(a) in accordance with plans approved by the person to whom the sewer or drain belongs, but approval must not be unreasonably withheld or delayed; 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 pursuant to this article is as free as may be practicable from gravel, soil or other solid substance, oil or matter in suspension. 

(6) Nothing in this article overrides the requirement for an environmental permit under regulation 12(1)(b) of the Environmental Permitting (England and Wales) Regulations 2016. 

(7) In this article— 

(a) “public sewer or drain” means a sewer or drain which belongs to Homes England, the Environment Agency, a harbour authority within the meaning of section 57 (interpretation) of the Harbours Act 1964( a ), an internal drainage board, a joint planning board, a local authority, a National Park Authority, a sewerage undertaker or an urban development corporation; and 

(b) other expressions, excluding watercourse, used both in this article and in the Water Resources Act 1991( b ) have the same meaning as in that Act. 

## Authority to survey and investigate the land 

19. —(1) The undertaker may for the purposes of this Order enter on any land shown within the Order limits or enter on any land which may be affected by the authorised development and— 

(a) survey or investigate the land; 

(b) without limitation to the generality of sub-paragraph (a), make trial holes in such positions on the land as the undertaker thinks fit to investigate the nature of the surface layer and subsoil and remove soil samples; 

(c) without limitation to the generality of sub-paragraph (a), carry out ecological or archaeological investigations on such land; and 

(d) place on, leave on and remove from the land apparatus for use in connection with the survey and investigation of land and making of trial holes. 

(2) No land may be entered or equipment placed or left on or removed from the land under paragraph (1) unless at least 14 days’ notice has been served on every owner and occupier of the land. 

(3) Any person entering land under this article on behalf of the undertaker— 

(a) must, if so required before entering the land, produce written evidence of their authority to do so; and 

(b) may take onto the land such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes. 

(4) No trial holes are to be made under this article— 

(a) in land located within the highway boundary without the consent of the highway authority; or 

(b) in a private street without the consent of the street authority, 

but such consent must not be unreasonably withheld. 

(5) The undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land once it has ceased to use the land for the purposes authorised by this article. 

(6) The undertaker must compensate the owners and occupiers of the land for any loss or damage arising by reason of the exercise of the authority conferred by this article, such 

