Legalize / United Kingdom / Statutory-Instrument

The York Potash Harbour Facilities Order 2016

Type Statutory-Instrument

Publication 2016-07-20

Last updated 2024-03-11

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

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

(b) either leaving it in the hands of a 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 of other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission the requirement is 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;

(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 7 days of receipt that the recipient requires a paper copy of all or 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 electronic communication given by a person may be revoked by that person in accordance with paragraph (8).

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

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

(b) such revocation is final and takes effect on a date specified by the person in the notice but that date may not be less than 7 days after the date on which the notice is given.

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

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

Arbitration

40

Any difference under any provision of this Order, unless otherwise provided for, must be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) by the President of the Institution of Civil Engineers.

SCHEDULE 1 — AUTHORISED DEVELOPMENT

Within the Borough of Redcar and Cleveland, and the Borough of Stockton-on-Tees

Nationally Significant Infrastructure Project

Works No. 1 - within the area described on the works plans as Works No. 1—

(1) dredging of approach channel and berth pocket; and

(2) the demolition of the existing jetty and associated infrastructure

Works No. 4 - within the area described on the works plans as Works No. 4—

(1) 2 parallel conveyors in a single housing (on supports and including transfer stations connected to the housing which are comprised in Works No. 5) to transfer polyhalite from the materials handling facility to the ship loaders and surge bins comprised in Works No. 2 running between the points A-B-C shown on the works plans.

Associated Development

Works No. 3- within the area described on the works plans as Works No. 3—

(1) the lagoon habitat enhancement works; and

(2) extension, modification or replacement of pipe and provision of an additional pipe for flow control entering Works No. 2 from the lagoon.

Works No. 5 - within the area described in the works plans as Works No. 5 in connection with Works Nos. 1 to 4 and 6 to 11—

(1) vehicular and pedestrian access;

(2) construction space;

(3) access for construction and maintenance;

(4) conveyer footings and supports connecting with Works No. 4;

(5) transfer towers connecting with Works No. 4;

(6) surface and foul water disposal arrangements;

(7) signage;

(8) lighting;

(9) security fencing and gating including the arrangements for maintaining access for owners of structures along the northern boundary of the Order limits shown on Document 3.16;

(10) temporary acoustic fencing and visual screening;

(11) CCTV;

(12) services: and

(13) security control (to the north-east of Works No. 10).

Works No. 6A - within the area described on the works plans as Works No. 6A—

(1) temporary material storage and preparation and plant area;

(2) temporary parking;

(3) temporary offices;

(4) temporary stores:

(5) temporary lighting; and

(6) temporary security fencing and gating.

Works No. 6B - within the area described in the works plans as Works No. 6B—

(1) substation; and

(2) car parking and screen fencing.

Works No. 7 - within the area described on the works plans as Works No. 7—

(1) temporary material storage and preparation and plant area;

(2) temporary parking;

(3) temporary offices;

(4) temporary stores;

(5) temporary lighting; and

(6) temporary security fencing and gating.

Works No. 8 - within the area described on the works plans as Works No. 8—

(1) temporary material storage and preparation and plant area;

(2) temporary parking;

(3) temporary offices;

(4) temporary stores:

(5) temporary lighting; and

(6) temporary security fencing and gating.

Works No. 9 - within the area described in the works plans as Works No. 9—

(1) general services building;

(2) parking;

(3) substation;

(4) below ground waste water storage tank; and

(5) ancillary infrastructure including screen fencing.

Works No. 10 - within the area described on the works plans as Works No. 10—

(1) temporary material storage and preparation and plant area;

(2) temporary parking;

(3) temporary offices;

(4) temporary stores;

(5) temporary lighting; and

(6) temporary security fencing and gating.

Works No. 11 - within the area described on the works plans as Works No. 11—

(1) temporary material storage and preparation and plant area;

(2) temporary parking;

(3) temporary offices;

(4) temporary stores;

(5) temporary lighting; and

(6) temporary security fencing and gating.

Works No. 12 - within the area described on the works plans as Works No.12—

(1) works to improve the western most arm of the A1085 roundabout the general arrangement of which is shown on the highway works plan including—

(a) widening the carriageway;

(b) construction of a new splitter island; and

Works Nos. 1 to 12 to be carried out in accordance with the parameters set out in the parameters table.

In connection with Works Nos. 1 to 12 such development within the Order limits but excluding the lagoon as may be necessary or expedient for the purposes of or in connection with the construction or use of the nationally significant infrastructure project and associated development described in Works Nos. 1 to 12, provided that such works do not give rise to any materially new or materially worse environmental effects in comparison with those assessed in the environmental statement or any updated environmental information supplied under the 2009 EIA Regulations.

SCHEDULE 2 — REQUIREMENTS

Time limits

1

The authorised development must be begun within 7 years of the date on which this Order comes into force.

Stages of the development and design approval

2

(1) No part of phase 1a is to commence until a written scheme setting out all the component parts of phase 1a has been submitted to and approved by the local planning authority. The written scheme must include details of the following unless they have been approved by the MMO under the provisions of Schedule 5 (deemed licence under the 2009 Act)—

(a) layout;

(b) details of quay structure and related infrastructure (including whether the open quay or solid quay is to be constructed);

(d) parking and storage areas;

(e) surface and foul drainage;

(f) site levels;

(g) permanent fencing and other means of enclosure; and

(h) lighting.

(2) The phase 1a works must be carried out in accordance with the approved details, whether approved by the local planning authority under sub-paragraph (1) or the MMO under the provisions of Schedule 5.

(3) No part of phase 1b is to commence until a written scheme setting out all the component parts of phase 1b has been submitted to and approved by the local planning authority. The written scheme must include details of the following unless they have been approved by the MMO under the provisions of Schedule 5—

(a) the position of the conveyor system and transfer towers;

(b) external appearance and scale of all buildings and structures including the design of the external treatment of that part of the conveyor system which crosses the A1085;

(d) surface and foul drainage;

(e) site levels;

(f) permanent fencing and other means of enclosure; and

(g) lighting.

(4) The phase 1b works must be carried out in accordance with the approved details whether approved by the local planning authority under sub-paragraph (3) or the MMO under the provisions of Schedule 5.

3

(1) No part of phase 2 is to commence until a written scheme setting out all the component parts of phase 2 has been submitted to and approved by the local planning authority. The written scheme must include details of the following unless they have been approved by the MMO under the provisions of Schedule 5 (deemed licence under the 2009 Act)—

(a) layout;

(b) details of additional quay structure and related infrastructure;

(d) parking and storage areas;

(e) surface and foul drainage;

(f) site levels;

(g) permanent fencing and other means of enclosure; and

(h) lighting.

(2) The phase 2 works must be carried out in accordance with the approved details, whether approved by the local planning authority under sub-paragraph (1) or the MMO under the provisions of Schedule 5.

(3) If the construction of works (a) (extension of quay) and (b) (dredging) comprised in phase 2 does not commence within 6 years of the completion of phase 1a, if the local planning authority so requires, the undertaker must reassess the baseline conditions relating to those works and, in the event of there being changes to the baseline conditions which materially affect the assessment of likely impacts arising from those works identified in the environmental statement the undertaker must produce a further environmental report re-assessing such impacts, submit it to the local planning authority and agree with the local planning any additional mitigation measures required

(4) If a further environmental report is required, the works referred to in sub-paragraph (3) must not be carried out until either additional mitigation measures have been agreed with the local planning authority or it has been agreed with the local planning authority that no additional measures are required. Any additional mitigation measures required must be carried out as agreed.

4

The authorised development must be carried out in accordance with the drawings listed below and in accordance with the details approved under requirements 2 and 3 and the DML—

(a) the works plans;

(b) the parameters table; and

Highway access

5

No phase of the authorised development other than phase 1a is to commence until the highway works shown on the highway works plan have been carried out to the satisfaction of the local highway authority.

Construction Environmental Management Plan

6

(1) No phase of the authorised development is to commence, including any preparatory earthworks or site levelling but excluding ecological mitigation works, until a Construction Environmental Management Plan (“CEMP”) for that phase of the development, drafted in accordance with the principles set out in the outline construction environmental management plan and incorporating the mitigation identified in the governance tracker, has been submitted to and approved by the local planning authority in consultation with Natural England. The plan must include details of the following unless they have been approved by the MMO under the provisions of Schedule 5 (deemed licence under the 2009 Act)—

(a) a stakeholder communications plan;

(b) details of the methods to control noise arising from construction activities (including temporary acoustic fencing);

(c) details of the methods to be used to control dust and other emissions from the site including a Dust Management Plan;

(d) details of all temporary fencing, temporary buildings, compound areas and parking areas including arrangements for their removal following completion of construction;

(e) details of areas to be used for the storage of plant and construction materials and waste;

(f) details of the facilities to be provided for the storage of fuel, oil and other chemicals, including measures to prevent pollution;

(g) details of any temporary lighting arrangements such detail to incorporate measures described in item 31 of the governance tracker;

(h) measures to ensure that construction vehicles do not deposit mud on any highway;

(i) details of mitigation measures to protect biodiversity interests within the site and adjacent to it during the construction phases;

(j) advisory signage at public access points advising of possible hazards including the potential for sudden noise;

(k) asbestos management strategy (if needed); and

(l) a materials management plan.

(2) The CEMP may be amended in accordance with article 37(2) (approvals pursuant to requirements etc.) provided that such amendment does not diminish the mitigation during construction referred to in the environmental statement.

(3) All construction works must be carried out in accordance with the CEMP as approved from time to time.

Construction Traffic Management Plan

7

None of the authorised development is to commence (excluding ecological mitigation or enhancement works referred to in the outline ecological management plan) until a Construction Traffic Management Plan (“CTMP”) drafted in accordance with the principles set out in Appendix 12.3 of the environmental statement has been submitted to and approved by the local planning authority. The provisions of the approved CTMP must be observed at all times during the construction of the authorised development.

Flood warning and ground gas monitoring

8

(1) No building comprising part of the authorised development is to be occupied until a flood warning and evacuation plan, which must include details of expected means of evacuation or safe refuge during a tidal flood event with safe refuge areas has been submitted to and approved by the local planning authority.

(2) No phase of the authorised development is to commence until a programme for ground gas monitoring has been agreed with the local planning authority and subsequently implemented. If the monitoring in accordance with the approved scheme gives rise to the need to consider gas protection measures within buildings, these must be agreed with the local planning authority and implemented as agreed.

Ecology

9

(1) No phase of the authorised development is to commence until written ecological management plans for any ecological mitigation or enhancement measures included in the environmental statement for that phase (including a marine mammal mitigation plan but not including the lagoon habitat enhancement works which are licensed under the DML), drafted in accordance with the principles set out in the outline ecological management plan, and incorporating the mitigation identified in the governance tracker have been submitted to and approved by the local planning authority and the MMO in consultation with Natural England and the Environment Agency.

(2) The ecological management plans must be implemented as approved but may be subject to amendment in accordance with article 37(2) (approvals pursuant to requirements etc.). If amendments to any ecological enhancement or mitigation measures are proposed below the level of high water, the amendments are to be approved by the local planning authority and the MMO in consultation with Natural England and the Environment Agency.

(3) Prior to the decommissioning phase of the authorised development, terrestrial ecological surveys are to be undertaken to verify whether any protected species could be impacted by the decommissioning phase, and to identify any requirement for mitigation to be implemented in order to avoid any adverse impacts. The scope of terrestrial ecological surveys is to be agreed with the local planning authority in consultation with Natural England prior to any ecological surveys being undertaken and, following the surveys, the scope of mitigation including an implementation timetable is to be agreed by the local planning authority in consultation with Natural England. The agreed mitigation must be carried out as agreed.

Archaeology

10

(1) No development is to take place until a programme of archaeological work including a written scheme of investigation has been submitted to and approved by the local planning authority. The scheme must provide for monitoring in the vicinity of the “Deserted Medieval Village of West Coatham”. The scheme must include an assessment of significance and research questions and—

(a) the programme and methodology of site investigation and recording;

(b) the programme for post investigation assessment;

(d) provision to be made for publication and dissemination of the analysis and records of the site investigation;

(e) provision to be made for archive deposition of the analysis and records of the site investigation; and

(f) nomination of a competent person or organisation to undertake the works set out within the written scheme of investigation.

(2) No development is to take place other than in accordance with the written scheme of investigation approved under sub-paragraph (1).

(3) The authorised development must not be occupied until the site investigation and post- investigation assessment has been completed in accordance with the programme set out in the written scheme of investigation approved under sub-paragraph (1) and the provision made for analysis, publication and dissemination of results and archive deposition has been secured.

Decommissioning

11

Prior to the decommissioning phase of the authorised development through the removal of the overhead conveyor system, the undertaker must submit a decommissioning plan in respect of those parts of the authorised development to be decommissioned to the local planning authority for approval. The provisions of the approved plan must be implemented during the decommissioning phase.

SCHEDULE 3 — ACQUISITION PROVISIONS

PART 1 — RIGHTS AND RESTRICTIONS REQUIRED FOR THE CONVEYOR ROUTE – COMPULSORY ACQUISITION (NORTHERN)

(1)Number of land shown on land plans	(2)Class or classes of rights sought as described in the book of reference	(3)Purpose for which rights may be acquired or restrictions imposed
7	1 and 9	Dredging and to obtain access for such purposes.
8	1, 2, 3, 4, 5, 6, 7a, 9 and 10	(a) Dredging;(b) construction, operation, use and maintenance of the quay;(c) extension and/or modification the pipe between the lagoon and the Tees estuary and provision of an additional pipe for flow control;(d) installation, maintenance and use of ship loaders, surge bins, transfer towers;(f) construction, operation, use and maintenance of the conveyor system along the conveyor route (northern);(g) installation and maintenance of support foundations for the conveyor along the conveyor route (northern);(h) carrying out and maintenance of the lagoon habitat enhancement works;(i) installation, operation, use and maintenance of services, signage, lighting, acoustic fencing, security fencing and gating, CCTV;(j) creation and use of temporary compounds (Works Nos. 6A and 7); and(k) construction, use and maintenance of a permanent compound (Works No. 6B),and to obtain access for such purposes and to impose restrictions for the protection of the conveyor structure and footings.
8b (as shown on Document 2.1B(i) (Northern Route))	4, 5, 6, 9 and 10	(a) Construction, operation, use and maintenance of the conveyor system along the conveyor route (northern);(b) installation and maintenance of support foundations for the conveyor along the conveyor route (northern);(c) installation, use and maintenance of services, signage, lighting and CCTV; and(d) creation and use of temporary compound (Work No. 8),and to obtain access for such purposes to impose requirements for the protection of the conveyor structure and footings.
8a and 9	4, 5, 9 and 10	(a) Construction, operation, use and maintenance of the conveyor system, installation along the conveyor route (northern);(b) maintenance of support foundations for the conveyor along the conveyor route (northern); andinstallation, use and maintenance of services, signage, lighting, acoustic fencing, CCTV,and to obtain access for such purposes and to impose restrictions for the protection of the conveyor structure and footings.
8c (as shown on Document 2.1B(i) (Northern Route))	4, 5, 9 and 10	(a) Construction, operation, use and maintenance of the conveyor system along the conveyor route (northern);(b) installation and maintenance of support foundations for the conveyor and a transfer tower along the conveyor route (northern); and(c) installation, use and maintenance of services, signage, lighting, CCTV,and to obtain access for such purposes and to impose restrictions for the protection of the conveyor structure and footings.
11	1, 2, 3, 4, 5, 6, 7b, 9 and 10	(a) Dredging;(b) construction, operation, use and maintenance of the quay;(c) demolition of the existing jetty;(d) installation, maintenance and use of ship loaders, surge bins, transfer towers;(e) construction, operation, use and maintenance of the conveyor system along such part of the conveyor route (northern);(f) installation and maintenance of support foundations for the conveyor along such part of the conveyor route (northern);(g) installation of a below ground waste storage tank;(h) carrying out and maintenance of part of the lagoon habitat enhancement works;(i) installation, use and maintenance of services, signage, lighting, acoustic fencing, security fencing and gating, CCTV;(j) creation and use of temporary compounds (Works No. 7); and(k) construction, use and maintenance of a permanent compound (Works No. 9),and to obtain access for such purposes and to impose restrictions for the protection of the conveyor structure and footings.
12 and 13	1, 4, 5 and 9	(a) Dredging;(b) demolition of the existing jetty; and(c) installation, use and maintenance of services, lighting, acoustic fencing, security fencing and gating, CCTV,and to obtain access for such purposes.
15 and 16	5 and 9	Installation, use and maintenance of services, signage, lighting, acoustic fencing, security fencing and gating, CCTV and to obtain access for such purposes.
17, 18, 19, 20, 21a and 22	4, 5 and 9	Installation, use and maintenance of services, lighting, acoustic fencing, security fencing and gating, CCTV and to obtain access for such purposes.
23, 24, 37a, 38, 39, 40, 41, 42, 43, 44, 49, 57, 58, 59, 60 and 62	4, 5, 9 and 10	(a) Construction, operation, use and maintenance of the conveyor system along the conveyor route (northern);(b) installation and maintenance of support foundations for the conveyor along the conveyor route (northern); and(c) installation, use and maintenance of services, lighting, security fencing and gating, CCTV,and to obtain access for such purposes and to impose restrictions for the protection of the conveyor structure and footings.
25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 and 54	4, 5 and 9	(a) Construction, operation, use and maintenance of the conveyor system along the conveyor route (northern);(b) installation and maintenance of support foundations for the conveyor along the conveyor route (northern); and(c) installation, use and maintenance of services, CCTV,and to obtain access for such purposes.
47, 48, 55 56 and 61	5 and 9	(a) Installation and maintenance of support foundations for the conveyor along the conveyor route (northern); and(b) installation, use and maintenance of services, CCTV,and to obtain access for such purposes.
50	4, 5, 6, 9 and 10	(a) Construction, operation, use and maintenance of the conveyor system along the conveyor route (northern);(b) installation and maintenance of support foundations for the conveyor along the conveyor route (northern);(c) installation, use and maintenance of services, lighting, security fencing and gating, CCTV; and(d) creation and use of a temporary compound (Works No. 10),and to obtain access for such purposes and to impose restrictions for the protection of the conveyor structure and footings.
51	4, 5, 8, 9 and 10	(a) Construction, operation, use and maintenance of the conveyor system along such part of the conveyor route (northern);(b) installation and maintenance of support foundations for the conveyor along such part of the conveyor route (northern);(c) installation, use and maintenance of services, lighting, security fencing and gating, CCTV (Works No. 12);(d) laying out of the highway works;(e) installation of new signs and markings;(f) removing an existing earth bund; and(g) clearing vegetation,and to obtain access for such purposes and to impose restrictions for the protection of the conveyor structure and footings.
52, 53, 54a	8	(a) Laying out of the highway works (Works No. 12) to include a pedestrian traffic island;(b) resurfacing the existing carriageway;(c) installation of new signs and markings;(d) removing an existing earth bund; and(e) clearing vegetation,including temporary access for such purposes.
59a	6	Creation and use of a temporary compound (Works No. 11) including temporary access for such purposes.

PART 2 — RIGHTS AND RESTRICTIONS REQUIRED FOR THE CONVEYOR ROUTE – CROWN LAND (NORTHERN)

(1)Number of land shown on land plans	(2)Class or classes of rights sought as described in the book of reference	(3)Purpose for which rights may be acquired or restrictions imposed
1	1, 2, 4 and 9	(a) Dredging;(b) demolition of the existing jetty;(c) construction, operation, use and maintenance of the quay;(d) installation, maintenance and use of ship loaders; and(e) construction, operation, use and maintenance of the conveyor system,and to obtain access for such purposes.
2, 3	1 and 9	(a) Dredging; and(b) demolition of the existing jetty,and to obtain access for such purposes.
6	1 and 9	Dredging and to obtain access for such purposes.
10	4, 5, 9 and 10	(a) Construction, operation, use and maintenance of the conveyor system along the conveyor route (northern);(b) installation and maintenance of support foundations for the conveyor and a transfer tower along the conveyor route (northern); and(c) installation, use and maintenance of services, signage, lighting, CCTV,and to obtain access for such purposes and to impose restrictions for the protection of the conveyor structure and footings.

PART 3 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR THE CREATION OF NEW RIGHTS AND RESTRICTIVE COVENANTS

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 or the imposition of a restrictive covenant as they apply as respects compensation on the compulsory purchase of land and interests in land.

2

(1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973²⁸ has effect subject to the modifications set out in sub-paragraph (2) and (3).

(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 4—

(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) For section 58(1)²⁹ (determination of material detriment where part of house etc., proposed for compulsory acquisition), as it applies to determinations under section 8 (other provisions as to divided land) of the 1965 Act, 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 or restrictive covenant affecting land consisting of a house, building or manufactory can be taken or imposed without material detriment or damage to the house, building or manufactory; or (b) a right over or restrictive covenant affecting land consisting of a park or garden belonging to a house can be taken or imposed 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 or the imposition of the restrictive covenant but also the use to be made of the right or restrictive covenant proposed to be acquire or imposed, and, in a case where the right or restrictive 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 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, or to the imposition under this Order of a restrictive covenant, 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 (accordingly to the requirements of the particular context) as referring to, or as including references to—

(a) the right acquired or to be acquired;

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

(d) the land over which the restrictive covenant is or is to be enforceable.

(2) Without limitation on the scope of sub-paragraph (1), Part 1 (compulsory purchase under Acquisition of Land Act of 1946) of the 1965 Act applies in relation to the compulsory acquisition under this Order of a right by the creation of a new right, or in relation to the imposition of a restrictive covenant, 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 or the restrictive covenant is to be imposed is depreciated by the acquisition of the right or the imposition of the covenant but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.

5

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

(6) the York Potash Harbour Facilities Order 2016³⁰ (“the Order”), 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 to be 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 or the imposition of the restrictive covenant 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 or the restrictive covenant imposed without material detriment to that land; or (ii) where that land consist of such a park or garden, that the right cannot be purchased or the restrictive covenant imposed 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 to be 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, in accordance with section 31 of the 1961 Act 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);

(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 or the restrictive covenant which is to be imposed is vested absolutely in the acquiring authority.

7

Section 11³¹ (powers of entry) of the 1965 Act 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 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 12³² (penalty for unauthorised entry) and 13³³ (entry on warrant in the event of obstruction) of the 1965 Act are modified correspondingly.

8

Section 20³⁴ (protection for interests of tenants at will etc.) of the 1965 Act applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right or the enforcement of the restrictive covenant in question.

9

Section 22 (interests omitted from purchase) of the 1965 Act 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, or to enforce the restrictive covenant imposed, subject to compliance with that section as respects compensation.

SCHEDULE 4 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

(1) Area	(2) Plot number shown on land plans	(3) Purpose for which temporary possession may be taken	(4) Relevant part of the authorised development
Borough of Redcar & Cleveland	52, 53, 54a	Highway works	Works No. 12
Borough of Redcar & Cleveland	59a	Temporary contractor’s compound	Works No. 11

SCHEDULE 5 — DEEMED LICENCE UNDER THE 2009 ACT

PART 1 — INTRODUCTORY

Addresses and Undertaker

1

(1) Unless otherwise advised in writing by the MMO, the address for postal correspondence with the MMO for the purposes of this Schedule is the Marine Management Organisation, Marine Licensing Team, Lancaster House, Newcastle Business Park, Newcastle upon Tyne, NE4 7YH and where contact with the MMO District Office is required, the following contact details should be used—

Neville House, Central Riverside, Bell Street, North Shields, NE30 1LJ;

Telephone number: 0191 257 4520;

Email address: northshields@marinemanagement.org.uk.

(2) Unless otherwise advised in writing by the MMO, the address for electronic communication with the MMO for the purposes of this Schedule is—

marine.consents@marinemanagement.org.uk; ornorthshields@marinemanagement.org.uk.

(3) Where in this Schedule reference is made to the undertaker it includes any agent or contractor or person acting on the undertaker’s behalf.

PART 2 — LICENSED ACTIVITIES

2

For the purpose of constructing and maintaining the authorised development the licence holder may carry out the activities set out in this Part as if those activities were licensed under the 2009 Act.

Construction of the quay

3

The undertaker is permitted to construct the quay (Work No. 2) within the quay limits (as described in Schedule 6 (quay limits)) according to the following specification—

(a) the quay length must be no more than 486 metres;

(b) the quay width must be no more than 87 metres; and

Open quay structure

4

The undertaker is permitted to construct the open quay structure according to the following specification—

(a) suspended deck structures comprised of a reinforced concrete deck supported by approximately 200 driven steel tubular piles in phase 1a, with an additional 200 piles required for phase 2, in the order of 0.9 metres diameter;

(b) the area of the deck structure (quay) is to be no more than 28 metres wide by 280 metres long in phase 1a, increasing up to a total of 486 metres long in phase 2;

(c) the quayside is to consist of engineering fill to create a trafficable surface adjacent to the quay, for the full length of the quay. The width of the quayside is to be between 43 metres and 53 metres;

(d) 2 access bridges are to be constructed during phase 1a, allowing one to be used for the construction of phase 2 whilst maintaining the other for operational access;

(e) installation of a revetment on the re-graded slope, either to be placed on the re-graded slope prior to installation of piles, or placed following installation of the piles; and

(f) replacement of the existing pipe through the embankment between the Tees estuary and the lagoon with 2 new pipes of larger capacity each incorporating independently operated flow control structures.

Solid quay structure

5

The undertaker is permitted to construct the solid quay structure according to the following specification—

(a) phase 1a—

(i) the combi-pile wall is to consist of 120 king piles (of approximately 2 metres diameter) with intermediate sheet piles;

(ii) the anchor wall is to consist of a length of approximately 210 metres of sheet piles; and

(iii) 40 piles of 660 millimetre diameter are required for the cope beam to support the landside ship loader rails, installed between the tie rods that connect the king piles to the anchor wall;

(b) phase 2—

(i) the combi-pile wall is to consist of an additional 90 king piles with intermediate sheet piles;

(ii) the anchor wall is to consist of an additional plan length of approximately 200 metres of sheet piles; and

(iii) a further 35 piles of 660 millimetre diameter are required for the cope beam to support the landside ship loader rails;

(c) the quayside is to consist of engineering fill to create a trafficable surface adjacent to the quay, for the full length of the quay – the width of the quayside is to be between 65 metres and 87 metres;

(d) the footprint is to be no more than 87 metres wide by 280 metres long in phase 1a, increasing up to a total of 486 metres long in phase 2 – access to the quay is to be directly from the reclaimed area behind the quay wall; and

(e) replacement of the existing pipe through the embankment between the Tees estuary and the lagoon with 2 new pipes of larger capacity each incorporating independently operated flow control structures.

Capital dredging and disposal

6

(1) The undertaker is permitted to carry out capital dredging at the following locations—

(a) the current approach channel to a depth of 14.1 metres below Chart Datum (16.95 metres below Ordnance Datum); and

(b) the berth pocket to a depth of 16 metres below Chart Datum (18.85 metres below Ordnance Datum).

(2) The materials must be dredged in the approximate quantities according to the following table—

Dredged material type	Open quay (cubic metres)	Solid quay (cubic metres)
Silts	181,000	66,000
Sands and Gravels	326,000	196,000
Clays	230,000	194,000
Mercia Mudstone	385,000	358,000
TOTAL (MAXIMUM)	1,122,000	814,000

(3) For phases 1a and 2, the dredging of the contaminated silts is to be undertaken using enclosed grabs.

(4) For phase 1a the dredging of the sands and gravels is to be undertaken using a Trailing Suction Hopper Dredger (“TSHD”).

(5) For phases 1a and 2 the dredging of the clay and Mercia mudstone (marl) must be undertaken using a backhoe dredger, TSHD or Cutter Suction Dredger (“CSD”). For phase 2, dredging of sands and gravel is to be by a backhoe dredger, TSHD or CSD.

(6) The following maximum quantities of dredged material are to be disposed at Tees Bay C (TY 150) offshore dredged material disposal sites—

(a) 615,000 cubic metres of clay and mudstone; and

(b) 326,000 cubic metres of sand and gravel,

unless otherwise agreed with the MMO.

Lagoon habitat enhancement

7

(1) The lagoon habitat enhancement works must not commence until a written lagoon habitat enhancement plan (to include details of pre and post construction monitoring) has been submitted to and approved by the MMO (following consultation with Natural England, the Environment Agency and the local planning authority).

(2) The lagoon habitat enhancement plan must include—

(a) details of proposals for pre and post construction monitoring;

(b) details of the enhancement of habitat in the lagoon for water birds and a construction method statement regulating the construction of those works; and

(3) The lagoon habitat enhancement plan (including pre and post construction monitoring information) must accord with the mitigation and monitoring strategy.

(4) The lagoon habitat enhancement plan must be implemented as approved.

PART 3 — ENFORCEMENT

8

Any breach of this Schedule does not constitute a breach of this Order but is subject to the enforcement regime in Chapter 3 (enforcement) of Part 4 (licensing) of the 2009 Act as if this Schedule were a licence granted under that Act.

PART 4 — CONDITIONS

General conditions

9

(1) The conditions set out at paragraphs 10 to 51 are licence conditions attached to the DML granted by article 31 (deemed marine licence).

(2) For such of the licensed activities that involve the construction, alteration or improvement of works in or over the sea or on or under the sea bed, the conditions apply to any person who for the time being owns, occupies or enjoys any use of the licensed activity.

(3) This licence is for 20 years from the date of coming into force of this Order whereby—

(a) the minimum construction period for phase 1a and phase 2 works is 17 months each for both forms of quay structure; and

(b) phase 2 works are to commence within 6 years of completion of phase 1a.

10

The MMO must be notified by the undertaker at least 10 working days before the commencement of each phase of the licensed activity of its acceptance of the provisions of this Schedule and that the undertaker and any agents or contractors employed by it to carry out the licensed activities have knowledge of the provisions of this Schedule.

11

The undertaker must ensure that the MMO District Marine Office is notified of the timetable of works and operations at least 10 working days prior to the commencement of each phase of the licensed activity.

12

The MMO must be notified by the undertaker in writing of any agents, contractors or sub-contractors that will be carrying out any licensed activity on behalf of the undertaker at least 4 weeks before the commencement of each phase of the licensed activity.

13

The undertaker must ensure that a copy of this Schedule and any subsequent revisions or amendments has been provided to, read and understood by any agents, contractors or subcontractors that will be carrying out any licensed activity on behalf of the undertaker.

14

The undertaker must ensure that the names of vessels to be utilised in connection with a licensed activity are provided to the MMO and agreed at least 4 weeks prior to the commencement of the licensed activities such notification setting out—

(a) the vessel type;

(b) the vessel International Maritime Organization number; and

15

The undertaker must ensure that a copy of this Schedule and any subsequent revisions or amendments has been provided to, read and understood by the master of any vessel being used to undertake any licensed activity, and that a copy of this Schedule is held on board any such vessel.

16

The undertaker must ensure that a Notice to Mariners is issued at least 10 working days prior to the licensed activity commencing warning of the start date for the construction of the licensed activity and updated as appropriate.

Project wide conditions

17

(1) Prior to any works commencing below the level of high water, the undertaker must submit detailed method statements to the MMO for approval for each operation of the licensed activities at least 3 months prior to the commencement of such licensed activity and any such approval must not be unreasonably withheld or delayed and is deemed to have been permitted if it is neither given nor refused within 3 months of the specified day.

(2) The undertaker must provide the MMO with such further details as the MMO may reasonably require, any such request to be made within 28 days from the day on which the detailed method statement was submitted under sub-paragraph (1).

(3) In this paragraph the “specified day” means—

(a) the day on which the MMO have received the detailed method statement referred to in sub-paragraph (1); or

(b) the day on which the undertaker provides the MMO with such further particulars as have been reasonably requested by the MMO under sub-paragraph (2).

18

(1) The undertaker must only work and access the licensed area within a defined and marked out area so as to limit personnel and plant access to the area of Works Nos. 2 and 3.

(2) Co-ordinates (in WGS84) and plan diagrams of the licensed area and access routes must be submitted to the MMO at least 4 weeks prior to the commencement of the licensed activity.

(3) Licensed activity must not commence before the approval of the co-ordinates and plan diagrams of the licensed area and access routes has been given by the MMO.

19

All construction phase activities must be carried out in accordance with the following—

(a) best practice guidance including the Environment Agency’s Pollution Prevention Guidance notes and guidance from the Construction Industry Research and Information Association;

(b) adherence to the Construction (Design and Management) Regulations 2015 where applicable; and

(c) adherence to the Construction Environmental Management Plan approved under paragraph 6(1) of Schedule 2 (requirements) and an Incident and Emergency Response Plan.

20

The undertaker must ensure that any coatings and treatments used are approved by the Health and Safety Executive as suitable for use in the marine environment.

21

The undertaker must ensure that all materials used in construction of any part of the licensed activities are suitable and approved by the MMO for use within the marine environment.

22

The undertaker must ensure that during the licensed activity all wastes are stored in designated areas that are isolated from surface water drains, open water and bunded if necessary to contain any spillage.

23

The undertaker must ensure that no waste concrete slurry or wash water from concrete or cement licensed activities are discharged into the marine environment.

24

Concrete and cement mixing and washing areas must be contained and sited at least 10 metres from any watercourse or surface water drain to minimise the risk of run off entering a watercourse.

25

The undertaker must install bunding and storage facilities to contain and prevent the release into the marine environment of fuel, oils and chemicals associated with plant, refuelling and construction equipment, ensuring that secondary containment is used with a capacity of not less than 110% of any container’s storage capacity.

26

The undertaker must ensure that any oil, fuel or chemical spill within the marine environment is reported to the MMO Marine Pollution Response Team, telephone number 0300 200 2024 (office hours) or 07770 977 825 (outside office hours); and if no response is received, Defra Duty Room, telephone number 0345 0818 486; MMO, emergency fax (not manned 24 hours) 0191 376 2682 or email address dispersants@marinemanagement.org.uk; or such replacement numbers or email addresses notified to the licence holder by the MMO in writing.

27

The undertaker must ensure that the maintenance of plant, including regular inspections, is carried out routinely and in accordance with the manufacturers’ guidance.

28

A spill kit (including booms for potential leaks directly into the marine environment) must be kept on site at all times during the construction phase and any major spills or leakages controlled and reported to the Environment Agency and the harbour master.

29

The undertaker must ensure that any equipment, temporary structures, waste and debris associated with the works are removed within 6 weeks of completing construction of the licensed activities.

Piling conditions

30

The undertaker must ensure adherence to JNCC’s guidelines ‘Statutory nature conservation agency protocol for minimising the risk of injury to marine mammals from piling noise’ (JNCC, 2010) during pile driving. This is to include checking for marine mammals during a pre-piling search prior to piling operations commencing, the establishment of a mitigation zone (that is, an area within which a marine mammal could be exposed to sound levels which could cause damage) and the use of “soft-start” techniques to allow any marine mammals time to leave the area of greatest disturbance.

31

The undertaker must ensure the implementation of a minimum of 8 hours continuous break in every 24 hour period where no impact piling is carried out and must ensure that no more than one vessel is carrying out a piling operation at any one time.

32

The undertaker must ensure that acoustic barriers are positioned—

(a) along the embankment between the lagoon and the construction works for the quay; and

(b) between the lagoon and the construction works for the conveyor constructed in the northern corridor.

33

The undertaker must ensure that no piling is undertaken for 3 hours following low water, nor during May and that any percussive piling is implemented using a “soft-start” procedure.

Capital dredging, disposal conditions and debris

34

(1) The undertaker must agree a capital dredge and disposal strategy with the MMO at least 4 weeks before the commencement of any licensed activities.

(2) If any disposal or dredging activities are to take place after 1st October 2017—

(a) the undertaker must submit a sediment sampling plan to the MMO for approval at least 6 months prior to that dredging or disposal activity being carried out;

(b) the sediment sampling and analysis of the sediment must be completed by a laboratory validated by the MMO at least 6 weeks prior to the dredging or disposal activity being carried out; and

35

The undertaker must ensure that as a result of the capital dredging activities referred to in paragraph 6 no more than 941,000 cubic metres is disposed to site Tees Bay C (TY 150).

36

(1) The undertaker must ensure that certified returns of quantities of dredged material deposited under this licence are submitted to the MMO by 15th February (for the months August to January inclusive) and 15th August (for the months February to July inclusive) each year.

(2) The returns must specify the full licence number and amounts deposited (in tonnes) each calendar month at each authorised deposit area.

(3) Where no deposit is made in a given period a NIL return is required.

(4) The disposal method used must be submitted with the returns.

(5) Any contaminated sediment (largely silt) lying deeper than 1 metre below the surface of the seabed (excluding the underlying geological material) must not be disposed of at sea.

(6) The removal of any contaminated silt to a site licensed for the treatment and disposal of such silt must only be by means of a barge unless otherwise agreed by the MMO in consultation with the local planning authority.

37

The undertaker must ensure that any man-made material is separated from the dredged material and disposed of at a registered onshore disposal site.

38

If disposal of material is found to be the cause of any detrimental effects to the disposal site, the undertaker must ensure that such disposal ceases with immediate effect.

39

If due to stress of weather or any other cause the master of a vessel determines that it is necessary to deposit the dredged material other than in accordance with the capital dredge and disposal strategy agreed under condition 34 because the safety of human life or of the vessel is threatened—

(a) full details of the circumstances of the deposit must be notified to the MMO within 48 hours; and

(b) at the reasonable request of the MMO the unauthorised deposits must be removed at the undertaker’s expense.

40

At least 10 working days before commencement of the licensed activities, the undertaker must submit to the MMO an audit sheet covering all aspects of the construction of the licensed activities or any phase of them. The audit sheet must include details of—

(a) loading facilities;

(b) vessels;

(d) shipment routes;

(e) transport;

(f) working schedules; and

(g) all components and materials to be used in the construction of the licensed activities.

41

The audit sheet must be maintained throughout the construction of the licensed activities (or relevant phase) and must be submitted to the MMO for review at fortnightly intervals during periods of active offshore construction.

42

In the event that the MMO becomes aware that any of the materials on the audit sheet cannot be accounted for, it must require the undertaker to carry out a side-scan sonar survey to plot all obstructions across a reasonable area of search agreed by the MMO where construction works and related activities have been carried out. Any obstructions that the MMO considers to be associated with the authorised development must be removed at the undertaker’s expense.

43

As an alternative to the completion of an audit sheet, with approval from the MMO, the undertaker may introduce a dropped object procedure. If a dropped object procedure is introduced, any dropped objects must be reported to the MMO using the dropped object procedure form within 6 hours of the undertaker becoming aware of an incident. On receipt of the dropped object procedure form, the MMO may require relevant surveys to be carried out by the undertaker (such as side-scan sonar), and the MMO may require obstructions to be removed from the seabed at the undertaker’s expense.

44

The undertaker must agree with the MMO, before commencement of works, whether the dropped object procedure or audit sheet is to be used.

45

The undertaker must, at least 4 months before the completion of the construction of each phase of the authorised development, submit for the approval of the MMO a post construction maintenance schedule setting out details of the maintenance regime for that part of the authorised development below the level of high water.

46

An update to the post construction maintenance schedule must be submitted for approval every 3 years unless the MMO waives such requirement.

47

Maintenance must be carried out in accordance with the approved post construction maintenance schedule.

Lagoon Habitat Enhancement Works

48

The undertaker must implement and comply with the lagoon habitat enhancement plan (including pre and post construction monitoring) approved under paragraph 7 and must monitor and maintain the lagoon habitat enhancement works in accordance with the lagoon habitat enhancement plan and the principles outlined in the mitigation and monitoring strategy and agreed with the MMO in consultation with Natural England, the Environment Agency and the local planning authority.

Progress of licensed activities

49

The undertaker must keep the MMO informed of progress of the licensed activities including—

(a) notice of commencement of construction of the licensed activities within 24 hours of commencement having occurred;

(b) notice within 24 hours of any aids to navigation being established by the undertaker; and

Decommissioning

50

No decommissioning of that part of the authorised development below the level of high water is to take place until a decommissioning plan has been submitted to the MMO not less than 3 months prior to the decommissioning and approved by the MMO, and until the MMO has advised the undertaker whether or not the works comprised in the decommissioning plan require a marine licence under the provisions of the 2009 Act; and for the avoidance of doubt this DML does not obviate the need for such licence to be obtained if it is required for the decommissioning works being undertaken.

Archaeology

51

(1) No development is to commence until a programme of archaeological work including a written scheme of investigation has been submitted to and approved by the MMO. The programme must be submitted for approval at least 6 weeks prior to the commencement of works. The scheme must include a level 1 Building Recording of the “Seventh Buoy Light/Dolphin Mooring Bollard” prior to demolition; and monitoring of dredging works in the harbour area in the vicinity of borehole BHP6 to identify and analyse peat deposits. The scheme must include an assessment of significance and research questions, and—

(a) the programme and methodology of site investigation and recording;

(b) the programme for post investigation assessment;

(d) provision to be made for publication and dissemination of the analysis and records of the site investigation;

(e) provision to be made for archive deposition of the analysis and records of the site investigation; and

(f) nomination of a competent person or organisation to undertake the works set out within the written scheme of investigation.

(2) No development is to take place other than in accordance with the written scheme of investigation approved under sub-paragraph (1).

(3) The authorised development must not be occupied until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the written scheme of investigation approved under sub-paragraph (1) and the provision made for analysis, publication and dissemination of results and archive deposition has been secured.

SCHEDULE 6 — QUAY LIMITS

British National Grid	British National Grid	British National Grid	WGS84 DDM	WGS84 DDM
Name	easting	northing	Longitude	Latitude
H1	454860.2626	525337.9453	-1 09.11543	54 37.21298
H2	454888.5753	524853.5247	-1 09.09457	54 36.95162
H3	454940.7694	524856.5634	-1 09.04605	54 36.95292
H4	454942.22	524922.23	-1 09.04395	54 36.98832
H5	454949.27	524933.64	-1 09.03728	54 36.99442
H6	454954.44	524988.22	-1 09.03187	54 37.02382
H7	454950.46	525246.97	-1 09.03265	54 37.16335
H8	454938.4032	525342.4282	-1 09.04278	54 37.21488

SCHEDULE 7 — FOR THE PROTECTION OF NETWORK RAIL

1

The following provisions of this Schedule have effect, unless otherwise agreed between the undertaker and Network Rail and, in the case of paragraph 15, 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 l993³⁵;

“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 2006³⁶) 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 development 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 the powers conferred by this Order.

4

(1) The undertaker must not exercise the powers conferred by articles 15 (protective work to buildings), 16 (authority to survey and investigate the land), 20 (provision against danger to navigation), 21 (permanent lights on tidal works), 22 (power to charge), 30, (temporary use of land) or the powers conferred by section 11(3) (powers of entry) of the 1965 Act in respect of any railway property if such powers prevent pedestrian or vehicular access to any railway property, unless preventing such access is with the consent of Network Rail.

(2) 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.

(3) The undertaker must not under the powers of this Order acquire or use or acquire new rights over any railway property except with the consent of Network Rail.

(4) 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.

(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 for an agreed cost.

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.