The Leicestershire County Council (Ashby de la Zouch Canal Extension) Order 2005

Power to construct works

3.—(1) The undertaker may construct and maintain the scheduled works.

(2) Subject to article 4, the scheduled works may only be constructed in the lines or situations shown on the works plans and in accordance with the levels shown on the sections.

(3) Subject to paragraph (5), the undertaker may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction of the scheduled works, 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, a watercourse other than a navigable watercourse;

(c) works to connect the Canal to the Board’s canal;

(d) landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the scheduled works;

(e) works for the benefit or protection of premises affected by the scheduled works; and

(f) works for the strengthening, alteration, or demolition of any building or structure.

(4) Subject to paragraph (5), the undertaker may carry out such other works (of whatever nature) as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction of the scheduled works, other than works that would interfere with a navigable watercourse.

(5) Paragraphs (3) and (4) shall only authorise the carrying out or maintenance of works outside the limits of deviation if such works are carried out on land specified in Schedule 3 and subject to—

(a) the giving of 14 days' notice to owners and occupiers, or in the case of an emergency, as much notice as possible;

(b) restoring the condition of the land to that before the occupation; and

(c) paying compensation for loss of use of the land.