Paragraph 93 Acquisition of land and protection of apparatus

(1)

Not less than 56 days (or such lesser period agreed by Five Estuaries, acting reasonably) before commencing the execution of any works authorised by the Order that are near to, will, or may affect any apparatus, the undertaker must submit to Five Estuaries a plan of such works.

(2)

In relation to works which will or may be situated on, over, under or within five metres measured in any direction of any apparatus, or involve embankment works within 5 metres of any apparatus, the plan to be submitted to Five Estuaries under sub-paragraph (1) must be detailed including details of the materials and products to be used in the works and describing—

(a)

the exact position of the works;

(b)

the level at which these are proposed to be constructed or renewed;

(c)

the manner of their construction, renewal, replacement or upgrade including details of excavation and positioning of plant;

(d)

the position of all apparatus; and

(e)

by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus.

(3)

The undertaker must not commence the construction, renewal, replacement or upgrade of any works to which sub-paragraphs (1) or (2) apply until Five Estuaries has given written approval of the plan so submitted.

(4)

Any approval of Five Estuaries required under sub-paragraph (3)—

(a)

may be given subject to reasonable conditions for any purpose mentioned in sub-paragraphs (5) or (7); and

(b)

must not be unreasonably withheld or delayed.

(5)

In relation to a work to which sub-paragraphs (1) or (2) apply, Five Estuaries may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing its apparatus against interference or risk of damage, or for the purpose of providing or securing proper and convenient means of access to any apparatus, provided that such modifications are requested within a period of 28 days beginning with the date on which the plan under sub-paragraph (1) is submitted to it (or such lesser period agreed by the statutory undertaker, acting reasonably). For the avoidance of doubt, provided that any further iterations of the plan submitted to Five Estuaries for approval as a result of modifications required under this paragraph are not materially different to the modifications previously requested by Five Estuaries, any further required modifications will be requested by Five Estuaries as soon as reasonably practicable thereafter and in any event within 21 days of receipt of any further plans.

(6)

Works executed under this Order must be executed only in accordance with the plan, submitted under sub-paragraph (1) or as relevant sub-paragraph (2), as amended from time to time by agreement between the undertaker and Five Estuaries and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (5) or (7) by Five Estuaries for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and Five Estuaries is entitled to watch and inspect the execution of those works.

(7)

Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of any works (unless otherwise agreed by Five Estuaries, acting reasonably), a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan.

(8)

The undertaker is not required to comply with sub-paragraph (1) where it needs to carry out emergency works as defined in the 1991 Act but in that case it must give to Five Estuaries notice as soon as is reasonably practicable and a plan of those works and must comply with sub-paragraphs (5) and (6) insofar is reasonably practicable in the circumstances.