The Felixstowe Branch Line (Land Acquisition) Order 2014
| Jurisdiction | UK Non-devolved |
| Citation | SI 2014/1821 |
2014No. 1821
TRANSPORT AND WORKS, ENGLAND
TRANSPORT, ENGLAND
The Felixstowe Branch Line (Land Acquisition) Order 2014
8thJuly2014
29thJuly2014
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 2006( 1) for an Order under sections 1 and 5 of the Transport and Works Act 1992( 2) ("the 1992 Act").
The objections to that application have been withdrawn.
The Secretary of State has determined to make an Order giving effect to the proposals comprised in the application with modifications which in the Secretary of State's opinion do not make any substantial change in the proposals.
Notice of the Secretary of State's determination was published in the London Gazette on 7th July 2014.
The Secretary of State, in exercise of the powers conferred by sections 1 and 5 of, and paragraphs 3 to 5, 7, 8, 11, and 16 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 Felixstowe Branch Line (Land Acquisition) Order 2014 and comes into force on 29th July 2014.
Interpretation
2. (1) In this Order-
"the 1961 Act" means the Land Compensation Act 1961( 3);
"the 1965 Act" means the Compulsory Purchase Act 1965( 4);
"the 2008 Order" means the Felixstowe Branch Line and Ipswich Yard Improvement Order 2008( 5);
"authorised works" means Works Nos. 2 to 6 (or any part of them) authorised by the 2008 Order or any other works adjacent to or in the Parish of Westerfield in the Borough of Ipswich within the Order limits, or any other works in Suffolk Coastal District within the Order limits authorised by the 2008 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;
"the land plans" means the plans certified by the Secretary of State as the land plans for the purpose of this Order;
"limits of deviation" means the limits of deviation for the authorised works shown on the land plans;
"the limits of land to be acquired or used" means the limits of land to be acquired or used shown on the land plans;
"the Order limits" means any limits of deviation and any limits of land to be acquired or used which are shown on the land plans;
"tribunal" means the Lands Chamber of the Upper Tribunal; and
"the undertaker" means The Felixstowe Dock and Railway Company being a company limited by shares and incorporated by The Felixstowe Railway and Pier Act 1875( 6).
(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 over its surface.
(3) References in this Order to numbered works are references to the works as numbered in Schedule 1 (scheduled works) to the 2008 Order.
(4) All measurements stated in any description of lands in the book of reference are approximate.
PART 2
ACQUISITION AND POSSESSION OF LAND
Powers of acquisition
Power to acquire land
3. (1) The undertaker may acquire compulsorily so much of the land shown on the land plans within the Order limits and described in the book of reference as may be required for the purposes of the authorised works and may use any land so acquired for those purposes or for any other purposes that are ancillary to its railway undertaking.
(2) This article is subject to article 8 (temporary use of land for construction of works).
Application of Part 1 of the 1965 Act
4. (1) Part 1 of the 1965 Act, in so far as not modified by or inconsistent with the provisions of this Order, applies to the acquisition of land under this Order-
(a) as it applies to a compulsory purchase to which the Acquisition of Land Act 1981( 7) applies; and(b) as if this Order were a compulsory purchase order under that Act.(2) Part 1 of the 1965 Act, as applied by paragraph (1), has effect as if section 4 (which provides a time limit for compulsory purchase of land) and paragraph 3(3) of Schedule 3 (which makes provision as to the giving of bonds) were omitted.
Application of the Compulsory Purchase (Vesting Declarations) Act 1981
5. (1) The Compulsory Purchase (Vesting Declarations) Act 1981( 8) applies as if this Order were a compulsory purchase order.
(2) The Compulsory Purchase (Vesting Declarations) Act 1981, as applied by paragraph (1), has effect with the following modifications.
(3) In section 3 (preliminary notices) for subsection (1) substitute-
"(1) Before making a declaration under section 4 with respect to any land which is subject to a compulsory purchase order the acquiring authority must include the particulars specified in subsection (3) in a notice which is-(a) given to every person with a relevant interest in the land with respect to which the declaration is to be made (other than a mortgagee who is not in possession); and(b) published in a local newspaper circulating in the area in which the land is situated.".(4) In that section, in subsection (2), for "(l)(b)" substitute "(1)", and after "given" insert "and published".
(5) In that section, for subsections (5) and (6) substitute-
"(5) For the purposes of this section, a person has a relevant interest in land if-(a) that person is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion; or(b) that person holds, or is entitled to the rents and profits of, the land under a lease or agreement, the unexpired term of which exceeds one month.".(6) In section 5 (earliest date for execution of declaration)-
(a) in subsection (1), after "publication" insert "in a local newspaper circulating in the area in which the land is situated"; and(b) omit subsection (2).(7) In section 7 (constructive notice to treat) in subsection (l)(a), omit "(as modified by section 4 of the Acquisition of Land Act 1981)".
(8) References to the 1965 Act are to be construed as references to that Act as applied to the acquisition of land under article 3 (power to acquire land).
Power to acquire new rights
6. (1) The undertaker may acquire compulsorily such easements or other rights over any land referred to in paragraph (1) of article 3 (power to acquire land) as may be required for any purpose for which that land may be acquired under that provision, by creating them as well as by acquiring easements or other rights already in existence.
(2) Subject to section 8 of the 1965 Act (as substituted by paragraph 5 of Schedule 6 (modification of compensation and compulsory purchase enactments for creation of new rights) to the 2008 Order, as applied by article 15 (application of provisions of the 2008 Order)) where the undertaker acquires a right over land under paragraph (1) the undertaker is not required to acquire a greater interest in that land.
(3) Schedule 6 to the 2008 Order, as applied by article 15, has effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right.
Rights under or over streets
7. (1) The undertaker may enter upon and appropriate so much of the subsoil of, or air-space over, any street within the Order limits as may be required for the purposes of the authorised works and may use the subsoil or air-space for those purposes or any other purpose ancillary to its railway undertaking.
(2) Subject to paragraph (4), the power under paragraph (1) may be exercised in relation to a street without the undertaker being required to acquire any part of the street or any easement or right in the street.
(3) Subject to paragraph (5), any person who is an owner or occupier of land in respect of which the power of appropriation conferred by paragraph (1) is exercised without the undertaker acquiring any part of that person's interest in the land, and who suffers loss by the exercise of that power, is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.
(4) Paragraph (2) does not apply in relation to-
(a) any subway or underground building; or(b) any cellar, vault, arch or other construction in, on or under a street which forms part of a building fronting onto the street.(5) Compensation is not payable under paragraph (3) to any person who is an undertaker to whom section 85 (sharing of cost of necessary measures) of the New Roads and Street Works Act 1991( 9) applies in respect of measures of which the allowable costs are to be borne in accordance with that section.
Temporary possession of land
Temporary use of land for construction of works
8. (1) The undertaker may, in connection with the carrying out of the authorised works-
(a) enter upon and take temporary possession of the land specified in columns (1) and (2) of the Schedule (land of which temporary possession may be taken) for the purpose specified in relation to that land in column (3) of the Schedule relating to the authorised works specified in column (4) of the Schedule;(b) remove any buildings and vegetation from that land;(c) construct temporary works (including the provision of means of access) and buildings on that land; and(d) use the land for the purposes of a working site with access to the working site in connection with the authorised works.(2) Not less than 14 days before entering upon and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land.
(3) The undertaker may not, without the agreement of the owners of the land, remain in possession of any land under this article after the end of the period of one year beginning with the date of completion of the work specified in relation to that land in column (4) of the Schedule.
(4) Before giving up possession of land of which temporary possession has been taken under this article, the undertaker...
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