Paragraph 40 Co-operation

Where in consequence of the proposed construction of any part of the authorised development, the undertaker or the utility undertaker requires the removal of apparatus under paragraph 35(2) or the utility undertaker makes requirements for the protection or alteration of apparatus under paragraph 37(6), the undertaker must use its best reasonable endeavours to co-ordinate the execution of the authorised works efficiently and in the interests of safety and taking into account the need to ensure the safe and efficient operation of the utility undertaker’s undertaking and the utility undertaker must use its best endeavours to co-operate with the undertaker for that purpose.

For the avoidance of doubt whenever the utility undertaker’s consent, agreement or approval is required in relation to plans, documents or other information submitted by the undertaker or the taking of action by the undertaker, it must not be unreasonably withheld or delayed.