# The York Potash Harbour Facilities Order 2016, Paragraph 3: Consent to works in the shared area


(1) Where the consent or agreement of the NZT Undertaker is required under the provisions of this Schedule the undertaker must give at least 21 days written notice to the NZT Undertaker of the request for such consent or agreement and in such notice must specify the works or matter for which consent or agreement is to be requested and the Plans that will be provided with the request which must identify—
(a) the land that will or may be affected;
(b) which Works Nos. from the Order any powers sought to be used or works to be carried out relate to;
(c) the identity of the contractors carrying out the work;
(d) the proposed programme for the power to be used or works to be carried out; and
(e) the named point of contact for the undertaker for discussions in relation to the information supplied and the consenting process.
(2) The NZT Undertaker must notify the undertaker within 14 days of the receipt of the written notice under sub-paragraph (1) of—
(a) any information it reasonably requires to be provided in addition to that proposed to be supplied by the undertaker under sub-paragraph (1);
(b) any particular circumstances with regard to the construction or operation of the NZT Project it requires to be taken into account;
(c) the named point of contact for the NZT Undertaker for discussions in relation to the information supplied and the consenting process; and
(d) the specific person who will be responsible for confirming or refusing the consent or agreement.
(3) Any request for consent under paragraphs 5(1), 6(1) and 6(2) must be accompanied by the information referred to in sub-paragraph (1) as amended or expanded in response to sub-paragraph (2).
(4) Subject to sub-paragraph (5), where conditions are included in any consent granted by the NZT Undertaker pursuant to this Part of this Schedule, the undertaker must comply with the conditions if it chooses to implement or rely on the consent, unless the conditions are waived or varied in writing by the NZT Undertaker.
(5) Wherever in this Schedule provision is made with respect to the agreement, approval or consent of the NZT Undertaker, that approval or consent must be in writing and subject to such reasonable terms and conditions as the NZT Undertaker may require including conditions requiring protective works to be carried out, but must not be unreasonably refused or delayed and for the purposes of these provisions it will be deemed to be reasonable for any consent to be refused if it would—
(a) compromise the safety and operational viability of the NZT Project;
(b) make regulatory compliance more difficult or expensive; and/or
(c) prevent the ability of the NZT Undertaker to have uninterrupted access to the NZT Project,
provided that before the NZT Undertaker can validly refuse consent for any of the reasons set out in sub-paragraphs (a) and (b) it must first give the undertaker seven days’ notice of such intention and consider any representations made in respect of such refusal by the undertaker to the NZT Undertaker within that seven day period.
(6) The seven day period referred to in the proviso to sub-paragraph (5) must be added to the period of time within which any request for agreement, approval or consent is required to be responded to pursuant to the provisions of this Schedule.
(7) In the event that—
(a) the undertaker considers that the NZT Undertaker has unreasonably withheld its authorisation or agreement under paragraphs 5(1), 6(1) and/or 6(2); or
(b) the undertaker considers that the NZT Undertaker has given its authorisation under paragraphs 5(1), 6(1) and/or 6(2) subject to unreasonable conditions,
the undertaker may refer the matter to an expert for determination under paragraph 11.
(8) Any notice under sub-paragraph (1) and any request for approval or consent under the provisions of this Schedule must be sent to the NZT Undertaker by recorded delivery and addressed to Andy Lane, VP Hydrogen – UK, bp, Chertsey Road, Sunbury on Thames, Middlesex TW16 7LN, and copied to Clare Haley, Senior Counsel, bp, Chertsey Road, Sunbury on Thames, Middlesex TW16 7LN (or the equivalent named individual holding those positions at the time of the notice) and by email to andy.lane@uk.bp.com and clare.haley@uk.bp.com.
(9) In the event that the NZT Undertaker does not respond in writing to a request for approval or consent or agreement within 28 days of its receipt of the postal request then the undertaker may serve upon the NZT Undertaker written notice requiring the NZT Undertaker to give their decision within a further 28 days beginning with the date upon which the NZT Undertaker received written notice from the undertaker and, subject to compliance with sub-paragraph (10), if by the expiry of the further 28 day period the NZT Undertaker has failed to notify the undertaker of its decision the NZT Undertaker is deemed to have given its consent, approval or agreement without any terms or conditions.
(10) Any further notice given by the undertaker under sub-paragraph (9) must include a written statement that the provisions of sub-paragraph (9) apply to the relevant approval or consent or agreement.

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Source: https://www.legislation.gov.uk/uksi/2016/772/schedule/12/paragraph/3 (the official version)
Page: https://openlegislation.uk/york-potash-harbour-facilities-order-2016/schedule-12/paragraph-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.