# The Southampton to London Pipeline Development Consent Order 2020, Paragraph 128


(1) Not less than 14 days before beginning any low risk works the undertaker must submit to Cadent a plan identifying the nature of the works and the planned interaction with apparatus and the undertaker will undertake those works in accordance with the requirements of sub-paragraph (12) of this paragraph and no work will be undertaken in the vicinity of the apparatus without the formal written consent of Cadent in accordance with paragraph 2 of Cadent’s policies for safe working in proximity to gas apparatus “Specification for safe working in the vicinity of Cadent assets for third parties SSW22”.
(2) Save where sub-paragraph (1) applies in respect of low risk works, not less than 56 days before the commencement of any specified works the undertaker must submit to Cadent a plan and, if reasonably required by Cadent, a ground monitoring scheme in respect of those works.
(3) The plan to be submitted to Cadent under sub-paragraph (2) must include a method statement and describe—
(a) the exact position of the works;
(b) the level at which these are proposed to be constructed or renewed;
(c) the manner of their construction or renewal including details of excavation, positioning of plant etc.;
(d) the position of all apparatus;
(e) by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus; and
(f) any intended maintenance regimes.
(4) The undertaker must not commence any works to which sub-paragraphs (2) and (3) apply until Cadent has given written approval of the plan so submitted.
(5) Any approval of Cadent required under sub-paragraph (4)—
(a) may be given subject to reasonable conditions for any purpose mentioned in sub-paragraphs (6) or (8); and,
(b) must not be unreasonably withheld or delayed.
(6) In relation to any work to which sub-paragraphs (2) and/or (3) apply, Cadent may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing apparatus against interference or risk of damage or for the purpose of providing or securing proper and no less convenient means of access to any apparatus.
(7) Works to which this paragraph applies must only be executed in accordance with the plan, submitted under sub-paragraphs (2) and (3) or as relevant sub-paragraph (6), as approved or as amended from time to time by agreement between the undertaker and Cadent and in accordance with all conditions imposed under sub-paragraph (5)(a), and Cadent will be entitled to watch and inspect the execution of those works.
(8) Where Cadent reasonably requires any protective works to be carried out by itself or by the undertaker (whether of a temporary or permanent nature) such protective works, inclusive of any measures or schemes required and approved as part of the plan approved pursuant to this paragraph, must be carried out to Cadent’s reasonable satisfaction prior to the commencement of any authorised works (or any relevant part thereof) for which protective works are required prior to commencement.
(9) If Cadent, in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 120 to 122 and 125 to 127 apply as if the removal of the apparatus had been required by the undertaker under paragraph 126(2).
(10) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 14 days (in respect of low risk works) or otherwise 56 days before commencing the execution of the authorised works, a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph will apply to and in respect of the new plan.
(11) The undertaker is not required to comply with sub-paragraph (1) where it needs to carry out emergency works as defined in the 1991 Act but in that case it must give to Cadent notice as soon as is reasonably practicable and a plan of those works and must comply with—
(a) the conditions imposed under sub-paragraph (5)(a) insofar as is reasonably practicable in the circumstances; and
(b) sub-paragraph (12) at all times.
(12) At all times when carrying out any works authorised under the Order the undertaker must comply with the Cadent’s policies for safe working in proximity to gas apparatus “Specification for safe working in the vicinity of Cadent assets requirements for third parties SSW22” and HSE’s “HS(~G)47 Avoiding Danger from underground services”.
(13) As soon as reasonably practicable after any ground subsidence event attributable to the authorised development the undertaker must implement an appropriate ground mitigation scheme save that Cadent retains the right to carry out any further necessary protective works for the safeguarding of its apparatus and can recover any such costs in line with paragraph 129.
(14) The undertaker must not commence (and must not permit the commencement of) the authorised works or any intrusive environmental (including archaeological) surveys and investigation or intrusive site or soil survey, on any land owned by Cadent or in respect of which Cadent has an easement or wayleave for its apparatus or any other interest or to carry out any works within 15 metres in any direction of Cadent’s apparatus unless and until Cadent is satisfied acting reasonably (but subject to all necessary regulatory constraints) that the undertaker has procured acceptable insurance (and provided evidence to Cadent that it will maintain such acceptable insurance for the construction period of the authorised works from the proposed date of commencement of the authorised works) and Cadent has confirmed the same in writing to the undertaker (such confirmation not to be unreasonably withheld or delayed).

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Source: https://www.legislation.gov.uk/uksi/2020/1099/schedule/9/paragraph/128 (the official version)
Page: https://openlegislation.uk/southampton-to-london-pipeline-development-consent-order-2020/schedule-9/paragraph-128
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.