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The A47 Blofield to North Burlingham Development Consent Order 2022

Type Statutory-Instrument
Publication 2022-06-22
Last updated 2023-07-31
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
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(1) Location (1) Location (2) Plot Reference Number shown on Land Plans (2) Plot Reference Number shown on Land Plans (3) Purpose for which temporary possession may be taken (4) Relevant part of the authorised development (4) Relevant part of the authorised development
Land plans – Sheet No. 1 Land plans – Sheet No. 1 Land plans – Sheet No. 1 Land plans – Sheet No. 1 Land plans – Sheet No. 1 Land plans – Sheet No. 1 Land plans – Sheet No. 1
Norfolk County Council, Parish of Blofield 1/3a 1/3a Required to facilitate alteration of the A47 and to provide temporary storage, laydown areas, access and working space. Also required to facilitate Installation of ducts, cables and apparatus for utilities and electronic communications operators to the east of Blofield; and to facilitate diversion underground of 11kV overhead electricity distribution network cable. Required to facilitate alteration of the A47 and to provide temporary storage, laydown areas, access and working space. Also required to facilitate Installation of ducts, cables and apparatus for utilities and electronic communications operators to the east of Blofield; and to facilitate diversion underground of 11kV overhead electricity distribution network cable. Required to facilitate alteration of the A47 and to provide temporary storage, laydown areas, access and working space. Also required to facilitate Installation of ducts, cables and apparatus for utilities and electronic communications operators to the east of Blofield; and to facilitate diversion underground of 11kV overhead electricity distribution network cable. Work Nos. 1, 2, 3
Norfolk County Council, Parish of Blofield 1/3b 1/3b Required to facilitate alteration of the A47 and to provide temporary storage, laydown areas, access and working space. Also required to facilitate Installation of ducts, cables and apparatus for utilities and electronic communications operators; and to facilitate diversion underground of 11kV overhead electricity distribution network cable. Required to facilitate alteration of the A47 and to provide temporary storage, laydown areas, access and working space. Also required to facilitate Installation of ducts, cables and apparatus for utilities and electronic communications operators; and to facilitate diversion underground of 11kV overhead electricity distribution network cable. Required to facilitate alteration of the A47 and to provide temporary storage, laydown areas, access and working space. Also required to facilitate Installation of ducts, cables and apparatus for utilities and electronic communications operators; and to facilitate diversion underground of 11kV overhead electricity distribution network cable. Work Nos. 1, 2, 3
Norfolk County Council, Parish of Blofield 1/4b 1/4b Required to facilitate alteration of the A47 and to provide temporary storage, laydown areas, access and working space. Also required to facilitate installation of ducts, cables and apparatus for utilities and electronic communications operators; and to facilitate diversion underground of 11kV overhead electricity distribution network cable. Required to facilitate alteration of the A47 and to provide temporary storage, laydown areas, access and working space. Also required to facilitate installation of ducts, cables and apparatus for utilities and electronic communications operators; and to facilitate diversion underground of 11kV overhead electricity distribution network cable. Required to facilitate alteration of the A47 and to provide temporary storage, laydown areas, access and working space. Also required to facilitate installation of ducts, cables and apparatus for utilities and electronic communications operators; and to facilitate diversion underground of 11kV overhead electricity distribution network cable. Work Nos. 1, 2, 3
Norfolk County Council, Parish of Blofield 1/4c 1/4c Required to facilitate alteration of the A47 and to provide temporary storage, laydown areas, access and working space. Also required to facilitate installation of ducts, cables and apparatus for utilities and electronic communications operators; and to facilitate diversion underground of 11kV overhead electricity distribution network cable. Required to facilitate alteration of the A47 and to provide temporary storage, laydown areas, access and working space. Also required to facilitate installation of ducts, cables and apparatus for utilities and electronic communications operators; and to facilitate diversion underground of 11kV overhead electricity distribution network cable. Required to facilitate alteration of the A47 and to provide temporary storage, laydown areas, access and working space. Also required to facilitate installation of ducts, cables and apparatus for utilities and electronic communications operators; and to facilitate diversion underground of 11kV overhead electricity distribution network cable. Work Nos. 1, 2
Norfolk County Council, Parish of Blofield 1/7a 1/7a Required to facilitate alteration of the A47 and to provide temporary storage, laydown areas and working space. Also required to facilitate installation of ducts, cables and apparatus for utilities and electronic communications operators; and to facilitate diversion underground of 11kV overhead electricity distribution network cable. Required to facilitate alteration of the A47 and to provide temporary storage, laydown areas and working space. Also required to facilitate installation of ducts, cables and apparatus for utilities and electronic communications operators; and to facilitate diversion underground of 11kV overhead electricity distribution network cable. Required to facilitate alteration of the A47 and to provide temporary storage, laydown areas and working space. Also required to facilitate installation of ducts, cables and apparatus for utilities and electronic communications operators; and to facilitate diversion underground of 11kV overhead electricity distribution network cable. Work Nos. 1, 2
Norfolk County Council, Parish of Blofield 1/9a 1/9a Required to facilitate alteration of the A47 and to provide temporary storage, laydown areas, access and working space. Also required to facilitate a diversion of an intermediate pressure gas main. Required to facilitate alteration of the A47 and to provide temporary storage, laydown areas, access and working space. Also required to facilitate a diversion of an intermediate pressure gas main. Required to facilitate alteration of the A47 and to provide temporary storage, laydown areas, access and working space. Also required to facilitate a diversion of an intermediate pressure gas main. Work Nos. 1, 4, 5, 12
Norfolk County Council, Parish of Blofield 1/9b 1/9b Required to facilitate alteration of the A47 and to provide temporary storage, laydown areas, access and working space. Required to facilitate alteration of the A47 and to provide temporary storage, laydown areas, access and working space. Required to facilitate alteration of the A47 and to provide temporary storage, laydown areas, access and working space. Work Nos 1, 4
Norfolk County Council, Parish of Blofield 1/12a 1/12a Required to facilitate diversion of an intermediate pressure gas main together and to provide temporary storage laydown areas, working space and access. Required to facilitate diversion of an intermediate pressure gas main together and to provide temporary storage laydown areas, working space and access. Required to facilitate diversion of an intermediate pressure gas main together and to provide temporary storage laydown areas, working space and access. Work Nos. 5, 7
Norfolk County Council, Parish of Blofield 1/13 1/13 Required to facilitate alteration of the A47 and to provide temporary access and working space. Also required to facilitate a diversion underground of 11kV overhead electricity distribution network cable. Required to facilitate alteration of the A47 and to provide temporary access and working space. Also required to facilitate a diversion underground of 11kV overhead electricity distribution network cable. Required to facilitate alteration of the A47 and to provide temporary access and working space. Also required to facilitate a diversion underground of 11kV overhead electricity distribution network cable. Work Nos. 1, 3, 4
Norfolk County Council, Parish of Blofield 1/14 1/14 Required to facilitate alteration of the A47 and to provide temporary access and working space. Also required to facilitate a diversion underground of 11kV overhead electricity distribution network cable. Required to facilitate alteration of the A47 and to provide temporary access and working space. Also required to facilitate a diversion underground of 11kV overhead electricity distribution network cable. Required to facilitate alteration of the A47 and to provide temporary access and working space. Also required to facilitate a diversion underground of 11kV overhead electricity distribution network cable. Work Nos. 1, 3, 4
Norfolk County Council, Parish of Blofield 1/15 1/15 Required to facilitate alteration of the A47 and to provide temporary access and working space. Also required to facilitate a diversion underground of 11kV overhead electricity distribution network cable. Required to facilitate alteration of the A47 and to provide temporary access and working space. Also required to facilitate a diversion underground of 11kV overhead electricity distribution network cable. Required to facilitate alteration of the A47 and to provide temporary access and working space. Also required to facilitate a diversion underground of 11kV overhead electricity distribution network cable. Work Nos. 1, 3, 4
Norfolk County Council, Parish of Blofield 1/16 1/16 Required to facilitate alteration of the A47 and to provide temporary access and working space. Also required to facilitate a diversion underground of 11kV overhead electricity distribution network cable. Required to facilitate alteration of the A47 and to provide temporary access and working space. Also required to facilitate a diversion underground of 11kV overhead electricity distribution network cable. Required to facilitate alteration of the A47 and to provide temporary access and working space. Also required to facilitate a diversion underground of 11kV overhead electricity distribution network cable. Work Nos. 1, 3
Land plans – Sheet No. 2 Land plans – Sheet No. 2 Land plans – Sheet No. 2 Land plans – Sheet No. 2 Land plans – Sheet No. 2 Land plans – Sheet No. 2 Land plans – Sheet No. 2
Norfolk County Council, Parish of Lingwood and Burlingham 2/1a 2/1a Required to facilitate alteration of the A47 and to provide temporary storage, laydown areas, access and working space. Also required to facilitate a diversion of an intermediate pressure gas main. And required to facilitate Installation of ducts, cables and apparatus for utilities and electronic communications cables. Required to facilitate alteration of the A47 and to provide temporary storage, laydown areas, access and working space. Also required to facilitate a diversion of an intermediate pressure gas main. And required to facilitate Installation of ducts, cables and apparatus for utilities and electronic communications cables. Required to facilitate alteration of the A47 and to provide temporary storage, laydown areas, access and working space. Also required to facilitate a diversion of an intermediate pressure gas main. And required to facilitate Installation of ducts, cables and apparatus for utilities and electronic communications cables. Work Nos. 1, 5, 7, 10, 12
Norfolk County Council, Parish of Lingwood and Burlingham 2/1d 2/1d Required to facilitate a diversion of an intermediate pressure gas main and to provide temporary storage laydown areas, working space and access Required to facilitate a diversion of an intermediate pressure gas main and to provide temporary storage laydown areas, working space and access Required to facilitate a diversion of an intermediate pressure gas main and to provide temporary storage laydown areas, working space and access Work No. 5
Norfolk County Council, Parish of Blofield 2/1e 2/1e Required to facilitate a diversion of an intermediate pressure gas main and to provide temporary storage laydown areas, working space and access Required to facilitate a diversion of an intermediate pressure gas main and to provide temporary storage laydown areas, working space and access Required to facilitate a diversion of an intermediate pressure gas main and to provide temporary storage laydown areas, working space and access Work No. 5
Norfolk County Council, Parish of Blofield 2/3a 2/3a Required to facilitate alteration of the A47 and to provide temporary storage, laydown areas, access and working space. Also required to facilitate installation of ducts, cables and apparatus for utilities and electronic communications operators. Required to facilitate alteration of the A47 and to provide temporary storage, laydown areas, access and working space. Also required to facilitate installation of ducts, cables and apparatus for utilities and electronic communications operators. Required to facilitate alteration of the A47 and to provide temporary storage, laydown areas, access and working space. Also required to facilitate installation of ducts, cables and apparatus for utilities and electronic communications operators. Work Nos. 1, 2, 12
Norfolk County Council, Parish of Blofield 2/3b 2/3b Required to facilitate alteration of the A47 and to provide temporary storage, laydown areas, access and working space. Also required to facilitate installation of ducts, cables and apparatus for utilities and electronic communications operators. Required to facilitate alteration of the A47 and to provide temporary storage, laydown areas, access and working space. Also required to facilitate installation of ducts, cables and apparatus for utilities and electronic communications operators. Required to facilitate alteration of the A47 and to provide temporary storage, laydown areas, access and working space. Also required to facilitate installation of ducts, cables and apparatus for utilities and electronic communications operators. Work Nos. 1, 2, 12
Norfolk County Council, Parish of Blofield 2/3c 2/3c Required to facilitate alteration of the A47 and to provide temporary storage, laydown areas, access and working space. Also required to facilitate installation of ducts, cables and apparatus for utilities and electronic communications operators. Required to facilitate alteration of the A47 and to provide temporary storage, laydown areas, access and working space. Also required to facilitate installation of ducts, cables and apparatus for utilities and electronic communications operators. Required to facilitate alteration of the A47 and to provide temporary storage, laydown areas, access and working space. Also required to facilitate installation of ducts, cables and apparatus for utilities and electronic communications operators. Work Nos. 1, 2, 12
Norfolk County Council, Parish of Blofield 2/5a 2/5a Required to facilitate alteration of the A47 and to provide temporary storage, laydown areas, access and working space. Also required to facilitate installation of ducts, cables and apparatus for utilities and electronic communications operators. Required to facilitate alteration of the A47 and to provide temporary storage, laydown areas, access and working space. Also required to facilitate installation of ducts, cables and apparatus for utilities and electronic communications operators. Required to facilitate alteration of the A47 and to provide temporary storage, laydown areas, access and working space. Also required to facilitate installation of ducts, cables and apparatus for utilities and electronic communications operators. Work Nos. 1, 2, 12
Norfolk County Council, Parish of Blofield 2/13b 2/13b Required to facilitate installation of water pipes ducts, cables and apparatus for utilities and electronic communications cables. Also required to facilitate Infiltration pond, soakaways and associated drainage, drivable swale and maintenance access track, and to provide temporary laydown areas, working space and access. Required to facilitate installation of water pipes ducts, cables and apparatus for utilities and electronic communications cables. Also required to facilitate Infiltration pond, soakaways and associated drainage, drivable swale and maintenance access track, and to provide temporary laydown areas, working space and access. Required to facilitate installation of water pipes ducts, cables and apparatus for utilities and electronic communications cables. Also required to facilitate Infiltration pond, soakaways and associated drainage, drivable swale and maintenance access track, and to provide temporary laydown areas, working space and access. Work Nos. 8, 13
Norfolk County Council, Parish of Blofield 2/14b 2/14b Required to facilitate a diversion of an intermediate pressure gas main and to provide temporary storage laydown areas, working space and access. Required to facilitate a diversion of an intermediate pressure gas main and to provide temporary storage laydown areas, working space and access. Required to facilitate a diversion of an intermediate pressure gas main and to provide temporary storage laydown areas, working space and access. Work No. 5
Norfolk County Council, Parish of Blofield 2/18c 2/18c Required to facilitate installation of, ducts, cables and apparatus for utilities and electronic communications cables. Also required to provide temporary laydown areas, working space and access for the purposes of adjoining works. Required to facilitate installation of, ducts, cables and apparatus for utilities and electronic communications cables. Also required to provide temporary laydown areas, working space and access for the purposes of adjoining works. Required to facilitate installation of, ducts, cables and apparatus for utilities and electronic communications cables. Also required to provide temporary laydown areas, working space and access for the purposes of adjoining works. Work Nos 2, 9
Norfolk County Council, Parish of Blofield 2/19a 2/19a Required to facilitate a temporary construction compound. Required to facilitate a temporary construction compound. Required to facilitate a temporary construction compound. Work Nos. 1-44
Land plans – Sheet No. 3 Land plans – Sheet No. 3 Land plans – Sheet No. 3 Land plans – Sheet No. 3 Land plans – Sheet No. 3 Land plans – Sheet No. 3 Land plans – Sheet No. 3
Norfolk County Council, Parish of Lingwood and Burlingham 3/2a 3/2a Required to facilitate a temporary construction compound. Also required to facilitate diversion underground of electricity distribution network cables underground. Required to facilitate a temporary construction compound. Also required to facilitate diversion underground of electricity distribution network cables underground. Required to facilitate a temporary construction compound. Also required to facilitate diversion underground of electricity distribution network cables underground. Work nos. 1-44
Norfolk County Council, Parish of Lingwood and Burlingham 3/4 3/4 Required to facilitate works to adjoining street and to provide temporary laydown areas, working space and work access. Required to facilitate works to adjoining street and to provide temporary laydown areas, working space and work access. Required to facilitate works to adjoining street and to provide temporary laydown areas, working space and work access. Work No. 17A
Norfolk County Council, Parish of Lingwood and Burlingham 3/4a 3/4a Required to facilitate works to adjoining street and to provide temporary laydown areas, working space and work access. Required to facilitate works to adjoining street and to provide temporary laydown areas, working space and work access. Required to facilitate works to adjoining street and to provide temporary laydown areas, working space and work access. Work No. 17A
Norfolk County Council, Parish of Lingwood and Burlingham 3/4b 3/4b Required to facilitate works to adjoining street and to provide temporary laydown areas, working space and work access. Required to facilitate works to adjoining street and to provide temporary laydown areas, working space and work access. Required to facilitate works to adjoining street and to provide temporary laydown areas, working space and work access. Work No 17A
Norfolk County Council, Parish of Lingwood and Burlingham 3/4d 3/4d Required to facilitate works to adjoining street and to provide temporary laydown areas, working space and work access. Also required to facilitate a diversion underground of electricity distribution network cable. Required to facilitate works to adjoining street and to provide temporary laydown areas, working space and work access. Also required to facilitate a diversion underground of electricity distribution network cable. Required to facilitate works to adjoining street and to provide temporary laydown areas, working space and work access. Also required to facilitate a diversion underground of electricity distribution network cable. Work Nos. 17A, 19
Land plans – Sheet No. 4 Land plans – Sheet No. 4 Land plans – Sheet No. 4 Land plans – Sheet No. 4 Land plans – Sheet No. 4 Land plans – Sheet No. 4 Land plans – Sheet No. 4
Norfolk County Council, Parish of Lingwood and Burlingham 4/7c 4/7c Required to facilitate a diversion of an intermediate pressure gas main and to provide temporary storage laydown areas, working space and access. Also required to facilitate works to adjacent streets and new roads. Required to facilitate a diversion of an intermediate pressure gas main and to provide temporary storage laydown areas, working space and access. Also required to facilitate works to adjacent streets and new roads. Required to facilitate a diversion of an intermediate pressure gas main and to provide temporary storage laydown areas, working space and access. Also required to facilitate works to adjacent streets and new roads. Work Nos 1, 5, 14A 14B, 21 and 23
Norfolk County Council, Parish of Lingwood and Burlingham 4/9 4/9 Required to facilitate works to adjoining street and to provide temporary laydown areas, working space and work access. Also required to facilitate installation of ducts, cables and apparatus for utilities and electronic communications operators and potable water pipes. Required to facilitate works to adjoining street and to provide temporary laydown areas, working space and work access. Also required to facilitate installation of ducts, cables and apparatus for utilities and electronic communications operators and potable water pipes. Required to facilitate works to adjoining street and to provide temporary laydown areas, working space and work access. Also required to facilitate installation of ducts, cables and apparatus for utilities and electronic communications operators and potable water pipes. Work Nos. 17A and 22
Land plans – Sheet No. 5 Land plans – Sheet No. 5 Land plans – Sheet No. 5 Land plans – Sheet No. 5 Land plans – Sheet No. 5 Land plans – Sheet No. 5 Land plans – Sheet No. 5
Norfolk County Council, Parish of Lingwood and Burlingham 5/1a 5/1a Required to facilitate alteration of the A47 and to provide temporary storage, laydown areas, access and working space. Also required to facilitate cycle track, access track, soakaway, drivable swale and diversion of existing permissive equestrian and walking route and to facilitate construction for highway turning head on Lingwood Lane, Required for temporary compound. Required to facilitate alteration of the A47 and to provide temporary storage, laydown areas, access and working space. Also required to facilitate cycle track, access track, soakaway, drivable swale and diversion of existing permissive equestrian and walking route and to facilitate construction for highway turning head on Lingwood Lane, Required for temporary compound. Required to facilitate alteration of the A47 and to provide temporary storage, laydown areas, access and working space. Also required to facilitate cycle track, access track, soakaway, drivable swale and diversion of existing permissive equestrian and walking route and to facilitate construction for highway turning head on Lingwood Lane, Required for temporary compound. Work Nos 1-44
Norfolk County Council, Parish of Lingwood and Burlingham 5/1c 5/1c Required to facilitate alteration of the A47 and to provide temporary storage, laydown areas, access and working space. Also required to facilitate cycle track, access track, soakaway, drivable swale and diversion of existing permissive equestrian and walking route and to facilitate construction for highway turning head on Lingwood Lane, required for temporary compound. Required to facilitate alteration of the A47 and to provide temporary storage, laydown areas, access and working space. Also required to facilitate cycle track, access track, soakaway, drivable swale and diversion of existing permissive equestrian and walking route and to facilitate construction for highway turning head on Lingwood Lane, required for temporary compound. Required to facilitate alteration of the A47 and to provide temporary storage, laydown areas, access and working space. Also required to facilitate cycle track, access track, soakaway, drivable swale and diversion of existing permissive equestrian and walking route and to facilitate construction for highway turning head on Lingwood Lane, required for temporary compound. Work Nos 1-44
Norfolk County Council, Parish of Lingwood and Burlingham 5/5a 5/5a Required for temporary compound. Required for temporary compound. Required for temporary compound. Work Nos. 1-44
Land plans – Sheet No. 6 Land plans – Sheet No. 6 Land plans – Sheet No. 6 Land plans – Sheet No. 6 Land plans – Sheet No. 6 Land plans – Sheet No. 6 Land plans – Sheet No. 6
Norfolk County Council, Parish of Lingwood and Burlingham 6/1a 6/1a Required for Temporary compound. Required for Temporary compound. Required for Temporary compound. Work Nos. 1-44
Norfolk County Council, Parish of Lingwood and Burlingham 6/1c 6/1c Required to facilitate works to neighbouring land to provide temporary compound. Required to facilitate works to neighbouring land to provide temporary compound. Required to facilitate works to neighbouring land to provide temporary compound. Work Nos. 1-44
Norfolk County Council, Parish of Lingwood and Burlingham 6/1f 6/1f Required to facilitate improvements to neighbouring street. Required to facilitate improvements to neighbouring street. Required to facilitate improvements to neighbouring street. Work No. 29
Norfolk County Council, Parish of Lingwood and Burlingham 6/1g 6/1g Required to facilitate works to neighbouring land to provide temporary compound. Required to facilitate works to neighbouring land to provide temporary compound. Required to facilitate works to neighbouring land to provide temporary compound. Work Nos 1-44
Norfolk County Council, Parish of Lingwood and Burlingham 6/1j 6/1j Required to facilitate a diversion of an intermediate pressure gas main and to provide temporary storage laydown areas, working space and access. Also required to facilitate a soakaway and associated access and works to adjoining streets. Required to facilitate a diversion of an intermediate pressure gas main and to provide temporary storage laydown areas, working space and access. Also required to facilitate a soakaway and associated access and works to adjoining streets. Required to facilitate a diversion of an intermediate pressure gas main and to provide temporary storage laydown areas, working space and access. Also required to facilitate a soakaway and associated access and works to adjoining streets. Work Nos. 5, 35, 41
Norfolk County Council, Parish of Lingwood and Burlingham 6/2a 6/2a Required to facilitate installation of ducts, water pipes, cables and apparatus for utilities and electronic communications operators and to provide temporary lay down areas, working space and work access. Required to facilitate installation of ducts, water pipes, cables and apparatus for utilities and electronic communications operators and to provide temporary lay down areas, working space and work access. Required to facilitate installation of ducts, water pipes, cables and apparatus for utilities and electronic communications operators and to provide temporary lay down areas, working space and work access. Work No. 31
Norfolk County Council, Parish of Lingwood and Burlingham 6/2c 6/2c Required to facilitate installation of ducts, water pipes, cables and apparatus for utilities and electronic communications operators and to provide temporary lay down areas, working space and work access. Also required to facilitate improvements to neighbouring street. Required to facilitate installation of ducts, water pipes, cables and apparatus for utilities and electronic communications operators and to provide temporary lay down areas, working space and work access. Also required to facilitate improvements to neighbouring street. Required to facilitate installation of ducts, water pipes, cables and apparatus for utilities and electronic communications operators and to provide temporary lay down areas, working space and work access. Also required to facilitate improvements to neighbouring street. Work Nos. 29, 31
Norfolk County Council, Parish of Beighton 6/6 6/6 Required to carry out works to form an new street on adjoining land and to provide temporary lay down areas, working space and work access. Required to carry out works to form an new street on adjoining land and to provide temporary lay down areas, working space and work access. Required to carry out works to form an new street on adjoining land and to provide temporary lay down areas, working space and work access. Work No. 35
Norfolk County Council, Parish of Beighton 6/9 6/9 Required to facilitate installation of ducts, water pipes, cables and apparatus for utilities and electronic communications operators and to provide temporary lay down areas, working space and work access. Also required to facilitate improvements to neighbouring street. Required to facilitate installation of ducts, water pipes, cables and apparatus for utilities and electronic communications operators and to provide temporary lay down areas, working space and work access. Also required to facilitate improvements to neighbouring street. Required to facilitate installation of ducts, water pipes, cables and apparatus for utilities and electronic communications operators and to provide temporary lay down areas, working space and work access. Also required to facilitate improvements to neighbouring street. Work No 31, 40
Land plans – Sheet No. 7 Land plans – Sheet No. 7 Land plans – Sheet No. 7 Land plans – Sheet No. 7 Land plans – Sheet No. 7 Land plans – Sheet No. 7 Land plans – Sheet No. 7
Norfolk County Council, Parish of Lingwood and Burlingham 7/1 7/1 Required to facilitate a soakaway and to provide temporary storage laydown areas, working space and access. Required to facilitate a soakaway and to provide temporary storage laydown areas, working space and access. Required to facilitate a soakaway and to provide temporary storage laydown areas, working space and access. Work No. 41
Norfolk County Council, Parish of Beighton 7/3 7/3 Required to facilitate works to adjoining street and to provide temporary storage laydown areas, working space and access. Required to facilitate works to adjoining street and to provide temporary storage laydown areas, working space and access. Required to facilitate works to adjoining street and to provide temporary storage laydown areas, working space and access. Work No. 35
Norfolk County Council, Parish of Beighton 7/3a 7/3a Required to facilitate works to adjoining street and to provide temporary storage laydown areas, working space and access. Required to facilitate works to adjoining street and to provide temporary storage laydown areas, working space and access. Required to facilitate works to adjoining street and to provide temporary storage laydown areas, working space and access. Work No. 35
Norfolk County Council, Parish of Beighton 7/5a 7/5a Required to facilitate works to adjoining street and to provide temporary storage laydown areas, working space and access. Required to facilitate works to adjoining street and to provide temporary storage laydown areas, working space and access. Required to facilitate works to adjoining street and to provide temporary storage laydown areas, working space and access. Work No. 35
Land plans – Sheet No. 8 Land plans – Sheet No. 8 Land plans – Sheet No. 8 Land plans – Sheet No. 8 Land plans – Sheet No. 8 Land plans – Sheet No. 8 Land plans – Sheet No. 8
Norfolk County Council, Parish of Acle 8/5 8/5 Required to facilitate alteration of the A47 and to provide temporary storage, laydown areas, access and working space. Also required to facilitate diversion of utility apparatus. Required to facilitate alteration of the A47 and to provide temporary storage, laydown areas, access and working space. Also required to facilitate diversion of utility apparatus. Required to facilitate alteration of the A47 and to provide temporary storage, laydown areas, access and working space. Also required to facilitate diversion of utility apparatus. Work Nos. 1, 43

SCHEDULE 8 — REMOVAL OF HEDGEROWS

(1) Location of hedgerow (2) Relevant part of the authorised development (3) Important hedgerow
Shown as H1 on sheets 1 and 2 of the hedgerow plan: hedgerow south of Yarmouth Road, within Blofield Allotments, Blofield. Work Nos. 5, 6 and 12 No
Shown as H2 on sheets 1 and 2 of the hedgerow plan: hedgerow west of Waterlow, within Blofield Allotments, Blofield. Work No. 5, 6 and 12 No
Shown as H3 on sheet 2 of the hedgerow plan: hedgerow west of Waterlow, within Blofield Allotments, Blofield. Work No. 5, 6 and 12 No
Shown as H4 on sheet 2 of the hedgerow plan: hedgerow west of Waterlow, on the eastern boundary of Blofield Allotments, Blofield. Work No. 5, 6 and 12 Yes
Shown as H5 on sheet 2 of the hedgerow plan: hawthorn being the main species, parallel to and north of the A47 and south of High Noon Lane, Blofield. Work Nos. 1, 2, 9 and 12 No
Shown as H6 on sheet 2 of the hedgerow plan: species poor hedgerow parallel to and south of the A47 and north of Waterlow, Blofield. Work Nos. 1, 7 and 12 No
Shown as H7 on sheet 2 of the hedgerow plan: species poor hedgerow which is dominated by hybrid poplar south of the A47 and west of Waterlow, Blofield. Work Nos. 5, 6, 7, 10 and 12 Yes
Shown as H8 on sheet 2 of the hedgerow plan: species rich intact hedgerow comprising mainly hawthorn and blackthorn on the south side of the existing A47 and east of Waterlow, Blofield. Work No. 13 Yes
Shown as H9 on sheet 3 of the hedgerow plan: isolated species poor hedgerow surrounded by arable with a species poor margin including false oat and common couch grass, south of the A47 and west of Lingwood Road. Work No. 19 Yes
Shown as H10 on sheet 4 of the hedgerow plan: Species rich hedge with false oat and Yorkshire fog abundant margins including Lucerne and bird’s foot trefoil on the eastern side of this hedge, separating arable fields perpendicular to existing A47, south of the A47 and west of Lingwood Road. Work Nos. 1, 23 and 24 Yes
Shown as H11 on sheet 5 of the hedgerow plan: including a margin with common couch, perennial rye grass, false oat grass and several forbs, parallel to the existing A47 south of the existing A47 and west of Lingwood Lane. Work No. 23 Yes
Shown as H12 on sheet 5 of the hedgerow plan: species rich hedgerow located south of the A47 on the west side of Lingwood Lane. Work No. 1, 23, 25 and 27 Yes
Shown as H13 on sheet 5 of the hedgerow plan: species poor hedge as it includes less than five woody species, located south of the A47 on the eastern side of Lingwood Lane, bordering an area of arable to the east. Work Nos. 1, 25 and 27 Yes
Shown as H14 on sheet 6 of the hedgerow plan: species poor hedgerow with no standards located north of the A47 between Main Road and west of South Walsham Road, North Burlingham. Work Nos. 28 and 31 No

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[^f00103], 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[^f00104] 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; and in the case of a sewerage undertaker— any drain or works vested in the utility undertaker under the Water Industry Act 1991[^f00105]; and any 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)[^f00106] of that Act or an agreement to adopt made under section 104 (agreement to adopt sewers, drains or sewage disposal works, at future date)[^f00107] of that Act, and includes a sludge main, disposal main (within the meaning of section 219 (general interpretation)[^f00108] 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 (electricity supply) of the Electricity Act 1989; a gas transporter within the meaning of Part 1 (gas supply) 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 (preliminary) 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 or the power of the undertaker to carry out works under paragraph 9.
  • (2) Regardless of the temporary alteration, diversion or prohibition of the use of or restriction of the use of any highway under the powers conferred by article 16 (temporary alteration, diversion, prohibition and restriction of use of streets), a utility undertaker is at liberty at all times to take all necessary access across any such altered, diverted, prohibited or restricted 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 alteration, diversion or prohibition of use of or restriction of use 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 (5).
  • (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 49 (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 49 (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 49 (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 49 (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

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.

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 code rights” has the same meaning as in paragraph 3 of the electronic communications code;
  • “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 (networks, services and the radio spectrum) [^f00109] of the 2003 Act;
  • “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 36 (statutory undertakers) is subject to Part 10 (undertakers’ works affecting electronic communications apparatus) of the electronic communications code.

17
  • (1) Subject to sub-paragraphs (2) and (4), if as the result of the authorised development or its construction, or of any subsidence resulting from the authorised development—
  • (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 the authorised development), 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 reasonable 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 49 (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 damage, 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 in land belonging to the undertaker on the date on which this Order is made.

PART 3 — FOR THE PROTECTION OF ANGLIAN WATER

Application

18
  • (1) For the protection of Anglian Water, the following provisions have effect, unless otherwise agreed in writing between the undertaker and Anglian Water.
  • (2) Before commencement of any work set out in Schedule 1 to divert any apparatus the undertaker will provide Anglian Water with a schedule of apparatus which will be diverted as part of the authorised development setting out for each piece of apparatus whether those works are to be undertaken under this Schedule or under the 1991 Act and, where a diversion is to be carried out partly under this Schedule and partly under the 1991 Act, details of which part of the diversion is to be carried out under which power.
  • (3) The undertaker may from time to time provide to Anglian Water amendments to the schedule referred to in paragraph (2).
  • (4) No amendment may be submitted under paragraph (3) in respect of apparatus which is to be diverted as part of a work set out in Schedule 1, or which comprises such a work, after that work has commenced.

Interpretation

19

In this part of this Schedule –

  • “1991 Act” means the New Roads and Street Works Act 1991;
  • “alternative apparatus” means alternative apparatus adequate to enable Anglian Water to fulfil its statutory functions in a manner no less efficient than previously;
  • “Anglian Water” means Anglian Water Services Limited (company number 02366656), whose registered office is Lancaster House, Lancaster Way, Ermine Business Park, Huntingdon, Cambridgeshire, PE29 6YJ;
  • “apparatus” means— any works, mains, pipes or other apparatus belonging to or maintained by Anglian Water for the purposes of water supply and sewerage; any drain or works vested in Anglian Water under The Water Industry Act 1991; any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) (adoption of sewers and disposal works) of that Act or an agreement to adopt made under section 104 (agreements to adopt sewer, drain or sewage disposal works, at future date) of that Act; and includes a sludge main, disposal main 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,

and for the purpose of this definition, where words are defined by section 219 (general interpretation) of the Water Industry Act 1991 they shall be taken to have the same meaning.

  • “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.

On street apparatus

20

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

Apparatus in stopped up streets

21
  • (1) Where any street is stopped up under article 17 (permanent stopping up and restriction of use of streets and private means of access), where Anglian Water has apparatus in the street or accessed by virtue of that street, it 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 Anglian Water legal easements reasonably satisfactory to Anglian Water in respect of such apparatus and access to it, but nothing in this paragraph affects any right of the undertaker or of Anglian Water to require the removal of that apparatus under paragraph 24 or the power of the undertaker to carry out works under paragraph 26.
  • (2) Regardless of the temporary alteration, diversion or prohibition of the use of or restriction of the use of any highway under the powers conferred by article 16 (temporary alteration, diversion, prohibition and restriction of the use of streets), Anglian Water is at liberty at all times to take all necessary access across any such altered, diverted, prohibited or restricted 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 alteration, diversion or prohibition of use of or restriction of use was in that highway.

Protective works to buildings

22

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

23

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

24
  • (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 Anglian Water’s apparatus is relocated or diverted, that apparatus must not be removed under this Part of this Schedule, and any right of Anglian Water to maintain that apparatus in that land must not (without the prior written consent of Anglian Water) be extinguished, until—
  • (a) alternative apparatus has been constructed and is in operation to the reasonable satisfaction of Anglian Water in accordance with sub-paragraphs (2) to (8); and
  • (b) facilities and rights have been secured for that alternative apparatus in accordance with paragraph 25.
  • (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 Anglian Water 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 an undertaker reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to Anglian Water 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 Anglian Water 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 Anglian Water and the undertaker or in default of agreement settled by arbitration in accordance with article 49 (arbitration).
  • (5) Anglian Water must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 49 (arbitration), and after the grant to Anglian Water of any such facilities and rights as are referred to in sub-paragraphs (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.
  • (6) Regardless of anything in sub-paragraph (5), if Anglian Water gives notice in writing to the undertaker that it desires the undertaker to execute any work, or part of any work in connection with the construction or removal of apparatus in any land of the undertaker, or to the extent that Anglian Water fails to proceed with that work in accordance with sub-paragraph (5) or the undertaker and Anglian Water otherwise agree, that work, instead of being executed by Anglian Water, must be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of Anglian Water.
  • (7) Notice under sub-paragraph (6) that Anglian Water desires the undertaker to execute any work, or part of any work, must be given within 14 days of agreement under sub-paragraph (4) or, in default of agreement, within 14 days of the date of settlement by arbitration under sub-paragraph (4).
  • (8) If Anglian Water fails either reasonably to approve, or to provide reasons for its failure to approve along with an indication of what would be required to make acceptable, any proposed details relating to required removal works under sub-paragraph (2) within 28 days of receiving a notice of the required works from the undertaker, then such details are deemed to have been approved. For the avoidance of doubt, any such “deemed consent” does not extend to the actual undertaking of the removal works, which shall remain the sole responsibility of Anglian Water or its contractors.
  • (9) Whenever alternative apparatus is to be or is being substituted for existing apparatus, the undertaker shall, before taking or requiring any further step in such substitution works, use best endeavours to comply with Anglian Water’s reasonable requests for a reasonable period of time to enable Anglian Water to—
  • (a) make network contingency arrangements; or
  • (b) bring such matters as it may consider reasonably necessary to the attention of end users of the utility in question.

Facilities and rights for alternative apparatus

25
  • (1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to Anglian Water 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 Anglian Water or in default of agreement settled by arbitration in accordance with article 49 (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 Anglian Water 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 Anglian Water as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.
  • (3) Such facilities and rights as are set out in this paragraph are deemed to include any statutory permits granted to the undertaker in respect of the apparatus in question, whether under the Environmental Permitting Regulations 2010[^f00110] or other legislation.

Retained apparatus

26
  • (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 (or any means of access to it) the removal of which has not been required by the undertaker under paragraph 24(2), the undertaker must submit to Anglian Water 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 Anglian Water for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and Anglian Water is entitled to watch and inspect the execution of those works.
  • (3) Any requirements made by Anglian Water 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 Anglian Water, 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, sub-paragraphs (1) to (3) and (6) to (7) apply as if the removal of the apparatus had been required by the undertaker under paragraph 24(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 Anglian Water 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 and will keep the impact of those emergency works on Anglian Water’s apparatus, on the operation of its water and sewerage network and on end-users of the services Anglian Water provides to a minimum.
  • (7) For the purposes of sub-paragraph (1), works are deemed to be in land near Anglian Water’s apparatus (where it is a pipe) if those works fall within the following distances measured from the medial line of such apparatus:
  • (a) 2.25 metres where the diameter of the pipe is less than 150 millimetres;
  • (b) 3 metres where the diameter of the pipe is between 150 and 450 millimetres;
  • (c) 4.5 metres where the diameter of the pipe is between 451 and 750 millimetres; and
  • (d) 6 metres where the diameter of the pipe exceeds 750 millimetres.

Expenses and costs

27
  • (1) Subject to the following provisions of this paragraph, the undertaker must repay to Anglian Water all expenses reasonably incurred by Anglian Water 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 this Part of the Schedule.
  • (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 49 (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 Anglian Water 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 Anglian Water 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 Anglian Water 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.
28
  • (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 22 or 24(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 Anglian Water, or there is any interruption in any service provided, or in the supply of any goods, by Anglian Water, the undertaker must—
  • (a) bear and pay the cost reasonably incurred by Anglian Water in making good such damage or restoring the supply; and
  • (b) make reasonable compensation to Anglian Water 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 Anglian Water on behalf of the undertaker or in accordance with a plan approved by Anglian Water or in accordance with any requirement of Anglian Water or under its supervision does not, subject to sub-paragraph (3), excuse the undertaker from liability under the provisions of sub-paragraph (1) unless Anglian Water fails to carry out and execute the works properly with due care and attention and in a skilful and professional like manner or in a manner that does not accord with the approved plan.
  • (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 Anglian Water, its officers, servants, contractors or agents.
  • (4) Anglian Water 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 (such consent not to be unreasonably withheld or delayed) who, if withholding such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

Cooperation

29

Where in consequence of the proposed construction of any of the authorised development, the undertaker or Anglian Water requires the removal of apparatus under paragraph 24(2) or Anglian Water makes requirements for the protection or alteration of apparatus under paragraph 26, the undertaker must use all reasonable 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 Anglian Water’s undertaking and Anglian Water must use all reasonable endeavours to co-operate with the undertaker for that purpose.

30

Where the undertaker identifies any apparatus which may belong to or be maintainable by Anglian Water but which does not appear on any statutory map kept for the purpose by Anglian Water, it shall inform Anglian Water of the existence and location of the apparatus as soon as reasonably practicable.

31

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

32

Any time period in which an action must be taken in this part of the Schedule may be amended by written agreement between the undertaker and Anglian Water.

PART 4 — FOR THE PROTECTION OF CADENT AS GAS UNDERTAKER

Application

33

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

Interpretation

34

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 (company number 10080864), whose registered office is at Pilot Way, Ansty, Coventry, CV7 9JU, and includes its successors in title or any successor as a gas transporter within the meaning of Part 1 (introductory) of the Gas Act 1986;
  • “Cadent’s undertaking” means the rights, duties and obligations of Cadent Gas Limited as a public gas transporter within the meaning of Section 7 (licensing of public gas transporters)[^f00111] of the Gas Act 1986 (as amended by the Gas Act 1995);
  • “commence” has the same meaning as in article 2(1) of this Order and “commencement” shall be construed to have the same meaning save that for the purposes of this Part of this 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 undertaker and Cadent 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, requires 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;

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