The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014

SECTION 4 Protection for Highways and Traffic

1.  The provisions of this Part of this Schedule shall have effect unless otherwise agreed in writing by the undertaker and TfL.

2.—(1) In this Part of this Schedule —

“designated works” has the same meaning as in Part 5 (for the protection of major highways structures) of this Schedule;

“highway” means any highway of which TfL is the highway authority but does not include any highway affected by the designated works;

“plans” includes detailed drawings and or plans showing in detail the layout and design construction of all road and drainage works (together with longitudinal cross sections) and landscaping including all necessary traffic management measures which may affect any relevant part of the highway and “approved plans” means plans approved or deemed to be approved or settled by arbitration in accordance with the provisions of this Part of this Schedule;

“property of TfL” means any apparatus of TfL affixed to or placed under any highway; and

“TfL” means Transport for London.

(2) Wherever in this Part of this Schedule provision is made with respect to the approval or consent of TfL, that approval or consent shall be in writing and subject to such reasonable terms and conditions as TfL may require, but shall not be unreasonably withheld.

(3) In exercising the powers conferred by this Order in relation to any highway the undertaker shall have regard to the potential disruption of traffic which may be caused and shall seek to minimise such disruption so far as is reasonably practicable

(4) If within 30 business days after such plans mentioned in paragraph (5) have been submitted to TfL, TfL has not approved or disapproved them, TfL shall be deemed to have approved the plans as submitted.

(5) In the construction of any part of the said works under a highway no part of it shall, except with the consent of TfL, be so constructed as to interfere with the provision of proper means of drainage of the surface of the highway or be nearer than two metres to the surface of the highway.

(6) The undertaker shall not under the powers conferred by or under this Order without the consent of TfL, acquire or enter upon, take or use whether temporarily or permanently or acquire any new rights over any part of any highway, including subsoil beneath the surface of any highway.

(7) The provisions of this paragraph have effect in relation to carrying any part of the works authorised by this Order over a highway or carrying a highway over any part of those works;

(8) Before commencing the construction of, or the carrying out of any work in connection with any bridge which involves interference with a highway, the undertaker shall submit to TfL for its approval plans, drawings and particulars (in this paragraph referred to as “plans”) relating thereto and the works shall not be carried out except in accordance with the plans submitted to, and approved by, TfL.

(9) If within 56 days after the plans have been submitted TfL has not approved or disapproved them, it shall be deemed to have approved the plans as submitted.

(10) The undertaker shall secure that so much of the works authorised by this Order as is constructed under any highway shall be so designed, constructed and (for the period of the works) maintained as to carry the appropriate loading recommended for highway bridges by the Secretary of State at the time of construction of the works, and the undertaker shall indemnify TfL against, and make good to TfL, the expenses which TfL may reasonably incur in the repair of any highway, or any tunnels, sewers, drains or apparatus therein, by reason of non-compliance with the provisions of this paragraph.

(11) Any officer of TfL duly appointed for the purpose may at all reasonable times, on giving to the undertaker such notice as may in the circumstances be reasonable, enter upon and inspect any part of the works authorised by this Order which—

(a) is in, over or under any highway, or

(b) which may affect any highway or any property of TfL,

(12) during the carrying out of the work, and the undertaker shall give to such officer all reasonable facilities for such inspection and, if he shall be of the opinion that the construction of the work is attended with danger to any highway or to any property of TfL on or under any highway, the undertaker shall adopt such measures and precautions as may be reasonably practicable for the purpose of preventing any damage or injury to the highway

(13) The undertaker shall not alter, disturb or in any way interfere with any property of TfL on or under any highway, or the access thereto, without the consent of TfL, and any alteration, diversion, replacement or reconstruction of any such property which may be necessary shall be made by the undertaker or (if TfL fails to carry out such alteration, diversion, replacement or reconstruction works) by TfL to the reasonable satisfaction of TfL, and, if TfL carries out such works, the expense reasonably incurred by TfL in so doing shall be repaid to TfL by the undertaker.

(14) If within 56 days after a request for consent has been submitted TfL has not given or refused such consent, it shall be deemed to have consented to the request as submitted

(15) The undertaker shall not remove any soil or material from any highway except so much as must be excavated in the carrying out of the works authorised by this Order.

(16) If TfL, after giving to the undertaker not less than 56 days’ notice (or, in case of emergency, such notice as is reasonably practicable) of its intention to do so, incurs any additional expense in the signposting of traffic diversions, in the diversion of footpaths, in the taking of other measures in relation thereto, or in the repair of any highway by reason of the diversion thereto of traffic from a road of a higher standard, in consequence of the construction of the works authorised by this Order, the undertaker shall repay to TfL the amount of any such expense reasonably so incurred.

(17) An amount which apart from this sub-paragraph would be payable to TfL by virtue of this paragraph in respect of the repair of any highway shall, if the highway fell or would have fallen due for repair as part of the maintenance programme of TfL at any time within ten years of the repair being carried out by the undertaker, so as to confer on TfL financial benefit (whether by securing the completion of overdue maintenance work for which TfL is liable or by deferment of the time for such work in the ordinary course), be reduced by the amount which represents that benefit.

(18) The undertaker shall not, except with the consent of TfL, deposit any soil or materials, or stand any plant, on or over any highway so as to obstruct or render less safe the use of the highway by any person, or, except with the like consent, deposit any soil or materials on any highway outside a hoarding, but if within 56 days after request for it any such consent is neither given nor refused it shall be deemed to have been given.

(19) The expense reasonably incurred by TfL in removing any soil or materials deposited on any highway in contravention of this paragraph shall be repaid to TfL by the undertaker

(20) The undertaker shall not, except with the consent of TfL, erect or retain on or over a highway to which the public continues to have access any scaffolding or other structure which obstructs the highway

(21) The undertaker shall, if reasonably so required by TfL, provide and maintain to the reasonable satisfaction of TfL, during such time as the undertaker may occupy any part of a highway for the purpose of the construction of any part of the works authorised by this Order, temporary bridges and temporary ramps for vehicular or pedestrian traffic over that part of the works or in such other position as may be necessary to prevent undue interference with the flow of traffic in the highway as a result of the carrying out of the relevant part of the works.

(22) Where any part of any highway has been broken up or disturbed by the undertaker and not permanently stopped up or diverted, the undertaker shall make good the subsoil, foundations and surface of that part of the highway to the reasonable satisfaction of TfL, and shall maintain the same to the reasonable satisfaction of TfL for such time as may reasonably be required for the permanent reinstatement of the highway

(23) The reinstatement of that part of the highway shall be carried out by the undertaker to the reasonable satisfaction of TfL in accordance with such requirements as to specification of material and standards of workmanship as may be prescribed for equivalent reinstatement work by regulations made under section 71 of the New Roads and Street Works Act 1991 (c. 22).

(24) If any damage to any highway or any property of TfL on or under any highway is caused by, or results from, the construction of any work authorised by this Order or any order or omission of the undertaker, its contractors, agents or employees whilst engaged upon such work, the undertaker may, in the case of damage to a highway, make good such damage to the reasonable satisfaction of TfL and, where the undertaker does not make good, or in the case of damage to property of TfL, the undertaker shall be liable to TfL for the remediation costs of any such damage.

(25) The fact that any act or thing may have been done in accordance with plans approved by TfL shall not of itself (if it was not attributable to the act, neglect or default of TfL or of any person in its employ or its contractors or agents) exonerate the undertaker from any liability, or affect any claim for damages, under this Part or otherwise.

(26) Any difference arising between the undertaker and TfL under this Part of this Schedule (other than a difference as to the meaning or construction of this Part of this Schedule) shall be resolved by arbitration under article 63 (arbitration).