Paragraph 5 Tidal works: approval of detailed designI1

England and Wales

(1)

Before—

(a)

commencing the construction or carrying out of a tidal work; or

(b)

commencing any operation for the maintenance of a tidal work,

the undertaker shall submit to the Authority plans and sections of the tidal work, a scour and accretion monitoring and mitigation plan relating to the tidal work, a navigational risk assessment, its proposals for any lighting and laying down of buoys to secure the navigational safety of the river in the vicinity of the proposed tidal works (including any area over which public rights of navigation have been suspended) and such further particulars as the Authority may reasonably require.

(2)

A tidal work shall not be constructed, carried out or maintained except in accordance with plans and sections approved in writing by the Authority under this paragraph or determined under paragraph 24.

(3)

Any approval of the Authority required under this paragraph shall not be unreasonably withheld but may be given subject to such reasonable conditions as the Authority may make for the protection of—

(a)

traffic in, or the flow or regime of, the river;

(b)

the use of its operational land or the river for the purposes of performing its functions; or

(c)

the performance of any of its functions connected with environmental protection.

(4)

Conditions made under paragraph 5(3) may include conditions as to—

(a)

the proposed location of any temporary work and its dimensions;

(b)

the length of time that any temporary work may be kept in place;

(c)

the removal of any temporary work and the undertaking by the undertaker of any related work or operation that the Authority considers to be necessary for the purpose of removing or preventing any obstruction to navigation;

(d)

the relocation, provision and maintenance of works (other than tidal works), moorings, apparatus and equipment necessitated by the tidal work; and

(e)

the expiry of the approval if the undertaker does not commence construction or carrying out of the approved tidal work within a prescribed period.

(5)

Subject to paragraph 5(6) and paragraph 5(7), an application for approval under this paragraph shall be deemed to have been refused if it is neither given nor refused within 35 business days of the specified day.

(6)

An approval of the Authority under this paragraph shall not be deemed to have been unreasonably withheld if approval within the time limit specified by paragraph 5(5) has not been given pending the outcome of any consultation on the approval in question that the Authority is obliged to carry out in the proper exercise of its functions.

(7)

In the event that the Authority requires further information pursuant to paragraph 5(1), then the Authority shall determine the submission submitted pursuant to paragraph 5(1) as soon as reasonably practicable, but in any event no later than 65 business days from the specified day.

(8)

An approval of the Authority under this paragraph is evidence that the plans and sections to which the approval relates have been approved only as affecting the Authority, the Authority’s functions and the River in relation to those functions, and does not imply approval or endorsement of the plans and sections for any other purpose.

Annotations

Commencement

I1: Sch. 16 Pt. 2 para. 5 in force at 24.9.2014, see art. 1