The London Underground (Northern Line Extension) Order 2014

JurisdictionUK Non-devolved

2014No. 3102

TRANSPORT AND WORKS, ENGLAND

TRANSPORT, ENGLAND

The London Underground (Northern Line Extension) Order 2014

24thNovember2014

15thDecember2014

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, 3 and 5 of the Transport and Works Act 1992( 2) ("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The Secretary of State, having considered the objections made and not withdrawn, and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with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 17th November 2014.

The Secretary of State, in exercise of the powers conferred by sections 1, 3 and 5 of, and paragraphs 1 to 5, 7, 8, 10, 11 and 15 to 17 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 London Underground (Northern Line Extension) Order 2014 and comes into force on 15th December 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 1968 Act" means the Port of London Act 1968( 5);

"the 1980 Act" means the Highways Act 1980( 6);

"the 1984 Act" means the Road Traffic Regulation Act 1984( 7);

"the 1990 Act" means the Town and Country Planning Act 1990( 8);

"the 1991 Act" means the New Roads and Street Works Act 1991( 9);

"the 2004 Act" means the Traffic Management Act 2004( 10);

"the 2009 Act" means the Marine and Coastal Access Act 2009( 11);

"address" includes any number or address used for the purposes of electronic transmission;

"the authorised railway" means the railway forming part of the authorised works;

"the authorised works" means the scheduled works and any other works or operations authorised by this Order, or any part of them;

"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;

"building" includes any structure or erection or any part of a building, structure or erection;

"carriageway" has the same meaning as in the 1980 Act;

"cycle track" has same meaning as in the 1980 Act;

"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;

"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 1980 Act;

"the Harbour Master" means a person appointed by the Port of London Authority to be a harbour master and includes the harbour master's deputies and assistants;

"highway" and "highway authority" have the same meaning as in the 1980 Act;

"the limits of deviation" means the various limits of deviation for the scheduled works shown on the deposited plans and the limits mentioned in article 5(1)(b) (power to deviate);

"the limits of land for protective works" means the limits so shown and described on the deposited plans;

"the limits of land to be used only temporarily" means the limits so shown and described on the deposited plans;

"LUL" means London Underground Limited (company registration number 01900907), whose registered office is Windsor House, 42 - 50 Victoria Street, London SW1H 0TL;

"maintain" includes inspect, repair, adjust, alter, remove, reconstruct and replace and "maintenance" is to be construed accordingly;

"mean high water level" means the level which is halfway between mean high water springs and mean high water neaps;

"mooring" means any buoy, pile, pontoon, chain or other apparatus used for the mooring of vessels;

"the Order limits" means the limits of deviation, the limits of land for protective works and the limits of land to be used only temporarily;

"owner", in relation to land, has the same meaning as in the Acquisition of Land Act 1981( 12);

"parking place" has the same meaning as in section 32 of the 1984 Act;

"public sewer or drain" means a sewer or drain which belongs to a sewerage undertaker, the Environment Agency, an internal drainage board, a local authority or a harbour authority within the meaning of the Harbours Act 1964( 13);

"the river area" means so much of the bed, waters, foreshore, banks and walls of the River Thames as is comprised in the lands in the London Borough of Wandsworth numbered 10005 and 10006 on the deposited plans;

"the scheduled works" means the works and operations specified in Schedule 1 (scheduled works) or any part of them;

"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; and

"watercourse" includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows (whether or not the flow is intermittent), 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 airspace above its surface.

(3) Any reference in this Order to a work identified by the number of the work is to be construed as a reference to the work of that number authorised by this Order.

(4) References in this Order to numbered plots are references to plot numbers shown on the deposited plans.

(5) References in this Order to points identified by letters and numbers are to be construed as references to the points marked on the deposited plans.

(6) All distances, directions and lengths 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.

Application, modification and exclusion of legislative provisions relating to street works

3. (1) Works executed under this Order in relation to a highway which consists of or includes a carriageway are to be treated for the purposes of Part 3 of the 1991 Act (street works in England and Wales) as major transport works if-

(a) they are of a description mentioned in any of paragraphs (a), (c) to (e), (g) and (h) of section 86(3) of that Act (which defines what highway authority works are major highway works); or(b) they are works which, had they been executed by the highway authority, might have been carried out in exercise of the powers conferred by section 64( 14) of the 1980 Act (dual carriageways and roundabouts) or section 184 of that Act (vehicle crossings).

(2) In Part 3 of the 1991 Act references, in relation to major highway works, to the highway authority concerned are, in relation to works which are major transport works by virtue of paragraph (1), to be construed as references to LUL.

(3) The following provisions of the 1991 Act do not apply in relation to any works executed under the powers conferred by this Order-

section 56 (directions as to timing);

section 56A (power to give directions as to placing of apparatus);

section 58 (restrictions following substantial road works);

section 58A (restriction on works following substantial street works);

section 73A (power to require undertaker to re-surface street);

section 73B (power to specify timing etc. of re-surfacing);

section 73C (materials, workmanship and standard of re-surfacing);

section 78A (contributions to costs of re-surfacing by undertaker); and

Schedule 3A (restriction on works following substantial street works).

(4) The provisions of the 1991 Act mentioned in paragraph (5) which, together with other provisions of that Act, apply in relation to the execution of street works and any regulations made, or code of practice issued or approved under, those provisions apply (with the necessary modifications) in relation to any stopping up, alteration or diversion of a street of a temporary nature by LUL under the powers conferred by article 10 (temporary stopping up and diversion of streets) whether or not the stopping up, alteration or diversion constitutes street works within the meaning of that Act.

(5) The provisions of the 1991Act( 15) referred to in paragraph (4) are-

section 54( 16) (advance notice of certain works) subject to paragraph (6);

section 55( 17) (notice of starting date of works) subject to paragraph (6);

section 57( 18) (notice of emergency works);

section 59( 19) (general duty of street authority to co-ordinate works);

section 60 (general duty of undertakers to co-operate);

section 68 (facilities to be afforded to street authority);

section 69 (works likely to affect other apparatus in the street);

section 76 (liability for cost of temporary traffic regulation);

section 77 (liability for cost of use of alternative route), and

all such other provisions as apply for the purposes of the provisions mentioned above.

(6) Sections 54 and 55 of the 1991 Act as applied by paragraph (4) have effect as if references in section 57 of that Act to emergency works were references to a stopping up, alteration or diversion (as the case may be) required in a case of emergency.

PART 2

WORKS PROVISIONS

Principal powers

Power to construct and maintain works

4. (1) LUL may construct and maintain the scheduled works.

(2) Subject to article 5 (power to deviate), the scheduled works may only be constructed in the lines or situations shown on the deposited plans and in...

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