OpenLegislation

Paragraph 123 Regulation of powers over Rosper RoadF1

England, Wales and Scotland

(1)

Subject to VPI complying with paragraphs 128, 129, 130, 131 and 133 of Part 8 of Schedule 9 to the OCGT Order the undertaker must not exercise the powers granted under this Order so as to hinder or prevent—

(a)

the construction, operation, use or maintenance of the OCGT water connection; or

(b)

access between all parts of the OCGT authorised development and Rosper Road,

otherwise than with the prior written consent of VPI.

(2)

Wherever in this Schedule provision is made with respect to the approval or consent of VPI, that approval or consent must be in writing (and subject to such reasonable terms and conditions as VPI may require), but must not be unreasonably withheld or delayed.

(3)

In the event that VPI does not respond in writing to a request for approval or consent within 28 days of receipt of such a request, VPI is deemed to have given its consent, without any terms or conditions.

Annotations

Textual amendments

F1

Sch. 9 Pt. 16 inserted (1.9.2020) by The Immingham Open Cycle Gas Turbine Order 2020 (S.I. 2020/847), art. 1, Sch. 13 (with Sch. 9 para. 144) (as amended (17.5.2021) by virtue of The Immingham Open Cycle Gas Turbine (Correction) Order 2021 (S.I. 2021/581), art. 1, Sch.)