The Barking Barrage Order 1995

Requirements and consents

75.—(1) In this Article “operations” means any works or operations and “consent” means any consent, permission or authorisation required in accordance with this Order or otherwise.

(2) Where a requirement for the carrying out of any operations imposed on any person by virtue of this Order cannot be complied with without the consent of any other person—

(a) the person required to carry out the operations shall use his best endeavours to obtain such consent as soon as reasonably practicable; and

(b) if the relevant consent is refused or the terms imposed onerous or unreasonable to any party affected by the consent—

(i) where such consent is required pursuant to this Order or does not involve an appeal or review procedure, then the matter shall be referred to arbitration under article 80; or

(ii) where such consent is not based on this Order, and the procedures governing such consents involve any appeal or review procedure, then the person required to carry out the operations shall initiate such procedures and use his best endeavours to bring about an effective adjudication of the matter including taking legal proceedings if necessary;

(c) no obligation to carry out any operations for which consent is required or to pay for work done in default by the person who has required operations to be done pursuant to this Order shall arise pending the grant of any necessary consent or adjudication of any relevant appeal, review, arbitration or litigation or if on such adjudication consent is refused.