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; and

    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;

  • “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;

  • “services rights” means rights over land to—

    1. (a)

      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;

    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; and

    3. (c)

      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;

      (1)

      Plot reference number shown on the Land Plans

      (2)

      Purposes for which rights over land may be required and restrictive covenants imposed

      1/3access rights
      1/6cable rights
      3/2cable rights
      4/3access rights and services rights
      4/4access rights and services rights
      5/1access rights and services rights
      5/2access rights and services rights
      5/11cable rights
      6/3cable rights
      6/6cable rights
      6/7cable rights
      6/8cable rights
      6/10cable rights
      6/11cable rights
      7/3access rights
      7/6access rights
      7/7access rights
      9/1access rights and services rights
      9/2access rights
      9/3access rights and services rights
      10/1access rights
      10/2access rights and services rights
      10/5cable rights
      10/6cable rights
      10/7cable rights
      10/10access rights
      10/15cable rights
      11/1access rights
      11/2access rights
      11/3access rights
      11/4access rights
      11/5cable rights
      11/6cable rights
      11/7cable rights
      11/8cable rights
      12/1cable rights
      12/2cable rights
      12/3access rights
      12/4cable rights
      12/5access rights
      12/6cable rights
      12/7cable rights
      12/8access rights
      12/9cable rights
      12/13access rights
      12/14access rights
      12/15access rights
      12/16access rights
      12/17access rights
      12/18cable rights
      12/19cable rights
      12/20cable rights
      12/21cable rights
      12/22cable rights
      12/23cable rights
      12/24cable rights
      12/25cable rights
      13/1cable rights
      13/2cable rights
      13/3cable rights
      13/4cable rights
      13/5cable rights
      13/6cable rights
      13/7cable rights
      13/8cable rights
      14/1cable rights
      14/2cable rights
      14/3cable rights
      14/4cable rights
      14/5cable rights
      14/6access rights
      14/7cable rights
      14/8cable rights
      14/9cable rights
      14/10access rights
      14/11access rights
      14/12access rights
      14/13cable rights
      14/14cable rights
      14/15cable rights
      14/16cable rights
      14/17cable rights
      14/18cable rights
      14/19cable rights
      14/20access rights
      15/1access rights
      15/2cable rights
      15/3cable rights
      15/4cable rights
      15/5cable rights
      15/6cable rights
      15/8cable rights
      15/9cable rights
      15/10access rights
      15/11cable rights
      15/12cable rights
      15/13cable rights
      15/14access rights
      16/1access rights
      16/2access rights
      16/3access rights
      17/1cable rights
      17/2cable rights
      17/3cable rights
      17/4cable rights
      17/5cable rights
      17/6cable rights
      17/7cable rights
      17/8cable rights
      17/13access rights
      17/14cable rights
      17/15cable rights
      17/16cable rights
      17/17cable rights
      17/18cable rights
      17/19cable rights

Annotations

Commencement

I1

Sch. 9 para. 1 in force at 3.8.2024, see art. 1

Notes on the whole SI

Textual amendments

F1

Words in Preamble omitted (28.11.2024) by virtue of The Gate Burton Energy Park (Correction) Order 2024 (S.I. 2024/1249), art. 1, Sch.