The North London Heat and Power Generating Station Order 2017

PART 3 Protection of Canal & River Trust

1.  The provisions of this Part have effect for the protection of CRT, unless otherwise agreed in writing between the undertaker and CRT.

2.  In this Part—

“code of practice” means the “Code of Practice for Works Affecting the Canal & River Trust” dated April 2016 and as amended from time to time;

“construction” includes execution, placing, alteration and reconstruction and “construct” and “constructed” have corresponding meanings;

“CRT” means the Canal & River Trust and any successor body performing the same functions which holds or manages any of CRT’s Property within the Order limits;

“CRT’s Property” means each and every part of land owned by CRT (whether beneficially or as trustee of the Waterways Infrastructure Trust) within the Order limits and includes the Waterway and any other land covered with water, sub-soil, air space and waterways;

“detriment” means any damage to the Waterway or any other of CRT’s Property that CRT demonstrates to the reasonable satisfaction of the undertaker that the undertaker has caused by the authorised development or presence of the specified works and, without limiting that meaning, includes:

(a)

the erosion of the bed or banks of the Waterway, or the impairment of the stability of any works, lands or premises forming part of the Waterway;

(b)

the deposit of materials or the siltation of the Waterway so as to damage the Waterway;

(c)

the pollution of the Waterway;

(d)

any significant alteration in the water level of the Waterway, or significant interference with the supply of water to the Waterway, or drainage of water from the Waterway; and

(e)

any harm to the ecology of the Waterway (including any adverse impact on any site of special scientific interest comprised within any of CRT’s Property).

“engineer” means an engineer appointed by CRT for the relevant purposes of this Order (and includes a suitably qualified employee of CRT so appointed);

“plans” includes sections, designs, design data, drawings, specifications, soil reports, calculations, descriptions (including descriptions of methods of construction), programmes and details of the extent, timing and duration of any proposed use or occupation of any of CRT’s Property;

“specified works” means so much of any of the authorised development to be situated upon, across, under, over or within CRT’s Property, or which may in any way cause detriment to the Waterway;

“Waterway” means each and every part of the River Lee Navigation within the Order limits, together with its waterway wall and towing path, and any pond or other waterway or course situated on CRT’s Property, any works, services, apparatus, equipment, lands (including subsoil) or premises belonging to or under the control of CRT and held or used by it in connection with its statutory functions in relation to the River Lee Navigation.

Powers requiring CRT’s consent

3.—(1) The undertaker must not use any of CRT’s Property for the passage or siting of vehicles, plant or machinery employed in the construction of the specified works other than–

(a) with the consent in writing of the engineer; and

(b) subject to compliance with such reasonable requirements as the engineer may from time to time specify–

(i) for the prevention of detriment; or

(ii) in order to avoid or reduce any inconvenience to CRT, its officers, agents and all other persons lawfully on any land or property.

(2) The consents required pursuant to this Part must not be unreasonably withheld or delayed but may be given subject to reasonable terms and conditions.

(3) Nothing in this paragraph applies in relation to anything done in accordance with any approval given by CRT under paragraph 4.

Approval of plans, protective works etc.

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.

Design of specified works

5.  Without limiting its obligations as to the delivery of plans to CRT under the foregoing provisions of this Part, the undertaker must consult, collaborate and respond constructively to any approach, suggestion, proposal or initiative made by CRT as to the design and appearance of the specified works, including the materials to be used for their construction, and must have regard to reasonable views as may be expressed by CRT in response to such consultation pursuant in particular to the requirements imposed on CRT by section 22 (general environmental and recreational duties) of the British Waterways Act 1995 and to the reasonable interest of CRT in preserving and enhancing the environment of the Waterway.

Surveying of Waterway

6.—(1) Both before commencing any specified works upon CRT’s Property or the Waterway, and following practical completion of those specified works, the undertaker must procure, at a reasonable and necessary expense to the undertaker, the carrying out of a survey (including a dip-survey to measure the depth of the Waterway), by an appropriately qualified structural engineer (the “structural surveyor”), approved by CRT (whose approval is not to be unreasonably withheld or delayed), of so much of the Waterway as may be affected by the specified works (“the survey”).

(2) For the purposes of the survey the undertaker and CRT must—

(a) afford reasonable facilities to the structural surveyor for access to the site of the specified works and to any land and existing works of the undertaker which may provide support for the Waterway and to CRT’s Property as will or may be affected by the specified works; and

(b) supply the structural surveyor as soon as reasonably practicable with all such information as the structural surveyor may reasonably require with regard to such existing works of the undertaker, to the specified works and the proposed method of their construction, and with regard to the Waterway.

(3) The reasonable and necessary costs of the survey include the costs of any dewatering or reduction of the water level of any part of the Waterway (where reasonably required) which may be effected to facilitate the carrying out of the survey and the provisions of this Part apply with all necessary modifications to any such dewatering or reduction in the water level as though the same were specified works.

(4) One electronic copy and one hard copy of the survey must be provided to CRT at no cost to CRT.

Undertaking of works

7.—(1) The undertaker must give to the engineer 14 days’ notice of its intention to commence the construction of any specified works or protective works (or such notice as may be reasonably practicable in the case of repair carried out in an emergency), so that, where appropriate, CRT may publish notices bringing the undertaking of those works to the attention of users of the Waterway.

(2) All specified works, and all protective works, when commenced, must be constructed—

(a) with all reasonable dispatch (having regard to the timetable for construction of the authorised development approved under Requirement 3) in accordance with the plans approved or deemed to have been approved or settled under paragraph 4;

(b) in accordance with the code of practice and under the supervision (where appropriate), and to the reasonable satisfaction, of the engineer;

(c) in such manner as to cause as little damage or disturbance as is possible to CRT’s Property; and

(d) so far as is reasonably practicable, so as not to interfere with the safe use of the Waterway.

(3) If any damage to CRT’s Property is caused by the carrying out of, or in consequence of the construction of, any specified works, the undertaker must make good such damage and must pay to CRT all reasonable and proper expenses that CRT actually incurs by reason of such damage, interference or obstruction.

(4) Nothing in this Part imposes any liability on the undertaker with respect to any damage, costs, expenses or loss attributable to the negligent act or default of CRT or its servants, contractors or agents or any liability on CRT with respect to any damage, costs, expenses or loss attributable to the negligent act or default of the undertaker or its servants, contractors or agents.

(5) The undertaker must—

(a) at all times afford reasonable facilities to the engineer for access to a specified work during its construction; and

(b) supply the engineer with all such information as the engineer may reasonably require with regard to a specified work or the method of constructing it.

(6) CRT must at all times afford reasonable facilities to the undertaker and its agents for access to any works carried out by CRT under this Part during their construction and must supply the undertaker with such information as it may reasonably require with regard to such works or the method of constructing them

Effect of specified works

8.  If at any time during the construction of, or after the completion of, any specified works, CRT gives notice to the undertaker informing it that the state of maintenance of those specified works appears to be such as adversely affects the operation of the Waterway, or otherwise adversely affects CRT’s Property, the undertaker must, on receipt of such notice, take such steps as may be reasonably necessary to put such specified works in such state of maintenance as will no longer have such adverse effect.

Repayment of CRT’s fees etc.

9.  The undertaker must repay to CRT in accordance with the code of practice all fees, costs, charges and expenses reasonably and properly incurred by CRT for preventing, so far as may be reasonably practicable, interference, obstruction, danger or accident arising from the construction or failure of the specified works or any protective works.

Agreements

10.—(1) The undertaker and CRT may enter into, and carry into effect, agreements for the transfer to the undertaker of—

(a) any of CRT’s Property shown on the works or land plans and described in the book of reference;

(b) any lands, works or other property held in connection with any of CRT’s Property; and

(c) rights and obligations (whether or not statutory) of CRT relating to any of CRT’s Property or any lands, works or other property referred to in this paragraph.

Arbitration

11.  Any difference or dispute arising between CRT and the undertaker under this Part must, unless otherwise agreed in writing between the CRT and the undertaker, be referred to and settled by arbitration under article 34 (arbitration).