Paragraph 35 I1

Any specified work in relation to a key watercourse, and all protective works required by Cambridgeshire County Council under paragraph 33 must be constructed to the reasonable satisfaction of Cambridgeshire County Council and an officer of Cambridgeshire County Council is entitled on giving such notice as may be reasonable in the circumstances, to inspect and watch the construction of such works.

The undertaker must give to Cambridgeshire County Council not less than 14 days’ notice of its intention to commence construction of any specified work in relation to a key watercourse and the undertaker must give to Cambridgeshire County Council notice of completion of a specified work in relation to a key watercourse not later than 7 days after the date on which it is brought into use.

If any part of the works comprising a structure in, over or under a key watercourse is constructed otherwise than in accordance with the requirements of this Part of this Schedule, Cambridgeshire County Council may by notice require the undertaker at its own expense to comply with the requirements of this Part of this Schedule or (if the undertaker so elects and Cambridgeshire County Council in writing consents, such consent not to be unreasonably withheld) to remove, alter or pull down the work and, where removal is required, to restore the site to its former condition to such extent and within such limits as Cambridgeshire County Council reasonably requires.

Subject to sub-paragraph (5) if within a reasonable period, being not less than 28 days from the date when a notice under sub-paragraph (3) is served upon the undertaker, it has failed to begin taking steps to comply with the requirements of the notice and subsequently to make reasonably expeditious progress towards their implementation, Cambridgeshire County Council may execute the works specified in the notice and any expenditure reasonably incurred by it in so doing is to be recoverable from the undertaker.

In the event of any dispute as to whether sub-paragraph (3) is properly applicable to any work in respect of which notice has been served under that sub-paragraph, or as to the reasonableness of any requirement of such a notice, Cambridgeshire County Council must not, except in an emergency, exercise the powers conferred by sub-paragraph (4) until the dispute has been finally determined.