# The Net Zero Teesside Order 2024, Paragraph 323: Access for construction and maintenance

Extent: E+W+S

(1) In preparing a construction access plan under paragraph 321 the undertaker must—
(a) establish the programme for HPU’s major works in the pipeline corridor and the North Tees Facilities and plan the construction or maintenance works to prevent or (if such conflict cannot be reasonably prevented) to minimise any conflict between the construction or maintenance works and the programmed major works; and
(b) establish where HPU’s access to the protected land, or any pipeline or the North Tees Facilities has a reasonable expectation to exercise access rights over particular access roads in respect of which rights are proposed to be restricted or extinguished, establish the purpose of that expectation and provide an alternative or replacement means of access whereby that expectation can be met.
(2) Where a reference is made to arbitration under paragraph 330 in relation to any disagreement about a construction access plan the arbitrator must have regard to—
(a) whether major works were, at the date of the consultation already programmed to take place;
(b) the extent to which the authorised development can be accommodated simultaneously with the programmed major works;
(c) the usual practice in respect of conditions or requirements subject to which authorisation to close or divert the access roads is given by the owner of the access roads;
(d) the undertaker’s programme in respect of the authorised development and the extent to which it is reasonable for it to carry out the authorised development at a different time;
(e) the availability (or non-availability) of other times during which the authorised development could be carried out;
(f) the programme in respect of the major works and the extent to which it is reasonable for HPU to carry out the major works at a different time; and
(g) the financial consequences of the decision on the undertaker and on HPU.
(3) In this paragraph, “programmed”, in relation to works, means works in respect of which the owner of the access roads has been notified of the specific dates between which the works are programmed to be carried out provided that the period covered by such dates must be length of time the works are programmed to be carried out and not a period within part of which the works are to be carried out.

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Source: https://www.legislation.gov.uk/uksi/2024/174/schedule/12/paragraph/323 (the official version)
Page: https://openlegislation.uk/net-zero-teesside-order-2024/schedule-12/paragraph-323
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.