Paragraph 311 I1

(1)

Any authorisation by HPU required under paragraph 309(a) must not be unreasonably withheld but may be given subject to such reasonable conditions as HPU may require to be made for—

(a)

the continuing safety and operation or viability of the affected asset; and

(b)

the requirement for HPU to have—

(i)

uninterrupted and unimpeded emergency access with or without vehicles to the affected asset at all times; and

(ii)

reasonable access with or without vehicles to inspect, repair, replace and maintain and ensure the continuing safety and operation or viability of the affected asset.

(2)

The authorised development must be carried out in accordance with the works details authorised under paragraph 309 and any conditions imposed on the authorisation under F1sub-paragraph (1).

(3)

Where there has been a reference to arbitration in accordance with paragraph 311(2) and the arbitrator gives authorisation, the authorised development must be carried out in accordance with the authorisation and conditions contained in the award of the arbitrator under paragraph 311(3).

Annotations

Textual amendments

F1: Words in Sch. 12 para. 311(2) substituted (21.12.2024) by The Net Zero Teesside (Correction) Order 2024 (S.I. 2024/1384), art. 1, Sch. Table

Commencement

I1: Sch. 12 para. 311 in force at 11.3.2024, see art. 1