Channel Tunnel Rail Link (Stratford Station and Subsidiary Works) Order 2001
| Jurisdiction | UK Non-devolved |
| Citation | SI 2001/1451 |
2001 No. 1451
TRANSPORT AND WORKS, ENGLAND
TRANSPORT, ENGLAND
The Channel Tunnel Rail Link (Stratford Station and Subsidiary Works) Order 2001
Made 1st March 2001
Coming into force 22th March 2001
Whereas an application has been made to the Secretary of State in accordance with the Transport and Works (Applications and Objections Procedure) Rules 19921made under section 6, 7 and 10 of the Transport and Works Act 19922(“the 1992 Act”), for an Order under sections 1, 3 and 5 of the 1992 Act;
And whereas each House of Parliament has passed a resolution approving the proposals to which the application relates pursuant to section 9 of the 1992 Act as modified by section 42 of the Channel Tunnel Rail Link Act 19963;
And whereas the Secretary of State caused an inquiry to be held for the purposes of the application pursuant to section 11 of the 1992 Act;
And whereas the Secretary of State, having considered the objections made and not withdrawn and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with modifications which in his opinion do not make any substantial change in the proposals;
And whereas notice of the Secretary of State’s determination was published in the London Gazette on 23rd February 2001;
Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 1, 3 and 5 of, and paragraphs 1 to 5, 7 to 12 and 15 to 17 of Schedule 1 to, the 1992 Act and of all other powers enabling him in that behalf, hereby makes the following Order:—
PART I
PRELIMINARY
Citation and commencement
1. This Order may be cited as the Channel Tunnel Rail Link (Stratford Station and Subsidiary Works) Order 2001 and shall come into force on 22nd March 2001.
Interpretation
2.—(1) In this Order—
“the 1965 Act” means the Compulsory Purchase Act 19654;
“authorised works” means the scheduled works and any other works authorised by this Order;
“the book of reference” means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order;
“deemed planning permission” means a planning permission which is deemed by a direction under section 90(2A) of the Town and Country Planning Act 19905to be granted in relation to any authorised works;
“the deposited plans” means the plans certified by the Secretary of State as the deposited plans for the purposes of this Order;
“the deposited sections” means the sections certified by the Secretary of State as the deposited sections for the purposes of this Order;
“highway” has the same meaning as in the Highways Act 19806;
“the limits of deviation” means the limits of deviation for the scheduled works which are shown on the deposited plans;
“the limit for Stratford station” means the limit for Stratford station which is shown on the deposited plans;
“the Order limits” means any of the limits of deviation or the limit for Stratford station;
“owner”, in relation to land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of land (whether in possession or reversion) and includes a person holding, or entitled to the rents and profits of, the land under a lease or tenancy having an unexpired term exceeding 3 years;
“the principal Act” means the Channel Tunnel Rail Link Act 19967;
“the scheduled works” means the works specified in Schedule 1 to this Order;
“Stratford station” has the meaning given to it in Schedule 1 to this Order;
“Union Railways” means Union Railways (North) Limited.
(2) Unless the context otherwise requires, other expressions used in this Order and in the principal Act have the same meaning as in that Act.
(3) References in this Order to rights over land include references to rights to do, or to place and maintain, anything in or on land or in the air-space over its surface.
(4) All directions, distances, lengths and points stated in any description of works, powers or lands shall be construed as if the words “or thereabouts” were inserted after each such direction, distance, length and point.
(5) Unless the context otherwise requires, any reference in this Order to a work identified by the number of the work shall be construed as a reference to the work of that number authorised by this Order.
(6) References in this Order to points identified by letters, with or without numbers, shall be construed as references to the points so marked on the relevant deposited plan.
PART II
WORKS
Construction and maintenance of scheduled works
3.—(1) Union Railways may construct and maintain the scheduled works, being—
(a)
(a) works for a station at Stratford in London for use in connection with the rail link,
(b)
(b) railways near St Pancras in London providing access between the rail link and the West Coast Main Line by means of a connection to the North London Line, and
(c)
(c) works ancillary to the works mentioned in sub-paragraphs (a) and (b) above.
(2) Subject to paragraph (5) below, the scheduled works shall be constructed in the lines or situations shown on the deposited plans and in accordance with the levels shown on the deposited sections.
(3) Union Railways may, for the purposes of or in connection with the scheduled works, do any of the following within the Order limits—
(a)
(a) make, provide and maintain all such approaches, bridges, subways, interchanges, roundabouts, turning places, lifts, stairs, escalators, ramps, passages, means of access, shafts, stagings, buildings, apparatus, plant and machinery as may be necessary or convenient,
(b)
(b) make junctions and communications (including the provision of steps or ramps for the use of persons on foot) with any highway or access way intersected or interfered with by, or contiguous to, any of those works, and widen or alter any highway or access way for the purpose of connecting it with any of those works or another highway, or of crossing under or over the highway or access way,
(c)
(c) construct, provide and maintain all such embankments, aprons, abutments, retaining walls, wing walls, culverts and other works as may be necessary or convenient,
(d)
(d) alter or remove any structure erected upon any highway or adjoining land,
(e)
(e) alter the position of apparatus, including mains, sewers, drains and cables,
(f)
(f) alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses, and
(g)
(g) carry out and maintain such other works, of whatever description, as may be necessary or expedient.
(4) Union Railways may within the Order limits—
(a)
(a) carry out and maintain landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of any of the authorised works, and
(b)
(b) carry out and maintain works for the benefit or protection of land affected by any of the authorised works.
(5) In constructing or maintaining any scheduled work, Union Railways may—
(a)
(a) as regards a scheduled work not comprising Stratford station, deviate laterally from the lines or situations shown on the deposited plans within the limits of deviation for that work;
(b)
(b) as regards the scheduled work comprising Stratford station, construct that work within the limit for Stratford station;
(c)
(c) in any case, deviate vertically from the levels shown on the deposited sections—
(i) to any extent not exceeding 3 metres upwards, or
(ii) to any extent downwards.
(6) Without prejudice to the generality of paragraphs (3) and (4) above, Union Railways may construct a pedestrian link at Stratford in the London Borough of Newham either—
(a)
(a) between points X and Y, or
(b)
(b) between point X and the existing subway serving Stratford station which is within the limit of deviation of Work No. 1E and identified on the deposited plans, with such works within that limit as may be necessary or expedient to make a connection of the link with that subway.
(7) The power conferred by paragraph (3)(b) above does not include a power to extinguish any public right of way over any highway.
Stopping up of highways
4.—(1) Union Railways may exercise the power conferred by paragraph 1(1) of Schedule 3 to the principal Act to stop up York Way between points L1 and L2 (which points are shown on the deposited plans)—
(a)
(a) for the relevant purposes, and
(b)
(b) in relation to that part of York Way within the London Borough of Islington as well as the part within the London Borough of Camden.
(2) Paragraph (1) above has effect without prejudice to article 15(2) below and subject to paragraph 1(3) of Schedule 3 to the principal Act.
(3) In paragraph (1) above, “the relevant purposes” means purposes connected with the construction of the authorised works or the works authorised by Part I of the principal Act.
Highway access
5. Without prejudice to article 3(3)(b) above, Union Railways may, for the purposes of or in connection with the authorised works, form and lay out means of access at points AJ, AM and AN in the London Borough of Camden.
Temporary interference with waterways
6.—(1) The powers conferred by this article shall be exercisable for the purpose of, or in connection with, the exercise of the powers conferred by this Order in relation to Work No. 1C.
(2) Union Railways may—
(a)
(a) temporarily interfere with the River Lea, at any point within the Order limits, by constructing or maintaining such temporary works, or by carrying out such dredging works, as it considers necessary or expedient.
(b)
(b) temporarily moor or anchor barges or other vessels or craft in the River Lea, or
(c)
(c) temporarily close the River Lea, or a part of it, to navigation.
(3) The power conferred by paragraph (2)(c) above shall be exercised in a way which secures—
(a)
(a)...
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