SCHEDULES
SCHEDULE 14PROTECTIVE PROVISIONS
PART 8FOR THE PROTECTION OF THE PORT OF LONDON AUTHORITY
Design of, and coordination of, tunnelling works to ensure existing and future use of river Thames
99.—(1) The detailed design and construction of the tunnelling works in the river Thames must—
(a)provide for a protected dredged navigational channel depth of 12.5m below chart datum with an additional 0.5m to allow for over-dredging attributable to standard dredging methodology;
(b)ensure that that channel depth can be maintained where scour protection is required; and
(c)take into account the need to protect the existing and future use of the river Thames, including reasonable mitigation of risks to the river Thames and the functions of the PLA during construction of the tunnelling works and operation of the authorised development.
(2) The undertaker must, in a timely manner, consult with the PLA in relation to matters related to or may affect their functions—
(a)when preparing the detailed design and construction methodology of the tunnelling works under the river Thames, on—
(i)the construction methodology for those works insofar as relevant to the existing and future use of the river Thames and the PLA’s functions;
(ii)the measures to be taken in connection with those works, including in respect of unexploded ordnance in the river Thames having regard to the need to protect the existing and future use of the river Thames; and
(b)during construction of the tunnelling works under the river Thames, on such matters regarding those works as the PLA may reasonably request including, but not limited to, tunnel monitoring, construction and baseline monitoring data.
(3) The undertaker must have reasonable regard to any representations made by the PLA under sub-paragraph (2) and provide a written account of how any such representations have been taken into account.
(4) Where the PLA are not reasonably satisfied in relation to the written account provided in relation to the matters under sub-paragraph (2)(a)(ii), the senior representatives from the PLA and the undertaker must seek to resolve the dispute through a meeting between the parties promptly and in any event within 10 business days, and if the PLA is not reasonably satisfied following that meeting it may within 20 business days of the specified day, notify the undertaker that the PLA is in dispute with the undertaker and accordingly refer the matter to arbitration under paragraph 116 (disputes) to review the measures to be implemented having regard to protecting the existing and future use of the river Thames.
(5) Unless sub-paragraph (6) applies, in the event that a matter is referred to arbitration under sub-paragraph (4), the undertaker must not begin any tunnelling work to which a dispute under sub-paragraph (4) relates until such arbitration is settled by the arbitrator (and where sub-paragraph (6) applies, the arbitrator must ensure its decision does not conflict with the Secretary of State’s decision under that sub-paragraph).
(6) This sub-paragraph applies where the undertaker provides the Secretary of State with PLA’s representations, and the written account required under sub-paragraph (3), and the Secretary of State agrees any tunnelling work to which a dispute under sub-paragraph (4) relates can begin.
(7) The undertaker must, no later than three months prior to the expected commencement of the tunnelling works, provide the PLA with a point of contact for continuing liaison and co-ordination throughout the construction of the tunnelling works and the undertaker must notify the PLA of the date of—
(a)the tunnelling works beginning as soon as reasonably practicable and, in any event, 28 days prior to beginning of those works;
(b)the completion of the tunnelling works as soon as reasonably practicable after the completion of those works;
(c)the beginning and end of construction of each of the tunnel bore for northbound traffic, the tunnel bore for southbound traffic and each cross-passage connecting the two tunnels;
(d)any suspension or resumption of tunnelling works which may affect the PLA’s functions; and
(e)any changes to the planned tunnelling works which may affect the PLA’s functions.
(8) In this paragraph, “construction methodology” includes construction methods and measures for management of construction risks.