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Stirling-Alloa-Kincardine Railway and Linked Improvements Act 2004

Status:

This is the original version (as it was originally enacted).

SCHEDULE 1Railway works

(introduced by section 2)

In the local government areas of Stirling, Clackmannanshire and Fife—

  • Work No. 1—A railway (17,835 metres in length), at a point commencing by a junction with the existing railway between Stirling and the Forth Viaduct 5 metres south-west of Lovers' Walk, passing north-eastwards along the course of the railway and former railway between Stirling and Kincardine and terminating by a junction with the existing railway from Kincardine to Longannet, at a point 14 metres south of the bridge carrying Hawkhill Road over the railway. Work No. 1 includes the strengthening of the eastern viaduct carrying the intended railway over the river Forth; the raising of the deck of Erskine Street bridge and alterations in the levels of the bridge approaches; the reconstruction of Helensfield bridge carrying the intended railway over the A907 Clackmannan Road; and the reconstruction of the bridge carrying the intended railway over Black Devon Burn 205 metres north-west of the bridge carrying Mill Road over the intended railway.

In the local government area of Stirling—

  • Work No. 1A—A road forming an access to land, together with a new access to Waterside Cottage, commencing at a point on Ladysneuk Road 50 metres south of Waterside level crossing and terminating at a point 33 metres west of its commencement.

  • Work No. 1B—A road, commencing at a point on Ladysneuk Road 225 metres south-west of Abbeycraig level crossing and terminating by a junction with Grange Road, Stirling at a point 35 metres south of that level crossing.

In the local government area of Clackmannanshire—

  • Work No. 1C—A footbridge over Work No. 1 between the A907 Stirling Road and Grange Road, Alloa.

  • Work No. ID—A road forming a new access to No. 25 Stirling Road, Alloa commencing at a point on Stirling Road 37 metres east of its junction with Grange Road, Alloa and terminating at a point 28 metres south-east of its commencement.

  • Work No. 1E—A railway (487 metres in length), comprising a siding at the intended Alloa Station, commencing by a junction with Work No. 1 at chainage 9,813 metres, passing eastwards and terminating at a point 110 metres west of the bridge carrying Work No. 1 over Whins Road.

  • Work No. 1F—A road forming an access to the intended Alloa Station to the north and an access to premises to the south, commencing at a point 117 metres south-east of the junction of Erskine Street and Izatt Street and terminating at a point 115 metres south of its commencement.

  • Work No. 1G—A footbridge over Work No. 1 adjacent to Hilton Road, Alloa.

SCHEDULE 2Major road works

(introduced by section 3)

In the local government area of Clackmannanshire—

  • Work No. 2—A road, commencing at a point 230 metres south-west of Hilton Farm level crossing, passing north-westwards over Work No. 1 and terminating by a junction with Whins Road, Alloa at a point 5 metres south-west of the junction of that road and Hilton Road, Alloa. Work No. 2 includes the construction of a bridge over Work No. 1.

  • Work No. 2A—A road, 30 metres in length, commencing by a junction with Hilton Road, Alloa at a point 92 metres south of the junction of Whins Road, Alloa and Hilton Road, Alloa and terminating by a junction with Work No. 2 at a point 30 metres north-east of its commencement.

  • Work No. 2B—A road, 97 metres in length, forming an access to Jellyholme Farm, Alloa between the existing access to the said farm and Work No. 2.

  • Work No. 2C—A road, 197 metres in length, forming an access to Hilton Farm, Alloa between the existing access to the said farm and Work No. 2.

  • Work No. 2D—A realignment of the A907 Clackmannan Road, commencing at a point 65 metres north-east of the junction of the said A907 and Hiltonhawk Road, Alloa and terminating at a point on the A907 150 metres east of Hilton Farm, Alloa level crossing.

SCHEDULE 3Ancillary works

(introduced by section 4)

1Station buildings, platforms, junctions and stopping places.

2Bridges, subways, stairs, lifts, escalators, roundabouts and means of access.

3Junctions and communications with, and widening of, any road, path or way.

4Works for the provision of apparatus, plant or machinery and for the accommodation of such works, including mains, sewers, pipes, drains, cables, lights, conduits and culverts.

5Works for the strengthening, underpinning, protection, alteration or demolition of any building or structure.

6Works or operations to stabilise the condition of any land or for the purposes of flood prevention or coast protection, including works for the protection of the existing railway between Kincardine and Longannet.

7Works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses.

8Works to alter the position of any existing apparatus or any existing street furniture, including the alteration of the position of existing works of the sort described in paragraph 4 above.

9Without prejudice to the generality of paragraph 8 above, works to alter the position of any railway track or other railway apparatus.

10Landscaping, ecological and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised works.

11Works for the benefit or protection of premises affected by the authorised works.

12The removal by the authorised undertaker of any works constructed by it pursuant to this Act which have been constructed as temporary works or which it no longer requires.

13Such other works (of whatever nature) as may be necessary or expedient for the purposes of, in connection with, or in consequence of, the construction of the authorised works.

SCHEDULE 4Level crossings

(introduced by section 8)

Part 1Continuing level crossings

Local government areaSheet of Parliamentary plansRoadLocation
(1)(2)(3)(4)
StirlingSheet 4Ladysneuk RoadWaterside level crossing
ClackmannanshireSheet 9Gogar LoanBlackgrange level crossing, West Gogar
ClackmannanshireSheet 12Station RoadCambus level crossing, Cambus

Part 2Level crossings to be stopped up and discontinued

Local government areaSheet of Parliamentary plansRoadLocation
(1)(2)(3)(4)
StirlingSheet 5Grange RoadAbbeycraig level crossing, Abbey Craig
ClackmannanshireSheet 11Unnamed path between the A907 Stirling Road and New Mills (possible right of way)New Mills level crossing, New Mills
ClackmannanshireSheet 15Grange Road, AlloaGrange Road level crossing, Alloa
ClackmannanshireSheet 18Hilton Road, AlloaHilton Road level crossing, Alloa

Part 3Enactments disapplied

Highway (Railway Crossings) Act 1839 (c. 45).

Section 9 of the Railway Regulation Act 1842 (c. 55).

Section 40 of the 1845 Act.

Section 6 of the Railway Clauses Act 1863 (c. 92).

Any Order made before this Act comes into force under section 42 of the Road and Rail Traffic Act 1933 (c. 53), section 66 of the British Transport Commission Act 1957 (c.xxxiii) or section 1 of the Level Crossings Act 1983 (c. 16).

Any provision of the existing enactments relating to any of the level crossings described in Part 1 or Part 2 of this schedule.

SCHEDULE 5Private crossings

(introduced by section 9)

Part 1Continuing private crossings

Local government areaSheet of Parliamentary plansRoad
(1)(2)(3)
StirlingSheet 7Manor Neuk crossing, serving Manorneuk Farm, Stirling
StirlingSheet 7Manor Powis crossing, serving land at Manor Powis, Stirling
FifeSheet 30Station Road, Kincardine

Part 2Private crossings to be stopped up and discontinued

Local government areaSheet of Parliamentary plansLocation
(1)(2)(3)
StirlingSheet 4Causewayhead level crossing, Causewayhead, Stirling
ClackmannanshireSheet 18Balfour Street level crossing, Alloa
ClackmannanshireSheet 20Hilton Farm, Alloa

SCHEDULE 6Roads to be permanently stopped up

(introduced by section 10)

Local government areaSheet of Parliamentary plansRoad to be stopped upExtent of stopping up
(1)(2)(3)(4)
StirlingSheet 5Grange Road (Abbeycraig level crossing)Between points A and B
StirlingSheet 6Possible right of way between the A907 Alloa Road and the A91 Stirling Eastern Ring Road at Grangehall, StirlingBetween points A and B
ClackmannanshireSheet 11Possible right of way between the A907 Stirling Road and New Mills (New Mills level crossing)Between points A and B
ClackmannanshireSheet 15Grange Road (Grange Road level crossing)Between points A and B
ClackmannanshireSheet 17Possible right of way along path known as Devon WayBetween points B and C
ClackmannanshireSheet 18Hilton Road (Hilton Road level crossing)Between points A and B
ClackmannanshireSheets 18 and 20A907 Clackmannan RoadBetween points C and D
ClackmannanshireSheet 19Hilton RoadBetween points A and B

SCHEDULE 7Acquisition of land, etc. outside limits of deviation

(introduced by sections 13 and 15)

Part 1Acquisition of land

LocationSheet of Parliamentary plansNumber of land shown on plansPurposes for which land to be acquired
(1)(2)(3)(4)
Ladysneuk Road, StirlingSheet 4068Installation of signalling equipment and access.
Abbeycraig level crossing, StirlingSheet 5073 to 075Road improvements and landscaping.
Blackgrange level crossing, Clackmannan-shireSheet 9137Installation of signalling equipment and relocation of utility apparatus.
Station Road level crossing, Cambus, ClackmannanshireSheet 12167Installation of signalling equipment and compound.
Station Road level crossing, Cambus, ClackmannanshireSheet 12170Installation of level crossing equipment.
Alloa New Marshalling Yard, ClackmannanshireSheet 14178Installation of signalling equipment.
Alloa Sports Centre, ClackmannanshireSheet 16207Installation of signalling equipment and compound.
Former Alloa Brewery site, ClackmannanshireSheet 17225Station and car park.
Land off Argyll Street, Alloa, ClackmannanshireSheet 17226Pedestrian access to intended station.
Hilton Road, Alloa, ClackmannanshireSheet 18246 and 247Provision of a turning head for vehicles.
Petrol station, Alloa, ClackmannanshireSheet 18261 and 262Vehicular access to premises.
Station Road level crossing, Kincardine, FifeSheet 30417Installation and maintenance of level crossing equipment.

Part 2Acquisition of rights only

LocationSheet of Parliamentary plansNumber of land shown on plansPurposes for which rights may be acquired
(1)(2)(3)(4)
River Forth and eastern Viaduct, StirlingSheet 2024 to 026 and 028 to 030Scour protection and maintenance.
Bridgehaugh Rugby Football Ground, StirlingSheets 2 and 3048 to 050Access for construction and thereafter for maintenance.
River Forth, north bank at Causewayhead, StirlingSheets 3 and 4057 and 059Bank protection.
Private road off Causewayhead Road, StirlingSheet 4060Access for construction and thereafter for maintenance.
Logie Burn, access off Alloa Road, StirlingSheet 6083 and 084Access for construction and thereafter for maintenance.
Grangehall, StirlingSheet 6092 to 094Access for construction and thereafter for maintenance.
Manor Neuk level crossing, StirlingSheet 7111Access for construction and thereafter for maintenance.
Manor Powis level crossing, StirlingSheet 7112 to 114 and 119Access for construction and thereafter for maintenance.
Between Manor Powis level crossing and Black Grange level crossing, ClackmannanshireSheets 7, 8 and 9120, 121, 123, 124, 128 to 132, 136 and 137Relocation of utility apparatus.
Gogar Loan, ClackmannanshireSheet 9131Access for construction and thereafter for maintenance.
Cambus Viaduct and New Mills level crossing, ClackmannanshireSheet 11144, 148 to 150, 152 to 154, 157 to 160 and 165Access for construction and thereafter for maintenance.
Station Road level crossing, Cambus, ClackmannanshireSheet 12168 and 173Installation and maintenance of CCTV equipment and lighting.
The Pavilions, Alloa, ClackmannanshireSheet 14179 and 180Access for construction and thereafter for maintenance.
Alloa Sports Centre, ClackmannanshireSheet 16209Access for construction and thereafter for maintenance.
Sunnyside Court, Alloa, ClackmannanshireSheet 17215Access for construction.

Helensfield

Clackmannanshire

Sheet 21306bGround stabilisation.
Black Devon river crossing, ClackmannanshireSheet 22309, 319 and 325Access for construction and thereafter for maintenance.
Cattle Market, Alloa Road, Clackmannan,ClackmannanshireSheets 22 and 23329, 330 and 332 to 334Access for construction and thereafter for maintenance.
Kennet, ClackmannanshireSheets 24 and 25343, 344, 346, 347 and 348Installation and maintenance of drainage.
Meadow End, ClackmannanshireSheet 25352 to 354Access for construction and thereafter for maintenance.
Kilbagie, Clackmannan-shireSheets 26 and 27371 and 372Installation and maintenance of drainage.
Kilbagie, Clackmannan-shire/FifeSheets 26 and 27365, 366, 374a and 378 to 380Access for construction and thereafter for maintenance.
Kilbagie, Clackmannan-shireSheet 27374bGround stabilisation.
Broomknowe, FifeSheets 27 and 28385, 386 and 388Access for construction and thereafter for maintenance.
Tulliallan Bridge, FifeSheets 28 and 29390Access for construction.
Station Road level crossing, Kincardine, FifeSheet 30

413

414 to 417

Access to level crossing.

Installation and maintenance of level crossing equipment.

North Approach Road to Longannet Power Station, FifeSheets 30, 31, 32, 33 and 34

422 and 425 to 427

424

Access and drainage.

Access and level crossing works.

North shore of the Firth of Forth, Kincardine, FifeSheets 30, 31 and 32423Coast protection works and drainage.

SCHEDULE 8Land of which temporary possession may be taken

(introduced by section 17)

LocationSheet of Parliamentary plansNumber of land shown on plansPurposes for which temporary possession may be takenAuthorised work
(1)(2)(3)(4)(5)
Stirling Station, StirlingSheet 1001Access for constructionAncillary works at Stirling Station.
Forth Street adjacent to Forth Viaduct, StirlingSheet 2007, 011 and 012Construction compound and accessWork No. 1(railway).
Lover’s Walk, StirlingSheet 2015 and 017 to 019Access for constructionWork No. 1(railway).
River Forth and banks, StirlingSheet 2020 to 023, 027, 031 to 033, 043 and 046Working spaceWork No. 1(railway).
Bridgehaugh Rugby Football Ground, StirlingSheets 2 and 3053 and 057Construction compounds and accessWork No. 1(railway).
Causewayhead Road, StirlingSheet 3055 and 056Working space and accessWork No. 1(railway).
Abbeycraig level crossing, StirlingSheet 5077 and 079Construction compound and working spaceWorks Nos. 1 (railway) and 1B (road).
Logie Burn, StirlingSheets 5 and 6085, 087, 088 and 091Working space and accessWork No. 1(railway).
Grangehall, StirlingSheet 6094 to 096, 098, 099 and 101Working space and accessWork No. 1(railway).
Manor Neuk level crossing, StirlingSheet 7108Working spaceWork No. 1(railway).
Manor Powis level crossing, StirlingSheet 7120Construction compoundWork No. 1(railway).
Black Grange level crossing, ClackmannanshireSheet 9136Construction compoundWork No. 1(railway).
Cambus Viaduct and New Mills level crossing, ClackmannanshireSheet 11144, 148 to 150 and 152Construction compound and working spaceWork No. 1(railway).
Station Road level crossing, Cambus,ClackmannanshireSheet 12166Construction compoundWork No. 1(railway).
Alloa New Marshalling Yard, ClackmannanshireSheets 12, 13 and 14177Construction compound and working spaceWork No. 1(railway).
Grange Road and Dirleton Gardens, Alloa, Clackman-nanshireSheet 15195 and 197Working spaceWork No. 1C(footbridge).
Alloa Sports Centre, ClackmannanshireSheets 16 and 17210Construction compound, working space and access for constructionWorks Nos. 1 and 1E (railway).
Erskine Street, Alloa, Clackman-nanshireSheet 17212 and 216Construction compound, working space and accessWorks Nos. 1 (railway) and 1E(railway).
Whins Road, Alloa ClackmannanshireSheet 17230, 231, 233, 234 and 236Construction compound, working space and accessWork No. 1(railway).
Recreation Park, Football Ground Car Park, Alloa, ClackmannanshireSheets 18 and 20243, 251, 255, 256 and 258 to 260.Construction compound and working space and accessWorks Nos. 1 (railway) and 1G (footbridge).
Development site adjacent to playing fields, Hilton Road, Alloa, Clackman-nanshireSheet 19277 and 278Construction compound and working spaceWork No. 2 (road).
Hilton Farm, Alloa, ClackmannanshireSheet 20287 to 289, 293 and 297Construction compound, working space and accessWorks Nos.1 (railway), 2 (road), 2B (road), 2C (road) and 2D (road).
Helensfield, Clack-mannanshireSheet 21300 to 303Construction compound and working spaceWork No. 1(railway).
Black Devon river crossing, ClackmannanshireSheet 22310 to 314, 318, 320, 322 and 324Construction compounds, working space and accessWork No. 1(railway).
Cattle Market off Alloa Road, Clack-mannan, ClackmannanshireSheets 22 and 23329, 330 and 332 to 334Construction compound, working space and accessWork No. 1(railway).
Kennet, Clackman-nanshireSheet 24341 and 342Access for constructionWork No. 1(railway).
Kennet, Clackman-nanshireSheet 24344 and 345Construction compound and accessWork No. 1(railway).
Meadowend, ClackmannanshireSheets 25 and 26355, 360 and 362Construction compound, working space and access for constructionWork No. 1(railway).
Kilbagie, Clack-mannanshire / FifeSheet 26368 and 369Working space and access for constructionWork No. 1(railway).
Kilbagie, Clack-mannanshire / FifeSheet 27373 and 375Construction compoundsWork No. 1(railway).
Broomknowe, FifeSheets 27 and 28379, 381, 387 and 388Construction compounds and working spaceWork No. 1(railway).
Tulliallan Bridge, FifeSheet 28391Construction compoundWork No. 1(railway).
Kincardine Power Station, FifeSheet 29399 to 401Access for construction and thereafter for maintenanceWork No. 1(railway).
Kincardine Power Station, FifeSheet 29402Construction compoundWork No. 1(railway).

SCHEDULE 9Statutory undertakers, etc.

(introduced by section 29)

1Subject to the provisions of this schedule, sections 224 to 227 of the 1997 Act (power to extinguish rights of statutory undertakers, etc. and power of statutory undertakers, etc. to remove or re-site apparatus) shall apply in relation to any land which has been acquired under this Act, or which is held by the authorised undertaker and is appropriated or used (or about to be used) by it for the purposes of this Act or for purposes connected with this Act.

2All such other provisions of the 1997 Act as apply for the purposes of the provisions applied by paragraph 1 above (including sections 228 to 231, which contain provisions consequential on the extinguishment of any rights under sections 224 and 225, and sections 232(2) to (4), 233 and 235 which provide for the payment of compensation) shall have effect accordingly.

3In the provisions of the 1997 Act, as applied by paragraphs 1 and 2 above—

(a)references to the purpose of carrying out any development with a view to which land was acquired or appropriated are references to the purpose of carrying out the authorised works; and

(b)references to land acquired or appropriated as mentioned in section 224(1) of the 1997 Act are references to land acquired, appropriated or used as mentioned in paragraph 1 above.

4Where any apparatus of a utility undertaker or of an operator of an electronic communications code network is removed in pursuance of a notice or order given or made under section 224, 225 or 226 of the 1997 Act, as applied by paragraph 1 above, any person who is the owner or occupier of premises to which a supply was given from that apparatus shall be entitled to recover from the authorised undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.

5Paragraph 4 above shall not apply in the case of the removal of a public sewer, but where such a sewer is removed in pursuance of such a notice or order as is mentioned in that paragraph, any person who is—

(a)the owner or occupier of premises the drains of which communicated with that sewer; or

(b)the owner of a private sewer which communicated with that sewer,

shall be entitled to recover from the authorised undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the person’s drain or sewer communicate with any other public sewer or with a private sewage disposal plant.

6The provisions of the 1997 Act mentioned in paragraphs 1 and 2 above, as applied by those paragraphs, shall not have effect in relation to apparatus as respects which Part IV of the 1991 Act applies.

7In this schedule—

  • “public gas transporter” has the meaning given by section 7(1) of the Gas Act 1986 (c. 44);

  • “electronic communications code network” means an electronic communications network within the meaning of the Communications Act 2003 (c. 21) to which the electronic communications code applies;

  • “electronic communications code” means the code set out in schedule 2 to the Telecommunications Act 1984 (c. 12); and

  • “utility undertaker” means a person who is—

    (a)

    authorised by any enactment to carry on an undertaking for the supply of water;

    (b)

    a public gas transporter; or

    (c)

    the holder of a licence under section 6 of the Electricity Act 1989 (c. 29),

    and who is, or is deemed to be, a statutory undertaker within the meaning of section 214 of the 1997 Act.

SCHEDULE 10Listed buildings and conservation areas

(introduced by section 32)

1(1)Subject to sub-paragraph (2) below, if a listed building was such a building immediately before 1st December 2002 and is specified in columns (1), (2) and (3) of the following table—

(a)section 6 of the Listed Buildings Act (restriction on works affecting listed buildings) shall not apply to works carried out in relation to the building in exercise of the powers conferred by Part 1 of this Act;

(b)to the extent that a notice issued in relation to the building under section 34(1) of that Act (enforcement) requires the taking of steps which would be rendered ineffective, or substantially ineffective, by works proposed to be carried out in exercise of the powers conferred by this Part of this Act, it shall not have effect or, as the case may be, shall cease to have effect;

(c)no steps may be taken in relation to the building under section 38(1) of that Act (execution of works specified in notice under section 34(1)) which would be rendered ineffective, or substantially ineffective, by such works as are mentioned in paragraph (b) above; and

(d)no works may be executed for the preservation of the building under section 49 of that Act (urgent works to preserve unoccupied listed buildings) which would be rendered ineffective, or substantially ineffective, by such works as are mentioned in paragraph (b) above.

(2)In the case of any building specified in columns (1), (2) and (3) of the following table in relation to which any description of works is specified in column (4) of that table, sub-paragraph (1) above shall have effect as if the references to works carried out in exercise of the powers conferred by Part 1 of this Act were, so far as concerns works of demolition or alteration (as opposed to extension), to works so carried out which are of a description specified in relation to it in that column.

(3)Paragraphs (a) to (d) of sub-paragraph (1) above shall also apply in relation to a listed building which was not such a building immediately before 1st December 2002.

(4)If a building included in a conservation area and not a listed building—

(a)was not included in a conservation area immediately before 1st December 2002; or

(b)was included in such an area immediately before that date and is specified in columns (1), (2) and (3) of the following table,

section 66 of the Listed Buildings Act (control of demolition in conservation areas) shall not apply to the demolition of the building in exercise of the powers conferred by Part 1 of this Act.

(5)Anything which, by virtue of section 1(4) of the Listed Buildings Act (objects or structures fixed to, or within the curtilage of, a building), is treated as part of a building for the purposes of that Act shall be treated as part of the building for the purposes of this paragraph.

TABLE

Buildings authorised to be demolished or altered

Local government areaSheet of Parliamentary plansBuildings authorised to be demolished or alteredLimit of authorised demolition or alteration
(1)(2)(3)(4)
StirlingSheet 1Signals SM47 and SM26Removal of signals and supporting structures.
StirlingSheet 1Signals SN11 and SN18Removal of signals and supporting structures.
StirlingSheet 1Stirling Middle Signal BoxProvision of cable route access, provision of cable trunking access to operating floor, and internal modifications.
StirlingSheet 1Stirling North Signal BoxProvision of cable route access, provision of cable trunking access to operating floor, internal modifications, strength-ening and improvement works, and alterations to signal box access.

2Section 53 of the Listed Buildings Act (acts causing or likely to result in damage to listed buildings) shall not apply to anything done in exercise of the powers conferred by Part 1 of this Act with respect to works.

3In this schedule—

  • “the Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c. 9); and

  • “building” and “listed building” have the same meanings as in the Listed Buildings Act.

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