SCHEDULE 9PROTECTIVE PROVISIONS
PART 4FOR THE PROTECTION OF THE CANAL & RIVER TRUST
3
1
Where, under this Part or anywhere else under this Order, Canal & River Trust (or the engineer) is required to give its consent or approval in respect of any matter, that consent or approval is subject to the condition that Canal & River Trust must observe the provisions of the code of practice for works affecting waterways and, where the code of practice is adhered to and its provisions observed, such consent must not be unreasonably withheld. For the avoidance of doubt, any consent may be issued subject to reasonable conditions including any condition which requires compliance with the code of practice or any applicable part thereof and in respect of article 14 (discharge of water), it is reasonable to impose conditions requiring the payment of such charges as are typically charged by the owner of the relevant waterway.
2
In so far as any specified work or the acquisition of rights under or over or use of Canal & River Trust property is or may be subject to the code of practice, Canal & River Trust must—
a
co-operate with the undertaker with a view to avoiding undue delay and securing conformity as between any plans approved by the engineer and requirements emanating from that code; and
b
use its reasonable endeavours to avoid any conflict arising between the application of that code and the proper implementation of the authorised development pursuant to this Order.