Infrastructure Planning PART 1 PRELIMINARY Citation and commencement 1 This Order may be cited as the Progress Power (Gas Fired Power Station) Order 2015 and comes into force on 14th August 2015. Interpretation 2 1 In this Order— “the 1961 Act ” means the Land Compensation Act 1961 ; “the 1965 Act ” means the Compulsory Purchase Act 1965 ; “the 1980 Act ” means the Highways Act 1980 ; “the 1990 Act ” means the Town and Country Planning Act 1990 ; “the 1991 Act ” means the New Roads and Street Works Act 1991 ; “the 2008 Act” means the Planning Act 2008; “address” includes any number or address used for the purposes of electronic transmission; “authorised development” means the development and associated development described in Schedule 1 (authorised development) which is development within the meaning of section 32 of the 2008 Act; “the book of reference” means the book of reference submitted as revision 1.0 dated 19th December 2014 certified by the Secretary of State as the book of reference for the purposes of this Order; “building” includes any structure or erection or any part of a building, structure or erection; “carriageway” has the same meaning as in the 1980 Act; “commence”, unless otherwise provided for, means beginning to carry out any material operation, as defined in section 155 of the 2008 Act (which explains when development begins), comprised in or carried out for the purposes of the authorised development and the words “commencement” and “commenced” and cognate expressions are to be construed accordingly; “date of final commissioning” means the date on which the authorised development commences operation by generating power on a commercial basis; “the design principles statement” means the Design Principles contained within Annex 1, Design Principles 10.2 Design and Access Statement pages 39 to 43, in the document dated October 2014 and in chapter 0.4 of the Design and Access Statement Revision 0 dated December 2014 submitted with the application and certified as such by the Secretary of State for the purposes of this Order; “the ecological management strategy” means the outline ecological management strategy, submitted as revision 1.0 dated September 2014 and which is certified as such by the Secretary of State for the purposes of this Order; “electronic transmission” means a communication transmitted— by means of an electronic communications network; or by other means but while in electronic form; “the environmental statement” means the environmental statement submitted with the application together with any supplementary or further environmental information submitted by the undertaker in support of the application and certified as such by the Secretary of State for the purposes of this Order updated as follows— Appendix 4.A is superseded by the outline construction environment management plan; Appendix 12.D is superseded by the outline construction traffic management plan; Appendix 13.C is superseded by the stage 2 written scheme of archaeological investigation; “exhaust gas emission flue stack” means the exhaust gas emission flue stack excluding any ancillary support structures, sound proof cladding, and emissions monitoring platforms; “the flood risk assessment” means the flood risk assessment submitted with the application as revision 0 dated December 2014 and certified as such by the Secretary of State for the purposes of this Order; “footpath” and “footway” have the same meaning as in the 1980 Act; “gas turbine generator” means either one or two gas turbines which drive a single electricity generator for the purposes of generating electricity; “gross rated electrical output” means the aggregate of gross electrical power as measured at the terminals of each generator in accordance with standards agreed with the regulating authority under the Environmental Permitting (England and Wales) Regulations 2010 ; “highway” and “highway authority” have the same meaning as in the 1980 Act; “important hedgerow plan” means the important hedgerow plan submitted as revision 1.0 dated December 2014 and certified as such by the Secretary of State for the purposes of this Order; “the land plans” means the plans submitted as revision 0 dated December 2014 and certified as the land plans by the Secretary of State for the purposes of this Order; “landscape mitigation strategy” means the interim landscape mitigation strategy submitted as revision 3.0 dated December 2014 and which is certified as such by the Secretary of State for the purposes of this Order; “limits of deviation” means, in respect of numbered works 1, 2, 3, 5 and 7 the outer limits of the corresponding numbered area shown on the works plans and, in respect of numbered works 4 and 6, the limits to either side of the corresponding numbered line shown on the works plans; “ MWe ” means megawatts of electrical output; “maintain” includes, to the extent assessed in the environmental statement, inspect, repair, adjust, alter, remove, refurbish, reconstruct, replace and improve any part, but not the whole, of the authorised development and “maintenance” and “maintaining” are to be construed accordingly; “ National Grid ” means National Grid Electricity Transmission plc (Company Registration Number 02366977) whose registered office is at 1 to 3 Strand, London, WC2N 5EH and/or National Grid Gas plc (Company Registration Number 02006000) whose registered office is at 1 to 3 Strand, London, WC2N 5EH as the context requires; “Natural England” means the body established by section 1 of the Natural Environment and Rural Communities Act 2006 ; “operational phase” means the period of time that the relevant part of the authorised development is in operation after construction and “operation” should be construed accordingly; “Order land” means the land required for, or affected by, the proposed development shown on the land plans and described in the book of reference; “the Order limits” means the limits shown on figure 1 (sheet 1 and 2) of the works plans within which the authorised development may be carried out; “the outline construction environment management plan” means the outline construction environment management plan submitted as revision 0 dated December 2014 and which is certified as such by the Secretary of State for the purposes of this Order; “the outline construction traffic management plan” means the outline construction traffic management plan submitted as revision 0 dated December 2014 and which is certified as such by the Secretary of State for the purposes of this Order; “the outline landscaping plans” means the outline landscaping plans, submitted as revision 0 and dated December 2014 and certified as such by the Secretary of State for the purposes of this Order; “the outline lighting strategy ” means the outline lighting strategy submitted as revision 0 dated December 2014 and which is certified as such by the Secretary of State for the purposes of this Order; “owner”, in relation to land, has the same meaning as in section 7 of the Acquisition of Land Act 1981 ; “ Progress Power Limited ” means Progress Power Limited (Company No. 8190283) whose registered office is at 33 Cavendish Square, London, W1G 0PW; “relevant planning authority” means the district planning authority for the area in which the land to which the provisions of this Order apply is situated; “Requirements” means those matters set out in Schedule 2 (Requirements) to this Order; “rights of way, streets and access plan” means the plan submitted as revision 0 dated December 2014 and certified as such by the Secretary of State for the purposes of this Order; “stage 2 written scheme of archaeological investigation” means the stage 2 written scheme of archaeological investigation submitted as revision 0 dated December 2014 and certified as such by the Secretary of State for the purposes of this Order; “statutory undertaker” means any person within the meaning of section 127(8) of the 2008 Act; “street” means a street within the meaning of section 48 of the 1991 Act, together with land on the verge of a street or between two carriageways, and includes any footpath and “street” includes any part of a street; “street authority”, in relation to a street, has the same meaning as in Part 3 of the 1991 Act; “travel plan” means the travel plan contained in appendix 12.E of the environmental statement setting out measures to promote sustainable transport during the construction phase and outline measures to propose sustainable transport during the operational phase of the authorised development; “ the tribunal ” means the Lands Chamber of the Upper Tribunal; “undertaker” means Progress Power Limited; “watercourse” includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain; and “the works plans” means the works plans submitted as revision 0 and dated December 2014 and certified as such by the Secretary of State for the purposes of this Order. 2 References in this Order to rights over land include references to rights to do or to place and maintain anything in, on or under land or in the air-space above its surface. 3 All distances, directions and lengths referred to in this Order are approximate and distances between points on a work comprised in the authorised development are to be taken to be measured along that work. 4 All areas described in square metres in the book of reference are approximate. 5 References in this Order to numbered works are references to the works comprising the authorised development as numbered in Schedule 1 and shown on the works plans and a reference to numbered work 1 means 1A to 1D (inclusive) and a reference to numbered 3 means 3A and 3B (inclusive). 6 References in this Order to points identified by letters or numbers are to be construed as references to points so lettered or numbered on the rights of way, streets and access plan. 7 The expression “includes” is to be construed without limitation. PART 2 PRINCIPAL POWERS Development consent etc. granted by the Order 3 1 Subject to the provisions of this Order and to the Requirements in Schedule 2, the undertaker is granted development consent for the authorised development in Schedule 1 to be carried out within the Order limits. 2 Subject to paragraph (3) , each numbered work must be situated on the corresponding numbered line or numbered area shown on the works plans. 3 In constructing each numbered work, the undertaker may deviate from the corresponding numbered line shown on the works plans or within the corresponding numbered areas shown on the works plans up to the limits of deviation. Maintenance of authorised development 4 The undertaker may at any time maintain the authorised development, except to the extent that this Order or an agreement made under this Order provides otherwise. Operation of authorised development 5 1 The undertaker is hereby authorised to operate the generating station comprised in the authorised development. 2 This article does not relieve the undertaker of any requirement to obtain any permit or licence or any obligation under any legislation that may be required to authorise the operation of an electricity generating station. Benefit of the Order 6 1 The provisions of this Order shall— a in respect of Works No. 3 and No. 5 have effect for the benefit of the undertaker and National Grid; and b in respect of Work No. 7 have effect for the benefit of the undertaker and the highway authority. 2 The undertaker may, with the consent of the Secretary of State— a transfer to another person (“the transferee”) any or all of the benefit of the provisions of this Order and such related statutory rights as may be agreed in writing between the undertaker and the transferee; or b grant to another person (“the lessee”) for a period agreed between the undertaker and the lessee any or all of the benefit of the provisions of this Order and such related statutory rights as may be so agreed except where paragraph (5) applies in which case no such consent is required. 3 Where an agreement has been made in accordance with paragraph (2) references in this Order to the undertaker, except in paragraph (4), include references to the transferee or the lessee. 4 The exercise by a person of any benefits or rights conferred in accordance with any transfer or grant under paragraph (2) is subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by the undertaker. 5 This paragraph applies where— a the transferee or lessee is the holder of a licence under section 6 of the Electricity Act 1989 or section 7 of the Gas Act 1986 ; or b the time limits for all claims for compensation in respect of the acquisition of land or effects upon land under this Order have elapsed and— i no such claims have been made; ii any such claims that have been made have all been compromised or withdrawn; iii compensation has been paid in final settlement of all such claims; iv payment of compensation into court in lieu of settlement of all such claims has taken place; or v it has been determined by a tribunal or court of competent jurisdiction in respect of all claims that no compensation is payable. 6 Where paragraph (5) applies the undertaker must notify the Secretary of State in writing before transferring or granting any benefit referred to in paragraph (2). Guarantees in respect of payment of compensation 7 1 The undertaker must not begin to exercise the powers in articles 10 to 29 , 31 and 32 of this Order in relation to any land unless it has first put in place either— a a guarantee in respect of the liabilities of the undertaker to pay compensation under this Order in respect of the exercise of the relevant power in relation to that land; or b an alternative form of security for that purpose which has been approved by the Secretary of State. 2 A guarantee or alternative form of security given in respect of any liability of the undertaker to pay compensation under the Order is to be treated as enforceable against the guarantor by any person to whom such compensation is payable and must be in such a form as to be capable of enforcement by such a person. Application and modification of legislative provisions 8 Regulation 6 of the Hedgerows Regulations 1997 is to be modified so as to read for the purposes of this Order only as if there were inserted after paragraph (1)(j) the following— k or for carrying out development which has been authorised by development consent made pursuant to the Planning Act 2008 . PART 3 STREETS Power to alter layout, etc., of streets 9 1 The undertaker may, for the purposes of the authorised development, alter the layout of or carry out any works in the street in the case of permanent works as specified in column (2) of Part 1 of Schedule 3 (permanent alteration of layout) in the manner specified in relation to that street in column (3) and in the case of temporary works as specified in column (2) of Part 2 of Schedule 3 (temporary alteration of layout) in the manner specified in relation to that street in column (3). 2 Without prejudice to the specific powers conferred by paragraph (1), but subject to paragraph (3) , the undertaker may, for the purposes of constructing and maintaining the authorised development alter the layout of any street within the Order limits and, without limiting the scope of this paragraph, the undertaker may— a alter the level or increase the width of any kerb, footway, cycle track or verge; b make and maintain passing places. 3 The undertaker must restore any street that has been temporarily altered under this article to the reasonable satisfaction of the street authority. 4 The powers conferred by paragraph (2) must not be exercised without the consent of the street authority. 5 If a street authority which receives an application for consent under paragraph (4) fails to notify the undertaker of its decision before the end of the period of eight weeks beginning with the date on which the application was made (or such longer period as may be agreed with the undertaker in writing), it is deemed to have granted consent. 6 Paragraphs (3) , (4) and (5) do not apply where the undertaker is the street authority for a street in which the works are being carried out. Street works 10 1 The undertaker may, for the purposes of the authorised development, enter on so much of any of the streets specified in Schedule 4 (streets subject to street works) as is within the Order limits and may— a break up or open the street, or any sewer, drain or tunnel under it; b tunnel or bore under the street; c place apparatus in the street; d maintain apparatus in the street or change its position; and e execute any works required for or incidental to any works referred to in sub-paragraphs (a), (b), (c) and (d). 2 The authority given by paragraph (1) is a statutory right for the purposes of sections 48(3) (streets, street works and undertakers) and 51(1) (prohibition of unauthorised street works) of the 1991 Act. 3 Where the undertaker is not the street authority, the provisions of sections 54 to 106 of the 1991 Act apply to any street works carried out under paragraph (1). 4 In this article “apparatus” has the same meaning as in Part 3 of the 1991 Act. Construction and maintenance of new or altered means of access 11 1 Those parts of each means of access specified in Part 1 of Schedule 6 to be constructed under this Order must be completed to the reasonable satisfaction of the highway authority and must be maintained by and at the expense of the undertaker for a period of 12 months from completion and from the expiry of that period by and at the expense of the highway authority. 2 Those parts of each means of access specified in Part 2 of Schedule 6 to be constructed under this Order and which are not intended to be a public highway must be completed to the reasonable satisfaction of the street authority and must be maintained by and at the expense of the undertaker for a period of 12 months from completion and from the expiry of that period by and at the expense of the street authority. 3 Those restoration works carried out pursuant to article 9(3) (power to alter layout, etc., of streets) identified in Part 3 of Schedule 6 which are not intended to be a public highway must be completed to the reasonable satisfaction of the street authority and must be maintained by and at the expense of the street authority. Temporary prohibition or restriction of use of streets 12 1 The undertaker may, for the purposes of carrying out the authorised development, temporarily alter, divert, prohibit the use of or restrict the use of any street and may for any reasonable time— a divert the traffic from the street; and b subject to paragraph (3) , prevent all persons from passing along the street. 2 Subject to paragraph (1) , the undertaker may use any street where the use has been prohibited or restricted under the powers conferred by this article and within the Order limits as a temporary working site. 3 The undertaker must provide reasonable access for cyclists and pedestrians (including wheelchair users) going to or from premises abutting a street affected by the temporary alteration, diversion, prohibition or restriction of a street under this article if there would otherwise be no such access. 4 Subject to paragraph (1) , the undertaker may temporarily alter, divert, prohibit the use of or restrict the use of the streets specified in columns (1) and (2) of Schedule 5 (temporary prohibition or restriction of the use of streets) to the extent specified in column (3) of that Schedule. 5 The undertaker must not temporarily alter, divert, prohibit the use of or restrict the use of— a any street specified in paragraph (4) without first consulting the street authority; and b any other street without the consent of the street authority which may attach reasonable conditions to any consent. 6 If a street authority fails to notify the undertaker of its decision before the end of the period of eight weeks of receiving an application for consent under paragraph (5) (b) (or such longer period as may be agreed with the undertaker in writing), that street authority is deemed to have granted consent. Access to works 13 The undertaker may, for the purposes of the authorised development— a form and layout the permanent means of access, or improve existing means of access, in the location specified in Part 1 of Schedule 3 (streets subject to permanent and temporary alteration of layout); b form and layout the temporary means of access in the location specified in Part 2 of Schedule 3 (streets subject to permanent and temporary alteration of layout); and c with the approval of the relevant planning authority after consultation with the highway authority, form and lay out such other means of access or improve the existing means of access, at such locations within the Order limits as the undertaker reasonably requires for the purposes of the authorised development. Agreements with street authorities 14 1 A street authority and the undertaker may enter into agreements with respect to— a the construction of any new street including any structure carrying the street; b the strengthening, improvement, repair or reconstruction of any street under the powers conferred by this Order; c the maintenance of the structure of any bridge or tunnel carrying a street; d any alteration, diversion, prohibition or restriction in the use of a street authorised by this Order; or e the carrying out in the street of any of the works referred to in article 11(1) (construction and maintenance of new or altered means of access). 2 Such an agreement may, without prejudice to the generality of paragraph (1) — a make provision for the street authority to carry out any function under this Order which relates to the street in question; b include an agreement between the undertaker and street authority specifying a reasonable time for the completion of the works; and c contain such terms as to payment and otherwise as the parties consider appropriate. PART 4 SUPPLEMENTAL POWERS Discharge of water 15 1 The undertaker may use any watercourse or any public sewer or drain for the drainage of water in connection with the carrying out or maintenance of the authorised development and for that purpose may lay down, take up and alter pipes and may, on any land within the Order limits, make openings into, and connections with, the watercourse, public sewer or drain. 2 Any dispute arising from the making of connections to or the use of a public sewer or drain by the undertaker pursuant to paragraph (1) is to be determined as if it were a dispute under section 106 of the Water Industry Act 1991 (right to communicate with public sewers). 3 The undertaker must not discharge any water into any watercourse, public sewer or drain except with the consent of the person to whom it belongs; and such consent may be given subject to such terms and conditions as that person may reasonably impose, but must not be unreasonably withheld. 4 The undertaker must not make any opening into any public sewer or drain except— a in accordance with plans approved by the person to whom the sewer or drain belongs but approval must not be unreasonably withheld; and b where that person has been given the opportunity to supervise the making of the opening. 5 Except as authorised under this Order, the undertaker must not, in carrying out or maintaining works, damage or interfere with the bed or banks of any watercourse forming part of a main river. 6 The undertaker must take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain pursuant to this article is as free as may be practicable from gravel, soil or other solid substance, oil or matter in suspension. 7 This article does not authorise the entry into controlled waters of any substance whose entry or discharge into controlled waters is prohibited by regulation 12 of the Environmental Permitting (England and Wales) Regulations 2010 . 8 In this article— a “public sewer or drain” means a sewer or drain which belongs to the Homes and Communities Agency, the Environment Agency, a harbour authority within the meaning of section 57 of the Harbours Act 1964 , an internal drainage board, a joint planning board, a local authority, a National Park Authority, a sewerage undertaker or an urban development corporation; and b other expressions, excluding watercourse, used both in this article and in the Environmental Permitting (England and Wales) Regulations 2010 have the same meaning as in that Act. Authority to survey and investigate the land 16 1 The undertaker may for the purposes of this Order enter on any land shown within the Order limits or which may be affected by the authorised development and— a survey or investigate the land; b without prejudice to the generality of sub-paragraph (a) , make trial holes in such positions on the land as the undertaker thinks fit to investigate the nature of the surface layer and subsoil and remove soil samples; c without prejudice to the generality of sub-paragraph (a) , carry out ecological or archaeological investigations on such land; and d place on, leave on and remove from the land apparatus for use in connection with the survey and investigation of land and making of trial holes. 2 No land may be entered or equipment placed or left on or removed from the land under paragraph (1) unless at least 14 days’ notice has been served on every owner and occupier of the land. 3 Any person entering land under this article on behalf of the undertaker— a must, if so required entering the land, produce written evidence of their authority to do so; and b may take with them such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes. 4 No trial holes are to be made under this article— a in land located within the highway boundary without the consent of the highway authority; or b in a private street without the consent of the street authority, but such consent must not be unreasonably withheld. 5 The undertaker must compensate the owners and occupiers of the land for any loss or damage arising by reason of the exercise of the authority conferred by this article, such compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act . Removal of human remains 17 1 In this article “the specified land” means the Order land. 2 Before the undertaker carries out any development or works which will or may disturb any human remains in the specified land it must remove those human remains from the specified land, or cause them to be removed, in accordance with the following provisions of this article. 3 Before any such remains are removed from the specified land the undertaker must give notice of the intended removal, describing the specified land and stating the general effect of the following provisions of this article, by— a publishing a notice once in each of two successive weeks in a newspaper circulating in the area of the authorised project; and b displaying a notice in a conspicuous place on or near to the specified land. 4 As soon as reasonably practicable after the first publication of a notice under paragraph (3) the undertaker must send a copy of the notice to the relevant planning authority. 5 At any time within 56 days after the first publication of a notice under paragraph (3) any person who is a personal representative or relative of any deceased person whose remains are interred in the specified land may give notice in writing to the undertaker of that person’s intention to undertake the removal of the remains. 6 Where a person has given notice under paragraph (5) , and the remains in question can be identified, that person may cause such remains to be— a removed and re-interred in any burial ground or cemetery in which burials may legally take place; or b removed to, and cremated in, any crematorium, and that person must, as soon as reasonably practicable after such re-interment or cremation, provide to the undertaker a certificate for the purpose of enabling compliance with paragraph (11) . 7 If the undertaker is not satisfied that any person giving notice under paragraph (5) is the personal representative or relative as that person claims to be, or that the remains in question can be identified, the question is to be determined on the application of either party in a summary manner by the county court, and the court may make an order specifying who is to remove the remains and as to the payment of the costs of the application. 8 The undertaker must pay the reasonable expenses of removing and re-interring or cremating the remains of any deceased person under this article. 9 If— a within the period of 56 days referred to in paragraph (5) no notice under that paragraph has been given to the undertaker in respect of any remains in the specified land; or b such notice is given and no application is made under paragraph (7) within 56 days after the giving of the notice but the person who gave the notice fails to remove the remains within a further period of 56 days; or c within 56 days after any order is made by the county court under paragraph (7) any person, other than the undertaker, specified in the order fails to remove the remains; or d it is determined that the remains to which any such notice relates cannot be identified, subject to paragraph (10) the undertaker must remove the remains and cause them to be re-interred in such burial ground or cemetery in which burials may legally take place as the undertaker thinks suitable for the purpose; and, so far as possible, remains from individual graves must be re-interred in individual containers which must be identifiable by a record prepared with reference to the original position of burial of the remains that they contain. 10 If the undertaker is satisfied that any person giving notice under paragraph (5) is the personal representative or relative as that person claims to be and that the remains in question can be identified, but that person does not remove the remains, the undertaker must comply with any reasonable request that person may make in relation to the removal and re-interment or cremation of the remains. 11 On the re-interment or cremation of any remains under this article— a a certificate of re-interment or cremation must be sent by the undertaker to the Registrar General by the undertaker giving the date of re-interment or cremation and identifying the place from which the remains were removed and the place in which they were re-interred or cremated; and b a copy of the certificate of re-interment or cremation and the record mentioned in paragraph (9) must be sent by the undertaker to the address mentioned in paragraph (4) . 12 The removal of the remains of any deceased person under this article must be carried out in accordance with any directions which may be given by the Secretary of State. 13 Any jurisdiction or function conferred on the county court by this article may be exercised by the district judge of the court. 14 Section 25 of the Burial Act 1857 (bodies not to be removed from burial grounds, save under faculty, without licence of Secretary of State) is not to apply to a removal carried out in accordance with this article. PART 5 POWERS OF ACQUISITION Compulsory acquisition of land 18 1 The undertaker may acquire compulsorily so much of the Order land as is required for the authorised development or to facilitate it, or as is incidental to it. 2 This article is subject to article 21 (compulsory acquisition of rights etc.), article 24 (acquisition of subsoil only) and article 27 (temporary use of land for carrying out the authorised development). Statutory authority to override easements and other rights 19 1 The carrying out or use of the authorised development and the doing of anything else authorised by this Order is authorised for the purpose specified in section 158(2) of the 2008 Act (nuisance: statutory authority), notwithstanding that it involves— a an interference with an interest or right to which this article applies; or b a breach of a restriction as to use of land arising by virtue of contract. 2 The undertaker must pay compensation to any person whose land is injuriously affected by— a an interference with an interest or right to which this article applies; or b a breach of a restriction as to use of land arising by virtue of contract, authorised by virtue of this Order and the operation of section 158 of the 2008 Act. 3 The interests and rights to which this article applies are any easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support. 4 Subsection (2) of section 10 of the 1965 Act applies to paragraph (2) by virtue of section 152(5) of the 2008 Act (compensation in case where no right to claim in nuisance). 5 Any rule or principle applied to the construction of section 10 of the 1965 Act must be applied to the construction of paragraph (2) (with any necessary modifications). Time limit for exercise of authority to acquire land compulsorily 20 1 After the end of the period of 5 years beginning on the day on which this Order is made— a no notice to treat may be served under Part 1 of the 1965 Act; and b no declaration may be executed under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 as applied by article 23 (application of the Compulsory Purchase (Vesting Declarations) Act 1981). 2 The authority conferred by article 27 (temporary use of land for carrying out the authorised development) must cease at the end of the period referred to in paragraph (1) , save that nothing in this paragraph prevents the undertaker remaining in possession of land after the end of that period, if the land was entered and possession was taken before the end of that period. Compulsory acquisition of rights etc. 21 1 The undertaker may acquire compulsorily the existing rights over land and create and acquire compulsorily the new rights described in the book of reference and shown on the land plans. 2 Subject to section 8 of the 1965 Act, as substituted by paragraph 5 of Schedule 7 (modification of compensation and compulsory purchase enactments for creating new rights), where the undertaker acquires a right over land under paragraph (1) , the undertaker is not to be required to acquire a greater interest in that land. 3 Schedule 7 has effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right. 4 In any case where the acquisition of new rights under paragraph (1) is required for the purposes of diverting, replacing or protecting the apparatus of a statutory undertaker, the undertaker may, with the consent of the Secretary of State, transfer the power to acquire such rights to the statutory undertaker in question. 5 The exercise by a statutory undertaker of any power in accordance with a transfer under paragraph (4) is subject to the same restrictions, liabilities and obligations as would apply under this Order if that power were exercised by the undertaker. Private rights 22 1 Subject to the provisions of this article, all private rights over land subject to compulsory acquisition under this Order are extinguished— a as from the date of acquisition of the land by the undertaker, whether compulsorily or by agreement; or b on the date of entry on the land by the undertaker under section 11(1) of the 1965 Act (power of entry), whichever is the earliest. 2 Subject to the provisions of this article, all private rights over land subject to the compulsory acquisition of rights under this Order are suspended and unenforceable or, where so notified by the undertaker, extinguished in so far as in either case their continuance would be inconsistent with the exercise of the right— a as from the date of acquisition of the right by the undertaker, whether compulsorily or by agreement; or b on the date of entry on the land by the undertaker under section 11(1) of the 1965 Act (power of entry) in pursuance of the right, whichever is the earliest. 3 Subject to the provisions of this article, all private rights over land owned by the undertaker are extinguished on commencement of any activity authorised by this Order which interferes with or breaches such rights. 4 Subject to the provisions of this article, all private rights over land of which the undertaker takes temporary possession under this Order are suspended and unenforceable for as long as the undertaker remains in lawful possession of the land and so far as their continuance would be inconsistent with the exercise of the temporary possession of that land. 5 Any person who suffers loss by the extinguishment or suspension of any private right under this Order is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act. 6 This article does not apply in relation to any right to which section 138 of the 2008 Act (extinguishment of rights, and removal of apparatus, of statutory undertaker) or article 29 (statutory undertakers) applies. 7 Paragraphs (1) to (3) have effect subject to— a any notice given by the undertaker before— i the completion of the acquisition of the land or the acquisition of rights over land, ii the undertaker’s appropriation of it, iii the undertaker’s entry onto it, or iv the undertaker’s taking temporary possession of it, that any or all of those paragraphs do not apply to any right specified in the notice; and b any agreement made at any time between the undertaker and the person in or to whom the right in question is vested or belongs. 8 If any such agreement as is referred to in paragraph (7) (b) — a is made with a person in or to whom the right is vested or belongs; and b is expressed to have effect also for the benefit of those deriving title from or under that person, it is effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement. Application of the Compulsory Purchase (Vesting Declarations) Act 1981 23 1 The Compulsory Purchase (Vesting Declarations) Act 1981 applies as if this Order were a compulsory purchase order. 2 The Compulsory Purchase (Vesting Declarations) Act 1981, as so applied, has effect with the following modifications. 3 In section 3 (preliminary notices)— a for subsection (1) there is substituted— 1 Before making a declaration under section 4 with respect to any land which is subject to a compulsory purchase order, the acquiring authority must include the particulars specified in subsection (3) in a notice which is— a given to every person with a relevant interest in the land with respect to which the declaration is to be made (other than a mortgagee who is not in possession); and b published in a local newspaper circulating in the area in which the land is situated. ; b in subsection (2), for “(1)(b)” there is substituted “(1)” and after “given” there is inserted “and published”; c for subsections (5) and (6) there is substituted— 5 For the purposes of this section, a person has a relevant interest in land if— a that person is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion; or b that person holds, or is entitled to the rents and profits of, the land under a lease or agreement, the unexpired term of which exceeds one month. . 4 In section 5 (earliest date for execution of declaration)— a in subsection (1), after “publication” there is inserted “in a local newspaper circulating in the area in which the land is situated”; and b subsection (2) is omitted. 5 In section 7 (constructive notice to treat), in subsection (1)(a), the words “(as modified by section 4 of the Acquisition of Land Act 1981)” are omitted. 6 References to the 1965 Act in the Compulsory Purchase (Vesting Declarations) Act 1981 must be construed as references to that Act as applied by section 125 of the 2008 Act to the compulsory acquisition of land under this Order. Acquisition of subsoil only 24 1 The undertaker may acquire compulsorily so much of, or such rights in, the subsoil of the land referred to in paragraph (1) of article 18 (compulsory acquisition of land) and paragraph (1) of article 21 (compulsory acquisition of rights etc.) as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land. 2 Where the undertaker acquires any part of, or rights in, the subsoil of land under paragraph (1) , the undertaker is not to be required to acquire an interest in any other part of the land. 3 Paragraph (2) must not prevent article 25 (acquisition of part of certain properties) from applying where the undertaker acquires a cellar, vault, arch or other construction forming part of a house, building or manufactory. Acquisition of part of certain properties 25 1 This article applies instead of section 8(1) of the 1965 Act (other provisions as to divided land) (as applied by section 125 of the 2008 Act) where— a a notice to treat is served on a person (“the owner”) under the 1965 Act (as so applied) in respect of land forming only part of a house, building or manufactory or of land consisting of a house with a park or garden (“the land subject to the notice to treat”); and b a copy of this article is served on the owner with the notice to treat. 2 In such a case, the owner may, within the period of 21 days beginning with the day on which the notice was served, serve on the undertaker a counter-notice objecting to the sale of the land subject to the notice to treat which states that the owner is willing and able to sell the whole (“the land subject to the counter-notice”). 3 If no such counter-notice is served within that period, the owner is to be required to sell the land subject to the notice to treat. 4 If such a counter-notice is served within that period, the question whether the owner is to be required to sell only the land subject to the notice to treat is to be, unless the undertaker agrees to take the land subject to the counter-notice, referred to the tribunal. 5 If on such a reference the tribunal determines that the land subject to the notice to treat can be taken— a without material detriment to the remainder of the land subject to the counter-notice; or b where the land subject to the notice to treat consists of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house, the owner is to be required to sell the land subject to the notice to treat. 6 If on such a reference the tribunal determines that only part of the land subject to the notice to treat can be taken— a without material detriment to the remainder of the land subject to the counter-notice; or b where the land subject to the notice to treat consists of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house, the notice to treat is to be deemed to be a notice to treat for that part. 7 If on such a reference the tribunal determines that— a the land subject to the notice to treat cannot be taken without material detriment to the remainder of the land subject to the counter-notice; but b the material detriment is confined to a part of the land subject to the counter-notice, the notice to treat is to be deemed to be a notice to treat for the land to which the material detriment is confined in addition to the land already subject to the notice, whether or not the additional land is land which the undertaker is authorised to acquire compulsorily under this Order. 8 If the undertaker agrees to take the land subject to the counter-notice, or if the tribunal determines that— a none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice or, as the case may be, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house; and b the material detriment is not confined to a part of the land subject to the counter-notice, the notice to treat is to be deemed to be a notice to treat for the land subject to the counter-notice whether or not the whole of that land is land which the undertaker is authorised to acquire compulsorily under this Order. 9 Where, by reason of a determination by the tribunal under this article, a notice to treat is deemed to be a notice to treat for less land or more land than that specified in the notice, the undertaker may, within the period of 6 weeks beginning with the day on which the determination is made, withdraw the notice to treat; and, in that event, must pay the owner compensation for any loss or expense occasioned to the owner by the giving and withdrawal of the notice, to be determined in case of dispute by the tribunal. 10 Where the owner is required under this article to sell only part of a house, building or manufactory or of land consisting of a house with a park or garden, the undertaker must pay the owner compensation for any loss sustained by the owner due to the severance of that part in addition to the value of the interest acquired. Rights under or over streets 26 1 The undertaker may enter upon and appropriate so much of the subsoil of, or air-space over, any street within the Order limits as may be required for the purposes of the authorised development and may use the subsoil or air-space for those purposes or any other purpose ancillary to the authorised development. 2 Subject to paragraph (3) , the undertaker may exercise any power conferred by paragraph (1) in relation to a street without being required to acquire any part of the street or any easement or right in the street. 3 Paragraph (2) is not to apply in relation to— a any subway or underground building; or b any cellar, vault, arch or other construction in, on or under a street which forms part of a building fronting onto the street. 4 Subject to paragraph (5) , any person who is an owner or occupier of land in respect of which the power of appropriation conferred by paragraph (1) is exercised without the undertaker acquiring any part of that person’s interest in the land, and who suffers loss by the exercise of that power, is to be entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act. 5 Compensation is not payable under paragraph (4) to any person who is an undertaker to whom section 85 of the 1991 Act (sharing cost of necessary measures) applies in respect of measures of which the allowable costs are to be borne in accordance with that section. Temporary use of land for carrying out the authorised development 27 1 The undertaker may, in connection with the carrying out of the authorised development— a enter on and take temporary possession of— i the land specified in columns (1) and (2) of Schedule 8 (land of which temporary possession may be taken) for the purpose specified in relation to that land in column (3) of that Schedule relating to the part of the authorised development specified in column (4) of that Schedule; ii any other Order land in respect of which no notice of entry has been served under section 11 of the 1965 Act (powers of entry) (other than in connection with the requisition of rights only) and no declaration has been made under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 (execution of declaration); b remove any buildings and vegetation from that land; and c construct temporary works (including the provision of means of access) and buildings on that land; and d construct any works specified in relation to that land in column (3) of Schedule 8, or any other mitigation works identified in the environmental statement or the Requirements. 2 Not less than 14 days before entering on and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land. 3 The undertaker may not, without the agreement of the owners of the land, remain in possession of any land under this article— a in the case of land specified in paragraph (1) (a) (i) after the end of the period of one year beginning with the date of final commissioning of the authorised development; or b in the case of land referred to in paragraph (1) (a) (ii) after the end of the period of one year beginning with the date of final commissioning of the authorised development unless the undertaker has, before the end of that period, served notice of entry under section 11 of the 1965 Act or made a declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 or has otherwise acquired the land subject to temporary possession. 4 Unless the undertaker has served notice of entry under section 11 of the 1965 Act or made a declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 or has otherwise acquired the land subject to temporary possession, the undertaker must, before giving up possession of land of which temporary possession has been taken under this article, remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but the undertaker is not to be required to replace a building removed under this article. 5 The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of any power conferred by this article. 6 Any dispute as to a person’s entitlement to compensation under paragraph (5) , or as to the amount of the compensation, is to be determined under Part 1 of the 1961 Act. 7 Nothing in this article affects any liability to pay compensation under section 10(2) of the 1965 Act (further provisions as to compensation for injurious affection) or under any other enactment in respect of loss or damage arising from the carrying out of the authorised development, other than loss or damage for which compensation is payable under paragraph (5) . 8 The undertaker may not compulsorily acquire under this Order the land referred to in paragraph (1) (a) (i) . 9 Where the undertaker takes possession of land under this article, the undertaker is not to be required to acquire the land or any interest in it. 10 Section 13 of the 1965 Act (refusal to give possession to acquiring authority) applies to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 of the 2008 Act (application of compulsory acquisition provisions). 11 Nothing in this article prevents the taking of temporary possession more than once in relation to any land specified in Schedule 8. Temporary use of land for maintaining the authorised development 28 1 Subject to paragraph (2) , at any time during the maintenance period relating to any part of the authorised development, the undertaker may— a enter on and take temporary possession of any land within the Order limits if such possession is reasonably required for the purpose of maintaining the authorised development; and b construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose. 2 Paragraph (1) does not authorise the undertaker to take temporary possession of— a any house or garden belonging to a house; or b any building (other than a house) if it is for the time being occupied. 3 Not less than 28 days before entering on and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land. 4 The undertaker may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance of the part of the authorised development for which possession of the land was taken. 5 Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land. 6 The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of this article. 7 Any dispute as to a person’s entitlement to compensation under paragraph (6) , or as to the amount of the compensation, is to be determined under Part 1 of the 1961 Act. 8 Nothing in this article affects any liability to pay compensation under section 10(2) of the 1965 Act (further provisions as to compensation for injurious affection) or under any other enactment in respect of loss or damage arising from the maintenance of the authorised development, other than loss or damage for which compensation is payable under paragraph (6) . 9 Where the undertaker takes possession of land under this article, the undertaker is not to be required to acquire the land or any interest in it. 10 Section 13 of the 1965 Act (refusal to give possession to acquiring authority) applies to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 of the 2008 Act (application of compulsory acquisition provisions). 11 In this article “the maintenance period” means the period of 5 years beginning with the date of final commissioning. Statutory undertakers 29 Subject to the provisions of Schedule 9 (protective provisions), the undertaker may— a acquire compulsorily the land belonging to statutory undertakers shown on the land plans within the limits of the land to be acquired and described in the book of reference; b extinguish or suspend the rights of, remove or reposition the apparatus belonging to statutory undertakers shown on the land plans and described in the book of reference; and c acquire compulsorily the new rights over land belonging to statutory undertakers shown on the land plans and described in the book of reference. Apparatus and rights of statutory undertakers in streets subject to temporary prohibition or restriction 30 Where a street is temporarily altered or diverted or its use is temporarily prohibited or restricted under article 11 (construction and maintenance of new or altered means of access) or article 12 (temporary prohibition or restriction of use of streets) any statutory utility whose apparatus is under, in, on, along or across the street is to have the same powers and rights in respect of that apparatus, subject to Schedule 9 (protective provisions), as if this Order had not been made. Recovery of costs of new connections 31 1 Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 29 (statutory undertakers) any person who is the owner or occupier of premises to which a supply was given from that apparatus is to be entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given. 2 Paragraph (1) does not apply in the case of the removal of a public sewer but where such a sewer is removed under article 29 (statutory undertakers) any person who is— a the owner or occupier of premises the drains of which communicated with the sewer; or b the owner of a private sewer which communicated with that sewer, is to be entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the drain or sewer belonging to that person communicate with any other public sewer or with a private sewerage disposal plant. 3 In this article— “public communications provider” has the same meaning as in section 151(1) of the Communications Act 2003 ; and “public utility undertaker” has the same meaning as in the 1980 Act. PART 6 OPERATIONS Felling or lopping of trees and removal of hedgerows 32 1 The undertaker may fell or lop any tree or shrub near any part of the authorised development, or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree or shrub— a from obstructing or interfering with the construction, maintenance or operation of the authorised development or any apparatus used in connection with the authorised development; or b from constituting a danger to persons using the authorised development. 2 In carrying out any activity authorised by paragraph (1) and paragraph (4) , the undertaker must do no unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from such activity. 3 Any dispute as to a person’s entitlement to compensation under paragraph (2) , or as to the amount of compensation, is to be determined under Part 1 of the 1961 Act. 4 The undertaker may, for the purposes of the authorised development— a subject to paragraph (2) , remove any hedgerows within the Order limits that may be required for the purposes of carrying out the authorised development; and b remove the important hedgerows as are within the Order limits and specified in Schedule 11 (removal of important hedgerows). 5 In this article “hedgerow” and “important hedgerow” have the same meaning as in the Hedgerow Regulations 1997. PART 7 MISCELLANEOUS AND GENERAL Application of landlord and tenant law 33 1 This article applies to— a any agreement for leasing to any person the whole or any part of the authorised development or the right to operate the same; and b any agreement entered into by the undertaker with any person for the construction, maintenance, use or operation of the authorised development, or any part of it, so far as any such agreement relates to the terms on which any land which is the subject of a lease granted by or under that agreement is to be provided for that person’s use. 2 No enactment or rule of law regulating the rights and obligations of landlords and tenants prejudices the operation of any agreement to which this article applies. 3 Accordingly, no such enactment or rule of law applies in relation to the rights and obligations of the parties to any lease granted by or under any such agreement so as to— a exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter; b confer or impose on any such party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease; or c restrict the enforcement (whether by action for damages or otherwise) by any party to the lease of any obligation of any other party under the lease. Cases in which land is to be treated as not being operational land 34 Development consent granted by this Order insofar as it relates to numbered works 1, 2, 3A and 5 described in Schedule 1 is to be treated as specific planning permission for the purposes of section 264(3)(a) of the 1990 Act (Cases in which land is to be treated as not being operational land). Defence to proceedings in respect of statutory nuisance 35 1 Where proceedings are brought under section 82(1) of the Environmental Protection Act 1990 (summary proceedings by persons aggrieved by statutory nuisances) in relation to a nuisance falling within paragraph (g) of section 79(1) of that Act (noise emitted from premises so as to be prejudicial to health or a nuisance) no order is to be made, and no fine may be imposed, under section 82(2) of that Act if— a the defendant shows that the nuisance— i relates to premises used by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development and that the nuisance is attributable to the carrying out of the authorised development in accordance with a notice served under section 60 (control of noise on construction sites), or a consent given under section 61 (prior consent for work on construction sites) or 65 (noise exceeding registered level), of the Control of Pollution Act 1974 ; or ii is a consequence of the construction or maintenance of the authorised development and that it cannot reasonably be avoided; or b the defendant shows that the nuisance is a consequence of the use of the authorised development and that it cannot reasonably be avoided. 2 Section 61(9) (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990) of the Control of Pollution Act 1974 and section 65(8) of that Act (corresponding provision in relation to consent for registered noise level to be exceeded), is not to apply where the consent relates to the use of premises by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development. Protective provisions 36 Schedule 9 (protective provisions) has effect. Certification of plans etc. 37 1 The undertaker must, as soon as practicable after the making of this Order, submit to the Secretary of State copies of— a the book of reference; b the design principles statement; c the ecological management strategy; d the environmental statement; e the flood risk assessment; f the important hedgerow plan; g the land plans; h the landscape mitigation strategy; i the outline construction environment management plan; j the outline construction traffic management plan; k the outline landscaping plans; l the outline lighting strategy; m the rights of way, streets and access plan; n the stage 2 written scheme of archaeological investigation; and o the works plans for certification that they are true copies of the documents referred to in this Order. 2 A plan or document so certified is to be admissible in any proceedings as evidence of the contents of the document of which it is a copy. Service of notices 38 1 A notice or other document required or authorised to be served for the purposes of this Order may be served— a by post; b by delivering it to the person on whom it is to be served or to whom it is to be given or supplied; or c with the consent of the recipient and subject to paragraphs (6) to (8) , by electronic transmission. 2 Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body. 3 For the purposes of section 7 of the Interpretation Act 1978 as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address and otherwise— a in the case of the secretary of clerk of that body corporate, the registered or principal office of that body, and, b in any other case, the last known address of that person at that time of service. 4 Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having an interest in, or as the occupier of, land and the name or address of that person cannot be ascertained after reasonable enquiry, the notice may be served by— a addressing it to that person by the description of “owner”, or as the case may be “occupier” of the land (describing it); and b either leaving it in the hands of the person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land. 5 Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission the requirement is to be taken to be fulfilled only where— a the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission in writing or by electronic transmission; b the notice or document is capable of being accessed by the recipient; c the notice or document is legible in all material respects; and d in a form sufficiently permanent to be used for subsequent reference. 6 Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within seven days of receipt that the recipient requires a paper copy of all or any part of that notice or other document the sender must provide such a copy as soon as reasonably practicable. 7 Any consent to the use of an electronic transmission by a person may be revoked by that person in accordance with paragraph (8) . 8 Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this Order— a that person must give notice in writing or by electronic transmission revoking any consent given by that person for that purpose; and b such revocation is final and takes effect on a date specified by the person in the notice but that date must not be less than 7 days after the date on which the notice is given. 9 This article does not exclude the employment of any method of service not expressly provided for by it. Procedure in relation to certain approvals etc. 39 1 Where an application is made to or request is made of the relevant planning authority, a highway authority, a traffic authority, a street authority, or the owner of a watercourse, sewer or drain for any consent, agreement or approval required or contemplated by any of the provisions of the Order (not including the requirements), such consent, agreement or approval to be validly given, must be given in writing and must not be unreasonably withheld or delayed. 2 Save for applications made pursuant to Schedule 10, if, within eight weeks after the application or request has been submitted to an authority or an owner as referred to in paragraph (1) of this article (or such longer period as may be agreed with the undertaker in writing) it has not notified the undertaker of its disapproval and the grounds of disapproval, it is deemed to have approved the application or request. 3 Schedule 10 is to have effect in relation to all consents, agreements or approvals required from the relevant planning authority in respect of discharge of requirements listed in Schedule 2. 4 Where an application is made to or request is made of the relevant planning authority for any consent, agreement or approval required or contemplated by article 13(c) (access to works) or requirement 6 (Highway accesses) of Schedule 2 to the Order, such application or request must at the same time be sent to the highway authority for its reference. 5 Where an application is made to or request is made of the relevant planning authority for any consent, agreement or approval required or contemplated by any requirement where a third party is a consultee under that requirement, such application or request must at the same time be sent to that third party for its reference. Arbitration 40 Any difference under any provision of this Order, unless otherwise provided for, is to be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) by the Secretary of State. Signed by authority of the Secretary of State for Energy and Climate Change Giles Scott Head of National Infrastructure Consents and Coal Liabilities Department of Energy and Climate Change 23rd July 2015