SCHEDULES

SCHEDULE 14PROTECTIVE PROVISIONS

PART 11FOR THE PROTECTION OF LOCAL HIGHWAY AUTHORITIES

Design input and commencement

schedule 14 paragraph 153 + 153.—(1) The undertaker must allow and facilitate an appropriately qualified person or persons duly appointed by the relevant local highway authority (each being a “nominated officer”) to participate in the design process for the detailed design for the works and must have reasonable regard to any representations of the nominated officer in finalising its detailed design proposal.

(2) Participation under sub-paragraph (1) will be in the form of invitations (given at least 10 business days in advance and sent by email) to attend design meetings relating to relevant works and the provision to the nominated officer of such drawings, cross/long sections, design proposals and other information as is reasonably required to allow the nominated officer to provide an informed response on the detailed design proposals to the undertaker.

(3) The nominated officer will have no fewer than 10 business days from the date on which the undertaker supplies information pursuant to sub-paragraph (2) to provide the undertaker with any comments upon any information provided to that officer pursuant to sub-paragraph (2).

(4) No part of the works may commence until the undertaker has provided to the relevant local highway authority the detailed information relating to that part of the works (without prejudice to the undertaker providing parts of the detailed information insofar as it relates to the operation of the local highway at a later date provided the provision of that information is subject to this sub-paragraph and sub-paragraphs (5) to (7)).

(5) The undertaker will give the relevant local highway authority at least 10 business days to comment and provide representations by email on the detailed information provided to it under sub-paragraph (4).

(6) The undertaker must have reasonable regard to any comments, representations and recommendations made by the relevant local highway authority under sub-paragraph (5) and will provide the relevant local highway authority with reasons for non-acceptance of any representation or recommendation as soon as reasonably practicable upon receipt of a request from the relevant local highway authority in writing within 10 business days of its decision.

(7) The works must not be carried out except in accordance with the detailed information (but subject to the process in sub-paragraphs (4) and (5) or as otherwise may be agreed between the undertaker and the relevant local highway authority.

(8) This paragraph does not apply to the works to the extent the undertaker and the local highway authority agree (acting reasonably) that a permit issued under a permit scheme applies to the works.

(9) This paragraph does not apply to the works to the extent they are subject to clause PRO.07 of the design principles, and to the extent they are not subject to that clause of the design principles, without limitation, the undertaker is able to refuse implementation of any representation or recommendation made under this paragraph where it would cause an inconsistency with the outcome of process secured under that clause of the design principles.

(10) For the avoidance of doubt and without limitation, the undertaker may refuse to implement any comment or representation made under sub-paragraphs (1) or (5) which would cause a breach of this Order, conflict with a permit issued under a permit scheme or would entail materially new or materially different environmental effects from those reported in the environmental statement).