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

Nothing in this part of this Schedule shall affect the provisions of any enactment or agreement regulating the relations between the promoter and an undertaker in respect of any apparatus laid or erected in land belonging to the promoter on the date on which this Order is made.

Co-operation

11

Where in consequence of the proposed construction of any of the authorised development, the promoter or an undertaker requires the removal of apparatus under paragraph 7(2) or a specified undertaker makes requirements for the protection or alteration of apparatus under paragraph 9(2), the promoter shall use its best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development and each specified undertaker shall use its best endeavours to co-operate with the undertaker for that purpose.

Access

12

If in consequence of the exercise of the powers of this Order the access to any apparatus is materially obstructed, the promoter shall provide such alternative means of access to such apparatus as will, so far as reasonably practicable, enable the undertaker to maintain or use the apparatus no less effectively than was possible before such obstruction.

Arbitration

13

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

PART 2 — THE PORT OF LONDON AUTHORITY

1

The provisions of this Part of this Schedule shall, unless otherwise agreed in writing between the undertaker and the Port of London Authority, have effect for the protection of the Port of London Authority.

2

The construction or carrying out of any tidal work is not subject to any of the controls in sections 66-75 of the 1968 Act.

Definitions

3

In this Part of this Schedule—

• “the 1968 Act” means the Port of London Act 1968;

• “detailed submission programme” means a programme setting out the anticipated dates for submissions seeking approval of detailed design of tidal works under paragraph 4;

• “navigational risk assessment” means assessment of any potential risk of the tidal works at each site, and shall contain the following information: existing navigational features including extent of authorised channels, existing navigational structures and constraints; tidal characteristics; existing river uses; general navigational arrangements; existing site specific issues; existing navigational risks; proposed navigational strategies; delivery schedules; and such other details as agreed between the undertaker and the Authority;

• “permanent work” means any work or structure forming part of the authorised development that is required for the construction and operation of the authorised project that is on, in, under or over the surface of the land below the level of mean high water springs forming part of the river;

• “plans and sections” includes sections, elevations, drawings, calculations, specifications, programmes, method statements, assessments of navigational risk and hydraulic information relating to the construction, carrying out and, where appropriate, removal of any tidal work;

• “scour and accretion monitoring and mitigation strategy” means a scour and accretion monitoring and mitigation strategy for the tidal works to be submitted to the Authority including, but not limited to, results and clarification of existing and further works, and the extent, frequency, and form of the monitoring and mitigation for scour and accretion;

• “scour and accretion monitoring and mitigation plan” means a plan prepared in accordance with paragraph 17;

• “site” means Putney Embankment Foreshore, Carnwath Road Riverside, Dormay Street, Cremorne Wharf Depot, Chelsea Embankment Foreshore, Kirtling Street, Heathwall Pumping Station, Albert Embankment Foreshore, Victoria Embankment Foreshore, Blackfriars Bridge Foreshore, Chambers Wharf, Greenwich Pumping Station and King Edward Memorial Park Foreshore, Abbey Mills or any of them;

• “specified day” means, in relation to any tidal work, the business day on which plans and sections of that work are received by the Authority under paragraph 5(1);

• “temporary work” means any work or structure forming part of the authorised development that is not required for the operation of the authorised project and which is on, in, under or over the surface of the land below the level of mean high water springs forming part of the river;

• “tidal work” means any permanent or temporary work or operation excluding any tunnelling works, constructed or carried out under this order that is, or may be on, in, under or over the surface of land below mean high water level forming part of the river, including any projection over the river outside the order limits by booms, cranes and similar plant or machinery, whether or not they are situated within the order limits; the placing or maintenance of apparatus, plant or equipment; any survey or monitoring works undertaken pursuant to article 22 (authority to survey and investigate land) or maintenance works undertaken pursuant to article 36 (temporary use of land for maintaining authorised project) which would if not for the provisions of this order require a licence pursuant to section 66 of the 1968 Act; any such work or operation (including any suspension or extinguishment of public rights of navigation under article 47 (public rights of navigation)) that affects the river or any function of the Authority, whether or not that work or operation is in, over or under the river, but does not include maintenance dredging; and

• “tunnelling works” means works 1a to 1d, 3b, 4b, 5b, 7, 10b, 11b, 12b, 14b, 15b, 16b and 20 so far as these works are under the river.

Time limits

4

• (1) The time limits for which this Part of this Schedule provides are subject to the provisions of this paragraph.

• (2) The undertaker shall submit the detailed submission programme to the Authority for comment.

• (3) If, by reason of the number or complexity of the submissions anticipated in the detailed submission programme, the Authority (acting reasonably) is of the view that it could not, while continuing to perform its statutory functions without interruption, comply with any time limit for which this Part of the Schedule provides, the Authority will notify the undertaker in writing within 15 business days of receiving the detailed submission programme.

• (4) A notice given under paragraph 4(3) shall include the Authority’s reasonable estimate of the time required for it to deal with the submission or submissions identified pursuant to paragraph 4(3), such an estimate not to exceed 65 business days from the anticipated date of receipt of the relevant submission as identified in the detailed submission programme, and the Authority shall thereafter determine such a submission within the estimate included in its notice given pursuant to this paragraph.

Tidal works: approval of detailed design

5

• (1) Before—

• (a) commencing the construction or carrying out of a tidal work; or

• (b) commencing any operation for the maintenance of a tidal work,

the undertaker shall submit to the Authority plans and sections of the tidal work, a scour and accretion monitoring and mitigation plan relating to the tidal work, a navigational risk assessment, its proposals for any lighting and laying down of buoys to secure the navigational safety of the river in the vicinity of the proposed tidal works (including any area over which public rights of navigation have been suspended) and such further particulars as the Authority may reasonably require.

• (2) A tidal work shall not be constructed, carried out or maintained except in accordance with plans and sections approved in writing by the Authority under this paragraph or determined under paragraph 24.

• (3) Any approval of the Authority required under this paragraph shall not be unreasonably withheld but may be given subject to such reasonable conditions as the Authority may make for the protection of—

• (a) traffic in, or the flow or regime of, the river;

• (b) the use of its operational land or the river for the purposes of performing its functions; or

• (c) the performance of any of its functions connected with environmental protection.

• (4) Conditions made under paragraph 5(3) may include conditions as to—

• (a) the proposed location of any temporary work and its dimensions;

• (b) the length of time that any temporary work may be kept in place;

• (c) the removal of any temporary work and the undertaking by the undertaker of any related work or operation that the Authority considers to be necessary for the purpose of removing or preventing any obstruction to navigation;

• (d) the relocation, provision and maintenance of works (other than tidal works), moorings, apparatus and equipment necessitated by the tidal work; and

• (e) the expiry of the approval if the undertaker does not commence construction or carrying out of the approved tidal work within a prescribed period.

• (5) Subject to paragraph 5(6) and paragraph 5(7), an application for approval under this paragraph shall be deemed to have been refused if it is neither given nor refused within 35 business days of the specified day.

• (6) An approval of the Authority under this paragraph shall not be deemed to have been unreasonably withheld if approval within the time limit specified by paragraph 5(5) has not been given pending the outcome of any consultation on the approval in question that the Authority is obliged to carry out in the proper exercise of its functions.

• (7) In the event that the Authority requires further information pursuant to paragraph 5(1), then the Authority shall determine the submission submitted pursuant to paragraph 5(1) as soon as reasonably practicable, but in any event no later than 65 business days from the specified day.

• (8) An approval of the Authority under this paragraph is evidence that the plans and sections to which the approval relates have been approved only as affecting the Authority, the Authority’s functions and the River in relation to those functions, and does not imply approval or endorsement of the plans and sections for any other purpose.

Public rights of navigation

6

• (1) The undertaker shall serve notice on the Authority under Article 47(3) not later than 20 business days prior to the proposed commencement date of any suspension or extinguishment of the public rights of navigation.

• (2) Any such notice shall provide details (or in the case of a consent notice, proposed details) of the suspension or extinguishment including particulars of:

• (a) commencement date;

• (b) duration; and

• (c) the affected area

and in the case of a consent notice shall include an explanation of the need for the proposed closure.

• (3) Any suspension of the public rights of navigation under article 47(2) shall not take place except in accordance with approval in writing by the Authority and any conditions imposed by the Authority under this paragraph or determined under paragraph 24.

• (4) The Authority may in relation to any consent notice impose reasonable conditions for any purpose described in paragraph 6(3).

• (5) Conditions imposed under paragraph 6(4) may include conditions as to–

• (a) the limits of any area subject to a temporary suspension of public rights of navigation;

• (b) the duration of any temporary suspension;

• (c) the means of marking or otherwise providing warning in the river of any area affected by a temporary suspension or permanent extinguishment of public rights of navigation; and

• (d) the use by the undertaker of the area subject to any temporary suspension so as not to interfere with any other part of the river or affect its use.

• (6) For the purposes of Article 47(4) the Authority shall issue its notice to mariners:-

• (a) in relation to a temporary suspension or permanent extinguishment under article 47(1) within 15 business days of receipt of the undertaker’s notice served pursuant to paragraph 6(1);

• (b) in relation to a temporary suspension under Article 47(2) within 15 business days of consent to the suspension being given by the Authority or determined pursuant to paragraph 24.

• (7) Sub-paragraphs (5), (6) and (7) of paragraph 5 apply to any application for consent made by the undertaker under Article 47(2).

• (8) In this paragraph “consent notice” means a notice relating to temporary suspension requiring consent under Article 47(2).

General provision as to construction of works including inspection

7

The construction or carrying out of any tidal work shall, once commenced, be carried out by the undertaker with all reasonable dispatch and to the reasonable satisfaction of the Authority so that river traffic, the flow or regime of the river and the exercise of the Authority’s functions shall not suffer more interference than is reasonably practicable, and the Authority shall be entitled by its officer at all reasonable times, on giving such notice as may be reasonable in the circumstances, to inspect and survey such operations.

Works to river banks

8

The undertaker shall not, in exercise of the powers conferred by article 19 (discharge of water), damage or interfere with the beds or banks of any watercourse forming part of the river unless such damage or interference is approved (or determined under paragraph 24) as a tidal work or is otherwise approved in writing by the Authority.

Discharges etc.

9

• (1) The undertaker shall not without the consent of the Authority—

• (a) deposit in or allow to fall or be washed into the river any gravel, soil or other material;

• (b) discharge or allow to escape either directly or indirectly into the river any offensive or injurious matter in suspension or otherwise; or

• (c) directly or indirectly discharge any water into the river.

• (2) Any consent of the Authority under this paragraph shall not be unreasonably withheld but may be given subject to such terms and conditions as the Authority may reasonably impose.

• (3) Any such consent shall be deemed to have been given if it is neither given nor refused (or is refused but without an indication of the grounds for refusal) within 5 business days of the day on which the request for consent is submitted under paragraph 9(1).

• (4) Article 19 (discharge of water) has effect subject to this paragraph.

Navigational lights, buoys, etc

10

• (1) The undertaker shall, at or near any tidal work, and any other work below mean high water level of which the undertaker is in possession, exhibit such lights, lay down such buoys and take such other steps for preventing danger to navigation as the Authority may from time to time reasonably require.

• (2) The Authority shall give the undertaker not less than 20 business days written notice of a requirement under paragraph 10(1) except in the case of emergency when the Authority shall give such notice as is reasonably practicable.

• (3) Without prejudice to section 133 of the 1968 Act (Lights detrimental to navigation), the undertaker shall comply with the directions of the Harbour Master from time to time with regard to the lighting on the tidal works, or the screening of such lighting, so as to ensure that it is not a hazard to navigation on the river.

Removal etc of the Authority’s moorings and buoys

11

• (1) Subject to paragraph 11(2), if by reason of the construction of any tidal work it is reasonably necessary for the Authority to incur the cost of—

• (a) temporarily or permanently altering, removing, re-siting, repositioning or reinstating existing moorings or aids to navigation (including navigation marks or lights) owned by the Authority;

• (b) laying down and removing substituted moorings or buoys; or

• (c) carrying out dredging operations for any such purpose;

not being costs which it would have incurred for any other reason, the undertaker shall pay the costs reasonably so incurred by the Authority.

• (2) The Authority shall give to the undertaker not less than 20 business days’ notice of its intention to incur such costs, and take into account any representations which the undertaker may make in response to the notice within 10 business days of the receipt of the notice.

Removal of temporary works

12

• (1) On completion of the construction or carrying out of any part of a permanent work, authorised by this Order the undertaker shall as soon as practicable remove—

• (a) any temporary work carried out only for the purposes of that part of the permanent work; and

• (b) any materials, plant and equipment used for such construction or carrying out,

and shall make good the site of the permanent work to the reasonable satisfaction of the Authority.

• (2) Accordingly, on completion of the construction of the authorised development everything within the description in paragraph 12(1)(a) or (b) and relating to the authorised development shall have been removed as soon as reasonably practicable in accordance with this paragraph.

Survey of river bed

13

The undertaker shall, at its own expense, carry out the following surveys, the scope of which shall be agreed by the undertaker and the Authority—

• (a) before the commencement of construction or carrying out of the first tidal work to be commenced following approval under paragraph 5, a survey of such parts of the river as might be affected by sedimentation or scouring that might result from the construction of so much of the authorised project as would comprise tidal works if they were to be constructed, such survey being for the purpose of establishing the condition of the river at the time the survey is carried out;

• (b) before the commencement of construction or carrying out of any tidal work approved under paragraph 5, a survey of such parts of the river as might be affected by sedimentation or scouring resulting from that tidal work, such survey being for the purpose of establishing the condition of the river at the time the survey is carried out;

• (c) during the construction or carrying out of any tidal work, such surveys of the river (for the purpose of ascertaining the effect of that tidal work on the river) as are stipulated in the scour and accretion monitoring and mitigation strategy or the relevant scour and accretion monitoring and mitigation plan; and

• (d) after completion of, respectively, any tidal work and all the tidal works constructed or carried out under this Order, a survey of the completed tidal works as constructed or carried out (for the purpose of establishing the condition of the river and the effect that the tidal work or the authorised project is, or as the case may be the tidal works are, having on sedimentation or scouring, the flow and regime of the river, the navigation of the river or the protection of structures within the river or the exercise of the Authority’s functions) as are stipulated in the scour and accretion monitoring and mitigation strategy or the relevant scour and accretion monitoring and mitigation plan.

Sedimentation, etc: remedial action

14

• (1) This paragraph applies if any part of the river has become or is likely to become subject to sedimentation, scouring or other changes in the flow or regime of the river which—

• (a) is wholly or partly caused by a tidal work during the period beginning with the commencement of construction of the tidal work and (subject to sub-paragraph (4)) ending with the expiration of 6 years after the date of completion of all the tidal works comprised in the authorised project; and

• (b) for the safety of navigation or for the protection of any works in the river, should in the reasonable opinion of the Authority be removed or made good.

• (2) The undertaker shall either—

• (a) pay to the Authority any additional expense to which the Authority may reasonably be put in dredging the river to remove the sedimentation or in making good the scouring so far as (in either case) it is attributable to the tidal work; or

• (b) carry out the necessary dredging or work to make good the scouring at its own expense and subject to the prior approval of the Authority which may be subject to reasonable conditions but which may not be unreasonably withheld or delayed;

and the expenses payable by the undertaker under this paragraph include any additional expenses accrued or incurred by the Authority in carrying out surveys or studies which may be agreed with the undertaker in connection with the implementation of this paragraph.

• (3) The Authority may serve notice on the undertaker before the expiration of 6 years after the date of completion of all the tidal works comprised in the authorised project stating that in the opinion of the Authority the river or any part of it may become subject to sedimentation, scouring or other changes in the flow or regime of the river after the expiry of the said six year period. Any such notice shall specify the additional period for protection (which cannot exceed a period of 10 years after the date of completion of all the tidal works comprised in the authorised project) and the Authority’s case for requiring this.

• (4) On receipt of any notice the undertaker may serve a counter-notice within 15 business days beginning on the day the notice was received such notice to include details of the undertaker’s objection to the Authority’s notice or any conditions it may wish to impose on compliance by the undertaker with the Authority’s notice.

• (5) In the event that the Authority and the undertaker cannot agree the matters raised in the Authority’s notice and the undertaker’s counter-notice within two months from the service of the undertaker’s counter-notice either party may refer the matter to arbitration under paragraph 24.

• (6) If the undertaker fails to serve a counter-notice or if it serves a counter-notice and the matter is either agreed between the Authority and the undertaker or determined pursuant to paragraph 14(5) then the provisions of paragraph 14(1) and (2) shall apply during such additional period as specified in the Authority’s notice or as may be agreed or determined pursuant to paragraph 14(5).

Protective action

15

• (1) If any tidal work is constructed or carried out—

• (a) otherwise than in accordance with the requirements of this Part of this Schedule or with any condition in an approval given pursuant to paragraph 5; or

• (b) during construction is found (when measured against any of the surveys carried out under paragraph 13(1)(a) and (b)) to give rise to sedimentation or scouring that is detrimental to traffic in, or the flow or regime of, the river,

then the Authority may by notice in writing require the undertaker at its own expense to comply with the remedial requirements specified in the notice.

• (2) The requirements that may be specified in a notice given under paragraph 15(1) are—

• (a) in the case of a tidal work to which paragraph 15(1)(a) applies, such requirements as may be specified in the notice for the purpose of giving effect to the requirements of—

• (i) this Part of this Schedule; or

• (ii) the condition that has been breached; or

• (b) in any case within paragraph 15(1)(b), such requirements as may be specified in the notice for the purpose of preventing, mitigating or making good the sedimentation or scouring, so far as required by the needs of traffic in, or the flow or regime of, the river.

• (3) If the undertaker does not comply with a notice under paragraph 15(1), or is unable to do so then the Authority may in writing require the undertaker to—–

• (a) remove, or alter the tidal work, and where the tidal work is removed to restore the site of that work (to such extent as the Authority reasonably requires) to its former condition; or

• (b) take such other action as the Authority may reasonably specify for the purpose of remedying the non-compliance to which the notice relates.

• (4) If—

• (a) the undertaker becomes aware that a tidal work is giving rise to environmental impacts over and above those reported in the environmental statement; or

• (b) the Authority becomes aware that any tidal work is causing an environmental impact over and above those anticipated by the environmental statement and the Authority notifies the undertaker of that environmental impact, the reasons why the Authority believes that the environmental impact is being caused by a tidal work and of the measures that the Authority reasonably believes are necessary to counter or mitigate that environmental impact,

the undertaker shall implement the measures that the Authority has notified to the undertaker or shall implement such other measures as agreed between the undertaker and the Authority.

Obstruction in the river

16

• (1) If any pile, stump or other obstruction to navigation becomes exposed as a result of constructing any tidal work (other than a pile, stump or other obstruction on the site of a structure comprised in any permanent work), the undertaker shall, as soon as reasonably practicable after the receipt of notice in writing from the Authority requiring such action, remove it from the river or, if it is not reasonably practicable to remove it—

• (a) cut the obstruction off at such level below the bed of the river as the Authority may reasonably direct; or

• (b) take such other steps to make the obstruction safe as the Authority may reasonably require.

• (2) If after such reasonable period as may be specified in a notice under this paragraph the undertaker has failed to begin taking steps to comply with the requirements of the notice, or after beginning has failed to make reasonably expeditious progress towards their implementation, the Authority may carry out the works specified in the notice and any expenditure reasonably incurred by it in so doing shall be recoverable from the undertaker.

Scour monitoring and mitigation

17

• (1) The undertaker shall submit a scour and accretion monitoring and mitigation strategy to the Authority for approval, such determination to be given—

• (a) by 30th September 2014; or

• (b) within 5 business days of this Order coming into force; or

• (c) by the expiry of 20 business days from receipt of the submission made under this paragraph,

whichever is the latest.

• (2) Prior to the commencement of any tidal work, a scour and accretion monitoring and mitigation plan for that tidal work shall be prepared by the undertaker in accordance with the scour and accretion monitoring and mitigation strategy approved under paragraph 17(1) or otherwise determined, and the scour and accretion monitoring and mitigation plan shall be submitted to the Authority for approval within 35 business days of the specified day.

• (3) Following any submission of a scour and accretion monitoring and mitigation plan under paragraph 17(2), the approval process in paragraph 5 shall apply to such submission as if it were a submission under paragraph 5(1) and the “specified day” shall be the first business day on which such submission is received by the Authority under paragraph 17(2).

• (4) The carrying out of any tidal work shall proceed only in accordance with the scour and accretion monitoring and mitigation plan as approved by the Authority under paragraph 17(2).

Abandoned or Decayed Works

18

• (1) If any tidal work or any other work of which the undertaker is in possession in exercise of any of the powers of this order (being a work which is below mean high water level) is abandoned or falls into decay, the Authority may by notice in writing require the undertaker to take such reasonable steps as may be specified in the notice either—

• (a) to repair or restore the work, or any part of it; or,

• (b) to remove the work and (to such extent as the Authority reasonably requires) to restore the site of the work to its former condition.

• (2) If any tidal work is in such condition that it is, or is likely to become, a danger to or an interference with navigation in the river, the Authority may by notice in writing require the undertaker to take such reasonable steps as may be specified in the notice either—

• (a) to repair and restore the work or part of it; or

• (b) if the undertaker so elects, to remove the tidal work and (to such extent as the Authority reasonably requires) to restore the site of the work to its former condition.

• (3) If after such reasonable period as may be specified in a notice under this paragraph the undertaker has failed to begin taking steps to comply with the requirements of the notice, or after beginning has failed to make reasonably expeditious progress towards their implementation, the Authority may carry out the works specified in the notice and any expenditure reasonably incurred by it in so doing shall be recoverable from the undertaker.

Permanent works where land not acquired

19

• (1) Notwithstanding any rule of law, any permanent work that is constructed in, on under or over land that is not acquired by the undertaker shall remain vested in the undertaker and shall not be annexed to the land.

• (2) The Authority will grant to the undertaker a licence under section 66 of the 1968 Act in respect of any work to which sub-paragraph (1) applies.

Facilities for navigation

20

• (1) The undertaker shall not in the exercise of the powers granted by this order interfere with any marks, lights or other navigational aids in the river without the agreement of the Authority, and shall ensure that access to such aids remains available during and following construction of any tidal works.

• (2) The undertaker shall at any tidal works provide, or afford, reasonable facilities (including an electricity supply) for the Authority to provide at the undertaker’s cost, from time to time, such navigational lights, signals, radar, or other apparatus for the benefit, control and direction of navigation as the Authority may deem necessary by reason of the construction or carrying out of any tidal works, and shall ensure that access remains available to apparatus during and following construction of or carrying out of such works.

Indemnities, costs and exercise of DCO powers and compensation

21

• (1) The undertaker shall be responsible for and make good to the Authority all financial costs or losses not otherwise provided for in this Part of this Schedule which may reasonably be incurred or suffered by the Authority by reason of—

• (a) the construction or operation of the authorised project or the failure of any works comprised within it;

• (b) anything done in relation to a mooring or buoy pursuant to paragraph 10; or;

• (c) any act or omission of the undertaker, its employees, contractors or agents or others whilst engaged upon the construction or operation of the authorised project or dealing with any failure of the authorised project;

• (d) and the undertaker shall indemnify the Authority from and against all claims and demands arising out of or in connection with the authorised project or any such failure, act or omission.

• (2) The fact that any act or thing may have been done—

• (a) by the Authority on behalf of the undertaker; or

• (b) by the undertaker, its employees, contractors or agents in accordance with plans or particulars submitted to or modifications or conditions specified by the Authority, or in a manner approved by the Authority, or under its supervision or the supervision of its duly authorised representative;

shall not (if it was done or required without negligence on the part of the Authority or its duly authorised representative, employee, contractor or agent) excuse the undertaker from liability under the provisions of this paragraph.

• (3) In complying with the indemnity provisions pursuant to this paragraph the undertaker’s liability shall either be limited to a sum to be agreed between the parties or unlimited.

• (4) The Authority shall give the undertaker reasonable notice of any such claim or demand as is referred to in sub-paragraph (1), and no settlement or compromise of any such claim or demand shall be made without the prior consent of the undertaker.

Maintenance dredging

22

For the avoidance of doubt, section 73 of the 1968 Act shall apply to any maintenance dredging carried out by the undertaker.

Notifications

23

• (1) The undertaker shall serve notice in writing of any transfer made pursuant to Article 9 upon the Authority together with a copy of the instrument or deed effecting such transfer within 10 business days of any such transfer.

• (2) The undertaker shall serve a copy of its application to discharge requirement PW4 in the Order upon the Authority within 10 business days of the submission of such application.

• (3) The undertaker shall inform the Authority in writing of the intended start date and the likely duration of tidal works on a site at least 10 business days prior to the commencement of the first tidal work on that site.

• (4) The undertaker shall serve notice in writing specifying the details of the vertical and horizontal alignment of any tunnelling works at least 10 business days prior to the carrying out of the tunnelling works to which the notice relates.

• (5) Not less than 3 months after the completion of construction of any tidal work or any tunnelling works in the river the undertaker shall provide to the Authority plans and sections of the work as constructed.

Disputes

24

Any dispute arising between the undertaker and the Authority under this Part of this Schedule shall be determined by arbitration in accordance with article 63 (arbitration) unless otherwise agreed in writing by the undertaker and the Authority.

PART 3 — THE ENVIRONMENT AGENCY

1

The following provisions shall apply for the protection of the Environment Agency (in this schedule referred to as “the Agency”).

2

The requirement for consent under Section 109 of the Water Resources Act and Thames Region Land Drainage bylaws 1981 (made pursuant to Section 34 of the Land Drainage Act 1976) shall not be required for the authorised development subject to the conditions contained in this Schedule.

Definitions

3

In this Schedule—

• “authorised project work” means any work forming part of the authorised project;

• “baseline monitoring” means any surveys carried out to determine and establish movements of the flood defences due to factors external to the authorised project including but not limited to seasonal variations or diurnal impacts due to tide or temperature;

• “CEMP” means the construction environment management plan to be produced for each site in accordance with the CoCP;

• “COCP” means the Code of Construction Practice Part A— General Requirements (document reference number APP205.01) or the Code of Construction Practice Part B— Site Specific Requirements (document reference number APP178.03 to APP178.49); “construction” includes execution, placing, altering, replacing, relaying, removal and excavation and “construct” and “constructed” shall be construed accordingly; “damage” includes but is not limited to scouring, erosion, loss of structural integrity and environmental damage to the drainage work or any flora or fauna dependent on the aquatic environment and “damaged” shall be construed accordingly;

• “detailed designs” means any information submitted under paragraph 5(1)a-l;

• “drainage work” means any main river and any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage, flood defence or tidal monitoring or flood storage capacity;

• “engineering report” means a report of the structural condition of a flood defence as set out in paragraph 4(1);

• “ecological enhancements” means the inclusion of any features integral to or adjacent to the foreshore structures and any new, modified, or replaced flood defences that can support wildlife. This includes, but is not limited to, where practicable, the set back of flood defences to provide inter-tidal habitat and the creation of shelters for juvenile fish;

• “environmental duties” means the Agency’s duties in the Environment Act, the Natural Environment and Rural Communities Act 2006 and the Water Environment (Water Framework Directive)(England and Wales) Regulations 2003 (SI 2003 no 3242);

• “fishery” means any waters containing fish, and fish in or migrating to or from such waters and the spawn, spawning grounds or food for such fish;

• “flood defences” means any bank, wall, embankment, bridge abutments, lock gates or other structure or any appliance (including any supporting anchorage system) that fulfils a function of preventing, or reducing the risk of, flooding to land or property;

• “flood defence monitoring plan” means a flood defence monitoring plan prepared in accordance with paragraph 4(2);

• “flood defence movement and settlement mitigation plan” means a flood defence movement and settlement mitigation plan prepared in accordance with paragraph 4(5);

• “flood storage capacity” means any land, which, taking account of flood defences, is expected to provide flood storage capacity for any main river;

• “flood defences likely to be impacted” means— all flood defences within the order limits; all flood defences within 16m of the order limits of any site; all flood defences within the 1mm settlement contour for the final tunnel alignment, and “likely to impact a flood defence” shall be construed accordingly;

• “flood defences likely to be significantly impacted” means those flood defences identified and agreed between the undertaker and the Agency following the submission of relevant engineering reports;

• “main river” “means all watercourses shown as such on the statutory main river maps held by the Agency and the Department of Environment, Food and Rural Affairs, including any structure or appliance for controlling or regulating the flow of water into, in or out of the channel;

• “maintenance” has the same meaning as article 2 save for the exclusion of the works of inspection;

• “protective work” means any authorised project work, or work identified pursuant to the engineering report, necessary for the protection of flood defences and to be carried out prior to the construction of any authorised project work to which the protective work relates;

• “remedial works” means any proposed mitigation or measure or measures submitted by the undertaker under paragraph 5(4) or required by the Agency under paragraph 9 or paragraph 10;

• “scour and accretion monitoring and mitigation strategy” means a scour and accretion monitoring and mitigation strategy for the specified works in the foreshore to be submitted to the Agency including, but not limited to, results and clarification of existing and further works, and the extent, frequency, and form of the monitoring and mitigation for scour and accretion;

• “scour and accretion monitoring and mitigation plan” means a plan drawn up detailing the monitoring and mitigation proposals for each specified work prepared in accordance with the scour and accretion monitoring and mitigation strategy;

• “site” means Abbey Mills, Putney Embankment Foreshore, Carnwath Road Riverside, Dormay Street, Cremorne Wharf Depot, Chelsea Embankment Foreshore, Kirtling Street, Heathwall Pumping Station, Albert Embankment Foreshore, Victoria Embankment Foreshore, Blackfriars Bridge Foreshore, Chambers Wharf, Greenwich Pumping Station and King Edward Memorial Park Foreshore, or any of them;

• “specified day” means, unless otherwise agreed in writing by the Agency and the undertaker, in relation to any specified work, maintenance work, remedial work or removal work submitted for approval under paragraph 5, the business day on which detailed designs of that work are received by the Agency under paragraph 5(1), 5(3), 5(4), or 5(5) and for the avoidance of doubt if any further information is requested by the Agency under paragraph 5(1)(l), 5(3)(d), 5(4)(d), or 5(5)(e) the specified day shall be the business day on which the Agency receives this information from the undertaker under paragraph 5;

• “specified works” means so much of any permanent or temporary work or operation excluding works of maintenance forming part of the authorised project (other than works required in an emergency) as is in, on, under or over a main river or drainage works or within 16 metres of a drainage work or is otherwise likely to— affect any drainage works or the volumetric rate of flow of water in or flowing to or from any drainage works; or affect the flow, purity or quality of water in any main river or other surface waters or ground water; or cause obstruction to the free passage of fish or damage to any fishery; or affect the conservation, distribution or use of water resources; or affect the conservation value of the main river and habitats in its immediate vicinity;

• “TE2100” means the standards associated with the strategic direction for managing flood risk across the Thames estuary, including recommendations for action in short, medium and long term time periods to take account of sea level rise and climate change, as adopted and updated at the time by the Environment Agency.

Structural integrity of flood defences

4

• (1) Prior to the carrying out of any authorised project work which is likely to impact a flood defence, the undertaker shall provide at its own expense for the approval of the Agency, a detailed engineering report of any flood defence likely to be impacted upon by that authorised project work, such engineering report to include but not be limited to—

• (a) details of the structural condition of any flood defence likely to be impacted;

• (b) the estimated remaining life expectancy of any flood defence in the control or ownership of the undertaker likely to be impacted;

• (c) the nature and extent of the predicted impacts on any flood defence;

• (d) identification of the flood defences likely to be significantly impacted based on the following criteria—

• (i) tunnelling or other construction activities comprised in the authorised project that may lead to a flood defence asset falling below the statutory defence level as agreed by the Agency;

• (ii) tunnelling or other construction activities comprised in the authorised project that may lead to an effect on the overall structural integrity of the flood defence; and

• (iii) any other criteria as the Agency may reasonably require;

• (e) the need for any protective work or protective works required to be carried out prior to the construction of that authorised project work likely to impact a flood defence, so as to ensure the structural integrity of the flood defence likely to be impacted is maintained during construction of that authorised project work;

• (f) baseline monitoring of flood defences likely to be significantly impacted unless otherwise agreed with the Agency; and

• (g) and such other information as the Agency may reasonably require,

and the relevant authorised project work shall not commence until the engineering report or reports in respect of the flood defence or defences it is likely to impact have been provided to, and approved by, the Agency.

• (2) The undertaker shall provide at its own expense in liaison with, and for the approval of, the Agency, a flood defence monitoring plan for any flood defence likely to be significantly impacted by the authorised project.

• (3) The flood defence monitoring plan shall include but not be limited to—

• (a) demonstration and justification of the spatial extent and coverage of the monitoring identified as a consequence of the baseline monitoring;

• (b) details of the proposed monitoring techniques with consideration of effects of movement in all directions, including differential movements, increases in tie rod stresses and crack and movement joint monitoring;

• (c) details of the proposed duration of monitoring and the monitoring frequencies required to establish if external factors are having an effect on readings;

• (d) details of the proposed contents of a report on the construction and operational monitoring and proposed trigger levels for associated mitigation;

• (e) trigger levels under the flood defence monitoring plan submitted pursuant to paragraph 4(2) above for associated mitigation;

• (f) proposed duration and frequency of monitoring during operational phase of the authorised project; and

• (g) such other information as the Agency may reasonably require,

• (h) and no authorised project work likely to significantly impact a flood defence shall commence until the flood defence monitoring plan for that work has been provided and approved by the Agency.

• (4) Monitoring shall be carried out in accordance with the flood defence monitoring plan as approved by the Agency or otherwise determined until—

• (a) ground movements attributable to the authorised project have ceased or the rate of settlement is less than or equal to 2mm per year; or

• (b) for a period of 1 year following the completion of construction,

whichever is the later.

• (5) The undertaker shall provide at its own expense in liaison with, and for the approval of, the Agency, a flood defence movement and settlement mitigation plan for any flood defence likely to be significantly impacted by the authorised project.

• (6) The flood defence movement and settlement mitigation plan shall include but not be limited to—

• (a) information from relevant engineering reports;

• (b) results of the monitoring carried out in accordance with the flood defence monitoring plan;

• (c) timescales to enact short, medium and long term mitigation measures to maintain the standard of flood defence and have due regard to protection of foreshore habitat;

• (d) short term mitigation and remediation measures for emergency use, including an emergency response plan;

• (e) medium term mitigation and remediation measures for use during construction works;

• (f) long term mitigation and remediation measures based on ongoing monitoring, including post construction effects;

• (g) hierarchy of mitigation and remediation measures according to the degree of settlement and movement, with full justification to why the chosen technique is appropriate;

• (h) methodologies for removal of any structures or mitigation measures;

• (i) demonstration that chosen mitigation and remediation techniques are sensitive to the foreshore habitat and hydraulic regime;

• (j) demonstration that the mitigation would not preclude options for future raising of defences and associated modification,

and the mitigation shall thereafter be carried out in accordance with the flood defence movement and settlement mitigation plan as approved by the Agency or otherwise determined.

• (7) The approval process in paragraph 5 shall apply to the submission of any plan under paragraphs 4(1), 4(2) and 4(5) as if such plan was submitted to the Agency under paragraph 5(1) and the “specified day” shall be the first business day on which submission is received by the Agency under paragraphs 4(1), 4(2) or 4(5), and paragraph 5(6)(a),(b) and (d) shall apply accordingly.

• (8) If required by the Agency the undertaker shall construct all or part of any protective works so that they are in place prior to the carrying out of any authorised project work to which they relate.

Approvals

5

• (1) Before beginning to construct any specified work, the undertaker shall submit to the Agency for its written approval in respect of the specified work concerned—

• (a) plans, calculations, cross sections, elevations, drawings, specifications and designs of the specified work together with the details of the positioning of any structure within the main river;

• (b) proposals for strengthening, modification, renewal, or replacement of any drainage work required as a result of the anticipated impacts of the specified work;

• (c) details of the materials and structural integrity of any flood defence provided as part of the specified work;

• (d) demonstration that all flood defences likely to be impacted by the specified work will be fit for purpose for the duration of construction of the specified work;

• (e) any proposed mitigation measures to minimise the impact of the specified work on any protective works to the flood defences, on the foreshore, ecologically sensitive areas and the wider environment;

• (f) details of any ecological enhancements to be incorporated into the specified work;

• (g) demonstration of how any new or reconstructed flood defences on the site of the specified work can be raised or otherwise provided on site in the future to meet TE2100 standards and that these standards can be maintained;

• (h) demonstration that both during and post construction of the specified work there will be sufficient land based access to the drainage works for plant and machinery for the Agency to carry out emergency and non-emergency maintenance and repair works;

• (i) method statements in respect of the specified work to include both timing of and methods used, sequence of construction and the type, location and storage of all machinery, materials and fuel;

• (j) piling method statement specifying type of piling technique proposed, justification of chosen method, mitigation measures and timing of piling works;

• (k) any proposals for reinstatement of the foreshore setting out timing of reinstatement works, measures to be used to minimise environmental impact of the specified work, materials to be used, methods of reinstatement and any proposed pollution protection measures;

• (l) such further particulars as the Agency may within 20 business days of the receipt of the detailed designs reasonably require.

• (2) Any such specified work shall not be constructed except in accordance with all detailed designs as may be approved in writing by the Agency under paragraph 5(1), or settled in accordance with paragraph 13 where applicable, and in accordance with any conditions or requirements specified under paragraph 5(6)(c) save that where any variation is permitted pursuant to the terms of this Order the undertaker shall submit any details so varied to the Agency.

• (3) Before commencing any maintenance works within 16 metres of a drainage work the undertaker shall submit to the Agency for its written approval—

• (a) time and duration of anticipated maintenance works;

• (b) details of equipment and machinery to be used during the construction of the maintenance works;

• (c) type, location and storage of all machinery, materials and fuel to be used during the construction of the maintenance works; and

• (d) such other information as the Agency reasonably requests.

• (4) Before commencing any remedial works, the undertaker shall submit to the Agency for its written approval—

• (a) time and duration of the anticipated remedial works;

• (b) details of equipment and machinery to be used during the remedial works;

• (c) type, location and storage of all machinery, materials and fuel to be used during the construction of the remedial works; and

• (d) such other information as the Agency reasonably requests.

• (5) Prior to removal of in-river structures including, but not limited to, the removal of the aprons of any existing outfalls made redundant by the authorised project, the undertaker shall submit to the Agency for its written approval details of the activity including—

• (a) time and duration of the works for removal;

• (b) details of equipment and machinery to be used during the works for removal;

• (c) type, location and storage of all machinery, materials and fuel;

• (d) any proposals for reinstatement of the foreshore setting out timing of reinstatement works, measures to be used to minimise environmental impact of the works, materials to be used, methods of reinstatement and any proposed pollution protection measures; and

• (e) such other information as the Agency reasonably requests.

• (6) Any approval of the Agency required under paragraphs 5(1), 5(3) 5(4) and 5(5)—

• (a) shall not be unreasonably withheld;

• (b) in the case of a refusal, accompanied by a statement of the grounds of refusal;

• (c) may be given subject to such reasonable requirements or conditions as the Agency may make for the protection of any drainage work, fishery, main river or water resources, or for the prevention of flooding or pollution or in the discharge of its environmental duties; and

• (d) shall be deemed to have been refused if it is neither given nor refused within 35 business days of the specified day unless otherwise agreed.

• (7) Without limitation on the scope of paragraph 5(6) the requirements or conditions which the Agency may make under paragraph 5(6) include conditions requiring the undertaker at its own expense to construct such protective works (including any new works as well as alterations to existing works) as are reasonably necessary—

• (a) to safeguard any drainage work or flood defence against damage; or

• (b) to secure that the efficiency or effectiveness of the drainage work for flood defence purposes is not impaired; or

• (c) to ensure the risk of flooding is not otherwise increased by reason of any specified work, maintenance work or protective work,

during the construction of or by reason of the authorised project works.

• (8) Any dispute in respect of any approval or refusal under paragraph 5 shall be subject to the dispute resolution procedure in paragraph 13.

Inspection and construction

6

• (1) All specified works shall be constructed with all reasonable despatch in accordance with the detailed designs or plans approved or settled under this part of this Schedule and to the reasonable satisfaction of the Agency.

• (2) An officer of the Agency shall be entitled to watch and inspect the construction of any specified works.

• (3) The undertaker shall give to the Agency not less than 10 business days’ notice in writing of its intention to commence construction of the specified works and notice in writing of their completion not later than 5 business days after the date on which they are completed.

• (4) If any part of a specified work is constructed otherwise than in accordance with the requirements of this Part of this Schedule, the Agency may by notice in writing require the undertaker at the undertaker’s own expense to comply with the requirements of this part of this Schedule or if the undertaker so elects (and the Agency in writing consents, such consent not to be unreasonably withheld or delayed) to remove, alter or pull down the specified work and, where removal is required, to restore the site to its former condition to such extent and within such limits as the Agency reasonably requires.

• (5) Subject to paragraph 6(6), if within a reasonable period, being not less than 28 days from the date when a notice under paragraph 6(4) is served upon the undertaker, it has failed to begin taking steps to comply with the requirements of the notice and subsequently to make reasonably expeditious progress towards their implementation, the Agency may execute the works specified in the notice and any expenditure incurred by it in so doing shall be recoverable from the undertaker.

• (6) In the event of any dispute as to whether paragraph 6(4) is properly applicable to any work in respect of which notice has been served under that paragraph, or as to the reasonableness of any requirement of such a notice, the Agency shall not except in emergency exercise the powers conferred by paragraph 6(5) until the dispute has been finally determined.

Protection of drainage works and flood defences

7

Save as may be authorised by this Order the undertaker shall not damage or obstruct any drainage works during the construction of the specified works.

Scour and accretion monitoring and mitigation

8

• (1) The undertaker shall submit a scour and accretion monitoring and mitigation strategy to the Agency for approval, such approval to be given—

• (a) by 30th September 2014; or

• (b) within 5 business days of the grant of the DCO; or

• (c) by the expiry of 20 business days from receipt of the submission made under this paragraph,

whichever is the latest.

• (2) Prior to the commencement of any specified work, a scour and accretion monitoring and mitigation plan for that specified work shall be prepared by the undertaker in accordance with the scour and accretion monitoring and mitigation strategy approved under paragraph 8(1) or otherwise determined, and the scour and accretion monitoring and mitigation plan shall be submitted to the Agency for approval within 35 business days of the specified day.

• (3) Following any submission of a scour and accretion monitoring and mitigation plan under paragraph 8(2), the approval process in paragraph 5 shall apply to such submission as if it were a submission under paragraph 5(1) and the “specified day” shall be the first business day on which such submission is received by the Agency under paragraph 8(2).

• (4) The construction of any specified work shall proceed only in accordance with the scour and accretion monitoring and mitigation plan as approved by the Agency under paragraph 8(2).

Maintenance of flood defences

9

• (1) Any work constructed under this Order for the purpose of providing a flood defence or replacing an existing flood defence shall be maintained to the reasonable satisfaction of the Agency by the person who has control of the work.

• (2) If any such work is not maintained to the reasonable satisfaction of the Agency, the Agency may by notice in writing require the person to repair and restore the work, or any part of it, or (if the person having control of the work so elects and the Agency in writing consents, such consent not to be unreasonably withheld), to remove the work and restore the site to its former condition, to such extent and within such limits as the Agency reasonably requires.

• (3) If, within a reasonable period being not less than 20 business days beginning with the date on which a notice in respect of any work is served under paragraph 9(2) on the person who has control of that work, that person has failed to begin taking steps to comply with the reasonable requirements of the notice and has not thereafter made reasonably expeditious progress towards their implementation, the Agency may do what is necessary for such compliance and may recover any expenditure reasonably incurred by it in doing so from that person.

• (4) In the event of any dispute as to the reasonableness of any requirement of a notice served under paragraph 9(2), the Agency shall not, except in a case of immediate foreseeable need, exercise the powers of paragraph 9(3) until the dispute has been finally determined.

Emergency Powers

10

• (1) If by reason of the construction of any authorised project work or the failure of any such authorised project work, the efficiency or effectiveness of any drainage work or the conservation value of the aquatic habitat is impaired, or that drainage work is otherwise damaged, so as to require remedial action, such impairment or damage shall be made good by the undertaker to the reasonable satisfaction of the Agency.

• (2) If such impaired or damaged drainage work is not made good to the reasonable satisfaction of the Agency, the Agency may by notice in writing require the undertaker to restore it to its former standard of efficiency or where necessary to construct some other work in substitution for it.

• (3) If, within a reasonable period being not less than 28 days beginning with the date on which a notice in respect of impaired or damaged drainage work is served under paragraph 10(2) on the undertaker, the undertaker has failed to begin taking steps to comply with the requirements of the notice and has not thereafter made reasonably expeditious progress towards its implementation, the Agency may do what is necessary for such compliance and may recover any expenditure reasonably incurred by it in so doing from the undertaker.

• (4) In the event of any dispute as to the reasonableness of any requirement of a notice served under paragraph 10(2), the Agency shall not except in a case of immediate foreseeable need exercise the powers conferred by paragraph 10(3) until the dispute has been finally determined in accordance with paragraph 13.

• (5) In any case where immediate action by the Agency is reasonably required in order to secure that the imminent flood risk or damage to the environment is avoided or reduced, the Agency may take such steps as are reasonable for the purpose and may recover from the undertaker the reasonable cost of so doing provided that the notice specifying those steps is served on the undertaker as soon as it is reasonably practicable after the Agency has taken or commence to take the steps specified in the notice.

Approval of Construction Environment Management Plan

11

• (1) Prior to the construction of any authorised project work, the undertaker shall submit the following plans to the Agency—

• (a) pollution incident response plan;

• (b) emergency preparedness plan;

• (c) water management plan;

• (d) ecology and landscape management plan,

such plans forming part of the CEMP and prepared pursuant to the CoCP, and the undertaker shall thereafter provide any revisions or updates of such plans to the Agency for approval.

• (2) The Agency shall approve those parts of the plans listed in paragraph 11(1) as appropriate and relevant to the statutory remit of the Agency, and the relevant authorised project work shall not commence until the relevant parts of such plans have been approved by the Agency or otherwise determined pursuant to paragraph 13.

• (3) Any approval of the Agency given under paragraph 11(1):

• (a) shall not be unreasonably withheld;

• (b) in the case of a refusal, accompanied by a statement of the grounds of a refusal; and

• (c) shall be deemed to have been refused if it is neither given nor refused within 20 business days of receipt of any submission under paragraph 11(1).

• (4) Any dispute in respect of any approval or refusal under paragraph 11 shall be subject to the dispute resolution procedure in paragraph 13.

Protection for Fish and Fisheries

12

• (1) The undertaker shall take all such measures as may be reasonably practicable to prevent any interruption of the free passage of fish in any fishery during the construction of any authorised project work—

• (2) If by reason of—

• (a) the construction of any authorised project work, or

• (b) the failure of any such authorised project work,

damage to a fishery is caused, or the Agency has reason to expect that such damage may be caused, the Agency may serve notice on the undertaker requiring it to take such steps as may be reasonably practicable to make good the damage or, as the case may be, to protect the fishery against such damage.

• (3) If, within such time as may be reasonably practicable for that purpose after the receipt of written notice from the Agency of any damage or expected damage to a fishery, the undertaker fails to take such steps as are described in paragraph 12(2), the Agency may take such steps as are reasonable for the purpose and may recover from the undertaker the reasonable cost of so doing provided that the notice specifying those steps is served on the undertaker as soon as is reasonably practicable after the Agency has taken, or commenced to take the steps specified in the notice.

Dispute Resolution

13

Any dispute arising between the undertaker and the Agency under this Schedule shall be determined by arbitration in accordance with article 63 unless otherwise agreed in writing by the undertaker and the Agency.

Indemnities and Costs

14

• (1) The undertaker shall be responsible for and make good to the Agency all financial costs or losses not otherwise provided for in this Part of this Schedule which may reasonably be incurred or suffered by the Agency by reason of—

• (a) the construction or operation of the authorised project or the failure of any works comprised within it, or;

• (b) any act or omission of the undertaker, its employees, contractors or agents or others whilst engaged upon the construction or operation of the authorised project or dealing with any failure of the authorised project;

and the undertaker shall indemnify the Agency from and against all claims and demands arising out of or in connection with the authorised project or any such failure, act or omission.

• (2) The fact that any act or thing may have been done—

• (a) by the Agency on behalf of the undertaker; or

• (b) by the undertaker, its employees, contractors or agents in accordance with plans or particulars submitted to or modifications or conditions specified by the Agency, or in a manner approved by the Agency, or under its supervision or the supervision of its duly authorised representative;

shall not (if it was done or required without negligence on the part of the Agency or its duly authorised representative, employee, contractor or agent) excuse the undertaker from liability under the provisions of this paragraph.

• (3) In complying with the indemnity provisions pursuant to this paragraph the undertaker’s liability shall either be limited to a sum to be agreed between the parties or unlimited.

• (4) The Agency shall give the undertaker reasonable notice of any such claim or demand as is referred to in paragraph 14(1), and no settlement or compromise of any such claim or demand shall be made without the prior consent of the undertaker.

Notices

15

• (1) All notices under this Part of the Schedule to be sent to the head office of the Agency applying at the time unless otherwise agreed in writing.

• (2) The undertaker shall serve notice in writing of any transfer made pursuant to Article 9 upon the Agency together with a copy of the instrument effecting such transfer within 10 business days of any such transfer.

• (3) The undertaker shall serve a copy of its application to discharge requirement PW4 upon the Agency within 10 business days of the submission of such application. In the event that any application for approval of detailed design of specified works pursuant to paragraph 5 of this Part of Schedule 16 is made before any application for discharge of requirement PW4 is made, then the undertaker shall supply with the application for approval details for each part of the authorised project which is submitted for approval of specified works, the details of the body responsible for carrying out the relevant works and the location and duration for undertaking those works.

PART 4 — TRANSPORT FOR LONDON

SECTION 1 — Protection of TfL Railway Companies

1

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

2

In this Part of this Schedule—

• “approval” in relation to specified works means approval of the engineer appointed by the protected person whose protected property is affected by those works such approval not to be unreasonably withheld or delayed;

• “construction” shall include reconstruction, altering, replacing, relaying, removal, maintenance and repair of the specified works;

• “CRL” means Crossrail Limited, a company limited by shares and incorporated under the Companies Act 1985, whose registered number is 04212657;

• “CRL Property” means any lands held or used by CRL for the purposes of its operational undertaking, and any works, apparatus and equipment connected therewith for the maintenance or operation of which CRL is responsible for when the construction of the specified works commence;

• “DLRL” means Docklands Light Railway Limited, a company limited by shares and incorporated under the Companies Act 1985, whose registered number is 02052677;

• “DLRL Property” means any lands held or used by DLRL for the purposes of its operational undertaking, and any works, apparatus and equipment connected therewith for the maintenance or operation of which DLRL is responsible for when the construction of the specified works commence;

• “engineer” means the engineer appointed by each of the protected persons;

• “LUL” means London Underground Limited a company limited by shares and incorporated under the Companies Act 1985, whose registered number is 01900907;

• “LUL Property” means any lands held or used by LUL for the purposes of its operational undertaking, and any works, apparatus and equipment connected therewith for the maintenance or operation of which LUL is responsible for when the construction of the specified works commence;

• “Non-River DCO Works” means the authorised development and associated development and any ancillary works to be constructed on any land located outside of the River Areas;

• “plans” includes sections, designs, drawings, specifications, soil reports, staging proposals, programmes, calculations, methods of construction, risk assessments and details of the extent, timing and duration of any proposed occupation of protected property 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;

• “protected person” means LUL or DLRL or RfL or CRL;

• “protected property” means in relation to each protected person any lands held or used by that protected person for the purposes of its operational undertaking, and any works, apparatus and equipment connected therewith for the maintenance or operation of which that protected person is responsible when the relevant specified works are begun;

• “River Areas” means the areas comprising the rivers known as the River Thames and Deptford Creek and such areas include the bed, banks, sub-soil, foreshore and river walls of the River Thames and Deptford Creek but do not include works to the surface of structures over the River Areas;

• “River DCO Works” means that part of the authorised development consisting of any works of excavation, piling, sinking or boreholes, tunnelling or other works carried out within the River Areas;