The East Midlands Gateway Rail Freight Interchange and Highway Order 2016

(1) Area	(2) Private Means of Access
District of North West Leicestershire	The private means of access hatched turquoise and marked AA-AB on the access and rights of way plans (Document 2.3E).
District of North West Leicestershire	The private means of access hatched turquoise and marked AA-AC on the access and rights of way plans (Document 2.3E).
District of North West Leicestershire	The private means of access hatched turquoise and marked AD on the access and rights of way plans (Document 2.3E).
District of North West Leicestershire	The private means of access hatched turquoise and marked AE on the access and rights of way plans (Document 2.3E).
District of North West Leicestershire	The private means of access hatched turquoise and marked AN on the access and rights of way plans (Document 2.3E).
District of North West Leicestershire	The private means of access hatched turquoise and marked AP on the access and rights of way plans (Document 2.3E).
District of North West Leicestershire	The private means of access hatched turquoise and marked AQ on the access and rights of way plans (Document 2.3E).
District of North West Leicestershire	The private means of access hatched turquoise and marked AS on the access and rights of way plans (Document 2.3F).
District of North West Leicestershire	The private means of access hatched turquoise and marked AT on the access and rights of way plans (Document 2.3F).
District of North West Leicestershire	The private means of access hatched turquoise and marked AV on the access and rights of way plans (Document 2.3F).
District of North West Leicestershire	The private means of access hatched turquoise and marked AW on the access and rights of way plans (Document 2.3F).
District of North West Leicestershire	The private means of access hatched turquoise and marked AX on the access and rights of way plans (Document 2.3F).
District of North West Leicestershire	The private means of access hatched turquoise and marked AY on the access and rights of way plans (Document 2.3F).
District of North West Leicestershire	The private means of access hatched turquoise and marked BD on the access and rights of way plans (Document 2.3B).

SCHEDULE 7 — CLASSIFICATION OF ROADS

PART 1 — NEW AND DIVERTED ROADS

(1) Area	(2) Extent of Street	(3) Classification	(4) Classes of Traffic	(5) Relevant Highway Authority
In the District of North West Leicestershire	The length of road shown coloured light blue and between the points 2 and 3 on the highway classifications plans (Document 2.5A).	Special Road	Class I and Class II	Highways England
In the District of North West Leicestershire	The length of road shown coloured light blue and between the points 4 and 5 on the highway classifications plans (Document 2.5A).	Special Road	Class I and Class II	Highways England
In the District of North West Leicestershire	The length of road shown coloured light blue and between the points 6 and 7 on the highway classifications plans (Document 2.5A).	Special Road	Class I and Class II	Highways England
In the District of North West Leicestershire	The length of road shown coloured green and between the points 8 and 9 on the highway classifications plans (Document 2.5A).	Trunk Road	All purpose	Highways England
In the District of North West Leicestershire	The length of road shown coloured green and between the points 10 and 11 on the highway classifications plans (Document 2.5A).	Trunk Road	All purpose	Highways England
In the District of North West Leicestershire	The length of road shown coloured green and between the points 12 and 13 on the highway classifications plans (Document 2.5A).	Trunk Road	All purpose	Highways England
In the District of North West Leicestershire	The length of road shown coloured green and between the points 14, 15, 16 and 17 on the highway classifications plans (Document 2.5B).	Trunk Road	All purpose	Highways England
In the District of North West Leicestershire	The length of road shown coloured green and between the points 16 and 19 on the highway classifications plans (Document 2.5B).	Trunk Road	All purpose	Highways England
In the District of North West Leicestershire	The length of road shown coloured green and between the points 15 and 18 on the highway classifications plans (Document 2.3B).	Trunk Road	All purpose	Highways England
In the District of North West Leicestershire	The length of road shown coloured green and between the points 30, 18, 19 and 29 on the highway classifications plans (Document 2.5B).	Trunk Road	All purpose	Highways England
In the District of North West Leicestershire	The length of road shown coloured green and between the points 18, 37 and 19 on the highway classifications plans (Document 2.5B).	Trunk Road	All purpose	Highways England
In the District of North West Leicestershire	The length of road shown coloured green and between the points 37 and 38 on the highway classifications plans (Document 2.5B).	Principal	All purpose	Leicestershire County Council
In the District of North West Leicestershire	The length of road shown coloured green and following a circular route around points 38 to 39 and returning to 38 on the highway classifications plans (Document 2.5B).	Principal	All purpose	Leicestershire County Council
In the District of North West Leicestershire	The length of road shown coloured pink and between the points 33 and 34 on the highway classifications plans (Document 2.3B).	Classified	All purpose	Leicestershire County Council
In the District of North West Leicestershire	The length of road shown coloured pink and between the points 35 and 36 on the highway classifications plans (Document 2.5B).	Classified	All purpose	Leicestershire County Council
In the District of North West Leicestershire	The length of road shown coloured pink and between the points 43 and 44 on the highway classifications plans (Document 2.3B).	Classified	All purpose	Leicestershire County Council
In the District of North West Leicestershire	The length of road shown coloured brown and between the points 23 and 24 on the highway classifications plans (Document 2.5A).	Unclassified	All purpose	Leicestershire County Council
In the District of North West Leicestershire	The length of road shown coloured brown and between the points 25 and 26 on the highway classifications plans (Document 2.5A).	Unclassified	All purpose	Leicestershire County Council
In the District of North West Leicestershire	The length of road shown coloured brown and between the points 27 and 28 on the highway classifications plans (Document 2.5B).	Unclassified	All purpose	Leicestershire County Council
In the District of North West Leicestershire	The length of road shown coloured brown and between points 41 and 42 on the highway classifications plans (Document 2.5A).	Unclassified	All purpose	Leicestershire County Council

PART 2 — EXISTING ROADS

(1) Area	(2) Extent of Street	(3) (i) Current Classification (ii) Highway Authority	(4) Event determining change of classification	(5) Proposed Classification	(6) Classes of Traffic	(7) Highway Authority
In the District of North West Leicestershire	The length of street shown coloured dark blue and between the points 1 and 2 on the highway classifications plans (Document 2.5A).	(i) All Purpose Trunk Road (ii) The Secretary of State for Transport	Opening of new road shown coloured light blue between points 2 and 3 as shown on the highway classifications plans (Document 2.5A).	Special Road	Class I and Class II	Highways England
In the District of North West Leicestershire	The length of street shown coloured red and between the points 20 and 21 on the highway classifications plans (Document 2.5A).	(i) Special Road (ii) The Secretary of State for Transport	Stopping up of M1 southbound slip road within area viii shown by red and white hatching on the access and rights of way plans (Document 2.3C).	Trunk Road	All Purpose	Highways England
In the District of North West Leicestershire	The length of street shown coloured orange and between the points 22 and 23 on the highway classifications plans (Document 2.5A).	(i) All Purpose Trunk Road (ii) The Secretary of State for Transport	Opening of new roads shown coloured green between points 8-9, 10-11 and 12-13 as shown on the highway classifications plans (Document 2.5A).	Unclassified Road	All Purpose	Leicestershire County Council
In the District of North West Leicestershire	The length of street shown coloured orange and between points 25 and 40 on the highway classifications plans (Document 2.5A).	(i) All purpose Trunk Road (ii) The Secretary of State for Transport	Opening of new roads shown coloured green between points 8-9, 10-11 and 12-13 as shown on the highway classifications plans (Document 2.5A).	Unclassified Road	All Purpose	Leicestershire County Council
In the District of North West Leicestershire	The length of street shown coloured dark green and between the points 31 and 32 on the highway classifications plans (Document 2.5B).	(i) Classified All Purpose Road (ii) Leicestershire County Council	Opening of new road shown coloured pink between points 35-36 as shown on the highway classifications plans (Document 2.5B).	Unclassified Road	All Purpose	Leicestershire County Council

SCHEDULE 8 — SPEED LIMITS

PART 1 — EXISTING ORDERS

(1) Statutory Instrument Title	(2) S.I. Number	(3) Changes	(4) Event
The A50 Trunk Road (Derby Southern Bypass) (Derestriction) Order 1998	1998 No. 378	In the Schedule, omit paragraph (x) and substitute— x the eastbound carriageway of the A50 from a point 600 metres west of the A6/A50 Aston Interchange overbridge to a point 138 metres west of the centre point of the M1 Junction 24A underbridge, and the westbound carriageway of the A50 from a point 410 metres north of its roundabout junction with the A453 (M1 Junction 24) to a point 600 metres west of the A6/A50 Aston Interchange overbridge .	Opening of the new road shown coloured green between points 8-9, 10-11 and 12-13 as shown on the highway classifications plans (Document 2.5A).
The A453 and A50 Trunk Roads (M1 Junction 24, Kegworth, Leicestershire) (40 and 50 Miles Per Hour Speed Limit and Derestriction) Order 2015	2015 No. 1072	In article 2, omit the definition of “the link road”. Omit article 3. In article 4(b), omit “120 metres north of its junction with Church Street”, and substitute “410 metres north of its junction with the roundabout”. Omit articles 4(c), 5 and 7(a).	Opening of the new road shown coloured green between points 8-9, 10-11 and 12-13 as shown on the highway classifications plans (Document 2.5A).

PART 2 — ROADS SUBJECT TO 30MPH SPEED LIMIT

(1) Location	(2) Length
Main Street, Lockington	Shown coloured brown between points marked H and J as shown on the speed limit plans (Document 2.7A).

PART 3 — ROADS SUBJECT TO 50MPH SPEED LIMIT

(1) Location	(2) Description
A50 eastbound	From a point 138 metres west of the centre point of the M1 underbridge at Junction 24A to its roundabout junction with the A453 (M1 Junction 24) as shown coloured green between points marked B and C as shown on the speed limit plans (Document 2.7A).
Lockington local access road	Shown coloured orange between points F and G as shown on the speed limit plans (Document 2.7A).
A453 southbound	From a point 190 metres south of the circulatory carriageway at M1 Junction 24 to a point 43 metres south of the circulatory carriageway at the junction between the A453 and the East Midlands Gateway Strategic Rail Freight Interchange access road; shown coloured green between points K, L, N and O as shown on the speed limit plans (Document 2.7B).
A453 northbound	From a point 122 metres south of the circulatory carriageway at the junction between the A453 and the East Midlands Gateway Strategic Rail Freight Interchange access road to a point 345m south of the circulatory carriageway at M1 Junction 24; shown coloured green between points P, Q, R and S as shown on the speed limit plans (Document 2.7B).
A453 signalised roundabout	The circulatory carriageway at the junction between the A453 and the East Midlands Gateway Strategic Rail Freight Interchange to a point 25 metres east of that junction; shown coloured green between points N and Q and R and L as shown on the speed limit plans (Document 2.7B).
A6 Kegworth Bypass	From the circulatory carriageway at the junction between the A453 and the East Midlands Gateway Strategic Rail Freight Interchange to a point 25 metres east of that junction; shown coloured green between points N and M, and L and M as shown on the speed limit plans (Document 2.7B).
A6 Kegworth Bypass	Shown coloured orange between points M, T and U as shown on the speed limit plans (Document 2.7B).
C8211 Ashby Road	Shown coloured orange between points T and V as shown on the speed limit plans (Document 2.7B).
A6 London Road	Shown coloured orange forming a circular route between points W, X and returning to W as shown on the speed limit plans (Document 2.7B).
A6 London Road	Shown coloured orange between points X and Y as shown on the speed limit plans (Document 2.7B).
M1 motorway southbound diverge slip road at Junction 24	Between the M1 motorway merge slip road overbridge and its junction with the A50; shown coloured light blue between points Z and AA as shown on the speed limit plans (Document 2.7A).

SCHEDULE 9 — AMENDMENTS TO EXISTING ORDERS

(1) Statutory Instrument/ Order Title	(2) Statutory Instrument Number if applicable	(3) Changes	(4) Event
The Various Trunk Roads (Prohibition of Waiting) (Clearways) Order 1963	1963 No. 1172	(77) is to read “Between a point 60 metres north west of its junction with C8207 Side Ley to a point where it meets with the roundabout at M1 Junction 24”.	Opening of the new road shown coloured green between points 37 and 38 as shown on the highway classifications plans (Document 2.5B).
The North East of Birmingham-Nottingham A453 Trunk Road (Prohibition of Waiting) (Clearways) Order 1974	1974 No. 1663	To be revoked in its entirety.	Opening of the A453 signalised roundabout shown coloured green between the points marked 15-16-19-18 and returning to 15 as shown on the highway classifications plans (Document 2.5B).
The A50 Trunk Road (Derby Southern Bypass) (Prohibition of Right Turns and U-Turns) Order 1998	1998 No. 377	To be revoked in its entirety.	Stopping up of Church Street as shown marked xvii on the access and rights of way plans (Document 2.3C) shown by red and white hatching.
The A50 Trunk Road (Southbound carriageway between M1 Junctions 24 and 24A, Leicestershire) (Prohibition of Entry in Layby) Order 2005	2005 No. 3067	To be revoked in its entirety.	Removal of the lay-by referred to in the Order.
The A50 Trunk Road (Church Street, Lockington, Leicestershire) (Prohibition of Traffic Movements) Order 2006	2006 No. 1144	To be revoked in its entirety.	Stopping up of Church Street as shown marked xviii on the access and rights of way plans (Document 2.3C) shown by red and white hatching.
The Leicestershire County Council (Prohibition of Commercial Vehicles Over 7.5 Tonnes) (Various Parishes) (Western Division) Order 1990 (Amendment No.6) (Parishes of Castle Donington, Isley Cum Langley, Breedon on the Hill, Swannington, Long Whatton, Belton, Osgathorpe, Worthington, Coleorton, Lockington and Hemington and Hathern) Order 1994		In Schedule 2 after “the A6 Parishes of Hathern, Long Whatton and Kegworth (from its junction with the B5234, Parish of Hathern, to its junction with the A453” insert “east of the M1 motorway, between M1 Junction 23A and M1 Junction 24”. In Schedule 3 replace all references to “A6” with “A50”.	(i) Opening of the new road shown coloured green between points 37-38 as shown on the highway classifications plans (Document 2.5B). (ii) Opening of the new roads shown coloured green between points 8-9, 10-11 and 12-13 as shown on the highway classifications plans (Document 2.5A).

SCHEDULE 10 — CLEARWAYS AND NO WAITING

PART 1 — CLEARWAYS

(1) Location	(2) Description	(3) Prohibition of waiting on verges	(4) Event
The roundabout at M1 Junction 24	The circulatory carriageway at the roundabout junction of the A453, A50, A6 and the slip roads leading to and from the M1 Motorway at Junction 24, including all the dedicated filter lanes and segregated left turn lanes at that roundabout; as shown between points i and ii, and from point iii returning to point iii, along the centrelines shown red on the traffic regulation plans (Document 2.6A).	No	Opening of the A453 signalised roundabout shown coloured green between points 15-16-19-18 and returning to 15 as shown on the highway classifications plans (Document 2.5B).
A453	From the circulatory carriageway at roundabout at M1 Junction 24 to the circulatory carriageway at the junction between the A453 and the East Midlands Gateway Strategic Rail Freight Interchange; as shown between points iv and v along the centreline shown red on the traffic regulation plans (Document 2.6A and 2.6B).	No	Opening of the A453 signalised roundabout shown coloured green between points 15-16-19-18 and returning to 15 as shown on the highway classifications plans (Document 2.5B).
The roundabout junction between the A453 and the East Midlands Gateway Strategic Rail Freight Interchange	The circulatory carriageway at the roundabout junction of the A453 and the East Midlands Gateway Strategic Rail Freight Interchange; as shown from point vi returning to point vi along the centreline shown green on the traffic regulation plans (Document 2.6B).	Yes	Opening to traffic of the length of road described in columns (1) and (2).
A453	From the circulatory carriageway at the junction between the A453 and the East Midlands Gateway Strategic Rail Freight Interchange, to a point 492 metres south of that junction; as shown between points vii and viii along the centreline shown green on the traffic regulation plans (Document 2.6B).	Yes	Opening of the A453 signalised roundabout shown coloured green between points 15-16-19-18 and returning to 15 as shown on the highway classifications plans (Document 2.5B).
A6 Kegworth Bypass	Between points ix and x along the centreline shown light blue on the traffic regulation plans (Document 2.6B).	No	Opening to traffic of the length of road described in columns (1) and (2).
The roundabout between the A6 London Road and A6 Kegworth Bypass	From point xii returning to point xii along the centreline shown light blue on the traffic regulation plans (Document 2.6B).	No	Opening to traffic of the length of road described in columns (1) and (2).

PART 2 — NO WAITING AT ANY TIME

(1) Location	(2) Length	(3) Event
Lockington local access road	Between points xiii and xiv along the centreline shown orange on the traffic regulation plans (Document 2.6A).	Opening to traffic of the length of road described in columns (1) and (2).
Church Street	(i) Between points xv, xvi and xvii along the centreline shown orange on the traffic regulation plans (Document 2.6A); and (ii) Between points xvi and xvii along the centreline shown orange on the traffic regulation plans (Document 2.6A).	Opening to traffic of the length of road described in columns (1) and (2).
C8211	(i) Between points xix, xx and xxi along the centreline shown orange on the traffic regulation plans (Document 2.6B). (ii)Between points xx and xxii along the centreline shown orange on the traffic regulation plans (Document 2.6B).	Opening of the new road shown coloured green between points 37-38 as shown on the highway classifications plans (Document 2.5B).

SCHEDULE 11 — MOTOR VEHICLE RESTRICTIONS

PART 1 — MOTOR VEHICLE ACCESS ONLY RESTRICTIONS

(1) Location	(2) Length
Warren Lane	Between points 13 and 14 along the centreline shown coloured red on the traffic regulation plans (Document 2.6C).

PART 2 — ONE WAY STREETS

(1) Location	(2) Length	(3) Direction
Warren Lane	From point 15 to point 16 along the centreline shown coloured green on the traffic regulation plans (Document 2.6C).	South to North

PART 3 — PROHIBITION OF ENTRY TO ABNORMAL LOADS LAYBY

(1) Location	(2) Point of Entry
Lay-by within the roundabout at M1 Junction 24 defined with a blue line on the traffic regulation plans (Document 2.6C)	The junctions between the lay-by and the circulatory carriageway at M1 Junction 24; as shown at points 17 or 18 along the centreline shown coloured dark blue on the traffic regulation plans (Document 2.6C).

PART 4 — BUSES AND CYCLISTS ONLY

(1) Location	(2) Length
C8211 Ashby Road	Between points 19 and 20 along the centreline shown coloured light blue on the traffic regulation plans (Document 2.6D).

SCHEDULE 12 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

(1) Area	(2) Number of land shown on land plan	(3) Purpose for which temporary possession may be taken	(4) Relevant part of the authorised development
District of North West Leicestershire	1/1, 1/7, 1/8	Alteration to existing railway line to facilitate connection to the rail freight interchange.	Works No. 1
District of North West Leicestershire	1/2, 1/3	Diversion of footpath L83	Works No. 1
District of North West Leicestershire	1/6, 3/3, 3/8, 3/9, 3/10, 3/14	Alterations to existing highway	Works No. 8
District of North West Leicestershire	2/15, 2/16, 2/22	Temporary construction access	Works No. 7
District of North West Leicestershire	2/21	Diversion of footpath L73	Works No. 10
District of North West Leicestershire	3/6	Temporary stock piling area for topsoil and subsoil material	Works No. 7
District of North West Leicestershire	4/4, 5/1, 5/2	Alteration to emergency access to East Midlands Airport	Works No. 6
District of North West Leicestershire	5/7	Stopping up of footpath L45	Works No. 8
District of North West Leicestershire	5/11, 6/7	Temporary construction compounds	Works No. 11
District of North West Leicestershire	5/12, 5/16, 5/18, 5/20, 5/21 and 6/5	Removal of existing hedgerows and amending ground levels	Works No. 11
District of North West Leicestershire	5/13, 5/14, 5/15, 5/17	Stopping up of footpath L45A	Works No. 11
District of North West Leicestershire	6/4	Stopping up of footpath L64	Works No. 11
District of North West Leicestershire	6/6, 6/8	Construction of a farm track	Works No. 11

SCHEDULE 13 — LAND TO WHICH POWERS TO EXTINGUISH RIGHTS DO NOT APPLY

(1) Area	(2) Plot of land shown on Land Plan	(3) Relevant part of Authorised Development
District of North West Leicestershire	2/8	Works No. 12
District of North West Leicestershire	2/9	Works No. 8
District of North West Leicestershire	2/20	Works No. 10
District of North West Leicestershire	2/25	Works No. 8
District of North West Leicestershire	2/38	Works No. 8

SCHEDULE 14 — MODIFICATIONS OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

Compensation enactments

1

The enactments for the time being in force with respect to compensation for the compulsory purchase of land apply, with the necessary modifications as respects compensation, in the case of a compulsory acquisition under this Order of a right by the creation of a new right as they apply as respects compensation on the compulsory purchase of land and interests in land.

2

• (1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973⁴⁰ has effect subject to the modifications set out in sub-paragraphs (2) and (3).

• (2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 of the 1965 Act as substituted by paragraph 4—

• (a) for “land is acquired or taken” substitute “a right over land is purchased”; and

• (b) for “acquired or taken from him” substitute “over which the right is exercisable”.

• (3) In section 58(1)⁴¹ (determination of material detriment where part of house etc. proposed for compulsory acquisition), as it applies to determinations under section 8 of the 1965 Act as substituted by paragraph 5, substitute—

(1) In determining under section 8(1) or 34(2) of the Compulsory Purchase Act 1965, or section 166(2) of the Town and Country Planning Act 1990 whether— (a) a right over land consisting of a house, building or manufactory can be taken without material detriment or damage to the house, building or manufactory; or (b) a right over land consisting of a park or garden belonging to a house can be taken without seriously affecting the amenity or convenience of the house, the Upper Tribunal must take into account not only the effect of the acquisition of the right but also the use to be made of the right proposed to be acquired, and, in a case where the right is proposed to be acquired for works or other purposes extending to other land, the effect of the whole of the works and the use to be made of the other land.

Application of the 1965 Act

3

• (1) The 1965 Act has effect with the modifications necessary to make it apply to the compulsory acquisition under this Order of a right by the creation of a new right as it applies to the compulsory acquisition under this Order of land, so that, in appropriate contexts, references in that Act to land are 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

• (b) the land over which the right is or is to be exercisable.

• (2) Without limitation on the scope of sub-paragraph (1), Part 1 of the 1965 Act applies in relation to the compulsory acquisition under this Order of a right by the creation of a new right with the modifications specified in the following provisions of this Schedule.

4

For section 7 of the 1965 Act (measure of compensation) 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 is depreciated by the acquisition of the right but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.

5

• (1) For section 8 of the 1965 Act (provisions as to divided land) substitute—

(8) the East Midlands Gateway Rail Freight Interchange and Highway Order 2016⁴², in relation to that person, ceases to authorise the purchase of the right and be deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of such a park or garden, the house to which it belongs, and the notice is deemed to have been served in respect of that interest on such date as the tribunal directs. (1) Where in consequence of the service on a person under section 5 of this Act of a notice to treat in respect of a right over land consisting of a house, building or manufactory or of a park or garden belonging to a house (“the relevant land”)— (a) a question of disputed compensation in respect of the purchase of the right would apart from this section fall to be determined by the Upper Tribunal (“the tribunal”); and (b) before the tribunal has determined that question the tribunal is satisfied that the person has an interest in the whole of the relevant land and is able and willing to sell that land and— (i) where that land consists of a house, building or manufactory, that the right cannot be purchased without material detriment to that land; or (ii) where that land consists of such a park or garden, that the right cannot be purchased without seriously affecting the amenity or convenience of the house to which that land belongs, (2) Any question as to the extent of the land in which the Order is deemed to authorise the purchase of an interest by virtue of subsection (1) of this section is determined by the tribunal. (3) Where in consequence of a determination of the tribunal that it is satisfied as mentioned in subsection (1) of this section the Order is deemed by virtue of that subsection to authorise the purchase of an interest in land, the acquiring authority may, at any time within the period of 6 weeks beginning with the date of the determination, withdraw the notice to treat in consequence of which the determination was made; but nothing in this subsection prejudices any other power of the authority to withdraw the notice.

6

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 so as 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 is vested absolutely in the acquiring authority.

7

Section 11 (powers of entry) of the 1965 Act⁴³ is modified so as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right (which is deemed for this purpose to have been created on the date of service of the notice); and sections 12⁴⁴ (penalty for unauthorised entry) and 13⁴⁵ (entry on warrant in the event of obstruction) of the 1965 Act are modified correspondingly.

8

Section 20 of the 1965 Act⁴⁶ (protection for interests of tenants at will, etc.) 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 in question.

9

Section 22 of the 1965 Act (interests omitted from purchase) is modified so 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, subject to compliance with that section as respects compensation.

SCHEDULE 15 — FOR THE PROTECTION OF NATIONAL GRID

Application

1

For the protection of National Grid the following provisions, unless otherwise agreed in writing between the undertaker and National Grid, have effect.

Interpretation

2

In this Schedule—

• “alternative apparatus” means appropriate alternative apparatus to the satisfaction of National Grid to enable it to fulfil its statutory functions in a manner no less efficient than previously;

• “apparatus” means—in the case of electricity, electric lines or electrical plant as defined in the Electricity Act 1989⁴⁷, belonging to or maintained by National Grid Electricity Plc for the purposes of electricity supply; andin the case of a gas, any mains, pipes or other apparatus belonging to or maintained by a National Grid Gas Plc for the purposes of gas supply;

• “functions” includes powers and duties;

• “in”, in a context referring to apparatus or alternative apparatus in land, includes a reference to apparatus or alternative apparatus under, over, across, along or upon such land;

• “maintain” and “maintenance” include the ability and right to do any of the following in relation to any apparatus or alternative apparatus of National Grid including construct, use, repair, alter, inspect, renew or remove the apparatus;

• “National Grid” means National Grid Gas Plc (company number 2006000) and National Grid Electricity Transmission Plc (company number 2366977), both registered at 1-3 Strand, London WC2N 5EH); and

• “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.

3

This Schedule does not apply to apparatus in respect of which the relations between the undertaker and National Grid are regulated by the provisions of Part 3 of the 1991 Act.

Apparatus of National Grid in stopped up streets

4

• (1) Where any street is stopped up under article 11 (stopping up of streets), and any apparatus is in the street or accessed via that street, National Grid is entitled to the same rights in respect of such apparatus as it enjoyed immediately before the stopping up and the undertaker must grant to National Grid legal easements reasonably satisfactory to National Grid in respect of such apparatus and access to it prior to the stopping up of any such street.

• (2) Regardless of the temporary stopping up or diversion of any street under the powers of article 13 (temporary stopping up of streets), National Grid is at liberty at all times to take all necessary access across any such stopped up street and to execute and do all such works and things in, upon or under any such street as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the stopping up or diversion was in that street.

Acquisition of land

5

Regardless of any provision in this Order or anything shown on the land plans or contained in the book of reference, the undertaker must not acquire any land interest or apparatus, or override any easement or other interest, of National Grid otherwise than by agreement.

Removal of apparatus

6

• (1) If, in the exercise of the agreement reached in accordance with sub-paragraph (5) or in any other authorised manner, the undertaker acquires any interest in any land in which any apparatus is placed, that apparatus must not be removed, and any right of National Grid to maintain that apparatus in that land must not be extinguished, until alternative apparatus has been constructed, and is in operation to the reasonable satisfaction of National Grid in accordance with sub-paragraphs (2) to (5) inclusive.

• (2) If, for the purpose of executing any works in, on, under or over any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, it must give to National Grid 56 days’ advance written notice of that requirement, together with a plan of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order National Grid reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to National Grid to its satisfaction (taking into account paragraph 7(1)) the necessary facilities and rights for—

• (a) the construction of alternative apparatus in other land of 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 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, on receipt of a written notice to that effect from the undertaker, must take such steps as are reasonable in the circumstances in an endeavour to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed save that this obligation must not extend to the requirement for National Grid to use its compulsory purchase powers to this end unless it elects to so do.

• (4) Any alternative apparatus to be constructed in land of the undertaker under this Schedule must be constructed in such manner and in such line or situation as may be agreed between National Grid and the undertaker.

• (5) National Grid must after the alternative apparatus to be provided or constructed has been agreed, and subject to the grant to the 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 Schedule.

• (6) For the avoidance of doubt this Schedule applies to apparatus the removal of which is covered by article 32 (apparatus and rights of statutory undertakers in stopped up streets).

Facilities and rights for alternative apparatus

7

• (1) Where, in accordance with the provisions of this Schedule, the undertaker affords to National Grid facilities and rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities and rights are to be granted upon such terms and conditions as may be agreed between the undertaker and National Grid and must be no less favourable on the whole to National Grid than the facilities and rights enjoyed by it in respect of the apparatus to be removed unless agreed by National Grid.

• (2) If the facilities and rights to be afforded by the undertaker and agreed with National Grid under sub-paragraph (1) in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are less favourable on the whole to National Grid than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject then the matter must be determined by arbitration in accordance with article 41 (arbitration) and, the arbitrator must make such provision for the payment of compensation by the undertaker to National Grid as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

Retained apparatus: protection for gas undertakers

8

• (1) In this paragraph only, apparatus means apparatus belonging to or maintained by National Grid Gas Plc for the purpose of gas supply and National Grid means National Grid Gas Plc.

• (2) Not less than 56 days before the commencement of any authorised works authorised by 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) or otherwise, the undertaker must submit to National Grid a plan of such works.

• (3) In relation to works which will or may be situated on, over, under or within 15 metres measured in any direction of any apparatus, or (wherever situated) impose any load directly upon any apparatus or involve embankment works within 15 metres of any apparatus, the plan to be submitted to National Grid under sub-paragraph (2) must be detailed including a method statement and describing—

• (a) the exact position of the works;

• (b) the level at which these are proposed to be constructed or renewed;

• (c) the manner of their construction or renewal including details of excavation, positioning of plant etc;

• (d) the position of all apparatus;

• (e) by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus; and

• (f) intended maintenance regimes.

• (4) The undertaker must not commence any works to which sub-paragraph (3) applies until National Grid has given written approval of the plan so submitted.

• (5) Any approval of National Grid required under sub-paragraph (4)—

• (a) may be given subject to reasonable conditions for any purpose mentioned in sub-paragraph (6) or (8); and

• (b) must not be unreasonably withheld.

• (6) In relation to a work to which sub-paragraph (3) applies, National Grid may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing its system against interference or risk of damage or for the purpose of providing or securing proper and convenient means of access to any apparatus.

• (7) Works to which sub-paragraph (3) applies must be executed only in accordance with the plan, submitted under sub-paragraph (2) or as relevant sub-paragraph (10), as amended from time to time by agreement between the undertaker and National Grid and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (6) or (8) by National Grid for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and National Grid is entitled to watch and inspect the execution of those works.

• (8) Where National Grid requires any protective works to be carried out either by itself or by the undertaker (whether of a temporary or permanent nature) such protective works must be carried out to National Grid’s satisfaction prior to the commencement of any relevant part of the authorised development and National Grid must give 56 days’ notice of such works from the date of submission of a plan in line with sub-paragraph (2) or (10) (except in an emergency).

• (9) If National Grid in accordance with sub-paragraph (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 (2) to (4) and (6) to (8) apply as if the removal of the apparatus had been required by the undertaker under paragraph 6(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 works, a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan.

• (11) The undertaker is not required to comply with sub-paragraph (2) where it needs to carry out emergency works as defined in the 1991 Act but in that case it must give to National Grid notice as soon as is reasonably practicable and a plan of those works and must—

• (a) comply with sub-paragraph (3) and (4) in so far as is reasonably practicable in the circumstances; and

• (b) comply with sub-paragraph (12) at all times.

• (12) At all times when carrying out any works authorised under the Order the undertaker must comply with National Grid’s policies for safe working in proximity to gas apparatus “Specification for safe working in the vicinity of National Grid, High pressure Gas pipelines and associated installation requirements for third parties T/SP/SSW22” and HSE’s “HSG47 Avoiding Danger from underground services”.

Retained apparatus: protection for electricity undertakers

9

• (1) In this paragraph only, “apparatus” means apparatus belonging to or maintained by National Grid Electricity Transmission Plc for the purpose of electricity supply and “National Grid” means National Grid Electricity Transmission Plc.

• (2) Not less than 56 days before the commencement of any authorised works authorised by 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) or otherwise, the undertaker must submit to National Grid a plan of such works and seek from National Grid details of the underground extent of its electricity tower foundations.

• (3) In relation to works which will or may be situated on, over, under or within—

• (a) 15 metres measured in any direction of any apparatus; or

• (b) involve embankment works within 15 metres of any apparatus,

the plan to be submitted to National Grid under sub-paragraph (2) must be detailed including a method statement and describing—

• (i) the exact position of the works;

• (ii) the level at which these are proposed to be constructed or renewed;

• (iii) the manner of their construction or renewal including details of excavation, positioning of plant;

• (iv) the position of all apparatus;

• (v) by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus; and

• (vi) details of a scheme for monitoring ground subsidence if required by National Grid.

• (4) 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 to National Grid under sub-paragraph (2) must be detailed including a method statement and describing in addition to the matters set out in sub-paragraph (3)—

• (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 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 the cable route;

• (f) written details of the operations and maintenance regime for the cable, including frequency and method of access;

• (g) assessment of earth rise potential if reasonably required by National Grid’s engineers; and

• (h) evidence that trench bearing capacity is to be designed to 26 tonnes to take the weight of overhead lines (OHL) construction traffic.

• (5) The undertaker must not commence any works to which sub-paragraph (3) or (4) apply until National Grid has given written approval of the plan so submitted.

• (6) Any approval of the undertaker required under sub-paragraph (3) or (4)—

• (a) may be given subject to reasonable conditions for any purpose mentioned in sub-paragraph (7) or 9); and

• (b) must not be unreasonably withheld.

• (7) In relation to a work to which sub-paragraphs (3) or (4) apply, National Grid may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing its system against interference or risk of damage or for the purpose of providing or securing proper and convenient means of access to any apparatus.

• (8) Works to which sub-paragraphs (3) and (4) apply must be executed only in accordance with the plan submitted under sub-paragraph (2) or as relevant sub-paragraph (11), as amended from time to time by agreement between the undertaker and National Grid and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (7) or (9) by National Grid for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and National Grid is entitled to watch and inspect the execution of those works.

• (9) Where National Grid require any protective works to be carried out either by itself or by the undertaker (whether of a temporary or permanent nature) such protective works must be carried out to National Grid’s satisfaction prior to the commencement of any relevant part of the authorised development and National Grid must give 56 days’ notice of such works from the date of submission of a plan in line with sub-paragraphs (2) or (11) (except in an emergency).

• (10) If National Grid in accordance with sub-paragraphs (7) or (9) 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 (2) to (4) and (7) to (9) apply as if the removal of the apparatus had been required by the undertaker under paragraph 6(2).

• (11) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of any works, a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan.

• (12) The undertaker is not be required to comply with sub-paragraph (2) where it needs to carry out emergency works as defined in the 1991 Act but in that case it must give to the undertaker in question notice as soon as is reasonably practicable and a plan of those works and must—

• (a) comply with sub-paragraphs (3), (4) and (5) insofar as is reasonably practicable in the circumstances; and

• (b) comply with sub-paragraph (13) at all times.

• (13) At all times when carrying out any works authorised under the Order comply with National Grid’s policies for development near overhead lines EN43-8 and HSE’s guidance note 6 “Avoidance of Danger from Overhead Lines”.

Expenses

10

• (1) Subject to the following provisions of this paragraph, the undertaker must pay to National Grid on demand all charges, costs and expenses reasonably incurred by it in, or in connection with, the inspection, removal, relaying or replacing, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any such works as are referred to in this Schedule including without 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 National Grid elects to use compulsory powers to acquire any necessary rights under paragraph 6(3) all costs 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 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 Schedule.

• (2) The value of any apparatus removed under the provisions of this Schedule or article 32 (apparatus and rights of statutory undertakers in stopped up streets), and which is not re-used as part of the alternative apparatus, must be deducted from any sum payable under sub-paragraph (1), that value being calculated after removal.

• (3) If in accordance with the provisions of this 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 settled by arbitration in accordance with article 41 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to National Grid by virtue of sub-paragraph (1) is to be reduced by the amount of that excess except where it is not possible in the circumstances to obtain the existing type of operations, capacity, dimensions or place at the existing depth in which case full costs must be borne by the undertaker.

• (4) For the purposes of sub-paragraph (3)—

• (a) an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and

• (b) where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole 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 National Grid 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 National Grid 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.

Indemnity

11

• (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any works authorised by this Schedule or in consequence of the construction, use, maintenance or failure of any of the authorised development by or on behalf of the undertaker or in consequence of any act or default of the undertaker (or any person employed or authorised by the undertaker) in the course of carrying out such works, including without limitation works carried out by the undertaker under 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 National Grid, or there is any interruption in any service provided, or in the supply of any goods, by National Grid, or National Grid becomes liable to pay any amount to any third party, the undertaker must—

• (a) bear and pay on demand the cost reasonably incurred by National Grid in making good such damage or restoring the supply; and

• (b) indemnify National Grid for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from National Grid, by reason or in consequence of any such damage or interruption or National Grid becoming liable to any third party as aforesaid.

• (2) The fact that any act or thing may have been done by National Grid on behalf of the undertaker or in accordance with a plan approved by an undertaker or in accordance with any requirement of an undertaker or under its supervision does not (subject to sub-paragraph (3)), excuse the undertaker from liability under the provisions of sub-paragraph (1).

• (3) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the neglect or default of National Grid, its officers, servants, contractors or agents.

• (4) National Grid must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise is to be made without first consulting the undertaker and considering their representations.

Ground subsidence monitoring scheme in respect of National Grid’s apparatus

12

• (1) No works within the distances set out in National Grid’s specification for ‘Safe Working in the Vicinity of National Grid High Pressure Gas Pipelines and Associated Installations – Requirements for Third Parties’ (SSW22) which are capable of interfering with or risking damage to National Grid’s apparatus or alternative apparatus are to commence until a scheme for monitoring ground subsidence (referred to in this paragraph as “the monitoring scheme”) has been submitted to and approved by National Grid, such approval not to be unreasonably withheld or delayed.

• (2) The ground subsidence monitoring scheme described in sub-paragraph (1) must set out—

• (a) the apparatus which is to be subject to such monitoring;

• (b) the extent of land to be monitored;

• (c) the manner in which ground levels are to be monitored;

• (d) the timescales of any monitoring activities; and

• (e) the extent of ground subsidence which, if exceeded, would require the undertaker to submit for National Grid’s approval a ground subsidence mitigation scheme in respect of such subsidence in accordance with sub-paragraph (3).

• (3) The monitoring scheme required by sub-paragraphs (1) and (2) must be submitted at least 56 days prior to the commencement of any works authorised by this Order or comprised within the authorised development. Any requirements of National Grid must be notified within 28 days of receipt of the monitoring scheme. Thereafter the monitoring scheme must be implemented as approved, unless otherwise agreed in writing with National Grid.

• (4) As soon as reasonably practicable after any ground subsidence identified by the monitoring activities set out in the monitoring scheme has exceeded the level described in sub-paragraph (2)(e), a scheme setting out necessary mitigation measures (if any) for such ground subsidence (referred to in this paragraph as a “mitigation scheme”) must be submitted to National Grid for approval, such approval not to be unreasonably withheld or delayed; and any mitigation scheme must be implemented as approved, unless otherwise agreed in writing with National Grid except that National Grid retains the right to carry out any further necessary protective works for the safeguarding of its apparatus and can recover any such costs in line with paragraph 10 (expenses).

Enactments and agreements

13

Nothing in this Schedule affects the provisions of any enactment or agreement regulating the relations between National Grid and the undertaker in respect of any apparatus laid or erected in land belonging to National Grid on the date on which this Order is made.

Co-operation

14

Where in consequence of the proposed construction of any of the authorised development, the undertaker or National Grid requires the removal of apparatus under paragraph 6(2) or National Grid makes requirements for the protection or alteration of apparatus under paragraphs 8 or 9 the undertaker must use its reasonable endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe and efficient operation of National Grid’s undertaking and National Grid must use its reasonable endeavours to co-operate with the undertaker for that purpose.

Access

15

If in consequence of the agreement reached in accordance with paragraph 5 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 would enable National Grid to maintain or use the apparatus no less effectively than was possible before such obstruction.

Arbitration

16

Any difference or dispute arising between the undertaker and National Grid under this Schedule must, unless otherwise agreed in writing between the undertaker and National Grid, be determined by arbitration in accordance with article 41 (arbitration).

SCHEDULE 16 — FOR THE PROTECTION OF THE AIRPORT OPERATOR

1

The undertaker must carry out the authorised development in accordance with the management strategy for the safeguarding of East Midlands Airport.

2

The undertaker must produce a Bird Management Plan to minimise any bird hazard impact (as envisaged in section 4 of the management strategy for the safeguarding of East Midlands Airport) covering the design, construction and operation of the main site and obtain approval to the Bird Management Plan from the airport operator prior to the submission of any details for approval under requirement 7 (detailed design approval). The approval of the Bird Management Plan must not be unreasonably withheld or delayed. The approved Bird Management Plan must then be complied with at all times.

3

The prior approval of the airport operator must be obtained by the undertaker for the installation and operation of any radio communication or radio survey equipment (including any such temporary equipment) within the authorised development, such approval not to be unreasonably withheld or delayed.

4

The undertaker must not obstruct or in any way interfere with the existing access (including all emergency access routes) to the airport, other than in accordance with the carrying out of the authorised development, without the prior consent of the airport operator such consent not to be unreasonably withheld or delayed. Any existing access route which is to be diverted as part of the authorised development must not be closed until the replacement route is constructed and available for use.

5

The prior approval of the airport operator (acting as the statutory aerodrome safeguarding authority) must be obtained by the undertaker for the installation of any solar photovoltaic panels or apparatus within the authorised development, such approval not to be unreasonably withheld or delayed. Any request for such approval must be accompanied by a full solar glare assessment and detailed risk assessment.

6

Any difference or dispute arising between the undertaker and the airport operator under this Schedule must, unless otherwise agreed between the undertaker and the airport operator, be determined by arbitration in accordance with article 41 (arbitration).

SCHEDULE 17 — FOR THE PROTECTION OF SEVERN TRENT WATER LIMITED

The undertaker must carry out the authorised development in accordance with the Construction Management Strategy for Safeguarding the Derwent Valley Aqueduct (Document 6.14).

SCHEDULE 18 — FOR THE PROTECTION OF NETWORK RAIL

1

The following provisions of this Schedule have effect, unless otherwise agreed in writing between the undertaker and Network Rail and, in the case of paragraph 10, any other person on whom rights or obligations are conferred by that paragraph.

2

In this Schedule—

• “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 his powers under section 8 (licences) of the Railways Act 1993⁴⁸;

• “Network Rail” means Network Rail Infrastructure Limited (company number 02904587, whose registered office is at 1 Eversholt Street, London, NW1 2DN) 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 (meaning of “subsidiary” etc.) of the Companies Act 2006⁴⁹) 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;

• “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 Infrastructure Limited and: any station, land, works, apparatus and equipment belonging to Network Rail Infrastructure Limited or connected with any such railway; and any easement or other property interest held or used by Network Rail Infrastructure Limited for the purposes of such railway or works, apparatus or equipment; and

• “specified work” means so much of any of the authorised works as is situated upon, across, under, over or within 15 metres of, or may in any way adversely affect, railway property.

3

• (1) Where under 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 works under this Order.

4

• (1) The undertaker must not exercise the powers conferred by article 14 (accesses), article 23 (authority to survey and investigate the land), article 25 (compulsory acquisition of land and rights), article 26 (power to override easements and other rights), article 27 (compulsory acquisition of land – incorporation of the mineral code), article 31 (temporary use of land for carrying out the authorised development), article 33 (operation and use of railways) and article 37 (felling or lopping of trees) or the powers conferred by section 11(3) (powers of entry) of the 1965 Act in respect of any railway property unless the exercise of such powers is with the consent of Network Rail.

• (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 (extinguishment of rights of statutory undertakers: preliminary notices) or 272 (extinguishment of rights of telecommunications code system operators: preliminary notices) of the 1990 Act, 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 conferred by this Order acquire or use or acquire new rights over any railway property except with the consent of Network Rail.

• (5) Where Network Rail is asked to give its consent under this paragraph, such consent must not be unreasonably withheld but may be given subject to reasonable conditions.

5

• (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 disapproval of those plans and the grounds of 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 is to be deemed to have approved the plans as submitted.