SCHEDULES

SCHEDULE 8PROTECTIVE PROVISIONS

PART 6FOR THE PROTECTION OF LOCAL HIGHWAY AUTHORITIES

Application, etc.

53.—(1) The provisions of this Part of this Schedule apply for the protection of local highway authorities unless otherwise agreed in writing between the undertaker and a relevant highway authority.

(2) An agreement for the purpose of sub-paragraph (1) includes, but is not limited to, an agreement made under article 17 (agreements with street authorities) of this Order, or under the 1980 Act.

(3) Any approval or consent of a local highway authority required under this Part of this Schedule—

(a)must not be unreasonably withheld or delayed;

(b)must be given in writing;

(c)in the case of a refusal must be accompanied by a statement of grounds for refusal; and

(d)may be subject to any conditions as the local highway authority reasonably considers necessary.