OpenLegislation

Paragraph 49 I1

England, Wales and Scotland As made

(1)

The undertaker must not under the powers of this Order carry out any specified works without the consent of Cottam, which must not be unreasonably withheld or delayed but which may be made subject to reasonable conditions and if Cottam does not respond within 28 days of the undertaker’s request for consent, then consent is deemed to be given.

(2)

Subject to obtaining consent pursuant to sub-paragraph (1) and before beginning to construct any specified works, the undertaker must submit plans of the specified works to Cottam and must submit any such further particulars available to it that Cottam may reasonably require.

(3)

Any specified works must be constructed without unreasonable delay in accordance with the plans approved in writing by Cottam.

(4)

Any approval of Cottam required under this paragraph may be subject to such reasonable conditions as may be required for the protection or alteration of any apparatus (including proposed apparatus) in the Cottam Work Area or within 25m of the Cottam Work Area or for securing access to such apparatus or the Cottam Work Area.

(5)

Where Cottam requires any protective works to be carried out either by themselves or by the undertaker (whether of a temporary or permanent nature) such protective works must be carried out to Cottam’s reasonable satisfaction.

(6)

Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of specified works, new plans instead of the plans previously submitted, and the provisions of this paragraph apply to and in respect of the new plans.

Annotations

Commencement

I1

Sch. 15 para. 49 in force at 5.11.2025, see art. 1