Paragraph 20 I1

England, Wales and Scotland

(1)

Not less than 2 months before commencing construction of a specified work, the undertaker must submit to the drainage authority plans of the specified work and such further particulars available to it as the drainage authority may within 28 days of the submission of the plans reasonably require.

(2)

The undertaker must not commence construction of the specified work until 2 months’ notice of the commencement of the specified work has been given to the drainage authority and approval, unconditionally or conditionally, has been given as provided in this paragraph.

(3)

A specified work must not be constructed except in accordance with such plans as may be approved in writing by the drainage authority or determined under paragraph 28.

(4)

Any approval of the drainage authority required under this paragraph—

(a)

must not be unreasonably withheld or delayed; and

(b)

is deemed to have been given if it is neither given nor refused within 2 months of the submission of the plans for approval, or submission of further particulars (where required by the drainage authority under sub-paragraph (1)) whichever is the later, and may be given subject to such reasonable requirements as the drainage authority may make for the protection of any drainage work, for the protection of any navigation work, for the protection of water resources, for the prevention of pollution or in the discharge of its environmental functions.

(5)

Any refusal under this paragraph must be accompanied by a statement of the reasons for refusal.

Annotations

Commencement

I1: Sch. 9 para. 20 in force at 7.12.2022, see art. 1