SCHEDULES

SCHEDULE 8PROTECTIVE PROVISIONS

PART 5FOR THE PROTECTION OF NATIONAL HIGHWAYS LIMITED

Prior approvals and security

schedule 8 paragraph 39 + 39.—(1) The specified works must not commence until—

schedule 8 paragraph 39 1 a + (a)a stage 1 and stage 2 road safety audit has been carried out and all recommendations raised by them or any exceptions are approved by National Highways;

schedule 8 paragraph 39 1 b + (b)the programme of works has been approved by National Highways;

schedule 8 paragraph 39 1 c + (c)the detailed design of the specified works comprising of the following details, insofar as considered relevant by National Highways, has been submitted to and approved by National Highways—

schedule 8 paragraph 39 1 c i + (i)the detailed design information, incorporating all recommendations and any exceptions approved by National Highways under sub-paragraph (a);

schedule 8 paragraph 39 1 c ii + (ii)details of the proposed road space bookings with National Highways;

schedule 8 paragraph 39 1 c iii + (iii)the identity of the contractor and nominated persons;

schedule 8 paragraph 39 1 c iv + (iv)to the extent that this is not provided for in the Construction and Traffic Management Plan, a process for stakeholder liaison, with key stakeholders to be identified and agreed between National Highways and the undertaker;

schedule 8 paragraph 39 1 c v + (v)information demonstrating that the walking, cycling and horse riding assessment and review process undertaken by the undertaker in relation to the specified works has been adhered to in accordance with DMRB GG142 – Designing for walking, cycling and horse riding;

schedule 8 paragraph 39 1 d + (d)to the extent that this is not provided for in the Construction and Traffic Management Plan, a scheme of traffic management relating to traffic management on the strategic road network has (where relevant) been submitted by the undertaker and approved by National Highways such scheme to be capable of amendment by agreement between the undertaker and National Highways from time to time;

schedule 8 paragraph 39 1 e + (e)stakeholder liaison has (where relevant) taken place in accordance with the process for such liaison agreed between the undertaker and National Highways under sub-paragraph (c)(iv);

schedule 8 paragraph 39 1 f + (f)National Highways has approved the audit brief and CVs for all road safety audits and exceptions to items raised in accordance with the road safety audit standard;

schedule 8 paragraph 39 1 g + (g)the undertaker has agreed the estimate of the commuted sum with National Highways;

schedule 8 paragraph 39 1 h + (h)the scope of all maintenance operations (routine inspections, incident management, reactive and third party damage) to be carried out by the undertaker during the construction of the specified works (which must include winter maintenance) has been agreed in writing by National Highways;

schedule 8 paragraph 39 1 i + (i)the undertaker has procured to National Highways collateral warranties in a form reasonably approved by National Highways from the contractor and designer of the specified works in favour of National Highways to include covenants requiring the contractor and designer to exercise all reasonable skill care and diligence in designing and constructing the specified works, including in the selection of materials, goods, equipment and plant; and

schedule 8 paragraph 39 1 j + (j)a condition survey and regime of monitoring of any National Highways assets or structures that National Highways reasonably considers will be affected by the specified works, has been agreed in writing by National Highways.

(2) The undertaker must not exercise—

schedule 8 paragraph 39 2 a + (a)article 4 (maintenance of authorised development);

schedule 8 paragraph 39 2 b + (b)article 10 (street works);

schedule 8 paragraph 39 2 c + (c)article 11 (power to alter layout, etc., of streets);

schedule 8 paragraph 39 2 d + (d)article 12 (construction and maintenance of new, altered or diverted streets);

schedule 8 paragraph 39 2 e + (e)article 13 (temporary stopping up and restriction of use of streets);

schedule 8 paragraph 39 2 f + (f)article 14 (permanent stopping up or public rights of way);

schedule 8 paragraph 39 2 g + (g)article 15 (access to works);

schedule 8 paragraph 39 2 h + (h)article 16 (traffic regulation);

schedule 8 paragraph 39 2 i + (i)article 19 (discharge of water);

schedule 8 paragraph 39 2 j + (j)article 20 (protective works to buildings) insofar as this relates to buildings owned or operated by National Highways;

schedule 8 paragraph 39 2 k + (k)article 21 (authority to survey and investigate the land);

schedule 8 paragraph 39 2 l + (l)article 22 (felling, lopping and removal of trees, shrubs and hedgerows);

schedule 8 paragraph 39 2 m + (m)article 33 (temporary use of land for carrying out the authorised development); or

schedule 8 paragraph 39 2 n + (n)article 34 temporary use of land for maintaining the authorised development),

of this Order, over any part of the strategic road network without the consent of National Highways, and National Highways may in connection with any such exercise require the undertaker to provide details of any proposed road space bookings and/or submit a scheme of traffic management for National Highways’ approval.

(3) National Highways must prior to the commencement of the specified works or the exercise of any power referenced in sub-paragraph (2) inform the undertaker of the identity of the person who will act as a point of contact on behalf of National Highways for consideration of the information required under sub-paragraph (1) or (2).

(4) National Highways must provide the undertaker with a list of all the structures, assets and pavements to be subject to both a condition survey and regime of monitoring pursuant to sub-paragraph (1)(i) and paragraph 44(1) (final condition survey) of this Part of this Schedule before the first condition survey is conducted and the regime of monitoring is implemented.

(5) Any approval or consent of National Highways required under this paragraph—

schedule 8 paragraph 39 5 a + (a)must not be unreasonably withheld or delayed;

schedule 8 paragraph 39 5 b + (b)must be given in writing;

schedule 8 paragraph 39 5 c + (c)in the case of a refusal must be accompanied by a statement of grounds for refusal;

schedule 8 paragraph 39 5 d + (d)shall be deemed to have been refused if neither given nor refused within 2 months of the receipt of the information for approval or, where further particulars are requested by National Highways within 2 months of receipt of the information to which the request for further particulars relates; and

schedule 8 paragraph 39 5 e + (e)may be subject to any conditions as National Highways reasonably considers necessary.

(6) Any change to the identity of the contractor and/or designer of the specified works will be notified to National Highways immediately along with collateral warranties in a form agreed by National Highways acting reasonably.

(7) Any change to the detailed design of the specified works must be approved by National Highways in accordance with sub-paragraph (1) of this Part of this Schedule.