The River Mersey (Mersey Gateway Bridge) Order 2011

Plan approval

31.—(1) Before beginning to construct any specified work other than an excluded work, the undertaker shall submit to the Agency plans of the work and such further particulars available to it as the Agency may within 28 days of the submission of the plans reasonably require.

(2) Any such specified work other than an excluded work shall not be constructed except in accordance with such plans as may be approved in writing by the Agency, or determined under paragraph 42.

(3) Any approval of the Agency required under this paragraph—

(a) shall not be unreasonably withheld;

(b) shall be deemed to have been given if it is neither given nor refused in writing and, in the case of a refusal, accompanied by a statement of the grounds for refusal, within 2 months of the submission of the plans for approval; and

(c) may be given subject to such reasonable requirements as the Agency may impose—

(i) for the protection of any drainage work;

(ii) for the protection of the fishery;

(iii) for the protection of water resources;

(iv) for the prevention of flooding;

(v) for the prevention of water pollution; or

(vi) for the discharge of its environmental and recreational duties.

32.  Without limiting the scope of paragraph 31, the requirements which the Agency may make under that paragraph include—

(a) conditions as to the time and the manner in which any other work or operation is to be carried out;

(b) conditions requiring the undertaker at its own expense—

(i) to provide or maintain means of access for the Agency;

(ii) to construct such protective works, whether temporary or permanent, during the construction of the specified works (including the provision of flood banks, walls or embankments or other new works and the strengthening, repair or renewal of existing banks, walls or embankments) as are reasonably necessary to safeguard any drainage work against damage or to secure that its efficiency for flood defence purposes is not impaired and that the risk of flooding is not otherwise increased by reason of any specified work;

(iii) to monitor accumulation, erosion or alterations of the tidal flow arising during the construction, or for 5 years following the completion, of the specified works; and

(iv) to provide, maintain and operate arrangements for dealing with any pollution incidents which may occur during and as a result of the construction of the specified works.