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Waverley Railway (Scotland) Act 2006

Status:

This is the original version (as it was originally enacted).

SCHEDULE 1Railway works

(introduced by section 2)

In the local government areas of Midlothian and Scottish Borders a railway from the Millerhill Marshalling Yard in Midlothian to Tweedbank in Scottish Borders substantially following the route of the former Waverley railway, including stations at Shawfair, Eskbank, Newtongrange, Gorebridge, Stow, Galashiels and Tweedbank, and comprising—

In the local government area of Midlothian—

Railway between the Millerhill Marshalling Yard and Old Dalkeith Road—

  • Work No. 1—A railway (3,600 metres in length) commencing by joining the Niddrie North Junction-Bilston Glen line (Edinburgh CrossailRail to Newcraighall) at a point in the Millerhill Marshalling Yard 7 metres south-west of the south-western corner of the bridge carrying Whitehall Road over the northern rail entrance to the Millerhill Marshalling Yard and terminating at a point 50 metres north of the bridge carrying Old Dalkeith Road (A68) over the Penicuik-Musselburgh Foot & Cycleway. Work No. 1 includes a bridge under the City of Edinburgh Bypass (A720) and a culvert to carry Dean Burn under the intended railway. Work No. 1 includes a station at Shawfair.

  • Work No. 1A—A bridge over the intended railway (Work No. 1) to provide access for the proposed Shawfair development.

  • Work No. 1B—An access road commencing by a junction with Work No. 1C at a point 117 metres south-west of the entrance to the CPL Distribution Depot on the unnamed road forming the western continuation of Newton Church Road and terminating at that entrance.

  • Work No. 1C—A realignment of the unnamed road forming the western continuation of Newton Church Road and of Newton Church Road commencing at a point in that unnamed road 190 metres south-west of the entrance to the CPL Distribution Depot on the unnamed road, passing over the intended railway (Work No. 1) and terminating at a point 195 metres north-east of the north-eastern corner of Hope Cottage. Work No. 1C includes a bridge over the intended railway (Work No. 1).

  • Work No. 1D—A road commencing by a junction with Work No. 1C at a point 200 metres north-east of the north-eastern corner of Hope Cottage and terminating by a junction with Newton Church Road at a point 110 metres north-east of the north-eastern corner of Hope Cottage.

  • Work No. 1E—A footbridge over the intended railway (Work No. 1) to provide access for the proposed station at Shawfair.

  • Work No. 1F—A footbridge over the intended railway (Work No. 1) at Longthorn between the junction of Newton Village with Newton Church Road and a point 105 metres south-east of the south-eastern corner of Hope Cottage.

  • Work No. 1G—A road commencing by a junction with Millerhill Road (A6106) and the commencement of Work No. 1J, at a point 222 metres west of the roundabout at the junction of that road and Old Craighall Road (B6415), passing over the intended railway (Work No. 1) and terminating at a point 253 metres north of that roundabout. Work No. 1G includes a bridge over the intended railway (Work No. 1).

  • Work No. 1H—A road commencing by a junction with Work No. 1G at a point 235 metres north of the roundabout at the junction of Millerhill Road (A6106) and Old Craighall Road (B6415) and terminating by a junction with Old Craighall Road at a point 160 metres north-east of that roundabout.

  • Work No. 1J—A realignment of Millerhill Road (A6106) commencing by a junction with that road at the commencement of Work No. 1G and terminating by a junction with Millerhill Road at a point 215 metres south of the access road leading to Sheriffhall Mains.

  • Work No. 1K—A road commencing by a junction with the access road leading to Sheriffhall Mains at a point 340 metres south of the roundabout at the junction of Millerhill Road (A6106) and Old Craighall Road (B6415) and terminating by a junction with Work No. 1J at a point 282 metres south-west of that roundabout. Work No. 1K includes a bridge over the intended railway (Work No. 1).

Railway between Old Dalkeith Road and the Butlerfield Industrial Estate—

  • Work No. 2—A railway (4,800 metres in length) commencing by a junction with Work No. 1 at its termination, passing in part over the course of the former Waverley railway and terminating at a point 68 metres north of the northern side of Brewer’s Bush Bridge carrying New Hunterfield (B704) over the intended railway. Work No. 2 includes the strengthening of Glenesk Viaduct carrying the intended railway over the river North Esk; the removal of the existing footbridge at the former Eskbank Station; the reconstruction of Hardengreen Farm Bridge carrying the track to that farm over the intended railway; a viaduct carrying the intended railway over Murderdean Road (A7) and the B6392 road at Hardengreen Junction and the strengthening of Newbattle Viaduct carrying the intended railway over the river South Esk. Work No. 2 includes stations at Eskbank and Newtongrange.

  • Work No. 2A—A footbridge over the intended railway (Work No. 2) to provide access to the proposed station at Eskbank.

  • Work No. 2B—An access road commencing by a junction with the private service road off the Tesco car park at a point 40 metres south-east of the entrance to the Tesco Petrol Station at Hardengreen and terminating in the proposed station car park at Eskbank at a point 197 metres east of that entrance.

  • Work No. 2C—A road commencing by a junction with the access road (Work No. 2B) at a point 75 metres south-east of the entrance to the Tesco Petrol Station at Hardengreen and terminating at the goods entrance to Tesco at a point 75 metres east of that entrance.

  • Work No. 2D—A road commencing by a junction with the access road (Work No. 2B) at a point 142 metres south-east of the entrance to the Tesco Petrol Station at Hardengreen and terminating at the entrance to K&I Coachworks at a point 140 metres south-east of that entrance.

  • Work No. 2E—A footbridge over the intended railway (Work No. 2) at Newtongrange between Redwood Walk and Station Road.

  • Work No. 2F—A footbridge over the intended railway (Work No. 2) at Deanpark between New Star Bank and Station Road.

Railway between Butlerfield Industrial Estate and Borthwick Mains Cottages—

  • Work No. 3—A railway (5,900 metres in length) commencing by a junction with Work No. 2 at its termination, passing over the course of the former Waverley railway and terminating at a point 70 metres east of the eastern side of Thorniehill Bridge carrying Castle Road over the intended railway. Work No. 3 includes a viaduct carrying the intended railway over the A7 road at Gore Glen Country Park; the removal of Harvieston South Footbridge at the former Fushiebridge station; a station at Gorebridge; and an overbridge at Catcune Farm.

  • Work No. 3A—A footbridge over the intended railway (Work No. 3) at Gore Glen Country Park (west) between the Country Park’s existing footpath network and the Country Park’s car park adjacent to the A7 road.

  • Work No. 3B—A footbridge over the intended railway (Work No. 3) at Gore Glen Country Park (east) to carry the path between the Country Park’s existing footpath network and Millbank House over Work No. 3.

  • Work No. 3C—A railway (346 metres in length), forming a turnback siding at Gorebridge, commencing at a point 322 metres south-east of the south-eastern corner of Millbank House and terminating by a junction with the intended railway (Work No. 3) at a point 230 metres west of the bridge carrying Main Street/Station Road over Work No. 3.

  • Work No. 3D—A footbridge over the intended railway (Work No. 3) at Gorebridge to carry the path between Robertson’s Bank and Vogrie Road over Work No. 3.

In the local government areas of Midlothian and Scottish Borders—

Railway between Borthwick Mains Cottages and Cowbraehill—

  • Work No. 4—A railway (5,100 metres in length) commencing by a junction with Work No. 3 at its termination, passing over the course of the former Waverley railway and terminating at a point 267 metres south-east of the junction of the track leading to Steading Cottage/Cowbraehill with the B6367 road. Work No. 4 includes the reconstruction of the Halflaw Kiln Overbridge, the Halflaw Bow’s Overbridge and the bridge carrying the track between the B6367 road and Halflaw Kiln over the intended railway; and the removal of the existing Willow Burn Bridge.

Railway between Cowbraehill and Stagebank—

  • Work No. 5—A railway (5,000 metres in length) commencing by a junction with Work No. 4 at its termination, passing over the course of the former Waverley railway and terminating at a point 150 metres south-east of the former Stagebank level crossing. Work No. 5 includes the replacement of the decking of the unnamed culverts carrying Cakemuir Burn and Gala Water under the intended railway; the reconstruction of Shoestanes Overbridge over the intended railway; and the replacement of the decking of Heriot Station culvert carrying Gala Water and Shoestanes culvert carrying Shoestanes Burn under the intended railway.

In the local government area of Scottish Borders—

  • Work No. 5A—A realignment of the A7 road commencing at a point in that road 120 metres north of the existing junction of the private road leading to Falahill Farm with the A7 road and terminating at a point in the A7 road adjacent to No. 6 Falahill Cottages. Work No. 5A includes a bridge over the intended railway (Work No. 5).

  • Work No. 5B—A road commencing by a junction with Work No. 5A at a point 70 metres south of the existing junction of the private road leading to Falahill Farm with the A7 road and terminating by a junction with that private road at a point 120 metres south-west of that existing road junction.

  • Work No. 5C—A footbridge over the intended railway (Work No. 5) at the former Heriot Station to replace the length of Heriot Way between points E3 and E4.

  • Work No. 5D—A road commencing by a junction with the B709 road at a point 120 metres south of the existing junction of Old Stage Road (C11) with the B709 and terminating by a junction with the A7 road at a point 233 metres north-east of that existing road junction. Work No. 5D includes a bridge over the intended railway (Work No. 5) and earthworks for a visibility splay at its junction with the A7 road. Work No. 5D also includes a diversion of Gala Water from its existing course between points E7, E8 and E10 to a new course between points E7, E9 and E10.

  • Work No. 5E—A road commencing by a junction with Work No. 5D at a point 33 metres north of the existing junction of Old Stage Road (C11) with the B709 road and terminating by a junction with the B709 75 metres north-west of that existing road junction.

  • Work No. 5F—A road commencing by a junction with Work No. 5D at a point 40 metres south of the existing junction of Old Stage Road (C11) with the B709 road and terminating by a junction with Old Stage Road 130 metres south-east of that road junction.

  • Work No. 5G—An improvement of the Hangingshaw branch of the C11 road between a point 112 metres south of the junction of that branch road with the A7 road and the junction with Old Stage Road (C11). Work No. 5G includes a bridge over the intended railway (Work No. 5).

Railway between Stagebank and Hazelbank Quarry—

  • Work No. 6—A railway (3,300 metres in length) commencing by a junction with Work No. 5 at its termination, passing over the course of the former Waverley railway and terminating at a point 63 metres south of the bridge carrying the former railway over Gala Water. Work No. 6 includes the replacement of the decking of Hangingshaw Cattle Creep under the intended railway and of Little Gala, Crookston Mill, Hollowshank and Bower bridges carrying the intended railway over Gala Water.

Railway between Hazelbank Quarry and Stow—

  • Work No. 7—A railway (7,000 metres in length) commencing by a junction with Work No. 6 at its termination, passing over the course of the former Waverley railway and terminating at a point 158 metres north-west of the bridge carrying Station Road over the former railway at Stow. Work No. 7 includes a new culvert with track at Fountainhall to carry Still Burn under the intended railway; the reconstruction of Plenploth North, Torquhan South and Watherston bridges to carry the intended railway over Gala Water; the replacement of the decking of the culvert carrying a cattle creep and drain under the railway at Pirn and the culvert carrying Dean Burn under the railway at Watherston; the reconstruction of Craigbank Cattle Creep and of Watherston Dry Underbridge carrying the intended railway over the access track between the A7 road and Watherston Farm at The Craigs Wood; and the replacement of the decking of the bridge to carry the intended railway over Gala Water at Galabank.

  • Work No. 7A—A road commencing by a junction with the Fountainhall branch of the C11 road at a point 210 metres north-west of the junction of that branch road with Old Stage Road (C11) and terminating by a junction with the A7 road at a point 86 metres north-west of the junction of the Fountainhall branch of the C11 with the A7 road. Work No. 7A includes a bridge over the intended railway (Work No. 7) and earthworks for a visibility splay at its junction with the A7.

  • Work No. 7B—An access road commencing by a junction with Work No. 7A at a point 100 metres south-west of the junction of the Fountainhall branch of the C11 with the A7 road and terminating by a junction with the private road leading to Allanshaugh at a point 187 metres north-east of the junction of that road with Old Stage Road (C11).

Railway between Stow and Bowland Bridge—

  • Work No. 8—A railway (5,400 metres in length) commencing by a junction with Work No. 7 at its termination, passing over the course of the former Waverley railway, through the existing Bowshank Tunnel and terminating at a point 216 metres south-east of the bridge (Bowland Bridge) carrying the former railway over the Caddonfoot to Bowland road (B710). Work No. 8 includes a station at Stow; the replacement of the decking of the bridges carrying the intended railway over Lugate Water and Ferniehirst Dry; the replacement of the decking of Ferniehirst Water and Bowshank South bridges carrying the intended railway over Gala Water and the bridge (Bowland Bridge) carrying the intended railway over the Caddonfoot to Bowland road (B710); the replacement of the decking of the sheep and cattle creeps under the intended railway at Lugate Dry, Ferniehirst Dry and Bow Bridge; the improvement of Bowshank Tunnel; and the removal of Bowshank Farm Bridge over the intended railway.

  • Work No. 8A—A realignment of the Bow branch of the C11 road between a point 130 metres south-west of the junction of that branch road with the A7 road and a point 130 metres north-east of the junction of that branch road with Old Stage Road (C11). Work No. 8A includes a bridge under the intended railway (Work No. 8).

  • Work No. 8B—A footbridge over the intended railway (Work No. 8) to provide access to the station at Stow.

Railway between Bowland Bridge and Torwoodlee—

  • Work No. 9—A railway (3,300 metres in length) commencing by a junction with Work No. 8 at its termination, passing over the course of the former Waverley railway, through the existing Torwoodlee Tunnel and terminating at a point 80 metres south of the southern portal of the Torwoodlee Tunnel. Work No. 9 includes the replacement of the decking of Whitelee Culvert carrying Halk Burn under the intended railway; the replacement of the decking of Whin Underbridge carrying the intended railway over Gala Water at Robin’s Knowe; the replacement of the decking of Torwoodlee Cattle Creep under the intended railway; and a bridge (Torwoodlee Water Underbridge) to carry the intended railway over Gala Water at Torwoodlee.

Railway between Torwoodlee and Tweedbank—

  • Work No. 10—A railway (5,780 metres in length) commencing by a junction with Work No. 9 at its termination, passing over the course of the former Waverley railway and terminating at a point 35 metres north of the junction of the Tweedbank Industrial Estate Road with Tweedbank Drive. Work No. 10 includes bridges to carry the intended railway over Gala Water at Torwoodlee and over Wheatlands Road (DG108); the reconstruction of the bridge carrying the intended railway over Gala Water adjacent to Plumtreehall Brae (DG84); a station at Galashiels; the removal of the existing Station Brae Bridge; bridges to carry the intended railway over the Langhaugh Industrial Estate Road (DG125/2), the access road (Work No. 10H), Glenfield Road West (DG39) and the path between Glenfield Road East and Huddersfield Street; a bridge to carry Winston Road over the intended railway; and a station at Tweedbank.

  • Work No. 10A—A footbridge over the intended railway (Work No. 10) to replace the length of Plumtreehall Brae (DG84) between a point 75 metres south-west of the junction of that road with Magdala Terrace (A7) and a point 95 metres south of that road junction.

  • Work No. 10B—A reconstruction of the bridge carrying Plumtreehall Brae (DG84) over Gala Water north-east of the junction with King Street (A72).

  • Work No. 10C—A footbridge over the intended railway (Work No. 10) to replace the length of the unnamed road between High Buckholmside (A7) and Low Buckholmside (DG68) between a point 50 metres south of the junction of that unnamed road with High Buckholmside and a point 8 metres north of the junction of the unnamed road with Low Buckholmside.

  • Work No. 10D—A road commencing by a junction with Work No. 10E at a point 75 metres east of the junction of Station Brae (B6374) with Market Street (A7) and terminating by a junction with Station Brae at a point 30 metres north-west of the junction of that road with High Road (B6452). Work No. 10D includes a bridge over the intended railway (Work No. 10).

  • Work No. 10E—A road commencing in Currie Road (DG125/2) at a point 60 metres east of its junction with Ladhope Vale (A7) and terminating by a junction with Currie Road (DG125/2) at a point 40 metres north-west of the junction with Currie Road of the entrance to the Health Centre and public car park.

  • Work No. 10F—An access road commencing at the junction of Station Brae (B6374) with Market Street (A7) and terminating at the entrance to the car park adjoining Our Lady and St Andrew Church.

  • Work No. 10G—An access road commencing by a junction with Work No. 10F at a point 12 metres north-east of the junction of Station Brae (B6374) with Market Street (A7) and terminating at the entrance to the car park adjoining Anderson’s Chambers.

  • Work No. 10H—An access road commencing by a junction with Glenfield Road West (DG39) at a point 180 metres south-east of the junction of the Langhaugh Industrial Estate Road (DG125/2) with Currie Road (DG125/2) and terminating at a point 190 metres south-east of that road junction.

  • Work No. 10J—A footbridge over the intended railway (Work No. 10) to replace a length of the path between Dale Street (DG15) and Langlee Drive (DG60).

  • Work No. 10K—An access road commencing at a point in the proposed station car park at Tweedbank 65 metres north of the existing junction of the Tweedbank Industrial Estate Road with Tweedbank Drive and terminating at a point 12 metres south of that existing road junction.

  • Work No. 10L—An improvement of Tweedbank Drive between a point in that road 25 metres north-west of the existing junction of the Tweedbank Industrial Estate Road with Tweedbank Drive and a point in Tweedbank Drive 40 metres south-east of that existing road junction.

SCHEDULE 2Ancillary works

(introduced by section 3)

1Stations, 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.

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 3Private crossings

(introduced by section 8)

Part 1Continuing private crossings

Local government areaSheet of Parliamentary plansRoad
(1)(2)(3)
Midlothian11Dalhousie Mains private access
Midlothian15Redheugh private access
Midlothian22Overbridge, Catcune (part of Work No. 3)
Midlothian22Catcune Farm Underbridge
Midlothian24Borthwick Mains Overbridge
Midlothian25Halflaw Kiln Overbridge
Midlothian26Halflaw Bow’s Overbridge
Midlothian28Willow Burn Overbridge
Midlothian31Old Moss Overbridge, Cowbraehill
Scottish Borders35Shoestanes Overbridge, Nettlingflat
Scottish Borders39Hangingshaw Cattle Creep, Hangingshaw
Scottish Borders39Little Gala Underbridge, Halftree
Scottish Borders42Crookston Mill Underbridge, Crookston
Scottish Borders42Hollowshank Underbridge, Crookston
Scottish Borders43Bower Underbridge, Hazelbank
Scottish Borders44Pirntaton Overbridge
Scottish Borders44Sheep creep carrying Still Burn, Fountainhall, under the intended railway
Scottish Borders45Access road to Allanshaugh, Fountainhall
Scottish Borders47Plenploth North Underbridge, Plenploth
Scottish Borders48Torquhan South Underbridge, Torquhan
Scottish Borders48Pirn Underbridge, Torquhan
Scottish Borders50Craigbank Cattle Creep
Scottish Borders51Watherston Underbridge, Watherston
Scottish Borders52Watherston Dry Underbridge, Watherston
Scottish Borders52Galabank Underbridge, Galabank
Scottish Borders57Lugate Dry Underbridge, Lugate
Scottish Borders57Lugate Water Underbridge, Lugate
Scottish Borders58Furniehurst Underbridge, Furniehurst
Scottish Borders59Furniehurst Water Underbridge, Furniehurst
Scottish Borders59Unnamed sheep creep, Bow Bridge
Scottish Borders61Harper’s Overbridge, Dryburn
Scottish Borders63Whitelee Overbridge, Whitelee
Scottish Borders64Whin Overbridge, Whitelee
Scottish Borders65Whin Underbridge, Robin’s Knowe
Scottish Borders66Torwoodlee Cattle Creep, Torwoodlee
Scottish Borders66Torwoodlee Road Overbridge, Torwoodlee
Scottish Borders70Torwoodlee Water Underbridge, Gala Water
Scottish Borders70Torwoodlee Culvert carrying Mill Lead, Torwoodlee
Scottish Borders70Culvert carrying Buckholm Mill Lade, Torwoodlee
Scottish Borders70Ryehaugh Dry Culvert, Torwoodlee
Scottish Borders70Ryehaugh Water Underbridge, Gala Water
Scottish Borders71Kilnknowe Farm Overbridge, Galashiels

Part 2Private crossings to be stopped up and discontinued

Local government areaSheet of Parliamentary plansLocation
(1)(2)(3)
Midlothian22Existing overbridge, Catcune Farm
Scottish Borders47Unnamed crossing between Plenploth North Underbridge and Torquhan South Underbridge
Scottish Borders51Unnamed at grade crossing adjacent to Watherston Farm Cottage, Watherston
Scottish Borders60Bowshank Farm Overbridge, Bowshank
Scottish Borders63Unnamed at grade crossing at Bowland Wood

SCHEDULE 4Stopping up and diversion of roads

(introduced by sections 9 and 10)

Part 1Roads to be permanently stopped up

Sheet of Parliamentary plansRoad to be stopped upExtent of stopping upSubstitute to be provided or alternative
(1)(2)(3)(4)
In the local government area of Midlothian—
2Track crossing former Monktonhall Colliery siteBetween points A1 and A2No alternative
3Road (unnamed)/Newton Church Road, LongthornBetween points A3 and A4Works Nos. 1C and 1D
3Newton Church Road, LongthornBetween points A5 and A7

Work No. 1F (pedestrians)

Works Nos. 1C and 1D and existing road network (vehicles)

4Path between Longthorn and Wester MillerhillBetween points A8 and A9Work No. 1H and Old Craighall Road
4Road (unnamed) to Sheriffhall MainsBetween points A13 and A15aWork No. 1K
4, 5Millerhill Road, Wester MillerhillBetween points A12, A11, A13 and A14Work No. 1J
4, 5Road (unnamed) between Millerhill Road and Sheriffhall MainsBetween points A15, A16 and A17Works Nos. 1J and 1K
6Path between Dean Burn/Dalkeith Country Park and A68 King’s Gate overbridgeBetween points B3 and B2No alternative
6 to 9Track (Penicuik-Musselburgh Foot & Cycleway)

Between points B1 and B2

Between points B6, B7, B9, B11, B13, B17, B19 and B20

Track between points B4 and B5

Existing road and footpath network

7Path between Glenesk Viaduct and High Woods, Ironmills ParkBetween points B5 and B6Existing footpath network (Ironmills Park)
7Track between Glenesk Viaduct (south end), former Dalkeith railway leading to Cemetery Road and former railwayBetween points B7, B8 and B9Existing road and footpath network
7Track between Garden Cottage (Viewpoint Housing Association, Avenue Road) and former railwayBetween points B10 and B11No alternative
8Track between Station Road and former railwayBetween points B12 and B13No alternative
8Path between Hardengreen Industrial Estate and Westfield BankBetween points B14 and B15Work No. 2A, Hardengreen Lane and Westfield Park
9Track between Hardengreen Lane and former railwayBetween points B16 and B17Footpath between B16 and B16a and Work No. 2A
12Track between Station Road and Redwood WalkBetween points B27 and B28Work No. 2E
12, 13Track between Victoria Road and DeanparkBetween points B25, B26 and B31Victoria Road, track between points B28 and B30 and Work No. 2F
13Track between Station Road and New Star BankBetween points B29 and B30Work No. 2F
13 to 16Path between Murderdean Road and Gore Glen Country ParkBetween points B32, C1, C2 and C3No alternative
16Track between A7 road and former Kirkhill HotelBetween points C3a and C3bVia Povert Road
16, 17Paths, Gore Glen Country ParkBetween points C4, C3, C5 and C6, points C7 and C8 and points C9 and C10Path between points C4, C7 and C10 and Work No. 3A
17Path between Millbank House and Gore Glan Country Park footpath networkBetween points C13, C14 and C15Work No. 3D
17Path between Old Shank Bridge and Gorebridge (ROW 59)Between points C16 and C17Path between points C13, C17 and C18
17 to 20Path between Millbank House and GoresideBetween points C14, C16, C19 and C20Path between points C13, C17 and C18 and existing road network
20Path at GoresideBetween points C21 and C22Work No. 3D
21Harvieston South Footbridge (former Fushiebridge Station Footbridge)Between points C23 and C24Fushiebridge Station Road bridge
22Path at CatcuneBetween points C25 and C26Bridge to be provided (part of Work No. 3)
28Track between B6367 and Halflaw KilnBetween points D3, D6 and D5Bridge to be provided (part of Work No. 4)
In the local government area of Scottish Borders—
33, 34A7 road at FalahillBetween points E1 and E2Work No. 5A
34Lay-by (A7) at FalahillBetween points E2a and E2bLay-by at Falahill between points X and Y
36Heriot Way (B709), HeriotBetween points E3 and E4Works Nos. 5C, 5D and 5E and existing road network
36,37B709 road and Old Stage Road (C11)Between points E11 and E12 and points E11 and E13Works Nos. 5D, 5E and 5F
38Path, former Stagebank Crossing, StagebankBetween points E7 and E8No alternative
40Track between Haltree and A7 roadBetween points F1 and F2Existing road network
44Road (C11 Fountainhall branch) between Old Stage Road and A7 road at FountainhallBetween points G1 and G2Work No. 7A
57Track between Torsonce Mains and Old Stage RoadBetween points H1 and H2No alternative
59Road (C11 Bow branch) between Old Stage Road and A7 road at Bow Bridge, BowBetween points H3 and H4Work No. 8A
70, 71Path between Gala Water and Wheatlands RoadBetween points K1, K2 and K3Paths between points K1 and K4 and points K5 and K6 and existing footway network
71Track between Black Path and Lee BraeBetween points K10 and K15No alternative
71 to 73Track (Black Path)Between points K9, K10, K11, K12 and K14Track between points K21 and K22 and existing footway network
72Path between Black Path and A7 road, High BuckholmsideBetween points K11 and K20Existing footway network
72Plumtreehall Brae (DG 84)Between points K16 and K17Work No. 10A (pedestrians) Existing road network (vehicles)
73Road (unnamed) between High and Low Buckholmside at BrewerybrigBetween points K26 and K27

Path between points K26 and K27 and Work No. 10C (pedestrians)

No alternative (vehicles)

73Track to Ladhope Vale (A7)Between points K12 and K13No alternative
73Footway (Ladhope Vale (A7))Between points K13 and K14Existing footway network
73, 74Currie Road (DG 125/2)Between points K34 and K35Work No. 10E
74Station Brae (B6374)Between points K30 and K31Works Nos. 10D and 10E and existing road network
74Track (Black Path)Between points K32 and K33Existing footway network
74Langhaugh Industrial Estate Road (DG 125/2)Between points K38 and K39Work No. 10H and existing road network
74Path between Langhaugh Industrial Estate Road (DG125/2) and Langhaugh LaneBetween points K40 and K41Work No. 10H, path between points K41 and K42 and existing road network
74, 75Track (Black Path)Between points K46, K47, K48, K49, K50, K51, K52 and K53Track between points K46, K57, K58 and K53
75Tracks between Glenfield Road West and Black PathBetween points K54 and K48, points K55 and K49, points K50 and K52 and points K56 and K52Track between points K46, K57, K58 and K53 and points K58 and K56 and existing road network
75Path at GlenfieldBetween points K47 and K56Track between points K46, K57 and K58, and points K56 and K58
75 to 77Track (Black Path)Between points K51, K63, K73, K75 and K76Existing footbridge to south of Gala Water then existing footway and footpath network to point K82
76Middle section of path between Langlee Drive and Dale StreetBetween points K60, K61, and K62Work No. 10J
76Spur path between Black Path and pedestrian footbridge over Gala WaterBetween points K63 and K64No alternative
76Path between playground at Woodstock Avenue and point K71Between points K67, K68, K69, K70 and K71No alternative
76Track between Woodstock Avenue and Black PathBetween points K72 and K73No alternative
76Track between Winston Place and Black PathBetween points K74 and K75No alternative
77Track (Southern Upland Way/Black Path)Between points K77, K76, K78, K80, K81 and K83Path between points K82 and K83
77Access to Black PathBetween points K79 and K80No alternative
77Path, Lowood to TweedbankBetween points K84 and K85No alternative
77, 78Track (Black Path)Between points K81, K84 and K86Existing footpath and footway network on south side of railway
78Path, Well Park to TweedbankBetween points K86 and K87No alternative
78Track (Southern Upland Way/Black Path)Between points K86 and K88Existing footway network on south side of railway

Part 2Roads to be temporarily stopped up

Sheet of Parliamentary plansRoad to be stopped upExtent of temporary stopping up
(1)(2)(3)
In the local government area of Midlothian—
4Old Craighall Road, Wester MillerhillBetween points A10 and A11
5, 6The City of Edinburgh Bypass (A720), SheriffhallBetween points A18, A19, A20 and A21
9Track between Hardengreen House and K&I Coachworks, HardengreenBetween points B18 and B19
11Roads (A7 and B6392), Hardengreen JunctionBetween points B21 and B22 and points B23 and B24
16Povert RoadBetween points C2a and C2b
17Road (A7), near Gore Glen Country ParkBetween points C11 and C12
25Path between Birky Side and Borthwick BankBetween points D1 and D2
28Track between B6367 road and Halflaw KilnBetween points D3, D4 and D5
In the local government area of Scottish Borders—
37Road (C11 Hangingshaw branch)Between points E5 and E6
71Wheatlands Road (DG108)Between points K7 and K8
72Plumtreehall Brae (DG84)Between points K18 and K19
72Track (above Black Path)Between points K24 and K25
72, 73Low Buckholmside Road (DG68)Between points K22 and K23
73Ladhope Vale (A7)Between points K28 and K29
74Road (DG115/2)Between points K36 and K37
74Glenfield Road West (DG39)Between points K43 and K44
74, 75Glenfield Road West (DG39) and Glenfield Road East (DG38)Between points K44 and K45
75Gala Water FootbridgeBetween points K53 and K59
75Path (Ovens Underpass off Glenfield Road East (DG38))Between points K55a and K56
76Track (above Black Path)Between points K65, K64 and K66
77Winston Road (DG110)Between points K76 and K77

SCHEDULE 5Safeguarding works: procedure

(introduced by section 12)

1Safeguarding works may be carried out—

(a)at any time before or during the construction in the vicinity of the building of any part of the authorised works; or

(b)after the completion of the construction of that part of the authorised works, at any time up to the end of the period of five years beginning with the day on which that part of the authorised works is first opened for use.

2For the purpose of determining how the powers of section 12 of this Act are to be exercised, the authorised undertaker may enter and survey any building falling within subsection (1) of that section and any land belonging to it.

3For the purpose of carrying out safeguarding works to a building under section 12 of this Act, the authorised undertaker may (subject to paragraphs 4 and 5 below)—

(a)enter the building and any land belonging to it; and

(b)where the works cannot be carried out reasonably conveniently without entering land adjacent to the building, enter the adjacent land (but not any building erected on it).

4Before exercising—

(a)a right under section 12 of this Act above to carry out safeguarding works to a building;

(b)a right under paragraph 2 above to enter a building;

(c)a right under paragraph 3(a) above to enter a building or land; or

(d)a right under paragraph 3(b) above to enter land,

the authorised undertaker shall, except in the case of emergency, serve on the owners and occupiers of the building or land not less than 14 days' notice of its intention to exercise that right; and in a case falling within sub-paragraph (a) or (c) above the notice shall also specify the safeguarding works proposed to be carried out.

5Where notice is served under paragraph 4(a), (c) or (d) above, the owner or occupier of the building or land concerned may, by serving a counter-notice within the period of 10 days beginning with the day on which the notice was served, require the question whether it is necessary or expedient to carry out the safeguarding works or to enter the building or land to be referred to arbitration under section 34 of this Act.

6The authorised undertaker shall compensate the owners and occupiers of any building or land in relation to which the powers of this schedule have been exercised for any loss or damage arising to them by reason of the exercise of those powers.

7Where—

(a)safeguarding works to a building are carried out under section 12 of this Act; and

(b)within the period of five years beginning with the day on which the part of the authorised works constructed in the vicinity of the building is first opened for use, it appears that the safeguarding works are inadequate to protect the building against damage caused by the construction or operation of that part of the authorised works,

the authorised undertaker shall compensate the owners and occupiers of the building for any damage sustained by them.

8Nothing in this schedule shall relieve the authorised undertaker from any liability to pay compensation under the Land Clauses Acts.

9Any compensation payable under paragraph 7 above or under the Lands Clauses Acts shall be determined, in case of dispute, under the 1963 Act.

SCHEDULE 6Acquisition 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)
In the local government area of Midlothian—
Harelaw Farm341a, 41b, 41d, 41eStation car park and access.
Harelaw354, 54a, 59, 60Relocation of apparatus (subsoil only).
Harelaw363, 69Installation of equipment and compound.
Sheriffhall6158Provision of track.
Glenesk6, 7159Provision of track.
Glenesk7162Provision of track.
Hardengreen Lane9194, 196Station access.
Hardengreen9202a, 203, 203aRelocation of apparatus.
Hardengreen9, 10191Station access.
Hardengreen10192, 193Station access.
Lothian Cottage12255, 257Relocation of apparatus (subsoil only).
Redwood Walk12261, 261aProvision of track.
New Star Bank13266Provision of track.
Murderdean Road13281, 282, 282a, 283, 284, 285, 286aStation car park and access.
Jenks Loan13287Installation of equipment and compound.
Brewer’s Bush Bridge14300, 302, 302aAccess for construction and thereafter for maintenance.
Redheugh16325Access for construction and thereafter for maintenance.
Shank Bridge17, 19346Access for construction and thereafter for maintenance. Provision of track.
Gorebridge19355, 356, 357Access for construction and thereafter for provision of track.
Gorebridge19359Access for construction and thereafter for maintenance. Relocation of apparatus (subsoil only).
Station Road19389Station car park and access.
Station Road19387, 392, 393Road improvements and landscaping.
Robertson’s Bank20401, 402Installation of equipment and compound.
Catcune22431Installation of apparatus (subsoil only).
Borthwick Mains23430a, 432, 432aInstallation of apparatus (subsoil only).
Borthwick Mains24435Installation of equipment and compound.
Maggie Bowies Glen27467, 468Installation of apparatus (subsoil only).
Tynehead28477, 479Access for construction and thereafter for provision of track.
Tynehead31497Access for construction and thereafter for maintenance.
In the local government area of Scottish Borders—
Tynehead3113Installation of apparatus (subsoil only).
Tynehead and Cowbraehill31, 3213bInstallation of apparatus (subsoil only).
Falahill3343Access for construction and thereafter for provision of track.
Falahill33, 3444, 44bAccess for construction and thereafter for provision of car park and access.
Falahill34, 3553, 54

Access for construction and thereafter for maintenance.

Road improvements and landscaping.

Heriot3675, 77, 80, 120, 120a, 120b, 120c, 123aRoad improvements and landscaping.
Heriot36, 37107Road improvements and landscaping.
Heriot37100, 101, 116Road improvements and landscaping.
Hangingshaw37124

Access for construction.

Riverbank protection.

Hangingshaw37121, 141, 142, 143Road improvements and landscaping.
Stagebank38150Access for construction and thereafter for maintenance.
Stagebank38156

Access for construction.

Riverbank protection.

Haltree40171

Access for construction.

Riverbank protection.

Crookston42180Access for construction and thereafter for maintenance.
Fountainhall44212Construction and maintenance compound and access for construction and thereafter for maintenance.
Fountainhall45239, 240, 241

Access for construction.

Riverbank protection.

Pirn House48273, 274

Access for construction.

Riverbank protection.

Pirn House50276

Access for construction.

Riverbank protection.

Watherston51290, 291

Access for construction.

Riverbank protection.

Galabank52309Access for construction and thereafter for maintenance.
Galabank53324, 325, 326

Access for construction.

Riverbank protection.

Galabank53328Access for construction and thereafter for maintenance.
Stow53, 54329, 330, 331

Access for construction.

Riverbank protection.

Stow54332

Access for construction.

Riverbank protection.

Stow54339Access for construction and thereafter for provision of track.
StowStow plan336a, 337b, 337c, 340a, 340b, 341, 341a, s8, s9, s10Station car park and access.
Stow56351, 352

Access for construction.

Riverbank protection.

Stow57367Installation of apparatus (subsoil only).
Stow57, 58368Installation of apparatus (subsoil only).
Stow58370, 371Installation of apparatus (subsoil only).
Bowshank61525, 526

Access for construction.

Riverbank protection.

Bowshank62534Access for construction and thereafter for maintenance.
Bowland Bridge62, 63547

Access for construction.

Riverbank protection.

Bowland Wood63554Access for construction and thereafter for maintenance.
Whitelee House64556, 557, 558, 559

Access for construction.

Riverbank protection.

Robin’s Knowe65583, 584

Access for construction.

Riverbank protection.

Torwoodlee65, 66585

Access for construction.

Riverbank protection.

Torwoodlee65, 66586Access for construction and thereafter for maintenance.
Torwoodlee Tunnel70611Access for construction and thereafter for maintenance.
Mill Park70629Access for construction and thereafter for provision of track.
Mill Park70, 71628, 630Access for construction and thereafter for provision of track.
Wheatlands Road71645, 646, 648Access for construction and thereafter for maintenance.
Plumtreehall Brae72665, 670, 671Road improvements and landscaping.
Plumtreehall Brae72686Access for construction and thereafter for provision of track.
Plumtreehall Brae72689

Access for construction.

Riverbank protection.

Low Buckholmside72698Access for construction and thereafter for accommodation access.
Low Buckholmside72, 73703

Access for construction.

Riverbank protection.

Low Buckholmside73705Provision of turning head for vehicles.
Currie Road74739, 739a, 741, 745, 746, 749, 751, 756Access for construction and thereafter for maintenance.
Glenfield Road74760aRelocation of apparatus (subsoil only).
Glenfield Road74, 75763Relocation of apparatus (subsoil only).
Galafoot77800, 806, 808Installation of apparatus (subsoil only).
Tweedbank78814Access for construction and thereafter for maintenance.
Tweedbank78817Station car park and access.

Part 2Acquisition of rights only

LocationSheet of Parliamentary plansNumber of land shown on plansPurposes for which rights may be acquired
(1)(2)(3)(4)
In the local government area of Midlothian—
Whitehill Mains1, 1A8Access for construction and thereafter for maintenance.
Shawfair19Access for construction and thereafter for maintenance.
Millerhill Marshalling Yard110Access for construction and thereafter for maintenance.
Shawfair25a, 12, 12a, 12c, 13, 15, 17, 18, 19, 21, 23Ground stabilisation.
Shawfair2, 329, 31Ground stabilisation.
Newton Church Road332, 34Ground stabilisation.
Harelaw Farm348, 50Ground stabilisation.
Harelaw351, 53, 55, 57, 58, 60, 70, 72Ground stabilisation.
Harelaw361Access for construction and thereafter for maintenance.
Longthorn375Ground stabilisation.
Longthorn3, 478Ground stabilisation.
Longthorn479, 80, 83Ground stabilisation.
Millerhill Road494, 98, 98a, 98b, 99, 102, 126aGround stabilisation.
The Cockatoo public house4118Access for construction and thereafter for maintenance.
Wester Millerhill4119, 122Ground stabilisation.
Millerhill Road4, 5126, 127Ground stabilisation.
Sheriffhall5140Access for construction and thereafter for maintenance. Ground stabilisation.
Sheriffhall5, 6139, 144Access for construction and thereafter for maintenance. Ground stabilisation.
Sheriffhall6145, 147Ground stabilisation.
Sheriffhall6149, 150aAccess for construction and thereafter for maintenance. Ground stabilisation.
Glenesk7163, 165, 166, 167, 168, 169, 170, 175Access for construction and thereafter for maintenance.
Station Road, Eskbank8186Access for construction and thereafter for maintenance.
Hardengreen9210Access for construction and thereafter for maintenance.
Hardengreen9, 10213Access for construction and thereafter for maintenance.
Dalhousie Mains11231, 233Access for construction and thereafter for maintenance.
Newbattle Viaduct11243Access for construction and thereafter for maintenance.
Newbattle Viaduct11, 12244Access for construction and thereafter for maintenance.
Newbattle Viaduct12247, 249Access for construction and thereafter for maintenance.
Dalhousie Road12258Access for construction and thereafter for maintenance.
Newtongrange13275, 275aAccess for construction and thereafter for maintenance.
Redheugh15309Access for construction and thereafter for maintenance.
Gore Glen Country Park16, 17336Access for construction and thereafter for maintenance.
Shank Bridge17338aAccess for construction and thereafter for maintenance.
Millbank House17, 18344Access for construction and thereafter for maintenance.
Arniston Engine18343Access for construction and thereafter for maintenance.
Gorebridge19358Access for construction and thereafter for maintenance.
Robertson’s Bank20403Access for construction and thereafter for maintenance.
Catcune21423Access for construction and thereafter for maintenance.
Tynehead28471, 472Access for construction and thereafter for maintenance.
Tynehead29, 30488, 490Ground stabilisation.
Tynehead31496Access for construction and thereafter for maintenance.
In the local government area of Scottish Borders—
Tynehead3113Access for construction and thereafter for maintenance.
Tynehead and Cowbraehill31, 3213bAccess for construction and thereafter for maintenance.
Falahill3445Access for construction and thereafter for maintenance.
Falahill3559, 60Access for construction and thereafter for maintenance.
Heriot3674Access for construction and thereafter for maintenance.
Hangingshaw37126Access for construction and thereafter for maintenance.
Stagebank38146, 153Access for construction and thereafter for maintenance.
Haltree40169Access for construction and thereafter for maintenance.
Crookston41174Access for construction and thereafter for maintenance.
Crookston Cottage42177Access for construction and thereafter for maintenance.
Fountainhall45229Access for construction and thereafter for maintenance.
Plenploth46246, 248Access for construction and thereafter for maintenance.
Torquhan48, 49266Access for construction and thereafter for maintenance.
Torquhan49267, 268Access for construction and thereafter for maintenance.
Watherston50280, 286, 287, 288Access for construction and thereafter for maintenance.
Galabank52308, 315, 316, 318a, 323Access for construction and thereafter for maintenance.
Stow55348Access for construction and thereafter for maintenance.
Stow57355Access for construction and thereafter for maintenance.
Bowshank60409, 500, 502, 503, 504, 506Ground stabilisation.
Bowland Wood63551Access for construction and thereafter for maintenance.
Whitelee House64565Access for construction and thereafter for maintenance.
Torwoodlee Golf Course66, 69588Access for construction and thereafter for maintenance.
Torwoodlee69590, 591Access for construction and thereafter for maintenance.
Kilnknowe Place71647Access for construction and thereafter for maintenance.
Ladhope Vale73709, 710Ground stabilisation.
Woodstock Avenue76784, 784a, 785Ground stabilisation.
Winston Place76, 77786, 786a, 786bGround stabilisation.
Winston Place77787Ground stabilisation.

SCHEDULE 7Land 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)
In the local government area of Midlothian—
Whitehill Mains11Construction compound, working space and access for construction.Work No. 1
Whitehill Road12, 4Construction compound, working space and access for construction.Work No. 1
Millerhill Marshalling Yard17, 10Construction compound, working space and access for construction.Work No. 1
Shawfair19Construction compound, working space and access for construction.Work No. 1
Millerhill1, 25Working space.Work No. 1
Millerhill Marshalling Yard1, 211Construction compound, working space and access for construction.Work No. 1
Shawfair212, 12a, 12c, 13, 15, 17, 18, 19, 21, 23, 29aWorking space.Works Nos. 1, 1A
Shawfair227Construction compound, working space and access for construction.Work No. 1
Shawfair2, 329, 31Working space.Work No. 1
Longthorne332, 34, 40bConstruction compound, working space and access for construction.Works Nos. 1, 1B, 1C
Newton Church Road335, 35a, 36Working space.Work No. 1C
Harelaw Farm338a, 38b, 41, 41cConstruction compound, working space and access for construction.Works Nos. 1, 1C, 1D
Harelaw Farm338g, 38j, 38k, 39a, 39b, 39c, 43, 43a, 48, 50Working space.Works Nos. 1, 1C, 1D, 1E
Harelaw351, 53, 55, 57, 58, 70, 72Working space.Works Nos. 1, 1F
Harelaw354, 59, 60Construction compound, working space and access for construction.Works Nos. 1, 1F
Longthorn375Construction compound, working space and access for construction.Work No. 1
Longthorn3, 478Construction compound, working space and access for construction.Work No. 1
Longthorn479, 80, 83, 114Construction compound, working space and access for construction.Works Nos. 1, 1G, 1H
Millerhill Road491a, 94, 95b, 98, 98a, 98b, 99, 102, 126aConstruction compound, working space and access for construction.Works Nos. 1, 1G, 1J
The Cockatoo public house4117, 118Construction compound, working space and access for construction.Works Nos. 1, 1G, 1J
Wester Millerhill4119, 122Construction compound, working space and access for construction.Works Nos. 1, 1J
Millerhill Road4, 5126, 127Construction compound, working space and access for construction.Works Nos. 1, 1J, 1K
Sheriffhall5140Construction compound, working space and access for construction.Works Nos. 1, 1J
Sheriffhall5, 6139, 144Construction compound, working space and access for construction.Works Nos. 1, 1J
Sheriffhall5, 6141, 143Construction of bridge under the City of Edinburgh Bypass.Work No. 1
Sheriffhall6145, 147, 148, 149, 154, 155, 158Construction compound, working space and access for construction.Works Nos. 1, 2
Glenesk6, 7159Construction compound, working space and access for construction.Works Nos. 1, 2
Gilmerton Road7178Construction compound, working space and access for construction.Work No. 2
Glenesk7162, 163, 165, 166, 167, 168, 169, 170, 174, 175Construction compound, working space and access for construction.Work No. 2
Eskbank7, 8177Construction compound, working space and access for construction.Work No. 2
Eskbank8179a, 180Construction compound, working space and access for construction.Work No. 2
Station Road, Eskbank8186, 186a, 186cConstruction compound, working space and access for construction.Work No. 2
Hardengreen9191a, 195, 197c, 200a, 200b, 209, 210, 211, 212Construction compound, working space and access for construction.Works Nos. 2, 2A, 2B, 2C, 2D
Hardengreen9, 10213Construction compound, working space and access for construction.Work No. 2
Hardengreen9, 11215, 216, 217Construction compound, working space and access for construction.Work No. 2
Hardengreen10214Construction compound, working space and access for construction.Work No. 2
Hardengreen Junction11218, 218a, 218b, 220, 221, 223, 225, 226, 229Construction compound, working space and access for construction.Work No. 2
Dalhousie Mains11230, 231, 233Construction compound, working space and access for construction.Work No. 2
Newbattle Viaduct11236, 238, 239, 241, 243Construction compound, working space and access for construction.Work No. 2
Newbattle Viaduct11, 12244, 245Construction compound, working space and access for construction.Work No. 2
Newbattle Viaduct12247, 249, 249a, 250, 251, 254Construction compound, working space and access for construction.Work No. 2
Dalhousie Road12258Construction compound, working space and access for construction.Work No. 2
Butlerfield Industrial Estate13288, 289Construction compound, working space and access for construction.Work No. 2
Newtongrange13275, 275a, 276, 277Construction compound, working space and access for construction.Works Nos. 2, 2F
Victoria Road13286, 286bConstruction compound, working space and access for construction.Work No. 2
Lady Victoria Colliery13291aConstruction compound, working space and access for construction.Work No. 2
Butlerfield Industrial Estate13, 14290Construction compound, working space and access for construction.Work No. 2
Lady Victoria Colliery13, 14291Construction compound, working space and access for construction.Work No. 2
Butlerfield Industrial Estate14290a, 290b, 299Construction compound, working space and access for construction.Works Nos. 2, 3
Lady Victoria Colliery14293, 293a, 294, 296, 298Construction compound, working space and access for construction.Works Nos. 2, 3
Brewer’s Bush Bridge14301, 303, 307Construction compound, working space and access for construction.Works Nos. 2, 3
Brewer’s Bush Bridge14, 15, 16304Construction compound, working space and access for construction.Works Nos. 2, 3
Redheugh15308, 309, 310, 311, 312, 313Construction compound, working space and access for construction.Work No. 3
Redheugh15, 16316Construction compound, working space and access for construction.Work No. 3
Povert Road16317, 318, 319, 320, 321, 323, 326, 327, 328, 330, 331, 332, 333, 334Construction compound, working space and access for construction.Work No. 3
Gore Glen Country Park16, 17336, 337Construction compound, working space and access for construction.Works Nos. 3, 3A
Shank Bridge16, 17338Construction compound, working space and access for construction.Work No. 3
Shank Bridge17338a, 342, 345, 348Construction compound, working space and access for construction.Works Nos. 3, 3B, 3C
Millbank House17, 18344Construction compound, working space and access for construction.Work No. 3C
Shank Bridge17, 19348aConstruction compound, working space and access for construction.Works Nos. 3, 3B, 3C
Arniston Engine18343Construction compound, working space and access for construction.Work No. 3
Stobs Mills House19360, 360a, 361, 362, 366Construction compound, working space and access for construction.Works Nos. 3, 3C
Stobs Mills House19363, 364, 365Construction compound, working space, access and relocation of apparatus.Works Nos. 3, 3C
Station Road19387Construction compound, working space and access for construction.Work No. 3
St Margaret’s Church19391Construction compound, working space and access for construction.Work No. 3
Robertson’s Bank20400, 401, 402, 413Construction compound, working space and access for construction.Works Nos. 3, 3D
Robertson’s Bank20, 21404Construction compound, working space and access for construction.Works Nos. 3, 3D
Fushiebridge21414, 415, 416, 420, 421, 421aConstruction compound, working space and access for construction.Work No. 3
Catcune21423, 424, 425, 426Construction compound, working space and access for construction.Work No. 3
Catcune21, 22427Construction compound, working space and access for construction.Work No. 3
Catcune22428, 431Construction compound, working space and access for construction.Work No. 3
Catcune22, 23429Construction compound, working space and access for construction.Work No. 3
Borthwick Mains24434, 436, 437, 439, 440, 445, 446Construction compound, working space and access for construction.Works Nos. 3, 4
Borthwick Mains24, 25444Construction compound, working space and access for construction.Works Nos. 3, 4
Birky Side24, 25450Construction compound, working space and access for construction.Work No. 4
Birky Side25451, 452Construction compound, working space and access for construction.Work No. 4
Birky Side25, 26454, 456Construction compound, working space and access for construction.Work No. 4
Maggie Bowies Glen26457, 458Construction compound, working space and access for construction.Work No. 4
Maggie Bowies Glen26, 27459, 460Construction compound, working space and access for construction.Work No. 4
Maggie Bowies Glen27461, 462, 463, 464, 465, 467, 468Construction compound, working space and access for construction.Work No. 4
Maggie Bowies Glen27, 28466, 469, 470Construction compound, working space and access for construction.Work No. 4
Tynehead28475, 478, 480Construction compound, working space and access for construction.Work No. 4
Tynehead28, 29482Construction compound, working space and access for construction.Work No. 4
Tynehead29484, 485, 486, 487Construction compound, working space and access for construction.Work No. 4
Tynehead29, 30488, 490Construction compound, working space and access for construction.Work No. 4
Tynehead30491Construction compound, working space and access for construction.Work No. 4
Tynehead30, 31495Construction compound, working space and access for construction.Work No. 4
Tynehead31499, 502Construction compound, working space and access for construction.Works Nos. 4, 5
In the local government area of Scottish Borders—
Tynehead301, 5, 6Construction compound, working space and access for construction.Work No. 4
Tynehead30, 319Construction compound, working space and access for construction.Work No. 4
Tynehead3110, 11, 12a, 12b, 15Construction compound, working space and access for construction.Work No. 5
Tynehead and Cowbraehill31, 3212Construction compound, working space and access for construction.Work No. 5
Cowbraehill3217, 18, 19, 21Construction compound, working space and access for construction.Work No. 5
Cowbraehill and Falahill32, 3322Construction compound, working space and access for construction.Works Nos. 5, 5A, 5B
Falahill3324, 28, 30, 30a, 31, 32, 40, 41Construction compound, working space and access for construction.Works Nos. 5, 5A, 5B
Falahill33, 3433Construction compound, working space and access for construction.Works Nos. 5, 5A, 5B
Falahill3446, 47Construction compound, working space and access for construction.Works Nos. 5, 5A
Falahill34, 3552Construction compound, working space and access for construction.Work No. 5
Falahill3555, 56, 57, 59, 60, 61Construction compound, working space and access for construction.Work No. 5
Heriot35, 3664, 65Construction compound, working space and access for construction.Works Nos. 5, 5C
Heriot3667, 74, 76, 77, 79, 88Construction compound, working space and access for construction.Works Nos. 5, 5C, 5D
Heriot36, 3785a, 91, 123Construction compound, working space and access for construction.Works Nos. 5, 5D, 5E
Heriot37101, 102, 113, 114, 115Construction compound, working space and access for construction.Works Nos. 5D, 5F
Hangingshaw37121a, 125, 126, 128, 132, 140, 144Construction compound, working space and access for construction.Works Nos. 5, 5D, 5G
Stagebank38146, 147, 153, 154, 155Construction compound, working space and access for construction.Works Nos. 5, 6
Stagebank38, 39158, 159Construction compound, working space and access for construction.Works Nos. 5, 6
Stagebank39, 40159a, 161Construction compound, working space and access for construction.Work No. 6
Haltree40167, 168, 169, 170Construction compound, working space and access for construction.Work No. 6
Crookston41173, 174Construction compound, working space and access for construction.Work No. 6
Crookston41, 42175Construction compound, working space and access for construction.Work No. 6
Crookston42176Construction compound, working space and access for construction.Work No. 6
Crookston Cottage42177Construction compound, working space and access for construction.Work No. 6
Crookston42, 43179, 181Construction compound, working space and access for construction.Works Nos. 6, 7
Hazelbank43182, 184, 185, 187, 189Construction compound, working space and access for construction.Works Nos. 6, 7
Hazelbank43, 44191Construction compound, working space and access for construction.Works Nos. 6, 7, 7A
Fountainhall43, 44193Construction compound, working space and access for construction.Works Nos. 7, 7A
Fountainhall44191a, 192, 200, 209, 217, 218, 218a, 220, 221, 222, 222a, 222b, 222c, 224Construction compound, working space and access for construction.Works Nos. 7, 7A, 7B
Fountainhall44, 45223Construction compound, working space and access for construction.Works Nos. 7, 7B
Fountainhall45224a, 225a, 233, 236, 237, 238, 242Construction compound, working space and access for construction.Works Nos. 7, 7B
Fountainhall45235Access for construction of fence.Works Nos.7, 7B
Fountainhall45, 46243Construction compound, working space and access for construction.Work No. 7
Plenploth46245, 246, 248Construction compound, working space and access for construction.Work No. 7
Plenploth46, 47250Construction compound, working space and access for construction.Work No. 7
Plenploth47251, 252, 253, 255, 255a, 257Construction compound, working space and access for construction.Work No. 7
Torquhan47, 48262, 264, 265Construction compound, working space and access for construction.Work No. 7
Torquhan48263Construction compound, working space and access for construction.Work No. 7
Torquhan48, 49266Construction compound, working space and access for construction.Work No. 7
Pirn House48270, 272Construction compound, working space and access for construction.Work No. 7
Pirn House48, 50275Construction compound, working space and access for construction.Work No. 7
Torquhan49267, 268Construction compound, working space and access for construction.Work No. 7
Torquhan50271aConstruction compound, working space and access for construction.Work No. 7
Pirn House50277Construction compound, working space and access for construction.Work No. 7
Watherston50280, 281, 282, 283, 284, 285, 286, 287, 288, 289Construction compound, working space and access for construction.Work No. 7
Watherston51293, 294, 295, 295a, 297, 298, 299, 300, 301, 303Construction compound, working space and access for construction.Work No. 7
Watherston51, 52305, 306Construction compound, working space and access for construction.Work No. 7
Watherston52306aConstruction compound, working space and access for construction.Work No. 7
Galabank52308, 311, 312, 313, 314, 315, 316, 318a, 320, 323Construction compound, working space and access for construction.Work No. 7
Stow54338Construction compound, working space and access for construction.Works Nos. 7, 8
StowStow plan344, s3Construction compound, working space and access for construction.Work No. 8
Stow55347, 348Construction compound, working space and access for construction.Work No. 8
Stow55, 56349, 350Construction compound, working space and access for construction.Work No. 8
Stow56, 57353Construction compound, working space and access for construction.Work No. 8
Stow57354, 355, 356, 360, 362, 363, 365Construction compound, working space and access for construction.Work No. 8
Stow57, 58366Construction compound, working space and access for construction.Work No. 8
Stow57, 58, 59369Construction compound, working space and access for construction.Work No. 8
Stow58366aConstruction compound, working space and access for construction.Work No. 8
Ferniehirst58, 59372Construction compound, working space and access for construction.Work No. 8
Bow59394, 395, 396, 397Construction compound, working space and access for construction.Works Nos. 8, 8A
Ferniehirst59374, 376, 378, 378a, 379Construction compound, working space and access for construction.Works Nos. 8, 8A
Bow59, 60398, 402Construction compound, working space and access for construction.Works Nos. 8, 8A
Bow60403, 404, 405, 406aConstruction compound, working space and access for construction.Work No. 8
Bowshank60407, 409, 500, 502, 503, 504, 506, 507, 508, 513, 514, 515, 515a, 520, 522Construction compound, working space and access for construction.Work No. 8
Bowshank60, 61515b, 523Construction compound, working space and access for construction.Work No. 8
Bowshank61515c, 527, 530, 531Construction compound, working space and access for construction.Work No. 8
Bowshank62533, 535, 536Construction compound, working space and access for construction.Works Nos. 8, 9
Bowland Bridge62537, 538, 543, 545, 546Construction compound, working space and access for construction.Works Nos. 8, 9
Bowland Wood63549, 550, 551, 552Construction compound, working space and access for construction.Work No. 9
Whitelee House64560, 561, 562, 563, 564, 565, 566, 568Construction compound, working space and access for construction.Work No. 9
Whitelee House64, 65566aConstruction compound, working space and access for construction.Work No. 9
Whitelee House65566bConstruction compound, working space and access for construction.Work No. 9
Robin’s Knowe65570, 571, 572, 574, 575, 576, 577, 577a, 577b, 581Construction compound, working space and access for construction.Work No. 9
Robin’s Knowe65, 66582Construction compound, working space and access for construction.Work No. 9
Torwoodlee66582a, 587, 589Construction compound, working space and access for construction.Work No. 9
Torwoodlee Golf Course66, 69588Construction compound, working space and access for construction.Work No. 9
Torwoodlee66, 70602, 604Construction compound, working space and access for construction.Work No. 9
Torwoodlee66, 67, 68603Construction compound, working space and access for construction.Work No. 9
Torwoodlee69588a, 590, 591, 591a, 592, 593, 594, 595, 596, 597, 598Construction compound, working space and access for construction.Work No. 9
Torwoodlee Tunnel70606, 607, 608, 609, 610, 614, 616, 617Construction compound, working space and access for construction.Works Nos. 9, 10
Wood Street70619, 619a, 620, 620a, 621, 623, 623aConstruction compound, working space and access for construction.Works Nos. 9, 10
Mill Park70624aConstruction compound, working space and access for construction.Works Nos. 9, 10
Mill Park70, 71624, 625Construction compound, working space and access for construction.Works Nos. 9, 10
Kilnknowe Place71632, 633, 635, 636, 637, 639, 640, 641, 644, 647, 654, 655Construction compound, working space and access for construction.Work No. 10
Kilnknowe Place71, 72656Construction compound, working space and access for construction.Work No. 10
Plumtreehall Brae71, 72658, 659, 660, 661, 662Construction compound, working space and access for construction.Works Nos. 10, 10A, 10B
High Buckholmside72691, 692Construction compound, working space and access for construction.Work No. 10
Low Buckholmside72693, 694, 695a, 696, 696aConstruction compound, working space and access for construction.Work No. 10
Plumtreehall Brae72663, 666, 667, 668, 669, 672, 673, 676, 684, 687, 687a, 688, 690Construction compound, working space and access for construction.Works Nos. 10, 10A, 10B
Low Buckholmside72, 73695, 697, 699Construction compound, working space and access for construction.Works Nos. 10, 10C
Low Buckholmside73697a, 704, 708Construction compound, working space and access for construction.Works Nos. 10, 10C
Ladhope Vale73709, 710, 712Construction compound, working space and access for construction.Works Nos. 10, 10E
Currie Road74726, 728, 731, 731a, 732, 732a, 734, 736, 743, 743a, 748b, 750, 758, 762Construction compound, working space and access for construction.Works Nos. 10, 10D, 10E, 10F, 10G, 10H
Glenfield Road75763a, 765, 766, 770, 771Construction compound, working space and access for construction.Works Nos. 10, 10J
Glenfield Road75, 76, 77772Construction compound, working space and access for construction.Work No. 10
Glenfield Road76775, 776, 778Construction compound, working space and access for construction.Works Nos. 10, 10J
Woodstock Avenue76780, 781, 781a, 782, 784a, 785Construction compound, working space and access for construction.Work No. 10
Winston Place76, 77786a, 786bConstruction compound, working space and access for construction.Work No. 10
Winston Place77787Construction compound, working space and access for construction.Work No. 10
Winston Road77788, 790, 791, 792, 794, 795Construction compound, working space and access for construction.Work No. 10
Galafoot77797, 797a, 798, 798a, 799, 802, 803, 804, 805, 807, 809, 810, 811Construction compound, working space and access for construction.Work No. 10
Tweedbank77,78812, 813Construction compound, working space and access for construction.Work No. 10
Tweedbank78815, 816, 822, 823, 823b, 824Construction compound, working space and access for construction.Works Nos. 10, 10K, 10L

SCHEDULE 8Statutory undertakers, etc.

(introduced by section 33)

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 a public telecommunications operator 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—

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

  • “public telecommunications operator” means—

    (a)

    a person authorised, by a licence to which section 9 of the Telecommunications Act 1984 (c. 12) applies, to run a public telecommunications system; or

    (b)

    a person to whom the telecommunications code has been applied pursuant to section 10 of that Act; 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 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 9Listed buildings and conservation areas

(introduced by section 36)

1(1)Subject to sub-paragraph (2) below, if a listed building was such a building immediately before 21 March 2003 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 Part 1 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 21 March 2003.

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

(a)was not included in a conservation area immediately before 21 March 2003; 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)
Midlothian7Glenesk Viaduct, Dalkeith

Structural repairs to the spandrels and wingwalls.

Provision of cantilevered walkway.

Midlothian8Former Eskbank and Dalkeith Station platformsRe-pointing and masonry repairs.
Midlothian8Melville Road Bridge, Eskbank (Overbridge 13)

Repairs and re-pointing to masonry and brickwork.

Waterproofing works to bridge arch.

Midlothian8Lasswade Road Bridge, Eskbank (Overbridge 14)Re-pointing of bridge arch ring.
Midlothian8Bonnyrigg Road, Eskbank (Overbridge 15)

Re-pointing.

Replacement of damaged stonework.

Midlothian11Dalhousie Mains Bridge, Lothian Bridge (Underbridge 17)

Re-pointing and repairs to abutments and wingwalls.

Reconstruction of spandrel wall on east side of bridge.

Replacement of handrails.

Cleaning and repainting of cantilever supports.

Midlothian11, 12Newbattle Viaduct, Lothian BridgeRe-pointing, repairs and replacement of bricks.
Midlothian13Murderdean Road Bridge, Newtongrange (Overbridge 19)

Repairs and re-pointing to masonry.

Removal of infill material.

Midlothian15Redhaugh Farm Bridge, Redhaugh (Overbridge 21)

Repairs and re-pointing to abutments and wingwalls.

Shot blast cleaning and painting bridge girders.

Construction of parapets to replace existing handrails.

Midlothian16Povert Road Bridge, Redhaugh(Overbridge 22)

Repairs and re-pointing.

Waterproofing works to bridge arch.

Midlothian21Existing Footbridge, Fushiebridge (Footbridge 28)Removal of bridge superstructure.
Midlothian21Former Fushiebridge Station Bridge, Fushiebridge (Overbridge 29)

Repairs and re-pointing.

Waterproofing works to bridge arch.

Midlothian22Catcune Farm Bridge, Catcune (Overbridge 30)Demolition and replacement of bridge.
Midlothian22Catcune Farm Accommodation Bridge, Catcune (Underbridge 31)

Re-pointing and repairs.

Waterproofing works to bridge arch.

Removal and replacement of wrought iron handrail.

Midlothian24Castle Road Bridge, Borthwick Mains (Overbridge 32)Repairs and re-pointing.
Midlothian24Borthwick Mains Bridge, Borthwick (Underbridge 33)

Repairs to masonry.

Removal and replacement of wrought iron handrail.

Midlothian25Halflaw Kiln Bridge, Birky Side (Overbridge 34)

Demolition and replacement of bridge superstructure.

Repairs and re-pointing to bridge.

Midlothian26Halflaw Bow's, Maggie Bowies Glen (Overbridge 35)

Demolition and replacement of bridge deck and parapets.

Repairs to masonry.

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.

SCHEDULE 10Code of construction practice

(introduced by section 46)

1Before commencing construction of the authorised works located in the area of a local planning authority the authorised undertaker shall secure that there is submitted to that local planning authority for its written approval—

(a)the code of construction practice; and

(b)one or more draft local construction codes relating to so much of the authorised works as is situated in the area of the local planning authority concerned.

2The local planning authority shall send a copy of every code submitted pursuant to paragraph 1, and any amendment or replacement proposed by the authorised undertaker pursuant to paragraph 3, to SNH and SEPA and shall take account of any representations made to the local planning authority by either of those bodies.

3The authorised undertaker may with the approval of the local planning authority (and shall if so required by the local planning authority) amend or replace the code of construction practice or any local construction code.

4The provisions of the code of construction practice and any local construction code, as from time to time amended or replaced shall have effect as conditions to which section 48 applies.

SCHEDULE 11Works affecting the River Tweed Special Area of Conservation

(introduced by section 47)

Part 1Works requiring special measures

1This Part of this schedule applies to the sites specified in the table.

Location ID No.DescriptionCo-ordinates
(1)(2)XY
(3)
4Confluence of Gala Water and Shoestanes Barn340406654396
5Underbridge 49, near Heriot340406654396
6Proposed river diversion (part of Work No. 5D)340512654217
7Replacement culvert near Shoestanes (part of Work No. 5)340509654093
8River bank, near Heriot Station340570653982
9River bank protection, near Stagebank341113653144
10Underbridge 52, near Little Gala341542652594
11River bank protection, near Haltree341845652269
13Underbridge 53, near Crookstone Mill342456651192
14Underbridge 54, Hollowsbank342373650850
15Underbridge 55, Hollowsbank342346650768
16Underbridge 56, near Bower342352650341
17Underbridge 58, Fountainhall342992649536
18Riverbank protection, near Burnhouse343487649126
19Underbridge 60, Plenploth North344152648785
20Underbridge 61, Torquhan South344300647927
22Riverbank protection, Pirnhouse344469647167
23Underbridge 64, Watherston Culvert344325646697
24Riverbank protection, Craigsbank344303646495
25Underbridge 65, Watherston Bridge344166646031
26Underbridge 67, Gala Bank344308645582
27Riverbank protection, Millbank, Section 1344699645369
28Riverbank protection, Millbank, Section 2345158645175
29Riverbank protection, Lady’s Park, near Stow345420643931
30Underbridge 70, Luggate Bridge345265643137
31Underbridge 72, Ferniehurst Water344790641965
32Underbridge 73B, between Bowshank Farm and Gala Water345187641416
33Underbridge 74, Bowshank North345230641382
34Underbridge 77, Bowshank South345419641059
35Riverbank protection, Bowshank South345384640816
36Underbridge 78, Bowshank South345417640794
37Riverbank protection, Bowland345599640064
38Riverbank protection, Whitelee House346533639191
39Underbridge 83, Whitelee Culvert346668639144
40Underbridge 84, Whinwater347089638912
41Riverbank protection, Gala Water at Torwoodlee347292638846
42Underbridge 87, Torwoodlee Water347505637885
43Underbridge 88, Torwoodlee Culvert347501637865
45Underbridge 92, Ryehaugh Water347568637496
46Underbridge 95, Kilnknowe348260637030
49Underbridge 104, Red Bridge351570635256
50Underbridge 45, near Heriot339946655241
51Underbridge 47, near Heriot340284654752
52Underbridge 48, near Heriot340366554513

2The authorised undertaker shall not undertake any works for the protection of river banks at sites ID8, ID9, ID11, ID22, ID24, ID27, ID28, ID29, or ID37.

3The location of any work for the protection of river banks to be undertaken by the authorised undertaker at sites ID4, ID18, ID35, ID36, ID38, ID41, ID42 and ID43 shall be approved by SNH.

4Before commencing the construction of any works, or carrying out any operations, at any of the sites to which this schedule applies, the authorised undertaker shall consult SNH regarding—

(a)detailed engineering design;

(b)construction methods;

(c)pollution control;

(d)timing of works and operations;

(e)conservation of specific habitats or of habitats of specific species,

and shall implement such detailed mitigation measures regarding such matters as SNH may require.

5The authorised undertaker shall secure that the code of construction practice is amended from time to time as appropriate so as to procure the carrying out of measures required pursuant to paragraph 4.

6Where and to the extent that any measure required by paragraph 4 cannot be dealt with in the code of construction practice (as from time to time amended or replaced), it shall be specified in an agreement to which the local planning authority and the authorised undertaker are party.

7Any provision amending the code of construction practice pursuant to paragraph 5, and the provisions of any agreement entered into pursuant to paragraph 6, shall have effect as a condition to which section 48 applies.

Part 2Works not requiring special measures

Location ID No.DescriptionCo-ordinates
(1)(2)XY
(3)
12Underbridge 5, Crookstone341930652185
21Underbridge 62, Pirnhouse344445647576

SCHEDULE 12Provisions of original enactments applied to authorised works

(introduced by section 50)

EnactmentProvisions applied
(1)(2)
Musselburgh and Dalkeith Water Act 1871 (c.cxxxiii)Sections 14, 15 and 16
Melrose District Water Order Confirmation Act 1904 (c.cxlvii)In the Melrose District Water Order 1904, section 9
Edinburgh and District Water Order Confirmation Act 1904 (c.xlxxxviii)In the Edinburgh and District Water Order 1904, section 7
Galashiels Drainage and Burgh Extension Order Confirmation Act 1908 (c.cxxviii)In the Galashiels Drainage and Burgh Extension Order 1908, section 16
Edinburgh Corporation Order Confirmation Act 1970 (c.lx)In the Edinburgh Corporation Order 1970, section 25
Edinburgh Corporation Order Confirmation Act 1971 (c.xxxvii)In the Edinburgh Corporation Order 1971, section 36

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