SCHEDULES

SCHEDULE 14PROTECTIVE PROVISIONS

PART 8FOR THE PROTECTION OF THE PORT OF LONDON AUTHORITY

Removal of temporary works

103.—(1) On completion of the construction of the whole or any part of a permanent specified work, the undertaker must—

(a)as soon as reasonably practicable after such completion seek approval under paragraph 98 (approval of detailed design (excluding the tunnelling works)) for the removal required by paragraph (b); and

(b)as soon as reasonably practicable after the grant of that approval under paragraph 98 remove—

(i)in the case of completion of part of a permanent specified work, any temporary tidal work (other than a residual structure) carried out only for the purposes of that part of the permanent specified work;

(ii)on completion of all the specified works, any remaining temporary tidal work (other than a residual structure); and

(c)in either case, any materials, plant and equipment used for such construction,

and make good the site to the reasonable satisfaction of the PLA.

(2) Without limitation to paragraph (1), the undertaker must as soon as reasonably practicable seek approval under paragraph 98 for the removal of the temporary outfall in the river Thames and any structure installed in connection with ground investigations in the river Thames where the use of that outfall or structure is no longer necessary in connection with the construction of the authorised development, and as soon as practicable after the grant of that approval must remove that outfall and structure and make good the site to the reasonable satisfaction of the PLA.

(3) For the purposes of the undertaker making good the site in accordance with sub-paragraph (1)(b), the PLA may require that—

(a)any residual structure is cut off by the undertaker at such level below the bed of the river Thames as the PLA may reasonably direct; and

(b)the undertaker takes such other steps to make the residual structure safe as the PLA may reasonably direct.

(4) As soon as reasonably practicable after the undertaker has complied with the PLA’s requirements under sub-paragraphs (1), (2) and (3) in relation to any residual structure, the PLA must grant the undertaker a works licence for that structure under section 66 (licensing of works) of the 1968 Act, and the terms of the licence are to reflect such requirements.

(5) For the avoidance of doubt, article 53 (disapplication of legislative provisions, etc.) will not apply to a residual structure which will, accordingly, be subject to sections 66 to 75 (lands above mean high water level) of the 1968 Act.

(6) In this paragraph—

“residual structure” means any part of a temporary tidal work that the PLA agrees cannot reasonably be removed by the undertaker on completion of the construction of the permanent specified works; and

“tidal work” means any specified work any part of which is, or may be, or, in, under or over the surface of land below the level of mean high water forming part of the river Thames.