The National Grid (Yorkshire Green Energy Enablement Project) Development Consent Order 2024

• (c) remove any foundations to a depth greater than 1.5 metres below adjoining ground level which had been placed in that land to support pylons and electric lines constructed upon those foundations; or

• (d) remove any pylons or electric lines or underground cables constructed or installed on, over, under, or in that land as part of the authorised development.

• (7) National Grid must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of this article.

• (8) Any dispute as to a person’s entitlement to compensation under paragraph (7), or as to the amount of the compensation, must be determined under Part 1 of the 1961 Act.

• (9) Nothing in this article affects any liability to pay compensation under section 152 of the 2008 Act (compensation in case where no right to claim in nuisance) or under any other enactment in respect of loss or damage arising from the carrying out of the authorised development, other than loss or damage for which compensation is payable under paragraph (7).

• (10) Where National Grid takes possession of land under this article, National Grid is not required to acquire the land or any interest in it.

• (11) Section 13 of the 1965 Act (refusal to give possession to acquiring authority) applies to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 of the 2008 Act (application of compulsory acquisition provisions).

• (12) Nothing in this article prevents National Grid from taking temporary possession more than once in relation to any land specified in Part 1 of Schedule 12.

• (13) The provisions of the Neighbourhood Planning Act 2017[^f00071] insofar as they relate to temporary possession of land under this article 36, article 37 (temporary use of land by NPG), 38 (temporary use of land by NGN) and article 39 (temporary use of land for maintaining the authorised development) of this Order do not apply in relation to the construction, operation and maintenance of the authorised development.

Temporary use of land by NPG

37

• (1) NPG may, in connection with the carrying out of the NPG works—

• (a) enter on and take temporary possession of—

• (i) so much of the land specified in column (1) of Part 2 of Schedule 12 (land of which temporary possession may be taken) to exercise the powers described in the book of reference and for the purpose specified in relation to that land in column (2) of Part 2 of that Schedule relating to the part of the authorised development specified in column (3) of Part 2 of that Schedule; and

• (ii) any other Order land in respect of the NPG works in respect of which no notice of entry has been served under section 11 of the 1965 Act (other than in connection with the acquisition of rights only) and no declaration has been made under section 4 of the 1981 Act;

• (b) remove any electric lines, electrical plant, buildings, archaeological artefact, structures, pylons, apparatus and vegetation from that land;

• (c) construct temporary works (including the provision of means of access) and buildings on that land; and

• (d) construct any works specified in relation to that land in column (2) of Part 2 of Schedule 12, or any other mitigation works.

• (2) Not less than 14 days before entering on and taking temporary possession of land under this article, NPG must serve notice of the intended entry on the owners and occupiers of the land.

• (3) NPG must not, without the agreement of the owners of the land, remain in possession of any land under this article—

• (a) in the case of land referred to in paragraph 1(a)(i), after the end of the period of one year beginning with the date of completion of the part of the authorised development specified in relation to that land in column (3) of Part 2 of Schedule 12, or

• (b) in the case of land referred to in paragraph 1(a)(ii), after the end of the period of one year beginning with the date of completion of the work for which temporary possession of the land was taken unless the undertaker has, by the end of that period, served a notice of entry under section 11 of the 1965 Act or made a declaration under section 4 of the 1981 Act in relation to that land.

• (4) NPG must provide the owner of any land of which temporary possession has been taken under this article with written notice of the date of completion of the works for which temporary possession was taken within 28 days of the completion of those works.

• (5) Before giving up possession of land of which temporary possession has been taken under paragraph (1)(a)(i), NPG must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but NPG is not required to—

• (a) replace a building, structure, archaeological artefact, electric line, electrical plant or pylon removed under this article;

• (b) remove any pylons, electric lines or underground cables constructed or installed on, over, under or in that land as part of the NPG works;

• (c) remove any foundations to a depth greater than 1.5 metres below adjoining ground level which had been placed in that land to support pylons and electric lines constructed upon those foundations;

• (d) remove any pylons or electric lines or underground cables constructed or installed on, over, under or in that land as part of the NPG Works or

• (e) restore the land on which any works have been carried out under paragraph 1(d) insofar as the element of works shown in column (4) of Part 2 of Schedule 12 is concerned.

• (6) Before giving up possession of land of which temporary possession has been taken under paragraph (1)(a)(ii), unless otherwise agreed by the owners of the land, NPG must either acquire the interest on, over, or in the land in accordance with the provisions of paragraph (3)(b) or remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but NPG is not required to—

• (a) replace a building, structure, archaeological artefact, electric line, electrical plant or pylon removed under this article;

• (b) remove any pylons, electric lines or underground cables constructed or installed on, over, under or in that land as part of the NPG works;

• (c) remove any foundations to a depth greater than 1.5 metres below adjoining ground level which had been placed in that land to support pylons and electric lines constructed upon those foundations; or

• (d) restore the land on which any works have been carried out under paragraph 1(d) insofar as the element of works shown in column (4) of Part 2 of Schedule 12 is concerned.

• (7) NPG must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of this article.

• (8) Any dispute as to a person’s entitlement to compensation under paragraph (7), or as to the amount of the compensation, is to be determined under Part 1 of the 1961 Act.

• (9) Nothing in this article affects any liability to pay compensation under section 152 of the 2008 Act (compensation in case where no right to claim in nuisance) or under any other enactment in respect of loss or damage arising from the carrying out of the authorised development, other than loss or damage for which compensation is payable under paragraph (7).

• (10) Where NPG takes possession of land under this article, NPG is not required to acquire the land or any interest in it.

• (11) Section 13 of the 1965 Act (refusal to give possession to acquiring authority) applies to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 of the 2008 Act (application of compulsory acquisition provisions).

• (12) Nothing in this article prevents—

• (a) NPG from taking temporary possession more than once in relation to any land specified in Part 2 of Schedule 12; or

• (b) National Grid from taking temporary possession more than once in relation to any land specified in Schedule 12.

Temporary use of land by NGN

38

• (1) NGN may, in connection with the carrying out of the NGN works—

• (a) enter on and take temporary possession of—

• (i) so much of the land specified in column (1) of Schedule 12 (land of which temporary possession may be taken) to exercise the powers described in the book of reference and for the purpose specified in relation to that land in column (2) of Part 2 of that Schedule relating to the part of the authorised development specified in column (3) of Part 2 of that Schedule; and

• (ii) any other Order land in respect of the NGN works in respect of which no notice of entry has been served under section 11 of the 1965 Act (other than in connection with the acquisition of rights only) and no declaration has been made under section 4 of the 1981 Act;

• (b) remove any electric lines, plant, buildings, structures, pylons, archaeological artefact, apparatus, equipment and vegetation from that land;

• (c) construct temporary works (including the provision of means of access) and buildings on that land; and

• (d) construct any works specified in relation to that land in column (2) of Part 2 of Schedule 12, or any other mitigation works.

• (2) Not less than 14 days before entering on and taking temporary possession of land under this article, NGN must serve notice of the intended entry on the owners and occupiers of the land.

• (3) NGN must not, without the agreement of the owners of the land, remain in possession of any land under this article—

• (a) in the case of land referred to in paragraph 1(a)(i), after the end of the period of one year beginning with the date of completion of the part of the authorised development specified in relation to that land in column (3) of Part 2 of Schedule 12, or

• (b) in the case of land referred to in paragraph 1(a)(ii), after the end of the period of one year beginning with the date of completion of the work for which temporary possession of the land was taken unless the undertaker has, by the end of that period, served a notice of entry under section 11 of the 1965 Act or made a declaration under section 4 of the 1981 Act in relation to that land.

• (4) NGN must provide the owner of any land of which temporary possession has been taken under this article with written notice of the date of completion of the works for which temporary possession was taken within 28 days of the completion of those works.

• (5) Before giving up possession of land of which temporary possession has been taken under paragraph (1)(a)(i), NGN must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but NGN is not required to—

• (a) replace a building, structure, archaeological artefact, electric line, apparatus, equipment, plant or pylon removed under this article;

• (b) remove any pylons, electric lines or underground cables constructed or installed on, over, under or in that land as part of the NGN works;

• (c) remove any foundations to a depth greater than 1.5 metres below adjoining ground level; or

• (d) restore the land on which any works have been carried out under paragraph 1(d) insofar as the element of works shown in column (4) of Part 2 of Schedule 12 is concerned.

• (6) Before giving up possession of land of which temporary possession has been taken under paragraph (1)(a)(ii), unless otherwise agreed by the owners of the land, NGN must either acquire the interest on, over, or in the land in accordance with the provisions of paragraph (3)(b) or remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but NGN is not required to—

• (a) replace a building, structure, archaeological artefact, electric line, apparatus, equipment, plant or pylon removed under this article;

• (b) remove any pylons, electric lines or underground cables constructed or installed on, over, under or in that land as part of the NGN works;

• (c) remove any foundations to a depth greater than 1.5 metres below adjoining ground level; or

• (d) restore the land on which any works have been carried out under paragraph 1(d) insofar as the element of works shown in column (4) of Part 2 of Schedule 12 is concerned.

• (7) NGN must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of this article.

• (8) Any dispute as to a person’s entitlement to compensation under paragraph (7), or as to the amount of the compensation, is to be determined under Part 1 of the 1961 Act.

• (9) Nothing in this article affects any liability to pay compensation under section 152 of the 2008 Act (compensation in case where no right to claim in nuisance) or under any other enactment in respect of loss or damage arising from the carrying out of the authorised development, other than loss or damage for which compensation is payable under paragraph (7).

• (10) Where NGN takes possession of land under this article, NGN is not required to acquire the land or any interest in it.

• (11) Section 13 of the 1965 Act (refusal to give possession to acquiring authority) applies to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 of the 2008 Act (application of compulsory acquisition provisions).

• (12) Nothing in this article prevents NGN from taking temporary possession more than once in relation to any land specified in Part 3 of Schedule 12; or

• (13) National Grid from taking temporary possession more than once in relation to any land specified in Schedule 12.

Temporary use of land for maintaining the authorised development

39

• (1) Subject to paragraph (2), at any time during the maintenance periods relating to any part of the authorised development, the undertaker may—

• (a) enter upon and take temporary possession of any land within the Order limits if such possession is reasonably required for the purpose of maintaining the authorised development;

• (b) construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose; and

• (c) enter on any land within the Order limits for the purpose of gaining access as is reasonably required for the purpose of maintaining the authorised development.

• (2) Paragraph (1) does not authorise the undertaker to take temporary possession of—

• (a) any house or garden belonging to a house; or

• (b) any building (other than a house) if it is for the time being occupied.

• (3) Not less than 28 days before entering upon and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land.

• (4) The undertaker may remain in possession of land under this article only for so long as may be reasonably necessary to carry out the maintenance of the part of the authorised development for which possession of the land was taken.

• (5) Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land.

• (6) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.

• (7) Any dispute as to a person’s entitlement to compensation under paragraph (6), or as to the amount of the compensation, must be determined under Part 1 of the 1961 Act.

• (8) Nothing in this article affects any liability to pay compensation under section 152 of the 2008 Act (compensation in case where no right to claim in nuisance) or under any other enactment in respect of loss or damage arising from the maintenance of the authorised development, other than loss or damage for which compensation is payable under paragraph (6).

• (9) Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it.

• (10) Section 13 of the 1965 Act (refusal to give possession to acquiring authority) applies to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 of the 2008 Act (application of compulsory acquisition provisions).

• (11) In this article “the maintenance periods” in relation to any part of the authorised development means the period of five years beginning with the date on which that part of the authorised development is brought into operational use, except where the authorised development is mitigation planting where “the maintenance periods” means the period of five years beginning with the date on which that part of the mitigation planting is completed.

Statutory undertakers

40

• (1) Subject to the provisions of article 25 (compulsory acquisition of rights), Schedule 15 (protective provisions) and paragraph (2), the undertaker may—

• (a) acquire compulsorily, or acquire new rights or impose restrictive covenants over, any Order land belonging to statutory undertakers; and

• (b) extinguish the rights of, or remove or reposition the apparatus belonging to, statutory undertakers over or within the Order land.

• (2) Paragraph (1)(b) has no effect in relation to apparatus in respect of which Part 3 (street works in England and Wales) of the 1991 Act[^f00072] applies.

Recovery of costs of new connections

41

• (1) Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 40 (statutory undertakers) any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.

• (2) Paragraph (1) does not apply in the case of the removal of a public sewer but where such a sewer is removed under article 39 (temporary use of land for maintaining the authorised development), any person who is—

• (a) the owner or occupier of premises the drains of which communicated with that sewer; or

• (b) the owner of a private sewer which communicated with that sewer,

is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the drain or sewer belonging to that person communicate with any other public sewer or with a private sewerage disposal plant.

• (3) In this paragraph—

• “public communications provider” has the same meaning as in section 151(1) (interpretation of Chapter 1) of the Communications Act 2003[^f00073]; and

• “public utility undertaker” means a gas, water, electricity or sewerage undertaker.

PART 6 — MISCELLANEOUS AND GENERAL

Application of landlord and tenant law

42

• (1) This article applies to—

• (a) any agreement for leasing to any person the whole or any part of the authorised development or the right to operate the same; and

• (b) any agreement entered into by the undertaker with any person for the construction, maintenance, use or operation of the authorised development, or any part of it, so far as any such agreement relates to the terms on which any land which is the subject of a lease granted by or under that agreement is to be provided for that person’s use.

• (2) No enactment or rule of law regulating the rights and obligations of landlords and tenants prejudices the operation of any agreement to which this article applies.

• (3) Accordingly, no such enactment or rule of law applies in relation to the rights and obligations of the parties to any lease granted by or under any such agreement so as to—

• (a) exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter;

• (b) confer or impose on any such party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease; or

• (c) restrict the enforcement (whether by action for damages or otherwise) by any party to the lease of any obligation of any other party under the lease.

Defence to proceedings in respect of statutory nuisance

43

• (1) Where proceedings are brought under section 82(1) (summary proceedings by persons aggrieved by statutory nuisances) of the Environmental Protection Act 1990[^f00074] in relation to a nuisance falling within paragraphs (g) (noise emitted from premises so as to be prejudicial to health or a nuisance) and (ga) (noise that is prejudicial to health or a nuisance and is emitted from or caused by a vehicle, machinery or equipment in a street) of section 79(1) (statutory nuisances and inspections therefor) of that Act no order must be made, and no fine may be imposed, under section 82(2) (summary proceedings by persons aggrieved by statutory nuisances) of that Act if—

• (a) the defendant shows that the nuisance—

• (i) relates to premises used by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development and that the nuisance is attributable to the carrying out of the authorised development in accordance with a notice served under section 60 (control of noise on construction sites), or a consent given under section 61 (prior consent for work on construction sites), of the Control of Pollution Act 1974[^f00075]; or

• (ii) relates to premises used by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development and that the nuisance is attributable to the carrying out of the authorised development in accordance with the controls and measures relating to noise as described in the code of construction practice or the construction management plans or in accordance with the noise levels set out in an environmental permit relating to the construction, maintenance or operation of the authorised development; or

• (iii) is a consequence of the construction or maintenance of the authorised development and that it cannot reasonably be avoided; or

• (iv) is a consequence of complying with a requirement of this Order and that it cannot reasonably be avoided; or

• (b) the defendant shows that the nuisance—

• (i) relates to premises used by the undertaker for the purposes of or in connection with the use of the authorised development and that the nuisance is attributable to the use of the authorised development which is being used in accordance with the noise and vibration management plan prepared under requirement 5 of Schedule 3 (requirements) to this Order; or

• (ii) is a consequence of the use of the authorised development and that it cannot reasonably be avoided.

• (2) For the purposes of paragraph (1) above, compliance with the controls and measures relating to noise described in the code of construction practice and the noise and vibration management plan will be sufficient, but not necessary, to show that an alleged nuisance could not reasonably be avoided.

• (3) Where a relevant planning authority is acting in accordance with section 60(4) (control of noise on construction sites) and section 61(4) (prior consent for work on construction sites) of the Control of Pollution Act 1974 in relation to the construction of the authorised development then the local authority must also have regard to the controls and measures relating to noise referred to in the code of construction practice and the construction management plans.

• (4) Section 61(9) (prior consent for work on construction sites) of the Control of Pollution Act 1974 does not apply where the consent relates to the use of premises by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development.

Maintenance of drainage works

44

• (1) Nothing in this Order, or the construction, maintenance or operation of the authorised development under it, affects any responsibility for the maintenance of any works connected with the drainage of land, whether that responsibility is imposed or allocated by or under any enactment, or otherwise agreed in writing between the undertaker and the person responsible.

• (2) In this article “drainage” has the same meaning as in section 72 (interpretation) of the Land Drainage Act 1991[^f00076].

Traffic regulation

45

• (1) Subject to the provisions of this article, and the consent of the traffic authority in whose area the road concerned is situated, the undertaker may at any time, for the purposes of the construction of the authorised development or for purposes ancillary to it prohibit vehicular access and prohibit waiting of vehicles in the manner specified in Part 1 of Schedule 14 (traffic regulation) on those roads specified in column 1 and along the lengths and between the points specified in column 2 in the manner specified in column 3 of that Part of that Schedule.

• (2) Without limiting the scope of the specific power conferred by paragraph (1) but subject to the provisions of this article and the consent of the traffic authority in whose area the road concerned is situated, which consent must not be unreasonably withheld or delayed, the undertaker may, in so far as may be expedient or necessary for the purposes of or in connection with construction of the authorised development, or for purposes ancillary to it, at any time prior to when the authorised development is first brought into operational use—

• (a) revoke, amend or suspend in whole or in part any order made, or having effect as if made, under the 1984 Act;

• (b) permit, prohibit or restrict the stopping, parking, waiting, loading or unloading of vehicles on any road;

• (c) authorise the use as a parking place of any road;

• (d) make provision as to the maximum speed, direction or priority of vehicular traffic on any road; and

• (e) permit or prohibit vehicular access to any road, either at all times or at times, on days or during such periods as may be specified by the undertaker.

• (3) The undertaker must not exercise the powers in paragraphs (1) and (2) unless it has—

• (a) given not less than 28 days’ notice in writing of its intention to do so to the chief officer of police and to the traffic authority in whose area the road is situated; and

• (b) advertised its intention in such manner as the traffic authority may specify in writing within 7 days of its receipt of notice of the undertaker’s intention as provided for in subparagraph (a).

• (4) Any prohibition, restriction or other provision made by the undertaker under paragraph (1) or (2)—

• (a) has effect as if duly made by—

• (i) the traffic authority in whose area the road is situated as a traffic regulation order under the 1984 Act; or

• (ii) the local authority in whose area the road is situated as an order under section 32 (power of local authorities to provide parking places) of the 1984 Act, and the instrument by which it is effected may specify savings and exemptions (in addition to those mentioned in Schedule 14 (traffic regulation)) to which the prohibition, restriction or other provision is subject; and

• (b) is deemed to be a traffic order for the purposes of Schedule 7 (road traffic contraventions subject to civil enforcement) to the Traffic Management Act 2004[^f00077].

• (5) Any prohibition, restriction or other provision made under this article may be suspended, varied or revoked by the undertaker from time to time by subsequent exercise of the powers conferred by paragraphs (1) and (2) at any time prior to the part of the authorised development to which it relates being brought into operational use.

• (6) Before complying with the provisions of paragraph (3) the undertaker must consult the chief officer of police and the traffic authority in whose area the road is situated.

• (7) Expressions used in this article and in the 1984 Act have the same meaning in this article as in that Act.

• (8) If the traffic authority fails to notify the undertaker of its decision within 28 days of receiving an application for consent under paragraphs (1) and (2) the traffic authority is deemed to have granted consent.

• (9) Any application for consent under paragraphs (1) and (2) must include a statement that the provisions of paragraph (8) apply to that application.

Felling or lopping of trees and removal of hedgerows

46

• (1) The undertaker may fell, lop, prune, coppice, pollard, or reduce in height or width any tree, shrub, shrubbery, hedgerow, or important hedgerow under or within or overhanging or near any part of the authorised development, or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree, shrub, shrubbery, hedgerow or important hedgerow—

• (a) from obstructing or interfering with the construction, maintenance or operation of the authorised development or any apparatus used in connection with the authorised development; or

• (b) from constituting a danger to persons using, constructing, maintaining, or operating the authorised development.

• (2) In carrying out any activity authorised by paragraph (1), the undertaker must not cause any unnecessary damage to any tree, shrub, shrubbery or hedgerow, or important hedgerow and must pay compensation to any person for any loss or damage arising from such activity.

• (3) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, must be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

• (4) Development consent granted by this Order is to be treated as planning permission pursuant to Part 3 of the 1990 Act for the purposes of regulation 14 (exceptions) of the Town and Country Planning (Tree Preservation) (England) Regulations 2012[^f00078] and the duty contained in section 206(1) (replacement of trees) of the 1990 Act does not apply.

• (5) The undertaker may not pursuant to paragraph (1) fell or lop a tree within or overhanging the extent of the public highway without the consent of the relevant highway authority.

• (6) If the relevant highway authority fails to notify the undertaker of its decision within 28 days of receiving an application for consent under paragraph (5) the relevant highway authority is deemed to have granted consent.

• (7) The power conferred by paragraph (1) removes any obligation upon the undertaker to secure any consent to remove—

• (a) the hedgerows listed in Schedule 17 (hedgerows which may be removed); or

• (b) subject to consultation with the relevant planning authority, any hedgerow within the Order limits that may be identified and that is not otherwise described in Schedule 17 (hedgerows which may be removed)

under the Hedgerows Regulations 1997[^f00079].

• (8) In this article “hedgerow” and “important hedgerow” have the same meaning as in the Hedgerow Regulations 1997.

• (9) Any application for consent under paragraph (5) must include a statement that the provisions of paragraph (6) apply to that application.

Protection of interests

47

Schedule 15 (protective provisions) has effect.

Certification of plans, etc.

48

• (1) National Grid must, as soon as practicable after the making of this Order, submit to the Secretary of State copies of—

• (a) the access, rights of way and public rights of navigation plan (Document 2.7.1 – 2.7.6);

• (b) the arboricultural impact assessment (Document 5.3.3I);

• (c) the book of reference (Document 4.3);

• (d) the environmental statement (Documents 5.1 to 5.4.18, 5.2.19 and 5.2.22);

• (e) the code of construction practice (Document 5.3.3B);

• (f) the archaeological written scheme of investigation (Document 5.3.3C);

• (g) the biodiversity mitigation strategy (Document 5.3.3D);

• (h) the construction traffic management plan (Document 5.3.3F);

• (i) the public rights of way management plan (Document 5.3.3G);

• (j) the noise and vibration management plan (Document 5.3.3H);

• (k) the outline landscape mitigation strategy (Figure 3.10 – 3.12 ... in Document 5.4.3);

• (l) the outline soil management plan (Document 5.3.3E);

• (m) the design drawings (Document 2.15);

• (n) the land plan (Document 2.5.1–2.5.6);

• (o) the extinguishment of easements, servitudes and other private rights plan (Document 2.14);

• (p) the traffic regulation order plan (Document 2.12.1–2.12.6);

• (q) the works plan (Document 2.6.1–2.6.6);

• (r) the design approach to site specific infrastructure (Document 8.18);

for certification that they are true copies of the documents referred to in this Order.

• (2) A plan or document so certified is admissible in any proceedings as evidence of the contents of the document of which it is a copy.

Service of notices

49

• (1) A notice or other document required or authorised to be served for the purposes of thisOrder may be served—

• (a) by post;

• (b) by delivering it to the person on whom it is to be served or to whom it is to be given or supplied; or

• (c) with the written consent of the recipient and subject to paragraphs (5) to (8) by electronic transmission.

• (2) Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.

• (3) For the purposes of section 7 (references to service by post) of the Interpretation Act 1978[^f00080] as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address, and otherwise—

• (a) in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and

• (b) in any other case, the last known address of that person at the time of service.

• (4) Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and the name or address of that person cannot be ascertained after reasonable enquiry, the notice may be served by—

• (a) addressing it to that person by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it); and

• (b) either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.

• (5) Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission the requirement is taken to be fulfilled only where—

• (a) the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission in writing or by electronic transmission;

• (b) the notice or document is capable of being accessed by the recipient;

• (c) the notice or document is legible in all material respects; and

• (d) the notice or document is in a form sufficiently permanent to be used for subsequent reference.

• (6) Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within 7 days of receipt that the recipient requires a paper copy of all or part of that notice or other document the sender must provide such a copy as soon as reasonably practicable.

• (7) Any consent to the use of electronic communication given by a person may be revoked by that person in accordance with paragraph (8).

• (8) Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this Order—

• (a) that person must give notice in writing or by electronic transmission revoking any consent given by that person for that purpose; and

• (b) such revocation is final and takes effect on a date specified by the person in the notice but that date must not be less than 7 days after the date on which the notice is given.

• (9) This article does not exclude the employment of any method of service not expressly provided for by it.

• (10) In this article “legible in all material respects”, in relation to a notice or document, means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served, given or supplied by means of a notice or document in printed form.

Procedure regarding certain approvals, etc.

50

• (1) Where an application or request is submitted to a relevant planning authority, thehighway authority, a street authority or the owner of a watercourse, sewer or drain for any consent,agreement or approval required or contemplated by any of the provisions of the Order suchconsent, agreement or approval, if given, must be given in writing, such agreement not to beunreasonably withheld.

• (2) Schedule 4 (discharge of requirements) has effect in relation to all consents, agreements or approvals granted, refused or withheld under Schedule 3 (requirements), and any document referred to in Schedule 3 (requirements).

• (3) The procedure set out in paragraphs (3) to (5) of Schedule 4 (discharge of requirements) has effect in relation to any other consent, agreement or approval required under this Order where such consent, agreement or approval is granted subject to any condition to which the undertaker objects, or is refused or is withheld.

Amendment of local legislation

51

• (1) The local enactments specified in Part 1 of Schedule 16 (amendment of locallegislation), and any byelaws or other provisions made under any of those enactments, and thelocal byelaws specified in Part 2 of that Schedule are hereby excluded and do not apply insofar as inconsistent with a provision of, or a power conferred by, this Order.

• (2) For the purpose of paragraph (1) a provision is inconsistent with the exercise of a power conferred by this Order if and insofar as (in particular)—

• (a) it would make it an offence to take action, or not to take action, in pursuance of a power conferred by this Order;

• (b) action taken in pursuance of a power conferred by this Order would cause the provision to apply so as to enable a person to require the taking of remedial or other action or so as to enable remedial or other action to be taken;

action taken in pursuance of a power or duty under the provisions would or might interfere with the exercise of any work authorised by this Order.

• (3) Where any person notifies the undertaker in writing that anything done or proposed to be done by the undertaker or by virtue of this Order would amount to a contravention of a statutory provision of local application, the undertaker must as soon as reasonably practicable, and at any rate within 14 days of receipt of the notice, respond in writing setting out—

• (a) whether the undertaker agrees that the action taken or proposed does or would contravene the provision of local application;

• (b) if the undertaker does agree, the grounds (if any) on which the undertaker believes that the provision is excluded by this article; and

• (c) the extent of that exclusion.

Arbitration

52

Subject to article 50 (procedure regarding certain approvals, etc.) and except whereotherwise expressly provided for in this Order or unless otherwise agreed between the parties, any difference under any provision of this Order must be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) by the Secretary of State.

Temporary closure of, and works in, the river Ouse

53

• (1) The undertaker may, subject to Part 3 of Schedule 15 (protective provisions), in connection with the construction and maintenance of the authorised development, temporarily interfere with the relevant part of the river for the purposes of the removal, installation and maintenance of the overhead electric lines comprised in Work No. 6 (XC and XCP overhead electric lines, and XC overhead electric line) of Schedule 1 (authorised development) and any associated development in connection with it.

• (2) Without limitation on the powers conferred by paragraph (1) but subject to paragraphs (3) and (4) the undertaker may, in connection with the construction and maintenance of the authorised development on grounds of health and safety only, temporarily close to navigation the relevant part of the river.

• (3) The power conferred by paragraphs (1) and (2) must be exercised in such a way which secures—

• (a) that no more of the relevant part of the river is closed to navigation at any time than is necessary in the circumstances; and

• (b) that, if complete closure to navigation of the relevant part of the river becomes necessary, all reasonable steps are taken to secure that the period of closure is kept to a minimum and that the minimum obstruction, delay or interference is caused to vessels or craft which may be using or intending to use the part so closed.

• (4) During the period of any closure referred to in paragraph (2) all rights of navigation and other rights relating to and any obligations of the Trust to manage the relevant part of the river so closed are to be suspended and unenforceable against the Trust.

• (5) Any person who as a result of the exercise of powers conferred by this article, suffers loss by reason of the interference with any private rights of navigation is entitled to be paid compensation for such loss by the undertaker, to be determined, in case of dispute, under Part 1 of the 1961 Act.

• (6) In this article, “the relevant part of the river” means so much of the River Ouse as is within the Order limits and the “Trust” means the Canal & River Trust.

SCHEDULE 1 — AUTHORISED DEVELOPMENT

A nationally significant infrastructure project as defined in sections 14 and 16 of the 2008 Act and associated development within the meaning of section 115(2) of the 2008 Act comprising—

OSBALDWICK SUBSTATION

Work No. 1 – Osbaldwick Substation and YR overhead electric line

In the city of York

Works at the existing Osbaldwick Substation to reconfigure the existing layout and YR overhead electric line shown on section A, sheet 1 of the works plan, comprising—

• (a) the installation of conductors, insulators and fittings from YR001A to YR001C;

• (b) the dismantling and removal of existing conductors, insulators and fittings on and between YR001A and YR001-T;

• (c) the installation of gantry YR001C, support structures, switchgear and equipment, underground cables and cable terminations; and

• (d) the dismantling and removal of gantry YR001-T, associated support structures, switchgear and equipment.

OVERHEAD ELECTRIC LINES AND OVERTON SUBSTATION (NORTH WEST OF YORK)

Work No. 2 – YR/2TW overhead electric line and YN overhead electric line

In North Yorkshire and the city of York

Works to reconfigure the YR overhead electric line and construction and installation of the YN overhead electric line as shown on section B, sheet 1 of the works plan, comprising—

• (a) the reconductoring of the YR/2TW overhead electric line from YR036 to 2TW169, replacement of conductors, fittings, insulators, and fibre optic earthwires, including modifications to existing pylons;

• (b) the construction and installation of a temporary diversion of the YR overhead electric line from YR038 to 2TW169, including conductors, fibre optic earthwires, insulators, fittings and two temporary structures;

• (c) the construction and installation of an overhead electric line from YR040 to YN004 including five pylons, conductors, fibre optic earthwires, insulators, fittings and connections into the new Shipton North and Shipton South cable sealing end compounds referred to at paragraph (f) .

In North Yorkshire

• (d) the installation of an underground cable to facilitate a connection between Shipton North and Shipton South cable sealing end compounds referred to at paragraph (f);

• (e) the dismantling and removal of existing pylon YR040T, including foundations;

• (f) the construction and installation of two cable sealing end compounds, Shipton North and Shipton South, containing sealing end equipment, including anchor blocks at Shipton North and a gantry at Shipton South, switchgear, earthing and protection control systems, and connections to the overhead electric line;

• (g) the installation of one temporary construction compound; and

In the city of York

• (h) the installation of one temporary construction compound.

Work No. U1 – Utility Undergrounding

In North Yorkshire

Work No. 3 – YN overhead electric line

In North Yorkshire and the city of York

Work No. U2

In the city of York

Work No. U3

In the city of York

Work No. 4 – Overton Substation

In North Yorkshire

Work No. 5 – SP and XCP overhead electric lines

In North Yorkshire and the city of York

Work No. 6 – XC and XCP overhead electric lines, and XC overhead electric line

In the city of York and in North Yorkshire

In North Yorkshire

• (e) the reconductoring of the XC overhead electric line from XC429 to XC430, including modifications to existing pylons and foundations, and the replacement of conductors, fittings, insulators and fibre optic earthwires; and

• (f) the construction and installation of a temporary diversion of the XC overhead electric line from XC428T to XC430, including conductors, insulators, fittings and one temporary structure.

Work No. U4

In the city of York

Work No. U5

In North Yorkshire

OVERHEAD ELECTRIC LINES (MOOR MONKTON TO TADCASTER)

Work No. 7 – XC overhead electric line

In North Yorkshire

Works to upgrade, modify and reconductor the existing XC overhead electric line shown on section C, sheet 1 to section D, sheet 1 of the works plan comprising the reconductoring of the XC overhead electric line from XC430 to XC480, including modifications to existing pylons and foundations, replacement of conductors, fibre optic earthwires, fittings, and insulators.

Work No. U6

In North Yorkshire

OVERHEAD ELECTRIC LINES (TADCASTER)

Work No. 8 – XC and XD overhead electric lines

In the city of Leeds and in North Yorkshire

Works to upgrade, modify and reconductor the XC overhead electric line, and modify the XD overhead electric line shown on section D, sheets 1 and 2 of the works plan, comprising—

In North Yorkshire

• (a) the reconductoring of the XC overhead electric line from XC480 to XC482, including modifications to existing pylons and foundations, replacement of conductors, fibre optic earthwires, fittings, and insulators;

• (b) the construction and installation of a temporary diversion of the existing XD overhead electric line from XC481 to XD003, including conductors, insulators, fibre optic earthwires, fittings and two temporary structures;

• (c) the construction and installation of an overhead electric line from XC481 to the Tadcaster Tee East cable sealing end compound referred to at paragraph (f) and from XD001 into the Tadcaster Tee West cable sealing end compound referred to at paragraph (f), including conductors, fibre optic earthwires, insulators and fittings;

• (d) the construction and installation of underground cables to connect the Tadcaster Tee East cable sealing end compound referred to at paragraph (f) with the Tadcaster Tee West cable sealing end compound referred to at paragraph (f);

• (e) the dismantling and removal of existing pylon XD001T and its associated foundations, and the removal of a single circuit of redundant conductors between XD001 and XC481;

• (f) the construction and installation of two cable sealing end compounds, Tadcaster Tee East and Tadcaster Tee West, containing sealing end equipment, including anchor blocks in Tadcaster Tee East and a gantry in Tadcaster Tee West, switchgear, earthing and protection control systems, connections to the overhead electric line, and permanent landscaping works;

• (g) the installation of one temporary construction compound; and

In the city of Leeds and in North Yorkshire

• (h) modifications to conductors, insulators and fittings between XC481 and XD007.

Work No. U7

In North Yorkshire

Work No. U8

In North Yorkshire

OVERHEAD ELECTRIC LINES (TADCASTER TO MONK FRYSTON)

Work No. 9 – XC overhead electric line

In North Yorkshire

Works to upgrade, modify and reconductor the XC overhead electric line shown on section D, sheet 1 to section E, sheet 7 of the works plan, comprising the reconductoring of the XC overhead electric line from XC482 to XC521, including modifications to existing pylons and foundations, replacement of conductors, fibre optic earthwire, fittings and insulators.

Work No. U9

In North Yorkshire

Work No. U10

In North Yorkshire

Work No. U11

In North Yorkshire

Work No. U12

In North Yorkshire

Work No. U13

In North Yorkshire

OVERHEAD ELECTRIC LINES AND MONK FRYSTON SUBSTATION

Work No. 10 – XC overhead electric line

In North Yorkshire

Works to reconfigure the XC overhead electric line through construction and installation of new sections and dismantling of existing sections shown on section E, sheet 7 and section F, sheet 1 of the works plan, comprising—

• (a) the construction and installation of an overhead electric line from XC521 to XC526 and from XC526 to XC527, and from XC526 to XC528, including the construction and installation of five pylons, conductors, fibre optic earthwires, insulators, fittings, and connections into the Monk Fryston Substation referred to at Work No. 11;

• (b) the dismantling and removal of an overhead electric line from XC521 to XC525T, including removal of four pylons, conductors, insulators, fittings, fibre optic earthwires and foundations;

• (c) the construction and installation of a temporary diversion of the existing XC overhead electric line from XC522T to XC525T, including conductors, insulators, fittings and two temporary structures; and

• (d) the installation of one temporary construction compound.

Work No. 11 – Monk Fryston Substation

In North Yorkshire

Such associated development not listed above, within the Order limits, as may be necessary or expedient for the purposes of or in connection with the construction or maintenance of the above Work Nos. or any of them, which may include—

• (a) ramps, means of access, footpaths, cycleways, bridleways and trackways;

• (b) embankments, bridges, aprons, abutments, foundations, retaining walls, drainage, wing walls, headwalls, culverts and fencing including stock-proof fencing;

• (c) works to alter the course of, or otherwise interfere with a watercourse, drainage works, attenuation ponds, and culverts;

• (d) landscaping and other works to mitigate any adverse effects of construction, maintenance, operation or use, together with means of access;

• (e) tree, hedgerow and vegetation planting and maintenance works;

• (f) works for the benefit or protection of the environment;

• (g) works for the benefit or protection of land, structures, apparatus or equipment affected by the authorised development (including earthing and works for monitoring);

• (h) works required for the strengthening, improvement, maintenance, or reconstruction of any streets;

• (i) works to streets and any alteration, removal or installation of street furniture, traffic signage and signals, and road lining, including where required to facilitate the construction of temporary accesses;

• (j) site preparation works, site clearance (including scaffolding, fencing, vegetation removal, demolition of existing buildings or structures and the creation of alternative footpaths, cycleways, bridleways and trackways);

• (k) earthworks (including soil stripping and storage, site levelling, ground improvement, berms and bunding);

• (l) works within temporary construction compounds, comprising temporary laydown, assembly and storage areas, temporary offices, security cabins, temporary vehicle parking, construction fencing, gates and hoarding, perimeter enclosure, security fencing, construction related buildings, welfare facilities, construction and security lighting and haulage roads, provision of services, generators, lighting, waste management facilities, drainage works, attenuation ponds, access roads, wheel cleaning facilities, biosecurity measures, fencing and hoarding;

• (m) works within cable sealing end compounds and substations, comprising the installation of switchgear, above and below ground services, troughs and cables, perimeter fencing, gates and hoarding, drainage systems, attenuation ponds, pollution control, generators, earthing and protection control systems, supervisory control and data acquisition communications, lighting, waste management facilities, drainage works, attenuation ponds, access roads, wheel cleaning facilities, biosecurity measures, parking areas;

• (n) works to allow for the provision of services, including power supplies, electric vehicle charging points and communication equipment;

• (o) installation of wires, cables, ducts, pipes and conductors including establishment of winching points;

• (p) the changing of name plates;

• (q) such other works, including scaffolding and crossing protection, working areas, and works of demolition (which includes but is not limited to demolition of residential properties), as may be necessary or expedient for the purposes of or in connection with the construction of the authorised development and which do not give rise to any materially new or materially different environmental effects from those assessed in the environmental statement;

• (r) the construction and installation of permanent vehicle access roads, gates and fencing, hardstanding, and drainage;

• (s) works to place, alter, divert, relocate, protect, remove or maintain the position of apparatus (including statutory undertakers’ apparatus), services, plant and other equipment in, under or above a street, or in other land, including mains, sewers, drains, pipes, lights, conductors, cables, fencing and other boundary treatments; and

• (t) such other works as may be necessary or expedient for the purposes of or in connection with the construction, installation, operation or maintenance of the authorised development and which do not give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.

SCHEDULE 2 — PLANS, DRAWINGS AND ENVIRONMENTAL STATEMENT

PART 1 — ACCESS, RIGHTS OF WAY AND PUBLIC RIGHTS OF NAVIGATION PLAN

Drawing Title	Drawing Number	Revision
Access, Rights of Way and Public Rights of Navigation Key Plan	DCO_A/AC/KP/01	A
Access, Rights of Way and Public Rights of Navigation Plan	DCO_A/AC/PS/01	B
Access, Rights of Way and Public Rights of Navigation Key Plan	DCO_B/AC/KP/01	B
Access, Rights of Way and Public Rights of Navigation Key Plan	DCO_B/AC/KPD/01	C
Access, Rights of Way and Public Rights of Navigation Plan	DCO_B/AC/PS/01	C
Access, Rights of Way and Public Rights of Navigation Plan	DCO_B/AC/PS/02	C
Access, Rights of Way and Public Rights of Navigation Plan	DCO_B/AC/PS/03	C
Access, Rights of Way and Public Rights of Navigation Plan	DCO_B/AC/PS/04	C
Access, Rights of Way and Public Rights of Navigation Plan	DCO_B/AC/PS/05	C
Access, Rights of Way and Public Rights of Navigation Key Plan	DCO_C/AC/KP/01	A
Access, Rights of Way and Public Rights of Navigation Key Plan	DCO_C/AC/KPD/01	B
Access, Rights of Way and Public Rights of Navigation Plan	DCO_C/AC/PS/01	B
Access, Rights of Way and Public Rights of Navigation Plan	DCO_C/AC/PS/02	B
Access, Rights of Way and Public Rights of Navigation Plan	DCO_C/AC/PS/03	B
Access, Rights of Way and Public Rights of Navigation Plan	DCO_C/AC/PS/04	B
Access, Rights of Way and Public Rights of Navigation Plan	DCO_C/AC/PS/05	B
Access, Rights of Way and Public Rights of Navigation Plan	DCO_C/AC/PS/06	B
Access, Rights of Way and Public Rights of Navigation Plan	DCO_C/AC/PS/07	B
Access, Rights of Way and Public Rights of Navigation Plan	DCO_C/AC/PS/08	B
Access, Rights of Way and Public Rights of Navigation Plan	DCO_C/AC/PS/09	B
Access, Rights of Way and Public Rights of Navigation Key Plan	DCO_D/AC/KP/01	A
Access, Rights of Way and Public Rights of Navigation Plan	DCO_D/AC/PS/01	B
Access, Rights of Way and Public Rights of Navigation Plan	DCO_D/AC/PS/02	B
Access, Rights of Way and Public Rights of Navigation Key Plan	DCO_E/AC/KP/01	A
Access, Rights of Way and Public Rights of Navigation Plan	DCO_E/AC/PS/01	B
Access, Rights of Way and Public Rights of Navigation Plan	DCO_E/AC/PS/02	B
Access, Rights of Way and Public Rights of Navigation Plan	DCO_E/AC/PS/03	B
Access, Rights of Way and Public Rights of Navigation Plan	DCO_E/AC/PS/04	B
Access, Rights of Way and Public Rights of Navigation Plan	DCO_E/AC/PS/05	B
Access, Rights of Way and Public Rights of Navigation Plan	DCO_E/AC/PS/06	B
Access, Rights of Way and Public Rights of Navigation Plan	DCO_E/AC/PS/07	B
Access, Rights of Way and Public Rights of Navigation Key Plan	DCO_F/AC/KP/01	A
Access, Rights of Way and Public Rights of Navigation Plan	DCO_F/AC/PS/01	B

PART 2 — DESIGN DRAWINGS

Drawing Title	Drawing Number	Revision
List Of Design Drawings	DCO_DE/KP/01_01	C
List Of Design Drawings	DCO_DE/KP/01_02	C
Design Drawing: Explanatory Overhead Line Profile	DCO_DE/PS/01_01	A
Design Drawing: Indicative Overhead Line Profiles 2TW/YR	DCO_DE/PS/03_01	A
Design Drawing: Indicative Overhead Line Profiles YN	DCO_DE/PS/04_01	A
Design Drawing: Indicative Overhead Line Profiles YN	DCO_DE/PS/04_02	A
Design Drawing: Indicative Overhead Line Profiles SP	DCO_DE/PS/05_01	A
Design Drawing: Indicative Overhead Line Profiles SP	DCO_DE/PS/05_02	A
Design Drawing: Indicative Overhead Line Profiles XC	DCO_DE/PS/06_01	A
Design Drawing: Indicative Overhead Line Profiles XC	DCO_DE/PS/06_02	A
Design Drawing: Indicative Overhead Line Profiles XC	DCO_DE/PS/06_03	A
Design Drawing: Indicative Overhead Line Profiles XC	DCO_DE/PS/06_04	A
Design Drawing: Indicative Overhead Line Profiles XC	DCO_DE/PS/06_05	A
Design Drawing: Indicative Overhead Line Profiles XC	DCO_DE/PS/06_06	A
Design Drawing: Indicative Overhead Line Profiles XC	DCO_DE/PS/06_07	A
Design Drawing: Indicative Overhead Line Profiles XC	DCO_DE/PS/06_08	A
Design Drawing: Indicative Overhead Line Profiles XC	DCO_DE/PS/06_09	A
Design Drawing: Indicative Overhead Line Profiles XC	DCO_DE/PS/06_10	A
Design Drawing: Indicative Overhead Line Profiles XC	DCO_DE/PS/06_11	A
Design Drawing: Indicative Overhead Line Profiles XC	DCO_DE/PS/06_12	A
Design Drawing: Indicative Overhead Line Profiles XC	DCO_DE/PS/06_13	A
Design Drawing: Indicative Overhead Line Profiles XC	DCO_DE/PS/06_14	A
Design Drawing: Indicative Overhead Line Profiles XD	DCO_DE/PS/07_01	A
Design Drawing: Indicative Overhead Line Profiles XD	DCO_DE/PS/07_02	A
Design Drawing: Indicative Overhead Line Profiles 4YS	DCO_DE/PS/08_01	A
Design Drawing: Indicative Overhead Line Profiles Temporary Alignment XCP	DCO_DE/PS/09_01	A
Design Drawing: Indicative Overhead Line Profiles Temporary Alignment XC	DCO_DE/PS/10_01	A
Design Drawing: Indicative Overhead Line Profiles Temporary Alignment XC	DCO_DE/PS/10_02	A
Design Drawing: Indicative Overhead Line Profiles Temporary Alignment XD	DCO_DE/PS/11_01	A
Design Drawing: Indicative Overhead Line Profiles Temporary Alignment YR	DCO_DE/PS/12_01	A
Design Drawing: Indicative Maximum And Minimum Lattice Pylon Heights	DCO_DE/PS/13_01	A
Design Drawing: Substation Parameter Plan - Overton	DCO_DE/PS/14_01	B
Design Drawing: Indicative Substation Layout - Overton	DCO_DE/PS/14_02	B
Design Drawing: Indicative Substation Elevation - Overton	DCO_DE/PS/14_03	B
Design Drawing: Substation Parameter Plan - Monk Fryston	DCO_DE/PS/15_01	B
Design Drawing: Indicative Substation Layout - Monk Fryston	DCO_DE/PS/15_02	B
Design Drawing: Indicative Substation Elevation - Monk Fryston	DCO_DE/PS/15_03	B
Design Drawing: Substation Parameter Plan - Osbaldwick	DCO_DE/PS/16_01	B
Design Drawing: Indicative Substation Layout - Osbaldwick	DCO_DE/PS/16_02	B
Design Drawing: Indicative Substation Elevation - Osbaldwick	DCO_DE/PS/16_03	B
Design Drawing: Parameter Plan For Shipton North 400kv Cable Sealing End Compound	DCO_DE/PS/17_01	C
Design Drawing: Indicative Cable Sealing End Compound Layout - Shipton North 400kv Cable Sealing End Compound	DCO_DE/PS/17_02	C
Design Drawing: Indicative Cable Sealing End Compound Elevation - Shipton North 400kv Cable Sealing End Compound	DCO_DE/PS/17_03	C
Design Drawing: Parameter Plan For Shipton South 400kv Cable Sealing End Compound	DCO_DE/PS/18_01	C
Design Drawing: Indicative Cable Sealing End Compound Layout - Shipton South 400kv Cable Sealing End Compound	DCO_DE/PS/18_02	C
Design Drawing: Indicative Cable Sealing End Compound Elevation - Shipton South 400kv Cable Sealing End Compound	DCO_DE/PS/18_03	C
Design Drawing: Parameter Plan For Tadcaster West 275kv Cable Sealing End Compound	DCO_DE/PS/19_01	B
Design Drawing: Indicative Cable Sealing End Compound Layout - Tadcaster West 275kv Cable Sealing End Compound	DCO_DE/PS/19_02	B
Design Drawing: Indicative Cable Sealing End Compound Elevation - Tadcaster West 275kv Cable Sealing End Compound	DCO_DE/PS/19_03	B
Design Drawing: Parameter Plan For Tadcaster East 275kv Cable Sealing End Compound	DCO_DE/PS/20_01	B
Design Drawing: Indicative Cable Sealing End Compound Layout - Tadcaster East 275kv Cable Sealing End Compound	DCO_DE/PS/20_02	B
Design Drawing: Indicative Cable Sealing End Compound Elevation - Tadcaster East 275kv Cable Sealing End Compound	DCO_DE/PS/20_03	B
Design Drawing: Indicative Earthworks Layout - Overton	DCO_DE/PS/21_01	A
Design Drawing: Indicative Earthworks Long Sections - Overton	DCO_DE/PS/21_02	A
Design Drawings: Indicative Earthworks Layout - Monk Fryston	DCO_DE/PS/22_01	A
Design Drawings: Indicative Earthworks Long Sections - Monk Fryston	DCO_DE/PS/22_02	A

PART 3 — EXTINGUISHMENT OF EASEMENTS, SERVITUDES AND OTHER PRIVATE RIGHTS PLANS

Drawing Title	Drawing Number	Revision
Master key to section identification plan for extinguishment of easements, servitudes and other private rights plan	DCO_MKP/EX/01	B
Extinguishment of easements, servitudes and other private rights key plan	DCO_D/EX/KP/01	A
Extinguishment of easements, servitudes and other private rights plan	DCO_D/EX/PS/01	A
Extinguishment of easements, servitudes and other private rights plan	DCO_D/EX/PS/02	A

PART 4 — LAND PLAN

Drawing Title	Drawing Number	Revision
Land Key Plan	DCO_A/LP/KP/01	A
Land Plan	DCO_A/LP/PS/01	B
Land Key Plan	DCO_B/LP/KP/01	B
Land Plan	DCO_B/LP/PS/01	D
Land Plan	DCO_B/LP/PS/02	D
Land Plan	DCO_B/LP/PS/03	D
Land Plan	DCO_B/LP/PS/04	D
Land Plan	DCO_B/LP/PS/05	D
Land Key Plan	DCO_C/LP/KP/01	A
Land Plan	DCO_C/LP/PS/01	C
Land Plan	DCO_C/LP/PS/02	C
Land Plan	DCO_C/LP/PS/03	C
Land Plan	DCO_C/LP/PS/04	C
Land Plan	DCO_C/LP/PS/05	C
Land Plan	DCO_C/LP/PS/06	C
Land Plan	DCO_C/LP/PS/07	C
Land Plan	DCO_C/LP/PS/08	C
Land Plan	DCO_C/LP/PS/09	C
Land Key Plan	DCO_D/LP/KP/01	A
Land Plan	DCO_D/LP/PS/01	B
Land Plan	DCO_D/LP/PS/02	B
Land Key Plan	DCO_E/LP/KP/01	A
Land Plan	DCO_E/LP/PS/01	B
Land Plan	DCO_E/LP/PS/02	B
Land Plan	DCO_E/LP/PS/03	B
Land Plan	DCO_E/LP/PS/04	B
Land Plan	DCO_E/LP/PS/05	B
Land Plan	DCO_E/LP/PS/06	B
Land Plan	DCO_E/LP/PS/07	B
Land Key Plan	DCO_F/LP/KP/01	A
Land Plan	DCO_F/LP/PS/01	B

PART 5 — OUTLINE LANDSCAPE MITIGATION STRATEGY

Drawing Title	Drawing Number	Revision
5.4.3 ES Chapter 3: Description of the Project Figure 3.10 Outline Landscape Mitigation Strategy (Overton)	DCO/OLMP/3.10	C
5.4.3 ES Chapter 3: Description of the Project Figure 3.11 Outline Landscape Mitigation Strategy (Tadcaster)	DCO/OLMP/3.11	C
5.4.3 ES Chapter 3: Description of the Project Figure 3.12 Outline Landscape Mitigation Strategy (Monk Fryston)	DCO/OLMP/3.12	C

PART 6 — TRAFFIC REGULATION ORDER PLAN

Drawing Title	Drawing Number	Revision
Traffic Regulations Order Key Plan	DCO_A/TRO/KP/01	A
Traffic Regulations Order Plan	DCO_A/TRO/PS/01	A
Traffic Regulations Order Key Plan	DCO_B/TRO/KP/01	B
Traffic Regulations Order Plan	DCO_B/TRO/PS/01	B
Traffic Regulations Order Plan	DCO_B/TRO/PS/02	B
Traffic Regulations Order Plan	DCO_B/TRO/PS/03	B
Traffic Regulations Order Plan	DCO_B/TRO/PS/04	B
Traffic Regulations Order Plan	DCO_B/TRO/PS/05	B
Traffic Regulations Order Key Plan	DCO_C/TRO/KP/01	A
Traffic Regulations Order Plan	DCO_C/TRO/PS/01	A
Traffic Regulations Order Plan	DCO_C/TRO/PS/02	A
Traffic Regulations Order Plan	DCO_C/TRO/PS/03	A
Traffic Regulations Order Plan	DCO_C/TRO/PS/04	A
Traffic Regulations Order Plan	DCO_C/TRO/PS/05	A
Traffic Regulations Order Plan	DCO_C/TRO/PS/06	A
Traffic Regulations Order Plan	DCO_C/TRO/PS/07	A
Traffic Regulations Order Plan	DCO_C/TRO/PS/08	A
Traffic Regulations Order Plan	DCO_C/TRO/PS/09	A
Traffic Regulations Order Key Plan	DCO_D/TRO/KP/01	A
Traffic Regulations Order Plan	DCO_D/TRO/PS/01	A
Traffic Regulations Order Plan	DCO_D/TRO/PS/02	A
Traffic Regulations Order Key Plan	DCO_E/TRO/KP/01	A
Traffic Regulations Order Plan	DCO_E/TRO/PS/01	A
Traffic Regulations Order Plan	DCO_E/TRO/PS/02	A
Traffic Regulations Order Plan	DCO_E/TRO/PS/03	A
Traffic Regulations Order Plan	DCO_E/TRO/PS/04	A
Traffic Regulations Order Plan	DCO_E/TRO/PS/05	A
Traffic Regulations Order Plan	DCO_E/TRO/PS/06	A
Traffic Regulations Order Plan	DCO_E/TRO/PS/07	A
Traffic Regulations Order Key Plan	DCO_F/TRO/KP/01	A
Traffic Regulations Order Plan	DCO_F/TRO/PS/01	A

PART 7 — WORKS PLAN

Drawing Title	Drawing Number	Revision
Works Key Plan	DCO_A/WO/KP/01	A
Works Plan	DCO_A/WO/PS/01	B
Works Key Plan	DCO_B/WO/KP/01	B
Works Plan	DCO_B/WO/PS/01	C
Works Plan	DCO_B/WO/PS/02	C
Works Plan	DCO_B/WO/PS/03	C
Works Plan	DCO_B/WO/PS/04	C
Works Plan	DCO_B/WO/PS/05	C
Works Key Plan	DCO_C/WO/KP/01	A
Works Plan	DCO_C/WO/PS/01	C
Works Plan	DCO_C/WO/PS/02	C
Works Plan	DCO_C/WO/PS/03	C
Works Plan	DCO_C/WO/PS/04	C
Works Plan	DCO_C/WO/PS/05	C
Works Plan	DCO_C/WO/PS/06	C
Works Plan	DCO_C/WO/PS/07	C
Works Plan	DCO_C/WO/PS/08	C
Works Plan	DCO_C/WO/PS/09	C
Works Key Plan	DCO_D/WO/KP/01	A
Works Plan	DCO_D/WO/PS/01	C
Works Plan	DCO_D/WO/PS/02	C
Works Key Plan	DCO_E/WO/KP/01	A
Works Plan	DCO_E/WO/PS/01	C
Works Plan	DCO_E/WO/PS/02	C
Works Plan	DCO_E/WO/PS/03	C
Works Plan	DCO_E/WO/PS/04	C
Works Plan	DCO_E/WO/PS/05	C
Works Plan	DCO_E/WO/PS/06	C
Works Plan	DCO_E/WO/PS/07	C
Works Key Plan	DCO_F/WO/KP/01	A
Works Plan	DCO_F/WO/PS/01	B

PART 8 — ENVIRONMENTAL STATEMENT DOCUMENTS

Document title	Document number	Version
ES Non Technical Summary	5.1	A
ES Chapter 1 Introduction	5.2.1	A
ES Chapter 2 Project Need and Alternatives	5.2.2	A
ES Chapter 3 Description of the Project	5.2.3	A
ES Chapter 4 Approach to preparing the ES	5.2.4	A
ES Chapter 5 Legislative and Policy Overview	5.2.5	A
ES Chapter 6 Landscape and Visual	5.2.6	A
ES Chapter 7 Historic Environment	5.2.7	A
ES Chapter 8 Biodiversity	5.2.8	A
ES Chapter 9 Hydrology	5.2.9	A
ES Chapter 10 Geology and Hydrogeology	5.2.10	A
ES Chapter 11 Agriculture and Soils	5.2.11	A
ES Chapter 12 Traffic and Transport	5.2.12	A
ES Chapter 13 Air Quality	5.2.13	A
ES Chapter 14 Noise and Vibration	5.2.14	A
ES Chapter 15 Health and Wellbeing	5.2.15	A
ES Chapter 16 Socio economics	5.2.16	A
ES Chapter 17 Climate Change	5.2.17	A
ES Chapter 18 Cumulative Effects	5.2.18	A
Environmental Statement Errata Document	5.2.19	E
Environmental Statement Addendum	5.2.22	B
Appendix 1A Details of Experts and their Experience.pdf	5.3.1A	A
Appendix 2A Our Approach to Consenting (National Grid)	5.3.2A	A
Appendix 2B Our Approach to Options Appraisal (National Grid)	5.3.2B	A
Appendix 3A Embedded Measures Schedule	5.3.3A	C
Appendix 3B Code of Construction Practice	5.3.3B	E
Appendix 3C Archaeological Written Scheme of Investigation	5.3.3C	A
Appendix 3D Biodiversity Mitigation Strategy	5.3.3D	B
Appendix 3E Outline Soil Management Plan	5.3.3E	B
Appendix 3F Construction Traffic Management Plan	5.3.3F	D
Appendix 3G Public Rights of Way Management Plan	5.3.3G	B
Appendix 3H Noise and Vibration Management Plan	5.3.3H	B
Appendix 3I Arboricultural Impact Assessment (Part 1 of 3)	5.3.3I (Part 1 of 3)	D
Appendix 3I Arboricultural Impact Assessment (Part 2 of 3)	5.3.3I (Part 2 of 3)	D
Appendix 3I Arboricultural Impact Assessment (Part 3 of 3)	5.3.3I (Part 3 of 3)	D
Appendix 4A Scoping Opinion	5.3.4A	A
Appendix 4B Transboundary Screening Matrix	5.3.4B	A
Appendix 5A (No Appendices)	5.3.5A	A
Appendix 6A EIA Scoping Opinion Responses on Landscape and Visual Assessment	5.3.6A	A
Appendix 6B Technical Engagement on Landscape and Visual Assessment	5.3.6B	A
Appendix 6C Landscape and Visual Impact Assessment Methodology	5.3.6C	A
Appendix 6D Landscape Character Baseline	5.3.6D	A
Appendix 6E Landscape Character Sensitivity Assessment	5.3.6E	A
Appendix 6F Landscape Character Receptor Assessment	5.3.6F	A
Appendix 6G Visual Receptor Assessment	5.3.6G	A
Appendix 6H Viewpoint Assessment	5.3.6H	A
Appendix 7A Historic Environment Desk Based Assessment	5.3.7A	A
Appendix 7B Overton Geophysical Survey Results (Plan Only)	5.3.7B	A
Appendix 7C Monk Fryston Geophysical Survey Results (Plan Only)	5.3.7C	A
Appendix 7D Tadcaster Geophysical Survey (Report)	5.3.7D	A
Appendix 7E Trial Trenching at Overton Substation and Monk Fryston Substation	5.3.7E	A
Appendix 7F Technical Note for Beningbrough Hall	5.3.7F	A
Appendix 7G Technical Note for Scheduled Monument at Lead	5.3.7G	A
Appendix 7H Watching Brief on SI works at Marston Moor	5.3.7H	A
Appendix 7I Shipton Geophysical Survey Report	5.3.7I	B
Appendix 7J Tadcaster Geophysical Survey Results (Plan Only)	5.3.7J	A
Appendix 8A Scoping of Assessment Summary	5.3.8A	A
Appendix 8B Extended Phase 1 Habitat Survey Report	5.3.8B	D
Appendix 8C CONFIDENTIAL Badger Survey Report	5.3.8C	A
Appendix 8D Otter and Water Vole Survey Report	5.3.8D	A
Appendix 8E 2021 Wintering Birds Survey Report	5.3.8E	A
Appendix 8F 2021-2022 Wintering Birds Survey Report	5.3.8F	A
Appendix 8G CONFIDENTIAL Schedule 1 Breeding Bird Survey Report	5.3.8G	A
Appendix 8H Bat Survey Report	5.3.8H	B
Appendix 8I GCN District Level Licensing Impact Assessment and Conservation Payment Certificate	5.3.8I	A
Appendix 8J Confidential Schedule 1 Bird Survey Information	5.3.8J	A
Appendix 9A Conservation Sites Screening	5.3.9A	A
Appendix 9B WFD Waterbody Status and Objectives	5.3.9B	A
Appendix 9C Infrastructure Located in WFD Waterbody	5.3.9C	A
Appendix 9D Flood Risk Assessment	5.3.9D	B
Appendix 10A Walkover Survey Records	5.3.10A	A
Appendix 10B Assessment of Physical Effects on Ground Water (Focus Areas)	5.3.10B	A
Appendix 10C Extracts from Unexploded Ordnance (UXO) Reports	5.3.10C	A
Appendix 10D Hydrogeology Water Framework Directive (WFD) Assessment	5.3.10D	A
Appendix 10E Factual Report on Ground Investigation (Socotec 2022)	5.3.10E	A
Appendix 11A Agricultural Land Classification for Shipton North and South CSEC Area	5.3.11A	A
Appendix 11B Agricultural Land Classification for Overton Substation	5.3.11B	A
Appendix 11C Agricultural Land Classification for Tadcaster CSECs	5.3.11C	A
Appendix 11D Agricultural Land Classification for Monk Fryston Substation	5.3.11D	A
Appendix 12A Traffic Modelling Tables	5.3.12A	A
Appendix 13A IAQM Construction Dust Assessment Methodology Tables	5.3.13A	A
Appendix 14A Baseline Noise Report	5.3.14A	A
Appendix 14B Construction Plant and Activity Assumptions	5.3.14B	A
Appendix 14C Construction Modelling Results	5.3.14C	A
Appendix 14D Acoustic Screening Strategy	5.3.14D	A
Appendix 14E Overhead Line Noise Assessment	5.3.14E	A
Appendix 14F National Grid Policy Statement PS(T)134 (2021)	5.3.14F	A
Appendix 14G National Grid Technical Report TR(E)564 (2021)	5.3.14G	A
Appendix 14H National Grid Technical Guidance Note TGN(E)322 (2021)	5.3.14H	A
Appendix 15A (No Appendices)	5.3.15A	A
Appendix 16A (No Appendices)	5.3.16A	A
Appendix 17A (No Appendices)	5.3.17A	A
Appendix 18A Cumulative Effects Assessment Long List of Other Developments	5.3.18A	C
ES Chapter 1 Introduction Figures	5.4.1	A
ES Chapter 2 Project Need and Alternatives Figures	5.4.2	A
ES Chapter 3 Description of the Project Figures	5.4.3	E
ES Chapter 4 Approach to preparing the ES Figures (No Figures)	5.4.4	A
ES Chapter 5 Legislative and Policy Overview Figures (No Figures)	5.4.5	A
ES Chapter 6 Landscape and Visual Figures (Part 1 of 15)	5.4.6 (Part 1 of 15)	B
ES Chapter 6 Landscape and Visual Figures (Part 2 of 15)	5.4.6 (Part 2 of 15)	A
ES Chapter 6 Landscape and Visual Figures (Part 3 of 15)	5.4.6 (Part 3 of 15)	A
ES Chapter 6 Landscape and Visual Figures (Part 4 of 15)	5.4.6 (Part 4 of 15)	A
ES Chapter 6 Landscape and Visual Figures (Part 5 of 15)	5.4.6 (Part 5 of 15)	A
ES Chapter 6 Landscape and Visual Figures (Part 6 of 15)	5.4.6 (Part 6 of 15)	A
ES Chapter 6 Landscape and Visual Figures (Part 7 of 15)	5.4.6 (Part 7 of 15)	A
ES Chapter 6 Landscape and Visual Figures (Part 8 of 15)	5.4.6 (Part 8 of 15)	A
ES Chapter 6 Landscape and Visual Figures (Part 9 of 15)	5.4.6 (Part 9 of 15)	A
ES Chapter 6 Landscape and Visual Figures (Part 10 of 15)	5.4.6 (Part 10 of 15)	A
ES Chapter 6 Landscape and Visual Figures (Part 11 of 15)	5.4.6 (Part 11 of 15)	A
ES Chapter 6 Landscape and Visual Figures (Part 12 of 15)	5.4.6 (Part 12 of 15)	A
ES Chapter 6 Landscape and Visual Figures (Part 13 of 15)	5.4.6 (Part 13 of 15)	A
ES Chapter 6 Landscape and Visual Figures (Part 14 of 15)	5.4.6 (Part 14 of 15)	A
ES Chapter 6 Landscape and Visual Figures (Part 15 of 15)	5.4.6 (Part 15 of 15)	A
ES Chapter 7 Historic Environment Figures	5.4.7	A
ES Chapter 8 Biodiversity Figures (Part 1 of 2)	5.4.8 (Part 1 of 2)	C
ES Chapter 8 Biodiversity Figures (Part 2 of 2)	5.4.8 (Part 2 of 2)	C
ES Chapter 9 Hydrology Figures (Part 1 of 2)	5.4.9 (Part 1 of 2)	B
ES Chapter 9 Hydrology Figures (Part 2 of 2)	5.4.9 (Part 2 of 2)	B
ES Chapter 10 Geology and Hydrogeology Figures	5.4.10	A
ES Chapter 11 Agriculture and Soils Figures	5.4.11	A
ES Chapter 12 Traffic and Transport Figures	5.4.12	B
ES Chapter 13 Air Quality Figures	5.4.13	A
ES Chapter 14 Noise and Vibration Figures	5.4.14	A
ES Chapter 15 Health and Wellbeing Figures	5.4.15	A
ES Chapter 16 Socio economics Figures	5.4.16	A
ES Chapter 17 Climate Change Figures (No Figures)	5.4.17	A
ES Chapter 18 Cumulative Effects Figures	5.4.18	B

SCHEDULE 3 — REQUIREMENTS

Interpretation

1

• (1) In this Schedule unless the context requires otherwise—

• “commence” means the carrying out of a material operation, as defined in section 155 (when development begins) of the 2008 Act, comprised in or carried out for the purposes of the authorised development, but does not include any pre-commencement works;

• “the core working hours” means the core hours within which construction works may be undertaken as described in paragraphs (1) and (2) of requirement 7 (construction hours).

• “mean high water level” means the average height of the high water level over a period of time;

• “pre-commencement works” meansarchaeological investigations and mitigation works;environmental surveys and monitoring;environmental mitigation works;investigations for the purpose of assessing and monitoring ground conditions and levels;remedial work in respect of any contamination or other adverse ground conditions;erection of any temporary means of enclosure;temporary hard standing;receipt and erection of construction plant and equipment;diversion and laying of underground apparatus and utilities;protection works comprising utilities protection works or fencing and protection slabs;site clearance;temporary construction compound set-up; andthe temporary display of site notices or advertisements;

• “relevant drainage authority” means the drainage authority or the Lead Local Flood Authority for the area to which the relevant works relate;

• “stage” means a defined stage of the authorised development, as described in a scheme submitted to the relevant planning authority pursuant to requirement 4 (stages of authorised development);