Paragraph 31 Prior Approvals and Security
The NH works must not commence until—
a stage 1 and a stage 2 road safety audit processes have been completed in full in accordance with the road safety audit standard;
the programme of works has been approved by National Highways;
the detailed design of the NH works comprising of the following details, insofar as considered relevant by National Highways, has been submitted to and approved by National Highways—
the detailed design information, incorporating the RSA actions;
details of the proposed road space bookings;
a scheme of traffic management;
the identity of the contractor and nominated persons;
a process for stakeholder liaison, with key stakeholders to be identified and agreed between National Highways and the Company, both acting reasonably; and
the walking, cycling and horse-riding assessment and review process appropriate to the completion of detailed design has been completed;
in the event that National Highways considers that an amendment to the speed limit in the vicinity of the level crossing or other measures under the 1984 Act are reasonably necessary to secure the safety and efficiency of the A21, that a Road Traffic Regulation Order has been made to give force to those measures;
a scheme of traffic management has been submitted by the Company and approved by National Highways such scheme to be capable of amendment by agreement between the Company and National Highways from time to time;
stakeholder liaison has taken place in accordance with the process for such liaison agreed between the Company and National Highways under sub-paragraph (c)(v);
the Company has agreed the estimate of the commuted sum with National Highways, both acting reasonably;
the scope of all maintenance operations (routine inspections, incident management, reactive and third party damage) to be carried out by the Company during the construction of the NH works has been agreed in writing by National Highways;
the Company has procured to National Highways collateral warranties in a form approved by National Highways from the contractor and designer of the NH works in favour of National Highways to include covenants requiring the contractor and designer to exercise all reasonable skill care and diligence in designing and constructing the NH (power to survey and investigate land) works, including in the selection of materials, goods, equipment and plant;
a condition survey and regime of monitoring of any National Highways assets or structures that National Highways, in its reasonable opinion, considers will be affected by the NH works, has been agreed in writing by National Highways; and
a DLOA has been entered into, the completion of which must not be unreasonably withheld or delayed by either party.
National Highways must provide the Company with a list, to be agreed between the Company and National Highways, both acting reasonably, of all structures and assets to be subject to a condition survey and regime of monitoring pursuant to paragraph 31(1)(j) before the first condition survey is conducted.
National Highways must prior to the commencement of the NH works inform the Company of the identity of the person who will act as a point of contact on behalf of National Highways for consideration of the information required under sub-paragraph (1).
National Highways must notify the Company of its approval or, as the case may be, of its disapproval of any matter under paragraph 31 and the grounds of disapproval within 56 days of the information required under this paragraph being received by National Highways.
In the event of any disapproval, the Company may re-submit the information required under the relevant sub-paragraph with modifications and National Highways must notify the Company of its approval or disapproval and the grounds of disapproval within 56 days of the revised detailed design being received by National Highways.
Approval under this paragraph may be given subject to such reasonable requirements as National Highways may make for the protection of the A21 in the vicinity of the NH works.
In its approval of the contractor pursuant to sub-paragraph 31(1)(c)(iv), National Highways is entitled to take into consideration the experience and expertise of the proposed contractor, including previous experience of level crossing installation over the public highway. National Highways will not be acting unreasonably if, in National Highways’ reasonable opinion, the proposed contractor does not have sufficient experience and expertise, but will not be entitled to refuse to approve a contractor merely on grounds that the contractor is providing services to the Company in a volunteer capacity, or intends to use suitably experienced volunteer workers to carry out all or part of the NH works.