# The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014, Paragraph 5: Approvals

Extent: E+W

(1) Before beginning to construct any specified work, the undertaker shall submit to the Agency for its written approval in respect of the specified work concerned—
(a) plans, calculations, cross sections, elevations, drawings, specifications and designs of the specified work together with the details of the positioning of any structure within the main river;
(b) proposals for strengthening, modification, renewal, or replacement of any drainage work required as a result of the anticipated impacts of the specified work;
(c) details of the materials and structural integrity of any flood defence provided as part of the specified work;
(d) demonstration that all flood defences likely to be impacted by the specified work will be fit for purpose for the duration of construction of the specified work;
(e) any proposed mitigation measures to minimise the impact of the specified work on any protective works to the flood defences, on the foreshore, ecologically sensitive areas and the wider environment;
(f) details of any ecological enhancements to be incorporated into the specified work;
(g) demonstration of how any new or reconstructed flood defences on the site of the specified work can be raised or otherwise provided on site in the future to meet TE2100 standards and that these standards can be maintained;
(h) demonstration that both during and post construction of the specified work there will be sufficient land based access to the drainage works for plant and machinery for the Agency to carry out emergency and non-emergency maintenance and repair works;
(i) method statements in respect of the specified work to include both timing of and methods used, sequence of construction and the type, location and storage of all machinery, materials and fuel;
(j) piling method statement specifying type of piling technique proposed, justification of chosen method, mitigation measures and timing of piling works;
(k) any proposals for reinstatement of the foreshore setting out timing of reinstatement works, measures to be used to minimise environmental impact of the specified work, materials to be used, methods of reinstatement and any proposed pollution protection measures;
(l) such further particulars as the Agency may within 20 business days of the receipt of the detailed designs reasonably require.
(2) Any such specified work shall not be constructed except in accordance with all detailed designs as may be approved in writing by the Agency under paragraph 5(1), or settled in accordance with paragraph 13 where applicable, and in accordance with any conditions or requirements specified under paragraph 5(6)(c) save that where any variation is permitted pursuant to the terms of this Order the undertaker shall submit any details so varied to the Agency.
(3) Before commencing any maintenance works within 16 metres of a drainage work the undertaker shall submit to the Agency for its written approval—
(a) time and duration of anticipated maintenance works;
(b) details of equipment and machinery to be used during the construction of the maintenance works;
(c) type, location and storage of all machinery, materials and fuel to be used during the construction of the maintenance works; and
(d) such other information as the Agency reasonably requests.
(4) Before commencing any remedial works, the undertaker shall submit to the Agency for its written approval—
(a) time and duration of the anticipated remedial works;
(b) details of equipment and machinery to be used during the remedial works;
(c) type, location and storage of all machinery, materials and fuel to be used during the construction of the remedial works; and
(d) such other information as the Agency reasonably requests.
(5) Prior to removal of in-river structures including, but not limited to, the removal of the aprons of any existing outfalls made redundant by the authorised project, the undertaker shall submit to the Agency for its written approval details of the activity including—
(a) time and duration of the works for removal;
(b) details of equipment and machinery to be used during the works for removal;
(c) type, location and storage of all machinery, materials and fuel;
(d) any proposals for reinstatement of the foreshore setting out timing of reinstatement works, measures to be used to minimise environmental impact of the works, materials to be used, methods of reinstatement and any proposed pollution protection measures; and
(e) such other information as the Agency reasonably requests.
(6) Any approval of the Agency required under paragraphs 5(1), 5(3) 5(4) and 5(5)—
(a) shall not be unreasonably withheld;
(b) in the case of a refusal, accompanied by a statement of the grounds of refusal;
(c) may be given subject to such reasonable requirements or conditions as the Agency may make for the protection of any drainage work, fishery, main river or water resources, or for the prevention of flooding or pollution or in the discharge of its environmental duties; and
(d) shall be deemed to have been refused if it is neither given nor refused within 35 business days of the specified day unless otherwise agreed.
(7) Without limitation on the scope of paragraph 5(6) the requirements or conditions which the Agency may make under paragraph 5(6) include conditions requiring the undertaker at its own expense to construct such protective works (including any new works as well as alterations to existing works) as are reasonably necessary—
(a) to safeguard any drainage work or flood defence against damage; or
(b) to secure that the efficiency or effectiveness of the drainage work for flood defence purposes is not impaired; or
(c) to ensure the risk of flooding is not otherwise increased by reason of any specified work, maintenance work or protective work,
during the construction of or by reason of the authorised project works.
(8) Any dispute in respect of any approval or refusal under paragraph 5 shall be subject to the dispute resolution procedure in paragraph 13.

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Source: https://www.legislation.gov.uk/uksi/2014/2384/schedule/16/part/3/paragraph/5 (the official version)
Page: https://openlegislation.uk/thames-water-utilities-limited-thames-tideway-tunnel-order-2014/schedule-16/part-3/paragraph-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.