The Cambridge Waste Water Treatment Plant Relocation Order 2025

• Citation: S.I. 2025/452
• Sections: 252

Section 1 Citation and Commencement

This Order may be cited as the Cambridge Waste Water Treatment Plant Relocation Order 2025 and comes into force 21 days after the day on which it is made.

Section 2 Interpretation

(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 1981 Act ” means the Compulsory Purchase (Vesting Declarations) Act 1981 ;

“ the 1984 Act ” means the Road Traffic Regulation Act 1984 ;

“ the 1989 Act ” means the Electricity Act 1989 ;

“ 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 ;

“ access and traffic regulation order plans ” means the plans of that description referred to in Schedule 18 (certification of plans and documents) and certified as the access and traffic regulation order plans by the Secretary of State for the purposes of this Order;

“ Anglian Water Services Limited ” means Anglian Water Services Limited (company registration number 02366656) as the statutory sewerage undertaker licensed under the Water Industry Act 1991 and statutory successors or any successor under a special administration order or otherwise;

“ appeal documentation ” means a copy of the application submitted to the discharging authority and any supporting documentation which the undertaker may wish to provide;

“ appeal parties ” means the discharging authority, the undertaker, and (where relevant) a requirement consultee;

“ authorised development ” means the development described in Schedule 1 (authorised development) and any other development authorised by this Order, which is development within the meaning of section 32 (meaning of development) of the 2008 Act and any works carried out under the requirements;

“ book of reference ” means the document of that description referred to in Schedule 18 and certified by the Secretary of State as the book of reference for the purposes of this Order;

“ building ” includes any building, structure or erection or any part of a building, structure or erection;

“ business day ” means a day other than a Saturday or Sunday or public holiday in England;

“ carriageway ” has the same meaning as in the 1980 Act;

“ chief officer of police ” means the chief constable of Cambridgeshire Police Force or any successor in function;

“ CHP ” means combined heat and power;

“ commence ” means to carry out a material operation (as defined in section 155 (when development begins) of the 2008 Act) as part of the authorised development and “ commencement ” shall be construed accordingly;

“ completion of construction ” means completion of the construction of the authorised development so that the same is complete and has been commissioned pursuant to the relevant construction contract or contracts;

“ compulsory acquisition notice ” means a notice served in accordance with section 134 (notice of authorisation of compulsory acquisition) of the 2008 Act;

“ CWRP Relocation Limited ” means CWRP Relocation Limited (company registration number 12219644);

“ cycle track ” has the same meaning as in section 329(1) (further provision as to interpretation) of the 1980 Act;

“ discharging authority ” means the body responsible for giving any consent, agreement or approval required by a requirement included in Part 1 of Schedule 2 (requirements) to this Order or protective provision set out in Schedule 15 (protective provisions) to this Order;

“ environmental statement ” means the document of that description referred to in Schedule 18 and certified by the Secretary of State for the purposes of this Order;

“ hedgerow regulations and tree preservation plans ” means the plans of that description referred to in Schedule 18 and certified as the hedgerow regulations and tree preservation plans by the Secretary of State for the purposes of this Order;

“ HGV ” means any vehicle with an operational weight capable of exceeding 7.5 tonnes;

“ highway ” and “ highway authority ” have the same meaning as in the 1980 Act;

“ highways plans ” means the plans referred to as design plans – highways in Schedule 18 and certified as the design plans - highways by the Secretary of State for the purposes of this Order;

“ highway works ” means the works comprised in Work No. 1 and that part of Work No. 2 as shown with an orange line on the design plan – highways (document number 4.11.6 as described in column (2) of Schedule 18);

“ land plans ” means the plans of that description referred to in Schedule 18 and certified as the land plans by the Secretary of State for the purposes of this Order;

“ lead local flood authority ” means Cambridgeshire County Council or any successor in function as lead local flood authority or equivalent body;

“ LERMP ” means the landscape, ecological and recreational management plan referred to in Schedule 18 and certified as the landscape, ecological and recreational management plan by the Secretary of State for the purposes of this Order;

“ levels ” means the levels shown on the sections;

“ LGV ” means any vehicle with an operational weight not capable of exceeding 7.5 tonnes;

“ limits of deviation ” means the limits of deviation shown on the works plans;

“ maintain ” includes inspect, repair, adjust, alter, remove, clear, refurbish, reconstruct, re-lay, demolish, replace or improve the authorised development including undertaking any associated earthworks or drainage works and maintenance under the LERMP, unless that activity would result in a significant environmental effect not assessed in the environmental statement and any derivative of “ maintain ” is to be construed accordingly;

“ Network Rail ” means Network Rail Infrastructure Limited (company number 02904587, whose registered office is at Waterloo General Office, London SE1 8SW) and any associated company of Network Rail Infrastructure Limited which holds property for railway purposes, and for the purpose of this definition “ associated company ” means any company which is (within the meaning of section 1159 (meaning of “subsidiary” etc) of the Companies Act 2006 ), the holding company of Network Rail Infrastructure Limited, a subsidiary of Network Rail Infrastructure Limited or another subsidiary of the holding company of Network Rail Infrastructure Limited and any successor to Network Rail Infrastructure Limited’s railway undertaking;

“ Order land ” means the land which is within the Order limits shown on the land plans and is described in the book of reference;

“ Order limits ” means the limits shown on the works plans within which the authorised development may be carried out;

“ owner ” in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 1981 ;

“ relevant highway authority ” means in any provision of this Order the highway authority for any area of land to which that provision relates;

“ relevant planning authority ” means the waste planning authority from time to time for the area within which the relevant part of the authorised development is to be constructed, used or maintained, or power under this Order is to be exercised;

“ relevant navigation authority ” means the Conservators of the River Cam, known as the Cam Conservancy, or any successor in function as navigation authority;

“ relevant street authority ” means in any provision of this Order the street authority for any area of land to which that provision relates;

“ relevant traffic authority ” means in any provision of this Order the traffic authority for any area of land to which that provision relates;

“ requirements ” means those matters set out in Part 1 of Schedule 2;

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

“ rights of way plans ” means the plans of that description referred to in Schedule 18 and certified as the rights of way plans by the Secretary of State for the purposes of this Order;

“ river Cam ” means the parts of the river Cam from Bottisham Lock to the Mill Pond in Cambridge;

“ the Secretary of State ” means the Secretary of State for Environment, Food and Rural Affairs (or their successor);

“ the sections ” means the sections shown on the sections plans;

“ sections plans ” means plans referred to as—

design plans – sewer tunnel and longitudinal section;

design plans – outfall & effluent storm pipeline plans – final effluent longitudinal section;

design plans – outfall & effluent storm pipeline plans – storm pipeline longitudinal section;

design plans – outfall cross sections;

design plans – outfall river frontage; and

design plans – Waterbeach pipeline long sections,

in Schedule 18 and certified as the sections by the Secretary of State for the purposes of this Order;

“ statutory undertaker ” means any person falling within section 127(8) (statutory undertakers’ land) of the 2008 Act;

“ street ” means a street within the meaning of section 48 (streets, street works and undertakers) of the 1991 Act, together with land on the verge of a street or between two carriageways, and includes part of a street;

“ street authority ” in relation to a street, has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act;

“ traffic authority ” has the same meaning as in section 121A (traffic authorities) of the 1984 Act;

“tree preservation order” has the same meaning given in section 198 (power to make tree preservation orders) of the 1990 Act;

“ the tribunal ” means the Lands Chamber of the Upper Tribunal;

“ undertaker ” means the person who has the benefit of this Order in accordance with article 7 (benefit of Order) and or 8 (transfer of benefit of Order) of this Order;

“ watercourse ” includes all rivers, creeks, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, basins, sewers and passages, through or in which water stands or flows, except a public sewer or drain; and

“ works plans ” means the plans of that description referred to in Schedule 18 and certified as the works plans by the Secretary of State for the purposes of this Order.

(2) References in this Order to rights over land and rivers include references to rights to do or restrain or to place and maintain, anything in, on or under land, the river or in the air-space above its surface and references in this Order to the imposition of restrictive covenants are references to the creation of rights over the land and rivers which interfere with the interests or rights of another and are for the benefit of land which is acquired under this Order or which is an interest otherwise comprised in the Order land. Rights acquired or restrictive covenants imposed under this Order may be exercised or enforced as the case may be by the undertaker, or such other statutory undertaker or person for whose benefit the right or restrictive covenant is acquired, by its successors in title, assigns, lessees and by those deriving title from them and all persons authorised by any of these.

(3) All distances, directions, capacities and lengths referred to in this Order are approximate and distances between points on a work comprised in the authorised development shall be taken to be measured along that work. Internal diameters for tunnels and shafts are the approximate internal dimensions after the construction of a tunnel lining. Unless otherwise stated in Schedule 1 (authorised development) or Schedule 14 (parameters), depths are specified to invert level and are measured from the proposed final ground level.

(4) For the purposes of this Order, all areas described in square metres in the book of reference are approximate.

(5) References in this Order to points identified by letters or numbers shall be construed as references to points so lettered or numbered on the plan to which the reference applies.

(6) Any reference in this Order to a work identified by the number of the work is to be construed as a reference to the work of that number authorised by this Order.

(7) References in this Order to any statute, order, regulation or similar instrument shall be construed as a reference to the statute, order, regulation or instrument as amended by any subsequent statute, order, regulation or instrument or as contained in any subsequent re-enactment.

(8) The expression “ includes ” is to be construed without limitation unless the contrary intention appears.

Section 3 Development consent etc granted by the Order

Subject to the provisions of this Order and to the requirements set out in Schedule 2 the undertaker is granted development consent for the authorised development to be carried out within the Order limits.

Section 4 Authorisation of use

Subject to the provisions of this Order and to the requirements the undertaker may operate and use the authorised development for the purposes for which it was designed and for any purposes ancillary to those purposes.

Section 5 Maintenance of authorised development

(1) The undertaker may at any time maintain the authorised development, except to the extent that this Order or any agreement under this Order provides otherwise.

(2) Paragraph (1) does not apply to the highway works the maintenance of which is governed by article 15 (maintenance of highway works) and Parts 5 and 6 of Schedule 15 (protective provisions).

Section 6 Limits of deviation

Subject to Part 1 of Schedule 2 (requirements) and Schedule 14 (parameters), in constructing or maintaining the authorised development the undertaker may—

(a) in respect of Work Nos. 4, 6 and 16, deviate laterally to any extent from the lines, situations or positioning shown or indicated on the works plans for those works to the extent of the limits of deviation for those works;

(b) in respect of any other work shown on the works plans within the inner boundary of Work No. 15, and subject to the extent of the limits of deviation for those works shown on the works plans, deviate laterally by 50 metres in any direction from the lines, situations or positioning of those works shown or indicated on the works plans;

(c) in respect of Work No. 27 deviate vertically not exceeding 2 metres upwards or downwards from the levels shown on the design plans – sewer tunnel and longitudinal section;

(d) in respect of Work Nos. 31, 33 and 35 deviate vertically from the levels of those parts of the authorised development shown on the relevant sections to any extent—

(i) not exceeding 2 metres upwards but not less than 1 metre below finished ground level excluding air valves, chambers and manholes which will be at finished ground level; or

(ii) downwards as may be found to be necessary or convenient;

(e) in respect of Work No. 36 outside of the boundary of the existing Cambridge waste water treatment works deviate vertically from the levels of that part of the authorised development shown on the relevant sections to any extent—

(i) not exceeding 2 metres upwards but not less than 1 metre below finished ground level excluding air valves, chambers and manholes which will be at finished ground level; or

(ii) downwards as may be found to be necessary or convenient;

(f) in respect of Work No. 36 inside of the boundary of the existing Cambridge waste water treatment works deviate vertically from the levels of that part of the authorised development shown on the relevant sections to any extent—

(i) not exceeding 2 metres upwards; or

(ii) downwards as may be found to be necessary or convenient; and

(g) in respect of Work No. 32 deviate vertically from the levels shown on the relevant sections to any extent—

(i) not exceeding 0.5 metres upwards; or

(ii) downwards as may be found to be necessary or convenient.

Section 7 Benefit of Order

(1) Subject to article 8 (transfer of benefit of Order), the provisions of this Order have effect solely for the benefit of Anglian Water Services Limited (save where the context requires otherwise) and any successor in statutory function or otherwise.

(2) Paragraph (1) does not apply to the works for which consent is granted by this Order for the express benefit of owners and occupiers of land, statutory undertakers and other persons affected by the authorised development.

Section 8 Transfer of benefit of Order

(1) The undertaker may transfer to CWRP Relocation Limited any or all of the benefit of the provisions of this Order (save for the powers of compulsory acquisition in articles 26 (compulsory acquisition of land), 28 (compulsory acquisition of rights and imposition of restrictive covenants), 29 (acquisition of subsoil only), 30 (acquisition of land limited to subsoil lying more than 7 metres beneath surface)) and such related rights for such period as may be necessary for the construction, operation, use or maintenance of the authorised development as may be agreed between the undertaker and CWRP Relocation Limited.

(2) Notwithstanding any transfer under paragraph (1) 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 between the undertaker and the transferee; and

(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.

(3) Where a transfer has been made or a lease has been granted in accordance with paragraph (1) or (2) references in this Order to the undertaker, except in paragraph (1), include references to CWRP Relocation Limited or the transferee or lessee.

(4) The exercise by a person of any benefits or rights conferred in accordance with any transfer under paragraph (1) or (2) shall—

(a) be subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by Anglian Water Services Limited; and

(b) not prevent Anglian Water Services Limited benefitting from those provisions of this Order notwithstanding that those provisions may also benefit CWRP Relocation Limited, the transferee or lessee.

(5) The undertaker must—

(a) consult the Secretary of State before making an application for consent under paragraph (2) of this article by giving notice in writing of the proposed application; and

(b) prior to any transfer or grant under this article taking effect the undertaker must give notice in writing to the Secretary of State, and if such transfer or grant relates to the exercise of powers in their area, the relevant planning authority.

(6) A notice under paragraph (5) must—

(a) state—

(i) the name and contact details of the person to whom the benefit of the provisions will be transferred or granted;

(ii) subject to paragraph (7), the date on which the transfer will take effect;

(iii) the provisions to be transferred or granted;

(iv) the restrictions, liabilities and obligations that, in accordance with paragraph (4)(a), apply to the person exercising the powers transferred or granted; and

(v) where the provisions to be transferred or granted include any or all of the benefit of the powers of compulsory acquisition in articles 26, 28, 29 or 30 confirmation of the availability and adequacy of funds for compensation associated with the compulsory acquisition of the Order land; and

(b) be accompanied by—

(i) where relevant, a plan showing the works or areas to which the transfer or grant relates; and

(ii) a copy of the document effecting the transfer or grant signed by the undertaker and the person to whom the benefit of the powers will be transferred or granted.

(7) The date specified under paragraph (6)(a)(ii) in respect of a notice served in respect of paragraph 5(b) must not be earlier than the expiry of 14 days from the date of the receipt of the notice.

(8) The notice given under paragraph 5(b) must be signed by the undertaker and the person to whom the benefit of the powers will be transferred or granted as specified in that notice.

Section 9 Defence to proceedings in respect of statutory nuisance

(1) Where proceedings are brought under section 82(1) (summary proceedings by person aggrieved by statutory nuisance) of the Environmental Protection Act 1990 in relation to a nuisance falling within sub-paragraphs (d), (fa) , (fb) , (g) and (ga) of Section 79(1) (statutory nuisances and inspections therefor) of that Act no order is to be made, and no fine may be imposed, under section 82(2) of that Act if the defendant shows that the nuisance—

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

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

(c) is a consequence of the construction of the authorised development before completion of construction and that it cannot reasonably be avoided; or

(d) relates to premises used by the undertaker for the purposes of or in connection with the maintenance, operation or use of the authorised development and that the nuisance is attributable to the maintenance, operation or use of the authorised development which is being maintained, operated or used in compliance with a requirement of this Order and that it cannot reasonably be avoided.

Section 10 Street works

(1) The undertaker may, for the purposes of carrying out the authorised development, enter on so much of any of the streets specified in Schedule 3 (streets subject to street works) as are 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, or carry out works to strengthen or repair the carriageway, footway or cycle track;

(c) place and keep apparatus, in or on the street;

(d) remove, maintain, renew or change the position of apparatus, in, on or under the street;

(e) install, demolish, remove, replace, improve and relocate any bus shelter and associated bus stop infrastructure;

(f) execute and maintain any works to provide hard and soft landscaping;

(g) carry out re-lining and placement of new temporary markings; and

(h) execute any works required for or incidental to any works referred to in sub-paragraphs (a) to (g) above.

(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 and is subject to the provisions of Parts 5 and 6 of Schedule 15 (protective provisions).

(3) The provisions of sections 54 (advance notice of certain works) to 106 (index of defined expressions) of the 1991 Act apply to any street works carried out under paragraph (1).

(4) In Part 3 (street works in England and Wales) of the 1991 Act, provisions relating to major highway works which refer to the highway authority concerned shall, in relation to works which are major highway works, be construed as references to the undertaker.

(5) In this article “ apparatus ” has the same meaning as in Part 3 of the 1991 Act.

Section 11 Power to alter layout, etc, of streets

(1) The undertaker may, for the purposes of carrying out the authorised development, alter the layout of each of the streets specified in column (2) of Schedule 4 (streets subject to 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 either constructing, operating, using and maintaining the authorised development, alter the layout of any street and, without limiting the scope of this paragraph, the undertaker may—

(a) increase the width of the carriageway of the street by reducing the width of any kerb, footpath, footway, cycle track, verge, or central reservation within the street;

(b) alter the level or increase the width of any such kerb, footpath, footway, cycle track, verge, or central reservation;

(c) reduce the width of the carriageway of the street;

(d) execute any works to widen or alter the alignment of pavements;

(e) execute any works of surfacing or re-surfacing of the highway;

(f) execute any works to provide hard and soft landscaping;

(g) execute any works necessary to alter existing facilities for the management and protection of pedestrians, equestrians or cyclists; and

(h) make and maintain crossovers and passing places.

(3) The powers conferred by paragraph (1) and (2) must not be exercised without the consent of the relevant highway authority but such consent must not be unreasonably withheld and if the relevant highway authority has received an application for consent to exercise powers under paragraph (1) or (2) accompanied by all relevant information and fails to notify the undertaker of its decision before the end of the period of 42 days beginning with the date on which the application is submitted with all relevant information, it is deemed to have granted consent.

(4) An application made under paragraph (1) or (2) must include a statement that the provisions of paragraph (3) apply to that application.

Section 12 Temporary stopping up of streets

(1) Subject to paragraph (4), the undertaker may, during and for the purposes of carrying out the authorised development, temporarily stop up, alter or divert any street and may for any reasonable time—

(a) divert the traffic or a class of traffic from the street; and

(b) subject to paragraph (3), prevent all persons from passing along the street.

(2) Without limiting paragraph (1), the undertaker may use any street temporarily stopped up under the powers conferred by this article within the Order limits—

(a) as a temporary working site;

(b) to construct the authorised development; and

(c) for access.

(3) The undertaker must provide reasonable access for pedestrians going to or from premises abutting a street affected by the temporary stopping up, alteration or diversion of a street under this article if there would otherwise be no such access.

(4) The undertaker must not temporarily stop up, alter or divert or use as a temporary working site any street referred to in paragraph (1) without the consent of the relevant street authority, which may attach reasonable conditions to the consent and the undertaker must with the request for consent from the street authority notify the street authority of the provisions of paragraph (5).

(5) If a relevant street authority fails to notify the undertaker of its decision within 28 days of receiving an application for consent under paragraph (4) that street authority is deemed to have granted consent.

(6) Without limiting paragraph (1), the undertaker may temporarily stop up, alter or divert the streets set out in column (2) of Schedule 5 (streets to be temporarily stopped up) to the extent specified, by reference to the letters and numbers shown on the access and traffic regulation order plans in column (3) of that Schedule.

(7) Any person who suffers loss by the suspension of any public right of way under this article is entitled to compensation to be determined, in case of dispute, as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

Section 13 Public rights of way – creation, temporary stopping up and diversion

(1) Subject to the provisions of this article, the undertaker may, in connection with the carrying out of the authorised development—

(a) temporarily stop up each of the public rights of way specified in column (2) of Part 1 of Schedule 6 (public rights of way to be temporarily stopped up for which a substitute is to be provided) and provide the temporary substitute public right of way described in column (3) of Part 1 of that Schedule between the specified terminus points at the stage of the authorised development identified in column (4) of that Part of that Schedule; and

(b) temporarily stop up any other public rights of way to the extent agreed with the relevant highway authority and provide temporary substitute public rights of way on an alignment to be agreed with the relevant highway authority prior to the temporary stopping up of the public right of way concerned.

(2) The public right of way specified in column (2) of Part 1 of Schedule 6 may not be wholly or partly stopped up under this article unless the temporary substitute public right of way referred to in column (3) in that Part of Schedule 6 or an alternative temporary substitute public right of way agreed by the local highway authority has first been provided by the undertaker.

(3) Any temporary substitute right of way must be maintained by the undertaker with appropriate signage until the substitute right of way is no longer required.

(4) The undertaker must in connection with the carrying out of the authorised development provide the new public right of way specified in column (2) of Part 2 of Schedule 6 (new public right of way to be created) to the extent specified in column (3) of that Part of that Schedule at the stage of the authorised development in column (4) of that Part of that Schedule.

(5) The undertaker must provide written notice to the relevant highway authority of any stopping up. Stopping up must not be effected earlier than the expiry of 14 days from the date of the receipt of the notice by the relevant highway authority.

Section 14 Access to works

(1) The undertaker may, for the purposes of carrying out and maintaining the authorised development—

(a) form and lay out means of access, or improve or maintain an existing means of access, in the locations specified in column (2) of Schedule 7 (access to works) for the purposes specified in column (3) of Schedule 7;

(b) with the approval of the relevant planning authority after consultation with the relevant highway authority, form and lay out such other means of access or improve or maintain any existing means of access, at such locations within the Order limits as the undertaker reasonably requires for the purposes of the authorised development; and

(c) the undertaker must with the request for approval from the relevant planning authority notify the relevant planning authority of the provisions of paragraph (2).

(2) If the relevant planning authority has received an application for approval under paragraph (1)(b) and fails to notify the undertaker of its decision before the end of the period of 28 days starting with the date on which the application was made, it is deemed to have granted consent.

(3) The relevant planning authority may attach any reasonable conditions to any approval given under paragraph (1)(b).

(4) Works to create a permanent access which—

(a) join a highway maintainable at the public expense; and

(b) which are specified in column (3) of Schedule 7 as being required for the purposes of operation and maintenance of the authorised development

must be completed in accordance with the provisions of Part 6 of Schedule 15 (protective provisions).

Section 15 Maintenance of highway works

(1) The highway works must be completed in accordance with the provisions of Parts 5 and 6 of Schedule 15 (protective provisions).

(2) With effect from the date of the final certificate referred to in paragraph 67 of Part 5 and paragraph 91 of Part 6 of Schedule 15 the highway works to which that certificate relates will be maintained by and at the expense of the relevant highway authority.

(3) Where new land not previously part of the public highway is the subject of a provisional certificate under paragraph 63 of Part 5 or a provisional certificate of completion under paragraph 88 of Part 6 of Schedule 15 then it is deemed to be dedicated as part of the public highway on the issue of that certificate.

(4) For the purposes of this article, the definition of “maintain” in article 2 (interpretation) does not apply and the word “maintain” is to be given its ordinary meaning when applied to highways.

Section 16 Speed limits

(1) During the period specified in column (4) of Part 1 of Schedule 8 (temporary speed limits) no person is to drive any motor vehicle at a speed exceeding the limit specified in column (2) of Part 1 of Schedule 8 along the lengths of highway specified in column (3) of Part 1 of that Schedule 8.

(2) Upon the event listed in column (4) of Part 2 of Schedule 8 (permanent speed limits) no person is to drive any motor vehicle at a speed exceeding 40 miles per hour on the length of highway identified in column (3) of Part 2 of Schedule 8.

(3) Without limiting the scope of the specific powers conferred by paragraph (1) but subject to the provisions of this article and the consent (such consent not to be unreasonably withheld) of the relevant traffic authority, which consent may be subject to reasonable conditions, the undertaker may, in so far as may be expedient or necessary for the purposes of or in connection with the construction, operation, use or maintenance of the authorised development, impose a temporary speed limit either at all times or at times, on days or during such periods, and on such highways as may be specified by the undertaker and the undertaker must with the request for consent from the relevant traffic authority notify the relevant traffic authority of the provisions of paragraph (4).

(4) The undertaker must not exercise the powers in paragraph (3) unless it has given not less than 28 days’ notice in writing of its intention so to do to the chief officer of police and to the relevant traffic authority.

(5) The speed limits imposed by this Order are deemed to have been imposed by an order under the 1984 Act and—

(a) have the same effect; and

(b) may be varied by the relevant traffic authority in the same manner,

as any other speed limit imposed by an order under that Act.

(6) No speed limit imposed by this Order applies to vehicles falling within regulation 3(4) (regulations in relation to orders and notices under the 1984 Act) of the Road Traffic Exemptions (Special Forces) (Variation and Amendment) Regulations 2011 when used in accordance with regulation 3(5) of those Regulations.

Section 17 Traffic regulation

(1) Subject to the provisions of this article, the undertaker may at any time for the purposes of the construction of the authorised development temporarily regulate traffic further to Part 1 of Schedule 9 (traffic regulation) in the manner specified in column (3) on those roads specified in column (1) and along the lengths and between the points specified, or to the extent otherwise described in column (2) of that Schedule.

(2) Without limiting the scope of the specific powers conferred by paragraph (1) but subject to the provisions of this article and the consent (such consent not to be unreasonably withheld) of the relevant traffic authority in whose area the road concerned is situated, which consent may be subject to reasonable conditions, the undertaker may, in so far as may be expedient or necessary for the purposes of or in connection with the construction, operation, use or maintenance of the authorised development—

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

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

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

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

(e) permit or prohibit vehicular access to any road,

either at all times or at times, on days or during such periods as may be specified by the undertaker.

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

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

(b) advertised its intention in such manner as the relevant traffic authority may specify in writing within 7 days of the relevant traffic authority’s receipt of notice of the undertaker’s intention under sub-paragraph (a).

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

(a) have effect as if duly made by, as the case may be—

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

(ii) the local authority in whose area the road is situated as an order under section 32 (power of local authorities to provide parking places) of the 1984 Act; and

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

(5) Any prohibition, restriction or other provision made under this article may be suspended, varied or revoked by the undertaker from time to time by subsequent exercise of the powers conferred by paragraph (2) at any time.

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

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

(8) If the relevant traffic authority fails to notify the undertaker of its decision within 28 days of receiving an application for consent under paragraph (2) that traffic authority is deemed to have granted consent save that the undertaker must with the request for consent from the relevant traffic authority notify the relevant traffic authority of the provisions of this paragraph.

(9) No person, except upon the direction or with the permission of a police officer or traffic officer in uniform, is to cause or permit any vehicle to proceed in the manner specified in column (2) of Part 2 of Schedule 9 (prohibited movements) after the event specified in column (3) of Part 4 of Schedule 9.

Section 18 Agreements with highway authorities

(1) A relevant highway authority and the undertaker may enter into agreements in relation to the authorised development with respect to—

(a) the construction or maintenance of any new highway including any structure carrying the highway whether or not over or under any part of the authorised development;

(b) the strengthening, improvement, repair or reconstruction of any highway under the powers conferred by this Order;

(c) the maintenance of landscaping within a highway constructed;

(d) the maintenance of highway related assets which fall outside of the extent of highways maintained by a relevant highway authority;

(e) the carrying out in the street of any of the works referred to in article 10(1) (street works) or their maintenance;

(f) the alteration of any street further to article 11(1) or (2) (power to alter layout, etc, of streets); or

(g) such other works as the parties may agree.

(2) Such an agreement may, without limitation on the scope of paragraph (1)—

(a) make provision for the relevant highway authority to carry out any function under this Order which relates to the street in question;

(b) include an agreement between the undertaker and relevant highway authority specifying a reasonable time for completion of the works;

(c) provide for the dedication of any new street as public highway further to section 38 of the 1980 Act;

(d) contain such terms as to payment as the parties consider appropriate; and

(e) contain such other terms as the parties may agree between them.

Section 19 Discharge of water

(1) Subject to paragraphs (3) and (4), 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 those purposes may inspect, 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 (right to communicate with public sewers) of the Water Industry Act 1991.

(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 carry out any works to any public sewer or drain pursuant to paragraph (1) except—

(a) in accordance with plans approved by the person to whom the sewer or drain belongs, but such approval must not be unreasonably withheld; and

(b) where that person has been given the opportunity to supervise the making of the opening.

(5) The undertaker must not, in carrying out or maintaining works pursuant to this article, 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 matter whose entry or discharge into controlled waters is prohibited by regulation 12 (requirement for an environmental permit) of the Environmental Permitting (England and Wales) Regulations 2016 .

(8) In this article—

(a) “ public sewer or drain ” means a sewer or drain which belongs to the Environment Agency, an internal drainage board, a local authority or a sewerage undertaker; and

(b) other expressions excluding watercourse, which are used both in this article and in the Environmental Permitting (England and Wales) Regulations 2016 have the same meaning as in those Regulations.

(9) If a person who has received an application for consent under paragraph (3) or approval under paragraph (4)(a) fails to notify the undertaker of its decision within 28 days of receiving the application, that person is deemed to have granted consent or given approval as the case may be, provided that the application for consent notifies the person that the provisions of paragraph (9) apply to that application.

Section 20 Protective works to buildings and structures

(1) Subject to the provisions of this article, the undertaker may at its own expense carry out such protective works to any building or structure which may be affected by the authorised development which the undertaker considers necessary or expedient.

(2) Protective works may be carried out—

(a) at any time before or during the carrying out in the vicinity of the building or structure of any part of the authorised development; or

(b) after the completion of that part of the authorised development in the vicinity of the building or structure at any time up to the end of the period of five years beginning with the day on which that part of the authorised development first becomes operational.

(3) For the purpose of determining how the powers under this article are to be exercised, the undertaker may (subject to paragraph (5) and (6)) enter and survey—

(a) any building or structure to which the power applies and any land within its curtilage; and

(b) where reasonably necessary, any land which is adjacent to the building or structure.

(4) For the purpose of carrying out the protective works under this article to a building or structure the undertaker may (subject to paragraphs (5) and (6))—

(a) enter the building and any land within its curtilage; and

(b) where the works cannot be carried out reasonably conveniently without entering land which is adjacent to the building or structure but outside its curtilage, enter the adjacent land (but not any building erected on it).

(5) Before exercising—

(a) a right under paragraph (1) to carry out protective works to a building or structure;

(b) a right under paragraph (3)(a) to enter a building and land within the Order limits;

(c) a right under paragraph 3(b) to enter land;

(d) a right under paragraph (4)(a) to enter a building and land within the Order limits; or

(e) a right under paragraph (4)(b) to enter land,

the undertaker must except in the case of emergency serve on the owners and occupiers of the building or structure or land not less than 14 days’ notice of its intention to exercise that right and, in a case falling within sub-paragraph (a), (d) or (e), specifying the planned protective works proposed to be carried out.

(6) Where a notice is served under paragraph (5)(a), (d) or (e), the owner and or occupier of the building or land concerned may, by serving a counter-notice within the period of 14 days beginning with the day on which the notice was served, require the question as to whether the protective works proposed by the undertaker are necessary or expedient to be referred to arbitration under article 52 (arbitration).

(7) The undertaker must compensate the owners and occupiers of any building, structure or land in relation to which rights under this article have been exercised for any loss or damage arising to them by reason of the exercise of those rights.

(8) Nothing in this article relieves the undertaker from any liability to pay compensation under section 152(3) (compensation in cases where no right to claim as nuisance) of the 2008 Act.

(9) Any compensation payable under paragraph (7) is to be determined, in case of dispute, as if it were a dispute under Part 1 of the 1961 Act (determination of questions of disputed compensation).

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

(11) In this article “ protective works ” in relation to a building or structure means those works the purpose of which is to prevent damage which may be caused to the building or structure which may include monitoring, underpinning, strengthening and any other works the purpose of which is to prevent damage which may be caused by the carrying out, maintenance or use of the authorised development.

Section 21 Authority to survey and investigate the land

(1) The undertaker may for the purposes of this Order enter on any land within the Order limits or which may be affected by the authorised development or land on which surveys and investigations are required for the monitoring of the authorised development and—

(a) survey, monitor or investigate the land;

(b) without limitation to the scope of sub-paragraph (a), survey, monitor and or investigate the land and any buildings or structures on that land for the purpose of investigating the potential effects of the authorised development on that land or buildings or structures on that land or for enabling the construction, operation, use and maintenance of the authorised development;

(c) without limitation to the scope 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 or subsoil and or to remove soil samples;

(d) without limitation to the scope of sub-paragraph (a), carry out ecological and or archaeological investigations or monitoring on such land; and

(e) place on, leave on and remove from the land apparatus for use in connection with the survey, monitoring and or investigation of land, the making of trial holes, and or the carrying out of ecological and or archaeological investigations.

(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 on 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, investigation, monitoring, or to make the trial holes.

(4) No trial holes are to be made under this article—

(a) in land located within a highway boundary without the consent of the relevant highway authority;

(b) in land forming a railway without the consent of Network Rail;

(c) in land held by or in right of the Crown without the consent of the Crown; or

(d) in a private street without the consent of the relevant street authority,

but such consent must not be unreasonably withheld or delayed.

(5) If either a highway authority or a street authority which receives an application for consent fails to notify the undertaker of its decision within 28 days of receiving the application for consent under paragraph (4) that authority is deemed to have granted consent.

(6) 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, as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(7) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the entry onto, or possession of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.

Section 22 Removal of human remains

(1) Before the undertaker carries out any development or works which will or may disturb any human remains within the Order limits it must remove those human remains or cause them to be removed, in accordance with the provisions of this article.

(2) Before any such remains are removed from within the Order limits the undertaker must give notice of the intended removal, describing the Order limits 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 development; and

(b) displaying a notice in a conspicuous place on or near the Order limits.

(3) As soon as reasonably practicable after the first publication of a notice under paragraph (2) the undertaker must send a copy of the notice to the relevant planning authority.

(4) At any time within 56 days after the first publication of a notice under paragraph (2) any person who is a personal representative or relative of any deceased person whose remains are interred within the Order limits may give notice in writing to the undertaker of that person’s intention to undertake the removal of the remains.

(5) Where a person has given notice under paragraph (4), 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 (10).

(6) If the undertaker is not satisfied that any person giving notice under paragraph (4) is the personal representative or relative as that person claims to be, or that the remains in question can be identified, the question must be determined on the application of either party in a summary manner by a county court, and the court may make an order specifying who must remove the remains and as to the payment of the costs of the application.

(7) The undertaker must pay the reasonable expenses of removing and re-interring or cremating the remains of any deceased person under this article.

(8) If—

(a) within the period of 56 days referred to in paragraph (4) no notice under that paragraph has been given to the undertaker in respect of any remains in the Order limits;

(b) such notice is given and no application is made under paragraph (6) 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;

(c) within 56 days after any order is made by a county court under paragraph (6) 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 (9) 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 are to be re-interred in individual containers which are to be identifiable by a record prepared with reference to the original position of burial of the remains that they contain.

(9) If the undertaker is satisfied that any person giving notice under paragraph (4) 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.

(10) On the re-interment or cremation of any remains under powers conferred by this article—

(a) a certificate of re-interment or cremation must be sent by the undertaker to the Registrar General 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 (8) must be sent by the undertaker to the relevant planning authority mentioned in paragraph (3).

(11) 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 for Justice.

(12) No notice is required under paragraph (2) before the removal of any human remains where the undertaker is satisfied—

(a) that the remains were interred more than 100 years ago; and

(b) that no relative or personal representatives of the deceased is likely to object to the remains being removed in accordance with this article.

(13) In this article references to a relative of the deceased are to a person who—

(a) is a husband, wife, civil partner, parent, grandparent, child or grandchild of the deceased;

(b) is, or is a child of, a brother, sister, uncle or aunt of the deceased;

(c) is the lawful executor of the estate of the deceased; or

(d) is the lawful administrator of the estate of the deceased.

(14) Any jurisdiction or function conferred on a county court by this article may be exercised by the district judge of the court.

Section 23 Felling or lopping of trees and removal of hedgerows

(1) Save in respect of trees or shrubs which come within article 24 (trees subject to tree preservation orders), or article 25 (trees in conservation areas) 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 from obstructing or interfering with the construction, operation, use or maintenance of the authorised development or any apparatus used in connection with the authorised development.

(2) In carrying out any activity authorised by paragraph (1), 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 (determination of questions of disputed compensation) of the 1961 Act.

(4) The undertaker may, for the purposes of the authorised development but subject to paragraph (2) above—

(a) remove those parts of the hedgerows as were within the Order limits and specified in Part 1 of Schedule 16 (removal of hedgerows); and

(b) remove those parts of the important hedgerows within the Order limits and specified in Part 2 of Schedule 16 (removal of important hedgerows).

(5) In this article “ hedgerow ” and “ important hedgerow ” have the same meaning as in the Hedgerows Regulations 1997.

Section 24 Trees subject to tree preservation orders

(1) The undertaker may fell or lop or cut back the roots of any tree or shrub within or overhanging land within the Order limits which is subject to a tree preservation order if it reasonably believes it to be necessary to do so to prevent the tree or shrub from obstructing or interfering with the construction, operation, use or maintenance of the authorised development or any apparatus used in connection with the authorised development.

(2) In carrying out any activity authorised by paragraph (1)—

(a) 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; and

(b) the duty contained in section 206(1) (replacement of trees) of the 1990 Act is not to apply.

(3) The authority given by paragraph (1) constitutes a deemed consent under the relevant tree preservation order.

(4) 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 (determination of questions of disputed compensation) of the 1961 Act.

Section 25 Trees in conservation areas

(1) The undertaker may fell or lop any tree or shrub which is situated within a conservation area (designated under section 69 (designation of conservation areas) of the Planning (Listed Buildings and Conservation Areas) Act 1990) , including those identified on the hedgerow regulations and tree preservation plans, or cut back its roots if it reasonably believes it to be necessary to do so to prevent the tree or shrub from obstructing or interfering with the construction, operation, use or maintenance of the authorised development or any apparatus used in connection with the authorised development.

(2) In carrying out any activity authorised by paragraph (1)—

(a) 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; and

(b) the duty contained in section 206(1) (replacement of trees) of the 1990 Act is not to apply.

(3) The authority given by paragraph (1) constitutes an authorisation by an order granting development consent for the purposes of section 211(1A) (preservation of trees in conservation areas) of the 1990 Act.

(4) 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 (determination of questions of disputed compensation) of the 1961 Act.

Section 26 Compulsory acquisition of land

(1) The undertaker may acquire compulsorily so much of the Order land as is required for the authorised development or to facilitate, or is incidental to, it.

(2) This article is subject to article 27 (time limit for exercise of authority to acquire land compulsorily), paragraph (2) of article 28 (compulsory acquisition of rights and imposition of restrictive covenants), article 29 (acquisition of subsoil only), article 30 (acquisition of land limited to subsoil lying more than 7 metres beneath surface) and article 35 (temporary use of land for carrying out the authorised development).

(3) The power to compulsorily acquire land conferred under paragraph (1) does not apply to the Order land specified in paragraph (4).

(4) The land referred to in paragraph (3) is the land specified in columns (1) and (2) of the tables in sub paragraphs (a) and (b) below—

(a)

(b)

(5) The land specified in paragraph 4(a) is subject to the power conferred under article 31(3) (private rights).

(6) The land specified in paragraph 4(b) is subject to the power conferred under article 31(4).

Section 27 Time limit for exercise of authority to acquire land compulsorily

(1) After the end of the period of 5 years beginning with the day on which this Order is made—

(a) no notice to treat is to be served under Part 1 (compulsory purchase under Acquisition of Land Act of 1946) of the 1965 Act; and

(b) no declaration is to be executed under section 4 (execution of declaration) of the 1981 Act as applied by article 33 (application and modification of the 1981 Act).

(2) The authority conferred by article 35 (temporary use of land for carrying out the authorised development) ceases either at the end of the period referred to in paragraph (1) or at the end of the period as stated in article 35(4), whichever is the longer, 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.

(3) The applicable period for the purposes of section 4 (time limit for giving notice to treat) of the 1965 Act and section 5A (time limit for general vesting declaration) of the 1981 Act (as modified by this Order) is the period of five years beginning on the day on which the Order is made.

Section 28 Compulsory acquisition of rights and imposition of restrictive covenants

(1) Subject to the provisions of this article, the undertaker may acquire compulsorily such rights or impose such restrictive covenants over the Order land, including rights and restrictive covenants for the benefit of a statutory undertaker or any other person, as may be required for any purpose for which that land may be acquired under article 26 (compulsory acquisition of land), by creating them as well as by acquiring rights and the benefit of restrictions already in existence.

(2) In the case of the Order land specified in column (1) of Schedule 10 (land in which only new rights etc may be acquired) the undertaker’s powers of compulsory acquisition are limited to the acquisition of such new rights and the imposition of such restrictive covenants for the purpose specified in relation to that land in column (2) of that Schedule.

(3) Subject to section 8 (other provisions as to divided land) of, and 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 (modification of compensation and compulsory purchase enactments for creation of new rights and the imposition of restrictive covenants)), where the undertaker creates a new right or acquires an existing right over land or imposes a restrictive covenant under paragraph (1), the undertaker is not required to acquire a greater interest in that land.

(4) Schedule 13 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 or the imposition of a restrictive covenant.

(5) In any case where the acquisition of new rights or imposition of a restriction under paragraph (1) or (2) is required for the purpose of diverting, replacing or protecting 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.

(6) The exercise by a statutory undertaker of any power in accordance with a transfer under paragraph (5) is subject to the same restrictions, liabilities and obligations as would apply under this Order if that power were exercised by the undertaker.

Section 29 Acquisition of subsoil only

(1) The undertaker may acquire compulsorily so much of, or rights in, or impose restrictive covenants over, the subsoil of the land referred to in paragraph (1) of article 26 (compulsory acquisition of land) or article 28 (compulsory acquisition of rights and imposition of restrictive covenants) 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, or imposes restrictive covenants over, the subsoil of land under paragraph (1), the undertaker is not required to acquire an interest in any other part of the land.

(3) The following do not apply in connection with the exercise of the power under paragraph (1) in relation to subsoil only—

(a) Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act;

(b) Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration) to the 1981 Act; and

(c) Section 153(4A) (reference of objection to Upper Tribunal: general) of the 1990 Act.

(4) Paragraphs (2) and (3) do not apply where the undertaker acquires a cellar, vault, arch or other construction forming part of a house, building or manufactory.

Section 30 Acquisition of land limited to subsoil lying more than 7 metres beneath surface

(1) This article applies to the land specified in columns (1) and (2) of Schedule 11 (land of which only subsoil more than 7 metres beneath the surface may be acquired together with new rights and/or restrictive covenants).

(2) In the case of land to which this article applies, the undertaker may only acquire compulsorily under article 26 (compulsory acquisition of land) so much of, or rights in, or impose restrictive covenants over, the subsoil of the land as may be required for the purposes of the authorised development except that the undertaker is not to be precluded from—

(a) carrying out protective works on that land under article 20 (protective works to buildings and structures);

(b) carrying out a survey of that land under article 21 (authority to survey and investigate the land); or

(c) entering on and taking temporary possession of land under article 35 (temporary use of land for carrying out the authorised development) or article 36 (temporary use of land for maintaining the authorised development).

(3) In addition to acquiring so much of, or such rights in, the subsoil of the land, the undertaker may acquire over any other part of the land specified in columns (1) and (2) of Schedule 11 such new rights and may impose such restrictive covenants as may be required for the purpose specified in relation to that land in column (3) of Schedule 11.

(4) Where the undertaker acquires any part of, or rights in, the subsoil of the land under paragraph (2) or acquires rights or imposes restrictive covenants under paragraph (3), the undertaker is not required to acquire a greater interest in the land or an interest in any other part of it.

(5) References in this article to the “subsoil of the land” are references to the subsoil lying more than 7 metres beneath the level of the surface of the land; and for this purpose “ level of the surface of the land ” means—

(a) in the case of any land on which a building is erected, the level of the surface of the ground adjoining the building;

(b) in the case of a watercourse or other water area, the level of the surface of the ground nearest to it which is at all times above water level; or

(c) in any other case, ground surface level.

(6) The following do not apply in connection with the exercise of the power under paragraph (1) in relation to subsoil only—

(a) Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act;

(b) Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration) to the 1981 Act; and

(c) Section 153(4A) (reference of objection to Upper Tribunal: general) of the 1990 Act.

Section 31 Private Rights

(1) Subject to the provisions of this article, all private rights or restrictive covenants 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) (power of entry) of the 1965 Act,

whichever is the earlier.

(2) Subject to the provisions of this article, all private rights or restrictive covenants over land subject to the compulsory acquisition of rights or the imposition of restrictive covenants under article 28 (compulsory acquisition of rights and imposition of restrictive covenants) are extinguished in so far as their continuance would be inconsistent with the exercise of the right or compliance with the restrictive covenant—

(a) as from the date of the acquisition of the right or the imposition of the restrictive covenant by the undertaker (whether the right is acquired or the restrictive covenant is imposed compulsorily, by agreement or through the grant of lease of the land by agreement); or

(b) on the date of entry on the land by the undertaker under section 11(1) of the 1965 Act in pursuance of the right,

whichever is the earlier.

(3) Subject to the provisions of this article, all private rights over any part of the Order land that is owned by, vested in or acquired by the undertaker, including the land specified in article 26(4)(a) (compulsory acquisition of land), are extinguished on commencement of any activity authorised by this Order which interferes with or breaches those rights.

(4) Subject to the provisions of this article, all private rights over the Order land specified in article 26(4)(b) are extinguished on commencement of any activity authorised by this Order which interferes with or breaches those rights.

(5) Subject to the provisions of this article, all private rights or restrictive covenants 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.

(6) Any person who suffers loss by the extinguishment or suspension of any private right or restrictive covenants under this article is entitled to compensation to be determined, in case of dispute, as if it were a dispute under Part 1 of the 1961 Act (determination of questions of disputed compensation).

(7) This article does not apply in relation to any right to which section 138 (extinguishment of rights, and removal of apparatus, of statutory undertakers etc) of the 2008 Act or article 41 (statutory undertakers) applies.

(8) Paragraphs (1) to (4) 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 or the imposition of restrictive covenants over or affecting the land;

(ii) the undertaker’s appropriation of the land;

(iii) the undertaker’s entry onto the land;

(iv) the commencement of any activity on land authorised by this Order which interferes with or breaches any private rights over land; or

(v) the undertaker’s taking temporary possession of the land,

that any or all of those paragraphs do not apply to any right specified in the notice; or

(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.

(9) If an agreement referred to in paragraph (8)(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,

the agreement is effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement.

(10) Reference in this article to private rights over land includes reference to any right of way, right of navigation, trust, incident, easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support and include restrictions as to the user of land arising by virtue of a contract, agreement or undertaking having that effect.

Section 32 Power to override easements and other rights

(1) Any authorised activity which takes place within the Order limits (whether the activity is undertaken by the undertaker or by any person deriving title from the undertaker or by any contractors, servants or agents of the undertaker) and the doing of anything else authorised by this Order is authorised for the purpose specified in section 158(2) (nuisance: statutory authority) of the 2008 Act, 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 the use of land arising by virtue of contract.

(2) In this article “ authorised activity ” means—

(a) the erection, construction or maintenance of any part of the authorised development;

(b) the exercise of any power authorised by this Order; or

(c) the use of any land (including the temporary use of land).

(3) The interests and rights to which this article applies include any easement, liberty, privilege, right, including any right of navigation, or advantage annexed to land and adversely affecting other land, including any natural right to support and any restrictions as to the use of land arising by virtue of a contract.

(4) Subject to article 39 (no double recovery), where any interest, right or restriction to which this article applies is overridden by paragraph (1), unless otherwise agreed, compensation—

(a) is payable under section 7 (measure of compensation in case of severance) or 10 (further provision as to compensation for injurious affection) of the 1965 Act; and

(b) is to be assessed in the same way and subject to the same rules as in the case of other compensation under those sections where—

(i) the compensation is to be estimated in connection with a purchase under that Act; or

(ii) the injury arises from the execution of works on or use of land acquired under that Act.

(5) Where a person deriving title under the undertaker by whom the land in question was acquired—

(a) is liable to pay compensation by virtue of paragraph (4); and

(b) fails to discharge that liability,

the liability is enforceable against the undertaker.

(6) Nothing in this article is to be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than such an interference or breach as is mentioned in paragraph (1).

(7) Subsection (2) of section 10 of the 1965 Act applies to paragraph (4) by virtue of section 152(5) (compensation in case where no right to claim in nuisance) of the 2008 Act.

(8) Any rule or principle applied to the construction of section 10 of the 1965 Act applies to the construction of paragraph (4) with any necessary modifications.

Section 33 Application and modification of the 1981 Act

(1) The 1981 Act applies as if this Order were a compulsory purchase order.

(2) The 1981 Act, as applied by paragraph (1), has effect with the following modifications.

(3) In section 1 (application of Act), in subsection (1), omit the words “in themselves”.

(4) In section 1, for subsection (2), substitute—

(2) This section applies to any Minister, any local or other public authority or any other body or person authorised to acquire land by means of a compulsory purchase order.

(5) In section 4 (execution of declaration), for subsection (1) substitute—

(1) The acquiring authority may execute in respect of any of the land which they are authorised to acquire by the compulsory purchase order a declaration in the prescribed form vesting the land in themselves, or in the case of land or a right that they are authorised to acquire for the benefit of a third party, in the third party in question, from the end of such period as may be specified in the declaration (not being less than 3 months from the date on which the service of notices required by section 6 is completed).

(6) In section 5(2) (earliest date for execution of declaration) omit the words from “, and this subsection” to the end.

(7) In section 5B (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order)” substitute “section 118 of the 2008 Act (legal challenges relating to applications for orders granting development consent).

(8) In section 6 (notices after execution of declaration), in subsection (1)(b) for “section 15 of, or paragraph 6 of Schedule 1 to, the Acquisition of Land Act 1981” substitute “section 134 (notice of authorisation of compulsory acquisition) of the Planning Act 2008” .

(9) In section 7 (constructive notice to treat), in subsection (1)(a), omit the words “(as modified by section 4 of the Acquisition of Land Act 1981)”.

(10) In section 8 (vesting and right to enter and take possession), after subsection (3), insert—

(4) In this section references to the acquiring authority include any third party referred to in section 4(1).

(11) In section 10 (acquiring authority’s liability arising on vesting of the land), in subsection (1), after “vested in an acquiring authority” insert “or a third party” .

(12) In section 11 (recovery of compensation overpaid), for subsection (1) substitute—

(1) This section applies where after the execution of a general vesting declaration a person (“ the claimant ”) claims compensation in respect of the acquisition of an interest in land by virtue of the declaration, and the acquiring authority pay compensation in respect of that interest

(13) In Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration), for paragraph 1(2) substitute—

(2) But see article 29 (acquisition of subsoil only) and article 30 (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

(14) References to the 1965 Act in the 1981 Act must be construed as references to the 1965 Act as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act and as modified by article 34 (modification of Part 1 of the 1965 Act) to the compulsory acquisition of land under this Order.

Section 34 Modification of Part 1 of the 1965 Act

(1) Part 1 (compulsory purchase under Acquisition of Land Act of 1946) of the 1965 Act, as applied to this Order by section 125 (application of compulsory acquisition provisions) of the 2008 Act, is modified as follows—

(2) In section 4A(1) (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order)” substitute “section 118 of the Planning Act 2008 (legal challenges relating to applications for orders granting development consent)” .

(3) In section 11A (powers of entry: further notice of entry)—

(a) in subsection (1)(a), after “land” insert “under that provision” ; and

(b) in subsection (2), after “land” insert “under that provision” .

(4) In Schedule 2A (counter-notice requiring purchase of land not in notice to treat) after paragraph 29, insert—

(a) for paragraphs 1(2) and 14(2) substitute—

(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 exclude the acquisition of subsoil only from this Schedule

(b) at the end insert—

INTERPRETATION

(30) In this Schedule, references to entering on and taking possession of land do not include doing so under article 35 (temporary use of land for carrying out the authorised development) or 36 (temporary use of land for maintaining the authorised development) of the Cambridge Waste Water Treatment Plant Relocation Order 2025

Section 35 Temporary use of land for carrying out the authorised development

(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 12 (land of which temporary possession only may be taken) for the purpose specified in relation to that land in column (3) of that Schedule; and

(ii) any other Order land in respect of which no notice of entry has been served under section 11 (powers of entry) of the 1965 Act and no declaration has been made under section 4 (execution of declaration) of the 1981 Act (in either case other than in connection with the acquisition of rights, imposition of restrictive covenants and/or acquisition of subsoil only);

(b) remove any buildings and vegetation from that land that reasonably need to be removed in connection with the carrying out of the authorised development;

(c) construct works (including the provision of means of access and erection of fencing or other means of enclosure) and buildings on that land;

(d) use the land for the purposes of a working site (including storage of materials and siting of equipment and apparatus) with access to the working site in connection with the authorised development;

(e) construct any works, or use the land, as specified in relation to that land in column (3) of Schedule 12, or carry out any mitigation works;

(f) break up the surface of the land to construct the authorised development and in the event of an emergency to remove, recover, reposition, repair or maintain underground apparatus;

(g) construct such works on that land as are mentioned in Schedule 1 (authorised development); and

(h) carry out mitigation works required pursuant to the requirements in Part 1 of Schedule 2 (requirements).

(2) 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.

(3) The undertaker is not required to serve notice under paragraph (2) where the undertaker has identified a potential risk to the safety of any of—

(a) the authorised development or any of its parts;

(b) the public; or

(c) the surrounding environment.

(4) The undertaker may not, without the agreement of the owners or any lessee 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 the end of construction work for that part of the authorised development specified in relation to that land in column (4) of Schedule 12; or

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

(5) Unless the undertaker has served notice of entry under section 11 of the 1965 Act or made a declaration under section 4 of the 1981 Act or otherwise acquired the land or rights over land subject to temporary possession, before giving up possession of land of which temporary possession has been taken, unless otherwise agreed by the owners of the land, the undertaker must remove all works and restore the land to the reasonable satisfaction of the owners of the land; but the undertaker must not be required to—

(a) replace any building, structure, drain or electric line removed under this article;

(b) remove any drainage works installed by the undertaker under this article;

(c) remove any new road surface or other improvements carried out under this article to any street specified in Schedule 3 (streets subject to street works);

(d) restore the land on which any permanent works have been constructed under paragraph (1)(e), (1)(f) or (1)(g);

(e) remove any ground strengthening works which have been placed on the land to facilitate construction of the authorised development;

(f) remove any measures installed over or around statutory undertakers’ apparatus to protect that apparatus from the authorised development;

(g) remove or reposition any apparatus belonging to statutory undertakers or necessary mitigation works; or

(h) restore the land on which any works have been carried out under paragraph (1)(h) insofar as the works relate to mitigation works identified in the environmental statement or required pursuant to the requirements in Part 1 of Schedule 2.

(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 any power conferred by this article.

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

(8) Subject to article 39 (no double recovery) nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the carrying out of the authorised project, other than loss or damage for which compensation is payable under paragraph (6).

(9) The undertaker may not compulsorily acquire under this Order the land referred to in paragraph (1)(a)(i) except that the undertaker is not to be precluded from—

(a) carrying out protective works under article 20 (protective works to buildings and structures); or

(b) carrying out a survey of that land under article 21 (authority to survey and investigate the land).

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

(11) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act shall apply 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 (application of compulsory acquisition provisions) of the 2008 Act.

Section 36 Temporary use of land for maintaining the authorised development

(1) Subject to paragraph (2) the undertaker may—

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

(b) enter on any land within the Order land for the purpose of gaining such access as is reasonably required for the purpose of maintaining the authorised development; and

(c) 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 explaining the purpose for which entry is to be taken.

(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 (determination of questions of disputed compensation) of the 1961 Act.

(8) Nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act 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) The undertaker is not required to serve notice under paragraph (3) where the undertaker has identified a potential risk to the safety of any of—

(a) the authorised development or any of its parts;

(b) the public; or

(c) the surrounding environment.

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

(11) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act 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 (application of compulsory acquisition provisions) of the 2008 Act.

Section 37 Disregard of certain interests and improvements

(1) In assessing the compensation payable to any person on the acquisition from that person of any land or right over any land under this Order, the tribunal must not take into account—

(a) any interest in land; or

(b) any enhancement of the value of any interest in land by reason of any building erected, works executed or improvement or alteration made on relevant land,

if the tribunal is satisfied that the creation of the interest, the erection of the building, the execution of the works or the making of the improvement or alteration as part of the authorised development was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.

(2) In paragraph (1) “ relevant land ” means the land acquired from the person concerned or any other land with which that person is, or was at the time when the building was erected, the works executed or the improvement or alteration made as part of the authorised development, directly or indirectly concerned.

Section 38 Set-off for enhancement in value of retained land

(1) In assessing the compensation payable to any person in respect of the acquisition from that person under this Order of any land (including the subsoil) the tribunal must set off against the value of the land so acquired any increase in value of any contiguous or adjacent land belonging to that person in the same capacity which will accrue to that person by reason of the construction of the authorised development.

(2) In assessing the compensation payable to any person in respect of the acquisition from that person of any new rights over land (including the subsoil), under article 28 (compulsory acquisition of rights and imposition of restrictive covenants), the tribunal is to set off against the value of the rights or restrictive covenants so acquired—

(a) any increase in the value of the land over which the new rights or restrictive covenants are required; and

(b) any increase in value of any contiguous or adjacent land belonging to that person in the same capacity,

which will accrue to that person by reason of the construction of the authorised development.

(3) The 1961 Act is to have effect, subject to paragraphs (1) and (2), as if this Order were a local enactment for the purposes of that Act.

Section 39 No double recovery

Compensation is not payable in respect of the same matter both under this Order and under any other enactment, any contract or any rule of law, or under two or more different provisions of this Order.

Section 40 Compulsory acquisition of land – incorporation of the mineral code

Parts 2 and 3 of Schedule 2 (minerals) to the Acquisition of Land Act 1981 are incorporated in this Order subject to the following modifications—

(a) for “the acquiring authority” substitute “the undertaker” ;

(b) for the “undertaking” substitute “authorised development” ; and

(c) for “compulsory purchase order” substitute “this Order” .

Section 41 Statutory undertakers

Subject to the provisions of Schedule 15 (protective provisions) and article 28 (compulsory acquisition of rights and imposition of restrictive covenants) the undertaker may—

(a) acquire compulsorily, or acquire new rights or impose restrictive covenants over, the land belonging to statutory undertakers shown on the land plans within the Order land; and

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

Section 42 Recovery of costs of new connections

(1) Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 41 (statutory undertakers) any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.

(2) Paragraph (1) does not apply in the case of the removal of a public sewer but where such a sewer is removed under article 41, any person who is—

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

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

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

(3) This article does not have effect in relation to apparatus to which Part 3 (street works in England and Wales) of the 1991 Act applies.

(4) In this article—

“ public communications provider ” has the same meaning as in section 151(1) (interpretation of chapter 1) of the Communications Act 2003 ; and

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

Section 43 Rights under or over streets

(1) The undertaker may enter onto and use 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.

(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) does not apply in relation to—

(a) any subway, tunnel or underground building; or

(b) any cellar, vault, arch, projection, 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 which is entered onto and used under paragraph (1) without the undertaker acquiring any part of that person’s interest in the land, and who suffers loss as a result, is entitled to compensation to be determined, in case of dispute, as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(5) Compensation is not payable under paragraph (4) to any person who is an undertaker to whom section 85 (sharing cost of necessary measures) of the 1991 Act applies in respect of measures of which the allowable costs are to be borne in accordance with that section.

(6) The undertaker must as soon as reasonably practicable and in any case no later than 14 days before entering the subsoil or airspace, serve notice of the use under this article, on the owner and or occupier of the subsoil or airspace proposed to be used, and such notice must be accompanied by plans showing in sufficient detail the subsoil and airspace to be used under this article and upon written request the undertaker will supply a copy of such notice and plans to the local authority and (if different) the local highway authority.

(7) If at any time following the use pursuant to paragraph (1) the subsoil or airspace is no longer required to be used under this article for the purposes of the authorised development—

(a) the undertaker will serve notice on the owner that the subsoil or airspace is no longer required;

(b) upon service of notice to the owner the right of the undertaker to use the subsoil or airspace given by paragraphs (1) and (2) will cease; and

(c) the undertaker (or if different the owner for the time being of the part of the authorised development occupying the subsoil or airspace) will within a reasonable time following the written request of the owner to do so, remove its equipment from the subsoil or airspace and restore the subsoil or airspace to the reasonable satisfaction of the owner and deliver up vacant possession of it.

Section 44 Rights on the river Cam

(1) Notwithstanding the licences which may have been granted pursuant to sections 15 (conservators may license piers embankments &c.) or 16 (no erections or works in river or on shores thereof without licence) of the River Cam Conservancy Act 1922 , the undertaker may for the purposes of the construction, operation, use and maintenance of the authorised development temporarily suspend any rights of navigation or any other rights over the parts of the river Cam identified with blue hatching on the rights of way plans.

(2) Notwithstanding the licences which may have been granted pursuant to section 15 or 16 of the River Cam Conservancy Act 1922, the undertaker may for the purposes of the construction, operation, use and maintenance of the authorised development permanently extinguish any rights of navigation or other rights over that part of the river Cam which is shown and numbered 019a on the land plans to be permanently acquired by the undertaker in connection with Work No. 32.

(3) Save as provided in paragraph (1) and (2), any rights of navigation over any other parts of the river Cam may be temporarily suspended with the written consent of the relevant navigation authority as provided in paragraph 110 of Part 7 (for the protection of the relevant navigation authority) of Schedule 15 (protective provisions).

(4) The undertaker must not exercise the powers in paragraph (1) or (2) unless it has—

(a) given not less than 42 days’ notice in writing of its intention to do so to the relevant navigation authority;

(b) published notice of the temporary suspension or extinguishment and the date from which the temporary suspension or extinguishment is to have effect once in each of 2 successive weeks in a local newspaper published or circulating in the City of Cambridge; and

(c) displayed notice of the temporary suspension or extinguishment and the date from which the temporary suspension or extinguishment is to have effect in a conspicuous position adjacent to the river Cam from the date of the first notice published under sub-paragraph (b) above, until at least 7 days after the date on which the last notice is published under sub-paragraph (b).

(5) The date that is notified, published and displayed under paragraph (4) as the date from which the suspension or extinguishment is to have effect must not be earlier than 14 days after the last date on which a notice is published under paragraph (4)(b).

(6) The River Cam Navigation Act 1851 , the River Cam Conservancy Act 1922 and Part IV (Conservators of the River Cam) of the Cambridge City Council Act 1985 are disapplied in so far as their continuance is inconsistent with the construction, operation, use and maintenance of the authorised development.

(7) The Conservators of the River Cam Byelaws 1996 are disapplied in so far as their continuance is inconsistent with the construction, operation, use and maintenance of the authorised development.

Section 45 Application of landlord and tenant law

(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, operation, use or maintenance 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.

Section 46 Operational land for the purposes of the 1990 Act

Development consent granted by this Order is to be treated as specific planning permission for the purposes of section 264(3) (cases in which land is to be treated as not being operational land) of the 1990 Act.

Section 47 Protective Provisions

Schedule 15 (protective provisions) to this Order has effect.

Section 48 Discharge of requirements and other approvals etc

(1) Save as provided otherwise by this Order, paragraphs (1) and (3) of Part 2 (procedure for discharge of certain approvals) of Schedule 2 (requirements) is to have effect in relation to applications made pursuant to the requirements set out in Schedule 2.

(2) Save as provided otherwise by this Order, paragraph (3) of Part 2 of Schedule 2 is to have effect in relation to all consents, agreements, approvals or notices granted, refused or withheld in relation to—

(a) the requirements set out in Part 1 of Schedule 2;

(b) any document referred to in any requirement set out in Part 1 of Schedule 2; and

(c) the functions of the local authority set out in Sections 60 (control of noise on construction sites) and or 61 (prior consent for work on construction sites) of the Control of Pollution Act 1974 .

(3) Where an application is made to, or a request is made of, the relevant planning authority, highway authority, street authority or the owner of a watercourse, sewer or drain or any other relevant person for any agreement or approval required or contemplated by any of the provisions of this Order, such agreement or approval must, if given, be given in writing and must not be unreasonably withheld or delayed.

Section 49 Application, disapplication and modification of legislative provisions

Schedule 17 (miscellaneous controls) to this Order, which makes provision applying, modifying and excluding statutory provisions which relate to matters for which provision may be made by this Order, has effect.

Section 50 Crown rights

(1) Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and, in particular, nothing in this Order authorises the undertaker or any licensee to use, enter on or in any manner interfere with any land or rights of any description (including any portion of the river)—

(a) belonging to His Majesty in right of the Crown and forming part of the Crown Estate without the consent in writing of the Crown Estate Commissioners;

(b) belonging to His Majesty in right of the Crown and not forming part of the Crown Estate without the consent in writing of the government department having the management of that land; or

(c) belonging to a government department or held in trust for His Majesty for the purposes of a government department without the consent in writing of that government department.

(2) Paragraph (1) does not apply to the exercise of any right under this Order for the compulsory acquisition of an interest in any Crown land (as defined in section 227 (“ Crown land ” and “ the appropriate Crown authority ”) of the 2008 Act) which is for the time being held otherwise than by or on behalf of the Crown.

(3) A consent under paragraph (1)—

(a) may be given unconditionally or subject to terms and conditions; and

(b) is deemed to have been given in writing where it is sent electronically.