Glasgow Airport Rail Link Act 2007

SCHEDULE 1 Scheduled works

(introduced by section 2)

In the local government area of Renfrewshire—

• Work No. 1 – A railway (2,115 metres in length) commencing within Glasgow Airport at a new station at a point 160 metres west of the junction of White Cart Road with St Andrew’s Drive, passing on viaduct westwards over Caledonian Way West and St Andrew’s Drive West then passing on viaduct southwards over the M8 motorway, St James' Park, the A726 road, McFarlane Street and Clark Street then passing on embankment to Murray Street, continuing south-eastwards and terminating by a junction with the Paisley to Gourock Line at a point 150 metres south of the junction of Murray Street with Mackean Street. Work No. 1 includes a single span bridge over the M8 as part of the said viaduct and the widening of the bridge carrying the existing railway over Murray Street.

• Work No. 1A – An elevated structure linking the proposed station with the existing terminal building at Glasgow Airport commencing at a point 220 metres north-east of the junction of Caledonian Way with Caledonian Way West, passing over Caledonian Way and terminating at a point 180 metres west of the junction of White Cart Road with St Andrew’s Drive.

• Work No. 1B – An access road, commencing by a junction with the eastbound St James' Interchange to Glasgow Airport access road at a point 175 metres south-west of the junction of that road with St Andrew’s Crescent and terminating at a point 50 metres north-west of the point of commencement.

• Work No. 1C – A lowering of Murray Street between a point 230 metres east of its junction with Greenhill Road and a point 48 metres east of its commencement.

• Work No. 2 – A railway (104 metres in length) forming a cross-over between the Up and Down Lines of the Paisley to Gourock Line, commencing by a junction with that railway at a point 167 metres south-east of the bridge carrying the railway over Stirrat Street and terminating 104 metres south-east of its commencement.

• Work No. 3 – A realignment of the Glasgow Central to Ayr Line, (1,698 metres in length) including the remodelling of Wallneuk and Arkleston Junctions, commencing by a junction with that railway at a point 150 metres south-west of the junction of Brick Lane with North Croft Street, passing north-eastwards and terminating by a junction with that railway 142 metres north-east of the junction of Arkleston Drive with Endrick Drive.

In the local government areas of Renfrewshire and the City of Glasgow—

• Work No. 4 – A railway (6,813 metres in length) commencing by a junction with Work No. 3 at its termination, passing eastwards and terminating at a point 155 metres north of the junction of Woodrow Circus with Maxwell Drive. Work No. 4 includes realignment of the existing tracks and the widening of the bridge carrying the railway over Sandwood Road.

• Work No. 4A – A railway (298 metres in length) forming cross-overs between the Up line and Down line of the Glasgow Central to Ayr railway and the intended railway in Work No.4 including the realignment of the junction into Deanside Sidings, commencing by a junction with the Deanside Sidings railway at a point 125 metres north-east of the junction of Lintlaw Drive and Ladykirk Drive and terminating by a junction with the Glasgow Central to Ayr railway at a point 125 metres east of the bridge carrying Berryknowes Road over the railway.

In the local government area of the City of Glasgow—

• Work No. 5 – A railway 378 metres in length, commencing by a junction with the West Coast Main Line at a point 52 metres north-east of the junction of Clyde Place and George V Bridge, passing northwards and terminating in Glasgow Central Station at a point 48 metres north-east of the junction of Hope Street with Argyle Street.

In the local government area of Renfrewshire—

• Work No. 6 – A railway (606 metres in length) forming an extension of the existing passing loop at Elderslie adjoining the Up line of the Glasgow Central to Ayr railway, commencing by a junction with that railway 465 metres west of the junction of Main Road with Newton Avenue, passing eastwards and terminating by a junction with that railway 150 metres north-east of the said junction of Main Road with Newton Avenue.

SCHEDULE 2 Ancillary works

(introduced by section 3)

In the local government area of Renfrewshire and the City of Glasgow—

1 Works for the provision of recreational facilities in St James' Park.

2 Works for the provision of facilities for the storage and handling of aviation fuel at Glasgow Airport.

3 Buildings, platforms, junctions and stopping places.

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

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

6 Works for the provision (for the authorised undertaker or any other person) of apparatus, plant or machinery and for the accommodation of such works, including mains, sewers, pipes, drains, cables, lights, conduits and culverts.

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

8 Works or operations to stabilise the condition of any land or for the purposes of flood prevention.

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

10 Works 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 6.

11 Without prejudice to the generality of paragraph 10, works to alter the position of any railway track or other railway apparatus.

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

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

14 The 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.

15 Such 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 3 Roads to be temporarily stopped up

(introduced by section 9)

Sheet of Parliamentary plans	Road to be stopped up	Extent of temporary stopping up
(1)	(2)	(3)
In the local government area of Renfrewshire—
3 and 4	A726, Paisley	Between points T1 and T2
3 and 4	McFarlane Street	Between points T3 and T4
3 and 4	Clark Street	Between points T5 and T6
5	Murray Street	Between points T7 and T8
In the local government area of Renfrewshire and the City of Glasgow—
11	Sandwood Road	Between points T9 and T10

SCHEDULE 4 Safeguarding works: procedure

(introduced by section 11)

1 Safeguarding 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.

2 For the purpose of determining how the powers conferred by section 11 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 and may affix to, place on, leave on and remove from such building or land apparatus for use in connection with such survey.

3 For the purpose of carrying out safeguarding works to a building under section 11 of this Act, the authorised undertaker may (subject to paragraphs 4 and 5)—

(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).

4 Before exercising—

(a) a right under section 11 of this Act to carry out safeguarding works to a building;

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

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

(d) a right under paragraph 3(b) 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) the notice shall also specify the safeguarding works proposed to be carried out.

5 Where notice is served under paragraph 4(a), (b), (c) or (d), 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 determined by arbitration.

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

7 Where—

(a) safeguarding works to a building are carried out under section 11 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.

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

9 Any dispute as to a person’s entitlement to compensation under paragraph 6 or 7, or as to the amount of the compensation, shall be determined under the 1963 Act.

SCHEDULE 5 Acquisition of land, etc. outside limits of deviation

(introduced by section 14)

Part 1 Acquisition of land

Location	Sheet of Parliamentary plans	Number of land shown on plans	Purposes for which land to be acquired
(1)	(2)	(3)	(4)
In the local government area of Renfrewshire—
Glasgow Airport	1 and 2	30	Working space, access for construction and diversion of utilities
Glasgow Airport	1 and 2	33	Working space, access for construction, diversion of utilities and thereafter access for maintenance
Glasgow Airport	2	68	Working space, access for construction and diversion of utilities
Glasgow Airport	2	72	Replacement of fuel farm
Murray Street Business Area	5	109	Working space, access for construction and diversion of utilities

Part 2 Acquisition of rights only

Location	Sheet of Parliamentary plans	Number of land shown on plans	Purposes for which rights may be acquired
(1)	(2)	(3)	(4)
In the local government area of Renfrewshire—
Glasgow Airport	1	1 and 7	Access for construction and thereafter for maintenance
Glasgow Airport	1	5	Access for construction
Glasgow Airport	1 and 2	16	Access for construction and thereafter for maintenance
Glasgow Airport	1	19	Access for construction
Glasgow Airport	1	23, 25 and 28	Access for construction and thereafter for maintenance
Glasgow Airport	2	39, 46 and 48	Access for construction and thereafter for maintenance
Glasgow Airport	2	64	Access for construction and thereafter for maintenance
Glasgow Airport	2	69	Air space for oversailing during construction of works
St James' Park	3 and 4	82	Access for maintenance on completion of Work No.1
St James' Park	3	82b and 84	Access for maintenance on completion of Work No.1
St James' Park	4	80, 80a and 82a	Access for maintenance on completion of Work No.1
St James' Park	4	81a	Access for construction
Murray Street Business Area	3	100	Access for construction
Paisley	6	133	Access for construction and thereafter for maintenance
Paisley	6	135 and 136	Access for construction
Elderslie	20	149 and 151	Access for construction and thereafter for maintenance
In the local government area of the City of Glasgow—
Shields Junction	18	39	Access for construction
Glasgow Central Station	19	46a and 48	Access for construction
Glasgow Central Station	19	49a, 49c at its upper level and 49d	Access for construction and thereafter for maintenance

SCHEDULE 6 Land of which temporary possession may be taken

(introduced by section 16)

Location	Sheet of Parliamentary plans	Number of land shown on plans	Purposes for which temporary possession may be taken	Authorised work
(1)	(2)	(3)	(4)	(5)
In the local government area of Renfrewshire—
Glasgow Airport	1	6, 9, 10 and 12a	Construction compound, working space and access for construction	Works Nos. 1 and 1A
Glasgow Airport	1	23, 25 and 28	Working space	Work No. 1
Glasgow Airport	1	23a, 26, 26a, 26b, 27, 27a and 29	Working space and access for construction	Work No. 1
Glasgow Airport	2	36, 37, 38, 40, 41, 42, 49 and 71c	Working space and access for construction	Work No. 1
Glasgow Airport	2	39	Working space	Work No. 1
Glasgow Airport	2	45	Construction compound, working space and access for construction	Work No. 1
Glasgow Airport	2	46	Working space	Work No. 1
Glasgow Airport	2	51, 53, 55 and 57	Construction compound, working space and access for construction	Work No. 1
Glasgow Airport	2	58 and 63	Construction compound, working space and access for construction	Work No. 1
Glasgow Airport	2	64	Working space	Work No. 1
Glasgow Airport	2	69a	Working space and access for construction	Work No. 1
Glasgow Airport	2	70	Construction compound and access	Work No. 1
Glasgow Airport	2	70a, 70b and 70c	Working space and access for construction	Work No. 1B
Glasgow Airport	2	71	Working space and access for construction	Work No. 1
Glasgow Airport	2	71a and 71b	Working space and access for construction	Work No. 1
Glasgow Airport	2	72a, 72b, 72c and 72d	Construction compound, working space and access for construction	Work No. 1B
St James' Park	2 and 4	74	Provision of recreational facilities, associated mitigation and landscaping	Work No. 1
St James' Park	2, 3 and 4	75	Construction compound, working space and access for construction and thereafter for provision of recreational facilities, associated mitigation and landscaping	Work No. 1
St James' Park	2 and 3	77	Working space and access for construction	Work No. 1
St James' Park	2 and 3	78	Provision of recreational facilities, associated mitigation and landscaping	Work No. 1
St James' Park	3	79	Working space	Work No. 1
St James' Park	3	78a, 82b, 84, 86, 88, 89 and 91	Working space and access for construction	Work No. 1
Murray Street Business Area	3	92, 94a and 95	Working space and access for construction	Work No. 1
St James' Park	4	81	Landscaping and mitigation	Work No. 1
Murray Street Business Area	3 and 5	101	Construction compound, working space and access for construction	Works Nos. 1 and 1C
Murray Street Business Area	3 and 5	103 and 104	Construction compound, working space and access for construction	Work No. 1
Murray Street Business Area	5	107 and 107a	Construction compound, working space and access for construction	Works Nos. 1 and 1C
Murray Street Business Area	5	111 and 116	Working space and access for construction	Work No. 1C
Murray Street Business Area	5	117 and 119	Working space and access for construction	Work No. 1
Paisley	6	130 and 132	Construction compound and access	Work No. 3
Gallowhill	7	137	Construction compound, working space and access for construction	Work No. 3
Arkleston	8	140	Construction compound and access	Works Nos. 3 and 4
Elderslie	20	152	Working space and access for construction	Work No. 6
In the local government area of the City of Glasgow—
Hillington	13	11 and 11a	Construction compound, working space and access for construction	Works Nos. 4 and 4A
Govan	16	22	Construction compound and access for construction	Work No. 4
Shields Junction	18	41	Construction compound and access for construction	Work No. 4
Glasgow Central Station	19	47	Construction compound, working space and access for construction	Work No. 5
Glasgow Central Station	19	46, 49, 49a, 49b, 49c and 49d	Working space	Work No. 5
Glasgow Central Station	19	45, in respect of the premises leased by CGM (Oswald) Limited (company no. SC 190896)	Working space and access for construction	Work No. 5

SCHEDULE 7 Statutory undertakers, etc.

(introduced by section 34)

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.

2 All such other provisions of the 1997 Act as apply for the purposes of the provisions applied by paragraph 1 (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.

3 Where any apparatus of a utility undertaker 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 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 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.

4 Paragraph 3 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.

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

6 In this schedule—

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

• “public communications provider” has the meaning given by section 151(1) of the Communications Act 2003 (c. 21); 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 8 Listed buildings

(introduced by section 37)

1 (1) Subject to sub-paragraph (2), if a listed building was such a building immediately before 1^st September 2004 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); 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).

(2) In the case of the 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) shall have effect as if the references to works carried out in exercise of the powers conferred by Part 1 of this Act were 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) shall also apply in relation to a listed building which was not such a building immediately before 1^st September 2004.

(4) 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

Building authorised to be altered

Local government area	Sheet of Parliamentary plans	Building authorised to be altered	Limit of authorised alteration
(1)	(2)	(3)	(4)
City of Glasgow	19	Glasgow Central Station	Alterations in connection with platform lengthening, installation of overhead line electrification and to exit ramp to Oswald Street and rearrangement of ancillary buildings and facilities.
			Strengthening works to undercroft, Midland Street bridge and Argyle Street bridge.

2 Section 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.

3 In 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 9 Code of construction practice

(introduced by section 45)

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

2 The 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.

3 The authorised undertaker may with the approval of the local planning authority amend or replace the code of construction practice.

4 In approving the code of construction practice or any amendment or replacement submitted under this schedule the local planning authority may require the authorised undertaker to make amendments to the code or to the amendment or replacement as the case may be.