PART IIWORKS PROVISIONS

Power to construct works

4.—(1) The undertaker may construct and maintain the scheduled work.

(2) Subject to article 5 below, the scheduled work shall be constructed in the line or situations shown on the deposited plan and in accordance with the levels shown on the deposited section.

(3) The undertaker may, within the limits of deviation, carry out and maintain such of the following works as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of the scheduled work, namely—

(a)works to alter the position of apparatus, including mains, sewers, drains and cables;

(b)works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses; and

(c)landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised works.

(4) The undertaker may, within the limits of deviation carry out such other works (of whatever nature) as may be necessary or expedient for the purposes of, or in connection with or in consequence of, the construction of the scheduled work.

Power to deviate

5.  In constructing or maintaining the scheduled work, the undertaker may—

(a)deviate laterally from the line or situation shown on the deposited plan within the limits of deviation for that work shown on that plan, and

(b)deviate vertically from the levels shown on the deposited section to any extent not exceeding 2 metres upwards or downwards as may be necessary or convenient.

Diversion of railway path

6.  The undertaker may with the consent of Bath and North East Somerset Council stop up the way known as the Bath to Bristol Railway Path between the points marked A, B, C and D on the deposited plan and substitute therefor a new way between the points marked A, E, F and D on the deposited plan.