Paragraph 64 Prior approvals

(1)

The road works must not commence, save to the extent agreed otherwise by National Highways, until—

(a)

a stage 1 and stage 2 road safety audit has been carried out and all recommendations raised by them or any exceptions are approved by National Highways;

(b)

the programme of works has been approved by National Highways;

(c)

the detailed design of the road works comprising the following details, insofar as considered relevant by National Highways, has been submitted to and approved by National Highways—

(i)

the detailed design information, incorporating all recommendations and any exceptions approved by National Highways under paragraph (a);

(ii)

details of the proposed road space bookings and the undertaker is entitled to submit its application for road space bookings at the same time as the relevant details are submitted under sub-paragraph (i) to National Highways;

(iii)

the identity and qualifications of the contractor and nominated persons; and

(iv)

a process for stakeholder liaison, with key stakeholders to be identified and agreed between National Highways and the undertaker;

(d)

a scheme of traffic management has been submitted by the undertaker and approved by National Highways such scheme to be capable of amendment by agreement between the undertaker and National Highways from time to time;

(e)

stakeholder liaison has taken place in accordance with the process for such liaison agreed between the undertaker and National Highways under paragraph (c)(iv) above;

(f)

National Highways has approved the audit brief and CVs for all road safety audits and exceptions to items raised in accordance with the road safety audit standard;

(g)

the undertaker has agreed the estimate of the commuted sum with National Highways;

(h)

the scope of all maintenance operations (routine inspections, incident management, reactive and third party damage) to be carried out by the undertaker during the construction of the road works (which must include winter maintenance) has been agreed in writing by National Highways;

(i)

the undertaker has procured to National Highways collateral warranties in a form approved by National Highways from the contractor and designer of the road works in favour of National Highways to include covenants requiring the contractor and designer to exercise all reasonable skill care and diligence in designing and constructing the road works, including in the selection of materials, goods, equipment and plant;

(j)

a condition survey and regime of monitoring has been agreed in writing by National Highways; and

(k)

any further information that National Highways may reasonably request within 14 days of the submission to National Highways of the detailed design of any road works.

(2)

The cable works must not commence until—

(a)

the programme of works has been approved by National Highways;

(b)

the detailed design of the cable works comprising the following details insofar as is considered relevant by National Highways has been submitted to and approved by National Highways—

(i)

the detailed design information;

(ii)

(iii)

a method statement including details of the cable works, equipment and location;

(c)

a survey to determine the appropriate minimum depth for the cable works has been carried out and the minimum cable depth has been approved by National Highways;

(d)

the detailed design of the cable works including supporting geotechnical assessments required by DMRB CD622 Managing geotechnical risk and any required strengthened earthworks appraisal form certification, has been submitted to and approved by National Highways;

(e)

a condition survey and regime of monitoring has been agreed in writing by National Highways;

(f)

the CASS01 has been approved by National Highways; and

(g)

the undertaker has paid to National Highways the estimate of the NH costs notified to it pursuant to paragraph 66 of this Part of this Schedule;

(h)

any further information that National Highways may reasonably request within 14 days of the submission to National Highways of the detailed design of any cable works.

(3)

The undertaker must not, without the consent of National Highways, exercise the powers in—

(a)

article 5 (power to maintain the authorised development);

(b)

article 8 (street works);

(c)

article 10 (power to alter layout, etc., of streets);

(d)

article 12 (temporary closure, restriction or prohibition of use of streets and public rights of way);

(e)

article 14 (access to works);

(f)

article 16 (traffic regulation measures);

(g)

article 17 (discharge of water);

(h)

article 19 (protective works to buildings);

(i)

article 20 (authority to survey and investigate the land);

(j)

article 21 (compulsory acquisition of land);

(k)

article 24 (compulsory acquisition of rights);

(l)

article 27 (power to override easements and other rights);

(m)

article 29 (acquisition of subsoil only);

(n)

article 30 (rights under or over streets);

(o)

article 31 (temporary use of land for constructing the authorised development);

(p)

article 32 (temporary use of land for maintaining the authorised development);

(q)

article 40 (felling or lopping of trees and removal of hedgerows),

over any part of the strategic road network or land in which National Highways has an interest, and National Highways may, in connection with any such exercise, require the undertaker to provide details of any proposed road space bookings and submit a scheme of traffic management to National Highways for approval.

(4)

National Highways must, prior to the commencement of the cable works and road works or the exercise of any power referenced in sub-paragraph (3), inform the undertaker of the identity of the person who will act as a point of contact on behalf of National Highways for consideration of the information required under sub-paragraphs (1) and (2).

(5)

Any approval of National Highways required under this paragraph—

(a)

must not be unreasonably withheld;

(b)

must be given in writing;

(c)

will be deemed to have been refused if neither given nor refused within 2 months of the receipt of the information for approval or where further particulars are requested by National Highways, within 2 months of receipt of the information to which the request for further particulars relates; and

(d)

may be subject to any conditions as National Highways considers necessary.

(6)

Any change to the identity of the contractor or designer of the road works or the cable works will be notified to National Highways immediately and details of their suitability to deliver the road works or cable works (as applicable) will be provided on request along with collateral warranties for the road works in a form agreed by National Highways.

(7)

Any change to the detailed design of the road works or cable works must be approved by National Highways in accordance with sub-paragraphs (1) and (2).

(8)

Article 47 (procedure in relation to certain approvals etc.) does not apply to any application for consent, agreement or approval required or contemplated by any of the provisions to this Part of this Schedule.