Paragraph 7 Retained apparatus: protection of National GridI1

England, Wales and Scotland

(1)

Not less than 56 days before the commencement of any specified work that does not require the removal of apparatus under paragraph 5(2), the undertaker must submit a plan to National Grid and seek from National Grid details of the apparatus belonging to or maintained by National Grid.

(2)

The plan to be submitted under sub-paragraph (1) must show—

(a)

the exact position of the works;

(b)

the level at which these are proposed to be constructed or renewed;

(c)

the manner of their construction or renewal including details of excavation and positioning of plant;

(d)

the position of all apparatus;

(e)

by way of detailed drawings, every alteration proposed to be made to or close to any apparatus.

(3)

In relation to any works that will or may be situated on, over, under or within 10 metres of any part of the foundations of an electricity tower or between any 2 or more electricity towers, the plan to be submitted under sub-paragraph (1) must be detailed, including (in addition to the matters set out in sub-paragraph (2))—

(a)

a method statement;

(b)

details of any cable trench design including route, dimensions and clearance to pylon foundations;

(c)

details of how pylon foundations will not be affected before, during and post-construction;

(d)

details of load-bearing capacities of trenches;

(e)

details of cable installation methodology including access arrangements, jointing bays and backfill methodology;

(f)

a written management plan for high voltage hazard during construction and ongoing maintenance of the cable route;

(g)

written details of the operations and maintenance regime for the cable, including frequency and method of access;

(h)

assessment of earth rise potential, if reasonably required by National Grid’s engineers;

(i)

evidence that trench-bearing capacity will be designed to 26 tonnes to take the weight of overhead line construction traffic.

(4)

The undertaker must not commence any works to which sub-paragraph (1) or (3) applies until National Grid has given written approval of the plan so submitted.

(5)

Any approval of National Grid required under sub-paragraph (1)—

(a)

may be given subject to reasonable conditions for any purpose mentioned in sub-paragraph (6) or (8); and

(b)

must not be unreasonably withheld.

(6)

In relation to any works to which sub-paragraph (1) or (3) applies, National Grid may require such modifications to be made to the plan as may be reasonably necessary for the purpose of securing its system against interference or risk of damage or for the purpose of providing or securing proper and convenient means of access to any apparatus.

(7)

Works executed under sub-paragraph (1) or (3) must be executed only in accordance with the plan submitted, as amended from time to time by agreement between the undertaker and National Grid and in accordance with such reasonable conditions, modifications and requirements as may be made in accordance with sub-paragraph (5), (6), (8) or (9) by National Grid for the alteration or otherwise for the protection of the apparatus, or for securing access to it; and National Grid is entitled to watch and inspect the execution of the works.

(8)

Where National Grid require any protective works to be carried out either by itself or by the undertaker (whether of a temporary or permanent nature)—

(a)

the protective works must be carried out to the undertaker’s satisfaction before the commencement of any authorised development (or any relevant part of it); and

(b)

National Grid must give at least 56 days’ notice of the protective works from the date of submission of a plan in accordance with sub-paragraph (1) (except in an emergency).

(9)

If National Grid, in accordance with sub-paragraph (6) or (8) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 5 and 6 apply as if the removal of the apparatus had been required by the undertaker under paragraph 5(2).

(10)

Nothing in this paragraph prevents the undertaker from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of any works, a new plan, instead of the plan previously submitted, and this having been done, the provisions of this paragraph apply to and in respect of the new plan.

(11)

The undertaker is not required to comply with sub-paragraph (1) where it needs to carry out emergency works as defined in the 1991 Act^f1; but in that case the undertaker must—

(a)

give to National Grid notice as soon as is reasonably practicable and a plan of the works;

(b)

comply with sub-paragraphs (6), (7) and (8) insofar as is reasonably practicable in the circumstances; and

(c)

comply with sub-paragraph (12).

(12)

The undertaker must at all times when carrying out any works authorised by this Order comply with—

(a)

National Grid’s policy Development near overhead lines^f2;

(b)

the Energy Networks Association’s Technical Specification 43-8 Overhead Line Clearances^f3; and

(c)

the Health and Safety Executive’s guidance note GS6 Avoiding Danger from Overhead Power Lines^f4.

Annotations

Commencement

I1: Sch. 4 Pt. 3 para. 7 in force at 30.12.2015, see art. 1

Footnotes

f1: “Emergency works” is defined in section 52(1).
f2: The document is available at this link: http://www.nationalgrid.com/NR/rdonlyres/4DD2D3FF-B973-4F3C-A8C3-CDB640526660/45082/Developmentnearoverheadlines.pdf.
f3: The document is available at this link: http://infrastructure.planningportal.gov.uk/wp-content/ipc/uploads/projects/TR040005/2.%20Post-Submission/Section%20127%20Application/130402_TR040005_WPD_Addendum_Appendix_9.pdf.
f4: The guidance note is available at this link: http://www.hse.gov.uk/pubns/gs6.htm.