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The Silvertown Tunnel Order 2018

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Approval of detailed design

34.—(1) TfL must not commence the construction of any specified work or the exercise of any specified function until plans of the work or function have been approved in writing by the PLA, but the PLA’s approval is not required under this paragraph for any tunnelling works forming part of a specified work.

(2) Where the PLA approves a suspension of the public right of navigation under article 17 (works in the river Thames: conditions), TfL is not required to obtain the PLA’s approval under this paragraph for any specified function to be exercised in respect of that suspension of the public right of navigation, including under article 29 (temporary use of land for carrying out the authorised development) or 30 (temporary use of land for maintaining the authorised development).

(3) TfL must submit to the PLA plans of the specified work or specified function and such further particulars as the PLA may, within 20 business days starting with the day on which plans are submitted under this sub-paragraph, reasonably require, and the particulars so supplied are to provide all information necessary to enable the PLA to determine whether approval should be given and, if so, whether conditions should be imposed.

(4) Any approval of the PLA required under this paragraph must not be unreasonably withheld but may be given subject to such reasonable modifications, terms and conditions as the PLA may make for the protection of—

(a)traffic in, or the flow or regime of, the river Thames;

(b)the use of its land, or the river Thames, for the purposes of performing its functions; or

(c)the performance of any of its functions connected with environmental protection.

(5) Requirements made under sub-paragraph (4) may include conditions as to—

(a)the proposed location of any temporary work and its dimensions or the location where the specified function is proposed to be exercised;

(b)the programming of temporary works or the exercise of the specified function;

(c)the removal of any temporary work and the undertaking by TfL of any related work or operation that the PLA considers to be necessary for the purpose of removing or preventing any obstruction to navigation;

(d)the relocation, provision and maintenance of works, moorings, apparatus and equipment necessitated by the specified work or specified function; and

(e)the expiry of the approval if TfL does not commence construction or carrying out of the approved specified work or exercise of the specified function within a prescribed period.

(6) Subject to sub-paragraph (7), an application for approval under this paragraph is deemed to have been refused if it is neither given nor refused within 30 business days of the paragraph 34 specified day.

(7) An approval of the PLA under this paragraph is not deemed to have been unreasonably withheld if approval within the time limited by sub-paragraph (6) has not been given pending the outcome of any consultation on the approval in question that the PLA is obliged to carry out in the proper exercise of its functions.

(8) TfL must carry out all operations for the construction of any specified work or the specified function without unnecessary delay and to the reasonable satisfaction of the PLA so that traffic in, or the flow or regime of, the river Thames, and the exercise of the PLA’s functions, do not suffer more interference than is reasonably practicable. The PLA is entitled at all reasonable times, on giving such notice as may be reasonable in the circumstances, to inspect and survey those operations and TfL must provide all reasonable facilities to enable that inspection and survey to take place.

(9) In this paragraph “the paragraph 34 specified day” means, in relation to any specified work or specified function—

(a)the day on which plans and sections of that work are submitted to the PLA under sub-paragraph (1); or

(b)the day on which TfL provides the PLA with all further particulars of the work that have been requested by the PLA under that sub-paragraph,

whichever is the later.

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