Legislation – The Five Estuaries Offshore Wind Farm Order 2025

New Search

Introduction

PART 1
Preliminary

1 Citation and commencement

2 Interpretation

PART 2
Principal Powers

3 Development consent etc. granted by the Order

4 Operation of generating station

5 Deemed marine licences under the 2009 Act

6 Power to maintain the authorised development

7 Benefit of the Order

8 Application and modification of legislative provisions

9 Defence to proceedings in respect of statutory nuisance

PART 3
Streets

10 Street works

11 Application of the 1991 Act

12 Construction and maintenance of new or altered highway

13 Temporary closure of public rights of way

14 Temporary restriction of use of streets

15 Access to works

16 Traffic regulation

17 Power to alter layout etc. of streets

PART 4
Supplemental powers

18 Discharge of water

19 Authority to survey and investigate the land

20 Protective work to buildings

PART 5
Powers of acquisition

21 Compulsory acquisition of land

22 Time limit for exercise of authority to acquire land compulsorily

23 Compulsory acquisition of rights

24 Compulsory acquisition of land: minerals

25 Private rights

26 Application of the 1981 Act

27 Acquisition of subsoil only

28 Modification of Part 1 of the 1965 Act

29 Rights under or over streets

30 Temporary use of land for carrying out the authorised development

31 Temporary use of land for maintaining the authorised development

32 Statutory undertakers

33 Recovery of costs of new connections

34 Funding

PART 6
Miscellaneous and general

35 Application of landlord and tenant law

36 Felling or lopping of trees and removal of hedgerows

37 Trees subject to tree preservation orders

38 Abatement of works abandoned or decayed

39 Saving provisions for Trinity House

40 Crown rights

41 Protective provisions

42 Application of the 1990 Act

43 Certification of plans, etc.

44 Service of notices

45 No double recovery

46 Requirements

47 Arbitration

48 Compensation

SCHEDULES

SCHEDULE 1 Authorised development

SCHEDULE 2 Requirements

SCHEDULE 3 Streets subject to street works

SCHEDULE 4 Traffic Regulation

SCHEDULE 5 Access to works

SCHEDULE 6 Land of which temporary possession may be taken

SCHEDULE 7 Land in which only new rights etc. may be acquired

SCHEDULE 8 Modification of compensation and compulsory purchase enactments for creation of new rights and imposition of restrictive covenants

SCHEDULE 9 Protective provisions

SCHEDULE 10 Deemed marine licence – Generation Assets

SCHEDULE 11 Deemed marine licence – Transmission Assets

SCHEDULE 12

SCHEDULE 13 Compensation

SCHEDULE 14 Arbitration rules

SCHEDULE 15 Documents to be certified

SCHEDULE 16 Offshore co-ordinates

Signature

Explanatory note

SCHEDULE 7Land in which only new rights etc. may be acquired

Article 23

In the District of Tendring—

(1) Number of plot shown on land plans (onshore)

(2) Purpose for which rights may be acquired

01-007

01-008

01-009

01-010

01-011

01-012

02-001

02-001A

02-004

02-005

02-008

02-009

02-010

03-001

03-003

03-011

03-014

04-001

04-003

04-004

04-007

04-020

05-001

05-002

05-013

05-019

05-020

05-024

06-010

06-011

06-017

07-007

07-011

08-008

08-011

08-012

08-013

08-014

08-019

08-020

08-021

08-022

08-026

09-008

09-010

09-013

09-014

09-017

09-020

09-024

10-001

10-010

10-011

10-013

11-001

11-006

11-008

11-009

11-012

12-004

12-013

13-007

13-008

13-022

13-023

14-001

14-004

14-030

14-031

14-037

14-038

14-039

14-040

14-041

14-044

14-045

14-046

16-004

16-008

16-009

16-012

16-013

16-014

16-020

16-021

17-001

17-002

17-010

17-011

Cable rights and restrictive covenants

Cable rights

Rights for the purposes of the construction, installation, operation, maintenance and decommissioning of the authorised development to—

(a)

lay down, install, retain, adjust, alter, construct, operate, erect, use, maintain, repair, renew, upgrade, inspect, remove and replace the electricity cables (including the removal of materials including spoil) in, under, over and/or on the land, together with such telemetry and fibre-optic lines, ducting, jointing bays and other apparatus, protection measures, cable marker posts, chambers and manholes, manhole covers and other equipment which is ancillary to the purposes of transmitting electricity along such electricity cables (all collectively referred to as the “cables”), and in doing so, to use or resort to trenchless installation techniques including (but not limited to) directional drilling beneath sea defences, watercourses, existing infrastructure, highways and railways;

(b)

lay down, install, retain, adjust, alter, construct, operate, erect, use, maintain, repair, renew, upgrade, inspect, remove and replace the additional ducts for electricity cables (including the removal of materials including spoil) in, under, over and/or on the land, allow the installation and use of electrical cables in the additional ducts, together with such telemetry and fibre-optic lines, ducting, jointing bays and other apparatus, protection measures, cable marker posts, chambers and manholes, manhole covers and other equipment which is ancillary to the purposes of transmitting electricity along such electricity cables (all collectively referred to as the “cables”), and in doing so, to use or resort to trenchless installation techniques including (but not limited to) directional drilling beneath sea defences, watercourses, existing infrastructure, highways and railways;

(c)

enter, be on, and break open and break up the surface of the land and remain with or without plant, vehicles, machinery, apparatus and equipment which is ancillary to the purposes of installing, operating and maintaining the cables or additional ducts, transmitting electricity along the cables or use of electrical infrastructure and the cables;

(d)

to benefit from continuous vertical and lateral support for the authorised development;

(e)

pass and re-pass with or without vehicles, plant, machinery, apparatus, equipment and materials for the purposes of laying down, installing, adjusting, altering, constructing, using, maintaining, repairing, renewing, upgrading, inspecting, removing and replacing the electrical infrastructure and cables, including the right to use, maintain, renew improve and alter existing accesses, roads, streets, tracks or ways over the land, providing that such use is not exclusive and exercise of this right must not prevent or unreasonably inhibit use by other parties;

(f)

construct and install and thereafter use the land for all necessary purposes for the commissioning, construction, repair, testing and maintenance of the cables in, on or under the land;

(g)

place and use plant, machinery, structures and temporary structures within the land for the purposes of the installation, construction, maintenance, repairing, renewing, upgrading, inspecting, removal and replacing of the ducting, electrical infrastructure and cables, and to erect temporary signage and provide measures for the benefit of public and personnel safety;

(h)

erect temporary bridges and supporting or protective structures for the purposes of access to adjoining land and highway;

(i)

erect fencing, gates, walls, barriers or other means of enclosure, and create secure working areas and compounds including trenchless installation technique compounds and working areas;

(j)

construct, lay down, use and remove temporary access roads including any necessary hard standing and other surface materials including (but not limited to) matting, aggregate, trackway, stone, tarmacadam, terram, temporary bridging, culverting or diversion of water courses and drains during any period during which construction, maintenance, repair or renewal is being carried out;

(k)

effect access and egress to and from the highway;

(l)

make such investigations in or on the land as required;

(m)

alter, fell, lop or cut, coppice wood, uproot, replant trees, hedges, shrubs or other vegetation which now or hereafter may be standing on the land or other land which would if not felled, lopped, cut or removed would obstruct or interfere with the operation of the cables and ancillary equipment including ducting;

(n)

to take and use, remove and discharge water from the land, and to lay down, install, retain, use, maintain, inspect, adjust, alter, remove, refurbish, reconstruct, upgrade, replace, protect and improve sewers, drains, pipes, ducts, mains, conduits, flues and to drain into and manage waterflows in any drains, watercourses and culverts, install, retain, use, inspect, maintain, adjust, alter, renew, repair, test or cleanse drainage schemes on the land or reinstate the any existing drainage scheme on the land;

(o)

install, alter, re-lay, maintain, protect, adjust or remove pipes, cables or conduits or apparatus including but not limited to electricity poles, electricity pylons, electricity masts, overhead electricity lines, telecommunications cables and any ancillary equipment and apparatus public and private drains, watercourses, sewers, ponds or culverts, service media (including the pipes, cables or conduits or apparatus of statutory undertakers and providing connection to the authorised development);

(p)

erect and remove temporary fencing, gates, walls, barriers or other means of enclosure, remove fences and structures within the land during any period during which construction, maintenance, repair or renewal is being carried out (subject to erection of any temporary stock-proof fencing as is reasonably required and the re-instatement or suitable replacement of the fences or structures following the end of each period of exercise of the rights);

(q)

store and stockpile materials (including excavated material);

(r)

create boreholes and trial excavation pits for the purposes of intrusively surveying the land and monitoring the use of any trenchless installation technique, to keep in place and monitor the same through construction, maintenance repair, replacement or decommissioning and to reinstate the land;

(s)

to excavate materials below ground level, including soils, and to store and re-use or dispose of the same, and in so excavating to undertake any works, including works of protection or removal of archaeological remains as may be required by any written scheme of investigation approved under this Order;

(t)

lay out temporary paths and bridleways for public use as temporary diversions for public rights of way which are interfered with during any period in which construction, maintenance, repair or renewal decommissioning is being carried out;

(u)

to install, execute, implement, retain, repair, improve, renew, relocate, maintain and carry out mitigation, maintenance, remediation works for environmental or ecological mitigation or enhancement works, including temporary works for noise alleviation measures and the installation of temporary barriers for the protection of fauna;

(v)

carry out such works (together with associated fencing) required by a planning permission and/or consent now or to be granted over the land and/or in accordance with any necessary licences relating to protected species and/or wildlife;

(w)

lay out and maintain temporary paths and bridleways for public use as temporary diversions for public rights of way which are interfered with during any period in which construction, maintenance, repair or renewal decommissioning is being carried out; and

(x)

(in an emergency only when the cables are temporarily unusable) to lay down, install, use, maintain and inspect underground cables, telephone signalling and fibre-optic cables and ancillary equipment, associated works and other conducting media together with conduits or pipes for containing the same in and under the land.

Restrictive covenants

A restrictive covenant over the land for the benefit of the remainder of the Order land to—

(a)

prevent anything to be done in or upon the land or any part thereof for the purpose of the erection of any buildings or construction erection or works of any kind (including the base, substructure or footings thereto);

(b)

prevent anything to be done by way of hard surfacing of the land with concrete of any kind or with any other material or surface whatsoever without the consent in writing of the undertaker (such consent not to be unreasonably withheld or delayed if the proposed surfacing would not cause damage to relevant part of the authorised development nor make it materially more difficult or expensive to maintain the authorised development);

(c)

to prevent anything to be done by way of excavation of any kind in the land nor any activities which may obstruct, interrupt, or interfere with the exercise of the rights or damage the authorised development, alter, increase or decrease ground cover or soil levels in any manner whatsoever without the consent in writing of the undertaker (such consent not to be unreasonably held or delayed) save as are reasonably required for agricultural activities (being ploughing to no deeper than 0.6 metres for the purposes of arable farming) or are required to be carried out by National Grid in order to exercise their statutory functions or rights in relation to their apparatus (if any) within the land;

(d)

to prevent the planting or growing within the land of any trees, shrubs or underwood without the consent in writing of the undertaker (such consent not to be unreasonably withheld or delayed provided that the proposed trees, shrubs or underwood would not cause damage to the relevant part of the authorised development nor make it materially more difficult or expensive to access the relevant part of the authorised development);

(e)

to prevent anything being done which may interfere with free flow and passage of electricity or telecommunications through the cables or support for the authorised development;

(f)

to prevent 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

(g)

to prevent any activity which would in the reasonable opinion of the undertaker result in the disturbance of ecological mitigation areas or areas of habitat creation or reinstatement including any ploughing or grazing without the prior written consent of the undertaker.

03-007

03-007A

04-002

05-014

06-001

06-013

06-014

06-015

06-018

07-013

08-018

09-007

09-009

09-012

11-007

11-018

12-012

13-018

13-019

13-020

14-029

14-042

14-043

16-002

16-003

16-005

16-006

16-007

16-015

16-016

16-018

16-019

17-009

Cable rights and restrictive covenants under existing highway and rail infrastructure

Cable rights

Rights for the purposes of the construction, installation, operation, maintenance and decommissioning of the authorised development to—

(a)

lay down, install, retain, adjust, alter, construct, operate, erect, use, maintain, repair, renew, upgrade, inspect, remove and replace the electricity cables (including the removal of materials including spoil) in, under, over and/or on the land, together with such telemetry and fibre-optic lines, ducting, jointing bays and other apparatus, protection measures, cable marker posts, chambers and manholes, manhole covers and other equipment which is ancillary to the purposes of transmitting electricity along such electricity cables (all collectively referred to as the “cables”), and in doing so, to use or resort to trenchless installation techniques including (but not limited to) directional drilling beneath sea defences, existing infrastructure, watercourses, highways and railways;

(b)

lay down, install, retain, adjust, alter, construct, operate, erect, use, maintain, repair, renew, upgrade, inspect, remove and replace the additional ducts for electricity cables (including the removal of materials including spoil) in, under, over and/or on the land, allow the installation and use of electrical cables in the additional ducts, together with such telemetry and fibre-optic lines, ducting, jointing bays and other apparatus, protection measures, cable marker posts, chambers and manholes, manhole covers and other equipment which is ancillary to the purposes of transmitting electricity along such electricity cables (all collectively referred to as the “cables”), and in doing so, to use or resort to trenchless installation techniques including (but not limited to) directional drilling beneath sea defences, watercourses, roads and railways;

(c)

enter, be on, and break open and break up the surface of the land and remain with or without plant, vehicles, machinery, apparatus and equipment which is ancillary to the purposes of installing, operating and maintaining the cables or additional ducts, or the use of the electrical infrastructure and cables;

(d)

to benefit from continuous vertical and lateral support for the authorised development;

(e)

pass and re-pass with or without vehicles, plant, machinery, apparatus, equipment and materials for the purposes of laying down, installing, adjusting, altering, constructing, using, maintaining, repairing, renewing, upgrading, inspecting, removing and replacing ducting, electrical infrastructure and the cables, including the right to use, maintain, renew improve and alter existing accesses, roads, streets, tracks or ways over the land, providing that such use is not exclusive and exercise of this right must not prevent or unreasonably inhibit use by other parties;

(f)

construct and install and thereafter use the land for all necessary purposes for the commissioning, construction, repair, testing and maintenance of the ducting, electrical infrastructure and cables in, on or under the land;

(g)

place and use plant, machinery, structures and temporary structures within the land for the purposes of the installation, construction, maintenance, repairing, renewing, upgrading, inspecting, removal and replacing of the ducting, electrical infrastructure and cables and to erect temporary signage and provide measures for the benefit of public and personnel safety;

(h)

erect temporary bridges and supporting or protective structures for the purposes of access to adjoining land and highway;

(i)

erect fencing, gates, walls, barriers or other means of enclosure, and create secure working areas and compounds including trenchless installation technique compounds and working areas;

(j)

construct, lay down, use and remove temporary access roads including any necessary hard standing and other surface materials including (but not limited to) matting, aggregate, trackway, stone, tarmacadam, terram, temporary bridging, culverting or diversion of water courses and drains during any period during which construction, maintenance, repair or renewal is being carried out;

(k)

effect access and egress to and from the highway;

(l)

make such investigations in or on the land as required;

(m)

alter, fell, lop or cut, coppice wood, uproot trees or hedges or shrubs which now or hereafter may be standing on the land or other land which would if not felled, lopped, cut or removed would obstruct or interfere with the operation of the cables and ancillary equipment including ducting;

(n)

to take and use, remove and discharge water from the land, and to install, retain, use, maintain, inspect, alter, remove, refurbish, reconstruct, replace, protect and improve sewers, drains, pipes, ducts, mains, conduits, flues and to drain into and manage waterflows in any drains, watercourses and culverts, install, use, inspect, maintain, adjust, alter, renew, repair, test or cleanse drainage schemes on the land or reinstate the any existing drainage scheme on the land;

(o)

install, alter, re-lay, maintain, protect, adjust or remove pipes, cables or conduits or apparatus including but not limited to electricity poles, electricity pylons, electricity masts, overhead electricity lines, telecommunications cables and any ancillary equipment and apparatus public and private drains, watercourses, sewers, ponds or culverts, service media (including the pipes, cables or conduits or apparatus of statutory undertakers);

(p)

erect and remove temporary fencing, gates, walls, barriers or other means of enclosure, remove fences and structures within the land during any period during which construction, maintenance, repair or renewal is being carried out (subject to erection of any temporary stock-proof fencing as is reasonably required and the re-instatement or suitable replacement of the fences or structures following the end of each period of exercise of the rights);

(q)

store and stockpile materials (including excavated material);

(r)

create boreholes and trial excavation pits for the purposes of intrusively surveying the land and monitoring the use of any trenchless installation technique, to keep in place and monitor the same through construction, maintenance repair, replacement or decommissioning and to reinstate the land;

(s)

to excavate materials below ground level, including soils, and to store and re-use or dispose of the same, and in so excavating to undertake any works, including works of protection or removal of archaeological remains as may be required by any written scheme of investigation approved under this Order;

(t)

to install, execute, implement, retain, repair, improve, renew, relocate, maintain and carry out mitigation, maintenance, remediation works for environmental or ecological mitigation or enhancement works, including temporary works for noise alleviation measures and the installation of temporary barriers for the protection of fauna;

(u)

carry out such works (together with associated fencing) required by a planning permission and/or consent now or to be granted over the land and/or in accordance with any necessary licences relating to protected species and/or wildlife;

(v)

lay out and maintain temporary paths and bridleways for public use as temporary diversions for public rights of way which are interfered with during any period in which construction, maintenance, repair or renewal decommissioning is being carried out; and

(w)

(in an emergency only when the cables are temporarily unusable) to lay down, install, use, maintain and inspect underground cables, telephone signalling and fibre-optic cables and ancillary equipment, associated works and other conducting media together with conduits or pipes for containing the same in and under the land.

Restrictive covenants

A restrictive covenant over the land for the benefit of the remainder of the Order land to—

(a)

prevent anything to be done in or upon the land or any part thereof for the purpose of the erection of any buildings or construction erection or works of any kind (including the bases, substructures or footings thereto);

(b)

to prevent the planting or growing within the land of any trees, shrubs or underwood without the consent in writing of the undertaker (such consent not to be unreasonably withheld or delayed provided that the proposed trees, shrubs or underwood would not cause damage to the relevant part of the authorised development nor make it materially more difficult or expensive to access the relevant part of the authorised development);

(c)

to prevent anything being done which may interfere with free flow and passage of electricity or telecommunications through the cables or support for the authorised development;

(d)

to prevent 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

(e)

to prevent any activity which would in the reasonable opinion of the undertaker result in the disturbance of ecological mitigation areas or areas of habitat creation or reinstatement, including any ploughing or grazing without the prior written consent of the undertaker.

03-007

03-007A

04-002

05-014

06-001

06-013

06-014

06-015

06-018

07-013

08-018

09-007

09-009

09-012

11-007

11-018

12-012

13-018

13-019

13-020

14-029

14-042

14-043

16-002

16-003

16-005

16-006

16-007

16-015

16-016

16-018

16-019

17-00

Cable rights and restrictive covenants under existing highway and rail infrastructure

Cable rights

Rights for the purposes of the construction, installation, operation, maintenance and decommissioning of the authorised development to—

(a)

lay down, install, retain, adjust, alter, construct, operate, erect, use, maintain, repair, renew, upgrade, inspect, remove and replace the electricity cables (including the removal of materials including spoil) in, under, over and/or on the land, together with such telemetry and fibre-optic lines, ducting, jointing bays and other apparatus, protection measures, cable marker posts, chambers and manholes, manhole covers and other equipment which is ancillary to the purposes of transmitting electricity along such electricity cables (all collectively referred to as the “cables”), and in doing so, to use or resort to trenchless installation techniques including (but not limited to) directional drilling beneath sea defences, existing infrastructure, watercourses, highways and railways;

(b)

lay down, install, retain, adjust, alter, construct, operate, erect, use, maintain, repair, renew, upgrade, inspect, remove and replace the additional ducts for electricity cables (including the removal of materials including spoil) in, under, over and/or on the land, allow the installation and use of electrical cables in the additional ducts, together with such telemetry and fibre-optic lines, ducting, jointing bays and other apparatus, protection measures, cable marker posts, chambers and manholes, manhole covers and other equipment which is ancillary to the purposes of transmitting electricity along such electricity cables (all collectively referred to as the “cables”), and in doing so, to use or resort to trenchless installation techniques including (but not limited to) directional drilling beneath sea defences, watercourses, roads and railways;

(c)

enter, be on, and break open and break up the surface of the land and remain with or without plant, vehicles, machinery, apparatus and equipment which is ancillary to the purposes of installing, operating and maintaining the cables or additional ducts, or the use of the electrical infrastructure and cables;

(d)

to benefit from continuous vertical and lateral support for the authorised development;

(e)

pass and re-pass with or without vehicles, plant, machinery, apparatus, equipment and materials for the purposes of laying down, installing, adjusting, altering, constructing, using, maintaining, repairing, renewing, upgrading, inspecting, removing and replacing ducting, electrical infrastructure and the cables, including the right to use, maintain, renew improve and alter existing accesses, roads, streets, tracks or ways over the land, providing that such use is not exclusive and exercise of this right must not prevent or unreasonably inhibit use by other parties;

(f)

construct and install and thereafter use the land for all necessary purposes for the commissioning, construction, repair, testing and maintenance of the ducting, electrical infrastructure and cables in, on or under the land;

(g)

place and use plant, machinery, structures and temporary structures within the land for the purposes of the installation, construction, maintenance, repairing, renewing, upgrading, inspecting, removal and replacing of the ducting, electrical infrastructure and cables and to erect temporary signage and provide measures for the benefit of public and personnel safety;

(h)

erect temporary bridges and supporting or protective structures for the purposes of access to adjoining land and highway;

(i)

erect fencing, gates, walls, barriers or other means of enclosure, and create secure working areas and compounds including trenchless installation technique compounds and working areas;

(j)

construct, lay down, use and remove temporary access roads including any necessary hard standing and other surface materials including (but not limited to) matting, aggregate, trackway, stone, tarmacadam, terram, temporary bridging, culverting or diversion of water courses and drains during any period during which construction, maintenance, repair or renewal is being carried out;

(k)

effect access and egress to and from the highway;

(l)

make such investigations in or on the land as required;

(m)

alter, fell, lop or cut, coppice wood, uproot trees or hedges or shrubs which now or hereafter may be standing on the Land or other land which would if not felled, lopped, cut or removed would obstruct or interfere with the operation of the cables and ancillary equipment including ducting;

(n)

to take and use, remove and discharge water from the land, and to install, retain, use, maintain, inspect, alter, remove, refurbish, reconstruct, replace, protect and improve sewers, drains, pipes, ducts, mains, conduits, flues and to drain into and manage waterflows in any drains, watercourses and culverts, install, use, inspect, maintain, adjust, alter, renew, repair, test or cleanse drainage schemes on the land or reinstate the any existing drainage scheme on the land;

(o)

install, alter, re-lay, maintain, protect, adjust or remove pipes, cables or conduits or apparatus including but not limited to electricity poles, electricity pylons, electricity masts, overhead electricity lines, telecommunications cables and any ancillary equipment and apparatus public and private drains, watercourses, sewers, ponds or culverts, service media (including the pipes, cables or conduits or apparatus of statutory undertakers);

(p)

erect and remove temporary fencing, gates, walls, barriers or other means of enclosure, remove fences and structures within the land during any period during which construction, maintenance, repair or renewal is being carried out (subject to erection of any temporary stock-proof fencing as is reasonably required and the re-instatement or suitable replacement of the fences or structures following the end of each period of exercise of the rights);

(q)

store and stockpile materials (including excavated material);

(r)

create boreholes and trial excavation pits for the purposes of intrusively surveying the land and monitoring the use of any trenchless installation technique, to keep in place and monitor the same through construction, maintenance repair, replacement or decommissioning and to reinstate the land;

(s)

to excavate materials below ground level, including soils, and to store and re-use or dispose of the same, and in so excavating to undertake any works, including works of protection or removal of archaeological remains as may be required by any written scheme of investigation approved under this Order;

(t)

to install, execute, implement, retain, repair, improve, renew, relocate, maintain and carry out mitigation, maintenance, remediation works for environmental or ecological mitigation or enhancement works, including temporary works for noise alleviation measures and the installation of temporary barriers for the protection of fauna;

(u)

carry out such works (together with associated fencing) required by a planning permission and/or consent now or to be granted over the land and/or in accordance with any necessary licences relating to protected species and/or wildlife;

(v)

lay out and maintain temporary paths and bridleways for public use as temporary diversions for public rights of way which are interfered with during any period in which construction, maintenance, repair or renewal decommissioning is being carried out; and

(w)

(in an emergency only when the cables are temporarily unusable) to lay down, install, use, maintain and inspect underground cables, telephone signalling and fibre-optic cables and ancillary equipment, associated works and other conducting media together with conduits or pipes for containing the same in and under the land.

Restrictive covenants

A restrictive covenant over the land for the benefit of the remainder of the Order land to—

(a)

prevent anything to be done in or upon the land or any part thereof for the purpose of the erection of any buildings or construction erection or works of any kind (including the bases, substructures or footings thereto);

(b)

to prevent the planting or growing within the land of any trees, shrubs or underwood without the consent in writing of the undertaker (such consent not to be unreasonably withheld or delayed provided that the proposed trees, shrubs or underwood would not cause damage to the relevant part of the authorised development nor make it materially more difficult or expensive to access the relevant part of the authorised development);

(c)

to prevent anything being done which may interfere with free flow and passage of electricity or telecommunications through the cables or support for the authorised development;

(d)

to prevent 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

(e)

to prevent any activity which would in the reasonable opinion of the undertaker result in the disturbance of ecological mitigation areas or areas of habitat creation or reinstatement, including any ploughing or grazing without the prior written consent of the undertaker.

02-002

02-003

02-006

02-007

03-005

03-013

03-015

03-016

03-017

03-018

04-014

04-015

04-016

04-017

04-018

04-019

05-003

05-004

05-005

05-006

05-009

05-012

05-015

05-016

05-017

05-018

05-025

05-026

06-003

06-004

06-006

06-012

06-016

07-001

07-004

07-008

08-002

08-006

08-009

08-010

08-015

08-016

08-017

08-023

09-001

09-006

09-011

09-023

10-002

10-003

10-008

10-009

10-012

11-002

11-003

11-004

11-005

11-010

11-011

11-019

11-020

12-005

12-014

13-001

13-002

13-003

13-004

13-005

13-006

13-011

14-003

14-008

14-010

16-001

16-010

16-011

16-023

17-015

17-016

17-017

17-018

Access rights

Rights for the purposes of the construction, installation, operation, maintenance and decommissioning of the authorised development to—

(a)

pass and re-pass with or without vehicles, plant, machinery, apparatus, equipment and materials for the purposes of the authorised development, the inspection, testing, maintenance, renewal, upgrading, replacement and removal of the cables and connection into any adjacent cables and associated works, to take plant and equipment on to adjoining land and make such investigations in or on the land which is ancillary for the purposes of exercise of the rights;

(b)

to construct, use, maintain and improve a permanent means of access including visibility splays, and retain, maintain, straighten, widen, repair, alter, upgrade and use existing access routes for the purposes of accessing the land, adjoining land and highway;

(c)

retain, maintain, straighten, widen, repair, alter, upgrade and use existing access routes for the purposes of accessing adjoining land and highway;

(d)

construct, lay down, use and remove temporary access roads including any necessary hard standing and other surface materials including (but not limited to) matting, aggregate, trackway, stone, tarmacadam, terram, temporary bridging, culverting or diversion of water courses and drains during any period during which construction, maintenance, repair, renewal or decommissioning is being carried out;

(e)

erect temporary bridges and supporting or protective structures for the purposes of access to adjoining land;

(f)

place and use plant, machinery, structures and temporary structures within the land, and to erect temporary signage and provide measures for the benefit of public and personnel safety;

(g)

alter, fell, lop, cut, coppice wood, uproot trees or hedges or shrubs which now or hereafter may be present on the land for the purpose of enabling the right to pass and re-pass to adjoining land;

(h)

repair, improve, renew, remove, relocate and plant trees, woodland, shrubs, hedgerows, seeding, other vegetation and other ecological measures together with the right to maintain, inspect and replant such trees, shrubs and landscaping;

(i)

erect and remove temporary fencing, gates, walls, barriers or other means of enclosure; and

(j)

lay out and maintain temporary paths and bridleways for public use as temporary diversions for public rights of way which are interfered with during any period in which construction, maintenance, repair or renewal decommissioning is being carried out.

17-026

17-027

17-028

17-029

17-030

17-031

18-001

18-002

National Grid substation works area rights

Rights for the purposes of the construction, installation, operation, maintenance and decommissioning of the authorised development to—

(a)

lay down, install, retain, adjust, alter, construct, operate, erect, use, maintain, repair, renew, upgrade, inspect, remove and replace the electricity cables (including the removal of materials including spoil) in, under, over and/or on the land, together with such telemetry and fibre-optic lines, ducting, jointing bays and other apparatus, protection measures, cable marker posts, chambers and manholes, manhole covers and other equipment which is ancillary to the purposes of transmitting electricity along such electricity cables (collectively referred to in this National Grid substation work area rights part of this Schedule as the “cables”);

(b)

enter, be on, and break open and break up the surface of the land and remain with or without plant, vehicles, machinery, apparatus and equipment which is ancillary to the purposes of transmitting electricity along the cables;

(c)

to benefit from continuous vertical and lateral support for the authorised development;

(d)

pass and re-pass with or without vehicles, plant, machinery, apparatus, equipment and materials for the purposes of laying down, installing, adjusting, altering, constructing, using, maintaining, repairing, renewing, inspecting the authorised development and for removing and replacing the cables;

(e)

to use, maintain, renew improve and alter existing accesses, roads, streets, tracks or ways over the land, providing that such use is not exclusive and exercise of this right must not prevent or unreasonably inhibit use by other parties;

(f)

construct, lay down, use and remove temporary access roads including any necessary hard standing and other surface materials including (but not limited to) matting, aggregate, trackway, stone, tarmacadam, terram, temporary bridging, culverting or diversion of water courses and drains during any period during which construction, maintenance, repair, renewal or decommissioning is being carried out;

(g)

place and use plant, machinery, structures and temporary structures within the land, and to erect temporary signage and provide measures for the benefit of public and personnel safety;

(h)

fell, lop, cut, coppice wood, uproot trees or hedges or shrubs which now or hereafter may be present on the land for the purpose of enabling the right to pass and re-pass to adjoining land; and

(i)

remove and discharge water from the land and to install, retain, use, maintain, inspect, alter, remove, refurbish, reconstruct, replace, protect and improve sewers, drains, pipes, ducts, mains, conduits, flues and to drain into and manage waterflows in any drains, watercourses and culverts, to lay down, install, adjust, alter, construct, create, use, maintain, repair, renew, upgrade, inspect, remove and replace a drainage scheme on the land; and

(j)

install, alter, re-lay, maintain, protect, adjust or remove pipes, cables or conduits or apparatus including but not limited to electricity poles, electricity pylons, electricity masts, overhead electricity lines, telecommunications cables and any ancillary equipment and apparatus public and private drains, watercourses, sewers, ponds or culverts, service media (including the pipes, cables or conduits or apparatus of statutory undertakers).

A restrictive covenant over the land for the benefit of the remainder of the Order land to—

(a)

prevent anything to be done in or upon the land or any part thereof for the purpose of the erection of any buildings or construction erection or works of any kind (including the substructures or footings thereto) without the prior written consent of the undertaker;

(b)

to prevent the planting or growing within the land of any trees, shrubs or underwood without the consent in writing of the undertaker (such consent not to be unreasonably withheld or delayed provided that the proposed trees, shrubs or underwood would not cause damage to the relevant part of the authorised development nor make it materially more difficult or expensive to access the relevant part of the authorised development);

(c)

to prevent anything being done which may interfere with free flow and passage of electricity or telecommunications through the cables or support for the authorised development;

(d)

to prevent 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;

17-004

17-006

17-007

17-008

17-022

Drainage rights and restrictive covenants

Drainage rights

Rights for the purposes of the construction, installation, operation, maintenance and decommissioning of the authorised development to—

(a)

remove and discharge water from the land and to lay down, install, retain, use, maintain, inspect, alter, remove, refurbish, reconstruct, upgrade, replace, protect and improve sewers, drains, pipes, ducts, mains, conduits, flues and to drain into and manage waterflows in any drains, watercourses and culverts, to lay down, install, adjust, alter, construct, create, use, maintain, repair, renew, upgrade, inspect, remove and replace a drainage scheme on the land (the “drainage works”);

(b)

inspect, use mechanical excavation (including directional drilling and/or digging), reinstate, remove, move or alter such part or parts of any drainage system on the land for the purposes of the drainage works (including connecting the drainage works to any land drain as at the date of the drainage works);

(c)

enter, be on, and break up the surface of the land and remain with or without plant, vehicles, machinery, apparatus and equipment which is ancillary to the purposes of the drainage works;

(d)

store and stockpile materials (including excavated material);

(e)

make such investigations in or on the land as required for the purposes of the drainage works, include to create boreholes and trail excavation pits for the purposes of intrusively surveying the land;

(f)

to excavate materials below ground level, including soils, and to store and re-use or dispose of the same, and in so excavating, to undertake any works, including works of protection or removal of archaeological remains as may be required by any written scheme of investigation approved under this Order;

(g)

pass and re-pass with or without vehicles, plant, machinery, apparatus, equipment and materials for the purposes of the drainage works;

(h)

place and use plant, machinery, structures and temporary structures within the land, and to erect temporary signage and provide measures for the benefit of public and personnel safety for the purposes of the drainage works;

(i)

erect fencing, gates, walls, barriers or other means of enclosure, and create secure works areas or compounds and working areas for the purposes of the drainage works;

(j)

construct, lay down, use and remove temporary access roads including any necessary hard standing and other surface materials including (but not limited to) matting, aggregate, trackway, stone, tarmacadam, terram, temporary bridging, culverting or diversion of water courses and drains during any period during which construction, maintenance, repair or renewal of any drainage work is being carried out;

(k)

effect access and egress to and from the highway;

(l)

alter, fell, lop or cut, coppice wood, uproot trees or hedges or shrubs which now or hereafter may be standing on the land or other land which would if not felled, lopped, cut or removed obstruct or interfere with the drainage works;

(m)

install, alter, re-lay, maintain, protect, adjust or remove pipes, cables or conduits or apparatus including but not limited to electricity poles, electricity pylons, electricity masts, overhead electricity lines, telecommunications cables and any ancillary equipment and apparatus public and private drains, watercourses, sewers, ponds or culverts, service media (including the pipes, cables or conduits or apparatus of statutory undertakers);

(n)

to install, execute, implement, retain, repair, improve, renew, relocate, maintain and carry out mitigation, maintenance, remediation works for environmental or ecological mitigation or enhancement works, including temporary works for noise alleviation measures and the installation of temporary barriers for the protection of fauna; and

(o)

to carry out such works (together with associated fencing) required by a planning permission and/or consent now or to be granted over the land in accordance with any necessary licences relating to protected species and/or wildlife.

Restrictive Covenant

A restrictive covenant over the land for the benefit of the remainder of the Order land to—

(a)

prevent anything to be done in or upon the land or any part thereof for the purpose of the erection of any buildings; or

(b)

construction erection or works of any kind (including the substructures or footings thereto); and

(c)

prevent anything to be done by way of hard surfacing of the land with concrete of any kind or with any other material or surface whatsoever without the consent in writing of the undertaker (such consent not to be unreasonably withheld or delayed if the proposed surfacing would not cause damage drainage works.

20-003

Compensatory works, work rights

Rights for the purposes of the construction, installation, operation, maintenance and decommissioning of the authorised development to—

(a)

erect, maintain, repair, improve and remove permanent fencing, gates, barriers or other means of enclosure in order to create areas where predators are excluded;

(b)

enter upon, pass, re-pass and remain on the land with or without vehicles, plant, machinery, apparatus, equipment and materials for the purposes of carrying out and maintaining the works, surveying or to carry out monitoring of fauna;

(c)

place, retain, and maintain apparatus on the land for the purposes of surveying or carrying out monitoring of fauna, including use of recording devices;

(d)

install, execute, implement, retain, repair, improve, renew, remove, relocate and plant trees, woodland, shrubs, hedgerows, seeding and other ecological measures together with the right to maintain, inspect and replant such trees, shrubs and landscaping;

(e)

install, execute, implement, retain, repair, improve, renew, relocate, maintain and carry out mitigation, maintenance, remediation works for environmental or ecological mitigation or enhancement works, including temporary works and the installation of fencing for the protection of fauna; and

(f)

carry out such works (together with associated fencing or other means of enclosure) required by a planning permission and/or consent now or to be granted over the land in accordance with any necessary licences relating to protected species and/or wildlife.

Restrictive covenants

A restrictive covenant over the land for the benefit of the remainder of the Order land to—

(a)

prevent anything to be done in or upon the land or any part thereof for the purpose of the erection of any buildings or construction erection or works of any kind (including the substructures or footings thereto);

(b)

to prevent the planting or growing within the land of any trees, shrubs or underwood without the prior consent in writing of the undertaker;

(c)

to prevent any part of any fence, gate, barrier or other enclosure erected as part of the works being altered, modified or removed without the prior consent in writing of the undertaker; and

(d)

to prevent any activity which would in the reasonable opinion of the undertaker result in the harm to or diminishment in the function of the ornithological compensation measures or areas of habitat creation including any ploughing or grazing without the prior written consent of the undertaker.

19-002

19-003

Compensatory works, access rights

Rights for the purposes of the construction, installation, operation, maintenance and decommissioning of the authorised development to—

  1. (a)

    pass and re-pass with or without vehicles, plant, machinery, apparatus, equipment and materials for the purposes of the works, and associated works, to take plant and equipment on to adjoining land and make such investigations in or on the land which is ancillary for the purposes of exercise of the rights;

  2. (b)

    to use and maintain any quay, slipway, jetty or similar structure, with or without vessels, vehicles, plant, machinery, apparatus, equipment and materials for the purposes of taking accessing the land, carrying out, monitoring and constructing, maintaining, improving repairing or decommissioning the works;

  3. (c)

    to use, maintain, repair and improve any permanent means of access including retain, maintain, straighten, widen, repair, alter, upgrade and use existing access routes for the purposes of accessing the land, adjoining land and highway;

  4. (d)

    construct, lay down, use and remove temporary access roads, ramps and other temporary crossings including any necessary hard standing and other surface materials including (but not limited to) matting, aggregate, trackway, footpaths, stone, tarmacadam, terram, temporary bridging, culverting or diversion of water courses and drains, and alter, widen, upgrade and improve existing roads, tracks and footpaths;

  5. (e)

    erect temporary bridges and supporting or protective structures for the purposes of access to adjoining land;

  6. (f)

    place and use plant, machinery, structures and temporary structures within the land, and to erect temporary signage and provide measures for the benefit of public and personnel safety;

  7. (g)

    alter, fell, lop, cut, coppice wood, uproot trees or hedges or shrubs which now or hereafter may be present on the land for the purpose of enabling the right to pass and re-pass to adjoining land; and

  8. (h)

    erect and remove temporary fencing, gates, walls, barriers or other means of enclosure.

Restrictive covenants

A restrictive covenant over the land for the benefit of the remainder of the Order land to—

(a)

prevent anything to be done in or upon the land or any part thereof for the purpose of the erection of any buildings or construction erection or works of any kind (including the substructures or footings thereto);

(b)

to prevent the planting or growing within the land of any trees, shrubs or underwood without the prior consent in writing of the undertaker;

(c)

to prevent any part of any fence, gate, barrier or other enclosure erected as part of the works being altered, modified or removed without the prior consent in writing of the undertaker; and

(d)

to prevent any activity which would in the reasonable opinion of the undertaker result in the harm to or diminishment in the function of the ornithological compensation measures or areas of habitat creation including any ploughing or grazing without the prior written consent of the undertaker.