34.—(1) Subject to sub-paragraph (5), from the commencement of the construction of any specified work, the undertaker must maintain in good repair and condition and free from obstruction any drainage work which is situated within the limits of deviation and on land held by the undertaker for the purposes of or in connection with the specified work, whether the drainage work is constructed under this Order or is already in existence.E+W
(2) If any drainage work is not maintained to the reasonable satisfaction of Surrey County Council, it may by notice require the undertaker to repair and restore the drainage work, or any part of it, or (if the undertaker so elects and Surrey County Council in writing consents, such consent not to be unreasonably withheld or delayed) to remove the specified work and restore the site to its former condition to such extent and with such limits as Surrey County Council reasonably requires.
(3) If, within a reasonable period being not less than 28 days beginning with the date on which a notice in respect of any drainage work is served under sub-paragraph (2) on the undertaker, that person has failed to begin taking steps to comply with the reasonable requirements of the notice and has not subsequently made reasonably expeditious progress towards their implementation, Surrey County Council may do what is necessary for such compliance and may recover any expenditure reasonably incurred by it in so doing from the person liable for maintenance.
(4) In the event of any dispute as to the reasonableness of any requirement of a notice served under sub-paragraph (2), Surrey County Council must not except in a case of emergency exercise the powers of sub-paragraph (3) until the dispute has been finally determined.
(5) This paragraph does not apply to—
(a)drainage works which are vested in Surrey County Council, or which Surrey County Council or another person is liable to maintain and is not prevented by this Order from so doing; and
(b)any obstruction of a drainage work for the purpose of a work or operation authorised by this Order and carried out in accordance with the provisions of this Part of this Schedule provided that any obstruction is removed as soon as reasonably practicable.
Commencement Information
I1Sch. 9 para. 34 in force at 2.6.2022, see art. 1
35. If by reason of the construction of any specified work or of the failure of any such work the efficiency of any drainage work for flood defence purposes or land drainage is impaired, or that drainage work is otherwise damaged, so as to require remedial action, such impairment or damage must be made good as soon as is reasonably practicable by the undertaker to the reasonable satisfaction of Surrey County Council and if the undertaker fails to do so, Surrey County Council may make good the same and recover from the undertaker the expense reasonably incurred by it in doing so.E+W
Commencement Information
I2Sch. 9 para. 35 in force at 2.6.2022, see art. 1
36.—(1) The undertaker must repay to Surrey County Council all costs, charges and expenses which it may reasonably incur or which it may sustain—E+W
(a)in the examination or approval of plans under this Part of this Schedule;
(b)in the inspection of the construction of a specified work or any protective works required by Surrey County Council under this Part of this Schedule; and
(c)in carrying out any reasonable surveys or tests by Surrey County Council which are reasonably required in connection with the construction of the specified work.
(2) The maximum amount payable to Surrey County Council under sub-paragraph (1)(a) to (c) is to be the same as would have been payable to Surrey County Council in accordance with the scale of charges for pre-application advice and land drainage consent applications published on Surrey County Council’s website from time to time.
Commencement Information
I3Sch. 9 para. 36 in force at 2.6.2022, see art. 1
37.—(1) Without limiting the other provisions of this Part of this Schedule, the undertaker must make reasonable compensation for the costs reasonably incurred by Surrey County Council from all claims, demands, proceedings, costs, damages, expenses or loss, which may be made or taken against, recovered from, or incurred by Surrey County Council by reason of—E+W
(a)any damage to any ordinary watercourse so as to impair its efficiency for drainage work;
(b)any raising or lowering of the water table in land adjoining the authorised development or any sewers, drains and watercourses; or
(c)any flooding or increased flooding of any such lands,
caused by the construction of any specified work or any act or omission of the undertaker, its contractors, agents or employees whilst engaged on the work.
(2) Surrey County Council must give to the undertaker reasonable notice of any such claim or demand, and no settlement or compromise may be made without the agreement of the undertaker which agreement must not be unreasonably withheld or delayed.
Commencement Information
I4Sch. 9 para. 37 in force at 2.6.2022, see art. 1
38. Any dispute arising between the undertaker and Surrey County Council under this Part of this Schedule is to be determined in accordance with article 48 (arbitration).E+W
Commencement Information
I5Sch. 9 para. 38 in force at 2.6.2022, see art. 1