The A47/A11 Thickthorn Junction Development Consent Order 2022

(1) Area	(1) Area	(2) Highway to be stopped up	(2) Highway to be stopped up	(3) Extent of stopping up	(3) Extent of stopping up	(4) New highway to be substituted/provided
The rights of way and access plans – sheet 1	The rights of way and access plans – sheet 1	The rights of way and access plans – sheet 1	The rights of way and access plans – sheet 1	The rights of way and access plans – sheet 1	The rights of way and access plans – sheet 1	The rights of way and access plans – sheet 1
Hethersett					Reference D1 to D2 Widening of carriageway from point D1 70 metres north west of the A11 Hethersett Bypass in a south-easterly and then north-easterly direction to point D2 on the A11 Hethersett Bypass, a distance of 140 metres.	Reference D1 to D2 Widening of carriageway from point D1 70 metres north west of the A11 Hethersett Bypass in a south-easterly and then north-easterly direction to point D2 on the A11 Hethersett Bypass, a distance of 140 metres.
The rights of way and access plans – sheet 2	The rights of way and access plans – sheet 2	The rights of way and access plans – sheet 2	The rights of way and access plans – sheet 2	The rights of way and access plans – sheet 2	The rights of way and access plans – sheet 2	The rights of way and access plans – sheet 2
Hethersett					Reference D11 to D12 The A11/A47connector road from point D11 284 metres south-west of the A11 Cantley Stream crossing in a northerly direction to the Ward Wood’s underpass where it passes underneath the A11; then in an easterly direction to Cantley Lane underpass where it passes underneath the A47, then in a south-easterly direction to a point D12 (sheet 7) 5m north of the A47 Cantley Stream crossing on the A47 a distance of 1761 metres.	Reference D11 to D12 The A11/A47connector road from point D11 284 metres south-west of the A11 Cantley Stream crossing in a northerly direction to the Ward Wood’s underpass where it passes underneath the A11; then in an easterly direction to Cantley Lane underpass where it passes underneath the A47, then in a south-easterly direction to a point D12 (sheet 7) 5m north of the A47 Cantley Stream crossing on the A47 a distance of 1761 metres.
The rights of way and access plans – sheet 3	The rights of way and access plans – sheet 3	The rights of way and access plans – sheet 3	The rights of way and access plans – sheet 3	The rights of way and access plans – sheet 3	The rights of way and access plans – sheet 3	The rights of way and access plans – sheet 3
Hethersett; Ketteringham	Reference A1 to A2 Cantley Lane South	Reference A1 to A2 Cantley Lane South	Reference A1 to A2 From a point A1 32 metres south of the existing property access in a northerly direction to point A2, a distance of 169 metres.	Reference A1 to A2 From a point A1 32 metres south of the existing property access in a northerly direction to point A2, a distance of 169 metres.	Reference D9 to D10 Realignment of Cantley Lane South. To be substituted by a new length of highway from a point D9 104 metres south of the centreline of the junction with Cantley Lane Link Road in a northerly direction to tie into point D10 on the existing Cantley Lane South, a distance of 187 metres.	Reference D9 to D10 Realignment of Cantley Lane South. To be substituted by a new length of highway from a point D9 104 metres south of the centreline of the junction with Cantley Lane Link Road in a northerly direction to tie into point D10 on the existing Cantley Lane South, a distance of 187 metres.
Hethersett; Ketteringham					Reference D7 to D8 A new length of highway between point D7 to point D8 on Cantley Lane South, a distance of 9 metres.	Reference D7 to D8 A new length of highway between point D7 to point D8 on Cantley Lane South, a distance of 9 metres.
The rights of way and access plans – sheet 5	The rights of way and access plans – sheet 5	The rights of way and access plans – sheet 5	The rights of way and access plans – sheet 5	The rights of way and access plans – sheet 5	The rights of way and access plans – sheet 5	The rights of way and access plans – sheet 5
Hethersett					Reference D3 to D4 Widening of B1172 Norwich Road New length of carriageway from point D3 175 metres west of the centre of the B1172 / Cantley Lane Link Road junction, in an easterly direction to point D4, a distance of 283 metres.	Reference D3 to D4 Widening of B1172 Norwich Road New length of carriageway from point D3 175 metres west of the centre of the B1172 / Cantley Lane Link Road junction, in an easterly direction to point D4, a distance of 283 metres.
Hethersett					Reference D5 to D6 New Cantley Lane Link Road New length of carriageway from point D5 295 metres west of the centre of the B1172 McDonalds roundabout in a southerly direction and then a south-westerly direction to point D6 (sheet 3) on Cantley Lane South, a distance of 106 metres.	Reference D5 to D6 New Cantley Lane Link Road New length of carriageway from point D5 295 metres west of the centre of the B1172 McDonalds roundabout in a southerly direction and then a south-westerly direction to point D6 (sheet 3) on Cantley Lane South, a distance of 106 metres.
The rights of way and access plans – sheet 6	The rights of way and access plans – sheet 6	The rights of way and access plans – sheet 6	The rights of way and access plans – sheet 6	The rights of way and access plans – sheet 6	The rights of way and access plans – sheet 6	The rights of way and access plans – sheet 6
Hethersett; Ketteringham; Cringleford					Reference D13 to D14 A new segregated left turn lane from point D14 on the A47 in a north-westerly direction towards Thickthorn junction and then in a south-westerly direction to join the A11 at point D13, a distance of 424 metres.	Reference D13 to D14 A new segregated left turn lane from point D14 on the A47 in a north-westerly direction towards Thickthorn junction and then in a south-westerly direction to join the A11 at point D13, a distance of 424 metres.
Hethersett; Ketteringham; Cringleford					Reference D15 to D16 A new southbound merge slip road from point D15 at the Thickthorn junction in a south-easterly direction to point D16 (sheet 7) on the A47, a distance of 692 metres.	Reference D15 to D16 A new southbound merge slip road from point D15 at the Thickthorn junction in a south-easterly direction to point D16 (sheet 7) on the A47, a distance of 692 metres.
Ketteringham; Cringleford	Reference A8 to A10 Cringleford BR5 and bridleway (unnamed)	Reference A8 to A10 Cringleford BR5 and bridleway (unnamed)	Reference A8 to A10 From a point A8 (sheet 7) at the base of the existing A47 footbridge in a northerly direction to point A10, a distance of 174 metres.	Reference A8 to A10 From a point A8 (sheet 7) at the base of the existing A47 footbridge in a northerly direction to point A10, a distance of 174 metres.	Reference CF5 to CF6 (sheet 7) To be substituted for a length of bridleway from point CF5 on Cantley Lane South crossing the A47 over the proposed Cantley Lane footbridge to point CF 6 on Cantley Lane, a distance of 359 metres.	Reference CF5 to CF6 (sheet 7) To be substituted for a length of bridleway from point CF5 on Cantley Lane South crossing the A47 over the proposed Cantley Lane footbridge to point CF 6 on Cantley Lane, a distance of 359 metres.
Ketteringham; Cringleford	Reference A11 to A12 Bridleway (unnamed)	Reference A11 to A12 Bridleway (unnamed)	Reference A11 to A12 From a point A11 at the A47 southbound merge slip road pegasus crossing in a south-westerly direction to point A12, a distance of 92 metres.	Reference A11 to A12 From a point A11 at the A47 southbound merge slip road pegasus crossing in a south-westerly direction to point A12, a distance of 92 metres.	Reference CF5 to CF6 (sheet 7) To be substituted for a length of bridleway from point CF5 on Cantley Lane South crossing the A47 over the proposed Cantley Lane footbridge to point CF6 on Cantley Lane, a distance of 359 metres.	Reference CF5 to CF6 (sheet 7) To be substituted for a length of bridleway from point CF5 on Cantley Lane South crossing the A47 over the proposed Cantley Lane footbridge to point CF6 on Cantley Lane, a distance of 359 metres.
Ketteringham; Cringleford	Reference A13 to A14 Bridleway (unnamed)	Reference A13 to A14 Bridleway (unnamed)	Reference A13 to A14 From a point A13 at the A47 northbound diverge slip road pegasus crossing in a south-westerly and then south-easterly direction to point A14, a distance of 156 metres.	Reference A13 to A14 From a point A13 at the A47 northbound diverge slip road pegasus crossing in a south-westerly and then south-easterly direction to point A14, a distance of 156 metres.	Reference CF5 to CF6 (sheet 7) To be substituted for a length of bridleway from point CF5 on Cantley Lane South crossing the A47 over the proposed Cantley Lane footbridge to point CF 6 on Cantley Lane, a distance of 359 metres.	Reference CF5 to CF6 (sheet 7) To be substituted for a length of bridleway from point CF5 on Cantley Lane South crossing the A47 over the proposed Cantley Lane footbridge to point CF 6 on Cantley Lane, a distance of 359 metres.
The rights of way and access plans – sheet 7	The rights of way and access plans – sheet 7	The rights of way and access plans – sheet 7	The rights of way and access plans – sheet 7	The rights of way and access plans – sheet 7	The rights of way and access plans – sheet 7	The rights of way and access plans – sheet 7
Hethersett; Ketteringham; Cringleford	Reference A7 to A8 Cantley Lane	Reference A7 to A8 Cantley Lane	Reference A7 to A8 From a point A7 97 metres east of the existing footbridge in a westerly direction to point A8	Reference A7 to A8 From a point A7 97 metres east of the existing footbridge in a westerly direction to point A8	Reference CF5 to CF6 (sheet 7) To be substituted for a length of bridleway from point CF5 on Cantley Lane South crossing the A47 over the proposed Cantley Lane footbridge to point CF 6 on Cantley Lane, a distance of 359 metres.	Reference CF5 to CF6 (sheet 7) To be substituted for a length of bridleway from point CF5 on Cantley Lane South crossing the A47 over the proposed Cantley Lane footbridge to point CF 6 on Cantley Lane, a distance of 359 metres.
Cringleford	Reference A8 to A9 Cringleford FP4a	Reference A8 to A9 Cringleford FP4a	Reference A8 to A9 From a point A8 at the base of the existing footbridge crossing the A47 in a south-westerly direction to a point A9, a distance of 75 metres	Reference A8 to A9 From a point A8 at the base of the existing footbridge crossing the A47 in a south-westerly direction to a point A9, a distance of 75 metres	Reference CF5 to CF6 To be substituted for a length of bridleway from point CF5 on Cantley Lane South crossing the A47 over the proposed Cantley Lane footbridge to point CF6 on Cantley Lane, a distance of 359 metres.	Reference CF5 to CF6 To be substituted for a length of bridleway from point CF5 on Cantley Lane South crossing the A47 over the proposed Cantley Lane footbridge to point CF6 on Cantley Lane, a distance of 359 metres.

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

(1) Area	(1) Area	(2) Private means of access to be stopped	(2) Private means of access to be stopped	(3) Extent of stopping up	(3) Extent of stopping up	(4) New private means of access to be substituted or provided
The rights of way and access plans – sheet 3	The rights of way and access plans – sheet 3	The rights of way and access plans – sheet 3	The rights of way and access plans – sheet 3	The rights of way and access plans – sheet 3	The rights of way and access plans – sheet 3	The rights of way and access plans – sheet 3
Ketteringham	Reference B1 to B2 Access to the properties on Cantley Lane South	Reference B1 to B2 Access to the properties on Cantley Lane South	Reference B1 to B2 A length from a point 53 metres north of the access to the property joining Cantley Lane South in a north-westerly direction for a distance of 12 metres	Reference B1 to B2 A length from a point 53 metres north of the access to the property joining Cantley Lane South in a north-westerly direction for a distance of 12 metres	Reference C11 to C12 Access to properties on Cantley Lane South to substituted by a new length of private means of access from a point 79 metres north of the access to the property joining Cantley Lane South, in a westerly direction for a distance of 38 metres.	Reference C11 to C12 Access to properties on Cantley Lane South to substituted by a new length of private means of access from a point 79 metres north of the access to the property joining Cantley Lane South, in a westerly direction for a distance of 38 metres.
Hethersett; Ketteringham	Reference B9 to B10 Access to the A11 underpass from Cantley Lane South	Reference B9 to B10 Access to the A11 underpass from Cantley Lane South	Reference B9 to B10 A length from a point 36 metres from the centreline from the proposed Cantley Stream culvert in a westerly direction then a south-westerly direction for a distance of 407 metres.	Reference B9 to B10 A length from a point 36 metres from the centreline from the proposed Cantley Stream culvert in a westerly direction then a south-westerly direction for a distance of 407 metres.	Reference C7 to C8 Private means of access to the A11 underpass to be substituted by a new length of private means of access from a point C8 72 metres south of the centre of Cantley Lane Link Road junction with Cantley Lane South in a westerly direction to point C7, a distance of 368 metres.	Reference C7 to C8 Private means of access to the A11 underpass to be substituted by a new length of private means of access from a point C8 72 metres south of the centre of Cantley Lane Link Road junction with Cantley Lane South in a westerly direction to point C7, a distance of 368 metres.
Ketteringham					Reference C9 to C10 A new private access to an agricultural field from point C9 on Cantley Lane South to point C10, a distance of 20 metres.	Reference C9 to C10 A new private access to an agricultural field from point C9 on Cantley Lane South to point C10, a distance of 20 metres.
Ketteringham					Reference C13 to C14 A new private access to a residential property from point C13 to a point C14 on Cantley Lane South, a distance of 29 metres.	Reference C13 to C14 A new private access to a residential property from point C13 to a point C14 on Cantley Lane South, a distance of 29 metres.
Ketteringham					Reference C15 to C16 A new private access to a residential property from point C15 to point C16 on Cantley Lane South, a distance of 30 metres.	Reference C15 to C16 A new private access to a residential property from point C15 to point C16 on Cantley Lane South, a distance of 30 metres.
Ketteringham					Reference C19 to C20 A new private access to a residential property from point C19 to point C20 on Cantley Lane South, a distance of 4 metres.	Reference C19 to C20 A new private access to a residential property from point C19 to point C20 on Cantley Lane South, a distance of 4 metres.
Ketteringham					Reference C21 to C22 A new private access to a residential property from point C21 to point C22 on Cantley Lane South, a distance of 7 metres.	Reference C21 to C22 A new private access to a residential property from point C21 to point C22 on Cantley Lane South, a distance of 7 metres.
The rights of way and access plans – sheet 5	The rights of way and access plans – sheet 5	The rights of way and access plans – sheet 5	The rights of way and access plans – sheet 5	The rights of way and access plans – sheet 5	The rights of way and access plans – sheet 5	The rights of way and access plans – sheet 5
Hethersett					Reference C1 to C2 A new private access to an agricultural field from point C1 on the proposed Cantley Lane Link Road to point C2, a distance of 9 metres.	Reference C1 to C2 A new private access to an agricultural field from point C1 on the proposed Cantley Lane Link Road to point C2, a distance of 9 metres.
Hethersett					Reference C3 to C4 A new private access to an agricultural field from point C3 to point C4 on the proposed Cantley Lane Link Road, a distance of 6 metres.	Reference C3 to C4 A new private access to an agricultural field from point C3 to point C4 on the proposed Cantley Lane Link Road, a distance of 6 metres.
Hethersett					Reference C5 to C6 A new private access to a drainage basin from point C5 on the proposed Cantley Lane Link Road to point C6, a distance of 13 metres.	Reference C5 to C6 A new private access to a drainage basin from point C5 on the proposed Cantley Lane Link Road to point C6, a distance of 13 metres.
The rights of way and access plans – sheet 7	The rights of way and access plans – sheet 7	The rights of way and access plans – sheet 7	The rights of way and access plans – sheet 7	The rights of way and access plans – sheet 7	The rights of way and access plans – sheet 7	The rights of way and access plans – sheet 7
Ketteringham					Reference C23 to C24 A new private access track to agricultural fields and a new drainage basin from point C23 50 metres south west of the existing footbridge in a south-easterly direction to point C24, a distance of 136 metres.	Reference C23 to C24 A new private access track to agricultural fields and a new drainage basin from point C23 50 metres south west of the existing footbridge in a south-easterly direction to point C24, a distance of 136 metres.

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

(1) Area	(1) Area	(2) Private means of access to be stopped up	(2) Private means of access to be stopped up	(3) Extent of stopping up
The rights of way and access plans – sheet 6	The rights of way and access plans – sheet 6	The rights of way and access plans – sheet 6	The rights of way and access plans – sheet 6	The rights of way and access plans – sheet 6
Ketteringham	Reference B3 to B4 Access to agricultural field	Reference B3 to B4 Access to agricultural field	Reference B3 to B4 A private agricultural access from a point B3 77 metres west of the A11 Hethersett Bypass to point B4, a distance of 31 metres.	Reference B3 to B4 A private agricultural access from a point B3 77 metres west of the A11 Hethersett Bypass to point B4, a distance of 31 metres.
Ketteringham	B5 to B6 Access to agricultural field	B5 to B6 Access to agricultural field	Reference B5 to B6 A private agricultural access from a point B5 on Cantley Lane South to point B6, a distance of 5.5 metres.	Reference B5 to B6 A private agricultural access from a point B5 on Cantley Lane South to point B6, a distance of 5.5 metres.
Ketteringham	B7 to B8 Access to agricultural field	B7 to B8 Access to agricultural field	Reference B7 to B8 A private agricultural access from a point B7 on Cantley Lane South to point B8 for a distance of 5.5 metres.	Reference B7 to B8 A private agricultural access from a point B7 on Cantley Lane South to point B8 for a distance of 5.5 metres.

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

(1) Plot reference number shown on land plans	(2) Purpose of which rights over land may be acquired	(3) Relevant part of the authorised development
Land Plan – Sheet 3	Land Plan – Sheet 3	Land Plan – Sheet 3
3/3b	Divert, install, underground, alter, retain, use, monitor and maintain and remove water pipelines, conduits and associated infrastructure Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers. Right to pass and repass with or without plant and vehicles and including access to highways. To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult.	Work Nos. 4, 11, 31 and 34
3/3h	Divert, install, underground, alter, retain, use, monitor and maintain and remove electricity cables including overhead electricity cables together with accesses to highways and associated infrastructure including marker posts and inspection chambers. Divert, install, underground, alter, retain, use, monitor and maintain and remove water and sewerage pipelines, conduits and associated infrastructure. Divert, install, underground, alter, retain, use, monitor and maintain and remove electronic communications cables, apparatus and associated infrastructure. Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers. Right to pass and repass with or without plant and vehicles and including access to highways. To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult.	Work Nos. 14, 15, 37 and 38
3/3i	Divert, install, underground, alter, retain, use, monitor and maintain and remove electricity cables including overhead electricity cables together with accesses to highways and associated infrastructure including marker posts and inspection chambers. Divert, install, underground, alter, retain, use, monitor and maintain and remove water and sewerage pipelines, conduits and associated infrastructure. Divert, install, underground, alter, retain, use, monitor and maintain and remove electronic communications cables, apparatus and associated infrastructure. Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers. Right to pass and repass with or without plant and vehicles and including access to highways. To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult.	Work Nos. 22, 36, 37 and 38
3/3l	Divert, install, underground, alter, retain, use, monitor and maintain and remove electricity cables including overhead electricity cables together with accesses to highways and associated infrastructure including marker posts and inspection chambers. Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers. Right to pass and repass with or without plant and vehicles and including access to highways. To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult.	Work Nos. 14, 15 and 38
3/7c	Divert, install, underground, alter, retain, use, monitor and maintain and remove electricity cables including overhead electricity cables together with accesses to highways and associated infrastructure including marker posts and inspection chambers. Divert, install, underground, alter, retain, use, monitor and maintain and remove water pipelines, conduits and associated infrastructure. Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers. Right to pass and repass with or without plant and vehicles and including access to highways. To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult.	Work No. 38 and 13
3/8f	Divert, install, underground, alter, retain, use, monitor and maintain and remove electricity cables including overhead electricity cables together with accesses to highways and associated infrastructure including marker posts and inspection chambers. Divert, install, underground, alter, retain, use, monitor and maintain and remove gas mains and associated infrastructure. Divert, install, underground, alter, retain, use, monitor and maintain and remove water and sewerage pipelines, conduits and associated infrastructure. Divert, install, underground, alter, retain, use, monitor and maintain and remove electronic communications cables, apparatus and associated infrastructure. Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers. Right to pass and repass with or without plant and vehicles and including access to highways. To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult.	Work No. 38 and 13
3/9a	Divert, install, underground, alter, retain, use, monitor and maintain and remove electricity cables including overhead electricity cables together with accesses to highways and associated infrastructure including marker posts and inspection chambers. Divert, install, underground, alter, retain, use, monitor and maintain and remove water and sewerage pipelines, conduits and associated infrastructure. Divert, install, underground, alter, retain, use, monitor and maintain and remove electronic communications cables, apparatus and associated infrastructure. Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers. Right to pass and repass with or without plant and vehicles and including access to highways. To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult.	Work Nos. 36, 37 and 38
Land Plan – Sheet 6	Land Plan – Sheet 6	Land Plan – Sheet 6
6/3g	Divert, install, underground, alter, retain, use, monitor and maintain and remove electricity cables including overhead electricity cables together with accesses to highways and associated infrastructure including marker posts and inspection chambers. Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers. Right to pass and repass with or without plant and vehicles and including access to highways. To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult.	Work Nos. 22, 23 and 36
6/9b	Divert, install, underground, alter, retain, use, monitor and maintain and remove electricity cables including overhead electricity cables together with accesses to highways and associated infrastructure including marker posts and inspection chambers. Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers. Right to pass and repass with or without plant and vehicles and including access to highways. To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult.	Work Nos. 21, 41 and 42
Land Plan – Sheet 7	Land Plan – Sheet 7	Land Plan – Sheet 7
7/1a	Divert, install, underground, alter, retain, use, monitor and maintain and remove electricity cables including overhead electricity cables together with accesses to highways and associated infrastructure including marker posts and inspection chambers. Divert, install, underground, alter, retain, use, monitor and maintain and remove gas mains and associated infrastructure. Divert, install, underground, alter, retain, use, monitor and maintain and remove water and sewerage pipelines, conduits and associated infrastructure. Divert, install, underground, alter, retain, use, monitor and maintain and remove electronic communications cables, apparatus and associated infrastructure. Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers. Right to pass and repass with or without plant and vehicles and including access to highways. To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult.	Work Nos. 6, 17 and 40
7/7b	Divert, install, underground, alter, retain, use, monitor and maintain and remove electricity cables including overhead electricity cables together with accesses to highways and associated infrastructure including marker posts and inspection chambers. Divert, install, underground, alter, retain, use, monitor and maintain and remove gas mains and associated infrastructure. Divert, install, underground, alter, retain, use, monitor and maintain and remove water and sewerage pipelines, conduits and associated infrastructure. Divert, install, underground, alter, retain, use, monitor and maintain and remove electronic communications cables, apparatus and associated infrastructure. Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers. Right to pass and repass with or without plant and vehicles and including access to highways. To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult.	Work Nos. 18, 40, 41 and 42
7/7d	Divert, install, underground, alter, retain, use, monitor and maintain and remove electricity cables including overhead electricity cables together with accesses to highways and associated infrastructure including marker posts and inspection chambers. Divert, install, underground, alter, retain, use, monitor and maintain and remove gas mains and associated infrastructure. Divert, install, underground, alter, retain, use, monitor and maintain and remove water and sewerage pipelines, conduits and associated infrastructure. Divert, install, underground, alter, retain, use, monitor and maintain and remove electronic communications cables, apparatus and associated infrastructure. Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers. Right to pass and repass with or without plant and vehicles and including access to highways. To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult.	Work Nos. 32, 40, 42
7/8c	Divert, install, underground, alter, retain, use, monitor and maintain and remove electricity cables including overhead electricity cables together with accesses to highways and associated infrastructure including marker posts and inspection chambers. Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers. Right to pass and repass with or without plant and vehicles and including access to highways. To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult.	Work No. 42
7/9a	Divert, install, underground, alter, retain, use, monitor and maintain and remove electricity cables including overhead electricity cables together with accesses to highways and associated infrastructure including marker posts and inspection chambers. Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers. Right to pass and repass with or without plant and vehicles and including access to highways. To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult.	Work No. 42
7/11b	Divert, install, underground, alter, retain, use, monitor and maintain and remove electricity cables including overhead electricity cables together with accesses to highways and associated infrastructure including marker posts and inspection chambers. Divert, install, underground, alter, retain, use, monitor and maintain and remove gas mains and associated infrastructure. Divert, install, underground, alter, retain, use, monitor and maintain and remove water and sewerage pipelines, conduits and associated infrastructure. Divert, install, underground, alter, retain, use, monitor and maintain and remove electronic communications cables, apparatus and associated infrastructure. Place, divert, alter, remove or maintain apparatus including mains, sewers, drains, soakaways, pipes, cables, conduits, lights and electronic communications apparatus, together with associated infrastructure including marker posts and inspection chambers. Right to pass and repass with or without plant and vehicles and including access to highways. To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult.	Work Nos. 6, 17 and 40

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 5(5A) (relevant valuation date)[^f00099] 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(4) of Schedule 6 (modification of compensation and compulsory purchase enactments for creation of new rights and imposition of restrictive covenants) to the A47/A11 Thickthorn Junction Development Consent Order 2022 (“the A47/A11 Thickthorn Junction Order”); (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 A47/A11 Thickthorn Junction Order) to acquire an interest in the land; and (c) the acquiring authority enter on and take 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[^f00100] 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 (measure of compensation in case of severance) 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 or imposed on”; 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 30 (modification of Part 1 of the 1965 Act)) to the acquisition of land under article 24 (compulsory acquisition of land), applies to the compulsory acquisition of a right by the creation of a new right, or to the imposition of a restrictive covenant under article 27(1) (compulsory acquisition of rights and imposition of 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 particular context) as referring to, or as including references to—

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

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

• (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 or the imposition of the restrictive covenant but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the posers 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 (powers of entry)[^f00101] 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 or restrictive covenant, as well as the notice of entry required by subsection (1) of that section (as it applies to compulsory acquisition under article 24), 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—

• (a) 11A (powers of entry: further notices of entry)[^f00102];

• (b) 11B (counter-notice requiring possession to be taken on specified date)[^f00103];

• (c) 12 (unauthorised entry)[^f00104]; and

• (d) 13 (refusal to give possession to acquiring authority) [^f00105],

of the 1965 Act are modified correspondingly.

• (6) Section 20 (tenants at will, etc.)[^f00106] 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 30(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—

SCHEDULE2A (1) (1) This Schedule applies where an undertaker 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 30 (application of the 1981 Act) of the A47/A11 Thickthorn Junction Development Consent Order 2022 in respect of the land to which the notice to treat relates. (2) But see article 32(3) (acquisition of subsoil or airspace only) of the A47/A11 Thickthorn Junction Development Consent Order 2022 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 their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”). (7) If the 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 are 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 the determination, the Upper Tribunal must take into account— (a) the effect of the acquisition of the right or the imposition of the covenant, (b) the use to be made of the right or covenant proposed to be acquired or imposed, and (c) if the right or covenant is proposed to be acquired or imposed for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land. (12) If the Upper Tribunal determines that the acquisition of the right or the imposition of the covenant would have either of the consequences described in paragraph 10, it must determine how much of the house, building or factory the acquiring authority ought to be required to take. (13) If the Upper Tribunal determines that the undertaker 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 it 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 withdrawing 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) Location	(2) Plot Reference Number shown on land plans	(3) Purpose for which temporary possession may be taken	(4) Relevant part of the authorised development
Land Plans – Sheet 1	Land Plans – Sheet 1	Land Plans – Sheet 1	Land Plans – Sheet 1
Norfolk County Council Parish of Hethersett	1/3b	Facilitate provision of and provide temporary storage, welfare facilities, laydown areas, access and working space for Station Lane junction improvements.	Work Nos. 29, 43
Land Plans – Sheet 2	Land Plans – Sheet 2	Land Plans – Sheet 2	Land Plans – Sheet 2
Norfolk County Council Parish of Hethersett	2/2a	Facilitate provision of and provide temporary storage, laydown areas, access and working space for drainage and A11 bridge extension structure.	Work No. 24
Land Plans – Sheet 3	Land Plans – Sheet 3	Land Plans – Sheet 3	Land Plans – Sheet 3
Norfolk County Council Parish of Hethersett	3/2b	Facilitate provision of and provide temporary storage, laydown areas, access and working space for drainage and A11 bridge extension structure.	Work Nos. 11, 24, 31 and 34
Norfolk County Council Parish of Hethersett	3/3c	Right to pass and repass with or without plant and vehicles to access adjoining parcels permanently acquired by the undertaker.	Work No. 12
Norfolk County Council Parish of Hethersett	3/3e	Material storage and processing area.	Work Nos. 2, 20 and 30
Norfolk County Council Parish of Ketteringham	3/3g	Temporary storage, laydown areas, access and working space to support construction in adjoining land parcels.	Work Nos. 14, 15, 37 and 38
Norfolk County Council Parish of Ketteringham	3/3j	East of A11 north of Cantley Wood.	Work Nos. 4, 11, 24, 31 and 34
Norfolk County Council Parish of Hethersett	3/6a	Right to pass and repass with or without plant and vehicles and including access to highways.	Work Nos. 4, 11, 24, 31 and 34
Norfolk County Council Parish of Ketteringham	3/7b	Facilitate provision of and provide temporary storage, laydown areas, access and working space for drainage and A11 bridge extension structure.	Work Nos. 8, 13, 33 and 38
Norfolk County Council Parish of Ketteringham/ Norfolk County Council Parish of Keswick and Intwood	3/8a	Right to pass and repass with or without plant and vehicles to access adjoining parcels permanently acquired by the undertaker.	Work Nos. 16 and 37
Norfolk County Council Parish of Ketteringham	3/8e	To facilitate access the Cantley Stream area to erect temporary fencing, vegetation clearance and watervole relocation.	Work Nos. 14, 37 and 38
Norfolk County Council Parish of Ketteringham	3/8g	Facilitate provision of and provide temporary storage, laydown areas, access and working space for improved residential access.	Work Nos. 8, 13, 33 and 38
Land Plans – Sheet 5	Land Plans – Sheet 5	Land Plans – Sheet 5	Land Plans – Sheet 5
Norfolk County Council Parish of Ketteringham	5/2b	Right to pass and repass with or without plant and vehicles and including access to highways.	Work Nos. 1, 2 and 3
Norfolk County Council Parish of Hethersett	5/2c	Right to pass and repass with or without plant and vehicles and including access to highways.	Work Nos. 1, 2 and 5
Norfolk County Council Parish of Hethersett	5/3b	Material storage and processing area.	Work Nos. 1, 2 and 3
Norfolk County Council Parish of Hethersett	5/5a	Temporary storage, laydown areas, access and working space to support construction in adjoining land parcels.	Work Nos. 1, 2 and 5
Land Plans – Sheet 6	Land Plans – Sheet 6	Land Plans – Sheet 6	Land Plans – Sheet 6
Norfolk County Council Parish of Ketteringham	6/3a	South of B1172 and west of the Cantley Lane Link Road.	Work Nos. 19, 24, 30 and 36
Norfolk County Council Parish of Ketteringham	6/3f	Material storage and processing area.	Work Nos. 10, 21 and 41
Norfolk County Council Parish of Cringleford	6/9a	Temporary storage, laydown areas, access and working space to support construction in adjoining land parcels.	Work Nos. 10, 21 and 41
Norfolk County Council Parish of Ketteringham	6/10a	South of B1172 and east of the Cantley Lane Link Road.	Work Nos. 10, 21 and 41
Land Plans – Sheet 7	Land Plans – Sheet 7	Land Plans – Sheet 7	Land Plans – Sheet 7
Norfolk County Council Parish of Ketteringham	7/1c	Material storage and processing area (access).	Work Nos. 6, 24 and 40
Norfolk County Council Parish of Ketteringham/ Norfolk County Council Parish of Keswick and Intwood	7/2a	Temporary storage, laydown areas, access and working space to support construction in adjoining land parcels.	Work No. 8
Norfolk County Council Parish of Ketteringham/ Norfolk County Council Parish of Cringleford	7/6b	South of B1172 and west of the Cantley Lane Link Road.	Work No. 8
Norfolk County Council Parish of Ketteringham	7/6c	Right to pass and repass with or without plant and vehicles and including access to highways.	Work Nos. 6, 24 and 42
Norfolk County Council Parish of Cringleford	7/7c	Material storage and processing area.	Work Nos. 23 and 42
Norfolk County Council Parish of Cringleford	7/7e	Temporary storage, laydown areas, access and working space to support construction in adjoining land parcels.	Work Nos. 32 and 42
Norfolk County Council Parish of Cringleford	7/8b	East of A11 north of Cantley Wood.	Work Nos. 24, 32 and 42
Norfolk County Council Parish of Ketteringham	7/11a	Laydown areas and working width to support construction of new carriageway, footways, embankments, service diversions and drainage works on adjacent land parcels.	Work No. 8

SCHEDULE 8 — REMOVAL OF HEDGEROWS

PART 1 — REMOVAL OF HEDGEROWS

(1) Location of hedgerow	(2) Work to be carried out	(3) Relevant part of the authorised development
H5 to H5 shown on sheet 3 of the Hedgerow Plans	Partial removal	Work No. 2
H8 to H8 shown on sheet 5 of the Hedgerow Plans	Partial removal	Work No. 1
H9 to H9 shown on sheet 5 of the Hedgerow Plans	Full removal	Work Nos. 1 and 2

PART 2 — REMOVAL OF IMPORTANT HEDGEROWS

(1) Location of hedgerow	(2) Work to be carried out	(3) Relevant part of the authorised development
H6 to H6 shown on sheet 3 of the Hedgerow Plans	Partial removal and translocation	Work No. 12

SCHEDULE 9 — PROTECTIVE PROVISIONS

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

1

For the protection of the utility undertakers referred to in this Part of this Schedule 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[^f00107]), belonging to or maintained by that utility undertaker;in that 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[^f00108] for the purposes of gas supply;in the case of water undertaker, mains, pipes or other apparatus belonging to or maintained by that utility undertaker for the purposes of water supply; andin the case of a sewerage undertaker—any drain or works vested in the utility undertaker under the Water Industry Act 1991[^f00109]; 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)[^f00110] of that Act or an agreement to adopt made under section 104 (agreement to adopt sewers, drains or sewage disposal works at future date)[^f00111] of that Act,and includes a sludge main, disposal main (within the meaning of section 219 (general interpretation)[^f00112] 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” include 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; anda 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 17 (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 (removal of apparatus) or the power of the undertaker to carry out works under paragraph 9 (retained apparatus).

• (2) Regardless of the temporary stopping up or diversion of any highway under the powers conferred by article 16 (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 22 (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 in question 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 51 (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 51 (arbitration), and after the grant to the utility undertaker of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.

• (6) Regardless of anything in sub-paragraph (5), if the undertaker gives notice in writing to the utility undertaker in question that 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 51 (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) are to 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 (5) 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.

• (7) In relation to works which will or may be situated on, over, under or within 10 metres measured in any direction of any electricity apparatus, or involve embankment works within 10 metres of any electricity apparatus, the plan to be submitted to the utility undertaker under sub-paragraph (1) must be detailed, include a method statement and describe—

• (a) the exact position of the works;

• (b) the level at which they are proposed to be constructed or renewed;

• (c) the manner of their construction or renewal;

• (d) the position of all electricity apparatus; and

• (e) by way of detailed drawings, every alteration proposed to be made to such apparatus.

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 51 (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 must 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 pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole must 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) 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 utility 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 and, if such consent is withheld, has the sole conduct of any settlement or compromise of any proceedings necessary to resist the claim or demand.

Cooperation

12

• (1) Where in consequence of the proposed construction of any part 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 its 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.

• (2) 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

13

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

14

In this Part of this Schedule—

• “the 2003 Act” means the Communications Act 2003[^f00113];

• “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 (electronic communications, networks and services) of Part 2 of the 2003 Act[^f00114];

• “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; andan 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.

15

The exercise of the powers conferred by article 36 (statutory undertakers) is subject to Part 10 (undertakers works affecting electronic communications apparatus) of the electronic communications code.

16

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

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

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

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

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

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

• (4) Any difference arising between the undertaker and the operator under this Part of this Schedule must be referred to and settled by arbitration under article 51 (arbitration).

• (5) This Part of this Schedule does not apply to—

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

• (b) any damages, or any interruption, 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 NATIONAL GRID AS ELECTRICITY UNDERTAKER

Application

17

• (1) For the protection of National Grid as referred to in this Part of this Schedule the following provisions have effect, unless otherwise agreed in writing between the undertaker and National Grid.

• (2) Subject to sub-paragraph (3) or to the extent otherwise agreed in writing between the undertaker and National Grid, where the benefit of this Order is transferred or granted to another person under article 10 (consent to transfer benefit of Order)—

• (a) any agreement of the type mentioned in sub-paragraph (1) has effect as if it had been made between National Grid and the transferee or grantee (as the case may be); and

• (b) written notice of the transfer or grant must be given to National Grid on or before the date of that transfer or grant.

• (3) Sub-paragraph (2) does not apply where the benefit of the Order is transferred or granted to National Grid (but see paragraph 27(3)(b)).

Interpretation

18

In this Part of this Schedule—

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

• “apparatus” means any electric lines or electrical plant as defined in the Electricity Act 1989, belonging to or maintained by National Grid together with any replacement apparatus and such other apparatus constructed pursuant to the Order that becomes operational apparatus of National Grid for the purposes of transmission, distribution 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) of this 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 Schedule;

• “commence” and “commencement” in paragraph 25 of this Part of this Schedule includes any below ground surveys, monitoring, ground work operations or the receipt and erection of construction plant and equipment,

• “deed of consent” means a deed of consent, crossing agreement, deed of variation or new deed of grant agreed between the parties acting reasonably in order to vary or replace existing easements, agreements, and other such interests so as to secure land rights and interests as are necessary to carry out, maintain, operate and use the apparatus in a manner consistent with the terms of this Part of this Schedule;

• “functions” includes powers and duties;

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

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

• “maintain” and “maintenance” includes the ability and right to do any of the following in relation to any apparatus or alternative apparatus of National Grid including construct, use, repair, alter, inspect, renew or remove the apparatus;

• “National Grid” means National Grid Electricity Transmission Plc or any successor as a licence holder within the meaning of Part 1 of the Electricity Act ;

• “plan” or “plans” include all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe and assess the works to be executed;

• “specified works” means any of the authorised works or activities undertaken in association with the authorised works which:will or may be situated over, or within 15 metres measured in any direction of any apparatus the removal of which has not been required by the undertaker under paragraph 23(2) or otherwise; ormay in any way adversely affect any apparatus the removal of which has not been required by the undertaker under paragraph 23(2) or otherwise.

19

Except for paragraphs 36 (apparatus in stopped up streets), 41 (retained apparatus), 42 (expenses and costs) and 43 (indemnity) of this Schedule which will apply in respect of the exercise of all or any powers under the Order affecting the rights and apparatus of National Grid, the other provisions of this Schedule do not apply to apparatus in respect of which the relations between the undertaker and National Grid are regulated by the provisions of Part 3 of the 1991 Act.

Apparatus of National Grid in stopped up streets

20

• (1) Where any street is stopped up under article 17 (permanent stopping up and restriction of use of streets and private means of access), if National Grid has any apparatus in the street or accessed via that street National Grid has the same rights in respect of that apparatus as it enjoyed immediately before the stopping up and the undertaker must grant to National Grid, or procure the granting to National Grid of, legal easements reasonably satisfactory to National Grid in respect of such apparatus and access to it prior to the stopping up of any such street but nothing in this paragraph affects any right of the undertaker or National Grid to require the removal of that apparatus under paragraph 23 (removal of apparatus) or the power of the undertaker, subject to compliance with this sub-paragraph, to carry out works under paragraph 25 (retained apparatus: protection of electricity undertaker).

• (2) Notwithstanding the temporary alteration, diversion or restriction of any highway under the powers of article 16 (temporary stopping up and restriction of use of streets), National Grid will be at liberty at all times to take all necessary access across any such stopped up street and to execute and do all such works and things in, upon or under any such street as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the alteration, diversion or restriction was in that street.

Protective works to buildings

21

The undertaker must exercise the powers conferred by article 22 (protective work to buildings) so as not to obstruct or render less convenient the access to any apparatus without the written consent of National Grid (such consent not to be unreasonably withheld)

Acquisition of land

22

• (1) Regardless of any provision in this Order or anything shown on the land plans, the undertaker may not acquire any interest in land or apparatus or override any easement or other interest of National Grid otherwise than by agreement.

• (2) As a condition of an agreement between the parties in sub-paragraph (1), prior to the carrying out of any part of the authorised works (or in such other timeframe as may be agreed between National Grid and the undertaker) that is subject to the requirements of this Part of this Schedule that will cause any conflict with or breach the terms of any easement or other legal or land interest of National Grid or affect the provisions of any enactment or agreement regulating the relations between National Grid and the undertaker in respect of any apparatus laid or erected in land belonging to or secured by the undertaker, the undertaker must as National Grid reasonably requires enter into such deeds of consent upon such terms and conditions as may be agreed between National Grid and the undertaker acting reasonably and which must be no less favourable on the whole to National Grid unless otherwise agreed by National Grid, and it will be the responsibility of the undertaker to procure and secure the consent and entering into of such deeds and variations by all other third parties with an interest in the land at that time who are affected by such authorised works.

• (3) The undertaker and National Grid agree that where there is any inconsistency or duplication between the provisions set out in this Part of this Schedule relating to the relocation or removal of apparatus (including but not limited to the payment of costs and expenses relating to such relocation or removal of apparatus) and the provisions of any existing easement, rights, agreements and licences granted, used, enjoyed or exercised by National Grid or other enactments relied upon by National Grid as of right or other use in relation to the apparatus, then the provisions in this Schedule prevail.