Croydon Tramlink Act 1994

40 Environmental protection

The following provisions shall, unless otherwise agreed in writing between the Corporation and the Council, have effect:—

(1) In this section—

• “construction” includes placing, alteration and renewal;

• “plans” includes sections, drawings, specifications, particulars and descriptions (including descriptions of methods of construction);

• “the specified works” means so much of Works Nos. 3, 3A, 3B, 4, 5 and 6 as may be constructed in the London borough of Croydon.

(2) The Corporation shall, before commencing the construction of the specified works, supply to the Council proper and sufficient plans thereof for their approval and shall not commence the specified works until plans thereof have been approved in writing by the Council, or settled by arbitration in accordance with subsection (5) below:

Provided that if within 56 days after such plans have been supplied to the Council they shall not have notified their disapproval thereof and the grounds of their disapproval, they shall be deemed to have approved the plans as supplied:

(3) The construction of the specified works shall, when commenced, be carried out in accordance with the plans as approved by the Council or deemed to have been so approved or settled by arbitration in accordance with subsection (5) below.

(4) The Council may not withhold their approval under this section except in respect of any detail of the plans which—

(a) in their reasonable opinion will cause unacceptable detriment to the environment or to the amenity of the borough; and

(b) is susceptible of a reasonable alternative which will not in their reasonable opinion cause such detriment.

(5) Any difference arising between the Corporation and the Council under this section shall be referred to and settled by arbitration but the Corporation and the Council shall use their best endeavours to ensure that proceedings before an arbitrator commence in every case within 7 days of the Corporation or the Council registering such a difference.