Paragraph 34 InterpretationI1

For the protection of the Trust the following provisions of this Part of this Schedule have effect, unless otherwise agreed in writing between the undertaker and the Trust.

In this Part of this Schedule—

• “Code of Practice” means the Code of Practice for Works Affecting the Canal & River Trust (April 2018) as amended from time to time;

• “construction”, in relation to any specified work or protective work undertaken as part of the authorised development includes—

  1. (a)

     the execution and placing of that work; and

  2. (b)

     any relaying, renewal, or maintenance of that work as may be carried out during the period of 24 months from the completion of that work; and “construct” and “constructed” have corresponding meanings;

• “detriment” means any damage to the waterway or any other property of the Trust caused by the presence of the authorised development and, without prejudice to the generality of that meaning, includes—

  1. (a)

     any obstruction of, or interference with, or hindrance or danger to, navigation or to any use of the waterway (including towing paths);

  2. (b)

     the erosion of the bed or banks of the waterway, or the impairment of the stability of any works, lands or premises forming part of the waterway;

  3. (c)

     the deposit of materials or the siltation of the waterway so as to damage the waterway;

  4. (d)

     the pollution of the waterway;

  5. (e)

     any significant alteration in the water level of the waterway, or significant interference with the supply of water thereto, or drainage of water therefrom;

  6. (f)

     any harm to the ecology of the waterway (including any adverse impact on any site of special scientific interest comprised in the Trust's network);

  7. (g)

     any interference with the exercise by any person of rights over the Trust's network;

  8. (h)

     any effect on the stability of the waterway or the safe operation and navigation of the waterway;

• “the engineer” means an engineer appointed by the Trust for the purpose in question;

• “plans” includes sections, designs, drawings, specifications, soil reports, calculations, descriptions (including descriptions of methods of construction), programmes and details of the extent, timings and duration of any proposed use or occupation of the waterway;

• “protective work” means a work constructed under paragraph 36(2)(a) and “protective works” is to be construed accordingly;

• “specified work” means so much of the authorised development as is situated upon, across, under, over or within 150 metres of, or may in any way affect the waterway and “specified works” is to be construed accordingly;

• “towpath” means the towpath forming part of the waterway;

• “the Trust” means the Canal & River Trust;

• “the Trust's network” means the Trust's network of waterways; and

• “the waterway” means the Montgomery Canal, and includes any works, lands or premises belonging to the Trust, or under its management or control, and held or used by the Trust in connection with that navigation.

Where the Code of Practice applies to any works or matter that are part of the authorised development or that form part of the protective works and there is an inconsistency between these protective provisions and the Code of Practice, the part of the Code of Practice that is inconsistent with these protective provisions will not apply and these protective provisions will apply.