Legalize / United Kingdom / Statutory-Instrument

The Cambridge Waste Water Treatment Plant Relocation Order 2025

Type Statutory-Instrument

Publication 2025-04-02

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(i) planning and other obligations whether under section 106[^f00114] of the 1990 Act or other statutory provisions applicable to the specified works; and

(ii) all relevant legislation statutory orders and regulations affecting the specified works; and

(d) with due diligence.

(2) The contract for the specified works must be in accordance with the conditions of contract and the local highway authority must have all rights and powers in relation to the construction, completion and maintenance of the specified works as if they were the service manager for the specified works (as defined in the contract) but only insofar as such rights and powers are necessary to ensure that the specified works are constructed, completed and maintained to his satisfaction.

(3) The undertaker must at its own expense—

(a) make reasonable provision to prevent mud and other materials from being carried onto local highways as a result of undertaking the specified works (such provision to include mechanical wheel cleaning apparatus and mechanical road sweeping equipment) and for any local highways on which the specified works are being undertaken to be swept by mechanical means at the end of each working day and at such other times as the local highway authority may reasonably require during the duration of the specified works and in the event that the undertaker fails to respond to any such reasonable request by an officer of the local highway authority, the local highway authority shall be entitled to sweep/clear the local highway itself and recover any and all associated costs for such from the undertaker;

(b) carry out or pay to be carried out such works as may reasonably be required from time to time by public utility companies or by the local highway authority at the request of public utility companies in relation to or in consequence of the construction of the specified works;

(c) as soon as reasonably practicable after receipt of a written request from the local highway authority to do so and in a manner and by such reasonable time determined by the local highway authority (acting reasonably) construct such—

(i) boundary fence;

(ii) footpaths;

(iii) road barrier safety fencing; and

(iv) temporary and permanent regulatory warning signs (including foundation bases and the provision of road traffic sign illumination)

as may in the local highway authority’s reasonable opinion be required in relation to or in consequence of the construction of the specified works;

(d) ensure the lighting and signing of the specified works comply with the specification and approved drawings and the provisions of Chapter 8 of the current edition of the Traffic Signs Manual (published by the Department for Transport) or any amendment thereto or republication thereof;

(e) without prejudice to the provisions of section 174[^f00115] (precautions to be taken by persons executing works in streets) of the 1980 Act until the issue (or deemed issue) of the final certificate keep the specified works safe and in a good state of repair;

(f) pay the energy costs of any street lighting provided as part of the specified works from the date of commissioning/switching on of such street lighting until the issue (or deemed issue) of the final certificate;

(g) during the period when the specified works are being executed—

(i) institute measures reasonably required to maintain the traffic flows on the highways in the vicinity of the specified works with such temporary traffic management arrangements to be operated to the reasonable satisfaction of the local highway authority and except in cases of any emergency the undertaker must give five working days’ notice to the local highway authority of any intention to change the layout of any traffic management arrangements and must obtain the highway authority’s consent before carrying out such changes; and

(ii) request any orders or notices statutorily required in connection with the specified works;

(h) ensure that all operations reasonably necessary for the execution of the specified works must insofar as is reasonably practicable be carried on so as not to interfere unnecessarily or improperly with the public convenience or the access to or use or occupation of local highway or private roads and footpaths; and

(i) provide road markings on each applicable local highway at the time and in the manner to be determined by the local highway authority.

Programme and method statement/commencement of the specified works

81

(1) Prior to commencing any of the specified works the undertaker must produce—

(a) a programme of works detailing the operations to be undertaken within the adopted public highway and the approximate duration of the specified works;

(b) a method statement in respect of the specified works detailing the methods of construction which the undertaker proposes to adopt or use; and

(c) a detailed traffic management proposal for each separate area of works within the adopted public highway for approval by the local highway authority.

(2) The undertaker must not commence any part of the specified works until—

(a) the programme and method statement and detailed traffic management proposals referred to in sub-paragraph (1) have been approved in writing (or deemed approved) by the local highway authority;

(b) a permit in accordance with the local highway authority’s permit scheme for road works and street works under the Traffic Management Act 2004 and pursuant to the Traffic Management Permit Scheme (England) Regulations 2007[^f00116] has been obtained by the undertaker; and

(3) Any temporary speed restrictions that will be in place for longer than the construction of any of the specified works should be signed as a permanent speed restriction with permanent signs in accordance the Traffic Signs Regulations and General Directions 2016 until such time as the restriction is no longer required and the signage can be removed.

(4) The undertaker must not undertake any specified works other than at the times specified in the approved (or deemed approved) programme and method statement and traffic management proposals unless prior written approval to make the appropriate variation to the approved programme and method statement and traffic management proposals has been obtained from the local highway authority.

(5) If within 40 working days after submission of the details required to be submitted for approval pursuant to this paragraph 81 by the undertaker the local highway authority has not approved or disapproved them, it is deemed to have approved the details as submitted.

(6) If the local highway authority refuses the details submitted to it under this paragraph 81 at any time, it shall provide with such refusal the reasons therefor.

(7) The procedure specified in this paragraph 81 shall be repeated until such time as the relevant details are approved (or deemed approved) by the local highway authority.

(8) The undertaker must include in any submission made to the local highway authority under this paragraph 81 a statement that the provisions of sub-paragraph (5) apply and if the submission fails to include such statement the provisions of sub-paragraph (5) will not apply.

Deviations from approved programme and method statement and traffic management proposals

82

(1) If following approval (or deemed approval) of the programme the undertaker wishes to review, change, alter or amend the approved programme, method statement and/or detailed traffic proposal the undertaker must submit revised details to the local highway authority for its approval at least 25 working days before the intended implementing of such revisions.

(2) If within 40 working days after submission of the details required to be submitted for approval pursuant to this paragraph 82 by the undertaker the local highway authority has not approved or disapproved them, it is deemed to have approved the details as submitted.

(3) The undertaker must as soon as reasonably practicable carry out such proposals referred to in sub-paragraph (1) as approved (or deemed approved) by the local highway authority and comply with such other reasonable requirements given by the local highway authority in writing or verbally (provided those requirements given verbally are confirmed in writing by the local highway authority within 2 working days).

(4) The undertaker must include in any submission made to the local highway authority under this paragraph 82 a statement that the provisions of sub-paragraph (2) apply and if the submission fails to include such statement the provisions of sub-paragraph (2) will not apply.

Completion of the works

83

The undertaker must complete the specified works in accordance with the approved programme and method statement and traffic management proposals.

Access, inspection and testing

84

(1) The undertaker must during the progress of the specified works upon reasonable request give or procure for the local highway authority free access to each and every part of the specified works and permit the local highway authority to inspect the specified works as they proceed and all materials used or intended to be used therein and must give effect to any reasonable and proper requirements made or reasonable and proper direction given by the local highway authority to conform to the programme, the specification and the approved drawings.

(2) The undertaker unless otherwise directed by the local highway authority must not cover up or put out of view any works without its approval and must afford full opportunity for the local highway authority to examine any work which is about to be covered up or put out of view and to examine foundations before permanent work is placed thereon and must give at least five (5) working days’ notice to the local highway authority whenever any such work or foundations is or are ready or about to be ready for examination.

(3) If within 40 working days after requesting the local highway authority examines any works which the undertaker wishes to cover up or put out of view the local highway authority has not responded or undertaken an inspection, it is deemed to have approved the covering up or putting out of view of the relevant works.

(4) The undertaker will allow the local highway authority to test materials, plant and workmanship used or proposed to be used in the specified works and to reject any materials, plant or workmanship so tested which it may reasonably and properly find to be not in accordance with the specification and approved drawings and the costs reasonably incurred by the local highway authority in connection with such testing must be payable by the undertaker.

(5) The undertaker must as soon as is reasonably practicable replace or repair any materials plant or workmanship which have been found not in accordance with the specification and approved drawings with such as are so in accordance.

(6) For the purpose of sub-paragraph (4) the undertaker must afford the local highway authority reasonable access and admission to the places where materials or plant for the specified works may be stored or are in the course of preparation, manufacture or use.

(7) The undertaker must as soon as is reasonably practicable remove such materials, plant and workmanship as are rejected by the local highway authority pursuant to sub-paragraph (4) which are not capable of repair or remedy from the site of the specified works and if the undertaker must wish to continue to store any rejected irreparable materials, plant or workmanship on the site of the specified works they must be stored separately from those materials, plant and workmanship which have not been so rejected or which the undertaker must wish in future to use in execution of the specified works.

(8) The undertaker must include in any request made to the local highway authority under this paragraph 84 a statement that the provisions of sub-paragraph (3) apply and if the request fails to include such statement the provisions of sub-paragraph (3) will not apply.

Inspection and testing (covered work and foundations)

85

During the construction of the specified works and prior to the issue (or deemed issue) of any provisional certificate of completion the undertaker must upon reasonable request from the local highway authority open up or expose any of the specified works which may have been covered up without previously being inspected by the local highway authority.

Statutory undertakers (highways)

86

(1) During construction of the specified works prior to the issue (or deemed issue) of any provisional certificate of completion the undertaker must at no cost to the local highway authority carry out or procure the carrying out of such works of protection or alteration as are necessary as a result of the construction of the specified works to the plant, equipment and other apparatus of a statutory undertaker (highways) on the site of the specified works.

(2) The undertaker must cause all new highway or other drains or sewers, gas and water mains, pipes, electric cables (if any) or telecommunications cables and ducts (if any) or other apparatus which are to be laid by the undertaker under the specified works together with all necessary connections from them to the boundary of the specified works to be laid under the specified works before the foundation of the specified works are laid and must also cause the connections from electric cables to street lamps to be laid before the paving of any footways comprised in the specified works is carried out.

Progress of the specified works

87

(1) The undertaker must keep the local highway authority regularly informed of—

(a) material measures taken and stages reached by the undertaker in performing its obligations;

(b) the progress of the specified works; and

(2) The undertaker must arrange for site meetings to be held as necessary between the local highway authority, the undertaker, the contractor and the project team in order to discuss the carrying out and execution of the specified works in accordance with the provisions of this Part of this Schedule.

Provisional Certificate of Completion

88

(1) Subject to sub-paragraph (2) when the local highway authority is notified by the undertaker that the specified works have been substantially completed which must mean that the specified works can be permanently used for the purpose and operate in the manner for which they were designed and the undertaker must clear away and remove from the site of the specified works all construction, plant and temporary works of every kind and leave the specified works in a good workmanlike condition and fully suitable for use as a public highway to the satisfaction of the local highway authority and traffic management measures have been removed from the site of the specified works the local highway authority must inspect the specified works as soon as is reasonably practicable (and in any event within 40 working days).

(2) The undertaker shall provide all the documents required under GG119 of the Design Manual for Roads and Bridges to enable the local highway authority to instruct the undertaking of the stage 3 safety audit of the specified works by the local highway authority’s in-house audit team.

(3) Following the formal written approval by the overseeing organisation of the stage 3 safety audit process as defined under GG119 of the Design Manual for Roads and Bridges the local highway authority must notify the undertaker as soon as reasonably possible of any remedial works identified by the local highway authority both as a result of the inspection and the stage 3 safety audit referred to in sub-paragraphs (1) and (2) (respectively) provided that if the local highway authority does not notify the undertaker of any such remedial works within 40 working days from the date of the formal written approval of the overseeing organisation or issue a provisional certificate of completion within that period, the provisional certificate of completion is deemed to have been issued and dated on the day following the 40 working day period.

(4) Subject to sub-paragraph (9) being satisfied by the undertaker (if applicable), if following the expiry of 40 working days of the undertaker notifying the local highway authority pursuant to sub-paragraph (1) the local highway authority has not inspected the specified works the provisional certificate of completion is deemed to have been issued and dated on the day following the 40 working day period.

(5) Where the specified works have not been completed within 24 months of their commencement the undertaker must within 10 working days of the undertaker notifying the local highway authority that the specified works have been substantially completed undertake and submit to the local highway authority a street lighting design review if required as part of the specified works and the local highway authority must notify the undertaker as soon as reasonably possible of any works of alteration or reconstruction required to the street lighting.

(6) The undertaker must comply in full to the local highway authority’s reasonable satisfaction with all requirements identified by it both as a result of the inspection, the stage 3 safety audit and the street lighting design review (if applicable).

(7) If applicable, the undertaker must thereafter notify the local highway authority that the specified works are ready for a further inspection and the local highway authority must (subject to sub-paragraph (9) below) as soon as reasonably practicable following such further inspection issue the provisional certificate of completion.

(8) Subject to sub-paragraph (9) being satisfied by the undertaker (if applicable), if following the expiry of 40 working days after the undertaker notifying the local highway authority pursuant to sub-paragraph (7) the local highway authority has not further inspected the specified works or issued a provisional certificate of completion, the provisional certificate of completion is deemed to have been issued and dated on the day following the 40 working day period.

(9) The undertaker must (if necessary) secure without cost to the local highway authority any deeds of easement or such other deeds to secure to the local highway authority—

(a) full drainage rights in respect of any parts of the surface water drainage system of the specified works;

(b) rights to inspect, maintain and repair any lighting required by the specified works

lying outside the limits of the local highway and the local highway authority must not be liable for payment of compensation or legal or any other costs or fees arising on account of the execution of any such deeds and the undertaker must indemnify the local highway authority in respect thereof.

(10) The undertaker must include in any notification or request for inspection made to the local highway authority under this paragraph 88 a statement that the provisions of sub-paragraphs (3), (4) and/or (8) apply (as applicable) and if the notification or request fails to include such statement the provisions of sub-paragraph (3), (4) and/or (8) (as applicable) will not apply.

Maintenance and defects correction

89

(1) The undertaker must at its own expense maintain to the satisfaction of the local highway authority all the specified works undertaken during the maintenance period.

(2) During the maintenance period the undertaker must at its own expense execute all such works of repair, reconstruction and rectification of any and all defects and imperfections and of any and all other faults arising out of defective design materials or workmanship or of any other nature whatsoever (which for the avoidance of doubt must include all traffic damage whether accidental or otherwise) that may be required in writing by the local highway authority in relation to the specified works.

(3) If the undertaker fails to carry out or procure the carrying out of any such works as aforesaid the local highway authority may carry out such work by its own employees or by contractors or otherwise and the undertaker must within twenty (20) working days of demand pay to the local highway authority the total amount of the costs and expenses (including traffic management costs) reasonably incurred or to be incurred by the local highway authority in completing such works.

(4) The undertaker must at its own expense carry out under the direction of the local highway authority such searches, tests or trials as may be reasonably necessary in order to ascertain the cause of any defects or faults but only if so required in writing by the local highway authority.

(5) On receipt of a written request from the local highway authority the undertaker must allow access to the specified works for the purpose of conducting at the undertaker’s expense any reasonably required borehole test and the undertaker must be responsible for reinstatement of the specified works.

Stage 4 safety audit

90

(1) The undertaker must notify the local highway authority upon expiry of the maintenance period and invite the local highway authority to inspect the specified works and to reasonably determine whether or not a stage 4 safety audit is required.

(2) As soon as is reasonably practicable following the invitation to which sub-paragraph (1) refers (and in any event within 40 working days), the local highway authority must inspect the specified works and confirm in writing to the undertaker whether or not a stage 4 safety audit is required and the further remedial works to be undertaken (if any).

(3) If it is determined that a stage 4 safety audit is required which provides for further remedial works to be carried out, then within 40 working days of receipt of the stage 4 road safety audit the undertaker must provide the local highway authority with a programme of works for such further remedial works to be approved by the local highway authority.

(4) The undertaker must comply with and carry out in full to the local highway authority’s satisfaction all requirements identified by the local highway authority as a result of the inspection and where applicable the stage 4 safety audit and must at no cost whatsoever to the local highway authority reinstate and make good the defects including those which in the reasonable and proper opinion of the local highway authority must have arisen out of any defect in the design of the specified works or the use of defective workmanship or materials not in accordance with the specification and approved drawings during the construction of the specified works within the timeframes set out in the approved programme of works.

(5) The undertaker must thereafter notify the local highway authority that the specified works are ready for a further inspection.

(6) As soon as is reasonably practicable (and in any event within 40 working days) following the invitation to which sub-paragraph (5) refers, the local highway authority must further inspect the specified works.

Final Certificate

91

(1) If after the expiration of the maintenance period and if following the further inspection(s) referred to in paragraph 90 of this Part of this Schedule the specified works have been shown to be satisfactory and the defects have been remedied and the specified works reinstated and otherwise made good to the satisfaction of the local highway authority it must as soon as reasonably practicable issue the final certificate.

(2) Prior to the issue of the final certificate the undertaker must provide the local highway authority with—

(a) a plan showing the land over which the specified works have been constructed;

(b) a complete set of as-built drawings for the whole of the specified works in accordance with paragraph 106 of this Part of this Schedule;

(d) the post-construction inventory.

(3) If within 40 working days after the undertaker requesting an inspection by the local highway authority pursuant to paragraph 90(1) of this Part of this Schedule the local highway authority has not inspected the specified works or specified whether or not a stage 4 safety audit is required, the final certificate is deemed to have been issued and dated on the day following the 40 working day period.

(4) If within 40 working days after the undertaker requesting an inspection by the local highway authority pursuant to paragraph 90(3) of this Part of this Schedule the local highway authority has not further inspected the specified works or issued a final certificate, the final certificate is deemed to have been issued and dated on the day following the 40 working day period.

(5) The undertaker must include in any request for inspection made to the local highway authority under paragraphs 90(1) and/or 90(3) of this Part of this Schedule a statement that the provisions of sub-paragraphs (3) or (4) apply (as applicable) and if the notification or request fails to include such statement the provisions of sub-paragraph (3) or (4) (as applicable) will not apply.

Indemnity

92

(1) The undertaker must fully indemnify and keep indemnified—

(a) the local highway authority and all persons authorised by it in respect of all actions, liabilities, claims, demands and proceedings arising out of or in connection with or incidental to the carrying out of the specified works including claims relating to the infringement or destruction of any right, easement or privilege, including but not limited to—

(i) the negligent and defective design and/or construction of the specified works including the use of defective workmanship or materials or methods of construction not in accordance with the specification and approved drawings and good practice current when the specified works are constructed;

(ii) in respect of depreciation in the value of any interest in land caused by or resulting from the proper execution and/or use of the specified works or any part thereof; and

(iii) in respect of nuisance, loss or damage caused during or by the proper execution and/or use of the specified works or any part thereof;

(b) the local highway authority in respect of any and all actions, liabilities, claims, demands, proceedings or expenses arising out of or in connection with the use of the highway as modified by the specified works including for the avoidance of doubt claims under Part 1 (compensation for depreciation caused by use of public works) of the Land Compensation Act 1973.

(2) The indemnities specified in sub-paragraph (1) do not apply in respect of any actions, liabilities, claims, demands and proceedings that may arise as a result of the negligence of the local highway authority or any person authorised thereby.

Insurance

93

(1) The undertaker must take out and maintain(or must procure that the contractor takes out and maintain) and whenever required must produce to the local highway authority satisfactory evidence that it has so taken out and maintained insurances—

(a) against all liability (whether at common law or under statute) in respect of injury (fatal or otherwise) to persons employed or engaged in the execution of the specified works; and

(b) against all third party risks (in respect of persons or property including employees of the local highway authority) arising out of or incidental to the specified works to the extent of not less than ten million pounds (£10,000,000.00) for any one claim.

(2) The insurances referred to in sub-paragraph (1) must be effected with reputable insurance companies and must be continued until the issue of the final certificate.

(3) If the undertaker fails upon written request to produce to the local highway authority satisfactory evidence that there are in force the insurances which it is required to effect under this Part of this Schedule then in any such case the local highway authority may as agent for and on behalf of the local highway authority effect and keep in force any such insurance and pay such premium or premiums as may be necessary for that purpose and from time to time to recover the costs, charges and expenses of doing so from the undertaker as a civil debt.

(4) Whenever insurance is arranged in the joint names of the parties or on terms containing provisions for indemnity to principals the party effecting such insurance shall procure that the subrogation rights of the insurers against the other party are waived and that such policy shall permit either the co-insured or the other party as the case may be to be joined to and be a party to any negotiations, litigation or arbitration upon the terms of the policy or any claim thereunder.

Variation to council specification and approved drawings

94

(1) Save as provided in sub-paragraph (2) and subject to sub-paragraph (5) the undertaker must not make any variations (that is to say any alterations or additions or omission of anything from the specification and approved drawings nor the use of any materials in substitution for any specified in the specification and approved drawings) without the local highway authority giving prior written approval thereto (such approval not to be unreasonably withheld or delayed).

(2) The undertaker is entitled to make such variations as are insubstantial and immaterial and of a routine nature provided that this entitlement does not apply in respect of any variation consisting of substitution of materials specified in the specification and approved drawings.

(3) The undertaker must provide on request by the local highway authority a complete full sized hard copy set of the approved drawings as amended and revised from time to time for the duration of the specified works.

(4) The undertaker must take such steps as are necessary to procure for the local highway authority the full right and entitlement to use the ‘as built’ drawings on licence without further payment or liability for further payment for the purpose of constructing, repairing, rectifying, adjusting and/or maintaining the specified works and will execute all such deeds and documents as may be required to perfect such licence.

(5) If within 40 working days after the undertaker requesting any variations pursuant to sub-paragraph (1) the local highway authority has not responded, the variations are deemed approved as submitted.

(6) The undertaker must include in any submission made to the local highway authority under this paragraph 94 a statement that the provisions of sub-paragraph (5) applies and if the submission fails to include such statement the provisions of sub-paragraph (5) will not apply.

Default

95

(1) If the undertaker fails to complete or maintain the specified works in accordance with this Part of this Schedule the local highway authority (including its own employees or by contractors or otherwise) may after not less than thirty (30) working days’ notice in writing to the undertaker to carry out the specified works or any such part or parts thereof as is or are not completed by the undertaker in accordance with this Part of this Schedule and the undertaker must within twenty (20) working days of written demand pay to the local highway authority the total amount of the reasonable costs and expenses incurred or to be incurred by the local highway authority in completing the specified works or if such payment is not made the local highway authority must recover the total amount of the reasonable costs from the cash deposit in accordance with paragraph 100 of this Part of this Schedule.

(2) In the event of the local highway authority executing the specified works pursuant to sub-paragraph (1) the undertaker must remove any temporary buildings, plant, tools, equipment, goods and materials belonging to or hired by it and in the event of any failure to do so the local highway authority may sell or otherwise dispose of such items and from the proceeds of sale of any such items the local highway authority may retain any costs or expenses incurred in connection with such sale and disposal and may apply any surplus in set off against any costs and expenses incurred pursuant to sub-paragraph (1) before accounting to the undertaker.

(3) Without prejudice to sub-paragraph (1) the local highway authority may serve a cessation of works notice where in the local highway authority’s reasonable opinion all or any part of the specified works are being carried out in breach of the terms of this Part of this Schedule.

(4) The undertaker must forthwith upon receipt of a cessation of works notice stop carrying out any works specified in that notice and must not recommence those works without the local highway authority’s prior written approval (which must not be unreasonably withheld or delayed) or until the local highway authority gives further notice to the undertaker withdrawing the cessation of works notice provided that in respect of any period of cessation of works arising out of a notice served the period provided for completion of the specified works referred to in paragraph 83 of this Part of this Schedule must be extended by an equivalent period.

(5) If within 20 working days after the undertaker requesting recommencement of the specified works following the receipt of a cessation of works notice pursuant to sub-paragraph (3) the local highway authority has not responded, the undertaker may recommence the specified works.

CDM Regulations

96

The undertaker shall assume the obligations of the client for the purposes of the CDM Regulations and shall ensure that the execution of the specified works complies with the CDM Regulations and in the course of carrying out those obligations the undertaker shall act as principal designer and appoint a principal contractor in respect of the specified works in accordance with the CDM Regulations.

Telecommunications apparatus

97

Save as provided in the specification and approved drawings the undertaker must not at any time give consent to any telecommunications company for the installation of any services in the specified works without the prior written consent in writing of the local highway authority such consent not to be unreasonably withheld or delayed.

Commuted sum and asset fees

98

(1) If a commuted sum is required by the local highway authority the undertaker will pay the agreed commuted sum to the local highway authority prior to commencement of the part of the specified works to which the commuted sum relates.

(2) The undertaker shall pay the asset management fee and the asset planning fee to the local highway authority prior to commencement of the specified works.

Safety Audit Costs

99

The undertaker must within 10 working days of the local highway authority’s request pay all costs incurred by the local highway authority in undertaking any road safety audit (whatever their stage) which shall include all costs incurred in testing of materials.

Cash Deposit

100

(1) The undertaker shall prior to the commencement of any of the specified works deposit with the local highway authority the cash deposit as security for the performance by the undertaker of its obligations in this Part of this Schedule provided that if the undertaker—

(a) carries out, completes and maintains the specified works in accordance with this Part of this Schedule; and

(b) makes all payments in respect of damages, indemnity, reimbursement or otherwise which may have become payable by the undertaker under the terms hereof or in respect of any breach, non-observance or non-performance of any of the terms hereof; and

the cash deposit plus any accrued interest (at a rate of 1% below the Bank of England’s base rate or 0% whichever is the greater) shall be refunded to the undertaker (but less any part of the cash deposit and interest thereon properly used by the local highway authority in accordance with this Part of this Schedule to defray the costs to the local highway authority arising from the failure of the undertaker to fulfil its obligations or any of them under this Part of this Schedule.

(2) In the event of the costs to which sub-paragraph (1) refers being less than the amount of the cash deposit plus interest accrued due the balance shall be repaid to the undertaker by the local highway authority within 20 working days of the final costs to the local highway authority arising from the default of the undertaker having been ascertained.

(3) In the event of the costs to which sub-paragraph (1) refers being greater than the amount of the cash deposit plus the interest accrued due the balance of such costs shall be a debt due to the local highway authority and payable by the undertaker within 20 working days of notice being issued by the local highway authority to the undertaker of the amount of the said balance.

(4) Following issue of the provisional certificate of completion the local highway authority shall refund to the undertaker so much of the cash deposit so that the amount of the cash deposit retained by the local highway authority amounts to fifty percent (50%) of the original value of the cash deposit.

(5) The remainder of the cash deposit shall subject to sub-paragraph (1) be refunded in full upon issue of the final certificate by the local highway authority.

Dispute provisions

101

(1) Article 52 (Arbitration) of the Order does not apply to this Part of this Schedule.

(2) In the event of a dispute between the local highway authority and the undertaker (the parties), each agrees that—

(a) they will use their reasonable endeavours to seek to resolve the dispute by entering into negotiation and discussion—

(i) should such negotiation and discussion not resolve the dispute then the undertaker, the contractor and the local highway authority will use their reasonable endeavours to agree to jointly instruct and enter into mediation on the basis of both parties paying their own costs;

(ii) in the event of mediation not resulting in an agreed solution (within a reasonable time of such process), then either one or both parties may refer the dispute to an expert for determination—

(aa) such expert must be an independent and suitable person holding appropriate professional qualifications to be appointed (in the absence of an agreement) by or on behalf of the President for the time being of the Institution of Civil Engineers, unless otherwise agreed between the parties. Such person must act as an expert whose decision must be final and binding on both parties in the absence of any manifest error or fraud;

(bb) any expert howsoever appointed must be subject to the express requirement that a decision must be reached and communicated to both relevant parties within the minimum practical timescale allowing for the nature and complexity of the dispute and in any event not more than 20 working days after the conclusion of any hearing that takes place or 20 working days after he has received any file or written representation;

(cc) the expert must be required to give notice to each of the said parties requiring them to submit to him within 10 working days of notification of his appointment written submissions and supporting material and the other party will be entitled to make a counter written submission within a further 10 working days.

(3) Nothing in this clause must prevent either party having recourse to law, including necessity for court action in relation to public safety.

Documents submitted for approval

102

(1) Any documents submitted by the undertaker to the local highway authority shall conform to the following requirements—

(a) In respect of construction details – the Housing Estate Road Construction Specification;

(b) Where required by the local highway authority – the design manual for roads and bridges and the accompanying suite of documents;

(2) Any and all copyright requirements of the undertaker and its representatives shall be waived in respect of the normal requirements of the local highway authority and such permission shall be provided in writing.

(3) If deemed necessary by the local highway authority for each part of the specified works the undertaker shall provide all documentation required under GG119 of the Design Manual for Roads and Bridges to undertake a stage 2 safety audit.

(4) Where a stage 2 safety audit has been required by the local highway authority no part of that specified works shall be undertaken until the stage 2 safety audit has been completed to the satisfaction of the overseeing organisation.

(5) Prior to the specified works commencing the undertaker will submit to the local highway authority for approval a provisionally priced bill of quantities for the specified works and any land to be dedicated as public highway as part of the specified works and such bill of quantities must—

(a) comply with the layout and requirements of the specified works; and

(b) include elements for traffic management

and this figure will be the works estimate.

Agreement Fee

103

(1) The undertaker will pay to the local highway authority upon technical submission an amount being 50% of the undertaker’s reasonable calculation of the agreement fee.

(2) The undertaker and the local highway authority will agree the works estimate prior to the issuing of technical approval by the local highway authority.

(3) The undertaker will pay to the local highway authority the remaining balance of the agreement fee (as established following the agreement of the works estimate pursuant to sub-paragraph (2)) prior to the issuing of technical approval by the local highway authority.

(4) The deeming provisions to which paragraph 79(2) of this Part of this Schedule refers shall not apply to the technical submission to which sub-paragraph (1) refers unless and until the undertaker has paid the agreement fee in full to the local highway authority in accordance with this paragraph 103 provided that this sub-paragraph does not affect such deeming provisions insofar as they relate to approval of the works estimate (or any other approval required to be given) by the local highway authority.

Additional technical vetting costs

104

Additional technical vetting costs are applicable in respect of all road safety audits, structures, traffic signals and street lighting within the local highway.

Submissions of Drawings

105

(1) The undertaker must supply electronic versions of the drawings and all other information required.

(2) All plans shall be at a true scale of no less than 1:500 and the construction specification drawings shall be at a scale of 1:20.

(3) The undertaker shall provide the local highway authority with the following minimum information for the specified works—

(a) The extent of the specified works within the public highway (coloured as below) at a true scale of not less than 1:200—

(i) specified works within existing public highway shall be coloured green (the shade of green shall conform to Hue 80, Saturation 117, Luminance 131 (#58BC4A Hex number));

(ii) if any land is to be offered for adoption by the local highway authority then such areas shall be coloured in pink (the shade of pink shall conform to Hue 223, Saturation 205, Luminance 208 (#F6AAE4 Hex number)); and

(iii) gullies, connections to the publicly maintained surface water sewer and any lengths of highway drain shall be marked blue;

(b) the proposed longitudinal and cross sections;

(d) the construction drawings for the specified works;

(e) a plan showing the areas drained by each gully within the area of the specified works and such plan shall—

(i) identify the areas drained by varying the direction of a simple 45° line hatching;

(ii) show the areas drained by each gully in numbers;

(iii) show the direction and fall to the gully expressed as a factor of 1 (i.e. 1:150); and

(iv) identify the level of the high point and gully;

(f) a plan showing the proposed surface course material using different hatches or colours to differentiate between the materials being proposed;

(g) a plan showing all kerbing and edging types to be used;

(h) a copy of the geo-technical report for the site and the design California bearing ratios for the foundation must comply with the requirements of the Housing Estate Road Construction Specification;

(i) general arrangement drawing showing location and nature of utilities/ statutory undertakers’ apparatus; and

(j) all changes to drawings through the technical vetting process must be clouded in red.

As built drawings

106

(1) The undertaker will immediately prior to the issuing of the final certificate for each of the specified works at a specific specified works location provide to the local highway authority six copies of an as built drawing at a true scale of not less than 1:500, showing the following information—

(a) Any key alterations to the layout/ adoptable areas which may have occurred through the construction process.

(b) The location and type of all street furniture, including, street lighting columns, lit and unlit bollards and the like.

(c) Gully locations and connections to the adopted sewer system, including lengths protected with concrete bed and surround.

(d) Lengths of highway drain.

107

For the protection of the relevant navigation authority the following provisions of this Part of this Schedule shall, unless otherwise agreed in writing between the undertaker and the relevant navigation authority, have effect.

108

In this Part of this Schedule—

“river work” means any works forming part of the authorised development which are in or over the river Cam or which require interference with the movement of river traffic on the river Cam;

“temporary river work” means those river works which are temporary in nature and which do not form part of the permanent works in or over the river Cam.

River works

109

(1) Save in an emergency, the undertaker will not commence any river work until—

(a) it has supplied to the relevant navigation authority plans of that river work showing the detailed design, work programme and any associated temporary or permanent interference with rights of navigation pursuant to articles 44(1) and 44(2) (rights on the river Cam); and

(b) it has provided 42 days’ written notice of the intention to commence such river work.

(2) The relevant navigation authority must provide any comments on the plans submitted pursuant to sub-paragraph (1)(a) within 28 days of receipt and the undertaker must have reasonable regard to those comments insofar as they relate to the maintenance of the safe movement of traffic on the river Cam.

(3) The undertaker must carry out all river work—

(a) in accordance with such details as have been provided to the relevant navigation authority pursuant to this paragraph 109;

(b) so that the movement of river traffic on the river Cam is not restricted more than is reasonably practicable in order to carry out the relevant river work; and

(4) Upon completion of any river work, the undertaker must—

(a) remove as soon as is reasonably practicable any temporary river work and associated materials; and

(b) as soon as reasonably practicable following the removal of any temporary river work pursuant to sub-paragraph (4)(a), to make good the site of any temporary river work including any damage to walls or banks arising from undertaking the river work so as not to cause any interference with the movement of river traffic.

(5) In carrying out any river work, the undertaker must not—

(a) deposit in or allow to fall or be washed into the river Cam any gravel, soil or other material except to the extent permitted by this Order; and

(b) discharge or allow to escape either directly or indirectly into the river Cam any offensive or injurious matter.

Details for approval

110

(1) The undertaker must, at the same time as the provision of the plans pursuant to paragraph 109(1)(a) of this Part of this Schedule, provide for the approval of the relevant navigation authority—

(a) details of the extent of any temporary suspension of rights of navigation required pursuant to article 44(3) (rights on the river Cam) in order to carry out the relevant river work and the undertaker must not interfere with any rights of navigation pursuant to article 44(3) except in accordance with this paragraph 110; and

(b) details of any temporary or permanent signage required in connection with the river work.

(2) The relevant navigation authority must respond in writing within 42 days of the request for approval under sub-paragraph (1) to either give approval to the details as submitted or suggest amendments to the details provided, but any such amendment must not materially affect or delay the efficient delivery of the relevant river work and must be suggested only where the relevant navigation authority considers such amendment necessary (acting reasonably) in accordance with its functions and duties in its capacity as the relevant navigation authority.

(3) If the relevant navigation authority provides pursuant to sub-paragraph (2) any suggested amendments to the details provided, the undertaker must within 14 days confirm whether those amendments are accepted and in the event the undertaker agrees to the amendments, the undertaker must carry out the relevant river work in accordance with those amendments. In the event the undertaker does not agree to the amendment, the dispute may be referred to and settled by arbitration in accordance with article 52 (arbitration) and the relevant river work is to be undertaken in accordance with the terms of the final determination.

(4) If the relevant navigation authority fails to respond to the undertaker’s request for approval pursuant to this paragraph 110 within 42 days, approval is deemed to have been given.

(5) The undertaker must pay the relevant navigation authority a sum equal to the whole of any costs and expenses reasonably and properly incurred by the relevant navigation authority in relation to any approvals sought under this paragraph 110 within 30 days of written evidence of such costs and expenses.

Intention to commence Work No. 31 and Work No. 32

111

The undertaker will provide to the relevant navigation authority at least 42 days’ written notice of the intention to commence Work No. 31 and Work No. 32.

Expenses

112

Any reasonable and proper additional expenses not otherwise provided for in this Part of this Schedule which the relevant navigation authority incurs in managing or maintaining the river under any powers existing at the making of this Order by reason of the construction of any river work or temporary river work must be repaid by the undertaker to the relevant navigation authority (but subject to the submission to the undertaker, to its reasonable satisfaction, of written evidence that the additional expenses are a direct result of the construction of the river work or temporary river work and on the proviso that there will be no double recovery).

Indemnity

113

(1) Subject to the provisions of this paragraph 113, the undertaker agrees to indemnify the relevant navigation authority from and against such charges, claims, demands, damages, expenses, liabilities and losses, (together, “losses”) suffered or reasonably incurred by the relevant navigation authority to the extent that any losses are directly caused by—

(a) the construction of a river work or a temporary river work; or

(b) any act or omission of the undertaker or of its officers, employees, servants, contractors or agents whilst engaged in—

(i) the construction or carrying out of maintenance of the river work or a temporary river work; or

(ii) seeking to remedy any failure of the river work or a temporary river work.

(2) The relevant navigation authority must mitigate any loss it may suffer or incur as a result of an event that may give rise to a claim under sub-paragraph (1) and must, if requested by the undertaker, provide an explanation of how any claim under the indemnity in sub-paragraph (1) has been mitigated.

(3) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any losses referred to in that sub-paragraph to the extent that they are—

(a) attributable to the negligence or wilful misconduct of the relevant navigation authority or of its officers, employees, servants, contractors or agents; or

(b) not within the reasonable control of the undertaker or of its officers, employees, servants, contractors or agents.

(4) The relevant navigation authority must give to the undertaker notice in writing of any losses for which the undertaker may be liable under this paragraph 113 as soon as reasonably possible and no settlement or compromise of them may be made without the prior written consent of the undertaker which, if it notifies the relevant navigation authority that it desires to do so, shall have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand provided that no settlement or compromise of any such claim or demand shall be made without the consent of the relevant navigation authority (which shall not be unreasonably withheld). If consent is not given by the undertaker, the relevant navigation authority shall diligently defend such claim or demand.

Disputes

114

Any difference arising between the undertaker and the relevant navigation authority under this Part of this Schedule (other than a difference as to the meaning or construction of this Part of this Schedule) must be referred to and settled by arbitration in accordance with article 52 (arbitration).

PART 8 — FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

115

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

116

In this Part of this Schedule—

“the 2003 Act” means the Communications Act 2003;

“the code rights” has the same meaning as in the paragraph 3 of the electronic communications code[^f00117];

“electronic communications apparatus” has the same meaning as in the electronic communications code;

“the electronic communications code” has the same meaning as in Chapter 1 of Part 2 (networks, services and the radio spectrum) of the 2003 Act;

“electronic communications code network” means— so much of an electronic communications network or infrastructure system provided by an electronic communications code operator as is not excluded from the application of the electronic communication code by a direction under section 106 of the 2003 Act; and an electronic communications network which the undertaker is providing or proposing to provide;

“electronic communications code operator” means a person in whose case the electronic communication code is applied by a direction under section 106 of the 2003 Act;

“infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7(2) of that code; and

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

117

The exercise of the powers conferred by this Order is subject to Part 10 (undertaker’s works affecting electronic communications apparatus) of the electronic communications code.

118

(1) Subject to sub-paragraph (2) and paragraph 119 of this Part of this Schedule, if as a result of the authorised development or its construction, or of any subsidence resulting from any of the authorised development—

(a) any damage is caused to any electronic communications apparatus belonging to an operator (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposed of the authorised development), or other property of an operator; or

(b) there is any interruption in the supply of the service supplied by an operator,

the undertaker, must bear and pay the cost reasonably incurred by the operator in making good such damage or restoring the supply and make reasonable compensation to that operator for any other reasonable expense, loss, damages, penalty or costs incurred by it, by reason, or in consequence of, any such damage or interruption.

(2) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of an operator, its officers, servants, contractors or agents.

119

The operator must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise of the claim or demand is to be made without the consent of the undertaker and if such consent is withheld the undertaker has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

120

Any difference arising between the undertaker and the operator under this Part of this Schedule must be referred to and settled by arbitration under article 52 (arbitration).

121

This Part of this Schedule does not apply to—

(a) any apparatus in respect of which the relations between the undertaker and an operator are regulated by the provisions of Part 3 of the 1991 Act; or

(b) any damage, or any interruption, caused by electro-magnetic interference arising from the construction or use of the authorised development.

122

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 apparatus in land belonging to the undertaker on the date on which this Order is made.

PART 9 — FOR THE PROTECTION OF CAMBRIDGE WATER

123

For the protection of Cambridge Water the following provisions of this Part of this Schedule have effect unless otherwise agreed in writing between the undertaker and Cambridge Water.

124

This Part of this Schedule does not apply to apparatus in respect of which the relations between the undertaker and Cambridge Water are regulated by the provisions of Part 3 of the Water Industry Act 1991.

125

In this Part of this Schedule—

“alternative apparatus” means alternative apparatus adequate to enable Cambridge Water to fulfil its statutory functions in no less efficient a manner than previously;

“apparatus” means any works, mains, pipes or other apparatus belonging to or maintained by Cambridge Water for the purposes of water supply and any drain or works vested in Cambridge Water under the Water Industry Act 1991 and any sewer which is so vested in Cambridge Water or is the subject of a notice of intention to adopt by Cambridge Water given under section 102(4)[^f00118] (adoption of sewers and disposal works) of that Act or an agreement to adopt by Cambridge Water made under section 104[^f00119] (agreements to adopt sewer, drain or sewage disposal works, at future date) of that Act, and includes a sludge main, disposal main (within the meaning of section 219[^f00120] (general interpretation) of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works, and any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

“Cambridge Water” means Cambridge Water PLC (Company Registration Number 03175861) whose registered office is situated at 90 Fulbourn Road, Cherry Hinton, Cambridge, CB1 9JN and includes its successors in title or any successor in functions as a water undertaker within the meaning of the Water Industry Act 1991;

“functions” includes powers and duties;

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

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

“standard protection strips” means the strips of land falling the following distances to either side of the medial line of any relevant pipe or apparatus: 2.25 metres where the diameter of the pipe is less than 150 millimetres, 3.5 metres where the diameter of the pipe is between 150 and 450 millimetres, 5 metres where the diameter of the pipe is between 450 and 750 millimetres and 6 metres where the diameter of the pipe exceeds 750 millimetres.

Apparatus of Cambridge Water

126

The undertaker must not interfere with, build over or build within 6 metres of any apparatus within the Order land or execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus or execute any filling around the apparatus (where the apparatus is laid in a trench) within the standard protection strips unless otherwise agreed in writing with Cambridge Water.

127

If, in the exercise of the powers conferred by this Order, the undertaker requires the alteration, extension, removal or re-location of any apparatus, then that alteration, extension, removal or re-location of any apparatus must not be implemented by the undertaker until—

(a) any requirement for any permits under the Environmental Permitting (England and Wales) Regulations 2016 or other legislation and any other associated consents are obtained, and any approval or agreement required from Cambridge Water on alternative outfall locations as a result of such re-location are approved;

(b) the undertaker has made the appropriate application required under the Water Industry Act 1991 together with a plan and section of the works proposed and Cambridge Water has agreed all of the contractual documentation required under the Water Industry Act 1991; and

(c) Cambridge Water has been consulted upon the proposed position of the alternative apparatus and such consultation has given Cambridge Water no less than 60 days within which to respond,

and such works to be executed only in accordance with the plan, section and description submitted and in accordance with the written approval of, and such reasonable requirements as may be made by Cambridge Water for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and an officer of Cambridge Water is entitled to watch and inspect the execution of those works.

128

Regardless of any provision in this Order or anything shown on any plan, the undertaker must not acquire any apparatus otherwise than by agreement.

Acquisition of land

129

In the situation, where in exercise of the powers conferred by the Order, the undertaker acquires any interest in any land in which apparatus is placed, or which has the effect of impacting on any existing apparatus owned by Cambridge Water, and such apparatus is to be relocated, extended, removed or altered in any way, no alteration or extension can take place until the undertaker has given Cambridge Water written notice of that requirement and Cambridge Water has established to its reasonable satisfaction, contingency arrangement in order to conduct its functions for the duration of the works to relocate, extend, remove or alter the apparatus and for the avoidance of doubt the undertaker will indemnify Cambridge Water in respect of the costs of any such contingency arrangements reasonably required by Cambridge Water including any requirement to remove any existing apparatus.

130

Where the undertaker is notifying Cambridge Water of any proposed works under this Part of this Schedule then unless otherwise agreed between the parties, the following will be provided to Cambridge Water—

(a) the exact position of the works;

(b) the level at which they are proposed to be constructed, renewed or moved;

(d) the position of all apparatus including existing apparatus and apparatus to be retained;

(e) detailed drawings showing the alterations proposed to the apparatus; and

(f) any maintenance required.

131

Before extinguishing any existing rights for Cambridge Water to use, keep, inspect, renew and maintain its apparatus in the Order land, the undertaker must, with the agreement of Cambridge Water, create a new right to use, keep, inspect, renew and maintain the apparatus and such right must not be materially more onerous for Cambridge Water, such agreement not to be unreasonably withheld or delayed, and to be subject to arbitration under article 52 (arbitration).

Access

132

If in consequence of the exercise of the powers conferred by the Order the access to any apparatus is materially obstructed the undertaker must provide such alternative means of access to such apparatus as will enable Cambridge Water to maintain or use the apparatus no less effectively and no less onerously (including having regard to maintenance costs) than was possible before such obstruction.

Unmapped apparatus

133

If in consequence of the exercise of the powers conferred by the Order, previously unmapped lateral drains or other apparatus are identified by the undertaker, notification of the location of such assets will immediately be given to Cambridge Water and afforded the same protection as other Cambridge Water assets.

Costs

134

If for any reason or in consequence of the construction of any of the works referred to in paragraphs 129 to 131 and 133 of this Part of this Schedule any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in the view of Cambridge Water due to its intended removal for the purposes of those works) or property of Cambridge Water, or there is any interruption in any service provided, or in the supply of any goods, by Cambridge Water, the undertaker must—

(a) bear and pay the cost reasonably incurred by Cambridge Water in making good any damage or restoring the supply; and

(b) make reasonable compensation to Cambridge Water for any other expenses, loss, damages, penalty or costs incurred by Cambridge Water (and for the avoidance of doubt this shall include any costs incurred due to an interruption in service to customers),

by reason or in consequence of any such damage or interruption save that nothing in this paragraph 134 shall impose liability on the undertaker to the extent that such costs are attributable to the neglect or default of Cambridge Water, its officers, employees, contractors or other agents.

Expenses

135

(1) The undertaker must repay to Cambridge Water the expenses incurred by Cambridge Water in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any new apparatus (including costs or compensation payable in connection with the acquisition of land for that purpose) which may be required in consequence of the execution of any of the authorised works.

(2) There will be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Part of this Schedule and which is not re-used as part of the alternative apparatus, that value being calculated and determined by Cambridge Water after removal.

(3) If in accordance with the provisions of this Part of this Schedule—

(a) apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions (save where it is not possible in the circumstances (including due to statutory or regulatory changes) to obtain the existing type of apparatus at the same capacity and dimensions or place at the existing depth); or

(b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated,

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 by arbitration in accordance with article 52 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule 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, as the case may be, the amount which apart from this sub-paragraph would be payable to Cambridge Water by virtue of sub-paragraph (1) will be reduced by the amount of that excess save where it is not possible in the circumstances (including due to statutory or regulatory changes) to obtain the existing type of apparatus at the same capacity and dimensions or place at the existing depth in which case full costs will be borne by the undertaker.

(4) For the purposes of sub-paragraph (3)—

(a) an extension of apparatus to a length greater than the length of existing apparatus will not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and

(b) where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole will be treated as if it also had been agreed or had been so determined.

(5) An amount which apart from this sub-paragraph would be payable to Cambridge Water in respect of works by virtue of sub-paragraph (1) will, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on Cambridge Water 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.

Co-operation

136

Any approval of Cambridge Water required under this Part of this Schedule—

(a) must not be unreasonably withheld or delayed;

(b) must be given in writing; and

(c) will be deemed to have been given if neither given nor refused within 42 days of the receipt of the information for approval or, where further particulars are requested by Cambridge Water within 42 days of receipt of the information to which the request for further particulars relates.

PART 10 — FOR THE PROTECTION OF THE LEAD LOCAL FLOOD AUTHORITY

137

The following provisions apply for the protection of the lead local flood authority unless otherwise agreed in writing between the undertaker and the lead local flood authority.

138

In this Part of this Schedule—

“construction” includes execution, placing, altering, replacing, relaying, removing and excavation and “construct” and “constructed” are to be construed accordingly;

“ordinary watercourse” has the meaning given by section 72 (interpretation) of the Land Drainage Act 1991[^f00121];

“plans” includes sections, drawings, specifications, calculations, method statements and details of maintenance regimes;

“specified work” means so much of any work or operation authorised by this Order and the construction of any works authorised by this Part of this Schedule as is in, on, under, over or within 8 metres of an ordinary watercourse or is otherwise likely to affect any ordinary watercourse.

139

(1) Before beginning to construct any specified work, the undertaker must submit to the lead local flood authority plans of the specified work and such further particulars available to it as the lead local flood authority may within 2 months of the receipt of the plans reasonably request.

(2) Any such specified work must not be constructed except in accordance with such plans as may be approved pursuant to sub-paragraph (3), or determined under paragraph 143 of this Part of this Schedule.

(3) Any request for approval or refusal of the lead local flood authority under this paragraph 139—

(a) must not be unreasonably withheld or delayed;

(b) is deemed to have been approved if it is neither given nor refused within 2 months of the submission of the plans;

(d) may be given subject to such reasonable requirements as the lead local flood authority may make for the protection of any ordinary watercourse.

(4) Each time the lead local flood authority requests further information from the undertaker, the time period in sub-paragraph (3)(b) will begin to run again from receipt of the information by the lead local flood authority, save that the time period will be reduced to 28 days.

(5) The undertaker must include in any submission made to the lead local flood authority under this paragraph 139 a statement that the provisions of sub-paragraph (3)(b) and sub-paragraph (4) apply and if the submission fails to do it the provisions of sub-paragraph(3)(b) and sub-paragraph (4) will not apply.

(6) Any requirement made by the lead local flood authority under sub-paragraph (3)(d) may include—

(a) a requirement for the undertaker to carry out monitoring during the implementation of any de-watering scheme approved by the lead local flood authority under this paragraph 139; and

(b) a requirement for the undertaker not to prevent or materially restrict the lead local flood authority’s use of any access route during construction of the specified work or, where that is not possible owing to the nature of the work, a requirement for the undertaker to provide for use by the lead local flood authority during construction of the specified work a reasonably suitable alternative to the access route on land over which the undertaker has control or the ability to provide such alternative access.

140

Without limitation on the scope of paragraph 139 of this Part of this Schedule, but subject always to the provisions of that paragraph as to reasonableness, the requirements which the lead local flood authority may make under that paragraph include conditions requiring the undertaker at its own expense to construct such protective works, within the Order limits whether temporary or permanent, before or during the construction of the specified works (including the provision of walls or embankments or other new works and the strengthening, repair or renewal of existing banks, walls or embankments) as are reasonably necessary—

(a) to safeguard any ordinary watercourse against damage; or

(b) to secure that the risk of flooding is not otherwise increased,

by reason of any specified work.

(2) Subject to sub-paragraph (3), any specified work, and all protective works required by the lead local flood authority under this paragraph 140, must be constructed without unreasonable delay in accordance with the plans approved or deemed to have been approved or settled under this Part of this Schedule.

(3) The undertaker must give to the lead local flood authority not less than 14 days’ notice in writing of its intention to commence construction of any specified work and notice in writing of its completion not later than 24 hours after the date on which it is completed.

(4) If any part of a specified work or any protective work required by the lead local flood authority is constructed otherwise than in accordance with the requirements of this Part of this Schedule, the lead local flood authority 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 lead local flood authority in writing consents, such consent not to be unreasonably withheld or delayed) to remove, alter or pull down the work and, where removal is required, to restore the site to its former condition to such extent and within such limits as the lead local flood authority reasonably requires.

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

(6) In the event of any dispute as to whether sub-paragraph (4) is properly applicable to any work in respect of which notice has been served under that sub-paragraph, or as to the reasonableness of any requirement of such a notice, the lead local flood authority must not except in the case of an emergency exercise the powers conferred by sub-paragraph (5) until the dispute has been finally determined in accordance with paragraph 143 of this Part of this Schedule.

141

The undertaker must make reasonable compensation for costs, charges and expenses which the lead local flood authority may reasonably incur—

(a) in the examination or approval of plans under this Part of this Schedule;

(b) in inspecting the construction of the specified work or any protective works required by the lead local flood authority under this Part of this Schedule; and

(c) in carrying out any surveys or tests by the lead local flood authority which are reasonably required in connection with the construction of the specified work.

142

(1) The undertaker must make reasonable compensation for liabilities, costs and losses which may be reasonably incurred or suffered by the lead local flood authority by reason of—

(a) the construction of any specified works comprised within any work or operation or any associated maintenance authorised by this Order; or

(b) any act or omission of the undertaker, its employees, contractors or agents or others while engaged upon the construction of any work or operation or any associated maintenance authorised by this Order.

(2) The lead local flood authority must give to the undertaker reasonable notice of any such claim or demand and afford the undertaker the opportunity to take conduct of such claims and demands.

(3) The undertaker may at its own expense and if it elects to do so, conduct all negotiations for the settlement of any such claim and have conduct of any litigation that may arise therefrom.

(4) The lead local flood authority must not compromise or settle any such claim or make any admission which might be prejudicial to the claim without the agreement of the undertaker which agreement must not be unreasonably withheld or delayed.

(5) The lead local flood authority will, having regard to its statutory functions, at all times take reasonable steps to prevent and mitigate any such claims, demands, proceedings, costs, damages, expenses or losses.

(6) The lead local flood authority will, at the request of the undertaker and having regard to its statutory functions, afford all reasonable assistance for the purpose of contesting any such claim or action, and it entitled to be repaid its reasonable expenses reasonably incurred in so doing.

(7) The fact that any work or thing has been executed or done by the undertaker in accordance with a plan approved or deemed to be approved by the lead local flood authority, or to its satisfaction, or in accordance with any directions or award of an arbitrator, does not relieve the undertaker from, any liability under this Part of this Schedule.

(8) Nothing in sub-paragraph (1) imposes any liability on the undertaker in respect of any liabilities, costs or losses attributable to the neglect or default of the lead local flood authority, its officers, servants, contractors or agents.

143

Any dispute arising between the undertaker and the lead local flood authority under this Part of this Schedule is to be determined by arbitration under article 52 (Arbitration).

SCHEDULE 16 — REMOVAL OF HEDGEROWS

PART 1 — REMOVAL OF HEDGEROWS

(1) Plan	(2) Hedgerow
hedgerow regulations and tree preservation plans – sheet 1 (Document number 4.8.1 as described in column (2) of Schedule 18)	hedgerow shown with an orange line between point H1 and point 2 H2
hedgerow regulations and tree preservation plans – sheet 1 (Document number 4.8.1 as described in column (2) of Schedule 18)	hedgerow shown with an orange line between point H3 and point H4
hedgerow regulations and tree preservation plans – sheet 3 (Document number 4.8.3 as described in column (2) of Schedule 18)	hedgerow shown with an orange line between point H7 and point H8
hedgerow regulations and tree preservation plans – sheet 3 (Document number 4.8.3 as described in column (2) of Schedule 18)	hedgerow shown with an orange line between point H9 and point H10
hedgerow regulations and tree preservation plans – sheet 3 (Document number 4.8.3 as described in column (2) of Schedule 18)	hedgerow shown with an orange line between point H11 and point H12
hedgerow regulations and tree preservation plans – sheet 3 (Document number 4.8.3 as described in column (2) of Schedule 18) and sheet 4 (Document number 4.8.4 as described in column (2) of Schedule 18)	hedgerow shown with an orange line between point H13 and point H14
hedgerow regulations and tree preservation plans – sheet 3 (Document number 4.8.3 as described in column (2) of Schedule 18)	hedgerow shown with an orange line between point H15 and point H16
hedgerow regulations and tree preservation plans – sheet 3 (Document number 4.8.3 as described in column (2) of Schedule 18)	hedgerow shown with an orange line between point H17 and point H18
hedgerow regulations and tree preservation plans – sheet 6 (Document number 4.8.6 as described in column (2) of Schedule 18)	hedgerow shown with an orange line between point H19 and point H20
hedgerow regulations and tree preservation plans – sheet 7 (Document number 4.8.7 as described in column (2) of Schedule 18)	hedgerow shown with an orange line between point H21 and point H22
hedgerow regulations and tree preservation plans – sheet 3 (Document number 4.8.3 as described in column (2) of Schedule 18)	hedgerow shown with an orange line between points H29 and H30

PART 2 — REMOVAL OF IMPORTANT HEDGEROWS

(1) Plan	(2) Important Hedgerow
hedgerow regulations and tree preservation plans – sheet 2 (Document number 4.8.2 as described in column (2) of Schedule 18)	hedgerow shown with a pink line between point H5 and point H6
hedgerow regulations and tree preservation plans – sheet 10 (Document number 4.8.10 as described in column (2) of Schedule 18)	hedgerow shown with a pink line between point H25 and point H26
hedgerow regulations and tree preservation plans – sheet 10 (Document number 4.8.10 as described in column (2) of Schedule 18)	hedgerow shown with a pink line between point H27 and point H28

SCHEDULE 17 — MISCELLANEOUS CONTROLS

Introduction

1

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[^f00122] (restriction on planting trees etc in or near carriageway) of the 1980 Act shall not apply to any tree or shrub planted in the course of the authorised development before completion of construction.

(2) Section 167[^f00123] (powers relating to retaining walls near streets) of that Act shall not apply in relation to—

(a) the erection of a wall in the course of the authorised development before completion of construction; or

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

(3) Sections 169(1) (control of scaffolding on highways) 172[^f00124] (hoardings to be set up during building etc) and 173[^f00125] (hoardings to be securely erected) of that Act shall not apply to anything done in the course of the authorised development before completion of construction.

Party Wall etc Act 1996

3

(1) No notice under section 1(2) or (5) (notice before building on line of junction with adjoining land) of the Party Wall etc Act 1996[^f00126] shall be required before the building of any wall in the course of the authorised development before completion of construction.

(2) Sections 1(6) (underpinning of adjoining buildings) and 2 (repair etc. of party wall: rights of owner) of the Party Wall etc Act 1996 shall not apply in relation to—

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

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

(3) Section 6 (adjacent excavation and construction) of the Party Wall etc Act 1996 shall not apply in relation to a proposal to excavate. or excavate to erect anything in the course of the authorised development before completion of construction.

Planning Act 2008 – Application of the 2010 Regulations (Community infrastructure Levy)

4

This Order shall not constitute a planning permission for the purpose of Part 11 (community infrastructure levy) of the 2008 Act notwithstanding the definition of planning permission contained within regulation 5 (meaning of planning permission) of the Community Infrastructure Levy Regulations 2010[^f00127].

Town and Country Planning Act 1990

5

(1) Any development, or any part of a development, within the Order limits which is constructed or used under the authority of a planning permission pursuant to Part 3 (control over development) of the 1990 Act (whether express or otherwise) following the coming into force of this Order is to be disregarded at all times for the purposes of ascertaining whether or not an offence has been committed under the provisions of sections 160[^f00128] (development without development consent) and 161[^f00129] (breach of terms of order granting development consent) of the 2008 Act and such development or planning permission shall not at any time be construed as preventing the further construction, maintenance or use of the authorised development (or any part of it) in accordance with this Order.

(2) Sections 238[^f00130] and 239 (consecrated land and burial grounds) of the 1990 Act shall apply—

(a) in relation to land, other than a right over land, acquired for the purposes of the authorised development (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 development) and 36 (temporary use of land for maintaining the authorised development), 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.

Flood and Water Management Act 2010

6

Section 30 (designation of features) and Schedule 1 (risk management: designation of features) of the Flood and Water Management Act 2010[^f00131] shall not apply in relation to the authorised development.

Control of Pollution Act 1974

7

(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 development and works before completion of construction then that local authority must also have regard to the noise levels referred to in the environmental statement 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 development.

(3) Section 61(9)[^f00132] of the Control of Pollution Act 1974 does not apply where the consent relates to the use of premises by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development.

Burial Act 1857

8

Section 25 (offence of removal of body from burial ground) of the Burial Act 1857[^f00133] shall not apply to the authorised development.

SCHEDULE 18 — CERTIFICATION OF PLANS AND DOCUMENTS

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The Cambridge Waste Water Treatment Plant Relocation Order 2025

Programme and method statement/commencement of the specified works

81

Deviations from approved programme and method statement and traffic management proposals

82

Completion of the works

83

Access, inspection and testing

84

Inspection and testing (covered work and foundations)

85

Statutory undertakers (highways)

86

Progress of the specified works

87

Provisional Certificate of Completion

88

Maintenance and defects correction

89

Stage 4 safety audit

90

Final Certificate

91

Indemnity

92

Insurance

93

Variation to council specification and approved drawings

94

Default

95

CDM Regulations

96

Telecommunications apparatus

97

Commuted sum and asset fees

98

Safety Audit Costs

99

Cash Deposit

100

Dispute provisions

101

Documents submitted for approval

102

Agreement Fee

103

Additional technical vetting costs

104

Submissions of Drawings

105

As built drawings

106

PART 7 — FOR THE PROTECTION OF THE RELEVANT NAVIGATION AUTHORITY

107

108

River works

109

Details for approval

110

Intention to commence Work No. 31 and Work No. 32

111

Expenses

112

Indemnity

113

Disputes

114

PART 8 — FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

115

116

117

118

119

120

121

122

PART 9 — FOR THE PROTECTION OF CAMBRIDGE WATER

123

124