The A585 Windy Harbour to Skippool Highway Development Consent Order 2020

• (4) In this paragraph, “business day” means a day other than Saturday or Sunday which is not Christmas Day, Good Friday or a bank holiday under section 1 (bank holidays) of the Banking and Financial Dealings Act 1971[^f00075].

Register of requirements

18

• (1) The undertaker must, as soon as practicable following the making of this Order, establish and maintain in an electronic form suitable for inspection by members of the public a register of those requirements contained in Part 1 of this Schedule that provide for further approvals to be given by the Secretary of State.

• (2) The register must set out in relation to each such requirement the status of the requirement, in terms of whether any approval to be given by the Secretary of State has been applied for or given, providing an electronic link to any document containing any approved details.

• (3) The register must be maintained by the undertaker for a period of 3 years following completion of the authorised development.

Anticipatory steps towards compliance with any requirement

19

If before the coming into force of this Order the undertaker or any other person has taken any steps that were intended to be steps towards compliance with any provision of Part 1 of this Schedule, those steps may be taken into account for the purpose of determining compliance with that provision if they would have been valid steps for that purpose had they been taken after this Order came into force.

SCHEDULE 3 — CLASSIFICATION OF ROADS, ETC.

PART 1 — TRUNK ROADS

(1) Road	(2) Extent
A585 at Skippool Junction cross roads	Entire junction within Point 1 of the Streets, Rights of Way and Access Plans (Sheet 1)
A585(T) between Skippool Junction and Skippool Bridge Junction	Shown within Point 1 of the Streets, Rights of Way and Access Plans (Sheet 1)
A585 at Skippool Bridge Junction	Entire junction within Point 1 of the Streets, Rights of Way and Access Plans (Sheet 1)
A585(T) between Skippool Bridge Junction and Poulton Junction	Shown by Point 7 of the Streets, Rights of Way and Access Plans (Sheets 1 and 2)
A585 at Poulton Junction cross roads	Cross roads shown by Point 8 of the Streets, Rights of Way and Access Plans (Sheet 2)
A585(T) between Poulton Junction and intersect with de-classified Garstang New Road	Shown by Point 9 of the Streets, Rights of Way and Access Plans (Sheets 2 and 3)
A585(T) between intersect with de-classified Garstang New Road and Windy Harbour Junction	Shown by Point 14 of the Streets, Rights of Way and Access Plans (Sheet 4)

PART 2 — CLASSIFIED ROADS

(1) Road	(2) Extent
A586 Garstang Road East (west of proposed Poulton Junction)	Shown by Point 10 of the Streets, Rights of Way and Access Plans (Sheet 2)
B5260 Lodge Lane Bridge	Shown by Point 12 of the Streets, Rights of Way and Access Plans (Sheet 3)
Garstang Road East (to be re-classified as the B5260)	Shown by Point 11 of the Streets, Rights of Way and Access Plans (Sheets 2 and 3)
Mains Lane between Skippool Bridge Junction and Shard Road Junction (to be re-classified as the A588)	Shown by Point 19 and 18 of the Streets, Rights of Way and Access Plans (Sheet 1)

PART 3 — UNCLASSIFIED ROADS

(1) Road	(2) Extent
Mains Lane between Shard Road Junction and Little Singleton Junction	Shown by Point 17 of the Streets, Rights of Way and Access Plans (Sheets 1, 2 and 3)
De-classified Garstang New Road between Little Singleton Junction and Garstang footbridge	Shown by Point 15 of the Streets, Rights of Way and Access Plans (Sheet 3)

PART 4 — OTHER PUBLIC RIGHTS OF WAY

(1) Public right of way	(2) Extent
Non-segregated footway/cycle track (including crossing facilities over Skippool Junction, Skippool Bridge Junction, Poulton Junction and Little Singleton Junction)	Shown with Points 1, 8, 10, 11, 18, 17, 16, 15 and 14 of the Streets, Rights of Way and Access Plans

PART 5 — ROADS TO BE DE-TRUNKED

In the administration areas of Lancashire County Council, Wyre Council and Fylde Borough Council

The section of highway between Point A on Sheet 1 of the Traffic Regulation Measures and De-Trunking Plans, being a point 488 metres west of Shard Road Junction and Point C on Sheet 3 of the Traffic Regulation Measures and De-Trunking Plans, being a point 678 metres east of Little Singleton Junction for a distance of approximately 2700 metres in a south easterly direction.

PART 6 — SPEED LIMITS

(1) Parish(es)	(2) Road name, number and length	(3) Speed Limit
Poulton-le-Fylde	A585 (eastbound) From where the A585 Amounderness Way meets Skippool Junction heading east along its length to a point 135 metres south of Skippool Bridge Junction for a total distance of 920 metres As shown on Sheet 1 of the Traffic Regulation Measures and De-trunking Plans	40 miles per hour
Poulton-le-Fylde	A585 (westbound) From a point 373 metres south of Skippool Bridge Junction heading west along its length to where the A585 Amounderness Way meets Skippool Junction for a total distance of 1112 metres As shown on Sheet 1 of the Traffic Regulation Measures and De-trunking Plans	40 miles per hour
Poulton-le-Fylde	A588 Breck Road From Skippool Junction to a point 41 metres south from Skippool Junction for a total distance of 41 metres As shown on Sheet 1 of the Traffic Regulation Measures and De-trunking Plans	40 miles per hour
Poulton-le-Fylde	B5412 Skippool Road From Skippool Junction to a point 37 metres north from Skippool Junction for a total distance of 37 metres As shown on Sheet 1 of the Traffic Regulation Measures and De-trunking Plans	40 miles per hour
Singleton	Old Mains Lane From Skippool Bridge Junction along its length to a point 213 metres north west from Skippool Bridge Junction for a total distance of 213 metres As shown on Sheet 1 of the Traffic Regulation Measures and De-trunking Plans	30 miles per hour
Singleton	Skippool Bridge Junction eastbound between A585 and the re-classified A588 Mains Lane for a total distance of 217 metres As shown on Sheet 1 of the Traffic Regulation Measures and De-trunking Plans	40 miles per hour
Singleton	Skippool Bridge Junction westbound between the re-classified A588 Mains Lane and A585 for a total distance of 110 metres As shown on Sheet 1 of the Traffic Regulation Measures and De-trunking Plans	40 miles per hour
Singleton	A585 (eastbound) From a point 135 metres south of Skippool Bridge heading east along its length to a point 306 metres north west from Poulton Junction for a total distance of 995 metres As shown on Sheet 1 and 2 of the Traffic Regulation Measures and De-trunking Plans	National de-restricted speed limit (70 miles per hour)
Singleton	A585 (westbound) From a point 306 metres north west from Poulton Junction heading west along its length to a point 373 metres south of Skippool Bridge Junction for a total distance of 801 metres As shown on Sheet 1 and 2 of the Traffic Regulation Measures and De-trunking Plans	National de-restricted speed limit (70 miles per hour)
Singleton	A585 (eastbound) From a point 306 metres north from Poulton Junction heading east along its length to a point 280 metres south east of Poulton Junction for a total distance of 589 metres As shown on Sheet 2 of the Traffic Regulation Measures and De-trunking Plans	50 miles per hour
Singleton	A585 (westbound) From a point 280 metres south east from Poulton Junction heading west along its length to a point 306 metres north west of Poulton Junction for a total distance of 589 metres As shown on sheet 2 of the Traffic Regulation Measures and De-trunking Plans	50 miles per hour
Singleton	A585 (eastbound) From a point 280 metres south east of Poulton Junction heading east along its length to a point 238 metres west from Windy Harbour Junction for a total distance of 2094 metres As shown on Sheet 2, 3 and 4 of the Traffic Regulation Measures and De-trunking Plans	National de-restricted speed limit (70 miles per hour)
Singleton	A585 (westbound) From a point 240 metres west from Windy Harbour Junction heading west along its length to a point 280 metres south east of Poulton Junction for a total distance of 2094 metres As shown on Sheet 2,3 and 4 of the Traffic Regulation Measures and De-trunking Plans	National de-restricted speed limit (70 miles per hour)
Singleton	Mains Lane For the whole length of Mains Lane between Shard Road Junction and Little Singleton Junction, a length of 1515 metres As shown on Sheet 1, 2, and 3 of the Traffic Regulation Measures and De-trunking Plans	30 miles per hour
Singleton	(Re-classified B5260) Garstang Road East From a point 66 metres east of Poulton Junction along its length to Little Singleton Junction for a total distance of 719 metres As shown on Sheet 2 and 3 of the Traffic Regulation Measures and De-trunking Plans	30 miles per hour
Singleton	De-classified Garstang New Road For the whole length of the de-classified Garstang New Road between Little Singleton Junction and Grange Footbridge, a length of 631 metres As shown on Sheet 3 of the Traffic Regulation Measures and De-trunking Plans	30 miles per hour
Singleton	B5260 Lodge Lane From Little Singleton Junction along its length for a total distance of 532 metres As shown on Sheet 3 of the Traffic Regulation Measures and De-trunking Plans	40 miles per hour

PART 7 — REVOCATIONS AND VARIATIONS OF EXISTING TRAFFIC REGULATION ORDERS

(1) Parishes	(2) Road name, number and length	(3) Title of Order	(4) Revocations or Variations
Singleton	Mains Lane, A585, 2904 yards	Order 1973 (No.2)	Revocation

PART 8 — NEW TRAFFIC REGULATION ORDERS SOUGHT

(1) Parish(es)	(2) Road name and number	(3) Traffic Regulation Sought
Poulton-le-Fylde	A585 Breck Road	No entry on westbound carriageway at Skippool Junction for traffic travelling east, as shown on Sheet 1 of the Traffic Regulation Measures and De-trunking Plans
Poulton-le-Fylde	A585 Breck Road	No entry on eastbound carriageway at Skippool Junction for traffic travelling west, as shown on Sheet 1 of the Traffic Regulation Measures and De-trunking Plans
Poulton-le-Fylde	Breck Service Road	No through road for traffic entering Breck Service Road from A588 Breck Road, as shown on Sheet 1 of the Traffic Regulation Measures and De-trunking Plans
Poulton-le-Fylde	A585 Breck Road	Prohibition of right turn movements for all traffic entering on to the A585 westbound carriageway from accesses to the south of the A585 Breck Road between Skippool Junction and proposed Skippool Bridge Junction, as show on Sheet 1 of the Traffic Regulation Measures and De-trunking Plans
Poulton-le-Fylde	A585 Breck Road	Prohibition of right turn movements for all traffic entering on to the A585 eastbound carriageway from accesses to the south of the A585 Breck Road between Skippool Junction and proposed Skippool Bridge Junction, as show on Sheet 1 of the Traffic Regulation Measures and De-trunking Plans
Singleton	A585	No entry on westbound carriageway at proposed Skippool Bridge Junction for traffic travelling east, as shown on Sheet 1 of the Traffic Regulation Measures and De-trunking Plans
Singleton	A585	No entry on eastbound carriageway at proposed Skippool Bridge Junction for traffic travelling west, as shown on Sheet 1 of the Traffic Regulation Measures and De-trunking Plans
Singleton	A585	No entry on westbound carriageway at proposed Poulton Junction for traffic travelling east, as shown on Sheet 2 of the Traffic Regulation Measures and De-trunking Plans
Singleton	A585	No entry on eastbound carriageway at proposed Poulton Junction for traffic travelling west, as shown on Sheet 2 of the Traffic Regulation Measures and De-trunking Plans
Singleton	Mains Lane	One way road for traffic using the proposed “U” turn facility at Little Singleton Junction, as shown on Sheet 3 of the Traffic Regulation Measures and De-trunking Plans
Singleton	Garstang New Road	No through road for traffic entering Garstang New Road from Little Singleton Junction, as shown on Sheet 3 of the Traffic Regulation Measures and De-trunking Plans

SCHEDULE 4 — PERMANENT STOPPING UP OF STREETS AND PRIVATE MEANS OF ACCESS

PART 1 — PUBLIC RIGHTS OF WAY OR HIGHWAY TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

(1) Public right of way or highway to be stopped up	(2) Extent of stopping up	(3) New highway to be substituted
The stopping up of public right of way FP 8 (Singleton)	At Point E as shown on Sheet 1 of the Streets, Rights of Way and Access Plans	At Point 5 as shown on Sheet 1 of the Streets, Rights of Way and Access Plans
The stopping up of highway known as Old Mains Lane	At Point F as shown on Sheet 1 of the Streets, Rights of Way and Access Plans	At Point 6 as shown on Sheet 1 of the Streets, Rights of Way and Access Plans
The stopping up of public right of way FP 2 (Singleton)	At Point U as shown on Sheet 3 of the Streets, Rights of Way and Access Plans	At Point 13 as shown on Sheet 3 of the Streets, Rights of Way and Access Plans

PART 2 — PUBLIC RIGHTS OF WAY OR HIGHWAY TO BE STOPPED UP AND FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

(1) Public right of way or highway to be stopped up	(2) Extent of stopping up
The stopping up of highway at Old Breck Road Service Road	At Point B as shown on Sheet 1 of the Streets, Rights of Way and Access Plans
The stopping up of highway at Old Breck Road Service Road	At Point C as shown on Sheet 1 of the Streets, Rights of Way and Access Plans
The stopping up of highway at Old Breck Road Service Road	At Point D as shown on Sheet 1 of the Streets, Rights of Way and Access Plans

PART 3 — PRIVATE MEANS OF ACCESS TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

(1) Private means of access to be stopped up	(2) Extent of stopping up	(3) New private means of access to be substituted
Private means of access adjacent to the south of the A585	At Point J as shown on Sheet 1 of the Streets, Rights of Way and Access Plans	At Point h as shown on Sheet 1 of the Streets, Rights of Way and Access Plans
Private means of access adjacent to the north of the A585	At Point K as shown on Sheet 1 of the Streets, Rights of Way and Access Plans	At Point k as shown on Sheet 1 of the Streets, Rights of Way and Access Plans
Private means of access adjacent to the east of the A588	At Point M as shown on Sheet 1 of the Streets, Rights of Way and Access Plans	At Point p as shown on Sheet 1 of the Streets, Rights of Way and Access Plans
Private means of access adjacent to the north of the A586	At Point N as shown on Sheet 2 of the Streets, Rights of Way and Access Plans	At Point m as shown on Sheet 2 of the Streets, Rights of Way and Access Plans
Private means of access adjacent to the north of the A586	At Point Q as shown on Sheet 2 of the Streets, Rights of Way and Access Plans	At Point m as shown on Sheet 2 of the Streets, Rights of Way and Access Plans
Private means of access adjacent to the south of the A586	At Point P as shown on Sheet 2 of the Streets, Rights of Way and Access Plans	At Point P as shown on Sheet 2 of the Streets, Rights of Way and Access Plans
Private means of access adjacent to the east of the B5260	At Point R as shown on Sheet 3 of the Streets, Rights of Way and Access Plans	At Point w as shown on Sheet 3 of the Streets, Rights of Way and Access Plans
Private means of access adjacent to the east of the B5260	At Point S as shown on Sheet 3 of the Streets, Rights of Way and Access Plans	At Point w as shown on Sheet 3 of the Streets, Rights of Way and Access Plans
Private means of access adjacent to the south of the A585	At Point T as shown on Sheet 3 of the Streets, Rights of Way and Access Plans	At Point z as shown on Sheet 3 of the Streets, Rights of Way and Access Plans
Private means of access adjacent to the east of Pool Foot Lane	At Point V as shown on Sheet 3 of the Streets, Rights of Way and Access Plans	At Point y as shown on Sheet 3 of the Streets, Rights of Way and Access Plans
Private means of access adjacent to the south of the A585	At Point W as shown on Sheet 4 of the Streets, Rights of Way and Access Plans	At Point z as shown on Sheet 3 of the Streets, Rights of Way and Access Plans
Private means of access adjacent to the north of the A585	At Point Z as shown on Sheet 1 of the Streets, Rights of Way and Access Plans	At Point ac as shown on Sheet 3 of the Streets, Rights of Way and Access Plans

PART 4 — PRIVATE MEANS OF ACCESS TO BE STOPPED UP AND FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

(1) Private means of access to be stopped up	(2) Extent of stopping up
Private means of access (gate) adjacent to the south of Old Mains Lane	At Point G as shown on Sheet 1 of the Streets, Rights of Way and Access Plans
Private means of access (gate) adjacent to the south of the A585	At Point H as shown on Sheet 1 of the Streets, Rights of Way and Access Plans
Private means of access (gate) adjacent to the south of the A585	At Point X as shown on Sheet 4 of the Streets, Rights of Way and Access Plans
Private means of access (gate) adjacent to the south of the A585	At Point Y as shown on Sheet 4 of the Streets, Rights of Way and Access Plans

SCHEDULE 5 — LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED

(1) Plot Reference Number shown on Land Plans	(2) Purpose for which rights over land may be acquired
Land Plans – Sheet 1	Land Plans – Sheet 1
1/34c	To construct, operate, access and maintain Skippool bridge (Work No.25)
Land Plans – Sheet 4	Land Plans – Sheet 4
4/02e, 4/06i	To construct, operate, access and maintain a culvert/ditch outfall (Work No.41)
4/06j, 4/08h	To construct, operate, access and maintain a culvert/ditch outfall (Work No.96)
4/08i	To construct, operate, access and maintain a culvert/ditch outfall (Work No.44)
4/08j	To construct, operate, access and maintain a culvert/ditch outfall (Work No.45)
4/08k	To operate, access and maintain a bridge
Land Plans – Sheet 5	Land Plans – Sheet 5
5/01m	To operate, access and maintain a bridge
5/01n, 5/02a, 5/02, 5/01d, 5/03, 5/04, 5/05a, 5/06f	To operate, access and maintain a drainage outfall (Work No.62)
5/14a, 5/13c, 5/09g, 5/13b	To construct, operate, access and maintain Lodge Lane Bridge (Work No.70)
Land Plans – Sheet 7	Land Plans – Sheet 7
7/10, 7/04e, 7/04d	To construct, operate, access and maintain a culvert/ditch outfall (Work No.92)

SCHEDULE 6 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

Compensation enactments

1

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

2

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

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

(5A) If— (a) the acquiring authority enters on land for the purposes 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 6 of the A585 Windy Harbour to Skippool Highway Development Consent Order 2020); (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 6 to the A585 Windy Harbour to Skippool Highway Development Consent Order 2020) 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 when it entered on that land for the purpose of exercising that right.

3

• (1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973[^f00076], 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 “land is acquired or taken from” substitute “a right or restrictive covenant over land is purchased from”; and

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

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 1965 Act)) to the acquisition of land under article 20 (compulsory acquisition of land) applies to the compulsory acquisition under this Order of a right by the creation of a new right, or to the imposition of a restrictive covenant under article 23(1) (compulsory acquisition of rights and restrictive covenants)—

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

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

5

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

• (2) References in the 1965 Act to land are, in the appropriate contexts, to be read (according to the requirements of the 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 enforced.

• (3) For section 7 (measure of compensation in case of severance) of the 1965 Act substitute—

(7) In assessing the compensation to be paid by the acquiring authority under this Act, regard must be had not only to the extent (if any) to which the value of the land over which the right is to be acquired or the restrictive covenant is to be imposed is depreciated by the acquisition of the right 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 modified so as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired or the restrictive covenant which is to be imposed is vested absolutely in the acquiring authority.

• (5) Section 11[^f00077] (powers of entry) of the 1965 Act is modified so as to secure that, where the acquiring authority has served notice to treat in respect of any right, as well as the notice of entry required by subsection (1) of that section (as it applies to compulsory acquisition under article 20), 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[^f00078] (powers of entry; further notices of entry), 11B[^f00079] (counter-notice requiring possession to be taken on specified date), 12[^f00080] (unauthorised entry) and 13[^f00081] (refusal to give possession to acquiring authority) of the 1965 Act are modified correspondingly.

• (6) Section 20[^f00082] (protection for interests of tenants at will, etc.) of the 1965 Act applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right or the enforcement of the restrictive covenant in question.

• (7) Section 22 (interests omitted from purchase) of the 1965 Act as modified by article 25(4) is also modified so as to enable the acquiring authority in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired, subject to compliance with that section as respects compensation.

• (8) For Schedule 2A of the 1965 Act substitute—

SCHEDULE 2A (1) (1) This Schedule applies where an acquiring authority serves a notice to treat in respect of a right over, or a restrictive covenant affecting, the whole or part of a house, building or factory and has not executed a general vesting declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 as applied by article 26 (application of the 1981 Act) of the A585 Windy Harbour to Skippool Highway Development Consent Order 2020 in respect of the land to which the notice to treat relates. (2) But see article 27(3) (acquisition of subsoil and airspace only) of the A585 Windy Harbour to Skippool Highway Development Consent Order 2020 which excludes the acquisition of subsoil or airspace 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 acquiring 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 acquiring authority must serve notice of its 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 acquiring authority decides to refer the counter-notice to the Upper Tribunal it must do so within the decision period. (8) If the acquiring authority does not serve notice of a decision within the decision period it is to be treated as if it had served notice of a decision to withdraw the notice to treat at the end of that period. (9) If the acquiring authority serves notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in the house, building or factory. (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 proposed use of the right or covenant proposed to be acquired, 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 acquiring authority ought to be required to take. (13) If the Upper Tribunal determines that the acquiring 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 acquiring authority ought to be required to take some or all of the house, building or factory, the acquiring 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 it 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. (15) Any dispute as to the compensation is to be determined by the Upper Tribunal.

SCHEDULE 7 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

(1) Plot Reference Number shown on Land Plans	(2) Purpose for which temporary possession may be taken	(3) Relevant part of the authorised development
Land Plans – Sheet 1	Land Plans – Sheet 1	Land Plans – Sheet 1
1/07a, 1/07f, 1/07l	Required to provide construction working area for replacement culvert and for the diversion of electric cables and associated auxiliary cables	Work No.6 Work No.115
1/05a, 1/05b	Required to provide construction working area for replacement culvert and dwarf wall and for the diversion of a water pipeline	Work No.34 Work No.115 Work No.122
1/05c	Required for the provision of the main site compound to include, but not limited to, site offices, welfare facilities, parking provisions, storage of plant and materials and the treatment of site generated waste	All Works
1/05d	Required to provide construction working area for the combined footway/cycleway and for the diversion of a water pipeline	Work No.17 Work No.34
1/30a, 1/34a	Required to provide an improved private means of access and for the diversion of a water pipeline and for the diversion of electric cables and associated auxiliary cables	Work No.23 Work No.24 Work No.30 Work No.31
1/30b, 1/34b, 1/34f, 1/34g	Required for the diversion of a water pipeline and for the diversion of electric cables and associated auxiliary cables	Work No.24 Work No.30 Work No.31
Land Plans – Sheet 3	Land Plans – Sheet 3	Land Plans – Sheet 3
3/01a	Required to provide a construction working area and improved private means of access	Work No.97
Land Plans – Sheet 4	Land Plans – Sheet 4	Land Plans – Sheet 4
4/02c	Required to provide a construction working area for highway boundary fencing and for the diversion of electric cables and associated auxiliary cables	Work No.36 Work No.40
4/02b, 4/02c, 4/03a, 4/02d, 4/06c, 4/06d, 4/06h, 4/06e, 4/06g, 4/08b, 4/08e, 4/08g	Required to provide a construction working area for highway boundary fencing	Work No.40
4/06d. 4/06h, 4/06g	Required to provide a construction working area for highway boundary fencing and for the diversion of electric cables and associated auxiliary cables	Work No.40 Work No.42
4/06f	Required to provide a flood mitigation area	Work No.98
4/08a	Required to provide a flood mitigation area	Work No.111
4/08d	Required to provide a flood mitigation area	Work No.110
4/08f	Required to provide a flood mitigation area	Work No.109
4/08l	Required to provide a construction working area and for drainage works	Work No.113
4/10a, 4/12	Required for the provision of the main site compound to include, but not limited to, site offices, welfare facilities, parking provisions, storage of plant and materials and the treatment of site generated waste	All Works
Land Plans – Sheet 5	Land Plans – Sheet 5	Land Plans – Sheet 5
5/01a	Required to provide a construction working area (including for construction material storage, construction access and storage of plant) and for the diversion of water pipelines	All Works
5/01c	Required to provide a construction working area for highway boundary fencing and for the diversion of a water pipeline	Work No.48 Work No.53 Work No.55 Work No.58
5/01e	Required to provide a temporary access for main construction compound	All Works
5/01f, 5/01k, 5/01i	Required to provide a construction working area for highway boundary fencing	Work No.57 Work No.58 Work No.59
5/01h, 5/06j	Required for the diversion of a water pipeline and construction working area for culvert	Work No.61 Work No.62
5/05b	Required for the diversion of a water pipeline	Work No.60
5/06a	Required to provide a borrow pit area and for the diversion of electric cables and associated auxiliary cables and water pipeline	Work No.63 Work No.61 Work No.64
5/06c	Required to provide a construction working area for highway boundary fencing and for the diversion of water pipelines and electric cables and associated auxiliary cables	Work No.58 Work No.59 Work No.61
5/06i	Required to provide a construction working area for the bridge and for the diversion of electric cables and associated auxiliary cables	Work No.58 Work No.70 Work No.64
5/06d	Required to provide a construction working area for highway boundary fencing and for the diversions of water pipelines and electric cables and associated auxiliary cables	Work No.58 Work No.60 Work No.61 Work No.72
5/06b	Required to provide a borrow pit area and for the diversion of electric cables and associated auxiliary cables and for diversion of a gas pipeline and for the diversion of water pipelines	Work No.60 Work No.61 Work No.69 Work No.72 Work No.78
5/06h	Required to provide a construction working area for the bridge and for the diversion of electric cables and associated auxiliary cables and gas pipeline	Work No. 69 Work No.70 Work No.72
5/07c, 5/15a	Required for the diversion of a water pipeline	Work No.61
5/12	Required to provide an improved private means of access and for the diversion of a gas pipeline	Work No.67 Work No.68
5/15, 5/07b, 5/07d	Required for the diversion of a water pipeline	Work No.60
5/09e, 5/09c, 5/09d, 5/09b	Required to provide an improved private means of access and for the diversion of electric cables and associated auxiliary works and for the diversion of a gas pipeline and for the diversion for telecommunications cables	Work No.71 Work No.72 Work No.73 Work No.74 Work No.75 Work No.76 Work No.120
Land Plans – Sheet 6	Land Plans – Sheet 6	Land Plans – Sheet 6
6/43a	Required to provide a construction working area for highway boundary fencing	Work No.87
Land Plans – Sheet 7	Land Plans – Sheet 7	Land Plans – Sheet 7
7/01a	Required to provide a construction working area for highway boundary fencing	Work No.58
7/02d	Required to provide a construction working area for highway boundary fencing and for the diversion of a water pipeline	Work No.58 Work No.77
7/06b, 7/06c, 7/08a, 7/07a	Required to provide a construction working area for highway boundary fencing	Work No.58 Work No.90 Work No.93
7/07b, 7/07c	Required to provide a construction working area for highway boundary fencing and pavement widening	Work No.58
7/04a	Required to provide a construction working area for highway boundary fencing and culvert	Work No.58 Work No.91
Land Plans – Sheet 8	Land Plans – Sheet 8	Land Plans – Sheet 8
8/02d	Required to provide a construction working area for highway boundary fencing	Work No.29
8/02e, 8/04	Required to provide a habitat mitigation area	All Works

SCHEDULE 8 — DEEMED MARINE LICENCE

PART 1 — INTRODUCTORY

Interpretation

1 1 In this licence— “the 2008 Act” means the Planning Act 2008[^f00083]; “the 2009 Act” means the Marine and Coastal Access Act 2009[^f00084]; “authorised development” has the meaning given in paragraph 4; “business day” means a day other than a Saturday or Sunday, which is not Christmas Day, Good Friday or a bank holiday under section 1 (bank holidays) of the Banking and Financial Dealings Act 1971[^f00085]; “the licence holder” means the undertaker and any agent, contractor or sub-contractor acting on its behalf; “licensed activity” means any activity described in Part 2 of this licence; “the Local Office” means MMO Office, Lutra House, Dodd Way, Walton Summit, Lancashire PR5 8BX; “the MMO” means the Marine Management Organisation; “the Order” means The A585 Windy Harbour to Skippool Highway Development Consent Order 2020; “the undertaker” means Highways England Company Limited (registered company number 09346363). 2 Unless otherwise specified, all geographical co-ordinates given in this licence are in latitude and longitude degrees and minutes to two decimal places. Addresses

2 1 Unless otherwise advised in writing by the MMO, the address for postal correspondence with the MMO for the purposes of this licence is the Marine Management Organisation, Marine Licensing Team, Lancaster House, Newcastle Business Park, Newcastle upon Tyne, NE4 7YH, telephone 0300 123 1032. 2 Unless otherwise advised in writing by the MMO, the address for electronic communication with the MMO for the purposes of this licence is marine.consents@marinemanagement.org.uk and the address for electronic communication with the Local Office for the purposes of this licence is preston@marinemanagement.org.uk.

PART 2 — LICENSED ACTIVITIES

3

Subject to the licence conditions in Part 4 of this licence, this licence authorises the licence holder to carry out any licensable marine activities under section 66(1) of the 2009 Act which—

• (a) form part of, or are related to, the authorised development; and

• (b) are not exempt from requiring a marine licence by virtue of any provision made under section 74 of the 2009 Act.

4

In this licence, “authorised development” means—

• (a) The construction of a culvert (Skippool Clough), approximately 104 metres in length, running directly beneath Skippool Junction, including the abandoning of the existing Skippool Clough culvert comprising—

• (i) Works to Horsebridge Dyke.

• (ii) The works include alterations of the headwall and apron including re-provision of the Environment Agency’s flap valve and alterations to highway drainage outfall through the headwall.

• (iii) Any works ancillary to these works.

• (b) The works described above are located at—

• (i) Point reference 1 – Easting 335495E, Northing 440629N, 10km Tile SD3549540629;

• (ii) Point reference 2 – Easting 335485E, Northing 440609N, 10km Tile SD3548540609;

• (iii) Point reference 3 – Easting 335485E, Northing 440610N, 10km Tile SD3548240610; and

• (iv) Point reference 4 – Easting 335491E, Northing 440630N, 10km Tile SD3549140630.

PART 3 — ENFORCEMENT

5

Any breach of this licence does not constitute a breach of the Order but is subject to the enforcement regime in Chapter 3 of Part 4 of the 2009 Act as a licence deemed to have been granted under section 149A of the 2008 Act.

PART 4 — CONDITIONS

6

The licence holder must inform the MMO and the Local Office in writing of the intended start date and the likely duration of licensed activities on a site at least 10 business days prior to the commencement of the first licensed marine activity.

7

Should the licence holder become aware that any of the information on which the granting of this licence was based has changed or is likely to change, the licence holder must notify the MMO at the earliest opportunity. Failure to do so may render this licence invalid and may lead to enforcement action.

8

The licence holder must ensure that any coatings and treatments used are approved by the Health and Safety Executive as suitable for use in the marine environment and are used in accordance with Environment Agency Pollution Prevention Guidelines.

9

The licence holder must ensure that the MMO and the Local Office is notified in writing of the completion of the works within 10 business days following the completion of any of the works.

10

The licence holder must ensure that any equipment, temporary structures, waste and debris associated with the works are removed within 6 weeks of completion of any of the works.

11

The licence holder must notify the MMO in writing of any agents, contractors or sub-contractors that will carry on any licensed activity listed in this licence on behalf of the licence holder. Such notification must be received by the MMO no less than 24 hours before the commencement of the licensed activity. The licence holder must ensure that a copy of this licence and any subsequent revisions or amendments has been provided to, read and understood by any agents, contractors or sub-contractors that will carry on the licensed activity on behalf of the licence holder.

12

Any oil fuel or chemical spill within the marine environment must be reported to the MMO Marine Pollution Response Team within 12 hours

• (a) Within office hours: 0300 200 2024

• (b) Outside office hours: 07770 977 825

• (c) At all times if other numbers are unavailable 0345 0518486. dispersants@marinemanagement.org.uk.

13

Bunding and/or storage facilities must be installed to contain and prevent the release of fuel, oils, and chemicals associated with plant, refuelling and construction equipment, into the marine environment. Secondary containment must be used with a capacity of no less than 110% of the container’s storage capacity.

14

The licence holder must submit a method statement to the MMO at least 10 weeks prior to the proposed commencement of the licensed activities. Once approved the method statement and any mitigation measures contained therein must be strictly adhered to. Licensed activities must not commence until written approval is used by the MMO.

15

The licence holder must not discharge waste concrete slurry or wash water from concrete or cement into the river. The licence holder must site concrete and cement mixing and washing areas at least 10 metres from the river or surface water drain to minimise the risk of run off entering the river.

16

Vibro-piling must be used as standard, with percussive piling only used if required to drive a pile to its design depth. If percussive piling is necessary soft-start procedures must be used to ensure incremental increase in pile power over a set time period until full operational power is achieved.

• (a) The sort-start duration must be a period of not less than twenty minutes.

• (b) Should piling cease for a period greater than ten minutes, then the soft start procedure must be repeated.

17

If concrete is to be sprayed suitable protective sheeting must be provided to prevent rebounded or windblown concrete from entering the water environment. Rebounded material must be cleared away before the sheeting is removed.

18

During licensed activities all wastes must be stored in designated areas that are isolated from surface water drains, open water and bunded to contain any spillage.

SCHEDULE 9 — HEDGEROWS AND TREES

PART 1 — HEDGEROWS

(1) Hedgerow	(2) Work to be carried out	(3) Relevant part of the authorised development	(4) Important Hedgerow
H1	Removal	Work Nos.13, 15, 16, 17, 21 and 34	No
H2	Removal	Work Nos.17, 21, 34 and 122	No
H3	Removal	Work Nos.21, 22, 26, 27 and 36	No
H4	Removal	Work Nos.28, 29, 30, 31, 32, 33 and 34	No
H5	Removal	Work Nos.38, 39 and 40	No
H6	Removal	Work No.41	Yes
H7	Removal	Work Nos.38 and 41	Yes
H8	Removal	Work Nos.40, 96 and 108	Yes
H9	Removal	Work Nos.40, 44 and 107	Yes
H10	Removal	Work No.107	Yes
H11	Removal	Work Nos.58, 60 and 62	Yes
H12	Removal	Work Nos.58, 64, 65, 67, 69, 70, 71, 72, 73, 74, 75 and 76	Yes
H13	Removal	Work Nos.58, 64, 65, 67, 69, 70, 71, 72, 73, 74, 75 and 76	No
H14	Removal	Work Nos.85, 87 and 89	No
H15	Removal	Work Nos. 58, 79 and 114	Yes
H16	Removal	Work Nos.58, 80, 81, 82, 91 and 92	No
H17	Removal	Work Nos.58 and 90	Yes
H18	Removal	Work Nos.58 and 93	Yes
H19	Removal	Work Nos.58, 80, 81, 82, 91 and 92	No
H20	Removal	Work No.58	No
H21	Removal	Work Nos.58, 80, 81, 82, 91 and 92	No
H22	Removal	Work No.97	No
H23	Removal	Work No.115	No

PART 2 — TREES SUBJECT TO TREE PRESERVATION ORDERS

(1) Type of tree	(2) Work to be carried out	(3) Relevant part of the authorised development	(4) TPO reference
Multiple species (group TPO)	Felling/Removal	Work Nos.58, 64, 65, 69, 70, 71 and 73	FYLDE TPO 1-1974

SCHEDULE 10 — PROTECTIVE PROVISIONS

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

1

For the protection of the utility undertakers referred to in this Part of this Schedule (excluding Cadent Gas Ltd to whom the provisions of Part 3 of this Schedule apply) the following provisions have effect, unless otherwise agreed in writing between the undertaker and the utility undertaker 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 no 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[^f00086]), belonging to or maintained by that utility undertaker for the purposes of electricity supply; in the case of a gas undertaker, 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[^f00087] 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; and in the case of a sewerage undertaker— any drain or works vested in the utility undertaker under the Water Industry Act 1991[^f00088]; and any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4)[^f00089] (adoption of sewers and disposal works) of that Act or an agreement to adopt made under section 104[^f00090] (agreement to adopt sewers, drains or sewage disposal works, at future date) of that Act, and includes a sludge main, disposal main (within the meaning of section 219 of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works, and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

• “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; and

• “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 utility 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 (street works in England and Wales) of the 1991 Act.

Apparatus in stopped up streets

4

• (1) Where any street is stopped up under article 13 (permanent stopping up and restriction of use of streets and private means of access), any utility undertaker whose apparatus is in the street has the same powers and rights in respect of that apparatus as it enjoyed immediately before the stopping up and the undertaker must grant to the utility undertaker legal easements reasonably satisfactory to the utility undertaker in respect of such apparatus and access to it, but nothing in this paragraph affects any right of the undertaker or of the utility undertaker to require the removal of that apparatus under paragraph 7 or the power of the undertaker to carry out works under paragraph 9.

• (2) Regardless of the temporary stopping up or diversion of any highway under the powers conferred by article 12 (temporary stopping up and restriction of use of streets), 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 18 (protective work to buildings), must exercise those powers so as not to obstruct or render less convenient the access to any apparatus.

Acquisition of land

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 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 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 43 (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 43 (arbitration), 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 43 (arbitration).

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

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 it 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) The value of any apparatus removed under the provisions of this Part of this Schedule must be deducted from any sum payable under sub-paragraph (1), that value being calculated after removal.

• (3) If in accordance with the provisions of this 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 43 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the utility undertaker in question by virtue of sub-paragraph (1) 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,

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

14

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

15

In this Part of this Schedule—

• “the 2003 Act” means the Communications Act 2003[^f00091];

• “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[^f00092];

• “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.

16

The exercise of the powers conferred by article 31 (statutory undertakers) is subject to Part 10 (undertaker’s works affecting electronic communications apparatus) of the electronic communications code.

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 43 (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 or 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 CADENT GAS LTD AS GAS UNDERTAKER

Application

18

The provisions of this Part of this Schedule have effect unless otherwise agreed in writing between the undertaker and Cadent.

Interpretation

19

In this Part of this Schedule—

• “acceptable insurance” means a third party public and products liability insurance maintained by the undertaker or their contractors with a limit of fifty million pounds (£50,000,000) in respect of any one occurrence without limit to the number of occurrences in any annual policy period, but fifty million pounds (£50,000,000) for any one occurrence and in the aggregate per annum in respect of liability arising out of products and pollution or contamination liability;

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

• “apparatus” means any gas mains, pipes, pressure governors, ventilators, cathodic protections, cables or other apparatus belonging to or maintained by Cadent for the purposes of gas supply together with any replacement apparatus and such other apparatus constructed pursuant to the Order that becomes operational apparatus of Cadent for the purposes of transmission, distribution and/or supply and includes any structure in which apparatus is or will be lodged or which gives or will give access to apparatus;

• “authorised works” has the same meaning as is given to the term “authorised development” in article 2(1) (interpretation) of this Order and includes any associated development authorised by the Order and for the purposes of this Part of this Schedule includes the use and maintenance of the authorised works and construction of any works authorised by this Part of this Schedule;

• “Cadent” means Cadent Gas Ltd and its successors in title and/or any successor as a gas transporter within the meaning of Part 1 of the Gas Act 1986[^f00093];

• “commence” has the same meaning as in article 2(1) of the Order and commencement shall be construed to have the same meaning save that for the purposes of this Part of the Schedule the terms commence and commencement include operations consisting of archaeological investigations, non-intrusive investigations for the purpose of assessing ground conditions, remedial work in respect of any contamination or other adverse ground conditions;