The M25 Junction 28 Development Consent Order 2022

PART 7 E+W FOR THE PROTECTION OF TRANSPORT FOR LONDON

Application E+W

70.  The provisions of this Part of this Schedule have effect unless otherwise agreed in writing between the undertaker and Transport for London. E+W

Commencement Information

I1 Sch. 9 para. 70 in force at 6.6.2022, see art. 1

Interpretation E+W

71.  In this Part of this Schedule— E+W

“Commuted Sum” means the sum to be paid by the undertaker to Transport for London for the future maintenance of any highway assets not previously forming part of the TLRN which will be transferred to Transport for London, as calculated in accordance with paragraph 73 of this Part;

“Detailed Local Operating Agreement” means an agreement to be made between the undertaker and Transport for London detailing the traffic management arrangements to be implemented during the carrying out of the authorised development;

“TfL Road” means any public, vehicular highway which is vested or vests or is intended at the completion of works to vest in or be otherwise maintainable by Transport for London;

“TLRN” means the Transport for London Road Network comprising highways for which Transport for London is the responsible highway authority; and

“Works” means any works authorised by the Order undertaken on, to or under any part of the TLRN or a TfL Road.

Commencement Information

I2 Sch. 9 para. 71 in force at 6.6.2022, see art. 1

Costs E+W

72.  The undertaker must pay to Transport for London in respect of the Works a sum equal to the whole of any costs and expenses which Transport for London reasonably incur in– E+W

(a) requests from the undertaker to participate in the design of any part of the authorised development, the examination or approval of design or construction information required for the Works including for the protection of the TLRN and for Work No. 29, and reaching agreement on the schedule of highway assets pursuant to paragraph 73;

(b) including the schedule of highway assets agreed pursuant to paragraph 73 within its road maintenance framework contracts;

(c) agreeing and operating a Detailed Local Operating Agreement;

(d) participation in road safety audits relating to the Works;

(e) inspecting the construction and completion of the Works including any remediation works;

(f) the issue of certificates relating to the Works required for the completion, hand over and defects;

(g) carrying out any surveys and testing which are reasonably required in connection with the construction of the Works; and

(h) the transfer or vesting in Transport for London of any land and rights acquired by the undertaker.

Commencement Information

I3 Sch. 9 para. 72 in force at 6.6.2022, see art. 1

Commuted Sum E+W

73.—(1) The undertaker must use reasonable endeavours to agree with Transport for London a schedule of new highway assets which are proposed to become the maintenance responsibility of Transport for London as a result of the authorised development under article 11 (construction and maintenance of new, altered or diverted streets and other structures) and article 16(1)(b) (classification of roads, etc.) of the Order. E+W

(2) Where the schedule prepared under paragraph (1) cannot be agreed, the matters of dispute shall be determined in accordance with paragraph 74.

(3) Following agreement of the schedule under sub-paragraph (1) or determination under subparagraph (2), Transport for London must prepare a calculation of the Commuted Sum based on the maintenance Transport for London considers to be required for the schedule of highway assets agreed under sub-paragraph (1) or determined under sub-paragraph (2) and must use reasonable endeavours to agree it with the undertaker.

(4) The undertaker must be provided with a complete breakdown of the calculation of the Commuted Sum by Transport for London under sub-paragraph (3) including any assumptions used.

(5) Where the calculation prepared under sub-paragraph (3) cannot be agreed, the matters of dispute shall be determined in accordance with paragraph 74.

(6) The undertaker must pay the Commuted Sum to Transport for London in one instalment within 10 working days of the later of—

(a) the date of completion of the authorised development; or

(b) the date of agreement of the value of the Commuted Sum under sub-paragraph (3) or determination under sub-paragraph (5).

Commencement Information

I4 Sch. 9 para. 73 in force at 6.6.2022, see art. 1

Disputes E+W

74.  Any difference arising between the undertaker and Transport for London under this Part of this Schedule (other than in difference as to the meaning or construction of this Part of this Schedule) shall be escalated to a more senior level within Transport for London and the undertaker and if the matters of dispute still cannot be resolved then they will be resolved by arbitration under article 53 (arbitration). E+W

Commencement Information

I5 Sch. 9 para. 74 in force at 6.6.2022, see art. 1