Paragraph 165 Retained apparatus: protection
Not less than 112 days before the commencement of any specified works the undertaker must submit to Spalding Energy a plan and, if reasonably required by Spalding Energy, a ground monitoring scheme in respect of those works.
The plan to be submitted to Spalding Energy under sub-paragraph (1) must include a method statement and describe—
the exact position of the specified works;
the level at which these are proposed to be constructed or renewed;
the manner of their construction or renewal including details of excavation and positioning of plant;
the position of all apparatus;
by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus; and
any intended maintenance regimes.
The undertaker must consider the existing pipeline’s cathodic protection system and provide an earthing assessment where required by Spalding Energy.
The undertaker must not commence any works to which sub-paragraphs (1) and (2) apply until Spalding Energy has given written approval of the plan so submitted.
Any approval of Spalding Energy required under sub-paragraph (4)—
may be given subject to reasonable conditions for any purpose mentioned in sub-paragraphs (6) or (7) which reasonable conditions could be satisfied by the entering into a crossing agreement, proximity agreement or an interface agreement if the parties agree it is appropriate and necessary to do so acting reasonably and without undue delay as to the need for and terms of such agreement; and,
must not be unreasonably withheld.
In relation to any work to which sub-paragraphs (1) and/or (2) apply, Spalding Energy 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 for the provision of protective works or for the purpose of providing or securing proper and convenient means of access to any apparatus.
Works executed under sub-paragraphs (1) or (2) must be executed in accordance with the plan submitted under sub-paragraph (1) or as relevant sub paragraph (6), as approved or as amended from time to time by agreement between the undertaker and Spalding Energy and in accordance with such reasonable requirements as may be made in accordance with sub-paragraphs (6) or (8) by Spalding Energy for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and Spalding Energy as will be entitled to watch and inspect the execution of those works.
Where Spalding Energy requires any protective works to be carried out by itself or by the undertaker (whether of a temporary or permanent nature) such protective works, inclusive of any measures or schemes required and approved as part of the plan approved pursuant to this paragraph, must be carried out to Spalding Energy’s satisfaction prior to the commencement of any specified works for which protective works are required and Spalding Energy must give notice of its requirement for such works within 84 days of the date of submission of a plan pursuant to this paragraph (except in an emergency).
If Spalding Energy in accordance with sub-paragraphs (6) or (8) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, sub-paragraphs (1) to (3) and (6) to (8) apply as if the removal of the apparatus had been required by the undertaker under paragraph 6(2).
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, unless otherwise agreed by the undertaker and Spalding Energy in writing, before commencing the execution of the specified works, a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph will apply to and in respect of the new plan.
The undertaker will not be 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 Spalding Energy notice as soon as is reasonably practicable and a plan of those works and must comply with sub-paragraphs (6), (7) and (8) insofar as is reasonably practicable in the circumstances and comply with sub paragraph (12) at all times;
At all times when carrying out any works authorised under the Order Spalding Energy must comply with HSE’s “HS(~G)47 Avoidance of Danger from underground services”.
As soon as reasonably practicable after any ground subsidence event attributable to the authorised development the undertaker must implement an appropriate ground mitigation scheme save that Spalding Energy retains the right to carry out any further necessary protective works for the safeguarding of its apparatus and can recover any such costs in line with paragraph 9.