# The Riverside Energy Park Order 2020, Paragraph 47

Extent: E+W

(1) The undertaker must not exercise the powers conferred by—
(a) articles 3 (development consent granted by the Order), 4 (maintenance of authorised development), 13 (temporary prohibition or restriction of use of streets and public rights of way), 14 (permanent stopping up of streets), 15 (access to works), 17 (traffic regulation measures), 18 (discharge of water), 19 (authority to survey and investigate land), 20 (protective works to buildings), 21 (felling or lopping of trees), 22 (compulsory acquisition of land), 24 (compulsory acquisition of rights), 25 (acquisition of subsoil only), 26 (private rights), 27 (power to override easements and other rights), 30 (rights under or over streets), 31 (temporary use of land for carrying out the authorised development), 32 (temporary use of land for maintaining the authorised development), 33 (statutory undertakers), 34 (apparatus and rights of statutory undertakers in stopped up streets), 35 (recovery of costs of new connections); or
(b) section 11(3) (powers of entry) of the 1965 Act or the 1981 Act as applied by this Order,
in respect of any railway property unless the exercise of such powers is with the consent of Network Rail.
(2) The undertaker must not in the exercise of the powers conferred by this Order prevent pedestrian or vehicular access to any railway property, unless preventing such access is with the consent of Network Rail.
(3) The undertaker must not exercise the powers conferred by sections 271 (extinguishment of rights of statutory undertakers: preliminary notices) or 272 (extinguishment of rights of electronic communications code network operators: preliminary notices) of the 1990 Act or article 33 (statutory undertakers) of this Order in relation to any right of access of Network Rail to railway property, but such right of access may be diverted with the consent of Network Rail.
(4) The undertaker must not under the powers of this Order acquire or use or acquire new rights over any railway property except with the consent of Network Rail.
(5) Where Network Rail is asked to give its consent under this paragraph, such consent must not be unreasonably withheld but may be given subject to reasonable conditions.

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Source: https://www.legislation.gov.uk/uksi/2020/419/schedule/10/paragraph/47 (the official version)
Page: https://openlegislation.uk/riverside-energy-park-order-2020/schedule-10/paragraph-47
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.