The Bure Valley Railway Light Railway Order 1989

For protection of Norfolk County Council

13.  For the protection of the Norfolk County Council (in this article referred to as “the county council”) the following provisions shall, unless otherwise agreed in writing between the operators and the county council, apply and have effect:–

(1) In this article–

“highway” means any highway vested in or repairable or maintainable by the county council;

“the new bridge” means any bridge or structure to be constructed under the provisions of this Order for carrying the road known as the Aylsham bypass over the railway;

“plans” includes sections and particulars;

“specified works” means the new bridge and so much of the railway as may in any way affect any highway or any bridge carrying a highway over the railway or the railway over a highway:

(2) Before commencing the construction of any of the specified works, the operators shall submit to the county council for their reasonable approval plans thereof and, notwithstanding anything shown on the deposited plans and the deposited sections, the work to which such plans relate shall not be constructed otherwise than in accordance with such plans as may be approved by the county council as aforesaid, or, if such approval be refused, as may be settled by arbitration, and any part of the construction of the specified works which may involve interference with a highway shall be carried out under the supervision (if given) and to the reasonable satisfaction of the county council:

Provided that, if within 56 days after the submission to them of plans in accordance with the provisions of this paragraph the county council do not signify their approval or disapproval thereof and the grounds for such disapproval, they shall be deemed to have approved thereof:

(3) Notwithstanding anything in this Order or shown on the deposited plans the new bridge shall be designed, constructed and maintained so as to provide for loadings to be agreed in advance by the county council and the operators shall indemnify the county council against and make good to the county council all expenses which the county council may reasonably incur or be put to in the maintenance or repair of any highway, drain or apparatus therein by reason of any non-compliance by the operators with the provisions of this paragraph:

(4) (a) Before commencing to construct any part of the specified works which will involve interference with a highway the operators shall consult the county council as to the time when such part shall be commenced, as to the extent of the surface of the highway which it may be reasonably necessary for the operators to occupy in the construction of such part and as to the conditions under which such part shall be constructed so as to reduce so far as possible inconvenience to the public and to ensure the safety of the public, and such part shall not be constructed and the surface of the highway shall not be occupied by the operators except at the time, to the extent and in accordance with such reasonable conditions as may be agreed between the operators and the county council or in default of agreement settled by arbitration;

(b) Any such highway shall be reinstated by the operators in a manner reasonably approved by the county council and to their reasonable satisfaction:

(5) The operators shall, at all reasonable times during the construction of any part of the specified works, afford to the engineer of the county council or his duly authorised representatives access to that part of the specified works for the purposes of inspection:

(6) The structures of the new bridge shall be maintained by the Council:

(7) (a) The surface of the carriageway and footways of the new bridge and the verges thereof shall be vested in and maintained by the county council who shall have all such rights in relation to the subsoil and undersurface thereof as are necessary for the performance of their functions as highway authority:

Provided that the operators shall be liable to the county council for the maintenance of the surface of the carriageway and footways of the new bridge and the verges thereof for a period of 12 months after the date of completion;

(b) In this paragraph “the date of completion” means the date upon which the new bridge is completed in accordance with the requirements of this article and open for public use or, in the case of a difference between the operators and the county council as to whether the said requirements have been complied with, until the matter in dispute has been referred to and determined by arbitration and the arbitrator has certified that the new bridge has been completed in accordance with his determination:

(8) In carrying out any obligation transferred to or imposed upon the Council under this Order to maintain and repair any bridge carrying a highway over the railway or the railway over a highway, the Council shall do so in accordance with a scheme to be agreed with the county council, or in default of agreement to be settled by arbitration, which scheme shall include provision as to the frequency with which and manner in which an assessment of the condition of any such bridge is to be carried out, for the submission of the results of any such assessment to the county council and for any work to such a bridge found to be necessary as a result of such an assessment to be carried out in accordance with such reasonable conditions as may be imposed by the county council:

(9) The operators shall keep the county council indemnified against all actions, costs, claims and demands whatsoever brought or made against the county council by any person in respect of loss or damage caused by, or in consequence of, the construction of any of the specified works and the fact that any act or thing may have been done in accordance with plans approved by the county council or in accordance with any requirement of the county council or under their supervision shall not (if it was done without negligence on the part of the county council) excuse the operators from liability under the provisions of this article:

Provided that the county council shall give to the operators reasonable notice of any claim or demand as aforesaid and no settlement or compromise thereof shall be made without the prior consent of the operators:

(10) The operators shall repay to the county council all costs, charges and expenses reasonably incurred by the county council–

(a) in the examination of the plans submitted to the county council under this article in relation to any of the specified works;

(b) in the supervision by the county council, where given under this article, or the inspection by their engineer under this article of the construction of the specified works; and

(c) in the inspection of any bridge by their engineer pursuant to a scheme made under paragraph (8) above and, where so provided by such a scheme, in the supervision of any works that may be carried out pursuant thereto:

(11) Any difference arising between the operators and the county council under this article shall be referred to and settled by arbitration.