{
  "url": "https://openlegislation.uk/thames-water-utilities-limited-thames-tideway-tunnel-order-2014/schedule-16/part-3/paragraph-4",
  "json_url": "https://openlegislation.uk/thames-water-utilities-limited-thames-tideway-tunnel-order-2014/schedule-16/part-3/paragraph-4.json",
  "legislation": "uksi/2014/2384",
  "legislation_title": "The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014",
  "legislation_url": "https://openlegislation.uk/thames-water-utilities-limited-thames-tideway-tunnel-order-2014",
  "path": "schedule/16/part/3/paragraph/4",
  "kind": "paragraph",
  "number": "4",
  "heading": "Structural integrity of flood defences",
  "text": "(1) Prior to the carrying out of any authorised project work which is likely to impact a flood defence, the undertaker shall provide at its own expense for the approval of the Agency, a detailed engineering report of any flood defence likely to be impacted upon by that authorised project work, such engineering report to include but not be limited to—\n(a) details of the structural condition of any flood defence likely to be impacted;\n(b) the estimated remaining life expectancy of any flood defence in the control or ownership of the undertaker likely to be impacted;\n(c) the nature and extent of the predicted impacts on any flood defence;\n(d) identification of the flood defences likely to be significantly impacted based on the following criteria—\n(i) tunnelling or other construction activities comprised in the authorised project that may lead to a flood defence asset falling below the statutory defence level as agreed by the Agency;\n(ii) tunnelling or other construction activities comprised in the authorised project that may lead to an effect on the overall structural integrity of the flood defence; and\n(iii) any other criteria as the Agency may reasonably require;\n(e) the need for any protective work or protective works required to be carried out prior to the construction of that authorised project work likely to impact a flood defence, so as to ensure the structural integrity of the flood defence likely to be impacted is maintained during construction of that authorised project work;\n(f) baseline monitoring of flood defences likely to be significantly impacted unless otherwise agreed with the Agency; and\n(g) and such other information as the Agency may reasonably require,\nand the relevant authorised project work shall not commence until the engineering report or reports in respect of the flood defence or defences it is likely to impact have been provided to, and approved by, the Agency.\n(2) The undertaker shall provide at its own expense in liaison with, and for the approval of, the Agency, a flood defence monitoring plan for any flood defence likely to be significantly impacted by the authorised project.\n(3) The flood defence monitoring plan shall include but not be limited to—\n(a) demonstration and justification of the spatial extent and coverage of the monitoring identified as a consequence of the baseline monitoring;\n(b) details of the proposed monitoring techniques with consideration of effects of movement in all directions, including differential movements, increases in tie rod stresses and crack and movement joint monitoring;\n(c) details of the proposed duration of monitoring and the monitoring frequencies required to establish if external factors are having an effect on readings;\n(d) details of the proposed contents of a report on the construction and operational monitoring and proposed trigger levels for associated mitigation;\n(e) trigger levels under the flood defence monitoring plan submitted pursuant to paragraph 4(2) above for associated mitigation;\n(f) proposed duration and frequency of monitoring during operational phase of the authorised project; and\n(g) such other information as the Agency may reasonably require,\n(h) and no authorised project work likely to significantly impact a flood defence shall commence until the flood defence monitoring plan for that work has been provided and approved by the Agency.\n(4) Monitoring shall be carried out in accordance with the flood defence monitoring plan as approved by the Agency or otherwise determined until—\n(a) ground movements attributable to the authorised project have ceased or the rate of settlement is less than or equal to 2mm per year; or\n(b) for a period of 1 year following the completion of construction,\nwhichever is the later.\n(5) The undertaker shall provide at its own expense in liaison with, and for the approval of, the Agency, a flood defence movement and settlement mitigation plan for any flood defence likely to be significantly impacted by the authorised project.\n(6) The flood defence movement and settlement mitigation plan shall include but not be limited to—\n(a) information from relevant engineering reports;\n(b) results of the monitoring carried out in accordance with the flood defence monitoring plan;\n(c) timescales to enact short, medium and long term mitigation measures to maintain the standard of flood defence and have due regard to protection of foreshore habitat;\n(d) short term mitigation and remediation measures for emergency use, including an emergency response plan;\n(e) medium term mitigation and remediation measures for use during construction works;\n(f) long term mitigation and remediation measures based on ongoing monitoring, including post construction effects;\n(g) hierarchy of mitigation and remediation measures according to the degree of settlement and movement, with full justification to why the chosen technique is appropriate;\n(h) methodologies for removal of any structures or mitigation measures;\n(i) demonstration that chosen mitigation and remediation techniques are sensitive to the foreshore habitat and hydraulic regime;\n(j) demonstration that the mitigation would not preclude options for future raising of defences and associated modification,\nand the mitigation shall thereafter be carried out in accordance with the flood defence movement and settlement mitigation plan as approved by the Agency or otherwise determined.\n(7) The approval process in paragraph 5 shall apply to the submission of any plan under paragraphs 4(1), 4(2) and 4(5) as if such plan was submitted to the Agency under paragraph 5(1) and the “specified day” shall be the first business day on which submission is received by the Agency under paragraphs 4(1), 4(2) or 4(5), and paragraph 5(6)(a),(b) and (d) shall apply accordingly.\n(8) If required by the Agency the undertaker shall construct all or part of any protective works so that they are in place prior to the carrying out of any authorised project work to which they relate.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 16 Pt. 3 para. 4 in force at 24.9.2014, see art. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2014/2384/schedule/16/part/3/paragraph/4",
    "retrieved_at": "2026-10-29T00:03:40.087761+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}