The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014

• (4) Upon signifying their approval of the plans the engineer may specify any protective works, whether temporary or permanent, which in their opinion should be carried out before the commencement of the specified works to ensure the stability of protected property, the continuation of the safe and effective operation of TfL’s operational undertaking including any relocation of works, apparatus and equipment necessitated by the specified works and the comfort and safety of users of the roads comprised within protected property and such protective works as may be reasonably necessary for those purposes shall be constructed with all reasonable dispatch, and the undertaker shall not commence the construction of the specified works until the engineer has notified the undertaker that the protective works have been completed.

5

• (1) The undertaker shall give to the engineer not less than 56 days’ notice of its intention to commence the construction of any of the specified works and also, except in an emergency (when it shall give such notice as may be reasonably practicable), of its intention to carry out any works for the repair or maintenance of the specified works in so far as such works of repair or maintenance affect or interfere with protected property.

• (2) The specified works shall, when commenced, be carried out—

• (a) with all reasonable dispatch in accordance with approved plans;

• (b) under the supervision (if given), and to the reasonable satisfaction, of the engineer; and

• (c) in such manner as to cause—

• (i) as little damage as may be to protected property, and

• (ii) as little interference as may be with the conduct of TfL’s undertaking and the use by vehicles and pedestrians of the highways comprised within protected property.

• (3) If any damage to protected property or any such interference is caused by the carrying out of the specified works, the undertaker shall, notwithstanding any such approval as aforesaid, make good such damage and shall pay to TfL all reasonable expenses to which TfL may be put and compensation for any loss which TfL may sustain by reason of any such damage or interference.

• (4) Nothing in this paragraph shall impose any liability on the undertaker with respect to any damage, cost, expense or loss to the extent that such damage, cost expense or loss is attributable to the act, neglect or default of TfL or its servants or agents.

6

Without prejudice to the generality of paragraphs 4 and 5 above TfL may, in approving the plans of or in supervising the carrying out of the specified works or of any protective works carried out by the undertaker by virtue of the provisions of paragraph 5(3) above, require that—

• (a) nothing shall be done by or on behalf of the undertaker which unreasonably impedes the free, uninterrupted and safe flow of vehicles and pedestrians;

• (b) dust sheets and other works and working methods are used so as to prevent so far as practicable any dust or dirt from the relevant works affecting such persons; and

• (c) adequate signing of all alterations of routes for such persons and of any hazards or obstructions to the free movement of such persons is provided.

7

The undertaker shall at all times afford reasonable facilities to the engineer for access to the specified works during their construction and shall supply him with all such information as he may reasonably require with regard to those specified works or the method of construction thereof.

8

During the construction of any part of the specified works under this Part of this Schedule by TfL under this Part of this Schedule, TfL shall at all times afford reasonable facilities to the undertaker and its agents for access to those works, and shall supply the undertaker with such information as they may reasonably require with regard to such works or the method of construction thereof.

9

• (1) If any alterations or additions either permanent or temporary, to protected property are reasonably necessary during the construction of the specified works, or during a period of 12 months after the completion thereof, in consequence of the construction of the specified works, then, provided TfL has first given the undertaker the opportunity to carry out the protective works itself, such alterations and additions may be carried out by TfL after giving the undertaker reasonable notice of its intention to carry out such alterations or additions and the undertaker shall pay TfL the reasonable cost thereof as certified by the engineer, including in respect of permanent alterations and additions a capitalised sum representing any increase in the costs which may be expected to be reasonably incurred by TfL in maintaining, working and, when necessary, renewing any such alterations or additions.

• (2) If the cost of maintaining, working or renewing protected property is reduced in consequence of any such alterations or additions, a capitalised sum representing such saving shall be set off against any sum payable by the undertaker to TfL under this paragraph.

10

The undertaker shall repay to TfL all costs, charges and expenses reasonably incurred by TfL—

• (a) in constructing any part of the specified works on behalf of the undertaker or any protective works under the provisions of paragraph 4 above, including, in respect of any permanent protective works, a capitalised sum representing the costs which may be expected to be reasonably incurred by TfL in maintaining and renewing such works;

• (b) in respect of the employment of any inspectors, watchmen and other persons whom it is reasonably necessary to appoint for inspecting, watching and lighting its protected property in order to prevent, so far as may be reasonably practicable, interference, obstruction, danger or accident arising from the construction or failure of the specified works;

• (c) resulting from any speed restrictions , diversions or delays to bus services which may, in the opinion of the engineer, be required to be imposed by reason of the construction or failure of the specified works, or from the substitution of bus service (whether temporary or permanent) which may be reasonably necessary for the same reason and any loss of revenue which may be incurred by TfL due to the specified works;

• (d) in respect of any additional temporary lighting of its protected property in the vicinity of the specified works, being lighting made reasonably necessary by reason of the construction or failure of the specified works; and

• (e) in respect of the consideration of plans and the supervision by the engineer of the construction of the specified works.

11

If at any time after the completion of a specified work, not being a work vested in TfL, TfL gives notice to the undertaker informing it that the state of maintenance of any part of the specified work appears to be such as adversely affects the operation of protected property, the undertaker shall, on receipt of such notice, take such steps as may be reasonably necessary to put that specified work in such state of maintenance as not adversely to affect protected property.

12

Any additional expenses which TfL may reasonably incur in altering, reconstructing or maintaining protected property under any powers existing at the making of this Order by reason of the existence of a specified work shall, provided that 56 days’ previous notice of the commencement of such alteration, reconstruction or maintenance has been given to the undertaker, be repaid by the undertaker to TfL.

13

• (1) The undertaker shall be responsible for and make good to TfL, all costs, charges, damages and expenses not otherwise provided for in this Part of this Schedule which may be occasioned to, or reasonably incurred by, TfL—

• (a) by reason of the construction of the specified works or the failure thereof, or

• (b) by reason of any act or omission of the undertaker, of any person in its employ, or of its contractors or others whilst engaged upon the construction of the specified works,

and the undertaker shall indemnify TfL from and against all such claims and demands arising out of or in connection with the construction of the specified works or any such failure, act or omission, and the fact that any act or thing may have been done in accordance with any requirement of the engineer or under their supervision, shall not (if it was not attributable to the act, neglect or default of TfL, or of any person in their employ, or of their contractors or agents) excuse the undertaker from any liability under the provisions of this Part of this Schedule.

• (2) TfL shall give to the undertaker reasonable notice of any claim or demand as aforesaid and no settlement or compromise thereof shall be made without the prior consent of the undertaker such consent not to be unreasonably withheld.

14

Any difference arising between the undertaker and TfL under this Part of this Schedule (other than a difference as to the meaning or construction of this Part of this Schedule) shall be resolved by arbitration under article 63 (arbitration). referred to and settled by arbitration under article 63 (arbitration)

SECTION 4 — Protection for Highways and Traffic

1

The provisions of this Part of this Schedule shall have effect unless otherwise agreed in writing by the undertaker and TfL.

2

• (1) In this Part of this Schedule —

• “designated works” has the same meaning as in Part 5 (for the protection of major highways structures) of this Schedule;

• “highway” means any highway of which TfL is the highway authority but does not include any highway affected by the designated works;

• “plans” includes detailed drawings and or plans showing in detail the layout and design construction of all road and drainage works (together with longitudinal cross sections) and landscaping including all necessary traffic management measures which may affect any relevant part of the highway and “approved plans” means plans approved or deemed to be approved or settled by arbitration in accordance with the provisions of this Part of this Schedule;

• “property of TfL” means any apparatus of TfL affixed to or placed under any highway; and

• “TfL” means Transport for London.

• (2) Wherever in this Part of this Schedule provision is made with respect to the approval or consent of TfL, that approval or consent shall be in writing and subject to such reasonable terms and conditions as TfL may require, but shall not be unreasonably withheld.

• (3) In exercising the powers conferred by this Order in relation to any highway the undertaker shall have regard to the potential disruption of traffic which may be caused and shall seek to minimise such disruption so far as is reasonably practicable

• (4) If within 30 business days after such plans mentioned in paragraph (5) have been submitted to TfL, TfL has not approved or disapproved them, TfL shall be deemed to have approved the plans as submitted.

• (5) In the construction of any part of the said works under a highway no part of it shall, except with the consent of TfL, be so constructed as to interfere with the provision of proper means of drainage of the surface of the highway or be nearer than two metres to the surface of the highway.

• (6) The undertaker shall not under the powers conferred by or under this Order without the consent of TfL, acquire or enter upon, take or use whether temporarily or permanently or acquire any new rights over any part of any highway, including subsoil beneath the surface of any highway.

• (7) The provisions of this paragraph have effect in relation to carrying any part of the works authorised by this Order over a highway or carrying a highway over any part of those works;

• (8) Before commencing the construction of, or the carrying out of any work in connection with any bridge which involves interference with a highway, the undertaker shall submit to TfL for its approval plans, drawings and particulars (in this paragraph referred to as “plans”) relating thereto and the works shall not be carried out except in accordance with the plans submitted to, and approved by, TfL.

• (9) If within 56 days after the plans have been submitted TfL has not approved or disapproved them, it shall be deemed to have approved the plans as submitted.

• (10) The undertaker shall secure that so much of the works authorised by this Order as is constructed under any highway shall be so designed, constructed and (for the period of the works) maintained as to carry the appropriate loading recommended for highway bridges by the Secretary of State at the time of construction of the works, and the undertaker shall indemnify TfL against, and make good to TfL, the expenses which TfL may reasonably incur in the repair of any highway, or any tunnels, sewers, drains or apparatus therein, by reason of non-compliance with the provisions of this paragraph.

• (11) Any officer of TfL duly appointed for the purpose may at all reasonable times, on giving to the undertaker such notice as may in the circumstances be reasonable, enter upon and inspect any part of the works authorised by this Order which—

• (a) is in, over or under any highway, or

• (b) which may affect any highway or any property of TfL,

• (12) during the carrying out of the work, and the undertaker shall give to such officer all reasonable facilities for such inspection and, if he shall be of the opinion that the construction of the work is attended with danger to any highway or to any property of TfL on or under any highway, the undertaker shall adopt such measures and precautions as may be reasonably practicable for the purpose of preventing any damage or injury to the highway

• (13) The undertaker shall not alter, disturb or in any way interfere with any property of TfL on or under any highway, or the access thereto, without the consent of TfL, and any alteration, diversion, replacement or reconstruction of any such property which may be necessary shall be made by the undertaker or (if TfL fails to carry out such alteration, diversion, replacement or reconstruction works) by TfL to the reasonable satisfaction of TfL, and, if TfL carries out such works, the expense reasonably incurred by TfL in so doing shall be repaid to TfL by the undertaker.

• (14) If within 56 days after a request for consent has been submitted TfL has not given or refused such consent, it shall be deemed to have consented to the request as submitted

• (15) The undertaker shall not remove any soil or material from any highway except so much as must be excavated in the carrying out of the works authorised by this Order.

• (16) If TfL, after giving to the undertaker not less than 56 days’ notice (or, in case of emergency, such notice as is reasonably practicable) of its intention to do so, incurs any additional expense in the signposting of traffic diversions, in the diversion of footpaths, in the taking of other measures in relation thereto, or in the repair of any highway by reason of the diversion thereto of traffic from a road of a higher standard, in consequence of the construction of the works authorised by this Order, the undertaker shall repay to TfL the amount of any such expense reasonably so incurred.

• (17) An amount which apart from this sub-paragraph would be payable to TfL by virtue of this paragraph in respect of the repair of any highway shall, if the highway fell or would have fallen due for repair as part of the maintenance programme of TfL at any time within ten years of the repair being carried out by the undertaker, so as to confer on TfL financial benefit (whether by securing the completion of overdue maintenance work for which TfL is liable or by deferment of the time for such work in the ordinary course), be reduced by the amount which represents that benefit.

• (18) The undertaker shall not, except with the consent of TfL, deposit any soil or materials, or stand any plant, on or over any highway so as to obstruct or render less safe the use of the highway by any person, or, except with the like consent, deposit any soil or materials on any highway outside a hoarding, but if within 56 days after request for it any such consent is neither given nor refused it shall be deemed to have been given.

• (19) The expense reasonably incurred by TfL in removing any soil or materials deposited on any highway in contravention of this paragraph shall be repaid to TfL by the undertaker

• (20) The undertaker shall not, except with the consent of TfL, erect or retain on or over a highway to which the public continues to have access any scaffolding or other structure which obstructs the highway

• (21) The undertaker shall, if reasonably so required by TfL, provide and maintain to the reasonable satisfaction of TfL, during such time as the undertaker may occupy any part of a highway for the purpose of the construction of any part of the works authorised by this Order, temporary bridges and temporary ramps for vehicular or pedestrian traffic over that part of the works or in such other position as may be necessary to prevent undue interference with the flow of traffic in the highway as a result of the carrying out of the relevant part of the works.

• (22) Where any part of any highway has been broken up or disturbed by the undertaker and not permanently stopped up or diverted, the undertaker shall make good the subsoil, foundations and surface of that part of the highway to the reasonable satisfaction of TfL, and shall maintain the same to the reasonable satisfaction of TfL for such time as may reasonably be required for the permanent reinstatement of the highway

• (23) The reinstatement of that part of the highway shall be carried out by the undertaker to the reasonable satisfaction of TfL in accordance with such requirements as to specification of material and standards of workmanship as may be prescribed for equivalent reinstatement work by regulations made under section 71 of the New Roads and Street Works Act 1991 (c. 22).

• (24) If any damage to any highway or any property of TfL on or under any highway is caused by, or results from, the construction of any work authorised by this Order or any order or omission of the undertaker, its contractors, agents or employees whilst engaged upon such work, the undertaker may, in the case of damage to a highway, make good such damage to the reasonable satisfaction of TfL and, where the undertaker does not make good, or in the case of damage to property of TfL, the undertaker shall be liable to TfL for the remediation costs of any such damage.

• (25) The fact that any act or thing may have been done in accordance with plans approved by TfL shall not of itself (if it was not attributable to the act, neglect or default of TfL or of any person in its employ or its contractors or agents) exonerate the undertaker from any liability, or affect any claim for damages, under this Part or otherwise.

• (26) Any difference arising between the undertaker and TfL under this Part of this Schedule (other than a difference as to the meaning or construction of this Part of this Schedule) shall be resolved by arbitration under article 63 (arbitration).

PART 5 — NETWORK RAIL

1

The following provisions of this Part of this Schedule shall have effect, unless otherwise agreed in writing between the undertaker and Network Rail and, in the case of paragraph 14, any other person on whom rights or obligations are conferred by that paragraph.

2

In this Schedule—

• “asset protection agreement” means an agreement to regulate the construction and maintenance of the specified works, prepared in a form prescribed from time to time by Network Rail;

• “construction” includes execution, placing, alteration and reconstruction and “construct” and “constructed” have corresponding meanings;

• “the engineer” means an engineer appointed by Network Rail for the purposes of this Order;

• “network licence” means the network licence, as the same is amended from time to time, granted to Network Rail Infrastructure Limited by the Secretary of State in exercise of powers under section 8 of the Railways Act l993;

• “Network Rail” means Network Rail Infrastructure Limited and any associated company of Network Rail Infrastructure Limited which holds property for railway purposes, and for the purpose of this definition “associated company” means any company which is (within the meaning of section 1159 of the Companies Act 2006[^f00037] the holding company of Network Rail Infrastructure Limited, a subsidiary of Network Rail Infrastructure Limited or another subsidiary of the holding company of Network Rail Infrastructure Limited;

• “plans” includes sections, designs, design data, software, drawings, specifications, soil reports, calculations, descriptions (including descriptions of methods of construction), staging proposals, programmes and details of the extent, timing and duration of any proposed occupation of railway property;

• “railway operational procedures” means procedures specified under any access agreement (as defined in the Railways Act 1993[^f00038]) or station lease;

• “railway property” means any railway belonging to Network Rail Infrastructure Limited and— any station, land, works, apparatus and equipment belonging to Network Rail or connected with any such railway; and any easement or other property interest held or used by Network Rail for the purposes of such railway or works, apparatus or equipment; and

• “specified work” means so much of any of the authorised project as is situated upon, across, under, over or within 15 metres of, or may in any way adversely affect, railway property.

3

• (1) Where under this Part Network Rail is required to give its consent or approval in respect of any matter, that consent or approval is subject to the condition that Network Rail complies with any relevant railway operational procedures and any obligations under its network licence or under statute.

• (2) In so far as any specified work or the acquisition or use of railway property is or may be subject to railway operational procedures, Network Rail shall—

• (a) co-operate with the undertaker with a view to avoiding undue delay and securing conformity as between any plans approved by the engineer and requirements emanating from those procedures; and

• (b) use their reasonable endeavours to avoid any conflict arising between the application of those procedures and the proper implementation of the authorised project pursuant to this Order.

4

• (1) The undertaker shall not exercise the powers conferred by article 20 (protective works to buildings and structures), 21 (Remedial work to buildings and structures) and 22 (authority to survey and investigate the land) or the powers conferred by section 11(3) of the 1965 Act in respect of any railway property unless the exercise of such powers is with the consent of Network Rail.

• (2) The undertaker shall 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 shall not exercise the powers conferred by article 42 (statutory undertakers) or sections 271 or 274 of the 1990 Act, as applied by article 42 to this Order, in relation to railway property.

• (4) The undertaker shall not under the powers of this Order enter upon, acquire or use, extinguish or acquire new rights over any railway property except with the consent of Network Rail.

• (5) The powers under paragraphs (1) to (3) of article 57 (Amendment of local legislation) to this Order shall not apply in respect of any—

• (a) local enactments specified in Part 2 of Schedule 19 to this Order;

• (b) any bylaw or other provisions made under any of those specified enactments; or

• (c) any other provision of local application,

which make any provision applying to railway property (including, but not limited to, provisions applying to the construction, maintenance, operation, alteration, replacement, improvement or protection of railway property) or any functions, obligations or rights exercisable by Network Rail.

• (6) Where Network Rail is asked to give its consent pursuant to this paragraph, such consent shall not be unreasonably withheld but may be given subject to reasonable conditions.

• (7) Without prejudice to paragraph (5) the undertaker shall enter into an asset protection agreement prior to the commencement of the construction of any part of the authorised project.

5

• (1) The undertaker shall before commencing construction of any specified work supply to Network Rail proper and sufficient plans of that work for the reasonable approval of the engineer and the specified work shall not be commenced except in accordance with such plans as have been approved in writing by the engineer or settled by arbitration.

• (2) The approval of the engineer under sub-paragraph (1) shall not be unreasonably withheld, and if by the end of the period of 28 days beginning with the date on which such plans have been supplied to Network Rail the engineer has not intimated their disapproval of those plans and the grounds of their disapproval the undertaker may serve upon the engineer written notice requiring the engineer to intimate their approval or disapproval within a further period of 28 days beginning with the date upon which the engineer receives written notice from the undertaker. If by the expiry of the further 28 days the engineer has not intimated their approval or disapproval, he shall be deemed to have approved the plans as submitted.

• (3) If by the end of the period of 28 days beginning with the date on which written notice was served upon the engineer under sub-paragraph (2), Network Rail gives notice to the undertaker that Network Rail desires itself to construct any part of a specified work which in the opinion of the engineer will or may affect the stability of railway property or the safe operation of traffic on the railways of Network Rail then, if the undertaker desires such part of the specified work to be constructed, Network Rail shall construct it with all reasonable dispatch on behalf of and to the reasonable satisfaction of the undertaker in accordance with the plans approved or deemed to be approved or settled under this paragraph, and under the supervision (where appropriate and if given) of the undertaker.

• (4) When signifying their approval of the plans the engineer may specify any protective works (whether temporary or permanent) which in their opinion should he carried out before the commencement of the construction of a specified work to ensure the safety or stability of railway property or the continuation of safe and efficient operation of the railways of Network Rail or the services of operators using the same (including any relocation de-commissioning and removal of works, apparatus and equipment necessitated by a specified work and the comfort and safety of passengers who may be affected by the specified works), and such protective works as may be reasonably necessary for those purposes shall be constructed by Network Rail or by the undertaker, if Network Rail so desires, and such protective works shall be carried out at the expense of the undertaker in either case with all reasonable dispatch and the undertaker shall not commence the construction of the specified works until the engineer has notified the undertaker that the protective works have been completed to their reasonable satisfaction.

6

• (1) Any specified work and any protective works to he constructed by virtue of paragraph 5(4) shall, when commenced, be constructed—

• (a) with all reasonable dispatch in accordance with the plans approved or deemed to have been approved or settled under paragraph 5;

• (b) under the supervision (where appropriate and if given) and to the reasonable satisfaction of the engineer;

• (c) in such manner as to cause as little damage as is possible to railway property; and

• (d) so far as is reasonably practicable, so as not to interfere with or obstruct the free, uninterrupted and safe use of any railway of Network Rail or the traffic thereon and the use by passengers of railway property.

• (2) If any damage to railway property or any such interference or obstruction shall be caused by the carrying out of, or in consequence of the construction of a specified work, the undertaker shall, notwithstanding any such approval, make good such damage and shall pay to Network Rail all reasonable expenses to which Network Rail may be put and compensation for any loss which it may sustain by reason of any such damage, interference or obstruction.

• (3) Nothing in this Part shall impose any liability on the undertaker with respect to any damage, costs, expenses or loss attributable to the negligence of Network Rail or its servants, contractors or agents or any liability on Network Rail with respect of any damage, costs, expenses or loss attributable to the negligence of the undertaker or its servants, contractors or agents.

7

The undertaker shall—

• (a) at all times afford reasonable facilities to the engineer for access to a specified work during its construction; and

• (b) supply the engineer with all such information as he may reasonably require with regard to a specified work or the method of constructing it.

8

Network Rail shall at all times afford reasonable facilities to the undertaker and its agents for access to any works carried out by Network Rail under this Part during their construction and shall supply the undertaker with such information as it may reasonably require with regard to such works or the method of constructing them.

9

• (1) If any permanent or temporary alterations or additions to railway property, are reasonably necessary in consequence of the construction of a specified work, or during a period of 24 months after the completion of that work in order to ensure the safety of railway property or the continued safe operation of the railway of Network Rail, such alterations and additions may be carried out by Network Rail and if Network Rail gives to the undertaker reasonable notice of its intention to carry out such alterations or additions (which shall be specified in the notice), the undertaker shall pay to Network Rail the reasonable cost of those alterations or additions including, in respect of any such alterations and additions as are to be permanent, a capitalised sum representing the increase of the costs which may be expected to be reasonably incurred by Network Rail in maintaining, working and, when necessary, renewing any such alterations or additions.

• (2) If during the construction of a specified work by the undertaker, Network Rail gives notice to the undertaker that Network Rail desires itself to construct that part of the specified work which in the opinion of the engineer is endangering the stability of railway property or the safe operation of traffic on the railways of Network Rail then, if the undertaker decides that part of the specified work is to be constructed, Network Rail shall assume construction of that part of the specified work and the undertaker shall, notwithstanding any such approval of a specified work under paragraph 5(3), pay to Network Rail all reasonable expenses to which Network Rail may be put and compensation for any loss which it may suffer by reason of the execution by Network Rail of that specified work.

• (3) The engineer shall, in respect of the capitalised sums referred to in this paragraph and paragraph 10(a) provide such details of the formula by which those sums have been calculated as the undertaker may reasonably require.

• (4) If the cost of maintaining, working or renewing railway property is reduced in consequence of any such alterations or additions a capitalised sum representing such saving shall be set off against any sum payable by the undertaker to Network Rail under this paragraph.

10

The undertaker shall repay to Network Rail all reasonable fees, costs, charges and expenses reasonably incurred by Network Rail—

• (a) in constructing any part of a specified work on behalf of the undertaker as provided by paragraph 5(3) or in constructing any protective works under the provisions of paragraph 5(4) including, in respect of any permanent protective works, a capitalised sum representing the cost of maintaining and renewing those works;

• (b) in respect of the approval by the engineer of plans submitted by the undertaker and the supervision by him of the construction of a specified work and otherwise in connection with the implementation of the provisions of this Part of this Schedule;

• (c) in respect of the employment or procurement of the services of any inspectors, signalmen, watchmen and other persons whom it shall he reasonably necessary to appoint for inspecting, signaling, watching and lighting railway property and for preventing, so far as may be reasonably practicable, interference, obstruction, danger or accident arising from the construction or failure of a specified work;

• (d) in respect of any special traffic working resulting from any speed restrictions which may in the opinion of the engineer, require to be imposed by reason or in consequence of the construction or failure of a specified work or from the substitution or diversion of services which may be reasonably necessary for the same reason; and

• (e) in respect of any additional temporary lighting of railway property in the vicinity of the specified works, being lighting made reasonably necessary by reason or in consequence of the construction or failure of a specified work.

11

If at any time after the completion of a specified work, not being a work vested in Network Rail, Network Rail gives notice to the undertaker informing it that the state of maintenance of any part of the specified work appears to be such as adversely affects the operation of railway property, the undertaker shall, on receipt of such notice, take such steps as may be reasonably necessary to put that specified work in such state of maintenance as not adversely to affect railway property.

12

The undertaker shall not provide any illumination or illuminated sign or signal on or in connection with a specified work in the vicinity of any railway belonging to Network Rail unless it shall have first consulted Network Rail and it shall comply with Network Rail’s reasonable requirements for preventing confusion between such illumination or illuminated sign or signal and any railway signal or other light used for controlling, directing or securing the safety of traffic on the railway.

13

Any additional expenses which Network Rail may reasonably incur in altering, reconstructing or maintaining railway property under any powers existing at the making of this Order by reason of the existence of a specified work shall, provided that 56 days’ previous notice of the commencement of such alteration, reconstruction or maintenance has been given to the undertaker, be repaid by the undertaker to Network Rail.

14

• (1) The undertaker shall pay to Network Rail all reasonable costs, charges, damages and expenses not otherwise provided for in this Part which may be occasioned to or reasonably incurred by Network Rail—

• (a) by reason of the construction or maintenance of a specified work or the failure thereof, or

• (b) by reason of any act or omission of the undertaker or of any person in its employ or of its contractors or others whilst engaged upon a specified work,

and the undertaker shall indemnify and keep indemnified Network Rail from and against all claims and demands arising out of or in connection with a specified work or any such failure, act or omission; and the fact that any act or thing may have been done by Network Rail on behalf of the undertaker or in accordance with plans approved by the engineer or in accordance with any requirement of the engineer or under their supervision shall not (if it was done without negligence on the part of Network Rail or of any person in its employ or of its contractors or agents) excuse the undertaker from any liability under the provisions of this sub-paragraph.

• (2) Network Rail shall give the undertaker reasonable notice of any such claim or demand and no settlement or compromise of such a claim or demand shall be made without the prior consent of the undertaker.

• (3) The sums payable by the undertaker under sub-paragraph (1) shall include a sum equivalent to the relevant costs.

• (4) Subject to the terms of any agreement between Network Rail and a train operator regarding the timing or method of payment of the relevant costs in respect of that train operator, Network Rail shall promptly pay to each train operator the amount of any sums which Network Rail receives under sub-paragraph (3) which relates to the relevant costs of that train operator.

• (5) The obligation under sub-paragraph (3) to pay Network Rail the relevant costs shall, in the event of default, be enforceable directly by any train operator concerned to the extent that such sums would be payable to that operator pursuant to sub‑paragraph (4).

• (6) In this paragraph—

• “the relevant costs” means the costs, direct losses and expenses (including loss of revenue) reasonably incurred by each train operator as a consequence of any restriction of the use of Network Rail’s railway network as a result of the construction, maintenance or failure of a specified work or any such act or omission as mentioned in subparagraph (1); and

• “train operator” means any person who is authorised to act as the operator of a train by a licence under section 8 of the Railways Act 1993.

15

Network Rail shall, on receipt of a request from the undertaker, from time to time provide the undertaker with written estimates of the costs, charges, expenses and other liabilities for which the undertaker is or will become liable under this Part (including the amount of the relevant costs mentioned in paragraph 15) and with such information as may reasonably enable the undertaker to assess the reasonableness of any such estimate or claim made or to he made pursuant to this Part (including any claim relating to those relevant costs).

16

In the assessment of any sums payable to Network Rail under this Part there shall not be taken into account any increase in the sums claimed that is attributable to any action taken by or any agreement entered into by Network Rail if that action or agreement was not reasonably necessary and was taken or entered into with a view to obtaining the payment of those sums by the undertaker under this Part or increasing the sums so payable.

17

The undertaker and Network Rail may, subject in the case of Network Rail to compliance with the terms of its network licence, enter into, and carry into effect, agreements for the transfer to the undertaker of—

• (a) any railway property shown on the works and land plans and described in the book of reference;

• (b) any lands, works or other property held in connection with any such railway property; and

• (c) any rights and obligations (whether or not statutory) of Network Rail relating to any railway property or any lands, works or other property referred to in this paragraph.

18

Nothing in this Order, or in any enactment incorporated with or applied by this Order, shall prejudice or affect the operation of Part I of the Railways Act 1993.

19

The undertaker shall give written notice to Network Rail if any application is proposed to be made by the undertaker for the Secretary of State’s consent, under article 61 (certification of plans etc) of this Order and any such notice shall be given no later than 28 days before any such application is made and shall describe or give (as appropriate)—

• (a) the nature of the application to be made;

• (b) the extent of the geographical area to which the application relates; and

• (c) the name and address of the person acting for the Secretary of State to whom the application is to be made.

20

The undertaker shall no later than 28 days from the date that the plans submitted to and certified by the Secretary of State in accordance with article 61 (certification of plans etc) are certified by the Secretary of State, provide a set of those plans to Network Rail in the form of a computer disc with read only memory.

21

Notwithstanding article 54 (Discharge of requirements, etc) any difference or dispute arising between the undertaker and Network Rail under this Part of this Schedule shall be referred to and settled by arbitration under article 63 (arbitration).

PART 6 — COMMUNICATIONS NETWORK OPERATORS

Effect

1

For the protection of any operator, the following provisions, unless otherwise agreed in writing between the undertaker and the operator, have effect.

Interpretation

2

In this part of this Schedule—

• “the 2003 Act” means the Communications Act 2003; “conduit system” has the same meaning as in the electronic communications code (under paragraph 2(1) of Schedule 3 to the 2003 Act) and references to providing a conduit system shall be construed in accordance with paragraph 1(3A) of that code; “electronic communications apparatus” has the same meaning as in the electronic communications code also hereinafter referred to as apparatus; “the electronic communications code” has the same meaning as in Chapter 1 of Part 2 of the 2003 Act;

• “electronic communications code network” means— so much of an electronic communications network or conduit system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 or paragraph 17 of Schedule 18 of the 2003 Act; and an electronic communications network which the Secretary of State is providing or proposing to provide;

• “electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106 or paragraph 17 of Schedule 18 of the 2003 Act; and

• “operator” means the operator of an electronic communications code network.

Electronic communications apparatus installed on, under or over any land

3

The exercise of the powers pursuant to this order are subject to paragraph 23 of Schedule 2 to the Telecommunications Act 1984 as if the undertaker were a “relevant undertaker” for the purposes of that paragraph.

Enactments and agreements in respect of apparatus in the promoter’s land

4

Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and an operator in respect of any electronic communications apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.

Temporary and Permanent stopping up of streets forming part of the public maintainable highway

5

• (1) The temporary stopping up or diversion of any highway under article 15 (temporary stopping up) shall not affect any right of the operator under paragraph 9 of the electronic communications code to maintain any apparatus which, at the time of the stopping up or diversion, is in that highway.

• (2) The undertaker shall give not less than 28 days’ notice in writing of its intention to temporarily stop up any highway to any operator of an electronic communications code network whose apparatus is under, over, in, on, along or across the highway and shall include in such notice details of the proposed duration of the temporary stopping up and the reason for it being required.

• (3) Where a notice under sub-paragraph (2) has been given, the operator, if it reasonably considers that it is necessary for the safe and efficient operation and maintenance of the apparatus, may, and, if reasonably requested so to do by the undertaker in the notice, shall, as soon as reasonably practicable after the service of the notice—

• (a) remove the apparatus and place it or other apparatus provided in substitution for it in such other position as the operator may reasonably determine and have power to place it, or

• (b) provide other apparatus in substitution for the existing apparatus and place it in such other position as aforesaid.

• (4) Subject to the following provisions of this paragraph the undertaker shall pay to any operator of an electronic communications code network an amount equal to the cost reasonably incurred by the operator in or in connection with—

• (a) the execution of protection or relocation works required in consequence of the temporary or permanent stopping up of the highway, and

• (b) the doing of any other work or thing rendered necessary by the execution of protection and or relocation works.

• (5) If in the course of the execution of relocation works under sub-paragraph (3)—

• (a) apparatus of better type, greater capacity or greater dimensions is placed in substitution for existing apparatus of worse type, smaller capacity or smaller dimensions, except where this has been solely due to using the nearest currently available type, capacity or dimension, or

• (b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus save where the depth as to placing is at the request of the undertaker and or to accommodate the authorised project) is placed at a depth greater than the depth at which existing apparatus was,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker, or, in default of agreement, is not determined to be necessary in consequence of the construction of the authorised project in order to ensure the continued efficient operation of the electronic communications code network of the operator then, if it involves cost in the execution of the relocation works exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth (save as aforesaid), as the case may be, the amount which apart from this paragraph would be payable to the operator by virtue of sub-paragraph (4) shall be reduced by the amount of that excess.

• (6) For the purposes of sub-paragraph (5)—

• (a) the installation of replacement apparatus in accordance with the standard construction specification in use by the operator at the time of works, the physical conditions and the engineering requirements that the apparatus will be subject to in its relocated position and the extension of apparatus to a length greater than the length of existing apparatus shall not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus except in a case where the apparatus as so extended provides more than an equivalent service except where such service is solely due to having used equipment of the nearest alternative type, capacity or dimension which may be available at the time it was placed, and

• (b) where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole (in either case of such type, capacity and dimensions as shall reasonably be appropriate) shall be treated as if it also had been agreed or had been so determined.

• (7) The amount which apart from this sub-paragraph would be payable to an operator in respect of works by virtue of sub-paragraph (4) (and having regard, where relevant, to sub-paragraph (5)) shall, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7½ years earlier so as to confer on the operator any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

Indemnity

6

• (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the installation of any such works authorised by this Schedule or in consequence of the installation, use, maintenance or failure of any of the authorised development by or on behalf of the promoter or in consequence of any act or default of the promoter (or any person employed or authorised by him) in the course of carrying out such works, including without limitation works carried out by the promoter under this Schedule or any subsidence resulting from any of these works), any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of an undertaker, or there is any interruption in any service provided, or in the supply of any goods, by any undertaker, or the undertaker becomes liable to pay any amount to any third party, the promoter shall—

• (a) bear and pay on demand the cost reasonably incurred by that undertaker in making good such damage or restoring the supply; and

• (b) indemnify that undertaker for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from the undertaker, by reason or in consequence of any such damage or interruption or the undertaker becoming liable to any third party as aforesaid

• (2) The fact that any act or thing may have been done by an undertaker on behalf of the promoter or in accordance with a plan approved by an undertaker or in accordance with any requirement of an undertaker or under its supervision shall not (subject to sub-paragraph (3), excuse the promoter from liability under the provisions of this sub-paragraph (1)).

• (3) Nothing in sub-paragraph (1) shall impose any liability on the promoter with respect to any damage or interruption to the extent that it is attributable to the neglect or default of an undertaker, its officers, servants, contractors or agents.

• (4) An undertaker shall give the promoter reasonable notice of any such claim or demand and no settlement or compromise shall be made without first consulting the promoter and considering their representations.

Arbitration

7

Any difference or dispute arising between the undertaker and an operator under this Part of this Schedule shall, unless otherwise agreed in writing between the undertaker and that operator, be referred to and settled by arbitration under article 63 (arbitration).

PART 7 — THE CITY OF LONDON CORPORATION

Application

1

The provisions of this part shall have effect for the protection of the COL, save as may otherwise be agreed in writing at any time between the COL and the undertaker.

Interpretation

2

In this Part of this Schedule-

• “COL” means the Mayor and Commonalty and Citizens of the City of London, acting in its capacity as Trustees of the Bridge House Estates;

• “bridges” means Blackfriars Road Bridge, the Millennium Bridge, Southwark Bridge, London Bridge and Tower Bridge and “bridge” shall mean any of them;

• “protective works” means any work indicated in a settled submission (whether permanent or temporary) to be undertaken for the purposes of- monitoring the effects on a bridge of the specified works, or reducing the risk of damage being caused to a bridge by the specified works;

• “remedial works” means any work undertaken by or on behalf of the undertaker pursuant to paragraph 4;

• “settled submissions” are such of the submissions made by the undertaker in accordance with paragraph 3(2) to which- the COL has confirmed that it has no objections in accordance with paragraph 3(3)(a), the COL has been deemed to have confirmed that it has no objections in accordance with paragraph 3(4), or all objections by the COL have been withdrawn or settled by arbitration under article 63 (arbitration) following referral in accordance with paragraph 7;

• “specified works” means any part of the authorised development as may be situated at- Blackfriars Bridge Foreshore and associated works within the limit of Work No. 17a and Work No. 17b, or within the river Thames between Temple Pier on Victoria Embankment and the point 75 metres downstream of Tower Bridge and includes the construction of any such part of the authorised development.

Protective works

3

• (1) The provisions of this paragraph shall (unless otherwise agreed in writing by the COL and the undertaker) apply separately to protective works in respect of each bridge and the undertaker will not carry out protective works to the bridges until the procedures in sub-paragraphs (2) to (6) have been complied with.

• (2) The undertaker shall submit in relation to each bridge the following submissions to the COL for review and confirm whether the COL has any objections in accordance with the following provisions of this Part—

• (a) an updated technical assessment report;

• (b) an emergency preparedness plan;

• (c) a risk assessment and method statement for the pre-construction and construction stages of the protective works;

• (d) bridge monitoring proposals; and

• (e) details of proposed mitigation measures.

The documentation forming each submission may be provided by the undertaker to the COL on a phased basis and the procedures in sub-paragraphs (3) to (6) shall apply (mutatis mutandis) separately to each part of a submission.

• (3) Within 28 days (or within such longer period as the undertaker and the COL may agree in writing) following receipt of a submission, the COL shall respond to the undertaker either—

• (a) confirming that the COL has no objection to the submission; or

• (b) specifying (with reasons) the COL’s reasonable objections to the submission and suggesting any changes which the COL considers are needed in order to remove the objections, in which event the undertaker shall (where practicable) revise and re-submit the submission and the provisions of this sub-paragraph (3) shall apply to the revised submission (save that the period for the COL to respond shall be reduced to 14 days); or

• (c) specifying the further information which the COL requires in order to assess the submission.

• (4) If the COL fails to respond to the submissions or any of them within the period specified in, or otherwise agreed pursuant to, sub-paragraph (3), the COL shall be deemed to have confirmed that it has no objection to the submission.

• (5) The undertaker shall not commence construction of the specified works until the procedures set out in the preceding sub-paragraphs have been concluded and all protective works have been completed in accordance with the settled submissions.

• (6) If the undertaker wishes to deviate in any material respect from any requirement set out in a Settled Submission, the undertaker shall submit revised details to the COL for review and the provisions of paragraphs 3(3) to 3(5) (mutatis mutandis) shall apply, provided that where changes are needed in the event of an emergency the undertaker and the COL may agree in writing such modifications to the procedures and timescales set out in those paragraphs as may be necessary or expedient to allow steps to be taken to mitigate the emergency or its impact.

• (7) As soon as is reasonably practicable following completion of the construction of the specified works the undertaker shall in a good and workmanlike manner remove from the bridges all monitoring and other equipment and temporary works installed in accordance with settled submissions and shall reinstate the bridges as nearly as possible to their condition prior to the carrying out of the protective works (leaving out of account any permanent works carried out in accordance with the settled submission, any monitoring equipment which the undertaker and COL have agreed should remain in place for a period after the completion of construction to allow ongoing monitoring of the bridges and reasonable wear and tear).

• (8) The undertaker shall not carry out any protective works on the bridges other than in accordance with a settled submission, and shall not carry out on the bridges—

• (a) any work under article 20 or

• (b) any work under the authority conferred by article 3 comprising associated development falling within paragraph (p) or (q) of Part 1 of Schedule 1.

Remedial works

4

• (1) The provisions of this paragraph shall (unless otherwise agreed by the COL and the undertaker in writing) apply separately to remedial works in respect of each bridge.

• (2) If any damage to a bridge shall be caused by the carrying out of, or in consequence of, the construction of the specified works or any protective works carried out in accordance with paragraph 3, the undertaker shall, if the COL requires, make good such damage to the reasonable satisfaction of the COL.

• (3) The undertaker shall not carry out on the bridges any work under article.

• (4) If at any time after the completion of the construction of the specified works, the COL gives notice to the undertaker informing it that the state of maintenance of any part of the specified works appears to be such as adversely affects the stability or operation of a bridge, the undertaker shall, on receipt of such notice, take such steps as may be reasonably necessary to put that specified work in such state of maintenance as not adversely to affect the bridge.

Inspection and monitoring

5

• (1) The COL shall be entitled (on reasonable notice and subject to complying with any reasonable site safety and induction requirements imposed by the undertaker or its contractors) to enter the site of any works carried out in accordance with the foregoing paragraphs in order to inspect and monitor the conduct of such works; and may make representations to the undertaker as to any concerns about such works which the COL may have in the course of such inspections and the undertaker shall take due account of any such representations.

• (2) The COL may further request the undertaker to provide additional details of any works carried out in accordance with the foregoing paragraphs and the undertaker shall use all reasonable endeavours to comply with any such request as soon as possible.

Damages, costs and indemnification

6

• (1) Subject to the following provisions of this paragraph, the undertaker shall-

• (a) reimburse to the COL all costs and expenses reasonably and properly incurred by it (the amounts of which are to be agreed between the COL and the undertaker in advance of expenditure) in—

• (i) responding to any submission submitted to it in accordance with paragraph 3(2) or 3(6),

• (ii) conducting any inspection or monitoring in accordance with paragraph 5(1), or

• (iii) remedying any damage to a bridge caused by the carrying out of, or in consequence of the specified works or any works carried out in accordance with the foregoing paragraphs;

• (iv) altering, reconstructing or maintaining the bridges under any powers existing at the time of the making of this Order, where necessitated by the specified works, provided that 28 days’ previous notice of the commencement of such alteration, reconstruction or maintenance has been given to the undertaker;

• (b) be responsible for, and make good to the COL, all reasonable costs, charges, damages and expenses not otherwise provided for in this Part which may be occasioned to, or reasonably and properly incurred by, the COL by reason of damage to a bridge or interference or obstruction to the use or operation of a bridge caused by or in consequence of-

• (i) the construction of the specified works or the failure thereof, or

• (ii) any act or omission of the undertaker or any person in its employ, or of its contractors or others whilst engaged upon the construction of the specified works; and

• (c) indemnify the COL from and against all such claims and demands arising out of, or in connection with, the construction of the specified works or any such failure, act or omission as referred to in sub-paragraph (1)(b).

• (2) The fact that any act or thing may have been done in accordance with the settled submissions, shall not (if it was not attributable to the act, neglect or default of the COL, or of any person in their employ, or of their contractors or agents) excuse the undertaker from any liability under the provisions of this Part.

• (3) Nothing in this Part shall impose any liability on the undertaker with respect to any damage, costs, expenses or loss attributable to the negligence of the COL or its servants, contractors or agents or any liability on the COL with respect of any damage, costs, expenses or loss attributable to the negligence of the undertaker or its servants, contractors or agents.

• (4) The undertaker’s liability to indemnify the COL pursuant to sub-paragraph (1)(c) may be limited to a sum to be agreed between the COL and the undertaker.

• (5) In no circumstances shall the undertaker be liable to the COL under or in connection with this Part for indirect or consequential loss (including loss of profit) howsoever arising.

• (6) The COL shall at all times take all reasonable steps to prevent and mitigate any cost, loss, claim or liability (whether indemnified or not) which it suffers as a result of the undertaker’s negligence or breach of this Part.

• (7) The COL shall give to the undertaker reasonable notice of any claim or demand to which sub-paragraph (1)(c) applies and shall not compromise or settle any such claim or demand without the prior consent of the undertaker, such consent not to be unreasonably withheld or delayed.

Dispute resolution

7

Any difference or dispute arising between the undertaker and the COL under this Part shall, unless otherwise agreed in writing between the undertaker and the COL, be referred to and settled by arbitration under article 63 (arbitration).

SCHEDULE 17 — PROCEDURE FOR DISCHARGE OF REQUIREMENTS ETC. AND APPEALS

Applications made under requirements

1

• (1) Where the undertaker proposes to make an application to a discharging authority for any consent, agreement or approval required by a requirement, it shall no later than twenty eight days prior to submitting such application provide a draft of the proposed application to the discharging authority, unless otherwise agreed by the discharging authority. It shall on the same date provide a complete draft of the proposed application to any requirement consultee and shall affix a notice to a conspicuous object or objects on or near the site of the works which are the subject of such application which shall give details of the proposed application together with the address within the locality where application documents may be inspected and details of the manner in which representations on the application may be made.

• (2) Where an application has been made to a discharging authority for any consent, agreement or approval required by a requirement included in this Order, the discharging authority shall give notice to the undertaker of their decision on the application within a period of 8 weeks beginning with—

• (a) the day immediately following that on which the application is received by the authority;

• (b) the day immediately following that on which further information has been supplied by the undertaker under paragraph 2; or

• (c) such longer period as may be agreed by the undertaker and the discharging authority in writing.

• (3) In determining any application under this paragraph the discharging body may either grant or refuse consent, and where consent is refused the discharging authority must provide its reasons for the refusal with the notice of refusal.

Further information regarding requirements

2

• (1) In relation to any application further to a requirement, the discharging authority shall have the right to request such further information from the undertaker as is necessary to enable it to consider the application.

• (2) In the event that the discharging authority considers such further information to be necessary and the requirement does not specify that consultation with a statutory consultee is required, it shall, within 7 business days of receipt of the application, notify the undertaker in writing specifying the further information required.

• (3) In the event that the requirement specifies that consultation with a requirement consultee is required, the discharging authority shall issue the consultation to the requirement consultee within 3 business days of receipt of the application, and shall notify the undertaker in writing specifying any further information requested by the requirement consultee within 1 business day of receipt of such a request and in any event within 15 business days of receipt of the application.

• (4) In the event that the discharging authority does not give such notification within this 7 business day period as referred to in paragraph 2(2) it shall be deemed to have sufficient information to consider the application and shall not thereafter be entitled to request further information without the prior agreement of the undertaker.

Fees further to requirements

3

• (1) Where an application is made to the discharging authority for written consent, agreement or approval in respect of a requirement, a fee shall be paid to that authority as follows—

• (a) fees shall be calculated in accordance with the following table—

Category 1

The erection of buildings— (i) where no floor space is to be created by the development, £170; (ii) where the area of gross floor space to be created by the development does not exceed 40 metres, £170; (iii) where the area of the gross floor space to be created by the development exceeds 40 square metres, but does not exceed 75 square metres, £335; (iv) where the area of the gross floor space to be created by the development exceeds 75 square metres, but does not exceed 3750 square metres, £335 for each 75 square metres of that area; (v) where the area of gross floor space to be created by the development exceeds 3750 square metres, £16,565; and an additional £100 for each 75 square metres

Category 2

The carrying out of any operations not coming within Category 1, £170 for each 0.1 hectare of the site area, subject to a maximum £1,690

• (b) where an application is made for discharge of a requirement (“current application”) in respect of which an application has been made previously, the fee payable in respect of the current application shall be £335.

• (2) For the purpose of the calculation of fees pursuant to sub-paragraph 3(1)(a)—

• (a) the area shall be taken as consisting of the area of land to which the application relates;

• (b) where the application relates to development within Category 1, the area of gross floor space created by the development shall be ascertained by external measurement of the floor space, whether or not it is bounded (wholly or partly) by external walls of a building;

• (c) where the application relates to development within Category 1 and the gross floor space to be created by the development exceeds 75 square metres and is not an exact multiple of 75 square metres, the area remaining after division of the total number of square metres of gross floorspace by the figure of 75 shall be treated as being 75 metres; and

• (d) where the application relates to development within Category 2 and the site area exceeds 0.1 hectares and is not an exact multiple of 0.1 hectares, the area remaining after division of the total number of hectares by the figure of 0.1 hectares shall be treated as being 0.1 hectares.

Appeals

4

• (1) Save as otherwise provided in this Order, the undertaker may appeal in the event that—

• (a) the discharging authority refuses an application for any consent, agreement or approval required or permitted by—

• (i) a requirement included in this Order; or

• (ii) a document referred to in any requirement included in this Order (unless such consent, agreement or approval has to be obtained by virtue of any other legal requirement); or

• (iii) any other provision of this Order;

or does not determine such an application within the time period set out;

or grants it subject to conditions;

• (b) the discharging authority issues a notice further to sections 60 and or 61 of the Control of Pollution Act 1974;

• (c) on receipt of a request for further information pursuant to paragraph 2 of this Schedule, the undertaker considers that either the whole or part of the specified information requested by the discharging authority is not necessary for consideration of the application; or

• (d) on receipt of any further information requested, the discharging authority notifies the undertaker that the information provided is inadequate and requests additional information which the undertaker considers is not necessary for consideration of the application.

• (2) The appeal process shall be as follows—

• (a) any appeal by the undertaker must be made within forty two days of the date of the notice of the decision or determination, or (where no determination has been made) expiry of the time period set out, giving rise to the appeal as referred to in paragraph (1);

• (b) the undertaker shall submit the appeal documentation to the Secretary of State and shall on the same day provide copies of the appeal documentation to the discharging authority and any requirement consultee and shall on the same date affix a notice to a conspicuous object or objects on or near the site of the works which are the subject of such appeal which shall give details of the decision of the discharging authority and of the application and notice that an appeal has been made together with the address within the locality where appeal documents may be inspected and details of the manner in which representations on the appeal may be made;

• (c) as soon as is practicable after receiving the appeal documentation, the Secretary of State shall appoint a person to consider the appeal (“the appointed person”) and shall notify the appeal parties of the identity of the appointed person and the address to which all correspondence for their attention should be sent;

• (d) the discharging authority and any requirement consultee (if applicable) shall submit their written representations together with any other representations received by them pursuant to the notice of application referred to in paragraph 1 (1) or the notice of appeal referred to in paragraph 1 (2) (b) of this Schedule to the appointed person in respect of the appeal within 10 business days of the start date and shall ensure that copies of their written representations and any other representations as sent to the appointed person are sent to each other and to the undertaker on the day on which they are submitted to the appointed person;

• (e) the appeal parties shall make any counter-submissions to the appointed person within 10 business days of receipt of written representations pursuant to paragraph (d) above; and

• (f) the appointed person shall make a decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable.

• (3) The appointment of the person pursuant to sub-paragraph (2)(c) may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State.

• (4) In the event that the appointed person considers that further information is necessary to enable the appointed person to consider the appeal they shall as soon as practicable notify the appeal parties in writing specifying the further information required, the appeal party from whom the information is sought, and the date by which the information is to be submitted.

• (5) Any further information required pursuant to sub-paragraph (4) shall be provided by the party from whom the information is sought to the appointed person and to other appeal parties by the date specified by the appointed person. The appointed person shall notify the appeal parties of the revised timetable for the appeal on or before that day. The revised timetable for the appeal shall require submission of written representations to the appointed person within 10 business days of the agreed date but shall otherwise be in accordance with the process and time limits set out in sub-paragraph (2)(c)-(e).

• (6) On an appeal under this paragraph, the appointed person may—

• (a) allow or dismiss the appeal, or

• (b) reverse or vary any part of the decision of the discharging authority (whether the appeal relates to that part of it or not),

and may deal with the application as if it had been made to him in the first instance.

• (7) The appointed person may proceed to a decision on an appeal taking into account such written representations as have been sent within the relevant time limits and in its sole discretion such written representations as have been sent out with the relevant time limits.

• (8) The appointed person may proceed to a decision even though no written representations have been made within the relevant time limits, if it appears to him that there is sufficient material to enable a decision to be made on the merits of the case.

• (9) The decision of the appointed person on an appeal shall be final and binding on the parties, and a court may entertain proceedings for questioning the decision only if the proceedings are brought by a claim for judicial review.

• (10) If an approval is given by the appointed person pursuant to this Schedule, it shall be deemed to be an approval for the purpose of Schedule 3 (requirements) of this Order as if it had been given by the discharging authority. The discharging authority may confirm any determination given by the appointed person in identical form in writing but a failure to give such confirmation (or a failure to give it in identical form) shall not be taken to affect or invalidate the effect of the appointed person’s determination.

• (11) Save where a direction is given pursuant to sub-paragraph (12) requiring the costs of the appointed person to be paid by the discharging authority, the reasonable costs of the appointed person shall be met by the undertaker.

• (12) On application by the discharging authority or the undertaker, the appointed person may give directions as to the costs of the appeal parties and as to the parties by whom the costs of the appeal are to be paid. In considering whether to make any such direction and the terms on which it shall be made, the appointed person shall have regard to Communities and Local Government Circular 03/2009 or any circular or guidance which may from time to time replace it.

SCHEDULE 18 — REMOVAL OF CONSENT REQUIREMENTS

Consent pursuant to Ss. 109-110 Water Resources Act 1991, Land Drainage Act 1991, or associated byelaws made further to Schedule 25 of Water Resources Act 1991
Consent under section 23 of the Land Drainage Act 1991

SCHEDULE 19 — MISCELLANEOUS CONTROLS

PART 1 — PUBLIC GENERAL LEGISLATION

Introduction

1

This Part 1 of this Schedule applies, modifies and excludes statutory provisions which relate to matters for which provision may be made in this Order.

Highways Act 1980

2

• (1) Section 141 of the Highways Act 1980 (restriction on planting trees etc. in or near carriageway) shall not apply to any tree or shrub planted in the course of the authorised project before completion of construction.

• (2) Section 167 of that Act (powers relating to retaining walls near streets) shall not apply in relation to—

• (a) the erection of a wall in the course of the authorised project before completion of construction, or

• (b) a wall on land on which works are being carried out, or are to be carried out, in pursuance of the authorised project before completion of construction.

• (3) Sections 169(1), 172 and 173 of that Act (control of scaffolding on highways, hoardings to be set up during building etc, and hoardings to be securely erected) shall not apply to anything done in the course of the authorised project before completion of construction.

Building Act 1984

3

Nothing in Part 1 of the Building Act 1984 with respect to building regulations, and nothing in any building regulations, shall apply in relation to a building used, or intended for use, by the undertaker for the purposes of the authorised project before completion of construction.

New Roads and Street Works Act 1991

4

• (1) The powers conferred by section 56(1) and (1A) of the New Roads and Street Works Act 1991 (powers to give directions as to the timing of proposed and subsisting street works) shall not apply in relation to the authorised project.

• (2) Section 56A of that Act (power to give directions as to placing of apparatus) shall not apply in relation to the placing of apparatus in the course of the authorised project.

• (3) No restriction under section 58(1) of that Act (power to impose restriction on execution of street works in the twelve months following completion of substantial road works) shall have effect in relation to the authorised project.

• (4) Section 61(1) of that Act (under which the consent of the street authority is required for the placing of apparatus in a protected street) shall not apply to the placing of apparatus in the course of the authorised project.

• (5) Section 62(2) of that Act (power following designation of protected street to require removal or repositioning of apparatus already placed in the street) shall not apply in relation to apparatus placed in the course of the authorised project.

• (6) Section 62(4) of that Act (power when designation as protected street commences or ceases to give directions with respect to works in progress) shall not apply in relation to the authorised project.

• (7) Section 63(1) of that Act (under which Schedule 4 to that Act has effect for requiring the settlement of a plan and section of street works to be executed in a street designated by the street authority as having special engineering difficulties) shall not apply in relation to the authorised project.

• (8) The powers conferred by section 73A(1) and 78A(1) of that Act (requirements for undertaker to re-surface street) may not be exercised in relation to the authorised project.

• (9) Sections 74 and 74A of that Act (charge for occupation of the highway and charge determined by reference to duration of works) shall not apply in relation to the authorised project.

• (10) Schedule 3A to that Act (restriction on works following substantial street works) shall not apply where a notice under section 54 (advance notice of certain works) or 55 (notice of starting date of works) of that Act is in respect of the authorised project.

• (11) No notice under paragraph 2(1)(d) of that Schedule (power by notice to require notification of works which an undertaker proposes to carry out in a part of a highway to which a proposed restriction applies) shall have effect to require the notification of works proposed to be carried out in the course of the authorised project.

• (12) No directions under paragraph 3 of that Schedule (directions as to the date on which undertakers may begin to execute proposed works) may be issued to the undertaker.

• (13) Paragraph 3(4) of that Schedule (under which it is an offence for an undertaker to execute street works before the completion of certain other street works) shall not apply in relation to the execution of works in the course of the authorised project.

• (14) Paragraph 5(1) of that Schedule (effect of direction under paragraph 4 restricting further works) shall not apply in relation to the execution of works in the course of the authorised project.

Water Industry Act 1991

5

Section 106(8) of the Water Industry Act 1991 (which qualifies the general right to communicate with the public sewers of a sewerage undertaker) shall not apply in relation to the authorised project.

Party Wall etc. Act 1996

6

• (1) No notice under section 1(2) or (5) of the Party Wall etc. Act 1996 (notice before building on line of junction with adjoining land) shall be required before the building of any wall in the course of the authorised project before completion of construction.

• (2) Sections 1(6) and 2 of the Party Wall etc. Act 1996 (rights of adjoining owners) shall not have effect to confer rights in relation to—

• (a) anything used, or intended to be used, by the undertaker for the purposes of the authorised project before completion of construction, or

• (b) land on which there is any such thing.

• (3) Section 6 of the Party Wall etc. Act 1996 (underpinning of adjoining buildings) shall not apply in relation to a proposal to excavate, or excavate for and erect anything, in the course of the authorised project before completion of construction.

Planning Act 2008 - Application of the 2010 Regulations (Community Infrastructure Levy)

7

Notwithstanding the provisions of section 208 of the 2008 Act, for the purposes of regulation 6 of the Community Infrastructure Levy Regulations 2010 any building comprised in the authorised development shall be deemed to be

• (a) a building into which people do not normally go; or

• (b) a building into which people go only intermittently for the purpose of inspecting or maintaining fixed plant or machinery.

Local Government (Miscellaneous Provisions) Act 1976

8

Section 42 of The Local Government (Miscellaneous Provisions) Act 1976 (certain future local Acts, etc., to be subject to the planning enactments, etc., except as otherwise provided) shall not apply to the extent that it would make provisions of this Order authorising the authorised project subject to other provisions.

Town and Country Planning Act 1990

9

• (1) No order, notice or regulation under the Town and Country Planning Act 1990 in relation to the preservation of trees, shall have effect in relation to the authorised project.

• (2) Sections 238 and 239 of that Act (consecrated land and burial grounds) shall apply—

• (a) in relation to land, other than a right over land, acquired for the purposes of the authorised project (whether or not by agreement), so as to permit use by the undertaker in accordance with the provisions of this Order; and

• (b) in relation to a right over land so acquired (whether or not by agreement), or the temporary use of land pursuant to articles 35 (temporary use of land for carrying out the authorised project) and 36 (temporary use of land for maintaining authorised project), so as to permit the exercise of that right or the temporary use by the undertaker in accordance with the provisions of this Order, without prejudice to the status of the land over which the right is exercised as consecrated land.

• (3) For the purposes only of Section 106 (1) of that Act the undertaker shall be deemed to be a person interested in the Order Land or any part of it and for the avoidance of doubt Section 106(3)(a) shall include any transferee under Article 9 of this Order.

Coast Protection Act 1949

10

• (1) The following provisions of the Coast Protection Act 1949 shall not apply to the authorised project.

• (2) Those provisions are—

• (a) section 16(1) (consent of coast protection authority required for carrying out coast protection work), and

• (b) section 18(1) (prohibition of excavation or removal of materials from seashore).

Flood and Water Management Act 2010

11

Section 30 and Schedule 1 of the Flood and Water Management Act 2010 shall not apply in relation to the authorised project.

National Parks and Access to Countryside Act 1949

12

Sections 51, 52 and 55 (general provisions as to long-distance routes, approval of proposals relating to long-distance routes, variation of approved proposals) of the National Parks and Access to Countryside Act 1949 shall not apply in relation to the authorised project.

Control of Pollution Act 1974

13

• (1) Where a local authority is acting further to Section 60(4) of the Control of Pollution Act 1974 in relation to the construction of the authorised project and works before completion of construction then that local authority shall also have regard to the noise levels referred to in the Environmental Statement for each construction site and the principles of the Code of Construction Practice.

• (2) Sections 60(7) and 61(7) of the Control of Pollution Act 1974 shall not apply in relation to the authorised project.

• (3) Underground tunnelling works shall be regulated by Sections 60 and 61 of the Control of Pollution Act 1974.

PART 2 — LOCAL LEGISLATION

Year	Chapter	Short Title
1803	cxxxi	Deptford Creek Bridge Act 1803
1809	cxlii	Vauxhall Bridge Act 1809
1818	xxviii	Waterloo Bridge and Approaches and Surrey New Roads Act 1818
1820	xlix	Southwark Bridge Act 1820
1825	cxviii	South London Docks Act 1825
1827	xxx	London Bridge Act 1827
1828	cxvi	London Docks Act 1828
1836	cxxxiii	Hungerford Market Foot Bridge Act 1836
1848	clxiii	City of London Sewers Act 1848
1850	cxii	Westminster Bridge Act 1850
1853	cvi	London Docks Act 1853
1858	cxviii	Victoria Station and Pimlico Railway Act 1858
1859	lxxxi	Charing Cross Railway Act 1859
1860	cxlvii	Hungerford Market and Charing Cross Bridge Act 1860
1861	cxvii	Lambeth Bridge Act 1861
1863	lxii	Blackfriars Bridge Act 1863
1863	ccxi	Putney and Fulham Bridge Act 1863
1863	xlvi	Queens Road Battersea Extension Act 1863
1864	ccxxxv	Albert Bridge Act 1864
1864	ccxxxviii	Wandsworth Bridge Act 1864
1865	cxcii	Fulham Railway Act 1865
1865	ccclxv	Regents Canal (Limehouse Basin) Act 1865
1867	iii	Blackfriars and Southwark Bridges Act 1867
1867	cci	Wandsworth Bridge Act 1867
1867	ccii	Fulham Railway Act 1867
1868	cxxxv	Thames Embankment (Chelsea) Act 1868
1873	xcvii	Albert Bridge Act 1873
1873	c	Charing Cross and Victoria Embankment Approach Act 1873
1879	cxcviii	Metropolis Management (Thames River Prevention of Floods) Amendment Act 1879
1881	cxcii	Metropolitan Bridges Act 1881
1882	lvi	Metropolis Board of Works (Various Powers) Act 1882
1885	cxcv	Corporation of London (Tower Bridge) Act 1885
1900	ccxix	Thames Tunnel ( Rotherhithe and Ratcliff) Act 1900
1907	clxxv	London County Council (General Powers) Act 1907
1911	lxxxiv	City of London (Various Powers) Act 1911
1911	cxx	Corporation of London (Bridges) Act 1911
1912	xlvii	Wandsworth Wimbledon and Epsom District Gas Act 1912
1920	clxxiii	Port of London (Consolidation) Act 1920
1924	lxvii	London County Council (Lambeth Bridge) Act 1924
1926	vii	City of London (Various Powers) Act 1926
1937	xlv	City of London (Various Powers) Act 1937
1954	xxvii	City of London (Various Powers) Act 1954
1957	xxxv	London County Council (General Powers) Act 1957
1961	xxviii	City of London (Various Powers) Act 1961
1961	xliii	London County Council (General Powers) Act 1961
1962	xlv	London County Council (General Powers) Act 1962
1963	xxxiv	City of London (Various Powers) Act 1963
1965	xxxix	City of London (Various Powers) Act 1965
1967	i	London Bridge Act 1967
1967	xlii	City of London (Various Powers) Act 1967
1968	xxxii	Port of London Act 1968 (sections 66 to 75 inclusive) (save for maintenance dredging)
1970	lxxvi	Greater London Council (General Powers) Act 1970
1972	xlv	Thames Barrier Flood Prevention Act 1972
1977	xv	City of London (Various Powers) Act 1977
1981		Thames Region Land Drainage bylaws 1981
1987	xv	City of London (Various Powers) Act 1987
2013	vii	City of London (Various Powers) Act 2013

Signed

Elizabeth Truss — Secretary of State — Department for Environment, Food and Rural Affairs — 3rd September 2014

Eric Pickles — Secretary of State — Department for Communities and Local Government — 3rd September 2014

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order authorises Thames Water Utilities Limited (referred to in this Order as the undertaker) to construct and operate the Thames Tideway Tunnel and associated infrastructure in London.

The Order would permit the undertaker to acquire, compulsorily or by agreement, land and rights in land and to use land for this purpose. The Order also makes provision in connection with the maintenance of the project.

A copy of the Order plans and the book of reference mentioned in this Order and certified in accordance with article 61 of this Order (certification of plans, etc.) may be inspected free of charge during working hours at the offices of each relevant planning authority.

Footnotes

[^f00001]: 2008 c.29.

[^f00002]: SI 2009/2264.