{
  "url": "https://openlegislation.uk/a46-newark-bypass-development-consent-order-2025/schedule-9/paragraph-58",
  "json_url": "https://openlegislation.uk/a46-newark-bypass-development-consent-order-2025/schedule-9/paragraph-58.json",
  "legislation": "uksi/2025/1090",
  "legislation_title": "The A46 Newark Bypass Development Consent Order 2025",
  "legislation_url": "https://openlegislation.uk/a46-newark-bypass-development-consent-order-2025",
  "path": "schedule/9/paragraph/58",
  "kind": "paragraph",
  "number": "58",
  "heading": "Approval of plans, protective works, etc.",
  "text": "(1) The undertaker must before commencing construction of any specified work supply to the Canal & River Trust proper and sufficient plans of that work (on the Canal & River Trust’s own forms or as otherwise agreed in writing) having regard to the Canal & River Trust’s Code of Practice, together with such further particulars as the Canal & River Trust may within 21 days of initial receipt of such plans reasonably require for the approval of the Engineer.\n(2) The approval of the Engineer under sub-paragraph (1) must not be unreasonably withheld or delayed, and if within 35 days after all such Plans (including any other particulars reasonably required under sub-paragraph (1)) have been received by the Canal & River Trust the Engineer has not given notice of the approval or disapproval of those Plans and the grounds of such disapproval, the Engineer is deemed to have approved the Plans as submitted.\n(3) Construction of a specified work must not commence until plans of that work have been approved in writing by the Engineer, deemed approved pursuant to sub-paragraph (2) or settled by arbitration.\n(4) When signifying approval of the plans the Engineer (or the arbitrator) may specify, in relation to land held or controlled by the Canal & River Trust or the undertaker, and subject to such works being authorised by this Order or being development permitted by an Act of Parliament or general development order made under the 1990 Act—\n(a) any protective work (whether temporary or permanent) which in the reasonable opinion of the Engineer should be carried out before the commencement of a specified work to prevent detriment; and\n(b) such other requirements as may be reasonably necessary to prevent detriment.\n(5) Any protective work required under this paragraph must be—\n(a) constructed by the undertaker or by the Canal & River Trust at the undertaker’s request within 28 days of notification of a Protective Work by the Engineer in accordance with sub-paragraph (4)(a) or an agreed programme to be agreed within 14 days of notification of a Protective Work by the Engineer in accordance with paragraph (4)(a); and\n(b) the undertaker must not commence the construction of a specified work unless approved by the Engineer (such approval to be provided within 14 days of request by the undertaker) or until the Engineer has notified the undertaker that the protective work has been practically completed to the Engineer’s reasonable satisfaction (such approval to be provided within 14 days of notification of completion of the protective work by the undertaker).\n(6) The withholding of an approval of the Engineer under this paragraph will be deemed to be unreasonable if it would prevent the undertaker from complying with any condition contained in Schedule 2 (Requirements) to this Order.\n(7) The undertaker must pay to the Canal & River Trust a capitalised sum representing the reasonably increased or additional cost of maintaining and, when necessary, renewing any specified works or any permanent protective works provided under sub-paragraph (3) and sub-paragraph (5) respectively above for which the Canal & River Trust is liable to maintain, and of carrying out any additional dredging of the waterway reasonably necessitated by the exercise of any of the powers under this Order provided that, if the cost of maintaining the waterway or of works of renewal of the waterway is reduced in consequence of any such works, a capitalised sum representing such reasonable saving is to be set off against any sum payable by the undertaker to the Canal & River Trust under this paragraph.\n(8) In the event that the undertaker fails to practically complete the construction of, or part of, a specified work, the Canal & River Trust may, if it is reasonably required in order to avoid detriment, serve on the undertaker a notice in writing requesting that construction be practically completed. Any notice served under this sub-paragraph must state the works that are to be practically completed by the undertaker and lay out a reasonable timetable for the works’ practical completion. If the undertaker fails to comply with this notice within 35 days (or the timescales set out in the timetable, whichever is the longer), the Canal & River Trust may undertake protective works to make safe the area and avoid detriment and the undertaker must reimburse the Canal & River Trust all costs, fees, charges and expenses it has reasonably incurred in carrying out such works.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 9 para. 58 in force at 22.10.2025, see art. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2025/1090/schedule/9/paragraph/58",
    "retrieved_at": "2026-10-28T21:10:46.575852+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}