SCHEDULES
SCHEDULE 14PROTECTIVE PROVISIONS
PART 8FOR THE PROTECTION OF THE PORT OF LONDON AUTHORITY
Approval of detailed design (excluding the tunnelling works)
schedule 14 paragraph 98 98.—(1) The undertaker must not exercise any specified function or begin the construction of any specified work until plans of the work or function have been approved in writing by the PLA, but the PLA’s approval is not required under this paragraph for any tunnelling works forming part of a specified work.
(2) The undertaker must submit to the PLA plans of the specified work or specified function and such further particulars as the PLA may, within 20 business days starting with the day on which the plans are submitted under this sub-paragraph, reasonably require, and the particulars so supplied are to provide all information necessary to enable the PLA to determine whether approval should be given and, if so, whether conditions should be imposed.
(3) Insofar as the plans submitted under sub-paragraph (2) include a navigational risk assessment, the undertaker must consult the Port of Tilbury London Limited on that assessment prior to submission under sub-paragraph (2) and that assessment must be in all material respects in accordance with the preliminary navigational risk assessment (including where relevant the incorporation of embedded risk controls and additional risk controls identified in the preliminary navigational risk assessment) unless otherwise agreed by the PLA.
(4) Any approval of the PLA required under this paragraph must not be unreasonably withheld but may be given subject to such reasonable modifications, terms and conditions as the PLA may make for the protection of—
schedule 14 paragraph 98 4 a (a)traffic in, or the flow or regime of, the river Thames;
schedule 14 paragraph 98 4 b (b)the use of its land, or the river Thames, for the purposes of performing its functions; or
schedule 14 paragraph 98 4 c (c)the performance of any of its functions connected with environmental protection.
(5) Requirements made under sub-paragraph (4) may include conditions as to—
schedule 14 paragraph 98 5 a (a)the proposed location of any temporary work and its dimensions or the location where the specified function is proposed to be exercised;
schedule 14 paragraph 98 5 b (b)the programming of temporary works or the exercise of the specified function including the timing and management of giving up temporary possession;
schedule 14 paragraph 98 5 c (c)the removal of any temporary works and the undertaking by the undertaker of any related work or operation that the PLA considers to be necessary for the purpose of removing or preventing any obstruction to navigation;
schedule 14 paragraph 98 5 d (d)the relocation, provision and maintenance of works, moorings, apparatus and equipment necessitated by the specified work or specified function; and
schedule 14 paragraph 98 5 e (e)the expiry of the approval if the undertaker does not commence construction or carrying out of the approved specified work or exercise of the specified function within a prescribed period.
(6) An application for approval under this paragraph is deemed to have been refused if it is neither given nor refused within 30 business days of the specified day.
(7) An approval of the PLA under this paragraph is not deemed to have been unreasonably withheld if approval within the time limited by sub-paragraph (6) has not been given pending the outcome of any consultation on the approval in question that the PLA is obliged to carry out in the proper exercise of its functions.
(8) The undertaker must carry out all operations for the construction of any specified work or the specified function without unnecessary delay and to the reasonable satisfaction of the PLA so that traffic in, or the flow or regime of, the river Thames, and the exercise of the PLA’s functions, do not suffer more interference than is reasonably practicable. The PLA is entitled at all reasonable times, on giving such notice as may be reasonable in the circumstances, to inspect and survey those operations and the undertaker must provide all reasonable facilities to enable that inspection and survey to take place.
term specified day (9) In this paragraph, “specified day” means—
schedule 14 paragraph 98 9 a (a)the day on which the plans of the specified work or specified function referred to in sub-paragraph (2) are provided to the PLA; or
schedule 14 paragraph 98 9 b (b)the day on which the undertaker provides the PLA with the further particulars requested by the PLA under sub-paragraph (2),
whichever is later.