The Network Rail (Redditch Branch Enhancement) Order 2013

Procedure in relation to further approvals, etc., other than under Part 2 of Schedule 1

36.—(1) In this article—

“plans” includes sections, drawings, specifications and particulars (including descriptions of methods of construction).

(2) Where an application is made to the relevant planning authority, the highway authority, or the highway authority acting in the capacity of street authority or traffic authority, for any consent, agreement or approval required under any of the provisions of this Order (other than under Part 2 (requirements) of Schedule 1 (authorised development and requirements)) such application must, where appropriate, be accompanied by proper and sufficient plans of the proposal and such consent, agreement or approval must, if given, be in writing and may be given subject to such reasonable terms and conditions as the authority may require and may not be unreasonably withheld.

(3) If, within 28 days after the application has been submitted to the authority in accordance with this article, it has not intimated its disapproval and the grounds of disapproval, the authority is deemed to have approved the content of the application.

(4) In the event of any refusal or disapproval by the authority, Network Rail may resubmit a revised application, or revised plans in support of the original application, and, in that event, if the authority has not intimated its refusal or disapproval and the grounds of refusal or disapproval within 28 days of the revised application or of revised plans being submitted, it is deemed to have given its consent or agreement to, or its approval of, the revised application or plans.

(5) Network Rail must not carry out the proposal until such plans have been approved (or deemed to have been approved) or settled by arbitration.

(6) Where an application is made to the owner of a sewer or drain for any consent or approval required under article 13 (discharge of water), such consent or approval may not be unreasonably withheld or delayed.