The Network Rail (Ferryboat Lane Footbridge Reconstruction) (Land Acquisition) Order 2021
| Jurisdiction | UK Non-devolved |
| Citation | SI 2021/299 |
| Year | 2021 |
2021 No. 299
Transport And Works, England
Transport, England
The Network Rail (Ferryboat Lane Footbridge Reconstruction) (Land Acquisition) Order 2021
Made 11th March 2021
Coming into force 1st April 2021
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”).
Objections to that application have been withdrawn.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 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 9th March 2021.
The Secretary of State, in exercise of the powers conferred by sections 1 and 5 of, and paragraphs 3, 4, 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 Network Rail (Ferryboat Lane Footbridge Reconstruction) (Land Acquisition) Order 2021 and comes into force on 1st April 2021.
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 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 19815;
“the 1990 Act” means the Town and Country Planning Act 19906;
“the 1991 Act” means the New Roads and Street Works Act 19917;
“address” includes any number or address used for the purposes of electronic transmission;
“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;
“deposited plan” means the plan certified by the Secretary of State as the deposited plan for the purposes of this Order;
“development” means the development authorised by a grant of planning permission under the 1990 Act, with the reference number 17/02551/FUL dated 6th April 2018 from Doncaster Metropolitan Borough Council, comprising the demolition of an existing footbridge and construction of a new footbridge, and any variation or replacement of that planning permission;
“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) (meaning of electronic communications networks and services) of the Communications Act 20038;
“Network Rail” means Network Rail Infrastructure Limited (company number 02904587), whose registered office is at 1 Eversholt Street, London, NW1 2DN;
“owner”, in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 19819;
“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 Electronic Communications Act 2003; and
“the tribunal” means the Lands Chamber of the Upper Tribunal.
PART 2
ACQUISITION AND POSSESSION OF LAND
Powers of acquisition
Power to acquire land
3. Network Rail may acquire compulsorily so much of the land shown numbered 3 and 5 on the deposited plan and described in the book of reference as may be required for the purposes of the development and may use any land so acquired for those purposes, or for any other purposes that are ancillary to its railway undertaking as existing from time to time.
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)
(a) as it applies to a compulsory purchase to which the Acquisition of Land Act 198110applies; and
(b)
(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 with the following modifications.
(3) Omit section 411(time limit for giving notice to treat).
(4) In section 4A(1)12(extension of time limit during challenge), for “section 23 of the Acquisition of Land Act 1981 (application to the High Court in respect of compulsory purchase order), the three year period mentioned in section 4”, substitute “section 22 of the Transport and Works Act 1992 (validity of orders under section 1 or 3), the five year period mentioned in article 10 (time limit for exercise of powers of acquisition) of the Network Rail (Ferryboat Lane Footbridge Reconstruction) (Land Acquisition) Order 2021”.
(5) In section 11A13(powers of entry: further notices of entry)—
(a)
(a) in subsection (1)(a), after “land” insert “under that provision”; and
(b)
(b) in subsection (2), after “land” insert “under that provision”.
(6) In section 22(2) (expiry of time limit for exercise of compulsory purchase power not to affect acquisition of interests omitted from purchase), for “section 4 of this Act” substitute “article 10 (time limit for exercise of powers of acquisition) of the Network Rail (Ferryboat Lane Footbridge Reconstruction) (Land Acquisition) Order 2021”.
(7) In Schedule 2A14(counter-notice requiring purchase of land not in notice to treat)—
(a)
(a) omit paragraphs 1(2) and 14(2); and
(b)
(b) after paragraph 29, insert—
“PART 4
INTERPRETATION
30. In this Schedule, references to entering on and taking possession of land do not include doing so under article 6 (temporary use of land in connection with the development) of the Network Rail (Ferryboat Lane Footbridge Reconstruction) (Land Acquisition) Order 2021.”.
Application of the 1981 Act
5.—(1) The 1981 Act applies as if this Order were a compulsory purchase order.
(2) The 1981 Act, as applied by paragraph (1), has effect with the following modifications.
(3) In section 515(earliest date for execution of declaration), in subsection (2), omit the words from “, and this subsection” to the end.
(4) Omit section 5A16(time limit for general vesting declaration).
(5) In section 5B17(extension of time limit during challenge), for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the three year period mentioned in section 5A” substitute “section 22 of the Transport and Works Act 1992 (validity of orders under section 1 or 3), the five year period mentioned in article 10 (time limit for exercise of powers of acquisition) of the Network Rail (Ferryboat Lane Footbridge Reconstruction) (Land Acquisition) Order 2021”.
(6) In section 618(notices after execution of declaration), for “section 15 of, or paragraph 6 of Schedule 1 to, the Acquisition of Land Act 1981” substitute “section 14A of the Transport and Works Act 1992”.
(7) In section 719(constructive notice to treat), in subsection (1)(a), omit “(as modified by section 4 of the Acquisition of Land Act 1981)”.
(8) In Schedule A120(counter-notice requiring purchase of land not in general vesting declaration), omit paragraph 1(2).
(9) 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) by article 4 (application of Part 1 of the 1965 Act).
Temporary possession or use of land
Temporary use of land in connection with the development
6.—(1) Subject to the provisions of article 11 (statutory undertakers, etc.), Network Rail may, in connection with the development, enter upon and take temporary possession of the land specified in columns (1) and (2) of Schedule 1 (land of which temporary possession may be taken) for the purposes described in column (3) of that Schedule.
(2) Not less than 14 days before entering upon and taking temporary possession of land under this article, Network Rail must serve notice of the intended entry on the owners and occupiers of the land.
(3) Network Rail 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 works for the purposes of which temporary possession of that land was taken.
(4) Before giving up possession of land of which temporary possession has been taken under this article, Network Rail must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but Network Rail is not required to replace a building removed in connection with the implementation of the development or remove any part of the new public right of way provided in connection with the development.
(5) Network Rail must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.
(6) Any dispute as to a person’s entitlement to compensation under paragraph (5), or as to the amount of compensation, is to be determined under Part 1 of the 1961 Act.
(7) Without affecting article 14 (no double recovery), nothing in this article affects any liability to pay compensation under section 10(2)21(further provision as to compensation for injurious affection) of the 1965 Act or under any other enactment in respect of loss or damage arising from the execution of any...
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