# The M5 Junction 10 Development Consent Order 2025, Paragraph 40

Extent: E+W

In this Part of this Schedule—
“abandoned apparatus” means apparatus which the utility undertaker has confirmed is abandoned by the utility undertaker and no longer used in the exercise of its statutory functions;
“alternative apparatus” means alternative apparatus adequate to enable the utility undertaker to fulfil its statutory functions in a manner no less effective and efficient than previously;
“apparatus” means—
(a) mains, pipes or other apparatus belonging to or maintained by the utility undertaker for the purposes of water supply;
(b) any drain or works vested in the utility undertaker under the Water Industry Act 1991;
(c) any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) (adoption of sewers and disposal works) of that Act or an agreement to adopt made under section 104 (agreements to adopt sewer, drain or sewage disposal works, at future date) of that Act, and includes a sludge main, disposal main (within the meaning of section 219 (general interpretation) of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works, and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus; and
(d) any alternative apparatus;
“functions” includes powers and duties;
“in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over or upon land;
“plan” includes all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe the works to be executed; and
“specified works” means any of the authorised works in, on or under any land purchased, held, appropriated or used under this Order that are near to, or will or may affect, any apparatus the removal of which has not been required by the undertaker under paragraph 47(2) of this Part of this Schedule and for the avoidance of doubt includes all authorised works which are situated within the following distances measured in any direction from the medial line of apparatus which is a pipe, namely—
(a) 2.25 metres where the diameter of the pipe is less than or equal to 150 millimetres;
(b) 3 metres where the diameter of the pipe is greater than 150 millimetres and less than or equal to 450 millimetres;
(c) 4.5 metres where the diameter of the pipe is greater than 450millimetres and less than or equal to 750 millimetres; and
(d) 6 metres where the diameter of the pipe exceeds 750 millimetres.
“utility undertaker” means Severn Trent Water Limited (company number 02366686), being the water undertaker (within the meaning of the Water Industry Act 1991) and the sewerage undertaker (within the meaning of Part 1 of the Water Industry Act 1991) for the area of the authorised development.

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Source: https://www.legislation.gov.uk/uksi/2025/795/schedule/9/paragraph/40 (the official version)
Page: https://openlegislation.uk/m5-junction-10-development-consent-order-2025/schedule-9/paragraph-40
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.