The Cadent Diversion Works
55.—(1) If the undertaker implements the advanced works permission and Cadent or the undertaker undertakes the works described in Work No. 51 pursuant to planning permission granted under Part 3 of the 1990 Act then the requirements contained in Part 1 of Schedule 2 will not have effect in so far as they relate to those works unless Cadent or the undertaker serve written notice on the Secretary of State and the relevant planning authority confirming that it will—
(a)cease to rely on planning permission granted under Part 3 of the 1990 Act; and
(b)carry out Work No. 51 under this Order (in accordance with the requirements contained in Part 1 of Schedule 2).
(2) Cadent or the undertaker must not carry out Work No. 51 under this Order unless notice has been served under paragraph (1).
(3) Notwithstanding paragraph (2), the undertaker may exercise any other powers under this Order in respect of Work No. 51.