The Network Rail (Chart Leacon) Order 2021

Retained apparatus

37.—(1) Not less than 56 days before commencement of any authorised works that are in, on or under any land purchased, held, appropriated or used under this Order that may affect, or is within 15 metres of, any apparatus the removal of which has not been required by the undertaker under paragraph 35(2), the undertaker must submit to the utility undertaker a plan of the works to be executed.

(2) In relation to works which will or may—

(a) be situated on, over, under or within 15 metres, measured in any direction of any apparatus; or

(b) involve embankment works within 15 metres of any apparatus,

the plan to be submitted to the utility undertaker must include a method statement describing—

(a) the proposed position of the works;

(b) the level at which these are proposed to be constructed or renewed;

(c) the manner of their construction or renewal including details of excavation and positioning of plant;

(d) the position of all apparatus; and

(e) by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus.

(3) In relation to any works which will or may be situated on, over, under or within 10 metres of any part of the foundations of an electricity tower or between any two or more electricity towers, the plan to be submitted under sub-paragraph (1) must, in addition to these matters set out in sub-paragraph (2), include in the method statement—

(a) the details of any cable trench design, including route, dimensions and clearance to pylons foundations;

(b) a demonstration that pylon foundations will not be affected prior to, during and post construction;

(c) the details of load bearing capacities of trenches;

(d) the details of cable installation methodology, including access arrangements, jointing bays and backfill methodology;

(e) written details of the operations and maintenance regime for the cable, including frequency and method access; and

(f) evidence that the trench bearing capacity is capable of taking the weight of the overhead line.

(4) The undertaker must not commence any works to which sub-paragraphs (1), (2) and (3) apply until the utility undertaker has given written approval of the plan submitted.

(5) Any approval of the utility undertaker required under sub-paragraph (2) or (3)—

(a) may be given subject to reasonable conditions for any purpose mentioned in sub-paragraph (6) or (8);

(b) is deemed to have been given if it is neither given nor refused within 56 days of the submission of the plan for approval, and, in the case of a refusal, accompanied by a statement of the grounds of refusal; and

(c) must not be unreasonably withheld or delayed.

(6) Where the utility undertaker reasonably requires any protective works to be carried out by itself or the undertaker (whether of a temporary or permanent nature) such protective works, inclusive of any measures or schemes required and approved as part of the plan approved, pursuant to this paragraph, must be carried out to the utility undertaker’s reasonable satisfaction, prior to the commencement of any authorised works (or any relevant part thereof) to which sub-paragraph (1) applies and the utility undertaker shall give notice of the need for such protective works within 56 days from the date of receipt of a plan pursuant to sub-paragraph (1) (except in an emergency where no such notice will be required).

(7) If the utility undertaker, in accordance with sub-paragraph (6) or (8) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 1 to 7 apply as if the removal of the apparatus had been required by the undertaker under paragraph 35(2) provided always that the utility undertaker may require, following review of the information provided, the undertaker to enter into an asset protection agreement in a form required by the utility undertaker acting reasonably.

(8) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of any authorised works to which sub-paragraph (1) applies, a new plan, instead of the plan previously submitted, and having done so, the provisions of this paragraph shall apply to and in respect of the new pan.

(9) The undertaker will not be required to comply with sub-paragraph (1) where it needs to carry out emergency works as defined in the 1991 Act but in that case it must give to the utility undertaker notice as soon as is reasonably practicable and a plan of those works and must—

(a) comply with sub-paragraphs (6), (7) and (8) in so far as is reasonably practicable in the circumstances; and

(b) comply with sub-paragraph (2) at all times.