(b) any damage, or any interruption, caused by electro-magnetic interference arising from the construction or use of the authorised development. 

## FOR THE PROTECTION OF THE ENVIRONMENT AGENCY 

## PART 3 

17.  The following provisions of this Part of this Schedule apply for the protection of the Agency unless otherwise agreed in writing between the Environment Agency and the undertaker. 

18.  In this Part of this Schedule— 

“the Agency” means the Environment Agency; 

“completion” in relation to a specified work means the date on which it is brought into use; 

“construction” includes execution, placing, altering, replacing, relaying, removal and excavation and “construct” and “constructed” have corresponding meanings; 

“drainage work” includes any land which provides or is expected to provide flood storage capacity for Lake Lothing and any bank, wall, embankment or other structure, or any appliance constructed or used for land drainage, flood defence or tidal monitoring; 

“the fishery” means Lake Lothing; 

“plans” includes sections, drawings, sediment risk analysis, specifications, calculations and method statements; 

“specified work” means so much of any work or operation authorised by this Order as is in, on, under, over or within 8 metres of a drainage work or is otherwise likely to— 

(a) affect any drainage work or the volumetric rate of flow of water in or flowing to or from any drainage work; 

(b) affect the flow, purity or quality of water in Lake Lothing and any other watercourse or other surface waters or ground water; 

(c) cause obstruction to the free passage of fish or damage to the fishery; 

(d) affect the conservation, distribution or use of water resources; or 

(e) affect the conservation value of Lake Lothing and habitats in its immediate vicinity; and 

“watercourse” includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, basins, sewers and passages through which water flows except a public sewer. 

19. —(1) Before beginning to construct any specified work, the undertaker must submit to the Agency plans of the specified work and such further particulars available to it as the Agency may within 28 days of the receipt of the plans reasonably request. 

(2) Any such specified work must not be constructed except in accordance with such plans as may be approved in writing by the Agency or determined under paragraph 30. 

(3) Any approval of the Agency required under this paragraph— 

(a) must not be unreasonably withheld or delayed; 

(b) is deemed to have been refused if it is neither given nor refused within 2 months of the submission of the plans or receipt of further particulars if such particulars have been requested by the Agency for approval; and 

(c) may be given subject to such reasonable requirements as the Agency may have for the protection of any drainage work or the fishery or for the protection of water resources, or for the prevention of flooding or pollution or in the discharge of its environmental and recreational duties. 

(4) The Agency must use its reasonable endeavours to respond to the submission of any plans before the expiration of the period mentioned in sub-paragraph (3)(b). 

(5) Without limiting sub-paragraph (3), the requirements which the Agency may have under that paragraph include conditions requiring the undertaker, at its own expense, to construct such 

