The Network Rail (Felixstowe Branch Line Improvements – Level Crossings Closure) Order 2018
| Jurisdiction | UK Non-devolved |
| Citation | SI 2018/937 |
2018 No. 937
Transport And Works, England
Transport, England
The Network Rail (Felixstowe Branch Line Improvements – Level Crossings Closure) Order 2018
Made 5th September 2018
Coming into force 26th September 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The Secretary of State, having considered the objections made and not withdrawn, and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with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 20th August 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 makes the following Order—
PART 1
PRELIMINARY
Citation and commencement
1. This Order may be cited as the Network Rail (Felixstowe Branch Line Improvements – Level Crossings Closure) Order 2018 and comes into force on 26th September 2018.
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 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 work and any other works authorised by this 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;
“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;
“definitive map and statement” has the meaning given by section 53(1) (duty to keep definitive map and statement under continuous review) of the Wildlife and Countryside Act 19819;
“the deposited plans” means the plans entitled “Works and Land and Public Rights of Way Plans” 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 work shown on the deposited plans;
“the limits of land to be acquired or used” means the limits of land to be acquired or used 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 any additional limits of land to be acquired or used;
“owner”, in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 198110;
“restricted byway” has the meaning given by section 48(4) of the Countryside and Rights of Way Act 200011;
“the scheduled work” means the work specified in Schedule 1 (scheduled work) to this Order or any part of it;
“the sections” means the sections certified by the Secretary of State as the sections for the purposes of this Order;
“street” has the meaning given in section 48 (streets, street works and undertakers) of the 1991 Act;
“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;
“the tribunal” means the Lands Chamber of the Upper Tribunal; and
“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) References in this Order to points identified by letters and numbers are to be construed as references to the points so shown on the deposited plans; and references to a sheet identified by a number is a reference to the sheet of that number contained in the deposited plans.
(4) All distances, directions, lengths and points stated in the description of the scheduled work or in any description of powers or lands are approximate, and the distance between the points on the scheduled work are taken to be measured along the scheduled work.
(5) References in this Order to Work No. 1 is a reference to the scheduled work as numbered in Schedule 1.
PART 2
WORKS PROVISIONS
Principal powers
Power to construct and maintain works
3.—(1) Network Rail may construct and maintain the scheduled work.
(2) Subject to article 4 (power to deviate), the scheduled work 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 (6), Network Rail may carry out and maintain within the Order limits such works as are required—
(a)
(a) to provide the footpaths and bridleways specified in column (4) of Part 1 of Schedule 3 (level crossings and highways to be stopped up);
(b)
(b) in connection with the extinguishment of the rights of way specified in column (3) of Parts 1 and 2 of Schedule 3; and
(c)
(c) in connection with the upgrading of the footpaths specified in columns (2) and (3) of Schedule 5 (upgrading of certain footpaths to bridleways).
(4) Subject to paragraph (6), Network Rail 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 work and the works mentioned in paragraph (3), namely—
(a)
(a) works to lay out footpaths and bridleways including any surfacing, fencing, stiles, gates, signs, ramps, steps and other means of access;
(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, plant and machinery, apparatus, and other works and conveniences;
(d)
(d) make, provide and maintain all such bridges, mounting blocks, approaches, roadways, walkways, retaining structures and means of access;
(e)
(e) 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 work; and
(h)
(h) works for the benefit or protection of land or premises affected by the scheduled work.
(5) Subject to paragraph (6), Network Rail 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 work and works described in paragraphs (3) and (4), other than works that would interfere with a navigable watercourse.
(6) Paragraphs (3) to (5) 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 relation to that land in column (3) of that Schedule.
Power to deviate
4. In constructing or maintaining the scheduled work, Network Rail 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 to any extent not exceeding 0.5 metres upwards or downwards.
Streets
Level crossings and highways to be stopped up
5.—(1) Subject to the provisions of this article, the level crossings listed in column (2) of Parts 1 and 2 of Schedule 3 (level crossings and highways to be stopped up) are stopped up and discontinued.
(2) Upon the stopping up and discontinuance of the level crossings referred to in paragraph (1)—
(a)
(a) all rights of way (whether public or private) over those crossings are extinguished; and
(b)
(b) all public rights of way over the highways specified in column (3) of Parts 1 and 2 of Schedule 3 are extinguished to the extent specified by reference to the points identified by letters and numbers.
(3) Paragraph (2)(a) has effect regardless of anything in section 68 (accommodation works by company) of the Railways Clauses Consolidation Act 184512as incorporated in the Felixstowe Railway and Pier Act 187513or any other enactment or instrument.
(4) Upon the stopping up and discontinuance of Grimston Lane Level Crossing, section 15(5)(b) (further works and powers) of the British Transport Commission Act 195914ceases to have effect.
(5) Upon the stopping up and discontinuance of Keeper’s Lane Level Crossing, the Railtrack Keeper’s Lane Level Crossing Order...
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