Paragraph 197 Approvals and refusals

London Gateway must issue any approval or refusal of a draft plan submitted to it in accordance with paragraph 196 (1) within 28 days of the date of submission of that draft or of the date of the provision by the undertaker to London Gateway of any further information that London Gateway reasonably requests, unless any other period is agreed with the undertaker.

All decisions of London Gateway under these provisions must be made acting reasonably.

All decisions of London Gateway under these provisions must be issued in writing and the undertaker may provide a copy of any such decision to the Marine Management Organisation or any other regulatory body.

Where London Gateway refuses to approve a draft plan it must provide reasons for refusal in writing to the undertaker at the same time as it issues the refusal.

Where the draft plan is refused, the undertaker must consider the reasons for refusal and redraft the draft plan accordingly, before re-submitting it to London Gateway. The provisions of sub-paragraphs (1) to (4) will then apply to that re-submitted plan.

Where no decision is issued within the 28 day period set out in sub-paragraph (1), the draft plan submitted will be deemed to be refused by London Gateway.

Any difference or dispute arising between the undertaker and London Gateway must, unless otherwise agreed in writing between the undertaker and London Gateway, be determined by arbitration in accordance with article 41 (arbitration) of this Order. The undertaker may not refer any dispute in relation to the refusal of a draft plan to arbitration under article 41 until it has redrafted and resubmitted the draft plan in accordance with sub-paragraph (5) above at least once.