{
  "url": "https://openlegislation.uk/gatwick-airport-northern-runway-project-development-consent-order-2025/schedule-9/paragraph-69",
  "json_url": "https://openlegislation.uk/gatwick-airport-northern-runway-project-development-consent-order-2025/schedule-9/paragraph-69.json",
  "legislation": "uksi/2025/1054",
  "legislation_title": "The Gatwick Airport (Northern Runway Project) Development Consent Order 2025",
  "legislation_url": "https://openlegislation.uk/gatwick-airport-northern-runway-project-development-consent-order-2025",
  "path": "schedule/9/paragraph/69",
  "kind": "paragraph",
  "number": "69",
  "heading": "Retained apparatus: protection of SGN",
  "text": "(1) Not less than 56 days before the carrying out of any specified works the undertaker must submit to SGN a plan and, if reasonably required by SGN, a ground monitoring scheme in respect of those works.\n(2) The plan to be submitted to SGN under sub-paragraph (1) must include a method statement and describe—\n(a) the exact position of the works;\n(b) the level at which these are proposed to be constructed or renewed;\n(c) the manner of their construction or renewal including details of excavation, positioning of plant etc.;\n(d) the position of all apparatus;\n(e) by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus; and\n(f) any intended maintenance regimes.\n(3) The undertaker must not carry out any works to which sub-paragraphs (1) and (2) apply until SGN has given written approval of the plan so submitted.\n(4) Any approval of SGN required under sub-paragraph (3)—\n(a) may be given subject to reasonable conditions for any purpose mentioned in sub-paragraphs (5) or (7); and\n(b) must not be unreasonably withheld; and\n(c) if by the end of the period of 56 days from the submission of the plans pursuant to paragraphs (1) and (2) SGN has not intimated their disapproval of those plans and the grounds of such disapproval the undertaker may serve upon SGN written notice requiring SGN to intimate approval or disapproval within a further period of 28 days beginning with the date upon which SGN receives written notice from the undertaker and if by the expiry of the further 28 days SGN has not intimated approval or disapproval, SGN shall be deemed to have approved the plans as submitted.\n(5) In relation to any work to which sub-paragraphs (1) and (2) apply, SGN may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing apparatus against interference or risk of damage or for the purpose of providing or securing proper and convenient means of access to any apparatus.\n(6) Works to which this paragraph applies must only be executed in accordance with—\n(a) the plan submitted under sub-paragraphs (1) and (2) (or as modified pursuant to sub-paragraphs (4) and (5)); and\n(b) all conditions imposed under sub-paragraph (4)(a),\nas approved or as amended from time to time by agreement between the undertaker and SGN, and SGN will be entitled to watch and inspect the execution of those works.\n(7) Where SGN 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 SGN’s reasonable satisfaction prior to the carrying out of any specified works (or any relevant part thereof) for which protective works are required and SGN must notify the undertaker of any such requirements within 45 days of submission of a plan pursuant to sub-paragraphs (1) and (2).\n(8) If SGN, 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 61 to 63 and 66 to 68 apply as if the removal of the apparatus had been required by the undertaker under sub-paragraph 67(2) (removal of apparatus).\n(9) 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 carrying out 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.\n(10) The undertaker will not be required to comply with sub-paragraph (1) where it needs to carry out emergency works, but in that case it must give to SGN notice as soon as is reasonably practicable and a plan of those works and must comply with—\n(a) the conditions imposed under sub-paragraph (4)(a) insofar as is reasonably practicable in the circumstances; and\n(b) sub-paragraph (11) at all times.\n(11) As soon as reasonably practicable after any ground subsidence event attributable to the authorised development which SGN reasonably considers is likely to have adversely affected apparatus, the undertaker is to implement an appropriate ground mitigation scheme save that SGN retains the right to carry out any further necessary protective works for the safeguarding of its apparatus and can recover any such costs in line with paragraph 70 (expenses).",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 9 para. 69 in force at 12.10.2025, see art. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2025/1054/schedule/9/paragraph/69",
    "retrieved_at": "2026-10-28T21:11:10.827794+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."
}