{
  "url": "https://openlegislation.uk/net-zero-teesside-order-2024/schedule-12/paragraph-258",
  "json_url": "https://openlegislation.uk/net-zero-teesside-order-2024/schedule-12/paragraph-258.json",
  "legislation": "uksi/2024/174",
  "legislation_title": "The Net Zero Teesside Order 2024",
  "legislation_url": "https://openlegislation.uk/net-zero-teesside-order-2024",
  "path": "schedule/12/paragraph/258",
  "kind": "paragraph",
  "number": "258",
  "heading": null,
  "text": "(1) In this Part of this Schedule—\n“AIL access route land” means plots 290, 291 and 299, so far as required in relation to Work No. 10;\n“AIL access route works” means Work No. 10 within the AIL access route land;\n“diversion condition” means that in relation to the relevant diversion work—\n(a)in relation to a proposed work which is required for the construction of the authorised development, that it in the reasonable opinion of the undertaker enables the authorised development to be constructed and commissioned;\n(b)in relation to a proposed work which is required for the maintenance or operation of the authorised development, that it in the reasonable opinion of the undertaker enables the authorised development to be constructed (where relevant), maintained, operated and (where relevant) decommissioned;\n(c)its cost is reasonable having regard to the nature and scale of the relevant proposed work;\n(d)planning permission is not required, or has been granted, or in the reasonable opinion of the undertaker can be obtained in accordance with the undertaker’s programme for the construction of the authorised development;\n(e)such other consents, licences or authorisations as are required for the diversion work have been obtained, or in the reasonable opinion of the undertaker can be obtained in accordance with the undertaker’s programme for the construction of the authorised development;\n(f)the Teesworks entity can grant adequate interest in land or a licence to the undertaker to use, maintain and operate the diversion work for its intended purpose as part of the authorised development and if relevant to carry out the diversion work;\n(g)the diversion work—\n(i)is already constructed and available for use by the undertaker; or\n(ii)where a diversion work is to be carried out, whether by the Teesworks entity or the undertaker, it can be carried out and completed in accordance with the undertakers’ programme for the construction of the authorised development;\n(h)in relation only to the AIL access route work that the diversion work complies with the red main criteria;\n(i)in relation only to the parking diversion works that—\n(i)from 1 July 2023 to 30 September 2023, 60 parking spaces within the STDC area (but no more than 1.5km from Work No. 1) would be available to the undertaker for the parking of private cars;\n(ii)from 1 October to 31 December 2023, 150 parking spaces within the STDC area (but no more than 1.5km from Work No. 1) would be available to the undertaker for the parking of private cars;\n(iii)by 1 January 2024, at least 300 car parking spaces within the STDC area would be available for use by the undertaker for the parking of private cars;\n(iv)and that the number of car parking spaces specified would be available for use by the undertaker at all times during the periods specified, and that the surface of any land designated for use as a car parking space is suitable for such use, and that the undertaker will be able to operate a bus service that provides for the transport of personnel from the car parking spaces to construction areas during the construction of the authorised development;\nand that in the reasonable opinion of the undertaker the car parking spaces would be available for use by the undertaker at all times during the periods specified, and that the land demonstrated for use as car parking spaces is suitable for such use, and that the undertaker will be able to operate a bus service that provides for the transport of personnel from the car parking spaces to construction areas during the construction of the authorised development;\n“diversion notice” means a notice from the Teesworks entity to the undertaker under paragraph 270;\n“diversion work” means works, development or use of land;\n“diversion works agreement” means an agreement between the Teesworks entity and the undertaker in relation to a diversion work which provides—\n(a)adequate interest in land to allow the undertaker to use and where relevant maintain and operate the diversion work for its intended purpose as part of or in connection with the authorised development; and\n(b)where relevant, that the undertaker can carry out the diversion work or that the Teesworks entity must carry out the diversion work, in either case in accordance with the undertakers’ programme for the construction of the authorised development;\n“identified power” means a power conferred by the following in relation to a proposed work—\n(a)article 22 (compulsory acquisition of land);\n(b)article 23 (power to override easements and other rights);\n(c)article 25 (compulsory acquisition of rights etc.);\n(d)article 26 (private rights);\n(e)article 28 (acquisition of subsoil and airspace only);\n(f)article 31 (temporary use of land for carrying out the authorised development);\n(g)article 32 (temporary use of land for maintaining the authorised development); and\n(h)article 33 (statutory undertakers),\nor the powers conferred by section 11(3) (powers of entry) of the 1965 Act or any powers conferred by section 4 (execution of declaration) of the 1981 Act as applied by this Order;\n“information notice” means a notice issued by the undertaker under paragraph 272(c) that additional information is reasonably required before it can decide whether to agree to a diversion work;\n“parking land” means part of each of plots 289, 292, 293, 298 and 300 being the area shown hatched green on the parking plan, so far as required in relation to Work No. 9A;\n“parking plan” means the plan which is certified as the parking plan by the Secretary of State under article 45 (certification of plans etc.) for the purposes of this Order;\n“parking works” means use of the parking land within part of Work No. 9A for parking;\n“the PCC site access plan” means the plan which is certified as the PCC site access plan by the Secretary of State under article 45 for the purposes of this Order;\n“the PCC site access route land” means parts of plots 425, 459, 485 and 488, and plots 425a, 458, 458a, 467, 470, 473, 493, 496, 500, 502, 504, 505 and 508, being the area shown hatched green on the PCC site access plan so far as required in relation to Work No. 10;\n“the PCC site access route works” means Work No. 10 within the PCC site access route land;\n“proposed land” means one of the AIL access route land, the parking land, the PCC site access route land or the water connection land;\n“proposed work” means one of the AIL access route works, the parking works, the PCC site access route works or the water connection works;\n“proposed work programme” means a programme for the construction and use of a proposed work;\n“the respective authorised developments” means the authorised development and the Teesworks development respectively;\n“red main criteria” means that—\n(a)the diversion work must be along a route that must connect to plot 223 at the same location as the existing road;\n(b)the diversion work must connect into the construction areas required for the construction of the authorised development at a location required by the undertaker acting reasonably;\n(c)the diversion work must accommodate cargo of 20 metre width by 20 metre height by 80 metre length, with an axle width of 10 metres, and with 5 metres of overhang each side;\n(d)the diversion work must allow a minimum internal turning radius of 24 metres and a maximum outer turning radius of 53 metres;\n(e)the longitudinal slope of the diversion work must not exceed 5%;\n(f)the transverse slope of the diversion work must not exceed 1.5%; and\n(g)the diversion work must have a minimum ground bearing capacity of 100 kN/m2 and sufficient protection provided if it crosses underground facilities;\n“South Tees Developments Limited” means South Tees Developments Limited (Company number 11747311) whose registered office is at Teesside Airport Business Suite, Teesside International Airport, Darlington, United Kingdom, DL2 1NJ;\n“STDC” means South Tees Development Corporation;\n“STDC area” means the administrative area of STDC;\n“the Teesworks development” means development authorised by any planning permission or development consent order granted in relation to the Teesworks site (or generally by permitted development rights), or prospective development planned in relation to the Teesworks site;\n“Teesworks Limited” means Teesworks Limited (Company number 12351851) whose registered office is at Venture House, Aykley Heads, Durham, England, DH1 5TS;\n“Teesworks entity” means subject to paragraph 286 Teesworks Limited, STDC and South Tees Developments Limited and any successor in title to the freehold interest in the Teesworks site;\n“the Teesworks site” means any land within the Order limits owned by STDC, Teesworks Limited and South Tees Developments Limited;\n“water connection land” means part of plots 473, and plots 409a, 425a, 458, 461, 463, 467, 470, 472, 498, 509, 512, 515, 516, 518, 519, 521, 522, 524, 525, 531, 532, 533, 534, 535, 536, 537, 538, being the area shown hatched green on the water connection plan, and so far as required in relation to Work No. 4;\n“water connection plan” means the plan which is certified as the water connection plan by the Secretary of State under article 45 for the purposes of this Order;\n“water connection works” means Work No. 4 within the water connection land;\n“works details” means—\n(a)plans and sections;\n(b)details of the proposed design;\n(c)details of the proposed method of working;\n(d)details of the programme and timing of execution of the works;\n(e)details of vehicle access routes for construction and operational traffic;\n(f)details of the location within the Teesworks site of a corridor situated within the limits shown on the works plans for numbered works 2A, 3, 4A, 5, 6, 8 and 10 within which the corresponding works are proposed to be carried out;\n(g)details of the location within the Teesworks site of a corridor situated within the limits shown on the works plans for numbered works 2A, 3, 4A, 5, 6, 8 and 10 within which the permanent corresponding works will be placed; and\n(h)any further particulars provided in response to a request under paragraph 258; and\n“works notice” means a notice setting out details of a proposed work (sufficient to allow consideration of a potential diversion work and including a programme) and the exercise of an identified power in respect of any part of the proposed land.\n(2) For the purposes of this Part of this Schedule, a diversion work or associated interest in land is capable of meeting the diversion condition notwithstanding that—\n(a) it is longer in distance than the relevant proposed work it is replacing; or\n(b) in the case of vehicular or staff access, it increases the time taken to travel to the authorised development compared to the relevant proposed work it is replacing,\nprovided that a diversion work or associated interest in land may not be considered to be adequate where in the reasonable opinion of the undertaker an increase in distance or time (whichever is relevant) would—\n(a) incur unreasonable cost, having regard to both the nature and scale of the relevant proposed work, and the nature and scale of the impact on the Teesworks Development; or\n(b) have a material adverse impact on the timetable for the delivery of the authorised development in accordance with the undertaker’s construction programme.",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Word in Sch. 12 para. 258 inserted (21.12.2024) by The Net Zero Teesside (Correction) Order 2024 (S.I. 2024/1384), art. 1, Sch. Table"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 12 para. 258 in force at 11.3.2024, see art. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2024/174/schedule/12/paragraph/258",
    "retrieved_at": "2026-10-28T21:34:40.750770+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."
}