“alternative apparatus” means alternative apparatus adequate to enable Anglian Water to fulfil its statutory functions in not less efficient a manner than previously; 

“apparatus” means— 

(a) any works, mains, pipes or other apparatus belonging to or maintained by Anglian Water for the purposes of water supply and sewerage; 

(b) any drain or works vested in Anglian Water under the Water Industry Act 1991; and 

(c) any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4)( a ) (adoption of sewers and disposal works) of the Water Industry Act 1991 or an agreement to adopt made under section 104( b ) (agreements to adopt sewer, drain or sewage disposal works, at future date) of that Act, 

and includes a sludge main, disposal main or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any sewer, drain, or works (within the meaning of section 219 (general interpretation) of that Act) and any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus; 

“functions” includes powers and duties; 

“in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over or upon land; and 

“plan” includes sections, drawings, specifications and method statements. 

71.  The undertaker must not interfere with, build over or near to any apparatus within the Order land or carry out the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or carry out any filling around the apparatus (where the apparatus is laid in a trench) within the standard protection strips which are the strips of land falling the following distances to either side of the medial line of any relevant pipe or apparatus— 

(a) 2.25 metres where the diameter of the pipe is less than 150 millimetres; 

(b) 3 metres where the diameter of the pipe is between 150 and 450 millimetres; 

(c) 4.5 metres where the diameter of the pipe is between 450 and 750 millimetres; and 

(d) 6 metres where the diameter of the pipe exceeds 750 millimetres, 

unless otherwise agreed in writing with Anglian Water, such agreement not to be unreasonably withheld or delayed, and such provision being brought to the attention of any agent or contractor responsible for carrying out any work on behalf of the undertaker. 

72.  The alteration, extension, removal or re-location of any apparatus must not be implemented until— 

(a) any requirement for any permits under the Environmental Permitting (England and Wales) Regulations 2016( c ) or other legislation and any other associated consents are obtained by the undertaker, and any approval or agreement required from Anglian Water on alternative outfall locations as a result of such re-location are approved, such approvals from Anglian Water not to be unreasonably withheld or delayed; and 

(b) the undertaker has made the appropriate application required under the Water Industry Act 1991 together with a plan and section of the works proposed and Anglian Water has agreed all of the contractual documentation required under the Water Industry Act 1991, such agreement not to be unreasonably withheld or delayed; and such works to be carried out only in accordance with the plan and description submitted and in accordance with such reasonable requirements as may be made by Anglian Water for the alteration or otherwise for the protection of the apparatus, or for securing access to it. 

