SCHEDULES
SCHEDULE 10PROTECTIVE PROVISIONS
PART 4FOR THE PROTECTION OF SOUTHERN ELECTRIC POWER DISTRIBUTION PLC AS ELECTRICITY UNDERTAKER
Retained apparatus: protection of SSE
schedule 10 part 4 paragraph 8 8.—(1) Not less than 56 days before the commencement of any specified works the undertaker must submit to SSE a plan and, if reasonably required by SSE, a ground monitoring scheme in respect of those works.
(2) The plan to be submitted to SSE under sub-paragraph (1) must include a method statement and describe—
schedule 10 part 4 paragraph 8 2 a (a)the exact position of the works;
schedule 10 part 4 paragraph 8 2 b (b)the level at which these are proposed to be constructed or renewed;
schedule 10 part 4 paragraph 8 2 c (c)the manner of their construction or renewal including details of excavation and positioning of plant etc;
schedule 10 part 4 paragraph 8 2 d (d)the position of all apparatus;
schedule 10 part 4 paragraph 8 2 e (e)by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus; and
schedule 10 part 4 paragraph 8 2 f (f)any intended maintenance regimes.
(3) The undertaker must not commence any works to which sub-paragraphs (1) and (2) apply until SSE has given written approval of the plan so submitted.
(4) Any approval of SSE required under sub-paragraph (3)—
schedule 10 part 4 paragraph 8 4 a (a)may be given subject to reasonable conditions for any purpose mentioned in sub-paragraphs (5) or (7); and,
schedule 10 part 4 paragraph 8 4 b (b)must not be unreasonably withheld.
(5) In relation to any work to which sub-paragraphs (1) and/or (2) apply, SSE may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing apparatus against interference or risk of damage or for the purpose of providing or securing proper and convenient means of access to any apparatus.
(6) Works to which this paragraph applies must only be executed in accordance with the plan, submitted under sub-paragraphs (1) and (2) or, as relevant, sub-paragraph (4), as approved or as amended from time to time by agreement between the undertaker and SSE and in accordance with all conditions imposed under sub-paragraph (4)(a), and SSE will be entitled to watch and inspect the execution of those works.
(7) Any requirements made by SSE under sub-paragraph (5) must be notified to the undertaker within a period of 56 days beginning with the date on which a plan, section and description under sub-paragraph (1) are submitted to it.
(8) Where SSE requires any protective works to be carried out by itself or by the undertaker (whether of a temporary or permanent nature), such protective works, inclusive of any measures or schemes required and approved as part of the plan approved pursuant to this paragraph, must be carried out to SSE’s reasonable satisfaction prior to the commencement of any authorised works (or any relevant part thereof) for which protective works are required prior to commencement.
(9) If SSE, in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 6(2) to 6(5) apply as if the removal of the apparatus had been required by the undertaker under paragraph 6(2).
(10) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of the authorised works, a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph will apply to and in respect of the new plan.
(11) The undertaker will not be required to comply with sub-paragraph (1) where it needs to carry out emergency works as defined in the 1991 Act but in that case it must give to SSE notice as soon as is reasonably practicable and a plan of those works and must comply with—
schedule 10 part 4 paragraph 8 11 a (a)the conditions imposed under sub-paragraph (4)(a) insofar as is reasonably practicable in the circumstances; and
schedule 10 part 4 paragraph 8 11 b (b)sub-paragraph (12) at all times.
(12) As soon as reasonably practicable after any ground subsidence event attributable to the authorised development the undertaker shall implement an appropriate ground mitigation scheme save that SSE retains the right to carry out any further necessary protective works for the safeguarding of its apparatus and can recover any such costs in line with paragraph 10.