SCHEDULES
SCHEDULE 15PROTECTIVE PROVISIONS
PART 10FOR THE PROTECTION OF THE LEAD LOCAL FLOOD AUTHORITY
schedule 15 paragraph 139 139.—(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—
schedule 15 paragraph 139 3 a (a)must not be unreasonably withheld or delayed;
schedule 15 paragraph 139 3 b (b)is deemed to have been approved if it is neither given nor refused within 2 months of the submission of the plans;
schedule 15 paragraph 139 3 c (c)in the case of a refusal, must be accompanied by a statement of the grounds of refusal; and
schedule 15 paragraph 139 3 d (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—
schedule 15 paragraph 139 6 a (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
schedule 15 paragraph 139 6 b (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.