SI 2026/151 - The Fenwick Solar Farm Order 2026

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. STATUTORY INSTRUMENTS 2026 No. 151 INFRASTRUCTURE PLANNING The Fenwick Solar Farm Order 2026 Made - - - - 18th February 2026 Coming into force - - 11th March 2026 An application has been made to the Secretary of State for an order granting development consent under section 37 of the Planning Act 2008 (“the 2008 Act”)(1) in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009(2). The application has been examined by the Examining Authority appointed by the Secretary of State pursuant to chapter 2 of Part 6 of the 2008 Act and carried out in accordance with Chapter 4 of Part 6 of the Infrastructure Planning (Examination Procedure) Rules 2010(3). The Examining Authority, having considered the application together with the documents that accompanied it, and the representations made and not withdrawn, has, in accordance with section 74(2)(4) of the 2008 Act made a report and recommendation to the Secretary of State. The Secretary of State has considered the report and recommendation of the Examining Authority, has taken into account the environmental information in accordance with regulation 4 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017(5) and has had regard to the documents and matters referred to in section 104(2) of the 2008 Act. The Secretary of State, having decided the application, has determined to make an Order giving effect to the proposals comprised in the application on the terms that in the opinion of the Secretary of State are not materially different from those proposed in the application. The Secretary of State, in exercise of the powers conferred by sections 114(6), 115(7), 117 (8), 120(9), 122(10) 123(11) and 140 of the 2008 Act, makes the following Order. (1) 2008 c. 29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of the Localism Act 2011 (c. 20). Section 37 was amended by sections 128(2) and 137 of, and paragraphs 1 and 5 of Part 1 of Schedule 13 to, the Localism Act 2011 (c. 20). (2) S.I. 2009/2264, amended by S.I. 2010/439, S.I. 2010/602, S.I. 2012/635, S.I. 2012/2654, S.I. 2012/2732, S.I. 2013/522, S.I. 2013/755, S.I. 2014/469, S.I. 2014/2381, S.I. 2015/377, S.I. 2015/1682, S.I. 2017/524, S.I. 2017/572 and S.I. 2018/378. (3) S.I. 2010/103, amended by S.I. 2012/635. (4) As amended by paragraph 29(1) and (3) of Part 1 of Schedule 13 to the Localism Act 2011 (c. 20). (5) S.I. 2017/572. (6) As amended by paragraph 55 of Part 1 of Schedule 13 to the Localism Act 2011 (c. 20). (7) As amended by paragraph 56 of Part 1 of Schedule 13 and Part 20 of Schedule 25 to the Localism Act 2011, section 160 of the Housing and Planning Act 2016 (c. 22) and section 43 of the Wales Act 2017 (c. 4). (8) As amended by paragraph 58 of Part 1 of Schedule 13 to the Localism Act 2011 (c. 20). (9) As amended by section 140 and paragraph 60 of Part 1 of Schedule 13 to the Localism Act 2011 (c. 20). (10) As amended by paragraph 62 of Part 1 of Schedule 13 to the Localism Act 2011 (c. 20). (11) Ibid.Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. PART 1 PRELIMINARY Citation and commencement 1. This Order may be cited as the Fenwick Solar Farm Order 2026 and comes into force on 11th March 2026. Interpretation 2.—(1) In this Order— “the 1961 Act” means the Land Compensation Act 1961(12); “the 1965 Act” means the Compulsory Purchase Act 1965(13); “the 1980 Act” means the Highways Act 1980(14); “the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981(15); “the 1984 Act” means the Road Traffic Regulation Act 1984(16); “the 1989 Act” means the Electricity Act 1989(17); “the 1990 Act” means the Town and Country Planning Act 1990(18); “the 1991 Act” means the New Roads and Street Works Act 1991(19); “the 2008 Act” means the Planning Act 2008(20); “address” includes any number or address used for the purposes of electronic transmission; “apparatus” has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act except that, unless otherwise provided, it further includes pipelines (and parts of them), aerial markers, cathodic protection test posts, field boundary markers, transformer rectifier kiosks, electricity cables, telecommunications equipment and electricity cabinets; “authorised development” means the development and associated development, which is development within the meaning of section 32 (meaning of “development”) of the 2008 Act, authorised by this Order and as described in Schedule 1 (authorised development); “book of reference” means the document of that name identified in the table at Schedule 12 (documents and plans to be certified) and which is certified by the Secretary of State as the book of reference for the purposes of this Order; “building” includes any structure or erection or any part of a building, structure or erection; “carriageway” has the same meaning as in the 1980 Act; “commence” means beginning to carry out a material operation, as defined in section 155 (when development begins) of the 2008 Act, comprised in or carried out or for the purposes of the authorised development other than the permitted preliminary works (except where stated to the contrary) and “commencement”, “commenced” and cognate expressions are to be construed accordingly; (12) 1961 c. 33. (13) 1965 c. 56. (14) 1980 c. 66. (15) 1981 c. 66. (16) 1984 c. 27. (17) 1989 c. 29. (18) 1990 c. 8. (19) 1991 c. 22. Section 48(3A) was inserted by section 124 of the Local Transport Act 2008 (c. 26). Sections 78(4), 80(4) and 83(4) were amended by section 40 of, and Schedule 1 to, the Traffic Management Act 2004 (c. 18). (20) 2008 c. 29. 2Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. “date of final commissioning” means the date on which the authorised development commences operation by generating electricity on a commercial basis but excluding the generation of electricity during commissioning and testing; “electronic transmission” means a communication transmitted— (a) by means of an electronic communications network; or (b) by other means but while in electronic form; “environmental statement” means the document of that name identified in the table at Schedule 12 and which is certified by the Secretary of State as the environmental statement for the purposes of this Order; “footpath” and “footway” have the same meaning as in the 1980 Act; “framework archaeological mitigation strategy” means the document of that name identified in the table at Schedule 12 and which is certified by the Secretary of State as the framework archaeological mitigation strategy for the purposes of this Order; “framework construction environmental management plan” means the document of that name identified in the table at Schedule 12 and which is certified by the Secretary of State as the framework construction environmental management plan for the purposes of this Order; “framework construction traffic management plan” means the document of that name identified in the table at Schedule 12 and which is certified by the Secretary of State as the framework construction traffic management plan for the purposes of this Order; “framework decommissioning environmental management plan” means the document of that name identified in the table at Schedule 12 and which is certified by the Secretary of State as the framework decommissioning environmental management plan for the purposes of this Order; “framework drainage strategy” means the document of that name identified in the table at Schedule 12 and which is certified by the Secretary of State as the framework drainage strategy for the purposes of this Order; “framework landscape and ecological management plan” means the document of that name identified in the table at Schedule 12 and which is certified by the Secretary of State as the framework landscape and ecological management plan for the purposes of this Order; “framework operational environmental management plan” means the document of that name identified in the table at Schedule 12 and which is certified by the Secretary of State as the framework operational environmental management plan for the purposes of this Order; “framework public rights of way management plan” means the document of that name identified in the table at Schedule 12 and which is certified by the Secretary of State as the framework public rights of way management plan for the purposes of this Order; “framework skills, supply chain and employment plan” means the plan of that name identified in the table at Schedule 12 and which is certified by the Secretary of State as the framework skills, supply chain and employment plan for the purposes of this Order; “framework soil management plan” means the document of that name identified in the table at Schedule 12 and which is certified by the Secretary of State as the framework soil management plan for the purposes of this Order; “highway” and “highway authority” have the same meaning as in the 1980 Act(21); “holding company” has the same meaning as in section 1159 of the Companies Act 2006(22); “land plans” means the plans of that name identified in the table at Schedule 12 and which are certified by the Secretary of State as the land plans for the purposes of this Order; (21) “highway” is defined in section 328(1). For “highway authority” see section 1. (22) 2006 c. 46. 3Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. “maintain” includes inspect, repair, adjust, alter, remove, refurbish, reconstruct, replace and improve any part of, but not remove, reconstruct or replace the whole of, the authorised development and “maintenance” and “maintaining” are to be construed accordingly; “National Grid” means National Grid Electricity Transmission plc (company number 2366977) whose registered office is at 1-3 Strand, London, WC2N 5EH or any successor as a licence holder within the meaning of Part 1 of the Electricity Act 1989; “Order land” means the land which is required for, or is required to facilitate, or is incidental to, or is affected by the authorised development shown coloured pink, blue, yellow or green on the land plans and described in the book of reference; “Order limits” means the limits shown on the land plans within which the authorised development may be carried out and land acquired or used; “outline design parameters statement” means the document of that name identified in the table at Schedule 12 and which is certified by the Secretary of State as the outline design principles for the purposes of this Order; “owner”, in relation to land, has the same meaning as in section 7 (Interpretation) of the Acquisition of Land Act 1981(23); “permit scheme” means The Traffic Management (Doncaster Borough Council) Permit Scheme Order 2019, or any subsequent Permit Scheme Order made by the City of Doncaster Council to vary or replace that Order as may be relevant and which is made under Part 3 of the Traffic Management Act 2004, as applicable for the location of the relevant works; “permitted preliminary works” means all or any of— (a) environmental surveys, geotechnical surveys, intrusive archaeological surveys and other investigations for the purpose of assessing ground conditions; (b) removal of plant and machinery; (c) above ground site preparation for temporary facilities for the use of contractors during construction; (d) remedial work in respect of any contamination or other adverse ground conditions; (e) diversion and laying of apparatus; (f) the provision of temporary means of enclosure and site security for construction; (g) the temporary display of site notices or advertisements; (h) site clearance (including vegetation removal, demolition of existing structures); or (i) advanced planting to allow for an early establishment of protective screening; “plot” means any plot as may be identified by reference to a number and which is listed in the book of reference and shown on the land plans; “relevant planning authority” means the City of Doncaster Council or any successor to it as local planning authority for the land to which the provisions of this Order apply; “requirements” means those matters set out in Schedule 2 (requirements) and any reference to a numbered requirement is to be construed accordingly; “statutory undertaker” means any person falling within section 127(8) (statutory undertakers’ land) of the 2008 Act and includes a public communications provider defined by section 151(1) (interpretation of chapter 1) of the Communications Act 2003(24); (23) 1981 c. 67. (24) 2003 c. 21. 4Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. “street” means a street within the meaning of section 48 (streets, street works and undertakers) of the 1991 Act, together with land on the verge of a street or between two carriageways, and includes any footpath and part of a street; “street authority”, in relation to a street, has the same meaning as in Part 3 of the 1991 Act(25); “streets, access and rights of way plans” means the plans of that name identified in the table at Schedule 12 and which are certified by the Secretary of State as the streets, access and rights of way plans for the purposes of this Order; “street works” means the works listed in article 8(1) (street works); “subsidiary” has the same meaning as in section 1159 of the Companies Act 2006(26); “traffic authority” has the same meaning as in section 121A (traffic authorities) of the 1984 Act(27); “traffic regulation measures plan” means the document of that name identified in the table at Schedule 12 and which is certified by the Secretary of State as the traffic regulation measures plan for the purposes of this Order; “undertaker” means Fenwick Solar Project Limited (company number 13705886) and any other person who for the time being has the benefit of this Order in accordance with article 35 (benefit of the Order) or article 36 (consent to transfer the benefit of the Order); “Upper Tribunal” means the Lands Chamber of the Upper Tribunal; “watercourse” includes every river, stream, creek, ditch, drain, canal, cut, culvert, dyke, sluice, sewer and passage through which water flows except a public sewer or drain (except where stated to the contrary); “working day” means any day apart from Saturday, Sunday or any statutory bank or public holiday; and “works plans” means the plans of that name identified in the table at Schedule 12 and which are certified by the Secretary of State as the works plans for the purposes of this Order. (2) References in this Order to rights over land include references to rights to do or restrain or to place and maintain anything in, on or under land or in the airspace above its surface and to any trusts or incidents (including restrictive covenants) to which the land is subject and references in this Order to the imposition of restrictive covenants are references to the creation of rights over land which interfere with the interests or rights of another and are for the benefit of land which is acquired under this Order or over which rights are created and acquired under this Order or is otherwise comprised in this Order. (3) All distances, directions, capacities and lengths referred to in this Order are approximate and distances between lines or points on a numbered work comprised in the authorised development and shown on the works plans and streets, access and rights of way plans are to be taken to be measured along that work. (4) References in this Order to numbered works are references to the works comprising the authorised development as numbered in Schedule 1 and shown on the works plans and a reference in this Order to a work designated by a number is a reference to the work so designated in that Schedule. (5) In this Order, the expression “includes” is to be construed without limitation. (6) In this Order, references to any statutory body include that body’s successor bodies. (25) “street authority” is defined in section 49 which was amended by paragraph 117 of Schedule 1 to the Infrastructure Act 2015 (c. 7). (26) 2006 c. 46. (27) Section 121A was inserted by paragraph 70 of Schedule 8 to the 1991 Act, and subsequently amended by section 271 of the Greater London Authority Act 1999 (c. 29); section 1(6) of, and paragraphs 70 and 95 of Schedule 1 to, the Infrastructure Act 2015; and S.I. 1999/1920 and S.I. 2001/1400. 5Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (7) In this Order, all references to the singular is a reference to the plural, and vice versa, except where explicitly stated. (8) All areas described in square metres in the book of reference are approximate. (9) In this Order, references to materially new or materially different environmental effects in comparison with those reported in the environmental statement are not to be construed so as to include the avoidance, removal or reduction of an assessed adverse environmental effect or a positive environmental effect, or the increase of an assessed positive environmental effect. PART 2 PRINCIPAL POWERS Development consent etc. granted by this Order 3.—(1) Subject to the provisions of this Order and the requirements in Schedule 2 (requirements), the undertaker is granted development consent for the authorised development in Schedule 1 (authorised development) to be carried out within the Order limits. (2) Each numbered work must be situated within the corresponding numbered area shown on the works plans. (3) The development consent granted under sub-paragraph (1) authorises the carrying out within the Order limits of either Work No. 4 or Work No. 5(b) but not both. Operation of generating station 4.—(1) The undertaker is authorised to use and operate the generating station comprised in the authorised development. (2) This article does not relieve the undertaker of any requirement to obtain any permit or licence under any other legislation that may be required from time to time to authorise the operation of an electricity generating station. Power to maintain the authorised development 5.—(1) The undertaker may at any time maintain the authorised development, except to the extent that this Order, or an agreement made under this Order, provides otherwise. (2) This article only authorises the carrying out of maintenance works within the Order limits. (3) This article does not authorise the carrying out of any works which are likely to give rise to any materially new or materially different effects that have not been assessed in the environmental statement. Disapplication and modification of statutory provisions 6.—(1) The following provisions do not apply in relation to the construction of any work or the carrying out of any operation required for the purposes of, or in connection with, the construction, operation or maintenance of any part of the authorised development— (a) section 23 (prohibition of obstructions, etc. in watercourses) of the Land Drainage Act 1991(28); (28) 1991 c. 59. Section 23 was amended by paragraph 192(2) of Schedule 22 to the Environment Act 1995 (c. 25), paragraphs 25 and 32 of Schedule 2 to the Flood and Water Management Act 2010 (c. 29) and S.I. 2013/755. 6Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (b) section 32 (variation of awards)(29) of the Land Drainage Act 1991; (c) the provisions of any byelaws made under section 66 (powers to make byelaws)(30) of the Land Drainage Act 1991; (d) the provisions of any byelaws made under, or having effect as if made under, paragraphs 5, 6 or 6A of Schedule 25 (byelaw making powers of the appropriate agency) to the Water Resources Act 1991(31); (e) section 118 (consent request for discharge of trade effluent into public sewer) of the Water Industry Act 1991(32); (f) regulation 12 (requirement for environmental permit) of the Environmental Permitting (England and Wales) Regulations 2016(33) in respect of a flood risk activity only except in respect of the construction of any work or the carrying out of any operation required for the purposes of, or in connection with, the construction, operation or maintenance of any part of the authorised development undertaken within Plots 9/09, 9/12, 9/13, 9/14, 9/15, 10/01, 10/02, 10/03, 10/04, 10/05, 10/06, 10/07, 10/08, 10/09, 10/10, 10/11, 10/12, 10/13 and 10/14 as marked within the land plans; (g) the legislation listed in Schedule 3 (legislation to be disapplied) in so far as the provisions still in force are incompatible with the powers contained within this Order; and (h) the provisions of the Neighbourhood Planning Act 2017(34) insofar as they relate to the temporary possession of land under articles 30 (temporary use of land for constructing the authorised development) and 31 (temporary use of land for maintaining the authorised development) of this Order. (2) For the purposes of section 9 (requirement of licence for felling) of the Forestry Act 1967(35) any felling comprised in the carrying out of any work or operation required for the purposes of, or in connection with, the construction of the authorised development is deemed to be immediately required for the purpose of carrying out development authorised by planning permission granted under the 1990 Act. (3) Notwithstanding the provisions of section 208 (liability) of the 2008 Act, for the purposes of regulation 6 (meaning of “development”) of the Community Infrastructure Levy Regulations 2010(36) any building comprised in the authorised development is deemed to be— (a) a building into which people do not normally go; or (b) a building into which people go only intermittently for the purpose of inspecting or maintaining fixed plant or machinery. (29) Section 32 was amended by S.I. 2013/755. (30) Section 66 was amended by paragraphs 25 and 38 of Schedule 2 to the Flood and Water Management Act 2010 and section 86 of the Water Act 2014 (c. 21). (31) Paragraph 5 was amended by section 100 of the Natural Environment and Rural Communities Act 2006 (c. 16), section 84 of, and paragraph 3 of Schedule 11 to, the 2009 Act and S.I. 2013/755. Paragraph 6 was amended by section 105 of, and paragraph 26 of Schedule 15 to, the Environment Act 1995, sections 224, 233 and 321 of, and paragraphs 20 and 24 of Schedule 16 and Part 5(B) of Schedule 22 to, the 2009 Act and S.I. 2013/755. Paragraph 6A was inserted by section 103(3) of the Environment Act 1995. (32) 1991 c. 56. Section 118 was amended by sections 2(2)(b) and 5(5)(f) of the Environment Act 1995 (c. 25) and sections 66(2) (a) and (b) of the Environment (Wales) Act 2016 (anaw 3). (33) S.I. 2016/1154. Regulation 12 was amended by S.I. 2018/110. (34) 2017 c. 20. (35) Section 9 was amended by section 4 of, and paragraph 141 of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11) and S.I. 2013/755. There are other amendments to section 9 that are not relevant to this Order. (36) S.I. 2010/948, amended by S.I. 2011/987. There are other amending instruments but none are relevant to this Order. 7Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. Defence to proceedings in respect of statutory nuisance 7.—(1) Where proceedings are brought under section 82(1) (summary proceedings by a person aggrieved by statutory nuisance) of the Environmental Protection Act 1990(37) in relation to a nuisance falling within paragraph (g) of section 79(1) (noise emitted from premises so as to be prejudicial to health or a nuisance) of that Act no order may be made, and no fine may be imposed, under section 82(2) of that Act if— (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, maintenance or decommissioning of the authorised development and that the nuisance is attributable to the construction, maintenance or decommissioning of the authorised development in accordance with a notice served under section 60 (control of noise on construction site) of the Control of Pollution Act 1974(38), or a consent given under section 61 (prior consent for work on construction sites) of that Act; (ii)is a consequence of the construction or maintenance of the authorised development and that it cannot reasonably be avoided; or (b) the nuisance is a consequence of the use of the authorised development and that it cannot be reasonably 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 the premises by the undertaker for the purposes of, or in connection with, the construction or maintenance of the authorised development. PART 3 STREETS Street works 8.—(1) The undertaker may, for the purposes of the authorised development, enter on so much of any of the streets specified in Schedule 4 (streets subject to street works) and may— (a) break up or open the street, or any sewer, drain or tunnel under it; (b) drill, tunnel or bore under the street; (c) place and keep apparatus in the street; (d) maintain apparatus in the street, change its position or remove it; (e) repair, replace or otherwise alter the surface or structure of the street or any culvert under the street; and (f) execute any works required for or incidental to any works referred to in sub-paragraphs (a) to (e). (2) The authority given by paragraph (1) is a statutory right or licence for the purposes of sections 48(3) (streets, street works and undertakers) and 51(1) (prohibition of unauthorised street works) of the 1991 Act. (3) Where the undertaker is not the street authority, the provisions of sections 54 (notice of certain works) to 106 (index of defined expressions) of the 1991 Act apply to any street works carried out under paragraph (1). (37) 1990 c. 43. Section 82 was amended by section 103 of the Clean Neighbourhoods and Environment Act 2005 (c. 16); section 79 was amended by sections 101 and 102 of the same Act. There are other amendments not relevant to this Order. (38) 1974 c. 40. 8Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. Application of permit scheme 9.—(1) The permit scheme applies with the modifications set out in this article to street works carried out under the powers conferred by article 8 (street works), article 10 (power to alter layout, etc., of streets), article 11 (construction and maintenance of altered streets) and article 15 (access to works) of this Order. (2) For the purposes of this Order— (a) a permit may not be refused or granted subject to conditions which relate to the imposition of moratoria; (b) a permit may not be granted subject to conditions where compliance with those conditions would constitute a breach of this Order or where the undertaker would be unable to comply with those conditions through the exercise of the powers conferred by this Order; (c) a permit may not be refused where the proposed reason for refusal is the inability to impose a condition where that condition would not comply with sub-paragraph(b); and (d) where a provisional advance authorisation has been granted to the undertaker in advance of the grant of a permit in relation to the construction of the authorised development, the highway authority may not grant a permit for any other works in the location during the time period to which that provisional advance authorisation relates save that nothing will restrict the ability of the highway authority to grant a permit for immediate works. (3) Irrespective of anything which is stated to the contrary within the permit scheme, where the undertaker submits an application for a permit in relation to street works carried out under article 8 (street works) of this Order subject to proposed conditions and the highway authority wishes for different conditions to be imposed on the permit, the highway authority must seek to reach agreement with the undertaker on the conditions subject to which the permit is to be granted and provide alternative permit conditions, as appropriate, to the undertaker within 10 working days following the date on which the application for the permit is made by the undertaker and must not refuse an application for a permit before the end of the period which is five working days following the date on which the alternative permit conditions are provided to the undertaker. (4) Where the undertaker confirms its agreement to the alternative permit conditions provided by the relevant highway authority pursuant to paragraph (3) before the expiry of five working days following the date on which any such alternative permit conditions are provided to the undertaker, the relevant highway authority must grant the permit subject to those conditions. (5) Any alternative permit conditions provided by the highway authority in accordance with paragraph (3) must comply with paragraph (2). (6) References to moratoria in paragraph (2) mean restrictions imposed under section 58 (restrictions on works following substantial road works) or section 58A (restrictions on works following substantial street works) of the 1991 Act. (7) Reference to immediate works in paragraph (2)(d) means emergency works as that term is defined in section 52 (emergency works) of the 1991 Act and urgent works as that term is defined in regulation 3(1) of the Street Works (Registers, Notices, Directions and Designations) (England) Regulations 2007. (8) Without restricting the undertaker’s recourse to any alternative appeal mechanism which may be available under the permit scheme or otherwise, the undertaker may appeal any decision to refuse to grant a permit or to grant a permit subject to conditions pursuant to the permit scheme in accordance with the mechanism set out in Schedule 15 (Discharge of Requirements) of this Order in the same way as if it were a requirement. 9Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. Power to alter layout, etc., of streets 10.—(1) The undertaker may for the purposes of the authorised development alter the layout of or carry out any works in the street— (a) in the case of the streets specified in column 2 of the table in Part 1 (permanent alteration of layout) of Schedule 5 (alteration of streets) permanently in the manner specified in relation to that street in column 3; and (b) in the case of the streets as specified in column 2 of the table in Part 2 (temporary alteration of layout) of Schedule 5 temporarily in the manner specified in relation to that street in column 3. (2) Without prejudice to the specific powers conferred by paragraph (1), but subject to paragraphs (3) and (4), the undertaker may, for the purposes of constructing, operating or maintaining the authorised development, alter the layout of any street and, without limitation on the scope of this paragraph, the undertaker may— (a) alter the level or increase the width of any kerb, footway, cycle track or verge; (b) make and maintain passing places; and (c) alter, remove, replace and relocate any street furniture, including bollards, lighting columns, road signs and chevron signs. (3) The undertaker must restore any street that has been temporarily altered under this Order to the reasonable satisfaction of the street authority. (4) The powers conferred by paragraph (2) must not be exercised without the prior consent of the street authority, such consent to be in a form reasonably required by the street authority who may attach reasonable conditions to any such consent. (5) Paragraphs (3) and (4) do not apply where the undertaker is the street authority for a street in which the works are being carried out. Construction and maintenance of altered streets 11.—(1) The permanent alterations to each of the streets specified in Part 1 (permanent alteration of layout) of Schedule 5 (alteration of streets) to this Order must be completed to the reasonable satisfaction of the highway or street authority (as relevant) and, unless otherwise agreed by the highway or street authority, the alterations must be maintained by and at the expense of the undertaker for a period of 12 months from their completion and from the expiry of that period by and at the expense of the highway or street authority (as relevant). (2) Subject to paragraph (3), the temporary alterations to each of the streets specified in Part 2 (temporary alteration of layout) of Schedule 5 must be completed to the reasonable satisfaction of the street authority and the temporary alterations must be maintained by and at the expense of the undertaker for the duration that the temporary alterations are used by the undertaker for the purposes of construction or decommissioning of the authorised development. (3) Those restoration works carried out pursuant to article 10(3) (power to alter layout, etc., of streets) must be completed to the reasonable satisfaction of the street authority and must be maintained by the undertaker for a period of 12 months from their completion and from the expiry of that period by and at the expense of the street authority. (4) In any action against the undertaker in respect of loss or damage resulting from any failure by it to maintain a street under this article, it is a defence (without prejudice to any other defence or the application of the law relating to contributory negligence) to prove that the undertaker had taken such care as in all the circumstances was reasonably required to secure that the part of the street to which the action relates was not dangerous to traffic. 10Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (5) For the purposes of a defence under paragraph (4), a court must in particular have regard to the following matters— (a) the character of the street including the traffic which was reasonably to be expected to use it; (b) the standard of maintenance appropriate for a street of that character and used by such traffic; (c) the state of repair in which a reasonable person would have expected to find the street; (d) whether the undertaker knew, or could reasonably have been expected to know, that the condition of the part of the street to which the action relates was likely to cause danger to users of the street; and (e) where the undertaker could not reasonably have been expected to repair that part of the street before the cause of action arose, what warning notices of its condition had been displayed, but for the purposes of such a defence it is not relevant that the undertaker had arranged for a competent person to carry out or supervise the maintenance of that part of the street to which the action relates unless it is also proved that the undertaker had given that person proper instructions with regard to the maintenance of the street and that those instructions had been carried out. (6) Paragraphs (2) to (5) do not apply where the undertaker is the street authority for a street in which the works are being carried out. Temporary closure of streets and public rights of way 12.—(1) The undertaker, during and for the purposes of constructing or maintaining the authorised development, may temporarily close, prohibit the use of, restrict the use of, authorise the use of, alter or divert any street or public right of way and may for any reasonable time— (a) divert the traffic or a class of traffic from the street or public right of way; (b) authorise the use of motor vehicles on classes of public rights of way where, notwithstanding the provisions of this article, there is otherwise no public right to use motor vehicles; and (c) subject to paragraph (2), prevent all persons from passing along the street or public right of way. (2) The undertaker must provide reasonable access for pedestrians going to or from premises abutting a street or public right of way affected by the temporary closure, prohibition, restriction, alteration or diversion of a street or public right of way under this article if there would otherwise be no such access. (3) Without prejudice to the generality of paragraph (1), the undertaker may temporarily close, prohibit the use of, authorise the use of, restrict the use of, alter or divert— (a) the streets specified in column 2 of the table in Part 1 (streets to be temporarily closed) of Schedule 6 (streets and public rights of way) to the extent specified in column 3 of that table; (b) the public rights of way specified in column 2 of the table in Part 2 (public rights of way to be temporarily closed and diverted) of Schedule 6 to the extent specified in column 3 of that table; (c) the public rights of way specified in column 2 of the table in Part 3 (permanent use of motor vehicles on public rights of way) of Schedule 6 to the extent specified in column 3 of that table; (d) the public rights of way specified in column 2 of the table in Part 4 (temporary management of public rights of way) of Schedule 6 to the extent specified in column 3 of that table; and 11Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (e) the public rights of way specified in column 2 of the table in Part 5 (temporary use of motor vehicles on public rights of way) of Schedule 6 to the extent specified in column 3 of that table. (4) The undertaker must not temporarily close, prohibit the use of, authorise the use of, restrict the use of, alter or divert— (a) any street or public right of way specified in paragraph (3) without first consulting the street authority; and (b) any other street or public right of way without the consent of the street authority, and the street authority may attach reasonable conditions to any such consent. (5) Any person who suffers loss by the suspension of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act. (6) Without prejudice to the scope of paragraph (1), the undertaker may use any street or public right of way which has been temporarily closed under the powers conferred by this article and within the Order limits as a temporary working site. (7) In this article expressions used in this article and in the 1984 Act have the same meaning. (8) Nothing in this article prevents the undertaker from temporarily closing, prohibiting the use of, authorising the use of, restricting the use of, altering or diverting a street or public right of way under this article more than once. (9) The undertaker, during and for the purposes of carrying out the authorised development, may close, prohibit the use of, restrict the use of, alter or divert any public right of way within the Order limits which is added to the definitive map and statement (within the meaning of the Wildlife and Countryside Act 1981) on or after 31 October 2024. Stopping up of public rights of way 13.—(1) Subject to the provisions of this article, the undertaker may close the public rights of way shown on the rights of way and access plans and specified in Part 6 (stopping up and diversion of public rights of way) of Schedule 6 (streets and public rights of way) to the extent specified and described in column (3) of that Part of that Schedule. (2) No public right of way specified in Part 6 of Schedule 6 is to be wholly or partly stopped up under this article unless— (a) the new public right of way to be constructed and substituted for it, which is specified in column (4) of that Part of that Schedule, has been completed to the reasonable satisfaction of the street authority and is open for use; or (b) an appropriate temporary alternative route for the passage of such traffic as could have used the public right of way to be stopped up is first provided and subsequently maintained by the undertaker, to the reasonable satisfaction of the street authority, between the commencement and termination points for that public right of way until the completion and opening of the new public right of way in accordance with sub-paragraph (a). (3) Where a public right of way has been stopped up and the new permanent route completed under sub-paragraph (2)— (a) all rights of way over or along the public right of way so stopped up are extinguished; and (b) the undertaker may appropriate and use for the purposes of the authorised development the site of that public right of way only where that public right of way is bounded on both sides by land owned by the undertaker. (4) Following the opening for public use of the new route of a public right of way once the previous route has been stopped up and diverted under the powers conferred by this article, the 12Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. undertaker must supply the surveying authority with plans of the new route of the public right of way together with a statement of the modifications required to the definitive map and statement. (5) The plans and statement of modifications to the definitive statement referred to in paragraph (4) are deemed to be an order modifying the definitive map and statement made under section 53(3)(a) (duty to keep definitive map and statement under continuous review) of the Wildlife and Countryside Act 1981. (6) This article is subject to article 33 (apparatus and rights of statutory undertakers in closed streets). (7) In this article “surveying authority” has the meaning given to it by section 66(1) (interpretation of Part III) of the Wildlife and Countryside Act 1981. Use of private roads 14.—(1) The undertaker may use the private roads within the Order limits as specified on the streets, rights of way and access plans for the passage of persons or vehicles (with or without materials, plant and machinery) for the purposes of, or in connection with, the construction or maintenance of the authorised development. (2) The undertaker must compensate the person liable for the repair of a road to which paragraph (1) applies for any loss or damage which that person may suffer by reason of the exercise of the power conferred by paragraph (1). (3) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of such compensation, is to be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act. Access to works 15. The undertaker may, for the purposes of the authorised development— (a) form and lay out the permanent means of access, or improve existing means of access, in the locations specified in Part 1 (permanent means of access to works) of Schedule 7 (means of access to works); (b) form and lay out the temporary means of access, or improve existing means of access, in the locations specified in Part 2 (temporary means of access to works) of Schedule 7; and (c) with the approval of the relevant planning authority after consultation with the highway authority, form and lay out such other means of access or improve existing means of access, at such locations within the Order limits as the undertaker reasonably requires for the purposes of the authorised development. Agreements with street authorities 16.—(1) A street authority and the undertaker may enter into agreements with respect to— (a) the strengthening, improvement, repair or reconstruction of any street under the powers conferred by this Order; (b) any closure, prohibition, restriction, alteration or diversion of a street authorised by this Order; (c) the undertaking in the street of any of the works referred to in article 8 (street works), article 10 (power to alter layout, etc., of streets), article 11 (construction and maintenance of altered streets) and article 15 (access to works); or (d) the adoption by a street authority which is the highway authority of works— (i)undertaken on a street which is existing public maintainable highway; or 13Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (ii)which the undertaker and highway authority agree to be adopted as public maintainable highway. (2) If such agreement provides that the street authority must undertake works on behalf of the undertaker the agreement may, without prejudice to the generality of paragraph (1)— (a) make provision for the street authority to carry out any function under this Order which relates to the street in question; (b) specify a reasonable time for the completion of the works; and (c) contain such terms as to payment and otherwise as the parties consider appropriate. (3) Prior to the commencement of any works under Part 3 of this Order, the undertaker must enter into an agreement which is substantially in accordance with the framework highways works agreement between the City of Doncaster Council and the undertaker dated 20 August 2025, or any subsequent replacement agreement as to highways works. Traffic regulation measures 17.—(1) Subject to the provisions of this article the undertaker may at any time, in the interests of safety and for the purposes of, or in connection with, the construction of the authorised development, temporarily place traffic signs and signals in the extents of the road specified in column 2 of the table in Schedule 8 (traffic regulation measures) and the placing of those traffic signs and signals is deemed to have been permitted by the traffic authority for the purposes of section 65 of the 1984 Act and the Traffic Signs Regulations and General Directions 2016(39). (2) Subject to the provisions of this article and without limitation to the exercise of the powers conferred by paragraph (1), the undertaker may make temporary provision for the purposes of the construction of the authorised development— (a) as to the speed at which vehicles may proceed along any road; (b) permitting, prohibiting or restricting the stopping, waiting, loading or unloading of vehicles on any road; (c) as to the prescribed routes for vehicular traffic or the direction or priority of vehicular traffic on any road; (d) permitting, prohibiting or restricting the use by vehicular traffic or non-vehicular traffic of any road; and (e) suspending or amending in whole or in part any order made, or having effect as if made, under the 1984 Act. (3) No speed limit imposed by or under this Order applies to vehicles falling within regulation 3(4) of the Road Traffic Exemptions (Special Forces) (Variation and Amendment) Regulations 2011(40) when in accordance with regulation 3(5) of those regulations. (4) Before exercising the power conferred by paragraph (2) the undertaker must— (a) consult with the chief officer of police in whose area the road is situated; and (b) obtain the written consent of the traffic authority and the street authority may attach reasonable conditions to any such consent. (5) The undertaker must not exercise the powers in paragraph (1) or (2) unless it has— (a) given not less than four weeks’ notice in writing of its intention so to do to the chief officer of police and to the traffic authority in whose area the road is situated; (39) S.I. 2016/362. (40) S.I. 2011/935. 14Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (b) not less than five working days before the provision is to take effect published the undertaker’s intention to make the provision in one or more newspapers circulating in the area in which any road to which the provision relates is situated; and (c) not less than five working days before the provision is to take effect, displayed a site notice containing the same information as in the newspaper notices specified at sub-paragraph (b) at each end of the length of road affected. (6) Any provision made under the powers conferred by paragraph (1) or (2) of this article may be suspended, varied or revoked by the undertaker from time to time by subsequent exercise of the powers conferred by paragraph (1) or (2). (7) Any provision made by the undertaker under paragraph (1) or (2)— (a) must be made by written instrument in such form as the undertaker considers appropriate; (b) has effect as if duly made by the traffic authority in whose area the road is situated as a traffic regulation order under the 1984 Act and the instrument by which it is effected may specify specific savings and exemptions to which the provision is subject; and (c) is deemed to be a traffic order for the purposes of Schedule 7 to the Traffic Management Act 2004(41) (road traffic contraventions subject to civil enforcement). (8) A copy of the instrument referred to in paragraph (7)(a) must be served on the traffic authority as soon as reasonably practicable after being made. PART 4 SUPPLEMENTAL POWERS Discharge of water 18.—(1) Subject to paragraphs (3), (4) and (8) the undertaker may use any watercourse or any public sewer or drain for the drainage of water in connection with the construction or maintenance of the authorised development and for that purpose may lay down, take up and alter pipes and may, on any land within the Order limits, make openings into, and connections with, the watercourse, public sewer or drain. (2) Any dispute arising from the making of connections to or the use of a public sewer or drain by the undertaker under paragraph (1) is to be determined as if it were a dispute under section 106 (right to communicate with public sewers) of the Water Industry Act 1991(42). (3) The undertaker must not discharge any water into any watercourse, public sewer or drain except with the consent of the person to whom it belongs whose consent may be given subject to terms and conditions as that person may reasonably impose. (4) The undertaker must not carry out any works to or make any opening into any public sewer or drain except— (a) in accordance with plans approved by the person to whom the sewer or drain belongs; and (b) where that person has been given the opportunity to supervise the making of the opening. (5) Subject to paragraph (6) the undertaker must not, in carrying out or maintaining works pursuant to this article, damage or interfere with the bed or banks of, or construct any works in, under, over or within eight metres of, any watercourse forming part of a main river, or within 16 metres of a tidally influenced main river without the prior written consent of the Environment Agency. (41) 2004 c. 18. (42) 1991 c. 56. 15Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (6) Where the undertaker discharges water into, or makes any opening into, a watercourse, public sewer or drain belonging to or under the control of a drainage authority (as defined in Part 3 of Schedule 14 (protective provisions)), the provisions of Part 3 of Schedule 14 apply in substitution for the provisions of paragraphs (3) and (4). (7) The undertaker must take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain pursuant to this article is as free as may be practicable from gravel, soil or other solid substance, oil or matter in suspension. (8) This article does not authorise the entry into controlled waters (within the meaning given by section 104 of the Water Resources Act 1991(43)) of any matter whose entry or discharge into controlled waters requires a licence pursuant to the Environmental Permitting (England and Wales) Regulations 2016(44). (9) In this article— (a) “public sewer or drain” means a sewer or drain which belongs to Homes England, the Environment Agency, an internal drainage board, a joint planning board, a local authority, a National Park Authority, a sewerage undertaker or an urban development corporation; and (b) other expressions, excluding watercourse, used both in this article and in the Water Resources Act 1991(45) have the same meaning as in that Act. Protective works to buildings 19.—(1) Subject to the following provisions of this article, the undertaker may at its own expense carry out such protective works to any building lying within the Order land as the undertaker considers necessary or expedient. (2) Protective works may be carried out— (a) at any time before or during the construction of any part of the authorised development in the vicinity of the building; or (b) after the completion of that part of the authorised development in the vicinity of the building at any time up to the end of the period of five years beginning with the date of final commissioning. (3) For the purpose of determining how the powers under this article are to be exercised, the undertaker may enter and survey any building falling within paragraph (1) and any land within its curtilage. (4) For the purpose of carrying out protective works under this article to a building, the undertaker may (subject to paragraphs (5) and (6))— (a) enter the building and any land within its curtilage; and (b) where the works cannot be carried out reasonably conveniently without entering land which is adjacent to the building but outside its curtilage, enter the adjacent land (but not any building erected on it). (5) Before exercising— (a) a right under paragraph (1) to carry out protective works to a building; (b) a right under paragraph (3) to enter a building and land within its curtilage; (c) a right under paragraph (4)(a) to enter a building and land within its curtilage; or (d) a right under paragraph (4)(b) to enter land, (43) 1991 c. 57. (44) S.I. 2016/1154. (45) 1991 c. 57 16Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. the undertaker must, except in the case of emergency, serve on the owners and occupiers of the building or land not less than 14 days’ notice of its intention to exercise that right and, in a case falling within sub-paragraph (a), (c) or (d), specifying the protective works proposed to be carried out. (6) Where a notice is served under paragraph (5)(a), (5)(c) or (5)(d), the owner or occupier of the building or land concerned may, by serving a counter-notice within the period of 10 days beginning with the day on which the notice was served, question whether it is necessary or expedient to carry out the protective works or to enter the building or land to be referred to arbitration under article 43 (arbitration). (7) The undertaker must compensate the owners and occupiers of any building or land in relation to which powers under this article have been exercised for any loss or damage arising to them by reason of the exercise of those powers. (8) W here— (a) protective works are carried out under this article to a building; and (b) within the period of five years beginning with the date of final commissioning it appears protective works are inadequate to protect the building against damage caused by the construction or use of that part of the authorised development, the undertaker must compensate the owners and occupiers of the building for any loss or damage sustained by them. (9) Nothing in this article relieves the undertaker from any liability to pay compensation under section 10(2) (compensation for injurious affection) of the 1965 Act. (10) Any compensation payable under paragraph (7) or (8) must be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act. (11) Section 13 (refusal to give possession to acquiring authority)(46) of the 1965 Act applies to the entry onto, or possession of, land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act. (12) In this article “protective works” in relation to a building means— (a) underpinning, strengthening and any other works the purpose of which is to prevent damage which may be caused to the building by the construction, maintenance or use of the authorised development; and (b) any works the purpose of which is to remedy any damage which has been caused to the building by the construction, maintenance or use of the authorised development. Authority to survey and investigate the land 20.—(1) The undertaker may for the purposes of this Order enter on any land shown within the Order limits or enter on any land which may be affected by the authorised development or enter on any land upon which entry is required in order to carry out monitoring or surveys in respect of the authorised development and— (a) survey or investigate the land; (b) without prejudice to the generality of sub-paragraph (a), make trial holes or bore holes in such positions on the land as the undertaker thinks fit to investigate the nature of the surface layer and subsoil and groundwater and remove soil and groundwater samples; (c) without prejudice to the generality of sub-paragraph (a), carry out ecological or archaeological investigations on such land, including the digging of trenches; and (46) Section 13 was amended by sections 62(3), 139(4) to (9) and 146 of, and paragraphs 27 and 28 of Schedule 13 and Part 3 of Schedule 23 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15). 17Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (d) place on, leave on and remove from the land apparatus for use in connection with the survey and investigation of land and making of trial holes, bore holes or trenches. (2) No land may be entered or equipment placed or left on or removed from the land under paragraph (1) unless at least 14 days’ notice has been served on every owner and occupier of the land. (3) Any person entering land under this article on behalf of the undertaker— (a) must, if so required before entering the land, produce written evidence of their authority to do so; and (b) may take with them such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes. (4) No trial holes are to be made under this article— (a) in land located within the highway boundary without the consent of the highway authority; or (b) in a private street without the consent of the street authority. (5) The undertaker must compensate the owners and occupiers of the land for any loss or damage arising by reason of the exercise of the authority conferred by this article, such compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act. (6) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the entry onto, or possession of, land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act. PART 5 POWERS OF ACQUISITION Compulsory acquisition of land 21.—(1) The undertaker may— (a) acquire compulsorily so much of the Order land as is required for the authorised development or to facilitate it, or as is incidental, to it; and (b) use any land so acquired for the purpose authorised by this Order or for any other purposes in connection with or ancillary to the authorised development. (2) Paragraph (1) does not apply in relation to any mine or minerals rights. (3) This article is subject to article 22 (time limit for exercise of authority to acquire land compulsorily), article 23 (compulsory acquisition of rights), article 24 (private rights), article 26 (acquisition of subsoil only), article 27 (power to override easements and other rights), article 30 (temporary use of land for constructing the authorised development), and article 32 (statutory undertakers). Time limit for exercise of authority to acquire land compulsorily 22.—(1) The applicable period for the purposes of section 4 of the 1965 Act (time limit for giving notice to treat) and section 5A of the 1981 Act (time limit for general vesting declaration) is five years beginning on the day on which this Order is made. (2) No notice to treat is to be served under Part 1 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act and no declaration is to be executed under section 4 (execution of 18Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. declaration) of the 1981 Act as applied by article 25 (application of the 1981 Act) after the end of the applicable period, including any extension to the applicable period pursuant to those Acts. (3) The authority conferred by article 30 (temporary use of land for constructing the authorised development) ceases after the end of the applicable period referred to in paragraph (1), save that if an application is made under section 118 of the 2008 Act (legal challenges relating to applications for orders granting development consent) the applicable period is to be extended by— (a) a period equivalent to the period beginning on the day the application is made and ending on the day it is withdrawn or finally determined; or (b) if shorter, one year. (4) An application is not finally determined for the purposes of paragraph (3)(a) if an appeal in respect of the application— (a) could be brought (ignoring any possibility of an appeal out of time with permission); or (b) has been made and not withdrawn or finally determined. (5) Nothing in paragraph (3) prevents the undertaker remaining in possession of land after the end of that period, if the land was entered and possession was taken before the end of that period. Compulsory acquisition of rights 23.—(1) Subject to paragraph (2) and article 30 (temporary use of land for constructing the authorised development), the undertaker may acquire compulsorily such rights over the Order land or impose such restrictive covenants over the Order land as may be required for any purpose for which that land may be acquired under article 21 (compulsory acquisition of land), by creating them as well as by acquiring rights already in existence. (2) Subject to the provisions of this paragraph, article 24 (private rights) and article 32 (statutory undertakers), in the case of the Order land specified in column 1 of Schedule 9 (land in which only new rights etc. may be acquired) the undertaker’s powers of compulsory acquisition are limited to the acquisition of existing rights and benefit of restrictive covenants over that land and the creation and acquisition of such new rights and the imposition of restrictive covenants for the purpose specified in relation to that land in column 2 of that Schedule. (3) Subject to section 8 (other provisions as to divided land) and Schedule 2A (counter-notice requiring purchase of land) of the 1965 Act (as substituted by paragraph 5(8) of Schedule 10 (modification of compensation and compulsory purchase enactments for the creation of new rights and imposition of new restrictive covenants)), where the undertaker creates or acquires an existing right over land or the benefit of a restrictive covenant under paragraph (1) or (2), the undertaker is not required to acquire a greater interest in that land. (4) Schedule 10 has effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right or the imposition of restrictive covenants. (5) In any case where the acquisition of new rights or imposition of a restriction under paragraph (1) or (2) is required for the purpose of diverting, replacing or protecting apparatus of a statutory undertaker, the undertaker may, with the consent of the Secretary of State, transfer the power to acquire such rights to the statutory undertaker in question. (6) The exercise by a statutory undertaker of any power in accordance with a transfer under paragraph (5) is subject to the same restrictions, liabilities and obligations as would apply under this Order if that power were exercised by the undertaker. 19Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. Private rights 24.—(1) Subject to the provisions of this article, all private rights and restrictive covenants over land subject to compulsory acquisition under article 21 (compulsory acquisition of land) cease to have effect in so far as their continuance would be inconsistent with the exercise of the powers under article 21— (a) from the date of acquisition of the land by the undertaker, whether compulsorily or by agreement; or (b) on the date of entry on the land by the undertaker under section 11(1) (power of entry) of the 1965 Act, whichever is the earliest. (2) Subject to the provisions of this article, all private rights or restrictive covenants over land subject to the compulsory acquisition of rights or the imposition of restrictive covenants under article 23 (compulsory acquisition of rights) cease to have effect in so far as their continuance would be inconsistent with the exercise of the right or compliance with the restrictive covenant— (a) as from the date of the acquisition of the right or imposition of the restrictive covenant by the undertaker (whether the right is acquired compulsorily, by agreement or through the grant of a lease of the land by agreement); or (b) on the date of entry on the land by the undertaker under section 11(1) (power of entry) of the 1965 Act in pursuance of the right, whichever is the earliest. (3) Subject to the provisions of this article, all private rights or restrictive covenants over land of which the undertaker takes temporary possession under this Order are suspended and unenforceable, in so far as their continuance would be inconsistent with the purpose for which temporary possession is taken, for as long as the undertaker remains in lawful possession of the land. (4) Any person who suffers loss by the extinguishment or suspension of any private right or restrictive covenant under this article is entitled to compensation in accordance with the terms of section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act. (5) This article does not apply in relation to any right to which section 138 (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) of the 2008 Act or article 32 (statutory undertakers) applies. (6) Paragraphs (1) to (3) have effect subject to— (a) any notice given by the undertaker before— (i)the completion of the acquisition of the land or the acquisition of rights or the imposition of restrictive covenants over or affecting the land; (ii)the undertaker’s appropriation of the land; (iii)the undertaker’s entry onto the land; or (iv)the undertaker’s taking temporary possession of the land, that any or all of those paragraphs do not apply to any right specified in the notice; or (b) any agreement made at any time between the undertaker and the person in or to whom the right in question is vested or belongs. (7) If an agreement referred to in paragraph (6)(b)— (a) is made with a person in or to whom the right is vested or belongs; and 20Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (b) is expressed to have effect also for the benefit of those deriving title from or under that person, the agreement is effective in respect of the persons so deriving title, whether that title was derived before or after the making of the agreement. (8) References in this article to private rights over land include any right of way, trust, incident, restrictive covenant, easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support; and include restrictions as to the user of land arising by virtue of a contract, agreement or undertaking having that effect. Application of the 1981 Act 25.—(1) The 1981 Act applies as if this Order were a compulsory purchase order. (2) The 1981 Act, as applied by paragraph (1), has effect with the following modifications. (3) In section 1 (application of the Act), for subsection 2 substitute— “(2) This section applies to any Minister, any local or other public authority or any other body or person authorised to acquire land by means of a compulsory purchase order.”. (4) In section 5(2) (earliest date for execution of declaration) omit the words from “and this subsection” to the end. (5) In section 5B(1)(47) (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the three year period mentioned in 5A” substitute “section 118 (legal challenges relating to applications for orders granting development consent) of the 2008 Act”. (6) In section 6 (notices after extension of declaration), in subsection (1)(b) for “section 15 of, or paragraph 6 of Schedule 1 to, the Acquisition of Land Act 1981” substitute “section 134 (notice of authorisation of compulsory acquisition) of the Planning Act 2008”. (7) In section 7 (constructive notice to treat), in subsection (1)(a) omit the words “(as modified by section 4 of the Acquisition of Land Act 1981)”. (8) In Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration), for paragraph 1(2) substitute— “(2) But see article 26(3) (acquisition of subsoil only) of the Fenwick Solar Farm Order 2026, which excludes the acquisition of subsoil only from this Schedule.”. (9) References to the 1965 Act in the 1981 Act must be construed as references to the 1965 Act as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (and as modified by article 28 (modification of Part 1 of the Compulsory Purchase Act 1965)) to the compulsory acquisition of land under this Order. Acquisition of subsoil only 26.—(1) The undertaker may acquire compulsorily so much of, or such rights in, the subsoil of the land referred to in paragraph (1) of article 21 (compulsory acquisition of land) or article 23 (compulsory acquisition of rights) as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land. (2) Where the undertaker acquires any part of, or rights in, the subsoil of land, the undertaker is not required to acquire an interest in any other part of the land. (3) The following do not apply in connection with the exercise of the power under paragraph (1) in relation to subsoil only— (47) 1981 c. 66. As amended by section 202(2) of the Housing and Planning Act 2016 (c. 22) and section 185(3)(b) of the Levelling- up and Regeneration Act 2023 (c. 55). 21Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (a) Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act; (b) Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration) to the 1981 Act; and (c) section 153(4A) (blighted land: proposed acquisition of part interest; material detriment test) of the 1990 Act. (4) Paragraphs (2) and (3) are to be disregarded where the undertaker acquires a cellar, vault, arch or other construction forming part of a house, building or manufactory. Power to override easements and other rights 27.—(1) Any authorised activity which takes place on land within the Order land (whether the activity is undertaken by the undertaker or by any person deriving title from the undertaker or by any contractors, servants or agents of the undertaker) is authorised by this Order if it is done in accordance with the terms of this Order, notwithstanding that it involves— (a) an interference with an interest or right to which this article applies; or (b) a breach of a restriction as to the user of land arising by virtue of a contract. (2) In this article “authorised activity” means— (a) the erection, construction or maintenance of any part of the authorised development; (b) the exercise of any power authorised by the Order; or (c) the use of any land within the Order land (including the temporary use of land). (3) The interests and rights to which this article applies include any easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support and include restrictions as to the user of land arising by virtue of a contract. (4) Where an interest, right or restriction is overridden by paragraph (1), compensation— (a) is payable under section 7 (measure of compensation in case of severance) or 10 (further provision as to compensation for injurious affection) of the 1965 Act; and (b) is to be assessed in the same manner and subject to the same rules as in the case of other compensation under those sections where— (i)the compensation is to be estimated in connection with a purchase under that Act; or (ii)the injury arises from the execution of works on or use of land acquired under that Act. (5) Where a person deriving title under the undertaker by whom the land in question was acquired— (a) is liable to pay compensation by virtue of paragraph (4); and (b) fails to discharge that liability, the liability is enforceable against the undertaker. (6) Nothing in this article is to be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than such an interference or breach as is mentioned in paragraph (1). Modification of Part 1 of the Compulsory Purchase Act 1965 28.—(1) Part 1 (compulsory acquisition under the Acquisition of Land Act 1981) of the 1965 Act, as applied to this Order by section 125 (application of compulsory acquisition provisions) of the 2008 Act, is modified as follows. 22Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (2) In section 4A(1) (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to the High Court in respect of compulsory purchase order)” substitute “section 118 (legal challenges relating to applications for orders granting development consent) of the 2008 Act”. (3) In section 11A (powers of entry: further notice of entry)— (a) in subsection (1)(a), after “land” insert “under that provision”; and (b) in subsection (2), after “land” insert “under that provision”. (4) In section 22(2) (interests omitted from purchase), for “section 4 of this Act” substitute “article 22 (time limit for exercise of authority to acquire land compulsorily) of the Fenwick Solar Farm Order 2026”. (5) In Schedule 2A (counter-notice requiring purchase of land not in notice to treat)— (a) for paragraphs 1(2) and 14(2) substitute— “(2) But see article 26(3) (acquisition of subsoil only) of the Fenwick Solar Farm Order 2026, which excludes the acquisition of subsoil only from this Schedule.”; and (b) after paragraph 29 insert— “PART 4 INTERPRETATION 30. In this Schedule, references to entering on and taking possession of land do not include doing so under article 19 (protective works to buildings), article 30 (temporary use of land for constructing the authorised development) or article 31 (temporary use of land for maintaining the authorised development) of the Fenwick Solar Farm Order 2026.”. Rights under or over streets 29.—(1) The undertaker may enter on, appropriate and use so much of the subsoil of or airspace over any street within the Order limits as may be required for the purposes of the authorised development and may use the subsoil or airspace for those purposes or any other purpose ancillary to the authorised development. (2) Subject to paragraph (3), the undertaker may exercise any power conferred by paragraph (1) in relation to a street without being required to acquire any part of the street or any easement or right in the street. (3) Paragraph (2) does not apply in relation to— (a) any subway or underground building; or (b) any cellar, vault, arch or other construction in, on or under a street which forms part of a building fronting onto the street. (4) Subject to paragraph (5), any person who is an owner or occupier of land appropriated under paragraph (1) without the undertaker acquiring any part of that person’s interest in the land, and who suffers loss as a result, is entitled to compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act. (5) Compensation is not payable under paragraph (4) to any person who is an undertaker to whom section 85 (sharing cost of necessary measures) of the 1991 Act applies in respect of measures of which the allowable costs are to be borne in accordance with that section. 23Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. Temporary use of land for constructing the authorised development 30.—(1) The undertaker may, in connection with the construction of the authorised development— (a) enter on and take temporary possession of— (i)so much of the land specified in column (1) of the table in Schedule 11 (land of which temporary possession may be taken) for the purpose specified in relation to the land in column (2) of that table; and (ii)any other Order land in respect of which no notice of entry has been served under section 11 (powers of entry) of the 1965 Act(48) and no declaration has been made under section 4 (execution of declaration) of the 1981 Act; (b) remove any agricultural plant and apparatus, drainage, fences, debris and vegetation from that land; (c) construct temporary works (including means of access), haul roads, security fencing, bridges, structures and buildings on that land; (d) use the land for the purposes of a temporary working site with access to the working site in connection with the authorised development; (e) construct any works on that land as are mentioned in Schedule 1 (authorised development); and (f) carry out mitigation works required under the requirements in Schedule 2 (requirements). (2) Paragraph (1) does not authorise the undertaker to take temporary possession of— (a) any house or garden belonging to a house; or (b) any building (other than a house) if it is for the time being occupied. (3) Not less than 28 days before entering on and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land. (4) The undertaker must not, without the agreement of the owners of the land, remain in possession of any land under this article— (a) in the case of the land referred to in paragraph (1)(a)(i) after the end of the period of one year beginning with the date of final commissioning of the part of the authorised development for which temporary possession of the land was taken; or (b) in the case of land referred to in paragraph (1)(a)(ii) after the end of the period of one year beginning with the date of final commissioning of the part of the authorised development for which temporary possession of the land was taken unless the undertaker has, before the end of that period, served a notice of entry under section 11 of the 1965 Act or made a declaration under section 4 of the 1981 Act in relation to that land. (5) Unless the undertaker has served notice of entry under section 11 of the 1965 Act or made a declaration under section 4 of the 1981 Act or otherwise acquired the land or rights over land subject to temporary possession, the undertaker must before giving up possession of land of which temporary possession has been taken under this article, remove all works and restore the land to the reasonable satisfaction of the owners of the land; but the undertaker is not required to— (a) replace any building, structure, debris, drain or electric line removed under this article; (b) remove any drainage works installed by the undertaker under this article; (48) Section 11 was amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land 1981 (c. 67), section 3 of, and Part 1 of Schedule 1 to, the Housing (Consequential Provisions) Act 1985 (c. 71), section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), sections 186(2), 187(2) and 188 of, and paragraph 6 of Schedule 14 and paragraph 3 of Schedule 16 to, the Housing and Planning Act 2016 (c. 22) and S.I. 2009/1307. 24Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (c) remove any new road surface or other improvements carried out under this article to any street specified in Schedule 4 (streets subject to street works), Schedule 5 (alteration of streets) or Schedule 7 (means of access to works); (d) remove any fencing or boundary treatments installed by the undertaker under this article to replace or enhance existing fencing or boundary treatments; or (e) restore the land on which any works have been carried out under paragraph (1)(f) insofar as the works relate to mitigation works identified in the environmental statement or required pursuant to the requirements in Schedule 2. (6) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of any power conferred by this article. (7) Any dispute as to a person’s entitlement to compensation under paragraph (6), or as to the amount of compensation, must be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act. (8) Nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the carrying out of the authorised development, other than loss or damage for which compensation is payable under paragraph (6). (9) Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it. (10) The undertaker must not compulsorily acquire, acquire new rights over or impose restrictive covenants over, the land referred to in paragraph (1)(a)(i) under this Order. (11) Nothing in this article precludes the undertaker from— (a) creating and acquiring new rights or imposing restrictions over any part of the Order land identified in Schedule 9 (land in which only new rights etc. may be acquired); or (b) acquiring any part of the subsoil of (or rights in the subsoil of) that land under article 26 (acquisition of subsoil only) or any part of the subsoil of or airspace over that land under article 29 (rights under or over streets). (12) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act. (13) Nothing in this article prevents the taking of temporary possession more than once in relation to any land that the undertaker takes temporary possession of under this article. Temporary use of land for maintaining the authorised development 31.—(1) Subject to paragraph (2), at any time during the maintenance period relating to any part of the authorised development, the undertaker may— (a) enter on and take temporary possession of any land within the Order land if such possession is reasonably required for the purpose of maintaining the authorised development; (b) enter on any land within the Order land for the purpose of gaining such access as is reasonably required for the purpose of maintaining the authorised development; and (c) construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose. (2) Paragraph (1) does not authorise the undertaker to take temporary possession of— (a) any house or garden belonging to a house; or 25Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (b) any building (other than a house) if it is for the time being occupied. (3) Not less than 28 days before entering on and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land. (4) The undertaker may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance of the part of the authorised development for which possession of the land was taken. (5) Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land. (6) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of this article. (7) Any dispute as to a person’s entitlement to compensation under paragraph (6), or as to the amount of compensation, must be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act. (8) Nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the maintenance of the authorised development, other than loss or damage for which compensation is payable under paragraph (6). (9) Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it. (10) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act. (11) In this article “the maintenance period” means the period of five years beginning with the date of final commissioning of the part of the authorised development for which temporary possession is required under this article except in relation to landscaping where “the maintenance period” means such period as set out in the landscape and ecological management plan which is approved by the relevant planning authority pursuant to requirement 6 (landscape and ecological management plan) beginning with the date on which that part of the landscaping is completed. Statutory undertakers 32. Subject to the provisions of Schedule 14 (protective provisions) the undertaker may— (a) acquire compulsorily, or acquire new rights or impose restrictive covenants over, the land belonging to statutory undertakers shown on the land plans (as certified by the Secretary of State in accordance with article 41) within the Order land; and (b) extinguish the rights of, remove, relocate the rights of or reposition the apparatus belonging to statutory undertakers over or within the Order land. Apparatus and rights of statutory undertakers in closed streets 33. Where a street is altered or diverted, or its use is temporarily prohibited or restricted, or it is stopped up and diverted, under article 8 (street works), article 10 (power to alter layout, etc., of streets), article 11 (construction and maintenance of altered streets), article 12 (temporary closure of streets and public rights of way) or article 13 (stopping up of public rights of way) any statutory undertaker whose apparatus is under, in, on, along or across the street has the same powers and 26Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. rights in respect of that apparatus, subject to Schedule 14 (protective provisions), as if this Order had not been made. Recovery of costs of new connections 34.—(1) Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 32 (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 32, any person who is— (a) the owner or occupier of premises the drains of which communicated with that sewer; or (b) the owner of a private sewer which communicated with that sewer, is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the drain or sewer belonging to that person communicate with any other public sewer or with a private sewerage disposal plant. (3) This article does not have effect in relation to apparatus to which Part 3 (street works in England and Wales) of the 1991 Act applies. (4) In this article— “public communications provider” has the same meaning as in section 151(1) (interpretation of Chapter 1) of the Communications Act 2003(49); and “public utility undertaker” has the same meaning as in the 1980 Act. PART 6 MISCELLANEOUS AND GENERAL Benefit of the Order 35.—(1) Subject to article 36 (consent to transfer the benefit of the Order), the provisions of this Order have effect solely for the benefit of the undertaker. (2) Paragraph (1) does not apply to Work No. 4(b) in respect of which the provisions of this Order are for the benefit of the undertaker and National Grid. Consent to transfer the benefit of the Order 36.—(1) Subject to paragraph (3), the undertaker may— (a) transfer to another person (“the transferee”) any or all of the benefit of the provisions of this Order and such related statutory rights as may be agreed between the undertaker and the transferee; and (b) grant to another person (“the lessee”) for a period agreed between the undertaker and the lessee any or all of the benefit of the provisions of this Order and such related statutory rights as may be so agreed. (49) 2003 c. 21. 27Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (2) Where a transfer or grant has been made references in this Order to the undertaker, except in paragraphs (7) and (9), are to include references to the transferee or lessee. (3) The consent of the Secretary of State is required for the exercise of the powers of paragraph (1) except where— (a) the transferee or lessee is the holder of a licence under section 6 (licences authorising supply etc.) of the 1989 Act; or (b) the time limits for claims for compensation in respect of the acquisition of land or effects upon land under this Order have elapsed and— (i)no such claims have been made; (ii)any such claim has been made and has been compromised or withdrawn; (iii)compensation has been paid in full and final settlement of any such claim; (iv)payment of compensation into court has taken place in lieu of settlement of any such claim; or (v)it has been determined by a tribunal or court of competent jurisdiction in respect of any such claim that no compensation is payable. (4) Where the consent of the Secretary of State is not required, the undertaker must notify the Secretary of State in writing before transferring or granting a benefit referred to in paragraph (1). (5) The notification referred to in paragraph (4) must state— (a) the name and contact details of the person to whom the benefit of the powers will be transferred or granted; (b) subject to paragraph (6), the date on which the transfer will take effect; (c) the powers to be transferred or granted; (d) pursuant to paragraph (9), the restrictions, liabilities and obligations that will apply to the person exercising the powers transferred or granted; (e) where relevant, a plan showing the works or areas to which the transfer or grant relates; and (f) a copy of the document effecting the transfer or grant. (6) The date specified under paragraph (5)(b) must not be earlier than the expiry of 14 working days from the date of the receipt of the notification. (7) The notification given must be signed by the undertaker and the person to whom the benefit of the powers will be transferred or granted as specified in that notification. (8) A copy of any decision by the Secretary of State to approve a transfer or grant under paragraph (3) or the notification of a transfer or grant issues under paragraph (4) shall be provided by the undertaker to the relevant planning authority as soon as reasonably practicable following issuance. (9) Where the undertaker has transferred any benefit, or for the duration of any period during which the undertaker has granted any benefit— (a) the benefit transferred or granted (“the transferred benefit”) must include any rights that are conferred, and any obligations that are imposed, by virtue of the provisions to which the benefit relates; (b) the transferred benefit will reside exclusively with the transferee or, as the case may be, the lessee and the transferred benefit will not be enforceable against the undertaker; and (c) the exercise by a person of any benefits or rights conferred in accordance with any transfer or grant is subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by the undertaker. 28Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. Application of landlord and tenant law 37.—(1) This article applies to— (a) any agreement for leasing to any person the whole or any part of the authorised development or the right to operate the same; and (b) any agreement entered into by the undertaker with any person for the construction, maintenance, use or operation of the authorised development, or any part of it, so far as any such agreement relates to the terms on which any land which is the subject of a lease granted by or under that agreement is to be provided for that person’s use. (2) No enactment or rule of law regulating the rights and obligations of landlords and tenants prejudices the operation of any agreement to which this article applies. (3) Accordingly, no such enactment or rule of law to which paragraph (2) applies in relation to the rights and obligations of the parties to any lease granted by or under any such agreement, so as to— (a) exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter; (b) confer or impose on any such party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease; or (c) restrict the enforcement (whether by action for damages or otherwise) by any party to the lease of any obligation of any other party under the lease. Operational land for the purposes of the 1990 Act 38. Development consent granted by this Order is to be treated as specific planning permission for the purposes of section 264(3) (cases in which land is to be treated as not being operational land) of the 1990 Act. Felling or lopping of trees and removal of hedgerows 39.—(1) Subject to paragraph (2) and article 40 (trees subject to tree preservation orders) the undertaker may fell or lop any tree or shrub within or overhanging the Order limits or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree or shrub from— (a) obstructing or interfering with the construction, maintenance or operation of the authorised development or any apparatus used in connection with the authorised development; (b) constituting a danger to persons using the authorised development; or (c) obstructing or interfering with the passage of construction vehicles to the extent necessary for the purposes of construction of the authorised development. (2) In carrying out any activity authorised by paragraph (1) the undertaker must do no unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from such activity. (3) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, is to be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act. (4) The undertaker may, for the purposes of the authorised development, or in connection with the authorised development, subject to paragraph (2), undertake works to or remove any hedgerows within the Order limits that may be required. 29Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (5) The undertaker may not pursuant to paragraphs (1) and (4) fell or lop a tree or remove hedgerows within the extent of the publicly maintainable highway without the prior consent of the highway authority, and the highway authority may attach reasonable conditions to any such consent. (6) In this article “hedgerow” has the same meaning as in the Hedgerows Regulations 1997(50). Trees subject to tree preservation orders 40.—(1) Subject to paragraph (2), the undertaker must not under the powers of this article fell, lop, prune, or cut back the roots of any tree which is the subject of a tree preservation order. (2) The undertaker may fell or lop any tree which is within or overhanging land within the Order limits that is subject to a tree preservation order which was made after 31 October 2024, or cut back its roots, if it reasonably believes it to be necessary to do so in order to prevent the tree from obstructing or interfering with the construction, maintenance or operation of the authorised development or any apparatus used in connection with the authorised development. (3) In carrying out any activity authorised by paragraph (2)— (a) the undertaker must do no unnecessary damage to any tree and must pay compensation to any person for any loss or damage arising from such activity; and (b) the duty contained in section 206(1) (replacement of trees) of the 1990 Act does not apply. (4) The authority given by paragraph (2) constitutes a deemed consent under the relevant tree preservation order. (5) Any dispute as to a person’s entitlement to compensation under paragraph (3), or as to the amount of compensation, must be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act. Certification of plans and documents, etc. 41.—(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 listed in the table at Schedule 12 (documents and plans to be certified) for certification that they are true copies of the documents referred to in this Order. (2) A plan or document so certified is admissible in any proceedings as evidence of the contents of the document of which it is a copy. No double recovery 42. 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. Arbitration 43.—(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 13 (arbitration rules) of this Order, by a single arbitrator to be agreed upon by the parties, within 10 working 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 is required under any provision of this Order is not subject to arbitration. (50) S.I. 1997/1160. 30Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. Protective provisions 44. Schedule 14 (protective provisions) has effect. Service of notices 45.—(1) A notice or other document required or authorised to be served for the purposes of this Order may be served— (a) by post; (b) by delivering it to the person on whom it is to be served or to whom it is to be given or supplied; or (c) with the consent of the recipient and subject to paragraphs (5) to (8), by electronic transmission. (2) Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body. (3) For the purposes of section 7 (references to service by post) of the Interpretation Act 1978(51) as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address and otherwise— (a) in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and (b) in any other case, the last known address of that person at that time of service. (4) Where for the purpose of this Order a notice or other document is required or authorised to be served on a person as having an interest in, or as the occupier of, land and the name or address of that person cannot be ascertained after reasonable enquiry, the notice may be served by— (a) addressing it to that person by the description of “owner”, or as the case may be “occupier” of the land (describing it); and (b) either leaving it in the hands of the person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land. (5) Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission the requirement is to be taken to be fulfilled only where— (a) the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission in writing or by electronic transmission; (b) the notice or document is capable of being accessed by the recipient; (c) the notice or document is legible in all material respects; and (d) the notice or document is in a form sufficiently permanent to be used for subsequent reference. (6) Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within seven days of receipt that the recipient requires a paper copy of all or any part of that notice or other document the sender must provide such a copy as soon as reasonably practicable. (7) Any consent to the use of an electronic transmission by a person may be revoked by that person in accordance with paragraph (8). (8) Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this Order— (51) 1978 c. 30. 31Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (a) that person must give notice in writing or by electronic transmission revoking any consent given by that person for that purpose; and (b) such revocation is final and takes effect on a date specified by the person in the notice but that date must not be less than seven days after the date on which the notice is given. (9) This article does not exclude the employment of any method of service not expressly provided for by it. (10) In this article “legible in all material respects” means that the information contained in the notice or document is available to that person to no lesser extent that it would be if served, given or supplied by means of a notice or document in printed form. Procedure in relation to certain approvals etc. 46.—(1) Where an application is made to or request is made of, a consenting authority for any consent, agreement or approval required or contemplated by any of the provisions of the Order (not including the requirements), such consent, agreement or approval to be validly given, must be given in writing. (2) Where paragraph (1) applies to any consent, agreement or approval, such consent, agreement or approval must not be unreasonably withheld or delayed. (3) Schedule 15 (procedure for discharge of requirements) has effect in relation to all consents, agreements or approvals required, granted, refused or withheld in relation to the requirements. (4) Save for applications made pursuant to Schedule 15 and where stated to the contrary if, within eight weeks (or such longer period as may be agreed between the undertaker and the relevant consenting authority in writing) after the application or request has been submitted to a consenting authority it has not notified the undertaker of its disapproval and the grounds of disapproval, it is deemed to have approved the application or request. (5) Where any application is made as described in paragraph (1), the undertaker must include a statement in such application that refers to the timeframe for consideration of the application and the consequences of failure to meet that timeframe as prescribed by paragraph (4). (6) Schedule 15 does not apply in respect of any consents, agreements or approvals contemplated by the provisions of Schedule 14 (protective provisions) or any dispute under article 19(6) (protective work to buildings) to which paragraph (4) applies. (7) In this article “consenting authority” means the relevant planning authority, highway authority, traffic authority, street authority, the owner of a watercourse, sewer or drain or the beneficiary of any of the protective provisions contained in Schedule 14. Guarantees in respect of payment of compensation 47.—(1) The undertaker must not exercise the powers conferred by the provisions referred to in paragraph (2) in relation to any part of the Order land unless it has first put in place either— (a) a guarantee, the form and amount of which has been approved by the Secretary of State in respect of the liabilities of the undertaker to pay compensation pursuant to the provisions referred to in paragraph (2) in respect of the exercise of the relevant provision in relation to that part of the Order land; or (b) an alternative form of security, the form and amount of which has been approved by the Secretary of State in respect of the liabilities of the undertaker to pay compensation pursuant to the provisions referred to in paragraph (2) in respect of the exercise of the relevant provision in relation to that part of the Order land. (2) The provisions are— (a) article 21 (compulsory acquisition of land); 32Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (b) article 23 (compulsory acquisition of rights); (c) article 24 (private rights); (d) article 26 (acquisition of subsoil only); (e) article 29 (rights under or over streets); (f) article 30 (temporary use of land for constructing the authorised development); (g) article 31 (temporary use of land for maintaining the authorised development); and (h) article 32 (statutory undertakers). (3) A guarantee or alternative form of security given in respect of any liability of the undertaker to pay compensation under this Order is to be treated as enforceable against the guarantor or person providing the alternative form of security by any person to whom such compensation is payable and must be in such a form as to be capable of enforcement by such a person. (4) Nothing in this article requires a guarantee or alternative form of security to be in place for more than 15 years after the date on which the relevant power is exercised. Compulsory acquisition of land – incorporation of the mineral code 48. Parts 2 and 3 of Schedule 2 (minerals) to the Acquisition of Land Act 1981(52) are incorporated into this Order subject to the modifications that— (a) for “the acquiring authority” substitute “the undertaker”; (b) for the “undertaking” substitute “authorised development”; and (c) paragraph 8(3) is not incorporated. Signed by authority of the Secretary of State for Energy Security and Net Zero David Wagstaff Deputy Director, Energy Infrastructure Planning 18th February 2026 Department for Energy Security and Net Zero (52) 1981 c. 67. 33Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. SCHED ULES SCHEDULE 1 Article 3 AUTHORISED DEVELOPMENT Interpretation 1. In this Schedule— “electrical cables” means— (a) cables of differing types and voltages installed for the purposes of conducting electricity, auxiliary cables, cables connecting to direct current (DC) boxes, earthing cables and optical fibre cables; and (b) works associated with cable laying including jointing bays, hardstanding adjoining the jointing pits, combiner boxes, fibre bays, cable ducts, cable protection, joint protection, manholes, kiosks, marker posts, underground cable marker, tiles and tape, send and receive pits for horizontal directional drilling, trenching, lighting, and a pit or container to capture fluids associated with drilling; “field stations” means inverters, transformers and switchgear comprising either— (a) a configuration where transformers, inverters and switchgear will be housed in a single container located on a concrete beam or block foundation; or screw piles, rammed piles or compacted hardcore foundation. There will be a perimeter of stone or gravel around the container; or (b) a configuration where transformers and switchgear will be housed in a single container and inverters provided in either a separate single container or inverters provided separately and mounted on a ground mounted frame which is parallel to the mounting structure. Each container will be located on a concrete beam or block foundation; or screw piles, rammed piles or compacted hardcore foundation. There will be a perimeter of stone or gravel around each container; or (c) a configuration where transformers, switchgear and inverters will be provided separately, which may be in one or more containers. Inverters may also be provided separately and mounted on a ground mounted frame which is parallel to the mounting structure. Any container will be located on a concrete beam or block foundation; or screw piles, rammed piles or compacted hardcore foundation. There will be a perimeter of stone or gravel around any container; and inverters provided separately and mounted on a ground mounted frame which is parallel to the mounting structure; “inverter” means electrical equipment required to convert direct current power to alternating current; “mounting structure” means a frame or rack made of galvanised steel or other material designed to support the solar panels and mounted on piles driven into the ground, piles rammed into bare ground, a pillar attaching to a steel ground screw, pillars fixed to a concrete foundation or feet, or pillars set in concrete in a pre-made hole in the ground; “National Grid Thorpe Marsh Substation” means the existing 400kV substation at Thorpe Marsh, owned and operated by National Grid; 34Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. “solar panel” means a solar photovoltaic panel or module designed to convert solar irradiance to electrical energy; “substation” means a compound containing electrical equipment required to switch, transform and convert electricity; “switchgear” means a combination of electrical disconnect switches, fuses or circuit breakers used to control, protect and isolate electrical equipment; and “transformer” means a structure containing an electrical device to transform electricity to a different voltage. Authorised development 2.—(1) In the unitary authority of Doncaster a nationally significant infrastructure project as defined in sections 14 and 15 of the 2008 Act and associated development under section 115(1)(b) of the 2008 Act. (2) Subject to paragraph (3), the nationally significant infrastructure project comprises up to one generating station with a gross electrical output capacity of over 50 megawatts (alternating current) comprising all or any of the work numbers in this Schedule or any part of any work number in this Schedule. (3) The nationally significant infrastructure project must only comprise of either Work No. 4 or Work No. 5(b). Work No. 1 – a ground mounted solar photovoltaic generating station with a gross electrical output capacity of over 50 megawatts (alternating current) including— (a) solar panels fitted to mounting structures; and (b) field stations; and associated development within the meaning of section 115(2) of the 2008 Act including— Work No. 2 – battery energy storage systems including— (a) battery energy storage system (BESS) units each comprising an enclosure for BESS electro-chemical components and associated equipment, with the enclosure being of metal façade, joined or close coupled to each other, mounted on one or more of reinforced concrete foundation slab, concrete piles, ground screws, metal piles or compacted stone/ gravel; (b) transformers and associated bunding; (c) inverters, switch gear, power conversion systems (PCS) and ancillary equipment; (d) containers or enclosures housing all or any of Work Nos. 2(b) and (c) and ancillary equipment; (e) monitoring and control systems housed within the containers or enclosures comprised in Work Nos. 2(a) or (d) or located separately in its own container or enclosure; (f) heating, ventilation and air conditioning (HVAC) systems either housed on or within each of the containers or enclosures comprised in Work Nos. 2(a), (d) and (e), attached to the side or top of each of the containers or enclosures, or located separate to but near to each of the containers or enclosures; (g) electrical cables including electrical cables connecting to Work No. 3; (h) bunded impermeable surface to manage surface water drainage; (i) fire safety infrastructure including water storage tanks, impermeable water capture basins and a shut-off valve for containment of fire water and hard standing to accommodate emergency vehicles; and 35Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (j) containers or similar structures to house spare parts and materials required for the day to day operation of the BESS facility. Work No. 3 – development of onsite substation and associated works including— (a) substation, switch room buildings and ancillary equipment including reactive power units and harmonic filters; and (b) monitoring and control systems housed within a control building or located separately in their own containers or control rooms, with welfare facilities. Work No. 4 – works to lay electrical cables and compounds for the electrical cables including— (a) works to lay 400kV electrical cables connecting Work No. 3 to the National Grid Thorpe Marsh Substation, including link boxes and tunnelling, boring and drilling works for trenchless crossings; (b) electrical engineering works within or around the National Grid Thorpe Marsh Substation including the laying and terminating of the electrical cables and ancillary equipment; and (c) construction and decommissioning compounds, including site and welfare offices and areas to store materials and equipment. Work No. 5 – works including— (a) electrical cables, including but not limited to electrical cables connecting Work Nos. 1, 2, 3 and 4 to one another and connecting solar panels to one another and the field stations including tunnelling, boring and drilling works for trenchless crossings; (b) works to lay electrical cables connecting Work No. 3 to an existing on site 400kV overhead line tower including the laying and terminating of the electrical cables and ancillary equipment; (c) landscaping, biodiversity and heritage mitigation and enhancement measures including planting; (d) earthworks; (e) laying down of temporary footpath diversions, permissive paths, signage and information boards; (f) hardstanding and parking areas; (g) sustainable drainage systems including ponds, runoff outfalls, general drainage and irrigation infrastructure, systems and improvements or extensions to existing drainage and irrigation systems; (h) fencing, gates, boundary treatment and other means of enclosure; (i) works for the provision of security and monitoring measures such as CCTV columns, cameras, lighting columns and lighting, weather stations, perimeter fencing and communication infrastructure; (j) improvement, maintenance and use of existing private tracks; (k) laying down of internal access tracks, ramps, means of access, footpaths, crossing of watercourses and roads, including the laying and construction of drainage infrastructure, signage and information boards; (l) construction and decommissioning compounds, including site and welfare offices and areas to store materials and equipment; and (m) works to divert and underground existing electrical overhead lines. Work No. 6 – construction and decommissioning compounds including— (a) areas of hardstanding; 36Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (b) parking areas; (c) site and welfare offices, canteens and workshops; (d) security infrastructure, including cameras, perimeter fencing and lighting; (e) areas to store materials and equipment and waste skips; (f) site drainage and waste management infrastructure (including sewerage); and (g) electricity, water, waste water and telecommunications connections. Work No. 7 – works to develop operations and maintenance buildings including— (a) alteration and maintenance of existing structures; (b) offices, security and welfare facilities; (c) storage facilities; and (d) parking areas. Work No. 8 – works to facilitate access to Work Nos. 1 to 9 including— (a) creation of accesses from the public highway; (b) creation of visibility splays; (c) works to widen and surface the public highway and private means of access; and (d) works adjacent to highways and accesses including those to structures, boundary features, drainage features on private land required for the facilitation of movement of abnormal indivisible loads associated with the authorised development. Work No. 9 – areas of habitat management including— (a) landscape and biodiversity enhancement measures; (b) habitat creation and management including earthworks and landscaping, signage and information boards; (c) construction of drainage infrastructure and means of access; (d) laying down of internal access tracks, means of access and crossing of watercourses, permissive paths; and (e) fencing, gates, boundary treatment and other means of enclosure. In connection with and in addition to Work Nos. 1 to 9 further associated development within the Order limits, including— (a) works for the provision of fencing and security measures such as CCTV, columns, lighting and communication boxes; (b) laying down of internal access tracks, ramps and span bridges, means of access, non- motorised links, footpaths and footways, laying and surfacing of permissive paths; (c) laying down of temporary footpath diversions, permissive paths and construction of drainage infrastructure, signage and information boards; (d) bunds, embankments, trenching and swales; (e) boundary treatments, including means of enclosure; (f) habitat creation and management including earthworks, landscaping, means of enclosure and the laying and construction of drainage infrastructure; (g) landscaping and other works to mitigate any adverse effects of construction, maintenance or operation of the authorised development; 37Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (h) electrical, gas, water, foul water drainage and telecommunications infrastructure connections, diversions and works to alter the position of, such services and utilities connections; (i) works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses; (j) works to the existing irrigation system and works to alter the position and extent of such irrigation system; (k) surface water drainage systems, storm water attenuation systems including storage basins, oil water separators, including channelling and culverting and works to existing drainage systems; (l) site establishments and preparation works including site clearance (including vegetation removal, demolition of existing buildings and structures); earthworks (including soil stripping and storage and site levelling) and excavations; the alteration of the position of services and utilities; and works for the protection of buildings and land; (m) tunnelling, boring and drilling works; (n) working sites in connection with the construction and decommissioning of the authorised development and its restoration; and (o) other works to mitigate any adverse effects of the construction, maintenance, operation or decommissioning of the authorised development, and further associated development comprising such other works or operations as may be necessary or expedient for the purposes of or in connection with the construction, operation and maintenance or decommissioning of the authorised development but only within the Order limits and insofar as they fall within the scope of work assessed in the environmental statement. SCHEDULE 2 Article 2 REQUIREMENTS Commencement of the authorised development 1. The authorised development must not commence after the expiration of five years from the date this Order comes into force. Notice of date of final commissioning 2. Within 10 working days of the date of final commissioning the undertaker must serve written notice of the date of final commissioning on the relevant planning authority. Approved details and amendments to them 3.—(1) With respect to the documents certified under article 41 (certification of plans and documents, etc.) and any plans, details or schemes which have been approved pursuant to any requirement (together the “Approved Documents, Plans, Details or Schemes”), the undertaker may submit to the relevant planning authority for approval of any amendments to any of the Approved Documents, Plans, Details or Schemes and, following approval by the relevant planning authority, the relevant Approved Documents, Plans, Details or Schemes is to be taken to include the amendments as so approved pursuant to this paragraph. 38Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (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 planning authority that the subject matter of the approval sought is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement. (3) Where under any of the requirements the approval, agreement or confirmation of the relevant planning authority is required, that approval, agreement or confirmation must be provided in writing. Community liaison group 4.—(1) Prior to the commencement of the authorised development the undertaker must submit to the relevant planning authority for approval the terms of reference for a community liaison group whose aim is to facilitate liaison between representatives of people living in the vicinity of the Order limits and other relevant organisations in relation to the construction of the authorised development. (2) The community liaison group must be established prior to commencement of the authorised development and must be administered by the undertaker, and operated, in accordance with the approved terms of reference. (3) The community liaison group is to continue to meet until the date of final commissioning of the final part of the authorised development unless otherwise agreed with the relevant planning authority. Detailed design approval 5.—(1) No part of the authorised development may commence until details of— (a) layout; (b) scale; (c) proposed finished ground levels; (d) external appearance; (e) hard surfacing materials; (f) vehicular and pedestrian access, parking, fencing and circulation areas; (g) refuse or other storage units, signs and lighting; (h) drainage, water, power and communications cables and pipelines; (i) programme for landscaping works; (j) fencing; (k) security measures; and (l) any mitigation measures necessary to address noise impacts relating to that part have been submitted and approved by the relevant planning authority. (2) The details submitted must accord with— (a) the location and order limits plan; (b) the works plans; (c) the principles and assessments set out in the environmental statement; and (d) the outline design parameters statement. (3) The details submitted must confirm if the authorised development will include the construction and operation of either Work No. 4 or Work No. 5(b) but not both. (4) The authorised development must be carried out in accordance with the approved details. 39Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. Battery safety management 6.—(1) Work No. 2 must not commence until a battery safety management plan has been submitted to and approved by the relevant planning authority. (2) The battery safety management plan must be substantially in accordance with the framework battery safety management plan. (3) The relevant planning authority must consult with the South Yorkshire Fire Service and the Environment Agency before determining an application for approval of the battery safety management plan. (4) The battery safety management plan must be implemented as approved and maintained throughout the construction, operation and decommissioning of Work No. 2. Landscape and Ecological management plan 7.—(1) No part of the authorised development may commence until a written landscape and ecological management plan for that part has been submitted to and approved by the relevant planning authority. (2) The landscape and ecological management plan must be substantially in accordance with the framework landscape and ecological management plan and must be implemented as approved and maintained throughout the operation of the relevant part of the authorised development to which the plan relates. (3) For the purposes of sub-paragraph (1), “commence” includes part (h) (site clearance (including vegetation removal, demolition of existing buildings and structures)) and part (i) (advanced planting to allow for an early establishment of protective screening) of the permitted preliminary works, as defined in article 1 (interpretation) of this Order. Biodiversity net gain 8.—(1) No part of the authorised development may commence until a biodiversity net gain strategy has been submitted to and approved by the relevant planning authority for that part, in consultation with the relevant statutory nature conservation body. (2) The biodiversity net gain strategy must include details of how the strategy will secure a minimum of 20% biodiversity net gain for habitat units, a minimum of 20% biodiversity net gain for hedgerow units and a minimum of 10% biodiversity net gain for watercourse units, calculated using the Department of the Environment, Food and Rural Affairs’ Statutory Metric (July 2025), or if this is withdrawn or replaced, a biodiversity metric approved by the relevant planning authority in consultation with the relevant statutory nature conservation body and must be implemented as approved. (3) The biodiversity net gain strategy must be substantially in accordance with the framework landscape and ecological management plan and must be implemented as approved and maintained throughout the operation of the relevant part of the authorised development to which the plan relates. Fencing and other means of enclosure 9.—(1) No part of the authorised development may commence until details of all proposed temporary fences, walls or other means of enclosure, including those set out in the construction environmental management plan, for that part have been submitted to and approved by the relevant planning authority. (2) No part of the authorised development may commence until details of all permanent fences, walls or other means of enclosure, including those set out in the construction environmental 40Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. management plan, for that part have been submitted to and approved by the relevant planning authority. (3) For the purposes of sub-paragraph (1), “commence” includes any permitted preliminary works. (4) Any construction site must remain securely fenced in accordance with the approved details under requirement 12(1) at all times during construction of the authorised development. (5) Any temporary fencing must be removed on completion of the part of construction of the authorised development for which it was used. Surface and foul water drainage 10.—(1) No part of the authorised development may commence until details of the surface water drainage strategy and (if any) foul water drainage system (including means of pollution control) for that part have been submitted to and approved by the relevant planning authority in consultation with the Environment Agency. (2) The approved drainage strategy must be substantially in accordance with the framework drainage strategy. (3) Any strategy approved pursuant to sub-paragraph (1) must be implemented as approved and maintained throughout the construction and operation of the authorised development. (4) For the purposes of sub-paragraph (1), “commence” includes any site preparation works. Archaeology 11.—(1) No part of the authorised development may commence, and no part of the permitted preliminary works for that part may commence, until the final Archaeological Mitigation Strategy and site-specific written scheme of investigation for that part have been submitted to and approved by the relevant planning authority. (2) The final Archaeological Mitigation Strategy and site-specific written scheme of investigation must be substantially in accordance with the framework Archaeological Mitigation Strategy and must be implemented as approved. (3) Any archaeological works or programme of archaeological investigation carried out under the approved written scheme for investigation must be carried out by an organisation registered with the Chartered Institute for Archaeologists or by a member of that institute. (4) Any archaeological works or programme of archaeological investigation must be carried out in accordance with the approved final Archaeological Mitigation Strategy and written scheme of investigation. Construction environmental management plan 12.—(1) No part of the authorised development may commence until a construction environmental management plan for that part has been submitted to and approved by the relevant planning authority. Such approval to be in consultation with the relevant highway authority and the Environment Agency. (2) The construction environmental management plan must be substantially in accordance with the framework construction environmental management plan and must be implemented as approved. (3) The plan submitted and approved pursuant to sub-paragraph (1) must include a site waste management plan that must be substantially in accordance with the framework site waste management plan and must be implemented as approved. 41Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. Operational environmental management plan 13.—(1) Prior to the date of final commissioning for any part of the authorised development, an operational environmental management plan for that part must be submitted to and approved by the relevant planning authority in consultation with the highway authority and the Environment Agency. (2) The operational environmental management plan must be substantially in accordance with the framework operational environmental management plan and must include a waste management strategy. (3) The operational environmental management plan must be implemented as approved and maintained throughout the operation of the relevant part of the authorised development to which the plan relates. Construction traffic management plan 14.—(1) No part of the authorised development may commence until a construction traffic management plan for that part has been submitted to and approved by the relevant planning authority. Such approval to be in consultation with Network Rail Infrastructure Limited, the relevant highway authority and National Highways Limited. (2) The construction traffic management plan must be substantially in accordance with the framework construction traffic management plan and must be implemented as approved. Operational noise 15.—(1) No part of Work No. 1, Work No. 2 or Work No. 3 may commence until an operational noise assessment containing details of how the design of the authorised development has incorporated mitigation to ensure the operational noise rating levels as set out in the environmental statement will be complied with for that part has been submitted to and approved by the relevant planning authority for that part. (2) The mitigation measures described in the operational noise assessment for each part of the authorised development must be implemented as approved and maintained throughout the operation of the relevant part of the authorised development to which the plan relates. Soil management plan 16.—(1) No part of the authorised development may commence until a soil management plan for that part has been submitted to and approved by the relevant planning authority. (2) The soils management plan must be substantially in accordance with the framework soil management plan and must be implemented as approved. Skills, supply chain and employment 17.—(1) No part of the authorised development may commence until a skills, supply chain and employment plan in relation to that part has been submitted to and approved by the relevant planning authority. (2) The skills, supply chain and employment plan must be substantially in accordance with the framework skills, supply chain and employment plan and must be implemented as approved and maintained throughout the operation of the relevant part of the authorised development to which the plan relates. (3) The skills, supply chain and employment plan must identify opportunities for individuals and businesses to access employment, skills and supply chain opportunities associated with that part of the authorised development, and the means for publicising such opportunities. 42Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. Public rights of way 18.—(1) No part of the authorised development may commence until a public rights of way management plan for any sections of public rights of way shown to be temporarily closed or stopped up within Schedule 6 (streets and public rights of way) for that part has been submitted to and approved by the relevant planning authority. Such approval to be in consultation with the relevant highway authority. (2) The public rights of way management plan must be substantially in accordance with the framework public rights of way management plan and must be implemented as approved. (3) The public rights of way management plan must be implemented as approved unless otherwise agreed with the relevant planning authority in consultation with the relevant highway authority. Decommissioning and restoration 19.—(1) No later than 12 months, or such time period as agreed with the relevant planning authority, prior to the date that the undertaker intends to decommission any part of the authorised development, the undertaker must submit to the relevant planning authority for approval in consultation with the Environment Agency, Network Rail Infrastructure Limited, the relevant highway authority and National Highways Limited, a decommissioning environmental management plan for that part. (2) Decommissioning must commence no later than 40 years following the date of final commissioning. (3) The plan submitted and approved pursuant to sub-paragraph (1) must be substantially in accordance with the framework decommissioning environmental management plan and must be implemented as approved. (4) The plan submitted and approved pursuant to sub-paragraph (1) must include a resource management plan that includes details of proposals to minimise the use of natural resources and unnecessary materials. (5) No decommissioning works must be carried out until the relevant planning authority approves, in consultation with the Environment Agency, Network Rail Infrastructure Limited, the relevant highway authority, and National Highways Limited, the plans submitted pursuant to sub- paragraph (1). (6) This requirement is without prejudice to any other consents or permissions which may be required to decommission any part of the authorised development. Requirement for written approval 20. Where the approval, agreement or confirmation of the Secretary of State, relevant planning authority or another person is required under a requirement that approval, agreement or confirmation must be given in writing. SCHEDULE 3 Article 6 LEGISLATION TO BE DISAPPLIED 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— 43Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (a) River Dun Navigation Act 1821(53); (b) River Dun Navigation Act 1826(54); (c) River Dun Drainage Act 1827(55); (d) West Yorkshire Drainage Act 1831(56); (e) Road from Doncaster to Selby Act 1832(57); (f) Great Northern Railway Amendment and Isle of Axholme Extension Act 1848(58); (g) Doncaster Corporation Waterworks Act 1873(59); (h) Dun Drainage Act 1873(60); (i) Doncaster Corporation Waterworks Act 1880(61); (j) Aire and Calder and River Dun Navigation Junction Canal Act 1891(62); (k) Aire and Calder Navigation Act 1899(63); (l) Land Drainage (Braithwaite Moss) Provisional Order Confirmation Act 1912(64); (m) Aire and Calder Navigation Act 1914(65); (n) Doncaster Area Drainage Act 1929(66); (o) Doncaster Area Drainage Act 1933(67); and (p) Aire and Calder Navigation Act 1992(68). SCHEDULE 4 Article 8 STREETS SUBJECT TO STREET WORKS Interpretation 1. In this Schedule— “cable works” means works to place, retain and maintain underground electrical and communications apparatus. (53) 1821 c. xlvi. (54) 1826 c. xcvii. (55) 1827 c. xciv. (56) 1831 c. xxxvi. (57) 1832 c. lxxxvi. (58) 1848 c. cxiv. (59) 1873 c. cxxix. (60) 1873 c. cxcv. (61) 1880 c. xxix. (62) 1891 c. clxx. (63) 1899 c. cvi. (64) 1912 c. clxviii. (65) 1914 c. xxxiii. (66) 1929 c. xvii. (67) 1933 c. x. (68) 1992 c. iv. 44Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (1) (2) (3) Area Street Description of the street works City of Doncaster Council Lawn Lane Street works to facilitate cable works and carriageway surface repairs for the length shown in green patterned hatching within proximity of access 3/08 on Sheet 3 of the streets, rights of way and access plans City of Doncaster Council Fenwick Common Lane Street works to facilitate carriageway surface repairs for the length shown in green patterned hatching within proximity of access 3/14 and 5/15 on Sheets 3 and 5 of the streets, rights of way and access plans City of Doncaster Council West Lane Street works to facilitate carriageway surface repairs for the length shown in green patterned hatching within proximity of access 4/03 on Sheet 4 of the streets, rights of way and access plans City of Doncaster Council Moss Road Street works to facilitate carriageway surface repairs for the length shown in green patterned hatching within proximity of access 5/25 on Sheet 5 of the streets, rights of way and access plans City of Doncaster Council Moss Road Street works to facilitate cable works and carriageway surface repairs for the length shown in green patterned hatching within proximity of access 6/14 on Sheet 6 of the streets, rights of way and access plans City of Doncaster Council Brick Kiln Lane Street works to facilitate cable works and carriageway surface repairs for the length shown in green patterned hatching within proximity of access 7/04 on Sheet 7 of 45Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (1) (2) (3) Area Street Description of the street works the streets, rights of way and access plans City of Doncaster Council Trumfleet Lane Street works to facilitate cable works and carriageway surface repairs for the length shown in green patterned hatching within proximity of access 7/07 on Sheet 7 of the streets, rights of way and access plans City of Doncaster Council Trumfleet Lane Street works to facilitate cable works and carriageway surface repairs for the length shown in green patterned hatching within proximity of access 8/03 on Sheet 8 of the streets, rights of way and access plans City of Doncaster Council Marsh Road Street works to facilitate cable works and carriageway surface repairs for the length shown in green patterned hatching within proximity of access 8/08 on Sheet 8 of the streets, rights of way and access plans City of Doncaster Council Thorpe Lane Street works to facilitate cable works for the length shown in green patterned hatching within proximity of access 9/01 on Sheet 9 of the streets, rights of way and access plans City of Doncaster Council Thorpe Bank Street works to facilitate cable works and carriageway surface repairs for the length shown in green patterned hatching within proximity of access 9/02 and 10/06 on Sheets 9 and 10 of the streets, rights of way and access plans City of Doncaster Council Fordstead Lane Street works to facilitate carriageway surface repairs for the length shown in green patterned hatching within 46Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (1) (2) (3) Area Street Description of the street works proximity of access 10/15 on Sheet 10 of the streets, rights of way and access plans City of Doncaster Council Marsh Lane Street works to facilitate carriageway surface repairs for the length shown in green patterned hatching within proximity of access 10/13 on Sheet 10 of the streets, rights of way and access plans City of Doncaster Council South Road Street works to facilitate carriageway surface repairs for the length shown in green patterned hatching within proximity of access 10/10 on Sheet 10 of the streets, rights of way and access plans City of Doncaster Council High Street Street works to facilitate carriageway surface repairs for the length shown in green patterned hatching within proximity of access 11/01 on Sheet 11 of the streets, rights of way and access plans City of Doncaster Council Station Road Street works to facilitate carriageway surface repairs for the length shown in green patterned hatching within proximity of access 11/04 on Sheet 11 of the streets, rights of way and access plans City of Doncaster Council Moss Road Street works to facilitate carriageway surface repairs for the length shown in green patterned hatching within proximity of access 11/15 on Sheet 11 of the streets, rights of way and access plans 47Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. SCHEDULE 5 Articles 10 and 11 ALTERATION OF STREETS PART 1 PERMANENT ALTERATION OF LAYOUT (1) (2) (3) Area Street Description of the Alteration City of Doncaster Council Lawn Lane Alteration of layout of Lawn Lane in the area depicted in solid green hatching at the points marked 3/07 and 3/08 as shown on Sheet 3 of the streets, rights of way and access plans subsequent to improvements to adjoining field access. City of Doncaster Council Moss Road Alteration of layout of Moss Road in the area depicted in solid green hatching at the point marked 6/14 as shown on Sheet 6 of the streets, rights of way and access plans subsequent to improvements to adjoining field access. PART 2 TEMPORARY ALTERATION OF LAYOUT (1) (2) (3) Area Street Description of the Alteration City of Doncaster Council Moss Road Alteration of layout to Moss Road in the area depicted in solid green hatching adjacent to the point marked 6/17 as shown on Sheet 6 of the streets, rights of way and access plans subsequent to improvements to adjoining field access. City of Doncaster Council Brick Kiln Lane Alteration of layout to Brick Kiln Lane in the area depicted in solid green hatching adjacent to the point marked 7/04 as shown on Sheet 7 of the streets, 48Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (1) (2) (3) Area Street Description of the Alteration rights of way and access plans subsequent to improvements to adjoining field access. City of Doncaster Council Trumfleet Lane Alteration of layout to Trumfleet Lane in the area depicted in solid green hatching adjacent to the point marked 7/07 as shown on Sheet 7 of the streets, rights of way and access plans subsequent to improvements to adjoining field access. City of Doncaster Council Trumfleet Lane Alteration of layout to Trumfleet Lane in the area depicted in solid green hatching adjacent to the point marked 8/02 as shown on Sheet 8 of the streets, rights of way and access plans subsequent to construction of adjoining new access. City of Doncaster Council Marsh Road Alteration of layout to Marsh Road in the area depicted in solid green hatching adjacent to the point marked 8/08 and 8/11 as shown on Sheet 8 of the streets, rights of way and access plans subsequent to improvements to adjoining field access. City of Doncaster Council Thorpe Bank Alteration of layout to Marsh Road in the area depicted in solid green hatching adjacent to the point marked 9/02 as shown on Sheet 9 of the streets, rights of way and access plans subsequent to improvements to adjoining private access. City of Doncaster Council Thorpe Bank Alteration of layout to Thorpe Bank in the area depicted in solid green hatching adjacent to the point marked 10/05 as shown on Sheet 10 of the streets, rights of way and access plans subsequent to improvements to adjoining private access. 49Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (1) (2) (3) Area Street Description of the Alteration City of Doncaster Council Fordstead Lane Alteration of layout to Fordstead Lane in the area depicted in solid green hatching adjacent to the point marked 10/15 as shown on Sheet 10 of the streets, rights of way and access plans subsequent to improvement to Fordstead Lane and Marsh Lane. City of Doncaster Council High Street Alteration of layout to High Street in the area depicted in solid green hatching adjacent to the point marked 11/01 as shown on Sheet 11 of the streets, rights of way and access plans subsequent to alteration to accommodate abnormal load manoeuvre. SCHEDULE 6 Article 12 and 13 STREETS AND PUBLIC RIGHTS OF WAY PART 1 STREETS TO BE TEMPORARILY CLOSED (SINGLE LANE CLOSURES / STREET CLOSURE) (1) (2) (3) Area Street Measures City of Doncaster Council Lawn Lane Temporary street closure to all traffic save for traffic under the direction of the undertaker for the width of the street to facilitate the alteration of layout and street works for the lengths shown in green solid and patterned hatching on Sheet 3 of the streets, rights of way and access plans. City of Doncaster Council Fenwick Common Lane Temporary single lane closure to all traffic save for traffic under the direction of the 50Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (1) (2) (3) Area Street Measures undertaker for the width of the street to facilitate the street works for the lengths shown in green patterned hatching on Sheets 3 and 5 of the streets, rights of way and access plans. City of Doncaster Council West Lane Temporary single lane closure to all traffic save for traffic under the direction of the undertaker for the width of the street to facilitate the street works for the length shown in green patterned hatching on Sheet 4 of the streets, rights of way and access plans. City of Doncaster Council Moss Road Temporary single lane closure to all traffic save for traffic under the direction of the undertaker for the width of the street to facilitate the street works for the length shown in green patterned hatching on Sheet 5 of the streets, rights of way and access plans. City of Doncaster Council Moss Road Temporary single lane closure to all traffic save for traffic under the direction of the undertaker for the width of the street to facilitate the alteration of layout and street works for the lengths shown in green solid and patterned hatching on Sheet 6 of the streets, rights of way and access plans. City of Doncaster Council Brick Kiln Lane Temporary street closure to all traffic save for traffic under the direction of the undertaker for the width of the street to facilitate the alteration of layout and street works for the lengths shown in green solid and patterned hatching on Sheet 7 of the streets, rights of way and access plans. City of Doncaster Council Trumfleet Lane Temporary single lane closure to all traffic save for traffic under the direction of the 51Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (1) (2) (3) Area Street Measures undertaker for the width of the street to facilitate the alteration of layout and street works for the lengths shown in green solid and patterned hatching on Sheet 7 of the streets, rights of way and access plans. City of Doncaster Council Trumfleet Lane Temporary single lane closure to all traffic save for traffic under the direction of the undertaker for the width of the street to facilitate the alteration of layout and street works for the lengths shown in green solid and patterned hatching on Sheet 8 of the streets, rights of way and access plans. City of Doncaster Council Marsh Road Temporary single lane closure to all traffic save for traffic under the direction of the undertaker for the width of the street to facilitate the alteration of layout and street works for the lengths shown in green solid and patterned hatching on Sheet 8 of the streets, rights of way and access plans. City of Doncaster Council Thorpe Bank Temporary single lane closure to all traffic save for traffic under the direction of the undertaker for the width of the street to facilitate the alteration of layout and street works for the lengths shown in green solid and patterned hatching on Sheets 9 and 10 of the streets, rights of way and access plans. City of Doncaster Council Thorpe Lane Temporary single lane closure to all traffic save for traffic under the direction of the undertaker for the width of the street to facilitate the street works for the length shown in green patterned hatching on Sheet 9 of the streets, rights of way and access plans. 52Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (1) (2) (3) Area Street Measures City of Doncaster Council Fordstead Lane Temporary single lane closure to all traffic save for traffic under the direction of the undertaker for the width of the street to facilitate the alteration of layout and street works for the length shown in green solid and patterned hatching on Sheet 10 of the streets, rights of way and access plans. City of Doncaster Council Marsh Lane Temporary single lane closure to all traffic save for traffic under the direction of the undertaker for the width of the street to facilitate the street works for the length shown in green patterned hatching on Sheet 10 of the streets, rights of way and access plans. City of Doncaster Council South Lane Temporary single lane closure to all traffic save for traffic under the direction of the undertaker for the width of the street to facilitate the street works for the length shown in green patterned hatching on Sheet 10 of the streets, rights of way and access plans. City of Doncaster Council High Street Temporary single lane closure to all traffic save for traffic under the direction of the undertaker for the width of the street to facilitate the alteration of layout and street works for the lengths shown in green solid and patterned hatching on Sheet 11 of the streets, rights of way and access plans. City of Doncaster Council Station Road Temporary single lane closure to all traffic save for traffic under the direction of the undertaker for the width of the street to facilitate the street works for the length shown in green patterned hatching on Sheet 11 of the streets, rights of way and access plans. 53Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (1) (2) (3) Area Street Measures City of Doncaster Council Moss Road Temporary single lane closure to all traffic save for traffic under the direction of the undertaker for the width of the street to facilitate the street works for the length shown in green patterned hatching on Sheet 11 of the streets, rights of way and access plans. PART 2 PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED AND DIVERTED (1) (2) (3) Area Public right of way Measures City of Doncaster Council Fenwick-16 Public Right of Way to be temporarily closed and diverted between PRoW 03/06 and PRoW 03/10 as shown on Sheet 3 of the streets, access and rights of way plans, to facilitate the construction of the authorised development. City of Doncaster Council Moss-6 Public Right of Way to be temporarily closed and diverted between PRoW 06/05 and PRoW 06/06 as shown on Sheet 6 of the streets, access and rights of way plans, to facilitate the construction of the authorised development. City of Doncaster Council Fenwick-14 Public Right of Way to be temporarily closed and diverted between PRoW 06/02 and PRoW 06/05 as shown on Sheet 6 of the streets, access and rights of way plans, to facilitate the construction of the authorised development. 54Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. PART 3 PERMANENT USE OF MOTOR VEHICLES ON PUBLIC RIGHT OF WAY (1) (2) (3) Area Public right of way Measures City of Doncaster Council Fenwick-10 between PRoW Permanent use of motor 03/02 and PRoW 04/05 vehicles under the direction of the undertaker at location PRoW 03/02 and PRoW 04/05 as shown on Sheets 3 and 4 of the streets, access and rights of way plans to facilitate the construction and operation of the Scheme. City of Doncaster Council Fenwick-14 between PRoW Permanent use of motor 03/03 and PRoW 06/02 vehicles under the direction of the undertaker at location PRoW 03/03 and PRoW 06/02 as shown on Sheets 3 and 6 of the streets, access and rights of way plans to facilitate the construction and operation of the Scheme. City of Doncaster Council Fenwick-15 between PRoW Permanent use of motor 03/04 and PRoW 04/07 vehicles under the direction of the undertaker at location PRoW 03/04 and PRoW 04/07 as shown on Sheets 3 and 4 of the streets, access and rights of way plans to facilitate the construction and operation of the Scheme. City of Doncaster Council Fenwick-16 between PRoW Permanent use of motor 03/06 and PRoW 03/10 vehicles under the direction of the undertaker at location PRoW 03/06 and PRoW 03/10 as shown on Sheet 3 of the streets, access and rights of way plans to facilitate the construction and operation of the Scheme. City of Doncaster Council Fenwick-11 between PRoW Permanent use of motor 03/07 and PRoW 03/08 vehicles under the direction of the undertaker at location PRoW 03/07 and PRoW 03/08 as shown on Sheet 3 of the streets, access and rights of way plans to facilitate the 55Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (1) (2) (3) Area Public right of way Measures construction and operation of the Scheme. City of Doncaster Council Fenwick-11 between PRoW Permanent use of motor 03/09 and PRoW 05/01 vehicles under the direction of the undertaker at location PRoW 03/09 and PRoW 05/01 as shown on Sheets 3 and 5 of the streets, access and rights of way plans to facilitate the construction and operation of the Scheme. City of Doncaster Council Fenwick-13 between PRoW Permanent use of motor 04/06 and PRoW 06/03 vehicles under the direction of the undertaker at location PRoW 04/06 and PRoW 06/03 as shown on Sheets 4 and 6 of the streets, access and rights of way plans to facilitate the construction and operation of the Scheme. City of Doncaster Council Fenwick-11 between PRoW Permanent use of motor 05/02 and PRoW 05/03 vehicles under the direction of the undertaker at location PRoW 05/02 and PRoW 05/03 as shown on Sheet 5 of the streets, access and rights of way plans to facilitate the construction and operation of the Scheme. City of Doncaster Council Moss-5 between PRoW 05/03 Permanent use of motor and PRoW 05/04 vehicles under the direction of the undertaker at location PRoW 05/03 and PRoW 05/04 as shown on Sheet 5 of the streets, access and rights of way plans to facilitate the construction and operation of the Scheme. City of Doncaster Council Moss-6 between PRoW 06/01 Permanent use of motor and PRoW 06/02 vehicles under the direction of the undertaker at location PRoW 06/01 and PRoW 06/02 as shown on Sheet 6 of the streets, access and rights of way plans to facilitate the construction and operation of the Scheme. 56Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. PART 4 TEMPORARY MANAGEMENT OF PUBLIC RIGHTS OF WAY (1) (2) (3) Area Public right of way Measure City of Doncaster Council Fenwick-12 between PRoW Public Right of Way between 03/01 and PRoW 04/01 PRoW 03/01 and PRoW 04/01 as shown on Sheets 3 and 4 of the streets, access and rights of way plans to be managed during construction of the authorised development City of Doncaster Council Fenwick-10 between PRoW Public Right of Way between 03/02 and PRoW 04/05 PRoW 03/02 and PRoW 04/05 as shown on Sheets 3 and 4 of the streets, access and rights of way plans to be managed during construction of the authorised development City of Doncaster Council Fenwick-14 between PRoW Public Right of Way between 03/03 and PRoW 06/02 PRoW 03/03 and PRoW 06/02 as shown on Sheets 3 and 6 of the streets, access and rights of way plans to be managed during construction of the authorised development City of Doncaster Council Fenwick-15 between PRoW Public Right of Way between 03/04 and PRoW 04/07 PRoW 03/04 and PRoW 04/07 as shown on Sheets 3 and 4 of the streets, access and rights of way plans to be managed during construction of the authorised development City of Doncaster Council Fenwick-16 between 03/05 and Public Right of Way between 03/10 PRoW 03/05 and PRoW 03/10 as shown on Sheet 3 of the streets, access and rights of way plans to be managed during construction of the authorised development City of Doncaster Council Fenwick-11 between PRoW Public Right of Way between 03/07 and PRoW 03/08 PRoW 03/07 and PRoW 03/08 as shown on Sheet 3 of the streets, access and rights of way plans to be managed during construction of the authorised development 57Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (1) (2) (3) Area Public right of way Measure City of Doncaster Council Fenwick-11 between PRoW Public Right of Way between 03/09 and PRoW 05/01 PRoW 03/09 and PRoW 05/01 as shown on Sheets 3 and 5 of the streets, access and rights of way plans to be managed during construction of the authorised development City of Doncaster Council Fenwick-12 between PRoW Public Right of Way between 04/02 and PRoW 04/03 PRoW 04/02 and PRoW 04/03 as shown on Sheet 4 of the streets, access and rights of way plans to be managed during construction of the authorised development City of Doncaster Council Fenwick-13 between PRoW Public Right of Way between 04/06 and PRoW 06/03 PRoW 04/06 and PRoW 06/03 as shown on Sheets 4 and 6 of the streets, access and rights of way plans to be managed during construction of the authorised development City of Doncaster Council Fenwick-11 between PRoW Public Right of Way between 05/02 and PRoW 05/03 PRoW 05/02 and PRoW 05/03 as shown on Sheet 5 of the streets, access and rights of way plans to be managed during construction of the authorised development City of Doncaster Council Moss-5 between PRoW 05/03 Public Right of Way between and PRoW 05/04 PRoW 05/03 and PRoW 05/04 as shown on Sheet 5 of the streets, access and rights of way plans to be managed during construction of the authorised development City of Doncaster Council Moss-6 between PRoW 06/01 Public Right of Way between and PRoW 06/02 PRoW 06/01 and PRoW 06/02 as shown on Sheet 6 of the streets, access and rights of way plans to be managed during construction of the authorised development City of Doncaster Council Moss-20 between PRoW 07/01 Public Right of Way between and PRoW 07/02 PRoW 07/01 and PRoW 07/02 as shown on Sheet 7 of the streets, access and rights of way 58Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (1) (2) (3) Area Public right of way Measure plans to be managed during construction of the authorised development City of Doncaster Council Thorpe in Balne-6 between Public Right of Way between PRoW 08/01 and PRoW 08/02 PRoW 08/01 and PRoW 08/02 as shown on Sheet 8 of the streets, access and rights of way plans to be managed during construction of the authorised development City of Doncaster Council Thorpe in Balne-7 between Public Right of Way between PRoW 08/03 and PRoW 08/04 PRoW 08/03 and PRoW 08/04 as shown on Sheet 8 of the streets, access and rights of way plans to be managed during construction of the authorised development City of Doncaster Council Thorpe in Balne-8 between Public Right of Way between PRoW 09/01 and PRoW 09/02 PRoW 09/01 and PRoW 09/02 as shown on Sheet 9 of the streets, access and rights of way plans to be managed during construction of the authorised development City of Doncaster Council Thorpe in Balne-13 between Public Right of Way between PRoW 09/03 and PRoW 09/04 PRoW 09/03 and PRoW 09/04 as shown on Sheet 9 of the streets, access and rights of way plans to be managed during construction of the authorised development PART 5 TEMPORARY USE OF MOTOR VEHICLES ON PUBLIC RIGHTS OF WAY (1) (2) (3) Area Public right of way Measures City of Doncaster Council Thorpe in Balne-7 between Temporary use of motor PRoW 08/03 and PRoW 08/04 vehicles under the direction of the undertaker at location PRoW 08/03 and PRoW 08/04 as shown on Sheet 8 of the streets, access and rights of 59Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (1) (2) (3) Area Public right of way Measures way plans to facilitate the construction of the Scheme. City of Doncaster Council Thorpe in Balne-8 between Temporary use of motor PRoW 09/01 and PRoW 09/02 vehicles under the direction of the undertaker at location PRoW 09/01 and PRoW 09/02 as shown on Sheet 9 of the streets, access and rights of way plans to facilitate the construction of the Scheme. City of Doncaster Council Thorpe in Balne-13 between Temporary use of motor PRoW 09/03 and PRoW 09/04 vehicles under the direction of the undertaker at location PRoW 09/03 and PRoW 09/04 as shown on Sheet 9 of the streets, access and rights of way plans to facilitate the construction of the Scheme. PART 6 STOPPING UP AND DIVERSION OF PUBLIC RIGHTS OF WAY (1) (2) (3) (4) Area Public right of Extent of New public right of way to be way to be closed closure substituted/provided City of Sykehouse-29 The Public The Public Right of Way between PRoW Doncaster Right of Way 04/05 and PRoW 04/08 on sheet 4 of the Council between PRoW streets, rights of way and access plans. 04/04 and PRoW 04/08 on sheet 4 of the streets, rights of way and access plans. City of Moss-6 The Public The Public Right of Way between PRoW Doncaster Right of Way 06/01 and PRoW 06/07 on sheet 6 of the Council between PRoW streets, rights of way and access plans. 06/01 and PRoW 06/02 on sheet 6 of the streets, rights of way and access plans. 60Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (1) (2) (3) (4) Area Public right of Extent of New public right of way to be way to be closed closure substituted/provided City of Fenwick-14 The Public The Public Right of Way between PRoW Doncaster Right of Way 06/04 and PRoW 06/07 on sheet 6 of the Council between PRoW streets, rights of way and access plans. 06/02 and PRoW 06/04 on sheet 6 of the streets, rights of way and access plans. City of Fenwick-12 The Public The Public Right of Way between PRoW Doncaster Right of Way 04/05 and PRoW 04/08 on sheet 4 of the Council between PRoW streets, rights of way and access plans. 04/04 and PRoW 04/05 on sheet 4 of the streets, rights of way and access plans. SCHEDULE 7 Article 15 MEANS OF ACCESS TO WORKS PART 1 PERMANENT MEANS OF ACCESS TO WORKS (1) (2) (3) Area Public right of way Description of Means of Access City of Doncaster Council Existing Field Access off Lawn Existing field access to be Lane Eastbound improved at the point marked 3/07 on Sheet 3 of the streets, rights of way and access plans. City of Doncaster Council Existing Field Access off West Existing field access at the point Lane Eastbound marked 4/01 on Sheet 3 of the streets, rights of way and access plans. City of Doncaster Council Existing Field Access off Lawn Existing field access to be Lane Westbound improved at the point marked 3/08 on Sheet 3 of the streets, rights of way and access plans. 61Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (1) (2) (3) Area Public right of way Description of Means of Access City of Doncaster Council Existing Field Access off Moss Existing field access to be Road Eastbound improved at the point marked 6/14 on Sheet 6 of the streets, rights of way and access plans. PART 2 TEMPORARY MEANS OF ACCESS TO WORKS (1) (2) (3) Area Public right of way Description of Means of Access City of Doncaster Council Existing Field Access off Moss Existing field access to be Road Westbound improved at the point marked 6/17 on Sheet 6 of the streets, rights of way and access plans. City of Doncaster Council Existing Field Access off Brick Existing field access to be Kiln Lane Westbound improved at the point marked 7/04 on Sheet 7 of the streets, rights of way and access plans City of Doncaster Council Existing Field Access off Existing field access to be Trumfleet Lane Southbound improved at the point marked 7/07 on Sheet 7 of the streets, rights of way and access plans City of Doncaster Council Proposed Access off Trumfleet Proposed new access to be Lane Eastbound constructed at the point marked 08/02 on Sheet 8 of the streets, rights of way and access plans City of Doncaster Council Existing Field Access off Existing field access to be Marsh Road Eastbound improved at the point marked 8/08 on Sheet 8 of the streets, rights of way and access plans City of Doncaster Council Existing Field Access off Existing field access to be Marsh Road Westbound improved at the point marked 8/11 on Sheet 8 of the streets, rights of way and access plans City of Doncaster Council Existing Access off Thorpe Existing access to be improved Bank Northbound at the point marked 9/02 on Sheet 9 of the streets, rights of way and access plans City of Doncaster Council Existing Access off Thorpe Existing access to be improved Bank Northbound at the point marked 10/05 on 62Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (1) (2) (3) Area Public right of way Description of Means of Access Sheet 10 of the streets, rights of way and access plans City of Doncaster Council Existing Access off Fordstead Existing access to be improved Lane to Marsh Lane at the point marked 10/15 on Sheet 10 of the streets, rights of way and access plans SCHEDULE 8 Article 17 TRAFFIC REGULATION MEASURES (1) (2) Area Extent of temporary traffic signal and banksman control area Lawn Lane Eastbound and Westbound Extents of traffic signals and banksperson Carriageway to facilitate the construction of the control presented on Sheet 3 of the traffic authorised development. regulation measures plans. Haggs Lane Eastbound and Westbound Extents of traffic signals and banksperson Carriageway to facilitate the construction of the control presented on Sheet 3 of the traffic authorised development. regulation measures plans. Fenwick Common Lane Northbound and Extents of traffic signals and banksperson Southbound Carriageway to facilitate the control presented on Sheets 3 and 5 of the traffic construction of the authorised development. regulation measures plans. West Lane Eastbound and Westbound Extents of traffic signals and banksperson Carriageway to facilitate the construction of the control presented on Sheet 4 of the traffic authorised development. regulation measures plans. Moss Road Eastbound and Westbound Extents of traffic signals and banksperson Carriageway to facilitate the construction of the control presented on Sheet 5 of the traffic authorised development. regulation measures plans. Moss Road Eastbound and Westbound Extents of traffic signals and banksperson Carriageway to facilitate the construction of the control presented on Sheet 6 of the traffic authorised development. regulation measures plans. Trumfleet Lane Northbound and Southbound Extents of traffic signals and banksperson Carriageway to facilitate the construction of the control presented on Sheet 7 of the traffic authorised development. regulation measures plans. Brick Kiln Lane Eastbound and Westbound Extents of traffic signals and banksperson Carriageway to facilitate the construction of the control presented on Sheet 7 of the traffic authorised development. regulation measures plans. 63Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (1) (2) Area Extent of temporary traffic signal and banksman control area Trumfleet Lane Eastbound and Westbound Extents of traffic signals and banksperson Carriageway to facilitate the construction of the control presented on Sheet 8 of the traffic authorised development. regulation measures plans. Marsh Road Eastbound and Westbound Extents of traffic signals and banksperson Carriageway to facilitate the construction of the control presented on Sheet 8 of the traffic authorised development. regulation measures plans. Thorpe Bank Northbound and Southbound Extents of traffic signals and banksperson Carriageway to facilitate the construction of the control presented on Sheets 9 and 10 of the authorised development. traffic regulation measures plans. Thorpe Lane Eastbound and Westbound Extents of traffic signals and banksperson Carriageway to facilitate the construction of the control presented on Sheet 9 of the traffic authorised development. regulation measures plans. Ash Road Eastbound and Westbound Extents of traffic signals and banksperson Carriageway to facilitate the construction of the control presented on Sheet 10 of the traffic authorised development. regulation measures plans. Fordstead Lane Eastbound and Westbound Extents of traffic signals and banksperson Carriageway to facilitate the construction of the control presented on Sheet 10 of the traffic authorised development. regulation measures plans. South Road Northbound and Southbound Extents of traffic signals and banksperson Carriageway to facilitate the construction of the control presented on Sheet 10 of the traffic authorised development. regulation measures plans. Marsh Lane Northbound and Southbound Extents of traffic signals and banksperson Carriageway to facilitate the construction of the control presented on Sheet 10 of the traffic authorised development. regulation measures plans. High Street Northbound and Southbound Extents of traffic signals and banksperson Carriageway to facilitate the construction of the control presented on Sheet 11 of the traffic authorised development. regulation measures plans. Station Road Eastbound and Westbound Extents of traffic signals and banksperson Carriageway to facilitate the construction of the control presented on Sheet 11 of the traffic authorised development. regulation measures plans. Moss Road Eastbound and Westbound Extents of traffic signals and banksperson Carriageway to facilitate the construction of the control presented on Sheet 11 of the traffic authorised development. regulation measures plans. SCHEDULE 9 Article 23 LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED Interpretation 1. In this Schedule— 64Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. “access rights” means rights over land to— (a) alter, improve, form, maintain, retain, use (with or without vehicles, plant and machinery), remove, reinstate means of access to the authorised development including visibility splays, bridges and road widening and to remove impediments (including vegetation) to such access; (b) remain, pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface) for all purposes in connection with the authorised development; (c) install, use, support, protect, inspect, alter, remove, replace, refurbish, reconstruct, retain, renew, improve and maintain security fencing, gates, boundary treatment, public rights of way and any other ancillary apparatus and any other works as necessary; (d) install, execute, implement, retain, repair, improve, renew, remove, relocate and plant trees, woodlands, shrubs, hedgerows, seeding, landscaping and other ecological measures together with the right to maintain, inspect and replant such trees, shrubs, hedgerows, landscaping and other ecological measures the right to pass and repass on foot, with or without vehicles, plant and machinery for all purposes in connection with the implementation and maintenance of landscaping and ecological mitigation or enhancement works; (e) 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 (f) install, use, support, protect, inspect, alter, remove, replace, refurbish, reconstruct, retain, renew, improve and maintain sewers, drains, pipes, ducts, mains, conduits, services, flues and to drain into and manage waterflows in any drains, watercourses and culverts; and “cable rights” means rights over land to— (a) install, use, support, protect, inspect, alter, remove, replace, refurbish, reconstruct, retain, renew, improve and maintain electrical underground cables, earthing cables, optical fibre cables, data cables, telecommunications cables and other services, works associated with such cables including bays, ducts, protection and safety measures and equipment, and other ancillary apparatus and structures (including but not limited to access chambers, manholes and marker posts) and any other works necessary together with the right to fell, trim or lop trees and bushes which may obstruct or interfere with the said cables, telecommunications and other ancillary apparatus; (b) 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; (c) continuous vertical and lateral support for the authorised development; (d) install, use, support, protect, inspect, alter, remove, replace, refurbish, reconstruct, retain, renew, improve and maintain sewers, drains, pipes, ducts, mains, conduits, services, flues and to drain into and manage waterflows in any drains, watercourses and culverts; (e) install, execute, implement, retain, repair, improve, renew, remove, relocate and plant trees, woodlands, shrubs, hedgerows, seeding, landscaping and other ecological measures together with the right to maintain, inspect and replant such trees, shrubs, hedgerows, landscaping and other ecological measures the right to pass and repass on foot, with or without vehicles, plant and machinery for all purposes in connection with the implementation and maintenance of landscaping and ecological mitigation or enhancement works; 65Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (f) install, use, support, protect, inspect, alter, remove, replace, refurbish, reconstruct, retain, renew, improve and maintain security fencing, gates, boundary treatment, public rights of way and any other ancillary apparatus and any other works as necessary; and (g) restrict and remove the erection of buildings or structures, restrict the altering of ground levels, restrict and remove vegetation and restrict the planting of trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt or interfere with the exercise of the rights or damage the authorised development. (1) (2) Plot reference number shown on the Purposes for which rights over land Land Plans may be required and restrictive covenants imposed 2/04 Access rights 3/01 Cable rights and access rights 3/05 Cable rights and access rights 3/06 Cable rights 4/03 Access rights 4/04 Access rights 4/06 Access rights 4/07 Access rights 5/01 Access rights 5/03 Access rights 6/03 Access rights 6/04 Cable rights and access rights 6/05 Access rights 6/06 Access rights 6/07 Cable rights 6/08 Cable rights 7/01 Access rights 7/02 Cable rights and access rights 7/03 Cable rights 7/05 Cable rights 7/06 Access rights 7/07 Access rights 7/08 Cable rights and access rights 7/09 Access rights 7/10 Cable rights and access rights 66Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (1) (2) Plot reference number shown on the Purposes for which rights over land Land Plans may be required and restrictive covenants imposed 8/01 Cable rights 8/02 Cable rights 8/03 Access rights 8/04 Cable rights and access rights 8/05 Access rights 8/06 Cable rights 8/07 Cable rights 8/08 Cable rights 8/09 Cable rights 8/10 Cable rights 8/11 Access rights 8/12 Access rights 8/13 Cable rights and access rights 8/14 Access rights 8/15 Cable rights 8/16 Cable rights 9/01 Cable rights 9/02 Cable rights 9/03 Cable rights 9/04 Cable rights 9/05 Access rights 9/06 Cable rights 9/07 Cable rights 9/08 Cable rights 9/09 Cable rights and access rights 9/10 Cable rights 9/11 Cable rights 9/12 Cable rights 9/13 Cable rights 9/14 Cable rights 9/15 Cable rights 67Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (1) (2) Plot reference number shown on the Purposes for which rights over land Land Plans may be required and restrictive covenants imposed 10/01 Cable rights 10/02 Cable rights 10/03 Cable rights and access rights 10/04 Cable rights and access rights 10/05 Cable rights 10/06 Cable rights 10/07 Cable rights 10/08 Cable rights 10/09 Cable rights and access rights 10/10 Access rights 10/11 Access rights 10/12 Access rights 10/13 Access rights 10/14 Access rights 11/01 Access rights 11/02 Access rights 11/03 Access rights 11/04 Access rights 11/05 Access rights 11/06 Access rights 11/07 Access rights SCHEDULE 10 Article 23 MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR THE CREATION OF NEW RIGHTS AND IMPOSITION OF NEW RESTRICTIVE COVENANTS Compensation enactments 1. The enactments for the time being in force with respect to compensation for the compulsory purchase of land are to apply, with the necessary modifications as respects compensation, in the case of a compulsory acquisition under this Order of a right by the creation of a new right or the imposition 68Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. of a restrictive covenant as they apply as respects compensation on the compulsory purchase of land and interests in land. 2.—(1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973(69) has effect subject to the modifications set out in sub-paragraph (2). (2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 (measure of compensation in case of severance) of the 1965 Act as substituted by paragraph 5— (a) for the words “land is acquired or taken from” substitute “a right or restrictive covenant over land is purchased from or imposed on”, and (b) for the words “acquired or taken from him” substitute “over which the right is exercisable or the restrictive covenant enforceable”. 3.—(1) Without limitation on the scope of paragraph 1, the 1961 Act has effect subject to the modifications set out in sub-paragraph (2). (2) In section 5A(5A) (relevant valuation date), omit the words after “if—” and substitute— (a) the acquiring authority enters on land for the purpose of exercising a right in pursuant of a notice of entry under section 11(1) of the 1965 Act (as modified by paragraph 5(5) of Schedule 10 to the Fenwick Solar Farm Order 2026); (b) the acquiring authority is subsequently required by a determination under paragraph 12 of Schedule 2A to the 1965 Act (as substituted by paragraph 5(8) of Schedule 10 to the Fenwick Solar Farm Order 2026) 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 to the acquisition of land under article 21 (compulsory acquisition of land) and as modified by article 28 (modification of Part 1 of the Compulsory Purchase Act 1965), applies to the compulsory acquisition of a right by the creation of a new right under article 23 (compulsory acquisition of rights)— (a) with the modifications specified in paragraph 5; and (b) with such other modifications as may be necessary. 5.—(1) The modifications referred to in paragraph 4(a) are as follows— (2) References in the 1965 Act to land are, in the appropriate contexts, to be read (according to the requirements of the particular context) as referring to, or as including references to— (a) the right acquired or to be acquired, or the restriction imposed or to be imposed; or (b) the land over which the right is or is to be exercisable, or the restriction is to be enforceable. (3) For section 7 of the 1965 Act (measure of compensation in case of severance) substitute— “7. In assessing the compensation to be paid by the acquiring authority under this Act, regard must be had not only to the extent (if any) to which the value of the land over which the right is to be acquired or the restrictive covenant is to be imposed is depreciated by the acquisition of the right or the imposition of the covenant but also to the damage (if any) (69) 1973 c. 26. 69Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. 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, as from the date on which the acquiring authority has served notice to treat in respect of any right or restrictive covenant, as well as the notice of entry required by subsection (1) of that section (as it applies to compulsory acquisition under article 21 (compulsory acquisition of land)), it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant (which is deemed for this purpose to have been created on the date of service of the notice); and sections 11A (powers of entry: further notices of entry)(70), 11B (counter-notice requiring possession to be taken on specified date)(71), 12 (penalty for unauthorised entry)(72) and 13 (refusal to give possession to acquiring authority) of the 1965 Act are modified correspondingly. (6) Section 20(73) (tenants at will, etc.) of the 1965 Act applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right or enforcement of the restrictive covenant in question. (7) Section 22 (interests omitted from purchase) of the 1965 Act as modified by article 28(4) (modification of Part 1 of the Compulsory Purchase Act 1965) is so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired or restrictive covenant imposed, subject to compliance with that section as respects compensation. (8) For Schedule 2A to the 1965 Act (counter notice requiring purchase of land not in notice to treat) substitute— “SCHEDULE 2A COUNTER-NOTICE REQUIRING PURCHASE OF LAND 1.—(1) This Schedule applies where an acquiring authority serves a notice to treat in respect of a right over, or restrictive covenant affecting, the whole or part of a house, building or factory and have not executed a general vesting declaration under section 4 of the 1981 Act as applied by (70) Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016. (71) Section 11B was inserted by section 187(3) of the Housing and Planning Act 2016. (72) Section 12 was amended by section 56(2) of, and Part 1 of Schedule 9 to, the Court Act 1971 (c. 23) and paragraphs (2) and (4) of Schedule 16 to the Housing and Planning Act 2016. (73) Section 20 was amended by paragraph 4 of Schedule 15 to the Planning and Compensation Act 1991 (c. 34) and S.I. 2009/1307. 70Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. article 25 (application of the 1981 Act) of the Fenwick Solar Farm Order 2026 in respect of the land to which the notice to treat relates. (2) But see article 26(3) (acquisition of subsoil only) of the Fenwick Solar Farm Order 2026 which excludes the acquisition of subsoil only from this Schedule 2. In this Schedule, “house” includes any park or garden belonging to a house. Counter-notice requiring purchase of land 3. A person who is able to sell the house, building or factory (“the owner”) may serve a counter- notice requiring the authority to purchase the owner’s interest in the house, building or factory. 4. A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served. Response to counter-notice 5. On receiving a counter-notice, the acquiring authority must decide whether to— (a) withdraw the notice to treat, (b) accept the counter-notice, or (c) refer the counter notice to the Upper Tribunal. 6. The authority must serve notice of their decision on the owner within the period of three months beginning with the day on which the counter-notice is served (“the decision period”). 7. If the authority decides to refer the counter-notice to the Upper Tribunal they must do so within the decision period. 8. If the authority does not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period. 9. If the authority serves notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in the house, building or factory. Determination by the Upper Tribunal 10. On a referral under paragraph 7, the Upper Tribunal must determine whether the acquisition of the right or the imposition of the restrictive covenant would— (a) in the case of a house, building or factory; cause material detriment to the house, building or factory, or (b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs. 11. In making its determination, the Upper Tribunal must take into account— (a) the effect of the acquisition of the right or the imposition of the covenant, (b) the use to be made of the right or covenant proposed to be acquired or imposed, and (c) if the right or covenant is proposed to be acquired or imposed for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land. 12. If the Upper Tribunal determines that the acquisition of the right or the imposition of the covenant would have either of the consequences described in paragraph 10, it must determine how much of the house, building or factory the authority ought to be required to take. 71Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. 13. If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in that land. 14.—(1) If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the authority may at any time within the period of six weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land. (2) If the acquiring authority withdraws the notice to treat under this paragraph they must pay the person on whom the notice was served compensation for any loss or expense cause by the giving and withdrawal of the notice. (3) Any dispute as to the compensation is to be determined by the Upper Tribunal.”. SCHEDULE 11 Article 30 LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN (1) (2) Plot reference number shown on the Land Purpose for which temporary possession may Plans be taken 7/04 Temporary use to facilitate the construction of Work No. 6 SCHEDULE 12 Article 41 DOCUMENTS AND PLANS TO BE CERTIFIED PART 1 DOCUMENTS FORMING THE ENVIRONMENTAL STATEMENT TO BE CERTIFIED (1) (2) (3) (4) (5) Document name Document Revision Date Examination reference number Library Reference Environmental EN010152/APP/6.1 0 31 October 2024 APP-052 to Statement APP-068 Figures EN010152/APP/6.2 0 31 October 2024 APP-069 to APP-131 Technical EN010152/APP/6.3 0 31 October 2024 APP-132 to Appendices APP-187 72Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. PART 2 EXAMINATION DOCUMENTS FORMING PART OF THE ENVIRONMENTAL STATEMENT TO BE CERTIFIED (1) (2) (3) (4) (5) Document name Document Revision Date Examination reference number Library Reference Chapter 6 – EN010152/APP/6.1 1 12 December APP-224 Climate Change 2024 Chapter 7 – EN010152/APP/6.1 1 30 April 2025 REP1-011 Cultural Heritage Chapter 8 – EN010152/APP/6.1 1 23 July 2025 REP4-010 Ecology and Nature Conservation Chapter 10 – EN010152/APP/6.1 1 28 May 2025 REP2-007 Landscape and Visual Amenity Chapter 11 – Noise EN010152/APP/6.1 1 23 July 2025 REP4-012 and Vibration Chapter 12 – EN010152/APP/6.1 2 30 April 2025 REP1-013 Socio-Economics and Land Use Chapter 13 – EN010152/APP/6.1 1 30 April 2025 REP1-015 Transport and Access Figure 1-3 EN010152/APP/6.2 1 12 December APP-228 Elements of the 2024 Site Figure 10-6 EN010152/APP/6.2 1 (labelled 30 April 2025 REP2-009 Screened Zone revision 0) of Theoretical Visibility Solar PV Site Figure 10-7 EN010152/APP/6.2 1 (labelled 30 April 2025 REP2-010 Screened ZTV On revision 0) Site Substation and BESS Figure 10-8 EN010152/APP/6.2 1 (labelled 30 April 2025 REP2-011 Screened ZTV All revision 0) Features Figure 10-9 EN010152/APP/6.2 1 (labelled 8 April 2025 REP2-012 Representative revision 0) 73Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (1) (2) (3) (4) (5) Document name Document Revision Date Examination reference number Library Reference Viewpoint Locations Figure 10-10 EN010152/APP/6.2 1 28 May 2025 REP2-013 Viewpoint Photography Figure 10-14 Bare EN01152/APP/8.24 0 28 May 2025 REP2-062 Earth ZTV All Features Figure 11-1 Noise EN010152/APP/6.2 1 5 December 2024 APP-229 Monitoring and Receptor Locations Figure 13-3 EN010152/APP/6.2 1 12 December APP-230 Indicative HGV 2024 Routing Figure 14-1 Dust EN010152/APP/6.2 1 28 May 2025 REP2-014 Risk Assessment Appendix 1-3 EIA EN010152/APP/6.3 1 12 December APP-231 Scoping Opinion 2024 Responses Appendix 7-2 Desk EN010152/APP/6.3 1 30 April 2025 REP1-017 Based Assessment Appendix 8-3 Bat EN010152/APP/6.3 1 12 December APP-235 Report 2024 Appendix 8-5 EN010152/APP/6.3 1 2 July 2025 REP3-010 Hedgerow Report Appendix 9-3 EN010152/APP/6.3 1 28 May 2025 REP2-015 Flood Risk Assessment Appendix 10-2 EN010152/APP/6.3 1 28 May 2025 REP2-019 Landscape and Visual Impact Assessment Methodology Appendix 10-5 EN010152/APP/6.3 2 28 May 2025 REP2-021 Landscape Assessment Tables Appendix 10-7 EN010152/APP/6.3 1 12 December APP-236 Arboricultural 2024 Impact Assessment (Part 1 of 2) 74Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (1) (2) (3) (4) (5) Document name Document Revision Date Examination reference number Library Reference Appendix 10-7 EN010152/APP/6.3 1 12 December APP-240 Arboricultural 2024 Impact Assessment (Part 2 of 2) Appendix 13-2 EN010152/APP/6.3 1 23 July 2025 REP4-014 Traffic Flow Diagrams Appendix 14-2 EN010152/APP/6.3 2 28 May 2025 REP2-023 Glint and Glare Assessment (Part 1 of 2) Appendix 14-2 EN010152/APP/6.3 2 28 May 2025 REP2-025 Glint and Glare Assessment (Part 2 of 2) PART 3 OTHER DOCUMENTS TO BE CERTIFIED (1) (2) (3) (4) (5) Document name Document reference Revision Date Examination number Library Reference Land Plan EN010152/APP/2.1 0 31 October 2024 APP-006 Works Plan EN010152/APP/2.2 1 12 December APP-214 2024 Streets, Rights of EN010152/APP/2.3 4 2 July 2025 REP3-004 and Way and Access REP3-005 Plan Traffic Regulation EN010152/APP/2.4 0 31 October 2024 APP-009 Measures Plan Book of Reference EN010152/APP/4.3 2 30 April 2025 REP1-009 Outline Design EN010152/APP/7.4 1 28 May 2025 REP2-027 Parameters Statement Framework EN010152/APP/7.7 3 2 July 2025 REP3-013 Construction Environmental Management Plan 75Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (1) (2) (3) (4) (5) Document name Document reference Revision Date Examination number Library Reference Framework EN010152/APP/7.8 3 21 August 2025 REP5-007 Operational Environmental Management Plan Framework EN010152/APP/7.9 3 23 July 2025 REP4-019 Decommissioning Environmental Management Plan Framework Soil EN010152/APP/7.10 2 23 July 2025 REP4-021 Management Plan Framework Public EN010152/APP/7.13 4 21 August 2025 REP5-009 Rights of Way Management Plan Framework EN010152/APP/7.14 3 2 July 2025 REP3-017 Landscape and Ecological Management Plan Framework skills, EN010152/APP/7.15 0 31 October 2024 APP-204 supply chain and employment plan Framework Battery EN010152/APP/7.16 0 31 October 2024 APP-205 Safety Management Plan Framework EN010152/APP/7.17 2 23 July 2025 REP4-027 Construction Traffic Management Plan Framework Site EN010152/APP/7.18 0 31 October 2024 APP-208 Waste Management Plan Framework EN010152/APP/8.16 1 28 May 2025 REP2-054 Archaeological Mitigation Strategy 76Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. SCHEDULE 13 Article 43 ARBITRATION RULES Commencing an arbitration 1. The arbitration is deemed to have commenced when a party (“the claimant”) serves a written notice of arbitration on the other party (“the respondent”). 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; 77Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (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 will make an award on the substantive differences based solely on the written material submitted by the parties unless the arbitrator decides that a hearing is necessary to explain or resolve any matters. (3) Either party may, within two days of delivery of the last submission, request a hearing giving specific reasons why it considers a hearing is required. (4) Within 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 10 days of the arbitrator advising the parties that a hearing is to be held, the date and venue for the hearing are to be fixed by agreement with the parties, save that if there is no agreement the arbitrator must direct a date and venue which the arbitrator considers is fair and reasonable in all the circumstances. The date for the hearing must not be less than 35 days from the date of the arbitrator’s direction confirming the date and venue of the hearing. (6) A decision must be made by the arbitrator on whether there is any need for expert evidence to be submitted orally at the hearing. If oral expert evidence is required by the arbitrator, then any experts attending the hearing may be asked questions by the arbitrator. (7) There is to be no examination or cross examination of experts, but the arbitrator must invite the parties to ask questions of the experts by way of clarification of any answers given by the experts in response to the arbitrator’s questions. Prior to the hearing in relation to the experts— (a) at least 28 days before a hearing, the arbitrator must provide a list of issues to be addressed by the experts; (b) if more than one expert is called, they will jointly confer and produce a joint report or reports within 14 days of the issues being provided; and (c) the form and content of a joint report must be as directed by the arbitrator and must be provided at least seven days before the hearing. (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. 78Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. 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 is to have 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 should 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 will 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) Subject to sub-paragraphs (2) and (3), any arbitration hearing and documentation will be open to and accessible by the public. (2) The arbitrator may direct that the whole or part of a hearing is to be private or any documentation to be confidential where it is necessary in order to protect commercially sensitive information. (3) Nothing in this paragraph will prevent any disclosure of a document by a party pursuant to an order of a court in England and Wales or where disclosure is required under any enactment. 79Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. SCHEDULE 14 Article 44 PROTECTIVE PROVISIONS PART 1 FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS 1. For the protection of the utility undertakers referred to in this Part of this Schedule (save for any utility undertakers which are specifically protected by any other Part of this Schedule, which will take precedence), the following provisions have effect, unless otherwise agreed in writing between the undertaker and the utility undertakers concerned. 2. In this Part of this Schedule— “alternative apparatus” means alternative apparatus adequate to enable the utility undertaker in question to fulfil its statutory functions in a manner not less efficient than previously; “apparatus” means— (a) in the case of an electricity undertaker, electric lines or electrical plant (as defined in the Electricity Act 1989(74)), belonging to or maintained by that utility undertaker; (b) in the case of a gas undertaker, any mains, pipes or other apparatus belonging to or maintained by a gas transporter for the purposes of gas supply; (c) in the case of a water undertaker— (i) mains, pipes or other apparatus belonging to or maintained by that utility undertaker for the purposes of water supply; and (ii) any water mains or service pipes (or part of a water main or service pipe) that is the subject of an agreement to adopt made under section 51A of the Water Industry Act 1991; (d) in the case of a sewerage undertaker— (i) any drain or works vested in the utility undertaker under the Water Industry Act 1991(75); and (ii) any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) of that Act or an agreement to adopt made under section 104 of that Act, and includes a sludge main, disposal main (within the meaning of section 219 of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works, and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus; and (e) any other mains, pipelines or cables that are not the subject of the protective provisions in Parts 2 to 6 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— (74) 1989 c. 29. (75) 1991 c. 56. 80Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (a) any licence holder within the meaning of Part 1 of the Electricity Act 1989; (b) a gas transporter within the meaning of Part 1 of the Gas Act 1986(76); (c) water undertaker within the meaning of the Water Industry Act 1991; (d) a sewerage undertaker within the meaning of Part 1 of the Water Industry Act 1991; and (e) an owner or operator of apparatus within paragraph (e) of the definition of that term, for the area of the authorised development, and in relation to any apparatus, means the utility undertaker to whom it belongs or by whom it is maintained. 3. This Part of this Schedule does not apply to apparatus in respect of which the relations between the undertaker and the utility undertaker are regulated by the provisions of Part 3 of the 1991 Act. 4. Regardless of the temporary prohibition or restriction of use of streets under the powers conferred by article 12 (temporary closure of streets and public rights of way), a utility undertaker is at liberty at all times to take all necessary access across any such street and to execute and do all such works and things in, upon or under any such street as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the prohibition or restriction was in that street. 5. Regardless of any provision in this Order or anything shown on the land plans, the undertaker must not acquire any apparatus otherwise than by agreement. 6.—(1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed or over which access to any apparatus is enjoyed or requires that the utility undertaker’s apparatus is relocated or diverted, that apparatus must not be removed under this Part of this Schedule, and any right of a utility undertaker to maintain that apparatus in that land and to gain access to it must not be extinguished, until alternative apparatus has been constructed and is in operation, and access to it has been provided, to the reasonable satisfaction of the utility undertaker in question in accordance with sub-paragraphs (2) to (7). (2) If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, the undertaker must give to the utility undertaker in question written notice of that 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 43 (arbitration). (76) 1986 c. 44. A new section 7 was substituted by section 5 of the Gas Act 1995 (c. 45) and was further amended by section 76 of the Utilities Act 2000 (c. 27). 81Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (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 43, 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 43 (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 82Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. 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 43 (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— 83Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (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(77); “electronic communications apparatus” has the same meaning as in the electronic communications code; “the electronic communications code” has the same meaning as in section 106 (application of the electronic communications code) of the 2003 Act; “electronic communications code network” means— (a) so much of an electronic communications network or conduit system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 of the 2003 Act; and (b) an electronic communications network which the Secretary of State is providing or proposing to provide; “electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106 of the 2003 Act; and “operator” means the operator of an electronic communications code network. 14. The exercise of the powers of article 32 (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— (77) 2003 c. 21. 84Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (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 43 (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 DRAINAGE AUTHORITIES 18. The provisions of this Part of this Schedule have effect for the protection of the drainage authority unless otherwise agreed in writing between the undertaker and the drainage authority. 19. In this Part of this Schedule— “authorised development” has the same meaning as in article 2(1) (interpretation) of this Order and (unless otherwise specified) for the purposes of this Part of this Schedule includes the operation and maintenance of the authorised development and the construction of any works authorised by this Part of this Schedule; “construction” includes execution, placing, altering, replacing, relaying and removal, and “construct” and “constructed” must be construed accordingly; “drainage authority” means in relation to an ordinary watercourse— (a) the drainage board concerned within the meaning of section 23 (prohibition on obstructions etc. in watercourses) of the Land Drainage Act 1991; or (b) in the case of any area for which there is no such drainage board, the lead local flood authority within the meaning of section 6 (other definitions) of the Flood and Water Management Act 2010; 85Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. “drainage work” means any ordinary watercourse and includes any bank, wall, embankment or other structure, or any appliance constructed for land drainage or flood defence which is the responsibility of the drainage authority; “ordinary watercourse” has the meaning given by section 72 (interpretation) of the Land Drainage Act 1991; “plans” includes sections, drawings, specifications and method statements; and “specified work” means so much of the authorised development as is in, on, under, over or within 9 metres of a drainage work or is otherwise likely to affect the flow of water in any watercourse. 20.—(1) Before commencing construction of a specified work, the undertaker must submit to the drainage authority plans of the specified work and such further particulars available to it as the drainage authority may reasonably require within 28 days of the submission of the plans. (2) A specified work must not be constructed except in accordance with such plans as may be approved in writing by the drainage authority or determined under paragraph 28. (3) Any approval of the drainage authority required under this paragraph— (a) must not be unreasonably withheld or delayed; (b) is deemed to have been given if it is neither given nor refused within 56 days of the submission of the plans for approval, or submission of further particulars (where required by the drainage authority under sub-paragraph (1)) whichever is the later; and (c) may be given subject to such reasonable requirements as the drainage authority may make for the protection of any drainage work or for the prevention of flooding or pollution or discharge of its environmental function. (4) Any refusal under this paragraph must be accompanied by a statement of the reasons for refusal. 21. Without limiting the scope of paragraph 20, the requirements which the drainage authority may make under that paragraph include conditions requiring the undertaker at its own expense to construct such protective works, whether temporary or permanent, during the construction of the specified work (including the provision of flood banks, walls or embankments or other new works and the strengthening, repair or renewal of existing banks, walls or embankments) as are reasonably necessary taking account of the terms of this Order— (a) to safeguard any drainage work against damage by reason of any specified work; or (b) to secure that the efficiency of any drainage work for flood defence and land drainage purposes is not impaired, and that the risk of flooding is not otherwise increased beyond the level of flood risk that was assessed in the environmental statement, by reason of any specified work. 22.—(1) Subject to sub-paragraph (2), any specified work, and all protective works required by the drainage authority under paragraph 21, must be constructed— (a) without unreasonable delay in accordance with the plans approved or deemed to have been approved or settled under this Part of this Schedule; and (b) to the reasonable satisfaction of the drainage authority, and an officer of the drainage authority is entitled to watch and inspect the construction of such works. (2) The undertaker must give to the drainage authority— (a) not less than 14 days’ notice in writing of its intention to commence construction of any specified work; and 86Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (b) notice in writing of its completion not later than 7 days after the date on which it is brought into use. (3) If the drainage authority reasonably requires, the undertaker must construct all or part of the protective works so that they are in place prior to the construction of the specified work to which the protective works relate. (4) If any part of a specified work or any protective work required by the drainage authority is constructed other than in accordance with the requirements of this Part of this Schedule, the drainage authority may by notice in writing require the undertaker at the undertaker’s expense to comply with the requirements of this Part of this Schedule or (if the undertaker so elects and the drainage authority in writing consents, such consent not to be unreasonably withheld or delayed) to remove, alter or pull down the work and, where removal is required, to restore the site to its former condition to the reasonable satisfaction of the drainage authority. (5) Subject to sub-paragraph (6) and paragraph 27 if, within a reasonable period, being not less than 56 days beginning with the date when a notice under sub-paragraph (4) is served 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 drainage authority may execute the works specified in the notice and any expenditure reasonably incurred by the drainage authority in so doing is recoverable from the undertaker. (6) In the event of any dispute as to whether sub-paragraph (4) is properly applicable to any work in respect of which notice has been served under that sub-paragraph, or as to the reasonableness of any requirement of such a notice, the drainage authority must not except in the case of an emergency exercise the powers conferred by sub-paragraph (5) until the dispute has been finally determined in accordance with paragraph 28. 23.—(1) Subject to sub-paragraph (5), the undertaker must from the commencement of the construction of the specified work as constructed in accordance with paragraph 22 and protective work as constructed in accordance with paragraph 10, maintain in good repair and condition and free from obstruction any drainage work which is situated within the Order Limits on land held by the undertaker for the purposes of or in connection with the specified work, whether or not the drainage work is constructed under the powers conferred by this Order or is already in existence. (2) If any such specified work or protective work which the undertaker is liable to maintain is not maintained to the reasonable satisfaction of the drainage authority, the drainage authority 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 drainage authority in writing consents, such consent not to be unreasonably withheld or delayed), to remove the specified work and any protective work and restore the site to its former condition, to such extent and within such limits as the drainage authority 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 specified work or protective work is served under sub-paragraph (2) on the undertaker, the undertaker has failed to begin taking steps to comply with the reasonable requirements of the notice and has not subsequently made reasonably expeditious progress towards their implementation, the drainage authority may do what is reasonably necessary for such compliance and any reasonable expenditure incurred by the drainage authority 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 drainage authority 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 28. (5) This paragraph does not apply to— 87Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (a) drainage works that are vested in the drainage authority or that the drainage authority or another person is liable to maintain and is not prevented by this Order from so doing; and (b) any obstruction of a drainage work for the purpose of a work or operation authorised by this Order and carried out in accordance with the provisions of this Part. 24. If by reason of the construction of a specified work or of the failure of any specified work the efficiency of any drainage work for flood defence purposes or land drainage is impaired, or that drainage work is otherwise damaged, the impairment or damage must be made good by the undertaker as soon as reasonably practicable to the reasonable satisfaction of the drainage authority and, if the undertaker fails to do so, the drainage authority may make good the impairment or damage and recover from the undertaker the expense reasonably incurred by it in doing so. 25. If by reason of the construction of the specified work the drainage authority’s access to land drainage infrastructure, flood defences or equipment maintained for flood defence purposes is materially obstructed, the undertaker must provide such alternative means of access that will allow the drainage authority to maintain the land drainage infrastructure, flood defence or use the equipment no less effectively than was possible before the obstruction within 24 hours of or as soon as reasonably practicable after the undertaker becoming aware of such obstruction. 26. The undertaker must make reasonable compensation for costs, charges and expenses which the drainage authority may reasonably incur— (a) in the examination or approval of plans under this Part of this Schedule; (b) in inspecting the construction of the specified work or any protective works required by the drainage authority under this Part of this Schedule; and (c) in carrying out any surveys or tests by the drainage authority which are reasonably required in connection with the construction of the specified work or protective work. 27.—(1) The undertaker must make reasonable compensation for liabilities, costs and losses which may be reasonably incurred or suffered by reason of— (a) the construction of any specified works or protective works comprised within the authorised development; or (b) any act or omission of the undertaker, its employees, contractors or agents or others while engaged upon the construction of the authorised development. (2) The drainage authority must give to the undertaker reasonable notice of any such claim or demand. (3) The undertaker may at its own expense conduct all negotiations for the settlement of the same and any litigation that may arise therefrom. (4) The drainage authority must not compromise or settle any such claim or make any admission which might be prejudicial to the claim without the agreement of the undertaker which agreement must not be unreasonably withheld or delayed. (5) The drainage authority will, having regard to its statutory functions, at all times take reasonable steps to prevent and mitigate any such claims, demands, proceedings, costs, damages, expenses or loss. (6) The drainage authority will, at the request of the undertaker and having regard to its statutory functions, afford all reasonable assistance for the purpose of contesting any such claim or action, and is entitled to be repaid its reasonable expenses reasonably incurred in so doing. (7) The fact that any work or thing has been executed or done by the undertaker in accordance with a plan approved or deemed to be approved by the drainage authority, or to its satisfaction, or in accordance with any directions or award of an arbitrator, does not relieve the undertaker from any liability under this Part of this Schedule. 88Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (8) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage to the extent that it is attributable to the act, neglect or default of the drainage authority or the breach of a statutory duty of the drainage authority, its officers, servants, contractors or agents. 28. Any dispute arising between the undertaker and the drainage authority under this Part of this Schedule, if the parties agree, is to be determined by arbitration under article 43 (arbitration). PART 4 FOR THE PROTECTION OF RAILWAY INTERESTS 29. The provisions of this Part of this Schedule have effect, unless otherwise agreed in writing between the undertaker and Network Rail and, in the case of paragraph 43 of this Part of this Schedule, any other person on whom rights or obligations are conferred by that paragraph. 30. In this Part of this Schedule— “asset protection agreement” means an agreement to regulate the construction and maintenance of the specified work in a form prescribed from time to time by Network Rail; “construction” includes execution, placing, alteration and reconstruction and “construct” and “constructed” have corresponding meanings; “the engineer” means an engineer appointed by Network Rail for the purposes of this Order; “network licence” means the network licence, as the same is amended from time to time, granted to Network Rail Infrastructure Limited by the Secretary of State in exercise of their powers under section 8 (licences) of the Railways Act 1993; “Network Rail” means Network Rail Infrastructure Limited (company number 02904587, whose registered office is at Waterloo General Office, London SE1 8SW) and any associated company of Network Rail Infrastructure Limited which holds property for railway purposes, and for the purpose of this definition “associated company” means any company which is (within the meaning of section 1159 of the Companies Act 2006 the holding company of Network Rail Infrastructure Limited, a subsidiary of Network Rail Infrastructure Limited or another subsidiary of the holding company of Network Rail Infrastructure Limited and any successor to Network Rail Infrastructure Limited’s railway undertaking; “plans” includes sections, designs, design data, software, drawings, specifications, soil reports, calculations, descriptions (including descriptions of methods of construction), staging proposals, programmes and details of the extent, timing and duration of any proposed occupation of railway property; “railway operational procedures” means procedures specified under any access agreement (as defined in the Railways Act 1993) or station lease; “railway property” means any railway belonging to Network Rail and— (a) any station, land, works, apparatus and equipment belonging to Network Rail or connected with any such railway; and (b) any easement or other property interest held or used by Network Rail or a tenant or licensee of Network Rail for the purposes of such railway or works, apparatus or equipment; “regulatory consents” means any consent or approval required under— (a) the Railways Act 1993; (b) the network licence; and/or (c) any other relevant statutory or regulatory provisions, 89Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. by either the Office of Rail and Road or the Secretary of State for Transport or any other competent body including change procedures and any other consents, approvals of any access or beneficiary that may be required in relation to the authorised development; “specified work” means so much of any of the authorised development as is situated upon, across, under, over or within 15 metres of, or may in any way adversely affect, railway property and, for the avoidance of doubt, includes the maintenance of such works under the powers conferred by article 5 (power to maintain the authorised development) in respect of such works. 31.—(1) Where under this Part of this Schedule Network Rail is required to give its consent or approval in respect of any matter, that consent or approval is subject to the condition that Network Rail complies with any relevant railway operational procedures and any obligations under its network licence or under statute. (2) In so far as any specified work or the acquisition or use of railway property is or may be subject to railway operational procedures, Network Rail must— (a) co-operate with the undertaker with a view to avoiding undue delay and securing conformity as between any plans approved by the engineer and requirements emanating from those procedures; and (b) use their reasonable endeavours to avoid any conflict arising between the application of those procedures and the proper implementation of the authorised development pursuant to this Order. 32.—(1) The undertaker must not exercise the powers conferred by— (a) article 3 (development consent etc granted by this Order); (b) article 5 (power to maintain the authorised development); (c) article 18 (discharge of water); (d) article 20 (authority to survey and investigate the land); (e) article 21 (compulsory acquisition of land); (f) article 23 (compulsory acquisition of rights); (g) article 24 (private rights); (h) article 26 (acquisition of subsoil only); (i) article 27 (power to override easements and other rights); (j) article 30 (temporary use of land for constructing the authorised development); (k) article 31 (temporary use of land for maintaining the authorised development); (l) article 32 (statutory undertakers); (m) article 39 (felling or lopping of trees and removal of hedgerows); (n) article 40 (trees subject to tree preservation orders); (o) section 11(3) (power of entry) of the Compulsory Purchase Act 1965; (p) section 203 (power to override easements and rights) of the Housing and Planning Act 2016; (q) section 172 (right to enter and survey land) of the Housing and Planning Act 2016; (r) any powers in respect of the temporary possession of land under the Neighbourhood Planning Act 2017, in respect of any railway property unless the exercise of such powers is with the consent of Network Rail. 90Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (2) The undertaker must not in the exercise of the powers conferred by this Order prevent pedestrian or vehicular access to any railway property, unless preventing such access is with the consent of Network Rail. (3) The undertaker must not exercise the powers conferred by sections 271 or 272 of the 1990 Act, article 32 (statutory undertakers), article 27 (power to override easements and other rights) or article 24 (private rights), in relation to any right of access of Network Rail to railway property, but such right of access may be diverted with the consent of Network Rail. (4) The undertaker must not under the powers of this Order acquire or use or acquire new rights over, or seek to impose any restrictive covenants over, any railway property or extinguish any existing rights of Network Rail in respect of any third party property, except with the consent of Network Rail. (5) The undertaker must not under the powers of this Order do anything which would result in railway property being incapable of being used or maintained or which would affect the safe running of trains on the railway. (6) Where Network Rail is asked to give its consent pursuant to this paragraph, such consent must not be unreasonably withheld but may be given subject to reasonable conditions but it shall never be unreasonable to withhold consent for reasons of operational or railway safety (such matters to be in Network Rail’s absolute discretion). (7) The undertaker must enter into an asset protection agreement prior to the carrying out of any specified work. 33.—(1) The undertaker must before commencing construction of any specified work supply to Network Rail proper and sufficient plans of that work for the reasonable approval of the engineer and the specified work must not be commenced except in accordance with such plans as have been approved in writing by the engineer or settled by arbitration. (2) The approval of the engineer under sub-paragraph (1) must not be unreasonably withheld, and if by the end of the period of 28 days beginning with the date on which such plans have been supplied to Network Rail the engineer has not intimated their disapproval of those plans and the grounds of such disapproval the undertaker may serve upon the engineer written notice requiring the engineer to intimate approval or disapproval within a further period of 28 days beginning with the date upon which the engineer receives written notice from the undertaker. If by the expiry of the further 28 days the engineer has not intimated approval or disapproval, the engineer shall be deemed to have approved the plans as submitted. (3) If by the end of the period of 28 days beginning with the date on which written notice was served upon the engineer under sub-paragraph (2), Network Rail gives notice to the undertaker that Network Rail desires itself to construct any part of a specified work which in the opinion of the engineer will or may affect the stability of railway property or the safe operation of traffic on the railways of Network Rail then, if the undertaker desires such part of the specified work to be constructed, Network Rail must construct it without unnecessary delay on behalf of and to the reasonable satisfaction of the undertaker in accordance with the plans approved or deemed to be approved or settled under this paragraph, and under the supervision (where appropriate and if given) of the undertaker. (4) When signifying their approval of the plans the engineer may specify any protective works (whether temporary or permanent) which in the engineer’s opinion should be carried out before the commencement of the construction of a specified work to ensure the safety or stability of railway property or the continuation of safe and efficient operation of the railways of Network Rail or the services of operators using the same (including any relocation, de-commissioning and removal of works, apparatus and equipment necessitated by a specified work and the comfort and safety of passengers who may be affected by the specified works), and such protective works as may be reasonably necessary for those purposes must be constructed by Network Rail or by the undertaker, 91Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. if Network Rail so desires, and such protective works must be carried out at the expense of the undertaker in either case without unnecessary delay and the undertaker must not commence the construction of the specified works until the engineer has notified the undertaker that the protective works have been completed to their reasonable satisfaction. 34.—(1) Any specified work and any protective works to be constructed by virtue of paragraph 33(4) must, when commenced, be constructed— (a) without unnecessary delay in accordance with the plans approved or deemed to have been approved or settled under paragraph 33; (b) under the supervision (where appropriate and if given) and to the reasonable satisfaction of the engineer; (c) in such manner as to cause as little damage as is possible to railway property; and (d) so far as is reasonably practicable, so as not to interfere with or obstruct the free, uninterrupted and safe use of any railway of Network Rail or the traffic thereon and the use by passengers of railway property. (2) If any damage to railway property or any such interference or obstruction shall be caused by the carrying out of, or in consequence of the construction of a specified work, the undertaker must, notwithstanding any such approval, make good such damage and must pay to Network Rail all reasonable expenses to which Network Rail may be put and compensation for any loss which it may sustain by reason of any such damage, interference or obstruction. (3) Nothing in this Part of this Schedule imposes any liability on the undertaker with respect to any damage, costs, expenses or loss attributable to the negligence of Network Rail or its servants, contractors or agents or any liability on Network Rail with respect of any damage, costs, expenses or loss attributable to the negligence of the undertaker or its servants, contractors or agents. 35. The undertaker must— (a) at all times afford reasonable facilities to the engineer for access to a specified work during its construction; and (b) supply the engineer with all such information as they may reasonably require with regard to a specified work or the method of constructing it. 36. Network Rail must at all times afford reasonable facilities to the undertaker and its agents for access to any works carried out by Network Rail under this Part of this Schedule during their construction and must supply the undertaker with such information as it may reasonably require with regard to such works or the method of constructing them. 37.—(1) If any permanent or temporary alterations or additions to railway property are reasonably necessary in consequence of the construction or completion of a specified work in order to ensure the safety of railway property or the continued safe operation of the railway of Network Rail, such alterations and additions may be carried out by Network Rail and if Network Rail gives to the undertaker 56 days’ notice (or in the event of an emergency or safety critical issue such notice as is reasonable in the circumstances) of its intention to carry out such alterations or additions (which must be specified in the notice), the undertaker must pay to Network Rail the reasonable cost of those alterations or additions including, in respect of any such alterations and additions as are to be permanent, a capitalised sum representing the increase of the costs which may be expected to be reasonably incurred by Network Rail in maintaining, working and, when necessary, renewing any such alterations or additions. (2) If during the construction of a specified work by the undertaker, Network Rail gives notice to the undertaker that Network Rail desires itself to construct that part of the specified work which in the opinion of the engineer is endangering the stability of railway property or the safe operation of traffic on the railways of Network Rail then, if the undertaker decides that part of the specified work 92Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. is to be constructed, Network Rail must assume construction of that part of the specified work and the undertaker must, notwithstanding any such approval of a specified work under paragraph 33(3), pay to Network Rail all reasonable expenses to which Network Rail may be put and compensation for any loss which it may suffer by reason of the execution by Network Rail of that specified work. (3) The engineer must, in respect of the capitalised sums referred to in this paragraph and paragraph 38(a) provide such details of the formula by which those sums have been calculated as the undertaker may reasonably require. (4) If the cost of maintaining, working or renewing railway property is reduced in consequence of any such alterations or additions a capitalised sum representing such saving must be set off against any sum payable by the undertaker to Network Rail under this paragraph. 38. The undertaker must repay to Network Rail all reasonable fees, costs, charges and expenses reasonably incurred by Network Rail— (a) in constructing any part of a specified work on behalf of the undertaker as provided by paragraph 33(3) or in constructing any protective works under the provisions of paragraph 33(4) including, in respect of any permanent protective works, a capitalised sum representing the cost of maintaining and renewing those works; (b) in respect of the approval by the engineer of plans submitted by the undertaker and the supervision by the engineer of the construction of a specified work; (c) in respect of the employment or procurement of the services of any inspectors, signallers, watch-persons and other persons whom it shall be reasonably necessary to appoint for inspecting, signalling, watching and lighting railway property and for preventing, so far as may be reasonably practicable, interference, obstruction, danger or accident arising from the construction or failure of a specified work; (d) in respect of any special traffic working resulting from any speed restrictions which may in the opinion of the engineer, require to be imposed by reason or in consequence of the construction or failure of a specified work or from the substitution or diversion of services which may be reasonably necessary for the same reason; and (e) in respect of any additional temporary lighting of railway property in the vicinity of the specified works, being lighting made reasonably necessary by reason or in consequence of the construction or failure of a specified work. 39.—(1) In this paragraph— “EMI” means, subject to sub-paragraph (2), electromagnetic interference with Network Rail apparatus generated by the operation of the authorised development where such interference is of a level which adversely affects the safe operation of Network Rail’s apparatus; and “Network Rail’s apparatus” means any lines, circuits, wires, apparatus or equipment (whether or not modified or installed as part of the authorised development) which are owned or used by Network Rail for the purpose of transmitting or receiving electrical energy or of radio, telegraphic, telephonic, electric, electronic or other like means of signalling or other communications. (2) This paragraph applies to EMI only to the extent that such EMI is not attributable to any change to Network Rail’s apparatus carried out after approval of plans under paragraph 33(1) for the relevant part of the authorised development giving rise to EMI (unless the undertaker has been given notice in writing before the approval of those plans of the intention to make such change). (3) Subject to sub-paragraph (5), the undertaker must in the design and construction of the authorised development take all measures necessary to prevent EMI and must establish with Network Rail (both parties acting reasonably) appropriate arrangements to verify their effectiveness. (4) In order to facilitate the undertaker’s compliance with sub-paragraph (3)— 93Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (a) the undertaker must consult with Network Rail as early as reasonably practicable to identify all Network Rail’s apparatus which may be at risk of EMI, and thereafter must continue to consult with Network Rail (both before and after formal submission of plans under paragraph 33(1)) in order to identify all potential causes of EMI and the measures required to eliminate them; (b) Network Rail must make available to the undertaker all information in the possession of Network Rail reasonably requested by the undertaker in respect of Network Rail’s apparatus identified pursuant to sub-paragraph (a); and (c) Network Rail must allow the undertaker reasonable facilities for the inspection of Network Rail’s apparatus identified pursuant to sub-paragraph (a). (5) In any case where it is established that EMI can only reasonably be prevented by modifications to Network Rail’s apparatus, Network Rail must not withhold its consent unreasonably to modifications of Network Rail’s apparatus, but the means of prevention and the method of their execution must be selected in the reasonable discretion of Network Rail, and in relation to such modifications paragraph 33(1) has effect subject to the sub-paragraph. (6) Prior to the commencement of operation of the authorised development the undertaker shall test the use of the authorised development in a manner that shall first have been agreed with Network Rail and if, notwithstanding any measures adopted pursuant to sub-paragraph (3), the testing of the authorised development causes EMI then the undertaker must immediately upon receipt of notification by Network Rail of such EMI either in writing or communicated orally (such oral communication to be confirmed in writing as soon as reasonably practicable after it has been issued) forthwith cease to use (or procure the cessation of use of) the undertaker’s apparatus causing such EMI until all measures necessary have been taken to remedy such EMI by way of modification to the source of such EMI or (in the circumstances, and subject to the consent, specified in sub- paragraph (5)) to Network Rail’s apparatus. (7) In the event of EMI having occurred— (a) the undertaker must afford reasonable facilities to Network Rail for access to the undertaker’s apparatus in the investigation of such EMI; (b) Network Rail must afford reasonable facilities to the undertaker for access to Network Rail’s apparatus in the investigation of such EMI; (c) Network Rail must make available to the undertaker any additional material information in its possession reasonably requested by the undertaker in respect of Network Rail’s apparatus or such EMI; and (d) the undertaker shall not allow the use or operation of the authorised development in a manner that has caused or will cause EMI until measures have been taken in accordance with this paragraph to prevent EMI occurring. (8) Where Network Rail approves modifications to Network Rail’s apparatus pursuant to sub- paragraphs (5) or (6)— (a) Network Rail must allow the undertaker reasonable facilities for the inspection of the relevant part of Network Rail’s apparatus; and (b) any modifications to Network Rail’s apparatus approved pursuant to those sub-paragraphs must be carried out and completed by the undertaker in accordance with paragraph 34. (9) To the extent that it would not otherwise do so, the indemnity in paragraph 43(1) applies to the costs and expenses reasonably incurred or losses suffered by Network Rail through the implementation of the provisions of this paragraph (including costs incurred in connection with the consideration of proposals, approval of plans, supervision and inspection of works and facilitating access to Network Rail’s apparatus) or in consequence of any EMI to which sub-paragraph (6) applies. 94Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (10) For the purpose of paragraph 38(a) any modifications to Network Rail’s apparatus under this paragraph shall be deemed to be protective works referred to in that paragraph. 40. If at any time after the completion of a specified work, not being a work vested in Network Rail, Network Rail gives notice to the undertaker informing it that the state of maintenance of any part of the specified work appears to be such as adversely affects the operation of railway property, the undertaker must, on receipt of such notice, take such steps as may be reasonably necessary to put that specified work in such state of maintenance as not adversely to affect railway property. 41. The undertaker must not provide any illumination or illuminated sign or signal on or in connection with a specified work in the vicinity of any railway belonging to Network Rail unless it has first consulted Network Rail and it must comply with Network Rail’s reasonable requirements for preventing confusion between such illumination or illuminated sign or signal and any railway signal or other light used for controlling, directing or securing the safety of traffic on the railway. 42. Any additional expenses which Network Rail may reasonably incur in altering, reconstructing or maintaining railway property under any powers existing at the making of this Order by reason of the existence of a specified work must, provided that 56 days’ previous notice of the commencement of such alteration, reconstruction or maintenance has been given to the undertaker, be repaid by the undertaker to Network Rail. 43.—(1) The undertaker must pay to Network Rail all reasonable costs, charges, damages and expenses not otherwise provided for in this Part of this Schedule (subject to article 42 (no double recovery)) which may be occasioned to or reasonably incurred by Network Rail— (a) by reason of the construction, maintenance or operation of a specified work or the failure thereof; or (b) by reason of any act or omission of the undertaker or of any person in its employ or of its contractors or others whilst engaged upon a specified work; (c) by reason of any act or omission of the undertaker or any person in its employ or of its contractors or others whilst accessing to or egressing from the authorised development; (d) in respect of any damage caused to or additional maintenance required to, railway property or any such interference or obstruction or delay to the operation of the railway as a result of access to or egress from the authorised development by the undertaker or any person in its employ or of its contractors or others; (e) in respect of costs incurred by Network Rail in complying with any railway operational procedures or obtaining any regulatory consents which procedures are required to be followed or consents obtained to facilitate the carrying out or operation of the authorised development, and the undertaker must indemnify and keep indemnified Network Rail from and against all claims and demands arising out of or in connection with a specified work or any such failure, act or omission: and the fact that any act or thing may have been done by Network Rail on behalf of the undertaker or in accordance with plans approved by the engineer or in accordance with any requirement of the engineer or under the engineer’s supervision shall not (if it was done without negligence on the part of Network Rail or of any person in its employ or of its contractors or agents) excuse the undertaker from any liability under the provisions of this sub-paragraph. (2) Network Rail must— (a) give the undertaker reasonable written notice of any such claims or demands; (b) not make any settlement or compromise of such a claim or demand without the prior consent of the undertaker; and (c) take such steps as are within its control and are reasonable in the circumstances to mitigate any liabilities relating to such claims or demands. 95Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (3) The sums payable by the undertaker under sub-paragraph (1) shall if relevant include a sum equivalent to the relevant costs. (4) Subject to the terms of any agreement between Network Rail and a train operator regarding the timing or method of payment of the relevant costs in respect of that train operator, Network Rail must promptly pay to each train operator the amount of any sums which Network Rail receives under sub-paragraph (3) which relates to the relevant costs of that train operator. (5) The obligation under sub-paragraph (3) to pay Network Rail the relevant costs shall, in the event of default, be enforceable directly by any train operator concerned to the extent that such sums would be payable to that operator pursuant to sub-paragraph (4). (6) In this paragraph— “the relevant costs” means the costs, losses and expenses (including loss of revenue) reasonably incurred by each train operator as a consequence of any specified work including but not limited to any restriction of the use of Network Rail’s railway network as a result of the construction, maintenance or failure of a specified work or any such act or omission as mentioned in sub-paragraph (1); and “train operator” means any person who is authorised to act as the operator of a train by a licence under section 8 of the Railways Act 1993. 44. Network Rail must, on receipt of a request from the undertaker, from time to time provide the undertaker free of charge with written estimates of the costs, charges, expenses and other liabilities for which the undertaker is or will become liable under this Part of this Schedule (including the amount of the relevant costs mentioned in paragraph 43) and with such information as may reasonably enable the undertaker to assess the reasonableness of any such estimate or claim made or to be made pursuant to this Part of this Schedule (including any claim relating to those relevant costs). 45. In the assessment of any sums payable to Network Rail under this Part of this Schedule there must not be taken into account any increase in the sums claimed that is attributable to any action taken by or any agreement entered into by Network Rail if that action or agreement was not reasonably necessary and was taken or entered into with a view to obtaining the payment of those sums by the undertaker under this Part of this Schedule or increasing the sums so payable. 46. The undertaker and Network Rail may, subject in the case of Network Rail to compliance with the terms of its network licence, enter into, and carry into effect, agreements for the transfer to the undertaker of— (a) any railway property shown on the works and land plans and described in the book of reference; (b) any lands, works or other property held in connection with any such railway property; and (c) any rights and obligations (whether or not statutory) of Network Rail relating to any railway property or any lands, works or other property referred to in this paragraph. 47. Nothing in this Order, or in any enactment incorporated with or applied by this Order, prejudices or affects the operation of Part I of the Railways Act 1993. 48. The undertaker must give written notice to Network Rail if any application is proposed to be made by the undertaker for the Secretary of State’s consent, under article 36 (consent to transfer the benefit of the Order) of this Order and any such notice must be given no later than 28 days before any such application is made and must describe or give (as appropriate)— (a) the nature of the application to be made; (b) the extent of the geographical area to which the application relates; and (c) the name and address of the person acting for the Secretary of State to whom the application is to be made. 96Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. 49. The undertaker must no later than 28 days from the date that the plans submitted to and certified by the Secretary of State in accordance with article 41 (certification of plans and documents, etc.) are certified by the Secretary of State, provide a set of those plans to Network Rail in a format specified by Network Rail. 50. Any dispute arising under this Part of this Schedule, unless otherwise provided for, must be referred to and settled by arbitration in accordance with article 43 (arbitration) and the Rules at Schedule 13 (Arbitration Rules). PART 5 FOR THE PROTECTION OF THE ENVIRONMENT AGENCY 51.—(1) The following provisions apply for the protection of the Agency, except in respect of the construction of any work or the carrying out of any operation required for the purposes of, or in connection with, the construction, operation or maintenance of any part of the authorised development undertaken within Plots 9/09, 9/12, 9/13, 9/14, 9/15, 10/01, 10/02, 10/03, 10/04, 10/05, 10/06, 10/07, 10/08, 10/09, 10/10, 10/11, 10/12, 10/13, and 10/14 as marked within the land plans or unless otherwise agreed in writing between the undertaker and the Agency. (2) In this Part of this Schedule— “Agency” means the Environment Agency; “construction” includes execution, placing, altering, replacing, relaying and removal and excavation and “construct” and “constructed” is construed accordingly; “drainage work” means any main river and includes any land which provides or is expected to provide flood storage capacity for any main river and any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage, flood defence or tidal monitoring; “emergency” means an occurrence which presents a risk of— (a) serious flooding; (b) serious detrimental impact on drainage; or (c) serious harm to the environment; “fishery” means any waters containing fish and fish in, or migrating to or from, such waters and the spawn, spawning ground, habitat or food of such fish; “main river” has the same meaning given in section 113 of the Water Resources Act 1991; “non-tidal main river” has the meaning given in paragraph 2(1) of Part 1 of Schedule 25 to the Environmental Permitting (England and Wales) Regulations 2016; “plans” includes plans, sections, elevations, drawings, specifications, programmes, proposals, calculations, method statements and descriptions; “remote defence” means any berm, wall or embankment that is constructed for the purposes of preventing or alleviating flooding from, or in connection with, any main river; “sea defence” means any bank, wall, embankment (any berm, counterwall or cross-wall connected to any such bank, wall or embankment), barrier, tidal sluice and other defence, whether natural or artificial, against the inundation of land by sea water or tidal water, including natural or artificial high ground which forms part of or makes a contribution to the efficiency of the defences of the Agency’s area against flooding, but excludes any sea defence works which are for the time being maintained by a coast protection authority under the provisions of the Coast Protection Act 1949 or by any local authority or any navigation, harbour or conservancy authority; 97Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. “specified work” means so much of any work or operation authorised by this Order as is in, on, under, over or within— (a) 16 metres of the base of a sea defence which is likely to— (i) endanger the stability of, cause damage or reduce the effectiveness of that sea defence, or (ii) interfere with the Agency’s access to or along that sea defence or the Agency’s ability to undertake works to ensure the efficacy of that sea defence; (b) 8 metres of the base of a remote defence which is likely to— (i) endanger the stability of, cause damage or reduce the effectiveness of that remote defence, or (ii) interfere with the Agency’s access to or along that remote defence; (c) 16 metres of a drainage work involving a tidal main river; (d) 8 metres of a drainage work involving a non-tidal main river; (e) any distance of a drainage work and is otherwise likely to— (i) affect any drainage work or the volumetric rate of flow of water in or flowing to or from any drainage work; (ii) affect the flow, purity or quality of water in any main river or other surface waters; (iii) cause obstruction to the free passage of fish or damage to any fishery; (iv) affect the conservation, distribution or use of water resources; or (v) affect the conservation value of the main river and habitats in its immediate vicinity; or which involves— (f) an activity that includes dredging, raising or taking of any sand, silt, ballast, clay, gravel or other materials from or off the bed or banks of a drainage work (or causing such materials to be dredged, raised or taken), including hydrodynamic dredging or desilting; and (g) any quarrying or excavation within 16 metres of a drainage work which is likely to cause damage to or endanger the stability of the banks or structure of that drainage work; “tidal main river” has the meaning given in paragraph 2(1) of Part 1 of Schedule 25 to the Environmental Permitting (England and Wales) Regulations 2016. Submission and approval of plans 52.—(1) Before beginning to construct any specified work, the undertaker must submit to the Agency plans of the specified work and such further particulars available to it as the Agency may within 28 days of the receipt of the plans reasonably request. (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 62. (3) Any approval of the Agency required under this paragraph— (a) must not be unreasonably withheld or delayed; (b) subject to sub-paragraph (5), is deemed to have been refused if it is neither given nor refused within 2 months of the submission of the plans or such later date as is agreed between the Agency and the undertaker and if further particulars have been requested pursuant to sub-paragraph (1) the period between the making of this request and the provision of further particulars in response to it shall not be taken into account in the calculation of the 2 months for the purposes of this sub-paragraph; and 98Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (c) may be given subject to such reasonable requirements as the Agency may have for the protection of any drainage work or the fishery or for the protection of water resources, or for the prevention of flooding or pollution or for nature conservation or the prevention of environmental harm in the discharge of its environmental duties. (4) The Agency must use its reasonable endeavours to respond to the submission of any plans before the expiration of the period mentioned in sub-paragraph (3)(b). (5) In the case of a refusal, the Agency must provide reasons for the grounds of that refusal. Construction of protective works 53. Without limiting paragraph 52 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 54.—(1) Subject to sub-paragraph (2), any specified work, and all protective works required by the Agency under paragraph 53, must be constructed— (a) without unreasonable delay in accordance with the plans approved under this Part of this Schedule; and (b) to the reasonable satisfaction of the Agency, and the Agency is entitled by its officer to watch and inspect the construction of such works. (2) The undertaker must give to the Agency not less than 14 days’ notice in writing of its intention to commence construction of any specified work and notice in writing of its completion not later than 7 days after the date on which it is completed. (3) If the Agency reasonably requires, the undertaker must construct all or part of the protective works so that they are in place prior to the construction of any specified work to which the protective works relate. Works not in accordance with this Schedule 55.—(1) If there is any failure by the undertaker to obtain consent or comply with conditions imposed by the Agency in accordance with these protective provisions and where the Agency acting reasonably considers it necessary to avoid any of the risks specified in sub-paragraph (2), the Agency may serve written notice requiring the undertaker to cease all or part of the specified works as may be specified within the notice within the period specified in the notice, and the undertaker must cease constructing the specified works or part thereof until such time as it has obtained the consent or complied with the condition specified within the notice served. (2) The risks specified in sub-paragraph (1) are— (a) risk of flooding; (b) risk of harm to the environment; 99Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (c) risk of detrimental impact on drainage; and (d) damage to the fishery. (3) If any part of a specified work or any protective work required by the Agency is constructed otherwise than in accordance with the requirements of this Part of this Schedule, the Agency may by notice in writing require the undertaker at the undertaker’s own expense to comply with the requirements of this Part of this Schedule or (if the undertaker so elects and the Agency in writing consents, such consent not to be unreasonably withheld or delayed) to remove, alter or pull down the work and, where removal is required, to restore the site to its former condition to such extent and within such limits as the Agency reasonably requires. (4) Subject to sub-paragraph (5) if, within a reasonable period, being not less than 28 days beginning with the date when a notice under sub-paragraph (3) is served upon the undertaker, the undertaker has failed to begin taking steps to comply with the requirements of the notice and has not subsequently made reasonably expeditious progress towards their implementation, the Agency may execute the works specified in the notice and any reasonable expenditure incurred by the Agency in so doing is recoverable from the undertaker. (5) In the event of any dispute as to whether sub-paragraph (3) is properly applicable to any work in respect of which notice has been served under that sub-paragraph, or as to the reasonableness of any requirement of such a notice, the Agency must not, except in the case of an emergency, exercise the powers conferred by sub-paragraph (4) until the dispute has been finally determined in accordance with paragraph 62. Maintenance of works 56.—(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 Order limits 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 62. (5) This paragraph does not apply to— (a) drainage works which are vested in the Agency, or which the Agency or another person is liable to maintain and is not proscribed by the powers of the Order from doing so; and (b) any obstruction of a drainage work expressly authorised in the approval of specified works plans and carried out in accordance with the provisions of this Part of this Schedule provided that any obstruction is removed as soon as reasonably practicable. 100Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. Remediating impaired drainage work 57. 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 58. If by reason of the construction of any specified work or the failure of any such work, the Agency’s access to flood defences or equipment maintained for flood defence purposes is materially obstructed, the undertaker must notify the Agency immediately and provide suitable alternative means of access that will allow the Agency to maintain the flood defence or use the equipment no less effectively than was possible before the obstruction occurred and such alternative access must be made available as soon as reasonably practicable after the undertaker becomes aware of such obstruction, except in the case of an emergency in which case the undertaker must provide such alternative means of access on demand. Free passage of fish 59.—(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. Indemnity 60. 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. 101Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. 61.—(1) The undertaker is responsible for and indemnifies the Agency against all costs and losses, liabilities, claims and demands not otherwise provided for in this Schedule which may be reasonably incurred or suffered by the Agency by reason of, or arising out of— (a) the construction, operation or maintenance of any specified works comprised within the authorised development or the failure of any such works comprised within them; or (b) any act or omission of the undertaker, its employees, contractors or agents or others whilst engaged upon the construction, operation, or maintenance of the authorised development or dealing with any failure of the authorised development. (2) For the avoidance of doubt, in sub-paragraph (1)— “costs” includes— (a) expenses and charges; (b) staff costs and overheads; and (c) legal costs; “losses” includes physical damage; “claims” and “demands” include as applicable— (a) costs (within the meaning of sub-paragraph (2)) incurred in connection with any claim or demand; and (b) any interest element of sums claimed or demanded; “liabilities” includes— (a) contractual liabilities; (b) tortious liabilities (including liabilities for negligence or nuisance); (c) liabilities to pay statutory compensation or for breach of statutory duty; (d) liabilities to pay statutory penalties imposed on the basis of strict liability (but does not include liabilities to pay other statutory penalties. (3) The Agency must give to the undertaker reasonable notice of any such claim or demand and must not settle or compromise a claim without the agreement of the undertaker and that agreement must not be unreasonably withheld or delayed. (4) The Agency must, at all times, take reasonable steps to prevent and mitigate any such claims, demands, proceedings, costs, damages, expenses or loss. (5) The fact that any work or thing has been executed or done by the undertaker in accordance with a plan approved by the Agency, or to its satisfaction, or in accordance with any directions or 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 62. 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 43 (arbitration), but failing agreement be determined by the Secretary of State for Environment, Food and Rural Affairs or its successor and the Secretary of State for Energy Security and Net Zero or its successor acting jointly on a reference to them by the undertaker or the Agency, after notice in writing by one to the other. 102Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. PART 6 FOR THE PROTECTION OF EXOLUM PIPELINE SYSTEM LTD Application 63. For the protection of Exolum the following provisions, unless otherwise agreed in writing at any time between the undertaker and Exolum, have effect. Interpretation 64. In this Part of this Schedule, the following terms shall have the following meanings— “Additional Rights” means rights for the construction and for access to and for the use, protection, inspection, maintenance, repair and renewal of retained Apparatus including any restrictions on the landowner and occupiers for the protection of the retained Apparatus and to allow Exolum to perform its functions; “Alternative Apparatus” means alternative apparatus adequate to enable Exolum to fulfil its functions as a pipeline operator in a manner not less efficient than previously; “Alternative Rights” means rights for the construction and for access to and for the use, protection, inspection, maintenance, repair and renewal of Alternative Apparatus including any restrictions on the landowner and occupiers for the protection of the Alternative Apparatus and to allow Exolum to perform its functions; “Apparatus” means the pipeline and storage system and any ancillary apparatus owned or operated by Exolum and includes— (a) any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus; (b) any ancillary works, all protective wrappings, valves, sleeves and slabs, cathodic protection units, together with ancillary cables and markers; (c) such legal interest, and benefit of property rights and covenants as are vested in respect of these items, and, where the context requires, includes Alternative Apparatus; “Exolum” means Exolum Pipeline System Ltd and for the purpose of enforcing the benefit of any provisions in this Part of this Schedule, any group company of Exolum Pipeline System Ltd and in all cases any successor in title; “functions” includes powers and duties; “in” in a context referring to Apparatus in land includes a reference to Apparatus under, over or upon land; “Plan” includes all designs, drawings, sections, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary to allow Exolum to assess the Restricted Works to be executed properly and sufficiently and in particular must describe— (a) the position of the works as proposed to be constructed or renewed; (b) the level at which the works are proposed to be constructed or renewed; (c) the manner of the works’ construction or renewal including details of excavation, positioning of plant etc.; (d) the position of the affected Apparatus and/or Premises and any other apparatus belonging to another undertaker that may also be affected by the Restricted Works; 103Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (e) by way of detailed drawings, every alteration proposed to be made to or close to any such Apparatus; (f) any intended maintenance regime; (g) details of the proposed method of working and timing of execution of works; and (h) details of vehicle access routes for construction and operational traffic; “Premises” means land that Exolum owns, occupies or otherwise has rights to use including but not limited to storage facilities, administrative buildings and jetties; “Protective Works” means any works for the inspection and protection of Apparatus; and “Restricted Works” means works that or will or may affect any Apparatus or Premises including— (a) all works within 15 metres measured in any direction of any Apparatus including embankment works and those that involve a physical connection or attachment to any Apparatus; (b) the crossing of Apparatus by other utilities; (c) the use of explosives within 400 metres of any Apparatus or Premises; (d) piling, undertaking of a 3D seismic survey or the sinking boreholes within 30 metres of any Apparatus or Premises; (e) all works that impose a load directly upon the Apparatus, wherever situated, whether carried out by the undertaker or any third party in connection with the Authorised Development. Acquisition of Apparatus 65. Regardless of any other provision in the Order or anything shown on the land plans— (a) the undertaker must not, otherwise than by agreement with Exolum, acquire any Apparatus, Exolum’s rights in respect of Apparatus or any of Exolum’s interests in the Order land; (b) where the undertaker acquires the freehold of any land in which Exolum holds an interest, the undertaker must afford to or secure for Exolum such rights in land in substitution for any right which would be extinguished by that acquisition (the replacement rights). These replacement rights must be no less favourable than the rights to be extinguished and must be granted upon substantially the same terms and conditions as the rights to be extinguished, unless otherwise agreed between the undertaker and Exolum, and must be granted or put in place contemporaneously with the extinguishment of the right which they replace; (c) the undertaker must not, otherwise than in accordance with this Part of this Schedule— (i)obstruct or render less convenient the access to any Apparatus; (ii)interfere with or affect Exolum’s ability to carry out its functions as an oil pipeline operator; (iii)require that Apparatus is relocated or diverted; or (iv)remove or required to be removed any Apparatus; (d) any right of Exolum to maintain, repair, renew, adjust, alter or inspect Apparatus must not be extinguished under this Order until any necessary Alternative Apparatus has been constructed and it is in operation and the Alternative Rights have been granted, all to the reasonable satisfaction of Exolum; and 104Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (e) any right of Exolum to access the Exolum operations must not be extinguished until necessary alternative access has been provided to Exolum’s reasonable satisfaction. 66. Prior to the carrying out of any Restricted Works or any works authorised by this Order that will affect the Apparatus of Exolum, the parties must use their reasonable endeavours to negotiate and enter into such deeds of consent (crossing consent) and (if necessary) variations to the existing rights upon such terms and conditions as may be agreed between Exolum and the undertaker acting reasonably and which must be no less favourable on the whole to Exolum than this Part of this Schedule, and it will be the responsibility of the undertaker to use all reasonable endeavours to procure and secure the consent and entering into of such deeds and variations by all other third parties with an interest in the land at that time who are affected by such works. 67.—(1) Where the undertaker acquires land which is subject to any existing rights of Exolum and the provisions of paragraph 68(1) do not apply, the undertaker must— (a) retain any notice of the existing rights of Exolum on the title to the relevant land when registering the undertaker’s title to such acquired land; and (b) in instances where no such notice of the existing rights 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 the existing rights or other interest in relation to such acquired land; and (c) provide up to date official entry copies to Exolum within 20 working days of receipt of such up to date official entry copies. (2) Where the undertaker takes temporary possession of any land or carries out survey works on land in respect of which Exolum has Apparatus or Premises— (a) where reasonably necessary, Exolum may exercise its rights to access such land— (i)in an emergency, without notice; and (ii)in non-emergency circumstances, having first given not less than 14 days’ written notice to the undertaker in order to allow the parties to agree the timing of their respective works during the period of temporary possession; and (b) the undertaker must not remove or in any way alter Exolum’s rights in such land, unless in accordance with the provisions of this Order. Removal of Apparatus and Rights for Alternative Apparatus 68.—(1) If having used all reasonable endeavours to implement the Authorised Development without the removal of any Apparatus— (a) the undertaker reasonably requires the removal of any Apparatus; or (b) Exolum reasonably requires the removal of any Apparatus, then the relevant party must give written notice of that requirement to the other. (2) The parties must use their reasonable endeavours to produce a plan of the work proposed and a plan of the proposed position of the Alternative Apparatus to be provided or constructed. (3) The undertaker must afford to Exolum the necessary facilities and rights for the construction of Alternative Apparatus and subsequently the grant of Alternative Rights in accordance with paragraphs 69 to 70. (4) Any Alternative Apparatus is to be constructed in land owned by the undertaker or in land in respect of which Alternative Rights have been or are guaranteed to be granted to Exolum. The Alternative Apparatus must be constructed in such manner and in such line or situation as may 105Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. be agreed between Exolum and the undertaker or in default of agreement settled by arbitration in accordance with article 43 (arbitration). (5) After the details for the works for Alternative Apparatus to be provided or constructed have been agreed or settled in accordance with article 43 (arbitration), and after the grant to Exolum of any such facilities and rights as are referred to in sub-paragraph (3), Exolum must proceed as soon as reasonably practicable using reasonable endeavours to construct and bring into operation the Alternative Apparatus and subsequently to remove (or if agreed between the parties to allow the undertaker to remove) any redundant Apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule. (6) The following sub-paragraphs (7) and (8) shall only apply if— (a) Exolum fails to comply with its obligations under sub-paragraph (5) to remove any redundant Apparatus; and (b) the undertaker has served notice on Exolum specifying the default; and (c) Exolum has failed to remedy the default within 28 days of the notice being served. (7) In the circumstances set out in sub-paragraph (6), if the undertaker then gives notice in writing to Exolum that it desires itself to remove the redundant Apparatus, that work, instead of being executed by Exolum, must be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of Exolum. (8) Nothing in sub-paragraph (7) shall authorise 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 3000 millimetres of the Apparatus unless that Apparatus is redundant and disconnected from Exolum’s remaining system. Facilities and Rights for Alternative Apparatus 69.—(1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to Exolum facilities and rights for the construction of Alternative Apparatus and the grant of Alternative Rights, 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 Exolum in accordance with this Part of this Schedule or in default of agreement settled by arbitration in accordance with article 43 (arbitration). (2) Alternative Rights must be granted before any Alternative Apparatus is brought into use. (3) The parties agree that the undertaker must use reasonable endeavours to procure the grant of Alternative Rights by way of a 999 year sub-soil lease, substantially in the form of Exolum’s precedent from time to time, as amended by written agreement between the parties acting reasonably, or such other form of agreement as the parties otherwise agree acting reasonably. (4) Nothing in this Part of this Schedule or contained in the Alternative Rights shall require Exolum to divert or remove any Alternative Apparatus. (5) 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 Exolum less favourable on the whole to Exolum 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 Exolum may refer the matter to arbitration in accordance with article 43 (arbitration). 106Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. Retained Apparatus and Alternative Apparatus: protection 70.—(1) Before commencing the execution of any Restricted Works, the undertaker must submit to Exolum a Plan of the works to be executed and any other information that Exolum may reasonably require to allow Exolum to assess the works. (2) No Restricted Works are to be commenced until the Plan to be submitted to Exolum under sub-paragraph (1) has been approved by Exolum (acting reasonably) in writing and are to be carried out only in accordance with the details submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be notified to the undertaker in writing in accordance with sub-paragraph (3) by Exolum. (3) Any approval of Exolum in respect of Restricted Works may be given subject to such reasonable requirements as Exolum may require to be made for— (a) the continuing safety and operational viability of any Apparatus and/or Premises; and (b) the requirement for Exolum to have reasonable access with or without vehicles to inspect, repair, replace, maintain and ensure the continuing safety and operation or viability of any Apparatus; and (c) the requirement for Exolum to be entitled to watch and inspect the execution of Restricted Works at any time, providing such reasonable requirements shall be notified to the undertaker in writing. (4) Where reasonably required by either party, in view of the complexity of any proposed works, timescales, phasing or costs, the parties must with due diligence and good faith negotiate a works agreement for the carrying out of Protective Works or the installation of Alternative Apparatus. (5) If in consequence of the works notified to Exolum by the undertaker under sub-paragraph (1), the circumstances in paragraph 68(1) apply, then the parties must follow the procedure in paragraph 68(1) onwards. (6) Nothing in sub-paragraphs (1) to (6) precludes the undertaker from submitting prior to the commencement of works to protect retained Apparatus or to construct Alternative Apparatus (unless otherwise agreed in writing between the undertaker and Exolum) a new Plan, instead of the Plan previously submitted, in which case the parties must re-run the procedure from sub-paragraph (1) onwards. (7) Where Exolum reasonably requires Protective Works, the parties must use their reasonable endeavours to produce a plan of the work proposed and a plan of the proposed position of any physical features to be provided or constructed. (8) The undertaker must afford to Exolum the necessary facilities and rights for the construction of Protective Works and subsequently the grant of Additional Rights in accordance with paragraph 69. (9) Any Protective Works are to be constructed in land owned by the undertaker or in land in respect of which Additional Rights have been or are guaranteed to be granted to Exolum. The Protective Works must be constructed in such manner and in such line or situation as may be agreed between Exolum and the undertaker or in default of agreement settled by expert determination in accordance with article 43 (arbitration). (10) After the details for the Protective Works to be provided or constructed have been agreed or settled in accordance with article 43 (arbitration), and after the grant to Exolum of any such facilities and rights as are referred to in paragraph 68(3), Exolum must proceed as soon as reasonably practicable using reasonable endeavours to construct and bring into operation the Protective Works. Cathodic protection testing 71.—(1) Where in the reasonable opinion of Exolum or the undertaker— 107Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (a) the Authorised Development might interfere with the cathodic protection forming part of the Apparatus; or (b) any Apparatus might interfere with the proposed or existing cathodic protection forming part of the Authorised Development, Exolum and the undertaker must co-operate in undertaking the tests which they consider reasonably necessary for ascertaining the nature and extent of such interference and measures for providing or preserving cathodic protection. (2) The parties must carry out the works and enter into such agreements as are necessary to implement the measures for providing or preserving cathodic protection. Expenses 72.—(1) Subject to the following provisions of this paragraph, the undertaker must pay to Exolum the reasonable and properly incurred costs and expenses (including reasonable staffing costs if work is carried out in-house) incurred by Exolum in, or in connection with— (a) undertaking its obligations under this Schedule including— (i)the installation, inspection, removal, alteration, testing, or protection of any Apparatus, Alternative Apparatus, and/or Protective Works; (ii)the execution of any other works under this Part of this Schedule; and (iii)the review and assessment of Plans; (b) the watching of and inspecting the execution of the Authorised Development, any Restricted Works and any works undertaken by third parties as a result of Authorised Development (including the assessment of Plans); and (c) imposing reasonable requirements for the protection or alteration of Apparatus affected by the Authorised Development or works as a consequence of the Authorised Development in accordance with paragraph 70(3), together with any administrative costs properly and reasonably incurred by Exolum. (2) There will be no deduction from any sum payable under sub-paragraph (1) as a result of— (a) the placing of apparatus of a better type, greater capacity or of greater dimensions, or at a greater depth than the existing Apparatus, to the extent Exolum has acted reasonably in procuring such Apparatus; (b) the placing of apparatus in substitution of the existing Apparatus that may defer the time for renewal of the existing Apparatus in the ordinary course; or (c) the scrap value (if any) of any Apparatus removed. (3) Upon the submission of proper and reasonable estimates of costs and expenses to be incurred by Exolum, the undertaker must pay Exolum sufficiently in advance to enable Exolum to undertake its obligations under this Schedule in a manner that is neutral to its cash flow provided that in the event that the costs incurred by Exolum are less than the amount paid by the undertaker pursuant to this sub-paragraph then Exolum must, within 35 days of payment being made by Exolum for the costs anticipated in the costs and expenses estimates, repay any overpayment to the undertaker. Damage to property and other losses 73. Subject to paragraph 74 the undertaker must— (a) indemnify Exolum for all loss, damage, liability, costs and expenses suffered or reasonably incurred by Exolum arising out of— (i)the carrying out of works under this Part of this Schedule; 108Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (ii)the carrying out of the Authorised Development; (iii)the use or occupation of land over or in the vicinity of any Apparatus or in the vicinity of any Premises in connection with the carrying out of the Authorised Development; (iv)any injury or damage whatsoever to any property, real or personal, including the property of Exolum; and (v)any matters arising out of or in connection with this Order, (b) indemnify Exolum against any claim made against, or loss suffered by, Exolum as a result of any act or omission committed by the undertaker’s officers, employees, contractors or agents whilst on or in the vicinity of any Apparatus or Premises for the purposes of carrying out any activity authorised by this Order; (c) pay to Exolum in accordance with the provisions of this Part of this Schedule, the cost reasonably incurred by Exolum in making good any damage to the Apparatus (other than Apparatus the repair of which is not reasonably necessary in view of its intended removal or abandonment) arising out of the carrying out of works under this Part of this Schedule and arising out of the carrying out of the Authorised Development; and (d) pay to Exolum the cost reasonably incurred by Exolum in stopping, suspending and restoring the supply through its Apparatus in consequence of the carrying out of works under this Schedule or the carrying out of the Authorised Development, and make reasonable compensation to Exolum for any other expenses, losses, damages, penalty or costs incurred by Exolum by reason or in consequence of any such damage or interruption including all claims by third parties. 74.—(1) Nothing in paragraph 73, imposes any liability on the undertaker with respect to any indirect or consequential loss of any third party (including but not limited to loss of use, revenue, profit, contract, production, increased cost of working or business interruption) arising from any such damage or interruption which is not reasonably foreseeable. (2) The fact that any act or thing may have been done by Exolum on behalf of the undertaker or in accordance with a Plan approved by Exolum or in accordance with any requirement of Exolum or under its supervision shall not, subject to sub-paragraph (4), excuse the undertaker from liability under the provisions of paragraph 73. (3) Nothing in paragraph 73 imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the negligent act, neglect or default of Exolum, its officers, servants, contractors or agents. (4) The undertaker and Exolum must at all times take reasonable steps to prevent and mitigate any loss, damage, liability, claim, cost or expense (whether indemnified or not) which either suffers in connection with this Part of this Schedule. (5) The undertaker warrants that it will use reasonable endeavours to ensure— (a) the information it or any of its employees, agents or contractors provide to Exolum about the Plans or the Authorised Development and on which Exolum relies in the design of and carrying out of any works is accurate; and (b) the undertaker or any of its employees, agents or contractors have exercised all the reasonable skill, care and diligence to be expected of a qualified and experienced member of their respective profession. (6) Exolum must give to the undertaker reasonable notice of any claim or demand to which paragraph 73 applies. 109Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. Insurance 75.—(1) The undertaker must not carry out any Restricted Works unless and until Exolum has confirmed to the undertaker in writing that it is satisfied acting reasonably (but subject to all necessary regulatory constraints) that the undertaker (or its contractor) has procured acceptable professional indemnity insurance and public liability insurance with minimum cover of £25 million per event, with respect to the carrying out of the works. (2) The undertaker must maintain such insurance for the construction period of the Authorised Development from the proposed date of Commencement of the Authorised Development. Co-operation and reasonableness 76.—(1) Where Apparatus is required to be protected, altered, diverted or removed under this Schedule, the undertaker must use its all reasonable endeavours to co-ordinate the execution of any works under this Part of this Schedule— (a) in the interests of safety; (b) in the interest of the efficient and economic execution of both Exolum’s works and the Authorised Development; and (c) taking into account the need to ensure the safe and efficient operation of Apparatus and carrying out of Exolum’s functions. (2) Exolum must use its reasonable endeavours to co-operate with the undertaker for the purposes outlined in sub-paragraph (1). (3) The undertaker and Exolum must act reasonably in respect of any given term of this Part of this Schedule and, in particular, (without prejudice to generality) where any approval, consent or expression of satisfaction is required by this Part of this Schedule it must not be unreasonably withheld or delayed. Emergency circumstances 77.—(1) The undertaker acknowledges that Exolum provides services to His Majesty’s Government, using the Apparatus, which may affect any works to be carried under this Part of this Schedule and the Authorised Development. (2) In the following circumstances, Exolum may on written notice to the undertaker immediately suspend all works that necessitate the stopping or suspending of the supply of product through any Apparatus under this Schedule and Exolum shall not be in breach of its obligations under this Schedule— (a) circumstances in which in the determination of the Government, there subsists a material threat to national security, or a threat or state of hostility or war or other crisis or national emergency (whether or not involving hostility or war); or (b) circumstances in which a request has been received, and a decision to act upon such request has been taken, by the Government for assistance in relation to the occurrence or anticipated occurrence of a major accident, crisis or natural disaster; or (c) circumstances in which a request has been received from or on behalf of NATO, the EU, the UN, the International Energy Agency (or any successor agency thereof) or the government of any other state for support or assistance pursuant to the United Kingdom’s international obligations and a decision to act upon such request has been taken by the Government; or (d) any circumstances identified as such by the COBRA committee of the Government (or any successor committee thereof); or 110Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (e) any situation in connection with which the Government requires fuel capacity, including where the United Kingdom is engaged in any planned or unplanned military operations within the United Kingdom or overseas. (3) The parties agree to act in good faith and in all reasonableness to agree any revisions to any schedule, programme or costs estimate (which shall include costs of demobilising and remobilising of any workforce, and any costs to protect the Apparatus “mid-works”) to account for the suspension. (4) Exolum shall not be liable for any costs, expenses, losses or liabilities the undertaker incurs as a result of the suspension of any activities under sub-paragraphs (1) to (3) or delays caused by it. Dispute resolution 78.—(1) The undertaker and Exolum must use their reasonable endeavours to secure the amicable resolution of any dispute or difference arising between them out of or in connection with this Part of this Schedule in accordance with the following provisions. (2) The undertaker and Exolum must each nominate a representative who must meet to try to resolve the matter. If the matter is not resolved at that level within 10 working days of either the undertaker or Exolum requesting such a meeting (or such longer period as may be agreed between the undertaker and Exolum) the matter may at the request of either the undertaker or Exolum be referred for discussion at a meeting to be attended by a senior executive from each party. (3) If the meeting between senior executives fails to result in a settlement within 20 working days of the date of the request for such a meeting (or if it is not possible to convene a meeting within this period) then, unless otherwise agreed in writing between the undertaker and Exolum, the dispute or difference will be determined by arbitration in accordance with article 43 (arbitration). Miscellaneous 79. No failure or delay by a party to exercise any right or remedy provided under this Part of this Schedule or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy. PART 7 FOR THE PROTECTION OF NATIONAL GRID ELECTRICITY TRANSMISSION PLC AS ELECTRICITY UNDERTAKER Application 80.—(1) For the protection of National Grid Electricity Transmission Plc as referred to in this Part of this Schedule the following provisions have effect, unless otherwise agreed in writing between the undertaker and National Grid Electricity Transmission Plc. (2) Subject to sub-paragraph (3) or to the extent otherwise agreed in writing between the undertaker and National Grid Electricity Transmission Plc, where the benefit of this Order is transferred or granted to another person under article 36 (consent to transfer the benefit of the Order) — (a) any agreement of the type mentioned in sub-paragraph (1) has effect as if it had been made between National Grid Electricity Transmission Plc and the transferee or grantee (as the case may be); and (b) written notice of the transfer or grant must be given to National Grid Electricity Transmission Plc on or before the date of that transfer or grant. 111Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (3) Sub-paragraph (2) does not apply where the benefit of the Order is transferred or granted to National Grid Electricity Transmission Plc (but without prejudice to paragraph 94(3)(b)). Interpretation 81. In this Part of this Schedule— “1991 Act” means the New Roads and Street Works Act 1991; “acceptable credit provider” means a bank or financial institution with a credit rating that is not lower than: (i) “A-” if the rating is assigned by Standard & Poor’s Ratings Group or Fitch Ratings; and “A3” if the rating is assigned by Moody’s Investors Services Inc.; “acceptable insurance” means general third party liability insurance effected and maintained by the undertaker with a combined property damage and bodily injury limit of indemnity of not less than £50,000,000.00 (fifty million pounds) per occurrence or series of occurrences arising out of one event. Such insurance shall be maintained (a) during the construction period of the authorised works; and (b) after the construction period of the authorised works in respect of any use and maintenance of the authorised works by or on behalf of the undertaker which constitute specified works and arranged with an insurer whose security/credit rating meets the same requirements as an “acceptable credit provider”, such insurance shall include (without limitation)— (a) a waiver of subrogation and an indemnity to principal clause in favour of National Grid Electricity Transmission Plc; and (b) pollution liability for third party property damage and third party bodily damage arising from any pollution/contamination event with a (sub)limit of indemnity of not less than £10,000,000.00 (ten million pounds) per occurrence or a series of occurrences arising out of one event or £20,000,000.00 (twenty million pounds) in aggregate; “acceptable security” means either— (a) a parent company guarantee from a parent company in favour of National Grid Electricity Transmission Plc to cover the undertaker’s liability to National Grid Electricity Transmission Plc to a total liability cap of £50,000,000.00 (fifty million pounds) (in a form reasonably satisfactory to National Grid Electricity Transmission Plc and where required by National Grid Electricity Transmission Plc, accompanied with a legal opinion confirming the due capacity and authorisation of the parent company to enter into and be bound by the terms of such guarantee); or (b) a bank bond or letter of credit from an acceptable credit provider in favour of National Grid Electricity Transmission Plc to cover the undertaker’s liability to National Grid Electricity Transmission Plc for an amount of not less than £10,000,000.00 (ten million pounds) per asset per event up to a total liability cap of £50,000,000.00 (fifty million pounds) (in a form reasonably satisfactory to National Grid Electricity Transmission Plc); “alternative apparatus” means appropriate alternative apparatus to the satisfaction of National Grid Electricity Transmission Plc to enable National Grid Electricity Transmission Plc to fulfil its statutory functions in a manner no less efficient than previously; “apparatus” means any electric lines or electrical plant as defined in the Electricity Act 1989(78), belonging to or maintained by National Grid Electricity Transmission Plc together with any replacement apparatus and such other apparatus constructed pursuant to the Order that becomes operational apparatus of National Grid Electricity Transmission Plc 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; (78) 1989 c. 29. 112Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. “authorised works” has the same meaning as is given to the term “authorised development” in article 2(1) 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” and “commencement” in this Part of this Schedule shall include any below ground surveys, monitoring, ground work operations or the receipt and erection of construction plant and equipment; “deed of consent” means a deed of consent, crossing agreement, deed of variation or new deed of grant agreed between the parties acting reasonably in order to vary or replace existing easements, agreements, enactments and other such interests so as to secure land rights and interests as are necessary to carry out, maintain, operate and use the apparatus in a manner consistent with the terms of this Part of this Schedule; “functions” includes powers and duties; “ground mitigation scheme” means a scheme approved by National Grid Electricity Transmission Plc (such approval not to be unreasonably withheld or delayed) setting out the necessary measures (if any) for a ground subsidence event; “ground monitoring scheme” means a scheme for monitoring ground subsidence which sets out the apparatus which is to be subject to such monitoring, the extent of land to be monitored, the manner in which ground levels are to be monitored, the timescales of any monitoring activities and the extent of ground subsidence which, if exceeded, shall require the undertaker to submit for National Grid Electricity Transmission Plc’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; “Incentive Deduction” means any incentive deduction National Grid Electricity Transmission Plc receives under its electricity transmission licence which is caused by an event on its transmission system that causes electricity not to be supplied to a demand customer and which arises as a result of the authorised works; “maintain” and “maintenance” shall include the ability and right to do any of the following in relation to any apparatus or alternative apparatus of National Grid Electricity Transmission Plc: construct, use, repair, alter, inspect, renew or remove the apparatus; “National Grid Electricity Transmission Plc” means National Grid Electricity Transmission Plc (Company Number 2366977) whose registered office is at 1-3 Strand, London, WC2N 5EH or any successor as a licence holder within the meaning of Part 1 of the Electricity Act 1989; “National Grid Connection Works” means any part of Work No 4 as described in Schedule 1 of this Order (authorised development) and shown on sheets 3, 6, 7, 8, 9 and 10 of the works plans; “NGESO” means as defined in the STC; “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 and which shall have been approved by National Grid Electricity Transmission Plc acting reasonably; “specified works” means any of the authorised works or activities undertaken in association with the authorised works which— 113Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (a) will or may be situated over, or within 15 metres measured in any direction of any apparatus the removal of which has not been required by the undertaker under paragraph 90(2) or otherwise; and/or (b) may in any way adversely affect any apparatus the removal of which has not been required by the undertaker under paragraph 90(2) or otherwise; and/or (c) includes any of the activities that are referred to in development near overhead lines EN43-8 and HSE’s guidance note 6 “Avoidance of Danger from Overhead Lines”; “STC” means the System Operator Transmission Owner Code prepared by the electricity Transmission Owners and NGESO as modified from time to time; “STC Claims” means any claim made under the STC against National Grid Electricity Transmission Plc arising out of or in connection with the de-energisation (whereby no electricity can flow to or from the relevant system through the generator or interconnector’s equipment) of a generator or interconnector party solely as a result of the de-energisation of plant and apparatus forming part of National Grid Electricity Transmission Plc’s transmission system which arises as a result of the authorised works; “Transmission Owner” means as defined in the STC; and “undertaker” means the undertaker as defined in article 2(1) of this Order. National Grid Connection Works 82. The undertaker must not carry out the National Grid Connection Works, or any part of it except with the approval of National Grid Electricity Transmission Plc in accordance with paragraph 91. 83.—(1) Before beginning to construct any National Grid Connection Works, or any part of it, the undertaker must submit to National Grid Electricity Transmission Plc plans of the relevant National Grid Connection Works (or part of it) and such further particulars available to it as National Grid Electricity Transmission Plc may reasonably request within 21 days of receipt of the plans. (2) The undertaker must not commence any works to which sub-paragraph (1) applies until National Grid Electricity Transmission Plc has given written approval of the plan so submitted. (3) Any approval of National Grid Electricity Transmission Plc requested under paragraph 90 or sub-paragraph (2)— (a) may be given subject to reasonable conditions; and (b) must not be unreasonably withheld or delayed. (4) Any National Grid Connection Works must not be constructed except in accordance with such plans as may be approved in writing by National Grid Electricity Transmission Plc or as amended from time to time by agreement between the undertaker and National Grid Electricity Transmission Plc. (5) The undertaker will not be required to comply with sub-paragraph (1) where it needs to carry out emergency works as defined in the 1991 Act but in that case it must give to National Grid Electricity Transmission Plc notice as soon as is reasonably practicable and a plan of those works and must comply with sub-paragraphs (2) and (3) insofar as is reasonably practicable in the circumstances. 84. The undertaker must give to National Grid Electricity Transmission Plc not less than 14 days’ notice in writing of its intention to commence construction of any National Grid Connection Works and notice in writing of its completion not later than 7 days after the date on which it is completed and National Grid Electricity Transmission Plc will be entitled by its officer to watch and inspect the construction of such works. 114Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. 85.—(1) If any part of the National Grid Connection Works is constructed otherwise than in accordance with paragraph 83(4) above National Grid Electricity Transmission Plc may by notice in writing identify the extent to which the National Grid Connection Works do not comply with the approved details and request the undertaker at the undertaker’s own expense carry out remedial works so as to comply with the requirements of paragraph 83(4) of this Part of this Schedule or such alternative works as may be agreed with National Grid Electricity Transmission Plc or as otherwise may be agreed between the parties. (2) Subject to sub-paragraph (3), if within a reasonable period, being not less than 28 days beginning with the date when a notice under sub-paragraph (1) is served upon the undertaker, the undertaker has failed to begin taking steps to comply with the requirements of the notice and has not subsequently made reasonably expeditious progress towards their implementation, National Grid Electricity Transmission Plc may execute the works specified in the notice and any reasonable expenditure incurred by National Grid Electricity Transmission Plc in so doing will be recoverable from the undertaker. (3) In the event of any dispute as to whether sub-paragraph (1) is properly applicable to any work in respect of which notice has been served under that sub-paragraph, or as to the reasonableness of any requirement of such a notice, National Grid Electricity Transmission Plc will not, except in the case of an emergency, exercise the powers conferred by sub-paragraph (2) until the dispute has been finally determined in accordance with paragraph 98. On Street Apparatus 86. Except for paragraphs 87, 92, 93 and 94 of this Schedule which will apply in respect of the exercise of all or any powers under the Order affecting the rights and apparatus of National Grid Electricity Transmission Plc, the other provisions of this Schedule do not apply to apparatus in respect of which the relations between the undertaker and National Grid Electricity Transmission Plc are regulated by the provisions of Part 3 of the 1991 Act. Apparatus of National Grid Electricity Transmission Plc in stopped up and temporarily closed streets 87.—(1) Where any street is temporarily closed under article 12 (temporary closure of streets and public rights of way) or article 13 (stopping up of public rights of way), if National Grid Electricity Transmission Plc has any apparatus in the street or accessed via that street National Grid Electricity Transmission Plc has the same rights in respect of that apparatus as it enjoyed immediately before the stopping up or closure and the undertaker must grant to National Grid Electricity Transmission Plc, or procure the granting to National Grid Electricity Transmission Plc of, legal easements reasonably satisfactory to National Grid Electricity Transmission Plc in respect of such apparatus and access to it prior to the stopping up or closure of any such street but nothing in this paragraph affects any right of the undertaker or National Grid Electricity Transmission Plc to require the removal of that apparatus under paragraph 90 or the power of the undertaker, subject to compliance with this sub- paragraph, to carry out works under paragraph 92. (2) Notwithstanding the temporary closure or diversion of any street under the powers of article 12 (temporary closure of streets and public rights of way), National Grid Electricity Transmission Plc is at liberty at all times to take all necessary access across any such temporarily closed 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 closure or diversion was in that street. 115Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. Protective works to buildings 88. The undertaker, in the case of the powers conferred by article 19 (protective works to buildings), must exercise those powers so as not to obstruct or render less convenient the access to any apparatus without the written consent of National Grid Electricity Transmission Plc which must not unreasonably be withheld. Acquisition of land 89.—(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— (a) appropriate or acquire or take temporary possession of any land or apparatus; or (b) appropriate, acquire, extinguish, interfere with or override any easement, other interest or right and/or apparatus of National Grid Electricity Transmission Plc otherwise than by agreement. (2) As a condition of an agreement between the parties in sub-paragraph (1), prior to the carrying out of any part of the authorised works (or in such other timeframe as may be agreed between National Grid Electricity Transmission Plc and the undertaker) that is subject to the requirements of this Part of this Schedule that will cause any conflict with or breach the terms of any easement or other legal or land interest of National Grid Electricity Transmission Plc or affect the provisions of any enactment or agreement regulating the relations between National Grid Electricity Transmission Plc and the undertaker in respect of any apparatus laid or erected in land belonging to or secured by the undertaker, the undertaker must as National Grid Electricity Transmission Plc reasonably requires enter into such deeds of consent upon such terms and conditions as may be agreed between National Grid Electricity Transmission Plc and the undertaker acting reasonably and which must be no less favourable on the whole to National Grid Electricity Transmission Plc unless otherwise agreed by National Grid Electricity Transmission Plc, and it will be the responsibility of the undertaker to procure and/or secure the consent and entering into of such deeds and variations by all other third parties with an interest in the land at that time who are affected by such authorised works. (3) Save where otherwise agreed in writing between National Grid Electricity Transmission Plc and the undertaker, the undertaker and National Grid Electricity Transmission Plc 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 National Grid Electricity Transmission Plc and/or other enactments relied upon by National Grid Electricity Transmission Plc as of right or other use in relation to the apparatus, then the provisions in this Schedule shall prevail. (4) Any agreement or consent granted by National Grid Electricity Transmission Plc under paragraph 91 or any other paragraph of this Part of this Schedule, shall not be taken to constitute agreement under sub-paragraph (1). Removal of apparatus 90.—(1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in or possesses temporarily any land in which any apparatus is placed, that apparatus must not be removed under this Part of this Schedule and any right of National Grid Electricity Transmission Plc to maintain that apparatus in that land must not be extinguished until alternative apparatus has been constructed, and is in operation to the reasonable satisfaction of National Grid Electricity Transmission Plc in accordance with sub-paragraphs (2) to (5). (2) If, for the purpose of executing any works in, on, under or over any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed 116Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. in that land, it must give to National Grid Electricity Transmission Plc advance written notice of that requirement, together with a plan of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order National Grid Electricity Transmission Plc reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), secure any necessary consents for the alternative apparatus and afford to National Grid Electricity Transmission Plc to its satisfaction (taking into account paragraph 91(1) below) the necessary facilities and rights— (a) for the construction of alternative apparatus in other land of or land secured by the undertaker; and (b) subsequently for the maintenance of that apparatus. (3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of or land secured by the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2) in the land in which the alternative apparatus or part of such apparatus is to be constructed, National Grid Electricity Transmission Plc may in its sole discretion, on receipt of a written notice to that effect from the undertaker, take such steps as are reasonable in the circumstances to assist the undertaker to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed save that this obligation shall not extend to the requirement for National Grid Electricity Transmission Plc to use its compulsory purchase powers to this end unless it elects to so do. (4) Any alternative apparatus to be constructed in land of or land secured by the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between National Grid Electricity Transmission Plc and the undertaker. (5) National Grid Electricity Transmission Plc must, after the alternative apparatus to be provided or constructed has been agreed, and subject to a written diversion agreement having been entered into between the parties and the grant to National Grid Electricity Transmission Plc 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. Facilities and rights for alternative apparatus 91.—(1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to or secures for National Grid Electricity Transmission Plc facilities and rights in land for the construction, use, maintenance and protection of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and National Grid Electricity Transmission Plc and must be no less favourable on the whole to National Grid Electricity Transmission Plc than the facilities and rights enjoyed by it in respect of the apparatus to be removed unless otherwise agreed by National Grid Electricity Transmission Plc. (2) If the facilities and rights to be afforded by the undertaker in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are less favourable on the whole to National Grid Electricity Transmission Plc than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject the matter may be referred to arbitration in accordance with paragraph 98 of this Part of this Schedule and the arbitrator must make such provision for the payment of compensation by the undertaker to National Grid Electricity Transmission Plc as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case. 117Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. Retained apparatus: protection 92.—(1) Not less than 56 days before the commencement of any specified works the undertaker must submit to National Grid Electricity Transmission Plc a plan of the works to be executed and seek from National Grid Electricity Transmission Plc details of the underground extent of their electricity assets. (2) In relation to the specified works the plan to be submitted to National Grid Electricity Transmission Plc under sub-paragraph (1) must include a method statement and describe— (a) the exact position of the works; (b) the level at which these are proposed to be constructed or renewed; (c) the manner of their construction or renewal including details of excavation, positioning of plant; (d) the position of all apparatus; (e) by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus; (f) any intended maintenance regimes; (g) an assessment of risks of rise of earth issues; and (h) a ground monitoring scheme, where required. (3) In relation to any works which will or may be situated on, over, under or within 10 metres of any part of the foundations of an electricity tower or between any two or more electricity towers, the plan to be submitted under sub-paragraph (1) must, in addition to the matters set out in sub- paragraph (2), include a method statement describing— (a) details of any cable trench design including route, dimensions, clearance to pylon foundations; (b) demonstration that pylon foundations will not be affected prior to, during and post construction; (c) details of load bearing capacities of trenches; (d) details of any cable installation methodology including access arrangements, jointing bays and backfill methodology; (e) a written management plan for high voltage hazard during construction and ongoing maintenance of any cable route; (f) written details of the operations and maintenance regime for any cable, including frequency and method of access; (g) assessment of earth rise potential if reasonably required by National Grid Electricity Transmission Plc’s engineers; and (h) evidence that trench bearing capacity is to be designed to support overhead line construction traffic of up to and including 26 tonnes in weight. (4) The undertaker must not commence any works to which sub-paragraphs (2) or (3) apply until National Grid Electricity Transmission Plc has given written approval of the plan so submitted. (5) Any approval of National Grid Electricity Transmission Plc required under sub- paragraph (4)— (a) may be given subject to reasonable conditions for any purpose mentioned in sub- paragraphs (6) or (8); and (b) must not be unreasonably withheld or delayed. (6) In relation to any work to which sub-paragraphs (2) or (3) apply, National Grid Electricity Transmission Plc may require such modifications to be made to the plans as may be reasonably 118Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. necessary for the purpose of securing its apparatus against interference or risk of damage, for the provision of protective works or for the purpose of providing or securing proper and convenient means of access to any apparatus. (7) Works executed under sub-paragraphs (2) or (3) must be executed in accordance with the plan, submitted under sub-paragraph (1) or as relevant sub-paragraph (6), as approved or as amended from time to time by agreement between the undertaker and National Grid Electricity Transmission Plc and in accordance with such reasonable requirements as may be made in accordance with sub- paragraphs (6) or (8) by National Grid Electricity Transmission Plc for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and National Grid Electricity Transmission Plc will be entitled to watch and inspect the execution of those works. (8) Where National Grid Electricity Transmission Plc 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 National Grid Electricity Transmission Plc’s satisfaction prior to the commencement of any authorised works for which protective works are required and National Grid Electricity Transmission Plc shall give notice its requirement for such works within 42 days of the date of submission of a plan pursuant to this paragraph (except in an emergency). (9) If National Grid Electricity Transmission Plc in accordance with sub-paragraphs (6) or (8) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, sub-paragraphs (1) to (3) and (6) to (8) apply as if the removal of the apparatus had been required by the undertaker under paragraph 90(2). (10) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of any authorised works, a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph shall apply to and in respect of the new plan. (11) The undertaker will not be required to comply with sub-paragraph (1) where it needs to carry out emergency works as defined in the 1991 Act but in that case it must give to National Grid Electricity Transmission Plc notice as soon as is reasonably practicable and a plan of those works and must comply with sub-paragraphs (6), (7) and (8) insofar as is reasonably practicable in the circumstances and comply with sub-paragraph (11) at all times. (12) At all times when carrying out any works authorised under the Order, the undertaker must comply with National Grid Electricity Transmission Plc’s policies for development near overhead lines EN43-8 and HSE’s guidance note 6 “Avoidance of Danger from Overhead Lines”. Expenses 93.—(1) Save where otherwise agreed in writing between National Grid Electricity Transmission Plc and the undertaker and subject to the following provisions of this paragraph, the undertaker must pay to National Grid Electricity Transmission Plc within 30 days of receipt of an itemised invoice or claim from National Grid Electricity Transmission Plc all charges, costs and expenses reasonably anticipated within the following 3 months or reasonably and properly incurred by National Grid Electricity Transmission Plc in, or in connection with, the inspection, removal, relaying or replacing, alteration or protection of any apparatus or the construction of any new or alternative apparatus which may be required in consequence of the execution of any authorised works including without limitation— (a) any costs reasonably incurred by or compensation properly paid by National Grid Electricity Transmission Plc in connection with the acquisition of rights or the exercise of statutory powers for such apparatus including without limitation all costs incurred by 119Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. National Grid Electricity Transmission Plc as a consequence of National Grid Electricity Transmission Plc— (i)using its own compulsory purchase powers to acquire any necessary rights under paragraph 90(3); or (ii)exercising any compulsory purchase powers in the Order transferred to or benefitting National Grid Electricity Transmission Plc; (b) in connection with the cost of the carrying out of any diversion work or the provision of any alternative apparatus, where no written diversion agreement is otherwise in place; (c) the cutting off of any apparatus from any other apparatus or the making safe of redundant apparatus; (d) the approval of plans; (e) the carrying out of protective works, plus a capitalised sum to cover the cost of maintaining and renewing permanent protective works; and (f) the survey of any land, apparatus or works, the inspection and monitoring of works or the installation or removal of any temporary works reasonably necessary in consequence of the execution of any such works referred to in this Part of this Schedule. (2) There will be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Part of this Schedule and which is not re-used as part of the alternative apparatus, that value being calculated after removal. (3) If in accordance with the provisions of this Part of this Schedule— (a) apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or (b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated, and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with paragraph 98 to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to National Grid Electricity Transmission Plc by virtue of sub- paragraph (1) will be reduced by the amount of that excess save to the extent that it is not possible in the circumstances to obtain the existing type of apparatus at the same capacity and dimensions or place at the existing depth in which case full costs will be borne by the undertaker. (4) For the purposes of sub-paragraph (3)— (a) an extension of apparatus to a length greater than the length of existing apparatus will not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and (b) where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole will be treated as if it also had been agreed or had been so determined. (5) Any amount which apart from this sub-paragraph would be payable to National Grid Electricity Transmission Plc in respect of works by virtue of sub-paragraph (1) will, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on National Grid Electricity Transmission Plc any financial benefit 120Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit. Indemnity 94.—(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any works authorised by this Part of this Schedule or in consequence of the construction, use, maintenance or failure of any of the 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 him) in the course of carrying out such works, including without limitation works carried out by the undertaker under this Part of this Schedule or any subsidence resulting from any of these works, any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of the authorised works) or property of National Grid Electricity Transmission Plc, or there is any interruption in any service provided, or in the supply of any goods, by National Grid Electricity Transmission Plc, or National Grid Electricity Transmission Plc becomes liable to pay any amount to any third party, the undertaker will— (a) bear and pay on demand accompanied by an invoice or claim from National Grid Electricity Transmission Plc the cost reasonably and properly incurred by National Grid Electricity Transmission Plc in making good such damage or restoring the supply; and (b) indemnify National Grid Electricity Transmission Plc for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from National Grid Electricity Transmission Plc, by reason or in consequence of any such damage or interruption or National Grid Electricity Transmission Plc becoming liable to any third party and including STC Claims or an Incentive Deduction other than arising from any default of National Grid Electricity Transmission Plc. (2) The fact that any act or thing may have been done by National Grid Electricity Transmission Plc on behalf of the undertaker or in accordance with a plan approved by National Grid Electricity Transmission Plc or in accordance with any requirement of National Grid Electricity Transmission Plc or under its supervision will not (unless sub-paragraph (3) applies), excuse the undertaker from liability under the provisions of sub-paragraph (1) unless National Grid Electricity Transmission Plc fails to carry out and execute the works properly with due care and attention and in a skilful and workman like manner or in a manner that does not accord with the approved plan. (3) Nothing in sub-paragraph (1) 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 National Grid Electricity Transmission Plc, its officers, servants, contractors or agents; (b) any authorised works and/or any other works authorised by this Part of this Schedule carried out by National Grid Electricity Transmission Plc as an assignee, transferee or lessee of the undertaker with the benefit of the Order pursuant to section 156 of the Planning Act 2008 or article 36 (consent to transfer the benefit of the Order) subject to the proviso that once such works become apparatus (“new apparatus”), any authorised works yet to be executed and not falling within this sub-paragraph 3(b) will be subject to the full terms of this Part of this Schedule including this paragraph 94; and/or (c) any indirect or consequential loss of any third party (including but not limited to loss of use, revenue, profit, contract, production, increased cost of working or business interruption) arising from any such damage or interruption, which is not reasonably foreseeable. (4) National Grid Electricity Transmission Plc must give the undertaker reasonable notice of any such third party claim or demand and no settlement, admission of liability or compromise must, unless payment is required in connection with a statutory compensation scheme, be made without first consulting the undertaker and considering their representations. 121Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (5) National Grid Electricity Transmission Plc must, in respect of any matter covered by the indemnity given by the undertaker in this paragraph, at all times act reasonably and in the same manner as it would as if settling third party claims on its own behalf from its own funds. (6) National Grid Electricity Transmission Plc must use its reasonable endeavours to mitigate and to minimise any costs, expenses, loss, demands, and penalties to which the indemnity under this paragraph applies where it is within National Grid Electricity Transmission Plc’s reasonable ability and control to do so and which expressly excludes any obligation to mitigate liability arising from third parties which is outside of National Grid Electricity Transmission Plc’s control and if reasonably requested to do so by the undertaker National Grid Electricity Transmission Plc must provide an explanation of how the claim has been minimised, where relevant. (7) Not to commence construction (and not to permit the commencement of such construction) of the authorised works on any land owned by National Grid Electricity Transmission Plc or in respect of which National Grid Electricity Transmission Plc has an easement or wayleave for its apparatus or any other interest or to carry out any works within 15 metres of National Grid Electricity Transmission Plc’s apparatus until the following conditions are satisfied— (a) unless and until National Grid Electricity Transmission Plc is satisfied acting reasonably (but subject to all necessary regulatory constraints) that the undertaker has first provided the acceptable security (and provided evidence that it shall maintain such acceptable security for the construction period of the authorised works referred to in sub-paragraph (7) from the proposed date of commencement of construction of those works) and National Grid Electricity Transmission Plc has confirmed the same to the undertaker in writing; and (b) unless and until National Grid Electricity Transmission Plc is satisfied acting reasonably (but subject to all necessary regulatory constraints) that the undertaker has procured acceptable insurance (and provided evidence to National Grid Electricity Transmission Plc that it shall maintain such acceptable insurance for the construction period of the authorised works referred to in sub-paragraph (7) from the proposed date of commencement of construction of those works) and National Grid Electricity Transmission Plc has confirmed the same in writing to the undertaker. (8) In the event that the undertaker fails to comply with sub-paragraph (7) of this Part of this Schedule, nothing in this Part of this Schedule shall prevent National Grid Electricity Transmission Plc from seeking injunctive relief (or any other equitable remedy) in any court of competent jurisdiction. Enactments and agreements 95. Save to the extent provided for to the contrary elsewhere in this Part of this Schedule or by agreement in writing between National Grid Electricity Transmission Plc and the undertaker nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and National Grid Electricity Transmission Plc 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 96.—(1) Where in consequence of the proposed construction of any part of the authorised works, the undertaker or National Grid Electricity Transmission Plc requires the removal of apparatus under paragraph 90(2) or National Grid Electricity Transmission Plc makes requirements for the protection or alteration of apparatus under paragraph 92, the undertaker shall use its best endeavours to co- ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised works and taking into account the need to ensure the safe and efficient operation of National Grid Electricity Transmission Plc’s undertaking and National Grid Electricity Transmission Plc shall use its best endeavours to co-operate with the undertaker for that purpose. 122Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (2) For the avoidance of doubt whenever National Grid Electricity Transmission Plc’s consent, agreement or approval is required in relation to plans, documents or other information submitted by the undertaker or the taking of action by the undertaker, it must not be unreasonably withheld or delayed. Access 97. If in consequence of the agreement reached in accordance with paragraph 89(1) 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 National Grid Electricity Transmission Plc to maintain or use the apparatus no less effectively than was possible before such obstruction. Arbitration 98. Save for differences or disputes arising under paragraphs 90(2), 90(4), 91(1) and 92 any difference or dispute arising between the undertaker and National Grid Electricity Transmission under this Part of this Schedule must, unless otherwise agreed in writing between the undertaker and National Grid Electricity Transmission Plc, be determined by arbitration in accordance with article 43 (arbitration). Notices 99. Notwithstanding article 45 (service of notices), any plans submitted to National Grid Electricity Transmission Plc by the undertaker pursuant to paragraph 92 must be submitted using the LSBUD system (https://lsbud.co.uk/) or to such other address as National Grid Electricity Transmission Plc may from time to time appoint instead for that purpose and notify to the undertaker in writing. PART 8 FOR THE PROTECTION OF NORTHERN POWERGRID (YORKSHIRE) PLC 100. For the protection of Northern Powergrid (Yorkshire) Plc the following provisions have effect, unless otherwise agreed in writing between the undertaker and Northern Powergrid. 101. In this Part of this Schedule— “1991 Act” means the New Roads and Street Works Act 1991; “alternative apparatus” means alternative apparatus adequate to enable Northern Powergrid to fulfil its statutory functions in a manner not less efficient than previously; “apparatus” means apparatus (as defined in article 2(1) (interpretation) of the Order) belonging to or maintained by Northern Powergrid and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus; “authorised works” means so much of the works authorised by this Order which affect existing Northern Powergrid’s apparatus within the Order limits; “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; “Order” means the Fenwick Solar Farm Order 2026; “Order limits” means as defined in article 2(1) of the Order; 123Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. “Northern Powergrid” means Northern Powergrid (Yorkshire) Plc (Company Number 04112320) whose registered office is at Lloyds Court, 78 Grey Street, Newcastle upon Tyne, NE1 6AF; and “plan” includes all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe the works to be executed and must include any measures proposed by the undertaker to ensure the grant of sufficient land or rights in land necessary to mitigate the impacts of the works on the apparatus or Northern Powergrid’s undertaking within the Order limits. 102. This Part of this Schedule does not apply to apparatus in respect of which the relations between the undertaker and Northern Powergrid are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act. 103. Regardless of the temporary prohibition or restriction of use of streets under the powers conferred by article 12 (temporary closure of streets and public rights of way), the undertaker must not prevent Northern Powergrid from taking 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. 104. Regardless of any provision in the Order or anything shown on the land plans, or contained in the book of reference, the undertaker must not acquire any apparatus, or override any easement or other interest of Northern Powergrid otherwise than by agreement with Northern Powergrid, such agreement not to be unreasonably withheld or delayed. 105. Regardless of any provision in the Order or anything shown on the land plans or contained in the book of reference, the undertaker must not interfere with any communications cables or equipment used by Northern Powergrid in relation to its apparatus or acquire or interfere with rights or interests supporting the use, maintenance or renewal of such equipment including any easements other than by agreement of Northern Powergrid (such agreement not to be unreasonably withheld or delayed) and having regard to Northern Powergrid’s existing and known future requirements for such land or interests. 106.—(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 Northern Powergrid’s apparatus is relocated or diverted, that apparatus must not be removed under this Part of this Schedule, and any right of Northern Powergrid 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 pursuant to a completed easement, or other form of written agreement in a form reasonably acceptable to Northern Powergrid which shall include rights to retain and subsequently maintain the apparatus being replaced or diverted for the lifetime of that alternative apparatus, all to the reasonable satisfaction of Northern Powergrid in accordance with sub-paragraphs (2) to (5). (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 Northern Powergrid 42 days’ 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 Northern Powergrid reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to Northern Powergrid 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. 124Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (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— (a) the undertaker must in the first instance use reasonable endeavours to acquire through voluntary negotiations all necessary land interests or rights as Northern Powergrid may reasonably require for the relocation and construction of alternative apparatus and must use reasonable endeavours to procure through voluntary negotiations all necessary rights to access and maintain Northern Powergrid’s apparatus and alternative apparatus thereafter the terms of such access and maintenance to be agreed by Northern Powergrid (acting reasonably); (b) in the event that the undertaker is not able to procure the necessary land interest or rights referred to in the sub-paragraph 106(3)(a) Northern Powergrid must, on receipt of a written notice to that effect from the undertaker and subject to paragraph 109, as soon as reasonably practicable use reasonable endeavours to procure 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 Northern Powergrid to use its compulsory purchase powers to this end; and (c) in the event that neither the undertaker nor Northern Powergrid can acquire all necessary land interest or rights which Northern Powergrid may reasonably require for the relocation and construction of alternative apparatus pursuant to paragraph 106(3)(a) and/or (b), the undertaker shall use its compulsory purchase powers under the Order (where available) unless otherwise agreed by arbitration. (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 Northern Powergrid and the undertaker or in default of agreement settled by arbitration in accordance with article 43 (arbitration) of the Order. (5) Northern Powergrid must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 43 (arbitration) of the Order, and after the grant to Northern Powergrid 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. 107.—(1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to Northern Powergrid 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 Northern Powergrid or in default of agreement settled by arbitration in accordance with article 43 (arbitration) of the Order. (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 Northern Powergrid 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 Northern Powergrid as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case. 108.—(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 the Order that are near to (including conducting any activities whether intentionally or unintentionally, through for example ground or machinery 125Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. collapse, which may affect Northern Powergrid’s apparatus or encroach on safety distances to live equipment) or will or may affect, any apparatus the removal of which has not been required by the undertaker under paragraph 106(2), the undertaker must submit to Northern Powergrid a plan, section and description of the works to be executed and any such information as Northern Powergrid reasonably requires relating to those works. (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 Northern Powergrid for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and Northern Powergrid is entitled to watch and inspect the execution of those works. (3) Any requirements made by Northern Powergrid under sub-paragraph (2) must be made within a period of 35 days beginning with the date on which a plan, section and description under sub- paragraph (1) are submitted to it. (4) If Northern Powergrid in accordance with sub-paragraph (2) 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, sub-paragraphs (1) to (3) apply as if the removal of the apparatus had been required by the undertaker under paragraph 106. (5) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 35 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 Northern Powergrid 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. 109.—(1) Subject to the following provisions of this paragraph, the undertaker must repay to Northern Powergrid within 51 days of receipt of an itemised invoice or claim the reasonable and proper expenses, costs or charges incurred by Northern Powergrid 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 paragraphs 106(2) and 106(3) including within limitation— (a) any costs reasonably incurred or compensation properly paid in connection with the acquisition of rights or the exercise of statutory powers for such apparatus including without limitation in the event that it is agreed Northern Powergrid elects to use compulsory purchase powers to acquire any necessary rights under paragraph 106(3) all costs reasonably incurred as a result of such action; (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 reasonable cost of adequately maintaining and renewing permanent protective works; and (f) the survey of any land, apparatus or works, the inspection and monitoring of works or the installation or removal of any temporary works reasonably necessary in consequence of the execution of any such works referred to in this Part of this Schedule. (2) Where any payment falls due pursuant to paragraph 109(1), Northern Powergrid must— 126Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (a) provide an itemised invoice or reasonable expenses claim to the undertaker; (b) provide “reminder letters” to the undertaker for payment to be made within the 50 days on the following days after the invoice or reasonable expenses claim to the undertaker— (i)15 days (“reminder letter 1”); (ii)29 days (“reminder letter 2”); (iii)43 days (“reminder letter 3”); (c) be entitled to commence debt proceedings to recover any unpaid itemised invoice or reasonable expenses claim after 51 days of receipt of the same where payment has not been made. (3) 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 and for the avoidance of doubt, if the apparatus removed under the provisions of this Part of this Schedule has nil value, no sum will be deducted from the amount payable under sub- paragraph (1) 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 43 (arbitration) of the Order 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 Northern Powergrid by virtue of sub-paragraph (1) is to be reduced by the amount of that excess, save where it is not possible on account of reasonable project time limits communicated in a reasonable timeframe to the undertaker and/or supply issues to obtain the existing type of operations, capacity, dimensions or place at the existing depth in which case full costs shall 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 where such extension is required in consequence of the execution of any such works as are referred to in paragraph 106(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. 110.—(1) Subject to sub-paragraph (2) and (3), if by reason or in consequence of the construction of any of the works referred to in paragraph 106(2), or in consequence of the 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 it) 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 those works) or property of Northern Powergrid, or there is any interruption in any service provided by Northern Powergrid, or Northern Powergrid becomes 127Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. liable to pay any amount to a third party as a consequence of any default, negligence or omission by the undertaker in carrying out the authorised works, the undertaker must— (a) bear and pay the cost reasonably incurred by Northern Powergrid in making good such damage or restoring the supply; and (b) indemnify Northern Powergrid for other reasonable expenses, loss, damages, penalty, proceedings, claims or costs incurred by or recovered from Northern Powergrid, by reason or in consequence of any such damage or interruption or Northern Powergrid becoming liable to any third party. (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 Northern Powergrid, its officers, employees, servants, contractors or agents. (3) Northern Powergrid 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. (4) Northern Powergrid 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 110 applies. If requested to do so by the undertaker, Northern Powergrid must provide an explanation of how the claim has been minimised or details to substantiate any cost or compensation claimed pursuant to sub-paragraph (1). The undertaker shall only be liable under this paragraph 110 for claims reasonably incurred by Northern Powergrid. (5) Subject to sub-paragraphs (3) and (4), the fact that any act or thing may have been done by Northern Powergrid on behalf of the undertaker or in accordance with a plan approved by Northern Powergrid or in accordance with any requirement of Northern Powergrid as a consequence of the authorised development or under its supervision will not (unless sub-paragraph (2) applies), excuse the undertaker from liability under the provisions of this sub-paragraph (5) where the undertaker 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 materially accord with the approved plan or as otherwise agreed between the undertaker and Northern Powergrid. 111. Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and Northern Powergrid in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which the Order is made. 112. Any difference under the provisions of this Part of this Schedule, unless otherwise agreed is to be referred to and settled by arbitration in accordance with article 43 (arbitration) of the Order. 113. Where in consequence of the proposed construction of any of the authorised development, the undertaker or Northern Powergrid requires the removal of apparatus under paragraph 106 or otherwise or Northern Powergrid makes requirements for the protection or alteration of apparatus under paragraph 108, the undertaker shall use reasonable endeavours to co-ordinate the execution of the works in the interests of safety and the need to ensure the safe and efficient operation of Northern Powergrid’s apparatus taking into account the undertaker’s desire for the efficient and economic execution of the authorised development and the undertaker and Northern Powergrid shall use reasonable endeavours to co-operate with each other for those purposes. 114. If in consequence of an agreement reached in accordance with paragraph 103 or the powers granted under this Order the access to any apparatus or alternative apparatus is materially obstructed, the undertaker shall provide such alternative means of access to such apparatus or alternative apparatus as will enable Northern Powergrid to maintain or use the said apparatus no less effectively than was possible before such obstruction. 128Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. 115. The plans submitted to Northern Powergrid by the undertaker pursuant to this Part of this Schedule must be sent to Northern Powergrid at property@northernpowergrid.com or such other address as Northern Powergrid may from time to time appoint instead for that purpose and notify to the undertaker in writing. 116. Prior to carrying out any works within the Order limits, Northern Powergrid must give written notice of the proposed works to the undertaker, such notice to include full details of the location of the proposed works, their anticipated duration, access arrangements, depths of the works, and any other information that may impact upon the works consented by the Order. 117. Where practicable, the Undertaker and Northern Powergrid will make reasonable efforts to liaise and co-operate in respect of information that is relevant to the safe and efficient construction, operation and maintenance of the authorised development. Such liaison shall be carried out where any works are— (a) within 15m of any above ground apparatus; or (b) within 15m of any apparatus and are to a depth of between 0-4m below ground level. SCHEDULE 15 Article 46 PROCEDURE FOR DISCHARGE OF REQUIREMENTS Interpretation 1. In this Schedule— “requirement consultee” means any body or authority named in a requirement as a body to be consulted by the relevant planning authority in discharging that requirement; “start date” means the date of the notification given by the Secretary of State under paragraph 4(2)(c); and “working day” means any day other than a Saturday, Sunday or English bank or public holiday. Applications made under requirement 2.—(1) Where an application has been made to the relevant planning authority for any consent, agreement or approval required by a requirement, the undertaker must also simultaneously submit a copy of that application to any requirement consultee. (2) Where an application has been made to the relevant planning authority for any consent, agreement or approval required by a requirement the relevant planning authority must give notice to the undertaker of its decision on the application within a period of eight weeks beginning with the later of— (a) the day immediately following that on which the application is received by the authority; (b) the day immediately following that on which further information has been supplied by the undertaker under paragraph 3; or (c) such longer period that is agreed in writing by the undertaker and the relevant planning authority. (3) Subject to paragraph 4, in the event that the relevant planning authority does not determine an application within the period set out in sub-paragraph (2), the relevant planning authority is to be taken to have granted all parts of the application (without any condition or qualification) at the end of that period. 129Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (4) Any application made to the relevant planning authority pursuant to sub-paragraph (2) must include a statement to confirm whether it is likely that the subject matter of the application will give rise to any materially new or materially different environmental effects compared to those in the environmental statement and if it will then it must be accompanied by information setting out what those effects are. (5) Where an application has been made to the relevant planning authority for any consent, agreement or approval required by a requirement included in this Order and the relevant planning authority does not determine the application within the period set out in sub-paragraph (2) and is accompanied by a report pursuant to sub-paragraph (4) which states that the subject matter of such application is likely to give rise to any materially new or materially different environmental effects compared to those in the environmental statement then the application is to be taken to have been refused by the relevant planning authority at the end of that period. Further information and consultation 3.—(1) In relation to any application to which this Schedule applies, the relevant planning authority may request such reasonable further information from the undertaker as is necessary to enable it to consider the application. (2) In the event that the relevant planning authority considers such further information to be necessary and the provision governing or requiring the application does not specify that consultation with a requirement consultee is required, the relevant planning authority must, within 20 working days of receipt of the application, notify the undertaker in writing specifying the further information required. (3) If the provision governing or requiring the application specifies that consultation with a requirement consultee is required, the relevant planning authority must issue the consultation to the requirement consultee within 10 working days of receipt of the application, and must notify the undertaker in writing specifying any further information the relevant planning authority considers necessary or that is requested by the requirement consultee within 10 working days of receipt of such a request and in any event within 20 working days of receipt of the application (or such other period as is agreed in writing between the undertaker and the relevant planning authority). (4) In the event that the relevant planning authority does not give notification as specified in sub- paragraph (2) or (3) it is deemed to have sufficient information to consider the application and is not thereafter entitled to request further information without the prior agreement of the undertaker. (5) Where further information is requested under this paragraph in relation to part only of an application, that part is to be treated as separate from the remainder of the application for the purposes of calculating time periods in paragraph 2 and paragraph 3. Appeals 4.—(1) The undertaker may appeal in the event that— (a) the relevant planning authority refuses an application for any consent, agreement or approval required by a requirement included in this Order or grants it subject to conditions; (b) the relevant planning authority is deemed to have refused an application pursuant to paragraph 2(5); (c) on receipt of a request for further information pursuant to paragraph 3 the undertaker considers that either the whole or part of the specified information requested by the relevant planning authority is not necessary for consideration of the application; or (d) on receipt of any further information requested, the relevant planning authority notifies the undertaker that the information provided is inadequate and requests additional information which the undertaker considers is not necessary for consideration of the application. 130Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (2) The steps to be followed in the appeal process are as follows— (a) any appeal by the undertaker must be made within 30 working days of the date of the notice of the decision or determination, or (where no determination has been made) the expiry of the time period set out in paragraph (2), giving rise to the appeal referred to in sub-paragraph (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 relevant planning authority and any requirement consultee; (c) as soon as is practicable after receiving the appeal documentation, the Secretary of State must appoint a person to consider 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 the attention of the appointed person should be sent; (d) the discharging authority and any consultee (if applicable) must submit their written representations together with any other representations to the appointed person in respect of the appeal within 14 days of the start date and must ensure that copies of their written representations and any other representations as sent to the appointed person are sent to each other and to the applicant on the day on which they are submitted to the appointed person; the undertaker may make any counter-submissions to the appointed person within 10 working days of receipt of written representations pursuant to sub-paragraph (d); (e) the appointed person must make their decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable and in any event within 30 working days of the deadline for the receipt of counter-submissions pursuant to sub-paragraph (e); and (f) the appointment of the person pursuant to sub-paragraph (c) may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State. (3) In the event that the appointed person considers that further information is necessary to enable the appointed person to consider the appeal they must, within five working days of the appointed person’s appointment, notify the appeal parties in writing specifying the further information required. (4) Any further information required pursuant to sub-paragraph (3) must be provided by the relevant party to the appointed person and the other appeal parties on the date specified by the appointed person (the “specified date”), and the appointed person must notify the appeal parties of the revised timetable for the appeal on or before that day. The revised timetable for the appeal must require submission of written representations to the appointed person within 10 working days of the specified date, but otherwise the process and time limits set out in sub-paragraphs (d) to (f) of sub- paragraph (2) apply. (5) The appointed person may— (a) allow or dismiss the appeal; or (b) reverse or vary any part of the decision of the relevant planning authority (whether the appeal relates to that part of it or not), and may deal with the application as if it had been made to them in the first instance. (6) The appointed person may proceed to a decision on an appeal taking into account only such written representations as have been sent within the relevant time limits. (7) The appointed person may proceed to a decision even though no written representations have been made within the relevant time limits, if it appears to them that there is sufficient material to enable a decision to be made on the merits of the case. (8) The decision of the appointed person on an appeal is to be final and binding on the parties, unless proceedings are brought by a claim for judicial review. 131Document Generated: 2026-03-11 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (9) If an approval is given by the appointed person pursuant to this Schedule, it is to be deemed to be an approval for the purpose of Schedule 2 (requirements) as if it had been given by the relevant planning authority. The relevant planning authority may confirm any determination given by the appointed person in identical form in writing but a failure to give such confirmation (or a failure to give it in identical form) is not to be taken to affect or invalidate the effect of the appointed person’s determination. (10) Save where a direction is given pursuant to sub-paragraph (11) requiring the costs of the appointed person to be paid by the relevant planning authority, the reasonable costs of the appointed person must be met by the undertaker. (11) On application by the relevant planning authority or the undertaker, the appointed person may give directions as to the costs of the appeal parties and as to the parties by whom the costs of the appeal are to be paid. In considering whether to make any such direction and the terms on which it is to be made, the appointed person must have regard to advice on planning appeals and award costs published in Planning Practice Guidance: Appeals (March 2014) or any circular or guidance which may from time to time replace it. Fees 5.—(1) Where an application is made to the relevant planning authority for written consent, agreement or approval in respect of a requirement, or any other consent or approval under the articles of the Order, the applicant shall pay the costs in accordance with the agreement entered into by the undertaker and City of Doncaster Council on 20 August 2025, or any subsequent replacement agreement as to costs. EXPLANATORY NOTE (This note is not part of the Order) This Order authorises Fenwick Solar Project Limited (company number 13705886) (referred to in this Order as the undertaker) to construct, operate, maintain and decommission a ground mounted solar photovoltaic generating station with a gross electrical output capacity over 50 megawatts and associated development. The Order would permit the undertaker to acquire, compulsorily or by agreement, land and rights in land and to use land for this purpose. A copy of the Order plans and the book of reference mentioned in the Order and certified in accordance with article 41 (certification of plans and documents, etc) of this Order may be inspected free of charge during working hours at City of Doncaster Council at Civic Building, Waterdale, Doncaster, DN1 3BU. 132