PART 7MISCELLANEOUS AND GENERAL

Financial arrangements for the Kent Downs National Landscape

65.—(1) The undertaker, Natural England and the Kent Downs National Landscape Unit (“the parties”) are to agree in writing the financial contribution to be made available by the Applicant for the benefit of the Kent Downs National Landscape having regard to the amended duty under section 85 of the Countryside and Rights of Way Act 2000(1).

(2) The agreement referred to in paragraph (1) is to be made prior to the commencement of the authorised development or the tunnel being open for use, whichever is the earlier.

(3) The financial contribution referred to in paragraph (1) is not to duplicate previously agreed mitigation or compensation measures already recorded in the SACR.

(4) The financial contribution referred to in paragraph (1) is to be used in accordance with the Kent Downs AONB Management Plan or any superseding document.

(5) If agreement is not reached regarding the financial contribution, the parties are to agree that the matter is referred to an agreed independent assessor or arbitrator, or failing agreement to be appointed on the application of any of the parties (after giving notice to the other parties) by the President of the Institution of Civil Engineers (“the President”).

(6) The parties are to agree a timetable with, and the provision of papers and documents to, the agreed independent assessor or arbitrator or with the arbitrator appointed by the President.

(7) The costs of the consideration of the financial contribution (referred to in paragraph (1)) by the agreed independent assessor or arbitrator, or the arbitrator appointed by the President, is to be paid by the undertaker.

(8) The reasonable costs of the Kent Downs National Landscape Unit is to be agreed between the parties and paid by the undertaker.

(9) The agreed independent assessor or arbitrator or the arbitrator appointed by the President is to prepare a recommendation regarding the appropriate level of the financial contribution referred to in paragraph (1).The recommendation referred to in paragraph (7) is to be submitted to the Secretary of State by the undertaker together with any supporting papers and documents provided to the agreed independent assessor or arbitrator or arbitrator appointed by the President.

(10) In relation to the recommendation, the Secretary of State may—

(a)approve the recommendation;

(b)refuse the recommendation; or

(c)modify the recommendation in such way as the Secretary of State thinks fit.

(11) The undertaker is required to amend the SACR so as to record—

(a)the written agreement regarding the financial contribution referred to in paragraph (1); or

(b)the outcome of the approved or modified recommendation,

before it is submitted for certification to the Secretary of State in accordance with article 62