The Southampton to London Pipeline Development Consent Order 2020

Type Statutory-Instrument
Publication 2020-10-07
State In force
Department Queen's Printer of Acts of Parliament
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(1) Plot Reference Number shown on Land Plans (2) Relevant part of the authorised development
Land Plans – Sheet No.1 Land Plans – Sheet No.1
1, 2, 3, 5, 8, 9, 17, 19, 20, 22, 27, 31, 33 Work No. 1A
21 Work Nos. 1A and 4A
28, 29 Work Nos. 1A and 8C
Land Plans – Sheet No.2 Land Plans – Sheet No.2
31, 33, 40, 42, 43, 44, 46, 50, 52, 53, 55, 56, 58, 64, 68, 69, 70 Work No. 1A
34 Work Nos. 1A, 2A and 3A
39, 48, 51 Work Nos. 1A, 2A, 3A and 10A
59 Work Nos. 1A, 4C and 8E
61, 65 Work Nos. 1A, 4B and 8D
66 Work Nos. 1A, 4C and 8E
73 Work Nos. 1A and 8F
Land Plans – Sheet No.3 Land Plans – Sheet No.3
70, 74, 82, 84, 85, 87, 89, 90, 92, 94, 96, 97, 99, 100, 101, 102, 103 Work No. 1A
73 Work Nos. 1A and 8F
77, 78 Work Nos. 1A, 8F and 8G
79 Work Nos. 1A and 8G
114 Work Nos. 1A and 4D
Land Plans – Sheet No.4 Land Plans – Sheet No.4
97, 99, 100, 101, 102, 103, 116, 119, 120, 122, 126, 129, 135, 140, 142, 145, 146, 148, 150, 153 Work No. 1A
109, 111, 112, 113 Work Nos. 1A and 8H
114 Work Nos. 1A and 4D
123, 124, 127, 131 Work Nos. 1A, 8J and 8K
133, 134 Work Nos. 1A and 4E
137, 138A, 138B Work Nos. 1A and 2B
Land Plans – Sheet No.5 Land Plans – Sheet No.5
153, 154, 156, 158, 159, 161, 163, 165, 166, 167, 171 Work No. 1A
Land Plans – Sheet No.6 Land Plans – Sheet No.6
171, 172, 175, 176, 184, 185, 193, 195, 197, 198, 209, 214 Work No. 1A
173, 181 Work Nos. 1A and 8L
182 Work Nos. 1A and 8M
186 Work Nos. 1A and 8N
187, 188, 191 Work Nos. 1A and 8O
199 Work No. 1A
201, 202 Work Nos. 1A and 8P
205, 207 Work Nos. 1A and 8Q
206 Work Nos. 1A, 2C and 10C
210, 212, 217 Work Nos. 1A and 2C
Land Plans – Sheet No.7 Land Plans – Sheet No.7
212, 217 Work Nos. 1A and 2C
218, 219, 221, 231, 235, 236, 238, 239, 240, 241, 242 Work No. 1A
220, 223, 224, 225, 226, 227, 230, 232 Work Nos. 1A, 2C and 10C
Land Plans – Sheet No.8 Land Plans – Sheet No.8
241, 242, 243, 246, 247 Work No. 1A
245, 248, 249 Work Nos. 1A and 8R
Land Plans – Sheet No.9 Land Plans – Sheet No.9
245, 248, 249 Work Nos. 1A and 8R
250, 251, 253, 260, 261, 269, 273, 274, 275 Work No. 1A
257, 259 Work Nos. 1A and 8S
263 Work Nos. 1A and 8T
264 Work Nos. 1A and 4G
267, 268 Work Nos. 1A, 8T and 8U
270 Work Nos. 1A, 4H and 8U
Land Plans – Sheet No.10 Land Plans – Sheet No.10
273, 274, 275, 277, 278, 279, 281, 282, 283, 284, 286, 287, 288, 289, 291, 292, 294, 295, 296, 297D, 297E, 299B Work No. 1A
Land Plans – Sheet No.11 Land Plans – Sheet No.11
296, 299B, 303B, 304, 307B, 312, 314, 319, 321, 322 Work No. 1A
324 Work Nos. 1A and 8Y
325 Work Nos. 1A and 4J
328 Work Nos. 1B, 4K and 8Z
330 Work No. 1B
Land Plans – Sheet No.12 Land Plans – Sheet No.12
328, 329 Work Nos. 1B, 4K and 8Z
330, 333, 334, 335, 336, 339, 346, 347, 350, 352, 353, 355, 356, 357, 370, 371 Work No. 1B
338 Work Nos. 1B and 8AA
342, 343 Work Nos. 1B, 8AA and 8AB
344 Work Nos. 1B and 8AB
361, 362, 363, 364, 365, 366, 367, 368, 369 Work Nos. 1B and 2D
Land Plans – Sheet No.13 Land Plans – Sheet No.13
370, 371, 373, 374, 377, 378, 379, 383, 384, 386, 387, 390, 392, 394, 380A, 380B, 380C, 380D, 382A, 382B Work No. 1B
Land Plans – Sheet No.14 Land Plans – Sheet No.14
390, 392, 394, 397, 398, 400, 401, 404, 406, 407, 409, 410, 413, 414, 416 Work No. 1B
Land Plans – Sheet No.15 Land Plans – Sheet No.15
410, 413, 414, 416, 420, 421, 423, 425, 429, 431, 432, 433, 436, 437 Work No. 1B
430 Work Nos. 1B and 4L
Land Plans – Sheet No.16 Land Plans – Sheet No.16
437, 439, 440, 443, 444, 445, 446, 447, 450, 453, 462 Work No. 1B
449 Work Nos. 1B, 2E, 8AI and 8AJ
454 Work Nos. 1B, 8AI and 8AJ
456 Work Nos. 1B and 4M
Land Plans – Sheet No.17 Land Plans – Sheet No.17
462, 463, 467, 468, 470, 472, 473, 475, 476, 477, 479, 480, 483, 485, 487, 489, 490, 492, 493, 494, 496, 497, 499, 500, 502, 503, 505, 507, 508, 510, 511, 512, 513, 515, 517, 521, 523, 526, 527, 530, 533, 534, 536, 537, 538 Work No. 1B
Land Plans – Sheet No.18 Land Plans – Sheet No.18
538, 541, 542, 543, 544, 548, 549, 553 Work No. 1B
551, 552 Work Nos. 1B and 8AT
554 Work Nos. 1B, 4N and 8AS
Land Plans – Sheet No.19 Land Plans – Sheet No.19
551, 552, 558 Work Nos. 1B and 8AT
553, 560, 562, 564, 569, 571 Work No. 1B
554, 557, 559 Work Nos. 1B, 4N and 8AS
Land Plans – Sheet No.20 Land Plans – Sheet No.20
569, 571, 572, 574, 575, 577, 578 Work No. 1B
580, 594 Work Nos. 1B and 1C
583 Work Nos. 1B, 1C, 2G, 8AV and 10G
587, 590, 593, 595, 596, 597, 599, 600, 601, 603, 605, 606, 607 Work No. 1C
589 Work Nos. 1B, 2G, 8AV and 10G
591 Work Nos. 1C and 4O
Land Plans – Sheet No.21 Land Plans – Sheet No.21
603, 605, 606, 607, 609, 611, 612, 613, 615, 617, 618, 620, 622, 624, 627, 630, 631 Work No. 1C
623 Work Nos. 1C and 8AW
629 Work Nos. 1C, 8AX and 4P
Land Plans – Sheet No.22 Land Plans – Sheet No.22
630, 631, 632, 633, 635, 636 Work No. 1C
Land Plans - Sheet No.23 Land Plans - Sheet No.23
635, 638, 641, 646, 647, 651, 666, 667, 670, 671, 672, 675, 677 Work No. 1C
640 Work Nos. 1C, 8AY and 8AZ
645, 649 Work Nos. 1C and 4Q
650, 653 Work Nos. 1C and 4R
Land Plans – Sheet No.24 Land Plans – Sheet No.24
671, 672, 675, 677, 678, 679, 681, 682, 685, 687, 689, 690, 692, 693, 694, 699 Work No. 1C
688 Work Nos. 1C and 4S
695, 696 Work Nos. 1C, 8BD and 8BE
702 Work Nos. 1C and 8BF
Land Plans – Sheet No.25 Land Plans – Sheet No.25
702 Work Nos. 1C and 8BF
703, 709, 711, 713, 715, 716 Work No. 1C
705, 707 Work Nos. 1C, 8BF and 8BG
708 Work Nos. 1C and 4T
Land Plans – Sheet No.26 Land Plans – Sheet No.26
716, 719, 722, 723, 726, 729, 732, 733, 734 Work No. 1C
725, 728, 730 Work Nos. 1C, 8BH and 8BI
Land Plans – Sheet No.27 Land Plans – Sheet No.27
734, 736, 739, 740, 743, 744, 746, 747, 748, 751 Work No. 1C
737 Work Nos. 1C, 8BJ and 8BK
741 Work Nos. 1C and 8BK
Land Plans – Sheet No.28 Land Plans – Sheet No.28
751, 752, 754, 761, 762 Work No. 1C
755, 756 Work Nos. 1C, 8BL and 8BM
757 Work Nos. 1C, 1D, 8BL and 8BM
763, 765, 766, 769, 770, 772, 774, 775 Work No. 1D
767 Work Nos. 1D, 4U and 8BM
Land Plans – Sheet No.29 Land Plans – Sheet No.29
774, 775, 777, 780, 781, 785, 786, 787, 788, 790, 791, 793, 794, 796, 798, 799, 801, 802, 811, 824, 826, 828, 830, 832, 833, 835, 837, 842 Work No. 1D
804 Work Nos. 1D and 8BR
805, 810 Work Nos. 1D and 4V
806, 807, 808, 809 Work Nos. 1D, 4V and 8BR
814, 818 Work Nos. 1D and 8BS
815, 816, 817, 820, 822, 823 Work Nos. 1D and 8BT
838 Work Nos. 1D and 4W
839 Work Nos. 1D and 8BU
841 Work Nos. 1D and 8BV
Land Plans – Sheet No.30 Land Plans – Sheet No.30
837, 842, 844, 845, 847, 850, 851, 852, 854, 855, 896 Work No. 1D
838 Work Nos. 1D and 4W
839 Work Nos. 1D and 8BU
841 Work Nos. 1D and 8BV
848 Work Nos. 1D and 4X
Land Plans – Sheet No.31 Land Plans – Sheet No.31
930, 932, 934, 936, 937, 938, 939, 941, 942, 944 Work No. 1D
Land Plans – Sheet No.32 Land Plans – Sheet No.32
942, 944, 945, 946, 947, 949, 951, 953, 954, 956, 957, 958, 959, 960, 966, 967, 970 Work No. 1D
961 Work Nos. 1D and 4AA
972A Work Nos. 1D, 6C and 8CY
Land Plans – Sheet No.33 Land Plans – Sheet No.33
989, 992, 998, 1000, 1001, 1003, 1009 Work No. 1D
993 Work Nos. 1D and 4AB
995, 996 Work Nos. 1D, 8CI and 8CH
1004 Work Nos. 1D and 8CJ
1005, 1006 Work Nos. 1D and 8CK
1011 Work No. 1Ei
1012 Work Nos. 1D and 1Ei
1014 Work Nos. 1Ei and 4AC
1015, 1017 Work No. 1Ei
Land Plans – Sheet No.34 Land Plans – Sheet No.34
1017 Work No. 1Ei
Land Plans – Sheet No.37 Land Plans – Sheet No.37
1361, 1363, 1366, 1369, 1372, 1373, 1375, 1380, 1381, 1382, 1383, 1384 Work No. 1Eiii
1368, 1370 Work Nos. 1Eiii, 5U and 9E
1385, 1386, 1387, 1388, 1389, 1390, 1391, 1392 Work No. 1F
Land Plans – Sheet No.38 Land Plans – Sheet No.38
1372, 1380, 1381 Work No. 1Eiii
1375, 1382, 1383 Work Nos. 1Eiii and 9H
1384, 1385, 1386, 1387, 1389, 1390, 1391, 1392 Work Nos. 1F and 9H
1388, 1397, 1398, 1399, 1417 Work No. 1F
1394, 1395 Work Nos. 1F and 5D
Land Plans – Sheet No.39 Land Plans – Sheet No.39
1417 Work No. 1F
Land Plans – Sheet No.40 Land Plans – Sheet No.40
1417, 1421, 1422, 1423, 1424 Work No. 1F
Land Plans – Sheet No.41 Land Plans – Sheet No.41
1445 Work Nos. 1F and 5E
1450, 1451, 1453, 1454, 1455, 1458, 1459, 1464, 1467, 1468, 1470, 1471, 1472, 1473, 1477, 1479, 1480, 1481, 1483, 1484, 1486, 1487, 1488, 1490, 1492, 1493, 1495, 1496, 1497 Work No. 1F
Land Plans – Sheet No.42 Land Plans – Sheet No.42
1496 Work Nos. 1F and 5F
1497, 1504, 1505, 1507, 1508, 1510, 1512, 1549, 1550 Work No. 1F
1499 Work Nos. 1F and 9O
1501 Work Nos. 1F and 9P
Land Plans – Sheet No.43 Land Plans – Sheet No.43
1549, 1550, 1553, 1554, 1556, 1559, 1560, 1563, 1570, 1571, 1572, 1574, 1579, 1581, 1582, 1583, 1585, 1590 Work No. 1F
1565 Work Nos. 1F and 5G
1575, 1577, 1578 Work Nos. 1F and 5H
Land Plans – Sheet No.44 Land Plans – Sheet No.44
1582, 1583, 1585, 1586, 1588, 1589, 1590, 1591, 1592, 1595, 1596, 1600, 1602, 1603, 1604, 1606, 1607, 1609 Work No. 1F
1594, 1598, 1599 Work Nos. 1F and 5I
Land Plans – Sheet 45 Land Plans – Sheet 45
1609, 1611, 1613, 1616, 1618, 1621, 1624, 1626, 1628, 1629, 1633, 1634 Work No. 1F
1619 Work Nos. 1F and 5J
1620 Work Nos. 1F, 5J and 9W
1625, 1627 Work Nos. 1F and 9X
1630, 1631, 1632 Work Nos. 1F and 9Y
Land Plans – Sheet 46 Land Plans – Sheet 46
1634 Work No. 1F
1636, 1637, 1638 Work Nos. 1F and 9Z
1639, 1640 Work Nos. 1F, 5K and 9Z
Land Plans – Sheet 47 Land Plans – Sheet 47
1661, 1663, 1664, 1665, 1666, 1667, 1668, 1676, 1682, 1684, 1685, 1687, 1689 Work No. 1F
1680, 1681, 1692 Work Nos. 1F, 1G and 9AD
1694 Work Nos. 1F and 5L
1700, 1701, 1712 Work Nos. 1F and 1G
1702, 1704, 1708, 1710, 1715, 1723, 1724, 1725, 1726, 1728, 1729, 1733, 1736, 1747, 1748, 1750, 1755, 1734 A, 1734 B Work No. 1G
1714, 1716, 1717, 1718, 1719, 1720, 1721 Work Nos. 1G and 9AF
1730 Work Nos. 1G and 5N
1737, 1738, 1739, 1740, 1741, 1742, 1743, 1744, 1745, 1746 Work Nos. 1G, 9AE and 11D
Land Plans – Sheet 48 Land Plans – Sheet 48
1726, 1729, 1747, 1748, 1750, 1753, 1754, 1755, 1758, 1759, 1786, 1788, 1790, 1792, 1794, 1796, 1797, 1798 Work No. 1G
1752 Work Nos. 1G and 9AF
1800 Work Nos. 1G and 5N
Land Plans – Sheet 49 Land Plans – Sheet 49
1786, 1788, 1790, 1792, 1794, 1796, 1797, 1798 Work No. 1G
1800 Work Nos. 1G and 5N
1846 Work No. 1H
Land Plans – Sheet 50 Land Plans – Sheet 50
1845, 1853, 1857, 1858, 1862, 1863, 1869, 1889 Work No. 1H
1854 Work No. 1H
1856 Work Nos. 1H and 5O
1860 Work Nos. 1H and 5P
1864, 1865, 1866, 1867 Work Nos. 1H and 9AK
Land Plans – Sheet 51 Land Plans – Sheet 51
1869, 1872, 1873, 1880, 1883, 1889, 1890, 1892, 1899 Work No. 1H
1871 Work Nos. 1H and 9AM
Land Plans – Sheet 52 Land Plans – Sheet 52
2046, 2049 Work No. 1H
Land Plans – Sheet 53 Land Plans – Sheet 53
2238 Work No. 1H
Land Plans – Sheet 56 Land Plans – Sheet 56
972A, 972B, 972C Work Nos. 6C and 8CY
Land Plans – Sheet 58 Land Plans – Sheet 58
1661, 1663, 1664, 1665, 1666, 1667, 1668, 1669, 1675, 1676, 1677, 1679, 1682, 1684, 1687 Work No. 1F
1671, 1674 Work Nos. 1F and 9AB
Land Plans – Sheet 59 Land Plans – Sheet 59
563 Work Nos. 1B and 6B
565, 566, 567, 568 Work Nos. 1B, 6B and 8CY
Land Plans – Sheet 101 Land Plans – Sheet 101
854, 856, 858, 859, 862, 863, 864, 871, 874, 877, 878, 879 Work No. 1D
872 Work Nos. 1D and 4Y
Land Plans – Sheet 102 Land Plans – Sheet 102
878, 879, 887, 892, 898, 900, 903, 911, 913, 919, 921, 923, 925, 930, 932 Work No. 1D
896 Work No. 1D
908, 909, 910 Work Nos. 1D and 8CB
914, 920, 928 Work Nos. 1D and 10I
924 Work Nos. 1D and 4Z
929 Work Nos. 1D, 8CC and 8CD
Land Plans – Sheet 103 Land Plans – Sheet 103
978, 985, 986, 987 Work No. 1D
989 Work Nos. 1D and 10J
Land Plans – Sheet 104 Land Plans – Sheet 104
1017, 1019, 1021, 1023, 1025, 1026, 1028, 1029, 1030, 1044, 1059, 1068, 1093, 1098 Work No. 1Ei
1022 Work Nos. 1Ei and 8CL
1072, 1075, 1077, 1079, 1081, 1083, 1085, 1088, 1091, 1092 Work Nos. 1Ei and 8CN
1095 Work Nos. 1Ei, 4AD and 8CO
1100 Work Nos. 1Ei and 4AD
Land Plans – Sheet 105 Land Plans – Sheet 105
1100 Work Nos. 1Ei and 4AD
1139, 1150, 1151, 1154, 1155, 1157, 1160, 1161, 1164 Work No. 1Ei
1159 Work Nos. 1Ei and 4AE
Land Plans –Sheet 106 Land Plans –Sheet 106
1160, 1162, 1164, 1165, 1169 Work No. 1Ei
1170, 1173 Work Nos. 1Ei and 8CQ
Land Plans – Sheet 107 Land Plans – Sheet 107
1170 Work Nos. 1Ei and 8CQ
1171, 1173, 1174, 1192 Work No. 1Ei
1227, 1229, 1232, 1237, 1241, 1245 Work Nos. 1Ei and 8CS
1262, 1267 Work Nos. 1Ei and 8CV
Land Plans – Sheet 108 Land Plans – Sheet 108
1174, 1192 Work No. 1Ei
1254, 1255, 1258, 1260, 1261 Work No. 1Eii
1267 Work Nos. 1Eii, 8CS and 8CV
1272 Work Nos. 1Eii and 9A
1277, 1278 Work Nos. 1Eii and 8CT
Land Plans – Sheet 109 Land Plans – Sheet 109
1281 Work Nos. 1Eii and 1Eiii
1282 Work No. 1Eiii
1284 Work No. 1Eii
1296, 1297, 1298 Work Nos. 1Eii and 9C
Land Plans – Sheet 110 Land Plans – Sheet 110
1262, 1264, 1265, 1266, 1268, 1272 Work Nos. 1Eii and 9A
1267 Work Nos. 1Eii and 8CV
1281, 1282 Work No. 1Eiii
Land Plans – Sheet 112 Land Plans – Sheet 112
1281 Work Nos. 1Eiii, 5A and 9B
1282, 1285, 1289, 1302 Work No. 1Eiii
1309, 1313 Work Nos. 1Eiii and 5B
Land Plans – Sheet 113 Land Plans – Sheet 113
1316, 1318, 1319, 1320, 1321, 1322, 1324, 1325, 1326, 1327, 1328, 1329, 1330, 1331, 1333, 1334, 1335, 1336, 1337, 1338, 1340, 1356, 1360, 1361, 1362 Work No. 1Eiii
1357 Work Nos. 1Eiii and 5C
Land Plans – Sheet 114 Land Plans – Sheet 114
1513, 1514, 1516, 1519, 1521, 1522, 1537, 1539, 1542, 1545, 1547, 1549 Work No. 1F
1520, 1523 Work Nos. 1F and 9Q
1538, 1541 Work Nos. 1F and 9R
Land Plans – Sheet 115 Land Plans – Sheet 115
1641, 1645, 1647, 1648, 1649, 1650, 1652, 1654, 1655, 1657, 1658, 1661 Work No. 1F
Land Plans – Sheet 116 Land Plans – Sheet 116
1752, 1754, 1755, 1758, 1759, 1767, 1769, 1770, 1772, 1775, 1776, 1780, 1784, 1786 Work No. 1G
1779, 1782, 1783 Work Nos. 1G and 9AG
Land Plans – Sheet 117 Land Plans – Sheet 117
1798, 1800, 1819, 1821 Work No. 1G
1820 Work Nos. 1G and 9AI
Land Plans – Sheet 118 Land Plans – Sheet 118
1819, 1821, 1827 Work No. 1G
1820 Work Nos. 1G and 9AI
1823, 1830, 1831, 1833, 1837, 1838, 1839, 1841, 1843, 1844, 1845, 1847, 1850, 1853 Work No. 1H
1829 Work Nos. 1G and 1H
1842, 1848, 1849, 1851 Work Nos. 1H and 9AJ
1854 Work No. 1H
Land Plans –Sheet 120 Land Plans –Sheet 120
1976, 1977 Work Nos. 1H and 9AP
1978, 1980, 1983, 1990, 1995, 1998, 1999, 2003, 2006, 2025, 2033, 2041, 2042, 2046, 2048 Work No. 1H
1982, 1984 Work Nos. 1H and 9AN
2005, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2020, 2021, 2023, 2024, 2026, 2027, 2029, 2030, 2031, 2032, 2034, 2035, 2036, 2037, 2038, 2039 Work Nos. 1H and 9AQ
Land Plans – Sheet 121 Land Plans – Sheet 121
2046, 2048, 2049, 2050, 2053, 2054, 2056, 2062, 2064, 2065, 2238 Work No. 1H
2100 Work Nos. 1H and 5Q
2227, 2234 Work Nos. 1H and 9AS
Land Plans – Sheet 122 Land Plans – Sheet 122
2227, 2234 Work Nos. 1H and 9AS
2228, 2230, 2231, 2233 Work Nos. 1H and 9AR
2235, 2237, 2238, 2240 Work No. 1H
2242 Work Nos. 1H and 5R
Land Plans – Sheet 123 Land Plans – Sheet 123
2242 Work Nos. 1H and 5R
2243, 2244, 2245, 2247, 2252, 2255, 2259, 2260, 2261, 2263, 2267, 2269, 2271, 2273, 2279, 2281, 2285, 2288, 2289 Work No. 1H
2254 Work Nos. 1H and 5S
2276 Work Nos. 1H, 5T and 9AU
Land Plans – Sheet 124 Land Plans – Sheet 124
1982, 1984 Work Nos. 1H and 9AN
1990, 2003 Work No. 1H

SCHEDULE 8 — TREES SUBJECT TO TREE PRESERVATION ORDERS

(1) Type of tree (2) Location (3) Indicative works to be carried out (4) TPO reference
In the County of Hampshire In the County of Hampshire In the County of Hampshire In the County of Hampshire
Group Trees forming field boundary along southern side of Petersfield Road, opposite Woodcote Manor Cottages – as marked TPO001 on Sheet No.11 of the General Arrangement Plans Felling works. Crown lifting/pruning of overhanging branches (eastern section of TPO group) to prevent damage from plant movements along the proposed access track. 00057-2003-TPO 0131A7
Group Trees forming field boundary along northern side of Petersfield Road, between Woodcote Manor Cottages and Tithelands Lane – as marked TPO002 on Sheet No.12 of the General Arrangement Plans Felling works. Crown lifting/pruning of overhanging branches (western and eastern end of TPO group) to prevent damage from plant movements. 00057-2003-TPO 0131A1
Group – Species: beech and larch Woodland copse, east of Gosport Road, north of Woodside Lane, north of Lower Farringdon – as marked TPO003 on Sheet No.19 of the General Arrangement Plans Crown lifting/pruning of overhanging branches to prevent damage during plant movements along proposed access track located around eastern extent of TPO area. (EH94)81 A1
Group (2 No. overlapping) TPO covers various sections of woodland copses and linear belts forming Lawn Copse, located to the south of Heath Lane, within Oak Park Golf Club (Woodland Course) – as marked TPO004 and TPO005 on Sheet Nos. 28 and 29 of the General Arrangement Plans Felling works to part of TPO groups; through western section of TPO area 737, and southern end of TPO area 88. Crown lifting/pruning of overhanging branches of adjacent retained trees to prevent damage during plant movements through the area. 93/00450/HDC 737 49/0007/TP 88
Group – Species: oak, ash, hazel TPO covers linear belt of woodland located along the southern side of Heath Lane, within Oak Park Golf Club (Woodland Course) and extending eastwards into the woodland block next to the residential properties known as ‘The Tileries’ – as marked TPO006 on Sheet No.29 of the General Arrangement Plans Felling works through central section of TPO. Crown lifting/pruning of overhanging branches to prevent damage during plant movements through central section. 49/00007/TP 87
Individual (32 No.) – Species: oak, beech, ash, birch Individual TPOs cover trees along northern boundary of the A287 adjacent to Peacocks Garden World; two avenue lines through the carpark; and the linear belt of trees running parallel to the A287 at the northern edge of the garden centre – as marked TPO007 to TPO038 on Sheet No.29 of the General Arrangement Plans Felling works. Crown lifting/pruning of overhanging branches to prevent damage from plant movements through the area. 02/01128/HDC 60285, 60286, 60287, 60288, 60335C, 60336C, 60337C, 60338C, 60339C, 60342C, 60343C, 60351C, 60352C, 60353C, 60354C, 60355C, 60362C, 60363C, 60364C, 60365C, 60366C, 60367C, 60368C, 60369C, 60370C, 60371C, 60373C, 60374C, 60375C, 60376C, 60377C, 60378C
Group – Species: oak, scots pine, beech, ash TPO covers large woodland area to the north-eastern side of the A287 (Ewshot Hill) surrounding Combe Wood Cottage and spreading eastwards towards the properties along Church Lane – as marked TPO039 on Sheet No.29 of the General Arrangement Plans Felling works. Crown lifting/pruning of overhanging branches to prevent damage during plant movements along existing access track at western end of TPO area. 90/00380/HDC 689
Group Group TPO covers large area encompassing trees and woodland blocks between Ewshot Lane, Tadpole Lane and Beacon Hill Road around the Queen Elizabeth Barracks – as marked TPO040 on Sheet No.30 of the General Arrangement Plans Felling works through central section of TPO. Crown lifting/pruning of overhanging branches to prevent damage during plant movements through central section, and along street edges. 05/01198/HDC A60925
Group TPO covers two areas of woodland blocks located to the west and northern sides of Hartland Park – as marked TPO041 on Sheet No.56 of the General Arrangement Plans Felling works. Crown lifting/pruning of overhanging branches (eastern side of the TPO block to the west of Hartland Park) to prevent damage during construction and use of proposed compound area. 08/01267/TPO 1
Group TPO covers an area of woodland located to the eastern side of Hartland Park – as marked TPO042 on Sheet Nos. 32 and 56 of the General Arrangement Plans Felling works throughout north-western quadrant of TPO area to accommodate proposed compound. Crown lifting/pruning of overhanging branches to prevent damage during construction and use of proposed compound area. 08/01267/TPO 1
Group – Species: oak Trees along western side of Ively Road (A327), to the rear of properties within the adjacent Tarn Close (Nos. 16–20) – as marked TPO043 on Sheet No.33 of the General Arrangement Plans Crown lifting/pruning of overhanging branches (southern end of TPO area) to prevent damage during adjacent plant movements. 06/00415A/ORDER G2
Individual – Species: oak TPO located immediately outside the Order limits (northern side) at the end of the private residential property known as No.58 West Heath Road – as marked TPO044 on Sheet No.34 of the General Arrangement Plans Crown lifting/pruning of overhanging branches to prevent damage if plant/materials require access past the tree. 07/00438/ORDER 438
Individual – Species: ash TPO identified as being located in the driveway to the front of the private property known as No.74 West Heath Road – as marked TPO045 on Sheet No.34 of the General Arrangement Plans Crown lifting/pruning of overhanging branches to prevent damage during plant movements past the tree along the adjacent existing access track. 94/00209/ORDER 209
Individual (2No.) – Species: oak TPO trees located to the rear of properties along Stuart Close (No.9 and No.10) – as marked TPO046 and TPO047 on Sheet No.34 of the General Arrangement Plans Felling works. Crown lifting/pruning of overhanging branches to prevent damage if plant/materials requires access past trees. 07/00437/ORDER 437 T1 and T2
In the County of Surrey In the County of Surrey In the County of Surrey In the County of Surrey
Group TPO covers an area surrounding Balmoral Drive, the Sandringham Way ‘loop’ at the southern extent to Lakeside School at the northern extent (St Catherines Road sits along its eastern extent) – as marked TPO048 on Sheet No.36 of the General Arrangement Plans Balmoral Drive:Crown lifting/pruning of overhanging branches (through centre of TPO area) to prevent damage during plant movements through area. St Catherines Road: Felling works at eastern edge of TPO area to provide works access between Balmoral Drive and St Catherines Road. Crown lifting/pruning of overhanging branches to prevent damage during plant movements through area. TPO 6/75 A1
Group TPO incorporates a strong tree belt running through the garden spaces to the east of Pevensey Way, between Tenby Road (cul-de-sac) and St Catherines Road – as marked TPO049 on Sheet No.36 of the General Arrangement Plans Felling works (northern end of TPO area) to provide space for construction. Crown lifting/pruning of overhanging branches (northern end of TPO area) to prevent damage during plant movements through area. TPO 7/76 A1
Group – Species: scots pine, sweet chestnut, birch TPO area located to the eastern side of St Catherines Road, stretching north-eastward into the woodland between two residential properties – as marked TPO050 on Sheet No.36 of the General Arrangement Plans Crown lifting/pruning of overhanging branches (western edge of TPO area) to prevent damage during plant movements along StCatherines Road. TPO 12/90 W1
Group Linear TPO group to rear boundary line of properties along Regent Way, east of Frimley – as marked TPO051 on Sheet No.36 of the General Arrangement Plans Crown lifting/pruning of overhanging branches (along southern extent of TPO) to prevent damage during adjacent plant movements. TPO 10/74 A3
Group – Species: scots pine, birch Large TPO area covering Pine Ridge Golf Course, south of Old Bisley Road, on the eastern edge of Frimley – as marked TPO052 on Sheet Nos.37 and 38 of the General Arrangement Plans Felling of trees through south-eastern quadrant of TPO area. Crown lifting/pruning of overhanging branches (south-eastern quadrant) to prevent damage to adjacent retained trees during plant movements through the area. TPO 27/90 W1
Group –Species: scots pine, birch, oak, cypress The TPO covers the street trees within, and linear belts of trees around, the residential area surrounding Cheylesmore Drive – as marked TPO053 on Sheet No.38 of the General Arrangement Plans Felling works. Crown lifting/pruning of overhanging branches at southern end of TPO group to prevent damage during plant movements past the area. TPO 2/84 W1
Group TPO area extends along the western side of The Maultway between the residential properties at Redwood Drive and Cumberland Road (excluding properties around Buttermere Drive and Brackenwood) – as marked TPO054 on Sheet Nos.38 and 39 of the General Arrangement Plans Crown lifting/pruning of overhanging branches (eastern edge of TPO area) to prevent damage during plant movements along road. TPO 31/68 A1
Group –Species: ash, beech, birch, catalpa, sweet chestnut, cherry, cypress, holly, mountain ash, oak, pine, poplar TPO Group covers residential area around Buttermere Drive. Includes street trees, trees within private gardens, and linear belt immediately adjacent to the Order limits running along The Maultway – as marked TPO055 on Sheet No.39 of the General Arrangement Plans Crown lifting/pruning of overhanging branches (eastern edge of TPO area) to prevent damage during plant movements along The Maultway. TPO 11/87 W1
Group – Species: birch, beech, scots pine, aspen TPO group located on the southern side of Red Road, opposite the junction with Briar Avenue – as marked TPO056 on Sheet No.40 of the General Arrangement Plans Crown lifting/pruning of overhanging branches (northern edge of TPO area) to prevent damage during plant movements along Red Road. TPO 31/89 W1
Group – Species: birch, alder, oak TPO area covers trees on the north side of Red Road and within the gardens of the private residential properties at the southern end of the adjacent close off Blackthorn Drive – as marked TPO057 on Sheet No.40 of the General Arrangement Plans Felling works. Crown lifting/pruning of overhanging branches (southern edge of TPO area) to prevent damage during plant movements along Red Road. TPO 12/85 G3
Group – Species: beech, oak, birch, poplar TPO area covers trees on the north side of Red Road and within the gardens of private residential properties at the south-eastern end of the adjacent close off Blackthorn Drive – as marked TPO058 on Sheet No.40 of the General Arrangement Plans Felling works. Crown lifting/pruning of overhanging branches (southern edge of TPO area) to prevent damage during plant movements along Red Road. TPO 12/85 G2
Group – Species: alder TPO area covers trees to the western side of the junction between Briar Avenue and Red Road – as marked TPO059 on Sheet No.40 of the General Arrangement Plans Felling works. Crown lifting/pruning of overhanging branches (southern edge of TPO area) to prevent damage during plant movements along Red Road. TPO 12/85 G1
Individual (3No.) – Species: oak Three TPO trees along southern edge of Red Road, east of the large TPO group (TPO 31/89 W1) and west of the junction with Lightwater Road – as marked TPO060, TPO061 and TPO062 on Sheet No.40 of the General Arrangement Plans Crown lifting/pruning of overhanging branches (northern edge of TPO trees) to prevent damage during plant movements along Red Road. TPO 31/89 T1, T2 and T3
Group Large TPO group covering residential area around Colville Gardens – as marked TPO063 on Sheet No.40 of the General Arrangement Plans Crown lifting/pruning of overhanging branches (southern edge of TPO area) to prevent damage during plant movements along public footpath. TPO 8/76 A1
Group Large TPO group covering residential area around Heronscourt – as marked TPO064 on Sheet No.40 of the General Arrangement Plans Crown lifting/pruning of overhanging branches (southern edge of TPO area) to prevent damage during plant movements along public footpath. TPO 1/75 A1
Group – Species: scots pine, oak, birch TPO group covering residential area around Sundew Close– as marked TPO065 on Sheet No.41 of the General Arrangement Plans Felling works. Crown lifting/pruning of overhanging branches (south-western edge of TPO area) to prevent damage during plant movements along road. TPO 18/86 W1
Group – Species: oak, horse chestnut, field maple Linear belt of trees forming field boundary along Halebourne Lane, running immediately north of public bridleway (shown as PRoW No.41 on the Access & Rights of Way Plans) – as marked TPO066 on Sheet No.42 of the General Arrangement Plans Felling works. Crown lifting/pruning of overhanging branches (southern end of TPO area) to prevent damage during plant movements through tree belt. TPO 58/89 G10
Group – Species: horse chestnut, ash Linear belt of trees forming field boundary along Halebourne Lane, running immediately south of public bridleway (shown as PRoW No.41 on the Access & Rights of Way Plan) – as marked TPO067 on Sheet No.42 of the General Arrangement Plans Felling works. Crown lifting/pruning of overhanging branches (northern end of TPO area) to prevent damage during plant movements through tree belt. TPO 58/89 G11
Group – Species: alder Linear belt of trees along watercourse, forming field boundary between two arable fields, east of Halebourne Lane – as marked TPO068 on Sheet No.42 of the General Arrangement Plans Felling works. Crown lifting/pruning of overhanging branches (southern end of TPO area) to prevent damage during plant movements through tree belt. TPO 58/89 G2
Group TPO covers parallel linear belts of trees running around Foxhills Country Club – as marked TPO069 on Sheet Nos. 45, 46 and 47 of the General Arrangement Plans Felling works. Crown lifting/pruning of overhanging branches (where the Order limits cross through or immediately adjacent to TPO tree belts) to prevent damage during plant movements and to provide proposed ecological mitigation area. TPO 6
Group TPO covers linear belt of trees running along the western side of Hardwick Lane, starting immediately north of the existing access way into Hardwick Park Farm – as marked TPO070 on Sheet No.58 of the General Arrangement Plans Felling works. Crown lifting/pruning of overhanging branches (southern end of TPO area) to prevent damage from plant movements at proposed access point. TPO 410
Group TPO covers various small groups, linear belts and individual trees within the area between Hardwick Lane, Guildford Road and the M25 Motorway – as marked TPO071 on Sheet No.47 of the General Arrangement Plans Felling works. Crown lifting/pruning of overhanging branches to prevent damage from plant movements. TPO 433
Group (2 No. overlapping) TPOs cover area to the east of the M25 Motorway, south of Guildford Road and surrounding Sandgates residential complex. TPOs cover dense woodland blocks and scattered trees – as marked TPO072 and TPO073 on Sheet No.47 of the General Arrangement Plans Felling works. Crown lifting/pruning of overhanging branches (southern end of TPO groups) to prevent damage from plant movements. TPOs 403 and 174
Group TPO covers northern edge of woodland block, south of residential properties around Canford Drive– as marked TPO074 on Sheet No.48 of the General Arrangement Plans Felling works. Crown lifting/pruning of overhanging branches (western end of TPO group) to prevent damage from plant movements. TPO 42
Group Linear belt of TPO trees located on the eastern side of Ashford Road extending northwards between the Queen Mary Reservoir Intake Channel and Staines Reservoirs Aqueduct – as marked TPO075 on Sheet No.51 of the General Arrangement Plans Felling works to allow construction of valve unit (northern end of TPO Group). Crown lifting/pruning of overhanging branches (western edge of TPO group) to prevent damage during plant movements past the trees. TPO001STA 001STAA001
Group Small group of trees located to the western side of Ashford Road between two residential properties (151 The Priory and 165) – as marked TPO076 on Sheet No.51 of the General Arrangement Plans Felling works. Crown lifting/pruning of overhanging branches (eastern edge of TPO group) to prevent damage during plant movements past the trees. TPO040STA 040STAG001
Group Small group of trees located to the western side of Ashford Road, between a residential property and Greenway Drive – as marked TPO077 on Sheet No.51 of the General Arrangement Plans Crown lifting/pruning of overhanging branches to prevent damage during plant movements past the trees (eastern edge of TPO group). TPO040STA 040STAG005
Group –Species: lime, poplar TPO group covers linear section of trees within wider tree belt adjacent to railway line (northern side), east of Church Road and Ashford Station within the grounds of St James Senior Boys School – as marked TPO078 on Sheet No.52 of the General Arrangement Plans Felling works. Crown lifting/pruning of overhanging branches (western end of TPO group) to prevent damage from plant movements. TPO030STA 030STAG003
Group – Species: sycamore, scots pine, yew, elm, holly TPO covers tree belt along edge of St James Senior Boys School sports field, adjacent to Church Road (eastern side) – as marked TPO079 on Sheet No.52 of the General Arrangement Plans Felling works. Crown lifting/pruning of overhanging branches (south-east, eastern and northern edges of TPO group) to prevent damage during plant movements. TPO030STA 030STAG002
Group – Species: lime Line of individual (avenue) trees running between the edge of the driveway and sports field within St James Senior Boys School – as marked TPO080 on Sheet No.52 of the General Arrangement Plans Felling works. Crown lifting/pruning of overhanging branches (southern end of TPO group) to prevent damage during plant movements through the tree line. TPO030STA 030STAG0001
Group – Species: elm, acacia, lime, sycamore, hornbeam, horse chestnut TPO covers block of trees located at northern end of St James Senior Boys School driveway, running from the tennis courts (to the east) across the northern end of the school buildings – as marked TPO081 on Sheet No.52 of the General Arrangement Plans Felling works. Crown lifting/pruning of overhanging branches (through central section of TPO group) to prevent damage during plant movements through the trees. TPO030STA 030STAG008

SCHEDULE 9 — PROTECTIVE PROVISIONS

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

Application

1

For the protection of the utility undertakers referred to in this Part of this Schedule the following provisions have effect, unless otherwise agreed in writing between the undertaker and the utility undertaker concerned.

Interpretation

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 no less efficient than previously;
  • “apparatus” means— in the case of a licence holder within the meaning of Part 1 of the Electricity Act 1989, electric lines or electrical plant (as defined in the Electricity Act 1989[^f00079]), belonging to or maintained by that undertaker; in the case of a gas transporter within the meaning of Part 1 of the Gas Act 1986, any mains, pipes or other apparatus belonging to or maintained by a gas transporter within the meaning of Part 1 of the Gas Act 1986[^f00080] for the purposes of gas supply; in the case of a water undertaker within the meaning of the Water Industry Act 1991, mains, pipes or other apparatus belonging to or maintained by that undertaker for the purposes of water supply; and in the case of a sewerage undertaker within the meaning of Part 1 of the Water Industry Act 1991— any drain or works vested in the undertaker under the Water Industry Act 1991[^f00081]; and any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) of that Act or an agreement to adopt made under section 104 of that Act, and includes a sludge main, disposal main (within the meaning of section 219 of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works, and in each case 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;
  • “plan” includes all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe the works to be executed;
  • “utility undertaker” means— any licence holder within the meaning of Part 1 of the Electricity Act 1989; a gas transporter within the meaning of Part 1 of the Gas Act 1986; a water undertaker within the meaning of the Water Industry Act 1991; and a sewerage undertaker within the meaning of Part 1 of the Water Industry Act 1991, for the area of the authorised development, and in relation to any apparatus, means the undertaker to whom it belongs or by whom it is maintained.

On street apparatus

3

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

Apparatus in stopped up streets

4

Regardless of the temporary stopping up or diversion of any highway under the powers conferred by article 13 (temporary closure, alteration, diversion or restriction of streets and public rights of way), a utility undertaker is at liberty at all times to take all necessary access across any such stopped up highway and to execute and do all such works and things in, upon or under any such highway as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the stopping up or diversion was in that highway.

Protective works to buildings

5

The undertaker, in the case of the powers conferred by article 19 (protective work to buildings), must exercise those powers so as not to obstruct or render less convenient the access to any apparatus.

Acquisition of apparatus

6

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.

Removal of apparatus

7
  • (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 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 must not be extinguished, until alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the utility undertaker in question in accordance with sub-paragraphs (2) to (6).
  • (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 28 days’ 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 an 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 must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use its best 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 48 (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 48, and after the grant to the utility undertaker of any such facilities and rights as are referred to in sub-paragraphs (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.
  • (6) Regardless of anything in sub-paragraph (5), if the undertaker gives notice in writing to the utility undertaker in question that the undertaker desires itself to execute any work, or part of any work in connection with the construction or removal of apparatus in any land of 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.

Facilities and rights for alternative apparatus

8
  • (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 are to 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 48 (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.

Retained apparatus

9
  • (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 7(2), the undertaker must submit to the utility undertaker in question a plan of the works to be executed.
  • (2) Those works must be executed only in accordance with the plan 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 under sub-paragraph (1) is 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 3 and 6 to 8 apply as if the removal of the apparatus had been required by the undertaker under paragraph 7(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 instead of the plan previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan.
  • (6) The undertaker is not required to comply with sub-paragraph (1) in a case of emergency but in that case must give to the utility undertaker in question notice as soon as is reasonably practicable and a plan of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (3) in so far as is reasonably practicable in the circumstances.

Expenses and costs

10
  • (1) Subject to the following provisions of this paragraph, the undertaker must repay to a utility undertaker all expenses reasonably 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 7(2).
  • (2) There must be deducted from any sum payable under subparagraph (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 situated,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 48 (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) must 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; and
  • (b) where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be treated as if it also had been agreed or had been so determined.
  • (5) An amount which apart from this sub-paragraph would be payable to 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.
11
  • (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any such works referred to in paragraphs 5 or 7(2), or by reason of any subsidence resulting from such development or works, any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of 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 undertaker,
  • (c) by reason or in consequence of any such damage or interruption.
  • (2) The fact that any act or thing may have been done by a utility undertaker on behalf of the undertaker or in accordance with a plan approved by a utility undertaker or in accordance with any requirement of a utility undertaker or under its supervision does not, subject to sub-paragraph (3), excuse the undertaker from liability under the provisions of sub-paragraph (1).
  • (3) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of a utility undertaker, its officers, servants, contractors or agents.
  • (4) 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 who, if withholding such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

Cooperation

12

Where in consequence of the proposed construction of any of the authorised development, the undertaker or a utility undertaker requires the removal of apparatus under paragraph 7(2) or a utility undertaker makes requirements for the protection or alteration of apparatus under paragraph 9, the undertaker must use best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe and efficient operation of the utility undertaker’s undertaking and each utility undertaker must use its best endeavours to co-operate with the undertaker for that purpose.

13

Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and a utility undertaker 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

Application

14

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

Interpretation

15

In this Part of this Schedule—

  • “the 2003 Act” means the Communications Act 2003[^f00082];
  • “electronic communications apparatus” has the same meaning as in the electronic communications code;
  • “the electronic communications code” has the same meaning as in Chapter 1 of Part 2 of the 2003 Act[^f00083];
  • “electronic communications code network” means— so much of an electronic communications network or infrastructure system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 (application of the electronic communications code) of the 2003 Act; and an electronic communications network which the undertaker is providing or proposing to provide;
  • “electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106 of the 2003 Act;
  • “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(2) of that code; and
  • “operator” means the operator of an electronic communications code network.

Electronic communications apparatus installed on, under or over any land

16

The exercise of the powers conferred by article 34 (statutory undertakers) is subject to Part 10 (undertaker’s works affecting electronic communications apparatus) of the electronic communications code.

Compensation

17
  • (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 who, if withholding 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 48 (arbitration).
  • (5) 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 damages, or any interruptions, caused by electro-magnetic interference arising from the construction or use of the authorised development.
  • (6) 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 RAILWAY INTERESTS

18

The provisions of this Part have effect unless otherwise agreed in writing between the undertaker and Network Rail and in the case of paragraph 32 any other person on whom rights or obligations are conferred by that paragraph.

19

In this Part—

  • “construction” includes execution, placing, alteration and reconstruction and “construct” and “constructed” have corresponding meanings;
  • “engineer” means an engineer appointed by Network Rail for the purposes of this Order;
  • “network licence” means the network licence, as amended from time to time, granted to Network Rail by the Secretary of State in exercise of the powers in section 8 of the Railways Act 1993[^f00084];
  • “Network Rail” means Network Rail Infrastructure Limited (registered company number 2904587) and any associated company of Network Rail Infrastructure Limited which holds property for railway purposes; and for the purpose of this definition “associated company” means any company which is (within the meaning of section 1159 of the Companies Act 2006[^f00085]) 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; any station, land, works, apparatus and equipment belonging to Network Rail or connected with any such railway; and any easement or other property interest held or used by Network Rail for the purposes of such railway or works, apparatus or equipment;
  • “specified work” means so much of any of the authorised development or the maintenance 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.
20
  • (1) Where under this Part 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 its reasonable endeavours to avoid any conflict arising between the application of those procedures and the proper implementation of the authorised development pursuant to this Order.
21
  • (1) The undertaker must not exercise the powers conferred by—
  • (a) article 4 (maintenance of the authorised development);
  • (b) article 5 (maintenance of the drainage works);
  • (c) article 15 (access to works);
  • (d) article 18 (discharge of water);
  • (e) article 19 (protective work to buildings);
  • (f) article 20 (authority to survey and investigate the land);
  • (g) article 21 (compulsory acquisition of land);
  • (h) article 23 (compulsory acquisition of rights and restrictive covenants);
  • (i) article 25 (private rights over land);
  • (j) article 28 (acquisition of subsoil or airspace only);
  • (k) article 29 (rights under or over streets);
  • (l) article 30 (temporary use of land for carrying out the authorised development);
  • (m) article 31 (temporary use of land for maintaining the authorised development);
  • (n) article 34 (statutory undertakers);
  • (o) article 42 (felling or lopping);
  • (p) article 43 (trees subject to tree preservation orders),

or the powers conferred by section 11(3) of the 1965 Act, in respect of any railway property unless the exercise of such powers is with the consent of Network Rail.

  • (2) The undertaker must not in the exercise of the powers conferred by this Order prevent pedestrian or vehicular access to any railway property, unless preventing such access is with the consent of Network Rail.
  • (3) The undertaker must not exercise the powers conferred by sections 271 or 272 of the 1990 Act, or article 34 (statutory undertakers), in relation to any right of access of Network Rail to railway property, but such right of access may be diverted with the consent of Network Rail.
  • (4) The undertaker must not under the powers of this Order acquire or use or acquire new rights over, or seek to impose any restrictive covenants over, any railway property, or extinguish any existing rights of Network Rail in respect of any third party property, except with the consent of Network Rail.
  • (5) Where Network Rail is asked to give its consent pursuant to this paragraph, such consent must not be unreasonably withheld but may be given subject to reasonable conditions and, if applicable, must be subject to first obtaining the consent and/or surrender of any leaseholder of the railway property.
22
  • (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 in accordance with paragraph 39 of this Part.
  • (2) The approval of the engineer under sub-paragraph (1) must not be unreasonably withheld, and if by the end of the period of 28 days beginning with the date on which such plans have been supplied to Network Rail the engineer has not intimated their disapproval of those plans and the grounds of such disapproval, the undertaker may serve upon the engineer written notice requiring the engineer to intimate approval or disapproval within a further period of 28 days beginning with the date upon which the engineer receives written notice from the undertaker and if, by the expiry of the further 28 days’ period specified in the written notice, the engineer has not intimated approval or disapproval, the engineer is 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 with all reasonable dispatch on behalf of and to the reasonable satisfaction of the undertaker in accordance with the plans approved or deemed to be approved or settled under this paragraph, and under the supervision (where appropriate and if given) of the undertaker.
  • (4) When signifying approval of the plans, the engineer may specify any protective works (whether temporary or permanent) which in the opinion of the engineer must be carried out before the commencement of the construction of a specified work to ensure the safety or stability of railway property or the continuation of safe and efficient operation of the railways of Network Rail or the services of operators using them (including any relocation, de-commissioning and removal of works, apparatus and equipment necessitated by a specified work and the comfort and safety of passengers who may be affected by the specified works), and such protective works as may be reasonably necessary for those purposes must be constructed by Network Rail or by the undertaker, if Network Rail so desires, and such protective works must be carried out at the expense of the undertaker in either case with all reasonable dispatch, and the undertaker must not commence the construction of the specified work until the engineer has notified the undertaker that the protective works have been completed to the engineer’s reasonable satisfaction.
23
  • (1) Any specified work and any protective works to be constructed by virtue of paragraph 22(3) must, when commenced, be constructed—
  • (a) with all reasonable dispatch in accordance with the plans approved or deemed to have been approved or settled under paragraph 22;
  • (b) under the supervision (where appropriate and if given) and to the reasonable satisfaction of the engineer;
  • (c) in such manner as to cause as little damage as is possible to railway property; and
  • (d) so far as is reasonably practicable, so as not to interfere with or obstruct the free, uninterrupted and safe use of any railway of Network Rail or the traffic thereon and the use by passengers of railway property.
  • (2) If any damage to railway property or any such interference or obstruction is caused by the carrying out of, or in consequence of the construction of a specified work, the undertaker must, notwithstanding any such approval, make good such damage and must pay to Network Rail all reasonable expenses to which Network Rail may be put and compensation for any loss which it may sustain by reason of any such damage, interference or obstruction.
  • (3) Nothing in this Part imposes any liability on the undertaker with respect to any damage, costs, expenses or loss attributable to the negligence of Network Rail or its servants, contractors or agents or any liability on Network Rail with respect of any damage, costs, expenses or loss attributable to the negligence of the undertaker or its servants, contractors or agents.
24

The undertaker must—

  • (a) at all times afford reasonable facilities to the engineer for access to a specified work during its construction; and
  • (b) supply the engineer with all such information as the engineer may reasonably require with regard to a specified work or the method of constructing it.
25

Network Rail must at all times afford reasonable facilities to the undertaker and its agents for access to any works carried out by Network Rail under this Part during their construction and must supply the undertaker with such information as it may reasonably require with regard to such works or the method of constructing them.

26
  • (1) If any permanent or temporary alterations or additions to railway property are reasonably necessary in consequence of the construction of a specified work, or during a period of 12 months after the completion of that work, in order to ensure the safety of railway property or the continued safe operation of the railway of Network Rail, such alterations and additions may be carried out by Network Rail; and if Network Rail gives to the undertaker reasonable notice of its intention to carry out such alterations or additions (which must be specified in the notice), the undertaker must pay to Network Rail the reasonable cost of those alterations or additions including, in respect of any such alterations and additions as are to be permanent, a capitalised sum representing the increase of the costs which may be expected to be reasonably incurred by Network Rail in maintaining, working and, when necessary, renewing any such alterations or additions.
  • (2) If during the construction of a specified work by the undertaker, Network Rail gives notice to the undertaker that Network Rail desires itself to construct that part of the specified work which in the opinion of the engineer is endangering the stability of railway property or the safe operation of traffic on the railways of Network Rail, then, if the undertaker decides that part of the specified work is to be constructed, Network Rail must assume construction of that part of the specified work, and the undertaker must, notwithstanding any such approval of a specified work under paragraph 22(1), pay to Network Rail all reasonable expenses to which Network Rail may be put and compensation for any loss which it may suffer by reason of the execution by Network Rail of that specified work.

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