SCHEDULE 9Protective provisions

PART 9For the protection of National Highways Limited

Prior approvals

117.—(1) The specified works must not commence until—

(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;

(b)the programme of works has been approved by National Highways;

(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—

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

(ii)details of the proposed road space bookings;

(iii)the identity and suitability of the contractor and nominated persons;

(iv)a process for stakeholder liaison, with key stakeholders to be identified and agreed between National Highways and the undertaker; and

(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;

(d)a scheme of traffic management has 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;

(e)stakeholder liaison has taken place in accordance with the process for such liaison agreed between the undertaker and National Highways under sub-paragraph (c)(iv) above; and

(f)a condition survey and regime of monitoring of any National Highways assets or structures that National Highways considers will be affected by the specified works, has been agreed in writing by National Highways.

(2) Except where an approval has otherwise been provided under this Part, the undertaker must not exercise—

(a)article 5 (power to maintain the authorised development);

(b)article 9 (street works);

(c)article 10 (power to alter layout, etc. of streets)

(d)article 12 (temporary restriction of public rights of way);

(e)article 13 (temporary restriction of use of streets);

(f)article 14 (access to works);

(g)article 17 (traffic regulation);

(h)article 18 (discharge of water);

(i)article 20 (authority to survey and investigate land);

(j)article 21 (protective works to buildings);

(k)article 22 (compulsory acquisition of land);

(l)article 24 (compulsory acquisition of rights);

(m)article 31 (rights under or over streets);

(n)article 32 (temporary use of land for carrying out the authorised development);

(o)article 33 (temporary use of land for maintaining the authorised development); or

(p)article 39 (felling or lopping of trees and removal of hedgerows) of this Order,

over any part of the strategic road network.

(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-paragraphs (1) or (2).

(4) National Highways must within 56 days of the undertaker requesting National Highways’ approval pursuant to sub-paragraphs (1) and (2)—

(a)intimate their approval;

(b)intimate their refusal together with reasons for refusal; or

(c)request more time to intimate approval or refusal pursuant to sub-paragraphs (a) or (b).

(5) In the event National Highways requests more time pursuant to sub-paragraph (4)(c), the undertaker may—

(a)approve that request; or

(b)require that the person identified to the undertaker pursuant to sub-paragraph (3) meets with the undertaker’s project director to discuss the request for approval.

(6) Any approval of National Highways required under this paragraph ‎117—

(a)must be given in writing; and

(b)may be subject to any conditions as National Highways considers reasonably necessary.

(7) Any change to the identity of the contractor and/or designer of the specified works will be notified to National Highways as soon as reasonably practicable and in any event within 7 days and details of their suitability to deliver the specified works will be provided on request.

(8) Any change to the detailed design of the specified works must be approved by National Highways in accordance with sub-paragraph (4).