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The Silvertown Tunnel Order 2018

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Maintenance of the flood defences

59.—(1) Subject to the provisions of this Part of this Schedule and except to the extent that the Agency or any other person is liable to maintain any drainage work and is not precluded by the exercise of the powers of this Order from doing so, TfL must from the commencement of the construction of the specified works until their completion (and during any maintenance works carried out on land temporarily occupied under article 30 (temporary use of land for maintaining the authorised development)) maintain free from obstruction and to the reasonable satisfaction of the agency any drainage work which is situated within the limits of deviation or on land held by TfL for the purposes of or in connection with the specified works, whether or not the drainage work is to be constructed under the powers of this Order or is already in existence, so that the drainage work is a fit for purpose flood defence.

(2) TfL must, from the commencement of the construction of the specified works until their completion (and during any maintenance works carried out on land temporarily occupied under article 30) maintain free from obstruction and to the reasonable satisfaction of the Agency any temporary flood defence measures approved under paragraph 56, so that they are a fit for purpose flood defence.

(3) If TfL constructs and thereafter maintains in accordance with sub-paragraph (2) temporary flood defence measures approved by the Agency pursuant to paragraph 56, the obligation in sub-paragraph (1) does not apply to the extent that TfL may maintain the existing drainage work to which the temporary flood defence measures relate to the same standard of repair and condition as the schedule of defects and assessment report prepared under paragraph 55(1) showed it to be in before commencement of the specified works.

(4) If any such work that TfL is liable to maintain under sub-paragraph (1) or (2) is not maintained to the reasonable satisfaction of the Agency, the Agency may by notice in writing require TfL to repair and restore the work, or any part of it, or (if TfL so elects and the Agency in writing consents, such consent not to be unreasonably withheld), to remove the work and restore the site to its former condition, to such extent and within such limits as the Agency reasonably requires.

(5) If, within a reasonable period being not less than 20 business days beginning with the date on which a notice in respect of any work is served under sub-paragraph (4) on TfL, that person has failed to begin taking steps to comply with the reasonable requirements of the notice and has not thereafter made reasonably expeditious progress towards their implementation, the Agency may do what is necessary for such compliance and may recover any expenditure reasonably incurred by it in doing so from TfL.

(6) In the event of any dispute as to the reasonableness of any requirement of a notice served under sub-paragraph (4), the Agency must not, except in a case of immediate foreseeable need, exercise the powers of sub-paragraph (5) until the dispute has been finally determined.

(7) If any maintenance of a drainage work carried out by TfL under sub-paragraph (1) is not required as a result of, or is not attributable to the construction of, the specified works then TfL may recover the expenditure reasonably incurred by it in maintaining the drainage work from the person who is ordinarily liable to maintain that work.

(8) In the event that the Agency recovers from TfL any expenditure for work carried out by it under sub-paragraph (5) in respect of maintenance that is not required as a result of, or is not attributable to the construction of, the specified works then TfL may in turn recover from the person who is ordinarily liable to maintain the drainage work so much of that expenditure as that person would ordinarily have incurred in maintaining the work.

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