Article 46
1.—(1) The following provisions of this Schedule have effect, unless otherwise agreed in writing between the Company and the Corporation.
(2) In this Schedule—
“the Corporation” means the City of London Corporation.
“the highway” means a street vested in or maintained by the Corporation; and
“highway operations” means the construction of any part of the authorised works which will involve interference with a highway or the traffic in a highway and any temporary stopping up, alteration or diversion of a highway.
2. Before commencing to construct any work which will involve highway operations the Company must consult the Corporation about the programme for the construction of that work so as to secure, so far as may be reasonably practicable, that disturbance and the duration of any disturbance occasioned by, or in connection with, that construction is reduced to a minimum.
3. The Company must consult the Corporation as to—
(a)the routes in the Corporation’s area proposed to be used by vehicles, machinery and plant, passing to or from any works under construction; and
(b)the proposed manner and method of disposing of any soil or waste material resulting from the carrying out of any operation in connection with the authorised works,
and such soil or waste material must not be disposed of by the Company in the Corporation’s area in any manner that is objected to in writing by the Corporation.
4. Before commencing to construct any authorised work which will involve highway operations, the Company must consult the Corporation—
(a)as to the time when that work will be commenced;
(b)as to the extent of the surface of the highway which it may be reasonably necessary for the Company to occupy in the construction of that work;
(c)as to the conditions under which that work will be constructed;
(d)as to the measures and precautions the Company is to adopt to prevent damage or injury to the highway or damage or disturbance to any property of the Corporation on or under any highway;
(e)so as to avoid or minimise inconvenience to the public and to ensure the safety of the public; and
(f)as to the measures which the Corporation considers necessary to discharge its duty to co-ordinate street works under section 59 of the 1991 Act (general duty of street authority to co-ordinate works) and its network management duty under section 16 of the 2004 Act (the network management duty).
5. Any highway which has been subject to highway operations must be reinstated by the Company in a manner reasonably approved by the Corporation and to its reasonable satisfaction.
6. Except as expressly authorised by this Order the Company must not, except with the consent of the Corporation, deposit any soil, subsoil or materials or stand any vehicle or plant on any highway (except on so much of it as is for the time being temporarily stopped up or occupied under the powers conferred by this Order) so as to obstruct or interfere with the safe use of the highway by any person or deposit any soil, subsoil or materials on any highway except within a hoarding.
7. Except in an emergency or where reasonably necessary to secure the safety of the public no direction or instruction may be given by the Corporation to the contractors, agents or employees of the Company regarding any highway operations without the prior consent in writing of the Company; but the Corporation is not liable for any additional costs which may be incurred as a result of the giving of instructions or directions under this paragraph.
8. The Company must, if reasonably so required by the Corporation, provide and maintain during such time as the Company may occupy any part of a highway for the purpose of the construction of any part of the authorised works, temporary ramps for vehicular traffic or pedestrian traffic, or both, and any other traffic measures required to protect the safety of road users in accordance with the standard recommended in Chapter 8 of the Traffic Signs Manual issued for the purposes of the Traffic Signs Regulations and General Directions 1994(1) in such position as may be necessary to prevent undue interference with the flow of traffic in any highway.
9. The Company must indemnify the Corporation against any claim which may be made against the Corporation as a result of any subsidence of, or damage to, any highway or any retained sanitary convenience, refuge, sewer, drain, lamp column, traffic sign, bollard, bin for refuse or road materials or associated apparatus or any other property or work belonging to, or under the jurisdiction or control of, or maintainable by, the Corporation on or under any highway which may be caused by, or in consequence of, any act or default of the Company, its contractors, agents or employees; but the Corporation must give to the Company reasonable notice of any such claim and no settlement or compromise of it may be made without the Company’s prior consent.
10. If any damage to any highway or any property of the Corporation on or under any highway is caused by, or results from, the construction of the authorised works or any act or omission of the Company, its contractors, agents or employees whilst engaged upon such work, the Company may, in the case of damage to a highway, make good such damage to the reasonable satisfaction of the Corporation and, where the Company does not so make good, or in the case of damage to property of the Corporation, the Company is liable to the Corporation for the remediation costs of any such damage (including replacement costs of the damaged item if beyond reasonable repair).
11. Wherever in this Schedule provision is made with respect to the approval or consent of the Corporation, that approval or consent must be in writing and may be given subject to such reasonable terms and conditions as the Corporation may require (including in the interests of safety and in order to minimise inconvenience to persons using the highway), but must not be unreasonably withheld or delayed.
12. The fact that any act or thing may have been done in accordance with plans approved by the Corporation does not of itself (if it was not attributable to the act, neglect or default of the Corporation, or of any person in its employ or its contractors or agents), affect any claim for damages, under this Schedule or otherwise.