# The Preesall Underground Gas Storage Facility Order 2015, Paragraph 12: Ground subsidence monitoring scheme in respect of United Utilities’ apparatus

Extent: E+W

(1) No works comprised in Work No. 1A in Schedule 1 (authorised development) shall commence until a scheme for monitoring ground subsidence (referred to in this paragraph as the “monitoring scheme”) which is capable of interfering with or risking damage to United Utilities’ apparatus has been submitted to and approved by United Utilities, such approval not to be unreasonably withheld or delayed.
(2) The monitoring scheme shall set out—
(a) the apparatus of United Utilities which is to be subject to such monitoring;
(b) the extent of land to be monitored;
(c) the manner in which ground levels are to be monitored;
(d) the timescales of any monitoring activities; and
(e) the extent of ground subsidence which, if exceeded, shall require the promoter to submit for United Utilities’ approval a ground subsidence mitigation scheme in respect of such subsidence in accordance with sub-paragraph (4).
(3) The monitoring scheme must be implemented as approved, unless otherwise agreed in writing with United Utilities.
(4) As soon as reasonably practicable after any ground subsidence identified by the monitoring activities set out in the monitoring scheme has exceeded the level described in sub-paragraph (2)(e), a scheme setting out necessary mitigation measures (if any) for such ground subsidence (referred to in this paragraph as a “mitigation scheme”) shall be submitted to United Utilities for approval, such approval not to be unreasonably withheld or delayed; and any mitigation scheme must be implemented as approved, unless otherwise agreed in writing with United Utilities.
(5) If the monitoring scheme or mitigation scheme would conflict with any aspect of any ground subsidence monitoring scheme or ground subsidence mitigation scheme approved by the relevant planning authority pursuant to paragraph 35 of Schedule 9 (Requirements) the promoter may submit a revised monitoring scheme or mitigation scheme to United Utilities for its approval, such approval not to be unreasonably withheld or delayed; and the revised monitoring scheme or mitigation scheme must be implemented as approved, unless otherwise agreed in writing with United Utilities.

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Source: https://www.legislation.gov.uk/uksi/2015/1561/schedule/8/part/1/paragraph/12 (the official version)
Page: https://openlegislation.uk/preesall-underground-gas-storage-facility-order-2015/schedule-8/part-1/paragraph-12
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.