Works affecting - application process

Prior to starting any works on site, you must:

• Have already submitted an Operating Proposal and received our ‘in principal approval’ and confirmation to proceed to submitting a Works Proposal (for tenants of the Trust please liaise with the Business Boating Estate Surveyor for advice on terms of the lease and which proposal applies to you).  Contact details can be found on the Business Boating team contacts page.
• You will be asked to complete and submit a Works Proposal and return it to us with your fee of £380 (plus VAT)
• Design your scheme to meet the requirements set out in this website and in any other written reports issued during this process.
• Obtain planning consent (if required).
• Complete and submit your Detailed Submission
• Complete all necessary agreement(s)

What we will do on receipt of your Works Proposal:

We will log your Works Proposal and carry out an assessment of the potential impact on the local waterway.

Within 8 weeks of receiving your Works Proposal we will tell you in writing whether:

(a) you should proceed with a Detailed Submission (and obtaining planning permission, if required), or

(b) the proposal is not acceptable, giving our reasons.

Detailed Submission

Once you have received planning permission (where required) and your final scheme is ready you should send us your completed Detailed Submission. We strongly advise you to liaise with us as you develop your submission so that we can assess solutions, resolve queries etc.

Before you start the preparation of your Detailed Submission you should:

• refer to our report on your Works Proposal and ensure that you have adequately addressed all the issues raised in this report, including all relevant construction phase information (Risk Assessments and Method Statements)

What we will do on receipt of your Detailed Submission:

When we receive your Detailed Submission, we will carry out a full appraisal and will report in writing to you within 8 weeks.

We will tell you that either:

(a) further work/information is required, or

(b) you have satisfied our requirements

We will also contact you to progress any agreements required.

Prior to any works affecting Trust property taking place, the applicant/ contractor will be issued with a Authorisation for Access Form.  A copy of the form must be maintanined on site to demonstrate to other agents of the Trust that permission is in place.

Once construction commences you are required to complete the works in accordance with the approved Detailed Submission. Any changes to your methods of working or programme of works must be agreed by us.

Terms & Conditions relevant to the Works Proposal

• We handle applications on a first come first served basis.
• We will appraise each application in isolation of all others. No information given to the Canal & River Trust will be passed to any potential competitor except to the extent that it is already in the public domain.
• Subject to any overriding provisions of the Freedom of Information Act 2000 or other legislation we will treat your application to us in confidence. We may on occasion seek your permission to discuss your proposal with the relevant Local Waterway Partnership.We would expect it to enter the public domain when you submit a planning application (if this is required). At this stage we may receive the views of interested parties and will consider them appropriately. Please also be aware that there may be others making applications in confidence to us in the same area.
• We will not be concerned with the viability of the proposal or whether there will be sufficient customer demand to support your business - it is your responsibility to make your own assessments on these issues.
• From the start of your application to us we will assign to you a Business Boating Manager or Business Boating Surveyor to coordinate the team dealing with your scheme. A Works Engineer will assist the Business Boating Manager/Surveyor as required.
• We may refuse your application if at any stage it transpires that your scheme will not meet the requirements we have explained to you, or if you materially alter details of the scheme without discussing them with us, or if you do not pay the required fee.
• If we have to terminate the application process or refuse your application, we will give a clear explanation of our reasons.
• In the event of refusal or termination of your application the fee you have paid to us is not refundable.
• We will not be held responsible or liable for any costs or expenses that you may have incurred or that arise from the termination or refusal.

Legal Fees

Where required each party is responsible for paying its own legal fees in respect of the works.

Legal agreements

Surface Water Discharge and Water quality – where a new discharge is proposed it will be reviewed using a risk based approach to determine whether the benefits to the Trust outweigh the risks of acceptance. Any new discharge will require approval by the Water management, Environment and Utilities Teams.
If you intend to discharge water from your site other than by way of natural runoff either into a proposed basin or into the waterway then you will also need to enter into a Surface Water Discharge Licence with us. This is a standard document to ensure that issues of water quantity and quality as well as any construction issues are properly addressed.

We will only accept clean surface water. We will not accept foul, polluted or contaminated water. Payment is likely to be required in respect of discharges.

Development Agreement followed by a lease/licence

If you are developing a scheme on our land, we will grant a Development Agreement which may be followed by a lease or a licence as appropriate.

Agreements will be for a term of years sufficient to reflect the level of investment made and may contain restrictions to agreed uses. The rent is usually negotiable and subject to periodic review. Operators will usually be responsible for repairs and insurance.

Other legal agreements may apply (to be determined on a case by case basis).

Contact details can be found on the Business Boating team contacts page.

Business Boating Team

Canal & River Trust

Trencherfield Mill

Heritage Way

Wigan

WN3 4BN

Tel: 01942 405 722
Email: business.boating@canalrivertrust.org.uk