SCHEDULES

SCHEDULE 13PROTECTIVE PROVISIONS

PART 5FOR THE PROTECTION OF THE ENVIRONMENT AGENCY

Approvals57

1

Any approval of the Agency required under paragraph 55(1) or 56(1)—

a

must not be unreasonably withheld;

b

in the case of a refusal, must be accompanied by a statement of the grounds of refusal;

c

may be given subject to such reasonable requirements or conditions as the Agency may make for the protection of any drainage work, flood defence, fishery, main river or water resources, or for the prevention of flooding or pollution or in the discharge of its environmental duties (but not including any requirement for TfL to improve any flood defence where temporary flood defence measures approved under paragraph 56 have been or are proposed to be constructed by TfL); and

d

is deemed to have been refused if it is neither given nor refused within 35 business days of the specified day unless otherwise agreed.

2

Without limitation on the scope of sub-paragraph (1) the requirements or conditions which the Agency may make under sub-paragraph (1) include conditions requiring TfL at its own expense to construct such protective works (including any new works as well as alterations to existing works) as are reasonably necessary—

a

to safeguard any drainage work or flood defence against damage;

b

to secure that its efficiency or effectiveness for flood defence purposes is not impaired; or

c

to ensure the risk of flooding is not otherwise increased by reason of any specified work, maintenance work or protective work,

during the construction of or by reason of the works.

3

Any dispute in respect of any approval or refusal under this paragraph is subject to the dispute resolution procedure in paragraph 64.