The Network Rail (West Coast Main Line) (Stowe Hill) Order 2006
| Jurisdiction | UK Non-devolved |
2006 No. 3471
TRANSPORT AND WORKS, ENGLAND
TRANSPORT, ENGLAND
The Network Rail (West Coast Main Line) (Stowe Hill) Order 2006
Made 22th December 2006
Coming into force 12th January 2007
An application has been made to the Secretary of State, in accordance with the Transport and Works (Applications and Objections Procedure) Rules 19921made under sections 6, 7 and 10 of the Transport and Works Act 19922(“the 1992 Act”), for an Order under sections 1 and 5 of 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The Secretary of State, having considered the objections made and not withdrawn, and the report of the person who held the inquiry, determined to make an Order in respect of some only of the proposals concerned but deferred consideration of certain other proposals comprised in the application (“the deferred proposals”).
The Secretary of State, having considered the objections made and not withdrawn, the report of the person who held the inquiry and the further representations made to him relating to the deferred proposals after that report was made, has determined to make an Order with respect to the deferred proposals with modifications which in his opinion do not make any substantial change in the proposals.
Notice of the Secretary of State’s determination was published in the London Gazette on 21st December 2006.
Accordingly, the Secretary of State, in exercise of the powers conferred by sections 1, 5 and 13(3) of, and paragraphs 3, 4, 7, 8, 11 and 16 of Schedule 1 to, the 1992 Act makes the following Order:—
Preliminary
Citation and commencement
1. This Order may be cited as the Network Rail (West Coast Main Line) (Stowe Hill) Order 2006 and shall come into force on 12th January 2007.
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 2003 Order” means the Network Rail (West Coast Main Line) Order 20035;
“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;
“the land plan” means the plan certified by the Secretary of State as the land plan for the purposes of this Order;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;
“Network Rail” means Network Rail Infrastructure Limited;
“plot 11a” means the land shown by that number on the land plan in the district of Daventry in the county of Northamptonshire and described in the book of reference;
“plot 11b” means the land shown by that number on the land plan in the district of Daventry in the county of Northamptonshire and described in the book of reference;
“the pressure relief shaft” means the pressure relief shaft situated on plot 11a;
“street” includes part of a street;
“street authority”, in relation to a street, has the same meaning as in Part 3 of the Street Works Act;
“the Street Works Act” means the New Roads and Street Works Act 19916; and
“the tribunal” means the Lands Tribunal.
(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 over its surface.
Powers of acquisition
Power to acquire land
3. Network Rail may acquire compulsorily plot 11a for the purposes of using, maintaining or gaining access to the pressure relief shaft and may use the land so acquired for those purposes.
Application of Part 1 of Compulsory Purchase Act 1965
4.—(1) Part 1 of the 1965 Act, in so far as not modified by or inconsistent with the provisions of this Order, shall apply to the acquisition of land under this Order—
(a)
(a) as it applies to a compulsory purchase to which the Acquisition of Land Act 19817applies; and
(b)
(b) as if this Order were a compulsory purchase order under that Act.
(2) Part 1 of the 1965 Act, as so applied, shall have effect as if—
(a)
(a) section 4 (which provides a time limit for compulsory purchase of land) and paragraph 3(3) of Schedule 3 (which makes provision as to the giving of bonds) were omitted; and
(b)
(b) in section 11(1) (which confers power to enter on and to take possession of land subject to a notice to treat on giving not less than 14 days' notice) for the reference to 14 days' notice there were substituted—
(i) in a case where the notice to treat relates only to the acquisition of an easement or other right over the land, a reference to notice of one month; or
(ii) in any other case, a reference to notice of 3 months.
Power to acquire new rights
5.—(1) Network Rail may compulsorily acquire a right of way on foot only over plot 11b for the purpose of gaining access to plot 11a.
(2) Subject to section 8 of the 1965 Act (as substituted by paragraph 5 of Schedule 9 to the 2003 Order, as applied by article 10 (application of provisions of Network Rail (West Coast Main Line) Order 2003)), where Network Rail acquires a right over plot 11b under paragraph (1) it shall not be required to acquire a greater interest in it.
(3) Schedule 9 to the 2003 Order, as applied by article 10, shall have effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over plot 11b by the creation of a new right.
Compensation
Disregard of certain interests and improvements
6.—(1) In assessing the compensation (if any) payable to any person on the acquisition from him of any land under this Order, the tribunal shall not take into account —
(a)
(a) any interest in land, or
(b)
(b) any enhancement of the value of any interest in land by reason of any building erected, works executed or improvement or alteration made on relevant land,
if the tribunal is satisfied that the creation of the interest, the erection of the building, the execution of the works or the making of the improvement or alteration was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.
(2) In paragraph (1) “relevant land” means the land acquired from the person concerned or any other land with which he is,...
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