SCHEDULES

SCHEDULE 7 PROTECTIVE PROVISIONS

PART III PROTECTION FOR SEWERAGE UNDERTAKERS
2 (1) Before commencing the construction or renewal of any specified work, and in the case of any temporary work its removal, Railtrack shall submit to the undertaker plans for those works as described in sub-paragraph (2) below (“the plans”) and shall not commence that work until the undertaker has signified in writing its approval of those plans.
(2) The plans to be submitted to the undertaker shall be detailed plans, drawings, sections and specifications describing the position and manner in which, and the level at which, any specified work is proposed to be constructed and the position of all sewers of the undertaker within 15 metres of that work or upon which the specified work will impose a load and shall include detailed drawings of every alteration which Railtrack may propose to any such sewers.
(3) For the purpose of the preparation of the plans and subject to such reasonable requirements as it may specify, the undertaker shall permit Railtrack to have access to plans in its possession and to any of its sewers.
(4) Any approval of the undertaker required under this paragraph–
(a) may be given subject to reasonable conditions,
(b) shall not be unreasonably withheld,
(c) shall be deemed to have been given if it is neither given nor refused within 56 days of the submission of plans for approval.
(5) The undertaker may require such modifications to be made to the plans as may be reasonably necessary to secure the sewerage system of the undertaker against interference or risk of damage and to provide and secure proper and convenient means of access to any sewer.