The Transport for Greater Manchester (Light Rapid Transit System) (Trafford Park Extension) Order 2016

7.—(1) Any specified work must, when commenced, be constructed—

(a) without unnecessary delay in accordance with the plans approved or deemed to have been approved or settled by arbitration under article 53 (arbitration) and in accordance with any requirements made under paragraph 4(3)(b);

(b) under the supervision (if given), and, in the case of any specified work which directly and physically affects the Canal, to the reasonable satisfaction of the engineer;

(c) in such a manner as to cause as little detriment as is reasonably practicable to the Canal;

(d) in such a manner as to cause no detriment to the walls or banks of the Canal;

(e) so far as is reasonably practicable, so as not to interfere with, delay or obstruct the safe passage of vessels using the Canal except to the extent that such interference, delay or obstruction has otherwise been agreed by the authority; and

(f) in such a manner as to cause as little inconvenience as is reasonably practicable to the authority, its officers and agents.

(2) Nothing in this Order authorises the undertaker to—

(a) make or maintain any permanent works in or over the Canal so as to impede or prevent (whether by reducing the headroom or depth of water available for vessels, or the width of the Canal or otherwise) the passage of any vessel along the Canal, and in this regard the minimum permanent vertical clearance over the Bridgewater Canal must be maintained at all times at 28.860 metres above Ordnance Datum and the existing permanent width of the Bridgewater Canal where it is crossed by the specified works must be maintained at all times at 15.24 metres; or

(b) construct or maintain any specified work or protective work which would result in the weight limit of the Canal wall being exceeded; or

(c) use the Canal wall as a load bearing wall or structure for any specified work or protective work,

except to the extent that such interference, delay or obstruction has otherwise been agreed by the authority.

(3) Nothing in this Order authorises the undertaker to construct any specified work or make or maintain any permanent works in the Canal which would impede the free-flow of water in the Canal.

(4) Following the completion of the construction of any specified work the undertaker must restore the Canal to a condition no less satisfactory than its condition immediately prior to the commencement of those works subject to the presence of the authorised works.

(5) Where the carrying out of any of the specified works or any protective works requires the temporary closure of the Bridgewater Canal then the undertaker must notify the authority as soon as it becomes aware of the potential need for the closure of the Canal and—

(a) where the proposed closure will be for a period which is longer than 48 hours such works may only be undertaken between the months of November in one year and February in the following year (inclusive); and

(b) where the proposed closure will be for a period of up to 48 hours such works must be undertaken at such time or times as may be specified by the authority (acting reasonably).

(6) Nothing in this Order authorises the temporary closure of the Canal except with the consent of the authority, but such consent must not be unreasonably withheld and may be given subject to such terms and conditions as the authority may reasonably require.