58. In this Part of this Schedule—E+W+S
“construction” includes execution, placing, relaying, renewal and works of maintenance and, in its application to a specified work which includes or comprises any operation, means the carrying out of that operation and “construct” and “constructed” have corresponding meanings;
“the PLA” means the Port of London Authority;
“plans” includes plans, sections, elevations, drawings, specifications and programmes and construction methods including, where applicable, such relevant hydraulic information about the River Thames as may be reasonably requested by the PLA; and
“specified work” means any authorised work, wherever situated, any part of which—
is, or may be, in, on, under or over the surface of land below mean high water level forming part of the River Thames; or
may affect the River Thames or any function of the PLA,
including any projection over the River Thames by any authorised work or any plant or machinery.
Commencement Information
I1Sch. 8 para. 58 in force at 15.12.2014, see art. 1
59. The provisions of this Part of this Schedule have effect, unless otherwise agreed in writing between LUL and the PLA.E+W+S
Commencement Information
I2Sch. 8 para. 59 in force at 15.12.2014, see art. 1
60.—(1) LUL must not commence any specified work until plans of the work have been approved in writing by the PLA.E+W+S
(2) LUL must submit to the PLA plans of the specified work and such further particulars as the PLA may, within 28 days starting with the day on which plans are submitted under this sub-paragraph, reasonably require, and the particulars so supplied are to provide all information necessary to enable the PLA to determine whether approval should be given and, if so, whether conditions should be imposed.
(3) Any approval of the PLA required under this paragraph must not be unreasonably withheld but may be given subject to such reasonable modifications, terms and conditions as the PLA may make for the protection of—
(a)traffic in, or the flow or regime of, the River Thames;
(b)the use of its land, or the River Thames, for the purposes of performing its functions; or
(c)the performance of any of its functions connected with environmental protection.
(4) Requirements made under sub-paragraph (3) may include conditions as to—
(a)the proposed location of any temporary work and its dimensions;
(b)the programming of temporary works;
(c)the removal of any temporary work and the undertaking by LUL of any related work or operation that the PLA considers to be necessary for the purpose of removing or preventing any obstruction to navigation;
(d)the relocation, provision and maintenance of works, moorings, apparatus and equipment necessitated by the specified work; and
(e)the expiry of the approval if LUL does not commence construction or carrying out of the approved specified work within a prescribed period.
(5) Subject to sub-paragraph (6), an application for approval under this paragraph is deemed to have been refused if it is neither given nor refused within 28 days of the specified day.
(6) An approval of the PLA under this paragraph is not deemed to have been unreasonably withheld if approval within the time limited by sub-paragraph (5) has not been given pending the outcome of any consultation on the approval in question that the PLA is obliged to carry out in the proper exercise of its functions.
(7) LUL must carry out all operations for the construction of any specified work without unnecessary delay and to the reasonable satisfaction of the PLA so that traffic in, or the flow or regime of, the River Thames, and the exercise of the PLA’s functions, do not suffer more interference than is reasonably practicable. The PLA is entitled at all reasonable times, on giving such notice as may be reasonable in the circumstances, to inspect and survey those operations and LUL must provide all reasonable facilities to enable that inspection and survey to take place.
(8) In this paragraph “the specified day” means, in relation to any specified work—
(a)the day on which plans and sections of that work are submitted to the PLA under sub-paragraph (1); or
(b)the day on which LUL provides the PLA with all further particulars of the work that have been requested by the PLA under that sub-paragraph,
whichever is the later.
Commencement Information
I3Sch. 8 para. 60 in force at 15.12.2014, see art. 1
61.—(1) This paragraph applies to any specified work that includes or is ancillary to any jetty modification comprised in Work No. 10.E+W+S
(2) When LUL submits for approval under paragraph 60 plans of any specified work to which this paragraph applies it must state whether the work is intended to be temporary or permanent.
(3) If at any time before the completion of construction of the authorised works LUL decides that, contrary to the statement given under sub-paragraph (2), a work to which this paragraph applies should be permanent or temporary, as the case may be, it must without delay apply to the PLA for confirmation of approval of the specified work.
(4) On making any application under this paragraph LUL must provide the PLA with any revised plans of the specified work together with such further information as the PLA may, within 28 days starting with the date on which the application is made, reasonably require.
(5) Any approval of the PLA required under this paragraph must not be unreasonably withheld but paragraph 60(3) applies.
(6) Conditions imposed by the PLA under paragraph 60(3) or sub-paragraph (5) may include (in the case of a permanent work) conditions as to the future ownership and maintenance of the work, and in the absence of appropriate arrangements regarding ownership and maintenance it is reasonable for the PLA to withhold approval under this paragraph.
(7) The removal of any temporary work to which this paragraph applies and any required removal of materials, plant and equipment or making good must be carried out to the reasonable satisfaction, and subject to the supervision (if given), of the PLA.
Commencement Information
I4Sch. 8 para. 61 in force at 15.12.2014, see art. 1