Paragraph 95 Retained apparatus: protection
Not less than 56 days (or such lesser period agreed by Triton Knoll, acting reasonably) before the commencement of any specified works the undertaker must—
submit to Triton Knoll a plan of those works to be executed including a ground monitoring scheme; and
seek from Triton Knoll details of the underground extent of their electricity assets.
The plan to be submitted to Triton Knoll under sub-paragraph (1) must include a method statement and describe—
the exact position of the works;
the level at which these are proposed to be constructed or renewed;
the manner of their construction or renewal including details of excavation, positioning of plant;
the position of all apparatus;
by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus;
any intended maintenance regimes;
an assessment of risks of rise of earth issues; and
a methodology to demonstrate that all such works will have no adverse effect on the rating of the apparatus.
The undertaker must not commence any specified works until Triton Knoll has given written approval of the plan so submitted (and the ground monitoring scheme).
Triton Knoll may require such modifications to be made to the plan as may be reasonably necessary for the purpose of securing its apparatus against interference or risk of damage, for the provision of protective works or for the purpose of providing or securing proper and convenient means of access to any apparatus. Triton Knoll must give notice of its requirement for such works as soon as reasonably practicable and in any event within 42 days of the date of submission of a plan pursuant to sub-paragraph (1) (except in an emergency).
Specified works must be executed in accordance with—
the plan, submitted under sub-paragraph (1) (and the ground monitoring scheme), as approved or as amended from time to time by agreement between the undertaker and Triton Knoll; and
Where Triton Knoll requires any protective works to be carried out by itself or by the undertaker (whether of a temporary or permanent nature) such protective works, inclusive of any measures or schemes required and approved as part of the plan approved pursuant to this paragraph, must be carried out to Triton Knoll’s reasonable satisfaction prior to the commencement of any specified works (or any relevant part thereof) (unless otherwise agreed by Triton Knoll, acting reasonably).
If Triton Knoll, in accordance with sub-paragraphs (5) or (7) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 176 to 178 and 180 to 182 apply as if the removal of the apparatus had been required by the undertaker under paragraph 181(2) (removal of apparatus).
Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of the specified works, a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph will apply to and in respect of the new plan.
The undertaker is not required to comply with sub-paragraph (1) where it needs to carry out emergency works as defined in the 1991 Act but in that case it must give to Triton Knoll notice as soon as is reasonably practicable and a plan of those works and must comply with sub-paragraphs (5), (6) and (7) insofar as is reasonably practicable in the circumstances.
Following completion of the works the undertaker shall submit a written report demonstrating that the works have had no adverse effect on the rating of the apparatus.
As soon as reasonably practicable after any ground subsidence event attributable to the authorised development the undertaker will implement an appropriate ground mitigation scheme and Triton Knoll retains the right to carry out any further necessary protective works for the safeguarding of its apparatus and can recover any such costs pursuant to paragraph 184 (expenses).