Paragraph 115 Acquisition of land

Regardless of any provision in this Order or anything shown on the land plans or contained in the book of reference to the Order, the undertaker may not, otherwise than by agreement, such agreement may not be unreasonably withheld—

As a condition of an agreement between the parties in sub-paragraph (1), prior to the carrying out of any part of the authorised development (or in such other timeframe as may be agreed between EDF and the undertaker) that is subject to the requirements of this Part of this Schedule that will cause any conflict with or breach the terms of any easement or other legal or land interest of EDF or affect the provisions of any enactment or agreement regulating the relations between EDF and the undertaker in respect of any apparatus laid or erected in land belonging to or secured by the undertaker, the undertaker must as EDF reasonably requires enter into such deeds of consent upon such terms and conditions as may be agreed between EDF and the undertaker acting reasonably and which must be no less favourable on the whole to EDF unless otherwise agreed by EDF, and the undertaker will use reasonable endeavours to procure or secure (or both) the consent and entering into of such deeds and variations by all other third parties with an interest in the land at that time who are affected by such authorised development.

Save where otherwise agreed in writing between EDF and the undertaker, the undertaker and EDF agree that where there is any inconsistency or duplication between the provisions set out in this Part of this Schedule relating to the relocation or removal of apparatus (including but not limited to the payment of costs and expenses relating to such relocation and/or removal of apparatus) and the provisions of any existing easement, rights, agreements and licences granted, used, enjoyed or exercised by EDF or other enactments relied upon by EDF as of right or other use in relation to the apparatus, then the provisions in this Part of this Schedule will prevail.

As a condition of an agreement between the parties in sub-paragraph (1) which relates to taking temporary access rights during construction over EDF’s land, EDF may ensure that it retains flexibility to provide notice to the undertaker to require amendments to any construction routes over EDF land or to limit access to EDF apparatus and may require the undertaker to pay any reasonable costs involved in the grant of any such rights. Any notice provided to the undertaker must provide the undertaker 36 days to ensure any construction works are made safe and where possible completed. Where EDF wish to limit access as a result of an emergency they may do so without notice, the undertaker will use all reasonable endeavours to ensure any construction works are made safe. Where EDF limit access to EDF land, then EDF must seek to minimise any period of limitation and use all reasonable endeavours to restore access to the undertaker without delay.

Any agreement or consent granted by EDF under paragraph 118 or any other paragraph of this Part of this Schedule, are not to be taken to constitute agreement under sub-paragraph (1).