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

CR8B1 Removal of part of approximately 33m of hedgerow within the area identified by green line on sheet 14 of the hedgerow and tree protection

order plan CR8B2.1 Removal of part of approximately 358m of hedgerow within the area identified by green line on sheet 14 of the hedgerow and tree protection

order plan FB28.1 Removal of part of approximately 384m of hedgerow within the area identified by green line on sheet 14 of the hedgerow and tree protection

order plan FB28.2 Removal of part of approximately 266m of hedgerow within the area identified by green line on sheet 14 of the hedgerow and tree protection

order plan FB29 Removal of part of approximately 236m of hedgerow within the area identified by green line on sheet 14 of the hedgerow and tree protection

order plan FB30 Removal of part of approximately 229m of hedgerow within the area identified by green line on sheet 14 of the hedgerow and tree protection

order plan FB32 Removal of part of approximately 176m of hedgerow within the area identified by green line on sheet 14 of the hedgerow and tree protection

order plan FB33 Removal of part of approximately 367m of hedgerow within the area identified by green line on sheet 14 of the hedgerow and tree protection

order plan FB34 Removal of part of approximately 270m of hedgerow within the area identified by green line on sheet 14 of the hedgerow and tree protection

order plan FB35.1 Removal of part of approximately 425m of hedgerow within the area identified by green line on sheet 14 of the hedgerow and tree protection

order plan FB35.2 Removal of part of approximately 73m of hedgerow within the area identified by green line on sheet 14 of the hedgerow and tree protection

order plan

(3) To extent to which each hedgerow listed in this table may be removed is controlled by the landscape and ecological management plan, pursuant to article 40(4) of the Order.

142Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

FB36 Removal of part of approximately 287m of hedgerow within the area identified by green line on sheet 14 of the hedgerow and tree protection

order plan FB46 Removal of part of approximately 215m of hedgerow within the area identified by green line on sheet 14 of the hedgerow and tree protection

order plan FB47 Removal of part of approximately 324m of hedgerow within the area identified by green line on sheet 14 of the hedgerow and tree protection

order plan FB1 Removal of part of approximately 290m of hedgerow within the area identified by green line on sheet 15 of the hedgerow and tree protection

order plan FB10 Removal of part of approximately 384m of hedgerow within the area identified by green line on sheet 15 of the hedgerow and tree protection

order plan FB12 Removal of part of approximately 232m of hedgerow within the area identified by green line on sheet 15 of the hedgerow and tree protection

order plan FB13 Removal of part of approximately 70m of hedgerow within the area identified by green line on sheet 15 of the hedgerow and tree protection

order plan FB14.1 Removal of part of approximately 457m of hedgerow within the area identified by green line on sheet 15 of the hedgerow and tree protection

order plan FB14.2 Removal of part of approximately 204m of hedgerow within the area identified by green line on sheet 15 of the hedgerow and tree protection

order plan FB19 Removal of part of approximately 262m of hedgerow within the area identified by green line on sheet 15 of the hedgerow and tree protection

order plan FB2 Removal of part of approximately 594m of hedgerow within the area identified by green line on sheet 15 of the hedgerow and tree protection

order plan

(3) To extent to which each hedgerow listed in this table may be removed is controlled by the landscape and ecological management plan, pursuant to article 40(4) of the Order.

143Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

FB21 Removal of part of approximately 315m of hedgerow within the area identified by green line on sheet 15 of the hedgerow and tree protection

order plan FB22 Removal of part of approximately 283m of hedgerow within the area identified by green line on sheet 15 of the hedgerow and tree protection

order plan FB25 Removal of part of approximately 105m of hedgerow within the area identified by green line on sheet 15 of the hedgerow and tree protection

order plan FB4 Removal of part of approximately 174m of hedgerow within the area identified by green line on sheet 15 of the hedgerow and tree protection

order plan FB41 Removal of part of approximately 420m of hedgerow within the area identified by green line on sheet 15 of the hedgerow and tree protection

order plan FB49 Removal of part of approximately 499m of hedgerow within the area identified by green line on sheet 15 of the hedgerow and tree protection

order plan FB5 Removal of part of approximately 459m of hedgerow within the area identified by green line on sheet 15 of the hedgerow and tree protection

order plan FB50 Removal of part of approximately 151m of hedgerow within the area identified by green line on sheet 15 of the hedgerow and tree protection

order plan FB51.1 Removal of part of approximately 106m of hedgerow within the area identified by green line on sheet 15 of the hedgerow and tree protection

order plan FB51.2 Removal of part of approximately 27m of hedgerow within the area identified by green line on sheet 15 of the hedgerow and tree protection

order plan FB52 Removal of part of approximately 251m of hedgerow within the area identified by green line on sheet 15 of the hedgerow and tree protection

order plan

(3) To extent to which each hedgerow listed in this table may be removed is controlled by the landscape and ecological management plan, pursuant to article 40(4) of the Order.

144Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

FB53 Removal of part of approximately 315m of hedgerow within the area identified by green line on sheet 15 of the hedgerow and tree protection

order plan FB54 Removal of part of approximately 225m of hedgerow within the area identified by green line on sheet 15 of the hedgerow and tree protection

order plan FB55 Removal of part of approximately 240m of hedgerow within the area identified by green line on sheet 15 of the hedgerow and tree protection

order plan FB58 Removal of part of approximately 222m of hedgerow within the area identified by green line on sheet 15 of the hedgerow and tree protection

order plan FB60 Removal of part of approximately 262m of hedgerow within the area identified by green line on sheet 15 of the hedgerow and tree protection

order plan FB62 Removal of part of approximately 485m of hedgerow within the area identified by green line on sheet 15 of the hedgerow and tree protection

order plan FB9 Removal of part of approximately 357m of hedgerow within the area identified by green line on sheet 15 of the hedgerow and tree protection

order plan CR8B2.2 Removal of part of approximately 312m of hedgerow within the area identified by green line on sheet 16 of the hedgerow and tree protection

order plan CR8B3 Removal of part of approximately 253m of hedgerow within the area identified by green line on sheet 16 of the hedgerow and tree protection

order plan CR8B4 Removal of part of approximately 417m of hedgerow within the area identified by green line on sheet 16 of the hedgerow and tree protection

order plan CR8B5 Removal of part of approximately 469m of hedgerow within the area identified by green line on sheet 16 of the hedgerow and tree protection

order plan

(3) To extent to which each hedgerow listed in this table may be removed is controlled by the landscape and ecological management plan, pursuant to article 40(4) of the Order.

145Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

CR8B6 Removal of part of approximately 186m of hedgerow within the area identified by green line on sheet 16 of the hedgerow and tree protection

order plan CR8B7 Removal of part of approximately 270m of hedgerow within the area identified by green line on sheet 16 of the hedgerow and tree protection

order plan FB61 Removal of part of approximately 391m of hedgerow within the area identified by green line on sheet 16 of the hedgerow and tree protection

order plan FB63 Removal of part of approximately 389m of hedgerow within the area identified by green line on sheet 16 of the hedgerow and tree protection

order plan FB66 Removal of part of approximately 194m of hedgerow within the area identified by green line on sheet 16 of the hedgerow and tree protection

order plan FB67.1 Removal of part of approximately 197m of hedgerow within the area identified by green line on sheet 16 of the hedgerow and tree protection

order plan FB67.2 Removal of part of approximately 10m of hedgerow within the area identified by green line on sheet 16 of the hedgerow and tree protection

order plan FB68 Removal of part of approximately 239m of hedgerow within the area identified by green line on sheet 16 of the hedgerow and tree protection

order plan FB69.1 Removal of part of approximately 184m of hedgerow within the area identified by green line on sheet 16 of the hedgerow and tree protection

order plan FB69.2 Removal of part of approximately 89m of hedgerow within the area identified by green line on sheet 16 of the hedgerow and tree protection

order plan FB72 Removal of part of approximately 206m of hedgerow within the area identified by green line on sheet 16 of the hedgerow and tree protection

order plan

(3) To extent to which each hedgerow listed in this table may be removed is controlled by the landscape and ecological management plan, pursuant to article 40(4) of the Order.

146Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

FB74 Removal of part of approximately 212m of hedgerow within the area identified by green line on sheet 16 of the hedgerow and tree protection

order plan FB77 Removal of part of approximately 442m of hedgerow within the area identified by green line on sheet 16 of the hedgerow and tree protection

order plan FB81 Removal of part of approximately 441m of hedgerow within the area identified by green line on sheet 16 of the hedgerow and tree protection

order plan FB84 Removal of part of approximately 607m of hedgerow within the area identified by green line on sheet 16 of the hedgerow and tree protection

order plan CR9B3 Removal of part of approximately 314m of hedgerow within the area identified by green line on sheet 17 of the hedgerow and tree protection

order plan CR9B5.1 Removal of part of approximately 174m of hedgerow within the area identified by green line on sheet 17 of the hedgerow and tree protection

order plan FB78.1 Removal of part of approximately 159m of hedgerow within the area identified by green line on sheet 17 of the hedgerow and tree protection

order plan FB78.2 Removal of part of approximately 47m of hedgerow within the area identified by green line on sheet 17 of the hedgerow and tree protection

order plan FB79 Removal of part of approximately 211m of hedgerow within the area identified by green line on sheet 17 of the hedgerow and tree protection

order plan FB80 Removal of part of approximately 574m of hedgerow within the area identified by green line on sheet 17 of the hedgerow and tree protection

order plan FB82 Removal of part of approximately 319m of hedgerow within the area identified by green line on sheet 17 of the hedgerow and tree protection

order plan

(3) To extent to which each hedgerow listed in this table may be removed is controlled by the landscape and ecological management plan, pursuant to article 40(4) of the Order.

147Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

FB83 Removal of part of approximately 333m of hedgerow within the area identified by green line on sheet 17 of the hedgerow and tree protection

order plan GB1 Removal of part of approximately 218m of hedgerow within the area identified by green line on sheet 17 of the hedgerow and tree protection

order plan GB2 Removal of part of approximately 227m of hedgerow within the area identified by green line on sheet 17 of the hedgerow and tree protection

order plan GB4 Removal of part of approximately 300m of hedgerow within the area identified by green line on sheet 17 of the hedgerow and tree protection

order plan GB9 Removal of part of approximately 454m of hedgerow within the area identified by green line on sheet 17 of the hedgerow and tree protection

order plan H234 Removal of part of approximately 496m of hedgerow within the area identified by green line on sheet 17 of the hedgerow and tree protection

order plan CR9B10 Removal of part of approximately 271m of hedgerow within the area identified by green line on sheet 18 of the hedgerow and tree protection

order plan CR9B6 Removal of part of approximately 584m of hedgerow within the area identified by green line on sheet 18 of the hedgerow and tree protection

order plan CR9B7 Removal of part of approximately 134m of hedgerow within the area identified by green line on sheet 18 of the hedgerow and tree protection

order plan CR9B8 Removal of part of approximately 35m of hedgerow within the area identified by green line on sheet 18 of the hedgerow and tree protection

order plan CR9B9 Removal of part of approximately 321m of hedgerow within the area identified by green line on sheet 18 of the hedgerow and tree protection

order plan

(3) To extent to which each hedgerow listed in this table may be removed is controlled by the landscape and ecological management plan, pursuant to article 40(4) of the Order.

148Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

GB11 Removal of part of approximately 203m of hedgerow within the area identified by green line on sheet 18 of the hedgerow and tree protection

order plan GB12 Removal of part of approximately 225m of hedgerow within the area identified by green line on sheet 18 of the hedgerow and tree protection

order plan GB13 Removal of part of approximately 299m of hedgerow within the area identified by green line on sheet 18 of the hedgerow and tree protection

order plan GB14 Removal of part of approximately 499m of hedgerow within the area identified by green line on sheet 18 of the hedgerow and tree protection

order plan GB15 Removal of part of approximately 728m of hedgerow within the area identified by green line on sheet 18 of the hedgerow and tree protection

order plan GB17 Removal of part of approximately 81m of hedgerow within the area identified by green line on sheet 18 of the hedgerow and tree protection

order plan GB18 Removal of part of approximately 355m of hedgerow within the area identified by green line on sheet 18 of the hedgerow and tree protection

order plan GB19 Removal of part of approximately 180m of hedgerow within the area identified by green line on sheet 18 of the hedgerow and tree protection

order plan GB20 Removal of part of approximately 275m of hedgerow within the area identified by green line on sheet 18 of the hedgerow and tree protection

order plan GB21 Removal of part of approximately 474m of hedgerow within the area identified by green line on sheet 18 of the hedgerow and tree protection

order plan GB5 Removal of part of approximately 295m of hedgerow within the area identified by green line on sheet 18 of the hedgerow and tree protection

order plan

(3) To extent to which each hedgerow listed in this table may be removed is controlled by the landscape and ecological management plan, pursuant to article 40(4) of the Order.

149Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

GB6 Removal of part of approximately 69m of hedgerow within the area identified by green line on sheet 18 of the hedgerow and tree protection

order plan GB7 Removal of part of approximately 183m of hedgerow within the area identified by green line on sheet 18 of the hedgerow and tree protection

order plan GB8 Removal of part of approximately 218m of hedgerow within the area identified by green line on sheet 18 of the hedgerow and tree protection

order plan

(3) To extent to which each hedgerow listed in this table may be removed is controlled by the landscape and ecological management plan, pursuant to article 40(4) of the Order.

SCHEDULE 13 Article 42 DOCUMENTS AND PLANS TO BE CERTIFIED PART 1 DOCUMENTS AND PLANS

(1) (2) (3) (4) Document name Document reference Revision number Date Access to works plan GH2.7 A December 2025 Archaeological GH6.3.12.6 B February 2026 mitigation strategy Book of reference GH4.3 F April 2026 Concept design GH7.17 D August 2026 parameters and principles Environmental GH6.1 - May 2025 statement Hedgerow and tree GH2.11 B December 2025 protection order plan Land plan GH2.2 E February 2026 Outline battery storage GH7.7 B February 2026 safety management plan 150Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Outline construction GH7.1 D April 2026 environmental management plan Outline construction GH7.9 C March 2026 traffic management plan Outline GH7.3 C March 2026 decommissioning statement Outline drainage GH6.3.10.1 B February 2026 strategy Outline ecological GH7.5 E April 2026 protection and mitigation strategy Outline landscape and GH7.4 E March 2026 ecological management plan Outline operational GH7.2 E August 2026 environmental management plan Outline operational GH7.25 A November 2025 traffic management plan Outline public rights GH7.10 C March 2026 of way and permissive paths management plan Outline skills, supply GH7.8 - May 2025 chain and employment plan Outline soil GH7.6 B August 2026 management plan Public rights of way GH2.6 C December 2025 plan Streets plan GH2.5 C December 2025 Works plan GH2.4 G March 2026 Written scheme of GH8.2.17 - February 2026

investigation: archaeological trenching 151Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

PART 2 SUBSTITUTE AND SUPPLEMENTARY DOCUMENTS

(1) (2) (3) (4) (5) Originating Replacement or Document Date Examination Document supplementary reference library reference part Environmental Chapter 3: The [EX1/ November 2025 [REP1-029] Statement Development Site GH6.2.3_A] Environmental Chapter 4: [EX6/ March 2026 [REP6-011] Statement Scheme GH6.2.4_B] Description Environmental Chapter 9: [EX6/ March 2026 [REP6-013] Statement Ecology and GH6.2.9_B] Biodiversity Environmental Chapter 10: [EX6/ February 2026 [REP6-007] Statement Hydrology, Flood GH6.2.10_C] Risk and Drainage Environmental Chapter 13: [EX2/ November 2025 [REP2-003] Statement Transport and GH6.2.13_A] Access Environmental Chapter 22: [EX1/ November 2025 [REP1-025] Statement Ground GH6.2.22_A] Conditions and Contamination Environmental Chapter 24: Other [EX1/ November 2025 [REP1-027] Statement Environmental GH6.2.24_A] Matters Environmental Chapter 27: [EX6/ March 2026 [REP6-009] Statement Commitments GH6.2.27_A] Register Environmental Technical [EX3/GH8.2.6] December 2025 [REP3-080] Statement Addendum to

Chapter 13:

Transport and Access Environmental Technical [EX1/GH8.4.1] November 2025 [REP1-168] Statement Addendum to

Chapter 14: Noise and Vibration Environmental Technical [EX2/GH8.2.4] November 2025 [REP2-054] Statement Addendum to

Chapter 15: Glint and Glare 152Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

SCHEDULE 14 Article 44 ARBITRATION RULES Commencing an arbitration

1.—(1) The arbitration is deemed to have commenced when a party (“the claimant”) serves a written notice of arbitration on the other party (“the respondent”).

(2) The written notice of arbitration must set out—

(a) the parties to the arbitration;

(b) a brief statement of the legal issues between the parties; and

(c) the nature of the relief sought.

Appointment of the arbitrator

2.—(1) Within 14 days of the receipt of the notice of arbitration, the parties must agree and nominate a single arbitrator and notify the arbitrator of their appointment.

(2) If the nominated arbitrator refuses the appointment, the parties must agree and nominate an alternative arbitrator within 14 days of the receipt of the notice of the nominated arbitrator’s refusal.

(3) If the parties do not agree and nominate a single arbitrator within the time period stipulated in sub-paragraph (1) (or as the case may be, sub-paragraph (2)), the Secretary of State will, on application by either party after giving written notice to the other party, appoint a single arbitrator.

Time periods

3.—(1) All time periods in these arbitration rules are measured in days and include weekends, but not bank or public holidays.

(2) Time periods are calculated from the day after the arbitrator is appointed which is either—

(a) the date the arbitrator notifies the parties in writing of his/her acceptance of an appointment by agreement of the parties; or

(b) the date the arbitrator is appointed by the Secretary of State.

Timetable

4.—(1) The timetable for the arbitration is that which is set out in sub-paragraphs (2) to (4) below unless amended in accordance with paragraph 6(5).

(2) Within 14 days of the arbitrator being appointed, the claimant must provide both the respondent and the arbitrator with—

(a) a written statement of claim which describes the nature of the difference between the parties, the legal and factual issues, the claimant’s contentions as to those issues, the amount of its claim or the remedy it is seeking; and

(b) all statements of evidence and copies of all documents on which it relies, including contractual documentation, correspondence (including electronic documents), legal precedents and expert witness reports.

(3) Within 14 days of receipt of the claimant’s statements under sub-paragraph (2) by the arbitrator and respondent, the respondent must provide the claimant and the arbitrator with—

(a) a written statement of defence consisting of a response to the claimant’s statement of claim, its statement in respect of the nature of the difference, the legal and factual issues in the 153Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. claimant’s claim, its acceptance of any elements of the claimant’s claim and its contentions as to those elements of the claimant’s claim it does not accept;

(b) all statements of evidence and copies of all documents on which it relies, including contractual documentation, correspondence (including electronic documents), legal precedents and expert witness reports; and

(c) any objection it wishes to make to the claimant’s statements, comments on the claimant’s expert reports (if submitted by the claimant) and explanations of the objections.

(4) Within 7 days of the respondent serving its statements under sub-paragraph (3), the claimant may make a statement of reply by providing both the respondent and the arbitrator with—

(a) a written statement responding to the respondent’s submissions, including its reply in respect of the nature of the difference, the issues (both factual and legal) and its contentions in relation to the issues;

(b) all statements of evidence and copies of documents in response to the respondent’s submissions;

(c) any expert report in response to the respondent’s submissions;

(d) any objections to the statements of evidence, expert reports or other documents submitted by the respondent; and

(e) its written submissions in response to the legal and factual issues involved.

Procedure

5.—(1) The parties’ pleadings, witness statements and expert reports (if any) must be concise. A single pleading must not exceed 30 single-sided A4 pages using 10pt Arial font.

(2) The arbitrator will make an award on the substantive differences based solely on the written material submitted by the parties unless the arbitrator decides that a hearing is necessary to explain or resolve any matters.

(3) Either party may, within two days of delivery of the last submission, request a hearing giving specific reasons why it considers a hearing is required.

(4) Within 7 days of receiving the last submission, the arbitrator must notify the parties whether a hearing is to be held and the length of that hearing.

(5) Within 10 days of the arbitrator advising the parties that a hearing is to be held, the date and venue for the hearing are to be fixed by agreement with the parties, save that if there is no agreement the arbitrator must direct a date and venue which the arbitrator considers is fair and reasonable in all the circumstances. The date for the hearing must not be less than 35 days from the date of the agreement or arbitrator’s direction confirming the date and venue of the hearing.

(6) A decision must be made by the arbitrator on whether there is any need for expert evidence to be submitted orally at the hearing. If oral expert evidence is required by the arbitrator, then any experts attending the hearing may be asked questions by the arbitrator.

(7) There is to be no examination or cross-examination of experts, but the arbitrator must invite the parties to ask questions of the experts by way of clarification of any answers given by the experts in response to the arbitrator’s questions. Prior to the hearing in relation to the experts—

(a) at least 28 days before a hearing, the arbitrator must provide a list of issues to be addressed by the experts;

(b) if more than one expert is called, they will jointly confer and produce a joint report or reports within 14 days of the issues being provided; and

(c) the form and content of a joint report must be as directed by the arbitrator and must be

provided at least seven days before the hearing.

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(8) Within 14 days of a hearing or a decision by the arbitrator that no hearing is to be held the parties may by way of exchange provide the arbitrator with a final submission in connection with the matters in dispute and any submissions on costs. The arbitrator must take these submissions into account in the award.

(9) The arbitrator may make other directions or rulings as considered appropriate in order to ensure that the parties comply with the timetable and procedures to achieve an award on the substantive difference within four months of the date on which the arbitrator is appointed, unless both parties otherwise agree to an extension to the date for the award.

(10) If a party fails to comply with the timetable, procedure or any other direction then the arbitrator may continue in the absence of a party or submission or document, and may make a decision on the information before the arbitrator attaching the appropriate weight to any evidence submitted beyond any timetable or in breach of any procedure or direction.

(11) The arbitrator’s award must include reasons. The parties must accept that the extent to which reasons are given must be proportionate to the issues in dispute and the time available to the arbitrator to deliver the award.

Arbitrator’s powers

6.—(1) The arbitrator has all the powers of the Arbitration Act 1996(76), save where modified in this Schedule.

(2) There must be no discovery or disclosure except as may be ordered by the arbitrator under sub-paragraph (3).

(3) The arbitrator may order the parties to produce such documents as are reasonably requested, either by another party no later than the statement of reply, or by the arbitrator, where—

(a) in the opinion of the arbitrator the documents are manifestly relevant to the legal issues between the parties;

(b) the documents requested have been specifically identified; and

(c) the arbitrator is satisfied that the burden of production is not excessive.

(4) Any application and orders made under sub-paragraph (3) should be made by way of a Redfern Schedule without any hearing.

(5) Any time limits fixed in accordance with this procedure or by the arbitrator may be varied by agreement between the parties, subject to any such variation being acceptable to and approved by the arbitrator. In the absence of agreement, the arbitrator may vary the timescales or procedure—

(a) if the arbitrator is satisfied that a variation of any fixed time limit is reasonably necessary to avoid a breach of the rules of natural justice and then; and

(b) only for such a period that is necessary to achieve fairness between the parties.

(6) On the date the award is made, the arbitrator will notify the parties that the award is completed, signed and dated, and that it will be issued to the parties on receipt of cleared funds for the arbitrator’s fees and expenses.

Costs

7.—(1) The costs of the arbitration must include the fees and expenses of the arbitrator, the reasonable fees and expenses of any experts and the reasonable legal and other costs incurred by the parties for the arbitration.

(2) Where the difference involves connected or interrelated issues, the arbitrator must consider the relevant costs collectively.

(76) 1996 c. 23.

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(3) The final award must fix the costs of the arbitration and decide which of the parties are to bear them or in what proportion they are to be borne by the parties.

(4) The arbitrator must specify the proportions in which the parties must bear the costs of the arbitration, and in determining such proportions the arbitrator must apply the general principle that each party should bear its own costs, making such adjustments as the arbitrator considers appropriate having regard to all material circumstances, including such matters as exaggerated claims or defences, the degree of success for different elements of the claims, claims that have incurred substantial costs, the conduct of the parties and the degree of success of a party.

Confidentiality

8.—(1) Subject to sub-paragraphs (2) and (3), any arbitration hearing and documentation will be open and accessible by the public.

(2) The arbitrator may direct that the whole or part of a hearing is to be private or any documentation to be confidential where it is necessary in order to protect commercially sensitive information.

(3) Nothing in this paragraph will prevent any disclosure of a document by a party pursuant to an order of a court in England and Wales or where disclosure is required under any enactment.

SCHEDULE 15 Article 45 PROTECTIVE PROVISIONS PART 1 FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS

1. For the protection of the utility undertakers referred to in this Part of this Schedule (save for any utility undertakers which are specifically protected by any other Part of this Schedule, which will take precedence), the following provisions have effect, unless otherwise agreed in writing between the undertaker and the utility undertakers concerned.

2. In this Part of this Schedule— “alternative apparatus” means alternative apparatus adequate to enable the utility undertaker in question to fulfil its statutory functions in a manner not less efficient than previously;

“apparatus” means—

(a) in the case of an electricity undertaker, electric lines or electrical plant (as defined in the 1989 Act, belonging to or maintained by that utility undertaker;

(b) in the case of a gas undertaker, any mains, pipes or other apparatus belonging to or maintained by a gas transporter for the purposes of gas supply;

(c) in the case of a water undertaker—

(i) mains, pipes or other apparatus belonging to or maintained by that utility undertaker for the purposes of water supply; and

(ii) any water mains or service pipes (or part of a water main or service pipe) that is the subject of an agreement to adopt made under section 51A of the Water Industry Act 1991;

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(d) in the case of a sewerage undertaker—

(i) any drain or works vested in the utility undertaker under the Water Industry Act 1991; and

(ii) any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) of that Act or an agreement to adopt made under section 104 of that Act, and includes a sludge main, disposal main (within the meaning of section 219 of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works, and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus; and

(e) any other mains, pipelines or cables that are not the subject of the protective provisions in Parts 2 to 9 of this Schedule; “functions” includes powers and duties; “in”, in a context referring to apparatus or alternative apparatus in land, includes a reference to apparatus or alternative apparatus under, over or upon land; and “utility undertaker” means—

(a) any licence holder within the meaning of Part 1 of the 1989 Act;

(b) a gas transporter within the meaning of Part 1 of the Gas Act 1986(77);

(c) water undertaker within the meaning of the Water Industry Act 1991;

(d) a sewerage undertaker within the meaning of Part 1 of the Water Industry Act 1991; and

(e) an owner or operator of apparatus within paragraph (e) of the definition of that term, for the area of the authorised development, and in relation to any apparatus, means the utility undertaker to whom it belongs or by whom it is maintained.

3. This Part of this Schedule does not apply to apparatus in respect of which the relations between the undertaker and the utility undertaker are regulated by the provisions of Part 3 of the 1991 Act.

4. Regardless of the temporary prohibition or restriction of use of streets under the powers conferred by article 12 (temporary closure, restriction or prohibition of use of streets and public rights of way), a utility undertaker is at liberty at all times to take all necessary access across any such street and to execute and do all such works and things in, upon or under any such street as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the prohibition or restriction was in that street.

5. Regardless of any provision in this Order or anything shown on the land plans, the undertaker must not acquire any apparatus otherwise than by agreement.

6.—(1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed or over which access to any apparatus is enjoyed or requires that the utility undertaker’s apparatus is relocated or diverted, that apparatus must not be removed under this Part of this Schedule, and any right of a utility undertaker to maintain that apparatus in that land and to gain access to it must not be extinguished, until alternative apparatus has been constructed and is in operation, and access to it has been provided, to the reasonable satisfaction of the utility undertaker in question in accordance with sub-paragraphs (2) to (7).

(2) If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, the undertaker must give to the utility undertaker in question written notice of that

(77) 1986 c. 44. A new section 7 was substituted by section 5 of the Gas Act 1995 (c. 45), and was further amended by section 76 of the Utilities Act 2000 (c. 27).

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(3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2), in the land in which the alternative apparatus or part of such apparatus is to be constructed, the utility undertaker in question must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use reasonable endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed.

(4) Any alternative apparatus to be constructed in land of the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between the utility undertaker in question and the undertaker or in default of agreement settled by arbitration in accordance with article 44 (arbitration).

(5) The utility undertaker in question must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 44, and after the grant to the utility undertaker of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.

(6) Regardless of anything in sub-paragraph (5), if the undertaker gives notice in writing to the utility undertaker in question that it desires itself to execute any work, or part of any work, in connection with the construction or removal of apparatus in any land controlled by the undertaker, that work, instead of being executed by the utility undertaker, must be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the utility undertaker.

(7) Nothing in sub-paragraph (6) authorises the undertaker to execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or execute any filling around the apparatus (where the apparatus is laid in a trench) within 300 millimetres of the apparatus.

7.—(1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to a utility undertaker facilities and rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and the utility undertaker in question or in default of agreement settled by arbitration in accordance with article 44 (arbitration).

(2) If the facilities and rights to be afforded by the undertaker in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to the utility undertaker in question than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator must make such provision for the payment of compensation by the undertaker to that utility undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

8.—(1) Not less than 28 days before starting the execution of any works in, on or under any land purchased, held, appropriated or used under this Order that are near to, or will or may affect, any apparatus the removal of which has not been required by the undertaker under paragraph 6(2), the undertaker must submit to the utility undertaker in question a plan, section and description of the works to be executed.

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(2) Those works must be executed only in accordance with the plan, section and description submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by the utility undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the utility undertaker is entitled to watch and inspect the execution of those works.

(3) Any requirements made by a utility undertaker under sub-paragraph (2) must be made within a period of 21 days beginning with the date on which a plan, section and description under sub- paragraph (1) are submitted to it.

(4) If a utility undertaker in accordance with sub-paragraph (3) 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 1 to 7 apply as if the removal of the apparatus had been required by the undertaker under paragraph 6(2).

(5) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any works, a new plan, section and description instead of the plan, section and description previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan, section and description.

(6) The undertaker is not required to comply with sub-paragraph (1) in a case of emergency but in that case, it must give to the utility undertaker in question notice as soon as is reasonably practicable and a plan, section and description of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (2) in so far as is reasonably practicable in the circumstances.

9.—(1) Subject to the following provisions of this paragraph, the undertaker must repay to a utility undertaker the reasonable expenses incurred by that utility undertaker in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any such works as are referred to in paragraph 6(2).

(2) There is to be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Part of this Schedule, that value being calculated after removal.

(3) If in accordance with the provisions of this Part of this Schedule—

(a) apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or

(b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was, and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 44 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub- paragraph would be payable to the utility undertaker in question by virtue of sub-paragraph (1) is to be reduced by the amount of that excess.

(4) For the purposes of sub-paragraph (3)—

(a) an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus where such extension is required in consequence of the execution of any such works as are referred to in paragraph 6(2); and 159Document Generated: 2026-10-21

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(b) where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be treated as if it also had been agreed or had been so determined.

(5) An amount which apart from this sub-paragraph would be payable to a utility undertaker in respect of works by virtue of sub-paragraph (1), if the works include the placing of apparatus

provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the utility undertaker any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, is to be reduced by the amount which represents that benefit.

10.—(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any of the works referred to in paragraph 6(2), any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of a utility undertaker, or there is any interruption in any service provided, or in the supply of any goods, by any utility undertaker, the undertaker must—

(a) bear and pay the cost reasonably incurred by that utility undertaker in making good such damage or restoring the supply; and

(b) make reasonable compensation to that utility undertaker for any other expenses, loss, damages, penalty or costs incurred by the utility undertaker, by reason or in consequence of any such damage or interruption.

(2) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of a utility undertaker, its officers, servants, contractors or agents.

(3) A utility undertaker must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise is to be made without the consent of the undertaker which, if it withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

11. Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and a utility undertaking in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.

PART 2 FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

12. For the protection of any operator, the following provisions have effect, unless otherwise agreed in writing between the undertaker and the operator.

13. In this Part of this Schedule— “the 2003 Act” means the Communications Act 2003; “electronic communications apparatus” has the same meaning as in the electronic communications code; “electronic communications code” has the same meaning as in section 106 (application of the electronic communications code) of the 2003 Act;

“electronic communications code network” means—

(a) so much of an electronic communications network or conduit system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 of the 2003 Act; and 160Document Generated: 2026-10-21

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(b) an electronic communications network which the Secretary of State is providing or proposing to provide; “electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106 of the 2003 Act; and “operator” means the operator of an electronic communications code network.

14. The exercise of the powers of article 33 (statutory undertakers) is subject to Part 10 (undertakers’ works affecting electronic communications apparatus) of the electronic communications code.

15.—(1) Subject to sub-paragraphs (2) to (4), if as the result of the authorised development or its construction, or of any subsidence resulting from any of those works—

(a) any damage is caused to any electronic communications apparatus belonging to an operator (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works), or other property of an operator; or

(b) there is any interruption in the supply of the service provided by an operator, the undertaker must bear and pay the cost reasonably incurred by the operator in making good such damage or restoring the supply and make reasonable compensation to that operator for any other expenses, loss, damages, penalty or costs incurred by it, by reason, or in consequence of, any such damage or interruption.

(2) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of an operator, its officers, servants, contractors or agents.

(3) The operator must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise of the claim or demand is to be made without the consent of the undertaker which, if it withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

(4) Any difference arising between the undertaker and the operator under this Part of this Schedule must be referred to and settled by arbitration under article 44 (arbitration).

16. This Part of this Schedule does not apply to—

(a) any apparatus in respect of which the relations between the undertaker and an operator are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act; or

(b) any damage, or any interruption, caused by electro-magnetic interference arising from the construction or use of the authorised development.

17. Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and an operator in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.

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PART 3 FOR THE PROTECTION OF NATIONAL GRID ELECTRICITY TRANSMISSION PLC Application

18.—(1) For the protection of National Grid as referred to in this Part of this Schedule the following provisions have effect, unless otherwise agreed in writing, between the undertaker and National Grid.

(2) Subject to sub-paragraph (3) or to the extent otherwise agreed in writing between the undertaker and National Grid, where the benefit of this Order is transferred or granted to another person under article 37 (consent to transfer the benefit of the Order)—

(a) any agreement of the type mentioned in sub-paragraph (1) has effect as if it had been made between National Grid and the transferee or grantee (as the case may be); and

(b) written notice of the transfer or grant must be given to National Grid on or before the date of that transfer or grant.

(3) Sub-paragraph (2) does not apply where the benefit of the Order is transferred or granted to National Grid (but without prejudice to paragraph 33(3)(b)).

Interpretation

19. In this Part of this Schedule— “acceptable credit provider” means a bank or financial institution with a credit rating that is

not lower than: (i) “A-” if the rating is assigned by Standard & Poor’s Ratings Group or Fitch Ratings; and “A3” if the rating is assigned by Moody’s Investors Services Inc.; “acceptable insurance” means general third party liability insurance effected and maintained by the undertaker with a combined property damage and bodily injury limit of indemnity of not less than £50,000,000.00 (fifty million pounds) per occurrence or series of occurrences arising out of one event. Such insurance shall be maintained (a) during the construction period of the authorised works; and (b) after the construction period of the authorised works in respect of any use and maintenance works of the authorised works by or on behalf of the undertaker which constitute specified works and arranged with an insurer whose security/credit rating meets the same requirements as an “acceptable credit provider”, such insurance shall include (without limitation)—

(a) a waiver of subrogation and an indemnity to principal clause in favour of National Grid;

(b) pollution liability for third party property damage and third party bodily damage arising from any pollution/contamination event with a (sub)limit of indemnity of not less than £10,000,000.00 (ten million pounds) per occurrence or series of occurrences arising out of one event or £20,000,000.00 (twenty million pounds) in aggregate;

“acceptable security” means either—

(a) a parent company guarantee from a parent company in favour of National Grid to cover the undertaker’s liability to National Grid to a total liability cap of £50,000,000.00 (fifty million pounds) (in a form reasonably satisfactory to National Grid and where required by National Grid, accompanied with a legal opinion confirming the due capacity and authorisation of the parent company to enter into and be bound by the terms of such guarantee); or

(b) a bank bond or letter of credit from an acceptable credit provider in favour of National Grid to cover the undertaker’s liability to National Grid for an amount of not less than 162Document Generated: 2026-10-21

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“alternative apparatus” means appropriate alternative apparatus to the satisfaction of National Grid to enable National Grid to fulfil its statutory functions in a manner no less efficient than previously;

“apparatus” means—

(a) electric lines or electrical plant as defined in the 1989 Act, belonging to or maintained by National Grid together with any replacement apparatus;

(b) such other apparatus constructed pursuant to the Order that becomes operational apparatus of National Grid for the purposes of transmission, distribution and/or supply and includes any structure in which apparatus is or will be lodged or which gives or will give access to apparatus;

(c) any electrical lines or electrical plant as defined in the 1989 Act, any mains, pipes, plant or other apparatus belonging to, operated or maintained by National Grid for the purposes of the construction, operation and maintenance of the WMEL Project and/or, whether temporary or permanent, and includes, where the context so requires, apparatus constructed as part of the authorised works and intended for the beneficial use by National Grid (“WMEL Project apparatus”); and

(d) any electrical lines or electrical plant as defined in the 1989 Act, any mains, pipes, plant or other apparatus belonging to, operated or maintained by National Grid for the purposes of the construction, operation and maintenance of the SGRE Project and/or, whether temporary or permanent, and includes, where the context so requires, apparatus constructed as part of the authorised works and intended for the beneficial use by National Grid (“SGRE Project apparatus”);

“authorised works” has the same meaning as is given to the term “authorised development” in article 2 (interpretation) of this Order and includes any associated development authorised by the Order and for the purposes of this Part of this Schedule includes the use and maintenance of the authorised works and construction of any works authorised by this Part of this Schedule;

“commence” and “commencement” in this Part of this Schedule shall include any below ground surveys, monitoring, ground work operations or the receipt and erection of construction plant and equipment; “deed of consent” means a deed of consent, crossing agreement, deed of variation or new deed of grant agreed between the parties acting reasonably in order to vary or replace existing easements, agreements, enactments and other such interests so as to secure land rights and interests as are necessary to carry out, maintain, operate and use the apparatus in a manner consistent with the terms of this Part of this Schedule;

“functions” includes powers and duties; “ground mitigation scheme” means a scheme approved by National Grid (such approval not to be unreasonably withheld or delayed) setting out the necessary measures (if any) for a ground subsidence event;

“ground monitoring scheme” means a scheme for monitoring ground subsidence which sets out the apparatus which is to be subject to such monitoring, the extent of land to be monitored, the manner in which ground levels are to be monitored, the timescales of any monitoring activities and the extent of ground subsidence which, if exceeded, shall require the undertaker to submit for National Grid’s approval a ground mitigation scheme;

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“in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over, across, along or upon such land; “incentive deduction” means any incentive deduction National Grid receives under its electricity transmission licence which is caused by an event on its transmission system that causes electricity not to be supplied to a demand customer and which arises as a result of the authorised works;

“maintain” and “maintenance” shall include the ability and right to do any of the following in relation to any apparatus or alternative apparatus of National Grid, to construct, use, repair, alter, inspect, renew or remove the apparatus;

“NESO” means as is defined in the STC; “parent company” means a parent company of the undertaker acceptable to and which shall have been approved by National Grid acting reasonably; “plan” or “plans” include all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary to properly and sufficiently describe and assess the works to be executed;

“SGRE Project” means reinforcement and upgrade of the conductor on the existing 400kV double circuit overhead line from Grendon to Sundon and associated works to be undertaken by National Grid and any temporary construction compounds and laydown areas for such works;

“SGRE Site” includes—

(a) land on which any SGRE apparatus is situated; and

(b) land on which SGRE apparatus is anticipated to be situated which is necessary for the construction, use or maintenance of the SGRE Project (in so far as the same has been notified by National Grid in writing to the undertaker);

“shared area” means any area that is both within the Order limits and at least one of the WMEL Project site and the SGRE Project site; “shared area works” means so much of the authorised works to be carried out within the shared area;

“specified works” means any of the authorised works or activities undertaken in association with the authorised works which—

(a) will or may be situated over, or within 15 metres measured in any direction of any apparatus the removal of which has not been required by the undertaker under paragraph 29 or otherwise; or

(b) may in any way adversely affect any apparatus the removal of which has not been required by the undertaker under paragraph 29 or otherwise; or

(c) includes any of the activities that are referred to in development near overhead lines EN43-8 and HSE’s guidance note 6 “Avoidance of Danger from Overhead Lines”; “STC” means the System Operator Transmission Owner Code prepared by the electricity transmission owners and NESO as modified from time to time;

“STC claims” means any claim made under the STC against National Grid arising out of or in connection with the de-energisation (whereby no electricity can flow to or from the relevant system through the generator or interconnector’s equipment) of a generator or interconnector party solely as a result of the de-energisation of plant and apparatus forming part of National Grid’s transmission system which arises as a result of the authorised works;

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Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. “transmission owner” is as defined in the STC; “WMEL Project” means the proposed Weston Marsh to East Leicestershire Project being the construction of two new substations near Corby Glen and Wartnaby in Leicestershire and new overhead line between the new substations and the Weston Marsh substation and associated works to be undertaken by and any temporary construction compounds and laydown areas for such works; and “WMEL Site” includes—

(a) land on which any WMEL apparatus is situated; and

(b) land on which WMEL apparatus is anticipated to be situated which is necessary for the construction, use or maintenance of the WMEL Project (in so far as the same has been notified by National Grid in writing to the undertaker).

Interaction with the SGRE Project and/or the WMEL Project

20. Without limiting any other provision of this Part of this Schedule, the undertaker must use reasonable endeavours to avoid any conflict arising between the construction, maintenance and operation of the authorised works and the SGRE Project and/or the WMEL Project. For the purposes of this paragraph, “reasonable endeavours” means—

(a) undertaking consultation on the detailed design and programming of the shared area works and all works associated with or ancillary to the shared area works to ensure that the design and programme for the Green Hill project works does not unreasonably impede or interfere with the SGRE Project and/or the WMEL Project;

(b) having regard to the proposed programme of works for the SGRE Project and/or the WMEL Project as may be made available to the undertaker by National Grid Electricity Transmission Plc and facilitating a co-ordinated approach to the programme, land assembly, and the carrying out of the shared area works and the SGRE Project and/or the WMEL Project;

(c) providing a point of contact for continuing liaison and co-ordination throughout the construction and operation of the authorised works; and

(d) keeping National Grid Electricity Transmission Plc informed on the programme of works for the authorised works.

Shared area works

21. The undertaker must not except with the prior written agreement of National Grid carry out the shared area works, or any part of it.

22.—(1) Before beginning to construct any shared area works, or any part of it, the undertaker must submit to National Grid plans of the relevant shared area works (or part of it) and such further particulars available to it as National Grid Plc may request within 21 days of receipt of the plans reasonably requested.

(2) Any shared area works must not be constructed except in accordance with such plans as may be approved in writing by National Grid.

23.—(1) Any approval of National Grid required under this Schedule—

(a) must not be unreasonably withheld or delayed;

(b) in the case of a refusal must be accompanied by a statement of grounds or refusal; and

(c) may be given subject to such reasonable requirements as National Grid may have in connection with the safe, economic and efficient construction, commissioning, operation, 165Document Generated: 2026-10-21

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provided always that in relation to a refusal under sub-paragraph (b) or any requirements requested pursuant to sub-paragraph (c) the undertaker shall be permitted to refer such matters to dispute resolution pursuant to paragraph 37.

(2) National Grid must employ reasonable endeavours to respond to the submission of any plans within a period of 56 days from the date of submission of the plans. If National Grid require further particulars, such particulars must be requested by National Grid no later than 21 days from the submission of plans and thereafter National Grid Electricity Transmission Plc must employ reasonable endeavours to respond to the submission within 56 days from receipt of the further particulars.

24.—(1) The undertaker must give to National Grid not less than 14 days’ notice in writing of its intention to commence construction of any shared area works and notice in writing of its completion not later than 7 days after the date on which it is completed and National Grid Electricity Transmission Plc will be entitled by its officer to watch and inspect the construction of such works.

(2) If any part of the shared area works is constructed otherwise than in accordance with paragraph 22(2) above National Grid Electricity Transmission Plc may by notice in writing identify the extent to which the shared area works do not comply with the approved details and request the undertaker at the undertaker’s own expense carry out remedial works so as to comply with the requirements of paragraph 22(2) of this Schedule or such alternative works as may be agreed with National Grid Electricity Transmission Plc or as otherwise may be agreed between the parties.

(3) Subject to sub-paragraph (4), if within a reasonable period, being not less than 28 days beginning with the date when a notice under sub-paragraph (2) is served upon the undertaker, the undertaker has failed to begin taking steps to comply with the requirements of the notice and has not subsequently made reasonably expeditious progress towards their implementation, National Grid Electricity Transmission Plc may execute the works specified in the notice and any reasonable expenditure incurred by National Grid Electricity Transmission Plc in so doing will be recoverable from the undertaker.

(4) In the event of any dispute as to whether sub-paragraph (2) is properly applicable to any work in respect of which notice has been served under that sub-paragraph, or as to the reasonableness of any requirement of such a notice, National Grid Electricity Transmission Plc will not, except in the case of an emergency, exercise the powers conferred by sub-paragraph (3) until the dispute has been finally determined in accordance with paragraph 37.

On street apparatus

25. Except for paragraph 26 (apparatus of National Grid in streets subject to temporary prohibition or restriction of use), paragraph 31 (retained apparatus: protection of National Grid as electricity undertaker), paragraph 32 (expenses), and paragraph 33 (indemnity) of this Schedule which will apply in respect of the exercise of all or any powers under the Order affecting the rights and apparatus of National Grid, the provisions of this Part of this Schedule do not apply to apparatus in respect of which the relations between the undertaker and National Grid are regulated by the provisions of Part 3 of the 1991 Act.

Apparatus of National Grid in streets subject to temporary prohibition or restriction of use and public rights of way

26. Notwithstanding the temporary prohibition or restriction of use or diversion of a street or public right of way under the powers of article 12 (temporary closure, restriction or prohibition of 166Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. use of streets and public rights of way), National Grid is at liberty at all times to take all necessary access across any such street or public right of way and to execute and do all such works and things in, upon or under any such street or public right of way as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the prohibition or restriction of use or diversion was in that street or public right of way.

Protective works to buildings

27. The undertaker, in the case of the powers conferred by article 19 (protective works to buildings), must exercise those powers so as not to obstruct or render less convenient the access to any apparatus, the SGRE Site or to the WMEL Site without the prior written consent of National Grid.

Acquisition of land

28.—(1) Regardless of any provision in this Order or anything shown on the land plan or contained in the book of reference to the Order, the undertaker may not appropriate or acquire or take temporary possession of any land or apparatus or appropriate, acquire, extinguish, interfere with or override any easement, other interest or right or apparatus of National Grid otherwise than by agreement.

(2) Regardless of any provision in this Order or anything shown on the land plans, the undertaker must not unless otherwise agreed in writing with National Grid appropriate, acquire or take temporary possession of any land forming part of the SGRE Site, the WMEL Site and/or any access thereto.

(3) As a condition of an agreement between the parties in sub-paragraph (1), prior to the carrying out of any part of the authorised works (or in such other timeframe as may be agreed between National Grid and the undertaker) that is subject to the requirements of this Part of this Schedule that will cause any conflict with or breach the terms of any easement or other legal or land interest of National Grid or affect the provisions of any enactment or agreement regulating the relations between National Grid and the undertaker in respect of any apparatus laid or erected in land belonging to or secured by the undertaker, the undertaker must as National Grid reasonably requires enter into such deeds of consent upon such terms and conditions as may be agreed between National Grid and the undertaker acting reasonably and which must be no less favourable on the whole to National Grid unless otherwise agreed by National Grid, and the undertaker must use reasonable endeavours to procure and/or secure the consent and entering into of such deeds and variations by all other third parties with an interest in the land at that time who are affected by such authorised works.

(4) Save where otherwise agreed in writing between National Grid and the undertaker, the undertaker and National Grid agree that where there is any inconsistency or duplication between the provisions set out in this Part of this Schedule relating to the relocation or removal of apparatus (including but not limited to the payment of costs and expenses relating to such relocation or removal of apparatus) and the provisions of any existing easement, rights, agreements and licences granted, used, enjoyed or exercised by National Grid or other enactments relied upon by National Grid as of right or other use in relation to the apparatus, then the provisions in this Part of this Schedule will prevail.

(5) Any agreement or consent granted by National Grid under paragraph 31 or any other paragraph of this Part of this Schedule, will not be taken to constitute agreement under sub- paragraph 28(1).

Removal of apparatus

29.—(1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in or possesses temporarily any land in which any apparatus is placed, that apparatus must 167Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. not be removed under this Part of this Schedule and any right of National Grid to maintain that apparatus in that land must not be extinguished until alternative apparatus has been constructed, and is in operation to the reasonable satisfaction of National Grid in accordance with sub-paragraphs (2) to (5).

(2) If, for the purpose of executing any works in, on, under or over any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, it must give to National Grid advance written notice of that requirement, together with a plan of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order National Grid reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), secure any necessary consents for the alternative apparatus and afford to National Grid to its satisfaction (taking into account paragraph 30(1) ) the necessary facilities and rights—

(a) for the construction of alternative apparatus in other land of or land secured by the undertaker; and

(b) subsequently for the maintenance of that apparatus.

(3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of or land secured by the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2), in the land in which the alternative apparatus or part of such apparatus is to be constructed, National Grid may in its sole discretion, on receipt of a written notice to that effect from the undertaker, take such steps as are reasonable in the circumstances to assist the undertaker to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed save that this obligation does not extend to the requirement for National Grid to use its compulsory purchase powers to this end unless it elects to so do.

(4) Any alternative apparatus to be constructed in land of or land secured by the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between National Grid and the undertaker.

(5) National Grid must, after the alternative apparatus to be provided or constructed has been agreed, and subject to a written diversion agreement having been entered into between the parties and the grant to National Grid of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.

Facilities and rights for alternative apparatus

30.—(1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to or secures for National Grid facilities and rights in land for the construction, use, maintenance and protection of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and National Grid and must be no less favourable on the whole to National Grid than the facilities and rights enjoyed by it in respect of the apparatus to be removed unless otherwise agreed by National Grid.

(2) If the facilities and rights to be afforded by the undertaker in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are less favourable on the whole to National Grid than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the matter may be referred to arbitration in accordance with paragraph 37 (arbitration) of this Part of this Schedule and the arbitrator must make such provision for the payment of compensation by the undertaker to National Grid as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

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Retained apparatus: protection of National Grid as electricity undertaker

31.—(1) Not less than 56 days before the commencement of any specified works, the undertaker must submit to National Grid a plan of the works to be executed and seek from National Grid details of the underground extent of their electricity assets.

(2) In relation to specified works, the plan to be submitted to National Grid under sub- paragraph (1) must include a method statement and describe—

(a) the exact position of the works;

(b) the level at which these are proposed to be constructed or renewed;

(c) the manner of their construction or renewal including details of excavation, positioning of plant;

(d) the position of all apparatus;

(e) by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus;

(f) any intended maintenance regimes;

(g) an assessment of risks of rise of earth issues; and

(h) a ground monitoring scheme, where required.

(3) In relation to any works which will or may be situated on, over, under or within 10 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, in addition to the matters set out in sub- paragraph (2), include a method statement describing—

(a) details of any cable trench design including route, dimensions, clearance to pylon foundations;

(b) demonstration that pylon foundations will not be affected prior to, during and post construction;

(c) details of load bearing capacities of trenches;

(d) details of any cable installation methodology including access arrangements, jointing bays and backfill methodology;

(e) a written management plan for high voltage hazard during construction and ongoing maintenance of any cable route;

(f) written details of the operations and maintenance regime for any cable, including frequency and method of access;

(g) assessment of earth rise potential if reasonably required by National Grid’s engineers; and

(h) evidence that trench bearing capacity is to be designed to support overhead line construction traffic of up to and including 26 tonnes in weight.

(4) The undertaker must not commence any works to which sub-paragraphs (2) or (3) apply until National Grid has given written approval of the plan so submitted.

(5) Any approval of National Grid required under sub-paragraph (4)—

(a) may be given subject to reasonable conditions for any purpose mentioned in sub- paragraphs (6) or (8);

(b) may be given subject to such reasonable requirements as National Grid may have in connection with the safe and efficient construction, commissioning, operation and maintenance of the SGRE Project and/or the WMEL Project; and

(c) must not be unreasonably withheld.

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(6) In relation to any works to which sub-paragraph (2) or (1)apply, National Grid may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing its apparatus against interference or risk of damage or for the provision of protective works or for the purpose of providing or securing proper and convenient means of access to any apparatus.

(7) Works executed under sub-paragraphs (2) or (3) must be executed in accordance with the plan submitted under sub-paragraph (1), or as relevant sub-paragraph (6), as approved or as amended from time to time by agreement between the undertaker and National Grid and in accordance with such reasonable requirements as may be made in accordance with sub-paragraphs (6) or (8) by National Grid for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and National Grid will be entitled to watch and inspect the execution of those works.

(8) Where National Grid requires any protective works to be carried out by itself or by the undertaker (whether of a temporary or permanent nature) such protective works, inclusive of any measures or schemes required and approved as part of the plan approved pursuant to this paragraph, such protective works must be carried out to National Grid’s satisfaction prior to the commencement of any authorised works (or any relevant part thereof) for which protective works are required and National Grid shall give notice of its requirement for such works within 42 days of the date of submission of a plan pursuant to this paragraph (except in an emergency).

(9) If National Grid in accordance with sub-paragraphs (6) or (8) 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 18-20 and sub-paragraphs (6) to (8) apply as if the removal of the apparatus had been required by the undertaker under paragraph 29(2).

(10) 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 the authorised works, a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph shall apply to and in respect of the new plan.

(11) The undertaker will not be required to comply with sub-paragraph (1) where it needs to carry out emergency works as defined in section 52 of the 1991 Act but in that case, it must give to National Grid notice as soon as is reasonably practicable and a plan of those works and must comply with—

(a) sub-paragraphs (6), (7) and (8) insofar as is reasonably practicable in the circumstances; and

(b) sub-paragraph (12) at all times.

(12) At all times when carrying out any works authorised under this Order, the undertaker must comply with National Grid’s policies for development near overhead lines EN43-8 and the Health and Safety Executive’s guidance note 6 “Avoidance of Danger from Overhead Lines”.

Expenses

32.—(1) Save where otherwise agreed in writing between National Grid and the undertaker and subject to the following provisions of this paragraph, the undertaker must pay to National Grid within 30 days of receipt of an itemised invoice or claim from National Grid all charges, costs and expenses reasonably anticipated within the following three months or reasonably or properly incurred by National Grid in, or in connection with, the inspection, removal, relaying or replacing, alteration or protection of any apparatus or the construction of any new or alternative apparatus which may be required in consequence of the execution of any authorised works as are referred to in this Part of this Schedule including without limitation—

(a) any costs reasonably incurred by or compensation properly paid by National Grid in connection with the acquisition of rights or the exercise of statutory powers for such apparatus including without limitation all costs incurred by National Grid as a consequence of National Grid— 170Document Generated: 2026-10-21

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(i)using its own compulsory purchase powers to acquire any necessary rights under paragraph 29(3); or

(ii)exercising any compulsory purchase powers in the Order transferred to or benefitting National Grid;

(b) in connection with the cost of the carrying out of any diversion work or the provision of any alternative apparatus, where no written diversion agreement is otherwise in place;

(c) the cutting off of any apparatus from any other apparatus or the making safe of redundant apparatus;

(d) the approval of plans;

(e) the carrying out of protective works, plus a capitalised sum to cover the cost of maintaining and renewing permanent protective works; and

(f) the survey of any land, apparatus or works, the inspection and monitoring of works or the installation or removal of any temporary works reasonably necessary in consequence of the execution of any such works referred to in this Part of this Schedule.

(2) There will be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Part of this Schedule and which is not re-used as part of the alternative apparatus, that value being calculated after removal.

(3) If in accordance with the provisions of this Part of this Schedule—

(a) apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or

(b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated, and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with paragraph 37 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub- paragraph would be payable to National Grid by virtue of sub-paragraph (1) will be reduced by the amount of that excess save to the extent that it is not possible in the circumstances to obtain the existing type of apparatus at the same capacity and dimensions or place at the existing depth in which case full costs will be borne by the undertaker.

(4) For the purposes of sub-paragraph (3)—

(a) an extension of apparatus to a length greater than the length of existing apparatus will not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and

(b) where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole will be treated as if it also had been agreed or had been so determined.

(5) Any amount which apart from this sub-paragraph would be payable to National Grid in respect of works by virtue of sub-paragraph (1) will, if the works include the placing of apparatus

provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on National Grid any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

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Indemnity

33.—(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any works authorised by this Part of this Schedule or in consequence of the construction, use, maintenance or failure of any of the specified works by or on behalf of the undertaker or in consequence of any act or default of the undertaker (or any person employed or authorised by him) in the course of carrying out such works, including without limitation works carried out by the undertaker under this Part of this Schedule or any subsidence resulting from any of these works, any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of the specified works) or property of National Grid, or there is any interruption in any service provided, or in the supply of any goods, by National Grid, or National Grid becomes liable to pay any amount to any third party, the undertaker will—

(a) bear and pay on demand accompanied by an invoice or claim from National Grid the cost reasonably and properly incurred by National Grid in making good such damage or restoring the supply; and

(b) indemnify National Grid for any other expenses, loss, demands, proceedings, damages, claims, penalties or costs incurred by or recovered from National Grid, by reason or in consequence of any such damage or interruption or National Grid becoming liable to any third party and including STC claims or an incentive deduction other than arising from any default of National Grid.

(2) The fact that any act or thing may have been done by National Grid on behalf of the undertaker or in accordance with a plan approved by National Grid or in accordance with any requirement of National Grid or under its supervision will not (unless sub-paragraph (3) applies), excuse the undertaker from liability under the provisions of this sub-paragraph unless National Grid fails to carry out and execute the works properly with due care and attention and in a skilful and workman like manner or in a manner that does not accord with the approved plan.

(3) Nothing in sub-paragraph (1) imposes any liability on the undertaker in respect of—

(a) any damage or interruption to the extent that it is attributable to the neglect or default of National Grid, its officers, servants, contractors or agents;

(b) any indirect or consequential loss of any third party (including but not limited to loss of use, revenue, profit, contract, production, increased cost of working or business interruption) arising from any such damage or interruption, which is not reasonably foreseeable; or

(c) any specified works or any other works authorised by this Part of this Schedule carried out by National Grid as an assignee, transferee or lessee of the undertaker with the benefit of the Order pursuant to section 156 of the 2008 Act or article 37 (consent to transfer the benefit of the Order) subject to the proviso that once such works become apparatus (“new apparatus”), any authorised works yet to be executed and not falling within this paragraph 33(3)(b) will be subject to the full terms of this Part of this Schedule including this paragraph 33; or

(4) National Grid must give the undertaker reasonable written notice of any such third party claim or demand and no settlement, admission of liability or compromise must, unless payment is required in connection with a statutory compensation scheme, be made without first consulting with the undertaker and considering their representations.

(5) National Grid must, in respect of any matter covered by the indemnity given by the undertaker in this paragraph, at all times act reasonably and in the same manner as it would as if settling third party claims on its own behalf from its own funds.

(6) National Grid must use its reasonable endeavours to mitigate and to minimise any costs, expenses, loss, demands, and penalties to which the indemnity under this paragraph applies where it is within National Grid’s reasonable ability and control to do so and which expressly excludes any 172Document Generated: 2026-10-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. obligation to mitigate liability arising from third parties which is outside of National Grid’s control and if reasonably requested to do so by the undertaker National Grid must provide an explanation of how the claim has been minimised, where relevant.

(7) Not to commence construction (and not to permit the commencement of such construction) of the authorised works on any land owned by National Grid or in respect of which National Grid has an easement or wayleave for its apparatus or any other interest or to carry out any works within 15 metres of National Grid’s apparatus until the following conditions are satisfied—

(a) unless and until National Grid is satisfied acting reasonably (but subject to all necessary regulatory constraints) that the undertaker has first provided the acceptable security and

provided evidence that it shall maintain such acceptable security for the construction period of the authorised works from the proposed date of commencement of construction of the authorised works and National Grid has confirmed the same to the undertaker in writing; and

(b) unless and until National Grid is satisfied acting reasonably (but subject to all necessary regulatory constraints) that the undertaker has procured acceptable insurance and provided evidence to National Grid that it shall maintain such acceptable insurance for the construction period of the authorised works from the proposed date of commencement of construction of the authorised works and National Grid has confirmed the same in writing to the undertaker.

(8) In the event that the undertaker fails to comply with sub-paragraph (7), nothing in this Part of this Schedule will prevent National Grid from seeking injunctive relief (or any other equitable remedy) in any court of competent jurisdiction.

Enactments and agreements

34. Save to the extent provided for to the contrary elsewhere in this Part of this Schedule or by agreement in writing between National Grid and the undertaker, nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and National Grid in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.

Co-operation

35.—(1) Where in consequence of the proposed construction of any part of the authorised works, the undertaker or National Grid requires the removal of apparatus under paragraph 29(2) or National Grid makes requirements for the protection or alteration of apparatus under paragraph 31, the undertaker will use its best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised works and taking into account the need to ensure the safe and efficient operation of National Grid’s undertaking and National Grid will use its best endeavours to co-operate with the undertaker for that purpose.

(2) Whenever National Grid’s consent, agreement or approval is required in relation to plans, documents or other information submitted by the undertaker or the taking of action by the undertaker, it must not be unreasonably withheld or delayed.

Access

36. If in consequence of the agreement reached in accordance with paragraph 28 or the powers granted under this Order the access to any apparatus, the SGRE Site and/or the WMEL Site is materially obstructed, the undertaker must provide such alternative means of access to such apparatus, the SGRE Site and/or the WMEL Site as will enable National Grid to access, maintain or use the apparatus, the SGRE Site and/or the WMEL Site no less effectively than was possible before such obstruction.

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Arbitration

37. Save for differences or disputes arising under paragraphs 29(2), 29(4), 30(1) and 31, any difference or dispute arising between the undertaker and National Grid under this Part of this Schedule must, unless otherwise agreed in writing between the undertaker and National Grid, be determined by arbitration in accordance with article 44 (arbitration).

Notices

38. Any plans submitted to National Grid by the undertaker pursuant to this Part of this Schedule must be submitted using the LSBUD system (https://lsbud.co.uk) or to such other address as National Grid may from time to time appoint instead for that purpose and notify to the undertaker in writing.

PART 4 FOR THE PROTECTION OF NATIONAL GRID ELECTRICITY DISTRIBUTION (EAST MIDLANDS) PLC AS ELECTRICITY UNDERTAKER Application

39. For the protection of National Grid Electricity Distribution (East Midlands) plc the following provisions, unless otherwise agreed in writing between the undertaker and National Grid Electricity Distribution (East Midlands) plc, have effect.

Interpretation

40. In this Part of this Schedule— “alternative apparatus” means alternative apparatus adequate to enable NGED to fulfil its statutory functions in a manner not less efficient than previously and where the context requires includes any part of such alternative apparatus;

“alternative rights” means all and any necessary legal easements, leases, consents, or permissions required by NGED in order to permit or authorise a diversion and to permit or authorise NGED to lay, keep, operate, maintain, adjust, repair, alter, relay, renew, supplement, inspect, examine, test and remove the alternative apparatus;

“apparatus” means electric lines or electrical plant as defined in the 1989 Act(78), belonging to or maintained by NGED; “diversion” means an alteration to the NGED Network in order to enable or facilitate the authorised development;

“functions” includes powers and duties; “in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over or upon land; “NGED” means National Grid Electricity Distribution (East Midlands) plc (company number

02366923) whose registered office is at Avonbank, Feeder Road, Bristol, BS2 0TB; “NGED Network” means NGED’s distribution network operated pursuant to its distribution licence issued pursuant to section 6 of the 1989 Act;

(78) 1989 c. 29. The definition of “electrical plant” (in section 64) was amended by paragraphs 24 and 38(1) and (3) of Schedule 6 to the Utilities Act 2000 (c. 27).

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Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. “plan” or “plans” includes all designs, drawings, specifications, method statements, programmes, calculations, risk assessments and other documents that are reasonably necessary to properly and sufficiently describe and assess the works to be executed; and “specified work” means so much of any of the authorised development that is carried out within 6 metres of any apparatus.

Precedence of 1991 Act in respect of apparatus in streets

41. This Part of this Schedule does not apply to apparatus in respect of which the relations between the undertaker and NGED are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act.

42. Regardless of the temporary prohibition or restriction of use of streets under the powers conferred by article 12 (temporary closure, restriction or prohibition of use of streets and public rights of way), NGED is at liberty at all times to take all necessary access across any such street and to execute and do all such works and things in, upon or under any such street as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the prohibition or restriction was in that street.

No acquisition except by agreement

43. Regardless of any provision in this Order, the undertaker must not acquire any apparatus otherwise than by agreement.

Removal of apparatus

44.—(1) If, in the exercise of the powers conferred by this Order, the undertaker requires that apparatus is relocated or diverted, that apparatus must not be removed under this Part of this Schedule and any right of NGED to maintain that apparatus in that land must not be extinguished until alternative apparatus has been constructed, alternative rights acquired or granted for the alternative apparatus and the alternative apparatus is in operation and access to it has been provided if necessary to the reasonable satisfaction of NGED in accordance with sub-paragraphs (2) to (10) or with such alternative or supplementary provisions as the undertaker and NGED may agree between them.

(2) If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, the undertaker must give to NGED written notice of that requirement, together with a plan of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed.

(3) If as a direct consequence of the exercise of any of the powers conferred by this Order NGED reasonably needs to remove or divert any of its apparatus and the removal of that apparatus has not been required by the undertaker under sub-paragraph (2) then NGED must give to the undertaker written notice of that requirement, together with a plan of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and this Part has effect as if the removal or diversion of such apparatus had been required by the undertaker under sub-paragraph (2).

(4) If as a direct consequence of the removal or diversion of apparatus under sub-paragraph (2) or (3) alternative apparatus is to be constructed in land owned or controlled by the undertaker then the undertaker must afford to NGED the necessary facilities, alternative rights and any necessary third party consent or approvals for the construction of alternative apparatus in the other land owned or controlled by the undertaker.

(5) If the undertaker or NGED requires to remove or divert any apparatus placed within the

Order land and alternative apparatus is to be constructed in land not owned or controlled by the undertaker as a consequence of the removal or diversion of apparatus then NGED shall use its 175Document Generated: 2026-10-21

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(6) If alternative apparatus is to be constructed in land not owned or controlled by the undertaker and NGED is unable to obtain such alternative rights as are mentioned in sub-paragraph (5), the undertaker and NGED shall consider whether there is an alternative engineering solution that can achieve the diversion without the need for the use of compulsory powers. Should such an alternative engineering solution not be practicable and deliverable in a reasonable timescale and at a reasonable cost (which shall be determined by the undertaker acting reasonably), NGED may but shall not be compelled to use the powers of compulsory acquisition set out in this Order or the 1989 Act to obtain the necessary facilities and rights in the land outside the Order limits in which the alternative apparatus is to be constructed in accordance with a timetable agreed between NGED and the undertaker.

(7) Any alternative apparatus required pursuant to sub-paragraphs (2) or (3) must be constructed in such manner and in such line or situation as may be agreed between NGED and the undertaker or in default of agreement settled in accordance with paragraph 49 (expert determination).

(8) NGED must, after the alternative apparatus to be provided or constructed has been agreed or settled in accordance with paragraph 49(2) (expert determination) and, after the acquisition by or grant to NGED of any such facilities and alternative rights as are referred to in sub-paragraphs (2) to (6), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.

(9) Regardless of anything in sub-paragraph (8), if the undertaker gives notice in writing to NGED that it desires itself to execute any work, or part of any work in connection with the construction or removal of apparatus in any land controlled by the undertaker, that work, instead of being executed by NGED, must be executed by the undertaker—

(a) in accordance with plans and specifications and in such line or situation agreed between the undertaker and NGED, or, in default of agreement, determined in accordance with paragraph 49(2) (expert determination); and

(b) without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of NGED.

(10) Nothing in sub-paragraph (9) authorises the undertaker to execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus or alternative apparatus, or execute any filling around the apparatus or alternative apparatus (where the apparatus or alternative apparatus is laid in a trench) within 600 millimetres of the point of connection or disconnection.

Facilities and rights for alternative apparatus

45.—(1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to NGED facilities and alternative rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities and alternative rights must be granted upon such terms and conditions as may be agreed between the undertaker and NGED or in default of agreement settled in accordance with paragraph 49(2) (expert determination).

(2) In settling those terms and conditions in respect of alternative apparatus to be constructed in the land of the undertaker, the expert must—

(a) give effect to all reasonable requirements of the undertaker for ensuring the safety and efficient operation of the authorised development and for securing any subsequent alterations or adaptations of the alternative apparatus which may be required to prevent interference with any proposed works of the undertaker;

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(b) have regard to the terms and conditions, if any, applicable to the apparatus for which the alternative apparatus is to be substituted;

(c) have regard to NGED’s ability to fulfil its service obligations and comply with its licence conditions; and

(d) have regard to the standard form rights NGED ordinarily secures for the type of alternative apparatus to be constructed in the circumstances similar to the authorised development.

(3) If the facilities and alternative rights to be afforded by the undertaker in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and alternative rights are to be granted, are in the opinion of the expert less favourable on the whole to NGED than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the expert must make such provision for the payment of compensation by the undertaker to NGED as appears to the expert to be reasonable having regard to all the circumstances of the particular case.

Retained apparatus

46.—(1) Not less than 60 days before the undertaker intends to start the execution of any specified work where the removal of the apparatus in question has not been required under paragraph 44 (removal of apparatus), the undertaker shall submit to NGED a plan of the works to be executed.

Any submission must note the time limits imposed on NGED under sub-paragraph (3).

(2) Subject to sub-paragraph (3) below the undertaker shall not commence any works to which sub-paragraph (1) applies until NGED has identified any reasonable requirements it has for the alteration or protection of the apparatus, or for securing access to it.

(3) If by the expiry of 60 days beginning with the date on which a plan under sub-paragraph (1) is submitted NGED has not advised the undertaker in writing of any reasonable requirements for the alteration or protection of the apparatus, or for securing access to it, it shall be deemed not to have any such requirements and the undertaker shall be at liberty to proceed with the works.

(4) The works referred to in sub-paragraph (1) must be executed only in accordance with the plan submitted under sub-paragraph (1) and in accordance with any reasonable requirements as may be notified in accordance with sub-paragraph (2) by NGED and NGED shall be entitled to watch and inspect the execution of those works.

(5) At all times when carrying out the authorised development the undertaker must comply with NGED’s Avoidance of Danger from Electricity Overhead Lines and Underground Cables (2014), the Energy Network Association’s A Guide to the Safe Use of Mechanical Plant in the Vicinity of Electricity Overhead Lines (undated), the Health and Safety Executive’s GS6 Avoiding Danger from Overhead Power Lines, and the Health and Safety Executive’s HSG47 Avoiding Danger from Underground Services (Third Edition) (2014) as the same may be replaced from time to time.

(6) If NGED, in accordance with sub-paragraph (2) and in consequence of the works proposed by the undertaker, reasonably requires the removal or diversion of any apparatus and gives written notice to the undertaker of that requirement, this Part of this Schedule applies as if the removal or diversion of the apparatus had been required by the undertaker under paragraph 44(3) (removal of apparatus).

(7) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 60 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.

(8) The undertaker is not required to comply with sub-paragraph (1) in a case of emergency but in that case it must give to NGED notice as soon as is reasonably practicable and a plan of those works as soon as reasonably practicable subsequently and must comply with any reasonable requirements stipulated by NGED under sub-paragraph (2) and with sub-paragraphs (4) and (5) in so far as is 177Document Generated: 2026-10-21

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Expenses and costs

47.—(1) Subject to the following provisions of this paragraph, the undertaker must pay to NGED the proper and reasonable expenses reasonably incurred by NGED in, or in connection with, the inspection, removal, diversion, alteration or protection of any apparatus, the construction of any alternative apparatus and the acquisition or grant of alternative rights for the alternative apparatus, arising as a result of the powers conferred upon the undertaker pursuant to this Order.

(2) The value of any apparatus removed under the provisions of this Part of this Schedule must be deducted from any sum payable under sub-paragraph (1), that value being calculated after removal.

(3) If in accordance with the provisions of this Part of this Schedule NGED requires that alternative apparatus of better type, of greater capacity, of greater dimensions or at a greater depth is necessary in substitution for existing apparatus which for NGED’s network requirements is over and above what is necessary as a consequence of and for the purpose of the authorised development, NGED shall reduce the cost of such additional requirements from the amount payable by the undertaker pursuant to sub-paragraph (1).

(4) For the purposes of sub-paragraph (3)—

(a) an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus where such extension is required in consequence of the authorised development;

and

(b) where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be treated as if it also had been agreed or had been so determined.

(5) An amount which apart from this sub-paragraph would be payable to a utility undertaker in respect of works by virtue of sub-paragraph (1), if the works include the placing of apparatus

provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the utility undertaker any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, is to be reduced by the amount which represents that benefit.

48.—(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any specified work or any subsidence resulting from any of those works any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of NGED the undertaker is to—

(a) bear and pay the cost reasonably incurred by NGED in making good such damage or restoring the supply; and

(b) reimburse NGED for any other expenses, loss, damages, penalty or costs reasonably and properly incurred by NGED, by reason or in consequence of any such damage or interruption.

(2) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of NGED, its officers, servants, contractors or agents.

(3) NGED must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise is to be made without the consent of the undertaker which, if it withholds such consent, is to have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

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(4) NGED must act reasonably in relation to any claim or demand served under sub-paragraph (1) and use its reasonable endeavours to mitigate and to minimise any costs, expenses, loss, claims, demands, proceedings and penalties to which a claim or demand under sub-paragraph (1) applies.

(5) NGED’s liability to the undertaker for negligence or breach of contract in respect of each diversion shall be limited to the value of that diversion and NGED shall not otherwise be liable to the undertaker for any losses or costs incurred by the undertaker resulting from delays to the authorised development as a result of its failure to undertake works to deliver any alternative apparatus.

Expert determination

49.—(1) Article 44 (arbitration) shall apply to any difference as to the legal interpretation of this Part of this Schedule and as provided for in sub-paragraph (7).

(2) Save as provided for in sub-paragraph (1) or sub-paragraph (7) any difference under this Part of this Schedule must be referred to and settled by a single independent and suitable person who holds appropriate professional qualifications and is a member of a professional body relevant to the matter in dispute acting as an expert, such person to be agreed by the differing parties or, in the absence of agreement, identified by the President of the Institution of Civil Engineers or the President of the Institution of RICS or the President of the Institution of Engineering and Technology (as relevant and agreed between NGED and the undertaker, both acting reasonably and without delay).

(3) All parties involved in settling any difference must use best endeavours to do so within 14 days from the date of a dispute first being notified in writing by one party to the other and in the absence of the difference being settled within that period the expert must be appointed within 21 days of the notification of the dispute.

(4) The costs and fees of the expert and the costs of NGED and the undertaker are payable by the parties in such proportions as the expert may determine. In the absence of such determination the costs and fees of the expert are payable equally by the parties who shall each bear their own costs.

(5) The expert must—

(a) invite the parties to make submissions to the expert in writing and copied to the other party to be received by the expert within 14 days of the expert’s appointment;

(b) permit a party to comment on the submissions made by the other party within 7 days of receipt of the submission;

(c) issue a decision within 14 days of receipt of the submissions under paragraph (b); and

(d) give reasons for the decision.

(6) The expert must consider where relevant—

(a) the development outcome sought by the undertaker;

(b) the ability of the undertaker to achieve its outcome in a timely and cost-effective manner;

(c) the nature of the power sought to be exercised by the undertaker;

(d) the effectiveness, cost and reasonableness of proposals for mitigation arising from any party;

(e) NGED’s service obligations and licence conditions; and

(f) any other important and relevant consideration.

(7) Any determination by the expert is final and binding, except in the case of manifest error in which case the difference that has been subject to expert determination may be referred to and settled by arbitration under article 44 (arbitration).

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PART 5 FOR THE PROTECTION OF ANGLIAN WATER Application

50. For the protection of Anglian Water the following provisions have effect, unless otherwise agreed in writing between the undertaker and Anglian Water.

Interpretation

51. In this Part of this Schedule— “alternative apparatus” means alternative apparatus adequate to enable Anglian Water to fulfil its statutory functions in a manner no less efficient than previously; “Anglian Water” means Anglian Water Services Limited (company number 02366656) whose registered office is at Lancaster House, Lancaster Way, Ermine Business Park, Huntington, Cambridgeshire PE29 6XU;

“apparatus” means—

(a) works, mains, pipes or other apparatus belonging to or maintained by Anglian Water for the purposes of water supply and sewerage;

(b) any drain or works vested in Anglian Water under the Water Industry Act 1991;

(c) any sewer which is so vested or is the subject of a notice of intention to adopt given under

section 102(4) of that Act or an agreement to adopt made under section 104 of that Act;

(d) any drainage system constructed for the purpose of reducing the volume of surface water entering any public sewer belonging to Anglian Water; and

(e) includes a sludge main, disposal main or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works, and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

and for the purpose of this definition, where words are defined by section 219 of that Act, they must be taken to have the same meaning; “functions” includes powers and duties; “in”, in a context referring to apparatus or alternative apparatus in land, includes a reference to apparatus or alternative apparatus under, over or upon land; and “plan” includes all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe the works to be executed.

On street apparatus

52. This Part of this Schedule does not apply to apparatus in respect of which the relations between the undertaker and Anglian Water are regulated by the provisions of Part 3 of the 1991 Act.

Apparatus in restricted streets

53. Regardless of the temporary closure, restriction or diversion of any highway under the powers conferred by article 12 (temporary closure, restriction or prohibition of use of streets and public rights of way), Anglian Water is at liberty at all times to take all necessary access across any such temporarily closed highway and to execute and do all such works and things in, upon or under any 180Document Generated: 2026-10-21

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Protective works to buildings

54. The undertaker, in the case of the powers conferred by article 19 (protective works to buildings), must exercise those powers so as not to obstruct or render less convenient the access to any apparatus unless the prior written consent of Anglian Water has been obtained pursuant to paragraph 58 (such consent not to be unreasonably withheld).

Acquisition of land

55. Regardless of any provision in this Order or anything shown on the land plans, the undertaker must not acquire any apparatus otherwise than by agreement, such agreement not to be unreasonably withheld or delayed if the acquisition is required in connection with an approval or consent granted under this Part of this Schedule.

Removal of apparatus

56.—(1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed or requires that Anglian Water’s apparatus is relocated or diverted, that apparatus must not be removed under this Part of this Schedule, and any right of Anglian Water to maintain that apparatus in that land must not be extinguished, until

(a) alternative apparatus has been constructed and is in operation to the reasonable satisfaction of Anglian Water in accordance with sub-paragraphs (2) to (8); and

(b) facilities and rights have been secured for that alternative apparatus in accordance with paragraph 57.

(2) If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, the undertaker must give to Anglian Water 28 days’ written notice of that requirement, together with a plan of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order an undertaker reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to Anglian Water the necessary facilities and rights for the construction of alternative apparatus in other land of the undertaker and subsequently for the maintenance of that apparatus.

(3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of or land secured by the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2) in the land in which the alternative apparatus or part of such apparatus is to be constructed Anglian Water must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use its best endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed.

(4) Any alternative apparatus to be constructed in land of or secured by the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between Anglian Water and the undertaker or in default of agreement settled by arbitration in accordance with article 44 (arbitration).

(5) Anglian Water must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 44 (arbitration), and after the grant to Anglian Water of any such facilities and rights as are referred to in sub-paragraphs (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and 181Document Generated: 2026-10-21

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(6) Regardless of anything in sub-paragraph (5), if Anglian Water gives notice in writing to the undertaker that it desires the undertaker to execute any work, or part of any work in connection with the construction or removal of apparatus in any land of the undertaker or to the extent that Anglian Water fails to proceed with that work in accordance with sub-paragraph (5) or the undertaker and Anglian Water otherwise agree, that work, instead of being executed by Anglian Water, must be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of Anglian Water.

(7) If Anglian Water fails either reasonably to approve, or to provide reasons for its failure to approve along with an indication of what would be required to make acceptable, any proposed details relating to required removal works under sub-paragraph (2) within 28 days of receiving a notice of the required works from the undertaker, then such details are deemed to have been approved. For the avoidance of doubt, any such “deemed consent” does not extend to the actual undertaking of the removal works, which must remain the sole responsibility of Anglian Water or its contractors unless the works are to be carried out by the undertaker in accordance with sub-paragraph (6).

(8) Whenever alternative apparatus is to be or is being substituted for existing apparatus, the undertaker must, before taking or requiring any further step in such substitution works, use best endeavours to comply with Anglian Water’s reasonable requests for a reasonable period of time to enable Anglian Water to—

(a) make network contingency arrangements; or

(b) bring such matters as it may consider reasonably necessary to the attention of end users of the utility in question.

Facilities and rights for alternative apparatus

57.—(1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to Anglian Water facilities and rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities and rights are to be granted upon such terms and conditions as may be agreed between the undertaker and Anglian Water or in default of agreement settled by arbitration in accordance with article 44

(arbitration).

(2) If the facilities and rights to be afforded by the undertaker in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to Anglian Water than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator must make such provision for the payment of compensation by the undertaker to Anglian Water as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

(3) Such facilities and rights as are set out in this paragraph are deemed to include any statutory permits granted to the undertaker or Anglian Water in respect of the apparatus in question, whether under the Environmental Permitting (England and Wales) Regulations 2016 or other legislation.

Retained apparatus

58.—(1) Not less than 28 days before starting the execution of any works in, on or under any land purchased, held, appropriated or used under this Order that are near to, or will or may affect, any apparatus (or any means of access to it) the removal of which has not been required by the undertaker under paragraph 56(2), the undertaker must submit to Anglian Water a plan of the works to be executed.

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(2) Those works must be executed only in accordance with the plan submitted under sub- paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by Anglian Water for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and Anglian Water is entitled to watch and inspect the execution of those works.

(3) Any requirements made by Anglian Water under sub-paragraph (2) must be made within a period of 21 days beginning with the date on which a plan under sub-paragraph (1) is submitted to it.

(4) If Anglian Water in accordance with sub-paragraph (3) 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 50 to 52 and 55 to 57 apply as if the removal of the apparatus had been required by the undertaker under paragraph 56(2).

(5) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 28 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.

(6) The undertaker is not required to comply with sub-paragraph (1) in a case of emergency but in that case must give to Anglian Water notice as soon as is reasonably practicable and a plan of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (3) in so far as is reasonably practicable in the circumstances, using its best endeavours to keep the impact of those emergency works on Anglian Water’s apparatus, on the operation of its water and sewerage network and on end-users of the services Anglian Water provides to a minimum, save that the undertaker’s obligation to use such best endeavours is subject to the undertaker’s obligation to ensure the safe operation of the authorised development and measures taken by the undertaker to address a danger to life or property must be interpreted as the use of best endeavours.

(7) For the purposes of sub-paragraph (1) and without prejudice to the generality of the principles set out in that sub-paragraph, works are deemed to be in land near Anglian Water’s apparatus (where it is a pipe) if those works fall within the following distances measured from the medial line of such apparatus—

(a) 4 metres where the diameter of the pipe is less than 250 millimetres;

(b) 5 metres where the diameter of the pipe is between 250 and 400 millimetres; and

(c) a distance to be agreed on a case by case basis and before the submission of the Plan under sub-paragraph (1) is submitted where the diameter of the pipe exceeds 400 millimetres.

Expenses and costs

59.—(1) Subject to the following provisions of this paragraph, the undertaker must repay to Anglian Water all expenses reasonably incurred by Anglian Water in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any such works as are referred to in this Part of this Schedule but always excluding any consequential loss or indirect loss suffered by Anglian Water.

(2) There must be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Part of this Schedule that value being calculated after removal.

(3) If in accordance with the provisions of this Part of this Schedule—

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(b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated, and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 44 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to Anglian Water by virtue of sub-paragraph (1) must be reduced by the amount of that excess.

(4) For the purposes of sub-paragraph (3)—

(a) an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and

(b) where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be treated as if it also had been agreed or had been so determined.

(5) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any such works referred to in paragraphs 54 or 56(2), or by reason of any subsidence resulting from such development or works, any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of Anglian Water, or there is any interruption in any service

provided, or in the supply of any goods, by Anglian Water, the undertaker must—

(a) bear and pay the cost reasonably incurred by Anglian Water in making good such damage or restoring the supply; and

(b) make reasonable compensation to Anglian Water for any other expenses, loss, damages, penalty or costs incurred by Anglian Water, by reason or in consequence of any such damage or interruption but always excluding any consequential loss or indirect loss arising from such damage or interruption.

(6) The fact that any act or thing may have been done by Anglian Water on behalf of the undertaker or in accordance with a plan approved by Anglian Water or in accordance with any requirement of Anglian Water or under its supervision does not, subject to sub-paragraph (7), excuse the undertaker from liability under the provisions of sub-paragraph (1) unless Anglian Water fails to carry out and execute the works properly with due care and attention and in a skilful and professional like manner or in a manner that does not accord with the approved plan.

(7) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the unlawful or unreasonable act, neglect or default of Anglian Water, its officers, servants, contractors or agents.

(8) Anglian Water must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise is to be made, without the consent of the undertaker (such consent not to be unreasonably withheld or delayed) who, if withholding such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

(9) Anglian Water must use reasonable endeavours to mitigate in whole or in part and to minimise any costs, expenses, loss, demands and penalties to which the undertaker must bear and pay the costs for.

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Cooperation

60.—(1) Where in consequence of the proposed construction of any of the authorised development, the undertaker or Anglian Water requires the removal of apparatus under paragraph 56(2) or Anglian Water makes requirements for the protection or alteration of apparatus under paragraph 58, the undertaker must use all reasonable endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe and efficient operation of Anglian Water’s undertaking, using existing processes where requested by Anglian Water, provided it is appropriate to do so, and Anglian Water must use all reasonable endeavours to co-operate with the undertaker for that purpose.

(2) Where the undertaker identifies any apparatus which may belong to or be maintainable by Anglian Water but which does not appear on any statutory map kept for the purpose by Anglian Water, it shall inform Anglian Water of the existence and location of the apparatus as soon as reasonably practicable.

(3) Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and Anglian Water in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.

(4) The undertaker and Anglian Water may by written agreement substitute any period of time for those periods set out in this Part of this Schedule.

PART 6 FOR THE PROTECTION OF NATIONAL HIGHWAYS Application etc.

61.—(1) The provisions of this Part of this Schedule apply for the protection of National Highways and have effect unless otherwise agreed in writing between the undertaker and National Highways.

(2) For any part of the strategic road network that is managed under a DBFO contract, both National Highways and the highway operations and maintenance contractor will have the benefit of this Part of this Schedule, save that for the purposes of any approval required under this Part the undertaker must liaise with National Highways.

(3) Except where expressly amended by the Order, the operation of the powers and duties of National Highways or the Secretary of State under the 1980 Act, the 1984 Act, the 1991 Act, the Transport Act 2000(79), or the Town and Country Planning (General Permitted Development)

(England) Order 2015(80) shall continue to apply in respect of the exercise of all statutory functions of National Highways.

Interpretation

62.—(1) Where the terms defined in article 2 (interpretation) of this Order are inconsistent with sub-paragraph (2) the latter prevail.

(2) In this Part of this Schedule— “as built information” means one electronic copy of the following information where National Highways deems it to be necessary and insofar as it is relevant to the works impacting the strategic road network or any land in which National Highways holds an interest—

(79) 2000 c. 38.

(80) S.I. 2015/596.

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(a) as constructed drawings in both PDF and AutoCAD DWG formats for any road work designed by the undertaker; in compliance with Interim Advice Note 184 or any successor document, and for the cable works, showing the location and depth of the cable as installed and any ancillary or protective measures installed within the strategic road network or land that National Highways has an interest in;

(b) list of suppliers and materials used, as well as any relevant test results and CCTV surveys (if required to comply with DMRB standards);

(c) product data sheets and technical specifications for all materials used;

(d) as constructed information for any utilities discovered or moved during the works;

(e) method statements for the works carried out;

(f) in relation to road lighting, signs, and traffic signals any information required by Series 1300 and 1400 of the Specification for Highway Works or any replacement or modification of it;

(g) organisation and methods manuals for all products used;

(h) as constructed programme;

(i) test results and records as required by the detailed design information and during construction phase of the project;

(j) a stage 3 road safety audit subject to any exceptions to the road safety audit standard as agreed by the undertaker and National Highways;

(k) the health and safety file; and

(l) such other information, including CCTV surveys, as is required by National Highways to be used to update all relevant databases and to ensure compliance with National Highway’s Asset Data Management Manual or any successor of it as is in operation at the relevant time.

“bond” means a bond in the form approved by National Highways duly executed by the undertaker and a reputable UK surety company or other UK financial institution to be previously approved in writing by National Highways (such approval not to be unreasonably withheld or delayed);

“the bond sum” means the sum equal to 200% of the cost of carrying out the road works and the cable works (to include all costs plus any commuted sum), or such other sum agreed between the undertaker and National Highways, to be provided to National Highways in the form of—

(a) a bond; or

(b) a cash surety; or

(c) where agreed by National Highways a combination of a bond and cash surety; “cash surety” means a cash deposit to be paid by the undertaker into an account specified by National Highways; “commuted sum” means such sum calculated as provided for in paragraph 73 of this Part of this Schedule to be used to fund the future cost of maintaining any new National Highways assets, structures or apparatus as part of the road works provided under the Order;

“cable works” means any works under this Order which consist of the installation and maintenance of cables, cable ducts, tunnels for cables and cable ducts and related or associated works to those operations under the strategic road network or in land in which National Highways has an interest, and to be installed through the use of trenchless installation techniques where no works are required to or on the operational carriageway;

“cable works provisional certificate” means the certificate of provisional completion relating to those aspects of the cable works that have resulted in any alteration to the strategic road 186Document Generated: 2026-10-21

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“condition survey” means a survey of the condition of National Highways structures and assets that in the reasonable opinion of National Highways may be affected by the road works or cable works which National Highways may require including a CCTV survey of specified drains that National Highways reasonably considers may be materially and adversely affected by the road works or cable works;

“contractor” means any contractor or subcontractor appointed by the undertaker to carry out the road works or the cable works or both; “defects period” means the period from the date of the provisional certificate to the date of the final certificate which shall be no less than 12 months from the date of the provisional certificate;

“detailed design information” means such of the following drawings specifications and calculations as are relevant to—

(a) the road works—

(i) site clearance details;

(ii) boundary, environmental and mitigation fencing;

(iii) road restraints systems and supporting road restraint risk appraisal process assessment;

(iv) drainage and ducting as required by DMRB CD 535 Drainage asset data and risk management and DMRB CS551 Drainage surveys – standards for Highways;

(v) earthworks including supporting geotechnical assessments required by DMRB CD622 Managing geotechnical risk and any required strengthened earthworks appraisal form certification;

(vi) pavement, pavement foundations, kerbs, footways and paved areas;

(vii) traffic signs and road markings;

(viii) traffic signal equipment and associated signal phasing and timing detail;

(ix) road lighting (including columns and brackets);

(x) regime of California Bearing Ratio testing;

(xi) electrical work for road lighting, traffic signs and signals;

(xii) motorway communications as required by DMRB;

(xiii) highway structures and any required structural approval in principle;

(xiv) landscaping;

(xv) proposed departures from DMRB standards;

(xvi) walking, cycling and horse riding assessment and review report in accordance with DMRB GG142 Designing for walking, cycling and horse riding or any successor document;

(xvii)stage 1 and stage 2 road safety audits and exceptions agreed;

(xviii)utilities diversions;

(xix) topographical survey;

(xx) maintenance and repair strategy in accordance with the DMRB GD304 Designing health and safety into maintenance, or any replacement or modification of it;

(xxi) health and safety information including any asbestos survey required by GG105 or any successor document;

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(xxii)other such information that may be required by National Highways to be used to inform the detailed design of the road works; and

(b) the cable works—

(i) earthworks including supporting geotechnical assessments required by DMRB CD622 Managing geotechnical risk or any successor document and any required strengthened earthworks appraisal form certification;

(ii) health and safety information including any asbestos survey required by GG105 or any successor document;

(iii) regime of California Bearing Ratio testing;

(iv) any proposed departures from DMRB standards;

(v) apparatus diversions;

(vi) topographical survey;

(vii) technical approval of highway structures under CG300 of DMRB; and

(viii) other such information that may be required by National Highways to be used to inform the detailed design of the cable works; “DBFO contract” means the design build finance operate contract between National Highways and the highway operations and maintenance contractor for the maintenance and operation of parts of the strategic road network which are within the Order Limits or any successor or replacement contract that may be current at the relevant time;

“DMRB” means the Design Manual for Roads and Bridges or any replacement or modification of it; “final certificate” means the certificate relating to those aspects of the road works that have resulted in any alteration to the strategic road network to be issued by National Highways pursuant to paragraph 71(2);

“the health and safety file” means the file or other permanent record containing the relevant health and safety information for the authorised development required by the Construction Design and Management Regulations 2015 (or such updated or revised regulations as may come into force from time to time);

“highway operations and maintenance contractor” means the contractor appointed by National Highways under the DBFO contract; “nominated persons” means the undertaker’s representatives or the contractor’s representatives on site during the carrying out of the cable works or road works as notified to National Highways from time to time;

“programme of works” means a document setting out the sequence and timetabling of the cable works or road works; “road safety audit” means an audit carried out in accordance with the road safety audit standard;

“road safety audit standard” means DMRB Standard HD GG119 or any replacement or modification of it; “road space booking” means road space bookings in accordance with National Highways’ Asset Management Operational Requirements (AMOR) including Network Occupancy Management System (NOMS) used to manage road space bookings and network occupancy;

“road works” means so much of any work including highway works, street works, surveys and signalisation authorised by this Order and including any maintenance of that work, but excluding the cable works, as is undertaken on the strategic road network or land in which National Highways has an interest;

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Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. “road works provisional certificate” means the certificate of provisional completion relating to those aspects of the road works that have resulted in any alteration to the strategic road network to be issued by National Highways in accordance with paragraph 67 when it considers the road works are substantially complete and, if relevant, may be opened for traffic;

“specification for highways works” means the specification, or any successor of it, for highways works forming part of the manual of contract documents for highway works published by National Highways and setting out the requirements and approvals procedures for work, goods or materials used in the construction, improvement or maintenance of the strategic road network;

“strategic road network” means any part of the road network including trunk roads, special roads or streets for which National Highways is the highway authority including structures drainage infrastructure, street furniture, verges and vegetation and all other highways assets together with all land, apparatus and rights located in, on, over or under the highway;

“utilities” means any pipes, wires, cables or equipment belonging to any person or body having power or consent to undertake street works under the 1991 Act; and “winter maintenance” means maintenance of the road surface to deal with snow and ice.

(3) Notwithstanding the grant of development consent in article 3 of the Order, no works in carrying out, maintaining or diverting the authorised development may be carried out in, under or over the strategic road network without the written consent of National Highways pursuant to this Part of this Schedule.

(4) References to any standards, manuals, contracts, Regulations and Directives including to specific standards forming part of the DMRB are, for the purposes of this Part of this Schedule, to be construed as a reference to the same as amended, substituted or replaced, and with such modifications as are required in those circumstances.

Works outside the Order limits

63. If the undertaker proposes to carry out works to the strategic road network that are outside of the Order Limits in connection with the authorised development, the undertaker must enter into an agreement with National Highways in respect of the carrying out of those works prior to the commencement of those works.

Prior approvals

64.—(1) The road works must not commence, save to the extent agreed otherwise by National Highways, until—

(a) a stage 1 and stage 2 road safety audit has been carried out and all recommendations raised by them or any exceptions are approved by National Highways;

(b) the programme of works has been approved by National Highways;

(c) the detailed design of the road works comprising the following details, insofar as considered relevant by National Highways, has been submitted to and approved by National Highways—

(i)the detailed design information, incorporating all recommendations and any exceptions approved by National Highways under paragraph (a);

(ii)details of the proposed road space bookings and the undertaker is entitled to submit its application for road space bookings at the same time as the relevant details are submitted under sub-paragraph (i) to National Highways;

(iii)the identity and qualifications of the contractor and nominated persons; and 189Document Generated: 2026-10-21

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(iv)a process for stakeholder liaison, with key stakeholders to be identified and agreed between National Highways and the undertaker;

(d) a scheme of traffic management has been submitted by the undertaker and approved by National Highways such scheme to be capable of amendment by agreement between the undertaker and National Highways from time to time;

(e) stakeholder liaison has taken place in accordance with the process for such liaison agreed between the undertaker and National Highways under paragraph (c)(iv) above;

(f) National Highways has approved the audit brief and CVs for all road safety audits and exceptions to items raised in accordance with the road safety audit standard;

(g) the undertaker has agreed the estimate of the commuted sum with National Highways;

(h) the scope of all maintenance operations (routine inspections, incident management, reactive and third party damage) to be carried out by the undertaker during the construction of the road works (which must include winter maintenance) has been agreed in writing by National Highways;

(i) the undertaker has procured to National Highways collateral warranties in a form approved by National Highways from the contractor and designer of the road works in favour of National Highways to include covenants requiring the contractor and designer to exercise all reasonable skill care and diligence in designing and constructing the road works, including in the selection of materials, goods, equipment and plant;

(j) a condition survey and regime of monitoring has been agreed in writing by National Highways; and

(k) any further information that National Highways may reasonably request within 14 days of the submission to National Highways of the detailed design of any road works.

(2) The cable works must not commence until—

(a) the programme of works has been approved by National Highways;

(b) the detailed design of the cable works comprising the following details insofar as is considered relevant by National Highways has been submitted to and approved by National Highways—

(i)the detailed design information;

(ii)details of the proposed road space bookings and the undertaker is entitled to submit its application for road space bookings at the same time as the relevant details are submitted under sub-paragraph (i) to National Highways;

(iii)a method statement including details of the cable works, equipment and location;

(c) a survey to determine the appropriate minimum depth for the cable works has been carried out and the minimum cable depth has been approved by National Highways;

(d) the detailed design of the cable works including supporting geotechnical assessments required by DMRB CD622 Managing geotechnical risk and any required strengthened earthworks appraisal form certification, has been submitted to and approved by National Highways;

(e) a condition survey and regime of monitoring has been agreed in writing by National Highways;

(f) the CASS01 has been approved by National Highways; and

(g) the undertaker has paid to National Highways the estimate of the NH costs notified to it pursuant to paragraph 66 of this Part of this Schedule;

(h) any further information that National Highways may reasonably request within 14 days of the submission to National Highways of the detailed design of any cable works.

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(3) The undertaker must not, without the consent of National Highways, exercise the powers in—

(a) article 5 (power to maintain the authorised development);

(b) article 8 (street works);

(c) article 10 (power to alter layout, etc., of streets);

(d) article 12 (temporary closure, restriction or prohibition of use of streets and public rights of way);

(e) article 14 (access to works);

(f) article 16 (traffic regulation measures);

(g) article 17 (discharge of water);

(h) article 19 (protective works to buildings);

(i) article 20 (authority to survey and investigate the land);

(j) article 21 (compulsory acquisition of land);

(k) article 24 (compulsory acquisition of rights);

(l) article 27 (power to override easements and other rights);

(m) article 29 (acquisition of subsoil only);

(n) article 30 (rights under or over streets);

(o) article 31 (temporary use of land for constructing the authorised development);

(p) article 32 (temporary use of land for maintaining the authorised development);

(q) article 40 (felling or lopping of trees and removal of hedgerows), over any part of the strategic road network or land in which National Highways has an interest, and National Highways may, in connection with any such exercise, require the undertaker to provide details of any proposed road space bookings and submit a scheme of traffic management to National Highways for approval.

(4) National Highways must, prior to the commencement of the cable works and road works or the exercise of any power referenced in sub-paragraph (3), inform the undertaker of the identity of the person who will act as a point of contact on behalf of National Highways for consideration of the information required under sub-paragraphs (1) and (2).

(5) Any approval of National Highways required under this paragraph—

(a) must not be unreasonably withheld;

(b) must be given in writing;

(c) will be deemed to have been refused if neither given nor refused within 2 months of the receipt of the information for approval or where further particulars are requested by National Highways, within 2 months of receipt of the information to which the request for further particulars relates; and

(d) may be subject to any conditions as National Highways considers necessary.

(6) Any change to the identity of the contractor or designer of the road works or the cable works will be notified to National Highways immediately and details of their suitability to deliver the road works or cable works (as applicable) will be provided on request along with collateral warranties for the road works in a form agreed by National Highways.

(7) Any change to the detailed design of the road works or cable works must be approved by National Highways in accordance with sub-paragraphs (1) and (2).

(8) Article 47 (procedure in relation to certain approvals etc.) does not apply to any application for consent, agreement or approval required or contemplated by any of the provisions to this Part of this Schedule.

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Construction of the cable works and road works

65.—(1) The undertaker must give National Highways 3 months’ notice in writing of the date on which the cable works and/or road works will start unless otherwise agreed by National Highways.

(2) The undertaker must comply with National Highways’ road space booking procedures when booking road space on the strategic road network prior to and during the carrying out the road works or cable works (as applicable) and no road works or cable works for which a road space booking is required may commence without a road space booking having first been secured from National Highways.

(3) The cable works and road works must be carried out by the undertaker to the satisfaction of National Highways in accordance with—

(a) the relevant detailed design information and programme of works approved pursuant to paragraph 64(1) or 64(2) above or as subsequently varied by agreement between the undertaker and National Highways;

(b) the DMRB, the Manual of Contract Documents for Highway Works, including the Specification for Highway Works, together with all other relevant standards as required by National Highways to include, inter alia; all relevant interim advice notes, the Traffic Signs Manual and the Traffic Signs Regulations and General Directions 2016 save to the extent that exceptions from those standards apply which have been approved by National Highways; and

(c) all aspects of the Construction (Design and Management) Regulations 2015 (“the CDM Regulations”) or any statutory amendment or variation of the same, and the undertaker will be the client and must ensure that all client duties (as defined in the CDM Regulations) are undertaken to the satisfaction of National Highways. No approval or consent issued by National Highways shall be taken to be a consent or approval pursuant to the CDM Regulations.

(4) The undertaker must ensure that, where practicable and without entering the highway, the highway is kept free from mud, soil and litter as a result of carrying out a road work or cable work.

(5) The undertaker must permit and must require the contractor to permit at all reasonable times persons authorised by National Highways (whose identity must have been previously notified to the undertaker by National Highways) to gain reasonable access to the cable works and road works for the purposes of inspection and supervision of those works, and to gain reasonable access to land in which National Highways has an interest where access is affected by the cable works or road works or the exercise of the powers in this Order.

(6) If any part of the cable works or road works is constructed—

(a) other than in accordance with the requirements of this Part of this Schedule; or

(b) in a way that causes damage to the highway, highway structure or asset or any other land of National Highways, National Highways may by notice in writing require the undertaker, at the undertaker’s own expense, to comply promptly with the requirements of this Part of this Schedule or remedy any damage notified to the undertaker under this Part of this Schedule, to the satisfaction of National Highways.

(7) If during the carrying out of the authorised development the undertaker or its appointed contractors or agents causes damage to the strategic road network then National Highways may by notice in writing require the undertaker, at its own expense, to remedy the damage.

(8) If, within 28 days from the day on which a notice under sub-paragraph (6) or (7) is served on the undertaker (or, in the event of there being, in the opinion of National Highways, a danger to road users, within such lesser period as National Highways may stipulate in the notice), the undertaker has failed to take the steps required by that notice, National Highways may carry out the steps required of the undertaker by that notice and may recover from the undertaker any expenditure 192Document Generated: 2026-10-21

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(9) Nothing in this Part of this Schedule prevents National Highways from carrying out any work or taking any such action as it reasonably believes to be necessary as a result of or in connection with the carrying out or maintenance of the authorised development without prior notice to the undertaker in the event of an emergency or to prevent the occurrence of danger to the public and National Highways may recover any expenditure it reasonably incurs in so doing

(10) In constructing the cable works and road works, the undertaker must at its own expense divert or protect all utilities and all agreed alterations and reinstatement of highway over existing utilities must be constructed to the satisfaction of National Highways.

(11) Until such time that National Highways issues the road works provisional certificate, the undertaker must carry out all maintenance (including winter maintenance) in accordance with the scope of maintenance operations agreed by National Highways pursuant to paragraph 64(1)(h) and the undertaker must carry out such maintenance at its own cost.

(12) The undertaker must notify National Highways if it fails to complete the road works or cable works in accordance with the agreed programme pursuant to paragraph 64(1)(b) and 64(2)(a) of this Part or suspends the carrying out of any road work or cable work beyond a reasonable period of time and National Highways reserves the right to withdraw any road space booking granted to the undertaker to ensure compliance with its network occupancy requirements.

Payments

66.—(1) The undertaker must pay to National Highways a sum equal to the costs and expenses which National Highways reasonably and properly incurs (including costs and expenses for using internal or external staff and costs relating to work which becomes abortive) in relation to the cable works and road works and in relation to any approvals sought under this Order, or otherwise incurred under this Part, including—

(a) the checking and approval of the information required under paragraphs 64(1) and 64(2);

(b) the supervision of the cable works and road works;

(c) contractual costs properly payable to the highway operations and maintenance contractor as a consequence of any road works or cable works, including costs incurred by the highway operations and maintenance contractor in carrying out the tasks referred to in paragraphs (a) and (b), in which case National Highways will be responsible for the payment of any sums received from the undertaker under this paragraph to the highway operations and maintenance contractor;

(d) the checking and approval of the information required to determine approvals under this

Order;

(e) all costs relating to the transfer of any land required for the road works or cable works;

(f) all legal and administrative costs and disbursements incurred by National Highways in connection with the exercise by the undertaker of the powers in the Order and paragraphs (a) to (c) of this sub-paragraph; and

(g) any value added tax which is payable by National Highways in respect of such costs and expenses and for which it cannot obtain reinstatement from HM Revenue and Customs, together comprising “the NH costs”.

(2) The undertaker must pay to National Highways upon demand and prior to such costs being incurred the total costs that National Highways believe will be properly and necessarily incurred by National Highways in undertaking any statutory procedure or preparing and bringing into force any traffic regulation order or orders necessary to carry out or for effectively implementing the authorised development.

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(3) National Highways must provide the undertaker with a schedule showing its estimate of the NH costs prior to the commencement of the cable works and road works. The undertaker must pay to National Highways the estimate of the NH costs prior to commencing the road works or cable works and in any event prior to National Highways incurring any cost.

(4) If at any time after the payment referred to in sub-paragraph (3) has become payable, National Highways reasonably believes that the NH costs will exceed the estimated NH costs it may give notice to the undertaker of the amount that it believes the NH costs will exceed the estimate of the NH costs (the excess) and the undertaker must pay to National Highways within 28 days of the date of receipt of a properly issued VAT invoice from National Highways addressed to the undertaker for the excess sum, a sum equal to the excess.

(5) National Highways must give the undertaker a final account of the NH costs referred to in sub-paragraph (1) above within 91 days of the issue of both the road works provisional certificate and the cable works provisional certificate issued pursuant to paragraph 67(4) and 68(4).

(6) Within 30 days of the issue of the final account—

(a) if the final account shows a further sum as due to National Highways the undertaker must pay to National Highways the sum shown due to it;

(b) if the account shows that the payment or payments previously made by the undertaker have exceeded the costs incurred by National Highways, National Highways must refund the difference to the undertaker.

(7) If any payment due under the provisions of this Part of this Schedule is not made on or before the date on which it falls due, the party from whom it was due must at the same time as making the payment pay to the other party interest at 3% above the Bank of England base lending rate from time to time being in force for the period starting on the date upon which the payment fell due and ending with the date of payment of the sum on which interest is payable together with that interest.

Provisional Certificate for road works

67.—(1) Following the completion of any road works or prior to the reopening of any part of the strategic road network following any closure or partial closure, whichever is earlier, the undertaker must notify National Highways and National Highways will carry out a site inspection to satisfy itself that the strategic road network is, in its opinion, safe for traffic and the undertaker must comply with any requirements of National Highways following the site inspection.

(2) As soon as the undertaker considers that the road works provisional certificate may be properly issued it must apply to National Highways for the road works provisional certificate.

(3) Following an application for a road works provisional certificate, National Highways must as soon as reasonably practicable—

(a) inspect the road works; and

(b) provide the undertaker with a written list of works that are required for the road works provisional certificate to be issued or confirmation that no further works are required for this purpose.

(4) W hen—

(a) a stage 3 road safety audit for the road works has been carried out and all recommendations raised including remedial works have (subject to any exceptions agreed) been approved by National Highways;

(b) the road works incorporating the approved remedial works under paragraph (a) and any further works notified to the undertaker pursuant to sub-paragraph (3)(b) have been completed to the satisfaction of National Highways;

(c) the as built information has been provided to National Highways; and 194Document Generated: 2026-10-21

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(d) the undertaker has paid the commuted sum to National Highways, National Highways must issue the road works provisional certificate.

(5) On the issue of the road works provisional certificate pursuant to this paragraph 67 and the cable works provisional certificate pursuant to paragraph 68 the bond sum shall be reduced to 20%

provided that in the event any claim or claims have been made against the undertaker or liability on its part has arisen under the bond sum (which here shall also include any claim or claims to which National Highways are joined howsoever they arise) before that date National Highways will be at liberty to retain a sufficient sum in addition to the 20% to ensure it does not have to meet any costs for and/or arising from and/or in connection with the road works or cable works.

(6) The undertaker must submit a stage 4 road safety audits as required by and in line with the timescales stipulated in the road safety audit standard. The undertaker must comply with the findings of the stage 4 road safety audit and must pay all costs of and incidental to such and provide updated as-built information to National Highways.

Provisional Certificate for cable works

68.—(1) As soon as the undertaker considers that the cable works provisional certificate for the cable works may be properly issued it must apply to National Highways for the cable works provisional certificate.

(2) Following an application for a cable works provisional certificate, National Highways must as soon as reasonably practicable—

(a) inspect the cable works, the strategic road network, and any land in which National Highways has an interest that is affected by the cable works; and

(b) provide the undertaker with a written list of works that are required for the cable works provisional certificate to be issued or confirmation that no further works are required for this purpose.

(3) Within 28 days of the completion of any cable works, the undertaker must submit to National Highways the as built information.

(4) When the cable works, incorporating any further works notified to the undertaker pursuant to sub-paragraph (2)(b), have been completed to the satisfaction of National Highways and the as built information has been provided to National Highways, National Highways must issue the cable works provisional certificate.

(5) The undertaker must make available to National Highways upon request copies of any survey or inspection reports produced pursuant to any inspection or survey of any cable works, following completion of the inspection or survey, that the undertaker may from time to time carry out.

Opening

69. Unless otherwise agreed in writing by National Highways the undertaker must notify National Highways not less than 56 days in advance of the intended date of opening to the public of the strategic road network and the undertaker must notify National Highways of the actual date the strategic road network will be opened to the public within 14 days of that date and must not open the strategic road network to the public prior to the expiration of the requisite notice period.

Final condition survey

70.—(1) The undertaker must, as soon as reasonably practicable after making its application for the road works provisional certificate pursuant to paragraph 67(2) and the cable works provisional certificate pursuant to paragraph 68(1), arrange for any highways structures and assets that were the subject of the condition survey to be re-surveyed and must submit the re-survey to National 195Document Generated: 2026-10-21

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Highways for its approval. The re-survey will include a renewed geotechnical assessment required by DMRB CD622 for the cable works, road works and any other works beneath the strategic road network.

(2) If the re-surveys carried out pursuant to sub-paragraph (1) indicates that any damage has been caused to a structure or asset, the undertaker must submit a scheme for remedial works in writing to National Highways for its approval in writing and the undertaker must carry out the remedial works at its own cost and in accordance with the scheme submitted and such programme as National Highways may require.

(3) If the undertaker fails to carry out the remedial work in accordance with the approved scheme and programme or fails to submit a scheme for remedial works to National Highways, National Highways may carry out the steps required of the undertaker and may recover from the undertaker any expenditure it reasonably incurs in so doing.

(4) National Highways may, at its discretion, at the same time as giving its approval to the re- surveys pursuant to sub-paragraph (1) give notice in writing that National Highways will remedy any damage identified in the re-surveys and National Highways may recover from the undertaker any expenditure it reasonably incurs in so doing.

(5) The undertaker must make available to National Highways upon request copies of any survey or inspection reports produced pursuant to any inspection or survey of any cable work or road work following its completion that the undertaker may from time to time carry out.

Defects Period

71.—(1) The undertaker must at its own expense remedy any defects in the strategic road network resulting from the carrying out of the road works as are reasonably required by National Highways to be remedied during the defects period. All identified defects must be remedied in accordance with the following timescales—

(a) in respect of matters of urgency, within 24 hours of receiving notification for the same (urgency to be determined at the absolute discretion of National Highways);

(b) in respect of matters which National Highways considers to be serious defects or faults, within 14 days of receiving notification of the same; and

(c) in respect of all other defects notified to the undertaker, within 4 weeks of receiving

notification of the same.

(2) Following the issuing of the road works provisional certificate, National Highways has responsibility for routine maintenance of the strategic road network save for any soft landscaping works which must be established and which must thereafter be maintained for a period of 3 years by and at the expense of the undertaker.

Final Certificate

72.—(1) The undertaker must apply to National Highways for the final certificate no sooner than 12 months from the date of the issuing of both the road works provisional certificate and the cable works provisional certificate.

(2) Following receipt of the application for the final certificate, National Highways must as soon as reasonably practicable—

(a) inspect the strategic road network; and

(b) provide the undertaker with a written list of any further works required to remedy or make good any defect or damage in the strategic road network as resulting from the cable works or road works or confirmation that no such works are required for this purpose.

(3) The undertaker must carry out such works notified to it pursuant to sub-paragraph (2).

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(4) When National Highways is satisfied that—

(a) any defects or damage arising from defects during the defects period and any defects notified to the undertaker pursuant to sub-paragraph (2) and any remedial works required as a result of any relevant stage 4 road safety audit have been made good to the satisfaction of National Highways; and

(b) the NH costs have been paid to National Highways in full;

National Highways must issue the final certificate.

(5) The bond sum is released in full upon the issue of the final certificate, provided that in the event any claim or claims have been made against the undertaker or liability on its part has arisen under the bond sum (which here will also include any claim or claims to which National Highways are joined howsoever they arise) National Highways will be at liberty to retain a sufficient sum to ensure it does not have to meet any costs for or arising from or in connection with the road works or cable works.

(6) The undertaker must pay to National Highways within 28 days of the date of receipt of a properly issued invoice from National Highways addressed to the undertaker, the costs incurred by National Highways in identifying the defects and supervising and inspecting the undertaker’s work to remedy the defects that it is required to remedy pursuant to this paragraph.

Security

73.—(1) The road works and cable works must not commence until the undertaker procures that the road works and cable works are secured by the bond sum to indemnify National Highways against all losses, damages, costs or expenses arising from any breach of any one or more of the obligations of the undertaker in respect of the exercise of the powers under this Order and road works and cable works under the provisions of this Part of this Schedule.

(2) If at any time the undertaker is in breach of these provisions of this Part of this Schedule or becomes insolvent without prejudice to any other remedy National Highways is entitled upon giving notice to the undertaker to use such parts of the bond sum as National Highways considers necessary.

For the avoidance of doubt should National Highways have to carry out works pursuant to this Part of this Schedule it may, at its sole discretion, use the bond sum to forward fund such works.

Commuted sums

74.—(1) National Highways must provide to the undertaker an estimate of the commuted sum, calculated in accordance with Commuted Lump Sum A Guide for Promoters of Major Third Party Projects dated 28 November 2023 or any successor guidance, prior to the commencement of the road works.

(2) The undertaker must pay to National Highways the commuted sum prior to the issue of the road works provisional certificate.

Insurance

75. Prior to the commencement of the cable works and road works the undertaker must effect public liability insurance with an insurer in the minimum sum of £50,000,000.00 (fifty million pounds) in respect of any one claim against any legal liability for damage loss or injury to any property or any person as a direct result of the execution of the cable works or road works or use of the strategic road network by the undertaker.

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Indemnity

76. The undertaker fully indemnifies National Highways from and against all costs, claims, expenses, damages, losses and liabilities suffered by National Highways arising from, or in connection to the construction, maintenance or use of the road works and cable works, or exercise of or failure to exercise any power under this Order and any such costs shall be paid to National Highways within 14 days of demand save for any loss arising out of or in consequence of any negligent act or default of National Highways.

Maintenance of the authorised development

77.—(1) The undertaker must, prior to the commencement of any works of maintenance to the cable works or road works, give National Highways 28 days’ notice in writing of the date on which those works will start unless otherwise agreed by National Highways, acting reasonably.

(2) If, for the purposes of maintaining the cable works or road works, the undertaker needs to occupy any road space, the undertaker must comply with National Highways’ road space booking requirements and no maintenance of any works for which a road space booking is required may commence without a road space booking having first been secured.

(3) During any maintenance works, the undertaker must comply with any requirements that National Highways may notify to the undertaker, such requirements to be notified to the undertaker not less than 7 days’ in advance of the planned commencement date of the maintenance works.

(4) The provisions of paragraph 69 shall apply to the opening of any part of the strategic road network following occupation of any road space under this paragraph.

Land

78.—(1) Following the issue of the final certificate pursuant to paragraph 72(4) National Highways may serve notice on the undertaker that it wishes to take a freehold transfer of land within the extent of strategic road network boundary which is not in the ownership of National Highways but has been acquired by the undertaker for the purposes of carrying out the road works.

(2) If the undertaker receives notice under sub-paragraph (1) then the undertaker must effect a freehold transfer of the land which is the subject of the notice and complete such transfer as soon as reasonably practicable at no cost to National Highways.

(3) The undertaker must not exercise the powers of this Order over any land forming part of the strategic road network or land owned by National Highways, other than with the consent of National Highways (such consent not to be unreasonably withheld and delayed), so as to—

(a) acquire or use the land;

(b) acquire new or existing rights in the land;

(c) impose or extinguish any restrictive covenant over the land;

(d) extinguish any existing rights held by National Highways; or

(e) interfere with the apparatus of National Highways.

(4) A consent under sub-paragraph (3) must be requested in writing by email to legalservicesinbox@nationalhighways.co.uk.

Expert Determination

79.—(1) Article 44 (arbitration) of the Order does not apply to this Part of this Schedule.

(2) Any difference under this Part of this Schedule may be referred to and settled by a single independent and suitable person who holds appropriate professional qualifications and is a member of a professional body relevant to the matter in dispute acting as an expert, such person to be agreed 198Document Generated: 2026-10-21

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(3) On notification by either party of a dispute, the parties must jointly instruct an expert within 14 days of notification of the dispute.

(4) All parties involved in settling any difference must use best endeavours to do so within 21 days from the date that an expert is appointed.

(5) The expert must—

(a) invite the parties to make submission to the expert in writing and copied to the other party to be received by the expert within 7 days of the expert’s appointment;

(b) permit a party to comment on the submissions made by the other party within 7 days of receipt of the submission;

(c) issue a decision within 7 days of receipt of the submissions under paragraph (b); and

(d) give reasons for the decision.

(6) Any determination by the expert is final and binding, except in the case of manifest error in which case the difference that has been subject to expert determination may be referred to and settled by arbitration under article 44 (arbitration).

(7) The fees of the expert are payable by the parties in such proportions as the expert may determine or, in the absence of such determination, equally.

PART 7 FOR THE PROTECTION OF THE ENVIRONMENT AGENCY

80.—(1) The following provisions apply for the protection of the Agency unless otherwise agreed in writing between the undertaker and the Agency.

(2) In this part of this Schedule— “Agency” means the Environment Agency; “construction” includes execution, placing, altering, replacing, relaying and removal and excavation and “construct” and “constructed” is construed accordingly;

“drainage work” means any main river and includes any land which provides or is expected to provide flood storage capacity for any main river and any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage, flood defence or tidal monitoring;

“emergency” means an occurrence which presents a risk of—

(a) serious flooding;

(b) serious detrimental impact on drainage;

(c) serious harm to the environment; “fishery” means any waters containing fish and fish in, or migrating to or from, such waters and the spawn, spawning ground, habitat or food of such fish; “main river” has the same meaning given in section 113 of the Water Resources Act 1991;

“non-tidal main river” has the meaning given in paragraph 2(1) of Part 1 of Schedule 25 to the Environmental Permitting (England and Wales) Regulations 2016; “plans” includes plans, sections, elevations, drawings, specifications, programmes, proposals, calculations, method statements and descriptions;

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Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. “remote defence” means any berm, wall or embankment that is constructed for the purposes of preventing or alleviating flooding from, or in connection with, any main river;

“sea defence” means any bank, wall, embankment (any berm, counterwall or cross-wall connected to any such bank, wall or embankment), barrier, tidal sluice and other defence, whether natural or artificial, against the inundation of land by sea water or tidal water, including natural or artificial high ground which forms part of or makes a contribution to the efficiency of the defences of the Agency’s area against flooding, but excludes any sea defence works which are for the time being maintained by a coast protection authority under the provisions of the Coast Protection Act 1949(81) or by any local authority or any navigation, harbour or conservancy authority;

“specified work” means so much of any work or operation authorised by this Order as is in, on, under, over or within;

(a) 16 metres of the base of a sea defence which is likely to—

(i) endanger the stability of, cause damage or reduce the effectiveness of that sea defence, or

(ii) interfere with the Agency’s access to or along that sea defence or the Agency’s ability to undertake works to ensure the efficacy of that sea defence;

(b) 8 metres of the base of a remote defence which is likely to—

(i) endanger the stability of, cause damage or reduce the effectiveness of that remote defence, or

(ii) interfere with the Agency’s access to or along that remote defence;

(c) 16 metres of a drainage work involving a tidal main river;

(d) 8 metres of a drainage work involving a non-tidal main river;

(e) any distance of a drainage work and is otherwise likely to—

(i) affect any drainage work or the volumetric rate of flow of water in or flowing to or from any drainage work;

(ii) affect the flow, purity or quality of water in any main river or other surface waters;

(iii) cause obstruction to the free passage of fish or damage to any fishery;

(iv) affect the conservation, distribution or use of water resources; or

(v) affect the conservation value of the main river and habitats in its immediate vicinity; or which involves—

(f) an activity that includes dredging, raising or taking of any sand, silt, ballast, clay, gravel or other materials from or off the bed or banks of a drainage work (or causing such materials to be dredged, raised or taken), including hydrodynamic dredging or desilting; and

(g) any quarrying or excavation within 16 metres of a drainage work which is likely to cause damage to or endanger the stability of the banks or structure of that drainage work; “tidal main river” has the meaning given in paragraph 2(1) of Part 1 of Schedule 25 to the Environmental Permitting (England and Wales) Regulations 2016.

Submission and approval of plans

81.—(1) Before beginning to construct any specified work, the undertaker must submit to the Agency plans of the specified work and such further particulars available to it as the Agency may within 28 days of the receipt of the plans reasonably request.

(81) 1949 c. 74.

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(2) Any such specified work must not be constructed except in accordance with such plans as may be approved in writing by the Agency, or determined under paragraph 91.

(3) Any approval of the Agency required under this paragraph—

(a) must not be unreasonably withheld or delayed;

(b) subject to sub-paragraph (5), is deemed to have been refused if it is neither given nor refused within 2 months of the submission of the plans or such later date as is agreed between the Agency and the undertaker and if further particulars have been requested pursuant to sub-paragraph (1) the period between the making of this request and the provision of further particulars in response to it shall not be taken into account in the calculation of the 2 months for the purposes of this sub-paragraph; and

(c) may be given subject to such reasonable requirements as the Agency may have for the protection of any drainage work or the fishery or for the protection of water resources, or for the prevention of flooding or pollution or for nature conservation or the prevention of environmental harm in the discharge of its environmental duties.

(4) The Agency must use its reasonable endeavours to respond to the submission of any plans before the expiration of the period mentioned in sub-paragraph (3)(b).

(5) In the case of a refusal, the Agency must provide reasons for the grounds of that refusal.

Construction of protective works

82. Without limiting paragraph 81 the requirements which the Agency may have under that paragraph include conditions requiring the undertaker, at its own expense, to construct such protective works, whether temporary or permanent, before or during the construction of the specified works (including the provision of flood banks, walls or embankments or other new works and the strengthening, repair or renewal of existing banks, walls or embankments) as are reasonably necessary—

(a) to safeguard any drainage work against damage; or

(b) to secure that its efficiency for flood defence purposes is not impaired and that the risk of flooding is not otherwise increased, by reason of any specified work.

Timing of works and service of notices

83.—(1) Subject to sub-paragraph (2), any specified work, and all protective works required by the Agency under paragraph 82, must be constructed—

(a) without unreasonable delay in accordance with the plans approved under this Part of this Schedule; and

(b) to the reasonable satisfaction of the Agency, and the Agency is entitled by its officer to watch and inspect the construction of such works.

(2) The undertaker must give to the Agency not less than 14 days’ notice in writing of its intention to commence construction of any specified work and notice in writing of its completion not later than 7 days after the date on which it is completed.

(3) If the Agency reasonably requires, the undertaker must construct all or part of the protective works so that they are in place prior to the construction of any specified work to which the protective works relate.

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Works not in accordance with this Schedule

84.—(1) If there is any failure by the undertaker to obtain consent or comply with conditions imposed by the Agency in accordance with these protective provisions and where the Agency acting reasonably considers it necessary to avoid any of the risks specified in sub-paragraph (2), the Agency may serve written notice requiring the undertaker to cease all or part of the specified works as may be specified within the notice within the period specified in the notice, and the undertaker must cease constructing the specified works or part thereof until such time as it has obtained the consent or complied with the condition specified within the notice served.

(2) The risks specified in sub-paragraph (1) are—

(a) risk of flooding;

(b) risk of harm to the environment;

(c) risk of detrimental impact on drainage;

(d) damage to the fishery.

(3) If any part of a specified work or any protective work required by the Agency is constructed otherwise than in accordance with the requirements of this Part of this Schedule, the Agency may by notice in writing require the undertaker at the undertaker’s own expense to comply with the requirements of this Part of this Schedule or (if the undertaker so elects and the Agency in writing consents, such consent not to be unreasonably withheld or delayed) to remove, alter or pull down the work and, where removal is required, to restore the site to its former condition to such extent and within such limits as the Agency reasonably requires.

(4) Subject to sub-paragraph (5), if, within a reasonable period, being not less than 28 days beginning with the date when a notice under sub-paragraph (3) is served upon the undertaker, the undertaker has failed to begin taking steps to comply with the requirements of the notice and has not subsequently made reasonably expeditious progress towards their implementation, the Agency may execute the works specified in the notice and any reasonable expenditure incurred by the Agency in so doing is recoverable from the undertaker.

(5) In the event of any dispute as to whether sub-paragraph (3) is properly applicable to any work in respect of which notice has been served under that sub-paragraph, or as to the reasonableness of any requirement of such a notice, the Agency must not, except in the case of an emergency, exercise the powers conferred by sub-paragraph (4) until the dispute has been finally determined in accordance with paragraph 91.

Maintenance of works

85.—(1) Subject to sub-paragraph (5) the undertaker must from the commencement of the construction of the specified works maintain in good repair and condition and free from obstruction any drainage work which is situated within the limits of deviation and on land held by the undertaker for the purposes of or in connection with the specified works, whether or not the drainage work is constructed under the powers conferred by this Order or is already in existence.

(2) If any such drainage work which the undertaker is liable to maintain is not maintained to the reasonable satisfaction of the Agency, the Agency may by notice in writing require the undertaker to repair and restore the work, or any part of such work, or (if the undertaker so elects and the Agency in writing consents, such consent not to be unreasonably withheld or delayed), to remove the work and restore the site to its former condition, to such extent and within such limits as the Agency reasonably requires.

(3) Subject to sub-paragraph (4) if, within a reasonable period, being not less than 28 days beginning with the date on which a notice in respect of any drainage work is served under sub- paragraph (2) on the undertaker, the undertaker has failed to begin taking steps to comply with the requirements of the notice and has not subsequently made reasonably expeditious progress towards 202Document Generated: 2026-10-21

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(4) In the event of any dispute as to the reasonableness of any requirement of a notice served under sub-paragraph (2), the Agency must not, except in the case of an emergency, exercise the powers conferred by sub-paragraph (3) until the dispute has been finally determined in accordance with paragraph 91.

(5) This paragraph does not apply to—

(a) drainage works which are vested in the Agency, or which the Agency or another person is liable to maintain and is not proscribed by the powers of the Order from doing so; and

(b) any obstruction of a drainage work expressly authorised in the approval of specified works plans and carried out in accordance with the provisions of this Part provided that any obstruction is removed as soon as reasonably practicable.

Remediating impaired drainage work

86. If by reason of the construction of any specified work or of the failure of any such work, the efficiency of any drainage work for flood defence purposes is impaired, or that drainage work is otherwise damaged, such impairment or damage must be made good by the undertaker to the reasonable satisfaction of the Agency and if the undertaker fails to do so, the Agency may make good the impairment or damage and recover any expenditure incurred by the Agency in so doing from the undertaker.

Agency access

87. If by reason of the construction of any specified work or the failure of any such work, the Agency’s access to flood defences or equipment maintained for flood defence purposes is materially obstructed, the undertaker must notify the Agency immediately and provide suitable alternative means of access that will allow the Agency to maintain the flood defence or use the equipment no less effectively than was possible before the obstruction occurred and such alternative access must be made available as soon as reasonably practicable after the undertaker becomes aware of such obstruction, except in the case of an emergency in which case the undertaker must provide such alternative means of access on demand.

Free passage of fish

88.—(1) The undertaker must take all such measures as may be reasonably practicable to prevent any interruption of the free passage of fish in the fishery during the construction of any specified work.

(2) If by reason of—

(a) the construction of any specified work; or

(b) the failure of any such work, damage to the fishery is caused, or the Agency has reason to expect that such damage may be caused, the Agency may serve notice on the undertaker requiring it to take such steps as may be reasonably practicable to make good the damage, or, as the case may be, to protect the fishery against such damage within the period specified in the notice.

(3) If, the undertaker fails to take such steps as are described in the notice served under sub- paragraph (2), the Agency may take those steps and any expenditure incurred by the Agency in so doing is recoverable from the undertaker.

(4) In any case where immediate action by the Agency is reasonably required in order to secure that the risk of damage to the fishery is avoided or reduced, the Agency may take such steps as are 203Document Generated: 2026-10-21

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Indemnity

89. The undertaker indemnifies the Agency in respect of all costs, charges and expenses which the Agency may incur—

(a) in the examination or approval of plans under this Part of this Schedule;

(b) in the inspection of the construction of the specified works or any protective works required by the Agency under this Part of this Schedule; and

(c) in the carrying out of any surveys or tests by the Agency which are reasonably required in connection with the construction of the specified works.

90.—(1) The undertaker is responsible for and indemnifies the Agency against all costs and losses, liabilities, claims and demands not otherwise provided for in this Schedule which may be reasonably incurred or suffered by the Agency by reason of, or arising out of—

(a) the construction, operation or maintenance of any specified works comprised within the authorised development or the failure of any such works comprised within them; or

(b) any act or omission of the undertaker, its employees, contractors or agents or others whilst engaged upon the construction, operation or maintenance of the authorised development or dealing with any failure of the authorised development.

(2) For the avoidance of doubt, in sub-paragraph (1)— “costs” includes—

(a) expenses and charges;

(b) staff costs and overheads;

(c) legal costs; “losses” includes physical damage. “claims” and “demands” include as applicable—

(a) costs (within the meaning of this sub-paragraph) incurred in connection with any claim or demand;

(b) any interest element of sums claimed or demanded; “liabilities” includes—

(a) contractual liabilities;

(b) tortious liabilities (including liabilities for negligence or nuisance);

(c) liabilities to pay statutory compensation or for breach of statutory duty; and

(d) liabilities to pay statutory penalties imposed on the basis of strict liability (but does not include liabilities to pay other statutory penalties).

(3) The Agency must give to the undertaker reasonable notice of any such claim or demand and must not settle or compromise a claim without the agreement of the undertaker and that agreement must not be unreasonably withheld or delayed.

(4) The Agency must, at all times take reasonable steps to prevent and mitigate any such claims, demands, proceedings, costs, damages, expenses or loss.

(5) The fact that any work or thing has been executed or done by the undertaker in accordance with a plan approved by the Agency, or to its satisfaction, or in accordance with any directions or 204Document Generated: 2026-10-21

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(6) Nothing in this paragraph imposes any liability on the undertaker with respect to any costs, charges, expenses, damages, claims, demands or losses to the extent that they are attributable to the neglect or default of the Agency, its officers, servants, contractors or agents.

Disputes

91. Any dispute arising between the undertaker and the Agency under this Part of this Schedule must, if the parties agree, be determined by arbitration under article 44 (arbitration), but failing agreement be determined by the Secretary of State for Environment, Food and Rural Affairs or its successor and the Secretary of State for Energy Security and Net Zero or its successor acting jointly on a reference to them by the undertaker or the Agency, after notice in writing by one to the other.

PART 8 FOR THE PROTECTION OF CADENT GAS LIMITED Application

92. For the protection of Cadent the following provisions will, unless otherwise agreed in writing between the undertaker and Cadent, have effect.

Interpretation

93. In this Part of this Schedule— “alternative apparatus” means appropriate alternative apparatus to the reasonable satisfaction of Cadent to enable Cadent to fulfil its statutory functions in a manner no less efficient than previously;

“apparatus” means any gas mains, pipes, pressure governors, ventilators, cathodic protections (including transformed rectifiers and any associated groundbeds or cables), cables, marker posts, block valves, hydrogen above ground installations or other apparatus belonging to, or maintained by, Cadent for the purposes of Cadent’s undertaking together with any replacement apparatus and such other apparatus constructed pursuant to this Order that becomes operational apparatus of Cadent for the purposes of Cadent’s undertaking and includes any structure in which apparatus is or will be lodged or which gives or will give access to apparatus;

“authorised works” has the same meaning as is given to the term “authorised development” in article 2 of this Order and for the purposes of this Part of this Schedule includes the use and maintenance of the authorised works and construction of any works authorised by this Schedule;

“Cadent” means Cadent Gas Limited (company number 10080864) whose registered office is at Cadent, Pilot Way, Ansty, Coventry, England, CV7 9JU, and includes its successors in title or any successor as a gas transporter within the meaning of Part 1 of the Gas Act 1986;

“Cadent’s undertaking” means the rights, duties and obligations of Cadent Gas Limited as a public gas transporter within the meaning of Section 7 of the Gas Act 1986 (as amended by the Gas Act 1995(82));

“commence” has the same meaning as in article 2 of this Order and “commencement” will be construed to have the same meaning save that, for the purposes of this Part of this Schedule

(82) 1995 c. 45.

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“deed of consent” means a deed of consent, crossing agreement, deed of variation or new deed of grant agreed between the parties acting reasonably in order to vary or replace existing easements, agreements, enactments and other such interests so as to secure land rights and interests as are necessary to carry out, maintain, operate and use the apparatus in a manner consistent with the terms of this Part of this Schedule;

“functions” includes powers and duties; “ground mitigation scheme” means a scheme approved by Cadent (such approval not to be unreasonably withheld or delayed) setting out the necessary measures (if any) for a ground subsidence event;

“ground monitoring scheme” means a scheme for monitoring ground subsidence which sets out the apparatus which is to be subject to such monitoring, the extent of land to be monitored, the manner in which ground levels are to be monitored, the timescales of any monitoring activities and the extent of ground subsidence which, if exceeded, must require the undertaker to submit for Cadent’s approval a ground mitigation scheme;

“ground subsidence event” means any ground subsidence identified by the monitoring activities set out in the ground monitoring scheme that has exceeded the level described in the ground monitoring scheme as requiring a ground mitigation scheme;

“in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over, across, along or upon such land; “maintain” and “maintenance” will include the ability and right to do any of the following in relation to any apparatus or alternative apparatus of Cadent including retain, lay, construct, inspect, maintain, protect, use, access, enlarge, replace, renew, remove, decommission or render unusable or remove the apparatus;

“plan” or “plans” include all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary to properly and sufficiently describe and assess the works to be executed;

“rights” includes rights and restrictive covenants and, in relation to decommissioned apparatus, the surrender of rights, release of liabilities and transfer of decommissioned apparatus; and “specified works” means any of the authorised works or activities (including maintenance) undertaken in association with the authorised works which—

(a) will or may be situated over, or within 15 metres measured in any direction of any apparatus the removal of which has not been required by the undertaker under paragraph 98(2) or otherwise;

(b) may in any way adversely affect any apparatus the removal of which has not been required by the undertaker under paragraph 98(2) or otherwise; or

(c) include any of the activities that are referred to in CD/SP/SSW/22 (Cadent’s Specification for Safe Working in the Vicinity of Cadent Assets).

On street apparatus

94.—(1) Except for—

(a) paragraph 95 (apparatus of Cadent in stopped up streets);

(b) paragraph 98 (removal of apparatus) insofar as sub-paragraph (2) applies;

(c) paragraph 99 (facilities and rights for alternative apparatus) in so far as sub-paragraph (2) applies;

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(d) paragraph 100 (retained apparatus: protection of Cadent);

(e) paragraph 101 (expenses); and

(f) paragraph 102 (indemnity), of this Part of this Schedule which will apply in respect of the exercise of all or any powers under the

Order affecting the rights and apparatus of Cadent, the other provisions of this Part of this Schedule do not apply to apparatus in respect of which the relations between the undertaker and Cadent are regulated by the provisions of Part 3 of the 1991 Act.

(2) Paragraphs 98 and 99 of this Part of this Schedule will apply to diversions even where carried out under the 1991 Act, in circumstances where any apparatus is diverted from an alignment within the existing adopted public highway but not wholly replaced within existing adopted public highway.

(3) Notwithstanding article 12 (temporary closure, restriction or prohibition of use of streets and public rights of way) or any other powers in the Order generally, section 85 of the 1991 Act in relation to cost sharing and the regulations made thereunder will not apply in relation to any diversion of apparatus of Cadent under the 1991 Act.

Apparatus of Cadent in closed streets

95.—(1) Notwithstanding the temporary closure, restriction or prohibition of use of any street under the powers of article 12 (temporary closure, restriction or prohibition of use of streets and public rights of way), Cadent will be at liberty at all times to take all necessary access across any such street and to execute and do all such works and things in, upon or under any such street as it would have been entitled to do immediately before such temporary closure or restriction in respect of any apparatus which at the time of the closure, restriction or prohibition was in that street.

(2) The protective provisions in this Part of this Schedule apply and take precedence over article 34 (apparatus and rights of statutory undertakers in closed or restricted streets) which shall not apply to Cadent.

Protective works to buildings

96.—(1) The undertaker, in the case of the powers conferred by article 19 (protective works to buildings), must exercise those powers so as not to obstruct or render less convenient the access to any apparatus without the written consent of Cadent and, if by reason of the exercise of those powers any damage to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal or abandonment) or property of Cadent or any interruption in the supply of gas by Cadent, as the case may be, is caused, the undertaker must bear and pay on demand the cost reasonably incurred by Cadent in making good such damage or restoring the supply; and, subject to sub-paragraph (2), will—

(a) pay compensation to Cadent for any loss sustained by it; and

(b) indemnify Cadent against all claims, demands, proceedings, costs, damages and expenses which may be made or taken against or recovered from or incurred by Cadent, by reason of any such damage or interruption.

(2) Nothing in this paragraph imposes any liability on the undertaker with respect to any damage or interruption to the extent that such damage or interruption is attributable to the act, neglect or default of Cadent or its contractors or workers; and Cadent will give to the undertaker reasonable notice of any claim or demand as aforesaid and no settlement or compromise thereof shall be made by Cadent, save in respect of any payment required under a statutory compensation scheme, without first consulting the undertaker and giving the undertaker an opportunity to make representations as to the claim or demand.

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Acquisition of land

97.—(1) Regardless of any provision in this Order or anything shown on the land plan or contained in the book of reference to the Order, the undertaker may not appropriate or acquire any interest in land or appropriate, acquire, extinguish, interfere with or override any easement, other interest or right or apparatus in land of Cadent otherwise than by agreement.

(2) As a condition of agreement between the parties in sub-paragraph (1), prior to the carrying out of any part of the authorised works (or in such other timeframe as may be agreed between Cadent and the undertaker) that are subject to the requirements of this Part of this Schedule that will cause any conflict with or breach the terms of any easement or other legal or land interest of Cadent or affects the provisions of any enactment or agreement regulating the relations between Cadent and the undertaker in respect of any apparatus laid or erected in land belonging to or secured by the undertaker, the undertaker must as Cadent reasonably requires enter into such deeds of consent and variations upon such terms and conditions as may be agreed between Cadent and the undertaker acting reasonably and which must be no less favourable on the whole to Cadent unless otherwise agreed by Cadent, and the undertaker shall use reasonable endeavours to procure and secure the consent to and entering into of such deeds and variations by all other third parties with an interest in the land at that time who are affected by such authorised works.

(3) The undertaker and Cadent agree that where there is any inconsistency or duplication between the provisions set out in this Part of this Schedule relating to the relocation or removal of apparatus, including but not limited to the payment of costs and expenses relating to such relocation or removal of apparatus and the provisions of any existing easement, rights, agreements and licences granted, used, enjoyed or exercised by Cadent or other enactments relied upon by Cadent as of right or other use in relation to the apparatus, then the provisions in this Part of this Schedule will prevail.

(4) Any agreement or consent granted by Cadent under paragraph 100 or any other paragraph of this Part of this Schedule, will not be taken to constitute agreement under sub-paragraph (1).

(5) As a condition of an agreement under sub-paragraph (1) that involves decommissioned apparatus being left in situ in land owned by the undertaker, the undertaker must accept a surrender of any existing easement or other interest of Cadent in such decommissioned apparatus and consequently acquire title to such decommissioned apparatus and release Cadent from all liabilities in respect of such decommissioned apparatus from the date of such surrender but excluding any liabilities that exist prior to the date of such surrender.

(6) Where the undertaker acquires the freehold of any land which is subject to any Cadent right or interest (including, without limitation, easements and agreements relating to rights or other interests) and the provisions of paragraph 99 do not apply, the undertaker must—

(a) retain any notice of Cadent’s easement, right or other interest on the title to the relevant land when registering the undertaker’s title to such acquired land; and

(b) (where no such notice of Cadent’s easement, right or other interest exists in relation to such acquired land or any such notice is registered only on the Land Charges Register) include (with its application to register title to the undertaker’s interest in such acquired land at the Land Registry) a notice of Cadent’s easement, right or other interest in relation to such acquired land.

Removal of apparatus

98.—(1) If, in the exercise of any agreement reached in accordance with paragraph 97, or in any other authorised manner, the undertaker acquires any interest in any land in which any apparatus is placed, that apparatus must not be decommissioned or removed under this Part of this Schedule and any right of Cadent to maintain that apparatus in that land must not be extinguished until alternative apparatus has been constructed, is in operation, and the facilities and rights referred to 208Document Generated: 2026-10-21

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(2) If, for the purpose of executing any works in, on, under or over any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, it must give to Cadent advance written notice of that requirement, together with a plan and

section of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order Cadent reasonably needs to move or remove any of its apparatus) the undertaker must afford to Cadent to its satisfaction (taking into account paragraph 99(1)) the necessary facilities and rights—

(a) for the construction of alternative apparatus (including appropriate working areas required to reasonably and safely undertake necessary works by Cadent in respect of the apparatus);

(b) subsequently for the maintenance of that apparatus (including appropriate working areas required to reasonably and safely undertake necessary works by Cadent in respect of the apparatus); and

(c) to allow access to that apparatus (including appropriate working areas required to reasonably and safely undertake necessary works by Cadent in respect of the apparatus).

(3) If the undertaker is unable to afford such facilities and rights as are mentioned in sub- paragraph (2), in the land in which the alternative apparatus or part of such apparatus is to be constructed, Cadent may, on receipt of a written notice to that effect from the undertaker, take such steps as are reasonable in the circumstances in an endeavour to assist the undertaker in obtaining the necessary facilities and rights in the land in which the alternative apparatus is to be constructed save that this obligation will not extend to the requirement for Cadent to use its compulsory purchase powers to this end unless it (in its absolute discretion) elects to so do.

(4) Any alternative apparatus to be constructed in land of or land secured by the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between Cadent and the undertaker or settled by arbitration.

(5) Cadent must, after the alternative apparatus to be provided or constructed has been agreed or settled, and subject to the prior grant to Cadent of such facilities and rights as are referred to in sub-paragraph (2) or (3) have been afforded to Cadent to its satisfaction, then proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to decommission or remove any apparatus required by the undertaker to be decommissioned or removed under the provisions of this Part of this Schedule.

Facilities and rights for alternative apparatus

99.—(1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to or secures for Cadent facilities and rights in land for the access to, or construction and maintenance of alternative apparatus in substitution for apparatus to be decommissioned or removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and Cadent and must be no less favourable on the whole to Cadent than the facilities and rights enjoyed by it in respect of the apparatus to be decommissioned or removed unless otherwise agreed by Cadent.

(2) If the facilities and rights to be afforded by the undertaker and agreed with Cadent under sub-paragraph (1) in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are less favourable on the whole to Cadent than the facilities and rights enjoyed by it in respect of the apparatus to be decommissioned or removed (in Cadent’s opinion, acting reasonably), then the terms and conditions to which those facilities and rights are subject in the matter will be referred to arbitration in accordance with paragraph 106

(arbitration) of this Part of this Schedule and the arbitrator must make such provision for the payment 209Document Generated: 2026-10-21

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Retained apparatus: protection of Cadent

100.—(1) Not less than 56 days (or such time period as may be agreed in writing between Cadent and the undertaker) before the commencement of any specified works the undertaker must submit to Cadent a plan and, if reasonably required by Cadent, a ground monitoring scheme in respect of those works.

(2) The plan to be submitted to Cadent under sub-paragraph (1) must include a method statement and describe—

(a) the exact position of the works;

(b) the level at which these are proposed to be constructed or renewed;

(c) the manner of their construction or renewal including details of excavation, positioning of plant etc.;

(d) the position of all apparatus;

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

(f) any intended maintenance regimes.

(3) The undertaker must not commence any specified works until Cadent has given written approval of the plan so submitted (and the ground monitoring scheme if required).

(4) Any approval of Cadent required under sub-paragraph (3)—

(a) may be given subject to reasonable conditions for any purpose mentioned in sub- paragraph (5) or (7); and

(b) must not be unreasonably withheld or delayed.

(5) In relation to any specified works to which sub-paragraph (1) applies, Cadent may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing its apparatus against interference or risk of damage or for the purpose of providing or securing proper and convenient means of access to any apparatus.

(6) Works to which this paragraph applies must only be executed in accordance with—

(a) the plan submitted under sub-paragraphs (1) and (2) or as relevant sub-paragraph (5), as approved or as amended from time to time by agreement between the undertaker and Cadent; and

(b) all conditions imposed under sub-paragraph (4)(a), and Cadent will be entitled to watch and inspect the execution of those works where reasonably practicable to do so and in accordance with any relevant health and safety legislation.

(7) Where Cadent requires any protective works to be carried out by itself or by the undertaker (whether of a temporary or permanent nature) such protective works, inclusive of any measures or schemes required and approved as part of the plan approved pursuant to this paragraph, must be carried out to Cadent’s satisfaction prior to the commencement of any specified works (or any relevant part thereof) for which protective works are required prior to commencement.

(8) If Cadent, 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 92 to 94 and 97 to 99 apply as if the removal of the apparatus had been required by the undertaker under sub-paragraph 98(2) provided that such written notice must be given by Cadent to the undertaker no later than as part of the approval of a plan submitted pursuant to sub-paragraph (1).

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(9) 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 the specified works, a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph will apply to and in respect of the new plan.

(10) The undertaker will not be required to comply with sub-paragraph (1) where it needs to carry out emergency works as defined in the 1991 Act but in that case it must give to Cadent notice as soon as is reasonably practicable and a plan of those works and must comply with—

(a) the conditions imposed under sub-paragraph (4)(a) insofar as is reasonably practicable in the circumstances; and

(b) sub-paragraph (11) at all times.

(11) At all times when carrying out any works authorised under the Order the undertaker must comply with the Cadent’s policies for safe working in proximity to gas apparatus “Specification for Safe Working in the Vicinity of Cadent Assets CAD//SP/SSW/22” and HSE’s “HS(~G)47 Avoiding Danger from underground services”.

(12) As soon as reasonably practicable after any ground subsidence event attributable to the authorised works the undertaker must implement an appropriate ground mitigation scheme save that Cadent retains the right to carry out any further necessary protective works for the safeguarding of its apparatus and can recover any such costs in line with paragraph 101.

Expenses

101.—(1) Subject to the following provisions of this paragraph, the undertaker must pay to Cadent on demand all charges, costs and expenses reasonably anticipated or incurred by Cadent in, or in connection with, the inspection, removal, relaying or replacing, alteration or protection of any apparatus or the construction of any new or alternative apparatus which may be required in consequence of the execution of any authorised works as are referred to in this Part of this Schedule including without limitation—

(a) any costs reasonably incurred by or compensation properly paid by Cadent in connection with the acquisition of rights or the exercise of statutory powers for such apparatus including without limitation all costs (including professional fees) incurred by Cadent as a consequence of Cadent—

(i)using its own compulsory purchase powers to acquire any necessary rights under sub-paragraph 98(3) if it elects to do so; or

(ii)exercising any compulsory purchase powers in the Order transferred to or benefitting Cadent;

(b) in connection with the cost of the carrying out of any diversion work or the provision of any alternative apparatus;

(c) the cutting off of any apparatus from any other apparatus or the making safe of redundant apparatus;

(d) the approval of plans;

(e) the carrying out of protective works, plus a capitalised sum to cover the cost of maintaining and renewing permanent protective works;

(f) the survey of any land, apparatus or works, the inspection and monitoring of works or the installation or removal of any temporary works reasonably necessary in consequence of the execution of any such works referred to in this Part of this Schedule;

(g) any watching brief pursuant to sub-paragraph 100(6).

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(2) There will be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Part of this Schedule and which is not re-used as part of the alternative apparatus, that value being calculated after removal.

(3) If in accordance with the provisions of this Part of this Schedule—

(a) apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or

(b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated, and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with paragraph 106 to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub- paragraph would be payable to Cadent by virtue of sub-paragraph (1) will be reduced by the amount of that excess save where it is not possible or appropriate in the circumstances (including due to statutory or regulatory changes) to obtain the existing type of apparatus at the same capacity and dimensions or place at the existing depth in which case full costs will be borne by the undertaker.

(4) For the purposes of sub-paragraph (3)—

(a) an extension of apparatus to a length greater than the length of existing apparatus will not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and

(b) where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole will be treated as if it also had been agreed or had been so determined.

(5) An amount which apart from this sub-paragraph would be payable to Cadent in respect of works by virtue of sub-paragraph (1) will, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on Cadent any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

Indemnity

102.—(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any such works authorised by this Part of this Schedule (including without limitation relocation, diversion, decommissioning, construction and maintenance of apparatus or alternative apparatus) or in consequence of the construction, use, maintenance or failure of any of the authorised works by or on behalf of the undertaker or in consequence of any act or default of the undertaker (or any person employed or authorised by the undertaker) in the course of carrying out such works, including without limitation works carried out by the undertaker under this Part of this Schedule or any subsidence resulting from any of these works, any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of the authorised works) or property of Cadent, or there is any interruption in any service provided, or in the supply of any goods, by Cadent, or Cadent becomes liable to pay any amount to any third party, the undertaker will—

(a) bear and pay on demand, accompanied by an invoice or claim from Cadent, the cost reasonably incurred by Cadent in making good such damage or restoring the supply; and

(b) indemnify Cadent for any other expenses, loss, demands, proceedings, damages, claims, penalty, or costs incurred by or recovered from Cadent, by reason or in consequence of 212Document Generated: 2026-10-21

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(2) The fact that any act or thing may have been done by Cadent on behalf of the undertaker or in accordance with a plan approved by Cadent or in accordance with any requirement of Cadent or under its supervision including under any watching brief will not (unless sub-paragraph (3) applies) excuse the undertaker from liability under the provisions of this sub-paragraph (1) unless Cadent fails to carry out and execute the works properly with due care and attention and in a skilful and workman like manner or in a manner that does not accord with the approved plan or in a manner as may otherwise be agreed between the undertaker and Cadent.

(3) Nothing in sub-paragraph (1) will impose any liability on the undertaker in respect of—

(a) any damage or interruption to the extent that it is attributable to the neglect or default of Cadent, its officers, servants, contractors or agents; and

(b) any authorised works or any other works authorised by this Part of this Schedule carried out by Cadent as an assignee, transferee or lessee of the undertaker with the benefit of the

Order pursuant to section 156 of the 2008 Act or article 37 (consent to transfer the benefit of the Order) of the Order subject to the proviso that once such works become apparatus (“new apparatus”), any authorised works yet to be executed and not falling within this paragraph (b) will be subject to the full terms of this Part of this Schedule including this paragraph in respect of such new apparatus.

(4) Cadent must give the undertaker reasonable notice of any such third party claim or demand and no settlement, admission of liability or compromise must, unless payment is required in connection with a statutory compensation scheme, be made without first consulting the undertaker and considering its representations.

Enactments and agreements

103. Save to the extent provided for to the contrary elsewhere in this Part of this Schedule or by agreement in writing between Cadent and the undertaker, nothing in this Part of this Schedule will affect the provisions of any enactment or agreement regulating the relations between the undertaker and Cadent in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.

Co-operation

104.—(1) Where in consequence of the proposed construction of any part of the authorised works, the undertaker or Cadent requires the removal of apparatus under paragraph 98(2) or Cadent makes requirements for the protection or alteration of apparatus under paragraph 100, the undertaker must use its best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised works and taking into account the need to ensure the safe and efficient operation of Cadent’s undertaking and Cadent must use its best endeavours to co-operate with the undertaker for that purpose.

(2) For the avoidance of doubt whenever Cadent’s consent, agreement or approval is required in relation to plans, documents or other information submitted by the undertaker or the taking of action by the undertaker, Cadent’s consent must not be unreasonably withheld or delayed.

Access

105. If in consequence of any agreement reached in accordance with paragraph 97(1) or the powers granted under this Order the access to any apparatus (including appropriate working areas required to reasonably and safely undertake necessary works by Cadent in respect of the apparatus) is materially obstructed, the undertaker must provide such alternative rights and means of access to 213Document Generated: 2026-10-21

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Arbitration

106. Save for differences or disputes arising under paragraphs 98(2) and 98(4) any difference or dispute arising between the undertaker and Cadent under this Part of this Schedule must, unless otherwise agreed in writing between the undertaker and Cadent, be determined by arbitration in accordance with article 44 (arbitration).

Notices

107. Notwithstanding article 46 (service of notices) any plans submitted to Cadent by the undertaker pursuant to paragraph 100(1) must be sent via email to Cadent Gas Limited Plant Protection at plantprotection@cadentgas.com copied by e-mail to landservices@cadentgas.com and sent to the General Counsel Department at Cadent’s registered office or such other address as Cadent may from time to time appoint instead for that purpose and notify to the undertaker in writing.

PART 9 FOR THE PROTECTION OF THE LEAD LOCAL FLOOD AUTHORITY

108. The provisions of this Part have effect for the protection of the lead local flood authority unless otherwise agreed in writing between the undertaker and the lead local flood authority.

109. In this Part of this Schedule— “construction” includes execution, placing, altering, replacing, relaying and removal; and “construct” and “constructed” must be construed accordingly. “drainage authority” means in relation to an ordinary watercourse, the drainage board concerned within the meaning of section 23 (prohibition on obstructions etc. in watercourses) of the Land Drainage Act 1991;

“drainage work” means any ordinary watercourse and includes any land that provides or is expected to provide flood storage capacity for any ordinary watercourse and any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage or flood defence;

“evidence” includes hydraulic modelling, infiltration test results and geotechnical evaluations; “ordinary watercourse” has the meaning given in section 72 (Interpretation) of the Land Drainage Act 1991;

“plans” includes sections, drawings, specifications and method statements; “specified work” means so much of any work or operation authorised by this Order as is in, on, under, over or within 9 metres of a drainage work or is otherwise likely to—

(a) affect any drainage work within the drainage authority area;

(b) affect the total volume or volumetric rate of flow of water in or flowing to or from any drainage work within the drainage authority area;

(c) affect the flow of water in any drainage work within the drainage authority area; and

(d) affect the conservation, distribution or use of water resources.

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(2) Any such specified work must not be constructed except in accordance with such plans as may be approved in writing by the drainage authority or determined under paragraph 117.

(3) Any approval of the drainage authority required under this paragraph—

(a) must not be unreasonably withheld or delayed;

(b) is deemed to have been given if it is neither given nor refused within 2 months of the submission of the plans for approval (or the submission of further particulars if applicable) or, in the case of a refusal, if it is not accompanied by a statement of the grounds of refusal;

and

(c) may be given subject to such reasonable requirements and conditions as the drainage authority may consider appropriate.

(4) The drainage authority must use its reasonable endeavours to respond to the submission of any plans before the expiration of the period mentioned in sub-paragraph (3).

111. Without limiting paragraph 110, the requirements which the drainage authority may make under that paragraph include conditions requiring the undertaker at its own expense to construct such protective works, whether temporary or permanent, during the construction of the specified work (including the provision of flood banks, walls or embankments or other new works and the strengthening, repair or renewal of existing banks, walls or embankments) as are reasonably necessary—

(a) to safeguard any drainage work against damage; or

(b) to secure that its efficiency for flood defence purposes is not impaired and that the risk of flooding is not otherwise increased, by reason of any specified work.

112.—(1) Subject to sub-paragraph (2), any specified work, and all protective works required by the drainage authority under paragraph 111, must be constructed—

(a) without unreasonable delay in accordance with the plans approved or deemed to have been approved or settled under this Part; and

(b) to the reasonable satisfaction of the drainage authority, and an officer of the drainage authority is entitled to give such notice as may be reasonably required in the circumstances to watch and inspect the construction of such works.

(2) The undertaker must give to the drainage authority—

(a) not less than 14 days’ notice in writing of its intention to commence construction of any specified work; and

(b) notice in writing of its completion not later than 7 days after the date on which it is brought into use.

(3) If the drainage authority reasonably requires, the undertaker must construct all or part of the protective works so that they are in place before the construction of the specified work.

(4) If any part of a specified work or any protective work required by the drainage authority is constructed otherwise than in accordance with the requirements of this Part, the drainage authority may by notice in writing require the undertaker at the undertaker’s expense to comply with the requirements of this Part or (if the undertaker so elects and the drainage authority in writing consents, such consent not to be unreasonably withheld or delayed) to remove, alter or pull down the work and, where removal is required, to restore the site to its former condition to such extent and within such limits as the drainage authority reasonably requires.

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(6) In the event of any dispute as to whether sub-paragraph (4) is properly applicable to any work in respect of which notice has been served under that sub-paragraph, or as to the reasonableness of any requirement of such a notice, the drainage authority must not except in emergency exercise the powers conferred by sub-paragraph (4) until the dispute has been finally resolved by agreement or determined under paragraph 117.

113. If by reason of the construction of any specified work or of the failure of any such work the efficiency of any drainage work for flood defence purposes is impaired, or the drainage work is otherwise damaged, the impairment or damage must be made good by the undertaker to the reasonable satisfaction of the drainage authority and, if the undertaker fails to do so, the drainage authority may make good the impairment or damage and recover from the undertaker the expense reasonably incurred by it in doing so.

114. The undertaker must compensate the drainage authority in respect of all costs, charges and expenses that the drainage authority may reasonably incur, have to pay or may sustain—

(a) in the examination or approval of plans and evidence under this Part;

(b) in inspecting the proposed site for and construction of any specified work or any protective works required by the drainage authority under this Part; and

(c) in carrying out of any surveys or tests by the drainage authority that are reasonably required in connection with the construction of the specified work.

115.—(1) Without limiting the other provisions of this Part, the undertaker must compensate the drainage authority in respect of all claims, demands, proceedings, costs, damages, expenses or loss that may be made or taken against, reasonably recovered from or incurred by the drainage authority by reason of—

(a) any damage to any drainage work so as to impair its efficiency for the purposes of flood defence;

(b) any flooding or increased flooding of any such land which is caused by, or results from, the construction of the specified work or any act or omission of the undertaker, its contractors, agents or employees whilst engaged upon the work.

(2) The drainage authority must give to the undertaker reasonable notice of any such claim or demand, and no settlement or compromise may be made without the agreement of the undertaker which agreement must not be unreasonably withheld or delayed.

(3) The drainage authority must use its reasonable endeavours to mitigate in whole or in part and to minimise any claims, demands, proceedings, costs, damages, expenses or loss to which this paragraph applies. If requested to do so by the undertaker, the drainage authority must provide an

explanation of how the claim has been minimised. The undertaker is only liable under this paragraph for claims reasonably incurred by the drainage authority.

116. The fact that any work or thing has been executed or done by the undertaker in accordance with a plan approved or deemed to be approved by the drainage authority, or to its satisfaction, or in accordance with any directions or award of an arbitrator, does not relieve the undertaker from any liability under this Part.

117. Any dispute between the undertaker and the drainage authority under this Part, unless otherwise agreed, must be determined by arbitration under article 44 (arbitration).

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SCHEDULE 16 Article 47 PROCEDURE FOR DISCHARGE OF REQUIREMENTS Interpretation

1.—(1) In this Schedule— “discharge” means any consent, agreement or approval required by—

(a) a requirement;

(b) a document referred to by a requirement; or

(c) a document that has been approved pursuant to a requirement; “requirement consultee” means—

(a) any body or authority named in a requirement as a body to be consulted by the relevant planning authority in discharging that requirement; and

(b) in relation to an application made under requirement 3 to amend an approved document (as defined in requirement 3), any body or authority that was required to be consulted in relation to the approval of that approved document; and “start date” means the date of the notification given by the Secretary of State under paragraph 4(2)(c).

(2) In the event an application is made to discharge more than one consent, agreement or approval, this must be treated as though separate applications were made for the discharge of each consent, agreement or approval.

Applications made under requirement

2.—(1) Where an application has been made to the relevant planning authority for any consent, agreement or approval required by a requirement, the undertaker will also submit a copy of that application to any requirement consultee.

(2) Where an application has been made to the relevant planning authority for any consent, agreement or approval required by a requirement, the relevant planning authority must give notice to the undertaker of its decision on the application within a period of ten weeks beginning with the later of—

(a) the day immediately following that on which the application is received by the authority;

(b) the day immediately following that on which further information has been supplied by the undertaker under paragraph 3; or

(c) such longer period that is agreed in writing by the undertaker and the relevant planning authority.

(3) Subject to paragraph (5), in the event that the relevant planning authority does not determine an application within the period set out in sub-paragraph (2), the relevant planning authority is to be taken to have granted all parts of the application (without any condition or qualification) at the end of that period.

(4) For sub-paragraph (3) to apply to any application for consent, agreement or approval under sub-paragraph (2), the application must include a statement that the provisions of sub-paragraph (3) apply to that application.

(5) Any application made to the relevant planning authority pursuant to sub-paragraph (1) must include a statement to confirm whether it is likely that the subject matter of the application will give rise to any materially new or materially different environmental effects in comparison with those 217Document Generated: 2026-10-21

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(6) Where an application has been made to the relevant planning authority for any consent, agreement or approval required by a requirement included in this Order and the relevant planning authority does not determine the application within the period set out in sub-paragraph (1) and is accompanied by a report pursuant to sub-paragraph (5) which states that the subject matter of such application is likely to give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement then the application is to be taken to have been refused by the relevant planning authority at the end of that period.

Further information and consultation

3.—(1) In relation to any application to which this Schedule applies, the relevant planning authority may request such reasonable further information from the undertaker as is necessary to enable it to consider the application.

(2) In the event that the relevant planning authority considers such further information to be necessary and the provision governing or requiring the application does not specify that consultation with a requirement consultee is required, the relevant planning authority must, within 15 working days of receipt of the application, notify the undertaker in writing specifying the further information required.

(3) If the provision governing or requiring the application specifies that consultation with a requirement consultee is required, the relevant planning authority must issue the consultation to the requirement consultee within 10 working days of receipt of the application, and must notify the undertaker in writing specifying any further information the relevant planning authority considers necessary or that is requested by the requirement consultee within 10 working days of receipt of such a request and in any event within 20 working days of receipt of the application (or such other period as is agreed in writing between the undertaker and the relevant planning authority).

(4) In the event that the relevant planning authority does not give notification as specified in sub- paragraph (2) or (3) it is deemed to have sufficient information to consider the application and is not thereafter entitled to request further information without the prior agreement of the undertaker.

(5) Where further information is requested under this paragraph in relation to part only of an application, that part is to be treated as separate from the remainder of the application for the purposes of calculating time periods in paragraph 2 and paragraph 3.

Appeals

4.—(1) The undertaker may appeal in the event that—

(a) the relevant planning authority refuses an application for any consent, agreement or approval required by a requirement included in this Order or grants it subject to conditions;

(b) the relevant planning authority is deemed to have refused an application pursuant to paragraph 2(6);

(c) on receipt of a request for further information pursuant to paragraph 3 the undertaker considers that either the whole or part of the specified information requested by the relevant planning authority is not necessary for consideration of the application; or

(d) on receipt of any further information requested, the relevant planning authority notifies the undertaker that the information provided is inadequate and requests additional information which the undertaker considers is not necessary for consideration of the application.

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(a) any appeal by the undertaker must be made within 42 days of the date of the notice of the decision or determination, or (where no determination has been made) the expiry of the time period set out in paragraph 2(2), giving rise to the appeal referred to in paragraph 2(3);

(b) the undertaker must submit the appeal documentation to the Secretary of State and must on the same day provide copies of the appeal documentation to the relevant planning authority and any requirement consultee;

(c) the Secretary of State must appoint a person to determine the appeal as soon as reasonably practicable and must, as soon as reasonably practicable, notify the appeal parties of the identity of the appointed person and the address to which all correspondence for the appointed person’s attention should be sent;

(d) the relevant planning authority and any requirement consultee must submit written representations to the appointed person in respect of the appeal within 10 working days of the start date and must ensure that copies of their written representations are sent to each other and to the undertaker on the day on which they are submitted to the appointed person;

(e) the undertaker may make any counter-submissions to the appointed person within 10 working days of receipt of written representations pursuant to sub-paragraph (d);

(f) the appointed person must make their decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable and in any event within 30 working days of the deadline for the receipt of counter-submissions pursuant to sub-paragraph (e); and

(g) the appointment of the person pursuant to sub-paragraph (c) may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State.

(3) In the event that the appointed person considers that further information is necessary to enable the appointed person to consider the appeal they must, within five working days of the appointed person’s appointment, notify the appeal parties in writing specifying the further information required.

(4) Any further information required pursuant to sub-paragraph (3) must be provided by the relevant party to the appointed person and the other appeal parties on the date specified by the appointed person (the “specified date”), and the appointed person must notify the appeal parties of the revised timetable for the appeal on or before that day. The revised timetable for the appeal must require submission of written representations to the appointed person within 10 working days of the specified date, but otherwise the process and time limits set out in sub-paragraphs (d) to (f) of sub- paragraph (2) apply.

(5) The appointed person may—

(a) allow or dismiss the appeal; or

(b) reverse or vary any part of the decision of the relevant planning authority (whether the appeal relates to that part of it or not), and may deal with the application as if it had been made to them in the first instance.

(6) The appointed person may proceed to a decision on an appeal taking into account only such written representations as have been sent within the relevant time limits.

(7) The appointed person may proceed to a decision even though no written representations have been made within the relevant time limits, if it appears to them that there is sufficient material to enable a decision to be made on the merits of the case.

(8) The decision of the appointed person on an appeal is to be final and binding on the parties, unless proceedings are brought by a claim for judicial review.

(9) If an approval is given by the appointed person pursuant to this Schedule, it is to be deemed to be an approval for the purpose of Schedule 2 (requirements) as if it had been given by the relevant planning authority. The relevant planning authority may confirm any determination given by the appointed person in identical form in writing but a failure to give such confirmation (or a failure to 219Document Generated: 2026-10-21

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(10) Save where a direction is given pursuant to sub-paragraph (11) requiring the costs of the appointed person to be paid by the relevant planning authority, the reasonable costs of the appointed person must be met by the undertaker.

(11) On application by the relevant planning authority or the undertaker, the appointed person may give directions as to the costs of the appeal parties and as to the parties by whom the costs of the appeal are to be paid. In considering whether to make any such direction and the terms on which it is to be made, the appointed person must have regard to advice on planning appeals and award

costs published in Planning Practice Guidance: Appeals (March 2014) or any circular or guidance which may from time to time replace it.

Fees

5.—(1) Where an application is made to the relevant planning authority for a discharge, a fee is to apply and must be paid to the relevant planning authority for each application.

(2) The fee payable for each application under sub-paragraph (1) is as follows—

(a) a fee of £2,535 for the first application for the discharge of each of the requirements 5, 6, 7, 8, 9, 11, 13, 14, 15, 16, 18, 19 and 21;

(b) a fee of £578 for each subsequent application for the discharge of each of the requirements listed in paragraph (a) and any application under requirement 5 in respect of the requirements listed in paragraph (a); and

(c) a fee of £145 for any application for the discharge of—

(i)any other requirements not listed in paragraph (a);

(ii)any application under requirement 3 in respect of requirements not listed in paragraph (a); and

(iii)any approval required by a document referred to by any requirement or a document approved pursuant to any requirement.

(3) Any fee paid under this Schedule must be refunded to the undertaker within four weeks of—

(a) the application being rejected as invalidly made; or

(b) the relevant planning authority failing to determine the application within the relevant period in paragraph 2(2) unless—

(i)within that period the undertaker agrees, in writing, that the fee is to be retained by the relevant planning authority and credited in respect of a future application; or

(ii)a longer period of time for determining the application has been agreed pursuant to paragraph 2(2)(c) of this Schedule, as applicable.

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EXPLANATORY NOTE (This note is not part of the Order) This Order authorises Green Hill Solar Farm Limited (referred to in this Order as the undertaker) to construct, operate, maintain and decommission a ground mounted solar photovoltaic generating station with a gross electrical output capacity over 100 megawatts and associated development. The

Order would permit the undertaker to acquire, compulsorily or by agreement, land and rights in land and to use land for this purpose.

A copy of the Order plans and the book of reference mentioned in the Order and certified in accordance with article 42 (certification of plans and documents, etc.) of this Order may be inspected free of charge during working hours at North Northamptonshire Council, Development Management Services, Cedar Drive, Thrapston, NN14 4LZ.

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