Paragraph 17 I1
In preparing a construction access plan under paragraph 15 or a maintenance access plan under paragraph 16, the undertaker must—
establish the programme for major works in the Wilton Complex and plan the construction or maintenance of the authorised project to prevent (or, if such conflict cannot be reasonable prevented, to minimise) any conflict between the construction or maintenance of the authorised project and the programmed major works; and
establish where an owner or operator has a reasonable expectation to exercise access rights over particular Wilton Site Roads in respect of which rights are proposed to be restricted or extinguished, establish the purpose of that expectation and provide an alternative or replacement means of access whereby that expectation can be met.
Where a reference is made to expert determination under paragraph 24 in relation to any disagreement about a construction access plan, the appointed expert must have regard to—
whether major works were, at the date of the consultation already programmed to take place;
the extent to which the authorised project can be accommodated simultaneously with the programmed major works;
the usual practice in respect of conditions or requirements subject to which authorisation is given by the owner of the Wilton Site Road;
the undertaker’s programme in respect of the authorised project and the extent to which it is reasonable for it to carry out the authorised project at a different time;
the availability (or non-availability) of other times during which the authorised project could be carried out;
the programme in respect of the major works and the extent to which it is reasonable for the owner or operator at the Wilton Complex to carry out the major works at a different time; and
the financial consequences of the decision on the undertaker and on any owner and operator in the Wilton Complex.
In this paragraph, “programmed”, in relation to works, means works in respect of which the owner of the Wilton Site Roads has been notified of the dates between which the works are programmed to be carried out.
Annotations
Commencement
- I1
Sch. 12 Pt. 6 para. 17 in force at 26.8.2015, see art. 1