The M54 to M6 Link Road Development Consent Order 2022

(1) Road name and description	(2) Speed Limit
Proposed M54 Junction 1 free-flowing eastbound link From the M54 along its length to where it meets the proposed dual-carriageway mainline link for a total distance of 915m As shown on sheet 3 and 4 of the traffic regulation measures plans	70 miles per hour
Proposed M54 Junction 1 free-flowing westbound link From the proposed dual-carriageway mainline link along its length to where it meets the M54 for a total distance of 1560m As shown on sheet 3 and 4 of the traffic regulation measures plans	70 miles per hour
Proposed Featherstone Junction northbound diverge slip road From the proposed dual-carriageway mainline link along its length to where it meets the M54 for a total distance of 585m As shown on sheet 3 and 4 of the traffic regulation measures plans	70 miles per hour
Proposed M54 Junction 1 westbound merge slip road From the Proposed M54 Junction 1 free-flowing eastbound link along its length to where it meets the proposed Featherstone Junction west roundabout for a total distance of 333m As shown on sheet 4 of the traffic regulation measures plans	70 miles per hour
Proposed realigned M54 Junction 1 westbound diverge slip road From the proposed M54 Junction 1 south roundabout along its length to a point 285m from where it meets the M54 for a total distance of 327m As shown on sheet 4 of the traffic regulation measures plans	70 miles per hour
Proposed Realigned M54 Junction 1 eastbound merge slip road From the proposed Featherstone Junction east roundabout along its length to where it meets the M54 for a total distance of 825m As shown on sheet 4 of the traffic regulation measures plans	70 miles per hour
Proposed Featherstone Junction west roundabout As shown on sheet 4 of the traffic regulation measures plans	40 miles per hour
Proposed Featherstone Junction overbridge From the proposed Featherstone Junction east roundabout along its length to where it meets the proposed Featherstone Junction west roundabout for a total distance of 100m As shown on sheet 4 of the traffic regulation measures plans	40 miles per hour
Proposed Featherstone Junction northbound merge slip road From the proposed Featherstone Junction west roundabout along its length to where it meets the proposed dual-carriageway mainline link for a total distance of 480m As shown on sheet 4 of the traffic regulation measures plans	70 miles per hour
Proposed Featherstone Junction southbound diverge slip road From the proposed Featherstone Junction east roundabout along its length to where it meets the proposed dual-carriageway mainline link for a total of 515m As shown on sheet 4 of the traffic regulation measures plans	70 miles per hour
Proposed realigned A460 south From the proposed M54 Junction 1 south roundabout along its length to a point 70m from the Hilton Cross roundabout for a total distance of 190m As shown on sheet 4 of the traffic regulation measures plans	40 miles per hour
Proposed M54 Junction 1 south roundabout As shown on sheet 4 of the traffic regulation measures plans	40 miles per hour
Proposed south-east roundabout connector From the proposed Featherstone Junction east roundabout along its length to where it meets the proposed M54 Junction 1 south roundabout for a total distance of 380m As shown on sheet 4 of the traffic regulation measures plans	40 miles per hour
Proposed Featherstone Junction east roundabout As shown on sheet 4 of the traffic regulation measures plans	40 miles per hour
Proposed realigned A460 north From the proposed Featherstone Junction west roundabout along its length to where it meets the junction with Dark Lane and The Avenue for a total distance of 462m As shown on sheet 4 of the traffic regulation measures plans	30 miles per hour
Connection from proposed realigned A460 north to existing A460 From the point of stopping up/turning head along its length to where it meets the proposed realigned A460 north for a total distance of 340m As shown on sheet 4 of the traffic regulation measures plans	30 miles per hour
Link between proposed realigned A460 north and connection from proposed realigned A460 north to existing A460 Along its length being a total distance of 90m As shown on sheet 4 of the traffic regulation measures plans	30 miles per hour
Proposed dual-carriageway mainline link – northbound carriageway From the proposed M54 Junction 1 free-flowing eastbound link along its length to where it meets the proposed M6 Junction 11 roundabout for a total distance of 2415m As shown on sheets 4, 5 and 6 of the traffic regulation measures plans	70 miles per hour
Proposed dual-carriageway mainline link – southbound carriageway From the proposed M54 Junction 1 free-flowing westbound link along its length to where it meets the proposed M6 Junction 11 roundabout for a total distance of 1890m As shown on sheets 4, 5 and 6 of the traffic regulation measures plans	70 miles per hour
Proposed realigned Hilton Lane From the Hilton Lane/existing A460 junction along its length to a point 816m east of the Hilton Lane/existing A460 junction for a total distance of 816m As shown on sheet 5 of the traffic regulation measures plans	30 miles per hour
Proposed realigned M6 Junction 11 northbound merge slip road From the proposed M6 Junction 11 roundabout along its length to where it meets the M6 for a total distance of 610m As shown on sheet 6 of the traffic regulation measures plans	70 miles per hour
Proposed realigned M6 Junction 11 southbound diverge slip road From the proposed M6 Junction 11 roundabout along its length to where it meets the M6 for a total distance of 375m As shown on sheet 6 of the traffic regulation measures plans	70 miles per hour
Proposed realigned M6 Junction 11 southbound merge slip road From the proposed M6 Junction 11 roundabout along its length to where it meets the M6 for a total distance of 606m As shown on sheets 5 and 6 of the traffic regulation measures plans	70 miles per hour
Proposed realigned M6 Junction 11 northbound diverge slip road From the proposed M6 Junction 11 roundabout along its length to where it meets the M6 for a total distance of 247m As shown on sheet 6 of the traffic regulation measures plans	70 miles per hour
Proposed M6 Junction 11 roundabout As shown on sheet 6 of the traffic regulation measures plans	50 miles per hour
Proposed realigned A460 (north of M6 Junction 11) From the proposed M6 Junction 11 roundabout along its length to point 200m south-east of M6 Junction 11 for a total distance of 390m As shown on sheet 6 of the traffic regulation measures plans	50 miles per hour
Proposed realigned A462 From the proposed M6 Junction 11 roundabout along its length to a point 200m south-east of M6 Junction 11 for a total distance of 200m As shown on sheet 6 of the traffic regulation measures plans	60 miles per hour
Proposed realigned A460 (south of M6 Junction 11) From the proposed M6 Junction 11 roundabout along its length to a point 350m west of M6 Junction 11 for a total distance of 350m As shown on sheet 6 of the traffic regulation measures plans	50 miles per hour
Realigned Mill Lane From the junction with the proposed realigned A460 (south of M6 Junction 11) along its length for a total distance of 200m As shown on sheet 6 of the traffic regulation measures plans	60 miles per hour
Proposed connection to Wolverhampton Road From the Junction with the proposed realigned A460 (north of M6 Junction 11) along its length for a total distance of 30m As shown on sheet 6 of the traffic regulation measures plans	30 miles per hour
Proposed connection to Wolverhampton Road From the junction with the proposed realigned A462 along its length for a total distance of 50m As shown on sheet 6 of the traffic regulation measures plans	30 miles per hour

PART 6 — PUBLIC RIGHTS OF WAY

(1) Public right of way	(2) Extent
Dark Lane (proposed Bridleway)	Between point 4/4 on sheet 4 and point 5/1 on sheet 5 of the streets, rights of way and access plans
Cannock Road (proposed footpath)	Between point 4/14 and point 4/15 on sheet 4 of the streets, rights of way and access plans

PART 7 — CREATION OF NEW TRAFFIC REGULATION ORDERS

(1) Area	(2) Road name and description	(3) Speedlimit
Staffordshire County Council	Proposed realigned Hilton Lane From a point 816m east of the Hilton Lane/existing A460 junction to a point 1445m east of the Hilton Lane/existing A460 junction for a total distance of 629m As shown on sheet 5 of the traffic regulation measures plans	40 miles per hour

PART 8 — VARIATION OF EXISTING TRAFFIC REGULATION ORDERS

(1) Parish(es)	(2) Road name and number	(3) Title of Order	(4) Variation
Hilton	A460 Cannock Road between points 4/37 and 5/8 as shown on the classification of roads plans	The Staffordshire County Council (Hilton Lane, Dark Lane and Old Warstone Lane, Hilton) (Prohibition of Heavy Commercial Vehicles or over 7.5 Tonnes Gross) Order 1991	Shown as points 4/37 and 5/8 on sheets 4 and 5 of the classification of roads plans

SCHEDULE 4 — PERMANENT STOPPING UP OF STREETS, PUBLIC RIGHTS OF WAY AND PRIVATE MEANS OF ACCESS

PART 1 — STREETS TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

(1) Street to be stopped up	(2) Extent of stopping up	(3) New street to be substituted or provided
A460 Cannock Road west of M6 Junction 11	Existing section of public road, to be stopped up between points A/7 and A/8 shown on sheet 6 of the streets, rights of way and access plans	Between points A/9 and point A/10 on sheet 6 of the streets, rights of way and access plans
Mill Lane	Existing section of public road, to be stopped up between points A/11 and A/12 shown on sheet 6 of the streets, rights of way and access plans	Between points A/13 and point A/14 on sheet 6 to point 6/6 on sheet 6 of the streets, rights of way and access plans

PART 2 — STREETS TO BE STOPPED UP AND FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

(1) Streets to be stopped up	(2) Extent of stopping up
Existing M54 Junction 1 eastbound merge slip road	Existing section of public road, to be stopped up between points A/1 and A/2 shown on sheet 4 of the streets, rights of way and access plans
Existing A460 connecting to north of existing M54 Junction 1 roundabout	Existing section of public road, to be stopped up between points A/3 and A/4 shown on sheet 4 of the streets, rights of way and access plans
Dark Lane	Existing section of public road, to be stopped up between points A/5 on sheet 4 and A/6 shown on sheet 5 of the streets, rights of way and access plans

PART 3 — PUBLIC RIGHTS OF WAY TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

(1) Public right of way to be stopped up	(2) Extent of stopping up	(3) New highway to be substituted or provided
Shareshill 5 Footpath adjacent to Hilton Lane	Existing public right of way between point 5/2 and 5/4 on sheet 5 of the streets, rights of way and access plans	A new footpath between points 5/2 and 5/12 on sheet 5, footpath to utilise Hilton Lane footway between points 5/12 and 5/3 on sheet 5 and a new footpath between points 5/3 and 5/4 on sheet 5 of the streets, rights of way and access plans

PART 4 — PUBLIC RIGHTS OF WAY TO BE STOPPED UP AND FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

(1) Public right of way to be stopped up	(2) Extent of stopping up
Saredon 1R/2214 Footpath	Full length of 70m between points 6/4 and 6/6 on sheet 6 of the streets, rights of way and access plans

PART 5 — ALTERATIONS TO PUBLIC RIGHTS OF WAY

(1) Public rights of way to be altered	(2) Extent of alteration
Featherstone 3 Bridleway south west of M54 Junction 1 between points 4/1 and 4/3 on sheet 4 of the street, rights of way and access plans	To be altered between points 4/1 and 4/2 on sheet 4 of the streets, rights of way and access plans
Shareshill 1 Bridleway adjacent Brookfield Farm between points 5/5 and 5/6 on sheet 5 of the streets, rights of way and access plans	To be diverted across the proposed Brookfield Farm overbridge between points 5/5 and 5/6 on sheet 5 of the streets, rights of way and access plans
Shareshill 4 Footpath at the south west corner of M6 Junction 11 between points 6/1 and 6/2 on sheet 6 of the streets, rights of way and access plans	To be diverted up the proposed link road embankment between points 6/1 and 6/3 on sheet 6 of the streets, rights of way and access plans
Saredon 8 Footpath at the south west corner of M6 Junction 11 between points 6/2 and 6/4 on sheet 6 of the streets, rights of way and access plans	To be diverted up the proposed link road embankment between points 6/3 and 6/5 on sheet 6 of the streets, rights of way and access plans
Saredon 13 Bridleway at the north east corner of M6 Junction 11 between points 6/7 and 6/8 on sheet 6 of the streets, rights of way and access plans	To be diverted adjacent to the A460 north east of M6 Junction 11 between points 6/8 and 6/9 on sheet 6 of the streets, rights of way and access plans

PART 6 — PRIVATE MEANS OF ACCESS TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

(1) Private means of access to be stopped up	(2) Extent of stopping up	(3) New private means of access to be substituted or provided
Access track to Tower Hill Farm	Existing access track shown between points 4/5, 4/6 and 4/7 on sheet 4 of the streets, rights of way and access plans	Proposed new access from Featherstone Junction east roundabout from point 4/8 to point 4/9 on sheet 4 of the streets, rights of way and access plans
Access track to Hilton Park	Existing access track shown between points 4/10 and 4/11 on sheet 4 of the streets, rights of way and access plans	Proposed new access from Featherstone Junction east roundabout from point 4/11 to point 4/12 on sheet 4 of the streets, rights of way and access plans
Proposed Brookfield Farm overbridge access track	Between points 5/8 and 5/10 on sheet 5 of the streets, rights of way and access plans	Proposed new access from 5/8 to 5/9 and heading east from 5/9 to 5/7 and heading west from 5/9 to 5/10 on sheet 5 of the streets, rights of way and access plans

PART 7 — PROVISION OR ALTERATIONS TO PRIVATE MEANS OF ACCESS

(1) Private means of access to be provided or altered	(2) Extent of provision or alteration
Existing access from the A460 identified at point 4/10 on sheet 4 of the streets, rights of way and access plans	Provide new means of access between points 4/10 and 4/13 shown on sheet 4 of the streets, rights of way and access plans

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

(1) Plot Reference Number shown on Land Plans	(2) Purpose for which rights over land may be acquired
Land Plans – Sheet 3	Land Plans – Sheet 3
3/2c, 3/2d, 3/6	To construct, operate, access and maintain a balancing pond to provide attenuation and treatment systems and a new outfall connection to the existing ditch. Maintenance access off Brookhouse Lane (Work No. 56)
Land Plans – Sheet 4	Land Plans – Sheet 4
4/17a	To construct, operate, access, maintain, protect and decommission a diversion to an existing high pressure gas main and associated infrastructure (Work No. 68)
4/20f	To construct, operate, access, maintain, protect and decommission a diversion to an existing high pressure gas main and associated infrastructure (Work No. 68)
4/20g	To construct the Hilton Park access track and to construct, operate, access and maintain a diversion of an existing high pressure gas main and associated infrastructure (Work Nos. 21 and 68)
Land Plans – Sheet 5	Land Plans – Sheet 5
5/7, 5/11e, 5/11f and 5/13	To construct, operate, access and maintain a balancing pond to provide attenuation and treatment systems to the south of Brookfield Farm and a new outfall connection to Watercourse 4. Maintenance access along an existing track that connects to Hilton Lane and via a new accommodation bridge (Work No. 59)
5/16	To construct, operate, access and maintain a culvert on Watercourse 4 adjacent to Brookfield Farm, a balancing pond to provide attenuation and treatment systems to the south of Brookfield Farm and a new outfall connection to Watercourse 4 as well as diversion of an overhead electricity cable and associated infrastructure. Maintenance access along an existing track that connects to Hilton Lane and via a new accommodation bridge. (Work Nos. 47, 59 and 70)
5/17	To construct, operate, access and maintain a diversion of an overhead electricity cable and associated infrastructure (Work No. 70)
Land Plans – Sheet 6	Land Plans – Sheet 6
6/31	To access land for works to realign the existing public right of way Saredon 13 (Work No. 66)

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

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 the imposition of a restrictive covenant as they apply in respect of compensation on the compulsory purchase of land and interests in land.

2

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

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

(5A) If— (a) the acquiring authority enters on land for the purposes of exercising a right in pursuance of a notice of entry under section 11(1) of the 1965 Act (as modified by paragraph 5(5) of Schedule 6 to the M54 to M6 Link Road Development Consent Order 2022); (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 M54 to M6 Link Road Development Consent Order 2022) to acquire an interest in the land; and (c) the acquiring authority enters on and takes possession of that land, the authority is deemed for the purposes of subsection (3)(a) to have entered on that land when it entered on that land for the purpose of exercising that right.

3

• (1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973[^f00084] 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 25 (modification of Part 1 of the 1965 Act)) to the acquisition of land under article 20 (compulsory acquisition of land), applies to the compulsory acquisition of a right by the creation of a new right, or to the imposition of a restrictive covenant under article 23 (compulsory acquisition of rights and imposition of restrictive covenants)—

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

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

5

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

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

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

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

• (3) For section 7 (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 covenant but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.

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

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

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

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

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

are 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[^f00085] (powers of entry) of the 1965 Act is modified so as to secure that, as from the date on which 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 a compulsory acquisition under article 20), it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant; and sections 11A[^f00086] (powers of entry: further notices of entry), 11B[^f00087] (counter-notice requiring possession to be taken on specified date), 12[^f00088] (unauthorised entry) and 13[^f00089] (refusal to give possession to acquiring authority) of the 1965 Act are modified correspondingly.

• (6) Section 20[^f00090] (tenants at will, etc.) of the 1965 Act applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right or the enforcement of the restrictive covenant in question.

• (7) Section 22 (interests omitted from purchase) of the 1965 Act is modified by article 25(4) 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 acquiring authority serves a notice to treat in respect of a right over, or restrictive covenant affecting, the whole or part of a house, building or factory and has not executed a general vesting declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 as applied by article 26 (application of the Compulsory Purchase (Vesting Declarations) Act 1981) of the M54 to M6 Link Road Development Consent Order 2022 in respect of the land to which the notice to treat relates. (2) But see article 27(3) (acquisition of subsoil and airspace only) of the M54 to M6 Link Road Development Consent Order 2021 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 included the owner’s interest in the house, building or factory. (10) On a referral under paragraph 7, the Upper Tribunal must determine whether the acquisition of the right or the imposition of the restrictive covenant would— (a) in the case of a house, building or factory, cause material detriment to the house, building or factory, or (b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs. (11) In making its determination, the Upper Tribunal must take into account— (a) the effect of the acquisition of the right or the imposition of the covenant, (b) the use to be made of the right or covenant proposed to be acquired or imposed, and (c) if the right or covenant is proposed to be acquired or imposed for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land. (12) If the Upper Tribunal determines that the acquisition of the right or the imposition of the covenant would have either of the consequences described in paragraph 10, it must determine how much of the house, building or factory the acquiring authority ought to be required to take. (13) If the Upper Tribunal determines that the acquiring authority ought to be required to take some or all of the house, building or factory, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in that land. (14) (1) If the Upper Tribunal determines that the acquiring authority ought to be required to take some or all of the house, building or factory, the acquiring authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land. (2) If the acquiring authority withdraws the notice to treat under this paragraph it must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice. (3) Any dispute as to the compensation is to be determined by the Upper Tribunal.

SCHEDULE 7 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

(1) Plot Reference Number shown on Land Plans	(2) Purpose for which temporary possession may be taken	(3) Relevant part of the authorised development
Land Plans – Sheet 3	Land Plans – Sheet 3	Land Plans – Sheet 3
3/7a, 3/7b and 3/7c	Required to deliver ancient woodland enhancement measures	Work No. 76 as shown on sheets 3 and 4 of the works plans
Land Plans – Sheet 4	Land Plans – Sheet 4	Land Plans – Sheet 4
4/1e and 4/9a	Required for alignment of the existing A460 into the M54 Junction 1 south roundabout	Work No. 7 as shown on sheet 4 of the works plans
4/1i	Required for the stopping up of the existing A460 and construction of a turning head facility	Work No. 11 as shown on sheet 4 of the works plans
4/2	Required to deliver ancient woodland enhancement measures	Work No. 76 as shown on sheets 3 and 4 of the works plans
4/8	Required for the diversion of utilities and association infrastructure to a new utilities’ corridor	Work No. 67 as shown on sheet 4 of the works plans
4/13, 4/14a and 4/14c	Required for the alignment of the M54 Junction 1 eastbound merge slip road and the construction of an access for Tower Hill Farm connecting to the Featherstone Junction east roundabout	Work Nos. 12 and 20 as shown on sheet 4 of the works plans
4/14i	Required for the construction of a free-flowing two lane carriageway, the Featherstone Junction east roundabout, a dual carriageway dumbbell link, new private means of access, the Featherstone Junction southbound diverge slip road and the diversion of a high pressure gas main	Work Nos. 2, 4, 13, 14, 20, 21, 22, 68 as shown on sheet 4 of the works plans
4/17b, 4/18	Required for the diversion of a high pressure gas main	Work No. 68 as shown on sheet 4 of the works plans
4/20d	Required for habitat creation for visual screening and to mitigate for biodiversity loss and the installation of a replacement fence	Work No. 80 as shown on sheet 4 of the works plans
4/22	Required for the modification of an existing junction and removal of a right turn prohibition into Dark Lane	Work No. 73 as shown on sheets 4 and 5 of the works plans
Land Plans – Sheet 5	Land Plans – Sheet 5	Land Plans – Sheet 5
5/1	Required for the modification of an existing junction and removal of a right turn prohibition into Dark Lane	Work No. 73 as shown on sheets 4 and 5 of the works plans
5/6	Required for the construction of new northbound and southbound dual carriageways to M6 Junction 11 the realignment of Hilton Lane and construction of an accommodation overbridge and realignment of access tracks to the south of Brookfield Farm	Work Nos. 25, 26, 27 and 28 as shown on sheets 4 to 6 of the works plans
5/10	Required for the construction of new northbound and southbound dual carriageways to M6 Junction 11, realignment of Hilton Lane and the realignment of public right of way Shareshill 5	Work Nos. 25, 26, 27 and 63 as shown on sheets 4 to 6 of the works plans
5/11a	Required for the construction of new northbound and southbound dual carriageways to M6 Junction11, realignment of Hilton Lane, construction of an accommodation overbridge and realignment of access tracks to the south of Brookfield Farm, installation of a new balancing pond and works to realign public right of way Shareshill 5	Work Nos. 25, 26, 27, 28, 59 and 63 as shown on sheet 5 of the works plans
5/11g	Required for the construction of a new northbound and southbound dual carriageways to M6 Junction 11, construction of an accommodation overbridge and realignment of access tracks to the south of Brookfield Farm and the diversion of an overhead electricity cable and associated infrastructure	Work No. 25, 26, 28 and 70 as shown on sheet 5 of the works plans
5/14	Required for the construction of northbound and southbound dual carriageways to M6 Junction 11 and an accommodation overbridge and realignment of access tracks	Work Nos. 25, 26 and 28 as shown on sheets 4 to 6 of the works plans
5/25	Required for the construction of new northbound and southbound dual carriageways to M6 Junction 11, realignment of Hilton Lane and the modification of the junction between the existing A460, New Road and Dark lane and the construction of a borrow pit including the excavation, working and restoration to win material required for the construction of the authorised development	Work Nos. 25, 26, 27 and 74 as shown on sheet 4, 5 and 6 of the works plans
Land Plans – Sheet 6	Land Plans – Sheet 6	Land Plans – Sheet 6
6/11b, 6/13, 6/18 and 6/19	Required to realign the M6 Junction 11 northbound merge slip road	Work No. 33 as shown on sheet 6 of the works plans
6/11k, 6/11l, 6/11m, 6/11n, 6/17r, 6/17q and 6/27	Required for the demolition and removal of existing M6 Junction 11 structures and redundant sections of existing circulatory carriageway. Also required for the construction of a new M6 Junction 11 circulatory carriageway and associated infrastructure, the realignment of Wolverhampton Road and the realignment and widening by a single lane of the A460 southbound and northbound	Work Nos. 36, 38, 39 and 40 as shown on sheet 6 of the works plans
6/12	Required to realign Mill Lane	Work No. 30 as shown on sheet 6 of the works plans
6/17f	Required for the demolition of existing structures at M6 Junction 11, and construction of new M6 Junction 11 circulatory carriageway including overbridges and portal gantries	Work No. 36 as shown on sheet 6 of the works plans
6/17g, 6/20 and 6/22a	Required for the realignment of the M6 Junction 11 southbound diverge slip road	Work No. 35 as shown on sheet 6 of the works plans
6/17h, 6/17i, 6/17j, 6/17k, 6/17m, 6/32a and 6/36	Required for the realignment and widening by a single lane of the A460 southbound and northbound	Work No. 39 as shown on sheet 6 of the works plans
6/25	Required for the realignment of the M6 Junction 11 southbound merge slip road, the demolition and removal of existing M6 Junction 11 structures and redundant sections of existing circulatory carriageway. Also required for the construction of a new M6 Junction 11 circulatory carriageway and associated infrastructure. Required for the realignment of the A462 to M6 Junction 11	Work Nos. 34, 36 and 37 as shown on sheet 5 and 6 of the works plans
6/37	Required for the realignment of the M6 Junction 11 southbound diverge slip road. Required for the demolition and removal of existing M6 Junction 11 structures and redundant sections of existing circulatory carriageway. Also required for the construction of a new M6 Junction 11 circulatory carriageway and associated infrastructure. Also required for the realignment and widening by a single lane of the A460 southbound and northbound and the realignment of the existing public right of way Saredon 13	Work Nos. 35, 36, 39 and 66 as shown on sheet 6 of the works plans

SCHEDULE 8 — HEDGEROWS AND TREES

PART 1 — HEDGEROWS

The hedgerow identifications in the table below are taken from Chapter 8: Biodiversity and Figure 8.3 of the environmental statement

(1) Hedgerow	(2) Relevant part of the authorised development	(3) Important Hedgerow
TN1 – Intact Hedge – Native Species – Rich	Work No. 66	No
TN8 – Intact Hedge – Native Species – Poor	Work No. 35	No
TN10 – Intact Hedge – Native Species – Rich	Work No. 35	No
TN11 – Intact Hedge – Native Species – Poor	Work No. 30	No
TN14 – Intact Hedge – Native Species – Rich	Work No. 30	No
TN20 – Defunct Hedge – Native Species -	Work No. 72	No
TN22 – Defunct Hedge – Native Species – Rich	Work No. 72	No
TN23 – Intact Hedge – Native Species – Rich	Work No. 72	Yes
TN29 – Intact Hedge – Native Species – Poor	Work No. 29	No
TN35 – Intact Hedge – Native Species – Poor	Work Nos. 36 and 37	No
TN37 – Defunct Hedge – Native Species – Poor	Work Nos. 34 and 85	No
TN39 – Intact Hedge – Native Species – Poor	Work Nos. 25, 26, 32 and 36	No
TN40 – Intact Hedge – Native Species – Poor	Work Nos. 25, 26, 32 and 36	No
TN41 – Intact Hedge – Native Species – Rich	Work Nos. 25, 26 and 48	Yes
TN68– Defunct Hedge – Native Species – Rich	Work Nos. 27 and 59	No
TN71 – Intact Hedge – Native Species – Poor	Work Nos. 25, 26 and 27	No
TN75 – Defunct Hedge – Native Species – Rich	Work Nos. 71	No

PART 2 — TREES SUBJECT TO TREE PRESERVATION ORDERS

The tree plan references in the table below are taken from the tree preservation order impact/removal plans

(1) Type of tree	(2) Relevant part of the authorised development	(3) TPO reference
T168 – Ash (Fraxinus excelsior)	Work No. 86	TPO – 3/1957
T46 – Ash (Fraxinus excelsior)	Work No. 11	TPO – 3/1957
T60 – Ash (Fraxinus excelsior)	Work No. 17	TPO – 3/1957
T237 – Atlantic Cedar (Blue) (Cedrus libani atlantica Glauca)	Work Nos. 27 and 69	TPO – 3/1957
T146 – Beech (Fagus sylvatica)	Work No. 16	TPO – 3/1957
T222 – Beech (Fagus sylvatica)	Work No. 69	TPO – 3/1957
T94 – Beech (Fagus sylvatica)	Work No. 16	TPO – 3/1957
G369 – Common Alder (Alnus glutinosa)	Work Nos. 25 and 48	TPO – 56 and 58/1981
T152 – Common Alder (Alnus glutinosa)	Work Nos. 22 and 26	TPO – 3/1957
W342 – Common Alder (Alnus glutinosa), Ash (Fraxinus excelsior), Crack Willow (Salix fragilis), Common Oak (Quercus robur)	Work Nos. 25, 26, 48 and 65	TPO – 56 and 58/1981
G346 – Common Alder (Alnus glutinosa), Crack Willow (Salix fragilis), Hawthorn (Crataegus monogyna) Common Oak (Quercus robur)	Work No. 26	TPO – 56 and 58/1981
G119 – Common Alder (Alnus glutinosa), Sycamore (Acer pseudoplatanus), Downy Birch (Betula pubescens)	Work Nos. 2 and 23	TPO – 3/1957
T101 – Common Lime (Tilia X europaea)	Work No. 16	TPO – 3/1957
T102 – Common Lime (Tilia X europaea)	Work No. 16	TPO – 3/1957
T113 – Common Lime (Tilia X europaea)	Work No. 16	TPO – 3/1957
T120 – Common Lime (Tilia X europaea)	Work No. 16	TPO – 3/1957
T110 – Common Oak (Quercus robur)	Work No. 16	TPO – 3/1957
T130 – Common Oak (Quercus robur)	Work No. 16	TPO – 3/1957
T145 – Common Oak (Quercus robur)	Work Nos. 4, 22 and 46	TPO – 3/1957
T242 – Common Oak (Quercus robur)	Work Nos. 24, 26 and 27	TPO – 3/1957
T367 – Common Oak (Quercus robur)	Work Nos. 25 and 48	TPO – 56 and 58/1981
T72 – Common Oak (Quercus robur)	Work No. 17	TPO – 3/1957
T75 – Common Oak (Quercus robur)	Work No. 17	TPO – 3/1957
T77 – Common Oak (Quercus robur)	Work No. 17	TPO – 3/1957
T78 – Common Oak (Quercus robur)	Work No. 17	TPO – 3/1957
T79 – Common Oak (Quercus robur)	Work Nos. 16 and 17	TPO – 3/1957
T81 - Sycamore (Acer pseudoplatanus)	Works Nos. 17 and 18	TPO – 3/1957
T84 – Common Oak (Quercus robur)	Work Nos. 4 and 22	TPO – 3/1957
T87 – Common Oak (Quercus robur)	Work Nos. 16 and 18	TPO – 3/1957
T88 – Common Oak (Quercus robur)	Work Nos. 4 and 22	TPO – 3/1957
T90 – Common Oak (Quercus robur)	Work Nos. 16 and 18	TPO – 3/1957
T91 – Common Oak (Quercus robur)	Work Nos. 4 and 22	TPO – 3/1957
T92 – Common Oak (Quercus robur)	Work Nos. 16 and 18	TPO – 3/1957
W512 – Common Oak (Quercus robur), Ash (Fraxinus excelsior), Sycamore (Acer pseudoplatanus), Lime (Tilia Sp.), Beech (Fagus sylvatica)	Work Nos. 16, 17, 18, 19 and 71	TPO – 3/1957
G234 - Common Oak (Quercus robur), Sycamore (Acer pseudoplatanus), Hawthorn (Crataegus monogyna)	Work Nos. 24, 25, 26 and 27	TPO – 3/1957
T183– Common Oak (Quercus robur)	Works Nos. 24 and 69	TPO – 3/1957
G184 - Common Oak (Quercus robur), Sycamore (Acer pseudoplatanus), Holly (Ilex aquifolium), other	Work Nos. 24, 25, 26 and 62	TPO – 3/1957
T140 – Downy Birch (Betula pubescens)	Work Nos. 2, 23 and 46	TPO – 3/1957
G374 – Hawthorn (Crataegus monogyna), Common Alder (Alnus glutinosa)	Work No. 36	TPO – 56 and 58/1981
G240 – Hawthorn (Crataegus monogyna), Holly (Ilex aquifolium)	Work Nos. 24, 26 and 27	TPO – 3/1957
T95 – Sessile Oak (Quercus petraea)	Work Nos. 4 and 22	TPO – 3/1957
T209 – Sweet Chestnut (Castanea sativa)	Work No. 86	TPO – 3/1957
G153 – Sycamore (Acer pseudoplatanus)	Work No. 16	TPO – 3/1957
T111 – Sycamore (Acer pseudoplatanus)	Work No. 16	TPO – 3/1957
T112 – Sycamore (Acer pseudoplatanus)	Work No. 16	TPO – 3/1957
T195 – Sycamore (Acer pseudoplatanus)	Work No. 86	TPO – 3/1957
T197 – Sycamore (Acer pseudoplatanus)	Work No. 86	TPO – 3/1957
T225 – Sycamore (Acer pseudoplatanus)	Work No. 69	TPO – 3/1957
T239 – Sycamore (Acer pseudoplatanus)	Work No. 25	TPO – 3/1957
T257 – Sycamore (Acer pseudoplatanus)	Work No. 74	TPO – 3/1957
T44 – Sycamore (Acer pseudoplatanus)	Work Nos. 45 and 68	TPO – 3/1957
T81 – Sycamore (Acer pseudoplatanus)	Work Nos. 17 and 18	TPO – 3/1957
T98 – Sycamore (Acer pseudoplatanus)	Work Nos. 16 and 19	TPO – 3/1957
T99 – Sycamore (Acer pseudoplatanus)	Work No. 16	TPO – 3/1957
T138 – Sycamore (Acer pseudoplatanus)	Work Nos. 2, 23 and 46	TPO – 3/1957
G74 – Sycamore (Acer pseudoplatanus), Common Alder (Alnus glutinosa)	Work No. 17	TPO – 3/1957
G265 – Sycamore (Acer pseudoplatanus), Common Oak (Quercus robur), Ash (Fraxinus excelsior), Holly (Iles aquifolium)	Work Nos. 24, 25, 26, 27 and 62	TPO – 3/1957
W212 – Sycamore (Acer pseudoplatanus), Common Oak (Quercus robur), Holly (Iles aquifolium), Scots Pine (Pinus sylvestris)	Work Nos. 62 and 69	TPO – 3/1957
W159 - Sycamore (Acer pseudoplatanus), Downy Birch (Betula pubescens), Common Alder (Alnus glutinosa), Beech (Fagus sylvatica)	Work Nos. 2, 4, 22, 23, 24, 25, 26, 46 and 62	TPO – 3/1957
G232 - Sycamore (Acer pseudoplatanus), Holly (Ilex aquifolium), Yew (Taxus baccata), Common Oak (Quercus robur)	Work Nos. 24 and 27	TPO – 3/1957
T122 – White Poplar (Populus alba)	Work No. 4, 22 and 46	TPO – 3/1957
T201 – Whitebeam (Sorbus aria)	Work No. 86	TPO – 3/1957
T180 – Willow (Salix sp.)	Work No. 86	TPO – 3/1957
W96 – Yew (Taxus baccata), Sycamore (Acer pseudoplatanus), Silver Birch (Betula pendula), Common Oak (Quercus robur)	Work Nos. 2, 4, 22 and 23	TPO – 3/1957
G36 – Silver Birch (Betula pendula), Common Oak (Quercus robur), Hawthorn (Crataegus monogyna)	Work Nos. 6 and 68	TPO – 3/1957
W516 - Sycamore (Acer pseudoplatanus), Birch (Betula sp.), Common Oak (Quercus robur), Common Beech (Fagus sylvatica), Sweet Chestnut (Castanea sativa),	Work No. 3	TPO – 3/1957
T97 - Scots Pine (Pinus sylvestris)	Work Nos. 2 and 22	TPO – 3/1957
T135 - Common Oak (Quercus robur)	Work No. 16	TPO – 3/1957

SCHEDULE 9 — PROTECTIVE PROVISIONS

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

1

• (1) For the protection of the utility undertakers referred to in this Part of this Schedule the following provisions have effect, unless otherwise identified in another Part of this Schedule or agreed in writing between the undertaker and the utility undertaker concerned.

• (2) Subject to sub-paragraph (3) or to the extent otherwise agreed in writing between the undertaker and the utility undertaker concerned, where the benefit of this Order is transferred or granted to another person under article 8 (consent to transfer benefit of Order), any agreement of the type mentioned in sub-paragraph (1) has effect as if it had been made between the utility undertaker concerned and the transferee or grantee (as the case may be).

• (3) Sub-paragraph (2) does not apply where the benefit of the Order is transferred or granted to the utility undertaker concerned (but see paragraph 11(3)(b)).

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[^f00091]), belonging to or maintained by that utility undertaker; in the case of a gas undertaker, any mains, pipes or other apparatus belonging to or maintained by a gas transporter within the meaning of Part 1 of the Gas Act 1986[^f00092] for the purposes of gas supply; in the case of a water undertaker, mains, pipes or other apparatus belonging to or maintained by that utility undertaker for the purposes of water supply; and in the case of a sewerage undertaker— any drain or works vested in the undertaker under the Water Industry Act 1991[^f00093]; and any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4)[^f00094] (adoption of sewers and disposal works) of that Act or an agreement to adopt made under section 104[^f00095] (agreement to adopt sewers, drains or sewage disposal works at a future date) of that Act, and includes a sludge main, disposal main (within the meaning of section 219 (general inspection) of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works, and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

• “functions” includes powers and duties;

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

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

• “utility undertaker” means— any licence holder within the meaning of Part 1 of the Electricity Act 1989; a gas transporter within the meaning of Part 1 of the Gas Act 1986; a water undertaker within the meaning of the Water Industry Act 1991; and a sewerage undertaker within the meaning of Part 1 of the Water Industry Act 1991, for the area of the authorised development, and in relation to any apparatus, means the utility undertaker to whom it belongs or by whom it is maintained.

On street apparatus

3

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

Apparatus in stopped up streets

4

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

• (2) Regardless of the temporary stopping up or diversion of any highway under the powers conferred by article 12 (temporary stopping up and restriction of use of streets), a utility undertaker is at liberty at all times to take all necessary access across any such stopped up highway and to execute and do all such works and things in, upon or under any such highway as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the stopping up or diversion was in that highway.

Protective works to buildings

5

The undertaker, in the case of the powers conferred by article 18 (protective work to buildings), must exercise those powers so as not to obstruct or render less convenient the access to any apparatus.

Acquisition of land

6

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

Removal of apparatus

7

• (1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed or requires that the utility undertaker’s apparatus is relocated or diverted, that apparatus must not be removed under this Part of this Schedule, and any right of a utility undertaker to maintain that apparatus in that land must not be extinguished, until alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the utility undertaker in question in accordance with sub-paragraphs (2) to (6).

• (2) If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, the undertaker must give to the utility undertaker in question 28 days’ written notice of that requirement, together with a plan of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order a utility undertaker reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to the utility undertaker the necessary facilities and rights for the construction of alternative apparatus in other land of the undertaker and subsequently for the maintenance of that apparatus.

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

• (4) Any alternative apparatus to be constructed in land of the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between the utility undertaker in question and the undertaker or in default of agreement settled by arbitration in accordance with article 42 (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 42, 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 42 (arbitration).

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

Retained apparatus

9

• (1) Not less than 28 days before starting the execution of any works in, on or under any land purchased, held, appropriated or used under this Order that are near to, or will or may affect, any apparatus the removal of which has not been required by the undertaker under paragraph 7(2), the undertaker must submit to the utility undertaker in question a plan of the works to be executed.

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

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

• (4) If a utility undertaker in accordance with sub-paragraph (3) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 1 to 3 and 6 to 8 apply as if the removal of the apparatus had been required by the undertaker under paragraph 7(2).

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

• (6) The undertaker is not required to comply with sub-paragraph (1) in a case of emergency but in that case must give to the utility undertaker in question notice as soon as is reasonably practicable and a plan of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (3) in so far as is reasonably practicable in the circumstances.

Expenses and costs

10

• (1) Subject to the following provisions of this paragraph, the undertaker must repay to a utility undertaker all expenses reasonably incurred by that utility undertaker in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any such works as are referred to in paragraph 7(2).

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

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

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

• (b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was 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 42 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the utility undertaker in question by virtue of sub-paragraph (1) must be reduced by the amount of that excess.

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

• (a) an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and

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

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

11

• (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any such works referred to in paragraphs 5 or 7(2), or by reason of any subsidence resulting from such development or works, any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of a utility undertaker, or there is any interruption in any service provided, or in the supply of any goods, by any utility undertaker, the undertaker must—

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

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

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

• (2) The fact that any act or thing may have been done by a utility undertaker on behalf of the undertaker or in accordance with a plan approved by a utility undertaker or in accordance with any requirement of a utility undertaker or under its supervision does not, subject to sub-paragraph (3), excuse the undertaker from liability under the provisions of sub-paragraph (1).

• (3) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to—

• (a) 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, or

• (b) any part of the authorised development carried out by a utility undertaker in the exercise of any functions conferred by this Order pursuant to a transfer or grant under article 8 (consent to transfer benefit of Order).

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

Co-operation

12

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 best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe and efficient operation of the utility undertaker’s undertaking and each utility undertaker must use its best endeavours to co-operate with the undertaker for that purpose.

13

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

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

14

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

15

In this Part of this Schedule—

• “the 2003 Act” means the Communications Act 2003 (“the 2003 Act”)[^f00096];

• “electronic communications apparatus” has the same meaning as in the electronic communications code;

• “the electronic communications code” has the same meaning as in Chapter 1 of Part 2 of the 2003 Act[^f00097];

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

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

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

• “operator” means the operator of an electronic communications code network.

16

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

17

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

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

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

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

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

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

• (4) Any difference arising between the undertaker and the operator under this Part of this Schedule must be referred to and settled by arbitration under article 42 (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 of the 1991 Act; or

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

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

PART 3 — FOR THE PROTECTION OF CADENT GAS LTD AS GAS UNDERTAKER

Application

18

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

Interpretation

19

In this Part of this Schedule—

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

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

• “Cadent” means Cadent Gas Limited and includes its successors in title or any successor as a gas transporter within the meaning of Part 1 of the Gas Act 1986[^f00098];

• “Cadent’s undertaking” means the rights, duties and obligations of Cadent Gas Limited as a gas transporter within the meaning of Part 1 of the Gas Act 1986[^f00099];

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

• “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, enactments 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;

• “facilities and rights” for construction and for maintenance include any appropriate working areas required to reasonably and safely undertake that construction or maintenance, and any necessary rights of access;

• “functions” includes powers and duties;

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

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

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

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

• “maintain” and “maintenance” for the purposes of this Part of this Schedule have effect as if Cadent’s existing apparatus was authorised development and as if the term “maintain” includes protect and use, improve, landscape, preserve, decommission, refurbish or replace;

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