13. The provisions of this Part have effect unless otherwise agreed in writing between the undertaker and the relevant highway authority;
14.—(1) In this Part—
“approved”, in relation to plans, means approved, deemed to be approved or settled by arbitration in accordance with this Part;
“plans” includes sections, designs, drawings, specifications, soil reports, staging proposals, programmes, calculations, methods of construction, risk assessments and details of the extent, timing and duration of any proposed occupation of any highway;
“property of the relevant highway authority” means any apparatus or street furniture of the relevant highway authority affixed to or placed under any highway;
“relevant highway authority”, in relation to a highway, means the highway authority for the area in which the highway is situated.
(2) Wherever in this Part provision is made with respect to the approval or consent of the relevant highway authority, that approval or consent must be in writing and may be given subject to such reasonable terms and conditions as the relevant highway authority may require.
15. In exercising the powers conferred by this Order in relation to any highway, the undertaker must have regard to the potential disruption of traffic which may be caused and must seek to minimise such disruption so far as is reasonably practicable.
16.—(1) The undertaker must not, without the consent of the relevant highway authority, construct any part of the works authorised by this Order under, or within 50 metres of, the surface of any highway which comprises a carriageway except in accordance with plans submitted to, and approved by, the relevant highway authority.
(2) If within 28 days after such plans have been submitted the relevant highway authority has not approved or disapproved them, it is deemed to have approved the plans as submitted.
(3) In the construction of any part of the said works under a highway no part of it may, except with the consent of the relevant highway authority, be so constructed as to interfere with the provision of proper means of drainage of the surface of the highway or be nearer than 2 metres to the surface of the highway.
17. The undertaker must not under the powers conferred by or under this Order without the consent of the relevant highway authority, acquire, enter upon or take or use whether temporarily or permanently, or acquire any new rights over, any part of any highway, including subsoil beneath the surface of any highway.
18.—(1) Before commencing the construction of, or the carrying out of any work which involves interference with a highway, the undertaker must submit to the relevant highway authority for its approval plans, drawings and particulars (in this paragraph referred to as “plans”) relating to the works, and the works may not be carried out except in accordance with the plans submitted to, and approved by, the relevant highway authority.
(2) If within 28 days after the plans have been submitted the highway authority has not approved or disapproved them, it is deemed to have approved the plans as submitted.
19. Any officer of the relevant highway authority duly appointed for the purpose may at all reasonable times, on giving to the undertaker such notice as may in the circumstances be reasonable, enter upon and inspect any part of the works authorised by this Order which—
(a)is in, over or under any highway, or
(b)which may affect any highway or any property of the relevant highway authority,
during the carrying out of the work, and the undertaker must give to the officer all reasonable facilities for such inspection and, if the officer is of the opinion that the construction of the work is attended with danger to any highway or to any property of the relevant highway authority on or under any highway, the undertaker must adopt such measures and precautions as may be reasonably practicable for the purpose of preventing any damage or injury to the highway.
20.—(1) The undertaker must not alter, disturb or in any way interfere with any property of the relevant highway authority on or under any highway, or the access thereto, without the consent of the relevant highway authority, and any alteration, diversion, replacement or reconstruction of any such property which may be necessary is to be made by the relevant highway authority or the undertaker as the relevant highway authority thinks fit, and the expense reasonably incurred by the relevant highway authority in so doing must be paid to the relevant highway authority by the undertaker.
(2) If within 28 days after a request for consent has been submitted the relevant highway authority has not given or refused such consent, it is deemed to have consented to the request as submitted.
21. The undertaker must not remove any soil or material from any highway except so much as must be excavated in the carrying out of the works authorised by this Order.
22.—(1) If the relevant highway authority, after giving to the undertaker not less than 28 days’ notice (or, in case of emergency, such notice as is reasonably practicable) of its intention to do so, incurs any additional expense in the signposting of traffic diversions, in the diversion of footpaths, in the taking of other measures in relation to that or in the repair of any highway by reason of the diversion to that traffic from a road of a higher standard, in consequence of the construction of the works authorised by this Order, the undertaker must pay to the relevant highway authority the amount of any such expense reasonably so incurred.
(2) An amount which apart from this sub-paragraph would be payable to the relevant highway authority by virtue of this paragraph in respect of the repair of any highway must, if the highway fell or would have fallen due for repair as part of the maintenance programme of the relevant highway authority at any time within 10 years of the repair being carried out by the undertaker, so as to confer on the relevant highway authority financial benefit (whether by securing the completion of overdue maintenance work for which the relevant highway authority is liable or by deferment of the time for such work in the ordinary course), be reduced by the amount which represents that benefit.
23.—(1) The undertaker must not, except with the consent of the relevant highway authority,—
(a)deposit any soil or materials, or stand any plant, on or over any highway so as to obstruct or render less safe the use of the highway by any person; or
(b)deposit any soil or materials on any highway outside a hoarding.
(2) If within 28 days after request for it the consent of the relevant highway authority is neither given nor refused, it is deemed to have been given.
(3) The expense reasonably incurred by the relevant highway authority in removing any soil or materials deposited on any highway in contravention of this paragraph must be paid to the relevant highway authority by the undertaker.
24. The undertaker must not, except with the consent of the relevant highway authority, erect or retain on or over a highway to which the public continues to have access any scaffolding or other structure which obstructs the highway.
25. The undertaker must, if reasonably so required by the relevant highway authority, provide and maintain to the reasonable satisfaction of the relevant highway authority, during such time as the undertaker may occupy any part of a highway for the purpose of the construction of any part of the works authorised by this Order, temporary bridges and temporary ramps for vehicular or pedestrian traffic over any part of the works or in such other position as may be necessary to prevent undue interference with the flow of traffic in the highway.
26.—(1) Where any part of any highway has been broken up or disturbed by the undertaker and not permanently stopped up or diverted, the undertaker must make good the subsoil, foundations and surface of that part of the highway to the reasonable satisfaction of the relevant highway authority, and must maintain the same to the reasonable satisfaction of the relevant highway authority for such time as may reasonably be required for the permanent reinstatement of the highway. No such works may take place except with the consent of the relevant highway authority.
(2) The reinstatement of that part of the highway must be carried out by the undertaker to the reasonable satisfaction of the relevant highway authority in accordance with such requirements as to specification of material and standards of workmanship as may be prescribed for equivalent reinstatement work by regulations made under section 71 of the 1991 Act.
27. If any damage to any highway or any property of the relevant highway authority on or under any highway is caused by, or results from, the construction of any work authorised by this Order or any act or omission of the undertaker, its contractors, agents or employees whilst engaged upon such work, the undertaker may, in the case of damage to a highway, make good such damage to the reasonable satisfaction of the relevant highway authority and, where the undertaker does not make good, or in the case of damage to property of the relevant highway authority, the undertaker must pay compensation to the relevant highway authority. No such works may take place except with the consent of the relevant highway authority.
28. The fact that any act or thing may have been done in accordance with plans approved by the relevant highway authority does not (if it was not attributable to the act, neglect or default of the relevant highway authority, any person in its employ, its contractors or its agents) exonerate the undertaker from any liability, or affect any claim for damages, under this Part or otherwise.
29. Any difference arising between the undertaker and the relevant highway authority under this Part (other than in difference as to the meaning or construction of this Part) must be resolved by arbitration under article 49 (arbitration).