4.—(1) Except for works the details of which are required under Schedule 2 (Requirements) to be submitted to the relevant planning authority for approval, the undertaker must, before commencing construction of specified works or carrying out any works on CRT’s Property, supply to CRT proper and sufficient plans of that work for the reasonable approval (having due and proper regard to the timetable for the construction of the authorised development approved under Requirement 3) of the engineer, and the specified work must not be commenced except in accordance with such plans as have been approved in writing by the engineer (such approval not to be unreasonably withheld or delayed) or settled by arbitration in accordance with article 34 (arbitration).
(2) If the engineer has not confirmed disapproval of the plans supplied pursuant to sub-paragraph (1) and the grounds of disapproval in writing by the end of the period of 28 days beginning with the date on which the last of such required plans have been submitted to CRT by the undertaker, the engineer is deemed to have approved the plans submitted pursuant to that sub-paragraph.
(3) When confirming approval of the plans supplied pursuant to sub-paragraph (1), the engineer may specify reasonable and necessary protective works (whether temporary or permanent and which, for the avoidance of doubt, may include requirements to fence any specified works in order to separate the same from the Waterway or any other of CRT’s Property) which, in the engineer’s reasonable opinion, should be carried out before the commencement of the construction of a specified work, or during the undertaking of those specified works.
(4) Such protective works as may be agreed between the parties or settled by arbitration in accordance with article 34 (arbitration) must be constructed by the undertaker at a reasonable and necessary cost, with all reasonable dispatch. The undertaker must not commence the construction of the specified works until the engineer has notified the undertaker that such of those protective works as are required to be undertaken prior to commencement of construction have been completed to the engineer’s reasonable satisfaction. If the engineer has not confirmed his reasonable satisfaction of the completion of the protective works within 21 days of the undertaker’s notification, the engineer is deemed to have confirmed his or her reasonable satisfaction.