Schedule 5 Land in which only new rights, etc. may be acquiredI1

prevent anything being done in or on the land or any part thereof for the purpose of—

without the consent in writing of the undertaker (such consent not to be unreasonably withheld or delayed if the proposed building, erection, construction or works would not cause damage to the relevant part of the authorised project nor make it materially more difficult to access or maintain the authorised project);

prevent anything to be done by way of hard surfacing of the land with concrete of any kind or with any other material or surface whatsoever without the consent in writing of the undertaker (such consent not to be unreasonably withheld or delayed if the proposed surfacing would not cause damage to the relevant part of the authorised project nor make it materially more difficult to access or maintain the authorised project) provided that the undertaker acknowledges that—

prevent—

without the consent in writing of the undertaker (such consent not to be unreasonably withheld or delayed, with consent for mole requests to be determined within 24 hours not including weekend or bank holiday hours, if the proposed activity would not cause damage to the relevant part of the authorised project nor make it materially more difficult to access or maintain the authorised project, with such consent being subject to such reasonable conditions as the undertaker may require) provided that—

prevent the planting or growing within the land of any trees, shrubs or underwood without the consent in writing of the undertaker (such consent not to be unreasonably withheld or delayed provided that the proposed trees, shrubs or underwood would not cause damage to the relevant part of the authorised project nor make it materially more difficult to maintain or to access the relevant part of the authorised project) provided that the growing within the land of any pre-existing trees, shrubs or underwood do not require the consent of the undertaker; and

prevent anything being done in or on the land or any part thereof which will, or which the owner can reasonably foresee may, interfere with the exercise of the other rights set out in this Schedule or the use of the authorised project or in any way render the authorised project or any part thereof in breach of any statute or regulation for the time being in force and applicable thereto,

lay down, install, adjust, alter, construct, operate, erect, use, maintain, repair, renew, upgrade, inspect, remove and replace the electricity cables (including the removal of materials including spoil) in, under, over and/or on the land, together with such telemetry and fibre-optic lines, ducting, jointing bays and other apparatus, protection measures and other equipment which is ancillary to the purposes of transmitting electricity along such electricity cables (collectively referred to as the “cables”);

enter, be on, and break up the surface of, the land and remain with or without plant, vehicles, machinery, apparatus and equipment which is ancillary to the purposes of transmitting electricity along the cables;

retain and use or permit the cables to transmit and distribute any matters or thing the transmission of which is for the time being not prohibited by law through, to and from the land;

pass and re-pass with or without vehicles, plant, machinery, apparatus, equipment and materials for the purposes of laying down, installing, adjusting, altering, constructing, using, maintaining, repairing, renewing, inspecting, removing and replacing the cables;

construct and install and thereafter use the land for all necessary purposes for the commissioning, construction, repair, testing and maintenance of the cables and any electric cables in, on or under other land including (but not limited to) the following—

place and use plant, machinery, structures and temporary structures within the land for the purposes of the installation, construction, maintenance, repairing, renewing, upgrading, inspecting, removal and replacing of the cables;

erect fencing and create secure works compounds;

construct, lay down, use and remove temporary access roads including any necessary temporary bridging, culverting or diversion of water courses and drains during any period during which construction, maintenance, repair or renewal is being carried out;

effect access to the highway;

make such investigations in or on the land as required;

install and maintain cable marker posts to identify the location of the cables (subject to an obligation to minimise interference with future use and operations within the land);

fell, lop or cut, coppice wood, uproot trees or hedges or shrubs which now or hereafter may be standing on the land or other land which would if not felled, lopped, cut or removed obstruct or interfere with the working of the cables;

install, use, inspect, maintain, adjust, alter, renew, repair, test or cleanse pre- and post-development drainage schemes on the land or reinstate the existing drainage scheme on the land and thereafter cleanse and maintain, alter, adjust, replace, improve or extend culverts;

install, alter, re-lay, maintain, protect, adjust or remove pipes, cables or conduits or apparatus (including the pipes, cables or conduits or apparatus of statutory undertakers);

remove fences within the land during any period during which construction, maintenance, repair or renewal is being carried out (subject to erection of any temporary stock-proof fencing as is reasonably required and the re-instating of the original fences following the exercise of the rights);

store and stockpile materials (including excavated material);

use or resort to trenchless construction techniques including (but not limited to) directional drilling;

lay out temporary paths for public use;

carry out environmental or ecological mitigation or enhancement works;

locate, install and inspect chambers or manholes within or on the land;

carry out such works (together with associated fencing) required by a planning permission and/or consent now or to be granted over the land in accordance with any necessary licences relating to protected species and/or wildlife (which for the avoidance of doubt includes newts); and

(in an emergency only when the cables are temporarily unusable) lay down, install, use maintain and inspect underground cables, telephone signalling and fibre-optic cables and ancillary equipment, associated works and other conducting media together with conduits or pipes for containing the same in and under the land.

pass and re-pass with or without vehicles, plant, machinery, apparatus, equipment and materials for the purposes of the unlicensed works and the drainage works, the inspection, testing, maintenance, renewal, upgrading, replacement and removal of the cables and connection into any adjacent cables and associated works, plant and equipment on adjoining land and make such investigations in or on the land which is ancillary for the purposes of exercise of the rights;

lay down, use, repair, alter and remove steel plates for the purpose of access to adjoining land;

erect temporary bridges and supporting or protective structures for the purposes of access to adjoining land;

fell, lop, cut, coppice, uproot trees or hedges or shrubs which now or hereafter may be present on the land for the purpose of enabling the right to pass and re-pass to adjoining land; and

erect and remove temporary fencing.

pass and re-pass with or without vehicles, plant, machinery, apparatus, equipment and materials for the inspection, testing, maintenance, renewal, upgrading, replacement and removal of the cables and connection into any adjacent cables and associated works, plant and equipment on adjoining land and make such investigations in or on the land which is ancillary for the purposes of exercise of the rights;

upgrade, surface, resurface, use and repair the land for the purposes of enabling the right to pass and re-pass to adjoining land;

erect temporary bridges and supporting or protective structures for the purposes of access to adjoining land;

fell, lop, cut, coppice, uproot trees or hedges or shrubs which now or hereafter may be present on the land for the purpose of enabling the right to pass and re-pass to adjoining land; and

erect and remove temporary fencing.

lay down, install, adjust, alter, construct, create, use, maintain, repair, renew, upgrade, inspect, remove and replace a drainage scheme on the land (the “drainage works”);

inspect, use mechanical excavation (including directional drilling and/or digging), reinstate, remove, move or alter such part or parts of the drainage system on the land for the purposes of the drainage works (including connecting the drainage works to any land drain as at the date of the drainage works);

enter and be on the land and remain with or without plant, vehicles, machinery, apparatus and equipment, for the purposes of the drainage works;

pass and re-pass with or without vehicles, plant, machinery, apparatus, equipment and materials for the purposes of the drainage works;

place and use machinery, structures and temporary structures within the land for the purposes of the drainage works;

erect, create and remove fencing and secure works compounds including temporary drilling and tunnelling compounds and working areas for the purposes of the drainage works;

make such investigations in or on the land as required for the purposes of the drainage works;

use or resort to trenchless construction techniques including (but not limited to) directional drilling in connection with the drainage works;

install, alter, re-lay, maintain, protect, adjust or remove pipes, cables or conduits or apparatus (including the pipes, cables or conduits or apparatus of statutory undertakers) for the purposes of the drainage works; and

construct, use and remove any necessary temporary access roads including any necessary temporary bridging, culverting or diversion of water courses and drains during any period during which construction, maintenance, repair or renewal is being carried out.

lay down, install, adjust, alter, construct, create, use, maintain, repair, renew, upgrade, inspect, remove and replace ramps, means of access and footpaths, bunds, embankments, swales, landscaping and boundary treatments, habitat, jointing bays, manholes and link boxes;

install, use, inspect, maintain, adjust, alter, renew, repair, test or cleanse pre- and post-development water supply, surface water management and drainage schemes on the land or reinstate the existing scheme on the land and thereafter cleanse and maintain, alter, adjust, replace, improve or extend culverts;

create boreholes;

erect, create and remove fencing and secure works compounds including temporary drilling and tunnelling compounds and working areas;

store and stockpile materials (including excavated material);

use or resort to trenchless construction techniques including (but not limited to) directional drilling beneath sea defences, watercourses, roads and railways;

remove, reconstruct, or alter the position of apparatus including mains, sewers, drains, cables and pipelines of statutory undertakers;

enter and be on the land and remain with or without plant, vehicles, machinery, apparatus and equipment, and break up the surface of the land;

pass and re-pass with or without vehicles, plant, machinery, apparatus, equipment and materials;

place, construct, use and remove plant, machinery and temporary structures in, on or over the land including any necessary temporary bridging of water courses including bailey bridges;

remove fences within the land during any period during which construction, maintenance, repair or renewal is being carried out (subject to erection of any temporary stock-proof fencing as is reasonably required and the re-instating of the original fences following the exercise of the rights); and

carry out such works (together with associated fencing) required by a planning permission and/or consent now or to be granted over the land in accordance with any necessary licences relating to protected species and/or wildlife (which for the avoidance of doubt includes newts).

prevent anything being done in or on the land or any part thereof for the purpose of—

without the consent in writing of the undertaker (such consent not to be unreasonably withheld or delayed if the proposed building, erection, construction or works would not cause damage to the relevant part of the authorised project nor make it materially more difficult to access or maintain the authorised project);

prevent anything to be done by way of hard surfacing of the land with concrete of any kind or with any other material or surface whatsoever without the consent in writing of the undertaker (such consent not to be unreasonably withheld or delayed if the proposed surfacing would not cause damage to the relevant part of the authorised project nor make it materially more difficult to access or maintain the authorised project) provided that the undertaker acknowledges that—

prevent—

without the consent in writing of the undertaker (such consent not to be unreasonably withheld or delayed if the proposed activity would not cause damage to the relevant part of the authorised project nor make it materially more difficult to access or maintain the authorised project, with such consent being subject to such reasonable conditions as the undertaker may require) provided that—

prevent the planting or growing within the land of any trees, shrubs or underwood without the consent in writing of the undertaker (such consent not to be unreasonably withheld or delayed provided that the proposed trees, shrubs or underwood would not cause damage to the relevant part of the authorised project nor make it materially more difficult to maintain or to access the relevant part of the authorised project) provided that the growing within the land of any pre-existing trees, shrubs or underwood does not require the consent of the undertaker; and

prevent anything being done in or on the land or any part thereof which will, or which the owner can reasonably foresee may, interfere with the exercise of the other rights set out in this Schedule or the use of the authorised project or in any way render the authorised project or any part thereof in breach of any statute or regulation for the time being in force and applicable thereto,

lay down, install, adjust, alter, construct, operate, erect, use, maintain, repair, renew, upgrade, inspect, remove and replace the electricity cables (including the removal of materials including spoil) in, under, over and/or on the land, together with such telemetry and fibre-optic lines, ducting, jointing bays and other apparatus, protection measures and other equipment which is ancillary to the purposes of transmitting electricity along such electricity cables (collectively referred to as the “cables”);

enter, be on, and break up the surface of, the land and remain with or without plant, vehicles, machinery, apparatus and equipment which is ancillary to the purposes of transmitting electricity along the cables;

retain and use or permit the cables to transmit and distribute any matters or thing the transmission of which is for the time being not prohibited by law through, to and from the land;

pass and re-pass with or without vehicles, plant, machinery, apparatus, equipment and materials for the purposes of laying down, installing, adjusting, altering, constructing, using, maintaining, repairing, renewing, inspecting, removing and replacing the cables;

construct and install and thereafter use the land for all necessary purposes for the commissioning, construction, repair, testing and maintenance of the cables and any electric cables in, on or under other land including (but not limited to) the following—

place and use plant, machinery, structures and temporary structures within the land for the purposes of the installation, construction, maintenance, repairing, renewing, upgrading, inspecting, removal and replacing of the cables;

erect fencing and create secure works compounds;

construct, lay down, use and remove temporary access roads including any necessary temporary bridging, culverting or diversion of water courses and drains during any period during which construction, maintenance, repair or renewal is being carried out;

effect access to the highway;

make such investigations in or on the land as required;

install and maintain cable marker posts to identify the location of the cables (subject to an obligation to minimise interference with future use and operations within the land);

fell, lop or cut, coppice wood, uproot trees or hedges or shrubs which now or hereafter may be standing on the land or other land which would if not felled, lopped, cut or removed obstruct or interfere with the working of the cables;

install, use, inspect, maintain, adjust, alter, renew, repair, test or cleanse pre- and post-development drainage schemes on the land or reinstate the existing drainage scheme on the land and thereafter cleanse and maintain, alter, adjust, replace, improve or extend culverts;

install, alter, re-lay, maintain, protect, adjust or remove pipes, cables or conduits or apparatus (including the pipes, cables or conduits or apparatus of statutory undertakers);

remove fences within the land during any period during which construction, maintenance, repair or renewal is being carried out (subject to erection of any temporary stock-proof fencing as is reasonably required and the re-instating of the original fences following the exercise of the rights);

store and stockpile materials (including excavated material);

use or resort to trenchless construction techniques including (but not limited to) directional drilling;

lay out temporary paths for public use;

carry out environmental or ecological mitigation or enhancement works;

locate, install and inspect chambers or manholes within or on the land;

carry out such works (together with associated fencing) required by a planning permission and/or consent now or to be granted over the land in accordance with any necessary licences relating to protected species and/or wildlife (which for the avoidance of doubt includes newts); and

(in an emergency only when the cables are temporarily unusable) to lay down, install, use, maintain and inspect underground cables, telephone signalling and fibre-optic cables and ancillary equipment, associated works and other conducting media together with conduits or pipes for containing the same in and under the land.

pass and re-pass with or without vehicles, plant, machinery, apparatus, equipment and materials for the purposes of the unlicensed works and the drainage works, the inspection, testing, maintenance, renewal, upgrading, replacement and removal of the cables and connection into any adjacent cables and associated works, plant and equipment on adjoining land and make such investigations in or on the land which is ancillary for the purposes of exercise of the rights;

lay down, use, repair, alter and remove steel plates for the purpose of access to adjoining land;

erect temporary bridges and supporting or protective structures for the purposes of access to adjoining land;

fell, lop, cut, coppice, uproot trees or hedges or shrubs which now or hereafter may be present on the land for the purpose of enabling the right to pass and re-pass to adjoining land; and

erect and remove temporary fencing.

lay down, install, adjust, alter, construct, create, operate, erect, use, maintain, repair, renew, upgrade, inspect, test, remove and replace electrical equipment comprising the unlicensed works;

enter and be on the land and remain with or without plant, vehicles, machinery, apparatus and equipment, and break up the surface of the land for the purposes of the unlicensed works;

pass and re-pass with or without vehicles, plant, machinery, apparatus, equipment and materials for the purposes of the unlicensed works;

place and use plant, machinery, structures and temporary structures within the land for the purposes of the unlicensed works;

erect, create and remove fencing and secure works compounds including temporary drilling and tunnelling compounds and working areas for the purposes of the unlicensed works;

make such investigations in or on the land as required for the purposes of the unlicensed works;

install and maintain cable marker posts to identify the location of the cabling comprising the unlicensed works (subject to an obligation to minimise interference with future use and operations within the land);

fell, lop or cut, coppice wood, uproot trees or hedges or shrubs which now or hereafter may be standing on the land which would if not felled, lopped, cut or removed obstruct or interfere with the unlicensed works;

install, alter, re-lay, maintain, protect, adjust or remove pipes, cables or conduits or apparatus (including the pipes, cables or conduits or apparatus of statutory undertakers) for the purposes of the unlicensed works;

remove fences within the land during any period during which construction, maintenance, repair or renewal is being carried out (subject to erection of any temporary stock-proof fencing as is reasonably required and the re-instating of the original fences following the exercise of the rights);

store and stockpile materials (including excavated material) required for the purposes of the unlicensed works;

use or resort to trenchless construction techniques including (but not limited to) directional drilling in connection with the unlicensed works;

locate, install and inspect chambers or manholes within or on the land for the purposes of the unlicensed works; and

carry out such works (together with associated fencing) required by a planning permission and/or consent now or to be granted over the land in accordance with any necessary licences relating to protected species and/or wildlife (which for the avoidance of doubt includes newts).

lay down, install, adjust, alter, construct, create, use, maintain, repair, renew, upgrade, inspect, remove and replace a drainage scheme on the land (the “drainage works”);

inspect, use mechanical excavation (including directional drilling and/or digging), reinstate, remove, move or alter such part or parts of the drainage system on the land for the purposes of the drainage works (including connecting the drainage works to any land drain as at the date of the drainage works);

enter and be on the land and remain with or without plant, vehicles, machinery, apparatus and equipment, for the purposes of the drainage works;

pass and re-pass with or without vehicles, plant, machinery, apparatus, equipment and materials for the purposes of the drainage works;

place and use machinery, structures and temporary structures within the land for the purposes of the drainage works;

erect, create and remove fencing and secure works compounds including temporary drilling and tunnelling compounds and working areas for the purposes of the drainage works;

make such investigations in or on the land as required for the purposes of the drainage works;

use or resort to trenchless construction techniques including (but not limited to) directional drilling in connection with the drainage works;

install, alter, re-lay, maintain, protect, adjust or remove pipes, cables or conduits or apparatus (including the pipes, cables or conduits or apparatus of statutory undertakers) for the purposes of the drainage works; and

construct, use and remove any necessary temporary access roads including any necessary temporary bridging, culverting or diversion of water courses and drains during any period during which construction, maintenance, repair or renewal is being carried out.

lay down, install, adjust, alter, construct, create, use, maintain, repair, renew, upgrade, inspect, remove and replace ramps, means of access and footpaths, bunds, embankments, swales, landscaping and boundary treatments, habitat, jointing bays, manholes and link boxes;

install, use, inspect, maintain, adjust, alter, renew, repair, test or cleanse pre- and post-development water supply, surface water management and drainage schemes on the land or reinstate the existing scheme on the land and thereafter cleanse and maintain, alter, adjust, replace, improve or extend culverts;

create boreholes;

erect, create and remove fencing and secure works compounds including temporary drilling and tunnelling compounds and working areas;

store and stockpile materials (including excavated material);

use or resort to trenchless construction techniques including (but not limited to) directional drilling beneath sea defences, watercourses, roads and railways;

remove, reconstruct, or alter the position of apparatus including mains, sewers, drains, cables and pipelines of statutory undertakers;

enter and be on the land and remain with or without plant, vehicles, machinery, apparatus and equipment, and break up the surface of the land;

pass and re-pass with or without vehicles, plant, machinery, apparatus, equipment and materials;

place, construct, use and remove plant, machinery and temporary structures in, on or over the land including any necessary temporary bridging of water courses including bailey bridges;

remove fences within the land during any period during which construction, maintenance, repair or renewal is being carried out (subject to erection of any temporary stock-proof fencing as is reasonably required and the re-instating of the original fences following the exercise of the rights); and

carry out such works (together with associated fencing) required by a planning permission and/or consent now or to be granted over the land in accordance with any necessary licences relating to protected species and/or wildlife (which for the avoidance of doubt includes newts).