SCHEDULES

SCHEDULE 15PROTECTIVE PROVISIONS

PART 5FOR THE PROTECTION OF NATIONAL HIGHWAYS LIMITED

Prior approvals and security

60.—(1) The specified works must not commence until in respect of that part of the specified work, save where an item in (a) to (j) is agreed by National Highways and the undertaker as not being relevant to that part of the specified works—

(a)a stage 1 and stage 2 road safety audit has been carried out and all recommendations raised by them or any exceptions are approved by National Highways;

(b)the programme of works has been approved by National Highways;

(c)the detailed design of the specified works comprising of the following details, insofar as considered relevant by National Highways, has been submitted to and approved by National Highways—

(i)the detailed design information, incorporating all recommendations and any exceptions approved by National Highways under sub-paragraph (a);

(ii)details of the proposed road space bookings;

(iii)the identity and qualification of the contractor and nominated persons;

(iv)a process for stakeholder liaison, with key stakeholders to be identified and agreed between National Highways and the undertaker; and

(v)information demonstrating that the walking, cycling and horse riding assessment and review process undertaken by the undertaker in relation to the specified works has been adhered to in accordance with DMRB GG142 - Designing for walking, cycling and horse riding.

(d)a scheme of traffic management has been submitted by the undertaker and approved by National Highways such scheme to be capable of amendment by agreement between the undertaker and National Highways from time to time;

(e)stakeholder liaison has taken place in accordance with the process for such liaison agreed between the undertaker and National Highways under sub-paragraph (c)(iv) above;

(f)National Highways has approved the audit brief and CVs for all road safety audits and exceptions to items raised in accordance with the road safety audit standard;

(g)the undertaker has agreed the estimate of the commuted sum with National Highways;

(h)the scope of all maintenance operations (routine inspections, incident management, reactive and third party damage) to be carried out by the undertaker during the construction of the specified works (which must include winter maintenance) has been agreed in writing by National Highways;

(i)the undertaker has procured to National Highways warranties from the contractor and designer of the specified works in favour of National Highways to include covenants requiring the contractor and designer to exercise all reasonable skill, care and diligence in designing and constructing the specified works, including in the selection of materials, goods, equipment and plant; and

(j)the condition survey and a reasonable regime of monitoring of any National Highways assets or structures that are the subject of the condition survey has been agreed in writing by National Highways.

(2) The undertaker must not exercise—

(a)article 5 (maintenance of authorised development);

(b)article 12 (temporary stopping up of streets);

(c)article 17 (traffic regulation);

(d)article 19 (discharge of water);

(e)article 20 (protective works to buildings and structures);

(f)article 21 (authority to survey and investigate the land);

(g)article 23 (felling or lopping trees and removal of hedgerows);

(h)article 35 (temporary use of land for carrying out the authorised development); or

(i)article 36 (temporary use of land for maintaining the authorised development) of this Order,

over any part of the strategic road network without the consent of National Highways, and National Highways may in connection with any such exercise require the undertaker to provide details of any proposed road space bookings and/or submit a scheme of traffic management for National Highways’ approval.

(3) National Highways must prior to the commencement of the specified works or the exercise of any power referenced in sub-paragraph (2) inform the undertaker of the identity of the person who will act as a point of contact on behalf of National Highways for consideration of the information required under sub-paragraphs (1) or (2).

(4) Any approval of National Highways required under this paragraph 60—

(a)must not be unreasonably withheld;

(b)must be given in writing;

(c)shall be deemed to have been refused if neither given nor refused within 2 months of the receipt of the information for approval or, where further particulars are requested by National Highways within 2 months of receipt of the information to which the request for further particulars relates; and

(d)may be subject to any conditions as National Highways considers necessary.

(5) National Highways must provide the undertaker with a list, which is to be agreed between the parties acting reasonably, of all the structures, assets and pavements to be subject to both a condition survey and reasonable regime of monitoring pursuant to sub-paragraph (1)(j) before the first condition survey is conducted and the reasonable regime of monitoring is implemented.