{
  "url": "https://openlegislation.uk/brechfa-forest-wind-farm-connection-order-2016/schedule-9/part-2/paragraph-6",
  "json_url": "https://openlegislation.uk/brechfa-forest-wind-farm-connection-order-2016/schedule-9/part-2/paragraph-6.json",
  "legislation": "uksi/2016/987",
  "legislation_title": "The Brechfa Forest Wind Farm Connection Order 2016",
  "legislation_url": "https://openlegislation.uk/brechfa-forest-wind-farm-connection-order-2016",
  "path": "schedule/9/part/2/paragraph/6",
  "kind": "paragraph",
  "number": "6",
  "heading": "Retained apparatus—Protection—Electricity Undertakers",
  "text": "(1) Not less than 56 days before the commencement of any authorised works authorised by this Order that are near to, or will or may affect, or where construction access is to be taken over, any apparatus the undertaker shall submit to the protected person in question a plan and seek from National Grid details of the underground extent of their electricity tower foundations.\n(2) In relation to works or construction access which will or may be situated on, over, under or within (i) 15 metres measured in any direction of any apparatus, or (ii) involve embankment works within 15 metres of any apparatus, the plan to be submitted to the protected person under sub-paragraph (1) shall be detailed including a method statement and describing—\n(a) the exact position of the works or access route;\n(b) the level at which these are proposed to be constructed or renewed;\n(c) the manner of their construction or renewal including details of excavation, positioning of plant;\n(d) the position of all apparatus;\n(e) by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus; and\n(f) a ground monitoring scheme.\n(3) In relation to any works which will or may be situated on, over, under or within 10 metres of any part of the foundations of an electricity tower or between any two or more electricity towers, the plan to be submitted to the protected person under sub-paragraph (1) shall be detailed including a method statement and describing in addition to the matters set out in sub-paragraph (2) —\n(a) details of any cable trench design including route, dimensions, clearance to pylon foundations;\n(b) demonstration that pylon foundations will not be affected prior to, during and post construction;\n(c) details of load bearing capacities of trenches;\n(d) details of cable installation methodology including access arrangements, jointing bays and backfill methodology;\n(e) a written management plan for high voltage hazard during construction and ongoing maintenance of the cable route;\n(f) written details of the operations and maintenance regime for the cable, including frequency and method of access;\n(g) assessment of earth rise potential if reasonably required by National Grid’s engineers.\n(h) evidence that trench bearing capacity is to be designed to 26 tonnes to take the weight of OHL construction traffic\n(4) The undertaker shall not commence any works to which sub-paragraph (2) or (3) apply until the protected person has given written approval of the plan so submitted.\n(5) Any approval of the protected person required under sub-paragraph (2) or (3)—\n(a) may be given subject to reasonable conditions for any purpose mentioned in sub-paragraph (6) or (8);\n(b) shall not be unreasonably withheld.\n(6) In relation to a work to which sub-paragraph (2) or (3) apply, the protected person may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing its system against interference or risk of damage or for the purpose of providing or securing proper and convenient means of access to any apparatus.\n(7) Works executed under this Order shall be executed only in accordance with the plan, submitted under sub-paragraph (1) or as relevant sub-paragraph (5), as amended from time to time by agreement between the undertaker and the protected person in accordance with such reasonable Requirements as may be made in accordance with sub-paragraph (6) or (8) by the protected person for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the protected person shall be entitled to watch and inspect the execution of those works.\n(8) Where protected persons require any protective works to be carried out either themselves or by the promoter (whether of a temporary or permanent nature) such protective works shall be carried out to the protected persons’ satisfaction prior to the commencement of any authorised works (or any relevant part thereof) and the protected persons shall give 56 days’ notice of such works from the date of submission of a plan in line with sub-paragraph (1) or (5) (except in an emergency).\n(9) Nothing in this paragraph shall preclude the undertaker from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of any works, a new plan, 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.\n(10) The undertaker shall not be required to comply with sub-paragraph (1) where it needs to carry out emergency works as defined in the 1991 Act but in that case it shall give to the protected person in question notice as soon as is reasonably practicable and a plan of those works and shall—\n(a) comply with sub-paragraph (6), (7) and (8) insofar as is reasonably practicable in the circumstances; and\n(b) comply with sub-paragraph (11) at all times.\n(11) At all times when carrying out any works authorised under the Order comply with National Grid’s policies for development near over headlines EN43-8 and HSE’s guidance note 6 “Avoidance of Danger from Overhead Lines”.\n(12) As soon as reasonably practicable after any ground subsidence event attributable to the authorised works the undertaker shall implement an appropriate ground mitigation scheme save that the protected person retains the right to carry out any further necessary protective works for the safeguarding of its apparatus and can recover any such costs in line with paragraph 7.",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 9 Pt. 2 para. 6 in force at 28.10.2016, see art. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2016/987/schedule/9/part/2/paragraph/6",
    "retrieved_at": "2026-10-28T23:19:24.119707+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}