Paragraph 16 Approval of plans etc.I1
England, Wales and Scotland
The undertaker must before the initial construction or, to the extent that it would affect the waterway or any function of the Trust, commencement of maintenance of any specified work including any temporary works supply to the Trust proper and sufficient plans of that work having regard to the Trust’s Code of Practice and such further particulars available to it as the Trust may within 14 days of the submission of the plans reasonably require for the approval of the engineer and must not commence such construction or, to the extent that it would affect the waterway or any function of the Trust, maintenance of a specified work until plans of that work have been approved in writing by the engineer or settled by arbitration.
Subject to sub-paragraph (3), an application for approval under this paragraph is deemed to have been approved if it is neither given nor refused within 28 days of the specified day.
An approval of the engineer under this paragraph is not deemed to have been unreasonably withheld if approval within the time specified by sub-paragraph (2) has not been given pending the outcome of any consultation on the approval in question that the Trust is obliged to carry out in the proper exercise of its functions.
In this paragraph “the specified day” means, in relation to any specified works—
the day on which plans and sections of that work are submitted to the Trust under sub-paragraph (1); or
the day on which the undertaker provides the Trust with all further particulars of the work that have been requested by the Trust under that sub-paragraph,
whichever is the later.
Annotations
Commencement
- I1
Sch. 15 para. 16 in force at 5.4.2024, see art. 1