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Paragraph 58

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Before beginning to construct any specified work, Network Rail shall submit to the Agency plans of the work and such further particulars available to it as the Agency may within 28 days of the submission of the plans reasonably require.

(2)

Without prejudice to sub-paragraph (1), Network Rail shall ensure that its contractor will provide the Agency with all reasonable necessary hydraulic information in order to identify and quantify any effects of erosion and deposition on the Thames riverbed and foreshore which are likely to be caused by any such specified work (including the use of barges) and such information shall be accompanied by an appropriate assessment of likely effects (such as any consequential loss of foreshore habitat and impacts on river wall stability) and of any remedial measures which may be reasonably necessary having regard to any such likely effects.

(3)

Any such specified work shall not be constructed except in accordance with such plans as may be approved in writing by the Agency, or determined under paragraph 69.

(4)

Any approval of the Agency required under this paragraph—

(a)

shall not be unreasonably withheld;

(b)

shall be deemed to have been given if it is neither given nor refused within 2 months of the submission of the plans for approval and, in the case of a refusal, accompanied by a statement of the grounds of refusal; and

(c)

may be given subject to such reasonable requirements as the Agency may make for the protection of any drainage work or the fishery or for the protection of water resources, or for the prevention of flooding or pollution and in the discharge of its environmental and recreational duties.

(5)

The Agency shall use its reasonable endeavours to respond to the submission of any plans before the expiration of the period mentioned in sub-paragraph (4)(b).