The A46 Newark Bypass Development Consent Order 2025
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Change 1
23 Discharge of water
(1) Subject to paragraphs (3) and (4), the undertaker may use any watercourse or any public sewer or drain for the drainage of water in connection with the carrying out, maintenance or use of the authorised development and for that purpose may lay down, take up and alter pipes and may, on any land within the Order limits, make openings into, and connections with, the watercourse, public sewer or drain. (2) Any dispute arising from the making of connections to or use of a public sewer or drain by the undertaker under paragraph (1) is to be determined as if it were a dispute under section 106 (right to communicate with public sewers) of the Water Industry Act 1991. (3) The undertaker must not discharge any water into any watercourse, public sewer or drain except with the consent of the person to whom it belongs; and such consent may be given subject to such terms and conditions as that person may reasonably impose, but must not be unreasonably withheld. (4) The undertaker must not make any opening into any public sewer or drain except— (a) in accordance with plans approved by the person to whom the sewer or drain belongs, but such approval must not be unreasonably withheld; and (b) where that person has been given the opportunity to supervise the making of the opening. (5) The undertaker must take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain under this article is as free as may be practicable from gravel, soil or other solid substance, oil or matter in suspension. (6) If a person who receives an application for consent under paragraph (3) or approval under paragraph (4)(a) fails to notify the undertaker of a decision within 28 days of receiving an application, that person is deemed to have granted consent or given approval, as the case may be. (7) Any application to which this article applies must include a statement that the provisions of paragraph (6) apply to that application. (8) Nothing in this article overrides the requirement for an environmental permit under regulation 12 (requirement for an environmental permit) of the Environmental Permitting (England and Wales) Regulations 2016. (9) In this article— (a) “public sewer or drain” means a sewer or drain which belongs to Homes England, the Environment Agency, an internal drainage board, a joint planning board, a local authority, a sewerage undertaker or an urban development corporation; and (b) other expressions used both in this article and in the Water Resources Act 1991 have the same meaning as in that Act. (10) In relation to any works executed under this Order, section 66 (powers to make byelaws) of the Land Drainage Act 1991 is modified so that it has effect as if after subsection (9) there were inserted— (10) Where an application is made to an internal drainage board for its consent under a byelaw made under this section— (a) the consent is not to be unreasonably withheld; and (b) if the internal drainage board fails within 28 days after receipt of the application to notify the application in writing of their determination, the internal drainage board is deemed to have consented to the application. . (11) Any application to which subsection (10) applies must include a statement that the provisions of that subsection apply to that application.
23 Discharge of water
(1) Subject to paragraphs (3) and (4), the undertaker may use any watercourse or any public sewer or drain for the drainage of water in connection with the carrying out, maintenance or use of the authorised development and for that purpose may lay down, take up and alter pipes and may, on any land within the Order limits, make openings into, and connections with, the watercourse, public sewer or drain. (2) Any dispute arising from the making of connections to or use of a public sewer or drain by the undertaker under paragraph (1) is to be determined as if it were a dispute under section 106 (right to communicate with public sewers) of the Water Industry Act 1991. (3) The undertaker must not discharge any water into any watercourse, public sewer or drain except with the consent of the person to whom it belongs; and such consent may be given subject to such terms and conditions as that person may reasonably impose, but must not be unreasonably withheld. (4) The undertaker must not make any opening into any public sewer or drain except— (a) in accordance with plans approved by the person to whom the sewer or drain belongs, but such approval must not be unreasonably withheld; and (b) where that person has been given the opportunity to supervise the making of the opening. (5) The undertaker must take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain under this article is as free as may be practicable from gravel, soil or other solid substance, oil or matter in suspension. (6) If a person who receives an application for consent under paragraph (3) or approval under paragraph (4)(a) fails to notify the undertaker of a decision within 28 days of receiving an application, that person is deemed to have granted consent or given approval, as the case may be. (7) Any application to which this article applies must include a statement that the provisions of paragraph (6) apply to that application. (8) Nothing in this article overrides the requirement for an environmental permit under regulation 12 (requirement for an environmental permit) of the Environmental Permitting (England and Wales) Regulations 2016. (9) In this article— (a) “public sewer or drain” means a sewer or drain which belongs to Homes England, the Environment Agency, an internal drainage board, a joint planning board, a local authority, a sewerage undertaker or an urban development corporation; and (b) other expressions used both in this article and in the Water Resources Act 1991 have the same meaning as in that Act. (10) In relation to any works executed under this Order, section 66 (powers to make byelaws) of the Land Drainage Act 1991 is modified so that it has effect as if after subsection (9) there were inserted— (10) Where an application is made to an internal drainage board for its consent under a byelaw made under this section— (a) the consent is not to be unreasonably withheld; and (b) if the internal drainage board fails within 28 days after receipt of the application to notify the application in writing of their determination, the internal drainage board is deemed to have consented to the application. . (11) Any application to which subsection (10) applies must include a statement that the provisions of that subsection apply to that application.
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