Law

The Cory Decarbonisation Project Order 2025

United Kingdom · regulation

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In force since 2026-06-08, as the publisher states.

Copy read on 2026-11-10. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

sha256 2046cfb0f461d9a8056a998d36c7c1281484482f909818769ff3694198febf52

Contents: 71 provisions
  1. Title and introductory text
  2. 1 Citation and commencement
  3. 2 Interpretation
  4. 3 Electronic communications
  5. 4 Development consent granted by the Order
  6. 5 Maintenance of authorised development
  7. 6 Operation of the authorised development
  8. 7 Disapplication of legislative provisions
  9. 8 Interaction with the 1968 Act
  10. 9 Benefit of this Order
  11. 10 Consent to transfer benefit of the Order
  12. 11 Guarantees in respect of payment of compensation
  13. 12 Application of the permit scheme
  14. 13 Street works
  15. 14 Power to alter layout, etc., of streets
  16. 15 Permanent stopping up of specified street and private means of access
  17. 16 Temporary prohibition or restriction of use of streets, private means of access and public rights of way and authorising vehicular use on public rights of way
  18. 17 Permanent closure and diversion of, and creation of new public rights of way and authorising vehicular use on public rights of way
  19. 18 Access to the authorised development
  20. 19 Agreements with street authorities
  21. 20 Traffic regulation measures
  22. 21 Discharge of water
  23. 22 Authority to survey and investigate the land
  24. 23 Protective works to buildings
  25. 24 Felling or lopping of trees
  26. 25 Works in the river Thames: conditions
  27. 26 Oversailing rights
  28. 27 Power to dredge
  29. 28 Compulsory acquisition of land
  30. 29 Time limit for exercise of authority to acquire land compulsorily
  31. 30 Compulsory acquisition of rights
  32. 31 Acquisition of subsoil or airspace only
  33. 32 Private rights
  34. 33 Power to override easements and other rights
  35. 34 Application of the 1981 Act
  36. 35 Modification of Part 1 of the 1965 Act
  37. 36 Rights under or over streets
  38. 37 Temporary use of land for carrying out the authorised development
  39. 38 Temporary use of land for maintaining the authorised development
  40. 39 Statutory undertakers
  41. 40 Apparatus and rights of statutory undertakers in stopped up streets
  42. 41 Recovery of costs of new connections
  43. 42 Deemed marine licence
  44. 43 Application of landlord and tenant law
  45. 44 Defence to proceedings in respect of statutory nuisance
  46. 45 Protective provisions
  47. 46 Certification of plans etc.
  48. 47 Service of notices
  49. 48 Procedures in relation to certain approvals etc.
  50. 49 Arbitration
  51. 50 Crossness Local Nature Reserve
  52. 51 Planning permission, etc.
  53. 52 No double recovery
  54. 53 Byelaws relating to the Crossness Nature Reserve
  55. 54 Fixed penalty notices relating to byelaws
  56. SCHEDULE 1 AUTHORISED DEVELOPMENT
  57. SCHEDULE 2 REQUIREMENTS
  58. SCHEDULE 3 LEGISLATION TO BE DISAPPLIED
  59. SCHEDULE 4 STREETS SUBJECT TO STREET WORKS
  60. SCHEDULE 5 STREETS SUBJECT TO PERMANENT OR TEMPORARY ALTERATION OF LAYOUT
  61. SCHEDULE 6 PERMANENT STOPPING UP OF STREET AND PRIVATE MEANS OF ACCESS AND PROVISION OF NEW STREET AND PRIVATE MEANS OF ACCESS
  62. SCHEDULE 7 TEMPORARY ALTERATION, PROHIBITION, DIVERSION OR RESTRICTION OF THE USE OF STREETS AND PUBLIC RIGHTS OF WAY AND AUTHORISING VEHICULAR USE ON PUBLIC RIGHTS OF WAY
  63. SCHEDULE 8 LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
  64. SCHEDULE 9 MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF NEW RESTRICTIVE COVENANTS
  65. SCHEDULE 10 LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  66. SCHEDULE 11 DEEMED MARINE LICENCE
  67. SCHEDULE 12 PROTECTIVE PROVISIONS
  68. SCHEDULE 13 DOCUMENTS AND PLANS TO BE CERTIFIED
  69. SCHEDULE 14 PROCEDURE IN RELATION TO CERTAIN APPROVALS ETC.
  70. SCHEDULE 15 ARBITRATION RULES
  71. SCHEDULE 16 DESIGN PARAMETERS

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No one has proposed a change to this act yet.

71 provisions

40 Apparatus and rights of statutory undertakers in stopped up streets

Where a street is altered or diverted or its use is temporarily prohibited or restricted under article 13 (street works), article 14 (power to alter layout, etc., of streets), or article 16 (temporary prohibition or restriction of use of streets, private means of access and public rights of way and authorising vehicular use on 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 12 (protective provisions), as if this Order had not been made.

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41 Recovery of costs of new connections

(1) Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 39 (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 39 (statutory undertakers) any person who is— (a) the owner or occupier of premises the drains of which communicated with the sewer; or (b) the owner of a private sewer which communicated with that sewer, is to be 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 article 40 (apparatus and rights of statutory undertakers in stopped up streets) or 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.

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42 Deemed marine licence

(1) The marine licence set out in Schedule 11 (deemed marine licence) is deemed to have been issued under Part 4 of the 2009 Act (marine licensing) for the licensed activities set out in Part 2, and subject to the condition set out in Part 3, of the licence. (2) Any decision made by the MMO under conditions 29(2)(b) and 2629(2)(c) of Schedule 11 (deemed marine licence) is deemed to be a decision able to be appealed under the Marine Licensing (Licence Application Appeals) Regulations 2011.

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43 Application of landlord and tenant law

(1) This article applies to any agreement entered into by the undertaker under article 10 (consent to transfer benefit of the Order) so far as it relates to the terms on which any land is subject to a lease granted by or under that agreement. (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) No enactment or rule of law to which paragraph (2) applies is to apply 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.

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44 Defence to proceedings in respect of statutory nuisance

(1) Where proceedings are brought under section 82(1) (summary proceedings by persons aggrieved by statutory nuisances) of the Environmental Protection Act 1990 in relation to a nuisance falling within paragraphs (c), (d), (e), (fb), (g) or (h) of section 79(1) (statutory nuisances and inspections therefor) of that Act (statutory nuisances and inspections therefor) no order is to be made, and no fine may be imposed, under section 82(2) (summary proceedings by persons aggrieved by statutory nuisances) of that Act if— (a) the defendant shows that the nuisance— (i) 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 of the authorised development in accordance with a notice served under section 60 (control of noise on construction sites), or a consent given under section 61 (prior consent for work on construction sites), of the Control of Pollution Act 1974 or a code of construction practice approved under requirement 7 (code of construction practice); or (ii) is a consequence of the construction or maintenance of the authorised development and that it cannot reasonably be avoided; or (b) the defendant shows that the nuisance is a consequence of the use of the authorised development and that it cannot reasonably be avoided. (2) Section 61(9) (prior consent for work on construction sites) of the Control of Pollution Act 1974 does not apply where the consent relates to the use of premises by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development.

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45 Protective provisions

Schedule 12 (protective provisions) has effect.

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46 Certification of plans etc.

(1) The undertaker must, as soon as practicable after the making of this Order, submit to the Secretary of State copies of all documents and plans referred to in Schedule 13 (documents and plans to be certified) to this Order for certification that they are true copies of those documents. (2) A plan or document so certified is to be admissible in any proceedings as evidence of the contents of the document of which it is a copy.

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47 Service of notices

(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 (6) 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 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 purposes 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) 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— (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.

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48 Procedures in relation to certain approvals etc.

(1) Subject to paragraph (2), Schedule 14 (procedure in relation to certain approvals etc.) is to have effect in relation to all consents, agreements or approvals required or contemplated by any provisions of this Order, including— (a) consent, agreement or approval in respect of part of a requirement; (b) any consent, agreement or approval required by any of the documents listed in Schedule 13 (documents and plans to be certified); (c) documents approved pursuant to a requirement; or (d) consent sought under section 61 (prior consent for work on construction sites) of the Control of Pollution Act 1974. (2) Schedule 14 (procedure in relation to certain approvals etc.) does not apply in respect of any consents, agreements or approvals contemplated by the provisions of Schedule 12 (protective provisions), any approvals required under the deemed marine licence contained in Schedule 11 (deemed marine licence) or any dispute under article 23(6) (protective works to buildings) or article 32(6)(b) (private rights). (3) Where paragraph (1) applies to any consent, agreement or approval, such consent, agreement or approval must not be unreasonably withheld or delayed.

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49 Arbitration

(1) Any difference under any provision of this Order, unless otherwise provided for, is to be referred to and settled in arbitration in accordance with the rules set out in Schedule 15 (arbitration rules) of this Order, by a single arbitrator to be agreed upon by the parties, within 14 days of receipt of the notice of arbitration, or if the parties fail to agree within the time period stipulated, to be appointed on application of either party (after giving written notice to the other) by the Secretary of State. (2) Any matter for which the consent or approval of the Secretary of State or the MMO is required under any provision of this Order is not subject to arbitration.

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50 Crossness Local Nature Reserve

(1) The undertaker must notify the relevant planning authority when it has completed the carrying out of Work No. 7 no later than 20 business days after that Work is completed. (2) From the date of the notice given under paragraph (1)— (a) all of the crossness local nature reserve as extended shall be a nature reserve for the purposes of section 21 (establishment of nature reserves by local authorities) of the National Parks and Access to the Countryside Act 1949; (b) any existing nature reserve designation and associated bylaws applying at that time to any of the crossness local nature reserve shall no longer apply; (c) clause 4 of the 1994 agreement shall no longer apply to land within the Order limits; and (d) clause 24 of the 2005 agreement shall be abrogated in its entirety. (3) The carrying out of the authorised development on the crossness local nature reserve as extended shall not constitute a breach of— (a) the 1994 agreement; (b) the 2005 agreement; or (c) planning permission numbers 91/1318U, 02/03373/OUTEA, 07/08166/FULM, 08/01834/FUL, 10/00063/OUTEA and 10/00063/OUTEA13 granted by the London Borough of Bexley.

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51 Planning permission, etc.

(1) Development consent granted by this Order is to be deemed as specific planning permission for the purposes of section 264(3) (cases in which land is not to be treated as operational land for the purposes of that Act) of the 1990 Act. (2) Any works carried out under this Order are deemed to be immediately required for the purpose of carrying out development authorised by planning permission granted under the 1990 Act for the purposes of section 9 (requirement of licence for felling) of the Forestry Act 1967. (3) Any works carried out this Order are deemed to be work requiring development consent under section 31 of the 2008 Act for the purpose of paragraph 7(3) of Schedule 3 to the Flood and Water Management Act 2010.

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52 No double recovery

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.

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53 Byelaws relating to the Crossness Nature Reserve

(1) Following the discharge of requirement 12 (Landscape Biodiversity Access and Recreation Delivery Strategy) in Schedule 2 (requirements) and following consultation with the undertaker and TWUL, London Borough of Bexley may make byelaws regulating— (a) the maintenance of order in the Crossness Nature Reserve; and (b) the conduct of persons in the Crossness Nature Reserve. (2) Byelaws made under paragraph (1) must not prevent, prohibit or restrict the construction, maintenance, operation or decommissioning of the authorised development. (3) London Borough of Bexley may vary or revoke any byelaws made by the undertaker under paragraph (1). (4) Subject to paragraph (5), the provisions of subsection 236(3) to (8), and (11) (procedure, etc., for byelaws) of the Local Government Act 1972 apply in relation to byelaws made by London Borough of Bexley under paragraph (1). (5) London Borough of Bexley may make byelaws under paragraph (1) in accordance with the procedure in the Byelaws (Alternative Procedure) (England) Regulations 2016 as if those regulations applied to the making and revoking of byelaws under this article. (6) Byelaws made under this article are enforceable by the London Borough of Bexley and any authorised person. (7) A person who breaches a byelaw made under this article commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

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54 Fixed penalty notices relating to byelaws

(1) This article applies where it appears to an authorised person that a person has committed an offence under byelaws made under article 53 (byelaws relating to the Crossness Nature Reserve). (2) The authorised person may serve on that person a fixed penalty notice in respect of the offence. (3) Where a person is given a fixed penalty notice under this article in respect of an offence— (a) no proceedings may be instituted for that offence before the expiration of 14 days after the date of the notice; and (b) that person may not be convicted of the offence if the fixed penalty is paid before the expiration of 14 days after the date of the notice. (4) A fixed penalty notice must state— (a) the amount of the fixed penalty; (b) particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence; (c) the time by which and the manner (including the number to be used for payments by credit or debit card) in which the fixed penalty must be paid; and (d) that proceedings may be instituted if payment is not made within the time specified in the fixed penalty notice. (5) The amount of the fixed penalty is— (a) one fifth of the maximum amount of the fine to which the person to whom the fixed penalty notice is issued would be liable on summary conviction provided that person pays the fixed penalty in full within 7 days of issue of the fixed penalty notice; or (b) one half of the maximum amount of the fine to which the person to whom the fixed penalty notice is issued would be liable on summary conviction. (6) An authorised person may require a person to whom this article applies to pay a deposit of one tenth of the maximum amount of the fine to which a person may be liable under level 3 on the standard scale on accepting a fixed penalty notice if that person fails to provide, when requested, a residential address in the United Kingdom. (7) Payment of the deposit must be paid by such means as the undertaker may specify on its website as being acceptable. (8) London Borough of Bexley must apply the deposit towards payment of the fixed penalty. (9) In any proceedings a certificate which— (a) purports to be signed on behalf of an officer of the undertaker; and (b) states that payment of a fixed penalty was or was not received by a date specified in the certificate, is evidence of the facts stated.

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SCHEDULE 1 AUTHORISED DEVELOPMENT

Article 4 In the London Borough of Bexley a project of national significance for which development consent is required by direction under sections 35(1) and 35ZA of the 2008 Act, and associated development under section 115(1)(b) of that Act, comprising— Work No. 1 – a carbon capture facility, including— (a) Work No. 1A – up to two carbon capture plants including— (i) up to two flue gas pre-treatment systems including direct contact coolers; (ii) up to two filtration and reclamation systems; (iii) up to two back pressure turbines and generators; (iv) up to two solvent regeneration systems; (v) up to two solvent heat exchanger systems; (vi) solvent storage; (vii) up to two continuous emissions monitoring systems; (viii) up to two regenerator columns; and (ix) retaining walls and sheet pile walls. (b) Work No. 1B – up to two combined absorber columns and stacks or a maximum of two absorber columns and two stacks, including— (i) up to two flue gas treatment plants; (c) Work No. 1C – up to two carbon dioxide processing plants, including— (i) up to two carbon dioxide compression units; (ii) up to two carbon dioxide dehydration units; (iii) up to two carbon dioxide liquefaction units and deoxidation; (iv) up to two carbon dioxide vents; and (v) chemical storage and distribution handling facilities. (d) Work No. 1D – liquid carbon dioxide (LCO₂) buffer storage area, including— (i) modular storage vessels; (ii) boil-off gas processing; and (iii) carbon dioxide vent(s). (e) Work No. 1E – supporting plant relating to the operation of the carbon capture facility, including— (i) heat transfer system; (ii) combined cooling system; (iii) flue gas supply ductwork; (iv) heat offtake infrastructure; (v) heat transfer station; (vi) heat pipework; (vii) process steam and condensate pipework; (viii) chemical storage and distribution handling facilities; (ix) water treatment plant with process water supply; (x) wastewater treatment plant; (xi) gatehouse, control room, welfare, stores and workshop; (xii) hardstanding for car parking; (xiii) stream extraction and stream processing; (xiv) electrical substations and transformers; (xv) water supply storage tank(s); (xvi) operational laydown area; (xvii) drainage infrastructure; and (xviii) retaining walls and sheet pile walls. Work No. 2 – modification to, and interconnection with, existing generation stations, including— (a) Work No. 2A – process steam and condensate connections, and heat offtake infrastructure, including— (i) heat recovery equipment; (ii) insulated heat pipework including connections; (iii) internal and external modification to existing plant, equipment and apparatus; and (iv) modification and diversion of watercourses. (b) Work No. 2B – flue gas supply ductwork, including— (i) flues for existing generation station via new ducting; (ii) dampers shut-off valve for flue gas manipulation; (iii) internal and external modification to existing plant, equipment and apparatus; and (iv) modification and diversion of watercourses. (c) Work No. 2C – electrical connections including— (i) internal and external modification to existing plant, equipment and apparatus; and (ii) modification and diversion of watercourses. Work No. 3 – utilities connections and site access works, including— (a) water supply pipework; (b) foul sewer pipework; (c) heat pipework; (d) condensate pipework; (e) access points from Norman Road to the authorised development; (f) electrical, data, optical fibre and telecommunications cables; and (g) modification and diversion of watercourses. Work No. 4 – maritime works, including— (a) Work No. 4A – modifications to or removal of the Belvedere Power Station jetty and improvements to the England Coast Path. (b) Work No. 4B – a new jetty, including— (i) loading platforms; (ii) piles and fenders; (iii) breasting dolphins; (iv) mooring dolphins; (v) access trestle; (vi) access catwalks; (vii) staircasing; (viii) power supply infrastructure; (ix) temporary moorings; (x) LCO₂ pipelines including pipelines and supporting infrastructure and equipment, pipe racks, pipe bridges and vapour return arm; (xi) topside infrastructure and equipment; and (xii) internal and external modifications to existing generating station. (c) Work No. 4C – related dredging works within the river Thames for Works No. 4A and 4B including a retaining sheet pile wall and the creation of slopes. Work No. 5 – above ground LCO₂ Pipelines to Work No. 4, including— (a) pipelines and supporting infrastructure and equipment; (b) pipe racks and pipe bridges; and (c) vapour return arm. Work No. 6 – temporary construction compounds and laydown areas including contractor facilities, including— (a) Work No. 6A – core temporary construction compound including— (i) site offices and staff welfare facilities; (ii) warehouses; (iii) workshops; (iv) laydown areas for storage including materials and plant storage; (v) vehicle parking facilities; (vi) crane mats; (vii) fabrication facilities including site compound and working spaces; and (viii) electrical connections. (b) Work No. 6B – western temporary construction compound including— (i) site offices and staff welfare facilities; (ii) warehouses; (iii) workshops; (iv) laydown areas for storage including materials and plant storage; (v) vehicle parking facilities; (vi) crane mats; (vii) fabrication facilities including site compound and working spaces; (viii) facilities to cross watercourse; and (ix) electrical connections. (c) Work No. 6C – jetty temporary construction compound including— (i) site offices and staff welfare facilities; (ii) workshops; (iii) laydown areas for storage including materials and plant storage; (iv) vehicle parking facilities; (v) crane mats; (vi) fabrication facilities including site compound and working spaces; and (vii) electrical connections. Work No. 7 – mitigation and enhancement area and improvements to the existing crossness local nature reserve including— (a) raised walkways, footpaths and permissive paths; (b) landscape works; (c) habitat creation and enhancement; (d) planting; (e) fencing and gates; (f) attenuation ponds, ditches and sluice gates; (g) car park and associated pedestrian access; (h) creation of new watercourses and crossings; (i) improvement, diversion and crossings of existing watercourses; (j) signage; (k) amenity and education facilities; and (l) stable blocks. Work No. 8 – rerouting of Thames water access road including any associated apparatus or services. Work No. 9 – protective works to land if required as a result of the authorised development. Ancillary Works For the purposes of or in connection with the construction of any of the works and other development mentioned above, ancillary or related development which does not give rise to any materially new or materially different effects to those assessed in the environmental statement, consisting of— (a) surface water drainage systems, storm water attenuation systems including storage basins, oil water separators, including runoff outfalls, SuDs features, channelling, culverting and works to existing drainage systems; (b) electrical cables, earthing cables, optical fibre cables, data cables, telecommunications cables, flue gas pipework, condensate pipework, water supply pipework, foul water pipework, drains, sewers, heat pipes, LCO₂ pipework, and other apparatus and services, and associated works including bays, ducts, protection and safety measures and equipment, and other apparatus and structures; (c) street works, including breaking up or opening a street, or any sewer, drain or tunnel under it, and tunnelling or boring under a street; (d) relocation or provision of new road traffic signs, signals, street lighting, road restraints and carriageway lane markings; (e) works to install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain street furniture or apparatus (including statutory undertakers’ apparatus) and services in, under or above a street, including lights, fencing and other boundary treatments; (f) works to facilitate traffic management; (g) hardstanding and hard landscaping; (h) soft landscaping and habitat creation, including embankments and planting; (i) bunds, embankments, trenching and swales; (j) biodiversity mitigation, compensation and enhancement measures; (k) works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses; (l) fencing, gates, boundary treatment and other means of enclosure; (m) temporary footpath diversions; (n) external lighting, including lighting columns; (o) closed circuit television cameras and columns and other security measures; (p) site establishment and preparation works, including— (i) site clearance (including vegetation removal, demolition of existing buildings and structures); (ii) earthworks (including soil stripping and storage and site levelling) and excavations; (iii) remediation works; (iv) the creation of temporary construction access points; (v) the alteration of the position of services and utilities; and (vi) works for the protection of buildings and land; (q) temporary construction laydown areas and contractor facilities, including— (i) materials and plant storage and laydown areas; (ii) vehicle and cycle parking facilities; (iii) pedestrian and cycle routes and facilities; (iv) offices and staff welfare facilities; (v) security fencing and gates; (vi) external lighting; (vii) roadways and haul routes; (viii) wheel wash facilities; and (ix) signage; (r) vehicle parking and cycle storage facilities; (s) accesses, roads, ramps and pedestrian and cycle routes and associated signage and information boards; (t) ground investigation works and remedial work in respect of any contamination or other adverse ground conditions, including the installation and monitoring of associated apparatus; (u) works for the benefit or protection of the authorised development; (v) tunnelling, boring, piling and drilling works and management of arisings; and (w) works within the river Thames situated within the Order limits to— (i) alter, clean, modify, dismantle, refurbish, reconstruct, remove, relocate or replace any work or structure (including river walls); (ii) carry out excavations and clearance, deepening, scouring, cleansing, dumping and pumping operations; (iii) use, appropriate, sell, deposit or otherwise dispose of any materials (including liquids but excluding any wreck within the meaning of the Merchant Shipping Act 1995(a)) obtained in carrying out any such operations; (iv) remove and relocate any vessel or structure sunk, stranded, abandoned, moored or left (whether lawfully or not); (v) remove, alter, strengthen, interfere with, occupy and use the banks, bed, foreshore, waters and walls of the river; (vi) construct, place and maintain works and structures including piled fenders, protection piles and cofferdams; and (vii) provide lighting, signage and aids to navigation, and further ancillary or related 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 insofar as they are unlikely to give rise to any materially new or materially different environmental effects to those assessed in the environmental statement.

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SCHEDULE 2 REQUIREMENTS

Article 4 Interpretation 1 In this Schedule— “ground conditions investigations and assessments strategy” means a strategy setting out the undertaker’s proposals for investigating, assessing, and where necessary, remediating ground conditions, contamination and ground stability matters as they pertain to the part of the authorised development to which the strategy relates, including in respect of— unexploded ordnance assessment; ground investigations; remediation strategies and verification reports; piling risk assessment; and earthworks and demolition specifications; “jetty works environmental design scheme” means a scheme setting out— the details of the undertaker’s proposals for the carrying out and maintenance of Work No. 4A, including whether the Belvedere Power Station jetty is to be removed or retained with modifications; the environmental design measures proposed for Work No. 4A and Work No. 4B, including details of— if the Belvedere Power Station jetty is to be retained, any proposals to make improvements to the Belvedere Power Station jetty to improve its use as an ornithological feature; if the Belvedere Power Station jetty is to be removed, any proposals for how the piles for the jetty will be cut to enable ecological outcomes; and in respect of Work No. 4B, the measures proposed at item 4.19 (k) of the mitigation schedule; and details of the undertaker’s proposals for environmental measures in the intertidal environment (which may include measures outside of the Order limits or the payment of credits (as appropriate)), and how they will, alongside the measures set out in landscape, biodiversity, access and recreation delivery strategy approved under requirement 12(2) (landscape, biodiversity, access and recreation delivery strategy), contribute to the achievement of a minimum of 10% biodiversity net gain in area habitat units for all of the authorised development; “mitigation schedule” means the document of that description referred to in Schedule 13 (documents and plans to be certified) certified by the Secretary of State as the mitigation schedule for the purposes of this Order; and “National Highways” means National Highways Limited (company number 09346363) whose registered office is Bridge House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ or any such successor or replacement body that may from time to time be primarily responsible for the functions, duties and responsibilities currently exercised by that statutory body. Time limit 2 The authorised development must not begin after the expiry of seven years from the date on which this Order comes into force. Approved details and amendments to them 3 (1) Subject to sub-paragraph (2), with respect to any plans, details or schemes which have been approved pursuant to any requirement and the percentage of any biodiversity net gain units referred to in requirement 12(3)(e) (together the “Approved Documents, Plans, Details or Schemes”), the undertaker may submit to the relevant approving body for approval in writing any amendments to any of the Approved Documents, Plans, Details or Schemes and, following approval by the relevant approving body, the relevant Approved Documents, Plans, Details or Schemes is to be taken to include the amendments as so approved pursuant to this paragraph. (2) Approval under sub-paragraph (1) for the amendments to any of the Approved Documents, Plans, Details or Schemes must not be given except where it has been demonstrated to the satisfaction of the relevant approving body that the subject matter of the approval sought is unlikely to give rise to any materially new or materially different environmental effects to those assessed in the environmental statement. (3) For the purposes of this paragraph “the relevant approving body” means— (a) for the purposes of all requirements except requirements 17-19, the relevant planning authority; (b) for the purposes of requirements 17 (river wall) and 18 (flood risk mitigation), the Environment Agency; and (c) for the purpose of requirement 19 (navigation risk assessment), the PLA. Detailed design 4 (1) No part of Work No. 1, Work No. 2 (except for internal modifications to existing plant, equipment and apparatus under Work No. 2A(iii), 2B(iii) and 2C(i)) or Work No. 5 may commence until details of the layout, scale and external appearance for that part of those Work Nos. have been submitted to and approved by the relevant planning authority in writing and that part of the authorised development must be designed and constructed in accordance with the details approved under this sub-paragraph. (2) Subject to sub-paragraph (4), the authorised development must be designed and constructed in accordance with the design parameters in Schedule 16 (design parameters) and item 1.12(a) of the mitigation schedule. (3) The authorised development must be designed and constructed in accordance with the design principles and design code and the details submitted under sub-paragraph (1) must include a statement to confirm both how the design principles and design code have been complied with, and how the advice and recommendations of the independent design review process have been taken into account, in the details that have been submitted. (4) Any part of the authorised development may be designed and constructed to deviate from the design parameters set out in Schedule 16 (design parameters) if the undertaker has first sought and obtained approval for such deviations from the relevant planning authority prior to the commencement of that part of the authorised development. (5) The relevant planning authority— (a) may only give approval under sub-paragraph (4) if the undertaker has demonstrated to the relevant planning authority’s satisfaction that that the proposed deviation from the design parameters set out in Schedule 16 (design parameters) will not lead to materially new or materially different effects to those identified in the environmental statement; (b) must, as part of its approval under sub-paragraph (4), certify that it agrees with the undertaker that the proposed deviation from the design parameters set out in Schedule 16 (design parameters) will not lead to materially new or materially different effects to those identified in the environmental statement; and (c) must, in relation to any submission by the undertaker under sub-paragraph (4) which relates to works within the river Thames, consult with the PLA before giving any approval. (6) The detailed design of the authorised development must take into account the climate variables considered in the environmental statement. Permitted preliminary works 5 The permitted preliminary works must be carried out in accordance with the measures set out in appendix 2.1 of the environmental statement. Notice of date of final commissioning 6 Within seven days of the completion of the commissioning of Work No. 1, the undertaker must provide the relevant planning authority, the PLA and the Environment Agency with notice of the date of final commissioning. Code of construction practice 7 (1) No part of the authorised development may commence until a code of construction practice for that part has been submitted to and approved by the relevant planning authority in writing, in consultation with the WRWA and, where the code of construction practice submitted relates to construction activities in the river Thames, emergency planning or opportunities to use the river Thames to transport equipment or materials during construction, the PLA. The code of construction practice submitted for approval must be substantially in accordance with the outline code of construction practice to the extent that it is applicable to that part and must be accompanied by, or include, the following— (a) construction lighting measures; (b) a community engagement plan; (c) a biosecurity management plan; (d) a community engagement plan; (e) a dust management plan; (f) a materials management plan; (g) a pollution prevention plan; (h) a site waste management plan (to be substantially in accordance with the outline site waste management plan); and (i) a surface water management plan. (2) The documents listed in sub-paragraph (1) must include the measures required to be contained within them set out in the outline code of construction practice. (3) The construction of each part of the authorised development must be undertaken in accordance with the approved code of construction practice for that part. Construction Hours 8 (1) The construction of the authorised development must not take place on Sundays, bank holidays nor otherwise outside the hours of— (a) 0700 to 1900 hours on Monday to Friday; and (b) 0700 to 1300 hours on a Saturday. (2) The restrictions in sub-paragraph (1) do not apply to construction works for the authorised development where these— (a) are carried out within existing buildings or buildings constructed as part of the authorised development; (b) are carried out with the prior approval of the relevant planning authority; (c) are associated with an emergency; or (d) are associated with slip form working. (3) In this requirement “emergency” means a situation where, if the relevant action is not taken, there will be adverse health, safety, security or environmental consequences that in the reasonable opinion of the undertaker would outweigh the adverse effects to the public (whether individual classes or generally as the case may be) of taking that action. Construction traffic management plan 9 (1) No part of the authorised development may commence until a construction traffic management plan (which must be substantially in accordance with the framework construction traffic management plan) for that part has been submitted to and approved by the relevant planning authority in writing, in consultation with the relevant highways authority, Dartford Borough Council, Kent County Council, National Highways and WRWA. (2) Any construction traffic management plan submitted under sub-paragraph (1) must include a construction worker travel plan (which must be substantially in accordance with the construction worker management measures included in the framework construction traffic management plan). (3) The construction of each part of the authorised development must be undertaken in accordance with the approved construction traffic management plan for that part. Emergency preparedness and response plan 10 (1) Work Nos. 1 and 4 must not be fully commissioned until an emergency preparedness and response plan has been submitted to and approved by the relevant planning authority in writing, in consultation with the Environment Agency, lead local flood authority, the London Fire Brigade and, in respect of Work No. 4 only, the PLA. (2) For the purposes of sub-paragraph (1), the undertaker may submit one emergency preparedness and response plan for both Work Nos. 1 and 4 or one for each of Work No. 1 and Work No. 4. (3) The emergency preparedness and response plan or plans submitted under sub-paragraphs (1) and (2) must be substantially in accordance with the outline emergency preparedness and response plan. (4) The emergency preparedness and response plan must be implemented as approved under sub-paragraph (1) and maintained throughout the operation of the relevant part of Work Nos. 1 or 4 to which the plan or plans relate. Lighting strategy 11 (1) No part of the authorised development may commence until a lighting strategy for that part has been submitted to and approved by the relevant planning authority in writing, in consultation with the PLA. (2) The lighting strategy must be substantially in accordance with the outline lighting strategy. (3) Any lighting strategy approved under sub-paragraph (1) must be implemented and maintained throughout the operation of the relevant part of the authorised development to which the strategy relates. Landscape, biodiversity, access and recreation delivery strategy 12 (1) No part of the authorised development may commence until a written landscape, biodiversity, access and recreation delivery strategy for that part has been submitted to and approved by the relevant planning authority in writing, in consultation with TWUL. (2) The landscape, biodiversity, access and recreation delivery strategy submitted for approval must be substantially in accordance with the outline landscape, biodiversity, access and recreation delivery strategy. (3) The landscape, biodiversity, access and recreation delivery strategy must include details of all proposed hard and soft landscaping works and ecological mitigation and enhancement measures (as applicable for the relevant numbered work) for that part and where applicable include for that part— (a) the location, number, species, size and planting density of any proposed planting including the proposed times of such planting; (b) cultivation, importing of materials and other operations to ensure plant establishment; (c) existing trees to be retained; (d) an implementation timetable; (e) how the plan proposals for that part will, with the exception of the intertidal environment, contribute to the achievement of a minimum of 10% biodiversity net gain in area habitat units, and a minimum of 10% biodiversity net gain in watercourse units for all of the authorised development for thirty years from the date of commissioning of the authorised development and the metric that has been used to calculate that those percentages will be reached; (f) how the landscaping and ecological measures proposed in the plan will be managed and maintained during the operational life of the authorised development to the date on which the decommissioning environmental management plan is implemented pursuant to requirement 23 (decommissioning environmental management plan); (g) the flora, fauna and habitat surveys required to be carried out prior to commencement of a numbered work, or following completion of a numbered work in order to monitor the effect of, or inform, the mitigation, management and monitoring measures to be taken forward following those initial surveys; (h) the proposals for the establishment of compensatory open mosaic habitat; (i) the final routing, specification and maintenance regime for permissive paths and the public rights of way referred to in article 15(1) and article 15(3); (j) provision for graziers, including details of accesses and access routes (including their surfacing); (k) the final routing, specification and maintenance regime for the diversion and improvement of existing watercourses and the creation of new watercourses; (l) a statement to confirm both how the design principles and design code have been complied with, and how the advice and recommendations of an independent design review process have been taken into account, in the details that have been submitted; and (m) the undertaker’s proposals for a management plan for the crossness local nature reserve as extended. (4) The landscape, biodiversity, access and recreation delivery strategy submitted for approval under sub-paragraph (1) is not required to set out proposals for the intertidal environment. (5) Any landscape, biodiversity, access and recreation delivery strategy submitted for approval under sub-paragraph (1) must be accompanied by— (a) a report setting out— (i) the engagement activities that the undertaker has undertaken to inform the development of the landscape, biodiversity, access and recreation delivery strategy which must be in accordance with the engagement commitments set out in the outline landscape, biodiversity, access and recreation delivery strategy unless otherwise agreed by the relevant planning authority; and (ii) how the undertaker has had regard to the feedback received during that engagement in the landscape, biodiversity, access and recreation delivery strategy that is submitted for approval; (b) copies of any legal agreements with any offsite provider which demonstrate that the delivery of the offsite works which form part of the landscape, biodiversity, access and recreation delivery strategy submitted for approval, and the maintenance of the offsite works for a period of thirty years from the date of the final commissioning of the authorised development, is secured; (c) relevant information setting out the steps (being reasonable steps) that the undertaker has undertaken to secure delivery of the BNG Opportunity Area as the preferred location for offsite works and either— (i) provide confirmation that the BNG Opportunity Area has been secured as the location for offsite works; or (ii) where the BNG Opportunity Area has not been able to be secured as the location for offsite works, provide full details of a proposed alternative location for offsite works; and (d) relevant information setting out the steps that the undertaker has taken (being reasonable steps) to secure delivery of land that could be designated as a non-statutory site of importance for nature conservation as compensation for the area of such designated land lost as a result of the proposed development, and either— (i) provide confirmation that the BNG Opportunity Area has been secured as the location for this compensation; or (ii) where the BNG Opportunity Area has not been able to be secured as the location for this compensation, provide full details of any proposed alternative location for this compensation. (6) Any landscape, biodiversity, access and recreation delivery strategy submitted for approval under sub-paragraph (1) which includes activities to be carried out on land owned by Thames Water Utilities Limited must be accompanied by a planning obligation securing the delivery of the management and maintenance of ecological measures on that land from the date that decommissioning of Work No. 1 completes until 31 December 2093. (7) The landscape, biodiversity, access and recreation delivery strategy submitted for approval may include measures or mechanisms for the creation, improvement or management of habitats outside of the Order limits, or the payment of credits. (8) Any hedgerow, shrub or tree planted as part of the approved strategy that, within a period of five years after planting, is removed, dies or becomes, in the opinion of the relevant planning authority (as applicable), seriously damaged or diseased, must be replaced in the first available planting seasons with a specimen of the same species and size as that originally planted. (9) Any landscape, biodiversity, access and recreation delivery strategy approved under sub-paragraph (1) must be implemented as approved and maintained throughout the operation of the relevant part of the authorised development to which the strategy relates. (10) In this paragraph— (a) “offsite works” means any works that are required to deliver the outcomes set out in sub-paragraphs (3)(e) and 3(h) as part of the landscape, biodiversity, access and recreation delivery strategy submitted for approval under sub-paragraph (1) that are to take place outside of the Order limits; and (b) “BNG Opportunity Area” means the area labelled as such on figure 7-7 of the environmental statement. Surface and foul water drainage 13 (1) No part of the authorised development may commence until written details of the surface and foul water drainage strategy for that part have been submitted to and approved by the relevant planning authority in writing, in consultation with the lead local flood authority. (2) The written details submitted for approval must be substantially in accordance with the outline drainage strategy and must be consistent with the proposals submitted for approval under requirement 12 (landscape, biodiversity, access and recreation delivery strategy). (3) Any surface and foul water drainage strategy approved under sub-paragraph (1) must be implemented and maintained throughout the operation of the relevant part of the authorised development to which the strategy relates. Operational environmental management plan 14 (1) No part of Work No. 1 may be fully commissioned until a written operational environmental management plan for that part has been submitted to and approved by the relevant planning authority in writing. (2) The operational environmental management plan must include details of proposed operational maintenance procedures, security arrangements and the following items set out in the mitigation schedule— (a) paragraphs (c), (e) and the matters listed under additional mitigation of item 1.12; (b) items 3.17 (b) and (e); (c) item 4.19 (f); (d) the first paragraph of item 7.9; (e) item 12.3; and (f) item 14.8. (3) Any operational environmental management plan approved under sub-paragraph (1) must be implemented and maintained throughout the operation of the relevant part of Work No. 1 to which the plan relates. Skills and employment plan 15 (1) No part of Work No. 1 may commence until a skills and employment plan has been submitted to and approved by the relevant planning authority in writing. (2) The skills and employment plan must be substantially in accordance with the outline skills and employment plan. (3) The skills and employment plan must be implemented as approved and maintained throughout the operation of the relevant part of the authorised development to which the plan relates. Jetty works environmental design scheme 16 (1) Work No. 4 must not commence until a jetty works environmental design scheme has been to submitted to and approved by the relevant planning authority in writing, in consultation with the Environment Agency and the PLA. (2) The jetty works environmental design scheme to be submitted under sub-paragraph (1) shall include a statement to confirm how the advice and recommendations of an independent design review process has been taken into account in the details that have been submitted. (3) In approving a jetty works environmental design scheme submitted under sub-paragraph (1)— (a) if a submitted jetty works environmental design scheme proposes not to remove the Belvedere Power Station jetty, the relevant planning authority must not require the undertaker to remove it; or (b) if a submitted jetty works environmental design scheme proposes to remove the Belvedere Power Station jetty, the relevant planning authority must not require the undertaker to retain it. (4) The relevant planning authority must not refuse an application for approval of a jetty works environmental design because it disagrees with the undertaker’s choice as to whether or not to remove the Belvedere Power Station jetty. (5) The undertaker must carry out and maintain Work No. 4 in accordance with the approved jetty works environmental design scheme. River wall 17 (1) Subject to sub-paragraph (4), no part of Work No. 4 may commence until a river wall condition survey on those parts of the river wall within the order limits has been submitted to and approved by the Environment Agency in writing, in consultation with the relevant planning authority. (2) The river wall condition survey submitted pursuant to sub-paragraph (1) must, where appropriate, identify any remedial works required to bring the tidal flood defence up to a good standard considering a design life of 100 years. (3) The remedial works required to bring the defence up to a good standard identified pursuant to sub-paragraph (2) must be carried out within two years of the date that the condition survey is approved under sub-paragraph (1), or such other time period as is agreed by the Environment Agency. (4) No river wall condition survey is required to be undertaken under sub-paragraph (1) to the extent that any parts of the river wall have already been assessed as part of any survey undertaken pursuant to requirement 20 (river wall) in Schedule 2 (requirements) to the REP Order. Flood risk mitigation 18 (1) The authorised development must be carried out and operated in accordance with paragraphs 8.3.20 to 8.3.33 and 8.6.9 of the flood risk assessment. (2) No later than 45 years following the date of final commissioning, the undertaker must notify the relevant planning authority and the Environment Agency whether it anticipates that the operation of Work No. 1 will continue past the 50th anniversary of the date of final commissioning. (3) If a notification under sub-paragraph (2) indicates that the undertaker anticipates that the operation of Work No. 1 will continue past the 50th anniversary date of final commissioning, it must, unless otherwise agreed by the Environment Agency, submit for written approval to the Environment Agency— (a) an updated flood risk assessment of the flood risk arising from the continued operation of Work No. 1 past the 50th anniversary of the date of final commissioning; (b) the details of any mitigation or compensation measures that the flood risk assessment under sub-paragraph (a) suggests are necessary; (c) the implementation timetable (including identifying the need for (but not requiring a specific programme for the obtaining of) any consents) for any measures identified under sub-paragraph (b); and (d) retention proposals for any measures identified under sub-paragraph (b). (4) The undertaker must share the details approved by the Environment Agency under sub-paragraph (3) with the relevant planning authority within 5 days of such approval being given. (5) The undertaker must implement the measures approved under sub-paragraph (3)(b) in accordance with the implementation timetable approved under sub-paragraph (3)(c) no later than the 50th anniversary of the date of final commissioning of Work No. 1 or such other time period as is agreed with the Environment Agency and must retain them for the lifetime of Work No. 1 in accordance with the retention proposals approved under sub-paragraph (3)(d). (6) The undertaker must not continue operation of Work No. 1 beyond the 50th anniversary of the date of final commissioning unless the Environment Agency has given its approval under sub-paragraph (3) and the undertaker has complied with sub-paragraph (4), unless otherwise agreed in writing by the Environment Agency. Navigation risk assessment 19 (1) Prior to commencement of construction of Work No. 4, the undertaker must update the preliminary navigation risk assessment to take account of the detailed design and construction methodology of Work No. 4 and submit the updated navigation risk assessment to the PLA for its written approval, which must not be unreasonably withheld or delayed. (2) The construction and operation of the authorised development must be carried out in accordance with the updated navigation risk assessment approved under sub-paragraph (1). Control of noise during operation 20 (1) Prior to commissioning of any part of Work No. 1, a written noise mitigation plan must be submitted to and approved by the relevant planning authority in writing which demonstrates how the maximum permitted limit set out in columns (2) and (3) of the below table will be achieved at the locations set out in column (1) of the below table, during operation of Work No. 1. (1) Location | (2) Day-time Operational Noise Limit LAr, Tr dB | (3) Night-time Operational Noise Limit LAr, Tr dB Clydesdale Way | 54 | 49 Travelodge London Belvedere Hotel | 54 | 49 (2) The undertaker must operate the authorised development in accordance with the approved noise mitigation plan, except— (a) in the case of an emergency (as defined in the noise mitigation plan); or (b) with the prior approval of the relevant planning authority. (3) Where the level of noise at a monitoring location exceeds the maximum permitted level specified for that location in sub-paragraph (1) because of an emergency— (a) the undertaker must, as soon as possible and in any event within two business days of the beginning of the emergency, submit to the relevant planning authority a statement detailing— (i) the nature of the emergency; (ii) why it is necessary for the level of noise to have exceeded the maximum permitted level; and (b) if the undertaker expects the emergency to last for more than 24 hours, it must inform local residents and businesses affected by the level of noise at that location of— (i) the reasons for the emergency; and (ii) how long it expects the emergency to last. Ground conditions investigations and assessments strategy 21 (1) No part of the authorised development may commence until a ground conditions investigations and assessments strategy for that part has been submitted to and approved by the relevant planning authority in writing, in consultation with the Environment Agency, the WRWA, and where the ground conditions investigations and assessments strategy submitted covers investigations and assessments to be carried out in the river Thames, the PLA. Such a strategy shall include a specific remediation strategy, if necessary. (2) Each part of the authorised development must be carried out in accordance with the approved ground conditions investigations and assessments strategy for that part. (3) For the purposes of this paragraph, “commence” includes investigations for the purpose of assessing ground conditions (including the making of trial boreholes) and archaeological surveys and investigations. Archaeological mitigation strategy 22 (1) No part of the authorised development may commence until an archaeological mitigation strategy, including any required written scheme of archaeological investigation (or multiple written schemes of archaeological investigation) for that part has been submitted to and approved by the relevant planning authority in writing, in consultation with the PLA and the MMO. (2) Any archaeological mitigation strategy submitted under sub-paragraph (1), to the extent that it is applicable to that part of the authorised development, must include the following— (a) details of any proposed archaeological surveys of the river bed and foreshore, intertidal environment and marine environment; (b) details of any updated geoarchaeological deposit model; (c) should the authorised development include proposals to alter or demolish, in full or in part, the Belvedere Power Station jetty, details of the building recording of the belvedere power station jetty; and (d) proposals for how any further mitigation required as a result of the survey work undertaken will be taken forward in a written scheme of investigation or multiple written schemes of investigation. (3) No demolition or modification of the Belvedere Power Station jetty shall take place— (a) until a descriptive record specified and carried out to Level 2 as specified in Historic England guidance: Understanding Historic Buildings: A Guide to Good Recording Practice has been undertaken in accordance with that guidance and written confirmation provided to the relevant planning authority that is has been completed; and (b) unless within six months of the date of commencement of the demolition or alteration that completed record has been deposited with the Greater London Historic Environment Record and the Archaeology Data Service, and written confirmation of the deposit has been provided to the relevant planning authority. (4) For the purposes of this paragraph, “commence” includes archaeological surveys and investigations. Decommissioning environmental management plan 23 (1) Within 12 months of the date that the undertaker decides to decommission any part of the authorised development, the undertaker must submit to the relevant planning authority for its written approval, after consultation with the Environment Agency and if the decommissioning environmental management plan to be submitted relates to decommissioning works within the river Thames, the PLA and the MMO, a decommissioning environmental management plan for that part. (2) Decommissioning works must not be carried out until the relevant planning authority has approved the plan submitted under sub-paragraph (1) in relation to such works. (3) The plan submitted and approved must— (a) include details of— (i) the buildings to be demolished; (ii) the means of removal of the materials resulting from the decommissioning works; (iii) the phasing of the demolition and removal works; (iv) any restoration works (including the proposed finished levels of the land following those works and any proposals for the restoration of habitats and watercourses lost as a result of the construction of the authorised development) to restore the land within the limits of deviation of Work No. 1 to a condition (including ecological outcomes which must include that the land could be designated as a non-statutory site of importance for nature conservation and local nature reserve, or equivalent designations as exists at the time of decommissioning) agreed with the relevant planning authority; (v) the phasing of any restoration works; and (vi) a timetable for the implementation of the plan; and (b) be accompanied by, or include, a site waste management plan which demonstrates how the waste hierarchy will be followed in respect of the decommissioning works. (4) The plan must be implemented as approved for the duration of the decommissioning of the authorised development. (5) The date that the undertaker decides to decommission any part of the authorised development must be notified to the relevant planning authority no later than one month following that decision being made. Decommissioning traffic management plan 24 (1) Within 12 months of the date that the undertaker decides to decommission any part of the authorised development, the undertaker must submit to the relevant planning authority for its written approval, after consultation with the relevant highway authority and National Highways, a decommissioning traffic management plan for that part. (2) No decommissioning works must be carried out until the relevant planning authority has approved the plan submitted under sub-paragraph (1) in relation to such works. (3) The plan submitted and approved must include details of— (a) route diversions; and (b) routing of abnormal loads and HGVs. (4) The plan must be implemented as approved for the duration of the decommissioning of the authorised development. (5) The date that the undertaker decides to decommission any part of the authorised development must be notified to the relevant planning authority no later than one month following that decision being made. Heat Strategy 25 (1) No part of the authorised development may be commenced until the undertaker has submitted a heat strategy to the relevant planning authority for its written approval. (2) The heat strategy submitted under sub-paragraph (1) must— (a) provide an explanation of how the heat to be produced as a result of the authorised development, Riverside 1 and Riverside 2 could be captured and exported off-site; (b) set out the appropriate infrastructure that could be brought forward within the Order limits to enable the capture and export of heat from the site; (c) identify potential connection points for export of heat produced as a result of the authorised development, Riverside 1 and Riverside 2; and (d) provide an update on discussions with potential heat network providers. (3) The heat strategy submitted, and the relevant planning authority approval under sub-paragraph (1) must not require the undertaker to repeat actions already undertaken pursuant to— (a) requirement 24 (combined heat and power) of the REP Order; (b) any document produced pursuant to requirement 24 of the REP Order; (c) condition 31 of planning permission 16/02167/FUL relating to Riverside 1 issued by the London Borough of Bexley; (d) condition 31 of the consent issued under section 36C of the Electricity Act 1989 in respect of Riverside 1 dated 17 December 2021; (e) any condition of planning permission 22/00728/FUL issued by the London Borough of Bexley; and (f) any document produced pursuant to the requirements and conditions referred to in sub-paragraphs (a) to (e). (4) The heat strategy must be implemented as approved and such implementation does not constitute a breach of the documents, conditions and requirements referred to in sub-paragraphs (3)(a) to (3)(f).

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SCHEDULE 3 LEGISLATION TO BE DISAPPLIED

Article 7 1 The following provisions do not apply in so far 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) Dagenham (Thames) Dock Act 1855; (b) Dagenham (Thames) Dock Act 1866; (c) Metropolis Management (Thames River Prevention of Floods) Amendment Act 1879; (d) Thames Deep Water Dock Act 1881; (e) Thames Deep Water Dock Act 1891; (f) Thames Deep Water Dock Act 1901; (g) London County Council (General Powers) Act 1957; (h) London County Council (General Powers) Act 1961; (i) London County Council (General Powers) Act 1962; (j) General London Council (General Powers) Act 1970; (k) Thames Barrier and Flood Prevention Act 1972; (l) General London Council (General Powers) Act 1986; (m) Thames Water Authority Land Drainage Byelaws 1981; and (n) Section 6 of the London Local Authorities and Transport for London Act 2013.

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SCHEDULE 4 STREETS SUBJECT TO STREET WORKS

Article 13 Interpretation 1 In this Schedule— “utility works” means works to install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain underground electrical cables, earthing cable, optical fibre cable, data cable, telecommunications cable, flue gas pipework, condensate pipework, water supply pipework, foul water pipework, drains, sewers, heat pipes, LCO₂ pipework, and other apparatus and services, and associated works including bays, ducts, protection and safety measures and equipment, and other apparatus and structures. (1) Area | (2) Streets subject to street works | (3) Description of the street works London Borough of Bexley | Norman Road | Utility works beneath the width of the highway shown by a blue and black dashed line on the access and rights of way plan, from point E to point L. London Borough of Bexley | Norman Road | Utility works beneath the width of the highway shown by a blue and black dashed line on the access and rights of way plan, from point L to point O. London Borough of Bexley | Norman Road | Utility works beneath the width of the highway shown by a blue and black dashed line on the access and rights of way plan, from point L to point P. London Borough of Bexley | A2016 Picardy Manorway | Utility works beneath the width of the highway shown by a blue and black dashed line on the access and rights of way plan, from point O to point N. London Borough of Bexley | A2016 Picardy Manorway | Utility works beneath the width of the highway shown by a blue and black dashed line on the access and rights of way plan, from point P to point Q.

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SCHEDULE 5 STREETS SUBJECT TO PERMANENT OR TEMPORARY ALTERATION OF LAYOUT

Articles 14 PART 1 PERMANENT OR TEMPORARY ALTERATION OF LAYOUT (1) Area | (2) Street subject to alteration of layout | (3) Description of alteration London Borough of Bexley | Norman Road | Works for the provision of one or multiple means of access to the authorised development at any location on the street between points E to K shown on the access and rights of way plan. PART 2 PERMANENT OR TEMPORARY ALTERATION OF LAYOUT (1) Area | (2) Street subject to alteration of layout | (3) Description of alteration London Borough of Bexley | Norman Road | Works for the provision of one or multiple means of access to the authorised development at any location on the street between points K to O shown on the access and rights of way plan.

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SCHEDULE 6 PERMANENT STOPPING UP OF STREET AND PRIVATE MEANS OF ACCESS AND PROVISION OF NEW STREET AND PRIVATE MEANS OF ACCESS

Article 15 PART 1 STREET TO BE PERMANENTLY STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED (1) Area | (2) Street to be stopped up | (3) Extent of stopping up | (4) New street to be substituted London Borough of Bexley | Thames Water Access Road | The street shown by a blue and black line on the access and rights of way plan, from point H to point I. | To be substituted by a length of street to be provided to commence at point H and terminate at a junction with Norman Road at any location between points G and J on the access and rights of way plan. PART 2 PRIVATE MEANS OF ACCESS TO BE PERMANENTLY STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED (1) Area | (2) Street to be stopped up | (3) Extent of stopping up | (4) New private means of access to be substituted London Borough of Bexley | Thames Water Access Road | The private means of access from Norman Road shown at point I on the access and rights of way plan. | To be substituted by a new private means of access to be provided at a location on Norman Road between points G and J on the access and rights of way plan.

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SCHEDULE 7 TEMPORARY ALTERATION, PROHIBITION, DIVERSION OR RESTRICTION OF THE USE OF STREETS AND PUBLIC RIGHTS OF WAY AND AUTHORISING VEHICULAR USE ON PUBLIC RIGHTS OF WAY

Article 16 PART 1 TEMPORARY ALTERATION, PROHIBITION, DIVERSION OR RESTRICTION OF THE USE OF STREETS AND PUBLIC RIGHTS OF WAY (1) Area | (2) Street or public right of way subject to temporary prohibition or restriction of use | (3) Extent of temporary alteration, prohibition, diversion or restriction of use of streets London Borough of Bexley | Footpath 2 | Public right of way to be temporarily altered, restricted, diverted or use prohibited between the points marked R and H and between the points H and L on the access and rights of way plan shown with a purple dashed line. London Borough of Bexley | Footpath 3 | Public right of way to be temporarily altered, restricted, diverted or use prohibited between the points marked A and T on the access and rights of way plan shown with an orange dashed line. London Borough of Bexley | Footpath 4 | Public right of way to be temporarily altered, restricted, diverted or use prohibited between the points marked C and F on the access and rights of way plan shown with a green dashed line. London Borough of Bexley | Thames Water Access Road | Street to be temporarily altered, restricted, diverted or use prohibited between the points marked H and I on the access and rights of way plan shown with a blue and black dashed line. PART 2 AUTHORISING TEMPORARY USE OF VEHICULAR USE ON PUBLIC RIGHTS OF WAY (1) Area | (2) Public right of way | (3) Measures London Borough of Bexley | Footpath 1 | Motor vehicles authorised by the undertaker may pass along, or cross, the length of the public right of way between the points marked M and S on the access and rights of way plan shown with a yellow dashed line London Borough of Bexley | Footpath 2 | Motor vehicles authorised by the undertaker may pass along, or cross, the length of the public right of way between the points marked R and H, between the points H and L and between the points marked R and S on the access and rights of way plan shown with a purple dashed line. London Borough of Bexley | Footpath 3 | Motor vehicles authorised by the undertaker may pass along, or cross, the length of the public right of way between the points marked A and T on the access and rights of way plan shown with an orange dashed line. London Borough of Bexley | Footpath 4 | Motor vehicles authorised by the undertaker may pass along, or cross, the length of the public right of way between the points marked C and F on the access and rights of way plan shown with a green dashed line.

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SCHEDULE 8 LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED

Article 30 Interpretation 1 In this Schedule— “access rights” means, rights over land to, for the purposes of the authorised development, and in connection with the authorised development— alter, improve, form, maintain, retain, use (with or without vehicles, plant and machinery) and remove means of access to the authorised development including visibility splays and to remove and traverse impediments to such access; remain, pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface or form a temporary compound) for all purposes in connection with the authorised development; and 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. “connection rights” means, right over land to, for the purposes of the authorised development, and in connection with the authorised development— install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain electrical cables, earthing cable, optical fibre cable, data cable, telecommunications cable, flue gas pipework, condensate pipework, water supply pipework, foul water pipework, drains, sewers, heat pipes, LCO₂ pipework, and other apparatus and services, and associated works including bays, ducts, protection and safety measures and equipment, and other apparatus and structures; connect the services, apparatus, equipment, buildings and structures set out in sub-paragraph (a) to existing services, apparatus, equipment, buildings and structures; modify existing buildings structures; remain, pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface or form a temporary compound) for all purposes in connection with the authorised development; and 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; and “LCO₂ pipework rights” means, right over land to, for the purposes of the authorised development, and in connection with the authorised development— install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain LCO₂ pipework and associated works including supports, protection and safety measures and other apparatus and structures; remain, pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface or form a temporary compound) for all purposes in connection with the authorised development; and 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. “maintenance access rights” means, rights over land to, for the purposes of the authorised development, and in connection with the authorised development, pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface) and 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; “maintenance rights” means, rights over land to, for the purposes of the authorised development, and in connection with the authorised development, undertake construction, maintenance and decommissioning activities for Work No. 4, including laydown areas, compounds and welfare facilities and 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; “utilities rights” means - rights over land to, for the purposes of the authorised development, and in connection with the authorised development— install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain underground electrical cables, earthing cable, optical fibre cable, data cable, telecommunications cable, flue gas pipework, condensate pipework, water supply pipework, foul water pipework, drains, sewers, heat pipes, LCO₂ pipework, and other apparatus and services, and associated works including bays, ducts, protection and safety measures and equipment, and other apparatus and structures; remain, pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface or form a temporary compound) for all purposes in connection with the authorised development; and 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. (1) Number of plot shown on the Land Plans | (2) Purposes for which rights over land may be acquired and restrictive covenants imposed 1-002, 1-005, 1-007, 1-008, 1-023, 1-024, 1-030, 1-034, 1-040, 1-043, 1-048 | Utilities rights and access rights 1-028 | Maintenance access rights 1-028a | Utilities rights and maintenance access rights 1-051, 1-052, 1-055, 1-056, 1-058, 1-062, 1-074, 1-086, 1-087 | Connection rights and LCO₂ pipework rights 1-053 | Maintenance access rights 1-054 | Connection rights 1-054b | Access rights 1-059,1-060, 01-061, 1-063, 1-064, 1-065, 1-066, 1-067, 1-068, 1-069, 1-070, 1-071, 1-073, 1-075, 1-076, 1-077, 1-078, 1-079, 1-080, 1-081, 1-082, 1-084, 1-085, 1-088, 1-091 | Connection rights 1-083 | Maintenance access rights and maintenance rights 1-089 | LCO₂ pipework rights

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SCHEDULE 9 MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF NEW RESTRICTIVE COVENANTS

Article 30 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 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 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 “land is acquired or taken from” substitute “a right or restrictive covenant over land is purchased from or imposed on”; and (b) for “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 Land Compensation Act 1961 has effect subject to the modification set out in paragraph 2(2). (2) For section 5A (relevant valuation date) of the 1961 Act, after “if” substitute— (a) the acquiring authority enters on land for the purpose of exercising a right in pursuance of a notice of entry under section 11(1) (powers of entry) of the 1965 Act (as modified by paragraph 5(5) of Schedule 9 (modification of compensation and compulsory purchase enactments for creation of new rights and imposition of new restrictive covenants) to the Cory Decarbonisation Project Order 2025); (b) the acquiring authority is subsequently required by a determination under paragraph 12 of Schedule 2A (counter–notice requiring purchase of land not in notice to treat) to the 1965 Act (as substituted by paragraph 5(8) of Schedule 9 (modification of compensation and compulsory purchase enactments for creation of new rights and imposition of new restrictive covenants) to the Cory Decarbonisation Project Order 2025) to acquire an interest in the land; and (c) the acquiring authority enters on and takes possession of that land, 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 (and modified by article 35 (modification of Part 1 of the 1965 Act) to the acquisition of land under article 28 (compulsory acquisition of land), applies to the compulsory acquisition of a right by the creation of a new right under article 30 (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 (measure of compensation in case of severance) of the 1965 Act 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 (powers of entry) of the 1965 Act is modified to secure that, where the acquiring authority has served notice to treat in respect of any right or restriction, as well as the notice of entry required by subsection (1) of that section (as it applied to compulsory acquisition under article 28 (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; and sections 11A (powers of entry: further notices of entry), 11B (counter-notice requiring possession to be taken on specified date), 12 (penalty for unauthorised entry) and 13 (entry on warrant in the event of obstruction) of the 1965 Act are modified correspondingly. (6) Section 20 (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 the enforcement of the restrictive covenant in question. (7) Section 22 (interests omitted from purchase) of the 1965 Act as modified by article 35(3) (modification of Part 1 of the 1965 Act) is also 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 enforce the restriction imposed, subject to compliance with that section as respects compensation. (8) For Schedule 2A (counter–notice requiring purchase of land not in notice to treat) to the 1965 Act substitute— SCHEDULE2A COUNTER-NOTICE REQUIRING PURCHASE OF LAND Introduction 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 (execution of declaration) of the 1981 Act as applied by article 34 (application of the 1981 Act) of the Cory Decarbonisation Project Order 2025 in respect of the land to which the notice to treat relates. (2) But see article 31 (acquisition of subsoil or airspace only) of the Cory Decarbonisation Project Order 2025 which excludes the acquisition of subsoil or airspace 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 twenty-eight 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. 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 Upper Tribunal 10. On a referral under paragraph 2, 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 5, 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 caused 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 10 LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

Articles 37 (1) Plot reference number shown on the land plans | (2) Purpose for which temporary possession may be taken 1-024a, 1-027, 1-072 | Temporary use of land to undertake protective works if required as a result of the impacts of the authorised development 1-072a, 1-092, 1-094, 1-097, 1-098, 1-100b, 1-100c | Temporary use of land to undertake Work No. 4 and Work No. 6C 1-095, 1-104, 01-117, 1-119, 1-120, 02-006 | Temporary use of land to undertake Work No. 4 including temporary moorings. 1-102, 1-108, 1-109, 1-112, 1-114, 01-115, 1-117a, 2-001, 2-002 | Temporary use of land to undertake Work No. 4A 1-116, 1-121, 2-003, 2-005 | Temporary use of land to provide working space to undertake Work No. 4

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SCHEDULE 11 DEEMED MARINE LICENCE

Article 42 PART 1 GENERAL 1 In this licence— “the 2008 Act” means the Planning Act 2008; “the 2009 Act” means the Marine and Coastal Access Act 2009; “the authorised development” has the meaning given in paragraph 3(2); “business day” means a day other than a Saturday or Sunday, Good Friday, Christmas Day or a bank holiday in England and Wales under section 1 of the Banking and Financial Dealings Act 1971; “commence” means beginning to carry out any part of a licensed activity and “commenced” and “commencement” are to be construed accordingly; “construction licensed activity” means any licensed activity which does not constitute maintenance activities or maintenance dredging; “condition” means a condition in Part 2 and Part 3 of this licence and references in this licence to numbered conditions are to the conditions with those numbers in Part 2; “code of construction practice” means the document of that description approved under requirement 7 (code of construction practice) of the Order; “environmental statement” means the document of that description in Schedule 13 (documents and plans to be certified) to the Order, certified by the Secretary of State as the environmental statement for the purposes of the Order; “licensable area” means the grid coordinates within the UK Marine Area within which the undertaker may carry out a licensed activity, as set out in paragraph 3(3) of Part 1 of this Schedule and as shown on the works plans; “licensed activity” means any of the activities specified in Part 1 of this licence; “limits of deviation” has the same meaning as in the Order; “maintenance activities” means activities carried out by the undertaker pursuant to article 5 (maintenance of authorised development) of the Order; “maintenance dredging” means dredging carried out by the undertaker after the final construction licensed activity; “the MMO” means the Marine Management Organisation; “the Order” means the Cory Decarbonisation Project Order 2025; “percussive piling” means piling by sinking or driving a pile by direct or indirect hammering or other percussive means, including piling by the use of a drop hammer, diesel hammer, double acting hammer, single acting hammer internal drop hammer, pneumatic hammer, steam hammer or other percussive device, other than a device that is portable and designed for operation while held by hand without any other form of support; “the River” means so much of the river Thames and the Thames estuary, as is within the UK marine area; “seabed” means the ground under the sea; “the undertaker” means Cory Environmental Holdings Limited (company number 05360864) and any transferee pursuant to article 10 (consent to transfer benefit of the Order) of the Order; “vessel” means every description of vessel, however propelled or moved, and includes a non-displacement craft, a personal watercraft, a seaplane on the surface of the water, a hydrofoil vessel, a hovercraft of any other amphibious vehicle and any other thing constructed or adapted for movement through, in, or on or over water and which is at the time in, on or over water; and “the works plans” has the same meaning as in the Order. Contacts 2 (1) Except where otherwise indicated, the main points of contact with the MMO and the addresses for email and postal returns and correspondence are as follows— (a) Marine Management Organisation, Marine Licensing Team, Lancaster House, Hampshire Court, Newcastle upon Tyne, NE4 7YH; Tel – 0300 123 1032; Fax – 0191 376 2681; Email – marine.consents@marinemanagement.org.uk; and (b) Marine Management Organisation, Muriel Matters House, Breeds Place, Hastings, Kent TN34 2EZ; Tel – 0208 026 9180; Email – hastings@marinemanagement.org.uk. (2) The contact details for the MMO Marine Pollution Response Team are— Tel (during office hours) – 0300 200 2024; Tel (outside office hours) – 07770 977 825 or 0345 051 8486; Email – dispersants@marinemanagement.org.uk, or such replacement contact details notified to the undertaker in writing by the MMO. (3) Except where otherwise indicated or otherwise agreed in writing by the MMO, all applications or notifications required under this licence must be sent by the undertaker to the MMO using the MMO’s marine case management system. Details of such licensed marine activities 3 (1) Subject to the licence conditions in Part 2, this licence authorises the undertaker (and any agent, contractor or subcontractor acting on their behalf) to carry out any licensable marine activities under section 66(1) (licensable marine activities) of the 2009 Act within the licensable area which— (a) form part of, or are related to, the authorised development, including works required pursuant to documents certified under Schedule 13 (documents and plans to be certified) or approved under Schedule 2; and (b) are not exempt from requiring a marine licence by virtue of any provision made under section 74 (exemptions specified by order) of the 2009 Act. (2) In this paragraph “the authorised development” means— (a) Work No. 4 of the Order; (b) works within the River to— (i) alter, clean, modify, dismantle, refurbish, reconstruct, remove, relocate or replace any work or structure (including river walls); (ii) carry out excavations and clearance, deepening, scouring, cleansing, dumping and pumping operations; (iii) use, appropriate, sell, deposit or otherwise dispose of any materials (including liquids but excluding any wreck within the meaning of the Merchant Shipping Act 1995(a)) obtained in carrying out any such operations; (iv) remove and relocate any vessel or structure sunk, stranded, abandoned, moored or left (whether lawfully or not); (v) remove, alter, strengthen, interfere with, occupy and use the banks, bed, foreshore, waters and walls of the river; (vi) construct, place and maintain works and structures including piled fenders, protection piles and cofferdams; and (vii) provide lighting, signage and aids to navigation; (c) maintenance activities within the River; (d) maintenance dredging within the River; and (e) any other element of the authorised development as defined by article 2 (interpretation) of the Order. (3) The coordinates for the licensable area for the purposes of this paragraph 3 are specified in the table below. ID number as shown on the works plans | Northing | Easting P1 | 180739 | 549856 P2 | 180754 | 549737 P3 | 180837 | 549835 P4 | 180985 | 549804 P5 | 181045 | 549833 P6 | 180974 | 550085 P7 | 180877 | 550350 P8 | 180775 | 550324 P9 | 180734 | 550243 P10 | 180720 | 550057 PART 2 CONDITIONS APPLYING TO LICENSABLE ACTIVITIES Notifications regarding licensed activities 4 (1) The undertaker must inform the MMO in writing— (a) at least 5 business days prior to the commencement of the first construction licensed activity; (b) within 5 business days following the completion of the final construction licensed activity, of the completion; (c) at least 5 business days prior to the commencement of a maintenance activity or maintenance dredging; and (d) within 5 business days following the completion of the maintenance activity or maintenance dredging. 5 (1) The undertaker must provide the following information to the MMO— (a) the name and function of any agent or contractor appointed to engage in any licensed activity within seven days of appointment; and (b) details of any vessel being used to carry on any licensed activity listed on behalf of the undertaker, together with details of the vessel owner or operating company not less than 24 hours before the commencement of the licensed activity in question. (2) Any changes to details supplied under sub-paragraph (1) must be notified to the MMO in writing prior to the agent, contractor or vessel engaging in the licensed activity in question. (3) Only those persons notified to the MMO in accordance with this condition are permitted to carry out a licensed activity. 6 The undertaker must ensure that a copy of this licence has been read and understood by any agents and contractors that will be carrying out any licensed activity on behalf of the undertaker, together with any masters or transport managers responsible for the vessels that will be carrying out any licensed activity on behalf of the undertaker. 7 Copies of this licence must be available for inspection at the following locations— (a) the undertaker’s registered office; and (b) during the construction of the authorised development only, at any site office which is adjacent to or near the River and which has been provided for the purposes of the construction of the authorised development. 8 The masters or transport managers responsible for the vessels that will be carrying out any licensed activity on behalf of the undertaker as notified to the MMO under condition 5 must make a copy of this licence available for inspection on board such vessels during the carrying out of any licensed activity. Code of construction practice 9 All construction licensed activities must be carried out in accordance with the code of construction practice approved under requirement 7 (code of construction practice) of Schedule 2 of the Order where applicable. Method statement 10 (1) Following consultation with the Environment Agency, and in respect of maintenance dredging only, the Port London Authority, the undertaker must submit a method statement, together with a report on the consultation carried out, for approval by the MMO, at least 6 weeks prior to the commencement of any licensed activity. (2) The method statement must include the following details— (a) the detailed methodology to be employed by the undertaker in carrying out the licensed activity; (b) a programme of works including timings and durations, method of delivery of material to site and plant to be used during the works; and (c) for construction licensed activities only, if relevant, the results of further sediment sampling undertaken in accordance with a sampling plan approved under condition 11. (3) The undertaker must not commence the licensed activity until the MMO has approved in writing the submitted method statement. (4) The licensed activity must be carried out in accordance with the approved method statement, unless otherwise agreed in writing by the MMO. Sediment sampling 11 (1) If the undertaker considers that sediment sampling is required to demonstrate the appropriateness of a methodology to be included in a method statement relating to construction licensed activities or maintenance dredging submitted to the MMO for approval under condition 10, prior to submitting that construction method statement to the MMO, the undertaker must submit a sediment sampling plan for approval by the MMO. (2) Any sediment sampling required under sub-paragraph (1) must be carried out in accordance with the approved sediment sampling plan, unless otherwise agreed in writing by the MMO. Marine Noise Registry 12 (1) Only when impact driven or part-driven pile foundations or detonation of explosives are proposed to be used as part of the foundation installation, the undertaker must provide the following information to the Marine Noise Registry (MNR)— (a) prior to the commencement of the licensed activities, information on the expected location, start and end dates of impact pile driving/detonation of explosives to satisfy the Marine Noise Registry’s Forward Look requirements; and (b) within 12 weeks of completion of impact pile driving/detonation of explosives, information on the exact locations and specific dates of impact pile driving/detonation of explosives to satisfy the Marine Noise Registry’s Close Out requirements. (2) The undertaker must notify the MMO of the successful submission of Forward Look requirements. Piling 13 Where a licensed activity involves percussive piling the undertaker must commence piling activities using soft-start techniques for at least 20 minutes to ensure an incremental increase in pile power until full operational power is achieved. Should piling cease for at least 20 minutes the soft-start procedures must be repeated. Dredging 14 Water injection dredging which is a licensed activity must not be undertaken in the period 1st June to 30th August. Concrete and cement 15 (1) The undertaker must not discharge waste concrete slurry or wash water from concrete, or cement into the River. (2) The undertaker must site concrete and cement mixing and washing areas at least 10 metres away from the River and any surface water drain to minimise the risk of run off entering the River. Coatings and treatments 16 The undertaker must ensure that any coatings and any treatments are suitable for use in the River and are used in accordance with either guidelines approved by the Health and Safety Executive or the Environment Agency. Pollution and spills 17 The undertaker must— (a) store, handle, transport and use fuels, lubricants, chemicals and other substances so as to prevent the release of fuel, oils and chemicals associated with plan, refuelling and construction equipment into the marine environment, including bunding with a capacity of no less than 110% of the total volume of all reservoirs’ and containers’ storage capacity; (b) report any spill of oil, fuel or chemicals into the marine environment to the MMO Marine Pollution Response Team pursuant to paragraph 2(2) of this licence, as soon as reasonably practicable, but in any event within 12 hours of the spill being identified; and (c) store all waste in designated areas that are isolated from surface water drains and open water and are bunded. Post activities 18 (1) The undertaker must remove any temporary structures, waste and debris associated with the construction licensable activities or maintenance activities within six weeks following completion of the final construction licensable activity or maintenance activity as applicable. (2) Within five business days following the completion of the removal activities referred to in sub-paragraph (1), the undertaker must notify the MMO in writing that such activities have been completed. Disposal 19 The undertaker must inform the MMO of the location and quantities of material disposed of each month under this licence. This information must be submitted to the MMO by 15th February each year for the months August to January inclusive, and by 15th August each year for the months February to July inclusive. 20 The undertaker shall ensure that only inert material of natural origin, produced during dredging shall be disposed of within the disposal site TH070 South Falls (or any other disposal site approved in writing by the MMO), and that any other materials are screened out before disposal at this site. 21 The material to be disposed of within the disposal site referred to in condition 20 (or any other disposal site approved in writing by the MMO) must be placed evenly within the boundaries of that site. Agents, contractors and subcontractors 22 (1) The undertaker must notify the MMO in writing of any agents, contractors or subcontractors that will carry on any licensed activity under this licence on behalf of the undertaker. Such notification must be received by the MMO no less than 24 hours before the commencement of the licensed activity. (2) The undertaker must ensure that a copy of this licence and any subsequent revisions or amendments has been provided to, read and understood by any agents, contractors or subcontractors that will carry on any licensed activity. Dropped Objects 23 (1) The undertaker must report all dropped objects to the MMO using the Dropped Object Procedure Form as soon as reasonably practicable and in any event within 24 hours of becoming aware of an incident. (2) On receipt of the Dropped Object Procedure Form, the MMO may require, acting reasonably, the undertaker to carry out relevant surveys. The undertaker must carry out surveys in accordance with the MMO’s reasonable requirements and must report the results of such surveys to the MMO. (3) On receipt of such survey results the MMO may, acting reasonably, require the undertaker to remove specific obstructions from the seabed. The undertaker must carry out removals of the specific obstructions from the seabed in accordance with the MMO’s reasonable requirements and its own expense. Time periods 24 This licence remains in force until Work No. 4B of this Order is decommissioned. Variations of approvals of Part 2 Conditions 25 (1) With respect to any condition under Part 2 which requires a licensed activity to be carried out in accordance with any plans, protocols or statements approved under this licence, the approved details, plan or scheme are to be taken to include any amendments that may subsequently be approved in writing by the MMO. (2) Subsequent to the first approval of those plans, protocols or statements, any amendments will only be approved by the MMO if the undertaker has demonstrated to the reasonable satisfaction of the MMO that the subject matter of the relevant amendments do not give rise to any materially new or materially different environmental effects that are worse than those identified in the environmental statement. Marine written scheme of archaeological investigation 26 All licensed activities must be carried out in accordance with the archaeological mitigation strategy approved under requirement 22 (archaeological mitigation strategy) of Schedule 2 of the Order where applicable. PART 3 PROCEDURE FOR THE DISCHARGE OF CONDITIONS Meaning of “application” 27 In this Part, “application” means a submission by the undertaker for approval by the MMO of any method statement or plan under conditions 10 and 11. Further information regarding application 28 The MMO may request in writing such further information from the undertaker as is necessary to enable the MMO to consider the application. Determination of application 29 (1) In determining the application the MMO may have regard to— (a) the application and any supporting information or documentation; (b) any further information provided by the undertaker in accordance with condition 28; and (c) such other matters as the MMO thinks relevant. (2) Having considered the application the MMO must— (a) grant the application unconditionally; (b) grant the application subject to the conditions as the MMO thinks fit; or (c) refuse the application. (3) If the MMO is unable to determine the application in accordance with sub-paragraph (2), this shall not constitute a breach of this condition nor be an offence under the Marine and Coastal Access Act 2009. Notice of determination 30 (1) Subject to sub-paragraph (2) or (3), the MMO must give notice to the undertaker of the determination of the application as soon as reasonably practicable after the application is received by the MMO. (2) Where the MMO has made a request under condition 28, the MMO must give notice to the undertaker of the determination of the application as soon as reasonably practicable once the further information is received. (3) Where the MMO refuses the application the refusal notice must state the reasons for the refusal.

Propose a change

SCHEDULE 12 PROTECTIVE PROVISIONS

Article 45 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— in the case of an electricity undertaker, electric lines or electrical plant (as defined in the Electricity Act 1989, belonging to or maintained by that utility undertaker; 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; in the case of a water undertaker— mains, pipes or other apparatus belonging to or maintained by that utility undertaker for the purposes of water supply; and 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 (agreements to adopt water main or service pipe at future date) of the Water Industry Act 1991; in the case of a sewerage undertaker— any drain or works vested in the utility undertaker under the Water Industry Act 1991; and any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) (adoption of sewers and disposal works) of that Act or an agreement to adopt made under section 104 (agreements to adopt sewer, drain or sewage disposal works, at future date) of that Act, and includes a sludge main, disposal main (within the meaning of section 219 (general interpretation) 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 any other mains, pipelines or cables that are not the subject of the protective provisions in Parts 2 to 16 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— any licence holder within the meaning of Part 1 (electricity supply) of the Electricity Act 1989; a gas transporter within the meaning of Part 1 (gas supply) of the Gas Act 1986; water undertaker within the meaning of the Water Industry Act 1991; a sewerage undertaker within the meaning of Part 1 (preliminary) of the Water Industry Act 1991; and an owner or operator of apparatus within sub-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 16 (temporary prohibition or restriction of use of streets, private means of access and public rights of way and authorising vehicular use on 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 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 a utility undertaker reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to the utility undertaker 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 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 49 (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 49 (arbitration), 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 49 (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. (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 49 (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 (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— 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 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 39 (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 49 (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. PART 3 FOR THE PROTECTION OF THE ENVIRONMENT AGENCY Application 18 The following provisions apply for the protection of the Agency unless otherwise agreed in writing between the undertaker and the Agency. Interpretation 19 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 flood storage capacity; or any other land which is expected to provide flood storage capacity as a result of the authorised development pursuant to the details approved in compliance with requirement 18(1); or any land which provides flood storage 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— serious flooding; serious detrimental impact on drainage; 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, protocols for emergency access and descriptions; “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 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 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, including works required pursuant to documents certified under Schedule 13 or approved under Schedule 2, as is in, on, under, over or within— 16 metres of the base of a sea defence which is likely to— endanger the stability of, cause damage or reduce the effectiveness of that sea defence, or 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; 8 metres of the base of a remote defence which is likely to— endanger the stability of, cause damage or reduce the effectiveness of that remote defence, or interfere with the Agency’s access to or along that remote defence; 16 metres of a drainage work involving a tidal main river, 8 metres of a drainage work involving a non–tidal main river; any distance of a drainage work and is otherwise likely to— affect any drainage work or the volumetric rate of flow of water in or flowing to or from any drainage work; affect the flow, purity or quality of water in any main river or other surface waters; cause obstruction to the free passage of fish or damage to any fishery; affect the conservation, distribution or use of water resources; or affect the conservation value of the main river and habitats in its immediate vicinity; or which involves an activity to which paragraph 22(3) of this Part of this Schedule applies; and 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; and “Thames Flood Acts” means the Metropolis Management (Thames River Prevention of Floods) Amendment Act 1879 and Thames Barrier and Flood Prevention Act 1972 and amending legislation; “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 20 (1) Before the beginning to construct any specified work, the undertaker must submit to the Agency for approval 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. (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 32. (3) Any approval of the Agency required under this paragraph— (a) must not be unreasonably withheld or delayed; (b) is deemed to have been refused if it is neither given nor refused within two 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 will not be taken into account in the calculation of the two months for the purposes of this sub-paragraph (b); (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. Dredging 21 (1) Before carrying out 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, the undertaker must submit details of the activity to the Agency. (2) Within 14 days of receipt of the details submitted by the undertaker under sub-paragraph (1), the Agency must confirm whether the activity requires consent under paragraph 20. (3) This sub-paragraph applies in the event that, pursuant to sub-paragraph (2), the Agency confirms that the proposed activity requires consent under paragraph 20. Construction of protective works 22 Without limiting paragraph 20, 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 23 (1) Subject to sub-paragraph (2), any specified work, and all protective works required by the Agency under paragraph 22, 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 fourteen days’ notice in writing of its intention to begin construction of any specified work and notice in writing of its completion not later than seven 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. Works not in accordance with this Part of this Schedule 24 (1) Where the undertaker fails to obtain consent or comply with conditions imposed by the Agency in accordance with this Part of this Schedule and 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; (e) risk to the integrity or condition of any drainage work. (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 24(3) is served upon the undertaker except in an emergency when a shorter period can be given, 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 24(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 sub-paragraph 24(3). Maintenance of works 25 (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 their implementation, the Agency may do what is necessary for such compliance and any reasonable expenditure incurred by the Agency in so doing is recoverable from the undertaker. (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 32. (5) This paragraph does not apply to— (a) drainage works 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 of this Schedule provided that any obstruction is removed as soon as reasonably practicable if removal is required. Remediating impaired drainage work 26 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 27 (1) 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 as soon as reasonably practicable 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 in accordance with protocols for emergency access approved under paragraph 20. (2) For the purposes of paragraph (1), the Great Breach Pumping Station is considered to be equipment maintained for flood defence purposes. (3) Nothing in sub-paragraph (1) prevents the Agency from utilising its statutory powers. Free passage of fish 28 (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 reasonable for the purpose, and may recover from the undertaker any expenditure incurred in so doing provided that notice specifying those steps is served on the undertaker as soon as reasonably practicable after the Agency has taken, or commenced to take, the steps specified in the notice. The Thames Flood Acts works 29 Nothing in Article 7 prevents the Agency serving a notice on the undertaker under the Thames Flood Acts requiring works to, or financial contributions towards, raising the crest levels of flood defences or reinforcement to flood defences to improve the standard of flood protection and the undertaker being required to comply with any such notice pursuant to the Thames Flood Acts. Costs and indemnity 30 The undertaker indemnifies the Agency in respect of all costs, charges and expenses which the Agency may reasonably 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. 31 (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— expenses and charges; staff costs and overheads; and legal costs; “losses” includes physical damage; “claims” and “demands” include as applicable— costs (within the meaning of this sub-paragraph (2) incurred in connection with any claim or demand; and any interest element of sums claimed or demanded; and “liabilities” includes— contractual liabilities; tortious liabilities (including liabilities for negligence or nuisance); liabilities to pay statutory compensation or for breach of statutory duty; and 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 award of an arbitrator, must not relieve the undertaker from any liability under the provisions of this Part of this Schedule. (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 32 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 49 (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 the department of 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 4 FOR THE PROTECTION OF THAMES WATER UTILITIES LIMITED Application 33 The provisions of this Part of the Schedule, unless otherwise agreed in writing between the undertaker and TWUL, have effect. Interpretation 34 In this Part of this Schedule— “access road” means the existing access road connecting Norman Road to the existing Crossness Sewage Treatment Works; “alternative apparatus” means alternative apparatus adequate to enable TWUL to fulfil its statutory functions in a manner no less efficient and effective than previously; “apparatus” means— any drain, disposal works or sewer vested in TWUL under the Water Industry Act 1991; and any sewer, drain or disposal works which are the subject of a notice of intention to adopt given under section 102(4) (adoption of sewers and disposal of works) of the Water Industry Act 1991 or an agreement to adopt made under section 104 (agreements to adopt sewer, drain or sewage disposal works, at a future date) of that Act, and includes a sludge main, disposal main (within the meaning of section 219 (general interpretation) of the Water Industry Act 1991) or sewer outfall and any manholes, ventilating shafts, pumps, inspection chambers or other accessories (as defined in section 219 (general interpretation) of the Water Industry Act 1991) 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; “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; “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 35 This Part of this Schedule does not apply to apparatus in respect of which the relations between the undertaker and TWUL are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act. Apparatus in stopped up streets and public rights of way 36 (1) Except where paragraph 40 applies, where any street is stopped up under article 15 (permanent stopping up of specified street and private means of access) or any public right of way is stopped up under article 17 (permanent closure and diversion of, and creation of new public rights of way and authorising vehicular use on public rights of way), TWUL has the same powers and rights in respect of any apparatus in the land in which the street or public right of way subsists as it enjoyed immediately before the stopping up and the undertaker must grant to TWUL legal easements reasonably satisfactory to TWUL in respect of such apparatus and access to it, but nothing in this paragraph affects any right of the undertaker or of TWUL to require the removal of that apparatus, or provision of alternative apparatus under paragraph 39 or the power of the undertaker to carry out works under paragraph 41. (2) Regardless of the temporary alteration, diversion or restriction of any street under the powers conferred by article 16 (temporary prohibition or restriction of use of streets, private means of access and public rights of way and authorising vehicular use on public rights of way), TWUL is at liberty at all times to take all necessary access across any such stopped up 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 stopping up or diversion was in that street, upon giving at least three weeks’ notice of such intended entry, unless in an emergency. Access Road 37 (1) The undertaker must not stop up in whole or in part the access road under article 15 (permanent stopping up of specified street and private means of access) or extinguish in whole or in part any right of TWUL along the access road unless and until— (a) the undertaker has submitted plans for Work No. 8 and its connection to Norman Road to TWUL and TWUL has approved them; (b) the undertaker has provided TWUL with a new right to use, keep, inspect, renew and maintain the new access road created under Work No. 8 that is reasonably convenient and on terms agreed by TWUL; and (c) TWUL’s agreement and approvals under sub-paragraphs (a) and (b) must not to be unreasonably withheld or delayed but may be given in accordance with such reasonable requirements as may be made by TWUL in respect of ensuring continued operational and emergency access to the existing Crossness Sewage Treatment Works from Norman Road. (2) The works in sub-paragraph (1)(a) must be executed only in accordance with the plans approved under that sub-paragraph. (3) Regardless of any provision in this Order or anything shown on the land plans, the undertaker must not acquire any interest in the access road ... otherwise than by agreement. Protective works to buildings 38 The undertaker, in the case of the powers conferred by article 23 (protective work to buildings), must exercise those powers so as not to obstruct or render less convenient the access to any apparatus. Acquisition of land or interests 39 Regardless of any provision in this Order or anything shown on the land plans, the undertaker must not acquire any apparatus of TWUL otherwise than by agreement. Removal of apparatus 40 (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 TWUL’s apparatus is removed, relocated or diverted, that apparatus must not be removed under this Part of this Schedule, and any right of TWUL 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 TWUL in accordance with sub-paragraphs 40(2) to(6). (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 TWUL 56 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 for approval by TWUL and in that case (or if in consequence of the exercise of any of the powers conferred by this Order TWUL reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to TWUL 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 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 TWUL must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use its reasonable endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed save that this obligation shall not extend to the requirement for TWUL to use its compulsory purchase powers to this end unless it elects (in its absolute discretion) to so do. (4) Any default of agreement or approval of TWUL under sub-paragraph (1) or (2) must be settled by arbitration in accordance with article 49 (arbitration). (5) TWUL must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 49 (arbitration), and after the grant to TWUL 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 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), and subject to sub-paragraph (7), if the undertaker gives notice in writing to TWUL that the undertaker desires itself to execute any work, or part of any work in connection with the construction or removal of apparatus in any land of the undertaker, and TWUL gives its consent in writing (which shall not be unreasonably withheld or delayed and shall be subject to the provisions of sub-paragraph (7)), that work, instead of being executed by TWUL, may be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of TWUL. (7) If by the end of the period of 56 days from the submission of the details relating to required removal works under sub-paragraph (1), the confirmation of the reasonable satisfaction of the construction and operation of alternative apparatus under sub-paragraph (2) or the carrying out of works pursuant to sub-paragraph (6) TWUL has not intimated their disapproval of those details and the grounds of such disapproval, the undertaker may give TWUL written notice requiring TWUL to intimate approval or disapproval within a further period of 28 days beginning with the date upon which TWUL receives written notice from the undertaker and if by the expiry of the further 28 days TWUL has not intimated approval or disapproval, TWUL shall be deemed to have approved the details as submitted provided that such notification has been made in accordance with paragraph 56 (notices and applications). (8) Any deemed approval under sub-paragraph (7) does not extend to the actual undertaking of the removal works, which remains the sole responsibility of TWUL or its contractors. Facilities and rights for alternative apparatus 41 (1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to TWUL facilities and rights for the construction and maintenance 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 TWUL or in default of agreement settled by arbitration in accordance with article 49 (arbitration). (2) In settling those terms and conditions in respect of alternative apparatus to be constructed in the land of the undertaker, the arbitrator will— (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 adaptions of the alternative apparatus which may be required to prevent interference with the proposed works of the undertaker; and (b) so far as it may be reasonable and practicable to do so in the circumstances of the particular case, give effect to the terms and conditions, if any, applicable to the apparatus constructed in or on the land for which the alternative apparatus is to be substituted; and (c) give effect to the statutory obligations of TWUL and the undertaker. (3) 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 TWUL 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 TWUL as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case. Retained apparatus 42 (1) Not less than 56 days before starting the execution of any works in, on or under any land purchased, held, appropriated or used under this Order that are within 5 metres of the outside face of any apparatus the removal of which has not been required by the undertaker under paragraph 40(2), the undertaker must submit to TWUL a plan of the works to be executed. (2) The undertaker must not commence any works to which sub-paragraph (1) applies until TWUL has given written approval of the plan so submitted and such approval may be given subject to reasonable requirements for the purposes mentioned in sub-paragraph (3). (3) Those works must be executed only in accordance with the plan submitted under sub-paragraph (1) and in accordance with such reasonable requirements or modifications as may be made in accordance with sub-paragraph (4) by TWUL for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and TWUL is entitled to watch and inspect the execution of those works upon giving at least three weeks’ notice of such intended entry to watch and inspect, unless in an emergency. (4) Any requirements made by TWUL as a condition of the approval under sub-paragraph (2) must be notified to the undertaker within a period of 35 days beginning with the date on which a plan under sub-paragraph (1) is submitted to it. (5) If by the end of the period of 35 days from the submission of the details relating to required works under sub-paragraph (1) TWUL has not intimated their disapproval of those details and the grounds of such disapproval, the undertaker may give TWUL written notice requiring TWUL to intimate approval or disapproval within a further period of 28 days beginning with the date upon which TWUL receives written notice from the undertaker and if by the expiry of the further 28 days TWUL has not intimated approval or disapproval, TWUL shall be deemed to have approved the details as submitted provided that such notification has been made in accordance with paragraph 56 (notices and applications). (6) If TWUL 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 34 to 36 and 40 to 42 apply as if the removal of the apparatus had been required by the undertaker under paragraph 40(2). (7) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of any works (unless otherwise agreed with TWUL), 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 works but in that case must— (a) give TWUL notice in accordance with paragraph 56 (notices and applications) as soon as is reasonably practicable; (b) provide TWUL with a plan of those works as soon as reasonably practicable subsequently; (c) carry out the works in accordance with industry best practice and guidelines on safe working near utilities; (d) comply with sub-paragraph (2) in so far as is reasonably practicable in the circumstances; and (e) keep the impact of those emergency works on TWUL’s apparatus to a minimum. (9) In this Part of this Schedule “emergency works” means works whose execution at the time when they are executed is required in order to put an end to, or to prevent the occurrence of, circumstances then existing or imminent which are likely to cause danger to persons or serious damage to property. Where works comprise items some of which fall within this definition, the expression “emergency works” shall be taken to include such of the items as do not fall within that definition as cannot reasonably be severed from those that do. Expenses and costs 43 (1) Subject to the following provisions of this paragraph, the undertaker must repay to TWUL all expenses reasonably incurred and any compensation properly paid by TWUL in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any alternative apparatus which may be required in consequence of the execution of any such works as are referred to in paragraphs 40(2), 42(2) or 42(3). (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— (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 article 49 (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 TWUL 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 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 TWUL 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 TWUL 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. 44 (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction, maintenance or failure of any of the works referred to in paragraph 42(2)42(2), 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 there is any interruption in the service provided by such apparatus or alternative apparatus, the undertaker must— (a) bear and pay the cost reasonably and properly incurred by TWUL in making good such damage or restoring the service; and (b) indemnify TWUL against all reasonable claims, penalties, demands, proceedings, costs, damages and expenses which are made or taken against or recovered from, or reasonably and properly incurred by TWUL, by reason or in direct consequence of any such damage or interruption. (2) The fact that any act or thing may have been done by TWUL on behalf of the undertaker or in accordance with a plan approved by TWUL or in accordance with any requirement of TWUL or under its supervision does not, subject to sub-paragraph (3), excuse the undertaker from liability under the provisions of sub-paragraph (1) unless TWUL 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. (3) 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 TWUL, its officers, servants, contractors or agents. (4) TWUL 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 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. Cooperation 45 Where in consequence of the proposed construction of any of the authorised development, the undertaker or TWUL requires the removal of apparatus under paragraph 40(2) or TWUL makes requirements for the protection or alteration of apparatus under paragraph 42, the undertaker must use best 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 TWUL’s undertaking and TWUL must use its best endeavours to co-operate with the undertaker for that purpose. 46 Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and TWUL in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made. 47 At all times the undertaker shall procure that its employees, contractors and subcontractors take all reasonable and proper precautions in exercise of powers conferred by this Order to ensure that as little damage, obstruction or interference is caused is caused to TWUL’s undertaking as is reasonably practicable save that this obligation shall not prevent the construction or operation of the authorised development. 48 In this Part of this Schedule, where the agreement or approval of TWUL is required, such agreement or approval must not be unreasonably withheld or delayed. Use of statutory powers 49 In the event that TWUL carries out any works involving apparatus, including under its own statutory powers, at the express written request of the undertaker then— (a) this Part of this Schedule shall apply to such works and TWUL covenants to observe and comply with this Part of this Schedule irrespective of whether it is carrying out the works under its own statutory powers or in reliance on the powers conferred by the Order; and (b) TWUL covenants to comply with the terms of the Order. Ground works and surveys 50 The undertaker must provide written notice to TWUL as soon as reasonably practicable in the event they determine to alter the ground level more than 300mm within 5 metres laterally of the outside face of any apparatus. Upon receiving such notice, TWUL will determine if works under paragraphs 40(2) or 42(2) are necessary and the timescales in paragraphs 42(4) and 42(5) shall apply to such determination from the date of receipt of the notice. 51 The undertaker must provide written notice to TWUL as soon as reasonably practicable if they intend to survey using ground intrusive methods within 5 metres laterally of the outside face of any apparatus. Upon receiving such notice, TWUL will determine if works under paragraphs 40(2) or 42(2) are necessary and the timescales in paragraphs 42(4) and 42(5) shall apply to such determination from the date of receipt of the notice. Consultation 52 The undertaker must consult with TWUL on draft documentation prior to the submission of any plan, scheme or strategy under requirements 7 (code of construction practice), 9 (construction traffic management plan), 10 (emergency preparedness and response plan), 12 (landscape, biodiversity, access and recreation delivery strategy) and 13 (surface and foul water drainage), to the relevant planning authority. 53 At least 56 days prior to the submission of the landscape, biodiversity, access and recreation delivery strategy (“LaBARDS”) to the relevant planning authority in accordance with requirement 12, the undertaker must invite TWUL (in accordance with paragraph 56) to review and input into the LaBARDS proposed to be submitted to the relevant planning authority and the undertaker must include such reasonable suggestions made by TWUL in relation to the part of the Crossness Nature Reserve owned by TWUL. 54 If TWUL does not respond to the invitation to which paragraph 53 refers within the 56 day period, TWUL shall be deemed to have rejected the invitation and the undertaker may proceed to submitting the LaBARDS to the relevant planning authority without any input from TWUL. 55 Any dispute as to the reasonableness of any suggestions made by TWUL in accordance with paragraph 53 shall be referred to arbitration in accordance with article 49 (arbitration) and the undertaker may not submit the LaBARDS to the relevant planning authority for approval if a matter referred to arbitration remains undetermined. Notices and applications 56 Notwithstanding any other provision of this Order, any— (a) written notice to TWUL provided for in this Order; or (b) application for the approval of TWUL made pursuant to article 21 (discharge of water), must be made by email to devcon.team@thameswater or developer.services@thameswater.co.uk or such other contact details as may be provided by TWUL to the undertaker from time to time. In the case of emergencies, notice must also be given via the Thames Water website or such other contact details as may be provided by TWUL to the undertaker from time to time. PART 5 FOR THE PROTECTION OF THE PORT OF LONDON AUTHORITY 57 The provisions of this Part of this Schedule have effect, unless otherwise agreed in writing between the undertaker and the PLA, for the protection of the PLA in relation to the construction, maintenance, operation and decommissioning of the authorised development. Interpretation 58 In this Part of this Schedule— “construction” includes execution, placing, altering, removing, replacing, maintaining, relaying and renewal and, in its application to a specified work which includes or comprises any operation, means the carrying out of that operation and “construct” and “constructed” have corresponding meanings; “core information” means the information (including information comprised in plans) regarding specified works or specified functions that the PLA may from time to time prescribe as being required to accompany any submission of plans for approval under paragraph 59, such information being that which the PLA publishes on its website from time to time as being required to accompanying an application for a works licence under section 66 (licensing of works) or, as the case may be, an application for a licence to dredge under section 73 (licensing of dredging, etc.) of the 1968 Act; “the PLA Harbour Master” means the means any harbour master of the PLA and any of their authorised deputies and assistants and any person authorised by the PLA to act in that capacity; “maintaining” does not include the activities listed in section 66(4) of the 1968 Act; “plans” includes navigational risk assessments, plans, sections, elevations, drawings, specifications, programmes, construction methods and descriptions including, where applicable, such relevant hydraulic information about the river Thames as may be reasonably requested by the PLA and details of where the undertaker considers that paragraph 59(8), paragraph 59(10), article 8(2) or article 8(4) should apply to existing structures; “specified function” means any function of the undertaker under this Order (except any function under articles 28 (compulsory acquisition of land), 30 (compulsory acquisition of rights) and 31 (acquisition of subsoil or airspace only), the exercise of which may affect the river Thames or any function of the PLA; and “specified work” means— any part of the authorised development (which for this purpose includes the removal of any part of the authorised development or any decommissioning works), which— is, may be, or takes place in, on, under or over the surface of land below mean high water level forming part of the river Thames; or may affect the river Thames or any function of the PLA; and any projection over the river Thames (whether inside or outside the Order limits) by any authorised work or any plant or machinery. Approval of detailed design 59 (1) The undertaker must not commence the construction of any specified work or the exercise of any specified function until plans of the work or function have been approved in writing by the PLA. (2) The undertaker must submit to the PLA plans of the specified work or specified function together with all relevant core information and must thereafter provide such further particulars as the PLA may, within 20 business days starting with the day on which plans are submitted under this sub-paragraph, reasonably require, and the particulars so supplied are to provide all information necessary to enable the PLA to determine whether approval should be given and, if so, whether conditions should be imposed. (3) Any approval of the PLA required under this paragraph must not be unreasonably withheld or delayed but may be given subject to such reasonable modifications, terms and conditions as the PLA may make for the protection of— (a) traffic in, or the flow or regime of, the river Thames; (b) the use of its land, or the river Thames, for the purposes of performing its functions; or (c) the performance of any of its functions connected with environmental protection. (4) Requirements made under sub-paragraph (3) may include conditions as to— (a) the proposed location of any temporary work and its dimensions or the location where the specified function is proposed to be exercised; (b) the programming of temporary works or the exercise of the specified function including the timing and management of giving up temporary possession; (c) the removal of any temporary work and the undertaking by the undertaker of any related work or operation that the PLA considers to be necessary for the purpose of removing or preventing any obstruction to navigation; (d) the relocation, provision and maintenance of works, moorings, apparatus and equipment necessitated by the specified work or specified function; and (e) the expiry of the approval if the undertaker does not commence construction or carrying out of the approved specified work or exercise of the specified function within a prescribed period. (5) Subject to sub-paragraph (6), an application for approval under this paragraph is deemed to have been refused if it is neither given nor refused— (a) in the case of an application for approval under article 27 (power to dredge), within 40 business days of the paragraph 59 specified day; and (b) in any other case, within 30 business days of the paragraph 59 specified day. (6) An approval of the PLA under this paragraph is not deemed to have been unreasonably withheld or delayed if approval within the time limited by sub-paragraph (5) has not been given pending the outcome of any consultation on the approval in question that the PLA is obliged to carry out in the proper exercise of its functions. (7) The undertaker must carry out all operations for the construction of any specified work or the specified function without unnecessary delay and to the reasonable satisfaction of the PLA so that traffic in, or the flow or regime of, the river Thames, and the exercise of the PLA’s functions, do not suffer more interference than is reasonably practicable. The PLA is entitled at all reasonable times, on giving such notice as may be reasonable in the circumstances, to inspect and survey those operations and the undertaker must provide all reasonable facilities to enable that inspection and survey to take place. (8) To the extent that the PLA approves under sub-paragraph (1) the carrying out of any specific works or the exercising of any specified functions outside of the limits of deviation of Work No.4, and the physical extent of any existing structures that are authorised by a works licence granted by the PLA under section 66 (licensing of works) of the 1968 Act is changed or any of the existing structures are removed in their entirety as a result of the carrying out of that specified work or exercise of that specific function— (a) such works shall not constitute a breach of that works licence; (b) the undertaker must notify the holder of that works licence of the specified works or specified functions that are intended to be carried out on the existing structures, at least 30 business days before the specified works or specified functions are carried out; (c) within 30 business days following the completion of that specified work or exercise of that specific function, the undertaker must provide the PLA with such information as the PLA may reasonably require as to the changed physical extent or to confirm the entire removal of those existing structures; (d) unless sub-paragraph (10) applies, the PLA must within 30 business days of receipt of the information referred to in sub-paragraph (c) issue to the holder of the works licence granted by the PLA under section 66 (licensing of works) of the 1968 Act in respect of the existing structures in question a new licence to reflect— (i) the physical changes to the existing structures; and (ii) any changes to the conditions of the works licence it considers necessary to reflect the physical changes and to meet the requirements of the 1968 Act and the PLA’s duties under it; (e) from the date of its issue that new licence shall apply to the changed extent of the remaining existing structures in question, the existing works licence shall be revoked, the holder of the licence must comply with the conditions of the new licence and the 1968 Act shall apply to the remaining existing structures and works authorised by the new licence; and (f) the holder of the works licence for the existing structures in questions shall have the right to appeal the conditions of any new works licence issued by the PLA under sub-paragraph (1)(b) of section 69 (appeal to board of trade) of the 1968 Act. (9) Where sub-paragraph (8) applies, the undertaker must— (a) compensate the holder of the works licence for any reasonable increase to the costs of that licence holder of complying with the conditions of the new works licence, compared to the costs of complying with the works licence that previously applied; and (b) pay the reasonable costs of the PLA in complying with sub-paragraph (8)(d) and in connection with the reasonable costs of the PLA’s participation in any appeal made under sub-paragraph (1)(b) of section 69 (appeal to board of trade) of the 1968 Act in connection with a new works licence issued under sub-paragraph (8)(f). (10) To the extent that the PLA approves under sub-paragraph (1) the carrying out of any specific works or the exercising of any specified functions outside of the limits of deviation of Work No.4 and all existing structures that are authorised by a works licence granted by the PLA under section 66 (licensing of works) of the 1968 Act are removed in their entirety as a result of the carrying out of that specified work or exercise of that specific function, and article 8 does not apply— (a) following the completion of that specified work or exercise of that specific function, the undertaker must provide the PLA with information to demonstrate that the existing structures have been removed in their entirety; and (b) upon the PLA being satisfied that the existing structures have been removed in their entirety it must— (i) notify the undertaker that it is so satisfied; and (ii) write to the holder of the works licence to confirm that that works licence is terminated. (11) Where sub-paragraph (10) applies, the undertaker must pay the reasonable costs of the PLA in complying with sub-paragraph (10)(b). (12) In this paragraph— “commence” includes the permitted preliminary works where they take place in the river Thames, “plans” shall, in respect of the exercising of article 27, only mean such information which the PLA publishes on its website from time to time as being required to accompany an application for a licence to dredge under section 73 (licensing of dredging, etc.) of the 1968 Act and any documents required by the PLA pertaining to sampling, but not any other document listed under the definition of plans in paragraph 58, in respect of the exercising of article 27, and “the paragraph 59 specified day” means, in relation to any specified work or specified function— the day on which plans and sections of that work or function are submitted to the PLA under sub-paragraph (1); or the day on which the undertaker provides the PLA with all further particulars of the work or function that have been requested by the PLA under that sub-paragraph, whichever is the later. As built drawings 60 As soon as reasonably practicable following the completion of the construction of the authorised development, the undertaker must provide to the PLA as built drawings of any specified works in a form and scale to be agreed between the undertaker and the PLA to show the position of those works in relation to the river Thames. Discharges, etc. 61 (1) The undertaker must not without the consent of the PLA exercise the powers conferred by article 21 (discharge of water) so as to— (a) deposit in or allow to fall or be washed into the river Thames any gravel, soil or other material; (b) discharge or allow to escape either directly or indirectly into the river Thames any offensive or injurious matter in suspension or otherwise; or (c) directly or indirectly discharge any water into the river Thames. (2) Any consent of the PLA under this paragraph must not be unreasonably withheld or delayed but may be given subject to such terms and conditions as the PLA may reasonably impose. (3) Any consent under this paragraph is deemed to have been given if it is neither given nor refused (or is refused but without an indication of the grounds for refusal) within 35 days of the day on which the request for consent is submitted under sub-paragraph (1). 62 The undertaker must not, in exercise of the powers conferred by article 21 (discharge of water), damage or interfere with the beds or banks of any watercourse forming part of the river Thames unless such damage or interference is approved as a specified work under this Order or otherwise forms part of the authorised development and is otherwise approved by the PLA. Navigational lights, buoys, etc. 63 (1) The undertaker must, at or near a specified work, a structure which remains in the river Thames by virtue of article 8 (interaction with the 1968 Act) or a location where a specified function is being exercised, exhibit such lights, lay down such buoys and take such other steps for preventing danger to navigation as the PLA may from time to time reasonably require. (2) The PLA must give the undertaker not less than 20 business days’ written notice of a requirement under sub-paragraph (1) except in the case of emergency when the PLA must give such notice as is reasonably practicable. Directions as to lights 64 The undertaker must comply with any reasonable directions issued from time to time by the PLA Harbour Master with regard to the lighting of— (a) a specified work or a structure which remains in the river Thames by virtue of article 8 (interaction with the 1968 Act); or (b) the carrying out of a specified function or the use of apparatus for the purposes of such a function, or the screening of such lighting, so as to ensure that it is not a hazard to navigation on the river Thames. Permanent lights on tidal works 65 After the completion of a specified work the undertaker must at the outer extremity of that work exhibit every night from sunset to sunrise such lights, if any, and take such other steps, if any, for the prevention of danger to navigation as the PLA may from time to time direct. Removal, etc. of the PLA’s moorings and buoys 66 (1) Subject to sub-paragraph (2), if by reason of the construction of any specified work or the exercise of any specified function it is reasonably necessary for the PLA to incur the cost of— (a) temporarily or permanently altering, removing, re-siting, repositioning or reinstating existing moorings or aids to navigation (including navigation marks or lights) owned by the PLA; (b) laying down and removing substituted moorings or buoys; or (c) carrying out dredging operations for any such purpose, not being costs which it would have incurred for any other reason, the undertaker must pay the costs reasonably so incurred by the PLA. (2) The PLA must give to the undertaker not less than 20 business days’ notice of its intention to incur such costs, and take into account any representations which the undertaker may make in response to the notice within 10 business days of the receipt of the notice. Sedimentation, etc. remedial action 67 (1) This paragraph applies if any part of the river Thames has become or is likely to become subject to sedimentation, scouring or other changes in the flow or regime of the river Thames which— (a) is wholly or partly caused by a specified work or the carrying out of a specified function during the period beginning with the commencement of construction of the work or function and (subject to sub-paragraph (4)) ending with the expiration of six years after the date of completion of all the specified works comprised in the authorised development; and (b) for the safety of navigation or for the protection of any works in the river Thames, should in the reasonable opinion of the PLA be removed or made good. (2) Subject to sub-paragraph (3) the undertaker must either— (a) pay to the PLA any additional expense to which the PLA may reasonably be put in dredging the river Thames to remove the sedimentation or in making good the scouring so far as (in either case) it is attributable to either or both the specified work and the specified function; or (b) carry out the necessary dredging or work to make good the scouring at its own expense and subject to the prior approval of the PLA which may be subject to reasonable conditions but which may not be unreasonably withheld or delayed; and the expenses payable by the undertaker under this sub-paragraph include any additional expenses accrued or incurred by the PLA in carrying out surveys or studies which may be agreed with the undertaker in connection with the implementation of this paragraph. (3) If it is established that the sedimentation, scouring or other changes in the flow or regime of the river was partly caused by a specified work or a specified function and partly by another factor, the undertaker’s liability under sub-paragraph (2) is apportioned accordingly. (4) At any time before the expiry of the period of six years after the date of completion of Work No. 4 (“the completion date”) the PLA may serve notice on the undertaker stating that in the opinion of the PLA the river Thames or any part of it may, after the expiry of that period, become subject to sedimentation, scouring or other changes in its flow or regime wholly or partly caused by a specified work or specified function. Any such notice must specify— (a) the additional period (not exceeding 10 years after the completion date) during which the provisions of sub-paragraphs (1) and (2) ought to apply; and (b) the PLA’s reasons for reaching that opinion. (5) On receipt of any such notice the undertaker may serve a counter-notice within 30 business days beginning on the day the notice was received, such notice to include details of the undertaker’s objection to the PLA’s notice or any conditions it may wish to impose on compliance by the undertaker with the PLA’s notice. (6) In the event that the PLA and the undertaker cannot agree the matters raised in the PLA’s notice and the undertaker’s counter-notice within two months from the service of the undertaker’s counter-notice, either party may refer the matter to arbitration under paragraph 78. (7) If the undertaker fails to serve a counter-notice or if it serves a counter-notice and the matter is either agreed between the PLA and the undertaker or determined pursuant to sub-paragraph (6), then the provisions of sub-paragraphs (1) and (2) will apply during such additional period as is specified in the PLA’s notice or as may be so agreed or determined. Removal of temporary works 68 (1) On completion of the construction of the whole or any part of a permanent specified work, the undertaker must— (a) as soon as reasonably practicable after such completion seek approval under paragraph 59 for the removal required by sub-paragraph (b); and (b) as soon as reasonably practicable after the grant of that approval under paragraph 59 remove— (i) in the case of completion of part of a permanent specified work, any temporary tidal work (other than a residual structure) carried out only for the purposes of that part of the permanent specified work; (ii) on completion of all the specified works, any remaining temporary tidal work (other than a residual structure); and (iii) in either case, any materials, plant and equipment used for such construction, and make good the site to the reasonable satisfaction of the PLA. (2) For the purposes of the undertaker making good the site in accordance with sub-paragraph (1)(b), the PLA may require that— (a) any residual structure is cut off by the undertaker at such level below the bed of the river Thames as the PLA may reasonably direct; and (b) the undertaker takes such other steps to make the residual structure safe as the PLA may reasonably direct. (3) As soon as reasonably practicable after the undertaker has complied with the PLA’s requirements under sub-paragraphs (1) and (2) in relation to any residual structure, the PLA will grant the undertaker a works licence for that structure under section 66 (licensing of works) of the 1968 Act, and the terms of the licence are to reflect such requirements. (4) For the avoidance of doubt, article 8 (interaction with the 1968 Act) will not apply to a residual structure which will, accordingly, be subject to sections 66 to 75 of the 1968 Act. (5) In this paragraph— “residual structure” means any part of a temporary tidal work that the PLA agrees cannot reasonably be removed by the undertaker on completion of the construction of the permanent specified works; and “tidal work” means any specified work any part of which is, or may be, or, in, under or over the surface of land below mean high water level forming part of the river Thames. Protective action 69 (1) If any specified work or the exercise of any specified function— (a) is constructed or carried out otherwise than in accordance with the requirements of this Part of this Schedule or with any condition in an approval given under paragraph 59(4); or (b) during construction or carrying out gives rise to sedimentation, scouring, currents, wave action, or worsening of the condition of the river bed, which would be materially detrimental to traffic in, or the flow or regime of, the river Thames, then the PLA may by notice in writing require the undertaker at the undertaker’s own expense to comply with the remedial requirements specified in the notice. (2) The requirements that may be specified in a notice given under sub-paragraph (1) are— (a) in the case of a specified work or specified function to which sub-paragraph (1)(a) applies, such requirements as may be specified in the notice for the purpose of giving effect to the requirements of— (i) this Part of this Schedule; or (ii) the condition that has been breached; or (b) in any case within sub-paragraph (1)(b), such requirements as may be specified in the notice for the purpose of preventing, mitigating or making good the sedimentation, scouring, currents, wave action, or material worsening of the condition of the river bed, so far as required by the needs of traffic in, or the flow or regime of, the river Thames. (3) If the undertaker does not comply with a notice under sub-paragraph (1), or is unable to do so then the PLA may in writing require the undertaker to— (a) remove, alter or pull down the specified work, and where the specified work is removed to restore the site of that work (to such extent as the PLA reasonably requires) to its former condition; or (b) take such other action as the PLA may reasonably specify for the purpose of remedying the non-compliance to which the notice relates. (4) If a specified work gives rise to materially new or materially different environmental effects than those identified in any environmental document, the undertaker must, in compliance with its duties under any enactment, take such action as is necessary to prevent or mitigate adverse environmental impacts and in so doing must consult and seek to agree the necessary measures with the PLA. (5) If the PLA becomes aware that any specified work is causing materially new or materially different environmental effects than those identified in any environmental document, the PLA must notify the undertaker of that environmental impact, the reasons why the PLA believes that an adverse environmental impact is being caused by the specified work and of measures that the PLA reasonably believes are necessary to counter or mitigate that adverse environmental impact. The undertaker must implement either the measures that the PLA has notified to the undertaker or such other measures as the undertaker believes are necessary to counter the adverse environmental impact identified, giving reasons to the PLA as to why it has implemented such other measures. (6) In this paragraph “environmental document” means— (a) the environmental statement; and (b) any other document containing environmental information provided by the undertaker to the PLA for the purposes of any approval under paragraph 59. Abandoned or decayed works 70 (1) If a specified work or a structure which remains in the river Thames by virtue of article 8 (interaction with the 1968 Act) is abandoned or falls into decay, the PLA may by notice in writing require the undertaker to take such reasonable steps as may be specified in the notice either to repair or restore the specified work or structure, or any part of it, or to remove the specified work or structure and (to such extent and within such limits as the PLA reasonably requires) restore the site of that work to its condition prior to the construction of the specified work or structure. (2) If any specified work or structure which remains in the river Thames by virtue of article 8 (interaction with the 1968 Act) is in such condition that it is, or is likely to become, a danger to or an interference with navigation in the river Thames, the PLA may by notice in writing require the undertaker to take such reasonable steps as may be specified in the notice— (a) to repair and restore the work or structure or part of it; or (b) if the undertaker so elects, to remove the specified work or structure and (to such extent as the PLA reasonably requires) to restore the work or structure to its former condition. (3) If on the expiration of such reasonable period as may be specified in a notice under this paragraph the work specified in the notice has not been completed to the satisfaction of the PLA, the PLA may undertake that work and any expenditure reasonably incurred by the PLA in so doing is recoverable from the undertaker. Facilities for navigation 71 (1) The undertaker must not in the exercise of the powers conferred by this Order interfere with any marks, lights or other navigational aids in the river Thames without the consent of the PLA, and must ensure that access to such aids remains available during and following construction of any specified work or the exercise of any specified function. (2) The undertaker must provide at any specified work, or must afford reasonable facilities at such work (including an electricity supply) for the PLA to provide at the undertaker’s cost, from time to time such navigational lights, signals, radar or other apparatus for the benefit, control and direction of navigation as the undertaker or the PLA may deem necessary by reason of the construction and presence of the specified work and must ensure access remains available to such facilities during and following construction of the specified work. Survey of riverbed 72 (1) The PLA may, at the undertaker’s expense (such expense to be that which is reasonably incurred), carry out a survey (or externally procure the carrying out of a survey) for the purpose of establishing the condition of the river Thames— (a) before the commencement of construction of the first specified work below mean high water level to be constructed following approval under paragraph 59; (b) before the commencement of construction of any other specified work, or the carrying out of any other specified function, approved under paragraph 59; (c) during the construction of any specified work, or the carrying out of any specified function, as is reasonably required, and (d) after completion of, respectively— (i) any specified work and the exercise of all related specified functions; and (ii) all the specified works constructed and specified functions carried out under this Order in relation to such construction, of such parts of the river Thames as might be affected by sedimentation, scouring, currents, wave action or material worsening of the condition of the river bed that might result from the construction of the relevant specified work, or the carrying out of a specified function as would, if it were to be constructed or carried out, constitute specified works, or give rise to operations, below mean high water level. (2) Except where it relates to the authorised navigational channel of the river Thames or in an emergency, the PLA may only carry out surveys under sub-paragraph (1)(c)— (a) if it has given at least 14 days’ notice of its intention to do so to the undertaker (unless otherwise agreed by the undertaker); (b) if the timing of the survey has been agreed in advance of the surveys by the undertaker; and (c) subject to the undertaker’s ability to refuse access for surveys if the undertaker considers that the carrying out of surveys at that time would lead to safety concerns in the construction of the specified work or the carrying out of the specified function. (3) The PLA must make available to the undertaker the results of any survey carried out under this paragraph. (4) The PLA must not under this paragraph carry out a survey of any part of the river Thames in respect of which the undertaker has provided to the PLA survey material which the PLA is satisfied establishes the condition of the river Thames, and in the case of a survey under sub-paragraph (1)(b), the effect of the specified works and the specified functions. (5) A survey carried out under this paragraph is the property of the PLA. Consideration for dredged material 73 (1) The undertaker must pay to the PLA for material dredged by the undertaker under this Order from so much of the river Thames of which the freehold is vested in the PLA, consideration calculated at a rate agreed between them and otherwise in accordance with this paragraph. (2) The consideration due under sub-paragraph (1) applies only in respect to material dredged in the course of the construction of the authorised development based on the quantity of such material that— (a) is not used for the construction of the authorised development; and (b) is sold by the undertaker or by any other person exercising any powers under this Order. Restriction on powers contained in Part 3 of this Order 74 Regardless of any provision in this Order or anything shown on the land plans or contained in the book of reference to the Order— (a) nothing contained in Part 3 of this Order nor article 39 (statutory undertakers) authorises the acquisition of any interest in, or the acquisition, appropriation, interference, overriding or extinguishment of any right in, on or over, or the imposing of restrictive covenants in any Order land (including airspace and subsoil) if the interest or right or the land to be affected by the restrictive covenant is (at the time of the proposed acquisition, appropriation, interference, overriding, extinguishment or the imposition of the restrictive covenant) land, airspace, subsoil or a right is vested in the PLA; and (b) nothing contained in article 37 (temporary use of land for carrying out the authorised development) or article 38 (temporary use of land for maintaining the authorised development) authorises the entering on and taking temporary possession or the entering of land (including airspace and subsoil) to gain access for maintenance in any Order land if the land at the time of the proposed entry the land, airspace or subsoil is vested in the PLA. Protection for the PLA’s functions 75 (1) Subject to article 8 (interaction with the 1968 Act) the exercise in, under or over the river Thames by the undertaker of any of its functions under this Order is subject to— (a) any enactment relating to the PLA; (b) any byelaw, direction or other requirement made by the PLA or the PLA Harbour Master under any enactment; and (c) any other exercise by the PLA or the PLA Harbour Master of any function conferred by or under any enactment. (2) The undertaker must not take any action in the river Thames in relation to the removal from the Order limits of any vessel or other thing except with the consent of the PLA Harbour Master, which must not be unreasonably withheld or delayed. Indemnity 76 (1) The undertaker is responsible for and must make good to the PLA all financial costs, charges, damages, losses or expenses which may be incurred reasonably or suffered by the PLA by reason of— (a) the construction or operation of a specified work or its failure; (b) the exercise of any specified function; or (c) any act or omission of the undertaker, its employees, contractors or agents or others whilst engaged on the construction or operation of a specified work or exercise of a specified function dealing with any failure of a specified work, and the undertaker must indemnify the PLA from and against all claims and demands arising out of or in connection with the specified works or specified functions or any such failure, act or omission. (2) The undertaker will pay to the PLA its proper and reasonable legal costs, professional fees and disbursements incurred in connection with reviewing detailed design information, construction information and any other information submitted to the PLA in respect of a specified work or a specified function. (3) The undertaker will pay to the PLA the proper and reasonable costs of any notice to mariners that are required to be issued as a result of article 25(6) (works in the River Thames: conditions). (4) The fact that any act or thing may have been done— (a) by the PLA on behalf of the undertaker; or (b) by the undertaker, its employees, contractors or agents in accordance with plans or particulars submitted to or modifications or conditions specified by the PLA, or in a manner approved by the PLA, or under its supervision or the supervision of its duly authorised representative, does not (if it was done or required without negligence on the part of the PLA or its duly authorised representative, employee, contractor or agent) excuse the undertaker from liability under the provisions of this paragraph. (5) The PLA must give the undertaker reasonable notice of any such claim or demand as is referred to in sub-paragraph (1) and no settlement or compromise of it is to be made without the prior consent of the undertaker. Consultation 77 (1) The undertaker must consult with the PLA on draft documentation, prior to the submission of any plan, scheme or strategy under requirements 7 (code of construction practice), 10 (emergency preparedness and response plan), 11 (lighting strategy), 16 (jetty works environmental design scheme) and 23 (decommissioning environmental management plan) which relate to Work No. 4, to the relevant planning authority. (2) The undertaker must consult with the PLA on any updates to a plan, scheme or strategy approved under requirements 7 (code of construction practice), 10 (emergency preparedness and response plan), 11 (lighting strategy), 16 (jetty works environmental design scheme) and 23 (decommissioning environmental management plan) which relate to Work No. 4, prior to submission to the relevant planning authority under requirement 3 (approved details and amendments to them). Disputes 78 Subject to any protocol agreed in writing by the parties, any dispute arising between the undertaker and the PLA under this Part of this Schedule is to be determined by arbitration as provided in article 49 (arbitration). PART 6 FOR THE PROTECTION OF UK POWER NETWORKS LIMITED, LONDON POWER NETWORKS PLC AND SOUTH EASTERN POWER NETWORKS PLC 79 For the protection of the utility undertakers referred to in this Part of this Schedule, the following provisions have effect, unless otherwise agreed in writing between the undertaker and the utility undertakers concerned. 80 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 electric lines or electrical plant (as defined in the Electricity Act 1989), belonging to or maintained by that utility undertaker; “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— UK Power Networks Limited, whose registered office is at Newington House, 237 Southwark Bridge Road, London, SE1 6NP; London Power Networks plc, whose registered office is at Newington House, 237 Southwark Bridge Road, London, SE1 6NP; South Eastern Power Networks plc, whose registered office is at Newington House, 237 Southwark Bridge Road, London, SE1 6NP; 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. 81 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 (street works in England and Wales) of the 1991 Act. 82 Regardless of the temporary prohibition or restriction of use of streets under the powers conferred by article 16 (temporary prohibition or restriction of use of streets, private means of access and public rights of way and authorising vehicular use on 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. 83 Regardless of any provision in this Order or anything shown on the land plans, the undertaker must not acquire any apparatus otherwise than with the prior written agreement of the utility undertaker. 84 (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 (6). (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 28 days’ 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 a utility undertaker reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to the utility undertaker 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 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 49 (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 49 (arbitration), 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 removal of apparatus or construction of alternative 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 and only in accordance with plans approved by the utility undertaker, such approval may be subject to such reasonable conditions including but not limited to the undertaker entering into an assets protection agreement with the utility undertaker as the utility undertaker deems necessary. The undertaker must carry out the works under the superintendence, if given, and to the reasonable satisfaction of the utility undertaker subject to the utility undertaker’s reasonable specification. 85 (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 49 (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. 86 (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 85, the undertaker must submit to the utility undertaker in question a plan, section and description of the works to be executed. (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 28 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 79 to 85 apply as if the removal of the apparatus had been required by the undertaker under paragraph 84(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. 87 (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 84(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 49 (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 84(2); 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 seven years and six 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. 88 (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 84(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 84(2)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. 89 Where in consequence of the proposed construction of any of the authorised development, the undertaker or a utility undertaker requires the removal of apparatus under paragraph 84(2) or a utility undertaker makes requirements for the protection or alteration of apparatus under paragraph 86, the undertaker must use 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 the utility undertaker’s undertaking and each utility undertaker must use its reasonable endeavours to co-operate with the undertaker for that purpose. 90 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 7 FOR THE PROTECTION OF SOUTHERN GAS NETWORKS PLC AS GAS UNDERTAKER Application 91 For the protection of SGN the following provisions will, unless otherwise agreed in writing between the undertaker and SGN, have effect. Interpretation 92 In this Part of this Schedule— “alternative apparatus” means appropriate alternative apparatus to the satisfaction of SGN to enable SGN to fulfil its statutory functions in a manner no less efficient than previously; “apparatus” means any gas mains, pipes, pressure governors, ventilators, cathodic protections, cables or other apparatus belonging to or maintained by SGN for the purposes of gas distribution together with any replacement apparatus and such other apparatus constructed pursuant to the Order that becomes operational apparatus of SGN 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; “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 Schedule; “commence” has the same meaning as in article 2 (interpretation) and commencement is to be construed to have the same meaning save that for the purposes of this Part of the Schedule the terms “commence” and “commencement” include the permitted preliminary works; “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 and/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 SGN (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, requires the undertaker to submit for SGN’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” shall include the ability and right to do any of the following in relation to any apparatus or alternative apparatus of SGN 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 properly and sufficiently to describe and assess the works to be executed; “parent company” means a parent company of the undertaker acceptable to SGN and which shall have been approved by SGN acting reasonably; “rights” includes rights and restrictive covenants, and in relation to decommissioned apparatus the surrender of rights, release of liabilities and transfer of decommissioned apparatus; “SGN” means Southern Gas Networks plc or its successors in title or successor bodies and/or any successor as a gas transporter within the meaning of Part 1 (gas supply) of the Gas Act 1986. “specified works” means any of the authorised works or activities undertaken in association with the authorised works which— 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 sub-paragraph 97(2) or otherwise; and/or may in any way adversely affect any apparatus the removal of which has not been required by the undertaker under sub-paragraph 97(2) or otherwise; “undertaker” means the undertaker as defined in article 2 (interpretation) of this Order. On Street Apparatus 93 (1) Except for paragraphs 94 (apparatus of SGN in stopped up streets), 97 (removal of apparatus) in so far as sub-paragraph 94(2) applies, 98 (facilities and rights for alternative apparatus) in so far as sub-paragraph (2) below applies, 99 (retained apparatus: protection of SGN), 100 (expenses) and 101 (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 SGN, the other provisions of this Schedule do not apply to apparatus in respect of which the relations between the undertaker and SGN are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act. (2) Paragraphs 97 and 98 of this Part of this Schedule 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. Apparatus of SGN in stopped up streets 94 (1) Without prejudice to the generality of any other protection afforded to SGN elsewhere in the Order, where any street is stopped up under article 15 (permanent stopping up of specified street and private means of access) if SGN has any apparatus in the street or accessed via that street SGN will be entitled to the same rights in respect of such apparatus as it enjoyed immediately before the stopping up and the undertaker must grant to SGN, or will procure the granting to SGN of, legal easements reasonably satisfactory to SGN in respect of such apparatus and access to it prior to the stopping up of any such street or highway, but nothing in this paragraph affects any right of the undertaker or of SGN to require the removal of that apparatus under paragraph 97. (2) Notwithstanding the temporary stopping up or diversion of any highway under the powers of article 16 (temporary prohibition or restriction of use of streets, private means of access and public rights of way and authorising vehicular use on public rights of way), SGN will be at liberty at all times to take all necessary access across any such stopped up highway and/or to execute and do all such works and things in, upon or under any such highway as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the stopping up or diversion was in that highway. Protective works to buildings 95 (1) The undertaker, in the case of the powers conferred by article 23 (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 SGN 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 SGN or any interruption in the supply of gas by SGN, as the case may be, is caused, the undertaker must bear and pay on demand the cost reasonably incurred by SGN in making good such damage or restoring the supply; and, subject to sub-paragraph (2), shall— (a) pay compensation to SGN for any loss sustained by it; and (b) indemnify SGN against all claims, demands, proceedings, costs, damages and expenses which may be made or taken against or recovered from or incurred by SGN, 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 SGN or its contractors or workmen; and SGN will give to the undertaker reasonable notice of any claim or demand as aforesaid and no settlement or compromise thereof shall be made by SGN, 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. Acquisition of land 96 (1) Regardless of any provision in this Order or anything shown on the land plans or contained in the book of reference to the Order, the undertaker may not appropriate or acquire any land interest or appropriate, acquire, extinguish, interfere with or override any easement, other interest or right and/or apparatus of SGN otherwise than by agreement. (2) The undertaker and SGN agree that where there is any inconsistency or duplication between the provisions set out in this Part of this Schedule relating to the relocation and/or removal of apparatus/including but not limited to the payment of costs and expenses relating to such relocation and/or removal of apparatus and the provisions of any existing easement, rights, agreements and licences granted, used, enjoyed or exercised by SGN and/or other enactments relied upon by SGN as of right or other use in relation to the apparatus, then the provisions in this Part of this Schedule prevail. (3) Any agreement or consent granted by SGN under paragraph 99 or any other paragraph of this Part of this Schedule, is not to be taken to constitute agreement under sub-paragraph (1). (4) As a condition of an agreement between the parties in sub-paragraph (1) that involves decommissioned apparatus being left in situ the undertaker must accept a surrender of any existing easement and/or other interest of SGN in such decommissioned apparatus and consequently acquire title to such decommissioned apparatus and release SGN from all liabilities in respect of such decommissioned apparatus from the date of such surrender. (5) Where an undertaker acquires land which is subject to any SGN right or interest (including, without limitation, easements and agreements relating to rights or other interests) and the provisions of paragraph 97 do not apply, the undertaker must— (a) retain any notice of SGN’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 SGN’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 SGN’s easement, right or other interest in relation to such acquired land; and (c) provide up to date official entry copies to SGN within 20 business days of receipt of such up to date official entry copies. Removal of apparatus 97 (1) If, in the exercise of the agreement reached in accordance with paragraph 91 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 SGN to maintain that apparatus in that land must not be extinguished until alternative apparatus has been constructed, is in operation to the reasonable satisfaction of SGN and in accordance with sub-paragraphs (2) to (5) inclusive. (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 SGN 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 SGN reasonably needs to move or remove any of its apparatus) the undertaker must afford to SGN to its satisfaction (taking into account sub-paragraph 98(1) below) 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 SGN 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 SGN 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 SGN 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, SGN 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 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 SGN 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 SGN and the undertaker. (5) SGN must, after the alternative apparatus to be provided or constructed has been agreed, and subject to the prior grant to SGN of such facilities and rights as are referred to in sub-paragraph (2) or (3) have been afforded to SGN 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 98 (1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to or secures for SGN facilities and rights in land for the access to, 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 SGN and must be no less favourable on the whole to SGN than the facilities and rights enjoyed by it in respect of the apparatus to be decommissioned or removed unless otherwise agreed by SGN. (2) If the facilities and rights to be afforded by the undertaker and agreed with SGN under sub-paragraph (1) above 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 SGN than the facilities and rights enjoyed by it in respect of the apparatus to be decommissioned or removed then the terms and conditions to which those facilities and rights are subject in the matter are referred to arbitration in accordance with paragraph 105 of this Part of this Schedule and the arbitrator must make such provision for the payment of compensation by the undertaker to SGN as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case. Retained apparatus: protection of SGN 99 (1) Not less than 56 days before the commencement of any specified works, the undertaker must where reasonably required by SGN submit to SGN a plan and, a ground monitoring scheme in respect of those works. (2) In relation to works which will or may be situated on, over, under or within (a) ten metres measured in any direction of any apparatus, or (b) involve embankment works within ten metres of any apparatus, the plan to be submitted where reasonably required to SGN 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 works to which sub-paragraphs (1) and (2) apply until SGN has given written approval of the plan so submitted. (4) Any approval of SGN 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 work to which sub-paragraphs (1) and/or (2) apply, SGN may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing 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 the plan, submitted under sub-paragraphs (1) and (2) or as relevant sub-paragraph (4), as approved or as amended from time to time by agreement between the undertaker and SGN and in accordance with all conditions imposed under sub-paragraph (4)(a), and SGN will be entitled to watch and inspect the execution of those works. (7) Where SGN 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 SGN’s satisfaction prior to the commencement of any authorised works (or any relevant part thereof) for which protective works are required and SGN must give 45 days’ notice of such works from the date of submission of a plan pursuant to this paragraph (except in an emergency). (8) If SGN, 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 91 to 93 and 96 to 98 apply as if the removal of the apparatus had been required by the undertaker under paragraph 97(2). (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 authorised 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 is not 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 SGN 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) As soon as reasonably practicable after any ground subsidence event which is known to or may have affected apparatus attributable to the authorised development the undertaker must implement an appropriate ground mitigation scheme save that SGN 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 100. Expenses 100 (1) Subject to the following provisions of this paragraph, the undertaker must pay to SGN on demand all charges, costs and expenses reasonably anticipated or incurred by SGN in, or in connection with, the inspection, removal, relaying or replacing, alteration or protection of any apparatus or rights 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 SGN in connection with the negotiation or acquisition of rights or the exercise of statutory powers for such apparatus including without limitation all costs (including professional fees) incurred by SGN as a consequence of SGN— (i) using its own compulsory purchase powers to acquire any necessary rights under paragraph 97(3) if it elects to do so; and/or (ii) exercising any compulsory purchase powers in the Order transferred to or benefitting SGN; (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 paragraph 99(6). (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 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 article 49 (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 SGN 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 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 must be treated as if it also had been agreed or had been so determined. Indemnity 101 (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 SGN, or there is any interruption in any service provided, or in the supply of any goods, by SGN, or SGN becomes liable to pay any amount to any third party, the undertaker must— (a) bear and pay on demand the cost reasonably incurred by SGN in making good such damage or restoring the supply; and (b) indemnify SGN for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from SGN, by reason or in consequence of any such damage or interruption or SGN becoming liable to any third party as aforesaid other than arising from any default of SGN. (2) The fact that any act or thing may have been done by SGN on behalf of the undertaker or in accordance with a plan approved by SGN or in accordance with any requirement of SGN 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 SGN 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 as otherwise agreed between the undertaker and SGN. (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 SGN, its officers, servants, contractors or agents; and (b) any authorised works and/or any other works authorised by this Part of this Schedule carried out by SGN as an assignee, transferee or lessee of the undertaker with the benefit of the Order pursuant to section 156 (benefit of order granting development consent) of the Planning Act 2008 or article 10 (consent to transfer 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 sub-paragraph will be subject to the full terms of this Part of this Schedule including this paragraph. (4) SGN must give the undertaker reasonable notice of any such third party claim or demand and no settlement or compromise must, unless payment is required in connection with a statutory compensation scheme, be made without first consulting the undertaker and considering their representations. (5) SGN must use its reasonable endeavours to mitigate in whole or in part and to minimise any costs, expenses, loss, demands, and penalties to which the indemnity under this paragraph applies. If requested to do so by the undertaker, SGN must provide an explanation of how the claim has been minimised. The undertaker shall only be liable under this paragraph 101 for claims reasonably incurred by SGN. Enactments and agreements 102 Save to the extent provided for to the contrary elsewhere in this Part of this Schedule or by agreement in writing between SGN 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 SGN 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 103 (1) Where in consequence of the proposed construction of any of the authorised works, the undertaker or SGN requires the removal of apparatus under paragraph 97(2) or SGN makes requirements for the protection or alteration of apparatus under paragraph 99, 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 development and taking into account the need to ensure the safe and efficient operation of SGN’s undertaking and SGN must use its best endeavours to co-operate with the undertaker for that purpose. (2) For the avoidance of doubt whenever SGN’s consent, agreement or approval is required in relation to plans, documents or other information submitted by SGN or the taking of action by SGN, it must not be unreasonably withheld or delayed. Access 104 If in consequence of the agreement reached in accordance with paragraph 96(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 SGN in respect of the apparatus) is materially obstructed, the undertaker must provide such alternative rights and means of access to such apparatus as will enable SGN to maintain or use the apparatus no less effectively than was possible before such obstruction. Arbitration 105 Save for differences or disputes arising under paragraphs 97(2), 97(4), 98(1) and 99, any difference or dispute arising between the undertaker and SGN under this Part of this Schedule must, unless otherwise agreed in writing between the undertaker and SGN, be determined by arbitration in accordance with article 49 (arbitration). Notices 106 The plans submitted to SGN by the undertaker pursuant to paragraph 99(1) must be sent to SGN at 1 Forbury Place, 43 Forbury Road, Reading, Berkshire RG1 3JH or such other address as SGN may from time to time appoint instead for that purpose and notify to the undertaker. PART 8 FOR THE PROTECTION OF REPL 107 For the protection of REPL as referred to in this Part of this Schedule the following provisions have effect unless otherwise agreed in writing between the undertaker and REPL. 108 In this Part of this Schedule— “alternative apparatus” means alternative apparatus adequate to enable REPL to fulfil its functions in a manner no less efficient than previously; “apparatus” means any electric cables, electrical plant, drains, mains, sewers, pipes, conduits or any other apparatus belonging to or maintained by REPL and used for, or for purposes connected with, waste treatment and disposal and the generation, transmission, distribution or supply of electricity and/or heat generated at the REPL facility and includes any structure in which apparatus is or will be lodged or which gives or will give access to apparatus; “authorised development” has the same meaning as in article 2 (interpretation) of this Order; “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, across, along or upon such land; “internal street” means any roads that service the REPL facility and which are located within the REPL facility perimeter; “plan” or “plans” include all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe and assess the works to be executed; “REPL facility” means the energy from waste facility and associated infrastructure known as Riverside 2 at Norman Road, Belvedere, Bexley, Kent; “REPL facility perimeter” means that part of the Order land identified as plots 1-048, 1-049, 1-051, 1-054, 1-055, 1-059, 1-060, 1-061, 1-064, 1-065, 1-066, 1-068, 1-070, 1-071, 1-075, 1-081, 1-082, 1-085, 1-088 and 1-115 on the land plans; and “REPL land” means that part of the Order land in the freehold ownership of REPL which, as at the date upon which this Order comes into force pursuant to article 1 (citation and commencement), are those plots identified as being in the freehold ownership of REPL in the book of reference. 109 Regardless of any provision in this Order or anything shown on the land plans, the undertaker must not acquire any apparatus within the REPL land otherwise than by agreement. 110 The undertaker must ensure that REPL is at liberty at all times to, except in the case of where to do so would, in the undertaker’s discretion, lead to adverse safety impacts— (a) take all necessary access across any street used to access the REPL facility (including any internal street), including in cases where that street has been temporarily stopped up under article 16 (temporary prohibition or restriction of use of streets, private means of access and public rights of way and authorising vehicular use on public rights of way) or is subject to any traffic regulation measure pursuant to article 20 (traffic regulation measures); and (b) execute and do all such works and things in, upon or under any such street (including any internal street) used to access the REPL facility, including in cases where that street has been temporarily stopped up under article 16 (temporary prohibition or restriction of use of streets, private means of access and public rights of way and authorising vehicular use on public rights of way), or is subject any traffic regulation measure pursuant to article 20 (traffic regulation measures), as may be reasonably necessary or desirable to enable it to maintain any apparatus which is in that street (including any internal street) used to access the REPL facility. 111 (1) If, in the exercise of the powers conferred by this Order, the undertaker— (a) acquires any interest in the REPL land in which any apparatus is placed or over which access to any apparatus is enjoyed; or (b) requires that REPL’s apparatus within the REPL land is relocated, diverted or removed, any right of REPL to any part of the REPL land and/or to maintain that apparatus in that land and to gain access to it must not be extinguished, and that apparatus must not be relocated, diverted or removed, until equivalent rights have been granted to REPL for alternative apparatus and equivalent alternative apparatus has vested in REPL and (in relation to apparatus) has been constructed and is in operation, and access to it has been provided. The location of equivalent alternative apparatus and rights for the equivalent alternative apparatus must in each case be agreed between the undertaker and REPL before any step is taken to extinguish, relocate, divert or remove as aforesaid. (2) If, for the purpose of executing any works in, on or under the REPL land, the undertaker requires the relocation, diversion or removal of any apparatus placed in the REPL land, the undertaker must give to REPL for approval written notice of that requirement, a plan and section of the work proposed and of the proposed position of the alternative apparatus together with a timetable for when the alternative apparatus is to be provided or constructed by the undertaker. (3) The approval of REPL under sub-paragraph (2) must not be unreasonably withheld or delayed and if by the end of the period of 28 days beginning with the date on which the notice, plan, section and timetable have been supplied to REPL, REPL has not intimated approval or disapproval of such notice, plan, section and timetable and the grounds of disapproval, REPL is deemed to have approved the said notice, plan, section and timetable as submitted. (4) When giving its approval under sub-paragraph (2), REPL may specify such reasonable requirements that are necessary in the provision or construction of the alternative apparatus. (5) In the event that REPL issues a disapproval to the notice, plan, section and timetable within the 28 day period referred to in sub-paragraph (3), the undertaker may refer the matter to arbitration in accordance with article 49 (arbitration). (6) Subject to sub-paragraph (8), any alternative apparatus to be provided or constructed pursuant to this paragraph must be provided or constructed by the undertaker within a timescale, to a standard and in such manner and in such line or situation as is agreed with REPL or in default of agreement settled by arbitration in accordance with article 49 (arbitration). (7) Where the alternative apparatus is to be provided or constructed on land of the undertaker and once the undertaker has provided or constructed the alternative apparatus, the undertaker must grant REPL the necessary rights to access and maintain the alternative apparatus on that land. (8) If in the approval to the notice, plan, section and timetable under sub-paragraph (2) or by the end of the period of 28 days beginning with the date on which the arbitrator settles the alternative apparatus to be provided or constructed, REPL gives notice to the undertaker that it desires to provide or construct the alternative apparatus and this is agreed to by the undertaker, (acting reasonably) REPL, after the grant to REPL of the rights as are referred to in sub-paragraph (9), must proceed without unnecessary delay to provide and 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) Where REPL is to provide or construct the alternative apparatus, and the alternative apparatus is to be provided or constructed on land of the undertaker, the undertaker must grant REPL the necessary rights to provide or construct the alternative apparatus on that land and grant REPL the necessary rights to access and maintain the alternative apparatus on that land. 112 (1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to REPL rights in land of the undertaker for the construction and maintenance of alternative apparatus in substitution for apparatus to be removed, those rights must be granted upon such terms and conditions as may be agreed between the undertaker and REPL or in default of agreement settled by arbitration in accordance with article 49 (arbitration). (2) If the rights to be afforded by the undertaker in respect of any alternative apparatus, and the terms and conditions subject to which those rights are to be granted, are in the opinion of the arbitrator materially less favourable on the whole to REPL than the rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those rights are subject, the arbitrator must make such provision for the payment of compensation by the undertaker to REPL as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case. 113 (1) Not less than 28 days before starting the execution of any works in, on or under the REPL land that may materially affect the operation of the REPL facility, the undertaker must submit to REPL for approval a plan, section and description of the works to be executed and a timetable for when such works are to be carried out. (2) The approval of REPL under sub-paragraph (1) must not be unreasonably withheld or delayed and if by the end of the period of 28 days beginning with the date on which the plan, section, description and timetable have been supplied to REPL, REPL has not intimated disapproval of such plan, section, description and timetable and the grounds of disapproval, REPL is deemed to have approved the said plan, section description and timetable as submitted. (3) When giving its approval under sub-paragraph (1), REPL may specify such reasonable requirements which in REPL’s opinion are necessary in the execution of the works. (4) The works described in sub-paragraph (1) must be executed only in accordance with the plan, section, description and timetable submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be given in accordance with sub-paragraph (3) by REPL. Where REPL reasonably 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 REPL’s reasonable satisfaction prior to the works described in sub-paragraph (1). (5) In the event that REPL issues a disapproval to the plan, section, description and timetable within the 28 day period referred to in sub-paragraph (1), the undertaker may refer the matter to arbitration in accordance with article 49 (arbitration). (6) 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. (7) The undertaker is not required to comply with sub-paragraph (1) in a case of emergency works (as defined in the 1991 Act) but in that case it must give to REPL 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-paragraphs (3) and (4) in so far as is reasonably practicable in the circumstances. 114 (1) Subject to the following provisions of this paragraph, the undertaker must repay to REPL the reasonable expenses incurred by REPL in, or in connection with, the inspection, removal, alteration or protection of any apparatus within the REPL land or the provision or construction of any alternative apparatus which REPL elects to carry out itself as referred to in paragraph 111(8). (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 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 49 (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 REPL by virtue of sub-paragraph (1) will 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 111(2); 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. (c) an amount which apart from this sub-paragraph would be payable to REPL 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 REPL 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. 115 Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and REPL in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made. 116 Where in consequence of the proposed construction or maintenance of any part of the authorised development, the undertaker or REPL requires the removal of apparatus or REPL makes requirements for the protection or alteration of apparatus, the undertaker shall use its reasonable endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution and maintenance of the authorised development and taking into account the need to ensure the safe and efficient operation of REPL’s undertaking and REPL shall use its reasonable endeavours to co-operate with the undertaker for that purpose. 117 If in consequence of any agreement reached or the powers granted under this Order the access to any apparatus is materially obstructed, the undertaker must provide such alternative means of access to such apparatus as will enable REPL to maintain or use the apparatus no less effectively than was possible before such obstruction. 118 (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 or in consequence of the construction, use, maintenance or failure of any part of the authorised development 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, use or maintenance, 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 development) or property of REPL, or there is any interruption in any service provided, or in the supply of any goods, by REPL, or REPL becomes liable to pay any amount to any third party, the undertaker will— (a) bear and pay on demand the cost reasonably incurred by REPL in making good such damage or restoring the supply; and (b) indemnify REPL for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from REPL, by reason or in consequence of any such damage or interruption or REPL becoming liable to any third party as aforesaid other than arising from any default of REPL. (2) The fact that any act or thing may have been done by REPL on behalf of the undertaker or in accordance with a plan approved by REPL or in accordance with any requirement of REPL or under its supervision will not (unless sub-paragraph (3) applies), excuse the undertaker from liability under the provisions of this sub-paragraph (1) unless REPL 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 as otherwise agreed between the undertaker and REPL. (3) Nothing in sub-paragraph (1) shall 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 REPL, its officers, servants, contractors or agents; and (b) any part of the authorised development and/or any other works authorised by this Part of this Schedule carried out by REPL, whether pursuant to article 9 (benefit of this Order) or as an assignee, transferee or lessee of a person with the benefit of the Order pursuant to section 156 (benefit of order granting development consent) of the Planning Act 2008 or article 10 (consent to transfer benefit of the Order) subject to the proviso that once such works become apparatus, any part of the authorised development yet to be executed and not falling within this sub-paragraph will be subject to the full terms of this Part of this Schedule including this paragraph. (4) REPL must give the undertaker reasonable notice of any such third party claim or demand and no settlement or compromise must, unless payment is required in connection with a statutory compensation scheme, be made without first consulting the undertaker and considering their representations. (5) REPL must use its reasonable endeavours to mitigate in whole or in part and to minimise any costs, expenses, loss, demands, and penalties to which the indemnity under this paragraph applies. If requested to do so by the undertaker, REPL shall provide an explanation of how the claim has been minimised. The undertaker shall only be liable under this paragraph for claims reasonably incurred by REPL. PART 9 FOR THE PROTECTION OF EACH RRRL ENTITY 119 For the protection of each RRRL Entity as referred to in this Part of this Schedule the following provisions have effect unless otherwise agreed in writing between the undertaker and the applicable RRRL Entity. 120 In this Part of this Schedule— “alternative apparatus” means alternative apparatus adequate to enable each RRRL Entity to fulfil its functions in a manner no less efficient than previously; “apparatus” means any electric cables, electrical plant, drains, mains, sewers, pipes, conduits or any other apparatus belonging to or maintained by any RRRL Entity and used for, or for purposes connected with, waste treatment and disposal and the generation, transmission, distribution or supply of electricity and/or heat generated at the RRRL facility and includes any structure in which apparatus is or will be lodged or which gives or will give access to apparatus; “authorised development” has the same meaning as in article 2 (interpretation) of this Order; “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, across, along or upon such land; “internal street” means any roads that service the RRRL facility and which are located within the RRRL facility perimeter; “plan” or “plans” include all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe and assess the works to be executed; “RRRL facility” means the energy from waste facility and associated infrastructure known operated at the date of this Order by RRRL at Norman Road, Belvedere, Bexley, Kent; “RRRL facility perimeter” means that part of the Order land identified as plots 1-008, 1-009, 1-019, 1-032, 1-034, 1-035, 1-037, 1-039, 1-040, 1-043, 1-045, 1-048, 1-049, 1-051, 1-052, 1-054, 1-055, 1-056, 1-058, 1-059, 1-060, 1-061, 1-062, 1-063, 1-064, 1-065, 1-066, 1-067, 1-069, 1-071, 1-073, 1-074, 1-075, 1-076, 1-077, 1-078, 1-079, 1-080, 1-084, 1-086, 1-087, 1-091, 1-096, 1-105, 1-109 and 1-112 on the land plans; and “RRRL land” means that part of the Order land in the freehold ownership of RRRL which, as at the date upon which this Order comes into force pursuant to article 1 (citation and commencement), are those plots identified as being in the freehold ownership of RRRL in the book of reference. 121 Regardless of any provision in this Order or anything shown on the land plans, the undertaker must not acquire any apparatus within the RRRL land otherwise than by agreement. 122 The undertaker must ensure that each RRRL Entity is at liberty at all times to, except in the case of where to do so would, in the undertaker’s discretion, lead to adverse safety impacts— (a) take all necessary access across any street used to access the RRRL facility (including any internal street), including in cases where that street has been temporarily stopped up under article 16 (temporary prohibition or restriction of use of streets, private means of access and public rights of way and authorising vehicular use on public rights of way) or is subject any traffic regulation measure pursuant to article 20 (traffic regulation measures); and (b) execute and do all such works and things in, upon or under any such street (including any internal street) used to access the RRRL facility, including in cases where that street has been temporarily stopped up under article 16 (temporary prohibition or restriction of use of streets, private means of access and public rights of way and authorising vehicular use on public rights of way), or is subject any traffic regulation measure pursuant to article 20, as may be reasonably necessary or desirable to enable it to maintain any apparatus which is in that street (including any internal street) used to access the RRRL facility. 123 (1) If, in the exercise of the powers conferred by this Order, the undertaker— (a) acquires any interest in the RRRL land in which any apparatus is placed or over which access to any apparatus is enjoyed; or (b) requires that any RRRL Entity’s apparatus within the RRRL land is relocated, diverted or removed, any right of a RRRL Entity to any part of the RRRL land and/or to maintain that apparatus in that land and to gain access to it must not be extinguished, and that apparatus must not be relocated, diverted or removed, until equivalent rights have been granted to each RRRL Entity for alternative apparatus and equivalent alternative apparatus has vested in the applicable RRRL Entity and (in relation to apparatus) has been constructed and is in operation, and access to it has been provided to each RRRL Entity. The location of equivalent alternative apparatus and rights for the equivalent alternative apparatus must in each case be agreed between the undertaker and each RRRL Entity before any step is taken to extinguish, relocate, divert or remove as aforesaid. (2) If, for the purpose of executing any works in, on or under the RRRL land, the undertaker requires the relocation, diversion or removal of any apparatus placed in the RRRL land, the undertaker must give to each RRRL Entity for approval written notice of that requirement, a plan and section of the work proposed and of the proposed position of the alternative apparatus together with a timetable for when the alternative apparatus is to be provided or constructed by the undertaker. (3) The approval of each RRRL Entity under sub-paragraph (2) must not be unreasonably withheld or delayed and if by the end of the period of 28 days beginning with the date on which the notice, plan, section and timetable have been supplied to each RRRL Entity, a RRRL Entity has not intimated approval or disapproval of such notice, plan, section and timetable and the grounds of disapproval, such RRRL Entity is deemed to have approved the said notice, plan, section and timetable as submitted. (4) When giving its approval under sub-paragraph (2), each RRRL Entity may specify such reasonable requirements that are necessary in the provision or construction of the alternative apparatus. (5) In the event that any RRRL Entity issues a disapproval to the notice, plan, section and timetable within the 28 day period referred to in sub-paragraph (3), the undertaker may refer the matter to arbitration in accordance with article 49 (arbitration). (6) Subject to sub-paragraph (8), any alternative apparatus to be provided or constructed pursuant to this paragraph must be provided or constructed by the undertaker within a timescale, to a standard and in such manner and in such line or situation as is agreed with each RRRL Entity or in default of agreement settled by arbitration in accordance with article 49 (arbitration). (7) Where the alternative apparatus is to be provided or constructed on land of the undertaker and once the undertaker has provided or constructed the alternative apparatus, the undertaker must grant each RRRL Entity the necessary rights to access and maintain the alternative apparatus on that land. (8) If in the approval to the notice, plan, section and timetable under sub-paragraph (2) or by the end of the period of 28 days beginning with the date on which the arbitrator settles the alternative apparatus to be provided or constructed, a RRRL Entity gives notice to the undertaker that it desires to provide or construct the alternative apparatus and this is agreed to by the undertaker, (acting reasonably) such RRRL Entity, after the grant to such RRRL Entity of the rights as are referred to in sub-paragraph (9), must proceed without unnecessary delay to provide and 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) Where a RRRL Entity is to provide or construct the alternative apparatus, and the alternative apparatus is to be provided or constructed on land of the undertaker, the undertaker must grant such RRRL Entity the necessary rights to provide or construct the alternative apparatus on that land and grant each RRRL Entity the necessary rights to access and maintain the alternative apparatus on that land. 124 (1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to RRRL rights in land of the undertaker for the construction and maintenance of alternative apparatus in substitution for apparatus to be removed, those rights must be granted upon such terms and conditions as may be agreed between the undertaker and each RRRL Entity or in default of agreement settled by arbitration in accordance with article 49 (arbitration). (2) If the rights to be afforded by the undertaker in respect of any alternative apparatus, and the terms and conditions subject to which those rights are to be granted, are in the opinion of the arbitrator materially less favourable on the whole to a RRRL Entity than the rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those rights are subject, the arbitrator must make such provision for the payment of compensation by the undertaker to such RRRL Entity as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case. 125 (1) Not less than 28 days before starting the execution of any works in, on or under the RRRL land that may materially affect the operation of the RRRL facility, the undertaker must submit to each RRRL Entity for approval a plan, section and description of the works to be executed and a timetable for when such works are to be carried out. (2) The approval of each RRRL Entity under sub-paragraph (1) must not be unreasonably withheld or delayed and if by the end of the period of 28 days beginning with the date on which the plan, section, description and timetable have been supplied to a RRRL Entity, such RRRL Entity has not intimated disapproval of such plan, section, description and timetable and the grounds of disapproval, such RRRL Entity is deemed to have approved the said plan, section description and timetable as submitted. (3) When giving its approval under sub-paragraph (1), a RRRL Entity may specify such reasonable requirements which in such RRRL Entity’s opinion are necessary in the execution of the works. (4) The works described in sub-paragraph (1) must be executed only in accordance with the plan, section, description and timetable submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be given in accordance with sub-paragraph (3) by the RRRL Entity. Where a RRRL Entity reasonably 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 such RRRL Entity’s reasonable satisfaction prior to the works described in sub-paragraph (1). (5) In the event that a RRRL Entity issues a disapproval to the plan, section, description and timetable within the 28 day period referred to in sub-paragraph (1), the undertaker may refer the matter to arbitration in accordance with article 49 (arbitration). (6) 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. (7) The undertaker is not required to comply with sub-paragraph (1) in a case of emergency works (as defined in the 1991 Act) but in that case it must give to each RRRL Entity 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-paragraphs (3) and (4) in so far as is reasonably practicable in the circumstances. 126 (1) Subject to the following provisions of this paragraph, the undertaker must repay to each RRRL Entity the reasonable expenses incurred by such RRRL Entity in, or in connection with, the inspection, removal, alteration or protection of any apparatus within the RRRL land or the provision or construction of any alternative apparatus which such RRRL Entity elects to carry out itself as referred to in paragraph 123(8). (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 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 49 (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 a RRRL Entity by virtue of sub-paragraph (1) will 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 123(2); 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 RRRL Entity 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 a RRRL Entity 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. 127 Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and any RRRL Entity in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made. 128 Where in consequence of the proposed construction or maintenance of any part of the authorised development, the undertaker or any RRRL Entity requires the removal of apparatus or any RRRL Entity makes requirements for the protection or alteration of apparatus, the undertaker shall use its reasonable endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution and maintenance of the authorised development and taking into account the need to ensure the safe and efficient operation of each RRRL Entity’s undertaking and each RRRL Entity shall use its reasonable endeavours to co-operate with the undertaker for that purpose. 129 If in consequence of any agreement reached or the powers granted under this Order the access to any apparatus is materially obstructed, the undertaker must provide such alternative means of access to such apparatus as will enable each RRRL Entity to maintain or use the apparatus no less effectively than was possible before such obstruction. 130 (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 or in consequence of the construction, use, maintenance or failure of any part of the authorised development 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, use or maintenance, 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 development) or property of any RRRL Entity, or there is any interruption in any service provided, or in the supply of any goods, by any RRRL Entity, or any RRRL Entity becomes liable to pay any amount to any third party, the undertaker will— (a) bear and pay on demand the cost reasonably incurred by such RRRL Entity in making good such damage or restoring the supply; and (b) indemnify such RRRL Entity for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from such RRRL Entity, by reason or in consequence of any such damage or interruption or such RRRL Entity becoming liable to any third party as aforesaid other than arising from any default of such RRRL Entity. (2) The fact that any act or thing may have been done by a RRRL Entity on behalf of the undertaker or in accordance with a plan approved by such RRRL Entity or in accordance with any requirement of such RRRL Entity or under its supervision will not (unless sub-paragraph (3) applies), excuse the undertaker from liability under the provisions of this sub-paragraph (2) unless such RRRL Entity 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 as otherwise agreed between the undertaker and such RRRL Entity. (3) Nothing in sub-paragraph (1) shall 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 such RRRL Entity, its officers, servants, contractors or agents; and (b) any part of the authorised development and/or any other works authorised by this Part of this Schedule carried out by such RRRL Entity whether pursuant to article 9 (benefit of this Order) or as an assignee, transferee or lessee of a person with the benefit of the Order pursuant to section 156 (benefit of order granting development consent) of the Planning Act 2008 or article 10 (consent to transfer benefit of the Order) subject to the proviso that once such works become apparatus, any part of the authorised development yet to be executed and not falling within this sub-section 130(3)(b) will be subject to the full terms of this Part of this Schedule including this paragraph 130. (4) Each RRRL Entity must give the undertaker reasonable notice of any such third party claim or demand and no settlement or compromise must, unless payment is required in connection with a statutory compensation scheme, be made without first consulting the undertaker and considering their representations. (5) Each RRRL Entity must use its reasonable endeavours to mitigate in whole or in part and to minimise any costs, expenses, loss, demands, and penalties to which the indemnity under this paragraph 130 applies. If requested to do so by the undertaker, the applicable RRRL Entity shall provide an explanation of how the claim has been minimised. The undertaker shall only be liable under this paragraph 130 for claims reasonably incurred by a RRRL Entity.

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SCHEDULE 13 DOCUMENTS AND PLANS TO BE CERTIFIED

Article 46 (1) Document name | (2) Document reference | (3) Revision number | (4) Date access and rights of way plan | 2.4 | P03 | September 2024 book of reference | 4.3 | Rev H | May 2025 design principles and design code | 5.7 | Rev E | March 2025 environmental statement | environmental statement 6.1 (excluding chapters 2, 4, 5, 7, 8, 9, 11, 14, 19, 21 and 22) | Rev A | March 2024 environmental statement 6.1 Chapter 2 | Rev B | April 2025 environmental statement 6.1 Chapter 4 | Rev B | April 2025 environmental statement 6.1 Chapter 5 | Rev B | April 2025 environmental statement 6.1 Chapter 7 | Rev B | April 2025 environmental statement 6.1 Chapter 8 | Rev B | April 2025 environmental statement 6.1 Chapter 9 | Rev B | April 2025 environmental statement 6.1 Chapter 11 | Rev B | April 2025 environmental statement 6.1 Chapter 14 | Rev B | April 2025 environmental statement 6.1 Chapter 19 | Rev B | April 2025 environmental statement 6.1 Chapter 21 | Rev B | April 2025 environmental statement 6.1 Chapter 22 | Rev B | April 2025 environmental statement 6.2 (excluding figures 3.3, 7.4, 7.10 and 11.2) | Rev A | March 2024 environmental statement 6.2 (figure 3.3) | Rev B | September 2024 environmental statement 6.2 (figure 7.4) | Rev B | April 2025 environmental statement 6.2 (figure 7.10) | Rev B | April 2025 environmental statement 6.2 (figure 11.2) | Rev B | April 2025 environmental statement 6.3 (excluding appendices 2.1, 4.2, 5.2, 5.3, 5.4, 7.8, 7.9, 10.4, 11.1, 11.2, 11.4 and 19.1) | Rev A | March 2024 environmental statement 6.3 (appendix 2.1) | Rev C | February 2025 environmental statement 6.3 (appendix 4.2) | Rev B | April 2025 environmental statement 6.3 (appendix 5.2) | Rev B | April 2025 environmental statement 6.3 (appendix 5.3) | Rev B | April 2025 environmental statement 6.3 (appendix 5.4) | Rev B | April 2025 environmental statement 6.3 (appendix 7.8) | Rev B | April 2025 environmental statement 6.3 (appendix 7.9) | Rev B | April 2025 environmental statement 6.3 (appendix 11.1) | Rev B | April 2025 environmental statement 6.3 (appendix 11.2) | Rev B | September 2024 environmental statement 6.3 (appendix 11.4) | Rev B | April 2025 environmental statement 6.3 (appendix 19.1) | Rev E | April 2025 environmental statement 6.3 (appendix 10.4) | Rev B | January 2025 extended crossness local nature reserve plan | 2.9 | P04 | January 2025 flood risk assessment | 6.3 Appendix 11.2 | Rev B | September 2024 framework construction traffic management plan | 7.7 | Rev E | March 2025 land plans | 2.2 | P05 | February 2025 mitigation schedule | 7.8 | Rev B | November 2024 outline landscape, biodiversity, access and recreation delivery strategy | 7.9 | Rev H | October 2025 outline code of construction practice | 7.4 | Rev E | March 2025 outline drainage strategy | 7.2 | Rev C | April 2025 outline emergency preparedness and response plan | 7.11 | Rev C | April 2025 outline lighting strategy | 7.3 | Rev B | March 2025 outline site waste management plan | 7.10 | Rev B | April 2025 outline skills and employment plan | 9.15 | Rev A | December 2024 preliminary navigation risk assessment | 6.3 Appendix 19.1 | Rev E | April 2025 traffic regulation measures plan | 2.6 | P03 | September 2024 works plans | 2.3 | P08 | April 2025

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SCHEDULE 14 PROCEDURE IN RELATION TO CERTAIN APPROVALS ETC.

Article 48 Interpretation 1 In this Schedule— “the appeal parties” means the relevant authority, the undertaker and any requirement consultees; “business day” means a day other than a Saturday or Sunday which is not Christmas Day, Good Friday or a bank holiday under section 1 of the Banking and Financial Dealings Act 1971; “relevant authority” means the relevant planning authority, relevant highway authority, relevant traffic authority, relevant street authority, or the owner of a watercourse, sewer or drain as may be appropriate to the consent, agreement or approval sought; and “requirement consultee” means any body named in a requirement as a body to be consulted by the relevant planning authority in discharging that requirement. Applications made for consent, agreement or approval 2 (1) Subject to article 48(2) (procedures in relation to certain approvals etc.), where an application has been made to the relevant authority for any consent, agreement or approval required or contemplated by any provisions of this Order, including— (a) consent, agreement or approval in respect of part of a requirement; (b) any consent, agreement or approval required by any of the documents listed in Schedule 13 (documents and plans to be certified); (c) documents approved pursuant to a requirement; or (d) consent sought under section 61 (prior consent for work on construction sites) of the Control of Pollution Act 1974, the relevant authority must give notice to the undertaker of its decision on the application within a period of nine weeks beginning with— (i) the day immediately following that on which the application is received by the relevant authority; (ii) the day immediately following that on which further information has been supplied by the undertaker under paragraph 3; or (iii) such longer period as may be agreed in writing by the undertaker and the relevant authority. (2) Subject to sub-paragraph (4), in the event that the relevant authority does not determine an application within the period set out in sub-paragraph (1), the relevant authority is to be taken to have granted all parts of the application (without any condition or qualification) at the end of that period. (3) Where an application is made to the relevant authority for any consent, agreement or approval required by a requirement included in this Order, it must be accompanied by a report which states whether the subject matter of the application will give rise to any materially new or materially different environmental effects to those identified in the environmental statement. (4) Where an application has been made to the relevant authority for any consent, agreement or approval required by a requirement included in this Order, and— (a) the relevant authority does not determine the application within the period set out in sub-paragraph (1) and such application is accompanied by a report which states that the subject matter of such application is likely to give rise to any materially new or materially different environmental effects to those in the environmental statement; or (b) the relevant authority determines during the period set out in sub-paragraph (1) that it considers that the subject matter of such application will give rise to any materially new or materially different environmental effects to those in the environmental statement, the application is to be taken to have been refused by the relevant 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 authority has the right to 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 authority considers such further information to be necessary and the provision of the Order governing or requiring the application does not specify that consultation with a requirement consultee is required, the relevant authority must, within ten business days of receipt of the application, notify the undertaker in writing specifying the further information required. (3) If the provision of the Order governing or requiring the application specifies that consultation with a requirement consultee is required, the relevant authority must issue the consultation to the requirement consultee within five business days of receipt of the application, and must notify the undertaker in writing specifying any further information requested by the requirement consultee within five business days of receipt of such a request and in any event within ten business days of receipt of the application. (4) In the event that the relevant authority does not give notification as specified in sub-paragraph (2) or (3) it is to be deemed to have sufficient information to consider the application and is not subsequently entitled to request further information without the prior agreement of the undertaker. Anticipatory steps towards compliance with any requirement 4 If before the coming into force of this Order the undertaker or any other person has taken any steps that were intended to be steps towards compliance with any provision of Schedule 2, those steps may be taken into account for the purpose of determining compliance with that provision if they would have been valid steps for that purpose had they been taken after this Order came into force. Appeals 5 (1) The undertaker may appeal in the event that— (a) the relevant authority refuses (including a deemed refusal pursuant to paragraph 2(4)) an application for any consent, agreement or approval referred to in paragraph 2 of this Schedule 14 or grants it subject to conditions; (b) the relevant authority refuses an application for a permit under a permit scheme, or grants such a permit subject to conditions; (c) the relevant authority issues a notice to the undertaker under section 60 (control of noise on construction sites) of the Control of Pollution Act 1974; (d) 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 authority is not necessary for consideration of the application; or (e) on receipt of any further information requested, the relevant 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. (2) The appeal process is to be as follows— (a) any appeal by the undertaker must be made within 42 days of the date of the notice of the decision or determination or request, or (where paragraph 2(4) applies) expiry of the decision period as determined under paragraph 2(1); (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 appeal parties; (c) as soon as is practicable following receipt of the appeal documentation, the Secretary of State is to appoint a person to determine the appeal (“the appointed person”) and must notify the appeal parties of the identity of the appointed person and the address to which all correspondence for that person’s attention must be sent, the date of such notification being the “start date” for the purposes of this sub-paragraph (2); (d) the relevant authority and any requirement consultee must submit written representations to the appointed person in respect of the appeal within ten business 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 appeal parties must make any counter-submissions to the appointed person within ten business days of receipt of written representations pursuant to sub-paragraph (d); and (f) the appointed person must decide the appeal and notify the appeal parties of the decision, with reasons, as soon as reasonably practicable and in any event within 30 business days of the deadline for the receipt of counter-submissions pursuant to sub-paragraph (e). (3) The appointment of the person pursuant to sub-paragraph (2)(c) may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State. (4) If the appointed person considers that further information is necessary to enable consideration of the appeal the appointed person must, within five business days of his appointment, notify the appeal parties in writing specifying the further information required, the appeal part from whom the information is sought, and the date by which the information is to be submitted. (5) Any further information required pursuant to sub-paragraph (4) is to be provided by the party from whom the information is sought to the appointed person and to the other appeal parties by 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 ten business days of the specified date but otherwise is to be in accordance with the process and time limits set out in sub-paragraphs (2)(d) to (2)(f). (6) On an appeal under this paragraph, the appointed person may— (a) allow or dismiss the appeal, or (b) reverse or vary any part of the decision of the relevant 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 the appointed person in the first instance. (7) The appointed person may proceed to a decision on an appeal taking into account only such written representations as have been sent within the prescribed time limits, or set by the appointed person, under this paragraph. (8) The appointed person may proceed to a decision even though no written representations have been made within the prescribed time limits, if it appears to him that there is sufficient material to enable a decision to be made on the merits of the case. (9) The decision of the appointed person on an appeal is to be final and binding on the appeal parties, and a court may entertain proceedings for questioning the decision only if the proceedings are brought by a claim for judicial review. (10) If an approval is given by the appointed person pursuant to this Schedule, it is deemed to be an approval for the purpose of any consent, agreement or approval required under the Order or for the purpose of Schedule 2 (requirements) as if it had been given by the relevant authority. The relevant 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 give it in identical form) is not to be taken to affect or invalidate the effect of the appointed person’s determination. (11) The appointed person may or may not be a member of the Planning Inspectorate but must be a qualified town planner of at least ten years’ experience. (12) Save where a direction is given pursuant to sub-paragraph (13) requiring the costs of the appointed person to be paid by the relevant authority, the reasonable costs of the appointed person must be met by the undertaker. (13) On application by the relevant 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 Planning Practice Guidance: Appeals (March 2014), published by the Ministry of Housing, Communities & Local Government, or any circular or guidance which may from time to time replace it. Application to protective provisions 6 Nothing in this Schedule applies to any consent, agreement or approval required or contemplated by Schedule 12 (protective provisions) or article 23(6) (protective works to buildings).

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SCHEDULE 15 ARBITRATION RULES

Article 49 Commencing an arbitration 1 (1) The primary objective of these arbitration rules is to achieve a fair, impartial, final and binding award on the substantive difference between the parties (save as to costs) within four months from the date the arbitrator is appointed pursuant to article 49 of this Order (arbitration). (2) The arbitration is deemed to have commenced when a party (“the claimant”) serves a written notice of arbitration on the other party (“the respondent”). Time periods 2 (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 3 (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 5(3). (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; (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 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; (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 seven 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 4 (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 must 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 seven 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 ten 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 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 must 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. (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 5 (1) The arbitrator has all the powers of the Arbitration Act 1996, save where modified in this Schedule. (2) There must be no discovery or disclosure, except that the arbitrator has the power to order the parties to produce such documents as are reasonably requested by another party no later than the statement of reply, or by the arbitrator, where the documents are manifestly relevant, specifically identified and the burden of production is not excessive. Any application and orders are to be made by way of a Redfern Schedule without any hearing. (3) 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; (b) only for such a period that is necessary to achieve fairness between the parties. (4) On the date the award is made, the arbitrator will notify the parties that the award is completed, signed and dated, and that it is to be issued to the parties on receipt of cleared funds for the arbitrator’s fees and expenses. Costs 6 (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. (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 award recoverable costs on the general principle that each party should bear its own costs, 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 7 (1) Hearings in this arbitration are to take place in private. (2) Materials, documents, awards, expert reports and any matters relating to the arbitration are confidential and must not be disclosed to any third party without prior written consent of the other party, save for any application to the courts or where disclosure is required under any legislative or regulatory requirement.

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SCHEDULE 16 DESIGN PARAMETERS

Schedule 2, Paragraph 4 (1) Component/Building/Area | (2) Works Area | (3) Maximum Number | (4) Maximum Height (m) of Component/ Building/ Area | (5) Maximum Height (m) | (6) Further Parameters Direct Contact Cooler | 1A | 2 | 30 | 33 Above Ordnance Datum | - Absorber Column(s) and Stack(s) | 1B | 2 combined Absorber Columns and Stacks or a maximum of 2 Absorber Columns and 2 Stacks | 110 | 113 Above Ordnance Datum | Minimum vertical distance between top of Absorber Column(s) and top of Stack(s) whether combined or separate – 30m Minimum height of the top of Stack(s) – 100m from development platform as built Where there are 2 Stacks: Maximum internal diameter of Stack associated with Riverside 1: 3.1m Maximum internal diameter of Stack associated with Riverside 2: 2.5m Where there is 1 Stack: Maximum internal diameter of Stack: 4.0m Regenerator | 1A | 2 | 60 | 63 Above Ordnance Datum | - Compression Plant | 1C | 2 | 45 | 48 Above Ordnance Datum | - CO2 Dehydration | 1C | 2 | 25 | 28 Above Ordnance Datum | - CO2 Liquefaction | 1C | 2 | 30 | 33 Above Ordnance Datum | - CO2 Vents | 1C | 2 | 45 | 48 Above Ordnance Datum | - LCO₂ Buffer Storage Area | 1D | 16 | 45 | 48 Above Ordnance Datum | - Hybrid or Dry Cooling Tower | 1E | 2 | 32 | 35 Above Ordnance Datum | - Water Treatment Plant and Wastewater Treatment Plant | 1E | 2 | 20 | 23 Above Ordnance Datum | - Back Pressure Turbine and Generator | 1A | 2 | 35 | 38 Above Ordnance Datum | - Insulated heat pipework and flue gas ducting | 2A(ii) and 2b(i) | - | 30 | 33 Above Ordnance Datum | - Loading platform (not including topside infrastructure and equipment) | 4C | 1 | - | 11.5 Above Chart Datum | Maximum length of 40 metres Maximum width of 50 metres Breasting Dolphins | 4B | 4 | - | 11.5 Above Chart Datum | - Mooring Dolphins | 4B | 6 | - | 11.5 Above Chart Datum | Maximum length of 7 metres Maximum width of 7 metres Access Trestle Start Point (not including topside infrastructure and equipment) | 4B | 1 | - | 20 Above Ordnance Datum | Maximum length of 335 metres Maximum width of 10 metres LCO2 pipelines, piperacks and pipe bridges | 5 | - | 30 | 33 Above Ordnance Datum | -

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