The Net Zero Teesside Order 2024

Approval Process

Part A – Design Approval Process

379.  This Part A sets out the approval process to be followed in respect of the consultation and agreement of the design package.

380.  The undertaker shall submit the design package to the NSMP entity for consultation, review and approval.

381.  Following submission of the design package to the NSMP entity, the parties agree to actively consult with each other so as to achieve approval by the NSMP entity within twenty business days of receipt by the NSMP entity of the design package. As part of that consultation the parties agree to adhere to the following—

(a) the NSMP entity must, within twenty business days of the date of receipt of the design package, notify in writing the undertaker;

(i) of its approval of all or any part of the design package; or

(ii) of its disapproval of all or any part of the design package and the reasons for disapproval of any part of the design package; or

(iii) any further or other information, data and documents that the NSMP entity reasonably requires, including, without limitation any modified documents or drawings,

(b) Within twenty business days of the undertaker providing any further information pursuant to sub-paragraph (a)(iii) above or providing material reasons why any changes requested by the NSMP entity (as part of its response pursuant to sub-paragraph (a)(ii) or (iii) cannot be implemented or further information cannot be provided, the NSMP entity and the undertaker will actively consult with each other for the purposes of agreeing the design package.

(c) If agreement on the design package and approval by the NSMP entity cannot be reached before the relevant period pursuant to sub-paragraph (a) or (b) above (or such alternate timescales as are agreed between the parties), the matter will be treated as a dispute to be resolved in accordance with paragraph 401 of this Part unless otherwise agreed by the parties.

382.  In the event the NSMP entity does not provide any response to the undertaker in accordance with the timescale set out in paragraph 380(a) or (b) the NSMP entity shall be deemed to have given their approval to the design package.

383.  Once approved, the undertaker shall issue one paper copy and one electronic copy of the documents comprised within the approved design package and shall compile and maintain a register of the date and contents of the submission of the design package.

384.  With respect to the relevant works package A, the undertaker may either submit the traffic management plan for agreement as part of the design package, or it may submit the traffic management plan in advance of a design package in which case the design approval process set out in Part A and the change approval process set out in Part B of this Part of this Schedule shall apply as though references to “design package” were to “traffic management plan”.

Part B – Change Approval Process

385.  This Part B sets out the approval process to be followed in respect of the consultation and agreement of any changes (other than those which will have no adverse impact on the NSMP operations) required to the design package after its approval under the design approval process above.

386.  The undertaker shall submit any such change required to the design package (other than those which will have no adverse impact on the NSMP operations) (a “change request”) to the NSMP entity for consultation, review and approval.

387.  Following submission of the change request to the NSMP entity, the parties agree to actively consult with each other so as to achieve approval by the NSMP entity of the change request within ten working days of receipt by the NSMP entity of the change request. As part of that consultation the parties agree to adhere to the following—

(a) the NSMP entity must, within ten business days of the date of receipt of the change request, notify in writing the undertaker—

(i) of its approval of all or any part of the change request;

(ii) of its disapproval of all or any part of the change request including the reasons for disapproval of any part of the change request; or

(iii) any further or other information, data and documents that the NSMP entity reasonably requires, including, without limitation any modified documents or drawings;

(b) within five business days of the undertaker providing any further information pursuant to sub-paragraph (a)(iii) above, or providing material reasons why any changes requested by the NSMP entity (as part of its response pursuant to sub-paragraph (a)(ii) or (iii)) cannot be implemented or further information cannot be provided, the NSMP entity and the undertaker will actively consult with each other for the purposes of agreeing the change request; and

(c) if agreement between the parties cannot be reached before the end of the relevant period pursuant to sub-paragraph (a) or (b) above (or such alternate timescales as are agreed between the parties) the matter will be treated as a dispute to be resolved in accordance with paragraph 401 of this Part.

388.  In the event the NSMP entity does not provide a response to the undertaker in accordance with the timescales set out in paragraph 386(a) or (b) above, the NSMP entity shall be deemed to have given their approval to the change request.

389.  Once approved, the undertaker shall issue one (1) paper copy and one (1) electronic copy of the documents comprising any approved change request and compile and maintain a register of the date and contents of any such change request.

Part C – Approval Principles

390.  Any approval of the NSMP entity required under Part A or Part B of this Part of this Schedule must not (subject to paragraphs 390 and 391 below) be unreasonably withheld or delayed but may be given subject to the NSMP requirements (with respect to relevant works package A) and in considering any request to agree or approve details under Part A or B the NSMP Entity must make its decision in accordance with—

(a) with respect to relevant works package A, the approval principles set out at paragraphs 390 to 394 of this Part; and

(b) with respect to relevant works package B, with the approval principles set out at paragraphs 395 and 396 of this Part.