Paragraph 115 InterpretationI1

England, Wales and Scotland

(1)

The undertaker must not make any opening into or connections with any watercourse or drain in connection with the authorised development or carry out any specified work except—

(a)

in accordance with plans approved by the Board in accordance with this Part of this Schedule or determined under paragraph 122; and

(b)

where the Board has been given the opportunity to supervise the making of the opening or connection,

and no discharge of water under article 18 (discharge of water) shall be made until details of the location and maximum rate of discharge have been submitted to and approved in writing by the Board (unless such location or maximum rate of discharge is in accordance with a drainage strategy approved under paragraph 12(1) of Schedule 2 (requirements)).

(2)

Before beginning to construct any specified work, the undertaker must submit to the Board plans of the specified work, and any such further particulars available to it as the Board may within 28 days of the submission of the plans reasonably require.

(3)

Any such specified work must not be constructed except in accordance with such plans as may be approved in writing by the Board or determined under paragraph 122.

(4)

Any approval of the Board required under this paragraph—

(a)

must not be unreasonably withheld or delayed;

(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 the submission of further particulars if applicable) or, in the case of a refusal, if it is not accompanied by a statement of the grounds of refusal; and

(c)

may be given subject to such reasonable requirements and conditions as the Board may consider appropriate.

(5)

The Board must use its reasonable endeavours to respond to the submission of any plans before the expiration of the period mentioned in sub-paragraph (4)(b).

(6)

Where under this Part of this Schedule the Board is required to give its consent or approval in respect of any matter, that consent or approval is subject to the condition that the Board complies with its obligations to consult other appropriate agencies, to have regard to any guidance issued by any appropriate supervisory body and has regard to its obligations under statute.

Annotations

Commencement

I1: Sch. 14 para. 115 in force at 27.2.2025, see art. 1