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The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014

Type Statutory-Instrument

Publication 2014-09-03

Last updated 2014-09-24

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(2) The Authority shall give to the undertaker not less than 20 business days’ notice of its intention to incur such costs, and take into account any representations which the undertaker may make in response to the notice within 10 business days of the receipt of the notice.

Removal of temporary works

12

(1) On completion of the construction or carrying out of any part of a permanent work, authorised by this Order the undertaker shall as soon as practicable remove—

(a) any temporary work carried out only for the purposes of that part of the permanent work; and

(b) any materials, plant and equipment used for such construction or carrying out,

and shall make good the site of the permanent work to the reasonable satisfaction of the Authority.

(2) Accordingly, on completion of the construction of the authorised development everything within the description in paragraph 12(1)(a) or (b) and relating to the authorised development shall have been removed as soon as reasonably practicable in accordance with this paragraph.

Survey of river bed

13

The undertaker shall, at its own expense, carry out the following surveys, the scope of which shall be agreed by the undertaker and the Authority—

(a) before the commencement of construction or carrying out of the first tidal work to be commenced following approval under paragraph 5, a survey of such parts of the river as might be affected by sedimentation or scouring that might result from the construction of so much of the authorised project as would comprise tidal works if they were to be constructed, such survey being for the purpose of establishing the condition of the river at the time the survey is carried out;

(b) before the commencement of construction or carrying out of any tidal work approved under paragraph 5, a survey of such parts of the river as might be affected by sedimentation or scouring resulting from that tidal work, such survey being for the purpose of establishing the condition of the river at the time the survey is carried out;

(c) during the construction or carrying out of any tidal work, such surveys of the river (for the purpose of ascertaining the effect of that tidal work on the river) as are stipulated in the scour and accretion monitoring and mitigation strategy or the relevant scour and accretion monitoring and mitigation plan; and

(d) after completion of, respectively, any tidal work and all the tidal works constructed or carried out under this Order, a survey of the completed tidal works as constructed or carried out (for the purpose of establishing the condition of the river and the effect that the tidal work or the authorised project is, or as the case may be the tidal works are, having on sedimentation or scouring, the flow and regime of the river, the navigation of the river or the protection of structures within the river or the exercise of the Authority’s functions) as are stipulated in the scour and accretion monitoring and mitigation strategy or the relevant scour and accretion monitoring and mitigation plan.

Sedimentation, etc: remedial action

14

(1) This paragraph applies if any part of the river has become or is likely to become subject to sedimentation, scouring or other changes in the flow or regime of the river which—

(a) is wholly or partly caused by a tidal work during the period beginning with the commencement of construction of the tidal work and (subject to sub-paragraph (4)) ending with the expiration of 6 years after the date of completion of all the tidal works comprised in the authorised project; and

(b) for the safety of navigation or for the protection of any works in the river, should in the reasonable opinion of the Authority be removed or made good.

(2) The undertaker shall either—

(a) pay to the Authority any additional expense to which the Authority may reasonably be put in dredging the river to remove the sedimentation or in making good the scouring so far as (in either case) it is attributable to the tidal work; or

(b) carry out the necessary dredging or work to make good the scouring at its own expense and subject to the prior approval of the Authority which may be subject to reasonable conditions but which may not be unreasonably withheld or delayed;

and the expenses payable by the undertaker under this paragraph include any additional expenses accrued or incurred by the Authority in carrying out surveys or studies which may be agreed with the undertaker in connection with the implementation of this paragraph.

(3) The Authority may serve notice on the undertaker before the expiration of 6 years after the date of completion of all the tidal works comprised in the authorised project stating that in the opinion of the Authority the river or any part of it may become subject to sedimentation, scouring or other changes in the flow or regime of the river after the expiry of the said six year period. Any such notice shall specify the additional period for protection (which cannot exceed a period of 10 years after the date of completion of all the tidal works comprised in the authorised project) and the Authority’s case for requiring this.

(4) On receipt of any notice the undertaker may serve a counter-notice within 15 business days beginning on the day the notice was received such notice to include details of the undertaker’s objection to the Authority’s notice or any conditions it may wish to impose on compliance by the undertaker with the Authority’s notice.

(5) In the event that the Authority and the undertaker cannot agree the matters raised in the Authority’s notice and the undertaker’s counter-notice within two months from the service of the undertaker’s counter-notice either party may refer the matter to arbitration under paragraph 24.

(6) If the undertaker fails to serve a counter-notice or if it serves a counter-notice and the matter is either agreed between the Authority and the undertaker or determined pursuant to paragraph 14(5) then the provisions of paragraph 14(1) and (2) shall apply during such additional period as specified in the Authority’s notice or as may be agreed or determined pursuant to paragraph 14(5).

Protective action

15

(1) If any tidal work is constructed or carried out—

(a) otherwise than in accordance with the requirements of this Part of this Schedule or with any condition in an approval given pursuant to paragraph 5; or

(b) during construction is found (when measured against any of the surveys carried out under paragraph 13(1)(a) and (b)) to give rise to sedimentation or scouring that is detrimental to traffic in, or the flow or regime of, the river,

then the Authority may by notice in writing require the undertaker at its own expense to comply with the remedial requirements specified in the notice.

(2) The requirements that may be specified in a notice given under paragraph 15(1) are—

(a) in the case of a tidal work to which paragraph 15(1)(a) applies, such requirements as may be specified in the notice for the purpose of giving effect to the requirements of—

(i) this Part of this Schedule; or

(ii) the condition that has been breached; or

(b) in any case within paragraph 15(1)(b), such requirements as may be specified in the notice for the purpose of preventing, mitigating or making good the sedimentation or scouring, so far as required by the needs of traffic in, or the flow or regime of, the river.

(3) If the undertaker does not comply with a notice under paragraph 15(1), or is unable to do so then the Authority may in writing require the undertaker to—–

(a) remove, or alter the tidal work, and where the tidal work is removed to restore the site of that work (to such extent as the Authority reasonably requires) to its former condition; or

(b) take such other action as the Authority may reasonably specify for the purpose of remedying the non-compliance to which the notice relates.

(4) If—

(a) the undertaker becomes aware that a tidal work is giving rise to environmental impacts over and above those reported in the environmental statement; or

(b) the Authority becomes aware that any tidal work is causing an environmental impact over and above those anticipated by the environmental statement and the Authority notifies the undertaker of that environmental impact, the reasons why the Authority believes that the environmental impact is being caused by a tidal work and of the measures that the Authority reasonably believes are necessary to counter or mitigate that environmental impact,

the undertaker shall implement the measures that the Authority has notified to the undertaker or shall implement such other measures as agreed between the undertaker and the Authority.

Obstruction in the river

16

(1) If any pile, stump or other obstruction to navigation becomes exposed as a result of constructing any tidal work (other than a pile, stump or other obstruction on the site of a structure comprised in any permanent work), the undertaker shall, as soon as reasonably practicable after the receipt of notice in writing from the Authority requiring such action, remove it from the river or, if it is not reasonably practicable to remove it—

(a) cut the obstruction off at such level below the bed of the river as the Authority may reasonably direct; or

(b) take such other steps to make the obstruction safe as the Authority may reasonably require.

(2) If after such reasonable period as may be specified in a notice under this paragraph the undertaker has failed to begin taking steps to comply with the requirements of the notice, or after beginning has failed to make reasonably expeditious progress towards their implementation, the Authority may carry out the works specified in the notice and any expenditure reasonably incurred by it in so doing shall be recoverable from the undertaker.

Scour monitoring and mitigation

17

(1) The undertaker shall submit a scour and accretion monitoring and mitigation strategy to the Authority for approval, such determination to be given—

(a) by 30th September 2014; or

(b) within 5 business days of this Order coming into force; or

whichever is the latest.

(2) Prior to the commencement of any tidal work, a scour and accretion monitoring and mitigation plan for that tidal work shall be prepared by the undertaker in accordance with the scour and accretion monitoring and mitigation strategy approved under paragraph 17(1) or otherwise determined, and the scour and accretion monitoring and mitigation plan shall be submitted to the Authority for approval within 35 business days of the specified day.

(3) Following any submission of a scour and accretion monitoring and mitigation plan under paragraph 17(2), the approval process in paragraph 5 shall apply to such submission as if it were a submission under paragraph 5(1) and the “specified day” shall be the first business day on which such submission is received by the Authority under paragraph 17(2).

(4) The carrying out of any tidal work shall proceed only in accordance with the scour and accretion monitoring and mitigation plan as approved by the Authority under paragraph 17(2).

Abandoned or Decayed Works

18

(1) If any tidal work or any other work of which the undertaker is in possession in exercise of any of the powers of this order (being a work which is below mean high water level) is abandoned or falls into decay, the Authority may by notice in writing require the undertaker to take such reasonable steps as may be specified in the notice either—

(a) to repair or restore the work, or any part of it; or,

(b) to remove the work and (to such extent as the Authority reasonably requires) to restore the site of the work to its former condition.

(2) If any tidal work is in such condition that it is, or is likely to become, a danger to or an interference with navigation in the river, the Authority may by notice in writing require the undertaker to take such reasonable steps as may be specified in the notice either—

(a) to repair and restore the work or part of it; or

(b) if the undertaker so elects, to remove the tidal work and (to such extent as the Authority reasonably requires) to restore the site of the work to its former condition.

(3) If after such reasonable period as may be specified in a notice under this paragraph the undertaker has failed to begin taking steps to comply with the requirements of the notice, or after beginning has failed to make reasonably expeditious progress towards their implementation, the Authority may carry out the works specified in the notice and any expenditure reasonably incurred by it in so doing shall be recoverable from the undertaker.

Permanent works where land not acquired

19

(1) Notwithstanding any rule of law, any permanent work that is constructed in, on under or over land that is not acquired by the undertaker shall remain vested in the undertaker and shall not be annexed to the land.

(2) The Authority will grant to the undertaker a licence under section 66 of the 1968 Act in respect of any work to which sub-paragraph (1) applies.

20

(1) The undertaker shall not in the exercise of the powers granted by this order interfere with any marks, lights or other navigational aids in the river without the agreement of the Authority, and shall ensure that access to such aids remains available during and following construction of any tidal works.

(2) The undertaker shall at any tidal works provide, or afford, reasonable facilities (including an electricity supply) for the Authority to provide at the undertaker’s cost, from time to time, such navigational lights, signals, radar, or other apparatus for the benefit, control and direction of navigation as the Authority may deem necessary by reason of the construction or carrying out of any tidal works, and shall ensure that access remains available to apparatus during and following construction of or carrying out of such works.

Indemnities, costs and exercise of DCO powers and compensation

21

(1) The undertaker shall be responsible for and make good to the Authority all financial costs or losses not otherwise provided for in this Part of this Schedule which may reasonably be incurred or suffered by the Authority by reason of—

(a) the construction or operation of the authorised project or the failure of any works comprised within it;

(b) anything done in relation to a mooring or buoy pursuant to paragraph 10; or;

(c) any act or omission of the undertaker, its employees, contractors or agents or others whilst engaged upon the construction or operation of the authorised project or dealing with any failure of the authorised project;

(d) and the undertaker shall indemnify the Authority from and against all claims and demands arising out of or in connection with the authorised project or any such failure, act or omission.

(2) The fact that any act or thing may have been done—

(a) by the Authority on behalf of the undertaker; or

(b) by the undertaker, its employees, contractors or agents in accordance with plans or particulars submitted to or modifications or conditions specified by the Authority, or in a manner approved by the Authority, or under its supervision or the supervision of its duly authorised representative;

shall not (if it was done or required without negligence on the part of the Authority or its duly authorised representative, employee, contractor or agent) excuse the undertaker from liability under the provisions of this paragraph.

(3) In complying with the indemnity provisions pursuant to this paragraph the undertaker’s liability shall either be limited to a sum to be agreed between the parties or unlimited.

(4) The Authority shall give the undertaker reasonable notice of any such claim or demand as is referred to in sub-paragraph (1), and no settlement or compromise of any such claim or demand shall be made without the prior consent of the undertaker.

Maintenance dredging

22

For the avoidance of doubt, section 73 of the 1968 Act shall apply to any maintenance dredging carried out by the undertaker.

Notifications

23

(1) The undertaker shall serve notice in writing of any transfer made pursuant to Article 9 upon the Authority together with a copy of the instrument or deed effecting such transfer within 10 business days of any such transfer.

(2) The undertaker shall serve a copy of its application to discharge requirement PW4 in the Order upon the Authority within 10 business days of the submission of such application.

(3) The undertaker shall inform the Authority in writing of the intended start date and the likely duration of tidal works on a site at least 10 business days prior to the commencement of the first tidal work on that site.

(4) The undertaker shall serve notice in writing specifying the details of the vertical and horizontal alignment of any tunnelling works at least 10 business days prior to the carrying out of the tunnelling works to which the notice relates.

(5) Not less than 3 months after the completion of construction of any tidal work or any tunnelling works in the river the undertaker shall provide to the Authority plans and sections of the work as constructed.

Disputes

24

Any dispute arising between the undertaker and the Authority under this Part of this Schedule shall be determined by arbitration in accordance with article 63 (arbitration) unless otherwise agreed in writing by the undertaker and the Authority.

PART 3 — THE ENVIRONMENT AGENCY

1

The following provisions shall apply for the protection of the Environment Agency (in this schedule referred to as “the Agency”).

2

The requirement for consent under Section 109 of the Water Resources Act and Thames Region Land Drainage bylaws 1981 (made pursuant to Section 34 of the Land Drainage Act 1976) shall not be required for the authorised development subject to the conditions contained in this Schedule.

Definitions

3

In this Schedule—

“authorised project work” means any work forming part of the authorised project;

“baseline monitoring” means any surveys carried out to determine and establish movements of the flood defences due to factors external to the authorised project including but not limited to seasonal variations or diurnal impacts due to tide or temperature;

“CEMP” means the construction environment management plan to be produced for each site in accordance with the CoCP;

“COCP” means the Code of Construction Practice Part A— General Requirements (document reference number APP205.01) or the Code of Construction Practice Part B— Site Specific Requirements (document reference number APP178.03 to APP178.49); “construction” includes execution, placing, altering, replacing, relaying, removal and excavation and “construct” and “constructed” shall be construed accordingly; “damage” includes but is not limited to scouring, erosion, loss of structural integrity and environmental damage to the drainage work or any flora or fauna dependent on the aquatic environment and “damaged” shall be construed accordingly;

“detailed designs” means any information submitted under paragraph 5(1)a-l;

“drainage work” means any main river and any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage, flood defence or tidal monitoring or flood storage capacity;

“engineering report” means a report of the structural condition of a flood defence as set out in paragraph 4(1);

“ecological enhancements” means the inclusion of any features integral to or adjacent to the foreshore structures and any new, modified, or replaced flood defences that can support wildlife. This includes, but is not limited to, where practicable, the set back of flood defences to provide inter-tidal habitat and the creation of shelters for juvenile fish;

“environmental duties” means the Agency’s duties in the Environment Act, the Natural Environment and Rural Communities Act 2006 and the Water Environment (Water Framework Directive)(England and Wales) Regulations 2003 (SI 2003 no 3242);

“fishery” means any waters containing fish, and fish in or migrating to or from such waters and the spawn, spawning grounds or food for such fish;

“flood defences” means any bank, wall, embankment, bridge abutments, lock gates or other structure or any appliance (including any supporting anchorage system) that fulfils a function of preventing, or reducing the risk of, flooding to land or property;

“flood defence monitoring plan” means a flood defence monitoring plan prepared in accordance with paragraph 4(2);

“flood defence movement and settlement mitigation plan” means a flood defence movement and settlement mitigation plan prepared in accordance with paragraph 4(5);

“flood storage capacity” means any land, which, taking account of flood defences, is expected to provide flood storage capacity for any main river;

“flood defences likely to be impacted” means— all flood defences within the order limits; all flood defences within 16m of the order limits of any site; all flood defences within the 1mm settlement contour for the final tunnel alignment, and “likely to impact a flood defence” shall be construed accordingly;

“flood defences likely to be significantly impacted” means those flood defences identified and agreed between the undertaker and the Agency following the submission of relevant engineering reports;

“main river” “means all watercourses shown as such on the statutory main river maps held by the Agency and the Department of Environment, Food and Rural Affairs, including any structure or appliance for controlling or regulating the flow of water into, in or out of the channel;

“maintenance” has the same meaning as article 2 save for the exclusion of the works of inspection;

“protective work” means any authorised project work, or work identified pursuant to the engineering report, necessary for the protection of flood defences and to be carried out prior to the construction of any authorised project work to which the protective work relates;

“remedial works” means any proposed mitigation or measure or measures submitted by the undertaker under paragraph 5(4) or required by the Agency under paragraph 9 or paragraph 10;

“scour and accretion monitoring and mitigation strategy” means a scour and accretion monitoring and mitigation strategy for the specified works in the foreshore to be submitted to the Agency including, but not limited to, results and clarification of existing and further works, and the extent, frequency, and form of the monitoring and mitigation for scour and accretion;

“scour and accretion monitoring and mitigation plan” means a plan drawn up detailing the monitoring and mitigation proposals for each specified work prepared in accordance with the scour and accretion monitoring and mitigation strategy;

“site” means Abbey Mills, Putney Embankment Foreshore, Carnwath Road Riverside, Dormay Street, Cremorne Wharf Depot, Chelsea Embankment Foreshore, Kirtling Street, Heathwall Pumping Station, Albert Embankment Foreshore, Victoria Embankment Foreshore, Blackfriars Bridge Foreshore, Chambers Wharf, Greenwich Pumping Station and King Edward Memorial Park Foreshore, or any of them;

“specified day” means, unless otherwise agreed in writing by the Agency and the undertaker, in relation to any specified work, maintenance work, remedial work or removal work submitted for approval under paragraph 5, the business day on which detailed designs of that work are received by the Agency under paragraph 5(1), 5(3), 5(4), or 5(5) and for the avoidance of doubt if any further information is requested by the Agency under paragraph 5(1)(l), 5(3)(d), 5(4)(d), or 5(5)(e) the specified day shall be the business day on which the Agency receives this information from the undertaker under paragraph 5;

“specified works” means so much of any permanent or temporary work or operation excluding works of maintenance forming part of the authorised project (other than works required in an emergency) as is in, on, under or over a main river or drainage works or within 16 metres of a drainage work or is otherwise likely to— affect any drainage works or the volumetric rate of flow of water in or flowing to or from any drainage works; or affect the flow, purity or quality of water in any main river or other surface waters or ground water; or cause obstruction to the free passage of fish or damage to any fishery; or affect the conservation, distribution or use of water resources; or affect the conservation value of the main river and habitats in its immediate vicinity;

“TE2100” means the standards associated with the strategic direction for managing flood risk across the Thames estuary, including recommendations for action in short, medium and long term time periods to take account of sea level rise and climate change, as adopted and updated at the time by the Environment Agency.

Structural integrity of flood defences

4

(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—

(a) details of the structural condition of any flood defence likely to be impacted;

(b) the estimated remaining life expectancy of any flood defence in the control or ownership of the undertaker likely to be impacted;

(d) identification of the flood defences likely to be significantly impacted based on the following criteria—

(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;

(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

(iii) any other criteria as the Agency may reasonably require;

(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;

(f) baseline monitoring of flood defences likely to be significantly impacted unless otherwise agreed with the Agency; and

(g) and such other information as the Agency may reasonably require,

and 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.

(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.

(3) The flood defence monitoring plan shall include but not be limited to—

(a) demonstration and justification of the spatial extent and coverage of the monitoring identified as a consequence of the baseline monitoring;

(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;

(c) details of the proposed duration of monitoring and the monitoring frequencies required to establish if external factors are having an effect on readings;

(d) details of the proposed contents of a report on the construction and operational monitoring and proposed trigger levels for associated mitigation;

(e) trigger levels under the flood defence monitoring plan submitted pursuant to paragraph 4(2) above for associated mitigation;

(f) proposed duration and frequency of monitoring during operational phase of the authorised project; and

(g) such other information as the Agency may reasonably require,

(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.

(4) Monitoring shall be carried out in accordance with the flood defence monitoring plan as approved by the Agency or otherwise determined until—

(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

(b) for a period of 1 year following the completion of construction,

whichever is the later.

(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.

(6) The flood defence movement and settlement mitigation plan shall include but not be limited to—

(a) information from relevant engineering reports;

(b) results of the monitoring carried out in accordance with the flood defence monitoring plan;

(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;

(d) short term mitigation and remediation measures for emergency use, including an emergency response plan;

(e) medium term mitigation and remediation measures for use during construction works;

(f) long term mitigation and remediation measures based on ongoing monitoring, including post construction effects;

(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;

(h) methodologies for removal of any structures or mitigation measures;

(i) demonstration that chosen mitigation and remediation techniques are sensitive to the foreshore habitat and hydraulic regime;

(j) demonstration that the mitigation would not preclude options for future raising of defences and associated modification,

and 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.

(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.

(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.

Approvals

5

(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;

(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;

(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.

Inspection and construction

6

(1) All specified works shall be constructed with all reasonable despatch in accordance with the detailed designs or plans approved or settled under this part of this Schedule and to the reasonable satisfaction of the Agency.

(2) An officer of the Agency shall be entitled to watch and inspect the construction of any specified works.

(3) The undertaker shall give to the Agency not less than 10 business days’ notice in writing of its intention to commence construction of the specified works and notice in writing of their completion not later than 5 business days after the date on which they are completed.

(4) If any part of a specified work is constructed otherwise than in accordance with the requirements of this Part of this Schedule, the Agency may by notice in writing require the undertaker at the undertaker’s own expense to comply with the requirements of this part of this Schedule or if the undertaker so elects (and the Agency in writing consents, such consent not to be unreasonably withheld or delayed) to remove, alter or pull down the specified work and, where removal is required, to restore the site to its former condition to such extent and within such limits as the Agency reasonably requires.

(5) Subject to paragraph 6(6), if within a reasonable period, being not less than 28 days from the date when a notice under paragraph 6(4) is served upon the undertaker, it has failed to begin taking steps to comply with the requirements of the notice and subsequently to make reasonably expeditious progress towards their implementation, the Agency may execute the works specified in the notice and any expenditure incurred by it in so doing shall be recoverable from the undertaker.

(6) In the event of any dispute as to whether paragraph 6(4) is properly applicable to any work in respect of which notice has been served under that paragraph, or as to the reasonableness of any requirement of such a notice, the Agency shall not except in emergency exercise the powers conferred by paragraph 6(5) until the dispute has been finally determined.

Protection of drainage works and flood defences

7

Save as may be authorised by this Order the undertaker shall not damage or obstruct any drainage works during the construction of the specified works.

Scour and accretion monitoring and mitigation

8

(1) The undertaker shall submit a scour and accretion monitoring and mitigation strategy to the Agency for approval, such approval to be given—

(a) by 30th September 2014; or

(b) within 5 business days of the grant of the DCO; or

whichever is the latest.

(2) Prior to the commencement of any specified work, a scour and accretion monitoring and mitigation plan for that specified work shall be prepared by the undertaker in accordance with the scour and accretion monitoring and mitigation strategy approved under paragraph 8(1) or otherwise determined, and the scour and accretion monitoring and mitigation plan shall be submitted to the Agency for approval within 35 business days of the specified day.

(3) Following any submission of a scour and accretion monitoring and mitigation plan under paragraph 8(2), the approval process in paragraph 5 shall apply to such submission as if it were a submission under paragraph 5(1) and the “specified day” shall be the first business day on which such submission is received by the Agency under paragraph 8(2).

(4) The construction of any specified work shall proceed only in accordance with the scour and accretion monitoring and mitigation plan as approved by the Agency under paragraph 8(2).

Maintenance of flood defences

9

(1) Any work constructed under this Order for the purpose of providing a flood defence or replacing an existing flood defence shall be maintained to the reasonable satisfaction of the Agency by the person who has control of the work.

(2) If any such work is not maintained to the reasonable satisfaction of the Agency, the Agency may by notice in writing require the person to repair and restore the work, or any part of it, or (if the person having control of the work so elects and the Agency in writing consents, such consent not to be unreasonably withheld), to remove the work and restore the site to its former condition, to such extent and within such limits as the Agency reasonably requires.

(3) If, within a reasonable period being not less than 20 business days beginning with the date on which a notice in respect of any work is served under paragraph 9(2) on the person who has control of that work, that person has failed to begin taking steps to comply with the reasonable requirements of the notice and has not thereafter made reasonably expeditious progress towards their implementation, the Agency may do what is necessary for such compliance and may recover any expenditure reasonably incurred by it in doing so from that person.

(4) In the event of any dispute as to the reasonableness of any requirement of a notice served under paragraph 9(2), the Agency shall not, except in a case of immediate foreseeable need, exercise the powers of paragraph 9(3) until the dispute has been finally determined.

Emergency Powers

10

(1) If by reason of the construction of any authorised project work or the failure of any such authorised project work, the efficiency or effectiveness of any drainage work or the conservation value of the aquatic habitat is impaired, or that drainage work is otherwise damaged, so as to require remedial action, such impairment or damage shall be made good by the undertaker to the reasonable satisfaction of the Agency.

(2) If such impaired or damaged drainage work is not made good to the reasonable satisfaction of the Agency, the Agency may by notice in writing require the undertaker to restore it to its former standard of efficiency or where necessary to construct some other work in substitution for it.

(3) If, within a reasonable period being not less than 28 days beginning with the date on which a notice in respect of impaired or damaged drainage work is served under paragraph 10(2) on the undertaker, the undertaker has failed to begin taking steps to comply with the requirements of the notice and has not thereafter made reasonably expeditious progress towards its implementation, the Agency may do what is necessary for such compliance and may recover any expenditure reasonably incurred by it in so doing from the undertaker.

(4) In the event of any dispute as to the reasonableness of any requirement of a notice served under paragraph 10(2), the Agency shall not except in a case of immediate foreseeable need exercise the powers conferred by paragraph 10(3) until the dispute has been finally determined in accordance with paragraph 13.

(5) In any case where immediate action by the Agency is reasonably required in order to secure that the imminent flood risk or damage to the environment is avoided or reduced, the Agency may take such steps as are reasonable for the purpose and may recover from the undertaker the reasonable cost of so doing provided that the notice specifying those steps is served on the undertaker as soon as it is reasonably practicable after the Agency has taken or commence to take the steps specified in the notice.

Approval of Construction Environment Management Plan

11

(1) Prior to the construction of any authorised project work, the undertaker shall submit the following plans to the Agency—

(a) pollution incident response plan;

(b) emergency preparedness plan;

(d) ecology and landscape management plan,

such plans forming part of the CEMP and prepared pursuant to the CoCP, and the undertaker shall thereafter provide any revisions or updates of such plans to the Agency for approval.

(2) The Agency shall approve those parts of the plans listed in paragraph 11(1) as appropriate and relevant to the statutory remit of the Agency, and the relevant authorised project work shall not commence until the relevant parts of such plans have been approved by the Agency or otherwise determined pursuant to paragraph 13.

(3) Any approval of the Agency given under paragraph 11(1):

(a) shall not be unreasonably withheld;

(b) in the case of a refusal, accompanied by a statement of the grounds of a refusal; and

(c) shall be deemed to have been refused if it is neither given nor refused within 20 business days of receipt of any submission under paragraph 11(1).

(4) Any dispute in respect of any approval or refusal under paragraph 11 shall be subject to the dispute resolution procedure in paragraph 13.

Protection for Fish and Fisheries

12

(1) The undertaker shall take all such measures as may be reasonably practicable to prevent any interruption of the free passage of fish in any fishery during the construction of any authorised project work—

(2) If by reason of—

(a) the construction of any authorised project work, or

(b) the failure of any such authorised project work,

damage to a fishery is caused, or the Agency has reason to expect that such damage may be caused, the Agency may serve notice on the undertaker requiring it to take such steps as may be reasonably practicable to make good the damage or, as the case may be, to protect the fishery against such damage.

(3) If, within such time as may be reasonably practicable for that purpose after the receipt of written notice from the Agency of any damage or expected damage to a fishery, the undertaker fails to take such steps as are described in paragraph 12(2), the Agency may take such steps as are reasonable for the purpose and may recover from the undertaker the reasonable cost of so doing provided that the notice specifying those steps is served on the undertaker as soon as is reasonably practicable after the Agency has taken, or commenced to take the steps specified in the notice.

Dispute Resolution

13

Any dispute arising between the undertaker and the Agency under this Schedule shall be determined by arbitration in accordance with article 63 unless otherwise agreed in writing by the undertaker and the Agency.

Indemnities and Costs

14

(1) The undertaker shall be responsible for and make good to the Agency all financial costs or losses not otherwise provided for in this Part of this Schedule which may reasonably be incurred or suffered by the Agency by reason of—

(a) the construction or operation of the authorised project or the failure of any works comprised within it, or;

(b) any act or omission of the undertaker, its employees, contractors or agents or others whilst engaged upon the construction or operation of the authorised project or dealing with any failure of the authorised project;

and the undertaker shall indemnify the Agency from and against all claims and demands arising out of or in connection with the authorised project or any such failure, act or omission.

(2) The fact that any act or thing may have been done—

(a) by the Agency on behalf of the undertaker; or

(b) by the undertaker, its employees, contractors or agents in accordance with plans or particulars submitted to or modifications or conditions specified by the Agency, or in a manner approved by the Agency, or under its supervision or the supervision of its duly authorised representative;

shall not (if it was done or required without negligence on the part of the Agency or its duly authorised representative, employee, contractor or agent) excuse the undertaker from liability under the provisions of this paragraph.

(3) In complying with the indemnity provisions pursuant to this paragraph the undertaker’s liability shall either be limited to a sum to be agreed between the parties or unlimited.

(4) The Agency shall give the undertaker reasonable notice of any such claim or demand as is referred to in paragraph 14(1), and no settlement or compromise of any such claim or demand shall be made without the prior consent of the undertaker.

Notices

15

(1) All notices under this Part of the Schedule to be sent to the head office of the Agency applying at the time unless otherwise agreed in writing.

(2) The undertaker shall serve notice in writing of any transfer made pursuant to Article 9 upon the Agency together with a copy of the instrument effecting such transfer within 10 business days of any such transfer.

(3) The undertaker shall serve a copy of its application to discharge requirement PW4 upon the Agency within 10 business days of the submission of such application. In the event that any application for approval of detailed design of specified works pursuant to paragraph 5 of this Part of Schedule 16 is made before any application for discharge of requirement PW4 is made, then the undertaker shall supply with the application for approval details for each part of the authorised project which is submitted for approval of specified works, the details of the body responsible for carrying out the relevant works and the location and duration for undertaking those works.

PART 4 — TRANSPORT FOR LONDON

SECTION 1 — Protection of TfL Railway Companies

1

The provisions of this Part of this Schedule shall have effect unless otherwise agreed in writing by the protected person and the undertaker.

2

In this Part of this Schedule—

“approval” in relation to specified works means approval of the engineer appointed by the protected person whose protected property is affected by those works such approval not to be unreasonably withheld or delayed;

“construction” shall include reconstruction, altering, replacing, relaying, removal, maintenance and repair of the specified works;

“CRL” means Crossrail Limited, a company limited by shares and incorporated under the Companies Act 1985, whose registered number is 04212657;

“CRL Property” means any lands held or used by CRL for the purposes of its operational undertaking, and any works, apparatus and equipment connected therewith for the maintenance or operation of which CRL is responsible for when the construction of the specified works commence;

“DLRL” means Docklands Light Railway Limited, a company limited by shares and incorporated under the Companies Act 1985, whose registered number is 02052677;

“DLRL Property” means any lands held or used by DLRL for the purposes of its operational undertaking, and any works, apparatus and equipment connected therewith for the maintenance or operation of which DLRL is responsible for when the construction of the specified works commence;

“engineer” means the engineer appointed by each of the protected persons;

“LUL” means London Underground Limited a company limited by shares and incorporated under the Companies Act 1985, whose registered number is 01900907;

“LUL Property” means any lands held or used by LUL for the purposes of its operational undertaking, and any works, apparatus and equipment connected therewith for the maintenance or operation of which LUL is responsible for when the construction of the specified works commence;

“Non-River DCO Works” means the authorised development and associated development and any ancillary works to be constructed on any land located outside of the River Areas;

“plans” includes sections, designs, drawings, specifications, soil reports, staging proposals, programmes, calculations, methods of construction, risk assessments and details of the extent, timing and duration of any proposed occupation of protected property and “approved plans” means plans approved or deemed to be approved or settled by arbitration in accordance with the provisions of this Part of this Schedule;

“protected person” means LUL or DLRL or RfL or CRL;

“protected property” means in relation to each protected person any lands held or used by that protected person for the purposes of its operational undertaking, and any works, apparatus and equipment connected therewith for the maintenance or operation of which that protected person is responsible when the relevant specified works are begun;

“River Areas” means the areas comprising the rivers known as the River Thames and Deptford Creek and such areas include the bed, banks, sub-soil, foreshore and river walls of the River Thames and Deptford Creek but do not include works to the surface of structures over the River Areas;

“River DCO Works” means that part of the authorised development consisting of any works of excavation, piling, sinking or boreholes, tunnelling or other works carried out within the River Areas;

“RfL” means Rail for London Limited a company limited by shares and incorporated under the Companies Act 1985, whose registered number is 05965930; and

“RFL Property” means any lands held or used by RfL for the purposes of its operational undertaking, and any works, apparatus and equipment connected therewith for the maintenance or operation of which RfL is responsible for when the construction of the specified works commence;

“the specified works” means so much of any Non-River DCO Works as may be situated within 15 metres (measured in any direction) of the CRL Property, DLRL Property, LUL Property or RfL Property or may in any way affect CRL Property, DLRL Property, LUL Property or RfL Property; and so much of any River DCO Works as may be situated within, 50 metres (measured in any direction) of CRL Property, DLRL Property, LUL Property or RfL Property within the River Areas, or may in any way affect CRL Property, DLRL Property, LUL Property, or RfL Property.

3

(1) The undertaker shall not under the powers conferred by or under this Order without the consent of the protected person, acquire or enter upon, take or use whether temporarily or permanently or acquire any new rights over protected property.

(2) The undertaker shall not exercise the powers under article 22 above or the powers under section 11(3) of the 1965 Act, in respect of any protected property except with the consent of the protected person.

4

(1) The undertaker shall, before commencing the specified works, furnish to the protected person such proper and sufficient plans of the specified works as may reasonably be required for the approval of the engineer and shall not commence the specified works until the plans have been approved in writing by the engineer or settled by arbitration.

(2) If, within a period of 56 days beginning with the date on which plans have been furnished to the protected person under sub-paragraph (1) above, the engineer has not notified their disapproval and the grounds of their disapproval, they shall be deemed to have approved the plans as submitted.

(3) If the undertaker, in the course of carrying out specified works on protected property (i) uses any materials that the engineer considers inferior or unfit for the purpose intended, (ii) executes any work which will have an adverse effect on the safe and efficient operation of the railway or (iii) makes any material deviation from materials approved by the engineer, then the protected person shall give notice to the undertaker that the protected person desires itself to construct that part of the specified works which in the opinion of the engineer will or may affect the stability of, or the safe operation of protected property, then, provided that the protected person has first given the undertaker the opportunity to remedy the specified works , if the undertaker desires such part of the specified works to be constructed, the protected person shall construct it with all reasonable dispatch on behalf of and to the reasonable satisfaction of the undertaker in accordance with approved plans.

(4) Upon signifying their approval of the plans the engineer may specify any protective works, whether temporary or permanent, which in their opinion should be carried out before the commencement of the specified works to ensure the stability of protected property, the continuation of the safe and effective operation of the protected person’s operational undertaking including any relocation of works, apparatus and equipment necessitated by the specified works and the comfort and safety of passengers or customers, and such protective works as may be reasonably necessary for those purposes shall be constructed with all reasonable dispatch, and the undertaker shall not commence the construction of the specified works until the engineer has notified the undertaker that the protective works have been completed.

5

(1) The undertaker shall give to the engineer not less than 56 days’ notice of its intention to commence the construction of any of the specified works and also, except in an emergency (when it shall give such notice as may be reasonably practicable), of its intention to carry out any works for the repair or maintenance of the specified works in so far as such works of repair or maintenance affect or interfere with protected property.

(2) The specified works shall, when commenced, be carried out—

(a) with all reasonable dispatch in accordance with approved plans;

(b) under the supervision (if given), and to the reasonable satisfaction, of the engineer; and

(i) as little damage as may be to protected property, and

(ii) as little interference as may be with the conduct of protected person’s operation and the use by passengers or customers of its property.

(3) If any damage to protected property or any such interference is caused by the carrying out of the specified works, the undertaker shall, notwithstanding any such approval as aforesaid, make good such damage and shall pay to the protected person all reasonable expenses to which the protected person may be put and compensation for any loss which the protected person may sustain by reason of any such damage or interference.

(4) Nothing in this paragraph shall impose any liability on the undertaker with respect to any damage, cost, expense or loss to the extent that such damage, cost expense or loss is attributable to the act, neglect or default of a protected person or its servants or agents.

6

Without prejudice to the generality of paragraphs 4 and 5 above a protected person may, in approving the plans of or in supervising the carrying out of the specified works or of any protective works carried out by the undertaker by virtue of the provisions of paragraph 5(3) above, require that—

(a) nothing shall be done by or on behalf of the undertaker which unreasonably impedes the free, uninterrupted and safe flow of passengers or customers;

(b) dust sheets and other works and working methods are used so as to prevent so far as practicable any dust or dirt from the relevant works affecting such persons; and

(c) adequate signing of all alterations of routes for such persons and of any hazards or obstructions to the free movement of such persons is provided.

7

The undertaker shall at all times afford reasonable facilities to the engineer for access to the specified works during their construction and shall supply him with all such information as he may reasonably require with regard to those specified works or the method of construction thereof.

8

During the construction of any part of the specified works under this Part of this Schedule by a protected person under this Part of this Schedule, the protected person shall at all times afford reasonable facilities to the undertaker and its agents for access to those works, and shall supply the undertaker with such information as they may reasonably require with regard to such works or the method of construction thereof.

9

(1) If any alterations or additions either permanent or temporary, to protected property are reasonably necessary during the construction of the specified works, or during a period of 12 months after the completion thereof, in consequence of the construction of the specified works, then, provided the protected person has first given the undertaker the opportunity to carry out the protective works itself, such alterations and additions may be carried out by the protected person after giving the undertaker reasonable notice of its intention to carry out such alterations or additions and the undertaker shall pay the protected person the reasonable cost thereof as certified by the engineer, including in respect of permanent alterations and additions a capitalised sum representing any increase in the costs which may be expected to be reasonably incurred by the protected person in maintaining, working and, when necessary, renewing any such alterations or additions.

(2) If the cost of maintaining, working or renewing protected property is reduced in consequence of any such alterations or additions, a capitalised sum representing such saving shall be set off against any sum payable by the undertaker to the protected person under this paragraph.

10

The undertaker shall repay to any protected person all costs, charges and expenses reasonably incurred by the protected person—

(a) in constructing any part of the specified works on behalf of the undertaker or any protective works under the provisions of paragraph 3 above, including, in respect of any permanent protective works, a capitalised sum representing the costs which may be expected to be reasonably incurred by the protected person in maintaining and renewing such works;

(b) in respect of the employment of any inspectors, signalmen, watchmen and other persons whom it is reasonably necessary to appoint for inspecting, signalling, watching and lighting its protected property in order to prevent, so far as may be reasonably practicable, interference, obstruction, danger or accident arising from the construction or failure of the specified works;

(c) resulting from any speed restrictions which in the opinion of the engineer are necessary by reason of the construction or failure of the specified works, any delays to services or from the substitution of services which may be reasonably necessary for the same reason, including loss of revenue;

(d) in respect of any additional temporary lighting of its protected property in the vicinity of the specified works, being lighting made reasonably necessary by reason of the construction or failure of the specified works; and

(e) in respect of the consideration of plans and the supervision by the engineer of the construction of the specified works.

11

(1) In this paragraph—

“apparatus” means any lines, circuits, wires or equipment (whether or not modified or installed as part of the authorised development) which are owned or used by a protected person for the purpose of transmitting or receiving electrical energy or of radio, telegraphic, telephonic, electric, electronic or other like means of signalling or other communications; and

“EMI” means electromagnetic interference with apparatus generated by construction of the authorised development where such interference is of a level which adversely affects the safe operation of apparatus.

(2) Subject to sub-paragraph (4), the undertaker shall in the design and construction of the authorised development take all measures necessary to prevent EMI and shall establish with the protected person (both parties acting reasonably) appropriate arrangements to verify their effectiveness.

(3) In order to facilitate the undertaker’s compliance with sub-paragraph (2)—

(a) the undertaker shall consult with the protected person as early as reasonably practicable to identify all apparatus which may be at risk of EMI, and thereafter shall continue to consult with the protected person (both before and after formal submission of plans under paragraph 3(1)) in order to identify all potential causes of EMI and the measures required to eliminate them;

(b) the protected person shall make available to the undertaker all information in the possession of the protected person reasonably requested by the undertaker in respect of the apparatus identified pursuant to sub-paragraph(a); and

(c) the protected person shall allow the undertaker reasonable facilities for the inspection of apparatus identified pursuant to sub-paragraph(a).

(4) In any case where it is established that EMI can only reasonably be prevented by modifications to apparatus, the protected person shall not withhold its consent unreasonably to modifications of apparatus, but the means of prevention and the method of their execution shall be selected in the reasonable discretion of the protected person, and in relation to such modifications paragraph 3(1) shall have effect subject to the sub-paragraph.

(5) If at any time prior to the commencement of construction of the authorised development and notwithstanding any measures adopted pursuant to sub-paragraph (2), the construction of the authorised development causes EMI then the undertaker shall immediately upon receipt of notification by the protected person of such EMI either in writing or communicated orally (such oral communication to be confirmed in writing as soon as reasonably practicable after it has been issued) forthwith cease to use (or procure the cessation of use of) the undertaker’s equipment causing such EMI until all measures necessary have been taken to remedy such EMI by way of modification to the source of such EMI or (in the circumstances, and subject to the consent, specified in sub-paragraph (4)) to the apparatus.

(6) In the event of EMI having occurred—

(a) the undertaker shall afford reasonable facilities to the protected person for access to the undertaker’s equipment in the investigation of such EMI;

(b) the protected person shall afford reasonable facilities to the undertaker for access to the apparatus in the investigation of such EMI; and

(c) the protected person shall make available to the undertaker any additional material information in its possession reasonably requested by the undertaker in respect of apparatus or such EMI.

(7) Where the protected person approves modifications to apparatus pursuant to sub-paragraphs (4) or (5)—

(a) the protected person shall allow the undertaker reasonable facilities for the inspection of the relevant part of the apparatus; and

(b) any modifications to apparatus approved pursuant to those sub-paragraphs shall be carried out and completed by the undertaker in accordance with paragraph 4.

(8) To the extent that it would not otherwise do so, the indemnity in paragraph 14(1) shall apply to the costs and expenses reasonably incurred or losses suffered by the protected person through the implementation of the provisions of this paragraph (including costs incurred in connection with the consideration of proposals, approval of plans, supervision and inspection of works and facilitating access to apparatus) or in consequence of any EMI to which sub-paragraph (5) applies.

(9) For the purpose of paragraph 9 any modifications to apparatus under this paragraph shall be deemed to be protective works referred to in that paragraph.

(10) In relation to any dispute arising under this paragraph the reference in article 63 (Arbitration) to the Institution of Civil Engineers shall be read as a reference to the Institution of Electrical Engineers.

12

If at any time after the completion of a specified work, not being a work vested in the protected person, the protected person gives notice to the undertaker informing it that the state of maintenance of any part of the specified work appears to be such as adversely affects the operation of protected property, the undertaker shall, on receipt of such notice, take such steps as may be reasonably necessary to put that specified work in such state of maintenance as not adversely to affect protected property.

13

Any additional expenses which a protected person may reasonably incur in altering, reconstructing or maintaining protected property under any powers existing at the making of this Order by reason of the existence of a specified work shall, provided that 56 days’ previous notice of the commencement of such alteration, reconstruction or maintenance has been given to the undertaker, be repaid by the undertaker to the protected person.

Third party and other costs

14

(1) The undertaker shall be responsible for and make good to the protected person, all costs, charges, damages and expenses not otherwise provided for in this Part of this Schedule which may be occasioned to, or reasonably incurred by, the protected person—

(a) by reason of the construction of the specified works or the failure thereof, or

(b) by reason of any act or omission of the undertaker, of any person in its employ, or of its contractors or others whilst engaged upon the construction of the specified works,

and the undertaker shall indemnify the protected person from and against all such claims and demands arising out of or in connection with the construction of the specified works or any such failure, act or omission, and the fact that any act or thing may have been done in accordance with any requirement of the engineer or under their supervision, shall not (if it was not attributable to the act, neglect or default of the protected person, or of any person in their employ, or of their contractors or agents) excuse the undertaker from any liability under the provisions of this Part of this Schedule.

(2) The protected person shall give to the undertaker reasonable notice of any claim or demand as aforesaid and no settlement or compromise thereof shall be made without the prior consent of the undertaker such consent not to be unreasonably withheld.

(3) The sums payable by the undertaker under sub-paragraph (1) shall include a sum equivalent to the relevant costs.

(4) Subject to the terms of any agreement between the protected person and a train operator regarding the timing or method of payment of the relevant costs in respect of that train operator, the protected person shall promptly pay to each train operator the amount of any sums which the protected person receives under sub-paragraph (1) which relates to the relevant costs of that train operator.

(5) The obligation under sub-paragraph (3) to pay the protected person the relevant costs shall, in the event of default, be enforceable directly by any train operator concerned to the extent that such sums would be payable to that operator pursuant to sub-paragraph (4).

(6) In this paragraph—

“the relevant costs” means the costs, direct losses and expenses (including loss of revenue) incurred by a train operator as a consequence of any restriction of the use of a protected persons railway network as a result of the construction, maintenance or failure of a specified work, or any such act or omission as mentioned in sub-paragraph (1); and

“train operator” means any person who is authorised to act as the operator of a train over the railway network of a protected person.

15

Any difference arising between the undertaker and a protected person under this Part of this Schedule (other than a difference as to the meaning or construction of this Part of this Schedule) shall be resolved by arbitration under article 63 (arbitration).

SECTION 2 — For the Protection of London River Services Limited

1

The provisions of this Part of this Schedule shall have effect unless otherwise agreed in writing between LRSL and the undertaker.

2

In this Part of this Schedule—

“approval” in relation to specified works means approval of the engineer appointed by LRSL, such approval not to be unnecessarily withheld or delayed;

“construction” shall include reconstruction, altering, replacing, relaying, removal, maintenance and repair of the specified works;

“designated works” means Work No 17b authorised by this Order (construction of pier to relocate Blackfriars Millennium Pier);

“engineer” means the engineer appointed by LRSL;

“LRSL” means London River Services Limited, a company limited by shares and incorporated under the Companies Act 1985 whose registered number is 03485723;

“Non-River DCO Works” means the authorised development and associated development and any ancillary works to be constructed on any land located outside of the River Areas;

“plans” includes sections, designs, drawings, specifications, soil reports, staging proposals, programmes, calculations, methods of construction, risk assessments and details of the extent, timing and duration of any proposed occupation of the piers and “approved plans” means plans approved or deemed to be approved or settled by arbitration in accordance with the provisions of this Part of this Schedule;

“the piers” means Blackfriars Millennium Pier, Embankment Pier and Putney Pier and any works, apparatus and equipment connected therewith;

“River Areas” means the areas comprising the rivers known as the River Thames and Deptford Creek and such areas include the bed, banks, sub-soil, foreshore and river walls of the River Thames and Deptford Creek but do not include works to the surface of structures over the River Areas;

“River DCO Works” means that part of the authorised development consisting of any works of excavation, piling, sinking or boreholes, tunnelling or other works including those associated with the temporary relocation of the residential house boat carried out within the River Areas;

“the specified works” means so much of any Non-River DCO Works as may be situated within 15 metres (measured in any direction) of, or may in any way affect, the designated access route to the piers; and so much of any River DCO Works as may be situated within, 50 metres (measured in any direction) of, or may in any way affect the piers. and includes the construction and maintenance of the designated works and the decommission and removal of Blackfriars and Millennium Pier.

3

(1) The undertaker shall not under the powers conferred by this Order without the consent of the LRSL, acquire or enter upon, take or use (whether temporarily or permanently) or acquire any new rights over the piers.

(2) The undertaker shall not exercise the powers under article 22 above, or the powers under section 11(3) of the 1965 Act in respect of the piers except with the consent of the LRSL.

4

(1) The undertaker shall, before commencing the specified works, furnish to LRSL such proper and sufficient plans of the specified works as may reasonably be required for the approval of the engineer and shall not commence the specified works until the plans have been approved in writing by the engineer or settled by arbitration.

(2) If, within a period of 56 days beginning with the date on which plans have been furnished to LRSL under sub-paragraph (1) above, the engineer has not notified their disapproval thereof and the grounds of their disapproval, they shall be deemed to have approved the plans as submitted.

(3) If the undertaker, in the course of carrying out specified works on protected property (i) uses any materials that the engineer considers inferior or unfit for the purpose intended, (ii) executes any work which will have an adverse effect on the safe and efficient operation of the railway or (iii) makes any material deviation from materials approved by the engineer, then LRSL shall give notice to the undertaker that LRSL desires itself to construct that part of the specified works which in the opinion of the engineer will or may affect the stability of, or the safe operation of protected property, then, provided that it has first agreed such works with the pier owner and that LRSL has first given the undertaker the opportunity to remedy the specified works, if the undertaker desires such part of the specified works to be constructed, LRSL shall construct it with all reasonable dispatch on behalf of and to the reasonable satisfaction of the undertaker in accordance with approved plans.

(4) Upon signifying their approval of the plans the engineer may specify any protective works, whether temporary or permanent, which in their opinion should be carried out before the commencement of the specified works to ensure the stability of the pier, the continuation of the safe and effective operation of the piers including any relocation of works, apparatus and equipment necessitated by the specified works and the comfort and safety of passengers or customers using the pier, and such protective works as may be reasonably necessary for those purposes shall be constructed with all reasonable dispatch, and the undertaker shall not commence the construction of the specified works until the engineer has notified the undertaker that the protective works have been completed.

5

(1) The undertaker shall give to the engineer not less than 56 days’ notice of its intention to commence the construction of any of the specified works and also, except in an emergency (when they shall give such notice as may be reasonably practicable), of its intention to carry out any such works for the repair or maintenance of the specified works in so far as such works of repair or maintenance affect or interfere with the piers.

(2) The specified works shall, when commenced, be carried out with all reasonable dispatch in accordance with the plans approved or deemed to be approved or settled as aforesaid and under the supervision (if given), and to the reasonable satisfaction, of the engineer, and in such manner as to cause as little damage as may be to the piers and as little interference as may be with the conduct of LRSL’s operation and the use by passengers or customers of the piers and, if any damage to the piers or any such interference is caused by the carrying out of the specified works, the undertaker shall, notwithstanding any such approval as aforesaid, make good such damage and shall pay to LRSL all reasonable expenses to which it may be put and compensation for any loss which they may sustain by reason of any such damage or interference.

(3) Nothing in this paragraph shall impose any liability on the undertaker with respect to any damage, cost, expense or loss to the extent that such damage, cost, expense or loss is attributable to the act, neglect or default of LRSL or its servants or agents.

6

Without prejudice to the generality of paragraphs 4 and 5 above LRSL may, in approving the plans of or in supervising the carrying out of the specified works or of any protective works carried out by the undertaker by virtue of the provisions of paragraph 4(3) above, impose reasonable conditions with a view to ensuring that—

(a) nothing shall be done by or on behalf of the undertaker which unreasonably impedes the free, uninterrupted and safe flow of vessels, passengers or customers to or from the piers;

(b) adequate signing of all alterations of routes for such persons and of any hazards or obstructions to the free movement of such persons is provided.

7

8

During the construction of any part of the specified works under this Part of this Schedule by LRSL under this Part of this Schedule, LRSL shall at all times afford reasonable facilities to the undertaker and its agents for access to those works, and shall supply the undertaker with such information as they may reasonably require with regard to such works or the method of construction thereof.

9

(1) If any alterations or additions either permanent or temporary, to protected property are reasonably necessary during the construction of the specified works, or during a period of 12 months after the completion thereof, in consequence of the construction of the specified works, then, provided LRSL has first given the undertaker the opportunity to carry out the protective works itself, such alterations and additions may be carried out by LRSL after giving the undertaker reasonable notice of its intention to carry out such alterations or additions and the undertaker shall pay LRSL the reasonable cost thereof as certified by the engineer, including in respect of permanent alterations and additions a capitalised sum representing any increase in the costs which may be expected to be reasonably incurred by LRSL in maintaining, working and, when necessary, renewing any such alterations or additions.

(2) If the cost of maintaining, working or renewing protected property is reduced in consequence of any such alterations or additions, a capitalised sum representing such saving shall be set off against any sum payable by the undertaker to LRSL under this paragraph.

10

The undertaker shall repay to LRSL all costs, charges and expenses reasonably incurred by LRSL—

(a) in constructing any part of the specified works on behalf of the undertaker or any protective works under the provisions of paragraph 5 above, including, in respect of any permanent protective works, a capitalised sum representing the costs which may be expected to be reasonably incurred by LRSL in maintaining and renewing such works;

(b) in respect of the employment of any inspectors, signalmen, watchmen and other persons whom it is reasonably necessary to appoint for inspecting, signalling, watching and lighting its piers in order to prevent, so far as may be reasonably practicable, interference, obstruction, danger or accident arising from the construction or failure of the specified works;

(c) resulting from any speed restrictions or diversions of services which may, in the opinion of the engineer, be required to be imposed by reason of the construction or failure of the specified works, or delays to services or from the substitution of services (whether temporary or permanent) which may be reasonably necessary for the same reason and any loss of revenue which LRSL may incur due to the specified works;

(d) in respect of any additional temporary lighting of its piers in the vicinity of the specified works, being lighting made reasonably necessary by reason of the construction or failure of the specified works; and

(e) in respect of the consideration of plans and the supervision by the engineer of the construction of the specified works.

11

If at any time after the completion of a specified work, not being a work vested in LRSL, LRSL gives notice to the undertaker informing it that the state of maintenance of any part of the specified work appears to be such as adversely affects the operation of LRSL undertaking, the undertaker shall, on receipt of such notice, take such steps as may be reasonably necessary to put that specified work in such state of maintenance as not adversely to affect LRSL’s undertaking.

12

Any additional expenses which a LRSL may reasonably incur in altering, reconstructing or maintaining the piers under any powers existing at the making of this Order by reason of the existence of a specified work shall, provided that 56 days’ previous notice of the commencement of such alteration, reconstruction or maintenance has been given to the undertaker, be repaid by the undertaker to LRSL.

13

(1) The undertaker shall be responsible for, and make good to LRSL, all costs, charges, damages and expenses not otherwise provided for in this Part of this Schedule which may be occasioned to, or reasonably incurred by, LRSL—

(a) by reason of the construction of the specified works or the failure thereof, or

(b) by reason of any act or omission of the undertaker or any person in its employ, or of its contractors or others whilst engaged upon the construction of the specified works,

and the undertaker shall indemnify LRSL from and against all such claims and demands arising out of or in connection with the construction of the specified works or any such failure, act or omission as aforesaid, and the fact that any act or thing may have been done in accordance with any requirement of the engineer or under their supervision, shall not (if it was not attributable to the act, neglect or default of the LRSL, or of any person in their employ, or of their contractors or agents) excuse the undertaker from any liability under the provisions of this Part of this Schedule.

(2) LRSL shall give to the undertaker reasonable notice of any claim or demand as aforesaid and no settlement or compromise thereof shall be made without the prior consent of the undertaker. Such consent not to be unreasonably withheld.

14

Any difference arising between the undertaker and LRSL under this Part of this Schedule (other than a difference as to the meaning or construction of this Part of this Schedule) shall be referred to and settled by arbitration under article 63 (arbitration).

SECTION 3 — Protection for Highways Structures

1

The provisions of this Part of this Schedule shall have effect unless otherwise agreed in writing by the undertaker and TfL.

2

In this Part of this Schedule—

“approval” in relation to specified works means approval of the engineer appointed by TfL, such approval not to be unreasonably withheld or delayed;

“construction” shall include reconstruction, altering, replacing, relaying, removal, maintenance and repair of the specified works;

“designated works” means— the construction of Work No. 1a beneath Great West Road at British Grove (A4); the construction of Work No. 7 beneath Wandsworth Plain, Armoury Way and Wandsworth High Street (A3); the construction of Work No. 10b beneath York Road (A3200); the construction of Work No. 1b adjacent to Chelsea Embankment (A3212); the construction of Work No. 1c beneath Kirtling St (A3205); the construction of Work No. 1c, 15a, 15b and 15c (beneath Vauxhall Bridge (A202); the construction of Work No. 1c beneath Lambeth and Westminster Bridges A3203 and A302; the construction of Work No. 1c beneath Victoria Embankment (A3211); the construction of Work No. 17b (low level sewer interception chamber at Blackfriars Bridge, works to Blackfriars bridgehead structure the North Western link from Blackfriars bridge down onto the A3211); the construction of Work No. 1d beneath Limehouse Link (A1203), Commercial Road (A13), Burdett Road (A1205) & Blackwall Tunnel Northern Approach (A12); and the construction of Work No. 20 (beneath Jamaica Road (A200); Falconbrook Pumping Station (relocation of bus stops on York Road – part of Work no. 10c); Kirtling Street (relocation of bus stops on Cringle Street – part of Work no. 13b); Deptford Church Street (relocation of bus stops on Deptford Church Street – part of Work no. 22b)

“engineer” means the engineer appointed by TfL;

“LBSL” means London Bus Services Limited;

“plans” includes sections, designs, drawings, specifications, soil reports, staging proposals, programmes, calculations, methods of construction, risk assessments and details of the extent, timing and duration of any proposed occupation of protected property and “approved plans” means plans approved or deemed to be approved or settled by arbitration in accordance with the provisions of this Part of this Schedule;

“protected property” means any lands held or used by TfL for the purposes of its operational highway undertaking and any works, apparatus and equipment connected therewith for the maintenance or operation of which TfL is responsible when the relevant specified works are begun;

“the specified works” means so much of the designated works as may be situated within 50 metres (measured in any direction) of, or may in any way affect, protected property and includes the construction of any such work.

“TfL” means Transport for London and in paragraph 9 includes LBSL.

3

(1) The undertaker shall not in the exercise of the powers conferred by or under this Order, without the consent of the TfL, acquire or enter upon, take or use whether temporarily or permanently or acquire any new rights over protected property.

(2) The undertake shall not exercise the powers under article 22 above or the powers under section 11(3) of the 1965 Act, in respect of any protected property except with the consent of TfL.

4

(1) The undertaker shall, before commencing the specified works, furnish to TfL such proper and sufficient plans of the specified works as may reasonably be required for the approval of the engineer and shall not commence the specified works until the plans have been approved in writing by the engineer or settled by arbitration.

(2) If, within a period of 56 days beginning with the date on which plans have been furnished to TfL under sub-paragraph (1) above, the engineer has not notified their disapproval and the grounds of their disapproval, they shall be deemed to have approved the plans as submitted.

(3) If the undertaker, in the course of carrying out specified works on protected property (i) uses any materials that the engineer considers inferior or unfit for the purpose intended, (ii) executes any work which will have an adverse effect on the safe and efficient operation of the roads or (iii) makes any material deviation from materials approved by the engineer, then TfL shall give notice to the undertaker that TfL desires itself to construct that part of the specified works which in the opinion of the engineer will or may affect the stability of, or the safe operation of protected property, then, provided that TfL has first given the undertaker the opportunity to remedy the specified works, if the undertaker desires such part of the specified works to be constructed, TfL shall construct it with all reasonable dispatch on behalf of and to the reasonable satisfaction of the undertaker in accordance with approved plans.

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The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014

Removal of temporary works

12

Survey of river bed

13

Sedimentation, etc: remedial action

14

Protective action

15

Obstruction in the river

16

Scour monitoring and mitigation

17

Abandoned or Decayed Works

18

Permanent works where land not acquired

19

Facilities for navigation

20

Indemnities, costs and exercise of DCO powers and compensation

21

Maintenance dredging

22

Notifications

23

Disputes

24

PART 3 — THE ENVIRONMENT AGENCY

1

2

Definitions

3

Structural integrity of flood defences

4

Approvals

5

Inspection and construction

6

Protection of drainage works and flood defences

7

Scour and accretion monitoring and mitigation

8

Maintenance of flood defences

9

Emergency Powers

10

Approval of Construction Environment Management Plan

11

Protection for Fish and Fisheries

12

Dispute Resolution

13

Indemnities and Costs

14

Notices

15

PART 4 — TRANSPORT FOR LONDON

SECTION 1 — Protection of TfL Railway Companies

1

2

3

4

5

6

7

8

9

10

11

12

13

Third party and other costs

14

15

SECTION 2 — For the Protection of London River Services Limited

1

2

3

4

5