Edinburgh Tram (Line Two) Act 2006

SCHEDULE 1 Scheduled 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 2 Roads subject to alteration of layout

(introduced by section 3)

Sheet on Parliamentary plans	Road subject to alteration of layout	Description of alteration
(1)	(2)	(3)
In the local government area of the City of Edinburgh—
1 and 2	Princes Street	Realignment of kerbline between points K1 and K14, and K11 and K13
1	South St. David Street and North St. David Street	Realignment of kerbline between points K1 and K3, and K2 and K4
1	South St. Andrew Street and North St. Andrew Street	Realignment of kerbline between points K5 and K9, and K6 and K10
1	Queen Street	Realignment of kerbline and revised road layout between points K6 and K7, and K8 and K8A
2	Shandwick Place, Rutland Street, Lothian Road, Princes Street and South Charlotte Street	Realignment of junction and revision of kerblines, shown generally as RJ1
2 and 3	Shandwick Place	Realignment of kerbline between points K16 and K18, and K15 and K17
3	West Maitland Street, Torphichen Place, and Torphichen Street	Realignment of junction and revision of kerblines, shown generally as RJ2
3	Haymarket 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 4	Haymarket Yards to Haymarket Station car park	Realignment of road between points P4C and P4D
3 and 4	Haymarket Yards	Realignment of road between points P4D and P4U
3 and 4	Haymarket Yards and Haymarket Terrace	Realignment of kerblines between points K19 and K23, K20 and K21, and K22 and K23
12	Cultins Road and Hermiston Gait Roundabout	Revised road layout between points K24 and K25, K26 and K27, and between points K28, K29, K30 and K28
14	Lochside Avenue	Revised kerblines between points K31 and K32, and K33 and K34
14	Lochside Crescent	Revised kerblines between points K35, K36, K37 and K35
14	Edinburgh Park	Revised kerblines between points K38 and K39, and K40 and K41
15	New access road	New road layout between points K42 and K43, and K44, K45 and K46, and K47 and K45
15	A8 Glasgow Road roundabout	Revised kerblines between points K41a and K41b, and K41c and K41d
20 and 21	Burnside Road and Jubilee Road	Revised kerblines between points K48 and K48a, K50 and K50c, K48c and K48b, K50B and K51, and K48c and K49
22 and 23	A8 Glasgow Road and Fairview Road	Revised kerblines between points K52, K53 and K52, K54 and K55 and between K56 and K57, K58 and K59, K60 and K61, K62 and K63
24	Station Road	Revised kerblines between points K64 and K65
25 and 26	Harvest Road	Revised road layout between the commencement of Work No 13 and the junction with Clifton Hall Road
25 and 26	Harvest Road and Clifton Hall Road	Revised 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
26	Industrial Estate Access Road at Newbridge, the B7030 and Old Liston Road	Revised 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 3 Roads to be permanently stopped up

(introduced by section 6)

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

Sheet of Parliamentary plans	Road to be stopped up	Extent of stopping up	Substitute
(1)	(2)	(3)	(4)
In the local government area of the City of Edinburgh—
3 and 4	Car park access north of Rosebery house	Between P4A and P4B	New access to be provided between P4C and P4D
4	Cycletrack along the south side of Haymarket Yards	Between P4J and P4R	New cycletrack to be provided between points P4S and P4T
4	Cycleway at Balbirnie Place	Between the commencement of Work No. 5A and P5A and the termination of Work No. 5B	Work No. 5A
6 and 7	Balgreen Cycleway (LC 27)	Between the commencement of Work No. 5H and P5M	New cycleway between the commencement of Work No. 5H and P5N and P5M
24	Path LC111	Between the commencement of Work No. 12A and the termination of Work No. 12A	Work No. 12A
24 and 25	Station Road	Between P12A and P12B	New path between P12C and P12D
26	The B7030	Footway between P13A, P13B and P13C	New footway between P13A, P13D and P13C

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

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

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

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

SCHEDULE 4 Roads to be temporarily stopped up

(introduced by section 7)

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

SCHEDULE 5 Level 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 6 Acquisition of certain land

(introduced by sections 1 and 23)

Part 1 Acquisition of land

Sheet of Parliamentary plans	Number of land shown on plans	Purpose for which land may be acquired
(1)	(2)	(3)
In the local government area of the City of Edinburgh—
4	36a, 512	Alternative access and road access to tramroad for maintenance
9	161, 162	Working site and thereafter public access to tram stop
9 and 10	165	Landscaping
10	166, 173, 175	Landscaping
10 to 12	184	Landscaping
15	262	Landscaping
16	288	Pedestrian access
16	262, 263, 274, 292, 293, 295, 301, 305, 306	Landscaping
16 and 17	304	Landscaping
22	376, 377, 378, 381, 382, 386	Landscaping
24	411	Landscaping

Part 2 Acquisition of rights in land

Sheet of Parliamentary plans	Number of land shown on plans	Purpose for which rights may be acquired
(1)	(2)	(3)
In the local government area of the City of Edinburgh—
6	110	Installation of apparatus
13	206, 207, 207a, 208a, 209	Installation of apparatus
14	220, 221	Installation of apparatus
17 and 18	311	Emergency access
19	317, 320	Flood relief
23	397, 400, 401	Installation of apparatus
25	417, 418, 419	Access for maintenance

SCHEDULE 7 Land of which temporary possession may be taken

(introduced by section 26)

Sheet of Parliamentary plans	Number of land shown on plans	Purpose for which temporary possession may be taken	Authorised work
(1)	(2)	(3)	(4)
In the local government area of the City of Edinburgh—
3	36	Working site and access	All
4	67	Working site and access	All
4	502, 504, 509	Regulation of road levels and any associated retaining structures and landscaping	All
4	515, 519	Road access to tramroad to allow construction of authorised works and subsequent regulation of road levels	All
4	520, 521	Road access to tramroad to allow construction of authorised works and subsequent regulation of road levels and realignment of cycleway and footway	All
5	67, 71, 74, 80, 84, 85, 86, 89, 93, 94, 98, 99, 100, 104, 105	Working site and access	All
5	78	Relocation of apparatus	All
5	83, 87, 88, 90, 95, 98	Accommodation works	All
6	105, 110, 117, 118, 119, 122, 135, 137	Working site and access	All
8	148, 149, 156, 157	Working site and access	All
9	156, 157, 158, 160	Working site and access	All
10	166, 167, 168, 169, 171, 172, 174, 177, 179, 180, 181, 182	Working site and access	All
11	179, 185	Working site and access	All
12	193, 194, 196, 197, 198, 199, 200, 202	Working site and access	All
12 and 13	203, 205	Working site and access	All
14	218, 225	Accommodation works	All
14	224, 225, 484	Working site and access	All
14 and 15	484, 485	Accommodation works	All
15	239, 242, 484, 486, 489, 490, 492	Working site and access	All
15	487, 488	Accommodation works	All
15 and 16	262	Working site and access	All
16	263, 269, 275, 276, 278, 279, 293, 294, 295, 297, 298, 298a, 299, 300, 301, 302, 305, 306	Working site and access	All
17	308	Working site and access	All
17	309, 310	Accommodation works	All
17 and 18	311	Working site and access	All
19	313, 314, 316, 324, 325	Working site and access	All
20	334, 336, 339, 340, 341, 342, 343, 346, 347, 348	Working site and access	All
22	325, 365, 366, 367, 368, 380, 384, 387, 388, 390, 391	Working site and access	All
23	397, 399, 400, 401	Working site and access	All
24	409, 410	Working site and access	All
25	417, 418, 419	Working site and access	All
26	467, 469, 473	Working site and access	All

SCHEDULE 8 Permitted events on tram route

(introduced by section 57)

• The Edinburgh Festival Cavalcade

• The Edinburgh Festival Fireworks Concert

• The Hogmanay Street Party

SCHEDULE 9 Provisions 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 10 Listed buildings

(introduced by section 72)

Part 1 Listed buildings to which works may be carried out

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

Part 2 Listed 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