Paragraph 11 I1

England, Wales and Scotland

(1)

Any specified work capable of interfering with or risking damage to any drainage work for flood defence must not commence until a scheme for monitoring ground subsidence (referred to in this paragraph as “the monitoring scheme”) has been submitted to and approved by the Agency, such approval not to be unreasonably withheld or delayed.

(2)

The monitoring scheme described in sub-paragraph (1) must set out—

(a)

the drainage work 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, will require the undertaker to submit for the Agency’s approval a ground subsidence mitigation scheme in respect of such subsidence in accordance with sub-paragraph (5).

(3)

The Agency must give notice of its decision as to whether or not it approves the monitoring scheme within 21 days beginning with—

(a)

where no further information is requested under sub-paragraph (4), the day immediately following that on which the application is received by the discharging authority; and

(b)

where further information is requested under sub-paragraph (4), the day immediately following that on which further information has been supplied by the undertaker.

(4)

Where an application has been made under sub-paragraph (1) the Agency may request such reasonable further information from the undertaker as it considers necessary to enable it to consider the application.

(5)

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”) must be submitted to the Agency 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 the Agency.

Annotations

Commencement

I1: Sch. 10 Pt. 3 para. 11 in force at 15.9.2016, see art. 1