SCHEDULES

SCHEDULE 14PROTECTIVE PROVISIONS

PART 10FOR THE PROTECTION OF PORT OF TILBURY LONDON LIMITED

Approval of plans

131.—(1) The undertaker must, before the exercise, or carrying out of any specified function or specified work, supply to PoTLL proper and sufficient plans of that work or function for the approval of PoTLL, acting reasonably, and the specified function must not be exercised or the specified work must not begin except in accordance with such plans as have been approved in writing by PoTLL or settled pursuant to paragraph 150 (disputes) of this Part of this Schedule.

(2) Before approving plans provided under sub-paragraph (1), PoTLL may require the undertaker to supply it with such further information as PoTLL considers (acting reasonably) to be necessary to determine whether to grant approval but such a request must be made within 28 days of the date on which plans have been supplied to PoTLL under sub-paragraph (1).

(3) The approval of PoTLL under sub-paragraph (1) must not be unreasonably withheld but may be given subject to such reasonable conditions as PoTLL may make for the protection of the Port (outside of the land which is the subject of the plan submitted under sub-paragraph (1)), navigation and current and permitted future vehicular access to it, and its ability to carry out dredging to facilitate vessel access to the Port and to facilitate the effective and cost-efficient future development of the Port provided that such conditions must not, if implemented, give rise to a breach of this Order.

(4) When imposing conditions on any approval given under sub-paragraph (1), PoTLL may specify any reasonably necessary protective works (whether temporary or permanent) that must be carried out before the carrying out of a specified work to minimise, to the extent reasonably practicable, the impact on PoTLL’s undertaking, and such protective works as may be reasonably necessary for those purposes must be constructed either by PoTLL at the expense of the undertaker, such costs to be agreed by the undertaker prior to construction, or by the undertaker at its own expense, in either case to be undertaken to a programme agreed between the undertaker and PoTLL, both parties acting reasonably.

(5) The undertaker must carry out any specified function or specified work and any protective works required under sub-paragraph (4) in accordance with the plans approved under sub-paragraph (1) or settled pursuant to paragraph 150 (disputes) of this Part of this Schedule.

(6) PoTLL is entitled at all reasonable times, on giving such notice as may be reasonable in the circumstances, to inspect and survey the specified works and the protective works and the undertaker must provide all reasonable facilities to enable that inspection and survey to take place and, if the person duly appointed by PoTLL is of the opinion, acting reasonably, that the construction of the work poses danger to any property of the Port or persons within the Port, the undertaker must adopt such measures and precautions as may be reasonably practicable for the purpose of preventing any damage or injury.

(7) If, by the end of the period of 28 days beginning with the date on which plans (or any subsequent information reasonably requested in accordance with sub-paragraph (2)) have been supplied to PoTLL under sub-paragraph (1), PoTLL has not approved or intimated disapproval of those plans and the grounds of disapproval, PoTLL is deemed to have approved the plans as submitted.

(8) Where an approval is provided under this paragraph, the undertaker will be deemed to have a reasonable excuse for the purposes of paragraph 4(4) of Schedule 7 to the Port of Tilbury (Expansion) Order 2019(1), and no proceedings will be brought by PoTLL in pursuance of those byelaws, when the undertaker carries out the specified work or protective work or specified function in accordance with an approval.