# The Beacon Fen Energy Park Order 2026, Paragraph 202: Retained apparatus within the Bicker Drove stand-off area: protection


(1) Not less than 56 days before the commencement of any specified works within the Bicker Drove stand-off area, the undertaker must submit to Bicker Drove a plan of the works to be executed and seek from Bicker Drove details of the extent of their assets within the Bicker Drove stand-off area. In relation to the specified works within the Bicker Drove stand-off area the plan to be submitted to Bicker Drove under this paragraph must include a method statement which shows and describes—
(a) the exact position of the specified works within the Bicker Drove stand-off area;
(b) the level at which the specified works within the Bicker Drove stand-off area are proposed to be constructed or renewed;
(c) the manner of their construction or renewal within the Bicker Drove stand-off area including details of excavation, positioning of plant;
(d) the position of all apparatus within the Bicker Drove stand-off area;
(e) by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus within the Bicker Drove stand-off area;
(f) any intended maintenance regimes within the Bicker Drove stand-off area;
(g) an assessment of risks of rise of earth issues within the Bicker Drove stand-off area; and
(h) a ground monitoring scheme within the Bicker Drove stand-off area, where required.
(2) The undertaker must not commence any specified works within the Bicker Drove stand-off area to which sub-paragraph (1) applies until Bicker Drove has given written approval of the plan so submitted.
(3) Any approval of Bicker Drove required under sub-paragraph (2)—
(a) may be given subject to reasonable conditions for any purpose mentioned in sub-paragraphs (4) or (6); and
(b) must not be unreasonably withheld or delayed.
(4) In relation to any work to which this paragraph applies, Bicker Drove may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing its apparatus against interference or risk of damage, for the provision of protective works or for the purpose of providing or securing proper and convenient means of access to any apparatus within the Bicker Drove stand-off area and Bicker Drove must notify the undertaker of such modifications within a period of 56 days beginning with the date on which the plan required under sub-paragraph (1) has been submitted to Bicker Drove.
(5) Works executed under this paragraph must be executed in accordance with the plan, submitted under sub-paragraph (1) or as relevant sub-paragraph (4), as approved or as amended from time to time by agreement between the undertaker and Bicker Drove and in accordance with such reasonable requirements as may be made in accordance with sub-paragraphs (4) or (6) by Bicker Drove for the alteration or otherwise for the protection of the apparatus within the Bicker Drove stand-off area, or for securing access to it, and Bicker Drove will be entitled to watch and inspect the execution of those works within the Bicker Drove stand-off area.
(6) Where Bicker Drove requires any protective works within the Bicker Drove stand-off area to be carried out by itself or by the undertaker (whether of a temporary or permanent nature) such protective works, inclusive of any measures or schemes required and approved as part of the plan approved pursuant to this paragraph, must be carried out to Bicker Drove’s satisfaction prior to the commencement of any specified works within the Bicker Drove stand-off area (or any relevant part thereof) for which protective works are required and Bicker Drove shall give notice of its requirement for such works within 42 days of the date of submission of a plan pursuant to this paragraph (except in an emergency).
(7) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of the works within the Bicker Drove stand-off area for which a plan has been submitted for specified works within the Bicker Drove stand-off area (or part thereof), a new plan for such works, instead of the plan previously submitted, and having done so the provisions of this paragraph shall apply to and in respect of the new plan.
(8) The undertaker will not be required to comply with sub-paragraph (1) where it needs to carry out emergency works within the Bicker Drove stand-off area as defined in the 1991 Act but in that case it must give to Bicker Drove notice as soon as is reasonably practicable and a plan of those works and must comply with sub-paragraphs (4), (5) and (6) insofar as is reasonably practicable in the circumstances.

---
Source: https://www.legislation.gov.uk/uksi/2026/1025/schedule/11/paragraph/202 (the official version)
Page: https://openlegislation.uk/beacon-fen-energy-park-order-2026/schedule-11/paragraph-202
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.