The High Speed Rail (London – West Midlands) (Greatmoor Railway Sidings Etc.) Order 2018
| Jurisdiction | UK Non-devolved |
| Citation | SI 2018/693 |
| Year | 2018 |
2018 No. 693
Transport And Works, England
Transport, England
The High Speed Rail (London – West Midlands) (Greatmoor Railway Sidings Etc.) Order 2018
Made 7th June 2018
Coming into force 28th June 2018
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 under 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The Secretary of State, having considered the objections made and not withdrawn, and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with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 19th April 2018.
The Secretary of State, in exercise of the powers conferred by sections 1 and 5 of, and paragraphs 1 to 5, 7, 8, 10, 11 and 15 to 17 of Schedule 1 to, the 1992 Act and section 53 of the High Speed Rail (London – West Midlands) Act 20173makes the following Order—
PART 1
PRELIMINARY
Citation and commencement
1. This Order may be cited as the High Speed Rail (London – West Midlands) (Greatmoor Railway Sidings Etc.) Order 2018 and comes into force on 28th June 2018.
Interpretation
2.—(1) In this Order—
“the 1961 Act” means the Land Compensation Act 19614;
“the 1965 Act” means the Compulsory Purchase Act 19655;
“the 1980 Act” means the Highways Act 19806
“the 1990 Act” means the Town and Country Planning Act 19907;
“the 1991 Act” means the New Roads and Street Works Act 19918;
“address” includes any number or address used for the purposes of electronic transmission;
“authorised works” means the scheduled works and any other works 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 purposes of this Order;
“bridleway” has the same meaning as in the 1980 Act;
“the deposited plans” means the plans entitled “Works and Land and Public Rights of Way Plan” certified by the Secretary of State as the deposited plans for the purposes of this Order;
“electronic transmission” means a communication transmitted—
(a) by means of an electronic communications network; or
(b) by other means but while in electronic form;
“footpath” has the same meaning as in the 1980 Act;
“highway” and “highway authority” have the same meaning as in the 1980 Act;
“the limits of deviation” means the limits of deviation for the scheduled works shown on the deposited plans;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace, and “maintenance” is to be construed accordingly;
“the Nominated Undertaker” has the same meaning as in section 68(1) of the principal Act;
“owner”, in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 19819;
“Phase One purposes” has the same meaning as in section 67 of the principal Act;
“the principal Act” means the High Speed Rail (London – West Midlands) Act 2017;
“the scheduled works” means the works specified in Schedule 1 (scheduled works) to this Order or any part of them;
“the sections” means the sections certified by the Secretary of State as the sections for the purposes of this Order;
“street” includes part of a street;
“street authority”, in relation to a street, has the same meaning as in Part 3 of the 1991 Act;
“the tribunal” means the Lands Chamber of the Upper Tribunal;
“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.
(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.
(3) All distances, directions, lengths and points stated in the description of the scheduled works or in any description of powers or lands are approximate, and distances between points on a scheduled work are taken to be measured along the scheduled work.
PART 2
WORKS PROVISIONS
Principal powers
Power to construct and maintain works
3.—(1) The Nominated Undertaker may construct and maintain the scheduled works.
(2) Subject to article 4 (power to deviate), the scheduled works may only be constructed in the lines or situations shown on the deposited plans and in accordance with the levels shown on the sections.
(3) Subject to paragraph (5), the Nominated Undertaker may 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 construction of the scheduled works, namely—
(a)
(a) works for the strengthening, alteration or demolition of any building or structure;
(b)
(b) works to alter, or alter the position of apparatus, including mains, sewers, drains and cables;
(c)
(c) works to erect and construct such offices and other buildings, yards, slab, cranes, grabs, weighbridges, plant and machinery, apparatus, and other works and conveniences;
(d)
(d) make, provide and maintain all such bridges, approaches, lifts, roadways, walkways, ramps, retaining structures, means of access, shafts and stages;
(e)
(e) railway lines, electrification and signalling works and telecommunications works;
(f)
(f) works to alter the course of, or otherwise interfere with watercourses;
(g)
(g) landscaping, environmental and other works to mitigate any adverse effects of the construction, maintenance or operation of the scheduled works; and
(h)
(h) works for the benefit or protection of land or premises affected by the scheduled works.
(4) Subject to paragraph (5), the Nominated Undertaker may carry out such other works (of whatever nature) as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction of the scheduled works, other than works that would interfere with a navigable watercourse.
(5) Paragraphs (3) and (4) only authorise the carrying out or maintenance of works—
(a)
(a) within the limits of deviation; or
(b)
(b) on land specified in columns (1) and (2) of Schedule 2 (acquisition of certain lands for ancillary works) for the purposes specified in column (3) of that Schedule in relation to that land.
Power to deviate
4. In constructing or maintaining any of the scheduled works, the Nominated Undertaker may—
(a) deviate laterally from the lines or situations shown on the deposited plans to the extent of the limits of deviation for that work; and
(b) deviate vertically from the levels shown on the sections—
(i) to any extent not exceeding 3 metres upwards; or
(ii) to any extent downwards as may be found to be necessary or convenient.
Streets
Stopping up of streets and use of private roads for construction
5.—(1) Subject to the provisions of this article, the Nominated Undertaker may, in connection with the construction of the authorised works, stop up each of the streets specified in columns (1) and (2) of Parts 1 and 2 of Schedule 3 (streets to be stopped up) to the extent specified in column (3) of those parts of that Schedule.
(2) No street specified in columns (1) and (2) of Part 1 of Schedule 3 (being a street to be stopped up for which a substitute is to be provided) is to be wholly or partly stopped up under this article unless—
(a)
(a) the new street to be substituted for it, which is specified in column (4) of that Part of that Schedule, has been completed to the reasonable satisfaction of the street authority and is open for use; or
(b)
(b) a temporary alternative route for the passage of such traffic as could have used the street to be stopped up is first provided and afterwards maintained by the Nominated Undertaker, to the reasonable satisfaction of the street authority, between the commencement and termination points for the stopping up of the street until the completion and opening of the new street in accordance with sub-paragraph (a).
(3) No street specified in columns (1) and (2) of Part 2 of Schedule 3 (being a street to be stopped up for which no substitute is to be provided) is to be wholly or partly stopped up under this article unless the condition specified in paragraph (4) is satisfied in relation to all the land which abuts on either side of the street to be stopped up.
(4) The condition referred to in paragraph (3) is that—
(a)
(a) the Nominated Undertaker is in possession of the land; or
(b)
(b) there is no right of access to the land from the street concerned; or
(c)
(c) there is reasonably convenient access to the land otherwise than from the street concerned; or
(d)
(d) the owners and occupiers of the land have agreed to the stopping up.
(5) Where a street has been stopped up under this article—
(a)
(a) all rights of way over or along the street so stopped up are extinguished; and
(b)
(b) the Nominated Undertaker may appropriate and use for the purposes of its railway undertaking so much of the street so stopped up.
(6) The Nominated Undertaker may use any private road within the Order limits for the passage of persons or vehicles (with or without materials, plant and machinery) for the purposes of or in connection with the construction of the authorised works.
(7) Any person who suffers loss under this article by either the suspension or extinguishment of any private right of way or the exercise by...
To continue reading
Request your trial