The Crossrail (Kensal Green) Order 2013
| Jurisdiction | UK Non-devolved |
| Citation | SI 2013/198 |
2013 No. 198
Transport And Works, England
Transport, England
The Crossrail (Kensal Green) Order 2013
Made 30th January 2013
Coming into force 20th February 2013
An application has been made to the Secretary of State in accordance with the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 20061for an Order under sections 1 and 5 of the Transport and Works Act 19922(“the 1992 Act”).
The Secretary of State caused an inquiry to be held for the purposes of the application pursuant to section 11 of the 1992 Act.
The Secretary of State, having considered the objections made and not withdrawn and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with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 the opinion of the Secretary of State do not make any substantial change in the proposals.
Notice of the Secretary of State’s determination was published in the London Gazette on 29th January 2013.
The Secretary of State in exercise of the powers conferred by sections 1 and 5 of, and paragraphs 1 to 5, 7, 8, 10 and 11 of Schedule 1 to, the 1992 Act, makes the following Order—
PART 1
PRELIMINARY
Citation and commencement
1. This Order may be cited as the Crossrail (Kensal Green) Order 2013 and comes into force on 20th February 2013.
Interpretation
2.—(1) In this Order—
“the 1961 Act” means the Land Compensation Act 19613;
“the 1965 Act” means the Compulsory Purchase Act 19654;
“the 1990 Act” means the Town and Country Planning Act 19905;
“the 1991 Act” means the New Roads and Street Works Act 19916;
“address” includes any number or address used for the purposes of electronic transmission;
“authorised works” means the scheduled works and any other work authorised by this Order;
“building” includes any structure or erection or any part of a building, structure or erection;
“the book of reference” means the book of reference certified by the Secretary of State as the book of reference for the purpose of this Order;
“Canal Way” means the land identified as plots numbers 1 and 2 on the works and land plans;
“carriageway” has the same meaning as in the Highways Act 19807;
“designated works” means the provision of railway systems and station facilities authorised by the Crossrail Act 20088, relating to the works described in Schedule 1 to that Act as Works Nos. 1/8C, 1/8D, 1/8E, 1/8F, 3/19A, 3/19B, 3/19C, 3/19D, 3/19E and 3/19F, and includes ancillary works authorised by Schedule 2 to that Act;
“electronic transmission” means a communication transmitted—
(a) by means of an electronic communications network; or
(b) by other means but while in electronic form;
“footway” has the same meaning as in the Highways Act 1980;
“highway” and “highway authority” have the same meanings as in the Highways Act 1980;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace, and “maintenance” is to be construed accordingly;
“Network Rail” means Network Rail Infrastructure Limited (Company No. 02904587) whose registered office is at Kings Place, 90 York Way, London N1 9AG and any associated company of Network Rail Infrastructure Limited which holds property for railway purposes, and for the purposes of this definition “associated company” means any company which is (within the meaning of section 1159 of the Companies Act 20069the holding company of Network Rail Infrastructure Limited, a subsidiary of Network Rail Infrastructure Limited or another subsidiary of the holding company of Network Rail Infrastructure Limited;
“the Order limits” means the limits of land to be used which are shown on the works and land plan;
“owner”, in relation to land, has the same meaning as in the Acquisition of Land Act 198110;
“scheduled works” means the works specified in column (2) of Schedule 1 (land of which temporary possession may be taken);
“the tribunal” means the Upper Tribunal;
“the undertaker” means Crossrail Limited (Company No. 04212657) whose registered office is at 25 Canada Square, Canary Wharf, London, E14 5LQ;
“watercourse” includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain; and
“the works and land plan” means the plan certified by the Secretary of State as the works and land plan for the purposes of this Order.
(2) References in this Order to rights over land include references to rights to do, or to place and maintain, anything in, on or under land or in the air-space above its surface.
PART 2
WORKS AND LANDS PROVISIONS
Power to carry out works
3.—(1) The undertaker may carry out the scheduled works.
(2) The scheduled works may only be carried out within the Order limits.
(3) Subject to paragraph (5), and without limitation on the scope of any other powers available to it under any other enactment, the undertaker may from time to time carry out and maintain such of the following works as may be necessary or expedient for the purposes of, or for purposes ancillary to, the carrying out of the scheduled works, namely—
(a)
(a) works to alter the position of apparatus, including mains, sewers, drains, pipes, cables and street furniture;
(b)
(b) landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the scheduled works; and
(c)
(c) works for the benefit or protection of land or premises affected by the scheduled works.
(4) Subject to paragraph (5), the undertaker may from time to time carry out and maintain such other works (of whatever nature) as may be necessary or expedient for the purposes of, or for purposes ancillary to, the carrying out of the scheduled works.
(5) The works specified in paragraphs (3) and (4) may only be carried out within the Order limits.
Access to works
4. The undertaker may, for the purposes of the authorised works—
(a) form and lay out means of access, or improve existing means of access, in the location specified in columns (1) and (2) of Schedule 2 (access to works); and
(b) form and lay out such other means of access or improve existing means of access, at such locations within the Order Limits as the undertaker reasonably requires for the purposes of the authorised works as may be approved by the highway authority but such approval must not be unreasonably withheld.
Discharge of water
5.—(1) The undertaker may use any watercourse or any public sewer or drain for the drainage of water in connection with the carrying out of the authorised works 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 exercise of the powers conferred by paragraph (1) to connect to or use a public sewer or drain is to be determined as if it were a dispute under section 106 of the Water Industry Act 199111.
(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)
(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)
(b) where that person has been given the opportunity to supervise the making of the opening.
(5) The undertaker must not, in the exercise of the powers conferred by this article, damage or interfere with the bed or banks of any watercourse forming part of a main river.
(6) 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 the powers conferred by this article is as free as may be practicable from gravel, soil or other solid substance, oil or matter in suspension.
(7) Nothing in this article overrides the requirement for an environmental permit under regulation 12(1)(b) of the Environmental Permitting (England and Wales) Regulations 201012.
(8) In this article—
(a)
(a) “public sewer or drain” means a sewer or drain which belongs to the Environment Agency, an internal drainage board, a local authority or a sewerage undertaker; and
(b)
(b) other expressions, excluding watercourse, used both in this article and in the Water Resources Act 199113have the same meaning as in that Act.
Power to survey and investigate land
6.—(1) The undertaker may for the purposes of this Order—
(a)
(a) survey or investigate any land shown within the Order limits or which may be affected by the authorised works;
(b)
(b) without limitation on the scope of sub-paragraph (a), make trial holes in such positions as the undertaker thinks fit on the land to investigate the nature of the surface layer and subsoil and remove soil samples;
(c)
(c) without limitation on the scope of sub-paragraph (a), carry out ecological or archaeological investigations on such land;
(d)
(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; and
(e)
(e) enter on the land for the purpose of exercising the powers conferred by sub-paragraphs (a) to (d).
(2) No land may be entered or equipment placed or left on or removed from the land under paragraph (1), unless at least 7 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)
(a) must, if so required, before or after entering the land produce written...
To continue reading
Request your trial