The Network Rail (Hitchin (Cambridge Junction)) Order 2011

Consents or Approvals

2.—(1) Where under this Schedule the Agency is required to give its consent or approval in respect of any matter—

(a) such consent or approval shall not be unreasonably withheld or delayed;

(b) if by the end of the period of 28 days, beginning with the first working day following the day on which a matter is effectively submitted by Network Rail to the Agency for its approval the Agency has not intimated its refusal to give its consent or approval in respect of any matter, it shall be deemed to have consented to or approved the matter as submitted;

(c) in the event that the Agency refuses its consent or approval of any matter, such refusal shall be accompanied by a statement of the grounds for refusal; and

(d) any approval issued by the Agency under this Schedule may be subject to such reasonable requirements as the Agency may make for the protection of water resources, or for the prevention of flooding or pollution or in the discharge of its environmental and recreational duties and Network Rail shall construct the specified works in accordance with such requirements.

(2) The Agency shall use its reasonable endeavours to respond to the submission of any matters before the expiration of the period mentioned in sub-paragraph (1)(b).

(3) Nothing in this Schedule, including the issue by the Agency of a refusal to approve of or consent to a submitted matter or of an approval or consent subject to requirements, shall preclude Network Rail from submitting to the Agency at any time or from time to time a new or revised matter for the Agency’s reasonable approval and where Network Rail intends a new or revised matter to be considered instead of a matter previously submitted, it shall advise the Agency accordingly.

(4) Any request for approval or consent issued by Network Rail to the Agency under this Schedule shall be deemed to have been effectively submitted, for the purposes of sub-paragraph 2(1)(a), if sent by recorded delivery or by registered delivery to the registered office of the Agency.