OpenLegislation

Paragraph 1 InterpretationI1

England and Wales

In this Schedule—

  • “access rights” means rights over land to—

    1. (a)

      alter, improve, form, maintain, retain, use (with or without vehicles, plant and machinery), remove, reinstate means of access to the authorised development including visibility splays, bridges and road widening and to remove impediments (including vegetation) to such access;

    2. (b)

      remain, pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface) for all purposes in connection with the authorised development;

    3. (c)

      install, use, support, protect, inspect, alter, remove, replace, refurbish, reconstruct, retain, renew, improve and maintain security fencing, gates, boundary treatment, public rights of way and any other ancillary apparatus and any other works as necessary;

    4. (d)

      install, execute, implement, retain, repair, improve, renew, remove, relocate and plant trees, woodlands, shrubs, hedgerows, seeding, landscaping and other ecological measures together with the right to maintain, inspect and replant such trees, shrubs, hedgerows, landscaping and other ecological measures the right to pass and repass on foot, with or without vehicles, plant and machinery for all purposes in connection with the implementation and maintenance of landscaping and ecological mitigation or enhancement works;

    5. (e)

      restrict and remove the erection of buildings or structures, restrict the altering of ground levels, restrict and remove the planting of trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt or interfere with the exercise of the rights or damage the authorised development; and

    6. (f)

      install, use, support, protect, inspect, alter, remove, replace, refurbish, reconstruct, retain, renew, improve and maintain sewers, drains, pipes, ducts, mains, conduits, services, flues and to drain into and manage waterflows in any drains, watercourses and culverts.

  • “cable rights” means rights over land to—

    1. (a)

      install, use, support, protect, inspect, alter, remove, replace, refurbish, reconstruct, retain, renew, improve and maintain electrical underground cables, earthing cables, optical fibre cables, data cables, telecommunications cables and other services, works associated with such cables including bays, ducts, protection and safety measures and equipment, and other ancillary apparatus and structures (including but not limited to access chambers, manholes and marker posts) and any other works necessary together with the right to fell, trim or lop trees and bushes which may obstruct or interfere with the said cables, telecommunications and other ancillary apparatus;

    2. (b)

      remain, pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface or form a temporary compound) for all purposes in connection with the authorised development;

    3. (c)

      continuous vertical and lateral support for the authorised development;

    4. (d)

      install, use, support, protect, inspect, alter, remove, replace, refurbish, reconstruct, retain, renew, improve and maintain sewers, drains, pipes, ducts, mains, conduits, services, flues and to drain into and manage waterflows in any drains, watercourses and culverts;

    5. (e)

      install, execute, implement, retain, repair, improve, renew, remove, relocate and plant trees, woodlands, shrubs, hedgerows, seeding, landscaping and other ecological measures together with the right to maintain, inspect and replant such trees, shrubs, hedgerows, landscaping and other ecological measures the right to pass and repass on foot, with or without vehicles, plant and machinery for all purposes in connection with the implementation and maintenance of landscaping and ecological mitigation or enhancement works;

    6. (f)

      install, use, support, protect, inspect, alter, remove, replace, refurbish, reconstruct, retain, renew, improve and maintain security fencing, gates, boundary treatment, public rights of way and any other ancillary apparatus and any other works as necessary; and

    7. (g)

      restrict and remove the erection of buildings or structures, restrict the altering of ground levels, restrict and remove vegetation and restrict the planting of trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt or interfere with the exercise of the rights or damage the authorised development.

      (1)

      Plot reference number shown on the Land Plans

      (2)

      Purposes for which rights over land may be required and restrictive covenants imposed
      1/01Access rights
      1/03Access rights
      1/04Access rights
      2/05Access rights
      3/10Cable rights
      4/13Cable rights
      4/14Cable rights
      4/21Cable rights
      4/22Cable rights
      4/23Cable rights
      4/24Cable rights
      4/25Cable rights
      4/27Cable rights
      4/28Cable rights
      6/34Cable rights
      6/35Cable rights
      6/36Cable rights
      6/37Cable rights
      9/40Cable rights
      10/43Access rights
      10/44Cable rights
      10/45Cable rights
      10/46Access rights
      11/49Cable rights
      12/52Access rights
      4/53Cable rights
      9/54Cable rights
      9/55Cable rights
      9/56Cable rights
      9/57Cable rights
      13/60Cable rights
      8/61Cable rights
      9/62Cable rights
      8/63Cable rights
      8/64Access rights
      8/66Cable rights
      14/68Cable rights
      14/72Cable rights
      14/75Cable rights
      14/76Cable rights
      14/77Cable rights
      14/78Cable rights
      15/81Cable rights
      15/83Cable rights
      16/87Cable rights
      16/89Cable rights
      16/90Cable rights
      16/91Access rights
      15/92Cable rights
      15/93Cable rights
      15/94Cable rights
      18/95Cable rights
      18/96Cable rights
      18/97Cable rights
      18/98Cable rights
      18/99Cable rights
      18/100Cable rights
      18/101Cable rights
      18/102Cable rights
      18/103Cable rights
      18/104Cable rights
      18/105Cable rights
      18/106Cable rights
      18/107Cable rights
      18/108Cable rights
      18/109Cable rights
      18/110Cable rights
      19/111Cable rights
      19/112Cable rights
      19/113Cable rights
      19/114Cable rights
      19/115Cable rights
      19/116Cable rights
      19/117Cable rights
      19/118Cable rights
      19/119Cable rights
      19/120Cable rights
      19/121Access rights
      19/122Cable rights
      19/123Cable rights
      19/124Cable rights
      19/125Cable rights
      19/126Cable rights
      19/127Cable rights
      19/128Cable rights
      19/129Cable rights
      20/130Cable rights
      20/131Cable rights
      20/132Cable rights
      20/133Cable rights
      20/134Cable rights
      20/135Cable rights
      20/136Cable rights
      20/137Cable rights
      20/138Cable rights
      21/139Cable rights
      21/140Cable rights
      21/141Cable rights
      21/142Cable rights
      21/143Cable rights
      21/144Cable rights
      21/145Cable rights
      21/146Cable rights
      21/147Cable rights
      21/148Cable rights
      21/149Cable rights
      21/150Cable rights
      22/151Cable rights
      21/152Cable rights
      21/153Cable rights
      22/154Cable rights
      22/155Cable rights
      22/156Cable rights
      22/157Cable rights
      22/158Access rights
      22/159Access rights
      22/160Access rights
      22/161Access rights
      22/162Access rights
      22/163Access rights
      22/164Cable rights
      22/165Cable rights
      22/166Cable rights
      22/167Cable rights
      22/168Cable rights
      22/169Cable rights
      22/170Cable rights
      22/171Cable rights
      22/172Cable rights
      22/173Access rights

Annotations

Commencement

I1

Sch. 9 para. 1 in force at 31.5.2025, see art. 1