# The Portishead Branch Line (MetroWest Phase 1) Order 2022, Paragraph 55


(1) The undertaker must before commencing construction of any specified work supply to BPC proper and sufficient plans of that work for BPC’s approval and the specified work must not be commenced or executed except in accordance with such plans as have been approved in writing by BPC.
(2) Subject to sub-paragraph (3), BPC’s approval under sub-paragraph (1) must not be unreasonably withheld or delayed, but may be given subject to reasonable conditions.
(3) BPC’s approval to plans must not be unreasonably withheld or delayed, but may be given subject to reasonable conditions—
(a) in respect of all or any of Work No. 1C on BPC’s property and Work No. 19, if and in so far as the proposed works comprise and, following design development, are broadly consistent with the works shown on drawings W1097B-ARP-DRG-ECV-000305, W1097B-ARP-DRG-ECV-000330 and W1097B-ARP-DRG-ECV-000331;
(b) in respect of Work No. 18 if and in so far as the proposed works comprise and, following design development, are broadly consistent with the Bridleway Extension Under the Elevated M5 Plan, and
(c) in respect of Work No. 16C, if and in so far as the proposed works comprise only work necessary to renew the level crossing in modern equivalent form.
(4) Where under sub-paragraph (2) or (3) BPC’s approval to plans submitted by the undertaker under sub-paragraph (1) cannot be unreasonably withheld or delayed if by the end of the period of 28 days beginning with the date on which such plans have been supplied to BPC, BPC has not intimated disapproval of those plans and the grounds of disapproval the undertaker may serve upon BPC written notice requiring BPC to intimate approval or disapproval within a further period of 28 days beginning with the date upon which BPC receives written notice from the undertaker. If by expiry of the further period of 28 days BPC has not intimated approval or disapproval, BPC is deemed to have approved the plans as submitted.
(5) When signifying approval of plans submitted under sub-paragraph (1), BPC may specify any protective works (whether temporary or permanent) which in BPC’s opinion should be carried out before the commencement of the construction of a specified work to ensure the safety or stability of BPC’s property or the continuation of safe and efficient operation of the Port (including the Port’s railway) and such protective works as may be reasonably necessary for those purposes are to be constructed by BPC but at the expense of the undertaker, or if BPC so desires such protective works must be carried out by the undertaker at its own expense with all reasonable dispatch, and the undertaker must not commence the construction of the specified work until BPC has notified the undertaker that the protective works have been completed to BPC’s reasonable satisfaction.
(6) When signifying approval of plans submitted under sub-paragraph (1) in relation to Work No. 18, BPC may specify any environmental protection works which in BPC’s reasonable opinion should be implemented before the commencement of, or during, the construction of Work No. 18 and such environmental protection works as may be reasonably necessary for those purposes are to be implemented by BPC but at the expense of the undertaker, or if BPC so desires such environmental protection works must be implemented by the undertaker at its own expense with all reasonable dispatch, and except to the extent BPC may agree the undertaker must not commence the construction of the specified work until BPC has notified the undertaker that any and all relevant environmental protection works have been implemented to BPC’s reasonable satisfaction.

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Source: https://www.legislation.gov.uk/uksi/2022/1194/schedule/16/paragraph/55 (the official version)
Page: https://openlegislation.uk/portishead-branch-line-metrowest-phase-1-order-2022/schedule-16/paragraph-55
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.