Paragraph 137 Retained apparatus: protectionI1

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 the works to be executed including a ground monitoring scheme and seek from Triton Knoll details of the underground extent of their electricity assets.

In relation to works which will or may be situated on, over, under or within—

The undertaker must not commence any works to which sub-paragraphs (1) or (2) apply until Triton Knoll has given written approval of the plan so submitted.

Any approval of Triton Knoll required under sub-paragraph (3)—

In relation to any work to which sub-paragraphs (1) or (2) apply, Triton Knoll may require such modifications to be made to the plans 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.

Works executed under sub-paragraph (2) must be executed in accordance with the plan, submitted under sub-paragraph (1), as approved or as amended from time to time by agreement between the undertaker and Triton Knoll and in accordance with such reasonable requirements as may be made in accordance with sub-paragraphs (5) or (7) by Triton Knoll for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and Triton Knoll will be entitled to watch and inspect the execution of those works.

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 authorised development (or any relevant part thereof) (unless otherwise agreed by Triton Knoll, acting reasonably) for which protective works are required and 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 this paragraph (except in an emergency).

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 130 to 132 and 134 to 136 apply as if the removal of the apparatus had been required by the undertaker under paragraph 136(2).

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 authorised development, a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph shall apply to and in respect of the new plan.

The undertaker will not be 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 work 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 except that 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 139.