The Hornsea Four Offshore Wind Farm Order 2023

(1) Public rights of way to be temporarily stopped up	(2) Extent of temporary stopping up
Unnamed Road	Between the reference points 1a and 1b and shaded Green on sheet 1 of the streets plan
Sands Road	Between the reference points 1c and 1d and shaded Brown on sheet 1 of the streets plan
Private Access	Between the reference points 2a, 2b and 2c and shaded Brown on sheets 1 and 2 of the streets plan
Bridlington Road	Between the reference points 3a and 3b and shaded Green on sheets 2 and 3 of the streets plan
Gransmoor Road	Between the reference points 4a and 4b and shaded Green on sheets 3 and 4 of the streets plan
Private Access	Between the reference points 5a and 5b and shaded Brown on sheet 4 of the streets plan
Private Access	Between the reference points 6a and 6b and shaded Brown on sheet 4 of the streets plan
Private Access	Between the reference points 7a and 7b and shaded Brown on sheet 4 of the streets plan
Private Access	Between the reference points 8a and 8b and shaded Brown on sheets 4 and 5 of the streets plan
Lissett Lane	Between the reference points 8c and 8d and shaded Green on sheets 4 and 5 of the streets plan
Private Access	Between the reference points 9a and 9b and shaded Brown on sheet 5 of the streets plan
Private Access	Between the reference points 10a and 10b and shaded Brown on sheet 6 of the streets plan
Gembling Lane	Between the reference points 11a and 11b and shaded Green on sheet 6 of the streets plan
Old Howe Lane	Between the reference points 12a and 12b and shaded Green on sheets 6 and 7 of the streets plan
Main Street	Between the reference points 13a and 13b and shaded Green on sheet 7 of the streets plan
Private Access	Between the reference points 14a and 14b and shaded Brown on sheet 7 of the streets plan
Private Access	Between the reference points 15a and 15b and shaded Brown on sheet 8 of the streets plan
Private Access	Between the reference points 16a and 16b and shaded Brown on sheet 8 of the streets plan
Cowslams Lane	Between the reference points 16c and 16d and shaded Green on sheet 8 of the streets plan
B1249	Between the reference points 17a and 17b and shaded Green on sheets 8 and 9 of the streets plan
B1249	Between the reference points 17c and 17d and shaded Green on sheets 8 and 9 of the streets plan
Private Access	Between the reference points 18a and 18b and shaded Brown on sheets 8 and 9 of the streets plan
B1249	Between the reference points 18c and 18d and shaded Green on sheets 8 and 9 of the streets plan
Private Access	Between the reference points 19a and 19b and shaded Brown on sheet 10 of the streets plan
Rotsea Lane	Between the reference points 20a and 20b and shaded Green on sheet 11 of the streets plan
Rotsea Lane	Between the reference points 20c and 20d and shaded Green on sheet 11 of the streets plan
Private Access	At reference point 20e and shaded Brown on sheet 11 of the streets plan
Private Access	Between the reference points 21a and 21b and shaded Brown on sheet 12 of the streets plan
Private Access	Between the reference points 22a and 22b and shaded Brown on sheet 12 of the streets plan
Carr Lane	Between the reference points 23a and 23b and shaded Green on sheet 13 of the streets plan
Carr Lane	Between the reference points 24a and 24b and shaded Green on sheet 14 of the streets plan
Wilfholme Road	Between the reference points 25a and 25b and shaded Green on sheet 14 of the streets plan
Beswick Road	Between the reference points 26a and 26b and shaded Green on sheet 15 of the streets plan
Station Road	Between the reference points 27a and 27b and shaded Green on sheet 16b of the streets plan
A164	Between the reference points 28a and 28b and shaded Green on sheet 16b of the streets plan
Station Road	Between the reference points 29a and 29b and shaded Green on sheet 16 of the streets plan
A164	Between the reference points 30a and 30b and shaded Green on sheet 17 of the streets plan
Private Access	Between the reference points 31a and 31b and shaded Brown on sheet 17 of the streets plan
Private Access	Between the reference points 32a and 32b and shaded Brown on sheet 17 of the streets plan
Private Access	Between the reference points 33a and 33b and shaded Brown on sheet 18 of the streets plan
Private Access	Between the reference points 34a and 34b and shaded Brown on sheet 18 of the streets plan
Old Road	Between the reference points 34c and 34d and shaded Green on sheet 18 of the streets plan
Miles Lane	Between the reference points 35a and 35b and shaded Green on sheet 19 of the streets plan
Miles Lane	Between the reference points 35c and 35d and shaded Green on sheet 19 of the streets plan
Miles Lane	Between the reference points 36a and 36b and shaded Green on sheet 19 of the streets plan
Rose Lane	Between the reference points 37a and 37b and shaded Green on sheets 19 and 20 of the streets plan
Private Access	Between the reference points 38a and 38b and shaded Brown on sheet 20 of the streets plan
A1035	Between the reference points 39a and 39b and shaded Green on sheet 21 of the streets plan
Dogkennel Lane	Between the reference points 40a and 40b and shaded Green on sheet 21 of the streets plan
York Road	Between the reference points 41a and 41b and shaded Green on sheet 22 of the streets plan
York Road	Between the reference points 41c and 41d and shaded Green on sheet 22 of the streets plan
A1079	Between the reference points 42a and 42b and shaded Green on sheets 22 and 23 of the streets plan
Newbald Road	Between the reference points 43a and 43b and shaded Green on sheet 23 of the streets plan
Newbald Road	Between the reference points 43c and 43d and shaded Green on sheet 23 of the streets plan
Private Access	Between the reference points 44a and 44b and shaded Brown on sheet 23 of the streets plan
B1230	Between the reference points 45a and 45b and shaded Green on sheets 23 and 24 of the streets plan
Private Access	Between the reference points 46a and 46b and shaded Brown on sheet 24 of the streets plan
Coppleflat Lane	Between the reference points 47a and 47b and shaded Green on sheet 25 of the streets plan
Coppleflat Lane	Between the reference points 48a and 48b and shaded Green on sheet 25 of the streets plan
Coppleflat Lane	Between the reference points 49a and 49b and shaded Green on sheets 25 and 26 of the streets plan
Coppleflat Lane	Between the reference points 50a and 50b and shaded Green on sheets 25 and 26 of the streets plan
A164	Between the reference points 51a and 51b and shaded Green on sheets 25 and 26 of the streets plan
A164	Between the reference points 51c and 51d and shaded Green on sheets 25 and 26 of the streets plan
Private Access	Between the reference points 52a and 52b and shaded Brown on sheet 26 of the streets plan
Private Access	Between the reference points 53a and 53b and shaded Brown on sheet 28 of the streets plan
Private Access	Between the reference points 54a and 54b and shaded Brown on sheet 28 of the streets plan
A1079	Between the reference points 55a and 55b and shaded Green on sheet 27 of the streets plan

SCHEDULE 4 — PUBLIC RIGHTS OF WAY TO BE CLOSED OR DIVERTED AND ACCESS LAND

PART 1 — PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED

(1) Public right of way to be temporarily stopped up	(2) Extent of temporary stopping up
Barmston Footpath No. 4	Between points 1a and 1b as shown dashed on sheet 1 of the public rights of way plan
Barmston Footpath No. 3	Between points 2a and 2b as shown dashed on sheets 1 and 2 of the public rights of way plan
Barmston Footpath No. 2	Between points 3a and 3b as shown dashed on sheet 2 of the public rights of way plan
Foston on the Wolds Footpath No. 10	Between points 4a and 4b as shown dashed on sheet 6 of the public rights of way plan
Foston on the Wolds Footpath No. 12	Between points 5a and 5b as shown dashed on sheet 7 of the public rights of way plan
Foston on the Wolds Footpath No. 12	Between points 6a and 6b as shown dashed on sheet 8 of the public rights of way plan
Foston on the Wolds Bridleway No. 6	Between points 7a and 7b as shown dashed on sheet 10 of the public rights of way plan
Hutton Cranswick Footpath No. 10	Between points 8a and 8b as shown dashed on sheets 11 and 12 of the public rights of way plan
Watton Footpath No. 18	Between points 9a and 9b as shown dashed on sheet 12 of the public rights of way plan
Watton Bridleway No. 13	Between points 10a and 10b as shown dashed on sheet 13 of the public rights of way plan
Beswick Bridleway No. 23	Between points 11a and 11b as shown dashed on sheet 15 of the public rights of way plan
Lockington Footpath No. 8	Between points 12a and 12b as shown dashed on sheet 16a and 16b respectively of the public rights of way plan
Leconfield Footpath No. 1	Between points 13a and 13b as shown dashed on sheet 17 of the public rights of way plan
Leconfield Bridleway No. 2	Between points 14a and 14b as shown dashed on sheet 17 of the public rights of way plan
Leconfield Footpath No. 7	Between points 15a and 15b as shown dashed on sheets 17 and 18 of the public rights of way plan
Leconfield Footpath No. 7	Between points 15c and 15d as shown dashed on sheet 18 of the public rights of way plan
Leconfield Bridleway No. 9	Between points 16a and 16b as shown dashed on sheet 18 of the public rights of way plan
Leconfield Footpath No. 10	Between points 17a and 17b as shown dashed on sheet 18 of the public rights of way plan
Leconfield Footpath No. 10	Between points 17c and 17d as shown dashed on sheet 18 of the public rights of way plan
Leconfield Footpath No. 11	Between points 18a and 18b as shown dashed on sheet 18 of the public rights of way plan
Leconfield Bridleway No. 6	Between points 19a and 19b as shown dashed on sheet 18 of the public rights of way plan
Leconfield Bridleway No. 12	Between points 20a and 20b as shown dashed on sheet 18 of the public rights of way plan
Cherry Burton Footpath No. 2	Between points 21a and 21b as shown dashed on sheet 20 of the public rights of way plan
Cherry Burton Footpath No. 3	Between points 22a and 22b as shown dashed on sheet 20 of the public rights of way plan
Walkington Footpath No. 9 (Moor Lane)	Between points 23a and 23b as shown dashed on sheet 24 of the public rights of way plan
Rowley Footpath No.12	Between points 24a and 24b as shown dashed on sheets 25 and 26 of the public rights of way plan
Rowley Footpath No.12	Between points 24c and 24d as shown dashed on sheets 26 and 27 of the public rights of way plan
Skidby Footpath No. 16	Between points 25a and 25b as shown dashed on sheet 26 and 28 of the public rights of way plan
Skidby Footpath No. 16	Between points 25c and 25d as shown dashed on sheet 28 of the public rights of way plan
Skidby Footpath No. 17	Between points 26a and 26b as shown dashed on sheet 28 of the public rights of way plan
Rowley Bridleway No. 13	Between points 27a and 27b as shown dashed on sheet 27 of the public rights of way plan

PART 2 — PUBLIC RIGHTS OF WAY TO BE PERMANENTLY DIVERTED

(1) Public right of way to be diverted	(2) Extent of diversion	(2) Extent of substitute right of way
Skidby Footpath No. 16	Within area 1 shaded orange on sheet 28 of the public rights of way plan	602 m
Rowley Bridleway No. 13	Between points 27a and 27b dashed blue on sheet 27 of the public rights of way plan	358 m

PART 3 — PUBLIC RIGHTS OF WAY TO BE TEMPORARILY DIVERTED

(1) Public right of way to be diverted	(2) Extent of temporary diversion	(3) Extent of substitute right of way
Barmston Footpath No. 4	Between points 1a and 1b as shown dashed on sheet 1 of the public rights of way plan	244 m

PART 4 — ACCESS LAND WHERE PUBLIC RIGHTS OF WAY MAY BE TEMPORARILY SUSPENDED

(1) Access Land subject to temporary prohibition or restriction of use	(2) Extent of temporary prohibition or restriction of use of access land
England Coastal Path	Temporarily suspend access to the area shaded green on the public rights of way plan

SCHEDULE 5 — ACCESS TO WORKS

(1) Location of access	(2) Description of access
Sands Road	Referenced OA_001 and hatched pink on sheet 1 of the access to works plan
Sands Road	Referenced AP_002 and shaded blue on sheet 1 of the access to works plan
Bridlington Road	Referenced AP_003 and shaded blue on sheets 2 and 3 of the access to works plan
Bridlington Road	Referenced AP_040 and shaded blue on sheets 2 and 3 of the access to works plan
Bridlington Road	Referenced OA_002 and shaded pink on sheet 3 of the access to works plan
Fisher Lane	Referenced OA_003 and shaded pink on sheet 4 of the access to works plan
Lissett Lane	Referenced AP_004 and shaded blue on sheets 4 and 5 of the access to works plan
Lissett Lane	Referenced OA_004 and hatched pink on sheets 4 and 5 of the access to works plan
Bridlington Road	Referenced OA_005 and shaded pink on sheet 5 of the access to works plan
Gembling Lane	Referenced OA_027 and shaded pink on sheet 6 of the access to works plan
Gembling Lane	Referenced OA_028 and shaded pink on sheet 6 of the access to works plan
Old Howe Lane	Referenced AP_005 and shaded blue on sheets 6 and 7 of the access to works plan
Old Howe Lane	Referenced AP_039 and shaded blue on sheets 6 and 7 of the access to works plan
Main Street	Referenced OA_029 and shaded pink on sheet 7 of the access to works plan
Cowslams Lane	Referenced AP_006 and shaded blue on sheet 8 of the access to works plan
Cowslams Lane	Referenced OA_006 and hatched pink on sheet 8 of the access to works plan
B1249	Referenced OA_007 and shaded pink on sheets 8 and 9 of the access to works plan
B1249	Referenced AP_007 and shaded blue on sheets 8 and 9 of the access to works plan
B1249	Referenced AP_008 and shaded blue on sheets 8 and 9 of the access to works plan
B1249	Referenced OA_008 and hatched pink on sheets 8 and 9 of the access to works plan
Private Access	Referenced AP_009 and shaded blue on sheet 10 of the access to works plan
Private Access	Referenced OA_009 and hatched pink on sheet 10 of the access to works plan
Rotsea Lane	Referenced AP_010 and shaded blue on sheet 11 of the access to works plan
Rotsea Lane	Referenced AP_038 and shaded blue on sheet 11 of the access to works plan
Rotsea Lane	Referenced OA_010 and hatched pink on sheet 11 of the access to works plan
Rotsea Lane	Referenced OA_031 and shaded pink on sheet 11 of the access to works plan
Carr Lane	Referenced OA_011 and shaded pink on sheet 13 of the access to works plan
Carr Lane	Referenced OA_034 and shaded pink on sheet 13 of the access to works plan
Carr Lane	Referenced AP_011 and AP_037 and shaded blue on sheet 14 of the access to works plan
Wilfholme Road	Referenced OA_012 and shaded pink on sheet 14 of the access to works plan
Wilfholme Road	Referenced OA_013 and shaded pink on sheet 14 of the access to works plan
Wilfholme Road	Referenced AP_012 and AP_036 and shaded blue on sheet 14 of the access to works plan
Beswick Road	Referenced AP_013 and AP_035 and shaded blue on sheet 15 of the access to works plan
Station Road	Referenced OA_015 and shaded pink on sheet 16 of the access to works plan
Station Road	Referenced AP_014 and AP_034 and shaded blue on sheet 16 of the access to works plan
Station Road	Referenced OA_014 and hatched pink on sheet 16 of the access to works plan
Station Road	Referenced AP_015 and shaded blue on sheet 16 of the access to works plan
A164	Referenced AP_016 and shaded blue on sheet 17 of the access to works plan
A164	Referenced OA_017 and hatched pink on sheet 17 of the access to works plan
Old Road	Referenced AP_017 and shaded blue on sheet 18 of the access to works plan
Miles Lane	Referenced OA_018 and shaded pink on sheet 19 of the access to works plan
Miles Lane	Referenced AP_018 and shaded blue on sheet 19 of the access to works plan
Roase Lane	Referenced OA_019 and shaded pink on sheets 19 and 20 of the access to works plan
A1035	Referenced AP_020 and AP_032 and shaded blue on sheet 21 of the access to works plan
Dogkennel Lane	Referenced AP_021 and shaded blue on sheet 21 of the access to works plan
Dogkennel Lane	Referenced OA_020 and hatched pink on sheet 21 of the access to works plan
York Road	Referenced AP_022 and shaded blue on sheet 22 of the access to works plan
York Road	Referenced OA_021 and hatched pink on sheet 22 of the access to works plan
Killingwoldgraves Lane	Referenced OA_022 and shaded pink on sheets 22 and 23 of the access to works plan
Newbald Road	Referenced AP_023 and AP_024 and shaded blue on sheet 23 of the access to works plan
Newbald Road	Referenced OA_040 and hatched pink on sheet 23 of the access to works plan
Coppleflat Lane	Referenced OA_023 and hatched pink on sheet 25 of the access to works plan
Coppleflat Lane	Referenced AP_027 and shaded blue on sheet 25 of the access to works plan
Coppleflat Lane	Referenced OA_024 and shaded pink on sheets 25 and 26 of the access to works plan
Coppleflat Lane	Referenced AP_030 and shaded blue on sheets 25 and 26 of the access to works plan
Coppleflat Lane	Referenced OA_025 and hatched pink on sheets 25 and 26 of the access to works plan
Coppleflat Lane	Referenced AP_028 and shaded blue on sheets 25 and 26 of the access to works plan
A164	Referenced AP_026 and shaded blue on sheet 26 of the access to works plan
A1079	Referenced OA_043 and hatched pink on sheet 27 of the access to works plan
A1079	Referenced AP_025 and hatched blue on sheet 27 of the access to works plan

SCHEDULE 6 — LAND IN WHICH ONLY NEW RIGHTS ETC., MAY BE ACQUIRED

(1)Number of land shown on land plans	(2)Purpose for which rights may be acquired and restrictions imposed
122A33A44A10111213181920212728293031323336373839404151525354585960616263646566686970717273747576777886878893949596106107108109110111126127128129130139140141142143144145146147148149150153155156157158159160161166167168169170171172173174175176177178179180181182183184188189190191194195196199200201211212213214215216223227228233234235238239240241242243244245252253254262263264265266272273274275276277278279280281282285292293294298299300307308309310315316317318335336337338339340341342343344345346347348349350351352353354355356	Rights to install, retain, use, maintain, inspect, alter, remove, refurbish, reconstruct, replace, protect and improve underground electricity cables, jointing bays, ducting, telecommunications and other ancillary apparatus (including but not limited to access chambers, manholes and marker posts) and any other works as necessary together with the right to fell, trim or lop trees and bushes which may obstruct or interfere with the said cables, telecommunications and other ancillary apparatus
122A33A44A10111213181920212728293031323336373839404151525354585960616263646566686970717273747576777886878893949596106107108109110111126127128129130139140141142143144145146147148149150153155156157158159160161166167168169170171172173174175176177178179180181182183184188189190191194195196199200201211212213214215216223227228233234235238239240241242243244245252253254262263264265266272273274275276277278279280281282285292293294298299300307308309310315316317318335336337338339340341342343344345346347348349350351352353354355356	Rights to pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface) for all purposes in connection with the construction, use, maintenance and decommissioning of the authorised development
122A33A44A10111213181920212728293031323336373839404151525354585960616263646566686970717273747576777886878893949596106107108109110111126127128129130139140141142143144145146147148149150153155156157158159160161166167168169170171172173174175176177178179180181182183184188189190191194195196199200201211212213214215216223227228233234235238239240241242243244245252253254262263264265266272273274275276277278279280281282285292293294298299300307308309310315316317318335336337338339340341342343344345346347348349350351352353354355356	Rights to continuous vertical and lateral support for the authorised development
122A33A44A10111213181920212728293031323336373839404151525354585960616263646566686970717273747576777886878893949596106107108109110111126127128129130139140141142143144145146147148149150153155156157158159160161166167168169170171172173174175176177178179180181182183184188189190191194195196199200201211212213214215216223227228233234235238239240241242243244245252253254262263264265266272273274275276277278279280281282285292293294298299300307308309310315316317318335336337338339340341342343344345346347348349350351352353354355356	Rights to install, retain, use, maintain, inspect, alter, remove, refurbish, reconstruct, replace, protect and improve sewers, drains, pipes, ducts, mains, conduits, services, flues and to drain into and manage waterflows in any drains, watercourses and culverts
122A33A44A10111213181920212728293031323336373839404151525354585960616263646566686970717273747576777886878893949596106107108109110111126127128129130139140141142143144145146147148149150153155156157158159160161166167168169170171172173174175176177178179180181182183184188189190191194195196199200201211212213214215216223227228233234235238239240241242243244245252253254262263264265266272273274275276277278279280281282285292293294298299300307308309310315316317318335336337338339340341342343344345346347348349350351352353354355356	Rights to install, execute, implement, retain, repair, improve, renew, remove, relocate and plant trees, woodlands, shrubs, hedgerows, seeding, landscaping and other ecological measures together with the right to maintain, inspect and replant such trees, shrubs, hedgerows, landscaping and other ecological measures, the right to pass and repass on foot, with or without vehicles, plant and machinery for all purposes in connection with the implementation and maintenance of landscaping and ecological mitigation or enhancement works
122A33A44A10111213181920212728293031323336373839404151525354585960616263646566686970717273747576777886878893949596106107108109110111126127128129130139140141142143144145146147148149150153155156157158159160161166167168169170171172173174175176177178179180181182183184188189190191194195196199200201211212213214215216223227228233234235238239240241242243244245252253254262263264265266272273274275276277278279280281282285292293294298299300307308309310315316317318335336337338339340341342343344345346347348349350351352353354355356	Rights to install, retain, use, maintain, inspect, alter, remove, refurbish, reconstruct, replace, protect and improve security fencing, gates, boundary treatment, public rights of way and any other ancillary apparatus and any other works as necessary
122A33A44A10111213181920212728293031323336373839404151525354585960616263646566686970717273747576777886878893949596106107108109110111126127128129130139140141142143144145146147148149150153155156157158159160161166167168169170171172173174175176177178179180181182183184188189190191194195196199200201211212213214215216223227228233234235238239240241242243244245252253254262263264265266272273274275276277278279280281282285292293294298299300307308309310315316317318335336337338339340341342343344345346347348349350351352353354355356	Restrictions on erecting buildings or structures, altering ground levels, planting trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt, or interfere with the exercise of the rights or damage the authorised development
122A33A44A10111213181920212728293031323336373839404151525354585960616263646566686970717273747576777886878893949596106107108109110111126127128129130139140141142143144145146147148149150153155156157158159160161166167168169170171172173174175176177178179180181182183184188189190191194195196199200201211212213214215216223227228233234235238239240241242243244245252253254262263264265266272273274275276277278279280281282285292293294298299300307308309310315316317318335336337338339340341342343344345346347348349350351352353354355356
122A33A44A	Rights to ground and lay anchor for vessels within the Order land
308309310315316317318323330332333335336337338339340341342343344345346347348349350351352353354355356
308309310315316317318323330332333335336337338339340341342343344345346347348349350351352353354355356	Rights to install, retain, use, maintain, inspect, alter, remove, refurbish, reconstruct, replace, protect and improve pipes, ducts, mains, wires, cables, conduits, flues, fibre optic cables and other conducting media of whatsoever nature
308309310315316317318323330332333335336337338339340341342343344345346347348349350351352353354355356	Restrictions on erecting buildings or structures, altering ground levels, planting trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt, or interfere with the exercise of the rights or damage the authorised development
1417252635454647565780849299100104113114117123134135151163165186187192203206209230237250255258268269290296305	Rights to use, maintain and improve a permanent means of access including visibility splays and bridges
1417252635454647565780849299100104113114117123134135151163165186187192203206209230237250255258268269290296305	Rights to install, retain, use, maintain, inspect, alter, remove, refurbish, reconstruct, replace, protect and improve security fencing, gates, boundary treatment, public rights of way and any other ancillary apparatus and any other works as necessary
1417252635454647565780849299100104113114117123134135151163165186187192203206209230237250255258268269290296305	Rights to pass and repass on foot, with or without vehicles, plant and machinery for all purposes in connection with the construction, use, maintenance and decommissioning of the authorised development
1417252635454647565780849299100104113114117123134135151163165186187192203206209230237250255258268269290296305	Rights to install, execute, implement, retain, repair, improve, renew, remove, relocate and plant trees, woodlands, shrubs, hedgerows, seeding, landscaping and other ecological measures together with the right to maintain, inspect and replant such trees, shrubs, hedgerows, landscaping and other ecological measures, the right to pass and repass on foot, with or without vehicles, plant and machinery for all purposes in connection with the implementation and maintenance of landscaping and ecological mitigation or enhancement works
1417252635454647565780849299100104113114117123134135151163165186187192203206209230237250255258268269290296305	Restrictions on erecting buildings or structures, altering ground levels, planting trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt, or interfere with the exercise of the rights
232534559198138152162164185193203206229236247255267287295302	Rights to pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface) for all purposes in connection with the construction, use, maintenance and decommissioning of the authorised development
232534559198138152162164185193203206229236247255267287295302	Rights to install, retain, use, maintain, inspect, alter, remove, refurbish, reconstruct, replace, protect and improve security fencing, gates, boundary treatment, public rights of way and any other ancillary apparatus and any other works as necessary
232534559198138152162164185193203206229236247255267287295302	Rights to install, execute, implement, retain, repair, improve, renew, remove, relocate and plant trees, woodlands, shrubs, hedgerows, seeding, landscaping and other ecological measures together with the right to maintain, inspect and replant such trees, shrubs, hedgerows, landscaping and other ecological measures, the right to pass and repass on foot, with or without vehicles, plant and machinery for all purposes in connection with the implementation and maintenance of landscaping and ecological mitigation or enhancement works
232534559198138152162164185193203206229236247255267287295302	Restrictions on erecting buildings or structures, altering ground levels, planting trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt, or interfere with the exercise of the rights
232534559198138152162164185193203206229236247255267287295302
323330332333	Rights to construct, use, maintain and improve a permanent means of access including visibility splays
323330332333	Rights to pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface) for all purposes in connection with the construction, use, maintenance and decommissioning of the authorised development
323330332333	Rights to install, retain, use, maintain, inspect, alter, remove, refurbish, reconstruct, replace, protect and improve pipes, ducts, mains, wires, cables, conduits, flues, fibre optic cables and other conducting media of whatsoever nature
323330332333	Rights to install, retain, use, maintain, inspect, alter, remove, refurbish, reconstruct, replace, protect and improve security infrastructure including cameras, perimeter fencing, fencing, gates and any other security measures or ancillary apparatus required in order to ensure an appropriate level of security in respect of the authorised development
323330332333	Rights to install, execute, implement, retain, repair, improve, renew, remove, relocate and plant trees, woodlands, shrubs, hedgerows, seeding, landscaping and other ecological measures together with the right to maintain, inspect and replant such trees, shrubs, hedgerows, landscaping and other ecological measures, the right to pass and repass on foot, with or without vehicles, plant and machinery for all purposes in connection with the implementation and maintenance of landscaping and ecological mitigation or enhancement works
323330332333	Rights to install, retain, use, maintain, inspect, alter, remove, refurbish, reconstruct, replace, protect and improve any boundary treatment, public rights of way and any other ancillary apparatus and any other works as necessary
323330332333	Restrictions on erecting buildings or structures, altering ground levels, planting trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt, or interfere with the exercise of the rights
340341342343344345346347348349350351352353354355356	Rights to install, retain, use, maintain, inspect, alter, remove, refurbish, reconstruct, replace, protect and improve electricity poles, overhead electricity lines, underground electricity cables, telecommunications and all equipment and other ancillary apparatus (including but not limited to the use of scaffolding) and any other works as necessary together with the right to fell, trim or lop trees and bushes which may obstruct or interfere with the said poles, lines, telecommunications and other equipment and ancillary apparatus
340341342343344345346347348349350351352353354355356	Restrictions on erecting buildings or structures, altering ground levels, planting trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt, or interfere with the exercise of the rights or damage the authorised development

SCHEDULE 7 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

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 as respects compensation on the compulsory purchase of land and interests in land.

2

• (1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973[^f00049] 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—

• (a) for the words “land is acquired or taken from” there is substituted the words “a right or restrictive covenant over land is purchased from or imposed on”; and

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

3

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

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

(5A) If— (a) the acquiring authority enters on land for the purpose of exercising a right in pursuance of a notice of entry under section 11(1) (powers of entry) of the 1965 Act (as modified by paragraph 7 of Schedule 7 to the Hornsea Four Offshore Wind Farm Order 2023; and (b) the acquiring authority is subsequently required by a determination under paragraph 12 of Schedule 2A (counter–notice requiring purchase of land not in notice to treat) to the 1965 Act (as substituted by paragraph 10 of Schedule 7 to the Hornsea Four Wind Farm Order 2023 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 where it entered on that land for the purpose of exercising that right.

Application of Part 1 of the 1965 Act

4

• (1) The 1965 Act is to have effect with the modifications necessary to make it apply to the compulsory acquisition under this Order of a right by the creation of a new right, or to the imposition under this Order of a restrictive covenant, as it applies to the compulsory acquisition under this Order of land, so that, in appropriate contexts, references in that Act to land are 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 restriction imposed or to be imposed; or

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

• (2) Without limitation on the scope of sub-paragraph (1), Part 1 of the 1965 Act applies in relation to the compulsory acquisition under this Order of a right by the creation of a new right or, in relation to the imposition of a restriction, with the modifications specified in the following provisions of this Schedule.

5

For section 7 (measure of compensation in the case of severance) of the 1965 Act there is substituted the following section—

(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.

6

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) (refusal to convey, failure to make title, etc);

• (b) paragraph 10(3) of Schedule 1 (persons without power to sell their interests) (conveyance of the land or interest);

• (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 so modified 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.

7

Section 11 (powers of entry) of the 1965 Act is so modified 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 compulsory acquisition under article 21 (compulsory acquisition of rights etc.), 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 (which is deemed for this purpose to have been created on the date of service of the notice); and sections 11A (powers of entry: further notices of entry), 11B (counter-notice requiring possession to be taken on specified date), 12 (unauthorised entry) and 13 (refusal to give possession to acquiring authority) of the 1965 Act is modified correspondingly.

8

Section 20 (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.

9

Section 22 (interest omitted from purchase) of the 1965 Act as modified by article 26(3) is so modified 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 or enforce the restrictive covenant imposed, subject to compliance with that section as respects compensation.

10

For Schedule 2A to the 1965 Act substitute—

SCHEDULE 2A (1) (1) This Schedule applies where an acquiring authority serves a notice to treat in respect of a right over, or restrictive covenant affecting, the whole or part of a house, building or factory and have not executed a general vesting declaration under section 4 (execution of declaration) of the 1981 Act as applied by article 23 (application of the 1981 Act) of the Hornsea Four Offshore Wind Farm Order 2023 in respect of the land to which the notice to treat relates. (2) But see article 25(3) (acquisition of subsoil only) of the Hornsea Four Offshore Wind Farm Order 2023 which excludes the acquisition of subsoil 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 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 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 authority decide to refer the counter-notice to the Upper Tribunal they must do so within the decision period. (8) If the authority do not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period. (9) If the authority serve 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 authority ought to be required to take. (13) If the Upper Tribunal determines that the 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 authority ought to be required to take some or all of the house, building or factory, the 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 withdraw the notice to treat under this paragraph they 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 8 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

(1) Area	(2) Number of land shown on land plans	(3) Purpose for which temporary possession may be taken
East Riding of Yorkshire	5	Temporary use for access to facilitate construction for Work Nos. 5 and 6
East Riding of Yorkshire	6	Temporary use for access to facilitate construction for Work Nos. 5 and 6
East Riding of Yorkshire	6A	Temporary use for access to facilitate construction for Work Nos. 5 and 6
East Riding of Yorkshire	7	Temporary use for access to facilitate construction for Work Nos. 5 and 6
East Riding of Yorkshire	8	Temporary use for access to facilitate construction for Work Nos. 5 and 6
East Riding of Yorkshire	9	Temporary use for access to facilitate construction for Work Nos. 5 and 6
East Riding of Yorkshire	15	Temporary use for access to facilitate construction for Work Nos. 5 and 6
East Riding of Yorkshire	16	Temporary use for access to facilitate construction for Work Nos. 5 and 6
East Riding of Yorkshire	22	Temporary use (including for access and logistics compound) to facilitate construction for Work No. 6
East Riding of Yorkshire	24	Temporary use (including for access and logistics compound) to facilitate construction for Work No. 6
East Riding of Yorkshire	42	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	43	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	44	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	48	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	49	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	50	Temporary use (including for access and logistics compound) to facilitate construction for Work No. 6
East Riding of Yorkshire	67	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	79	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	81	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	82	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	83	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	85	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	89	Temporary use (including for access and logistics compound) to facilitate construction for Work No. 6
East Riding of Yorkshire	90	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	97	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	101	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	102	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	103	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	105	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	112	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	115	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	116	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	118	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	119	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	120	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	121	Temporary use (including access and bridge inspection, monitoring, maintenance and improvements) to facilitate construction for Work No. 6
East Riding of Yorkshire	122	Temporary use (including access and bridge inspection, monitoring, maintenance and improvements) to facilitate construction for Work No. 6
East Riding of Yorkshire	124	Temporary use (including access and bridge inspection, monitoring, maintenance and improvements) to facilitate construction for Work No. 6
East Riding of Yorkshire	125	Temporary use (including access and bridge inspection, monitoring, maintenance and improvements) to facilitate construction for Work No. 6
East Riding of Yorkshire	131	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	132	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	133	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	136	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	137	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	154	Temporary use (including for logistics compound) to facilitate construction for Work No. 6
East Riding of Yorkshire	197	Temporary use (including for access and logistics compound) to facilitate construction for Work No. 6
East Riding of Yorkshire	198	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	202	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	204	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	205	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	207	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	208	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	210	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	217	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	218	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	219	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	220	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	221	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	222	Temporary use (including for access and logistics compound) to facilitate construction for Work No. 6
East Riding of Yorkshire	224	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	225	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	226	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	231	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	232	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	246	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	248	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	249	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	251	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	256	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	257	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	259	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	260	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	261	Temporary use (including for logistics compound) to facilitate construction for Work No. 6
East Riding of Yorkshire	270	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	271	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	286	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	288	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	289	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	291	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	297	Temporary use (including for logistics compound) to facilitate construction for Work No. 6
East Riding of Yorkshire	301	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	303	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	304	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	306	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	311	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	312	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	313	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	314	Temporary use for access to facilitate construction for Work No. 6
East Riding of Yorkshire	319	Temporary use (including for access and logistics compound) to facilitate construction for Work Nos. 6, 7, 8 and 10
East Riding of Yorkshire	321	Temporary use for access to facilitate construction for Work Nos. 6, 7, 8 and 10
East Riding of Yorkshire	324	Temporary use for access to facilitate construction for Work Nos. 6, 7, 8 and 10
East Riding of Yorkshire	325	Temporary use for access to facilitate construction for Work Nos. 6, 7, 8 and 10

SCHEDULE 9 — PROTECTIVE PROVISIONS

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

Application

1

For the protection of the affected undertakers referred to in this Part of this Schedule (save for National Grid which is protected by Part 3A and 3B of this Schedule, Doggerbank Offshore Wind Farm Project 1 Projco Limited and Doggerbank Offshore Wind Farm Project 2 Projco Limited which is protected by Part 7 of this Schedule and Northern Powergrid which is protected by Part 9 of this Schedule) the following provisions must, unless otherwise agreed in writing between the undertaker and the affected undertaking concerned, have effect.

2

In this Part of this Schedule—

• “affected undertaker” means—any licence holder within the meaning of Part 1 (electricity supply) of the 1989 Act;a gas transporter within the meaning of Part 1 (gas supply) of the Gas Act 1986[^f00050];a water undertaker within the meaning of the Water Industry Act 1991[^f00051];a sewerage undertaker within the meaning of Part 1 (preliminary) of the Water Industry Act 1991,for the area of the authorised development but, for the avoidance of doubt, does not include the undertakers specified in Part 3A or 3B, Part 7 or Part 9 of this Schedule, and in relation to any apparatus, means the undertaker to whom it belongs or by whom it is maintained;

• “alternative apparatus” means alternative apparatus adequate to enable the affected undertaker in question to fulfil its statutory functions in a manner no less efficient than previously;

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

• “functions” includes powers and duties; and

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

Precedence of the 1991 Act in respect of apparatus in the streets

3

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

No acquisition etc. except by agreement

4

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

5

• (1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed, that apparatus must not be removed under this Part of this Schedule and any right of an affected undertaker to maintain that apparatus in that land must not be extinguished until alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the affected undertaker in question.

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

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

• (4) Any alternative apparatus to be constructed in land of the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between the affected undertaker in question and the undertaker or in default of agreement settled by arbitration in accordance with article 39 (arbitration).

• (5) The affected undertaker in question must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 39 (arbitration) and after the grant to the affected undertaker of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.

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

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

Facilities and rights for alternative apparatus

6

• (1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to an affected undertaker facilities and rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and the affected undertaker in question or in default of agreement settled by arbitration in accordance with article 39 (arbitration).

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

Retained apparatus

7

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

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

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

• (4) If an affected undertaker in accordance with sub-paragraph (2) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 1 to 6 apply as if the removal of the apparatus had been required by the undertaker under paragraph 5 .

• (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, section and description instead of the plan, section and description previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan, section and description.

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

8

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

• (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,

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 39 (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 affected 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 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 an affected undertaker in respect of works by virtue of sub-paragraph (1) must, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the affected undertaker any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

Expenses and costs

9

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

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

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

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

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

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

10

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

PART 2 — PROTECTION FOR OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

1

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

2

In this Part of this Schedule—

• “conduit system” has the same meaning as in the electronic communications code and references to providing a conduit system is construed in accordance with paragraph 1(3A) of that 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 of Part 2 of the 2003 Act;

• “electronic communications code network” means—so much of an electronic communications network or conduit system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 (application of the electronic communications code) of the 2003 Act; andan electronic communications network which the Secretary of State 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; and

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

3

The exercise of the powers of article 30 (statutory undertakers) are subject to Part 10 of Schedule 3A (the electronic communications code) to the 2003 Act.

4

• (1) Subject to sub-paragraphs (2) to (4), if as the result of the authorised development or their 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 must—

• (i) make reasonable compensation to an operator for loss sustained by it; and

• (ii) indemnify an operator against claims, demands, proceedings, costs, damages and expenses which may be made or taken against, or recovered from, or incurred by, an operator 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 may be made without the consent of the undertaker which, if it withholds such consent, shall have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

• (4) Any difference arising between the undertaker and the operator under this paragraph must be referred to and settled by arbitration under article 39 (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 laid or erected in land belonging to the undertaker on the date on which this Order is made.

PART 3 — FOR THE PROTECTION OF NATIONAL GRID ELECTRICITY TRANSMISSION PLC AS ELECTRICITY UNDERTAKER AND NATIONAL GRID GAS PLC AS GAS UNDERTAKER

PART 3A - NATIONAL GRID ELECTRICITY TRANSMISSION PLC

Application

1

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

Interpretation

2

In this Part 3A of this Schedule—

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

• “apparatus” means any electric lines or electrical plant as defined in the Electricity Act 1989, belonging to or maintained by National Grid together with any replacement apparatus and such other apparatus constructed pursuant to this Order that becomes operational apparatus of National Grid for the purposes of transmission, distribution and/or supply and includes any structure in which apparatus is or must be lodged or which gives or will give access to apparatus;

• “authorised development” has the same meaning as in article 2 (interpretation) of this Order (unless otherwise specified) and for the purposes of this Part of this Schedule must include the use and maintenance of the authorised development and construction of any works authorised by this Schedule;

• “functions” includes powers and duties;

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

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

• “National Grid” means National Grid Electricity Transmission PLC (Company No. 2366977) whose registered office is at 1-3 Strand, London, WC2N 5EH or any successor as a licence holder within the meaning of Part 1 of the Electricity Act 1989;

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

• “specified works” means any of the authorised development or activities (including onshore site preparation works, monitoring, ground work operations or the receipt and erection of construction plant and equipment) undertaken in association with the authorised development which—will or may be situated over, or within 15 metres measured in any direction of any apparatus the removal of which has not been required by the undertaker under paragraph 7 or otherwise;may in any way adversely affect any apparatus the removal of which has not been required by the undertaker under paragraph 7 or otherwise; and/orincludes in relation to any electricity apparatus any activity that is referred to in development near overhead lines EN43-8 and HSE’s guidance note 6 “Avoidance of Danger from Overhead Lines.”

3

Except for paragraphs 4 (apparatus of National Grid in streets subject to temporary closure), 9 (retained apparatus: protection of National Grid as electricity undertaker), 10 (expenses) and 11 (indemnity) which must apply in respect of the exercise of all or any powers under this Order affecting the rights and apparatus of National Grid, this Schedule does not apply to apparatus in respect of which the relations between the undertaker and National Grid are regulated by the provisions of Part 3 of the 1991 Act.

Apparatus of National Grid in streets subject to temporary closure

4

• (1) Where any public right of way is stopped up under article 11 (closure and diversion of public rights of way and access land), if National Grid has any apparatus in the street or accessed via that street National Grid must be entitled to the same rights in respect of such apparatus as it enjoyed immediately before the closure and the undertaker must grant to National Grid, or must procure the granting to National Grid of, legal easements reasonably satisfactory to National Grid in respect of such apparatus and access to it prior to the closure of any such street or highway but nothing in this paragraph affects any right of the undertaker or National Grid to require the removal of that apparatus under paragraph 7 or the power of the undertaker, subject to compliance with this sub-paragraph, to carry out works under paragraph 9.

• (2) Notwithstanding the temporary closure under the powers of article 11 (closure and diversion of public rights of way and access land), National Grid must be at liberty at all times to take all necessary access across any such street and/or to execute and do all such works and things in, upon or under any such street as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the closure or diversion was in that street.

Protective works to buildings

5

The undertaker, in the case of the powers conferred by article 16 (protective work to buildings), must exercise those powers so as not to obstruct or render less convenient the access to any apparatus without the written consent of National Grid which must not unreasonably be withheld.

Acquisition of land

6

• (1) Regardless of any provision in this Order or anything shown on the land plans or contained in the book of reference to this Order, the undertaker must not appropriate or acquire or take temporary possession of any land or apparatus or appropriate, acquire, extinguish, interfere with or override any easement, other interest or right and/or apparatus of National Grid otherwise than by agreement (such agreement not to be unreasonably withheld).

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

• (3) Any agreement or consent granted by National Grid under paragraph 9 or any other paragraph of this Part of this Schedule, shall not be taken to constitute agreement under sub-paragraph (1).

Removal of apparatus

7

• (1) If, in the exercise of the powers conferred by the Order, the undertaker acquires any interest in or possesses temporarily any Order land in which any apparatus is placed, that apparatus must not be removed under this Part of this Schedule and any right of National Grid 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 National Grid in accordance with sub-paragraphs (2) to (5) inclusive.

• (2) If, for the purpose of executing any works comprised in the authorised development in, on, under or over any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, it must give to National Grid 56 days’ advance 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 National Grid reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), secure any necessary consents for the alternative apparatus and afford to National Grid to its satisfaction (taking into account paragraph 8(1) below) the necessary facilities and rights—

• (a) for the construction of alternative apparatus in other land of or land secured by the undertaker; and

• (b) 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 or land secured by 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, National Grid must, on receipt of a written notice to that effect from the undertaker, take such steps as are reasonable in the circumstances in an endeavour to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed save that this obligation shall not extend to the requirement for National Grid to use its compulsory purchase powers to this end unless it elects to so do.

• (4) Any alternative apparatus to be constructed in land of or land secured by 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 National Grid and the undertaker.

• (5) National Grid must, after the alternative apparatus to be provided or constructed has been agreed, and subject to a written diversion agreement having been entered into between the parties and the grant to National Grid 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.

Facilities and rights for alternative apparatus

8

• (1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to or secures for National Grid facilities and rights in land for the construction, use, maintenance and protection of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and National Grid and must be no less favourable on the whole to National Grid than the facilities and rights enjoyed by it in respect of the apparatus to be removed unless otherwise agreed by National Grid.

• (2) If the facilities and rights to be afforded by the undertaker and agreed with National Grid under sub-paragraph (1) above in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are less favourable on the whole to National Grid 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 matter must be referred to arbitration under paragraph 31 (arbitration) of this Part 3 and the arbitrator must make such provision for the payment of compensation by the undertaker to National Grid as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case. In respect of the appointment of an arbitrator under this sub-paragraph (2) article 39 (arbitration) of this Order applies.

Retained apparatus: Protection of National Grid as Electricity Undertaker

9