The Millbrook Gas Fired Generating Station Order 2019

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• (1) The authorised development must be carried out in accordance with the approved plans listed in Table 1 below, inclusive of any limits of deviation, and any other plans, drawings, documents, details, schemes, statements or strategies which are approved by the relevant planning authorities pursuant to any requirement (as the same may be amended by approval of the relevant planning authorities pursuant to requirement 19)—

Works plans
Rights of way, streets and access plan
The access road visibility splay plan

• (2) The authorised development must be carried out in accordance with the parameters specified below (as the same may be amended by approval of the relevant planning authorities pursuant to requirement 19)—

Building or structure	Maximum height (metres above existing site level of approximately 31.5 metres AOD unless otherwise stated)	Minimum height (metres above existing site level of approximately 31.5 metres AOD unless otherwise stated)	Maximum length (metres)	Minimum length (metres)	Maximum width (metres)	Minimum width (metres)
The gas turbine generator (including gas turbine, generator, air inlet filter house, air inlet duct, exhaust diffuser, and auxiliaries such as lube oil system, air dryers, fuel gas filter package, instrument air system, compressor washing) (Part of numbered work 1A)	27	–	50	–	40	–
The exhaust gas emission flue stack (part of numbered work 1A)	35	32.5	12	–	12	–
Control room/office/ workshop (part of numbered work 1B)	7	–	45	–	25	–
Emergency generator (part of numbered work 1B)	6	–	13	–	5	–
Raw/fire water tank (part of numbered work 1B)	15	–	15	–	15	–
Demineralised water tank (part of numbered work 1B)	5	–	5	–	5	–
Gas receiving station (including compression station, emergency generator, Joule-Thompson boilers and other auxiliary control cabinets) (part of numbered work 1B)	10	–	70	–	50	–
Fin Fan Cooler(s) (part of numbered work 1A)	10	–	28	–	14	–
Transformer compound (including generator step up transformer, unit and other transformers, overhead line gantry and associated equipment) (part of numbered work 1C)	15	–	65	–	60	–
Gatehouse (part of numbered work 1D)	4.5	–	9	–	8	–
Above ground installation (numbered work 3A)*	3	–	85	–	35	–
Pipeline inspection gauge facility (part of numbered work 3A)*	3	–	35	–	30	–
Minimum offtake connection (part of numbered work 3A)*	3	–	35	–	35	–
Substation (including the auxiliary building) (part of numbered work 6)**	14	–	100	–	60	–

• Existing site level is approximately 70m AOD ** Existing site level is approximately 49m AOD

• (3) To the extent that design principles for any numbered work are set out in the design principles statement, that numbered work must be designed substantially in accordance with the relevant design principles set out therein.

• (4) Except to the extent approved pursuant to requirement 5, numbered works 1, 3A... and 6(a) must not commence until, for that numbered work, details of the layout, scale and external appearance of the numbered work have been submitted to and approved by the relevant planning authorities.

Provision of landscaping and ecological mitigation

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Each of numbered works 1, 2, 3A, 4, 5, 6 and 7 of the authorised development must not commence until, for that numbered work, a written strategy substantially in accordance with the outline landscape and ecological mitigation and management strategy has been submitted to and approved by Central Bedfordshire Council. The strategy must include details of all proposed hard and soft landscaping works and ecological mitigation measures and include details of—

• (a) the location, number, species, size and planting density of any proposed planting including details of any proposed tree planting and the proposed times of such planting;

• (b) cultivation, importing of materials and other operations to ensure plant establishment;

• (c) bunds and proposed finished ground levels;

• (d) hard surfacing materials;

• (e) measures for the management of the ecological resources that will remain within the Order land on completion of the authorised development.

Implementation and maintenance of landscaping and ecological mitigation measures

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• (1) All landscaping works and ecological mitigation measures must be carried out in accordance with the strategy approved under requirement 3.

• (2) The landscaping works and ecological mitigation measures must be carried out in accordance with implementation timetables approved in the strategy approved under requirement 3.

Highway accesses

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• (1) Numbered work 1 of the authorised development must not commence until either the Rookery South access road and numbered work 2B have been completed to a suitable standard for construction or the junction with Green Lane (comprising part of numbered work 2A) and numbered work 2B have been completed to a suitable standard for construction.

• (2) Each of numbered works 2, 3 and 6 of the authorised development must not commence until for that numbered work, written details of the siting, design and layout (to the extent either not provided as part of or differing from, the details contained in Schedule 1, the works plans or Table 1 of requirement 2) of any new permanent or temporary means of access to a highway to be used by vehicular traffic, or any alteration to an existing means of access to a highway used by vehicular traffic has been submitted to and approved by the relevant planning authorities (in consultation with the highway authority).

• (3) The highway accesses must be constructed in accordance with the approved details.

• (4) Following the completion of construction of numbered work 2, unless the Rookery South access road is constructed pursuant to the Rookery South (Resource Recovery Facility) Order 2011, the access road visibility splay must be kept clear at all times of obstructions, buildings and vegetation that may obstruct or impair visibility from or to Green Lane to or from numbered work 2.

Fencing and other means of site perimeter enclosure

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• (1) Each of numbered works 1, 3A, 4, 5, 6 and 7 of the authorised development must not commence until written details of all proposed permanent and temporary fences, walls or other means of enclosure for that numbered work have been submitted to and approved by Central Bedfordshire Council.

• (2) Numbered work 2A of the authorised development must not commence until written details of any proposed permanent fence or other means of enclosure for that numbered work have been submitted to and approved by Central Bedfordshire Council (and approved by Network Rail in accordance with paragraph 68 of Schedule 10).

• (3) Any construction sites must remain securely fenced at all times during construction of the authorised development.

• (4) The fencing and other means of enclosure must be constructed and maintained in accordance with the approved details.

Surface and foul water drainage

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• (1) Each of numbered works 1, 2, 3A... and 6 must not commence until, for that numbered work, written details of the surface and foul water drainage strategy, which shall incorporate appropriate elements of the low level restoration scheme drainage strategy where applicable, for the construction and operational phases of the authorised development have been submitted to and approved by Central Bedfordshire Council.

• (2) The surface and foul water drainage system must be constructed in accordance with the approved details before the operational phase of that part of the authorised development commences.

Contamination and groundwater

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• (1) Each of numbered works 1 to 8 must not commence until, for that numbered work, a scheme (which may be included in the construction environment management plan) to deal with the contamination of any land, including groundwater, which is likely to cause significant harm to persons or significant pollution of controlled waters or the environment and ground conditions relevant to foundation design and ground stability has been submitted to and approved in writing by Central Bedfordshire Council.

• (2) The scheme must include an investigation and assessment report, prepared by a specialist consultant approved by Central Bedfordshire Council, to include groundwater baseline monitoring and assessment and to identify the extent of any contamination and the remedial measures to be taken to render the land fit for its intended purpose, together with a management plan which sets out long-term measures with respect to any contaminants remaining on the site.

• (3) The scheme must include an investigation and assessment report to identify ground conditions and ground stability matters and must identify appropriate foundation design measures.

• (4) Remediation must be carried out in accordance with the approved scheme.

• (5) Foundation design measures must be carried out in accordance with the approved scheme.

Archaeology

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• (1) Each of numbered works 3A, 4A and 6 of the authorised development must not commence until, for that numbered work, a written scheme of archaeological investigation has been submitted to and approved in writing by Central Bedfordshire Council. The submitted written scheme of archaeological investigation must include the following –

• (a) provision to be made for a programme of excavation fieldwork and post-excavation assessment should significant archaeological remains be encountered, and where warranted post-excavation analysis;

• (b) provision to be made for publication and dissemination of the results of any assessment made pursuant to sub-paragraph (a), including for public benefit and understanding, should the nature of the archaeology warrant it; and

• (c) provision to be made for the deposition of the finds assemblage and the site archive.

• (2) The archaeological investigation must be carried out in accordance with the approved scheme.

Construction Environment Management Plan

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• (1) Each of numbered works 1 to 8 of the authorised development must not commence until a construction environment management plan covering that numbered work has been submitted to and approved by the relevant planning authorities. The final construction environment management plan must be substantially in accordance with the outline construction environment management plan and must include the following—

• (a) the construction and phasing programme;

• (b) liaison procedures to discuss and agree all relevant construction aspects with the relevant planning authorities;

• (c) complaints procedures;

• (d) nuisance management including measures to avoid or minimise the impacts of construction works (covering dust, lighting, noise and vibration);

• (e) waste management;

• (f) an assessment of the site specific risks to and mitigation measures designed to protect controlled waters (surface and groundwaters) including pollution incident control;

• (g) procedure for crossing watercourses (by reference to best practice methods);

• (h) landscape and visual impact mitigation (specifically the protection of trees and hedgerows to be retained in accordance with BS 5837: 2012 (or its updates) and a scheme to minimise visual intrusion of the construction works);

• (i) security measures;

• (j) measures for the maintenance of construction equipment;

• (k) restoration of site following completion of construction; and

• (l) liaison procedures with all other contractors working within Rookery Pit regarding programmed construction movements and processes.

• (2) All construction works must be undertaken in accordance with the approved construction environment management plan.

Construction traffic management plan

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• (1) Each of numbered works 1 to 8 of the authorised development must not commence until, for that numbered work, a construction traffic management plan has been submitted to and approved by the relevant planning authorities in consultation with the relevant highway authorities and Marston Moreteyne Parish Council (and approved by Network Rail in accordance with paragraph 70 of Schedule 10). The construction traffic management plan must be substantially in accordance with the outline construction traffic management measures and must include the following—

• (a) construction vehicle routing plans;

• (b) site access plans;

• (c) measures to ensure the protection of users of any footpath within the Order limits which may be affected by the construction of the authorised development;

• (d) proposals for the management of junctions to and crossings of highways and other public rights of way;

• (e) proposals for the scheduling and timing of movements of heavy commercial vehicles (as defined in section 138 of the 1984 Act) relating to the construction of the authorised development including details of abnormal indivisible loads and, if applicable, taking into account the anticipated scheduling and timing of movements of any heavy commercial vehicles (as defined in section 138 of the 1984 Act) relating to the construction of the development authorised by the Rookery South (Resource Recovery Facility) Order 2011;

• (f) details of escorts for abnormal indivisible loads;

• (g) proposals for temporary warning signs and banksman and escort details;

• (h) details of any temporary or permanent improvements to highways;

• (i) proposals for traffic management controls (such as temporary signals), diversion routes and signage required during any of the activities, operations or works associated with the creation or upgrading of any permanent or temporary means of access pursuant to this Order;

• (j) proposals for traffic management controls (such as temporary signals) to ensure the safe operation of Green Lane level crossing;

• (k) proposals for signage at suitable intervals along the Rookery South access road or numbered work 2A (as appropriate) restricting the speed of vehicles using the Rookery South access road or numbered work 2A (as appropriate) in connection with the construction of the authorised development such speed limit to be no more than 15 miles per hour; and

• (l) details of any amendments required by Network Rail pursuant to paragraph 70(4) of Part 7 of Schedule 10 (protective provisions) and an explanation of how such amendments have been taken into account.

• (2) The construction traffic management plan must be implemented as approved.

Control of noise during operation

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• (1) Prior to the date of final commissioning a written noise scheme providing for the control of noise generated during the operation of the authorised development must be submitted to and approved by Central Bedfordshire Council. The noise scheme must include the following:

• (a) the locations at which noise will be monitored;

• (b) the defined representative background sound level at South Pillinge Farm house;

• (c) the method of noise measurement (which must be in accord with BS 4142:2014, an equivalent successor standard or other agreed noise measurement methodology appropriate to the circumstances) and when such measurements will be carried out; and

• (d) a complaints procedure.

• (2) Except in the case of an emergency, noise (in terms of the BS 4142:2014 rating level) emitted from the operation of the authorised development must be no greater than the defined representative background sound level as approved in the noise scheme submitted pursuant to sub-paragraph (1).

• (3) The noise scheme must be carried out as approved.

Control of noise during construction

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• (1) No part of the authorised development may commence until a written construction noise monitoring scheme providing for the monitoring of noise generated during the construction of the authorised development has been submitted to and approved in writing by Central Bedfordshire Council. The construction noise monitoring scheme must include the following:

• (a) the locations at which the noise will be monitored;

• (b) the frequency of noise monitoring corresponding to the construction programme and the change in plant, equipment and working practices likely to affect noise conditions during the construction programme;

• (c) the defined representative background sound level at South Pillinge Farm house;

• (d) the method of noise measurement and establishment of noise limits (which must be in accordance with BS 5228:2009, an equivalent successor standard or other agreed noise measurement methodology appropriate to the circumstances);

• (e) a procedure for the periodic review of the construction noise monitoring scheme relating to the frequency of noise monitoring and the need for continued monitoring corresponding to the construction programme; and

• (f) a complaints procedure.

• (2) The construction noise monitoring scheme must be carried out as approved.

Construction hours

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• (1) Subject to sub-paragraph (2) no construction work, or the delivery or removal of materials, may take place on any Sunday or public holiday and no construction work, or the delivery or removal of materials, may take place outside the hours of—

• (a) 0700 and 1900 hours on weekdays; and

• (b) 0700 and 1300 hours on Saturdays.

• (2) Sub-paragraph (1) does not prevent construction works, or the delivery or removal of materials, being carried out on public holidays or outside the hours set out in sub-paragraph (1) with the prior written approval of Central Bedfordshire Council.

• (3) Nothing in sub-paragraph (1) precludes a start-up period from 0630 to 0700 and a shut down period from 1900 to 1930 on weekdays (excluding public holidays) and start-up period from 0630 to 0700 and a shut down period from 1300 to 1330 on a Saturday.

Lighting strategy

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• (1) Each of numbered works 1, 3A and 6 must not commence until a written scheme for the management and mitigation of artificial light emissions for that numbered work which is substantially in accordance with the outline lighting strategy has been submitted to and approved by Central Bedfordshire Council.

• (2) The approved scheme for the management and mitigation of artificial light emissions must be implemented before and maintained during the operation of the relevant numbered work.

Construction Travel Plan

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• (1) Each of numbered works 1 to 8 of the authorised development must not commence until, for that numbered work, a construction worker travel plan has been submitted to and approved by the relevant planning authorities. The construction worker travel plan must be substantially in accordance with the outline travel plan (other than the measures which relate to the operational phase).

• (2) The construction worker travel plan must be carried out as approved.

Operating hours

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Subject to requirement 19, the undertaker is not permitted to operate the generating station comprised in the authorised development for a greater number of hours than that assessed in the environmental statement.

Decommissioning strategy

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• (1) Subject to obtaining the necessary consents and unless otherwise agreed with Central Bedfordshire Council, within twenty four months of the Order land ceasing to be used for the purposes of electricity generation (either actively generating electricity or being available to generate electricity on a standby basis), a scheme for the demolition and removal of numbered work 1 must be submitted to Central Bedfordshire Council.

• (2) The demolition and removal of numbered work 1 must be implemented in accordance with the approved scheme.

• (3) On the one year anniversary of the Order land ceasing to be used for the purposes of electricity generation (either actively generating electricity or being available to generate electricity on a standby basis) the undertaker must notify Central Bedfordshire Council of the same.

Amendments to approved details

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• (1) Subject to paragraph (2), with respect to the approved plans specified in requirement 2(1), the parameters specified in requirement 2(2), any details requiring compliance within any other requirement and any other plans, details or schemes which require approval by the relevant planning authorities pursuant to any other requirement (the “Approved Plans, Parameters, Details or Schemes”), the undertaker may submit to the relevant planning authorities for approval any amendments to the Approved Plans, Parameters, Details or Schemes and following any such approval by the relevant planning authorities the Approved Plans, Parameters, Details or Schemes is to be taken to include the amendments approved pursuant to this subparagraph.

• (2) Approval under sub-paragraph (1) must not be given except where it has been demonstrated to the satisfaction of the relevant planning authorities that the subject-matter of the approval sought is unlikely to give rise to any materially new or materially different environmental effects in comparison with the authorised development as approved (as identified in the environmental statement).

Low Level Restoration Scheme

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No part of the authorised development may commence until the low level restoration scheme baseline works have been completed to the reasonable satisfaction of Central Bedfordshire Council.

Air Safety

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Numbered work 1A(b) of the authorised development must not commence until the following details have been submitted to the Defence Geographic Centre:

• (a) the precise location of numbered work 1A(b);

• (b) the date of commencement of construction of numbered work 1A(b);

• (c) the anticipated date of completion of construction of numbered work 1A(b);

• (d) the height above ground level of the tallest structure; and

• (e) the maximum extension height of any construction equipment.

SCHEDULE 3 — STREETS SUBJECT TO PERMANENT AND TEMPORARY ALTERATION OF LAYOUT

PART 1 — PERMANENT ALTERATION OF LAYOUT

(1)Area	(2)Street subject to alteration of layout	(3)Description of alteration
Central Bedfordshire Council	Green Lane	Installation of signage and markings between the points marked A and B on the rights of way, streets and access plan to facilitate the construction and operation of numbered work 2.
Bedford Borough Council	Green Lane	Installation of signage and markings between the points marked A and B on the rights of way, streets and access plan to facilitate the construction and operation of numbered work 2.
Central Bedfordshire Council	Green Lane	Creation of new access comprising part of numbered work 2A including the lowering of the levels of the kerb between the points marked C and D on the rights of way, streets and access plan to provide permanent access to numbered work 1.
Central Bedfordshire Council	Access Road serving Rookery North and South Pits	Creation of new access comprising part of numbered work 2A including the lowering of the levels of the kerb between the points marked E and F on the rights of way, streets and access plan to provide permanent access to numbered work 1.
Central Bedfordshire Council	Access Road serving Rookery North and South Pits	Creation of new access comprising part of numbered work 2 between the points marked G and I on the rights of way, streets and access plan to provide permanent access to numbered work 1.
Central Bedfordshire Council	Access track leading from Houghton Lane to Park Farm	Upgrading the existing access comprising numbered work 3B between the points marked MM and NN on the rights of way, streets and access plan to provide permanent access to numbered work 3A.
Central Bedfordshire Council	Houghton Lane	Upgrading the existing access comprising numbered work 3B between the points marked OO and PP on the rights of way, streets and access plan to provide permanent access to numbered work 3A.
Central Bedfordshire Council	Access track leading from Houghton Lane to Park Farm	Creation of new access comprising part of numbered work 3B between the points marked QQ and RR on the rights of way, streets and access plan to provide permanent access to numbered work 3A.
Central Bedfordshire Council	low level restoration scheme secondary access track	Creation of new access comprising part of numbered work 6 within the area shown on the rights of way, streets and access plan with orange hatching to provide permanent access to numbered work 6(a).
Central Bedfordshire Council	Station Lane	Creation of new access comprising part of numbered work 6 between the points marked SS and TT on the rights of way, streets and access plan to provide permanent access to numbered work 6(a).

PART 2 — TEMPORARY ALTERATION OF LAYOUT

(1) Area	(2) Street subject to alteration of layout	(3) Description of alteration
Central Bedfordshire Council	Access track leading from Houghton Lane to Park Farm	Creation of new access comprising part of numbered work 3B between the points marked RR and NN on the rights of way, streets and access plan to provide construction access to numbered work 3A.
Central Bedfordshire Council	Houghton Lane	Creation of new access comprising part of numbered work 4A between the points marked GG and HH on the rights of way, streets and access plan to provide construction access both north and south of Houghton Lane.

SCHEDULE 4 — STREETS SUBJECT TO STREET WORKS

(1)Area	(2)Street Subject to Street Works	(3)Description of the street works
Central Bedfordshire Council	Green Lane	Works to enable the creation of an access and to place and maintain apparatus (comprising numbered work 2A) for use during construction and operation between the points marked A and B and C and D on the rights of way, streets and access plan.
Bedford Borough Council	Green Lane	Works to enable the creation of an access and to place and maintain apparatus (comprising numbered work 2A) for use during construction and operation between the points marked A and B on the rights of way, streets and access plan.
Central Bedfordshire Council	Access Road serving Rookery North and South Pits	Works to enable the creation of an access and to place and maintain apparatus (comprising numbered work 2A) for use during construction and operation between the points marked E and F on the rights of way, streets and access plan.
Central Bedfordshire Council	Access Road serving Rookery North and South Pits	Works to maintain the existing access and to place and maintain apparatus (comprising numbered work 2A) for use during construction and operation between the points marked F and G on the rights of way, streets and access plan.
Central Bedfordshire Council	Established agricultural access tracks between South Pillinge Farm and Rookery South Pit	Works for numbered work 5 to be installed in the street between the points marked J and K on the rights of way, streets and access plan.
Central Bedfordshire Council	Established agricultural access tracks between South Pillinge Farm and Rookery South Pits	Works for numbered work 5 to be installed in the street between the points marked L and M on the rights of way, streets and access plan.
Central Bedfordshire Council	Public Footpath 65	Works for numbered work 4A to be installed in the street between the points marked O and P on the rights of way, streets and access plan.
Central Bedfordshire Council	Houghton Lane	Works for numbered work 4A to be installed under the street between the points marked GG and HH on the rights of way, streets and access plan.
Central Bedfordshire Council	Public Footpath 7	Works for numbered work 4A to be installed in the street between the points marked JJ and KK on the rights of way, streets and access plan.
Central Bedfordshire Council	Access track leading from Houghton Lane to Park Farm	Works to upgrade the existing access (comprising numbered work 3B) and to place and maintain apparatus for use during construction and operation and works for numbered work 4A to be installed in the street between the points marked MM and NN on the rights of way, streets and access plan.
Central Bedfordshire Council	Houghton Lane	Works to upgrade the existing junction (comprising numbered work 3B) for use during construction and operation between the points marked OO and PP on the rights of way, streets and access plan.
Central Bedfordshire Council	Access track leading from Houghton Lane to Park Farm	Works to enable the creation of an access (comprising numbered work 3B) for use during operation between the points marked QQ and RR on the rights of way, streets and access plan.
Central Bedfordshire Council	Access track leading from Houghton Lane to Park Farm	Works to enable the creation of an access (comprising numbered work 3B) for use during construction between the points marked RR and NN on the rights of way, streets and access plan.
Central Bedfordshire Council	low level restoration scheme secondary access track	Works for numbered work 4A to be installed in the street between the points marked BB and CC on the rights of way, streets and access plan.
Central Bedfordshire Council	low level restoration scheme secondary access track	Works for numbered work 4A to be installed in the street between the points marked CC and DD on the rights of way, streets and access plan.
Central Bedfordshire Council	low level restoration scheme secondary access track	Works to enable the creation of an access (comprising part of numbered work 6) within the area shown on the rights of way, streets and access plan with orange hatching to provide permanent accesses to numbered work 6(a).
Central Bedfordshire Council	Houghton Lane	Works to enable the creation of an access (comprising part of numbered work 4A) for use during construction between the points marked GG and HH on the rights of way, streets and access plan.
Central Bedfordshire Council	Station Lane	Works to enable the creation of an access (comprising part of numbered work 6) between the points marked SS and TT on the rights of way, streets and access plan to provide permanent accesses to numbered work 6(a).

SCHEDULE 5 — ACCESS

PART 1 — THOSE PARTS OF THE ACCESSES TO BE MAINTAINED AT THE PUBLIC EXPENSE

(1) Location	(2) Street	(3) Description of relevant part of access
Central Bedfordshire Council	Green Lane	The signage and markings installed in the area hatched blue between points A and B as shown on the rights of way, streets and access plan.
Bedford Borough Council	Green Lane	The signage and markings installed in the area hatched magenta between points A and B as shown on the rights of way, streets and access plan.
Central Bedfordshire Council	Houghton Lane	The upgraded access constituting part of numbered work 3B and shown on the rights of way, streets and access plan hatched blue between points OO and PP.

PART 2 — THOSE PARTS OF THE ACCESSES TO BE MAINTAINED BY THE STREET AUTHORITY

(1)Location	(2)Street	(3)Description of access
Central Bedfordshire Council	Green Lane	The access constituting part of numbered work 2A and shown on the rights of way, streets and access plan hatched red between points C and D.
Central Bedfordshire Council	Access Road serving Rookery North and South Pits	The access constituting part of numbered work 2A and shown on the rights of way, streets and access plan hatched red between points E and F.
Central Bedfordshire Council	Access Road serving Rookery North and South Pits	The access constituting part of numbered work 2A and shown on the rights of way, streets and access plan hatched red between points F and G.
Central Bedfordshire Council	Access Road serving Rookery North and South Pits	The access constituting part of numbered work 2B and shown on the rights of way, streets and access plan hatched red between points G and I.
Central Bedfordshire Council	Access track leading from Houghton Lane to Park Farm	The access constituting part of numbered work 3B and shown on the rights of way, streets and access plan hatched red between points MM and NN.
Central Bedfordshire Council	low level restoration scheme secondary access track and/or the new access track from Station Lane	The access to the substation constituting part of numbered work 6 to be provided within the area shown on the rights of way, streets and access plan hatched orange and/or coloured orange and hatched red.

PART 3 — THOSE WORKS TO RESTORE TEMPORARY ACCESSES WHICH WILL BE MAINTAINED BY THE STREET AUTHORITY

(1) Area	(2) Street subject to alteration of layout	(3) Description of alteration
Central Bedfordshire Council	Access track leading from Houghton Lane to Park Farm	The creation of a temporary access comprising part of numbered work 3B and shown on the rights of way, streets and access plan hatched red between points marked RR and NN to provide temporary access to numbered work 3A.
Central Bedfordshire Council	Houghton Lane	Creation of temporary access comprising part of numbered word 4A between the points marked GG and HH on the rights of way, streets and access plan to provide construction access both north and south of Houghton Lane.

SCHEDULE 6 — TEMPORARY PROHIBITION OR RESTRICTION OF THE USE OF STREETS

(1) Area	(2) Street subject to temporary prohibition or restriction of use	(3) Extent of temporary prohibition or restriction of use of streets
Central Bedfordshire Council	Green Lane	Prohibition/Restriction: From the points marked A to B on the rights of way, streets and access plan being approximately 250m.
Central Bedfordshire Council	Green Lane	Purpose of the Prohibition/Restriction: Temporary closure(s) of part of the street and restriction of the use of the street (including the use of traffic management measures) in order to facilitate the construction of the authorised development.
Bedford Borough Council	Green Lane	Prohibition/Restriction: From the points marked A to B on the rights of way, streets and access plan being approximately 250m.
Bedford Borough Council	Green Lane	Purpose of the Prohibition/Restriction: Temporary closure(s) of part of the street and partial restriction of the use of the street (including the use of traffic management measures) in order to facilitate the construction of the authorised development.
Central Bedfordshire Council	Access Road serving Rookery North and South Pits including footpath(s)	Prohibition/Restriction: From the points marked E to F on the rights of way, streets and access plan being approximately 33m.
Central Bedfordshire Council	Access Road serving Rookery North and South Pits including footpath(s)	Purpose of the Prohibition/Restriction: Temporary closure(s) of part of the street and partial restriction of the use of the street (including the use of traffic management measures) in order to facilitate the construction of the authorised development.
Central Bedfordshire Council	Access Road serving Rookery North and South Pits including footpath(s)	Prohibition/Restriction: From the points marked F to G on the rights of way, streets and access plan being approximately 844m.
Central Bedfordshire Council	Access Road serving Rookery North and South Pits including footpath(s)	Purpose of the Prohibition/Restriction: Temporary closure(s) of part of the street and partial restriction of the use of the street (including the use of traffic management measures) in order to facilitate the construction of the authorised development.
Central Bedfordshire Council	Established agricultural access tracks between South Pillinge Farm and Rookery South Pit	Prohibition/Restriction: From the points marked J to K on the rights of way, streets and access plan being approximately 132m.
Central Bedfordshire Council	Established agricultural access tracks between South Pillinge Farm and Rookery South Pit	Purpose of the Prohibition/Restriction: Temporary closure(s) of all or part of the street and restriction on the use of the street in order to facilitate the construction of numbered works 5, 6 and 7.
Central Bedfordshire Council	Established agricultural access tracks between South Pillinge Farm and Rookery South Pit	Prohibition/Restriction: From the points marked L to M on the rights of way, streets and access plan being approximately 100m
Central Bedfordshire Council	Established agricultural access tracks between South Pillinge Farm and Rookery South Pit	Purpose of the Prohibition/Restriction: Temporary closure(s) of all or part of the street and restriction on the use of the street in order to facilitate the construction of numbered works 5, 6 and 7.
Central Bedfordshire Council	Public Footpath 65	Prohibition/Restriction: From the points marked N to O on the rights of way, streets and access plan being approximately 10m
Central Bedfordshire Council	Public Footpath 65	Purpose of the Prohibition/Restriction: Temporary closure(s) of all or part of the public footpath and restriction of the use of the public footpath in order to facilitate the construction of numbered work 4A.
Central Bedfordshire Council	Public Footpath 65	Prohibition/Restriction: From the points marked O to P on the rights of way, streets and access plan being approximately 30m.
Central Bedfordshire Council	Public Footpath 65	Purpose of the Prohibition/Restriction: Temporary closure(s) of all or part of the public footpath and restriction of the use of the public footpath in order to facilitate the construction of numbered work 4A.
Central Bedfordshire Council	Public Footpath 65	Prohibition/Restriction: From the points marked P to Q on the rights of way, streets and access plan being approximately 10m.
Central Bedfordshire Council	Public Footpath 65	Purpose of the Prohibition/Restriction: Temporary closure(s) of all or part of the public footpath and restriction of the use of the public footpath in order to facilitate the construction of numbered work 4A.
Central Bedfordshire Council	Layby on Station Road	Prohibition/Restriction: From the points marked R to S on the rights of way, streets and access plan being approximately 25m.
Central Bedfordshire Council	Layby on Station Road	Purpose of the Prohibition/Restriction: Temporary closure(s) of all or part of the street and restriction on the use of the street in order to facilitate the construction and then removal of numbered work 7.
Central Bedfordshire Council	Station Lane	Prohibition/Restriction: From the points marked T to U on the rights of way, streets and access plan being approximately 195m.
Central Bedfordshire Council	Station Lane	Purpose of the Prohibition/Restriction: Temporary closure(s) of all or part of the street and restriction of the use of the street (including the use of traffic management measures) in order to facilitate the construction and then removal of numbered work 7.
Central Bedfordshire Council	Public Footpath 7 and low level restoration scheme secondary access track	Prohibition/Restriction: From the points marked V to W on the rights of way, streets and access plan being approximately 20 m
Central Bedfordshire Council	Public Footpath 7 and low level restoration scheme secondary access track	Purpose of the Prohibition/Restriction: Temporary closure(s) of all or part of the street and public footpath and restriction of the use of the street and public footpath in order to facilitate the construction and then removal of numbered work 7 and the construction of numbered work 6.
Central Bedfordshire Council	Public Footpath 14	Prohibition/Restriction: From the points marked X to Y on the rights of way, streets and access plan being approximately 168m.
Central Bedfordshire Council	Public Footpath 14	Purpose of the Prohibition/Restriction: Temporary closure(s) of all or part of the public footpath and restriction of the use of the public footpath in order to facilitate the construction and then removal of numbered work 7 and the construction of numbered work 6.
Central Bedfordshire Council	low level restoration scheme secondary access track	Prohibition/Restriction: From the points marked BB to DD on the rights of way, streets and access plan being approximately 260m.
Central Bedfordshire Council	low level restoration scheme secondary access track	Purpose of the Prohibition/Restriction: Temporary closure(s) of all or part of the track and restriction of the use of the track (including the use of traffic management measures) in order to facilitate the construction of the authorised development.
Central Bedfordshire Council	Established agricultural access track adjacent to plantation leading from Station Lane	Prohibition/Restriction: From the points marked EE to FF on the rights of way, streets and access plan being approximately 140m.
Central Bedfordshire Council	Established agricultural access track adjacent to plantation leading from Station Lane	Purpose of the Prohibition/Restriction: Temporary closure(s) of all or part of the street and restriction on the use of the street in order to facilitate the construction of numbered works 6 and 7.
Central Bedfordshire Council	Houghton Lane	Prohibition/Restriction: From the points marked GG to HH on the rights of way, streets and access plan being approximately 30m.
Central Bedfordshire Council	Houghton Lane	Purpose of the Prohibition/Restriction: Temporary closure(s) of all or part of the street and restriction on the use of the street in order to facilitate the construction of numbered work 4A.
Central Bedfordshire Council	Public Footpath 7	Prohibition/Restriction: From the points marked II to JJ on the rights of way, streets and access plan being approximately 32m.
Central Bedfordshire Council	Public Footpath 7	Purpose of the Prohibition/Restriction: Temporary closure(s) of all or part of the public footpath and restriction of the use of the public footpath in order to facilitate the construction of numbered work 4A.
Central Bedfordshire Council	Public Footpath 7	Prohibition/Restriction: From the points marked JJ to KK on the rights of way, streets and access plan being approximately 35m.
Central Bedfordshire Council	Public Footpath 7	Purpose of the Prohibition/Restriction: Temporary closure(s) of all or part of the public footpath and restriction of the use of the public footpath in order to facilitate the construction of numbered work 4A.
Central Bedfordshire Council	Public Footpath 7	Prohibition/Restriction: From the points marked KK to LL on the rights of way, streets and access plan being approximately 12m.
Central Bedfordshire Council	Public Footpath 7	Purpose of the Prohibition/Restriction: Temporary closure(s) of all or part of the public footpath and restriction of the use of the public footpath in order to facilitate the construction of numbered work 4A.
Central Bedfordshire Council	Access track leading from Houghton Lane to Park Farm	Prohibition/Restriction: From the points marked MM to NN on the rights of way, streets and access plan being approximately 155m.
Central Bedfordshire Council	Access track leading from Houghton Lane to Park Farm	Purpose of the Prohibition/Restriction: Temporary closure(s) of all or part of the street and restriction on the use of the street in order to facilitate the construction of numbered work 3 and numbered work 4.
Central Bedfordshire Council	Houghton Lane	Prohibition/Restriction: From the points marked OO to PP on the rights of way, streets and access plan being approximately 25m.
Central Bedfordshire Council	Houghton Lane	Purpose of the Prohibition/Restriction: Temporary closure(s) of all or part of the street and restriction on the use of the street (including the use of traffic management measures) in order to facilitate the construction of numbered work 3.

SCHEDULE 7 — STREETS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

(1) Area	(2) Street to be stopped up	(3) Extent of stopping up	(4) New street to be substituted
Central Bedfordshire Council	low level restoration scheme secondary access track	From the points marked Z to AA on the rights of way, streets and access plan being approximately 110m.	Commencing at point Z and finishing at point AA using a route within the area marked with orange hatching on the rights of way, streets and access plan.

SCHEDULE 8 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF NEW RESTRICTIONS

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 to the scope of paragraph 1, the Land Compensation Act 1973 has effect subject to the modifications set out in sub-paragraph (2).

• (2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 of the 1965 Act as substituted by paragraph 5(3)—

• (a) for the words “land is acquired or taken” there are substituted the words “ a right or restrictive covenant over land is purchased from or imposed on ”; and

• (b) for the words “acquired or taken from him” there are substituted the words “ over which the right is exercisable or the restrictive covenant enforceable ”.

3

• (1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1961 has effect subject to the modification set out in sub-paragraph (2) .

• (2) For section 5A (5A) (relevant valuation date) of the 1961 Act, for (a) and (b) substitute—

(a) the acquiring authority enters on land for the purpose of exercising a right in pursuance of a notice of entry under section 11(1) of the 1965 Act (as modified by paragraph 5(5) of Schedule 8 to the Millbrook Gas Fired Generating Station Order 2019; and (b) the acquiring authority is subsequently required by a determination under paragraph 12 of Schedule 2A to the 1965 Act (as substituted by paragraph 5(8) of Schedule 8 to the Millbrook Gas Fired Generating Station Order 2019 to acquire an interest in the land, and (c) the acquiring authority enters on and takes possession of that land, the authority is deemed for the purposes of subsection (3)(a) to have entered on that land where it entered on that land for the purpose of exercising that right.

Application of Part 1 of the 1965 Act

4

Part 1 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act, as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (and modified by article 25 (modification of Part 1 of the Compulsory Purchase Act 1965)) to the acquisition of land under article 18 (compulsory acquisition of land etc.), applies to the compulsory acquisition of a right by the creation of a new right, or to the imposition of a restrictive covenant under article 21 (compulsory acquisition of rights)—

• (a) with the modification specified in paragraph 5; and

• (b) with such other modifications as may be necessary.

5

• (1) The modifications referred to in paragraph 4(a) are as follows.

• (2) References in the 1965 Act to land are, in the appropriate contexts, to be read (according to the requirements of the particular context) as referring to, or as including references to—

• (a) the right acquired or to be acquired, or the restrictive covenant imposed or to be imposed; or

• (b) the land over which the right is or is to be exercisable, or the restrictive covenant is or is to be enforceable.

• (3) For section 7 of the 1965 Act (measure of compensation in case of severance) there is substituted the following section—

(7) In assessing the compensation to be paid by the acquiring authority under this Act, regard must be had not only to the extent (if any) to which the value of the land over which the right is to be acquired or the restrictive covenant is to be imposed is depreciated by the acquisition of the right or the imposition of the covenant but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.

• (4) The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say—

• (a) section 9(4) (failure by owners to convey);

• (b) paragraph 10(3) of Schedule 1 (owners under incapacity);

• (c) paragraph 2(3) of Schedule 2 (absent and untraced owners); and

• (d) paragraphs 2(3) and 7(2) of Schedule 4 (common land),

are so modified 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.

• (5) Section 11 (powers of entry) of the 1965 Act is modified as to secure that, where the acquiring authority has served notice to treat in respect of any right or restrictive covenant, as well as the notice of entry required by subsection (1) of that section (as it applies to compulsory acquisition under article 18 (compulsory acquisition of land), it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant; and sections 11A (powers of entry: further notices of entry), 11B (counter-notice requiring possession to be taken on a specified date), 12 (penalty for unauthorised entry) and 13 (entry on warrant in the event of obstruction) of the 1965 Act are modified correspondingly.

• (6) Section 20 of the 1965 Act (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 or the enforcement of the restrictive covenant in question.

• (7) Section 22 (interests omitted from purchase) of the 1965 Act as modified by article 25(3) (modification of Part 1 of the Compulsory Purchase Act 1965) is also modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired or enforce the restrictive covenant imposed, subject to compliance with that section as respects compensation.

• (8) For schedule 2A to the 1965 Act substitute—

SCHEDULE 2A COUNTER-NOTICE REQUIRING PURCHASE OF LAND (1) (1) This Schedule applies where an acquiring authority serve a notice to treat in respect of a right over, or restrictive covenant affecting, the whole or part of a house, building or factory and have not executed a general vesting declaration under section 4 of the 1981 Act as applied by article 23 (application of the Compulsory Purchase (Vesting Declarations) Act 1981) of the Millbrook Gas Fired Generating Station Order 2019 in respect of the land to which the notice to treat relates. (2) But see article 24(3) (acquisition of subsoil only) of the Millbrook Gas Fired Generating Station Order 2019 which excludes the acquisition of subsoil only from this Schedule. (2) In this Schedule, “house” includes any park or garden belonging to a house. (3) A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the authority to purchase the owner's interest in the house, building or factory. (4) A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served. (5) On receiving a counter-notice, the acquiring authority must decide whether to— (a) withdraw the notice to treat, (b) accept the counter-notice, or (c) refer the counter-notice to the Upper Tribunal. (6) The authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”). (7) If the authority decide to refer the counter-notice to the Upper Tribunal they must do so within the decision period. (8) If the authority do not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period. (9) If the authority serve notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner's interest in the house, building or factory. (10) On a referral under paragraph 7, the Upper Tribunal must determine whether the acquisition of the right or the imposition of the restrictive covenant would— (a) in the case of a house, building or factory, cause material detriment to the house, building or factory, or (b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs. (11) In making its determination, the Upper Tribunal must take into account— (a) the effect of the acquisition of the right or the imposition of the covenant, (b) the use to be made of the right or covenant proposed to be acquired or imposed, and (c) if the right or covenant is proposed to be acquired or imposed for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land. (12) If the Upper Tribunal determines that the acquisition of the right or the imposition of the covenant would have either of the consequences described in paragraph 10, it must determine how much of the house, building or factory the authority ought to be required to take. (13) If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the compulsory purchase order and the notice to treat are to have effect as if they included the owner's interest in that land. (14) (1) If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land. (2) If the acquiring authority withdraws the notice to treat under this paragraph they must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice. (3) Any dispute as to the compensation is to be determined by the Upper Tribunal.

SCHEDULE 9 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

(1) Location	(2) Number of land shown on land plans	(3) Purpose for which temporary possession may be taken	(4) Relevant part of the authorised development
Land forming part of disused clay pit (Rookery Pit) situated to the south of Green Lane and east of South Pillinge Farm, Millbrook	1A_PGP	Temporary use (including the installation and use of site office and welfare facilities) to facilitate numbered work 8	Numbered work 8
Land forming part of disused clay pit (Rookery Pit) situated to the south of Green Lane and north east of South Pillinge Farm, Millbrook	1B_PGP	Temporary use (including the installation and use of site office and welfare facilities) to facilitate numbered work 8	Numbered work 8
Land forming part of disused clay pit (Rookery Pit) situated to the south of Green Lane and north east of South Pillinge Farm, Millbrook	5A_PGP	Temporary use to facilitate construction for numbered work 2A	Numbered work 2A
Land and access track situated to the west of premises known as Moreteyne House and south of Station Lane crossing, Millbrook	1_EC	Temporary use to facilitate construction for numbered works 6 and 7	Part of numbered works 6 and 7
Land forming part of electricity compound overhead transmission lines and pylon situated to the south of premises known as Moreteyne House, Millbrook	2_EC	Temporary use (including the installation and use of a cable winch and the oversailing for the temporary diversion of the existing 400kV transmission line) to facilitate construction for numbered works 6 and 7	Part of numbered works 6 and 7
Land forming part of Millbrook Vehicle Proving Ground and electricity transmission lines situated south of premises known as Moreteyne House, Millbrook, Millbrook	3_EC	Temporary use (including the erection and use of scaffolding, the installation and use of a cable winch and the oversailing for the temporary diversion of the existing 400kV transmission line) to facilitate construction for numbered works 6 and 7	Part of numbered works 6 and 7
Land forming part of public adopted highway known as Statin Lane, part lay-by and overhead electricity transmission lines situated to the east of the Millbrook Vehicle Proving Ground and south of Pillinge Cottages, Millbrook	4_EC	Temporary use (including the erection and use of scaffolding, the installation and use of a cable winch and the oversailing for the temporary diversion of the existing 400kV transmission line) to facilitate construction for numbered works 6 and 7	Part of numbered works 6 and 7
Land forming part of agricultural land and overhead electricity transmission lines and pylon situated to the east of Station Lane and south of South Pillinge Farm, Millbrook	5_EC	Temporary use (including the erection and use of scaffolding, the installation and use of a cable winch and the oversailing for the temporary diversion of the existing 400kV transmission line) to facilitate construction for numbered works 6 and 7	Part of numbered works 6 and 7
Land forming part of disused clay pit (Rookery Pit) situated to the east of South Pillinge Farm, Millbrook	10_EC	Temporary use to facilitate construction for numbered works 5 and 6	Part of numbered works 5 and 6
Land forming part of disused clay pit (Rookery Pit) and overhead electricity transmission lines and access track situated to the east of South Pillinge Farm, Millbrook	11_EC	Temporary use (including the erection and use of scaffolding, the installation and use of a cable winch, the oversailing for the temporary diversion of the existing 400kV transmission line and the passing and re-passing of users of public footpaths) to facilitate construction for numbered works 6 and 7	Part of numbered work 6 and 7
Land forming part of agricultural land, part of public footpath 14, overhead electricity transmission lines and pylon situated to the east of Station Lane, Millbrook	13_EC	Temporary use (including the installation and use of a cable winch, the oversailing for the temporary diversion of the existing 400kV transmission line and the passing and re-passing of users of public footpaths) to facilitate construction for numbered works 6 and 7	Part of numbered work 6 and 7
Land forming part of agricultural land, CLH pipeline system, overhead electricity transmission lines and pylon situated to the north east of Station Lane, Millbrook	14_EC	Temporary use (including the installation and use of a cable winch and the oversailing for the temporary diversion of the existing 400kV transmission line) to facilitate construction for numbered works 6 and 7	Part of numbered works 6 and 7
Land forming part of disused pit (Rookery Pit), tracks, woodland and part of public footpath 15 situated to the west of Midland Main Line Railway north of public footpath 15, Millbrook	1A_GC	Temporary use (including the passing and re-passing of users of public footpaths) to facilitate construction for numbered work 4A	Part of numbered work 4A
Land forming part of disused pit (Rookery Pit), tracks, woodland and part of public footpath 15 situated to the west of Midland Main Line Railway north of public footpath 15, Millbrook	1B_GC	Temporary use (including the passing and re-passing of users of public footpaths) to facilitate construction for numbered work 4A	Part of numbered work 4A
Land forming part of agricultural land, overhead electricity transmission lines and CLH pipeline system situated to the north east of Lower Farm, Millbrook	7A_GC	Temporary use (including installation and use of welfare facilities, use as a construction compound and passing and re-passing of users of public footpaths) to facilitate construction for numbered work 4A	Part of numbered work 4A
Land forming part of agricultural land, overhead electricity transmission lines and CLH pipeline system situated to the north east of Lower Farm, Millbrook	7B_GC	Temporary use (including installation and use of welfare facilities, use as a construction compound and passing and re-passing of users of public footpaths) to facilitate construction for numbered work 4A	Part of numbered work 4A
Land forming part of agricultural land and part of public footpath 7 situated to the north east of Lower Farm, Millbrook	9A_GC	Temporary use (including the installation and use of welfare facilities and passing and re-passing of users of public footpaths) to facilitate construction for numbered work 4A	Part of numbered work 4A
Land forming part of agricultural land and part of public footpath 7 situated to the north east of Lower Farm, Millbrook	9B_GC	Temporary use (including the installation and use of welfare facilities and passing and re-passing of users of public footpaths) to facilitate construction for numbered work 4A	Part of numbered work 4A
Land forming part of access track situated to the east of Lower Farm, Millbrook	9C_GC	Temporary use to facilitate construction for numbered works 3 and 4	Part of numbered works 3 and 4
Land forming part of agricultural land situated to the south east of Lower Farm, Millbrook	12A_GC	Temporary use (including the installation and use of site office and welfare facilities) to facilitate construction for numbered works 3 and 4	Part of numbered works 3 and 4
Land forming part of agricultural land situated to the south east of Lower Farm, Millbrook	12B_GC	Temporary use (including the installation and use of site office and welfare facilities) to facilitate construction for numbered works 3 and 4	Part of numbered works 3 and 4

SCHEDULE 10 — PROTECTIVE PROVISIONS

PART 1 — FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS

1

For the protection of the utility undertakers referred to in this part of this Schedule (save for National Grid Electricity and National Grid Gas which are protected by Part 3 of this Schedule, EPN which is protected by Part 4 of this Schedule, Anglian Water which is protected by Part 5 of this Schedule and Covanta which is protected by Part 7 of this Schedule), the following provisions have effect, unless otherwise agreed in writing between the undertaker and the utility undertakers concerned.

2

In this part of this Schedule—

• “alternative apparatus” means alternative apparatus adequate to enable the utility undertaker in question to fulfil its statutory functions in a manner not less efficient than previously;

• “apparatus” means—in the case of an electricity undertaker, electric lines or electrical plant (as defined in the Electricity Act 1989 ), belonging to or maintained by that utility undertaker;in the case of a gas undertaker, any mains, pipes or other apparatus belonging to or maintained by a gas transporter for the purposes of gas supply;in the case of a water undertaker—mains, pipes or other apparatus belonging to or maintained by that utility undertaker for the purposes of water supply; andany water mains or service pipes (or part of a water main or service pipe) that is the subject of an agreement to adopt made under section 51A (agreements to adopt water main or service pipe at future date) of the Water Industry Act 1991 );in the case of a sewerage undertaker—any drain or works vested in the utility undertaker under the Water Industry Act 1991; andany sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) (adoption of sewers and disposal works) of that Act or an agreement to adopt made under section 104 of that Act,and includes a sludge main, disposal main (within the meaning of section 219 (general interpretation) of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works, and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

• “functions” includes powers and duties;

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

• “utility undertaker” means—any licence holder within the meaning of Part 1 (electricity supply) of the Electricity Act 1989;a gas transporter within the meaning of Part 1 (gas supply) of the Gas Act 1986 ;a water undertaker within the meaning of the Water Industry Act 1991; anda sewerage undertaker within the meaning of Part 1 (preliminary) of the Water Industry Act 1991,

for the area of the authorised development, and in relation to any apparatus, means the utility undertaker to whom it belongs or by whom it is maintained.

3

This part of this Schedule does not apply to apparatus in respect of which the relations between the undertaker and the utility undertaker are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act.

4

Regardless of the temporary prohibition or restriction of use of streets under the powers conferred by article 11 (temporary prohibition or restriction of use of streets), a utility undertaker is at liberty at all times to take all necessary access across any such street and to execute and do all such works and things in, upon or under any such street as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the prohibition or restriction was in that street.

5

Regardless of any provision in this Order or anything shown on the land plans, the undertaker must not acquire any apparatus otherwise than by agreement.

6

• (1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed or over which access to any apparatus is enjoyed or requires that the utility undertaker's apparatus is relocated or diverted, that apparatus must not be removed under this part of this Schedule, and any right of a utility undertaker to maintain that apparatus in that land and to gain access to it must not be extinguished, until alternative apparatus has been constructed and is in operation, and access to it has been provided, to the reasonable satisfaction of the utility undertaker in question in accordance with sub-paragraphs (2) to (7).

• (2) If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, the undertaker must give to the utility undertaker in question written notice of that requirement, together with a plan and section of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order a utility undertaker reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to the utility undertaker the necessary facilities and rights for the construction of alternative apparatus in other land of the undertaker and subsequently for the maintenance of that apparatus.

• (3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2), in the land in which the alternative apparatus or part of such apparatus is to be constructed, the utility undertaker in question must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use reasonable endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed.

• (4) Any alternative apparatus to be constructed in land of the undertaker under this part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between the utility undertaker in question and the undertaker or in default of agreement settled by arbitration in accordance with article 41 (arbitration).

• (5) The utility undertaker in question must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 41 (arbitration), and after the grant to the utility undertaker of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this part of this Schedule.

• (6) Regardless of anything in sub-paragraph (5), if the undertaker gives notice in writing to the utility undertaker in question that it desires itself to execute any work, or part of any work, in connection with the construction or removal of apparatus in any land controlled by the undertaker, that work, instead of being executed by the utility undertaker, must be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the utility undertaker.

• (7) Nothing in sub-paragraph (6) authorises the undertaker to execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or execute any filling around the apparatus (where the apparatus is laid in a trench) within 300 millimetres of the apparatus.

7

• (1) Where, in accordance with the provisions of this part of this Schedule, the undertaker affords to a utility undertaker facilities and rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and the utility undertaker in question or in default of agreement settled by arbitration in accordance with article 41 (arbitration).

• (2) If the facilities and rights to be afforded by the undertaker in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to the utility undertaker in question than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator must make such provision for the payment of compensation by the undertaker to that utility undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

8

• (1) Not less than 28 days before starting the execution of any works in, on or under any land purchased, held, appropriated or used under this Order that are near to, or will or may affect, any apparatus the removal of which has not been required by the undertaker under paragraph (3), the undertaker must submit to the utility undertaker in question a plan, section and description of the works to be executed.

• (2) Those works must be executed only in accordance with the plan, section and description submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by the utility undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the utility undertaker is entitled to watch and inspect the execution of those works.

• (3) Any requirements made by a utility undertaker under sub-paragraph (2) must be made within a period of 21 days beginning with the date on which a plan, section and description under sub-paragraph (1) are submitted to it.

• (4) If a utility undertaker in accordance with sub-paragraph (3) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 1 to 7 apply as if the removal of the apparatus had been required by the undertaker under paragraph 6(2).

• (5) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any works, a new plan, section and description instead of the plan, section and description previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan, section and description.

• (6) The undertaker is not required to comply with sub-paragraph (1) in a case of emergency but in that case it must give to the utility undertaker in question notice as soon as is reasonably practicable and a plan, section and description of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (2) in so far as is reasonably practicable in the circumstances.

9

• (1) Subject to the following provisions of this paragraph, the undertaker must repay to a utility undertaker the reasonable expenses incurred by that utility undertaker in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any such works as are referred to in paragraph 6(2).

• (2) There is to be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this part of this Schedule, that value being calculated after removal.

• (3) If in accordance with the provisions of this part of this Schedule—

• (a) apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or

• (b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 41 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the utility undertaker in question by virtue of sub-paragraph (1) is to be reduced by the amount of that excess.

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

• (a) an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus where such extension is required in consequence of the execution of any such works as are referred to in paragraph 6(2); and

• (b) where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be treated as if it also had been agreed or had been so determined.

• (5) An amount which apart from this sub-paragraph would be payable to a utility undertaker in respect of works by virtue of sub-paragraph (1) if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the utility undertaker any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, is to be reduced by the amount which represents that benefit.

10

• (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any of the works referred to in paragraph 6(2), any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of a utility undertaker, or there is any interruption in any service provided, or in the supply of any goods, by any utility undertaker, the undertaker must—

• (a) bear and pay the cost reasonably incurred by that utility undertaker in making good such damage or restoring the supply; and

• (b) make reasonable compensation to that utility undertaker for any other expenses, loss, damages, penalty or costs incurred by the utility undertaker,

by reason or in consequence of any such damage or interruption.

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

• (3) A utility undertaker must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise is to be made without the consent of the undertaker which, if it withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

11

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

PART 2 — FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

12

• (1) For the protection of any operator, the following provisions have effect, unless otherwise agreed in writing between the undertaker and the operator.

• (2) In this part of this Schedule—

• “the 2003 Act” means the Communications Act 2003 ;

• “electronic communications apparatus” has the same meaning as set out in paragraph 5 (electronic communications apparatus, lines and structures) of the electronic communications code;

• “the electronic communications code” has the same meaning as set out in sections 106 to 119 (electronic communications code) and Schedule 3A (the electronic communications code) of the 2003 Act ;

• “infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7 (infrastructure system) of that code;

• “network” means—so much of a network or infrastructure system provided by an operator as is not excluded from the application of the electronic communications code by a direction under section 106(5) (application of the electronic communications code) of the 2003 Act; anda network which the Secretary of State is providing or proposing to provide;

• “operator” means a person in whose case the electronic communications code is applied by a direction under section 106 of the 2003 Act and who is an operator of a network.

13

The exercise of the powers of article 29 (statutory undertakers) is subject to Part 10 (undertaker's works affecting electronic communications apparatus) of Schedule 3A of the 2003 Act.

14

• (1) Subject to sub-paragraphs (2) to (4), if as the result of the authorised development or its construction, or of any subsidence resulting from any of those works—

• (a) any damage is caused to any electronic communications apparatus belonging to an operator (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works), or other property of an operator; or

• (b) there is any interruption in the supply of the service provided by an operator,

the undertaker must bear and pay the cost reasonably incurred by the operator in making good such damage or restoring the supply and make reasonable compensation to that operator for any other expenses, loss, damages, penalty or costs incurred by it, by reason, or in consequence of, any such damage or interruption.

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

• (3) The operator must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise of the claim or demand is to be made without the consent of the undertaker which, if it withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

• (4) Any difference arising between the undertaker and the operator under this part of this Schedule must be referred to and settled by arbitration under article 41 (arbitration).

15

This part of this Schedule does not apply to—

• (a) any apparatus in respect of which the relations between the undertaker and an operator are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act; or

• (b) any damage, or any interruption, caused by electro-magnetic interference arising from the construction or use of the authorised development.

16

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

PART 3 — FOR THE PROTECTION OF NATIONAL GRID

Application

17

For the protection of National Grid as referred to in this part of this Schedule the following provisions shall, unless otherwise agreed in writing between the undertaker and National Grid, have effect.

Interpretation

18

In this Part of this Schedule—

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

• “apparatus” meanselectric lines or electrical plant as defined in the Electricity Act 1989 , belonging to or maintained by National Grid;mains, pipes or other apparatus belonging to or maintained by National Grid for the purposes of gas supply;

• “authorised development” has the same meaning as in article 2 (interpretation) of this Order and (unless otherwise specified) for the purposes of this Schedule shall include the use and maintenance of the authorised development;

• “functions” includes powers and duties;

• “ground mitigation scheme” means a scheme approved by National Grid (such approval not to be unreasonably withheld or delayed) setting out the necessary measures (if any) for a ground subsidence event;

• “ground monitoring scheme” means a scheme for monitoring ground subsidence which sets out the apparatus which is to be subject to such monitoring, the extent of land to be monitored, the manner in which ground levels are to be monitored, the timescales of any monitoring activities and the extent of ground subsidence which, if exceeded, shall require the promoter to submit for the undertaker's approval a ground mitigation scheme;

• “ground subsidence event” means any ground subsidence identified by the monitoring activities set out in the ground monitoring scheme that has exceeded the level described in the ground monitoring scheme as requiring a ground mitigation scheme;

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