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

Type Statutory-Instrument

Publication 2024-03-14

Last updated 2024-06-12

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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articles 1

Reform history JSON API

“start up and close down activities” means general works that will not create an audible disturbance to local residents, including but not restricted to—arrival and departure of workforce and staff at site and movement to and from places of work;general refuelling of plant;site inspections and safety checks;site meetings (daily briefings and quiet inspections/walkovers);site clean-up (site housekeeping that does not require the use of plant);general site maintenance; andlow key maintenance and safety checking of plant and machinery; and

“Travellers’ Encampment” means plots E7-34 and E7-40 as shown on the land plan to the extent and for the duration that these plots are occupied as a travellers’ encampment.

(2) Where under this Schedule the approval or agreement of the highway authority or the relevant planning authority is required, that approval must be given in writing.

(3) Where an approval is required under this Schedule or a document referred to in a Requirement, or any Requirement specifies “unless otherwise approved”, “unless otherwise agreed” or “that may subsequently be approved” by the highway authority or the relevant planning authority such approval or agreement may only be given where it has been demonstrated to the satisfaction of the highway authority or the relevant planning authority that the subject matter of the approval or agreement sought is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.

(4) Where this Schedule requires the authorised development to be carried out in accordance or general accordance with the details approved by the highway authority or by the relevant planning authority, the approved details are to be taken to include any amendments that may subsequently be approved in writing by the highway authority or by the relevant planning authority.

Time limits

2

(1) The authorised development must be commenced within 5 years of the date of this Order.

(2) If any proceedings are begun to challenge the validity of this Order, the period specified in paragraph (1) is extended by —

(a) a period equivalent to the period beginning with the day the application is made and ending on the day it is withdrawn or finally determined, or

(b) if shorter, one year.

(3) An application is not finally determined for the purposes of paragraph (2)(a) if an appeal in respect of the application—

(a) could be brought (ignoring any possibility of an appeal out of time with permission), or

(b) has been made and not withdrawn or finally determined.

Design drawings

3

(1) The authorised development must be carried out in generalaccordance with the design drawings.

(2) The authorised development will not be in general accordance with the design drawings to the extent that any departure from the design drawings gives rise to any materially new or materially different environmental effects from those assessed in the environmental statement.

Stages of authorised development

4

(1) The authorised development may not commence until a written scheme setting outthe stages of the authorised development has been submitted to the relevantplanning authority, which scheme may subsequently be amended from time to time as notified to the relevant planning authority.

(2) The authorised development must be constructed in accordance with the written scheme setting out the stages of the authorised development submitted under paragraph (1).

Construction management plans

5

(1) All construction works for the authorised development must be carried out in accordancewith the construction management plans referred to in paragraph (2), unless otherwise agreed with the relevant planning authority or the highwayauthority, as may be appropriate to the relevant plan, scheme or strategy concerned.

(2) The construction management plans, which specify the measures to be used to minimise the impacts of construction works, are the following plans, schemes and strategies—

(a) the code of construction practice;

(b) the archaeological written scheme of investigation;

(d) the construction traffic management plan;

(e) the public rights of way management plan; and

(f) the noise and vibration management plan.

(3) For the avoidance of doubt, all pre-commencement works must be carried out in accordance with the construction management plans and the outline soil management plan.

Construction management plans to be approved

6

(1) No stage of the authorised development may commence until, for that stage, thefollowing plans, schemes and strategies as relevant to that stage to minimise the impacts of construction works have beensubmitted to and approved by the relevant planning authority—

(a) soil and aftercare management plan;

(b) drainage management plan;

(d) lighting scheme;

(e) emergency response plan for flood events;

(f) site waste management plan; and

(g) tree and hedgerow protection strategy.

(2) The plans, schemes and strategies referred to in paragraph (1) to be submitted for approval must accord with the relevant plans, schemes and strategies referred to in requirement 5 (construction management plans) and in the case of the soil and aftercare management plan must be substantially in accordance with the outline soil management plan.

(3) The construction works for each stage of the authorised development and mitigation works to minimise the impact of construction must be carried out in accordance with the approved plans, schemes and strategies referred to in paragraph (1) or with any amended plans, schemes or strategies that may subsequently be approved by the relevant planning authority.

(4) The drainage management plan referred to in paragraph (1)(b) must contain written details of the surface and foul water drainage system (including means of pollution control and details of maintenance arrangements where required) for both permanent and temporary works, and any surface or foul water drainage system must be constructed and maintained in accordance with the details approved by the relevant planning authority under paragraph (1), following consultation with the relevant drainage authority.

(5) The lighting scheme referred to in paragraph 1(d) must contain written details of the temporary and permanent external lighting to be installed, and any external lighting must be installed in accordance with the details approved by the relevant planning authority under paragraph (1).

Construction hours

7

(1) Subject to paragraphs (2) and (3) construction works may only take place between 0700 and 1900 Mondays to Fridays and between 0800 and 1700 on Saturdays, Sundays and Bank Holidays.

(2) Piling operations must take place only between 0800 and 1700 on Mondays to Fridays and 0900 to 1400 on Saturdays.

(3) The following operations may take place outside the core working hours referred to in paragraph (1) and (2)—

(a) the jointing of underground cables, with the exception of cable cutting which must take place only during core working hours;

(b) installation and removal of conductors, pilot wires and associated protective netting across highways, railway lines or watercourses;

(d) any highway works requested by the relevant highway authority to be undertaken on a Saturday or a Sunday or outside the core working hours;

(e) oil processing of transformers or reactors in substation sites;

(f) the testing or commissioning of any electrical plant installed as part of the authorised development;

(g) the completion of works delayed or held up by severe weather conditions which disrupted or interrupted normal construction activities;

(h) start up and close down activities, which may take place one hour immediately prior to or one hour immediately after the core working hours; and

(i) security monitoring.

Landscaping at Overton, Tadcaster and Monk Fryston

8

(1) Unless otherwise agreed with the relevant planning authority, no stage of the authorised development in connection with the non-linear works at Overton, Tadcaster and Monk Fryston may commence until, where relevant for that stage, a landscape strategy that accords with the outline landscape mitigation strategy has been submitted to and approved by the relevant planning authority.

(2) The landscape strategy submitted under paragraph (1) must include details appropriate for the relevant stage, including—

(a) the location of planting and a schedule of plants noting quantities, species, size and planting density of any proposed planting or seeding;

(b) cultivation, importing of materials and other operations to ensure plant and seed establishment;

(c) details of the five year maintenance regime, including monitoring and management, and the management regime for any woodland planting in years six to fifteen; and

(d) details of the design of the proposed levels and slope profiles of any permanent earthworks.

(3) The landscape strategy referred to in paragraph (1) must be implemented as approved, by no later than the first available planting season after the authorised development is first brought into operational use and carried out to a reasonable standard in accordance with the relevant recommendations of the appropriate British Standard or other recognised codes of good practice.

(4) Any landscape planting, including trees or shrubs planted as part of a landscape strategy that, within a period of five years after planting, is removed, dies or becomes in the opinion of the relevant planning authority seriously damaged or diseased, must be replaced in the first available planting season with a specimen of the same species and size as that originally planted, unless otherwise approved by the relevant planning authority.

Retention and protection of existing trees

9

(1) No stage of the authorised development may commence until, for that stage, a tree and hedgerow protection strategy (THPS) as referred to in requirement 6 (construction management plans to be approved) and prepared in accordance with the Arboricultural Impact Assessment report (Document 5.3.3I) and BS 5837:2012 (Trees in relation to design, demolition and construction) identifying the trees and groups of trees to be retained during that stage has been submitted to and approved by the relevant planning authority.

(2) The THPS referred to in paragraph (1) must include—

(a) tree protection plans detailing the alignment of temporary physical tree protection measures according to BS 5837:2012;

(b) a schedule of all proposed tree and hedgerow removal and management;

(d) details of an auditable system of compliance with the approved protection measures.

(3) The relevant stage of the authorised development must not commence until the approved protection measures referred to in paragraph (1) are in place, and they must thereafter be maintained during the construction of the relevant stage of the authorised development unless otherwise agreed in writing with the relevant planning authority.

Replacement planting

10

(1) Subject to paragraph (2), unless otherwise agreed with the relevant planning authority, no stage of the authorised development may commence until, where relevant for that stage, a replacement planting scheme in accordance with the principles contained in the code of construction practice which replaces the trees and hedgerows identified to be removed in the tree and hedgerow protection strategy approved under Requirement 9 (retention and protection of existing trees), has been submitted to and approved by the relevant planning authority.

(2) Paragraph (1) does not apply in connection with the non-linear works at Overton, Tadcaster and Monk Fryston to the extent that replacement planting is included in the landscape strategy under Requirement 8 (landscaping at Overton, Tadcaster and Monk Fryston).

(3) The scheme for replacement planting submitted under paragraph (1) must include details appropriate for the relevant stage, including—

(a) the location of planting and a schedule of plants noting quantities, species, size and planting density of any proposed planting or seeding;

(b) cultivation, importing of materials and other operations to ensure plant and seed establishment; and

(4) The scheme for replacement planting referred to in paragraph (1) must be implemented as approved, by no later than the first available planting season after the authorised development is first brought into operation use and carried out to a reasonable standard in accordance with the relevant recommendations of the appropriate British Standard or other recognised codes of good practice.

(5) Any replacement planting, including trees and hedgerows planted as part of an approved replacement planting scheme that, within a period of five years after planting, is removed, dies or becomes in the opinion of the relevant planning authority seriously damaged or diseased, must be replaced in the first available planting season with a specimen of the same species and size as that originally planted, unless otherwise approved by the relevant planning authority.

Reinstatement schemes

11

(1) Subject to paragraph (2), any land within the Order limits which is usedtemporarily for construction is to be reinstated to its former condition, or such condition as therelevant planning authority may approve, within twelve months of completion of construction ofthe stage of authorised development for which it was required, or such further time as may beapproved by the relevant planning authority.

(2) The requirement to reinstate the land to its former condition is subject to the provisions of articles 36 (temporary use of land by National Grid), 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).

Contamination of land or groundwater and controlled waters

12

(1) If during any stage of the authorised development, contamination within the Order limits is identified as a result of the confirmatory ground investigations or unexpected contamination discovery procedures described in chapter 10, Geology and Hydrogeology, of the environmental statement (Document 5.4.10) and the code of construction practice, and this contamination is considered to present a significant possibility of significant harm to persons or pollution of controlled waters or the environment then, except in the case of emergency, no further development in the vicinity of the contamination may be carried out until a written scheme to identify the extent of the contamination and any mitigation or remedial measures to be taken to render the land fit for its intended purpose has been submitted to and approved by the relevant planning authority, following consultation with the Environment Agency.

(2) Should mitigation or remedial measures be required then they must be carried out in accordance with the approved scheme referred to in paragraph (1) and, if remedial measures are required, their implementation and validation documented in a verification report submitted to the planning authority.

(3) In this requirement (contamination of land or groundwater and controlled waters), “controlled waters” has the same meaning as in Part 2A of the Environmental Protection Act 1990[^f00081].

Removal of temporary bridges and culverts

13

Any temporary bridge or culvert required in connection with any stage of the authorised development must be removed within twelve months of completion of the construction of that stage of authorised development for which it was required, or such further time that may subsequently be approved by the relevant planning authority, after consultation with the Environment Agency or the relevant drainage authority as appropriate.

Highway works

14

(1) No work to construct or temporarily alter any new or existing means of access to ahighway to be used by vehicular traffic may commence until written details of the design andlayout of that means of access has been submitted to and approved by the relevant highway authority.

(2) The highway accesses must be constructed in accordance with the details approved under paragraph (1) unless otherwise agreed in writing with the relevant highway authority.

Removal of existing overhead line

15

All sections of existing overhead line to be dismantled must be removed no later than 12 months after the authorised development is first brought into operational use unless otherwise agreed in writing with the relevant planning authority.

Decommissioning

16

(1) In the event that, at some future date, the authorised development, or any part of it, is tobe decommissioned, a written scheme of decommissioning must be submitted for approval by therelevant planning authority at least six months prior to any decommissioning works.

(2) The approved scheme must be implemented as approved following the decommissioning of the authorised development or relevant part of it.

(3) This requirement (decommissioning) does not apply to the authorised development and associated development described in Schedule 1 (authorised development) for the dismantling and removal of existing infrastructure or apparatus.

Clearance over the River Ouse

17

No part of any overhead electric line shall be installed or maintained directly above the River Ouse at a height of less than 10 metres above the mean high water level of that river.

Approval of details having regard to the Design Approach to Site Specific Infrastructure

18

(1) Any permanent buildings (including relocated buildings) and the acoustic enclosures at—

(a) Overton Substation; and

(b) Monk Fryston Substation,

must not be commenced until details of the external colour and surface finish of the permanent buildings and the external colour of the acoustic enclosures have been submitted to and approved by the relevant planning authority.

(2) Any permanent site security fencing for a non-linear work at

(a) Shipton Tee Cable Sealing End Compounds;

(b) Overton Substation;

(d) Monk Fryston Substation,

must not be commenced until details of the colour or type of the fencing, which must comply with Technical Specification TS2.10.02 Perimeter Security, has been submitted to and approved by the relevant planning authority.

(3) Any details to be approved under paragraphs (1) and (2) must be produced having regard to the design approach to site specific infrastructure and must be implemented as approved.

Site specific mitigation scheme

19

(1) No part of Work No. 10 that affects the Travellers’ Encampment may commence until a scheme to mitigate the impacts of construction activities arising from those works, including noise, dust, vibration, and visual effects (including from lighting), has been submitted to and approved in writing by the relevant planning authority.

(2) The scheme referred to in paragraph (1) must include the approach to liaison for the Travellers’ Encampment during the construction period.

(3) In the event that significant effects of noise or vibration are identified on receptors SEL16 and SEL17 as shown within the Noise and Vibration Figures (Document 5.4.14), the scheme referred to in paragraph (1) must include mitigation measures to reduce the significant effects as far as practicable.

(4) The construction works for that part of Work No. 10 which affects the Travellers’ Encampment must be carried out in accordance with the approved scheme referred to in paragraph above, unless otherwise agreed with the relevant planning authority.

SCHEDULE 4 — DISCHARGE OF REQUIREMENTS

Applications made under requirements

1

(1) Where an application has been made to a relevant authority for any consent, agreement or approval required under Schedule 3 (requirements), the relevant authority must give notice to the undertaker of its decision on the application within a period of 35 days beginning with—

(a) where no further information is requested under paragraph 1(2), the day immediately following that on which the application is received by the authority;

(b) where further information is requested under paragraph 1(2), the day immediately following that on which further information has been supplied by the undertaker; or

(2) Where an application has been made under paragraph 1(1) the relevant authority may request such reasonable further information from the undertaker as it considers is necessary to enable it to consider the application.

(3) If the relevant authority considers further information is necessary and the Requirement does not specify that consultation with a requirement consultee is required, the relevant authority must, within 7 business days of receipt of the application, notify the undertaker in writing specifying the further information required.

(4) If the Requirement specifies that consultation with a requirement consultee is required, the relevant authority must issue the consultation to the requirement consultee within 3 business days of receipt of the application and must notify the undertaker in writing specifying any further information requested by the requirement consultee within 3 business days of receipt of such a request and in any event within 21 business days of receipt of the application.

(5) If the relevant authority does not give the notification mentioned in sub-paragraph (3) or (4) it is deemed to have sufficient information to consider the application and is not thereafter entitled to request further information without the prior agreement of the undertaker.

Fees

2

(1) Where an application is made to a relevant authority for any consent, agreement or approval required under Schedule 3 (requirements), a fee must be paid to the relevant authority as follows—

(a) a fee of £116 per request; or

(b) such other fee as may be prescribed (under sections 303 (fees for planning applications etc.) and 333(2A) (regulations and orders) of the 1990 Act for the discharge of conditions attached to a planning permission).

(2) Any fee paid under this Schedule must be refunded to the undertaker within 35 days of—

(a) the application being rejected as invalidly made; or

(b) the relevant authority failing to determine the application within the decision period as determined under paragraph 1, unless within that period the undertaker agrees in writing that the fee may be retained by the relevant authority and credited in respect of a future application.

Appeals

3

(1) The undertaker may appeal if—

(a) the relevant authority refuses an application for any consent, agreement or approval required by—

(i) a Requirement and any document referred to in any Requirement; or

(ii) any other consent, agreement or approval required under this Order, or grants it subject to conditions to which the undertaker objects;

(b) the relevant authority does not give notice of its decision to the undertaker within the period specified in paragraph 1(1) (applications made under requirements);

(c) having received a request for further information under paragraph 1(3) (applications made under requirements) the undertaker considers that either the whole or part of the specified information requested by the relevant authority is not necessary for consideration of the application; or

(d) having received any further information requested, the relevant authority notifies the undertaker that the information provided is inadequate and requests additional information which the undertaker considers is not necessary for consideration of the application.

(2) The procedure for appeals is as follows—

(a) the undertaker must submit to the Secretary of State a copy of the application submitted to the relevant authority and any supporting documents which the undertaker may wish to provide (“the appeal documents”);

(b) the undertaker must on the same day provide copies of the appeal documents to the relevant authority and the requirement consultee (if applicable);

(c) as soon as is practicable after receiving the appeals documents the Secretary of State must appoint a person to determine the appeal (“the appointed person”) and notify the appeal parties of the identity of the appointed person and the address to which all correspondence for the appointed person must be sent;

(d) the relevant authority and the requirement consultee (if applicable) may submit any written representations in respect of the appeal to the appointed person within 10 business days beginning with the first day immediately following the date on which the appeal parties are notified of the appointment of the appointed person and must ensure that copies of their written representations are sent to each other and to the undertaker on the day on which they are submitted to the appointed person;

(e) the appeal parties may make any counter-submissions to the appointed person within 10 business days beginning with the first day immediately following the date of receipt of written representations pursuant to paragraph (d) above; and

(f) the appointed person must make a decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable.

(3) If the appointed person considers that further information is necessary to consider the appeal, the appointed person must as soon as practicable notify the appeal parties in writing specifying the further information required, the appeal party from whom the information is sought, and the date by which the information must be submitted.

(4) Any further information required pursuant to sub-paragraph (3) must be provided by the party from whom the information is sought to the appointed person and to the other appeal parties by the date specified by the appointed person.

(5) The appeal parties may submit written representations to the appointed person concerning matters contained in the further information.

(6) Any such representations must be submitted to the appointed person and made available to all appeal parties within 10 business days of the date mentioned in sub-paragraph (3).

Outcome of appeals

4

(1) On an appeal under paragraph 3 (appeals), the appointed person may—

(a) allow or dismiss the appeal; or

(b) reverse or vary any part of the decision of the relevant authority (whether the appeal relates to that part of it or not) and may deal with the application as if it had been made to the appointed person in the first instance.

(2) The appointed person may proceed to a decision on an appeal taking into account only such written representations as have been sent within the time limits prescribed or set by the appointed person under this Schedule.

(3) The appointed person may proceed to a decision even though no written representations have been made within those time limits if it appears to the appointed person that there is sufficient material to enable a decision to be made on the merits of the case.

(4) The decision of the appointed person on an appeal is final and binding on the parties, and a court may entertain proceedings for questioning the decision only if the proceedings are brought by a claim for judicial review.

(5) Any consent, agreement or approval given by the appointed person pursuant to this Schedule is deemed to be an approval for the purpose of Schedule 3 (requirements) as if it had been given by the relevant authority.

(6) The relevant authority may confirm any determination given by the appointed person in identical form in writing but a failure to give such confirmation (or a failure to give it in identical form) does not affect or invalidate the effect of the appointed person’s determination.

(7) Except where a direction is given pursuant to sub-paragraph (8) requiring the costs of the appointed person to be paid by the relevant authority, the reasonable costs of the appointed person must be met by the undertaker.

(8) On application by the relevant authority or the undertaker, the appointed person may give directions as to the costs of the appeal parties and as to the parties by whom the costs of the appeal are to be paid.

(9) In considering whether to make any such direction as to the costs of the appeal parties and the terms on which it is made, the appointed person must have regard to the Planning Practice Guidance or any guidance which may from time to time replace it.

Interpretation of Schedule 4

5

In this Schedule—

“application” includes an application made in part or in full as the context so requires;

“the appeal parties” means the relevant authority, the requirement consultee and the undertaker;

“relevant authority” means the relevant planning authority, highway authority, street authority, Environment Agency, relevant drainage authority or relevant owner of a watercourse, sewer or drain as may be appropriate to the consent or approval sought; and

“requirement consultee” means any body named in a Requirement which is the subject of an appeal as a body to be consulted by the relevant authority in discharging that Requirement.

SCHEDULE 5 — BENEFIT OF THE ORDER RULES

NPG Works

1

NPG may not carry out the NPG Works under sub-paragraph (3)(a) of article 3 (development consent etc. granted by the Order) except in accordance with the written consent of National Grid, which may be granted subject to reasonable conditions.

2

If NPG fails to carry out any of the NPG Works in accordance with National Grid’s consent, National Grid may give NPG and the Secretary of State notice that National Grid intends to carry out the NPG Works.

3

On the date specified in any notice under paragraph (2) of this schedule—

(a) NPG is to cease to have the benefit of sub-paragraph (1) of article 3 (development consent etc. granted by the Order) and sub-paragraph (1) of article 6 (benefit of the Order);

(b) NPG is to cease to be an undertaker for the installation of the NPG Works but remains an undertaker for the purposes of keeping installed and maintaining the electric lines included in the NPG Works; and

(c) references to NPG in article 39 (temporary use of land for maintaining the authorised development) are to be read as including National Grid.

4

Where a notice is issued under paragraph (2), paragraph (3) does not affect the following insofar as they apply to NPG—

(a) the operation of the following articles of this Order—

(i) article 3(3)(b), (5) and (6);

(ii) article 4(2);

(iii) article 5;

(iv) article 6; and

(b) works done and actions undertaken prior to the date specified in that notice.

NGN Works

5

NGN may not carry out the NGN Works under sub-paragraph (4)(a) of article 3 (development consent etc. granted by the Order) except in accordance with the written consent of National Grid, which may be granted subject to reasonable conditions.

6

If NGN fails to carry out any of the NGN Works in accordance with National Grid’s consent, National Grid may give NGN and the Secretary of State notice that National Grid intends to carry out the NGN Works.

7

On the date specified in any notice under paragraph (6) of this schedule—

(a) NGN is to cease to have the benefit of sub-paragraph (1) of article 3 (development consent etc. granted by the Order) and sub-paragraph (1) of article 6 (benefit of the Order);

(b) NGN is to cease to be an undertaker for the installation of the NGN Works but remains an undertaker for the purposes of keeping installed the underground gas pipelines included in the NGN Works; and

(c) references to NGN in article 39 (temporary use of land for maintaining the authorised development) are to be read as including National Grid.

8

Where a notice is issued under paragraph (6), paragraph (7) does not affect the following insofar as they apply to NGN—

(a) the operation of the following articles of this Order—

(i) article 3(4)(b), (5) and (7);

(ii) article 4(2);

(iii) article 5;

(iv) article 6; and

(b) works done and actions undertaken prior to the date specified in that notice.

General

9

The exercise by NPG or NGN of any benefits or rights conferred on it by this Order is subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by National Grid.

10

Article 52 (arbitration) has effect in relation to any dispute under the terms of this schedule.

SCHEDULE 6 — STREETS SUBJECT TO STREET WORKS

(1) Authority	(2) Street subject to street works
City of York Council	Planville Lane
North Yorkshire Council/City of York Council	C92 (Corban Lane)
North Yorkshire Council	U1720 (ORPA)
North Yorkshire Council/City of York Council	A19 (Main Street)
North Yorkshire Council	U1724 (Overton Road)
North Yorkshire Council/City of York Council	U1724 (Stripe Lane)
City of York Council	Common Croft Lane
North Yorkshire Council	U3396 (Church Lane)
North Yorkshire Council	U3397 (Red House Lane)
North Yorkshire Council	A59 (Roman Road)
North Yorkshire Council	C283 (Marston Lane)
North Yorkshire Council	C283 (Atterwith Lane)
North Yorkshire Council	C273 (Tockwith Road)
North Yorkshire Council	B1224 (Weatherby Road)
North Yorkshire Council	U737 (Healaugh Lane)
North Yorkshire Council	C268 (Wighill Lane)
North Yorkshire Council	C288 (Wighill Lane)
North Yorkshire Council	A659 (Kelcbar Hill)
North Yorkshire Council	A659 (Roman Road)
North Yorkshire Council	C305 (Garnet Lane)
North Yorkshire Council	B1217
North Yorkshire Council	U785 (Coldhill Lane)
North Yorkshire Council	C311 (Coldhill Lane)
North Yorkshire Council	U1092 (Laith Staid Lane)
North Yorkshire Council	B1222
North Yorkshire Council	C320 (Whitecote Lane)
North Yorkshire Council	U1288 (Westfield Lane)
North Yorkshire Council	A63
North Yorkshire Council	U1038 (Rawfield Lane)

SCHEDULE 7 — STREETS SUBJECT TO ALTERATION OF LAYOUT

PART 1 — STREETS SUBJECT TO PERMANENT ALTERATION OF LAYOUT

North Yorkshire Council

(1) Street subject to alteration of layout	(2) Description of alteration of layout as shown on the access, rights of way and public rights of navigation plan
Overton Road	Provision of carriageway widening to aid heavy goods vehicle manoeuvres and access/egress to the proposed Overton Substation. Works comprising site clearance, construction of new road surface, white lining, kerbing and a suitable drainage system as required as shown as JW02 Section B, Sheet 2.
U1720 (ORPA)	At bellmouth AP98 as shown on Section B, Sheet 1 the creation of an access point of sufficient size to accommodate access and egress of vehicles for operation and maintenance requirements of the site. Works comprising site clearance, construction of new road surface, white lining, kerbing and a suitable drainage system as required.
A659	At bellmouth AP31 as shown on Section D Sheet 1 the creation of an access point of sufficient size to accommodate access and egress of vehicles for operation and maintenance requirements. Works comprising site clearance, construction of new road surface, white lining, kerbing and a suitable drainage system as required.
Garnet Lane	At bellmouth AP34 as shown on Section D Sheet 1 the creation of an access point of sufficient size to accommodate access and egress of vehicles for operation and maintenance requirements. Works comprising site clearance, construction of new road surface, white lining, kerbing and a suitable drainage system as required.
Rawfield Lane	At bellmouth AP3 as shown on Section F Sheet 1 the creation of an access point of sufficient size to accommodate access and egress of vehicles for operation and maintenance requirements. Works comprising site clearance, construction of new road surface, white lining, kerbing and a suitable drainage system as required.
Overton Road	At bellmouth AP89 as shown on Section B Sheet 2 the creation of an access point of sufficient size to accommodate access and egress of vehicles for operation and maintenance requirements. Works comprising site clearance, construction of new road surface, white lining, kerbing and a suitable drainage system as required.

PART 2 — STREETS SUBJECT TO TEMPORARY ALTERATION OF LAYOUT

City of York Council

(1) Street subject to alteration of layout	(2) Description of alteration of layout as shown on the access, rights of way and public rights of navigation plan
Planville Lane	At AP101 as shown on Section B, Sheet 1 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
At the Junction of Corban Lane/U1720 (ORPA)	At JW01 (adjacent to AP95) as shown on Section B, Sheet 1 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
Corban Lane	At AP94 as shown on Section B, Sheet 1 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
Common Croft Lane	At AP78 as shown on Section B, Sheet 4 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.

North Yorkshire Council

(1) Street subject to alteration of layout	(2) Description of alteration of layout as shown on the access, rights of way and public rights of navigation plan
U1720 (ORPA)	Between AP95 and AP98 on Section B, Sheet 1 the provision of passing places to allow for safe two way passage of traffic.
U1720 (ORPA)	At AP96 as shown on Section B, Sheet 1 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
U1720 (ORPA)	At AP97 as shown on Section B, Sheet 1 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
A19	At AP93 as shown on Section B, Sheet 3 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
A19	At AP91 as shown on Section B, Sheet 2 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
Overton Road	At AP86 as shown on Section B, Sheet 2 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
Overton Road	At AP87 as shown on Section B, Sheet 2 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
Overton Road	At AP90 as shown on Section B, Sheet 2 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
Overton Road	At AP82 as shown on Section B, Sheet 3 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
Overton Road	At AP84 as shown on Section B, Sheet 3 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
Overton Road	At AP85 as shown on Section B, Sheet 3 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
Stripe Lane	At AP80 as shown on Section B, Sheet 3 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
Stripe Lane	At AP81 as shown on Section B, Sheet 3 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
Church Lane	At AP77 as shown on Section C, Sheet 1 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
Church Lane	At AP74 as shown on Section C, Sheet 1 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
A59	At AP72 as shown on Section C, Sheet 1 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
Marston Lane	At AP68 as shown on Section C, Sheet 2 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
Marston Lane	At AP69 as shown on Section C, Sheet 2 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
Marston Lane	At AP70 as shown on Section C, Sheet 2 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
Marston Lane	At AP71 as shown on Section C, Sheet 2 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
Atterwith Lane	At AP65 as shown on Section C, Sheet 3 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
Atterwith Lane	At AP66 as shown on Section C, Sheet 3 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
Tockwith Road	At AP62 as shown on Section C, Sheet 3 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
Tockwith Road	At AP63 as shown on Section C, Sheet 3 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
Tockwith Road	At AP64 as shown on Section C, Sheet 3 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
B1224 Weatherby Road	At AP61 as shown on Section C, Sheet 4 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
Healaugh Lane	At AP59 as shown on Section C, Sheet 4 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
Wighill Lane	At AP56 as shown on Section C, Sheet 6 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
Wighill Lane	At AP55 as shown on Section C, Sheet 6 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
Wighill Lane	At AP54 as shown on Section C, Sheet 7 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
Wighill Lane	At AP53 as shown on Section C, Sheet 7 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
Wighill Lane	At AP52 as shown on Section C, Sheet 8 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
Wighill Lane	At AP50 as shown on Section C, Sheet 8 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
Wighill Lane	At AP49 as shown on Section C, Sheet 8 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
A659	At AP45 as shown on Section C, Sheet 8 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
A659	At AP47 as shown on Section C, Sheet 8 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
A659	At AP44 as shown on Section C, Sheet 9 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
A659	At AP41 as shown on Section C, Sheet 9 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
Garnet Lane	At AP33 as shown on Section D, Sheet 1 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
A659	At AP29 as shown on Section D, Sheet 1 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
A659	At AP30 as shown on Section D, Sheet 1 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
A659	At AP32 as shown on Section D, Sheet 1 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
A659/A64 Onslip Road	At AP28 as shown on Section D, Sheet 1 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
B1217 Wakefield Road	At AP26 as shown on Section E, Sheet 3 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
Coldhill Lane	At AP22 as shown on Section E, Sheet 3 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
Coldhill Lane	At AP21 as shown on Section E, Sheet 4 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
Coldhill Lane	At AP20 as shown on Section E, Sheet 4 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
Laith Staid Lane	At AP18 as shown on Section E, Sheet 5 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
Laith Staid Lane	At AP19 as shown on Section E, Sheet 5 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
B1222	At AP17 as shown on Section E, Sheet 5 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
B1222	At AP16 as shown on Section E, Sheet 6 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
B1222	At AP14 as shown on Section E, Sheet 6 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
Whitecote Lane	At AP11 as shown on Section E, Sheet 6 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
Westfield Lane	At AP10 as shown on Section E, Sheet 7 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
Westfield Lane	At AP9 as shown on Section E, Sheet 7 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
A63	At AP7 as shown on Section E, Sheet 7 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
A63	At AP6 as shown on Section F, Sheet 1 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
Rawfield Lane	At AP5 as shown on Section F, Sheet 1 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
Rawfield Lane	At AP4 as shown on Section F, Sheet 1 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.
Rawfield Lane	At AP2 as shown on Section F, Sheet 1 the creation of temporary bellmouth to enable access/egress with sufficient size to accommodate a HGV vehicle. Comprising the installation of a new road surface and a suitable drainage system.

SCHEDULE 8 — STREETS, CYCLE TRACKS OR PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED

PART 1 — STREETS, CYCLE TRACKS OR PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED FOR WHICH A DIVERSION IS TO BE PROVIDED

(1) Area	(2) Street, cycle track or public right of way to be temporarily closed	(3) Extent of temporary closure as shown on the access, rights of wat and public rights of navigation plan	(4) Temporary diversion as shown on the access, rights of way and public rights of navigation plan
City of York Council and North Yorkshire Council	U1720 (ORPA)	Between points RWS01 and RWS02 as shown on Section B, Sheet 1	Between points RWD01 and RWD02 as shown on Section B, Sheet 1.
North Yorkshire Council	35.55/5/1	Between points RWS03 and RWS04 as shown on Section E, Sheet 3	Between points RWD03 and RWD04 as shown on Section E, Sheet 3.

PART 2 — STREETS, CYCLE TRACKS OR PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED FOR WHICH NO DIVERSION IS TO BE PROVIDED

(1) Area	(2) Street, cycle track or public right of way to be temporarily closed	(3) Extent of temporary closure as shown on the access, rights of way and public rights of navigation plan
North Yorkshire Council	10.129/U1720/50	Between points RW01 to RW02 as shown on Section B, Sheet 1
City of York Council	11/8/40; 11/8/30 and 11/8/20	Between points RW03 to RW04 as shown on Section B, Sheet 1
North Yorkshire Council	10.115/2/3 and 10.115/4/1	Between points RW05 to RW06 as shown on Section B, Sheet 3
City of York Council	10/3/2020	Between points RW07 to RW08 as shown on Section B, Sheet 3
City of York Council	10/1/10 and 10/2/10	Between points RW09 to RW10 as shown on Section B, Sheet 4
North Yorkshire Council	15.95/5/2 and 15.95/3	Between points RW11 to RW12 as shown on Section B, Sheet 5
North Yorkshire Council	15.95/2/3 and 15.95/6/1	Between points RW13 to RW14 as shown on Section B, Sheet 5
North Yorkshire Council	15.95/7/1	Between points RW15 to RW16 as shown on Section C, Sheet 2
North Yorkshire Council	15.83/1/1	Between points RW17 to RW18 as shown on Section C, Sheet 3
North Yorkshire Council	35.33/1/1; 35.33/1/2; and 15.10/4/1	Between points RW19 to RW20 as shown on Section C, Sheet 5
North Yorkshire Council	35.33/6/7	Between points RW21 to RW22 as shown on Section C, Sheet 8
North Yorkshire Council	35.64/1/1; 35.64/17/1; and 35.50/3/1	Between points RW23 to RW24 as shown on Section C, Sheet 8
North Yorkshire Council	35.64/13/2 and 35.64/13/3	Between points RW25 to RW26 as shown on Section C, Sheet 9
North Yorkshire Council	35.63/6/3	Between points RW27 to RW28 as shown on Section E, Sheet 1
North Yorkshire Council	35.44/4/1; 35.44/1/2; 35.63/3/1; and 35.55/6/1	Between points RW29 to RW30 as shown on Section E, Sheets 1 and 2
North Yorkshire Council	35.44/1/1	Between points RW31 to RW32 as shown on Section E, Sheet 3 of the Access and Rights of Way Plan
North Yorkshire Council	35.55/5/1	Between points RW33 to RW34 as shown on Section E, Sheet 3
North Yorkshire Council	35.4/1/1	Between points RW35 to RW36 as shown on Section E, Sheet 4
North Yorkshire Council	35.59/U1315/30	Between points RW37 to RW38 as shown on Section E, Sheet 7 of the Access and Rights of Way Plan
North Yorkshire Council	35.59/26/1	Between points RW39 to RW40 as shown on Section E, Sheet 7
North Yorkshire Council	35.59/U1289/70 and 35.59/13/1	Between points RW41 to RW42 as shown on Section E, Sheet 7

SCHEDULE 9 — ACCESS TO WORKS

PART 1 — CITY OF YORK COUNCIL

(1) Street name	(2) Access reference as shown on the access, rights of way and public rights of navigation plan	(3) Plan Reference for the access, rights of way and public rights of navigation plan
Common Croft Lane	AP78	Section B, Sheet 4
A19	AP93	Section B, Sheet 3
Corban Lane	AP94, AP95	Section B, Sheet 1
Plainville Lane	AP101, AP102	Section B, Sheet 1
Murton Way	AP103, AP104	Section A, Sheet 1

PART 2 — LEEDS CITY COUNCIL

(1) Street name	(2) Access reference as shown on the access, rights of way and public rights of navigation plan	(3) Plan Reference for the access, rights of way and public rights of navigation plan
Warren Lane	AP36, AP37, AP38	Section D, Sheet 2 of the Access and Rights of Way plans

PART 3 — NORTH YORKSHIRE COUNCIL

(1) Street name	(2) Access reference as shown on the access, rights of way and public rights of navigation plan	(3) Plan Reference for the access, rights of way and public rights of navigation plan
A162	AP1	Section F, Sheet 1
Rawfield Lane	AP2, AP3, AP4, AP5	Section F, Sheet 1
A63	AP6	Section F, Sheet 1
A63	AP7	Section E, Sheet 7
Red Hill Lane	AP8	Section E, Sheet 7
Westfield Lane	AP9, AP10	Section E, Sheet 7
Whitecote Lane	AP11, AP12	Section E, Sheet 6
B1222	AP13, A14, AP15, AP16	Section E, Sheet 6
B1222	AP17	Section E, Sheet 5
Laith Staid Lane	AP18, AP19	Section E, Sheet 5
Coldhill Lane	AP20, AP21	Section E, Sheet 4
Coldhill Lane	AP22, AP23, AP24	Section E, Sheet 3
B1217	AP25, AP26	Section E, Sheet 3
B1217	AP27	Section E, Sheet 2
A64/A659 Westbound Onslip	AP28	Section D, Sheet 1
A659	AP29, AP30, AP31, AP32	Section D, Sheet 1
Garnet Lane	AP33, AP34, AP35	Section D, Sheet 1 of the Access and Rights of Way Plans
C305/Garnet Lane	AP39	Section D, Sheet 1
A659	AP40, AP41, AP42, AP43, AP44	Section C, Sheet 9
A659	AP45, AP46, AP47	Section C, Sheet 8
Wighill Lane	AP48, AP49, AP50, AP51, AP52	Section C, Sheet 8
Wighill Lane	AP53, AP54	Section C, Sheet 7
Wighill Lane	AP55, AP56, AP57	Section C, Sheet 6
Healaugh Lane	AP58	Section C, Sheet 5
Healaugh Lane	AP59	Section C, Sheet 4
B1224	AP60, AP61	Section C, Sheet 4
Tockwith Road	AP62, AP63, AP64	Section C, Sheet 3
Atterwith Lane	AP65, AP66	Section C, Sheet 3
Marston Lane	AP67, AP68, AP69, AP70, AP71	Section C, Sheet 2
A59	AP72	Section C, Sheet 1
Red House Lane	AP73	Section C, Sheet 1
Church Lane	AP74, AP75, AP76, AP77	Section C, Sheet 1
Overton Road	AP82, AP83, AP84, AP85, AP86, AP87	Section B, Sheet 3
Overton Road	AP88, AP89, AP90	Section B, Sheet 2
A19	AP91, AP92	Section B, Sheet 2
Stripe Lane	AP79, AP80, AP81	Section B, Sheet 3
U1720 (ORPA)	AP96, AP97, AP98, AP99	Section B, Sheet 1
Bull Lane	AP100	Section B, Sheet 1

SCHEDULE 10 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

Compensation enactments

1

The enactments for the time being in force with respect to compensation for the compulsory purchase of land apply, with the necessary modifications as respects compensation, in the case of a compulsory acquisition under this Order of a right by the creation of a new right or imposition of a restriction 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[^f00082] has effect subject to the modifications set out in sub-paragraphs (2) and (3).

(2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 of the 1965 Act as substituted by paragraph 4 of this Schedule—

(a) for “land is acquired or taken from” substitute “a right or restrictive covenant over land is purchased from or imposed on”; and

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

(3) For section 58(1)[^f00083] (determination of material detriment where part of house etc. proposed for compulsory acquisition), as it applies to determinations under section 8 of the 1965 Act as substituted by paragraph 5 of this Schedule, substitute—

(1) In determining under section 8(1) or 34(2) of the Compulsory Purchase Act 1965, or section 166(2) of the Town and Country Planning Act 1990 whether— (a) a right over or a restrictive covenant affecting land consisting of a house, building or manufactory can be taken or imposed without material detriment or damage to the house, building or manufactory; or (b) a right over or a restrictive covenant affecting land consisting of a park or garden belonging to a house can be taken or imposed without seriously affecting the amenity or convenience of the house, the Upper Tribunal must take into account not only the effect of the acquisition of the right or imposition of the restrictive covenant but also the use to be made of the right or restrictive covenant proposed to be acquired or imposed, and, in a case where the right or restrictive 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 to be made of the other land.

Application of the 1965 Act

3

(1) The 1965 Act has 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 or 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.

4

For section 7 of the 1965 Act (measure of compensation) substitute—

(7) In assessing the compensation to be paid by the acquiring authority under this Act, regard must be had not only to the extent (if any) to which the value of the land over which the right is to be acquired or the restrictive covenant is to be imposed is depreciated by the acquisition of the right or the imposition of the covenant but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.

5

For section 8 of the 1965 Act (provisions as to divided land) substitute—

(8) the National Grid (Yorkshire Green Energy Enablement Project ) Development Consent Order 2024 (“the Order”) ceases, in relation to that person, to authorise the purchase of the right or imposition of a restriction and is deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of such a park or garden, the house to which it belongs, and the notice is deemed to have been served in respect of that interest on such date as the tribunal directs. (1) Where in consequence of the service on a person under section 5 of this Act of a notice to treat in respect of a right over land consisting of a house, building or manufactory or of a park or garden belonging to a house (“the relevant land”)— (a) a question of disputed compensation in respect of the purchase of the right or the imposition of the restrictive covenant would apart from this section fall to be determined by the tribunal; and (b) before the tribunal has determined that question the tribunal is satisfied that the person has an interest in the whole of the relevant land and is able and willing to sell that land and— (i) where that land consists of a house, building or manufactory, that the right cannot be purchased or the restrictive covenant imposed without material detriment to that land; or (ii) where that land consists of such a park or garden, that the right cannot be purchased or the restrictive covenant imposed without seriously affecting the amenity or convenience of the house to which that land belongs, (2) Any question as to the extent of the land in which the Order is deemed to authorise the purchase of an interest by virtue of subsection (1) of this section must be determined by the tribunal. (3) Where in consequence of a determination of the tribunal that it is satisfied as mentioned in subsection (1) of this section the Order is deemed by virtue of that subsection to authorise the purchase of an interest in land, the acquiring authority may, at any time within the period of 6 weeks beginning with the date of the determination, withdraw the notice to treat in consequence of which the determination was made; but nothing in this subsection prejudices any other power of the authority to withdraw the notice.

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) (failure by owners to convey);

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

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

are modified 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[^f00084] of the 1965 Act (powers of entry) is modified to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right or restriction, 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 12[^f00085] (penalty for unauthorised entry) and 13[^f00086] (entry on warrant in the event of obstruction) of the 1965 Act are modified correspondingly.

8

Section 20[^f00087] of the 1965 Act (protection for interests of tenants at will, etc.) 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 of the 1965 Act (protection of acquiring authority’s possession where by inadvertence an estate, right or interest has not been got in) is 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 to enforce the restriction imposed, subject to compliance with that section as respects compensation.

SCHEDULE 11 — EXTINGUISHMENT OF PRIVATE RIGHTS AND RESTRICTIVE COVENANTS RELATING TO APPARATUS REMOVED FROM LAND SUBJECT TO TEMPORARY POSSESSION

PART 1 — NATIONAL GRID

(1) Area	(2) Plot
City of York Council	A1-02, A1-03, B3-59, B3-62, B3-64, B3-68
City of York Council and County of North Yorkshire Council	B3-33, B3-58, B4-25
County of North Yorkshire Council	B3-29, B3-30, B3-32, B3-34, B3-39, B3-40, B3-41, B3-46, B3-49, B3-52, B3-54, B3-55, B3-56, B3-57, B5-03, B5-04, B5-05, B5-06, B5-08, B5-11, B5-12, B5-15, B5-24, B5-27, B5-28, B5-29, B5-30, B5-33, E7-19, E7-35, E7-36, E7-37, E7-38, E7-39, E7-40, E7-41, E7-43, E7-44, E7-46, E7-48, E7-49, E7-53, F1-05, F1-07, F1-23, F1-24, F1-29, F1-31, F1-33, F1-36

PART 2 — NPG

(1) Area	(2) Plot
City of York Council	B3-68

SCHEDULE 12 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

PART 1 — NATIONAL GRID

City of York Council

(1) Plot number of land shown on land plan	(2) Purpose for which temporary possession may be taken	(3) Relevant part of the authorised development	(4) Element of Work in respect of which land is not required to be re-instated
B1-20, B1-21, B1-36, B1-39	Temporary use for construction, mitigation, maintenance dismantling and/or access	Work No. 2
B2-02, B2-04, B2-11, B2-16, B2-17	Temporary use for construction, mitigation, maintenance dismantling and/or access	Work No. 3
B2-06, B2-12, B2-21	Temporary use for construction, mitigation, maintenance dismantling and/or access	Work No. 4
B3-58, B3-59	Temporary use for dismantling of redundant electrical infrastructure	Work No. 6
B3-62	Temporary use for dismantling of redundant electrical infrastructure	Work No. 6	Removal of pylon foundations only to a depth of 1.5 metres
B3-63, B4-06, B4-09, B4-10, B4-12, B4-14, B4-18, B4-19, B4-23, B4-24	Temporary use for construction, mitigation, maintenance dismantling and/or access	Work No. 6

North Yorkshire Council

(1) Plot number of land shown on land plan	(2) Purpose for which temporary possession may be taken	(3) Relevant part of the authorised development	(4) Element of Work in respect of which land is not required to be re-instated
B1-19	Temporary use for construction, mitigation, maintenance dismantling and/or access	Work Nos. 2, U1
B1-20, B1-21, B1-22	Temporary use for construction, mitigation, maintenance dismantling and/or access	Work No. 2
B1-25	Temporary use for construction, mitigation, maintenance dismantling and/or access	Work No. 2	Removal of pylon foundations only to a depth of 1.5 metres
B1-33B, B1-39, B1-40A, B1-54, B1-55	Temporary use for construction, mitigation, maintenance dismantling and/or access	Work No. 2
B2-06, B2-12, B2-14, B2-21, B2-28, B2-34, B2-48, B2-49, B2-55, B2-61, B2-64, B2-70, B2-71	Temporary use for construction, mitigation, maintenance dismantling and/or access	Work No. 4
B2-16, B2-17, B2-20, B2-22	Temporary use for construction, mitigation, maintenance dismantling and/or access	Work No. 3
B2-31, B3-25	Temporary use for construction, mitigation, maintenance dismantling and/or access	Work No. 5
B3-29, B3-30, B3-32, B3-34	Temporary use for dismantling of redundant electrical infrastructure	Work No. 5
B3-39, B3-40, B3-41, B3-49, B3-58	Temporary use for dismantling of redundant electrical infrastructure	Work No. 6
B3-31, B3-44, B3-45, B3-73, B5-21, B5-58, B5-59	Temporary use for access	Work No. 6
B3-40, B3-46, B3-52, B3-57	Temporary use for dismantling of redundant electrical infrastructure	Work No. 6	Removal of pylon foundations only to a depth of 1.5 metres
B3-54, B3-55	Temporary use for dismantling of redundant electrical infrastructure	Work No. 6
B4-14, B4-18, B4-23, B4-24, B5-02, B5-06, B5-10, B5-16, B5-28, B5-29, B5-30, B5-37, B5-38, B5-39	Temporary use for construction, mitigation, maintenance dismantling and/or access	Work No. 6
B5-03, B5-27	Temporary use for construction, mitigation, maintenance dismantling and/or access	Work No. 6	Removal of pylon foundations only to a depth of 1.5 metres
B5-24	Temporary use for construction, mitigation, maintenance dismantling and/or access	Work No. 6	Removal of 2x pylon foundations only to a depth of 1.5 metres
C9-37, C9-40	Temporary use for access	Work No. 8
D1-18, D1-21, D1-69, D1-70, D1-72, D1-80, D1-81	Temporary use for construction, mitigation, maintenance dismantling and/or access	Work Nos. 8, U7
D1-26, D1-53	Temporary use for construction, mitigation, maintenance dismantling and/or access	Work No. 8	Removal of pylon foundations only to a depth of 1.5 metres
D1-34, D1-37, D1-47, D1-62, D1-78, D1-83	Temporary use for construction, mitigation, maintenance dismantling and/or access	Work No. 8
D1-35, D1-85	Temporary use for construction, mitigation, maintenance dismantling and/or access	Work Nos. 8, U8
E2-06, E2-07	Temporary use for construction, mitigation, maintenance dismantling and/or access	Work Nos. 9, U9
E4-12	Temporary use for construction, mitigation, maintenance dismantling and/or access	Work No. 9
E6-13, E6-31	Temporary use for construction, mitigation, maintenance dismantling and/or access	Work Nos. 9, U13
E7-16	Temporary use for construction, mitigation, maintenance dismantling and/or access	Work No. 11
E7-27, E7-34, E7-37, E7-42, E7-43, F1-16, F1-26, F1-29, F1-31, F1-32, F1-34, F1-35, F1-37, F1-38	Temporary use for construction, mitigation, maintenance dismantling and/or access	Work No. 10
E7-35	Temporary use for construction, mitigation, maintenance dismantling and/or access	Work No. 10	Removal of pylon foundations only to a depth of 1.5 metres
F1-09	Temporary use for construction, mitigation, maintenance dismantling and/or access	Work No. 11

PART 2 — NPG

North Yorkshire Council

(1) Plot number of land shown on land plan	(2) Purpose for which temporary possession may be taken	(3) Relevant part of the authorised development
B1-19	Temporary use for construction, mitigation, maintenance dismantling and/or access	Work Nos. 2, U1
D1-18, D1-21, D1-69, D1-70, D1-72, D1-80, D1-81, D1-82	Temporary use for construction, mitigation, maintenance dismantling and/or access	Work Nos. 8, U7
E2-06, E2-07	Temporary use for construction, mitigation, maintenance dismantling and/or access	Work Nos. 9, U9
E6-13, E6-31	Temporary use for construction, mitigation, maintenance dismantling and/or access	Work Nos. 9, U13

PART 3 — NGN

North Yorkshire Council

(1) Plot number of land shown on land plan	(2) Purpose for which temporary possession may be taken	(3) Relevant part of the authorised development	(4) Element of Work in respect of which land is not required to be re-instated
D1-35, D1-85	Class 4 – Temporary Construction & Mitigation	Work Nos. 8, U8

SCHEDULE 13 — LAND IN WHICH ONLY NEW RIGHTS AND RESTRICTIVE COVENANTS ETC. MAY BE ACQUIRED

PART 1 — NATIONAL GRID

City of York Council

(1) Plot number of land shown on land plan	(2) Purpose for which rights over land may be acquired or restrictive covenants imposed	(3) Relevant part of the authorised development
A1-01, A1-02	Compulsory acquisition of rights for the authorised development	Work No. 1
A1-04	Compulsory acquisition of rights of access	Work No. 1
B1-01, B1-02, B1-05, B1-08, B1-09, B1-13, B1-15, B1-16, B1-23A, B1-27, B1-28, B1-29, B1-31	Compulsory acquisition of rights for the authorised development	Work No. 2
B1-03, B1-04, B1-06, B1-07, B1-10, B1-11, B1-26, B1-32, B1-35, B1-37, B1-42, B1-50A	Compulsory acquisition of rights of access	Work No. 2
B1-64, B2-08, B2-13	Compulsory acquisition of rights for the authorised development	Work No. 3
B1-65, B1-66	Compulsory acquisition of rights for the authorised development	Work Nos. 3, U2
B2-03, B2-09, B2-23a, B2-23b	Compulsory acquisition of rights of access	Work No. 3
B2-10	Compulsory acquisition of rights for the authorised development	Work No. 4
B2-27	Compulsory acquisition of rights for the authorised development	Work Nos. 5, 6
B2-74, B2-75, B2-79	Compulsory acquisition of rights for the authorised development	Work Nos. 3, U3
B2-78	Compulsory acquisition of rights for the authorised development	Work No. 3
B3-26A	Compulsory acquisition of rights of access	Work No. 5
B3-09A, B3-14A	Compulsory acquisition of rights of access	Work Nos. 5
B3-15, B3-18, B3-27, B3-33, B3-35, B3-36, B3-37, B3-38	Compulsory acquisition of rights for the authorised development	Work No. 5
B3-61, B3-64, B3-71, B4-11, B4-13, B4-15, B4-16, B4-21, B4-22, B4-25	Compulsory acquisition of rights for the authorised development	Work No. 6
B3-67, B3-68, B3-69, B3-70, B3-72, B4-26	Compulsory acquisition of rights for the authorised development	Work No. 6, U4
B4-01, B4-02, B4-03, B4-04, B4-05, B4-07, B4-08, B4-17, B4-20	Compulsory acquisition of rights of access	Work No. 6

Leeds City Council

(1) Plot number of land shown on land plan	(2) Purpose for which rights over land may be acquired or restrictive covenants imposed	(3) Relevant part of the authorised development
D1-65, D2-02, D2-03, D2-04, D2-05	Compulsory acquisition of rights of access	Work No. 8
D1-66, D2-01, D2-06	Compulsory acquisition of rights for the authorised development	Work No. 8

North Yorkshire Council

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