The Norfolk Vanguard Offshore Wind Farm Order 2020

• (f) In the event that piled foundations are proposed to be used, a marine mammal mitigation protocol, in accordance with the draft marine mammal mitigation protocol, the intention of which is to prevent injury to marine mammals and following current best practice as advised by the relevant statutory nature conservation bodies.

• (g) A cable specification, installation and monitoring plan, for the installation and protection of cables outside of the Haisborough, Hammond and Winterton Special Area of Conservation, to include—

• (i) technical specification of offshore cables (including fibre optic cable) below MHWS, including a desk-based assessment of attenuation of electro-magnetic field strengths, shielding and cable burial depth in accordance with industry good practice;

• (ii) a detailed cable (including fibre optic cable) laying plan for the Order limits, incorporating a burial risk assessment to ascertain suitable burial depths and cable laying techniques, including cable landfall and cable protection measures;

• (iii) proposals for monitoring offshore cables including cable (including fibre optic cable)protection during the operational lifetime of the authorised scheme which includes a risk based approach to the management of unburied or shallow buried cables; and

• (iv) appropriate methods such as a trawl or drift net to be deployed along Work No. 4A and 4B (export cables and fibre optic cables), following the survey referred to in condition 15(2)(b) to assess any seabed obstructions resulting from burial of the export cables and fibre optic cables.

• (h) An archaeological written scheme of investigation in relation to the offshore Order limits seaward of mean low water, which must accord with the outline written scheme of investigation (offshore) and industry good practice, in consultation with the statutory historic body (and, if relevant, North Norfolk District Council) to include—

• (i) details of responsibilities of the undertaker, archaeological consultant and contractor;

• (ii) a methodology for further site investigation including any specifications for geophysical, geotechnical and diver or remotely operated vehicle investigations;

• (iii) archaeological analysis of survey data, and timetable for reporting, which is to be submitted to the MMO within four months of any survey being completed;

• (iv) delivery of any mitigation including, where necessary, identification and modification of archaeological exclusion zones;

• (v) monitoring of archaeological exclusion zones during and post construction;

• (vi) a requirement for the undertaker to ensure that a copy of any agreed archaeological report is deposited with the National Record of the Historic Environment, by submitting a Historic England OASIS (Online Access to the Index of archaeological investigations) form with a digital copy of the report within six months of completion of construction of the authorised scheme, and to notify the MMO (and North Norfolk District Council where the report relates to the intertidal area) that the OASIS form has been submitted to the National Record of the Historic Environment within two weeks of submission;

• (vii) a reporting and recording protocol, including reporting of any wreck or wreck material during construction, operation and decommissioning of the authorised scheme; and

• (viii) a timetable for all further site investigations, which must allow sufficient opportunity to establish a full understanding of the historic environment within the offshore Order Limits and the approval of any necessary mitigation required as a result of the further site investigations prior to commencement of licensed activities.

• (i) A mitigation scheme for any habitats of principal importance identified by the survey referred to in condition 13(2)(a) and in accordance with the offshore in principle monitoring plan.

• (j) An offshore operations and maintenance plan, in accordance with the outline offshore operations and maintenance plan, to be submitted to the MMO at least four months prior to commencement of operation of the licensed activities and to provide for review and resubmission every three years during the operational phase.

• (k) An aids to navigation management plan to be agreed in writing by the MMO following consultation with Trinity House, to include details of how the undertaker will comply with the provisions of condition 5 for the lifetime of the authorised scheme.

• (l) In the event that piled foundations are proposed to be used, a site integrity plan which accords with the principles set out in the in principle Norfolk Vanguard Southern North Sea Special Area of Conservation Site Integrity Plan , and which the MMO is satisfied would provide such mitigation as is necessary to avoid adversely affecting the integrity (within the meaning of the 2017 Regulations) of a relevant site, to the extent that harbour porpoise are a protected feature of that site.

• (m) A site integrity plan which accords with the principles set out in the outline Norfolk Vanguard Haisborough, Hammond and Winterton Special Area of Conservation Site Integrity Plan and which the MMO (in consultation with the relevant statutory nature conservation body) is satisfied would provide such mitigation as is necessary to avoid adversely affecting the integrity (within the meaning of the 2017 Regulations) of a relevant site, to the extent that sandbanks and sabellaria spinulosa reefs are a protected feature of that site.

• (2) Pre-commencement surveys and archaeological investigations and pre-commencement material operations which involve intrusive seabed works must only take place in accordance with a specific written scheme of investigation which is itself in accordance with the details set out in the outline offshore written scheme of investigation (offshore), and which has been submitted to and approved by the MMO.

• (3) In the event that driven or part-driven pile foundations are proposed to be used, the hammer energy used to drive or part-drive the pile foundations must not exceed 5,000KJ.

10

• (1) Any archaeological reports produced in accordance with condition 9(1)(h)(iii) must be agreed with the MMO in consultation with the statutory historic body (and, if relevant, North Norfolk District Council).

• (2) The design plan required by condition 9(1)(a) must be prepared by the undertaker and determined by the MMO in accordance with the Development Principles.

• (3) Each programme, statement, plan, protocol or scheme required to be approved under condition 9 must be submitted for approval at least four months prior to the intended commencement of licensed activities, except where otherwise stated or unless otherwise agreed in writing by the MMO.

• (4) No licensed activity may commence until for that licensed activity the MMO has approved in writing any relevant programme, statement, plan, protocol or scheme required to be approved under condition 9 or approval has been given following an appeal in accordance with sub-paragraph (6).

• (5) Unless otherwise agreed in writing with the undertaker, the MMO must use reasonable endeavours to determine an application for approval made under condition 9 as soon as practicable and in any event within a period of four months commencing on the date the application if received by the MMO.

• (6) The licensed activities must be carried out in accordance with the plans, protocols, statements, schemes and details approved under condition 9, unless otherwise agreed in writing by the MMO.

• (7) No part of the authorised scheme may commence until the MMO, in consultation with the MCA, has confirmed in writing that the undertaker has taken into account and, so far as is applicable to that stage of the project, adequately addressed all MCA recommendations as appropriate to the authorised scheme contained within MGN543 “Offshore Renewable Energy Installations (OREIs) – Guidance on UK Navigational Practice, Safety and Emergency Response Issues” and its annexes.

Post-construction plans and documents

11

The undertaker must conduct a swath bathymetric survey to IHO S44ed5 Order 1a across the area(s) within the Order limits in which construction works were carried out and provide the data and survey report(s) to the MCA and UKHO.

Reporting of engaged agents, contractors and vessels

12

• (1) The undertaker must provide the following information to the MMO—

• (a) the name and function of any agent or contractor appointed to engage in the licensed activities within seven days of appointment; and

• (b) each week during the construction of the authorised scheme a completed Hydrographic Note H102 listing the vessels currently and to be used in relation to the licensed activities.

• (2) Any changes to the supplied details must be notified to the MMO in writing prior to the agent, contractor or vessel engaging in the licensed activities.

Pre-construction monitoring and surveys

13

• (1) The undertaker must, in discharging condition 9(1)(b), submit details (which accord with the offshore in principle monitoring plan) for written approval by the MMO in consultation with the relevant statutory bodies of proposed pre-construction surveys, including methodologies and timings, and a proposed format and content for a pre-construction baseline report; and—

• (a) the survey proposals must specify each survey’s objectives and explain how it will assist in either informing a useful and valid comparison with the post-construction position and/or will enable the validation or otherwise of key predictions in the environmental statement; and

• (b) the baseline report proposals must ensure that the outcome of the agreed surveys together with existing data and reports are drawn together to present a valid statement of the pre-construction position, with any limitations, and must make clear what post-construction comparison is intended and the justification for this being required.

• (2) The pre-construction surveys referred to in sub-paragraph (1) must, unless otherwise agreed with the MMO, have due regard to, but not be limited to, the need to undertake—

• (a) appropriate surveys to determine the location and extent of any benthic communities/benthos constituting Annex 1 reef habitats of principal importance in whole or in part inside the area(s) within the Order limits in which it is proposed to carry out construction works; and

• (b) a full sea floor coverage swath-bathymetry survey that meets the requirements of IHO S44ed5 Order 1a, and side scan sonar, of the area(s) within the Order limits in which it is proposed to carry out construction works.

• (3) The undertaker must carry out the surveys agreed under sub-paragraph (1) and provide the baseline report to the MMO in the agreed format in accordance with the agreed timetable, unless otherwise agreed in writing by the MMO in consultation with the relevant statutory nature conservation bodies.

Construction monitoring

14

• (1) The undertaker must, in discharging condition 9(1)(b), submit details (which accord with the offshore in principle monitoring plan) for approval by the MMO in consultation with the relevant statutory nature conservation bodies of any proposed monitoring, including methodologies and timings, to be carried out during the construction of the authorised scheme. The survey proposals must specify each survey’s objectives. In the event that driven or part-driven pile foundations are proposed, such monitoring must include measurements of noise generated by the installation of the first four piled foundations of each piled foundation type to be installed unless the MMO otherwise agrees in writing.

• (2) The undertaker must carry out the surveys approved under sub-paragraph (1), including any further noise monitoring required in writing by the MMO, and provide the agreed reports in the agreed format in accordance with the agreed timetable, unless otherwise agreed in writing with the MMO in consultation with the relevant statutory nature conservation bodies.

• (3) The results of the initial noise measurements monitored in accordance with sub-paragraph (1) must be provided to the MMO within six weeks of the installation of the first four piled foundations of each piled foundation type. The assessment of this report by the MMO will determine whether any further noise monitoring is required. If, in the opinion of the MMO in consultation with Natural England, the assessment shows significantly different impacts to those assessed in the environmental statement or failures in mitigation, all piling activity must cease until an update to the marine mammal mitigation protocol and further monitoring requirements have been agreed.

• (4) In the event that piled foundations are proposed to be used, the details submitted in accordance with the offshore in principle monitoring plan must include proposals for monitoring marine mammals.

Post construction

15

• (1) The undertaker must, in discharging condition 9(1)(b), submit details (which accord with the offshore in principle monitoring plan) for approval by the MMO in consultation with relevant statutory bodies of proposed post-construction surveys, including methodologies and timings, and a proposed format, content and timings for providing reports on the results. The survey proposals must specify each survey’s objectives and explain how it will assist in either informing a useful and valid comparison with the pre-construction position and/or will enable the validation or otherwise of key predictions in the environmental statement.

• (2) The post-construction surveys referred to in sub-paragraph (1) must, unless otherwise agreed with the MMO, have due regard to, but not be limited to, the need to undertake-

• (a) A survey to determine any change in the location, extent and composition of any benthic habitats of conservation, ecological and/or economic importance constituting Annex 1 reef habitats identified in the pre-construction survey in the parts of the Order limits in which construction works were carried out. The survey design must be informed by the results of the pre-construction benthic survey.

• (b) within twelve months of completion of the licensed activities, one full sea floor coverage swath-bathymetry survey that meets the requirements of IHO S44ed5 Order 1a across the area(s) within the Order limits in which construction works were carried out to assess any changes in bedform topography and such further monitoring or assessment as may be agreed to ensure that cables including fibre optic cables have been buried or protected.

• (3) The undertaker must carry out the surveys agreed under sub-paragraph (1) and provide the agreed reports in the agreed format in accordance with the agreed timetable, unless otherwise agreed in writing with the MMO in consultation with the relevant statutory nature conservation bodies.

• (4) Following installation of cables, the cable (including fibre optic cables) monitoring plan required under condition 9(1)(g)(iii) must be updated with the results of the post installation surveys. The plan must be implemented during the operational lifetime of the authorised scheme and reviewed as specified within the plan, following cable burial surveys, or as instructed by the MMO.

Reporting of impact pile driving

16

• (1) Only when driven or part-driven pile foundations are proposed to be used as part of the foundation installation the undertaker must provide the following information to the UK Marine Noise Registry—

• (a) prior to the commencement of the licensed activities, information on the expected location, start and end dates of impact pile driving to satisfy the Marine Noise Registry’s Forward Look requirements;

• (b) at six month intervals following the commencement of pile driving, information on the locations and dates of impact pile driving to satisfy the Marine Noise Registry’s Close Out requirements; and

• (c) within 12 weeks of completion of impact pile driving, information on the locations and dates of impact pile driving to satisfy the Marine Noise Registry’s Close Out requirements.

• (2) The undertaker must notify the MMO of the successful submission of Forward Look or Close Out data pursuant to paragraph (1) above within 7 days of the submission.

• (3) For the purpose of this condition—

• (a) “Marine Noise Registry” means the database developed and maintained by JNCC on behalf of Defra to record the spatial and temporal distribution of impulsive noise generating activities in UK seas;

• (b) “Forward Look” and “Close Out” requirements are as set out in the UK Marine Noise Registry Information Document Version 1 (July 2015) or any updated information document.

Reporting of cable protection

17

• (1) Not more than 4 months following completion of the construction phase of the authorised scheme, the undertaker must provide the MMO and the relevant statutory nature conservation bodies with a report setting out details of the cable protection used for the authorised scheme.

• (2) The report must include the following information—

• (a) location of the cable protection;

• (b) volume of cable protection; and

• (c) any other information relating to the cable protection as agreed between the MMO and the undertaker.

Restriction on cable installation construction works

18

During the months of January to March inclusive, construction activities consisting of cable installation for Work No. 4A and Work No. 4B must only take place with one main cable laying vessel.

Decommissioning of cable protection within marine protected areas

19

• (1) The obligations under paragraphs (2) and (3) shall only apply if and to the extent that—

• (a) cable protection is installed as part of the authorised project within an area designated as a European Site or MCZ as at the date of the grant of the Order; and

• (b) it is a requirement of the written decommissioning programme approved by the Secretary of State pursuant to sections 105 (requirement to prepare decommissioning programmes) of the 2004 Act, including any modification to the programme under section 108 (reviews and revisions of decommissioning programmes), that such cable protection is removed as part of the decommissioning of the authorised project.

• (2) Within such timeframe as specified within the decommissioning programme approved by the Secretary of State, the undertaker shall carry out an appropriate survey of cables within Work No. 1(c), that are subject to cable protection and that are situated within any European Site or MCZ to assess the integrity and condition of that cable protection and determine the appropriate extent of the feasibility of the removal of such cable protection having regard to the condition of the cable protection and feasibility of any new removal techniques at that time, and submit that along with a method statement for recovery of cable protection to the MMO.

• (3) Within such timeframe as specified within the decommissioning programme approved by the Secretary of State, the MMO must confirm whether or not it is satisfied with the method statement pursuant to (2) above.

• (4) If the MMO has confirmed it is satisfied pursuant to (3) above, then within such timeframe as specified within the decommissioning programme approved by the Secretary of State, the undertaker shall endeavour to recover the cable protection to the extent identified in the survey and according to the methodology set out in the method statement submitted pursuant to (2) above.

SCHEDULE 13 — Hedgerows

PART 1 — Removal of Potentially Important Hedgerows

(1)Area	(2)Reference of hedgerow
District of North Norfolk	The potentially important hedgerow marked 9 on the important hedgerows plan
District of North Norfolk	The potentially important hedgerow marked 10 on the important hedgerows plan
District of North Norfolk	The potentially important hedgerow marked 11 on the important hedgerows plan
District of North Norfolk	The potentially important hedgerow marked 12 on the important hedgerows plan
District of North Norfolk	The potentially important hedgerow marked 13 on the important hedgerows plan
District of North Norfolk	The potentially important hedgerow marked 14 on the important hedgerows plan
District of North Norfolk	The potentially important hedgerow marked 15 on the important hedgerows plan
District of North Norfolk	The potentially important hedgerow marked 16 on the important hedgerows plan
District of North Norfolk	The potentially important hedgerow marked 17 on the important hedgerows plan
District of North Norfolk	The potentially important hedgerow marked 18 on the important hedgerows plan
District of North Norfolk	The potentially important hedgerow marked 19 on the important hedgerows plan
District of North Norfolk	The potentially important hedgerow marked 20 on the important hedgerows plan
District of North Norfolk	The potentially important hedgerow marked 21 on the important hedgerows plan
District of North Norfolk	The potentially important hedgerow marked 22 on the important hedgerows plan
District of North Norfolk	The potentially important hedgerow marked 25 on the important hedgerows plan
District of North Norfolk	The potentially important hedgerow marked 27 on the important hedgerows plan
District of North Norfolk	The potentially important hedgerow marked 28 on the important hedgerows plan
District of North Norfolk	The potentially important hedgerow marked 29 on the important hedgerows plan
District of North Norfolk	The potentially important hedgerow marked 30 on the important hedgerows plan
District of North Norfolk	The potentially important hedgerow marked 31 on the important hedgerows plan
District of North Norfolk	The potentially important hedgerow marked 32 on the important hedgerows plan
District of North Norfolk	The potentially important hedgerow marked 33 on the important hedgerows plan
District of North Norfolk	The potentially important hedgerow marked 39 on the important hedgerows plan
District of North Norfolk	The potentially important hedgerow marked 40 on the important hedgerows plan
District of North Norfolk	The potentially important hedgerow marked 41 on the important hedgerows plan
District of North Norfolk	The potentially important hedgerow marked 42 on the important hedgerows plan
District of North Norfolk	The potentially important hedgerow marked 43 on the important hedgerows plan
District of North Norfolk	The potentially important hedgerow marked 44 on the important hedgerows plan
District of North Norfolk	The potentially important hedgerow marked 45 on the important hedgerows plan
District of North Norfolk	The potentially important hedgerow marked 46 on the important hedgerows plan
District of North Norfolk	The potentially important hedgerow marked 47 on the important hedgerows plan
District of North Norfolk	The potentially important hedgerow marked 48 on the important hedgerows plan
District of North Norfolk	The potentially important hedgerow marked 54 on the important hedgerows plan
District of North Norfolk	The potentially important hedgerow marked 55 on the important hedgerows plan
District of North Norfolk	The potentially important hedgerow marked 56 on the important hedgerows plan
District of North Norfolk	The potentially important hedgerow marked 57 on the important hedgerows plan
District of North Norfolk	The potentially important hedgerow marked 58 on the important hedgerows plan
District of North Norfolk	The potentially important hedgerow marked 59 on the important hedgerows plan
District of North Norfolk	The potentially important hedgerow marked 60 on the important hedgerows plan
District of North Norfolk	The potentially important hedgerow marked 61 on the important hedgerows plan
District of North Norfolk	The potentially important hedgerow marked 62 on the important hedgerows plan
District of North Norfolk	The potentially important hedgerow marked 63 on the important hedgerows plan
District of North Norfolk	The potentially important hedgerow marked 69 on the important hedgerows plan
District of North Norfolk	The potentially important hedgerow marked 70 on the important hedgerows plan
District of North Norfolk	The potentially important hedgerow marked 71 on the important hedgerows plan
District of North Norfolk	The potentially important hedgerow marked 72 on the important hedgerows plan
District of North Norfolk	The potentially important hedgerow marked 81 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 88 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 89 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 90 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 91 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 92 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 93 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 94 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 95 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 96 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 97 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 98 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 99 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 100 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 101 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 102 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 103 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 104 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 105 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 106 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 107 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 108 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 109 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 113 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 114 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 116 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 118 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 119 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 120 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 121 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 122 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 123 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 124 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 125 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 126 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 127 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 128 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 129 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 130 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 131 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 132 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 133 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 134 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 135 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 136 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 148 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 149 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 150 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 151 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 152 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 153 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 154 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 155 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 156 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 157 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 158 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 159 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 160 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 161 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 162 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 163 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 164 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 165 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 166 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 167 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 168 on the important hedgerows plan
District of Broadland	The potentially important hedgerow marked 173 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 177 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 178 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 179 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 180 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 184 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 185 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 186 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 187 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 188 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 189 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 190 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 192 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 193 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 197 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 207 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 208 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 209 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 210 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 211 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 212 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 213 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 214 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 215 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 216 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 217 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 218 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 219 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 220 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 221 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 222 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 223 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 224 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 227 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 228 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 229 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 230 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 231 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 232 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 233 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 234 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 235 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 250 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 251 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 260 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 261 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 266 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 267 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 268 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 269 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 270 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 271 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 272 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 273 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 274 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 275 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 276 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 277 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 284 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 288 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 289 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 290 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 291 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 292 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 293 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 303 on the important hedgerows plan

PART 2 — Removal of Important Hedgerows

(1)Area	(2)Reference of hedgerow
District of North Norfolk	The important hedgerow marked 2 on the important hedgerows plan
District of North Norfolk	The important hedgerow marked 4 on the important hedgerows plan
District of North Norfolk	The important hedgerow marked 6 on the important hedgerows plan
District of North Norfolk	The important hedgerow marked 8 on the important hedgerows plan
District of North Norfolk	The important hedgerow marked 23 on the important hedgerows plan
District of North Norfolk	The important hedgerow marked 24 on the important hedgerows plan
District of North Norfolk	The important hedgerow marked 26 on the important hedgerows plan
District of North Norfolk	The important hedgerow marked 34 on the important hedgerows plan
District of North Norfolk	The important hedgerow marked 36 on the important hedgerows plan
District of North Norfolk	The important hedgerow marked 37 on the important hedgerows plan
District of North Norfolk	The important hedgerow marked 49 on the important hedgerows plan
District of North Norfolk	The important hedgerow marked 50 on the important hedgerows plan
District of North Norfolk	The important hedgerow marked 52 on the important hedgerows plan
District of North Norfolk	The important hedgerow marked 64 on the important hedgerows plan
District of North Norfolk	The important hedgerow marked 65 on the important hedgerows plan
District of North Norfolk	The important hedgerow marked 66 on the important hedgerows plan
District of North Norfolk	The important hedgerow marked 67 on the important hedgerows plan
District of North Norfolk	The important hedgerow marked 68 on the important hedgerows plan
District of North Norfolk	The important hedgerow marked 73 on the important hedgerows plan
District of North Norfolk	The important hedgerow marked 74 on the important hedgerows plan
District of North Norfolk	The important hedgerow marked 75 on the important hedgerows plan
District of North Norfolk	The important hedgerow marked 76 on the important hedgerows plan
District of North Norfolk	The important hedgerow marked 77 on the important hedgerows plan
District of North Norfolk	The important hedgerow marked 78 on the important hedgerows plan
District of North Norfolk	The important hedgerow marked 80 on the important hedgerows plan
District of Broadland	The important hedgerow marked 82 on the important hedgerows plan
District of Broadland	The important hedgerow marked 83 on the important hedgerows plan
District of Broadland	The important hedgerow marked 84 on the important hedgerows plan
District of Broadland	The important hedgerow marked 85 on the important hedgerows plan
District of Broadland	The important hedgerow marked 86 on the important hedgerows plan
District of Broadland	The important hedgerow marked 87 on the important hedgerows plan
District of Broadland	The important hedgerow marked 110 on the important hedgerows plan
District of Broadland	The important hedgerow marked 111 on the important hedgerows plan
District of Broadland	The important hedgerow marked 112 on the important hedgerows plan
District of Broadland	The important hedgerow marked 115 on the important hedgerows plan
District of Broadland	The important hedgerow marked 146 on the important hedgerows plan
District of Broadland	The important hedgerow marked 169 on the important hedgerows plan
District of Broadland	The important hedgerow marked 170 on the important hedgerows plan
District of Broadland	The important hedgerow marked 174 on the important hedgerows plan
District of Broadland	The important hedgerow marked 175 on the important hedgerows plan
District of Broadland	The important hedgerow marked 176 on the important hedgerows plan
District of Breckland	The important hedgerow marked 181 on the important hedgerows plan
District of Breckland	The important hedgerow marked 182 on the important hedgerows plan
District of Breckland	The important hedgerow marked 195 on the important hedgerows plan
District of Breckland	The important hedgerow marked 196 on the important hedgerows plan
District of Breckland	The important hedgerow marked 198 on the important hedgerows plan
District of Breckland	The important hedgerow marked 199 on the important hedgerows plan
District of Breckland	The important hedgerow marked 200 on the important hedgerows plan
District of Breckland	The important hedgerow marked 201 on the important hedgerows plan
District of Breckland	The important hedgerow marked 202 on the important hedgerows plan
District of Breckland	The important hedgerow marked 203 on the important hedgerows plan
District of Breckland	The important hedgerow marked 204 on the important hedgerows plan
District of Breckland	The important hedgerow marked 205 on the important hedgerows plan
District of Breckland	The important hedgerow marked 206 on the important hedgerows plan
District of Breckland	The important hedgerow marked 225 on the important hedgerows plan
District of Breckland	The important hedgerow marked 226 on the important hedgerows plan
District of Breckland	The important hedgerow marked 236 on the important hedgerows plan
District of Breckland	The important hedgerow marked 237 on the important hedgerows plan
District of Breckland	The important hedgerow marked 238 on the important hedgerows plan
District of Breckland	The important hedgerow marked 239 on the important hedgerows plan
District of Breckland	The important hedgerow marked 241 on the important hedgerows plan
District of Breckland	The important hedgerow marked 242 on the important hedgerows plan
District of Breckland	The important hedgerow marked 243 on the important hedgerows plan
District of Breckland	The important hedgerow marked 244 on the important hedgerows plan
District of Breckland	The important hedgerow marked 245 on the important hedgerows plan
District of Breckland	The important hedgerow marked 252 on the important hedgerows plan
District of Breckland	The important hedgerow marked 253 on the important hedgerows plan
District of Breckland	The important hedgerow marked 254 on the important hedgerows plan
District of Breckland	The important hedgerow marked 255 on the important hedgerows plan
District of Breckland	The important hedgerow marked 256 on the important hedgerows plan
District of Breckland	The important hedgerow marked 257 on the important hedgerows plan
District of Breckland	The important hedgerow marked 258 on the important hedgerows plan
District of Breckland	The important hedgerow marked 259 on the important hedgerows plan
District of Breckland	The important hedgerow marked 263 on the important hedgerows plan
District of Breckland	The important hedgerow marked 264 on the important hedgerows plan
District of Breckland	The important hedgerow marked 265 on the important hedgerows plan
District of Breckland	The important hedgerow marked 278 on the important hedgerows plan
District of Breckland	The important hedgerow marked 279 on the important hedgerows plan
District of Breckland	The important hedgerow marked 280 on the important hedgerows plan
District of Breckland	The important hedgerow marked 281 on the important hedgerows plan
District of Breckland	The important hedgerow marked 282 on the important hedgerows plan
District of Breckland	The important hedgerow marked 283 on the important hedgerows plan
District of Breckland	The important hedgerow marked 285 on the important hedgerows plan
District of Breckland	The important hedgerow marked 286 on the important hedgerows plan
District of Breckland	The important hedgerow marked 287 on the important hedgerows plan
District of Breckland	The important hedgerow marked 294 on the important hedgerows plan
District of Breckland	The important hedgerow marked 295 on the important hedgerows plan
District of Breckland	The important hedgerow marked 296 on the important hedgerows plan
District of Breckland	The important hedgerow marked 297 on the important hedgerows plan
District of Breckland	The important hedgerow marked 299 on the important hedgerows plan
District of Breckland	The important hedgerow marked 302 on the important hedgerows plan
District of Breckland	The important hedgerow marked 304 on the important hedgerows plan
District of Breckland	The important hedgerow marked 308 on the important hedgerows plan
District of Breckland	The important hedgerow marked 312 on the important hedgerows plan
District of Breckland	The important hedgerow marked 313 on the important hedgerows plan
District of Breckland	The important hedgerow marked 314 on the important hedgerows plan
District of Breckland	The important hedgerow marked 315 on the important hedgerows plan
District of Breckland	The important hedgerow marked 316 on the important hedgerows plan

PART 3 — Removal of Hedgerows

(1)Area	(2)Reference of hedgerow
District of North Norfolk	The hedgerow marked 1 on the important hedgerows plan
District of North Norfolk	The hedgerow marked 3 on the important hedgerows plan
District of North Norfolk	The hedgerow marked 5 on the important hedgerows plan
District of North Norfolk	The hedgerow marked 7 on the important hedgerows plan
District of North Norfolk	The hedgerow marked 35 on the important hedgerows plan
District of North Norfolk	The hedgerow marked 38 on the important hedgerows plan
District of North Norfolk	The hedgerow marked 51 on the important hedgerows plan
District of North Norfolk	The hedgerow marked 53 on the important hedgerows plan
District of North Norfolk	The hedgerow marked 79 on the important hedgerows plan
District of Broadland	The hedgerow marked 117 on the important hedgerows plan
District of Broadland	The hedgerow marked 137 on the important hedgerows plan
District of Broadland	The hedgerow marked 138 on the important hedgerows plan
District of Broadland	The hedgerow marked 139 on the important hedgerows plan
District of Broadland	The hedgerow marked 140 on the important hedgerows plan
District of Broadland	The hedgerow marked 141 on the important hedgerows plan
District of Broadland	The hedgerow marked 142 on the important hedgerows plan
District of Broadland	The hedgerow marked 143 on the important hedgerows plan
District of Broadland	The hedgerow marked 144 on the important hedgerows plan
District of Broadland	The hedgerow marked 145 on the important hedgerows plan
District of Broadland	The hedgerow marked 147 on the important hedgerows plan
District of Broadland	The hedgerow marked 171 on the important hedgerows plan
District of Broadland	The hedgerow marked 172 on the important hedgerows plan
District of Breckland	The hedgerow marked 183 on the important hedgerows plan
District of Breckland	The hedgerow marked 191 on the important hedgerows plan
District of Breckland	The hedgerow marked 194 on the important hedgerows plan
District of Breckland	The hedgerow marked 240 on the important hedgerows plan
District of Breckland	The hedgerow marked 246 on the important hedgerows plan
District of Breckland	The hedgerow marked 247 on the important hedgerows plan
District of Breckland	The hedgerow marked 248 on the important hedgerows plan
District of Breckland	The hedgerow marked 249 on the important hedgerows plan
District of Breckland	The hedgerow marked 262 on the important hedgerows plan
District of Breckland	The hedgerow marked 298 on the important hedgerows plan
District of Breckland	The hedgerow marked 300 on the important hedgerows plan
District of Breckland	The hedgerow marked 301 on the important hedgerows plan
District of Breckland	The hedgerow marked 305 on the important hedgerows plan
District of Breckland	The hedgerow marked 306 on the important hedgerows plan
District of Breckland	The hedgerow marked 307 on the important hedgerows plan
District of Breckland	The hedgerow marked 309 on the important hedgerows plan
District of Breckland	The hedgerow marked 310 on the important hedgerows plan
District of Breckland	The hedgerow marked 311 on the important hedgerows plan

SCHEDULE 14 — ARBITRATION RULES

Primary objective

1

• (1) The primary objective of these Arbitration Rules is to achieve a fair, impartial, final and binding award on the substantive difference between the parties (save as to costs) within 4 months from the date the Arbitrator is appointed pursuant to article 38 (arbitration) of the Order.

• (2) The Parties will first use their reasonable endeavours to settle a dispute amicably through negotiations undertaken in good faith by the senior management of the Parties. Any dispute which is not resolved amicably by the senior management of the Parties within 20 business days of the dispute arising, or such longer period as agreed in writing by the Parties, shall be subject to arbitration in accordance with the terms of this Schedule.

• (3) The Arbitration is deemed to have commenced when a party (“the Claimant”) serves a written notice of arbitration on the other party (“the Respondent”).

Time periods

2

• (1) All time periods in these Arbitration Rules are measured in days and include weekends, but not bank or public holidays.

• (2) Time periods are calculated from the day after the Arbitrator is appointed which is either:

• (a) the date the Arbitrator notifies the parties in writing of his/her acceptance of an appointment by agreement of the parties; or

• (b) the date the Arbitrator is appointed by the Secretary of State.

Timetable

3

• (1) The timetable for the Arbitration is set out in sub–paragraphs (2) to (4) below unless amended in accordance with sub–paragraph 5(3).

• (2) Within 14 days of the Arbitrator being appointed, the Claimant must provide both the Respondent and the Arbitrator with:

• (a) a written Statement of Claim which describes the nature of the difference between the parties, the legal and factual issues, the Claimant’s contentions as to those issues, the amount of its claim and/or the remedy it is seeking; and

• (b) all statements of evidence and copies of all documents on which it relies, including contractual documentation, correspondence (including electronic documents), legal precedents and expert witness reports.

• (3) Within 14 days of receipt of the Claimant’s statements under sub–paragraph (2) by the Arbitrator and Respondent, the Respondent must provide the Claimant and the Arbitrator with:

• (a) a written Statement of Defence responding to the Claimant’s Statement of Claim, its statement in respect of the nature of the difference, the legal and factual issues in the Claimant’s claim, its acceptance of any element(s) of the Claimant’s claim, its contentions as to those elements of the Claimant’s claim it does not accept;

• (b) all statements of evidence and copies of all documents on which it relies, including contractual documentation, correspondence (including electronic documents), legal precedents and expert witness reports; and

• (c) any objections it wishes to make to the Claimant’s statements, comments on the Claimant’s expert report(s) (if submitted by the Claimant) and explanations for the objections.

• (4) Within 7 days of the Respondent serving its statements sub–paragraph (3), the Claimant may make a Statement of Reply by providing both the Respondent and the Arbitrator with:

• (a) a written statement responding to the Respondent’s submissions, including its reply in respect of the nature of the difference, the issues (both factual and legal) and its contentions in relation to the issues;

• (b) all statements of evidence and copies of documents in response to the Respondent’s submissions;

• (c) any expert report in response to the Respondent’s submissions;

• (d) any objections to the statements of evidence, expert reports or other documents submitted by the Respondent; and

• (e) its written submissions in response to the legal and factual issues involved.

Procedure

4

• (1) The parties’ pleadings, witness statements and expert reports (if any) must be concise. No single pleading is to exceed 30 single-sided A4 pages using 10pt Arial font.

• (2) The Arbitrator must make an award on the substantive difference(s) based solely on the written material submitted by the parties unless the Arbitrator decides that a hearing is necessary to explain or resolve any matters.

• (3) Either party may, within 2 days of delivery of the last submission, request a hearing giving specific reasons why it considers a hearing is required.

• (4) Within 7 days of receiving the last submission, the Arbitrator must notify the parties whether a hearing is to be held and the length of that hearing.

• (5) Within 10 days of the Arbitrator advising the parties that he is to hold a hearing, the date and venue for the hearing must be fixed by agreement with the parties, save that if there is no agreement the Arbitrator must direct a date and venue which he considers is fair and reasonable in all the circumstances. The date for the hearing must not be less than 35 days from the date of the Arbitrator’s direction confirming the date and venue of the hearing.

• (6) A decision must be made by the Arbitrator on whether there is any need for expert evidence to be submitted orally at the hearing. If oral expert evidence is required by the Arbitrator, then any expert(s) attending the hearing may be asked questions by the Arbitrator.

• (7) There is no process of examination and cross-examination of experts, but the Arbitrator must invite the parties to ask questions of the experts by way of clarification of any answers given by the expert(s) in response to the Arbitrator’s questions. Prior to the hearing the procedure for the expert(s) is:

• (a) at least 28 days before a hearing, the Arbitrator must provide a list of issues to be addressed by the expert(s);

• (b) if more than one expert is called, they are to jointly confer and produce a joint report or reports within 14 days of the issues being provided; and

• (c) the form and content of a joint report must be as directed by the Arbitrator and must be provided at least 7 days before the hearing.

• (8) Within 14 days of a Hearing or a decision by the Arbitrator that no hearing is to be held the Parties may by way of exchange provide the Arbitrator with a final submission in connection with the matters in dispute and any submissions on costs. The Arbitrator must take these submissions into account in the Award.

• (9) The Arbitrator may make other directions or rulings as considered appropriate in order to ensure that the parties comply with the timetable and procedures to achieve an award on the substantive difference within 4 months of the date on which they are appointed, unless both parties otherwise agree to an extension to the date for the award.

• (10) If a party fails to comply with the timetable, procedure or any other direction then the Arbitrator may continue in the absence of a party or submission or document, and may make a decision on the information before them attaching the appropriate weight to any evidence submitted beyond any timetable or in breach of any procedure and/or direction.

• (11) The Arbitrator’s award must include reasons. The parties must accept that the extent to which reasons are given are proportionate to the issues in dispute and the time available to the Arbitrator to deliver the award.

Arbitrator’s powers

5

• (1) The Arbitrator has all the powers of the Arbitration Act 1996[^f00057], including the non-mandatory sections, save where modified by these Rules.

• (2) There must be no discovery or disclosure, except that the Arbitrator has the power to order the parties to produce such documents as are reasonably requested by another party no later than the Statement of Reply, or by the Arbitrator, where the documents are manifestly relevant, specifically identified and the burden of production is not excessive. Any application and orders are to be made by way of a Redfern Schedule without any hearing.

• (3) Any time limits fixed in accordance with this procedure or by the Arbitrator may be varied by agreement between the parties, subject to any such variation being acceptable to and approved by the Arbitrator. In the absence of agreement, the Arbitrator may vary the timescales and/or procedure:

• (a) if the Arbitrator is satisfied that a variation of any fixed time limit is reasonably necessary to avoid a breach of the rules of natural justice and then;

• (b) only for such a period that is necessary to achieve fairness between the parties.

• (4) On the date the award is made, the Arbitrator must notify the parties that the award is completed, signed and dated, and that it is to be issued to the parties on receipt of cleared funds for the Arbitrator’s fees and expenses.

Costs

6

• (1) The costs of the Arbitration must include the fees and expenses of the Arbitrator, the reasonable fees and expenses of any experts and the reasonable legal and other costs incurred by the parties for the Arbitration.

• (2) Where the difference involves connected/interrelated issues, the Arbitrator must consider the relevant costs collectively.

• (3) The final award must fix the costs of the arbitration and decide which of the parties must bear them or in what proportion they are to be borne by the parties.

• (4) The Arbitrator must award recoverable costs on the general principle that costs follow the event, having regard to all material circumstances, including such matters as exaggerated claims and/or defences, the degree of success for different elements of the claims, claims that have incurred substantial costs, the conduct of the parties and the degree of success of a party.

Confidentiality

7

• (1) The parties agree that any hearings in this Arbitration must take place in private.

• (2) The parties and Arbitrator agree that any matters, materials, documents, awards, expert reports and the like are confidential and must not be disclosed to any third party without prior written consent of the other party, save for any application to the Courts and/or save for compliance with legislative rules, functions or obligations on either party.

SCHEDULE 15 — Procedure for discharge of Requirements

Applications made under requirement

1

• (1) Where an application has been made to a discharging authority for any agreement or approval required pursuant to requirements 13, 14, 16, 17, 18, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 32, 33 and 34 in Part 3 of Schedule 1 (requirements) of this Order:

• (a) the undertaker must give the discharging authority sufficient information to identify the requirement(s) to which the application relates;

• (b) the undertaker must provide such particulars, and the request be accompanied by such plans and drawings, as are reasonably considered necessary to deal with the application.

• (2) The discharging authority must give notice to the undertaker of its decision on the application before the end of the decision period.

• (3) For the purposes of sub-paragraph (2), the decision period is—

• (a) where no further information is requested under paragraph 2 (further information), 8 weeks from the day immediately following that on which the application is received by the discharging authority;

• (b) where further information is requested under paragraph 2 (further information), 8 weeks from the day immediately following that on which further information has been supplied by the undertaker under paragraph 2; or

• (c) such longer period as may be agreed by the undertaker and the discharging authority in writing before the end of the period in sub-paragraph (a) or (b).

Further information

2

• (1) In relation to any application to which this Schedule applies, the discharging authority has the right to request such further information from the undertaker as is necessary to enable it to consider the application.

• (2) If the discharging authority considers such further information to be necessary and the requirement does not specify that consultation with a requirement consultee is required, it must, as soon as reasonably practicable and within 20 business days of receipt of the application, notify the undertaker in writing specifying the further information required.

• (3) If the requirement specifies that consultation with a requirement consultee is required, the discharging authority must issue the consultation to the requirement consultee within 10 business days of receipt of the application, and must notify the undertaker in writing specifying any further information requested by the requirement consultee within 10 business days of receipt of such a request and in any event within 42 days of receipt of the application.

• (4) If the discharging authority does not give such notification as specified in sub-paragraph (2) or (3) it is deemed to have sufficient information to consider the application and is not thereafter entitled to request further information without the prior agreement of the undertaker.

Appeals

3

• (1) The undertaker may appeal to the Secretary of State in the event that—

• (a) the discharging authority refuses an application for any agreement or approval required by a requirement included in this Order;

• (b) the discharging authority does not give notice of its decision to the undertaker within the decision period as determined in paragraph 1;

• (c) on receipt of a request for further information pursuant to paragraph 2 (further information) the undertaker considers that either the whole or part of the specified information requested by the discharging authority is not reasonably necessary for consideration of the application; or

• (d) on receipt of any further information requested, the discharging authority notifies the undertaker that the information provided is inadequate and requests additional information which the undertaker considers is not reasonably necessary for consideration of the application.

• (2) The appeal process is as follows—

• (a) the undertaker must submit the appeal documentation to the Secretary of State, a copy of the application submitted to the discharging authority and any supporting documentation which the undertaker may wish to provide (“the appeal documentation”);

• (b) the undertaker must on the same day provide copies of the appeal documentation to the discharging authority and the requirement consultee (if applicable);

• (c) as soon as is practicable after receiving the appeal documentation, but in any event within 28 business days of receiving the appeal documentation, the Secretary of State must appoint a person and forthwith notify the appeal parties of the identity of the appointed person and the address to which all correspondence for that person’s attention should be sent;

• (d) the discharging authority and the requirement consultee (if applicable) must submit written representations to the appointed person in respect of the appeal within 20 business days of the date on which the appeal parties are notified of the appointment of a person under paragraph (c) and must ensure that copies of their written representations are sent to each other and to the undertaker on the day on which they are submitted to the appointed person; and

• (e) the appeal parties must make any counter-submissions to the appointed person within 20 business days of receipt of written representations pursuant to sub-paragraph (d) above.

• (3) The appointed person must make his decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable. If the appointed person considers that further information is necessary to enable him to consider the appeal he must, as soon as practicable, notify the appeal parties in writing specifying the further information required, the appeal party from whom the information is sought, and the date by which the information is to be submitted.

• (4) Any further information required pursuant to sub-paragraph (3) must be provided by the party from whom the information is sought to the appointed person and to other appeal parties by the date specified by the appointed person. Any written representations concerning matters contained in the further information must be submitted to the appointed person, and made available to all appeal parties within 20 business days of that date.

• (5) On an appeal under this paragraph, the appointed person may—

• (a) allow or dismiss the appeal; or

• (b) reverse or vary any part of the decision of the discharging authority (whether the appeal relates to that part of it or not),

and may deal with the application as if it had been made to the appointed person in the first instance.

• (6) The appointed person may proceed to a decision on an appeal taking into account only such written representations as have been sent within the time limits prescribed, or set by the appointed person, under this paragraph.

• (7) The appointed person may proceed to a decision even though no written representations have been made within those time limits, if it appears to the appointed person that there is sufficient material to enable a decision to be made on the merits of the case.

• (8) The decision of the appointed person on an appeal is final and binding on the parties, and a court may entertain proceedings for questioning the decision only if the proceedings are brought by a claim for judicial review.

• (9) If an approval is given by the appointed person pursuant to this Schedule, it is deemed to be an approval for the purpose of Part 3 of Schedule 1 (requirements) as if it had been given by the discharging authority. The discharging authority may confirm any determination given by the appointed person in identical form in writing but a failure to give such confirmation (or a failure to give it in identical form) may not be taken to affect or invalidate the effect of the appointed person’s determination.

• (10) Save where a direction is given pursuant to sub-paragraph (11) requiring the costs of the appointed person to be paid by the discharging authority, the reasonable costs of the appointed person must be met by the undertaker.

• (11) On application by the discharging authority or the undertaker, the appointed person may give directions as to the costs of the appeal parties and as to the parties by whom the costs of the appeal are to be paid. In considering whether to make any such direction and the terms on which it is to be made, the appointed person must have regard to the Planning Practice Guidance on the award of costs or any guidance which may from time to time replace it.

Interpretation of this Schedule

4

In this Schedule—

• “the appeal parties” means the discharging authority, the requirement consultee and the undertaker;

• “business day” means a day other than Saturday or Sunday which is not Christmas Day, Good Friday or a bank holiday under section 1 of the Banking and Financial Dealings Act 1971;

• “discharging authority” means that person or body responsible for approving details pursuant to requirements 13, 14, 16, 17, 18, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 32, 33 and 34 in Part 3 of Schedule 1 (requirements);

• “requirement consultee” means any body named in a requirement which is the subject of an appeal as a body to be consulted by the discharging authority in discharging that requirement.

SCHEDULE 16 — PROTECTIVE PROVISIONS

PART 1 — Protection for electricity, gas, water and sewerage undertakers

1

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

2

In this Part—

• “affected undertaker” meansany licence holder within the meaning of Part 1 (electricity supply) of the 1989Act;a gas transporter within the meaning of Part 1 (gas supply) of the Gas Act 1986[^f00058];a water undertaker within the meaning of the Water Industry Act 1991[^f00059]; anda sewerage undertaker within the meaning of Part 1 (preliminary) of the Water Industry Act 1991,for the area of the authorised development, and in relation to any apparatus, means the undertaker to whom it belongs or by whom it is maintained.

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

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

• “functions” includes powers and duties; and

• “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.

3

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

4

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

5

• (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, that apparatus must not be removed under this Part and any right of an affected 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 affected undertaker in question.

• (2) If, for the purpose of executing any works in, on or under any land purchased, held, or used under this Order, the undertaker requires the removal of any apparatus placed in that land, it mustgive to the affected undertaker in question written notice of that requirement, together with a plan and section of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order an affected undertaker reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to the affected 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 affected undertaker in question shall, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use all reasonable endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed.

• (4) Any alternative apparatus to be constructed in land of the undertaker under this Part shall be constructed in such manner and in such line or situation as may be agreed between the affected undertaker in question and the undertaker or in default of agreement settled by arbitration in accordance with article 38 (arbitration).

• (5) The affected undertaker in question must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 38 (arbitration), and after the grant to the affected undertaker of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part.

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

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

6

• (1) Where, in accordance with the provisions of this Part, the undertaker affords to an affected 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 shall be granted upon such terms and conditions as may be agreed between the undertaker and the affected undertaker in question or in default of agreement settled by arbitration in accordance with article 38 (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 affected 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 shall make such provision for the payment of compensation by the undertaker to that affected undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

7

• (1) Not less than 28 days before starting the execution of any works of the type referred to in paragraph 5(2) that are near to, or will or may affect, any apparatus the removal of which has not been required by the undertaker under paragraph 5(2), the undertaker shall submit to the affected undertaker in question a plan, section and description of the works to be executed.

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

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

• (4) If an affected 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 6 shall apply as if the removal of the apparatus had been required by the undertaker under paragraph 5(2).

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

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

8

• (1) Subject to the following provisions of this paragraph, the undertaker shall repay to an affected undertaker the reasonable expenses incurred by that affected undertaker in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any new apparatus (including costs or compensation payable in connection with the acquisition of land for that purpose) which may be required in consequence of the execution of any such works as are referred to in paragraph 5(2).

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

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

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

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

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 38 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part 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 affected undertaker in question by virtue of sub-paragraph (1) shall 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 shall not 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 cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole shall 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 an affected undertaker in respect of works by virtue of sub-paragraph (1) shall, 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 affected undertaker any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

9

• (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any such works referred to in paragraph 5(2), any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of an affected undertaker, or there is any interruption in any service provided, or in the supply of any goods, by any affected undertaker, the undertaker must—

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

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

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

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

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

10

Any difference or dispute arising between the undertaker and the affected undertaker under this Schedule must, unless otherwise agreed in writing between the undertaker and the affected undertaker, be determined by arbitration in accordance with article 38 (arbitration).

11

Nothing in this Part shall affect the provisions of any enactment or agreement regulating the relations between the undertaker and an affected 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 National Grid as Electricity and Gas Undertaker

Application

12

For the protection of National Grid referred to in this Part the following provisions will, unless otherwise agreed in writing between the promoter and National Grid, have effect.

Interpretation

13

In this Part—

• “1991 Act” means the New Roads and Street Works Act 1991;