The Network Rail (Essex and Others Level Crossing Reduction) Order 2022
| Jurisdiction | UK Non-devolved |
| Citation | SI 2022/651 |
| Year | 2022 |
2022 No. 651
Transport And Works, England
Transport, England
The Network Rail (Essex and Others Level Crossing Reduction) Order 2022
Made 9th June 2022
Coming into force 30th June 2022
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The Secretary of State, having considered the objections made and not withdrawn and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with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 16th March 2022.
The Secretary of State, in exercise of the powers conferred by sections 1 and 5 of, and paragraphs 2 to 5, 7, 8, 10, 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 Network Rail (Essex and Others Level Crossing Reduction) Order 2022 and comes into force on 30th June 2022.
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 1980 Act” means the Highways Act 19805;
“the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 19816;
“the 1984 Act” means the Road Traffic Regulation Act 19847;
“the 1990 Act” means the Town and Country Planning Act 19908;
“the 1991 Act” means the New Roads and Street Works Act 19919;
“the 2003 Act” means the Communications Act 200310;
“address” includes any number or address used for the purposes of electronic transmission;
“authorised works” means the works authorised by the Order;
“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;
“building” includes any structure or erection or any part of a building, structure or erection;
“byway open to all traffic” has the same meaning as in section 66(1) (interpretation of Part 3) of the Wildlife and Countryside Act 198111;
“carriageway” has the same meaning as in the 1980 Act;
“cycle track” has the same meaning as in section 329(1)12(further provisions as to interpretation) of the 1980 Act;
“deposited plans” means the plans certified by the Secretary of State as the deposited plans for the purposes of this Order;
“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,
and in this definition “electronic communications network” has the same meaning as in section 32(1)13(meaning of electronic communications and networks and services) of the 2003 Act;
“footpath” and “footway” have the same meaning as in the 1980 Act;
“highway authority” has the same meaning as in the 1980 Act;
“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;
“Network Rail” means Network Rail Infrastructure Limited (company registration number 02904587) whose registered office is at 1 Eversholt Street, London NW1 2DN;
“Order limits” means the limits of deviation and the limits of land to be acquired or used shown on the deposited plans;
“owner”, in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 198114;
“restricted byway” has the same meaning as in the 1980 Act;
“scheduled works” means the works specified in Schedule 1 (scheduled works) or any part of them;
“statutory undertaker” means—
(a) any person who is a statutory undertaker for the purposes of the 1990 Act; and
(b) any public communications provider within the meaning of section 151(1) (interpretation of Chapter 1) of the 2003 Act;
“street” includes part of a street;
“street authority”, in relation to a street, has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act; and
“the tribunal” means the Lands Chamber of the Upper Tribunal.
(2) All distances, directions and lengths referred to in this Order are approximate and are taken to be measured between the points shown on the deposited plans.
(3) References in this Order to points identified by letters and numbers are construed as references to points so shown on the deposited plans.
(4) 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 over its surface.
(5) References in this Order to numbered plots are references to plot numbers as shown on the deposited plans.
Application of the 1991 Act
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 (street works in England and Wales) of the 1991 Act as major transport works if—
(a)
(a) they are of a description mentioned in any of paragraphs (a), (c) to (e), (g) and (h) of section 86(3) (which defines what highway authority works are major highway works) of that Act; or
(b)
(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 6415(dual carriageways and roundabouts) of the 1980 Act.
(2) The provisions of the 1991 Act mentioned in paragraph (3) (which, together with other provisions of that Act, apply in relation to the carrying out 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 Network Rail under the powers conferred by article 9 (temporary stopping up of streets) and the carrying out of works under article 8 (power to execute street works) whether or not the stopping up, alteration or diversion, or the carrying out of such works, constitutes street works within the meaning of that Act.
(3) The provisions of the 1991 Act16referred to in paragraph (2) are—
section 5917(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.
(4) Nothing in article 10 (construction and maintenance of new or altered streets)—
(a)
(a) prejudices the operation of section 87 (prospectively maintainable highways) of the 1991 Act; and Network Rail is not, by reason of any duty under that article to maintain a street, to be taken to be a street authority in relation to that street for the purposes of Part 3 of that Act; or
(b)
(b) has effect in relation to street works with regard to which the provisions of Part 3 of the 1991 Act apply.
Disapplication of legislative provisions
4.—(1) The following provisions do not apply in relation to any works executed under the powers conferred by this Order—
(a)
(a) regulation 12(1)(a) (requirement for environmental permit) of the Environmental Permitting (England and Wales) Regulations 201618in relation to the carrying out of a relevant flood risk activity;
(b)
(b) section 23 (prohibition on obstacles etc. in watercourses) of the Land Drainage Act 199119;
(c)
(c) the provisions of any byelaws made under, or having effect as if made under, section 6620(powers to make byelaws) of the Land Drainage Act 1991, which require consent or approval for the carrying out of the works; and
(d)
(d) the Neighbourhood Planning Act 201721in so far as it relates to temporary occupation of land under articles 21 (temporary use of land for construction of works) and 22 (temporary use of land for maintenance of works).
(2) On completion of the relevant authorised works—
(a)
(a) section 10 of the London, Tilbury and Southend Extension Railway Act 185222is disapplied as it relates to level crossings at—
(i) Ferry in the Borough of Castle Point, County of Essex;
(ii) No. 131 in Thurrock; and
(iii) Howells Farm in Thurrock; and
(b)
(b) the Railtrack Long Green Level Crossing Order 1997; and
(c)
(c) the Network Rail Johnsons Level Crossing Order 2003,
are revoked.
PART 2
CROSSINGS
Power to construct and maintain works
5.—(1) Network Rail may construct and maintain the scheduled works.
(2) Subject to article 6 (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 deposited sections.
(3) Subject to paragraph (5), Network Rail may construct and maintain within the Order limits such works as are required—
(a)
(a) to provide the public rights of way to the extent specified in column (4) of Part 1 of Schedule 2 (closure of level crossings);
(b)
(b) in connection with the extinguishment of the rights of way specified in column (3) in Parts 1 and 2 of Schedule 2;
(c)
(c) to provide the private rights...
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