SCHEDULES

SCHEDULE 9PROTECTIVE PROVISIONS

PART 5FOR THE PROTECTION OF THE ENVIRONMENT AGENCY

Submission and approval of plans52

1

Before beginning to construct any specified work, the undertaker must submit to the Agency plans of the specified work and such further particulars available to it as the Agency may within 28 days of the receipt of the plans reasonably request.

2

Any such specified work must not be constructed except in accordance with such plans as may be approved in writing by the Agency, or determined under paragraph 62.

3

Any approval of the Agency required under this paragraph—

a

must not be unreasonably withheld or delayed;

b

is deemed to have been refused if it is neither given nor refused within 2 months of the submission of the plans or receipt of further particulars if such particulars have been requested by the Agency for approval; and

c

may be given subject to such reasonable requirements as the Agency may have for the protection of any drainage work or the fishery or for the protection of water resources, or for the prevention of flooding or pollution or for nature conservation or in the discharge of its environmental duties.

4

The Agency must use its reasonable endeavours to respond to the submission of any plans before the expiration of the period mentioned in sub-paragraph (3)(b).

5

In the case of a refusal, if requested to do so the Agency must provide reasons for the grounds of that refusal.