29. The following provisions of this Part of this Schedule apply for the protection of Surrey County Council unless otherwise agreed between the undertaker and Surrey County Council.E+W
Commencement Information
I1Sch. 9 para. 29 in force at 2.6.2022, see art. 1
30. In this Part of this Schedule—E+W
“construction” includes execution, placing, altering, replacing, relaying and removal and “construct” and “constructed” are to be construed accordingly;
“drainage work” means an ordinary watercourse and includes any land which is expected to provide flood storage capacity for an ordinary watercourse and any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage or flood defence in connection with an ordinary watercourse;
“ordinary watercourse” has the same meaning as given in section 72 (interpretation) of the Land Drainage Act 1991(1);
“plans” includes any information reasonably required by Surrey County Council including location details, grid references, sections, drawings, specifications, assessments and method statements; and
“specified work” means any of the following works carried out in relation to any ordinary watercourse—
erecting any mill dam, weir or other similar obstruction to the flow of the watercourse, or raising or otherwise altering any such obstruction;
erecting a culvert in the watercourse; or
altering a culvert in a manner that would be likely to affect the flow of the watercourse.
Commencement Information
I2Sch. 9 para. 30 in force at 2.6.2022, see art. 1
31.—(1) Before beginning to construct any specified work, the undertaker must submit to Surrey County Council plans of the specified work, and such further particulars available to the undertaker as Surrey County Council may within 28 days of the first submission of the plans reasonably require or as otherwise agreed between the parties.E+W
(2) The undertaker must not commence construction of the specified work until approval, unconditionally or conditionally, has been given as provided in sub-paragraph (4) of this paragraph.
(3) Any such specified work must not be constructed except in accordance with such plans as may be approved in writing by Surrey County Council, or determined under paragraph 38.
(4) Any approval of Surrey County Council required under this paragraph—
(a)must not be unreasonably withheld or delayed;
(b)is to be deemed to have been given if it is neither given nor refused within 2 months of the submission of the plans for approval or where further particulars are submitted under sub-paragraph (1), within 2 months of the submission of those particulars whichever is the later; and
(c)may be given subject to such reasonable requirements or conditions as Surrey County Council may make for the protection of any drainage work.
(5) Any refusal under this paragraph must be accompanied by a statement of the reasons for refusal.
Commencement Information
I3Sch. 9 para. 31 in force at 2.6.2022, see art. 1
32. Without limitation on the scope of paragraph 31, the requirements or conditions which Surrey County Council may make under paragraph 31 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—E+W
(a)to safeguard any drainage work against damage by reason of any specified work, or
(b)to secure that the efficiency of any drainage work for flood defence and land drainage purposes is not impaired and that the risk of flooding is not otherwise increased,
by reason of any specified work.
Commencement Information
I4Sch. 9 para. 32 in force at 2.6.2022, see art. 1
33.—(1) Subject to sub-paragraph (2) any specified work, and all protective works required by Surrey County Council under paragraph 32, must be constructed—E+W
(a)without unreasonable delay in accordance with the plans approved or deemed to have been approved or settled under this Part of this Schedule; and
(b)to the reasonable satisfaction of Surrey County Council and an officer of Surrey County Council is entitled on giving such notice as may be reasonable in the circumstances, to inspect and watch the construction of such works.
(2) The undertaker must give to Surrey County Council not less than 14 days’ notice of its intention to commence construction of any specified work and the undertaker must give to Surrey County Council notice of completion of a specified work not later than 7 days after the date of completion.
(3) If Surrey County Council reasonably requires, the undertaker must construct all or part of the protective works so that they are in place before the construction of the specified work.
(4) If any part of a specified work or any protective work required is constructed otherwise than in accordance with the requirements of this Part of this Schedule, Surrey County Council may by notice 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 Surrey County Council in writing consents, such consent not to be unreasonably withheld) to remove, alter or pull down the work and, where removal is required, to restore the site to its former condition to such extent and within such limits as Surrey County Council reasonably requires.
(5) Subject to sub-paragraph (6), if within a reasonable period, being not less than 28 days from the date when a notice under sub-paragraph (4) is served upon the undertaker, the undertaker has failed to begin taking steps to comply with the requirements of the notice and subsequently to make reasonably expeditious progress towards their implementation, Surrey County Council may execute the works specified in the notice and any expenditure reasonably incurred by it in so doing is to be recoverable from the undertaker.
(6) In the event of any dispute as to whether sub-paragraph (4) is properly applicable to any work in respect of which notice has been served under that sub-paragraph, or as to the reasonableness of any requirement of such a notice, Surrey County Council must not, except in an emergency, exercise the powers conferred by sub-paragraph (5) until the dispute has been finally determined.
Commencement Information
I5Sch. 9 para. 33 in force at 2.6.2022, see art. 1
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
I6Sch. 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
I7Sch. 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
I8Sch. 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
I9Sch. 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
I10Sch. 9 para. 38 in force at 2.6.2022, see art. 1