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Edinburgh Tram (Line Two) Act 2006

Status:

This is the original version (as it was originally enacted).

SCHEDULE 1Scheduled works

(introduced by section 1)

In the local government area of the City of Edinburgh—

  • Work No. 1—A road tramway 463 metres in length (single line) extending from its junction with the termination of Work No. 3 at a point on Princes Street near the Sir Walter Scott Monument, along Princes Street, South St. Andrew Street, the east side of St. Andrew Square, North St. Andrew Street to a point on North St. Andrew Street south of the junction with Queen Street.

  • Work No. 2—A road tramway 495 metres in length (single line) extending from its junction with the termination of Work No. 3 at a point on Princes Street near the Sir Walter Scott Monument, along South St. David Street, the west side of St. Andrew Square, North St. David Street, Queen Street and North St. Andrew Street to its junction with the termination of Work No. 1 on North St. Andrew Street.

  • Work No. 3—A road tramway 1724 metres in length (double line) extending from its junction with the termination of Work No. 4, along Haymarket Terrace, Clifton Terrace, West Maitland Street, Shandwick Place, Rutland Place and Princes Street to its junction with the commencement of Work No. 1 at a point near the Sir Walter Scott Monument.

  • Work No. 4—A tramroad 670 metres in length (double line, with additional layover siding of approximately 100 metres in length) and associated retaining wall structures extending from a point close to 57 Balbirnie Place along the reserved public transport corridor between Balbirnie Place, CA House, Elgin House and the railway, on-road along Haymarket Yards, before running off-road to the north of Rosebery House to a point on the south side of Haymarket Terrace near Haymarket Station.

  • Work No. 5—A tramroad 1650 metres in length (double line) extending from its junction with the commencement of Work No. 4, crossing Russell Road by bridge, crossing Roseburn Street by bridge, crossing the Water of Leith by viaduct and crossing Balgreen Road by bridge, to a point close to the Jenners Depository, including construction of a viaduct along the north side of the main railway line.

  • Work No. 5A—A path and cycleway 300 metres in length extending from a junction with Russell Road south across the disused railway lines to a junction with Balbirnie Place near 46 Balbirnie Place.

  • Work No. 5B—A tramroad 105 metres in length (double line) extending from a point on Work No. 5 to the east of Russell Road, crossing Russell Road by bridge, to a point on the disused railway lines near 46 Balbirnie Place.

  • Work No. 5C—An access road 142 metres in length extending from a junction with Russell Road near 20 Russell Road, crossing Work No. 5 on the level, to a point near the main railway line sidings.

  • Work No. 5D—An access road 66 metres in length extending from a junction with Roseburn Street near the entrance to Murrayfield Stadium, under Work No. 5, to a point near the main railway sidings.

  • Work No. 5E—An access road 30 metres in length extending from a junction with Roseburn Street north of the junction with West Approach Road, under Work No. 5, to a point near Murrayfield Stadium.

  • Work No. 5F—An access road 116 metres in length extending from a junction with Balgreen Road near the junction with Whitson Road, along Pansy Walk and northeast to a point near the main railway line.

  • Work No. 5G—An access road 305 metres in length extending from a point near where the main railway line crosses Leith Water to a point near where the main railway line crosses Balgreen Road, including a junction with the termination of Work No. 5F.

  • Work No. 5H—An access road 172 metres in length extending from a junction with Balgreen Road south of the junction with Baird Drive, crossing Work No. 5 on the level, to a point close to the Jenners Depository.

  • Work No. 6—A tramroad 1188 metres in length (double line) extending from its junction with the termination of Work No. 5, crossing the main railway lines by bridge, to Saughton Mains Street.

  • Work No. 6A—Diversion of Carrick Knowe footpath 42 metres in length extending from a junction with Stenhouse Drive, crossing Work No. 6 on the level, to a point on the existing Carrick Knowe footpath.

  • Work No. 7—A tramroad 3150 metres in length (double line) extending from its junction with the termination of Work No. 6, crossing Saughton Road by bridge, crossing Broomhouse Road by bridge, crossing South Gyle Access by bridge and crossing the main railway line by viaduct, to a point near Lochside Way, including provision of a footpath and cycleway.

  • Work No. 7A—An access road 251 metres in length extending from a junction with Cultins Road to a junction with the roundabout at Hermiston Gait.

  • Work No. 8—A tramroad 950 metres in length (double line) extending from its junction with the termination of Work No. 7, crossing Lochside Avenue on the level, crossing South Gyle Broadway on the level and terminating at a point between South Gyle Broadway and the car park of the Gyle Shopping Centre.

  • Work No. 9—A tramroad 4099 metres in length (double line) extending from its junction with the termination of Work No. 8, under the A8 Glasgow Road, crossing the access road to Meadowfield Farm on the level, crossing the access road to Gogar Castle on the level, crossing the access road to Gogar Farm on the level, crossing Gogar Burn by bridge, crossing Gogar Mains Farm Road on the level, past the Ingliston Park and Ride, crossing the access road to Edinburgh Airport on the level and terminating at a point to the south of the Edinburgh Airport terminal building, including construction of a depot north of the A8 Glasgow Road and construction of a car park for the Ingliston Park and Ride.

  • Work No. 9A—An access road 585 metres in length extending from a junction with the access road to Meadowfield Farm along the access road to Castle Gogar to a junction with the A8 Glasgow Road.

  • Work No. 10—A tramroad 530 metres in length (double line) extending from its junction with Work No. 9 at the Ingliston Park and Ride, crossing Eastfield Road on the level, to a point near the A8 Glasgow Road north of No. 4 Ingliston, including construction of a car park for the Ingliston Park and Ride.

  • Work No. 11—A road tramway 890 metres in length (double line) extending from its junction with the termination of Work No. 10, crossing Ingliston Road on the level, along the A8 Glasgow Road to a point south of the junction with Hallyards Road.

  • Work No. 12—A tramroad 950 metres in length (double line) extending from its junction with the termination of Work No. 11, crossing Station Road on the level, to Harvest Road.

  • Work No. 12A—A path 84 metres in length, crossing work No. 12 on the level.

  • Work No. 13—A road tramway 1817 metres in length (double line) extending from its junction with the termination of Work No. 12, along Harvest Road, under the M9 motorway, along Cliftonhall Road, along Newbridge Industrial Estate Road and terminating at a point west of the Newbridge Roundabout.

  • Work No. 13A—A revision to the road layout 154 metres in length of the Newbridge Industrial Estate Access Road at the termination of Work No. 13.

  • Work No. 13B—A revision to the road layout 386 metres in length of the B7030 near Newbridge Industrial Estate and the Newbridge Roundabout at the termination of Work No. 13.

SCHEDULE 2Roads subject to alteration of layout

(introduced by section 3)

Sheet on Parliamentary plansRoad subject to alteration of layoutDescription of alteration
(1)(2)(3)
In the local government area of the City of Edinburgh—
1 and 2Princes StreetRealignment of kerbline between points K1 and K14, and K11 and K13
1South St. David Street and North St. David StreetRealignment of kerbline between points K1 and K3, and K2 and K4
1South St. Andrew Street and North St. Andrew StreetRealignment of kerbline between points K5 and K9, and K6 and K10
1Queen StreetRealignment of kerbline and revised road layout between points K6 and K7, and K8 and K8A
2Shandwick Place, Rutland Street, Lothian Road, Princes Street and South Charlotte StreetRealignment of junction and revision of kerblines, shown generally as RJ1
2 and 3Shandwick PlaceRealignment of kerbline between points K16 and K18, and K15 and K17
3West Maitland Street, Torphichen Place, and Torphichen StreetRealignment of junction and revision of kerblines, shown generally as RJ2
3Haymarket Terrace, Clifton Terrace, Haymarket, West Maitland Street, Grosvenor Street, Dalry Road, and Morrison Street.Realignment of junction and revision of kerblines, shown generally as RJ3 and RJ4
3 and 4Haymarket Yards to Haymarket Station car parkRealignment of road between points P4C and P4D
3 and 4Haymarket YardsRealignment of road between points P4D and P4U
3 and 4Haymarket Yards and Haymarket TerraceRealignment of kerblines between points K19 and K23, K20 and K21, and K22 and K23
12Cultins Road and Hermiston Gait RoundaboutRevised road layout between points K24 and K25, K26 and K27, and between points K28, K29, K30 and K28
14Lochside AvenueRevised kerblines between points K31 and K32, and K33 and K34
14Lochside CrescentRevised kerblines between points K35, K36, K37 and K35
14Edinburgh ParkRevised kerblines between points K38 and K39, and K40 and K41
15New access roadNew road layout between points K42 and K43, and K44, K45 and K46, and K47 and K45
15A8 Glasgow Road roundaboutRevised kerblines between points K41a and K41b, and K41c and K41d
20 and 21Burnside Road and Jubilee RoadRevised kerblines between points K48 and K48a, K50 and K50c, K48c and K48b, K50B and K51, and K48c and K49
22 and 23A8 Glasgow Road and Fairview RoadRevised kerblines between points K52, K53 and K52, K54 and K55 and between K56 and K57, K58 and K59, K60 and K61, K62 and K63
24Station RoadRevised kerblines between points K64 and K65
25 and 26Harvest RoadRevised road layout between the commencement of Work No 13 and the junction with Clifton Hall Road
25 and 26Harvest Road and Clifton Hall RoadRevised kerblines between points K66 and K67, K68 and K69, K70 and K71, K72 and K73, K76 and K77, and between K74 and K75, and between points K78 and K79 and K80 and K81
26Industrial Estate Access Road at Newbridge, the B7030 and Old Liston RoadRevised kerblines between points K82 and K83, K84 and K85, K86 and K87, K88 and K89, K90 and K91, K92 and K93, K94 and K95, K96 and K97, K98 and K99, K100 and K101, K102 and K103, K104 and K105, K106 and K107, K108 and K109, K110 and K111 and between K112, K113, K114 and K112

SCHEDULE 3Roads to be permanently stopped up

(introduced by section 6)

Part 1Roads to be permanently stopped up with a substitute provided

Sheet of Parliamentary plansRoad to be stopped upExtent of stopping upSubstitute
(1)(2)(3)(4)
In the local government area of the City of Edinburgh—
3 and 4Car park access north of Rosebery houseBetween P4A and P4BNew access to be provided between P4C and P4D
4Cycletrack along the south side of Haymarket YardsBetween P4J and P4RNew cycletrack to be provided between points P4S and P4T
4Cycleway at Balbirnie PlaceBetween the commencement of Work No. 5A and P5A and the termination of Work No. 5BWork No. 5A
6 and 7Balgreen Cycleway (LC 27)Between the commencement of Work No. 5H and P5MNew cycleway between the commencement of Work No. 5H and P5N and P5M
24Path LC111Between the commencement of Work No. 12A and the termination of Work No. 12AWork No. 12A
24 and 25Station RoadBetween P12A and P12BNew path between P12C and P12D
26The B7030Footway between P13A, P13B and P13CNew footway between P13A, P13D and P13C

Part 2Roads to be stopped up to vehicular access and egress only

Sheet of Parliamentary plansRoad to be stopped upExtent of stopping up (vehicular access and egress only)
(1)(2)(3)
In the local government area of the City of Edinburgh—
1South end of Frederick StreetBetween P3A and P3B
2South end of Stafford StreetBetween P3C and P3D
2North end of Canning StreetBetween P3E and P3F
25Station Road (near Ratho Station)Between P12A and P12B

Part 3Roads to be permanently stopped up with no substitute provided

Sheet of Parliamentary plansRoad to be stopped upExtent of stopping up
(1)(2)(3)
In the local government area of the City of Edinburgh—
24 and 25Station RoadBetween P12A and P12B (vehicular access and egress only)

SCHEDULE 4Roads to be temporarily stopped up

(introduced by section 7)

Sheet of Parliamentary plansRoad to be stopped upExtent of stopping up
(1)(2)(3)
In the local government area of the City of Edinburgh—
3Cycletrack from Balbirnie Place to Haymarket YardsBetween P4K and P4R
3Turning head on Haymarket YardsBetween P4Q and P4P
3Access to Verity House car parkBetween P4N and P4O
3Access to Rosebery HouseBetween P4L and P4M
4Russell RoadBetween P5B and P5C
5Roseburn StreetBetween P5D and P5E
6Path LC28 (Water of Leith Walkway)Between P5F and P5G and between P5H and P5J
6Balgreen RoadBetween P5K and P5L
7 and 8Carrick Knowe footpathBetween the commencement of Work No. 6A and the termination of Work No. 6A, substitute to be provided between the commencement of Work No. 6A and P6C and P6D
8 and 9Saughton Mains StreetBetween the termination of Work No. 6A, P6C, P7A and P7B
9Saughton RoadBetween P7C and P7D
10Broomhouse RoadBetween P7E and P7F
10South Gyle AccessBetween P7G and P7H
10Bankhead DriveBetween P7J and P7K
12Hermiston GaitBetween P7L, P7M, P7N and P7L
13Path south of Loch RossBetween P8A and P8B

SCHEDULE 5Level crossings

(introduced by section 15)

The following roads are to be crossed on the level:

In the local government area of the City of Edinburgh—

  • Haymarket Yards

  • Cycletrack between Balbirnie Place and Haymarket Yards

  • Lochside Avenue

  • Saughton Mains Street

  • South Gyle Broadway

  • Access Road to Meadowfield Farm

  • Access Road to Castle Gogar

  • Gogar Mains Farm Road

  • Access Road to Gogar Farm

  • Burnside Road

  • Eastfield Road

  • Eastfield Avenue

  • Glasgow Road

SCHEDULE 6Acquisition of certain land

(introduced by sections 1 and 23)

Part 1Acquisition of land

Sheet of Parliamentary plansNumber of land shown on plansPurpose for which land may be acquired
(1)(2)(3)
In the local government area of the City of Edinburgh—
436a, 512Alternative access and road access to tramroad for maintenance
9161, 162Working site and thereafter public access to tram stop
9 and 10165Landscaping
10166, 173, 175Landscaping
10 to 12184Landscaping
15262Landscaping
16288Pedestrian access
16262, 263, 274, 292, 293, 295, 301, 305, 306Landscaping
16 and 17304Landscaping
22376, 377, 378, 381, 382, 386Landscaping
24411Landscaping

Part 2Acquisition of rights in land

Sheet of Parliamentary plansNumber of land shown on plansPurpose for which rights may be acquired
(1)(2)(3)
In the local government area of the City of Edinburgh—
6110Installation of apparatus
13206, 207, 207a, 208a, 209Installation of apparatus
14220, 221Installation of apparatus
17 and 18311Emergency access
19317, 320Flood relief
23397, 400, 401Installation of apparatus
25417, 418, 419Access for maintenance

SCHEDULE 7Land of which temporary possession may be taken

(introduced by section 26)

Sheet of Parliamentary plansNumber of land shown on plansPurpose for which temporary possession may be takenAuthorised work
(1)(2)(3)(4)
In the local government area of the City of Edinburgh—
336Working site and accessAll
467Working site and accessAll
4502, 504, 509Regulation of road levels and any associated retaining structures and landscapingAll
4515, 519Road access to tramroad to allow construction of authorised works and subsequent regulation of road levelsAll
4520, 521Road access to tramroad to allow construction of authorised works and subsequent regulation of road levels and realignment of cycleway and footwayAll
567, 71, 74, 80, 84, 85, 86, 89, 93, 94, 98, 99, 100, 104, 105Working site and accessAll
578Relocation of apparatusAll
583, 87, 88, 90, 95, 98Accommodation worksAll
6105, 110, 117, 118, 119, 122, 135, 137Working site and accessAll
8148, 149, 156, 157Working site and accessAll
9156, 157, 158, 160Working site and accessAll
10166, 167, 168, 169, 171, 172, 174, 177, 179, 180, 181, 182Working site and accessAll
11179, 185Working site and accessAll
12193, 194, 196, 197, 198, 199, 200, 202Working site and accessAll
12 and 13203, 205Working site and accessAll
14218, 225Accommodation worksAll
14224, 225, 484Working site and accessAll
14 and 15484, 485Accommodation worksAll
15239, 242, 484, 486, 489, 490, 492Working site and accessAll
15487, 488Accommodation worksAll
15 and 16262Working site and accessAll
16263, 269, 275, 276, 278, 279, 293, 294, 295, 297, 298, 298a, 299, 300, 301, 302, 305, 306Working site and accessAll
17308Working site and accessAll
17309, 310Accommodation worksAll
17 and 18311Working site and accessAll
19313, 314, 316, 324, 325Working site and accessAll
20334, 336, 339, 340, 341, 342, 343, 346, 347, 348Working site and accessAll
22325, 365, 366, 367, 368, 380, 384, 387, 388, 390, 391Working site and accessAll
23397, 399, 400, 401Working site and accessAll
24409, 410Working site and accessAll
25417, 418, 419Working site and accessAll
26467, 469, 473Working site and accessAll

SCHEDULE 8Permitted events on tram route

(introduced by section 57)

  • The Edinburgh Festival Cavalcade

  • The Edinburgh Festival Fireworks Concert

  • The Hogmanay Street Party

SCHEDULE 9Provisions relating to statutory undertakers, etc.

(introduced by sections 5, 6 and 71)

Apparatus of statutory undertakers, etc. on land acquired

1(1)Subject 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; and all such other provisions of that Act as apply for the purposes of those provisions (including sections 228 to 231, which contain provisions consequent 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.

(2)Where any apparatus of public utility undertakers or of a public communications provider 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 sub-paragraph (1), 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 such a 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.

(3)Sub-paragraph (2) 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 sub-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 recently incurred by such a person, in consequence of the removal, for the purpose of making the drain or sewer communicate with any other public sewer or with a private sewage disposal plant.

(4)The provisions of the 1997 Act mentioned in sub-paragraph (1), as applied by that sub-paragraph, shall not have effect in relation to apparatus as respects which paragraph 2 or Part IV of the 1991 Act applies.

(5)In this paragraph—

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

  • “public communications provider” has the same meaning as in section 151 of the Communications Act 2003 (c. 21); and

  • “public utility undertakers” means persons who are—

    (a)

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

    (b)

    gas transporters; or

    (c)

    the holders of licences under section 6 of the Electricity Act 1989 (c. 29),

    and who are, or are deemed to be, statutory undertakers within the meaning of section 214 of the 1997 Act.

Apparatus of statutory undertakers, etc. in stopped up roads

2(1)Where a road is stopped up under section 6 (Permanent stopping up of roads) any statutory undertaker whose apparatus is under, in, upon, over, along or across the road shall have the same powers and rights in respect of that apparatus, subject to the provisions of this paragraph, as if this Act had not been passed.

(2)Where a road is stopped up under section 6 any statutory undertaker whose apparatus is under, in, upon, over, along or across the road may, and if reasonably requested to do so by the authorised undertaker, shall—

(a)remove the apparatus and place it or other apparatus provided in substitution for it in such other position as the undertaker may reasonably determine and have power to place it, or

(b)provide other apparatus in substitution for the existing apparatus and place it in such a position.

(3)The allowable costs of the relocation works shall be—

(a)determined in accordance with section 144 (Sharing costs of necessary measures) of the 1991 Act and any regulations for the time being having effect under that section, and

(b)borne by the authorised undertaker and the statutory undertaker in such proportions as may be prescribed by any such regulations.

(4)In this paragraph—

  • “apparatus” has the same meaning as in Part IV of the 1991 Act;

  • “relocation works” means works executed, or apparatus provided, under sub-paragraph (2); and

  • “statutory undertaker” has the same meaning as in the Roads (Scotland) Act 1984 (c. 54).

Railway and navigation undertakings

3(1)Subject to the following provisions of this paragraph, the powers under section 5 (Power to execute road works) to break up or open a road shall not be exercisable where the road, not being a public road (within the meaning of the Roads (Scotland) Act 1984 (c. 54))—

(a)is under the control or management of, or is maintainable by, railway or tramway undertakers, or

(b)forms part of a level crossing belonging to any such undertakers or to such an authority or to any other person,

except with the consent of the undertakers or the authority of the person to whom the level crossing belongs, as the case may be.

(2)Sub-paragraph (1) shall not apply to the carrying out under this Act of emergency works, within the meaning of Part IV of the 1991 Act.

(3)A consent given for the purposes of sub-paragraph (1) may be made subject to such reasonable conditions as may be specified by the person giving it but shall not be unreasonably withheld.

SCHEDULE 10Listed buildings

(introduced by section 72)

Part 1Listed buildings to which works may be carried out

Sheet of Parliamentary plansListed buildingLimit of authorised alteration or demolition
(1)(2)(3)
In the local government area of the City of Edinburgh—
3Haymarket Terrace, Haymarket Inn (known as the Caledonian Ale House)Demolition
3Heart of Midlothian War Memorial, HaymarketRepositioning of memorial
3Haymarket Terrace, Haymarket Station Entrance and Office Block with Steps, Railings and LampDemolition of steps and removal of lamp

Part 2Listed buildings to which equipment may not be attached without consent

In the local government area of the City of Edinburgh—

  • 140 Balgreen Road, Jenners Depository, with lodge, garages, gatepiers and railings

  • Glasgow Road, Castle Gogar Lodge and gatepiers

  • 194 Glasgow Road, Former Gogar Parish Church and churchyard

  • Haymarket, Heart of Midlothian War Memorial

  • 5b York Place, Former St George’s Chapel (Episcopal) including railings and lamps

  • Professor Wilson, Statue East Princes Street Gardens, Princes Street

  • Dr Livingstone, Statue East Princes Street Gardens, Princes Street

  • Adam Black, Statue, East Princes Street Gardens, Princes Street

  • West Princes Street Gardens, Royal Scots Memorial

  • West Princes Street Gardens, Thomas Guthrie Monument

  • West Princes Street Gardens, Sir James Young Simpson Monument

  • W E Gladstone, Memorial Coates Crescent and Shandwick Place

  • National Portrait Gallery, Queen Street

  • 12, 12a and 13 St Andrew Square, Guardian Royal Exchange

  • 22, 21 and 22 St Andrew Square and 1-5 (Odd Nos.) North St David Street with railings, IBM Ltd

  • 23 and 23a St Andrew Square with railings

  • 26 St Andrew Square with railings

  • 28 St Andrew Square with balustrading, Scottish Equitable

  • 3 and 3a St Andrew Square

  • 35 St Andrew Square with lamp standards and railings

  • 36 St Andrew Square, Dundas House, Royal Bank of Scotland Head Office, with associated additions, walls, gatepiers, gates, railings and lamp standards

  • 37 St Andrew Square, Bank of Scotland, with railings and lamp standards

  • 38 and 39 St Andrew Square, Bank of Scotland with lamp standards

  • 42 St Andrew Square, Royal Bank of Scotland

  • 9 and 10 St Andrew Square

  • Jenners, Princes Street

  • Royal Scottish Academy, Princes Street

  • Scott Monument

  • St John’s Church, Princes Street

  • St George’s West Church, Shandwick Place

  • Caledonian Hotel, Rutland Place

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