The Cambridge Waste Water Treatment Plant Relocation Order 2025

(1) Area	(2) Number of land shown on land plan	(3) Purpose of which temporary possession may be taken	(4) Relevant site or part of the authorised development
Cambridge City Council	005h, 005i	The siting of and operation of apparatus for monitoring vibration, ground movement and other construction impacts in the vicinity of the operational railway, and access for the same. Decommissioning activities and access for the same.	Work Nos. 30 and 40
Cambridge City Council	008d, 008f, 012h	The siting of and operation of apparatus for monitoring vibration, ground movement and other construction impacts in the vicinity of the operational railway, and access for the same.	Work No. 30
South Cambridgeshire District Council	021g	Construction worksite, compound, storage, welfare and laydown area. Access, including parking, with or without vehicles, plant, machinery and materials. Creation of temporary haul roads, laying of hardstanding and improvements to means of access. Erection of associated temporary structures, siting of a crane, storage of equipment and connection of utilities services, including fencing, security, lighting, welfare requirements and signage. Mud and soil handling, earthworks, ground re-profiling, vegetation clearance, dewatering, construction and commission drainage and discharge.	Work Nos. 28 and 29
South Cambridgeshire District Council	021i	Construction worksite, compound, horizontal directional drilling work area, area for the stringing out of pipelines, storage, welfare and laydown area. Access, including parking, with or without vehicles, plant, machinery and materials. Creation of temporary haul roads, laying of hardstanding and improvements to means of access. Erection of associated temporary structures, siting of a crane, storage of equipment and connection of utilities services, including fencing, security, lighting, welfare requirements and signage. Mud and soil handling, earthworks, ground re-profiling, vegetation clearance, dewatering, construction and commission drainage and discharge.	Work Nos. 28, 29 and 34
South Cambridgeshire District Council	022l, 022m, 022n, 022o, 024a, 024b, 034g	Worksite, landscaping and ecological works, signage. Access, with or without vehicles, plant, machinery and materials. Ground re-profiling and vegetation clearance.	Work No. 1
South Cambridgeshire District Council	036d, 039b, 042b, 044b	Construction worksite, compound, storage, welfare and laydown area. Access, including parking, with or without vehicles, plant, machinery and materials. Creation of temporary haul roads, laying of hardstanding and improvements to means of access. Erection of associated temporary structures, storage of equipment and connection of utilities services, including fencing, security, lighting, welfare requirements and signage. Mud and soil handling, earthworks, ground re-profiling, vegetation clearance, dewatering, construction and commission drainage and discharge.	Work No. 34
South Cambridgeshire District Council	030a	Worksite, landscaping and ecological works, signage. Access, including parking, with or without vehicles, plant, machinery and materials, improvements to means of access. Dewatering, construction and commission drainage and discharge.	Work Nos. 1, 23, 24 and 37
South Cambridgeshire District Council	031a	Worksite, landscaping and ecological works, signage. Access, including parking, with or without vehicles, plant, machinery and materials, improvements to means of access.	Work No. 23
South Cambridgeshire District Council	031b	Worksite, landscaping and ecological works, signage. Access, including parking, with or without vehicles, plant, machinery and materials, improvements to means of access. Dewatering, construction and commission drainage and discharge.	Work Nos. 22, 23 and 37
South Cambridgeshire District Council	031c, 034b	Worksite, landscaping and ecological works. Access, including parking, with or without vehicles, plant, machinery and materials, improvements to means of access. Dewatering, construction and commission drainage and discharge.	Work Nos. 1, 21, 22, 23 and 37
South Cambridgeshire District Council	038e	Construction worksite, storage, welfare and laydown area. Access, including parking, with or without vehicles, plant, machinery and materials, improvements to means of access. Erection of associated temporary structures, storage of equipment and connection of utilities services, including fencing, security, lighting, welfare requirements and signage. Mud and soil handling, earthworks, ground re-profiling, vegetation clearance, dewatering, construction and commission drainage and discharge.	Work Nos. 1, 21, 22, 23 and 37
South Cambridgeshire District Council	042c, 042f, 044c, 046c, 046d, 047c, 047e, 058b, 058c, 065c	Access, including parking, with or without vehicles, plant, machinery and materials, improvements to the means of access. Dewatering, construction and commission drainage and discharge.	Work No. 37
South Cambridgeshire District Council	056b	Construction worksite, storage, welfare and laydown area. Access, including parking, with or without vehicles, plant, machinery and materials, improvements to means of access. Erection of associated temporary structures, storage of equipment and connection of utilities services, including fencing, security, lighting, welfare requirements and signage. Dewatering, construction and commission drainage and discharge.	Work No. 37
South Cambridgeshire District Council	060c	Construction worksite, compounds, horizontal directional drilling work area, area for the stringing out of pipelines, storage, welfare and laydown area. Access, including parking, with or without vehicles, plant, machinery and materials. Creation of temporary haul roads, laying of hardstanding and improvements to means of access. Erection of associated temporary structures, siting of a crane, storage of equipment and connection of utilities services, including fencing, security, lighting, welfare requirements and signage. Mud and soil handling, earthworks, ground re-profiling, vegetation clearance, dewatering, construction and commission drainage and discharge. The siting of and operation of apparatus for monitoring vibration, ground movement and other construction impacts in the vicinity of the operational railway, and access for the same.	Work Nos. 30 and 34
South Cambridgeshire District Council	060d, 074a, 074b	The siting of and operation of apparatus for monitoring vibration, ground movement and other construction impacts in the vicinity of the operational railway, and access for the same.	Work No. 30
South Cambridgeshire District Council	070a, 071a	Construction worksite, compound, storage, welfare and laydown area. Access, including parking, with or without vehicles, plant, machinery and materials. Creation of temporary haul roads, laying of hardstanding and improvements to means of access. Erection of associated temporary structures, siting of a crane, storage of equipment and connection of utilities services, including fencing, security, lighting, welfare requirements and signage. Mud and soil handling, earthworks, ground re-profiling, vegetation clearance, dewatering, construction and commission drainage and discharge.	Work No. 34

SCHEDULE 13 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND THE IMPOSITION OF RESTRICTIVE COVENANTS

1

The enactments for the time being in force with respect to compensation for the compulsory purchase of land apply, with the necessary modifications as respects compensation, in the case of a compulsory acquisition under this Order of a right by the creation of a new right or the imposition of a restrictive covenant as they apply as respects compensation on the compulsory purchase of land and interests in land.

2

• (1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973[^f00097] has effect subject to the modifications set out in sub-paragraph (2).

• (2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 (measure of compensation in case of severance) of the 1965 Act as substituted by paragraph 4—

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

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

3

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

• (2) For section 5A(5A)[^f00098] (relevant valuation date) of the 1961 Act substitute—

(5A) If— (a) the acquiring authority enters on land for the purpose of exercising a right in pursuance of a notice of entry under section 11(1) (powers of entry) of the 1965 Act (as modified by paragraph 7 of Schedule 13 to the Cambridge Waste Water Treatment Plant Relocation Order 2025); (b) the acquiring authority is subsequently required by a determination under paragraph 12 of Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act (as substituted by paragraph 10 of Schedule 13 to the Cambridge Waste Water Treatment Plant Relocation Order 2025) to acquire an interest in the land; and (c) the acquiring authority enters on and takes possession of that land, the authority is deemed for the purposes of subsection (3)(a) to have entered on that land where it entered on that land for the purpose of exercising that right

Application of Part 1 of the 1965 Act

4

• (1) The 1965 Act is to have effect with the modifications necessary to make it apply to the compulsory acquisition under this Order of a right by the creation of a new right, or to the imposition under this Order of a restrictive covenant, as it applies to the compulsory acquisition under this Order of land, so that, in appropriate contexts, references in that Act to land are read (according to the requirements of the particular context) as referring to, or as including references to—

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

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

• (2) Without limitation on the scope of sub-paragraph (1), Part 1 (compulsory purchase under Acquisition of Land Act of 1946) of the 1965 Act applies in relation to the compulsory acquisition under this Order of a right by the creation of a new right or, in relation to the imposition of a restriction, with the modifications specified in the following provisions of this Schedule.

5

For section 7 of the 1965 Act there is substituted the following section—

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

6

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

• (a) section 9(4) (refusal to convey, failure to make title, etc);

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

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

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

are so modified as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired or the restrictive covenant which is to be imposed is vested absolutely in the acquiring authority.

7

Section 11[^f00099] (powers of entry) of the 1965 Act is so modified as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right or restrictive covenant, as well as the notice of entry required by subsection (1) of that section (as it applies to compulsory acquisition under article 26), it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant (which is deemed for this purpose to have been created on the date of service of the notice); and sections 11A[^f00100] (powers of entry: further notices of entry), 11B[^f00101] (counter- notice requiring possession to be taken on specified date), 12[^f00102] (unauthorised entry) and 13[^f00103] (refusal to give possession to acquiring authority) of the 1965 Act are modified correspondingly.

8

Section 20[^f00104] (tenants at will, etc) of the 1965 Act applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right or the enforcement of the restrictive covenant in question.

9

Section 22 (interests omitted from purchase) of the 1965 Act as modified by article 34(4) (modification of Part 1 of the 1965 Act) is so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired or enforce the restrictive covenant imposed, subject to compliance with that section as respects compensation.

10

For Schedule 2A[^f00105] (counter-notice requiring purchase of land not in notice to treat)to the 1965 Act substitute—

SCHEDULE2A (1) (1) This Schedule applies where an acquiring authority serve a notice to treat in respect of a right over, or restrictive covenant affecting, the whole or part of a house, building or factory and have not executed a general vesting declaration under section 4 (execution of declaration) of the 1981 Act as applied by article 33 (application and modification of the 1981 Act) of the Cambridge Waste Water Treatment Plant Relocation Order 2025 in respect of the land to which the notice to treat relates. (2) But see article 29(3) (acquisition of subsoil only) and article 30(6) (acquisition of land limited to subsoil lying more than 7 metres beneath surface) of the Cambridge Waste Water Treatment Plant Relocation Order 2025 which excludes the acquisition of subsoil only from this Schedule. (2) In this Schedule, “house”, except in paragraph 10, includes any park or garden belonging to a house. (3) A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the authority to purchase the owner’s interest in the house, building or factory. (4) A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served. (5) On receiving a counter-notice, the acquiring authority must decide whether to— (a) withdraw the notice to treat; (b) accept the counter-notice; or (c) refer the counter-notice to the Upper Tribunal. (6) The authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”). (7) If the authority decide to refer the counter-notice to the Upper Tribunal they must do so within the decision period. (8) If the authority do not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period. (9) If the authority serve notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in the house, building or factory. (10) On a referral under paragraph 7, the Upper Tribunal must determine whether the acquisition of the right or the imposition of the restrictive covenant would— (a) in the case of a house, building or factory, cause material detriment to the house, building or factory, or (b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs. (11) In making its determination, the Upper Tribunal must take into account— (a) the effect of the acquisition of the right or the imposition of the covenant; (b) the use to be made of the right or covenant proposed to be acquired or imposed; and (c) if the right or covenant is proposed to be acquired or imposed for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land. (12) If the Upper Tribunal determines that the acquisition of the right or the imposition of the covenant would have either of the consequences described in paragraph 10, it must determine how much of the house, building or factory the authority ought to be required to take. (13) If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in that land. (14) (1) If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land. (2) If the acquiring authority withdraw the notice to treat under this paragraph they must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice. (3) Any dispute as to the compensation is to be determined by the Upper Tribunal

SCHEDULE 14 — PARAMETERS

PART 1 — TERMINAL PUMPING STATION (WORK No. 16)

(1) Item	(2) Maximum design parameter
Finished ground level (FGL) (+ or – 0.5m)	9.5m Above Ordnance Datum (AOD)
Invert level (lowest internal point) of incoming sewer	-13.0m AOD (22.5m below FGL)
Depth of terminal pumping station	No deeper than 25.5m below AOD (35m below FGL) including lowest point of piles
Height of terminal pumping station	Up to 11.5m AOD (2m above FGL)
Configuration	Circular 24m external diameter
Maximum flow capacity	7,000 l/s
Overall footprint of terminal pumping station area	65m x 115m

PART 2 — STORM TANKS (WORK No. 14)

(1) Item	(2) Maximum design parameter
Finished ground level (+ or – 0.5m)	9.5m AOD
Storm tank area	71m long x 54m wide
Depth	4.5m AOD (5m below FGL)
Foundations	-15.5m AOD (25m below FGL)
Height	14.5m AOD (5m above FGL)
Stormwater storage capacity	No less than 20,400m3

PART 3 — INLET WORKS (WORK No. 4)

(1) Item	(2) Maximum design parameter
Finished ground level (+ or – 0.5m)	9.5m AOD
Elevated screen channel – configuration	12m wide x 3m deep x 60m long
Elevated grit removal chambers – configuration	16m wide x 3m deep x 17m long
Elevated flow measurement channel – configuration	5m wide x 3m deep x 22m long
Inlet works - Height	17.5m AOD (8m above FGL)
Inlet works - Depth	7.5m AOD (2m below FGL) to underside of structure
Inlet works - Foundations	-15.5m AOD (25m below FGL)
Screenings handling plant	12m x 9m
Screenings handling plant height	13.5m AOD (4m above FGL)
Number of screenings handling plant	2 No.
Grit handling plant	8m x 3m
Grit handling plant height	13.5m AOD (4m above FGL)
Footprint of odour control unit	20m x 10m
Odour control unit diameter	5m
Odour control unit height	14.5m AOD (5m above FGL)
Number of odour control units	2 No.
Number of odour control unit exhaust stacks	2 No.
Carbon vessel height	13.5m AOD (4m above FGL)
Odour control unit exhaust stack height	25.5m AOD (16m above FGL)
Overall footprint of inlet works area	90m x 75m

PART 4 — PRIMARY SETTLEMENT TANKS (WORK No. 6)

(1) Item	(2) Maximum design parameter
Finished ground level (+ or – 0.5m)	9.5m AOD
Total surface area of circular or rectangular primary settlement tanks	6,451m2
Number of primary settlement tanks	6 No.
Depth	1.5m AOD (8m below FGL)
Foundations	Piles to a depth of -15.5m AOD (25m below FGL)
Height	15.5m AOD (6m above FGL)
Overall footprint of primary settlement tanks area	175m x 115m
Ferric dosing plant area including kiosk	20m x 5m
Ferric dosing plant: height	14.5m AOD (5m above FGL)

PART 5 — ACTIVATED SLUDGE PROCESS TANKS (WORK No. 10)

(1) Item	(2) Maximum design parameter
Finished ground level (+ or – 0.5m)	9m AOD
Area of individual activated sludge process tanks	Reactor – 20m wide x 90m long
Number of reactor tanks	4 No.
Area of mixing and conditioning tank	25m wide x 25m long
Area of interstage pumping station	25m x 15m
Depth of activated sludge process tanks, mixing and conditioning tank and interstage pumping station	3m AOD (6m below FGL)
Height of activated sludge process tanks, mixing and conditioning tank and interstage pumping station	17m AOD (8m above FGL)
Foundation depth of overall activated sludge process area	-16m AOD (25m below FGL)
Blower Building – height	14m AOD (5m above FGL)
Blower Building footprint	25m x 15m
Overall footprint of activated sludge process area	115m x 135m

PART 6 — FINAL SETTLEMENT TANKS (WORK No. 11)

(1) Item	(2) Maximum design parameter
Finished ground level (+ or – 0.5m)	9m AOD
Configuration of individual final settlement tanks	8 No. circular tanks each with a 39m diameter
Depth	4m AOD (5m below FGL)
Foundations	Piles to a depth of -16m AOD (25m below FGL)
Height	18m AOD (9m above FGL)
Return activated sludge/surplus activated sludge pumps	18 No.
Overall footprint of final settlement tanks including combined return activated sludge/surplus activated sludge pumping station	130m x 225m

PART 7 — TERTIARY TREATMENT PLANT (WORK No. 13)

(1) Item	(2) Maximum design parameter
Finished ground level (+ or – 0.5m)	9.5m AOD
Depth of filtration plant	4.5m AOD (5m below FGL)
Foundation depth	-15.5m AOD (25m below FGL)
Height of filtration plant	19.5m AOD (10m above FGL)
Ferric dosing plant area	20m x 12m
Ferric dosing plant: height	17m AOD (7.5m above FGL)
Overall footprint of tertiary treatment plant	60m x 40m

PART 8 — SLUDGE STORAGE CAPACITY (WORK No. 8)

(1) Item	(2) Number	(3) Maximum design parameter	(4) Maximum height
Finished ground level (+ or – 0.5m)		9m AOD
Imported and indigenous primary sludge tanks	2	Maximum sludge capacity of 1,295m3 each Subject to maximum sludge capacity, maximum 16.5m diameter	Subject to maximum sludge capacity, 17.5m AOD (8.5m above FGL)
Foundation depth		Piles to a depth of -16m AOD (25m below FGL)
Un-thickened sludge tanks	3	Maximum sludge capacity of 1,327m3 each Subject to maximum sludge capacity, maximum 16.5m diameter	Subject to maximum sludge capacity, 17.5m AOD (8.5m above FGL)
Foundation depth		Piles to a depth of -16m AOD (25m below FGL)
Imports and screening area		80m x 50m	17.5m AOD (8.5m above FGL) (excluding vent stack, see Part 10 below)

PART 9 — THICKENING EQUIPMENT (WORK No. 8)

(1) Item	(2) Number	(3) Maximum design parameter	(4) Maximum height
Finished ground level (+ or – 0.5m)		9m AOD
Building to house thickening equipment	1	28m x 18m	19m AOD (10m above FGL)
Foundations		Piles to a depth of -16m AOD (25m below FGL)
Thickened sludge blending tank	1	Maximum sludge capacity of 800m3 Subject to maximum sludge capacity, maximum 11.5m diameter	Subject to maximum sludge capacity, 19m AOD (10m above FGL)
Overall footprint of thickening area		70m x 25m	19m AOD (10m above FGL)
Foundations		Piles to a depth of -16m AOD (25m below FGL)

PART 10 — ODOUR CONTROL PLANT (WORK No. 8)

(1) Item	(2) Number	(3) Maximum design parameter	(4) Maximum height
Finished ground level (+ or – 0.5m)		9m AOD
Sludge treatment centre odour control unit 1	1	20m x 10m	Vent stack 25m AOD (16m above FGL)
Sludge treatment centre odour control unit 2	1	20m x 10m	Vent stack 25m AOD (16m above FGL)

PART 11 — DIGESTERS (WORK No. 8)

(1) Item	(2) Number	(3) Maximum design parameter	(4) Maximum diameter	(5) Maximum height
Finished ground level (+ or – 0.5m)		9m AOD
Digesters capacity	2	4,900m3	22m	30.4m AOD (21.4m above FGL)
Post digestion storage capacity	2	400m3	8.5m	18.5m AOD (9.5m above FGL)
Heating, pasteurisation and hydrolysis (HpH) heating tank capacity	1	400m3	7m	24m AOD (15m above FGL)
Heating, pasteurisation and hydrolysis (HpH) pasteurisation tank capacity	2	400m3	7m	24m AOD (15m above FGL)
Heating, pasteurisation and hydrolysis (HpH) hydrolysis tank capacity	1	1,500m3	14m	24m AOD (15m above FGL)
Overall footprint of digestion plant area		100m x 60m		30.4m AOD (21.4m above FGL)
Depth of piled foundations		-16 AOD (25m below FGL)	–

PART 12 — CAKE DEWATERING AND STORAGE (WORK No. 8)

(1) Item	(2) Number	(3) Maximum design parameter	(4) Maximum height
Finished ground level (+ or – 0.5m)	–	–	9m AOD
Cake storage barn or silo	1	30m x 40m	18m AOD (9m above FGL)
Dewatering centrifuges/volutes	2	20m x 20m	Gantry height 17m AOD (8m above FGL)
Foundation depth		Piles to a depth of -16m AOD (25m below FGL)
Overall footprint of dewatering and cake storage area	–	60m x 50m (9m above FGL)

PART 13 — LIQUOR TREATMENT PLANT (WORK No. 8)

(1) Item	(2) Maximum design parameter	(3) Maximum height
Finished ground level (+ or – 0.5m)	9m AOD	–
Reactor	25m diameter	18m AOD (9m above FGL)
Stilling tank	5m diameter	18m AOD (9m above FGL)
Settlement tank	15m diameter	18m AOD (9m above FGL)
Foundation depth	Piles to a depth of -16m AOD (25m below FGL)
Total area of liquor treatment plant	75m x 40m	18m AOD (9m above FGL)

PART 14 — NUTRIENT RECOVERY OPTION (WORK No. 8)

(1) Item	(2) Maximum design parameter
Finished ground level (+ or – 0.5m)	9m AOD
Number of stripping/scrubbing columns	3 No.
Stripping/scrubbing column heights	27m AOD (18m above FGL)
Stripping/scrubbing column diameters	3m
Feed pumping station – depth	4m AOD (5m below FGL)
Foundation depth	Piles to a depth of -16m AOD (25m below FGL)
Total Area	50m x 50m
Total height	27m AOD (18m above FGL)

PART 15 — GAS HANDLING EQUIPMENT OPTIONS (WORK Nos. 8 and 9)

(1) Item	(2) Number	(3) Maximum design parameters	(4) Maximum height	(5) Maximum Capacity
Finished ground level (+ or – 0.5m)	–	–	9m AOD	–
Gas holder/gas bag (Work No. 8)	1	17m diameter	29m AOD (20m above FGL) including lightning protection	2,000m3
Flare stack (Work No. 8)	1		24m AOD (15m above FGL)	2,000m3/hr
Footprint of biogas storage and operational area (Work No. 8)		170m x 50m
Foundation depth		Piles to a depth of -16m AOD (25m below FGL)
EITHER
Biogas upgrading plant (Work No. 9)	1	50m x 50m	21m AOD (12m above FGL)	1,000m3/hr
OR
Combined heat and power (CHP) plant (Work No. 9)	2 CHP engines	50m x 50m	33m AOD (24m above FGL) stack combined with boiler flue (see Part 16 below)	1.5 MW thermal input per CHP engine (total maximum 3MWth)

PART 16 — STEAM RAISING BOILER (WORK No. 8)

(1) Item	(2) Number	(3) Maximum design parameter	(4) Maximum height
Finished ground level (+ or – 0.5m)		9m AOD
Boiler building	1	20m x 20m	17.5m AOD (8.5m above FGL)
Boiler stack	1	2m diameter plus access platform	Stack 33m AOD (24m above FGL)
Overall footprint of boiler plant		35m x 25m
Boiler capacity	2	3.5MWth each, one operational, one standby, total maximum 7MWth
Foundation depth		Piles to a depth of -16m AOD (25m below FGL)

PART 17 — INTERNAL ROADS (FURTHER WORKS WITHIN THE INNER BOUNDARY OF WORK No. 15)

(1) Item	(2) Maximum design parameter
Width of two way roads	8m wide
Width of one way roads	4m wide
Total area of internal roads	35,500m2

PART 18 — BUILDINGS AND OTHER FACILITIES (WORK Nos. 3, 7, 19 and FURTHER WORKS)

(1) Item	(2) Main parameters	(3) Maximum height
Gateway building (Work No. 19)	58.2m x 17.1m	18.5m AOD (9m above FGL) Piled foundations to a depth of -15.5m AOD (25m below FGL)
Workshop building (Work No. 7)	55m x 16m	19.5m AOD (10m above FGL) Piled foundations to a depth of -15.5m AOD (25m below FGL)
District Network Operator (DNO) enclosure (Work No. 19)	5m x 10m	12.5m AOD (3m above FGL)
Vehicle parking (Work Nos. 3, 7 and Further Works)	4,000m2	N/A
	56 staff (including LGVs); 7 HGVs; 3 trailers; 12 visitor vehicle parking spaces (including two disabled spaces); 1 visitor coach parking space Provision for 50 bicycles

PART 19 — CONSTRUCTION COMPOUNDS (WORK Nos. 18, 25, 28, 32 and 34)

(1) Item	(2) Maximum design parameter
Existing Cambridge waste water treatment plant tunnel interception shaft (shaft 1)/pipe jack reception shaft (shaft 2) (Work Nos. 18 and 25)	60m x 130m
Pipe jack intermediate shaft 3 (Work No. 28)	64m x 60m
Pipe jack intermediate shaft 4 (Work No. 28)	64m x 60m
Pipe jack intermediate shaft 5 (Work No. 28)	64m x 60m
Riverside compound for treated effluent discharge point (Work No. 32)	40m x 25m
Waterbeach Primary Compound located at the North end of the pipeline (Work No. 34)	100m x 100m
Additional transient compounds along the Waterbeach pipeline at 1km spacing between the Main Construction Compound and the Primary Compound (Work No. 34)	80m x 20m

PART 20 — TRANSFER TUNNEL (WORK Nos. 18 and 27)

(1) Item	(2) Diameter	(3) Height	(4) Depth to Invert (+ or – 0.5m)	(5) Existing and finished ground level (+ or – 0.5m)
Shaft 1 (interception shaft) (Work No. 18)	Maximum 9m	-	-11.0m AOD (18m below FGL)	7m AOD (0m above FGL)
Shaft 1 vent stack and odour control height (Work No. 18)		17m AOD (10m above FGL)	6m AOD (1m below FGL)	7m AOD (0m above FGL)
Shaft 2 (Work No. 18)	12m	-	-11.0m AOD (18m below FGL)	7m AOD (0m above FGL)
Shaft 1 and 2 combined option (Work No. 18)	Remaining shaft 9m – temporary excavation 20m x 10m	-	-11.0m AOD (18m below FGL)	7m AOD (0m above FGL)
Shaft 3 (Work No. 27)	12.5m	-	-11.5m AOD (21m below FGL)	9.5m AOD (0m above FGL)
Shaft 4 (Work No. 27)	9.0m	-	-12.0m AOD (21m below FGL)	9.0m AOD (0m above FGL)
Shaft 5 (Work No. 27)	12.5m	-	-12.5m AOD (23.5m below FGL)	11.0m AOD (0m above FGL)

PART 21 — OUTFALL STRUCTURE (WORK No. 32)

(1) Item	(2) Length/dimensions (+ or – 0.5m)	(3) Depth to invert (+ or – 0.5m)	(4) Existing and finished ground level (+ or – 0.5m)
Finished ground level (+ or – 0.5m)			4.5m AOD (0m above FGL)
Outfall structure	12m long x 7m wide x 5m deep	0.5m AOD (4m below FGL)	4.5m AOD (0m above FGL)
North Sheet piled protection	20m	-5.0m AOD (9.5m below FGL)	4.5m AOD (0m above FGL)
South Sheet piled protection	35m	-5.0m AOD (10.5m below FGL)	5.5m AOD (0m above FGL)

PART 22 — SOLAR INSTALLATION (WORK Nos. 7, 15 and 19)

(1) Item	(2) Maximum area	(3) Minimum area
Total solar installation	7.0 Hectares	0.0 Hectares

PART 23 — HEIGHTS OF SLIM STRUCTURES NOT INCLUDED IN OTHER PARTS

(1) Item	(2) Height	(3) Existing and finished Ground level (+ or – 0.5m)
Heights of crane jibs during construction (all Work Nos.)	50m above existing ground level equating to 60.0m AOD	No greater than 10.0m AOD
Lighting columns (Work Nos. 2, 3 and further works)	15m AOD (5m above FGL)	No greater than 10.0m AOD

PART 24 — PARAPET OVER THE A14 (WORK No. 1)

(1) Item	(2) Height
Equestrian parapet over the A14 forming part of the highway works within Work No. 1	1.8m

SCHEDULE 15 — PROTECTIVE PROVISIONS

PART 1 — FOR THE PROTECTION OF ELECTRICITY AND GAS UNDERTAKERS

Application

1

For the protection of the affected undertakers referred to in this Part of this Schedule (save for Eastern Power Networks Plc which is protected by Part 2 of this Schedule and Cadent Gas Limited which is protected by Part 3 of this Schedule) the following provisions must, unless otherwise agreed in writing between the undertaker and the affected undertaker concerned, have effect.

2

In this Part of this Schedule—

• “affected undertaker” means— any licence holder within the meaning of Part 1 (electricity supply) of the 1989 Act; a gas transporter within the meaning of Part 1 (gas supply) of the Gas Act 1986[^f00106] for the area of the authorised development but, for the avoidance of doubt, does not include Eastern Power Networks Plc and Cadent Gas Limited which have the benefit of Part 2 and Part 3 of this Schedule respectively, and in relation to any apparatus, means the party to whom it belongs or by whom it is maintained;

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

• “apparatus” means— in the case of an electricity undertaker, electric lines or electrical plant (as defined in the 1989 Act), belonging to or maintained by that affected undertaker; in the case of a gas undertaker, any mains, pipes or other apparatus belonging to or maintained by a gas transporter for the purposes of gas supply;

• “functions” includes power and duties; and

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

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

3

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

Removal of apparatus

4

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

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

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

• (4) Any alternative apparatus to be constructed in land of the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between the affected undertaker in question and the undertaker or in default of agreement settled by arbitration in accordance with article 52 (arbitration).

• (5) The affected undertaker in question must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 52 (arbitration) and after the grant to the affected undertaker of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.

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

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

Facilities and rights for alternative apparatus

5

• (1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to an affected undertaker facilities and rights for the construction and maintenance in land of the undertaker or alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and the affected undertaker in question or in default of agreement settled by arbitration in accordance with article 52 (arbitration).

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

Retained apparatus

6

• (1) Not less than 28 days before starting the execution of any works in, on or under any land purchased, held, appropriated or used under this Order that are near to, or will or may affect, any apparatus the removal of which has not been required by the undertaker under paragraph 4(2) of this Part of this Schedule, the undertaker must submit to the affected undertaker in question a plan of the works to be executed.

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

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

• (4) If an affected undertaker in accordance with sub-paragraph (3) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 1 to 5 of this Part of this Schedule apply as if the removal of the apparatus had been required by the undertaker under paragraph 4(2) of this Part of this Schedule.

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

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

Expenses and costs

7

• (1) Subject to the following provisions of this paragraph, the undertaker must repay to an affected undertaker the reasonable expenses incurred by that affected undertaker in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any such works as are referred to in paragraph 4(2) of this Part of this Schedule.

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

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

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

• (b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of the apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 52 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the affected undertaker in question by virtue of sub-paragraph (1) must be reduced by the amount of that excess.

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

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

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

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

Compensation

8

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

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

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

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

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

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

PART 2 — FOR THE PROTECTION OF EASTERN POWER NETWORKS PLC

Application

9

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

Interpretation

10

In this Part of this Schedule—

• “alternative apparatus” means alternative apparatus adequate to enable Eastern Power to fulfil its statutory functions in a manner not less efficient than previously;

• “apparatus” means electric lines or electrical plant (as defined in the 1989 Act) belonging to or maintained by Eastern Power and which for the avoidance of doubt includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

• “functions” includes powers and duties;

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

• “Eastern Power” means Eastern Power Networks Plc (company registration number 02366906) registered at Newington House, 237 Southwark Bridge Road, London, SE1 6NP.

On-street apparatus

11

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

Temporary closure of streets

12

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

Acquisition of land

13

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

Removal of apparatus

14

• (1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed or over which access to any apparatus is enjoyed or requires that Eastern Power’s apparatus is relocated or diverted, that apparatus must not be removed under this Part of this Schedule, and any right of Eastern Power to maintain that apparatus in that land and to gain access to it must not be extinguished, until alternative apparatus has been constructed and is in operation, and access to it has been provided, to the reasonable satisfaction of Eastern Power in accordance with sub-paragraphs (2) to (7).

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

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

• (4) Any alternative apparatus to be constructed in land of the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between Eastern Power and the undertaker or in default of agreement settled by arbitration in accordance with article 52 (arbitration).

• (5) Eastern Power must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 52 (arbitration), and after the grant to Eastern Power of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.

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

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

Facilities and rights for alternative apparatus

15

• (1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to Eastern Power facilities and rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and Eastern Power or in default of agreement settled by arbitration in accordance with article 52 (arbitration).

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

Retained apparatus

16

• (1) Not less than twenty-eight days before starting the execution of any works in, on or under any land purchased, held, appropriated or used under this Order that are near to, or will or may affect, any apparatus the removal of which has not been required by the undertaker under paragraph 14(2) of this Part of this Schedule, the undertaker must submit to Eastern Power a plan, section and description of the works to be executed.

• (2) Those works must be executed only in accordance with the plan, section and description submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (4) by Eastern Power for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and Eastern Power is entitled to watch and inspect the execution of those works.

• (3) If Eastern Power fails to respond to a plan, section and description submitted under sub-paragraph (1) within 42 days of its submission, the undertaker may send a written reminder to Eastern Power, and if Eastern Power has neither given nor refused its approval within 14 days of the issue of such reminder, such approval will be deemed to have been given.

• (4) Any requirements made by Eastern Power under sub-paragraph (2) must be made within the period referred to in sub-paragraph (3).

• (5) If Eastern Power in accordance with sub-paragraph (4) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 9 to 15 of this Part of this Schedule apply as if the removal of the apparatus had been required by the undertaker under paragraph 14(2) of this Part of this Schedule.

• (6) Nothing in this paragraph 16 precludes the undertaker from submitting at any time or from time to time, but in no case less than 15 days before commencing the execution of any works, a new plan, section and description instead of the plan, section and description previously submitted, and having done so the provisions of this paragraph 16 apply to and in respect of the new plan, section and description.

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

Expenses

17

• (1) Subject to the following provisions of this paragraph 17, the undertaker must repay to Eastern Power the reasonable expenses incurred by Eastern Power in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any such works as are referred to in paragraph 14(2) of this Part of this Schedule.

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

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

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

• (b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 52 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to Eastern Power by virtue of sub-paragraph (1) is to be reduced by the amount of that excess.

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

• (a) an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus where such extension is required in consequence of the execution of any such works as are referred to in paragraph 14(2) of this Part of this Schedule; and

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

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

Indemnity

18

• (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any of the works referred to in paragraph 14(2) of this Part of this Schedule, any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of Eastern Power, or there is any interruption in any service provided, or in the supply of any goods, by Eastern Power, the undertaker must—

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

• (b) make reasonable compensation to Eastern Power for any other expenses, loss, damages, penalty or costs incurred by Eastern Power,

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

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

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

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

Application

19

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

Interpretation

20

In this Part of this Schedule, unless context requires otherwise, the following terms have the following meanings—

• “acceptable credit provider” means a bank or financial institution with a credit rating that is not lower than: “A-” if the rating is assigned by Standard & Poor’s Ratings Group or Fitch Ratings; and “A3” if the rating is assigned by Moody’s Investors Services Inc.;

• “acceptable insurance” means a third party liability insurance effected and maintained by the undertaker to a level of not less than £50,000,000 (fifty million pounds) per occurrence or series of occurrences arising out of one event. Such insurance must be maintained for the construction period of the authorised works which constitute specified works and arranged with an internationally recognised insurer of repute operating in the London and worldwide insurance market underwriters whose security/credit rating meets the same requirements as an “acceptable credit provider”, such policy must include (but without limitation)— Cadent as a Co-Insured; a cross liabilities clause; a waiver of subrogation in favour of Cadent; and contractors’ pollution liability for third party property damage and third party bodily damage arising from a pollution/contamination event with cover of £10,000,000 (ten million pounds) per event or £20,000,000 (twenty million pounds) in aggregate;

• “acceptable security” means either— evidence provided to Cadent’s reasonable satisfaction that the undertaker has a tangible net worth of not less than £50,000,000 (Fifty Million Pounds) (or an equivalent financial measure); a parent company guarantee from a parent company in favour of Cadent to cover the undertaker’s liability to Cadent to a cap of not less than £50,000,000 (fifty million pounds) per asset per event up to a total liability cap of £50,000,000 (fifty million pounds) (in a form reasonably satisfactory to Cadent and where required by Cadent, accompanied with a legal opinion confirming the due capacity and authorisation of the parent company to enter into and be bound by the terms of such guarantee); or a bank bond or letter of credit from an acceptable credit provider in favour of Cadent Gas Limited to cover the undertaker’s liability to Cadent for an amount of not less than £50,000,000 (fifty million pounds) per asset per event up to a total liability cap of £50,000,000 (fifty million pounds) (in a form reasonably satisfactory to Cadent);

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

• “apparatus” means any gas mains, pipes, pressure governors, ventilators, cathodic protections (including transformed rectifiers and any associated groundbeds or cables), cables, marker posts, block valves, hydrogen above ground installations or other apparatus belonging to or maintained by Cadent for the purposes of Cadent’s undertaking together with any replacement apparatus and such other apparatus constructed pursuant to this Order that becomes operational apparatus of Cadent for the purposes of Cadent’s undertaking and includes any structure in which apparatus is or will be lodged or which gives or will give access to apparatus;

• “authorised works” has the same meaning as is given to the term “authorised development” in article 2 (interpretation) of this Order and includes any associated development authorised by the Order and for the purposes of this Part of this Schedule includes the use and maintenance of the authorised works and construction of any works authorised by this Schedule;

• “Cadent” means Cadent Gas Limited (Company Number 10080864) whose registered office is situated at Pilot Way, Ansty, Coventry, England, CV7 9JU and any successor in title or assign and/or any successor as a gas transporter within the meaning of Part 1 of the Gas Act 1986;

• “Cadent’s undertaking” means the rights, duties and obligations of Cadent Gas Limited as a public gas transporter within the meaning of Section 7 of the Gas Act 1986[^f00107];

• “deed of consent” means a deed of consent, crossing agreement, deed of variation or new deed of grant agreed between the parties acting reasonably in order to vary and/or replace existing easements, agreements, enactments and other such interests so as to secure land rights and interests as are necessary to carry out, maintain, operate and use the apparatus in a manner consistent with the terms of this Part of this Schedule;

• “functions” includes powers and duties;

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

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

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

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

• “maintain” and “maintenance” includes the ability and right to do any of the following in relation to any apparatus or alternative apparatus of Cadent including retain, lay, construct, inspect, maintain, protect, use, access, enlarge, replace, renew, remove, decommission or render unusable or remove the apparatus and the definition of “maintain” in article 2 does not apply to this Part of this Schedule;

• “parent company” means a parent company of the undertaker acceptable to Cadent and which will have been approved by Cadent acting reasonably;

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

• “rights” includes rights and restrictive covenants, and in relation to decommissioned apparatus the surrender of rights, release of liabilities and transfer of decommissioned apparatus;

• “specified works” means any of the authorised works or activities undertaken in association with the authorised works which— will or may be situated over, or within, 15 metres measured in any direction of any apparatus the removal of which has not been required by the undertaker under paragraph 25(2) of this Part of this Schedule or otherwise; include any of the activities that are referred to in CD/SP/SSW/22 (Cadent’s policies for safe working in the vicinity of Cadent’s Assets).

On street apparatus

21

• (1) Except for paragraphs 22 (Apparatus of Cadent in stopped up streets), 25 (Removal of apparatus) in so far as sub-paragraph 21(2) of this Part of this Schedule applies, paragraph 26 (Facilities and rights for alternative apparatus) in so far as sub-paragraph 21(2) of this Part of this Schedule applies, 27 (Retained apparatus: protection of Cadent), 28 (Expenses) and 29 (Indemnity) of this Part of this Schedule which will apply in respect of the exercise of all or any powers under the Order affecting the rights and apparatus of Cadent, the other provisions of this Part of this Schedule do not apply to apparatus in respect of which the relations between the undertaker and Cadent are regulated by the provisions of Part 3 of the 1991 Act.

• (2) Notwithstanding sub-paragraph (1), paragraphs 25 and 26 of this Part of this Schedule apply to diversions even where carried out under the 1991 Act, in circumstances where any apparatus is diverted from an alignment within the existing adopted public highway but not wholly replaced within an existing adopted public highway.

• (3) Notwithstanding article 11 (power to alter layout, etc, of streets) or any other powers in the Order generally, section 85 (sharing of cost of necessary measures) of the 1991 Act in relation to cost sharing and the regulations made thereunder will not apply in relation to any diversion of apparatus of Cadent under the 1991 Act.

Apparatus of Cadent in stopped up streets

22

Notwithstanding the temporary stopping up or diversion of any street under the powers of article 12 (temporary stopping up of streets), Cadent will be at liberty at all times to take all necessary access across any such stopped up street and/or to execute and do all such works and things in, upon or under any such street as it would have been entitled to do immediately before such temporary stopping up or diversion in respect of any apparatus which at the time of the stopping up or diversion was in that street.

Protective works to buildings

23

• (1) The undertaker, in the case of the powers conferred by article 20 (protective works to buildings and structures), must exercise those powers so as not to obstruct or render less convenient the access to any apparatus without the written consent of Cadent and, if by reason of the exercise of those powers any damage to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal or abandonment) or property of Cadent or any interruption in the supply of gas by Cadent, as the case may be, is caused, the undertaker must bear and pay on demand the cost reasonably incurred by Cadent in making good such damage or restoring the supply; and subject to sub-paragraph (2), will—

• (a) pay compensation to Cadent for any loss sustained by it; and

• (b) indemnify Cadent against all claims, demands, proceedings, costs, damages and expenses which may be made or taken against or recovered from or incurred by Cadent, by reason of any such damage or interruption.

• (2) Nothing in this paragraph 23 imposes any liability on the undertaker with respect to any damage or interruption to the extent that such damage or interruption is attributable to the act, neglect or default of Cadent or its contractors or workmen; and Cadent will give to the undertaker reasonable notice of any claim or demand as aforesaid and no settlement or compromise thereof will be made by Cadent, save in respect of any payment required under a statutory compensation scheme, without first consulting the undertaker and giving the undertaker an opportunity to make representations as to the claim or demand.

Acquisition of land

24

• (1) Regardless of any provision in this Order or anything shown on the land plans or contained in the book of reference to the Order, the undertaker may not appropriate or acquire any land interest or appropriate, acquire, extinguish, interfere with or override any easement, other interest or right and/or apparatus of Cadent otherwise than by agreement.

• (2) As a condition of agreement between the parties in sub-paragraph (1), prior to the carrying out of any part of the authorised works (or in such other timeframe as may be agreed between Cadent and the undertaker) that are subject to the requirements of this Part of this Schedule that will cause any conflict with or breach the terms of any easement and/or other legal or land interest of Cadent and/or affects the provisions of any enactment or agreement regulating the relations between Cadent and the undertaker in respect of any apparatus laid or erected in land belonging to or secured by the undertaker, the undertaker must as Cadent reasonably requires enter into such deeds of consent and variations upon such terms and conditions as may be agreed between Cadent and the undertaker acting reasonably and which must be no less favourable on the whole to Cadent unless otherwise agreed by Cadent, and it will be the responsibility of the undertaker to procure and/or secure the consent and entering into of such deeds and variations by all other third parties with an interest in the land at that time who are affected by such authorised works.

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

• (4) Any agreement or consent granted by Cadent under paragraph 27 of this Part of this Schedule or any other paragraph of this Part of this Schedule, will not be taken to constitute agreement under sub-paragraph (1).

• (5) As a condition of an agreement between the parties in sub-paragraph (1) that involves de-commissioned apparatus being left in situ the undertaker must accept a surrender of any existing easement and/or other interest of Cadent in such decommissioned apparatus and consequently acquire title to such decommissioned apparatus and release Cadent from all liabilities in respect of such de-commissioned apparatus from the date of such surrender.

• (6) Where an undertaker acquires land which is subject to any Cadent right or interest (including, without limitation, easements, and agreements relating to rights or other interests) and the provisions of this paragraph 24 do not apply, the undertaker must—

• (a) retain any notice of Cadent’s easement, right or other interest on the title to the relevant land when registering the undertaker’s title to such acquired land; and

• (b) (where no such notice of Cadent’s easement, right or other interest exists in relation to such acquired land or any such notice is registered only on the Land Charges Register) include (with its application to register title to the undertaker’s interest in such acquired land at the Land Registry) a notice of Cadent’s easement, right or other interest in relation to such acquired land.

Removal of apparatus

25

• (1) If, in the exercise of the agreement reached in accordance with paragraph 24 of this Part of this Schedule or in any other authorised manner, the undertaker acquires any interest in any land in which any apparatus is placed, that apparatus must not be decommissioned or removed under this Part of this Schedule and any right of Cadent to maintain that apparatus in that land must not be extinguished until alternative apparatus has been constructed, is in operation, and the rights and facilities referred to in sub-paragraph (2) have been provided, to the satisfaction of Cadent and in accordance with sub-paragraphs (2) to (5) inclusive.

• (2) If, for the purpose of executing any works in, on, under or over any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land. it must give to Cadent advance written notice of that requirement, together with a plan and section of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order Cadent reasonably needs to move or remove any of its apparatus) the undertaker must afford to Cadent to its satisfaction (taking into account paragraph 26(1) of this Part of this Schedule) the necessary facilities and rights—

• (a) for the construction of alternative apparatus (including appropriate working areas required to reasonably and safely undertake necessary works by Cadent in respect of the apparatus);

• (b) subsequently for the maintenance of that apparatus (including appropriate working areas required to reasonably and safely undertake necessary works by Cadent in respect of the apparatus); and

• (c) to allow access to that apparatus (including appropriate working areas to reasonably and safely undertake necessary works by Cadent in respect of the apparatus).

• (3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of or land secured by the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2), in the land in which the alternative apparatus or part of such apparatus is to be constructed, Cadent may, on receipt of a written notice to that effect from the undertaker, take such steps as are reasonable in the circumstances in an endeavour to assist the undertaker in obtaining the necessary facilities and rights in the land in which the alternative apparatus is to be constructed, save that this obligation will not extend to the requirement for Cadent to use its compulsory purchase powers to this end unless it (in its absolute discretion) elects to so do.

• (4) Any alternative apparatus to be constructed in land of or land secured by the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between Cadent and the undertaker.

• (5) Cadent must, after the alternative apparatus to be provided or constructed has been agreed, and subject to the prior grant to Cadent of any such facilities and rights as are referred to in sub-paragraph (2) or (3), have been afforded to Cadent to its satisfaction, then proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to decommission or remove any apparatus required by the undertaker to be decommissioned or removed under the provisions of this Part of this Schedule.

Facilities and rights for alternative apparatus

26

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

• (2) If the facilities and rights to be afforded by the undertaker and agreed with Cadent under sub-paragraph (1) in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are less favourable on the whole to Cadent than the facilities and rights enjoyed by it in respect of the apparatus to be decommissioned or removed (in Cadent’s reasonable opinion) then the terms and conditions to which those facilities and rights are subject in the matter will be referred to arbitration in accordance with paragraph 33 of this Part of this Schedule and the arbitrator will make such provision for the payment of compensation by the undertaker to Cadent as appears to the arbitrator to be reasonable having regard to all the circumstance of the particular case.

Retained apparatus: protection of Cadent

27

• (1) Not less than 56 days before the commencement of any specified works the undertaker must submit to Cadent a plan and, if reasonably required by Cadent, a ground monitoring scheme in respect of those works.

• (2) The plan to be submitted to Cadent under sub-paragraph (1) must include a method statement and describe—

• (a) the exact position of the works;

• (b) the level at which these are proposed to be constructed or renewed;

• (c) the manner of their construction or renewal including details of excavation, positioning of plant etc.;

• (d) the position of all apparatus;

• (e) by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus; and

• (f) any intended maintenance regimes.

• (3) The undertaker must not commence any works to which sub-paragraph (1) applies until Cadent has given written approval of the plan so submitted.

• (4) Any approval of Cadent required under sub-paragraph (3)—

• (a) may be given subject to reasonable conditions for any purpose mentioned in sub-paragraphs (5) or (7); and

• (b) must not be unreasonably withheld or delayed.

• (5) In relation to any work to which sub-paragraph (1) applies, Cadent may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing apparatus against interference or risk of damage or for the purpose of providing or securing proper and convenient means of access to any apparatus.

• (6) Works to which this paragraph 27 applies must only be executed in accordance with the plan, submitted under sub-paragraphs (1) and (2) or as relevant sub-paragraph (5), as approved or as amended from time to time by agreement between the undertaker and Cadent and in accordance with all conditions imposed under sub-paragraph (4)(a), and Cadent will be entitled to watch and inspect the execution of those works.

• (7) Where Cadent requires any protective works to be carried out by itself or by the undertaker (whether of a temporary or permanent nature) such protective works, inclusive of any measures or schemes required and approved as part of the plan approved pursuant to this paragraph 27, must be carried out to Cadent’s satisfaction prior to the commencement of any authorised works (or any relevant part thereof) for which protective works are required prior to commencement.

• (8) If Cadent in accordance with sub-paragraphs (5) or (7) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, sub-paragraphs (1) to (3) and (6) to (8) apply as if the removal of the apparatus had been required by the undertaker under sub-paragraph 25(2) of this Part of this Schedule.