SCHEDULES

SCHEDULE 15PROTECTIVE PROVISIONS

PART 6FOR THE PROTECTION OF LOCAL HIGHWAY AUTHORITIES

Prior approvals and security

79.—(1) The specified works must not commence until in respect of that part of the specified works—

(a)the quantum of the cash deposit and the works estimate have been agreed with the local highway authority;

(b)the local highway authority has approved in writing the detailed design of the relevant part(s) of the specified works , the specification and the approved drawings;

(c)the local highway authority has agreed the approved programme and method statement and traffic management proposals;

(d)the commencement notice and the third party notices have been served by the undertaker on the local highway authority;

(e)the undertaker has obtained all necessary consents under the 1991 Act and the Traffic Management Act 2004 (as applicable);

(f)All matters relating to the stage 2 safety audit have been fully resolved to the satisfaction of the overseeing organisation;

(g)a condition survey of the existing local highway for a distance of not less than 50 metres either side of the centreline of the specified works has been undertaken by the undertaker in the presence of an officer of the local highway authority.

(2) If within 40 working days after each and every submission of the details for each and every part of the specified works required to be submitted for approval pursuant to sub-paragraph (1) by the undertaker the local highway authority has not approved or refused them, it is deemed to have approved the details as submitted.

(3) If the local highway authority refuses the details submitted to it under this paragraph 79 at any time, it shall provide with such refusal the reasons therefor.

(4) The procedure specified in this paragraph 79 shall be repeated until such time as the relevant details are approved (or deemed approved) by the local highway authority.

(5) The undertaker must include in any submission made to the local highway authority under this paragraph 79 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.