Paragraph 57 Powers requiring the Canal & River Trust’s consentI1

Article 10(1)(b) and 10(2) (in respect of vertical deviations only) (limits of deviation) shall not apply in relation to the waterway unless such exercise is with the consent of the Canal & River Trust.

Save as authorised by the powers conferred by this Order, the undertaker must not materially obstruct or interfere with pedestrian or vehicular access to the waterway unless such obstruction or interference with such access is with the consent of the Canal & River Trust.

The undertaker must not exercise any power conferred by this Order to discharge water into the waterway under article 23 (discharge of water) unless such exercise is with the consent of the Canal & River Trust, provided that such consent shall not be required where the undertaker demonstrates to the Engineer that the maximum discharge velocity of such discharge is less than or equal to 0.3 metres per second.

The undertaker must not exercise any power conferred by this Order to interfere with the existing supply of water to or the drainage of water from the waterway unless such exercise is with the consent of the Canal & River Trust.

The undertaker must not exercise the powers conferred by article 25 (authority to survey and investigate the land) or section 11(3) of the 1965 Act, in relation to the waterway unless such exercise is with the consent of the Canal & River Trust.

The undertaker must not exercise any power conferred by article 26 (compulsory acquisition of land), 29 (compulsory acquisition of rights and imposition of restrictive covenants), 37 (acquisition of subsoil or airspace only) or 41 (statutory undertakers) in respect of the Canal & River Trust’s interests in the waterway except with the consent of the Canal & River Trust.

The undertaker must not exercise any power conferred by article 39 (temporary use of land for carrying out the authorised development), 40 (temporary use of land for maintaining the authorised development) or 45 (felling or lopping of trees and removal of hedgerows) in respect of the waterway unless such exercise is with the consent of the Canal & River Trust.

Without prejudice to sub-paragraphs (1) to (7), the undertaker must not under the powers of this Order acquire or use or acquire new rights over, or seek to impose any restrictive covenants over the Canal & River Trust’s Network, or extinguish any existing rights of the Canal & River Trust in respect of any third party property, except with the consent of the Canal & River Trust.

The consent of the Canal & River Trust pursuant to (1) to (8) must not be unreasonably withheld or delayed but may be given subject to reasonable terms and conditions provided that it will not be reasonable for the Canal & River Trust to withhold or delay consent or impose terms and conditions that would prevent the undertaker from complying with the protective provisions in this Part of this Schedule or any condition contained in Schedule 2 (Requirements).

The undertaker must not under the powers of this Order do anything which would directly result in the waterway being incapable of being used or maintained or which would affect the safe operation of the Canal & River Trust’s Network, in the Canal & River Trust’s reasonable opinion.

This paragraph does not apply where the undertaker reasonably believes emergency works are required to prevent imminent injury or damage to persons or property, provided that in such circumstances the undertaker must notify the Canal & River Trust as soon as reasonably practicable.