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Channel Tunnel Rail Link Act 1996

1996 CHAPTER 61

An Act to provide for the construction, maintenance and operation of a railway between St. Pancras, in London, and the Channel Tunnel portal at Castle Hill, Folkestone, in Kent, together with associated works, and of works which can be carried out in conjunction therewith; to make provision about related works; to provide for the improvement of the A2 at Cobham, in Kent, and of the M2 between junctions 1 and 4, together with associated works; to make provision with respect to compensation in relation to the acquisition of blighted land; and for connected purposes.

[18th December 1996]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part IThe Channel Tunnel Rail Link

Works

1Construction and maintenance of scheduled works

(1)The nominated undertaker may construct and maintain the works specified in Schedule 1 to this Act (“the scheduled works”), being—

(a)works for the construction of a railway between St. Pancras in London and the Channel Tunnel portal at Castle Hill, Folkestone, Kent,

(b)works consequent on, or incidental to, the construction of the works mentioned in paragraph (a) above, and

(c)works which can conveniently be carried out at the same time as works included in paragraph (a) or (b) above.

(2)Subject to subsection (3) below, the scheduled works shall be constructed in the lines or situations shown on the deposited plans and in accordance with the levels shown on the deposited sections.

(3)In constructing or maintaining any of the scheduled works, the nominated undertaker may—

(a)deviate laterally from the lines or situations shown on the deposited plans to any extent within the limits of deviation for that work so shown, and

(b)deviate vertically from the level shown for that work on the deposited sections—

(i)to any extent not exceeding 3 metres upwards, and

(ii)to any extent downwards.

2Further and supplementary provisions

Schedule 2 to this Act (which contains further and supplementary provisions about works) shall have effect.

3Highways

Schedule 3 to this Act (which makes provision in relation to highways in connection with the works authorised by this Part of this Act) shall have effect.

Land

4Acquisition within limits shown on deposited plans

(1)The Secretary of State is authorised by this section to acquire compulsorily—

(a)so much of the land shown on the deposited plans within the limits of deviation for the scheduled works as may be required for or in connection with the works authorised by this Part of this Act, and

(b)so much of the land so shown within the limits of land to be acquired or used as may be so required.

(2)Without prejudice to the generality of subsection (1) above, the purposes for which land may be acquired under that subsection include, in the case of so much of any land specified in columns (1) and (2) of Part I of Schedule 4 to this Act as is within the limits of land to be acquired or used, the purpose specified in relation to that land in column (3) of that Part as one for which that land may be acquired or used.

(3)Part II of Schedule 4 to this Act (application of legislation relating to compulsory purchase) and Part III of that Schedule (supplementary provisions) shall have effect.

5Acquisition outside limits shown on deposited plans

(1)The Secretary of State may acquire compulsorily land outside the relevant limits which is required for or in connection with the works authorised by this Part of this Act.

(2)Without prejudice to the generality of subsection (1) above, the land which may be compulsorily acquired under that subsection shall include land which is or will be required—

(a)for use in mitigating the effect on the environment of any of the works authorised by this Part of this Act,

(b)for use in relocating apparatus which it is expedient to divert or replace in consequence of the carrying out of any of the works authorised by this Part of this Act, or

(c)for the purpose of being given in exchange for land forming part of a common, open space or fuel or field garden allotment which is acquired under section 4(1) above.

(3)The power of acquiring land compulsorily under subsection (1) above shall include power to acquire an easement or other right over land by the grant of a new right.

(4)The [1981 c. 67.] Acquisition of Land Act 1981 shall apply to the compulsory acquisition of land under subsection (1) above; and Schedule 3 to that Act shall apply to a compulsory acquisition by virtue of subsection (3) above.

(5)Part I of the [1965 c. 56.] Compulsory Purchase Act 1965, and the enactments relating to compensation for the compulsory purchase of land, shall apply to a compulsory acquisition by virtue of subsection (3) above with the modifications mentioned in paragraph 8(2)(a) and (b) of Schedule 4 to this Act.

(6)In this section—

6Temporary possession and use

Schedule 5 to this Act (which contains provisions about temporary possession and use of land for the purposes of this Part of this Act) shall have effect.

7Extinguishment of private rights of way

(1)All private rights of way over land which is held by the Secretary of State as being required for or in connection with the works authorised by this Part of this Act shall be extinguished—

(a)in the case of land held by the Secretary of State immediately before the coming into force of this Act, on the coming into force of this Act, and

(b)in the case of land acquired by the Secretary of State after the coming into force of this Act, at the appropriate time.

(2)For the purposes of subsection (1)(b) above, the appropriate time is the time of acquisition, except where land—

(a)is acquired compulsorily, and

(b)is land in respect of which the power conferred by section 11(1) of the Compulsory Purchase Act 1965 (power of entry following notice to treat) is exercised,

in which case it is the time of entry under that provision.

(3)Any person who suffers loss by the extinguishment of any right of way under this section shall be entitled to be compensated by the nominated undertaker.

(4)Any dispute as to a person’s entitlement to compensation under this section, or as to the amount of such compensation, shall be determined under and in accordance with Part I of the [1961 c. 33.] Land Compensation Act 1961.

(5)This section does not apply in relation to any right of way to which section 271 or 272 of the [1990 c. 8.] Town and Country Planning Act 1990 (extinguishment of rights of statutory undertakers etc.) applies.

8Extinguishment of rights of statutory undertakers etc

(1)Sections 271 to 273 of the Town and Country Planning Act 1990 (extinguishment of rights of statutory undertakers etc.) shall apply in relation to land held by the Secretary of State as being land which is required for or in connection with the works authorised by this Part of this Act as they apply in relation to land acquired or appropriated as mentioned in section 271(1) of that Act.

(2)In the application of sections 271 to 273 of that Act by virtue of subsection (1) above, references to the acquiring or appropriating authority shall be construed as references to the nominated undertaker.

(3)In their application by virtue of subsection (1) above, sections 271 and 272 of that Act shall also have effect with the following modifications—

(a)in subsection (2), for the words from “with” to “appropriated” there shall be substituted “authorised by Part I of the Channel Tunnel Rail Link Act 1996”, and

(b)in subsection (5), for the words from “local” to “or undertakers” there shall be substituted “a person other than a Minister, he”.

(4)In the Town and Country Planning Act 1990, any reference to, or to any provision of, section 271, 272 or 273 shall include a reference to, or to that provision of, that section as applied by subsection (1) above.

(5)In their application by virtue of subsection (4) above, the following provisions of that Act shall have effect with the following modifications—

(a)in section 274(3), for “local authority or statutory undertakers” there shall be substituted “person”, and

(b)in sections 274(5), 279(2) to (4) and 280(6), references to the acquiring or appropriating authority shall be construed as references to the nominated undertaker.

Planning and heritage

9Planning: general

(1)Subject to subsections (2) and (4) below, planning permission shall be deemed to be granted under Part III of the Town and Country Planning Act 1990 for the carrying out of development authorised by this Part of this Act.

(2)In the case of development consisting of the provision of parking at St. Pancras in London, other than short term parking for coaches or taxis, subsection (1) above shall only apply to development which—

(a)is carried out on land within the limits of deviation for Works Nos. 1C, 1CC, 5C, 5D, 5D(1) or 5EE or the land in the London Borough of Camden numbered 37 and 61 on the deposited plans, and

(b)does not, when taken together with any other relevant development—

(i)so far as involving the provision of parking for cars, involve the provision of more than 750 parking spaces, and

(ii)so far as involving the provision of parking for coaches, involve the provision of more than 30 parking spaces.

(3)For the purposes of subsection (2)(b) above, relevant development is development consisting of the provision of parking, other than short term parking for coaches or taxis—

(a)which is carried out on such land as is mentioned in subsection (2)(a) above, and

(b)for which planning permission is deemed by subsection (1) above to be granted.

(4)In the case of development consisting of the provision of a combined international and domestic passenger station and parking at Ebbsfleet in Kent, subsection (1) above shall only apply to development which—

(a)is carried out on the land in the borough of Dartford, parish of Swanscombe and Greenhithe, numbered 25 to 33 on the deposited plans and the land in the borough of Gravesham, town of Gravesend, numbered 16, 17, 22 to 34, 45, 46, 109, 110 and 112 on those plans, and

(b)does not involve the provision of more than 9,000 parking spaces.

(5)Schedule 6 to this Act (which makes provision about planning conditions) shall have effect in relation to development for which planning permission is deemed by subsection (1) above to be granted, other than development to which subsection (2) or (4) above applies.

(6)The planning permission deemed by subsection (1) above to be granted shall, so far as relating to development to which subsection (2) or (4) above applies, be deemed to be granted subject to a condition specifying the matters mentioned in subsection (7) below as reserved matters for the subsequent approval of the relevant planning authority.

(7)The matters referred to above are—

(a)in the case of development to which subsection (2) above applies, the siting, design and external appearance of, and means of access to, the development, and

(b)in the case of development to which subsection (4) above applies, the siting, layout, design, external appearance and landscaping of the development.

(8)Development for which permission is deemed by this section to be granted shall be treated as not being development of a class for which planning permission is granted by the [S.I. 1995/418.] Town and Country Planning (General Permitted Development) Order 1995 (or any order replacing that order).

(9)Planning permission which is deemed by this section to be granted shall be treated as specific planning permission for the purposes of section 264(3)(a) of the [1990 c. 8.] Town and Country Planning Act 1990 (specific planning permission for the development of statutory undertakers' land relevant to whether the land is operational land).

(10)In subsections (2) and (4) above, references to development consisting of the provision of parking do not include development consisting of the provision of parking on working sites.

(11)In subsection (6) above, “relevant planning authority” means—

(a)in relation to Greater London, the local planning authority, and

(b)in relation to Essex or Kent, the district planning authority.

10Permitted development: time limits

(1)It shall be a condition of the planning permission deemed by section 9(1) above to be granted, so far as relating to—

(a)development consisting of the carrying out of a scheduled work, or

(b)development to which section 9(2) or (4) above applies,

that the development must be begun not later than the end of 10 years beginning with the day on which this Act is passed.

(2)The Secretary of State may, in relation to any development to which the condition imposed by subsection (1) above applies, by order extend the period by reference to which the condition operates.

(3)The power conferred by subsection (2) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)Nothing in section 91 of the Town and Country Planning Act 1990 (limit on duration of planning permission) shall apply to the planning permission deemed by section 9(1) above to be granted.

(5)Section 94 of that Act (completion notices) shall apply where development to which section 9(2) or (4) above applies has been begun within the period by reference to which the condition mentioned in subsection (1) above operates, but that period has elapsed without the development having been completed.

(6)In their application by virtue of subsection (5) above, sections 94(2) and (5) and 95(2) of that Act shall have effect with the insertion after “permission” of “deemed by section 9(1) of the Channel Tunnel Rail Link Act 1996 to be granted, so far as relating to the development,”.

11Fees for planning applications

(1)The appropriate Ministers may by regulations make provision about fees for relevant planning applications.

(2)Regulations under subsection (1) above may, in particular—

(a)make provision for the payment to the authority to which a relevant planning application is made of a fee of a prescribed amount,

(b)make provision for the remission or refunding of a prescribed fee (in whole or part) in prescribed circumstances,

(c)make provision for a prescribed fee to be treated as paid in prescribed circumstances,

(d)make provision about the time for payment of a prescribed fee,

(e)make provision about the consequences of non-payment of a prescribed fee, including provision for the termination of the application concerned or any appeal against its refusal, and

(f)make provision for the resolution of disputes.

(3)Regulations under subsection (1) above may—

(a)make such supplementary, incidental or consequential provision as the appropriate Ministers think fit, and

(b)make different provision for different cases.

(4)The power to make regulations under subsection (1) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5)Nothing in regulations under section 303 of the [1990 c. 8.] Town and Country Planning Act 1990 (fees for planning applications) shall apply to a relevant planning application.

(6)In this section—

12Heritage

Schedule 7 to this Act (which makes provision for the disapplication or modification, in relation to authorised works, of controls relating to listed buildings, buildings in conservation areas and ancient monuments etc.) shall have effect.

13Heritage: rights of entry

Schedule 8 to this Act (which makes provision about rights of entry for the Historic Buildings and Monuments Commission for England and the Royal Commission on the Historical Monuments of England) shall have effect.

Operation

14Operation and use of authorised works

(1)The nominated undertaker may, in relation to the works authorised by this Part of this Act—

(a)operate them for the purpose of providing infrastructure services, and

(b)use them for the purpose of providing services for the carriage of passengers or goods.

(2)In subsection (1) above, the reference to infrastructure services is to services which are network services or station services for the purposes of Part I of the [1993 c. 43.] Railways Act 1993.

15Bye-laws

For the purposes of section 129 of the Railways Act 1993 (power of independent railway operator to make bye-laws), the nominated undertaker shall be treated as an independent railway operator.

Application of railway legislation

16Licensing

(1)Section 6(1) of the [1993 c. 43.] Railways Act 1993 (which prohibits any person from acting as the operator of a network, station or train being used on a network unless authorised by a licence under section 8 of that Act) shall not apply in relation to—

(a)any network comprised in the rail link,

(b)any rail link station, or

(c)any train being used, in circumstances in which subsection (2) below applies, on a network comprised in the rail link.

(2)This subsection applies if—

(a)the train is being used to provide a service involving travel through the Channel Tunnel, or

(b)the operator of the train is a rail link undertaker and the train is being used to provide a service for the carriage of goods which does not involve carriage outside the rail link.

(3)There shall not be included in a licence under section 8 of the Railways Act 1993 any condition relating to an activity in respect of which the licence holder is exempt from section 6(1) of that Act by virtue of subsection (1) above; and any condition which is included in such a licence shall be of no effect so far as relating to such an activity.

(4)For the purposes of subsection (1)(b) above, the following stations are rail link stations—

(a)St. Pancras in London,

(b)any station constructed for the purposes of the rail link in exercise of the powers conferred by this Part of this Act, and

(c)any station constructed for the purposes of the rail link at Stratford, in the London Borough of Newham.

(5)Any expression used in this section and Part I of the Railways Act 1993 shall have the same meaning in this section as it has in that Part.

17Access agreements

(1)No directions under section 17(1) of the Railways Act 1993 (which enables the Rail Regulator to direct facility owners to enter into contracts for the use of their railway facilities) may be given to a rail link undertaker in relation to a rail link facility.

(2)Subject to subsection (3) below, section 18(1) of that Act (which restricts the freedom of a facility owner to enter into an access contract) shall not apply to the entry by a rail link undertaker into an access contract relating to a rail link facility.

(3)Where only part of a rail link facility is used for the purposes of or in connection with the provision of services on the rail link, subsection (2) above shall only apply if the access contract is restricted to that part of the facility.

(4)No directions under section 19(1) of that Act (which enables the Rail Regulator to direct installation owners to enter into contracts for the use of their installations) may be given to a rail link undertaker in relation to a network installation comprised in the rail link.

(5)In this section—

18Closures

The following provisions of the Railways Act 1993—

shall not have effect in relation to services which involve travel on the rail link.

19Railway administration orders

(1)In section 59 of the 1993 Act (which defines a railway administration order as a court order under section 60, 61 or 62 of that Act in relation to a protected railway company) subsection (6) (paragraph (a) of which defines a “protected railway company” and paragraph (b) of which defines its “relevant activities”) shall have effect, in relation to a rail link service operator—

(a)with the omission, in paragraph (a), of “both” and the words from “and the” to the end, and

(b)with the substitution for paragraph (b)(i) and (ii) of “its activities as the operator of a railway asset”.

(2)For the purposes of the following provisions, namely—

(a)sections 60(1)(b), 61(1)(a)(ii) and (2)(b), and 62(2)(a)(ii), (3)(b), (5)(a)(ii), (6)(b) and (7)(b) of the 1993 Act, and

(b)sections 13(3)(b), 18(1)(b) and 27(1A) of the 1986 Act, as applied by Schedule 6 to the 1993 Act,

(which give the Director of Passenger Rail Franchising a role in relation to a protected railway company which is the holder of a passenger licence) a rail link service operator which is the holder of a passenger licence shall be treated as if it were not the holder of such a licence.

(3)Section 60 of the 1993 Act (railway administration orders made on special petitions), in its application to a rail link service operator, shall have effect with the following modifications—

(a)in subsection (1), for “either or both” there shall be substituted “any”,

(b)in subsection (2), at the end there shall be inserted—

(c)that an agreement between the Secretary of State and a relevant rail link undertaker has terminated., and

(c)in subsection (7), at the end there shall be inserted—

(4)Section 17 of the 1986 Act (duties of administrator), as applied by Schedule 6 to the 1993 Act, shall have effect, in relation to the administration of a rail link service operator, with the insertion after subsection (2) of—

(2A)Subsection (2) shall only apply if the proposals have been approved by the Secretary of State and, where he approves them with modifications, shall apply as if the proposals prepared for the purposes of section 23 were the proposals as so modified.

(5)The following provisions of the 1986 Act, as applied by Schedule 6 to the 1993 Act, namely, sections 18(4), 21(2), 23(1) and (2) and 27(6) (which require documents to be sent to specified persons) shall not have effect to require any document relating to a rail link service operator to be sent to the Director of Passenger Rail Franchising.

(6)In Schedule 7 to the 1993 Act (transfer of relevant activities in connection with railway administration orders) paragraph 2 (making and modification of transfer schemes) shall have effect, where the company in relation to which a railway administration order has been made is a rail link service operator, with the following modifications—

(a)in sub-paragraph (2), the words from “or” to the end shall be omitted,

(b)in sub-paragraph (3), the words “or the Franchising Director” shall be omitted,

(c)in sub-paragraph (6), the words “or the Franchising Director” shall be omitted, and

(d)in sub-paragraph (7), the words from “or, in a” to “Director” shall be omitted.

(7)An agreement by the Secretary of State shall be effective notwithstanding that, in the case of a rail link service operator, it fetters the Secretary of State in relation to a discretion under sections 60 to 65 of, and Schedules 6 and 7 to, the 1993 Act (the railway administration order provisions of the Act).

(8)The Secretary of State may by order repeal subsection (4) above.

(9)The power conferred by subsection (8) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(10)In this section—

20Other legislation

Schedule 9 to this Act (which makes provision with respect to the incorporation of the Railways Clauses Acts and the application of miscellaneous other enactments relating to railways) shall have effect.

Functions of the Rail Regulator

21Duties as to exercise of regulatory functions

(1)The Rail Regulator shall have an overriding duty to exercise his regulatory functions in such a manner as not to impede the performance of any development agreement.

(2)In exercising his regulatory functions in relation to the use by a rail link undertaker of any existing network—

(a)for trains used in connection with the construction of the rail link, or

(b)for trains used to provide international services,

the Rail Regulator shall also be under a duty to have regard to the financial position of the rail link undertaker.

(3)The Rail Regulator may by notice require a person to whose financial position he is required by subsection (2) above to have regard to furnish to him, in such form and manner as may be specified in the notice, such information relating to that person’s financial position as may be so specified, being information which the Rail Regulator considers necessary for the purpose of facilitating the performance of his duty under that subsection.

(4)If any person makes default in complying with a notice under subsection (3) above, the High Court may, on the application of the Rail Regulator, make such order as it thinks fit for requiring the default to be made good.

(5)An order under subsection (4) above may provide that all the costs or expenses of and incidental to the application under that subsection shall be borne by the person in default or, in the case of a company or other association, by any of its officers who are responsible for its default.

(6)In this section—

references to the Rail Regulator’s regulatory functions are to the functions assigned or transferred to him under or by virtue of Part I of the Railways Act 1993.

22Restriction of functions in relation to competition etc

(1)The Rail Regulator shall not be entitled to exercise any functions under section 67(1) of the [1973 c. 41.] Railways Act 1993 (under which he may be required to exercise the Director General of Fair Trading’s consumer protection functions under Part III of the Fair Trading Act 1973, so far as relating to courses of conduct detrimental to consumers of railway services) in relation to a course of conduct persisted in by a rail link undertaker in relation to the supply of railway services, so far as relating to the rail link.

(2)The functions of the Rail Regulator, so far as relating to monopoly situations which exist or may exist in relation to the supply of railway services, shall not be exercisable by him in relation to the supply by a rail link undertaker of railway services, so far as relating to the rail link.

(3)The functions of the Rail Regulator, so far as relating to courses of conduct which have or are intended to have or are likely to have the effect of restricting, distorting or preventing competition in connection with the supply of railway services, shall not, in the case of a course of conduct pursued by a rail link undertaker, be exercisable by the Regulator by reference to the effect of the course of conduct on the supply of railway services, so far as relating to the rail link.

(4)Section 67(4) of the [1993 c. 43.] Railways Act 1993 (duty of the Director General of Fair Trading to consult the Rail Regulator about the exercise of concurrent functions) shall not have effect to require the Director to consult the Regulator about the exercise of any function which the Regulator is prevented by subsection (2) or (3) above from exercising.

(5)In this section, “railway services” has the same meaning as in the Railways Act 1993.

Competition

23Restrictive trade practices

(1)The [1976 c. 34.] Restrictive Trade Practices Act 1976 (“the 1976 Act”) shall not apply to any development agreement and shall be deemed never to have applied to any such agreement.

(2)Where two or more persons are specified under section 34 below as the nominated undertaker for the same purpose of the same provision, the Secretary of State may by order provide that the persons so specified and any body corporate which is a member of the same group as any of them shall be deemed to be members of one and the same group of interconnected bodies corporate for the purposes of the 1976 Act in relation to any scheduled works agreement.

(3)Section 24 of the 1976 Act (time limit for registering particulars of agreements subject to registration) shall apply in relation to an agreement which becomes subject to registration under that Act by virtue of the revocation of an order under subsection (2) above as it applies in relation to an agreement which becomes subject to registration under that Act by virtue of the expiry or revocation of an order under section 29 of that Act (power to exempt agreements of importance to the national economy from registration).

(4)The Secretary of State may, in relation to a scheduled works agreement, make an order under section 29 of the 1976 Act after, as well as on or before, the conclusion of the agreement; and, on the coming into force of an order made by virtue of this subsection, that Act shall be deemed not to have applied to the agreement concerned.

(5)Before making an order under section 29 of the 1976 Act in relation to a scheduled works agreement, the Secretary of State shall consult the Director General of Fair Trading.

(6)Section 29(2) of the 1976 Act (conditions which the Secretary of State must be satisfied are met before approving an agreement) shall have effect, in relation to a scheduled works agreement, with the substitution for paragraph (b) of—

(b)that its object or main object is the facilitation of the design, construction, financing, maintenance or operation of any of the scheduled works within the meaning of the Channel Tunnel Rail Link Act 1996;.

(7)Without prejudice to the powers of revocation conferred by subsection (5) of section 29 of the 1976 Act, the Secretary of State may at any time by order revoke an order made under that section in relation to a scheduled works agreement if—

(a)he is requested to do so by a party to the agreement, and

(b)he has given to each of the parties to the agreement at least 28 days' notice of his intention to make the order.

(8)Where the Secretary of State approves a scheduled works agreement for the purposes of section 29 of the 1976 Act, he may by order provide that, in relation to any agreement made in pursuance of the approved agreement which is of a class specified in the order, such of the parties to the approved agreement as may be so specified and any body corporate which is a member of the same group as any of them shall be deemed to be interconnected bodies corporate for the purposes of that Act.

24Monopoly situations

(1)Where two or more persons are specified under section 34 below as the nominated undertaker for the same purpose of the same provision, the Secretary of State may by order provide that the persons so specified and any body corporate which is a member of the same group as any of them shall be deemed to be members of one and the same group of interconnected bodies corporate for the purposes of the relevant monopoly provisions of the [1973 c. 41.] Fair Trading Act 1973 (“the 1973 Act”).

(2)Where the Secretary of State approves a scheduled works agreement for the purposes of section 29 of the [1976 c. 34.] Restrictive Trade Practices Act 1976, he may by order provide that, in relation to any relevant goods or services, such of the parties to the agreement as may be specified in the order and any body corporate which is a member of the same group as any of them shall be deemed for the purposes of the relevant monopoly provisions of the 1973 Act to be members of one and the same group of interconnected bodies corporate.

(3)In subsection (2) above, the reference to any relevant goods or services is to any goods or services which are—

(a)supplied in connection with the design, construction, financing, maintenance or operation of any of the scheduled works, and

(b)of a description specified in the order.

(4)For the purposes of subsections (1) and (2) above, the relevant monopoly provisions of the 1973 Act are sections 6(1)(b) (monopoly situation in relation to the supply of goods by or to members of one and the same group of interconnected companies) and 7(1)(b) (corresponding provision in relation to the supply of services).

25Anti-competitive practices

(1)Where two or more persons are specified under section 34 below as the nominated undertaker for the same purpose of the same provision, the Secretary of State may by order provide that the persons so specified and any body corporate which is a member of the same group as any of them shall be deemed to be persons who are to be treated as associated for the purposes of section 2 of the [1980 c. 21.] Competition Act 1980.

(2)Where the Secretary of State approves a scheduled works agreement for the purposes of section 29 of the Restrictive Trade Practices Act 1976, he may by order provide that, in relation to any relevant course of conduct, such of the parties to the agreement as may be specified in the order and any body corporate which is a member of the same group as any of them shall be deemed to be persons who are to be treated as associated for the purposes of section 2 of the [1980 c. 21.] Competition Act 1980.

(3)In subsection (2) above, the reference to any relevant course of conduct is to any course of conduct engaged in in connection with the design, construction, financing, maintenance or operation of any of the scheduled works.

26Sections 23 to 25: supplementary provisions

(1)Before exercising the power conferred by section 23(2) or (8), 24(1) or (2) or 25(1) or (2) above, the Secretary of State shall consult the Director General of Fair Trading.

(2)An order under section 23(2) or (8), 24(1) or (2) or 25(1) or (2) above may impose, on any person to whom any provision made under that subsection relates, such requirements as the Secretary of State considers it expedient to impose in connection with that provision.

(3)Subsections (3) and (4) of section 93 of the [1973 c. 41.] Fair Trading Act 1973 (enforcement of directions) shall apply in relation to requirements imposed under subsection (2) above as they apply in relation to directions under section 90(7) of that Act.

(4)Orders under section 23(2) or (8), 24 or 25 above, and orders made by virtue of section 23(4) above, shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5)In sections 23 to 25 above, “group” means a body corporate and all other bodies corporate which are its subsidiaries within the meaning of the [1985 c. 6.] Companies Act 1985.

Trees

27Power to deal with trees on neighbouring land

(1)Where any tree overhangs land used for the purposes of the nominated undertaker’s undertaking under this Part of this Act, the nominated undertaker may by notice to the occupier of the land on which the tree is growing require the tree to be removed, topped or lopped if it is necessary for that to be done—

(a)to enable the works authorised by this Part of this Act to be maintained, or

(b)for reasons of safety in connection with the operation of any railway comprised in those works.

(2)If, within the period of 28 days beginning with the giving by the nominated undertaker of a notice under subsection (1) above, the occupier of the land on which the tree to which the notice relates is growing gives the nominated undertaker a counter-notice objecting to the removal, topping or lopping of the tree, the notice shall have effect only if confirmed by an order of the county court.

(3)If at any time a notice under subsection (1) above has not been complied with and either—

(a)a period of 28 days beginning with the giving of the notice has expired without a counter-notice having been given, or

(b)an order of the court confirming the notice has come into force,

the nominated undertaker may itself cause the tree to which the notice relates to be removed, topped or lopped as mentioned in subsection (1) above.

(4)Where the power conferred by subsection (3) above is exercisable in relation to any tree, the nominated undertaker may—

(a)enter the land on which the tree is growing for the purpose of exercising that power in relation to it, and

(b)take with it such vehicles and equipment as are necessary for that purpose.

(5)Where the nominated undertaker tops or lops a tree in exercise of the power conferred by subsection (3) above, it shall do so in a husband-like manner and in such a way as to cause the minimum of damage to the tree.

(6)Where—

(a)a notice under subsection (1) above is complied with either without a counter-notice having been given or after the notice has been confirmed, or

(b)the nominated undertaker exercises the power conferred by subsection (3) above,

the county court shall, on application made by a person who has suffered loss or damage in consequence of the removal, topping or lopping of the tree concerned or who has incurred expenses in complying with the notice, order the nominated undertaker to pay that person such compensation in respect of the loss, damage or expenses as it thinks fit.

28Disapplication of controls

(1)The following, namely—

(a)an order under section 198(1) of the [1990 c. 8.] Town and Country Planning Act 1990 (tree preservation orders), and

(b)section 211(1) of that Act (which prohibits the doing in a conservation area of any act which might be prohibited by a tree preservation order),

shall not apply to any tree works which are authorised for the purposes of this section.

(2)Tree works are authorised for the purposes of this section if—

(a)they are carried out in compliance with a notice under subsection (1) of section 27 above or in exercise of the power conferred by subsection (3) of that section,

(b)they are carried out in relation to a tree growing on land within the relevant limits and for the purposes of or in connection with the construction of the works authorised by this Part of this Act, or

(c)they are carried out in relation to a tree growing on land used for the purpose of the nominated undertaker’s undertaking under this Part of this Act and in circumstances where it is necessary for them to be carried out—

(i)to enable the works authorised by this Part of this Act to be maintained, or

(ii)for reasons of safety in connection with the operation of any railway comprised in those works.

(3)In subsection (2)(b) above, the reference to land within the relevant limits is to land within the limits of deviation for the scheduled works or within the limits of land to be acquired or used.

(4)In this section, references to tree works are to works consisting of the removal, topping or lopping of a tree.

Noise

29Control of construction sites: appeals

(1)In the [1974 c. 40.] Control of Pollution Act 1974, sections 60 (control of noise on construction sites) and 61 (prior consent for work on construction sites) shall have effect, in relation to works carried out in exercise of the powers conferred by this Part of this Act, with the following modifications.

(2)In subsection (7) (appeal against failure to give consent or the giving of qualified consent), for “a magistrates' court” there shall be substituted “the Secretary of State”.

(3)After that subsection there shall be inserted—

(7A)If within seven days of the giving of notice of appeal under subsection (7) of this section the appellant and the local authority so agree, the appeal shall, instead of being determined by the Secretary of State, be referred to arbitration.

(4)The Secretary of State for the Environment and the Secretary of State for Transport acting jointly may by regulations made by statutory instrument make in relation to appeals which are referred to arbitration under subsection (7A) of section 60 or 61 of the Control of Pollution Act 1974 any such provision as may be made by regulations under section 70 of that Act in relation to appeals under Part III of that Act to the Secretary of State.

30Proceedings in respect of statutory nuisance: defence

(1)Where proceedings are brought under section 82(1) of the [1990 c. 43.] Environmental Protection Act 1990 (summary proceedings by person aggrieved by statutory nuisance) in relation to a nuisance falling within paragraph (g) of section 79(1) of that Act (noise emitted from premises so as to be prejudicial to health or a nuisance) no order shall be made, and no fine may be imposed, under section 82(2) of that Act if the defendant shows—

(a)that the nuisance relates to premises used by the nominated undertaker for the purposes of or in connection with the exercise of the powers conferred by this Part of this Act with respect to works, and

(b)that the nuisance is attributable to the carrying out of works which are being carried out in accordance with a notice served under section 60, or a consent given under section 61 or 65, of the Control of Pollution Act 1974.

(2)The following provisions of the Control of Pollution Act 1974, namely—

(a)section 61(9) (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990), and

(b)section 65(8) (corresponding provision in relation to consent for registered noise level to be exceeded),

shall not apply where the consent relates to the use of premises by the nominated undertaker for the purposes of or in connection with the exercise of the powers conferred by this Part of this Act with respect to works.

Financial matters

31Expenditure in connection with securing construction of works

(1)The Secretary of State may make payments under any agreement entered into by him for the purpose of securing the construction of—

(a)any of the works authorised by this Part of this Act, or

(b)any related works.

(2)For the purposes of this section, the following are related works—

(a)a station at Stratford, in the London Borough of Newham, for use in connection with the rail link, and

(b)a railway providing access between the rail link and the West Coast Main Line by means of a connection to the North London Line.

32Reserved capacity on the rail link: expenditure

(1)The Secretary of State may make payments to the nominated undertaker, or its nominee, in pursuance of an agreement for the payment, for such period as may be specified in the agreement, of such sum as may be so specified for the reservation of rights of use in relation to the rail link.

(2)The Secretary of State may make, to any person charged with responsibility in relation to the selection of persons to exercise rights of use in relation to the rail link which are reserved to the Secretary of State under an agreement with the nominated undertaker (“reserved rights of use”), such payments in respect of the discharge of that responsibility as the Secretary of State thinks fit.

(3)The Secretary of State may give to any person exercising reserved rights of use such financial assistance in relation to the exercise of those rights as he thinks fit.

(4)Financial assistance under subsection (3) above shall be on such terms and subject to such conditions as the Secretary of State thinks fit.

33Undertakings with respect to financial assistance etc

(1)Any undertaking of the Secretary of State which—

(a)is given with respect to applications for assistance of a kind to which subsection (2) below applies, and

(b)is contained in a development agreement,

shall be effective notwithstanding that it fetters his discretion.

(2)This subsection applies to—

(a)any kind of financial or other assistance in relation to an existing railway line which might allow it to be used to provide a line speed in excess of 200 kilometres per hour before 31st December 2030, and

(b)any kind of financial or other assistance which before that date would enable or assist a person to provide services or facilities for international rail passenger services.

Miscellaneous and general

34Holder of functions of nominated undertaker

(1)The Secretary of State may by order provide that a person specified in the order shall be the nominated undertaker for such purposes of such provisions of this Part of this Act as may be so specified.

(2)Where, in the case of any provision of this Part of this Act which refers to the nominated undertaker, there is any purpose of the provision for which there is no one who is the nominated undertaker under subsection (1) above, any reference in the provision to the nominated undertaker shall be construed, in relation to that purpose, as a reference to the Secretary of State.

(3)An agreement by the Secretary of State with respect to the exercise of his discretion under subsection (1) above shall be effective notwithstanding that it fetters his discretion.

(4)An order under subsection (1) above may contain such supplementary, incidental, consequential or transitional provision as the Secretary of State considers necessary or expedient in connection with the order.

(5)The Secretary of State may by order make such modifications of any provision of this Part of this Act referring to the Secretary of State, so far as applying for a purpose in relation to which subsection (2) above has effect, as appear to him to be necessary or expedient in consequence of his having functions by virtue of that subsection.

(6)The power to make an order under this section shall be exercisable by statutory instrument.

(7)A statutory instrument containing an order under subsection (5) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

35Transfer of functions relating to works

(1)If the Secretary of State acquires any land for the purposes of this Part of this Act from a railway operator and there are situated on the land works authorised by statute, he may by order provide for the transfer of any statutory power or duty relating to the works previously exercisable by the railway operator—

(a)to him, or

(b)to a person specified under section 34 above.

(2)The Secretary of State may by order provide for the further transfer—

(a)to him, or

(b)to a person specified under section 34 above,

of a power or duty transferred under subsection (1) above or this subsection.

(3)If a railway operator acquires from the Secretary of State any land on which there are situated works authorised by this Part of this Act, the Secretary of State may, with the consent of the railway operator, by order provide for the transfer to the railway operator of any duty under this Part of this Act relating to the works.

(4)An order under this section may contain such supplementary, incidental, consequential or transitional provision as the Secretary of State considers necessary or expedient in connection with the order.

(5)In subsections (1) and (3) above, references to a railway operator are to a person who has the management for the time being of any network, station or light maintenance depot.

(6)In this section, “light maintenance depot”, “network” and “station” have the same meanings as in Part I of the [1993 c. 43.] Railways Act 1993.

36Compensation for injurious affection

Section 10(1) of the [1965 c. 56.] Compulsory Purchase Act 1965 (compensation for injurious affection) shall have effect, in relation to land injuriously affected by the execution of works under this Part of this Act, with the substitution for “acquiring authority have” of “nominated undertaker has”.

37Duty to co-operate

(1)Where the nominated undertaker considers that a matter affects—

(a)the construction, maintenance or operation of the rail link, and

(b)the construction, maintenance or operation of a railway asset which is not a rail link asset,

it may by notice in writing require the operator of the asset to enter into an agreement with it about how the matter is to be dealt with.

(2)Where the operator of a railway asset which is not a rail link asset considers that a matter affects—

(a)the construction, maintenance or operation of the asset, and

(b)the construction, maintenance or operation of the rail link,

it may by notice in writing require the nominated undertaker to enter into an agreement with it about how the matter is to be dealt with.

(3)The terms of an agreement under subsection (1) or (2) above shall be such as the nominated undertaker and the operator of the asset may agree or, in default of agreement, as may be determined by arbitration.

(4)For the purposes of subsections (1) and (2) above a railway asset is a rail link asset if—

(a)in the case of a railway asset consisting of any network, station or light maintenance depot, it is comprised in the rail link, and

(b)in the case of a railway asset consisting of any train being used on a network, the network is comprised in the rail link.

(5)In this section—

38Disapplication and modification of miscellaneous controls

Schedule 10 to this Act (which makes provision for the disapplication and modification of miscellaneous statutory and other controls in relation to things done under this Part of this Act and otherwise for the purposes of this Part of this Act) shall have effect.

39Burial grounds

(1)Nothing in any enactment relating to burial grounds and no obligation or restriction imposed under ecclesiastical law or otherwise shall have effect to prohibit, restrict or impose any condition on the use of any land comprised in a burial ground for the purpose of constructing any of the works authorised by this Part of this Act.

(2)Subsection (1) above shall not apply in relation to land in which human remains are interred unless—

(a)the remains have been removed and reinterred or cremated in accordance with the provisions of Schedule 11 to this Act, and

(b)any monument to the deceased has been dealt with in accordance with those provisions,

and the other requirements of that Schedule, so far as relating to the nominated undertaker, have been complied with.

(3)Subsection (2) above shall not apply where the use of the land for the purpose mentioned in subsection (1) above does not involve disturbing the human remains which are interred in it.

(4)In this section (and Schedule 11 to this Act)—

and references to a monument to any person are to a monument commemorating that person, whether or not also commemorating any other person.

40Application of landlord and tenant law

(1)No enactment or rule of law regulating the rights and obligations of landlords and tenants shall apply in relation to the rights and obligations of the parties to a development agreement lease or a lease to which subsection (2) below applies—

(a)so as to exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter,

(b)so as to confer or impose on either party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease, or

(c)so as to restrict the enforcement (whether by action for damages or otherwise) by either party to the lease of any obligation of the other party under the lease.

(2)This subsection applies to a lease if it is granted by the Secretary of State and—

(a)it is one on the grant of which a development agreement, or an agreement connected with such an agreement, is conditional, or

(b)it contains a statement to the effect that it is granted for purposes connected with the construction or operation of the rail link.

(3)In this section, “development agreement lease” means a lease granted by the Secretary of State in pursuance of a development agreement, or an agreement connected with such an agreement, and references to a development agreement lease include any provisions of a development agreement, or an agreement connected with such an agreement, providing for the grant of a lease of any land by the Secretary of State.

(4)For the purposes of this section, an agreement is connected with a development agreement if the development agreement is expressed to be conditional upon it being entered into.

(5)This section shall be deemed to have come into force on 4th July 1995.

41Variation of development agreement: disapplication of s.2 of Law of Property (Miscellaneous Provisions) Act 1989

(1)Section 2(1) to (6) of the [1989 c. 34.] Law of Property (Miscellaneous Provisions) Act 1989 (under which a contract for the sale etc. of land can only be made by incorporating all the terms agreed in one document) shall not apply in relation to the variation of a development agreement.

(2)This section shall be deemed to have come into force on 31st May 1996.

42Related works: application of section 9 of the Transport and Works Act 1992

(1)If an application under section 6 of the [1992 c. 42.] Transport and Works Act 1992 (application for an order under section 1 of that Act) is made by a relevant undertaker, section 9 of that Act (procedure where the Secretary of State considers an application relates to proposals of national significance) shall have effect in relation to the application with the insertion at the end of subsections (1) and (2) of “or relate to, or to matters ancillary to, the construction of works which are related works for the purposes of section 31 of the Channel Tunnel Rail Link Act 1996”.

(2)In subsection (1) above, the reference to a relevant undertaker is to a person who, under section 34 above, is the nominated undertaker for any purpose of section 1(1) above, so far as relating to the rail link.

43Arbitration

(1)Where under this Part of this Act any difference is to be referred to arbitration, the difference shall be referred to, and settled by, a single arbitrator to be agreed between the parties or, in default of agreement, to be appointed on the application of either party, after notice in writing to the other, by the President of the Institution of Civil Engineers.

(2)The Secretary of State for the Environment and the Secretary of State for Transport acting jointly may by rules made by statutory instrument make provision about procedure in relation to arbitration under this Part of this Act.

Part IIThe A2 and M2 Improvement Works

44Authorised works

(1)The Secretary of State may construct the works specified in Part I of Schedule 12 to this Act (“the A2 and M2 improvement works”).

(2)Part II of that Schedule shall have effect for conferring on the Secretary of State powers in relation to—

(a)the stopping up of highways and the extinguishment of rights of way over them,

(b)the stopping up of access to premises, and

(c)temporary interference with highways,

for the purposes of or in connection with the construction of any of the A2 and M2 improvement works.

(3)Part III of that Schedule shall have effect—

(a)for treating highways constructed by the Secretary of State in pursuance of that Schedule as highways of specified descriptions,

(b)for transferring such of those highways as do not become trunk roads to the Kent County Council,

(c)for treating operations and works in pursuance of that Schedule as authorised under specified provisions of the [1980 c. 66.] Highways Act 1980,

(d)for treating certain provisions of that Schedule as provisions of instruments made under specified provisions of that Act, and

(e)for enabling traffic on any highway constructed in pursuance of that Schedule to be subject to regulation under the [1984 c. 27.] Road Traffic Regulation Act 1984 as soon as it is open for public use.

(4)Subject to subsection (5) below, the A2 and M2 improvement works shall be constructed in the lines or situations shown on the deposited plans and in accordance with the levels shown on the deposited sections.

(5)In constructing any of the A2 and M2 improvement works, the Secretary of State may—

(a)deviate laterally from the lines or situations shown on the deposited plans to any extent within the limits of deviation for that work so shown, and

(b)deviate vertically from the level shown for that work on the deposited sections—

(i)to any extent not exceeding 3 metres upwards, and

(ii)to any extent downwards.

45Acquisition of land

(1)The Secretary of State is authorised by this section to acquire compulsorily—

(a)so much of the land shown on the deposited plans within the limits of deviation for the A2 and M2 improvement works as may be required for or in connection with the works authorised by this Part of this Act, and

(b)so much of the land so shown within the limits of land to be acquired or used as may be so required.

(2)Without prejudice to the generality of subsection (1) above, the purposes for which land may be acquired under that subsection include, in the case of any land specified in columns (1) and (2) in Schedule 13 to this Act, the purpose specified in relation to that land in column (3) in that Schedule as one for which that land may be acquired or used.

(3)Part I of the [1965 c. 56.] Compulsory Purchase Act 1965, so far as not inconsistent with this Part of this Act, shall apply to an acquisition of land under subsection (1) above as it applies to a compulsory purchase to which Schedule 1 of the [1981 c. 67.] Acquisition of Land Act 1981 applies and as if this Part of this Act were a compulsory purchase order under that Act.

(4)In its application by virtue of subsection (3) above, the Compulsory Purchase Act 1965 shall have effect with the modifications set out in paragraph 3(2) to (4) of Schedule 4 to this Act.

(5)The [1981 c. 66.] Compulsory Purchase (Vesting Declarations) Act 1981 shall apply as if this Part of this Act were a compulsory purchase order.

(6)In its application by virtue of subsection (5) above, the Compulsory Purchase (Vesting Declarations) Act 1981 shall have effect with the modifications set out in paragraph 5(2) to (7) of Schedule 4 to this Act, except that, in paragraph 5(7) of that Schedule, for “section 4(1)” there shall be substituted “section 45(1)”.

(7)The [1845 c. 18.] Lands Clauses Consolidation Act 1845 shall not apply to the acquisition of land under subsection (1) above.

46Blight: compensation for pre-enactment acquisition

(1)This section applies to land which is blighted land under paragraph 16 of Schedule 13 to the [1990 c. 8.] Town and Country Planning Act 1990 (route of proposed special road “blighted land” for the purposes of Chapter II of Part VI of that Act on the Secretary of State notifying the local planning authority of his intention and identifying the proposed route) by virtue of steps taken by the Secretary of State in relation to the A2 and M2 improvement works.

(2)Where by virtue of section 154(2) of the Town and Country Planning Act 1990 (effect of valid blight notice) the Secretary of State is deemed—

(a)to have served a notice to treat in respect of an interest in land to which this section applies, and

(b)to have done so on a date prior to the day on which this Act is passed,

this Act shall be deemed, for the purpose of applying section 6 of the [1961 c. 33.] Land Compensation Act 1961 (disregard of actual or prospective development in certain cases) to the assessment of compensation for the acquisition of the interest, to have been passed before the date on which the notice to treat is deemed to have been served.

(3)In this section, “blight notice” means a notice served under section 150, 161 or 162 of the Town and Country Planning Act 1990.

(4)This section shall be deemed to have come into force on 23rd November 1994.

Part IIIMiscellaneous and General

47Time limit for powers of compulsory acquisition

(1)After the end of the period of 5 years beginning with the day on which this Act is passed—

(a)no notice to treat shall be served under Part I of the [1965 c. 56.] Compulsory Purchase Act 1965, as applied to the acquisition of land under section 4(1) or 45(1) above, and

(b)no declaration shall be executed under section 4 of the [1981 c. 66.] Compulsory Purchase (Vesting Declarations) Act 1981, as applied by section 45(5) above or paragraph 4 of Schedule 4 to this Act.

(2)The Secretary of State may by order extend the period under subsection (1) above in relation to any land.

(3)An order under subsection (2) above shall be subject to special Parliamentary procedure.

48Power to acquire land by reference to combined effect of works

(1)The Secretary of State may acquire by agreement land the enjoyment of which is, or will in his opinion be, seriously affected by the combined effect of—

(a)the carrying out of works for the construction of any of the rail link works or the use of any of those works, and

(b)the carrying out of works for the construction of any of the A2 and M2 improvement works or the use of any of those works,

if the interest of the vendor is a qualifying interest.

(2)Subsection (1) above shall not apply in relation to land which may be acquired, by reference to the A2 and M2 improvement works, under section 246(2) or (2A) of the [1980 c. 66.] Highways Act 1980.

(3)Subsection (1) above shall not apply in relation to an interest which is the subject of a claim for compensation under Part I of the [1973 c. 26.] Land Compensation Act 1973 (compensation for depreciation caused by use of public works).

(4)The power conferred by subsection (1) above—

(a)so far as exercisable by reference to the carrying out of works for the construction of any work, shall only be exercisable if the acquisition is begun before the work’s opening date, and

(b)so far as exercisable by reference to the use of any work, shall only be exercisable if the acquisition is begun before the end of one year after the work’s opening date.

(5)For the purposes of subsection (4) above—

(a)the acquisition of any land shall be treated as begun when the agreement for its acquisition is made, and

(b)a work’s opening date is—

(i)in the case of a work consisting of a highway, the date on which it is first opened to public traffic, and

(ii)in the case of any other work, the date on which it is first used after completion.

(6)In this section—

49Noise insulation regulations: procedure

Section 20 of the [1973 c. 26.] Land Compensation Act 1973 (sound-proofing of buildings affected by public works) shall have effect, in relation to regulations under that section which relate only to noise caused or expected to be caused by the construction or use of works authorised by this Act, with the substitution for subsection (9) of—

(9)An instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

50Overhead lines

(1)Section 37(1) of the [1989 c. 29.] Electricity Act 1989 (which requires the consent of the Secretary of State to overhead lines) shall not apply in relation to any electric line which—

(a)for the purposes of or in connection with the exercise of any of the powers conferred by Part I of this Act with respect to works, or

(b)in pursuance of any provision of Schedule 15 to this Act,

is installed above land within the limits of deviation for the scheduled works or within the limits of land to be acquired or used.

(2)Schedule 14 to this Act (which makes alternative provision for consent in relation to lines to which subsection (1) above applies) shall have effect.

(3)On the revocation or expiry of consent under Schedule 14 to this Act, the line to which the consent relates shall cease to be a line to which subsection (1) above applies.

(4)On granting consent under Schedule 14 to this Act to electricity undertakers, the appropriate Ministers may direct that planning permission shall be deemed to be granted for the carrying out of development to which the consent relates, subject to such conditions (if any) as may be specified in the direction.

(5)In subsection (4) above—

(a)“electricity undertakers” means the holder of a licence under section 6 of the Electricity Act 1989, and

(b)the reference to the appropriate Ministers is to the Secretary of State for Trade and Industry and the Secretary of State for Transport acting jointly.

51Replacement concrete batching facilities at St. Pancras

(1)Planning permission shall be deemed to be granted under Part III of the [1990 c. 8.] Town and Country Planning Act 1990 for the construction of concrete batching facilities on land at St. Pancras in London within the relevant limits.

(2)The planning permission deemed by subsection (1) above to be granted shall be deemed to be granted subject to a condition specifying the siting, design, external appearance and landscaping of the development as reserved matters for the subsequent approval of the local planning authority.

(3)Section 10 above shall apply in relation to the planning permission deemed by subsection (1) above to be granted as it applies in relation to the planning permission deemed by subsection (1) of section 9 above to be granted, so far as relating to development to which subsection (2) or (4) of that section applies.

(4)The carrying out or maintenance of any work on land within the relevant limits is authorised by virtue of this section if it is done in accordance with the planning permission deemed by subsection (1) above to be granted, notwithstanding that it involves—

(a)interference with an interest or right to which subsection (5) below applies, or

(b)a breach of a restriction as to the user of land by virtue of a contract.

(5)The interests and rights to which this subsection applies are any easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right of support.

(6)In respect of any interference or breach in pursuance of subsection (4) above, compensation shall be—

(a)payable under section 7 or 10 of the [1965 c. 56.] Compulsory Purchase Act 1965, and

(b)assessed in the same manner and subject to the same rules as in the case of other compensation under those sections in respect of injurious affection where—

(i)the compensation is to be estimated in connection with a purchase under that Act, or

(ii)the injury arises from the execution of works on land acquired under that Act.

(7)Nothing in subsection (4) above shall be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than such an interference or breach as is mentioned in that subsection.

(8)In this section, references to the relevant limits are to the limits of land for concrete batching facilities which are shown on the deposited plans.

52Protection of interests

(1)Schedule 15 to this Act shall have effect for protecting the interests of the bodies and persons specified in that Schedule (being bodies and persons who may be affected by other provisions of this Act).

(2)The provisions of Schedule 15 to this Act shall be treated for the purposes of Part I of this Act as provisions of that Part.

53Correction of deposited plans

(1)If the deposited plans or the book of reference to those plans are inaccurate in their description of any land, or in their statement or description of the ownership or occupation of any land, the Secretary of State, after giving not less than 10 days' notice to the owners and occupiers of the land in question, may apply to two justices having jurisdiction in the place where the land is situated for the correction of the plans or book of reference.

(2)If on such an application it appears to the justices that the misstatement or wrong description arose from mistake or inadvertence, the justices shall certify accordingly and shall in their certificate state in what respect a matter is misstated or wrongly described.

(3)The certificate shall be deposited in the office of the Clerk of the Parliaments and a copy of it in the Private Bill Office of the House of Commons and with the proper officer of each county council or London borough council in whose area the land to which the certificate relates is situated, and thereupon the deposited plans or book of reference shall be deemed to be corrected according to the certificate and it shall be lawful for the Secretary of State, in accordance with the certificate, to proceed under this Act as if the deposited plans or book of reference had always been in the corrected form.

(4)A copy certificate deposited under subsection (3) above shall be kept with the documents to which it relates.

(5)A justice of the peace may act under this section in relation to land which is partly in one area and partly in another if he may act as respects land in either area.

(6)In this section, “book of reference” means the book deposited in connection with the Channel Tunnel Rail Link Bill in the office of the Clerk of the Parliaments and the Private Bill Office of the House of Commons in November 1994 together with the books so deposited in November and December 1995.

54Service of documents

(1)Any document required or authorised to be served on any person under this Act may be served—

(a)by delivering it to him or by leaving it at his proper address or by sending it by post to him at that address, or

(b)if the person is a body corporate, by serving it in accordance with paragraph (a) above on the secretary of that body, or

(c)if the person is a partnership, by serving it in accordance with paragraph (a) above on a partner or a person having control or management of the partnership business.

(2)For the purposes of this section and section 7 of the [1978 c. 30.] Interpretation Act 1978 (which relates to the service of documents by post) in its application to this section, the proper address of any person on whom a document is to be served shall be his last known address, except that—

(a)in the case of service on a body corporate or its secretary, it shall be the address of the registered or principal office of the body;

(b)in the case of service on a partnership or a partner or a person having the control or management of a partnership business, it shall be the address of the principal office of the partnership;

and for the purposes of this subsection the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.

(3)If a person to be served under this Act with any document by another has specified to that other an address within the United Kingdom other than his proper address (as determined under subsection (2) above) as the one at which he or someone on his behalf will accept documents of the same description as that document, that address shall also be treated as his proper address for the purposes of this section and for the purposes of section 7 of the [1978 c. 30.] Interpretation Act 1978 in its application to this section.

(4)Where a document is required or authorised to be served under this Act on a person in his capacity as the owner of an interest in, or occupier of, any land and his name or address cannot be ascertained after reasonable enquiry, the document may be served by addressing it to him by name or by the description of “owner” or “occupier”, as the case may be, of the land and—

(a)leaving it with a person who is, or appears to be, resident or employed on the land, or

(b)leaving it conspicuously affixed to some building or object on or near the land.

(5)In this section “secretary”, in relation to a local authority within the meaning of the [1972 c. 70.] Local Government Act 1972, means the proper officer within the meaning of that Act.

55Financial provision

There shall be paid out of money provided by Parliament any expenditure of the Secretary of State under this Act.

56Interpretation

(1)In this Act, except where the context otherwise requires—

(2)References in this Act to the nominated undertaker shall be read in accordance with section 34 above.

(3)In this Act—

(a)a reference to a highway or any other place identified by letters and numbers is a reference to the highway or place shown as such on the deposited plans,

(b)a reference to a work identified by a number (or a number and a letter) is a reference to the scheduled work or, as the case may be, the A2 and M2 improvement work of that number (or number and letter),

(c)references to specified distances shall be construed as if the words “or thereabouts” were inserted after each such distance, distances between points on a road or railway being measured along the centre line of the road or railway.

57Short title

This Act may be cited as the Channel Tunnel Rail Link Act 1996.

SCHEDULES

Section 1.

SCHEDULE 1Scheduled Works

Description of works

1The works which the nominated undertaker is authorised by section 1 above to construct and maintain are the following—

Interpretation

2In paragraph 1 above—

Section 2.

SCHEDULE 2Works: Further and Supplementary Provisions

Subsidiary works

1(1)The nominated undertaker may, for the purposes of or in connection with the scheduled works, do any of the following within the limits of deviation for those works or within the limits of land to be acquired or used—

(a)make, provide and maintain all such approaches, bridges, subways, interchanges, roundabouts, turning places, lifts, stairs, escalators, ramps, passages, means of access, shafts, stagings, buildings, apparatus, plant and machinery as may be necessary or convenient,

(b)make junctions and communications (including the provision of steps or ramps for the use of persons on foot) with any highway or access way intersected or interfered with by, or contiguous to, any of those works, and widen or alter any highway or access way for the purpose of connecting it with any of those works or another highway, or of crossing under or over the highway or access way,

(c)construct, provide and maintain all such embankments, aprons, abutments, retaining walls, wing walls, culverts and other works as may be necessary or convenient,

(d)alter or remove any structure erected upon any highway or adjoining land,

(e)alter the position of apparatus, including mains, sewers, drains and cables,

(f)alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses, and

(g)carry out and maintain such other works, of whatever description, as may be necessary or expedient.

(2)Sub-paragraph (1) above shall not authorise the making of any cut for drainage purposes which is more than 3.35 metres wide at the bottom.

Highway accesses

2Without prejudice to paragraph 1(1)(b) above, the nominated undertaker may, for the purposes of or in connection with the works authorised by this Part of this Act—

(a)form and lay out means of access, and

(b)improve existing means of access,

in the locations shown on the deposited plans.

Overhead line diversions

3(1)Without prejudice to paragraph 1(1)(e) above, the nominated undertaker may, for the purposes of, or in connection with, the works authorised by this Part of this Act, undertake the electric line diversions specified in the following table.

The Table

(1)(2)(3)
AreaOverhead line to be taken downNew overhead line to be provided
GREATER LONDON
London Borough of Barking and DagenhamBarking corridor 275kV overhead electric cable (ZBA) between points EC106, EC107 and EC108New overhead electric cable to be provided on land within the relevant limits between points EC106, EC109 and EC108 or thereabouts.
London Borough of Barking and Dagenham and London Borough of HaveringBarking corridor 275kV overhead electric cable (ZBA) between points EC87, EC88, EC89, EC1, EC2, EC3, EC4, EC5, EC6, EC7, EC8, EC9, EC10, EC11 and EC12New overhead electric cable to be provided on land within the relevant limits between points EC87, EC90, EC91, EC13, EC92, EC93, EC94, EC95, EC18, EC19, EC20, EC21, EC22 and EC12 or thereabouts.
London Borough of HaveringHavering overhead electric cable (ZBA) between points EC23, EC24 and EC25New overhead electric cable to be provided on land within the relevant limits between points EC23, EC26 and EC25 or thereabouts.
COUNTY OF ESSEX
Borough of ThurrockPurfleet Road 400kV overhead electric cable (ZR) between points EC103, EC27, EC28, EC29 and EC30New overhead electric cable to be provided on land within the relevant limits between points EC103, EC104, EC28, EC105 and EC30 or thereabouts.
Aveley 275kV overhead electric cable (ZBA) between points EC96, EC97, EC98 and EC99New overhead electric cable to be provided on land within the relevant limits between points EC96, EC100, EC101, EC102 and EC99 or thereabouts.
COUNTY OF KENT
Borough of Dartford, Parish of Swanscombe and GreenhitheDartford 132kV overhead electric cable (south) (PK) between points EC48, EC49 and EC50New overhead electric cable to be provided on land within the relevant limits between points EC48, EC51, EC52 and EC50 or thereabouts.
Borough of Dartford, Parish of Swanscombe and Greenhithe and Borough of Gravesham, Town of GravesendDartford 132kV overhead electric cable (north) (PJ) between points EC40, EC41, EC42, EC43 and EC44New overhead electric cable to be provided on land within the relevant limits between points EC40, EC45, EC42, EC46, EC47 and EC44 or thereabouts.
Borough of Dartford, Parish of Southfleet and Borough of Gravesham, Town of GravesendDartford 400kV overhead electric cable (4TP) between points EC53, EC54, EC55 and EC56New overhead electric cable to be provided on land within the relevant limits between points EC53, EC57, EC58 and EC56 or thereabouts.
Borough of Gravesham, Town of Gravesend and Borough of Dartford, Parish of Swanscombe and GreenhitheGravesend 400kV overhead electric cable (ZR) between points EC33, EC34, EC35 and EC36New overhead electric cable to be provided on land within the relevant limits between points EC33, EC37, EC38, EC39 and EC36 or thereabouts.
Borough of Gravesham, Town of GravesendPepper Hill 400kV overhead electric cable (YN) between points EC59, EC60, EC61 and EC62New overhead electric cable to be provided on land within the relevant limits between points EC59, EC63, EC64, EC65 and EC62 or thereabouts.
Borough of Gravesham, Parish of ShorneSinglewell 400kV overhead electric cable (4YN) between points EC66, EC67 and EC68New overhead electric cable to be provided on land within the relevant limits between points EC66, EC69 and EC68 or thereabouts.
Borough of Maidstone, Parish of BoxleyPilgrims Way 400kV overhead electric cable (TP) between points EC70, EC71 and EC72New overhead electric cable to be provided on land within the relevant limits between points EC70, EC73, EC74 and EC72 or thereabouts.
Boxley 132kV overhead electric cable (PN) between points EC75, EC76, EC77 and EC78New overhead electric cable to be provided on land within the relevant limits between points EC75, EC76, EC79 and EC78 or thereabouts.
Borough of Ashford, Parish of AldingtonSellindge 400kV overhead electric cable (VO) between points EC80 and EC81New overhead electric cable to be provided on land within the relevant limits between points EC80, EC82 and EC81 or thereabouts.
District of Shepway, Parish of SellindgeSellindge East 132kV overhead electric cable (PV) between points EC83, EC84 and EC85New overhead electric cable to be provided on land within the relevant limits between points EC83, EC86 and EC85 or thereabouts.

(2)In sub-paragraph (1) above, references to land within the relevant limits are to land within the limits of deviation for the scheduled works or within the limits of land to be acquired or used.

Mitigation and protection works

4The nominated undertaker may within the limits of deviation for the scheduled works or within the limits of land to be acquired or used—

(a)carry out and maintain landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of any of the works authorised by this Part of this Act, and

(b)carry out and maintain works for the benefit or protection of land affected by any of the works authorised by this Part of this Act.

Euston Road and York Way improvement works

5(1)The nominated undertaker may, within the limits of deviation for the scheduled works or within the limits of land to be acquired or used, carry out in Euston Road and York Way in the London Borough of Camden and their side roads, works for—

(a)the variation of the relative widths of carriageways and footways, or

(b)the division, or variation of the division, of carriageways (including the provision, or variation, of central reservations),

and works ancillary to any such works.

(2)The nominated undertaker may alter or remove any works executed by it under this paragraph.

(3)The exercise of the powers conferred by this paragraph shall be subject to the consent of the council of the London Borough of Camden, such consent not to be unreasonably withheld.

(4)Any dispute with the council of the London Borough of Camden under sub-paragraph (3) above shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.

Underpinning of buildings

6(1)This paragraph applies where it is necessary or expedient in consequence of or in connection with the construction of any of the works authorised by this Part of this Act to underpin or strengthen a building within the relevant distance of the work.

(2)The nominated undertaker may underpin or strengthen the building on giving at least 28 days' notice to the owners and occupiers of the building of its intention to do so.

(3)If, within 21 days of the giving of a notice under sub-paragraph (2) above, the person to whom the notice has been given gives to the nominated undertaker notice disputing that this paragraph applies, the question of its application shall be referred to arbitration.

(4)If, under sub-paragraph (3) above, the arbitrator decides that this paragraph does apply, he shall, if one of the parties to the dispute so requires, prescribe how the underpinning or strengthening is to be carried out.

(5)Where the underpinning or strengthening of a building under this paragraph cannot be carried out reasonably conveniently without entering land adjacent to the building, the nominated undertaker may, on giving at least 14 days' notice to the owners and occupiers of the adjacent land, enter the land (but not any building on it) and carry out the work.

(6)In case of emergency, the power conferred by sub-paragraph (2) or (5) above shall be exercisable without notice.

(7)For the purpose of deciding how to exercise its powers under this paragraph, the nominated undertaker may at any reasonable time enter and survey—

(a)any building within the relevant distance of any of the works authorised by this Part of this Act, or

(b)any land adjacent to such a building (but not any building on any such land).

(8)Section 6 of the [1981 c. 67.] Acquisition of Land Act 1981 (service of documents) shall apply to the service of notices under this paragraph with, in subsection (4), the substitution for the words from “authority” to “document is to be served” of “nominated undertaker”.

(9)In this paragraph—

7(1)This paragraph applies where it is necessary or expedient in consequence of or in connection with the construction of any of the works authorised by this Part of this Act further to underpin or strengthen a building which has been underpinned or strengthened under paragraph 6 above.

(2)The nominated undertaker may, at any time within the permitted period, further underpin or strengthen the building on giving at least 28 days' notice to the owners and occupiers of the building of its intention to do so.

(3)If, within 21 days of the giving of a notice under sub-paragraph (2) above, the person to whom the notice has been given gives to the nominated undertaker notice disputing that this paragraph applies, the question of its application shall be referred to arbitration.

(4)If, under sub-paragraph (3) above, the arbitrator decides that this paragraph does apply, he shall, if one of the parties to the dispute so requires, prescribe how the underpinning or strengthening is to be carried out.

(5)Where the underpinning or strengthening of a building under this paragraph cannot be carried out reasonably conveniently without entering land adjacent to the building, the nominated undertaker may, on giving at least 14 days' notice to the owners and occupiers of the adjacent land, enter the land (but not any building on it) and carry out the work.

(6)In case of emergency, the power conferred by sub-paragraph (2) or (5) above shall be exercisable without notice.

(7)For the purpose of deciding how to exercise its powers under this paragraph, the nominated undertaker may at any reasonable time enter and survey—

(a)any building which has been underpinned or strengthened under paragraph 6 above, or

(b)any land adjacent to such a building (but not any building on any such land).

(8)Section 6 of the [1981 c. 67.] Acquisition of Land Act 1981 (service of documents) shall apply to the service of notices under this paragraph with, in subsection (4), the substitution for the words from “authority” to “document is to be served” of “nominated undertaker”.

(9)In sub-paragraph (2) above, the reference to the permitted period is to the period beginning with the completion of the underpinning or strengthening under paragraph 6 above and ending 5 years after the date on which the work which necessitated the underpinning or strengthening was brought into general use.

(10)In this paragraph, “notice” means notice in writing.

8(1)Where the nominated undertaker exercises any power under paragraph 6 or 7 above, it shall compensate the owners and occupiers of the building or land in relation to which the power is exercised for any loss which they may suffer by reason of the exercise of the power.

(2)Any dispute as to a person’s entitlement to compensation under sub-paragraph (1) above, or as to the amount of the compensation, shall be determined under and in accordance with Part I of the [1961 c. 33.] Land Compensation Act 1961.

(3)Nothing in this paragraph shall affect liability to pay compensation under section 6 of the [1845 c. 20.] Railways Clauses Consolidation Act 1845, as incorporated with this Act, or section 10(2) of the [1965 c. 56.] Compulsory Purchase Act 1965, as applied to the acquisition of land under section 4(1) above, or under any other enactment, otherwise than for loss for which compensation is payable under sub-paragraph (1) above.

Discharge of water

9(1)The nominated undertaker may use any watercourse or any public sewer or drain for the drainage of water in connection with the construction or maintenance of the works authorised by this Part of this Act and for that purpose may lay down, take up and alter pipes and may, on any land within the limits of deviation for the scheduled works or within the limits of land to be acquired or used make connections with the watercourse, sewer or drain.

(2)The nominated undertaker shall not discharge any water into any public sewer or drain except with the consent of the person to whom it belongs; and such consent may be given subject to such terms and conditions as that person may reasonably impose but shall not be unreasonably withheld.

(3)The nominated undertaker shall not make any opening into any public sewer or drain except in accordance with plans approved by, and under the superintendence (if provided) of, the person to whom the sewer or drain belongs, but such approval shall not be unreasonably withheld.

(4)The nominated undertaker shall not, in the exercise of the powers conferred by this paragraph, damage or interfere with the beds or banks of any watercourse forming part of a main river.

(5)The nominated undertaker shall take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain under the powers conferred by this paragraph is as free as may be practicable from gravel, soil or other solid substance or oil or matter in suspension.

(6)This paragraph does not authorise the doing of anything prohibited by section 85(1), (2) or (3) of the [1991 c. 57.] Water Resources Act 1991 (offences of polluting controlled waters).

(7)Any dispute as to the giving of consent under this paragraph shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.

(8)In this paragraph—

(a)“public sewer or drain” means a sewer or drain which belongs to a sewerage undertaker, the Environment Agency, an internal drainage board, a local authority, an urban development corporation or a harbour authority within the meaning of the [1964 c. 40.] Harbours Act 1964,

(b)“watercourse” includes rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows, except a public sewer or drain, and

(c)other expressions used both in this paragraph and in the Water Resources Act 1991 have the same meanings as in that Act.

Entry for preparatory purposes

10(1)The nominated undertaker may, for the purposes of this Part of this Act—

(a)survey or investigate any land within the limits of deviation for the scheduled works or within the limits of land to be acquired or used or which may be affected by the works authorised by this Part of this Act,

(b)without prejudice to the generality of paragraph (a) above, make trial holes in such positions as it thinks fit on any such land to investigate the nature of the surface layer and subsoil and remove soil samples,

(c)without prejudice to the generality of paragraph (a) above, carry out archaeological investigations on any such land,

(d)take steps to protect or remove any flora or fauna on any such land which may be affected by the carrying out of the works authorised by this Part of this Act,

(e)place on, leave on and remove from any such land apparatus for use in connection with the exercise of any of the powers conferred by paragraphs (a) to (d) above, and

(f)enter on any such land for the purpose of exercising any of the powers conferred by paragraphs (a) to (e) above.

(2)No land may be entered, or equipment placed or left on or removed from land, under sub-paragraph (1) above unless at least 7 days' notice has been served on every owner and occupier of the land.

(3)The power conferred by paragraph (f) of sub-paragraph (1) above includes power to enter with such vehicles and equipment as are necessary for the purpose of exercising any of the other powers conferred by that sub-paragraph.

(4)Any person exercising the power conferred by sub-paragraph (1)(f) above on behalf of the nominated undertaker shall, if requested to do so, produce written evidence of his authority.

(5)This paragraph shall not authorise the making of trial holes in a carriageway or footway without the consent of the highway authority, but such consent shall not be unreasonably withheld.

(6)Any dispute as to the giving of consent under sub-paragraph (5) above shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.

(7)The nominated undertaker shall compensate the owners and occupiers of land in respect of which the powers conferred by this paragraph are exercised for any loss which they may suffer by reason of the exercise of those powers.

(8)Any dispute as to a person’s entitlement to compensation under sub-paragraph (7) above, or as to the amount of the compensation, shall be determined under and in accordance with Part I of the [1961 c. 33.] Land Compensation Act 1961.

Temporary interference with waterways

11(1)The powers conferred by this paragraph shall be exercisable for the purpose of, or in connection with, the exercise of the powers conferred by this Part of this Act in relation to Work No. 1A, 1AA, 1B, 1BB, 1C, 1CC, 1D, 1DD, 1EE, 1FF, 1HH, 1K, 2, 2A, 2AA, 2B, 2BB, 3, 3B, 3C, 5D(1), 6, 6G, 10, 10A, 10R(2), 13 or 22J.

(2)The nominated undertaker may—

(a)temporarily interfere with the relevant waterway, at any point within the limits of deviation for the scheduled works or within the limits of land to be acquired or used, by constructing or maintaining such temporary works, or by carrying out such dredging works, as it considers necessary or expedient,

(b)temporarily moor or anchor barges or other vessels or craft in the relevant waterway, or

(c)temporarily close the relevant waterway, or a part of it, to navigation.

(3)The power conferred by sub-paragraph (2)(c) above shall be exercised in a way which secures—

(a)that no more of the waterway is closed to navigation at any time than is necessary in the circumstances, and

(b)that, if complete closure of the waterway to navigation becomes necessary, all reasonable steps are taken to secure that the minimum obstruction, delay or interference is caused to vessels or craft which may be using or intending to use it.

(4)The nominated undertaker shall not be liable for any loss suffered, or costs or expenses incurred, by any person as a direct or indirect result of any closure of a waterway in accordance with this paragraph.

(5)In this paragraph, “relevant waterway” means—

(a)in relation to Works Nos. 1A, 1AA, 1B, 1BB, 1C, 1CC, 1D, 1DD, 1EE, 1FF, 1HH, 1K, 2, 2A, 2AA, 2B, 2BB, 3, 3B, 3C and 5D(1), the Regent’s Canal,

(b)in relation to Works Nos. 6 and 6G, the River Lea,

(c)in relation to Works Nos. 10, 10A, 10R(2) and 22J, the River Thames, and

(d)in relation to Work No. 13, the River Medway.

Section 3.

SCHEDULE 3Highways

Stopping up: non-level crossings

1(1)Subject to the provisions of this paragraph, the nominated undertaker may, in connection with the construction of the works authorised by this Part of this Act, stop up each of the highways or parts of highways specified, by reference to the letters and numbers shown on the deposited plans, in columns (1) and (2) of the following table.

(2)No highway or part of a highway specified in columns (1) and (2) of Part I of the following table shall be stopped up under this paragraph unless all the land which abuts on it falls within one or more of the following categories, namely—

(a)land to which there is no right of access directly from the highway or part to be stopped up,

(b)land to which there is reasonably convenient access otherwise than directly from the highway or part to be stopped up,

(c)land the owners and occupiers of which have agreed to the stopping up of the highway or part, and

(d)land which is in the possession of the Secretary of State.

(3)No highway or part of a highway specified in columns (1) and (2) of Part II of the following table shall be stopped up under this paragraph if a new highway is specified in relation to it in column (3) of that Part of the table, by reference to the letters and numbers shown on the deposited plans or by reference to scheduled works, until—

(a)where the new highway is provided in exercise of the powers conferred by this Part of this Act, the later of the date of practical completion and the date on which it is first open for public use, and

(b)where it is not, the date on which it is first open for public use.

(4)Where a new highway specified in column (3) of Part II of the following table is provided in exercise of the powers conferred by this Part of this Act, the date of practical completion of the highway, or the date on which it is first open for public use, shall be taken for the purposes of sub-paragraph (3) above to be what it is taken to be for the purposes of paragraph 11(2) below.

The Table

Highways to be Stopped Up

Part I

Highways to be Stopped Up Without Provision of Substitute

(1)(2)
AreaHighway or part to be stopped up
GREATER LONDON
London Borough of CamdenBattlebridge Road between points E3 and E4 Wellers Court between points F1 and F2 Clarence Passage between points G1 and G2 Stanley Passage between points H1 and H2
London Borough of Barking and DagenhamFootpath 47 between points M4 and M5
COUNTY OF ESSEX
Borough of ThurrockOliver Close between points F4 and F5
COUNTY OF KENT
Borough of Dartford, Parishes of Swanscombe and Greenhithe and SouthfleetAccess road adjoining A2 between points D6, D7 and D8
Borough of Gravesham, Town of GravesendFootpath NU15 between points D3 and D4
Borough of Gravesham, Parish of CobhamOld Watling Street (B395) between points K1 and K2
City of Rochester upon Medway, Parish of CuxtonFootpath RS 205 between points D1 and D2 Footpath RR 27 between points D2 and D3
Borough of Maidstone, Parish of HollingbourneMusket Lane between points A4 and A3
Borough of Maidstone, Parish of HarrietshamFootpath KH275 between points E5 and E3
Borough of Ashford, Parish of CharingFootpath AW47 between points K1 and K2
Borough of Ashford, Town of AshfordGasworks Lane (D4543) between points E1 and E2
Borough of Ashford, Parish of MershamFootpath AE 386 between points C10 and C11
Borough of Ashford, Parish of SmeethFootpath AE 434 between points C3 and C2
District of Shepway, Parishes of Saltwood and StanfordFootpath HE 346 between points A2 and A5 Stone Street between points B1 and B2
District of Shepway, Parish of SaltwoodFootpath HE 279 between points C9 and C10 Sandy Lane (D1752) between points C11 and C8

Part II

Highways to be Stopped Up Only on Provision of Substitute

(1)(2)(3)
AreaHighway or part to be stopped upNew highway to be substituted for it
GREATER LONDON
London Borough of CamdenMidland Road between points B1 and B2Work No. 5B
Pancras Road between points C1, B2 and C2Works Nos. 5B, 5C and 5D
Taxi Road between points D1, D2 and D3Works Nos. 5F and 5F(1)
Cheney Road between points E1, E2 and E3Work No. 5C
Goods Way between points K1 and K5Work No. 5D
Camley Street between points K4 and K6Works Nos. 5A and 5C
York Way between points L1 and L2Work No. 5Q
London Borough of IslingtonRandell’s Road between points A1 and A2Work No. 5Q(1)
London Borough of Barking and DagenhamPooles Lane between points M1 and M2Work No. 22H(1) between its commencement and its junction with Work No. 22H(2), and Work No. 22H(2)
Choats Manor Way between points M3 and M4Work No. 22H(1) between its commencement and its junction with Work No. 8P(3)
Choats Road between points L1 and L2Work No. 8P(3)
Hindmans Way between points L2 and L3Work No. 8P(3)
Chequers Lane between points L4 and L5Works Nos. 8P(3) and 8P(4)
Kent Avenue between points J1 and J2Work No. 8Q
Thames Avenue between points K1 and K2Work No. 8R
London Borough of HaveringCreekside between points C1 and C2Works Nos. 8S and 8T
Lamson Road between points D1 and D3Work No. 8S
COUNTY OF ESSEX
Borough of ThurrockFootpath FP145 between points L1 and L2New footpath between points L1, L3, L4, L5, L6, L7 and L2
Arterial Road, Purfleet between points M1 and M2Work No. 23C(1)
Purfleet Bypass between points M3 and M4Work No. 23C(3)
Tank Lane between points M5 and M6Work No. 23C(5) and Work No. 23C(4) between point M5 and its termination
Botany Way between points M8 and M9Works Nos. 23C(2), 23C(3) and 23C(5)
Footpath 167 between points N1 and N2New footpath between points N1, N3 and N2
Oliver Close (North) between points F1, F2 and F3Work No. 9B
Oliver Road between points G1 and G2Work No. 9C
Burnley Road and Watson Close between points H1, H2 and H3Work No. 9D
A1090 (Tank Hill Road) between points J8 and J2Work No. 23B(1) and new footpath between points J8 and J9
Access road to Purfleet Industrial Park between points J5 and J6Work No. 23B(1) between its commencement and its junction with Work No. 23B(2), and Work No. 23B(2)
COUNTY OF KENT
Borough of Dartford, Parish of Swanscombe and GreenhitheGreen Manor Way between points B1 and B2Works Nos. 10J and 10J(1)
Footpath DS17 between points D1 and D2New footpath between points D1, D3 and D2
Borough of Dartford, Parish of Swanscombe and Greenhithe and Borough of Gravesham, Town of GravesendLower Road between points B3 and B4Work No. 10J
Borough of Dartford, Parishes of Swanscombe and Greenhithe and SouthfleetPark Corner Road and Southfleet Road (B259) between points E1, E2 and E3Works Nos. 10S(2) and 10(T)(6) to 10T(8)
Access road between points F1 and F2Works Nos. 10S(2), 10T(1), 10T(4), 10T(6) and 10T(8)
Borough of Dartford, Parish of SouthfleetSlip road from A2 to Park Corner Road between points C1 and C2Work No. 10T(8)
Footpath DR132 between points B1 and B2New footpath between points B2 and B3
New Barn Road between points A1 and A2Work No. 11F
Hook Green Road between points D1 and D2Work No. 11D
Borough of Dartford, Parishes of Longfield and New Barn and SouthfleetWhitehill Road between points A1 and A2Work No. 11C
Borough of Dartford, Parish of Longfield and New Barn and District of Sevenoaks, Parish of Horton Kirby and South DarenthFootpath DR160 between points B1 and B2New footpath between points B1, B3, B4 and B2
Borough of Gravesham, Town of GravesendManor Way between points B5 and B6Work No. 10J(2)
Footpath NU14 between points A1 and A2New footpath between points A1, A3, A4 and A2
Footpath NU 7A between points B1 and B2New footpath between points B1, B3 and B2
Footpath NU14 between points C1 and C2New footpath between points C1, C3 and C2
Footpath NU16 between points D1 and D2New footpath between points D1 and D5
Bridleway NU24 between points F1 and F2New bridleway between points F1, F5, F6 and F2
Footpath NU23 between points F3 and F4New footpath between points F4 and F2
Downs Road between points G1 and G2Work No. 10P
Access road to Hazells between points H1 and H2Work No. 10Q
Bridleway NU27 between points J1 and J2New bridleway between points J1, J3, J4 and J2
Footpath NU29 between points L1 and L2New footpath between points L1, K3, L3 and L2
Footpath NU9 between points K1 and K2New footpath between points K1 and K3
Borough of Gravesham, Town of Gravesend and Parish of CobhamFootpaths NU18, NS193 and NG15 between points M1 and M4New footpath between points M4 and M5
Borough of Gravesham, Parish of CobhamChurch Road between points A1 and A2Work No. 12C and new footpath between points A3, A4, A5 and A2
Footpaths NG16 and NS175 between points B1 and B3Works Nos. 12C and 12D and new footpath between points B3 and B4
Henhurst Road between points C1 and C2Work No. 12D
Footpath NS177 between points D1 and D2Work No.12D and new footpaths between points D1 and D3 and between points D4 and D2
Access road between points E1, E4 and E2New access roads between points E1, E3 and E2 and between points E3 and E4
Scotland Lane (Byway NS195) between points F1 and F2Works Nos. 12E and 12F
Watling Street (B395) between points G1 and G2Work No. 12F
Access road between points F3 and F4Works Nos. 12E and 12F
Halfpence Lane (C492) and slip road to A2 between points H1 and H3Works Nos. 32B and 32C
Slip road from A2 to Halfpence Lane between points H4 and H2Work No. 32B
Footpath NS179 between points L1 and L2New footpaths between points L3 and L4 and between points L2 and L5
Access road between points M1 and M2Work No. 12L
Borough of Gravesham, Parish of ShorneA2 eastbound slip road between points J3 and J4Work No. 32A
Borough of Gravesham, Parishes of Cobham and ShorneBrewers Road between points J1 and J2Work No. 12H
Access road between points K3 and K2Work No. 12K
Footpath NS180 between points K2 and K4Work No. 12K
Footpath NS161 between points K6, K2, K8 and K5Work No. 12K and new footpath between points L5, K7 and K5
City of Rochester upon Medway, Town of Rochester and Parish of CuxtonFootpath RS203 between points B2 and B3New footpath between points B2, B5, B4 and B3
A228 (Rochester Road) between points C1 and C3Work No. 13A(4) and Work No. 36F between its commencement and its junction with Work No. 13A(4)
M2 westbound entry slip road between points C6 and C7Work No. 13A(2), Work No. 36C between its junction with Work No. 13A(2) and its termination, and Work No. 36E between its junction with Work No. 36C and its termination
M2 westbound exit slip road between points C8 and C7Work No. 13A(3) and Work No. 36E between its junction with Work No. 36C and its termination
M2 eastbound exit slip road between points C9 and C4Works Nos. 13A(1) and 13A(4) and Work No. 36F between its commencement and its junction with Work No. 13A(4)
City of Rochester upon Medway, Town of RochesterBurham Road (D422) between points A1 and A2Work No. 13B
Bridleway RR16 between points E4, E11 and E12Work No. 13C between its junction with Work No. 38F and its termination, Work No. 38F between point E13 and its termination, and new bridleway between points E4 and E13 (having a junction at point E4 with bridleway RR16 as existing, so far as not stopped up under paragraph 3 of Schedule 12 below, or, if so stopped up, with Work No. 38C)
City of Rochester upon Medway, Town of Rochester and Borough of Tonbridge and Malling, Parish of WouldhamBridleway MR11 (Stony Lane) between points A1 and A2Work No. 13C
Bridleway MR12 between points E12 and A1Work No. 13C
Borough of Tonbridge and Malling, Parish of AylesfordByway MR401 between points T1 and T2Work No. 13E
Borough of Maidstone, Parish of BoxleyBoarley Lane (D898) between points A1 and A2Work No. 13G
Footpath KH25 between points B1 and B2New footpath between points B1, B3 and B2
Boxley Road (C97) between points C1 and C2Work No. 13H
Footpath KH15 between points D1 and D2New footpath between points D1, D3 and D2
Borough of Maidstone, Parish of ThurnhamFootpath KH71 between points A1, A2 and A3New footpath between points A1, A4, A5 and A6
Thurnham Lane between points B1 and B2Work No. 14A
Bridleway KH123 between points C1, C2 and C3New bridleway between points C1 and C4
Water Lane between points D1 and D2Work No. 14B
Footpath KH130 between points E1, E4 and E2New footpaths between points E1, E3 and E2 and between points E3 and E4
Bridleway KH134 (Crismill Lane) between points F1 and F2Work No. 14C
Borough of Maidstone, Parishes of Thurnham and HollingbourneFootpath KH141 between points G1 and G2Work No. 14C and new footpath between points G3 and G2
Borough of Maidstone, Parish of HollingbourneFootpath KH132A between points A1 and A2New footpath between points A1 and A3
Footpath KH198 between points C1, C2 and C3New footpath between points C1, C4, C3 and C5
Hospital Road (D971) between points D1 and D2Work No. 14E
Borough of Maidstone, Parish of BroomfieldFootpath KH201 between points A1, A2 and A3Works Nos. 14F and 14G and new footpath between points A1, A4 and A5
Borough of Maidstone, Parishes of Broomfield and HollingbourneGreenway Court Road (D946) between points E1 and E2Works Nos. 14F and 14G
Borough of Maidstone, Parishes of Broomfield and HarrietshamA20 (Ashford Road) between points B1 and B2Work No. 14F
Borough of Maidstone, Parish of HarrietshamFootpath KH343 between points A1 and A5New footpaths between points A1, A2 and A4 and between points A2 and A3
Bridleway between points C1 and C2New bridleway between those points
Footpath KH272 between points E1, E2, E3 and E4New footpaths between points E1, E5 and E4 and between points E1 and E6
Footpath KH272A between points F1, F2 and F3New footpath between points F1, F4 and F5
Access road between points G1 and G2Work No. 14J
Borough of Maidstone, Parish of LenhamFootpath KH416 between points A1 and A2New footpath between points A1 and A3
Sandway Road (C92) between points C1 and C2Work No. 14L
Footpath KH414B between points D1 and D2Work No. 14L and new footpaths between points D3 and D1 and between points D4 and D5
Old Ham Lane (D986) between points E1 and E2Work No. 14M
Footpath KH415 between points F3, F1 and F2New footpath between points F4 and F5
Borough of Maidstone, Parishes of Boughton Malherbe and LenhamLenham Heath Road (C92) between points J1 and J2Work No. 14Q
Lenham Heath Road (C92) between points K1 and K2Work No. 14R
Bowley Lane between points L1 and L2Work No. 14S
Borough of Maidstone, Parish of LenhamAccess road to Water Street Cottage between points M1 and M2Works Nos. 14U and 14V
Hook Street between points P1 and P2Works Nos. 14U and 14V
Footpath KH408A between points Q1, Q2, Q3 and Q4New footpath between points Q1 and Q4
Footpath KH407A between points R1 and R2New footpath between points R1, R3, R4 and R2
Borough of Ashford, Parish of CharingBridleway AW58 between points D1, D2 and C3 and footpath AW17 between points C1 and C3New bridleway and footpath between points D1, C1 and D3
Hurst Lane (D1198) between points E1 and E2Works Nos. 15E and 15F
Newlands Road (D1199) between points F1 and F2Work No. 15F
Footpath AW30 between points G1 and G2New footpath between points G3 and G2
Borough of Ashford, Parishes of Charing and Little ChartLeacon Lane (D1220) between points J1 and J2 and between points J3 and J4Work No. 15H
Borough of Ashford, Parish of CharingFootpath AW44 between points L1 and L2New footpath between points L3, L4 and L2
Footpath AW40 between points M1 and M2New footpath between points M1, M3 and M2
Borough of Ashford, Parishes of Charing, Hothfield and WestwellA20 (Maidstone Road) at West Leacon between points P1 and P2 and between points P3 and P4Works Nos. 15K and 15L
Borough of Ashford, Parish of WestwellWestwell Lane (D1227) between points B1 and B2Work No. 15M
Footpath AW123 between points A1 and A2Work No.15M and new footpath between points A1 and A3
Footpath AW124 between points C1, C2 and C3Works Nos. 15M and 15N and new footpath between points C4 and C5
Footpath AW124 between points E1, E2 and E3New footpath between points E1 and E3
Borough of Ashford, Parishes of Hothfield and WestwellA20 (Maidstone Road) at Yonsea between points F1 and F2Work No. 15P
Borough of Ashford, Parish of HothfieldByway AW173 between points A1, A2 and A3New byway between points A4 and A3
Borough of Ashford, Parish of Hothfield and Town of AshfordGodinton Lane (C154) between points B1 and B2Work No. 15Q
Borough of Ashford, Town of AshfordFootpath AU67 between points A1 and A2New footpath between points A1 and A3
Godinton Road (B2074) between points C1 and C2Works Nos. 16G and 16H
Carlton Road (E1467) between points C4 and C5Work No. 16G
Footpath AU34 between points D1, D2 and D6New footpath between points D1, D3, D4, D5 and D6
Footpath AU37 between points F1 and F2Work No. 16M
Beaver Road (A2070) between points G1 and G2Work No. 16N
Footpath AU52 between points J1 and J2New footpath between points J1, J3, J4, J5 and J2
Boys Hall Road and Canterbury Road (E1466) between points P1 and P2Work No. 16QQ
Footpath AU51 between points Q1 and Q2Work No. 16RR(1) and Work No. 16RR between its junction with Work No. 16RR(1) and point Q2
Crowbridge Road (D4488) between points N1 and N2Work No. 16RR(1) and Work No. 16RR between its commencement and its junction with Work No. 16RR(1)
Borough of Ashford, Parish of SevingtonFootpath AE341 between points A1 and A2New footpath between points A1 and A5
Footpath AE343 between points A2, A7 and A3New footpath between points A5, A6 and A3
Footpath AE342 between points A2 and A4New footpath between points A5 and A8
Highfield Lane between points B5, B4, B6 and B7 and between points B8 and B9Works Nos. 17B, 17C and 17C(1)
Borough of Ashford, Parishes of Sevington and MershamFootpath AE344 between points C1 and C2 and footpath AE364 between points C2, C4 and C5New footpath between points C6, C7, C8, C9, C3 and C5
Borough of Ashford, Parish of MershamChurch Road (C177) between points B1 and B2 and between points B3 and B4Works Nos. 17F and 17G
Footpath AE369 between points D1 and D2New footpath between points D1 and D3
Borough of Ashford, Parishes of Mersham and SmeethFootpath AE373 between points E1 and E2New footpath between points E1, E3 and E2
Borough of Ashford, Parish of SmeethFootpath AE428 between points A1, A2 and A3 and footpath AE430 between points A2 and A4New footpath between points A3, A5, A1 and A4
Station Road (B2069) between points B1 and B2Work No. 17H
Footpath AE435 between points C1 and C8New footpath between points C1, C3, and C4
Footpath AE437 between points C7 and C5New footpath between points C7, C6, C4 and C5
Borough of Ashford, Parish of AldingtonChurch Lane (B1424) between points E1 and E2Work No. 17K
District of Shepway, Parish of SellindgeFootpath HE309 between points A1, A3 and A4New footpath between points A1, A2 and A4
Bridleway HE271A between points C1, C2 and C3New bridleway between points C1 and C4 and new footpath between points C1, C2 and C3
District of Shepway, Parish of StanfordFootpath HE274 between points A1, A2 and A4New footpath between points A1 and A4
District of Shepway, Parishes of Postling, Saltwood and StanfordFootpath HE227 between points B3, C1, C2, C3 and C4Work No.17N and new footpaths between points B3, B4 and C5 and between points C6 and C4
District of Shepway, Parishes of Postling and SaltwoodA20 (Ashford Road) between points B1 and B2Work No. 17Q and new footpath between points B3, B4 and B5
District of Shepway, Parish of SaltwoodFootpath HE294 between points A1 and A2Work No. 18H and new footpath between points A1 and A3
Footpath HE280 between points C1, C2 and C3New footpath between points C4 and C5
Footpath HE349 between points C3, C10, C6 and C7New footpath between points C8, C9 and C7
Bridleway HE350 between points C11 and C12New bridleway between points C12 and C8

2(1)Subject to the provisions of this paragraph, the nominated undertaker may, in connection with the construction of the works authorised by this Part of this Act, stop up any bridleway or footpath, or part of a bridleway or footpath, which is—

(a)within the limits of deviation for the scheduled works or within the limits of land to be acquired or used, and

(b)not specified in columns (1) and (2) of the table in paragraph 1 above.

(2)The power conferred by sub-paragraph (1) above shall not be exercised unless the proposed stopping up has been confirmed by the appropriate Ministers upon application by the nominated undertaker.

(3)The appropriate Ministers shall grant an application under sub-paragraph (2) above if, but only if, they are satisfied—

(a)that an alternative bridleway or footpath has been provided,

(b)that an alternative bridleway or footpath will be provided before the proposed stopping up takes place, or

(c)that the provision of an alternative bridleway or footpath is not required.

(4)Where the appropriate Ministers grant an application under sub-paragraph (2) above, they shall notify the nominated undertaker of the basis on which the application is granted.

(5)Where the basis on which an application under sub-paragraph (2) above is granted is that an alternative bridleway or footpath will be provided, the proposed stopping up shall not take place until the alternative has been provided.

(6)Before making an application under sub-paragraph (2) above, the nominated undertaker shall publish in at least one local newspaper circulating in the relevant area a notice—

(a)specifying—

(i)the bridleway or footpath, or part, proposed to be stopped up,

(ii)what, if any, alternative bridleway or footpath is proposed, and

(iii)if no alternative is proposed, the reasons why,

(b)specifying a place in the relevant area where a map or plan illustrating the proposals may be inspected by any person free of charge at all reasonable hours during a period of 28 days from the date of publication of the notice (“the publication date”),

(c)stating that any person may within that period make representations about confirmation under sub-paragraph (2) above of the proposed stopping up, and

(d)specifying the manner in which such representations may be made.

(7)Not later than the publication date, the nominated undertaker shall—

(a)serve a copy of the notice, together with any map or plan to which it refers, on every local authority whose area includes any of the land on which the bridleway or footpath, or part, proposed to be stopped up is situated, and

(b)cause a copy of the notice to be displayed in a prominent position at the ends of the bridleway or footpath, or part, proposed to be stopped up.

(8)Before granting an application under sub-paragraph (2) above, the appropriate Ministers shall consider any representations made to them in accordance with the nominated undertaker’s notice which have not been withdrawn.

(9)Unless they direct otherwise, the appropriate Ministers' functions in relation to an application under sub-paragraph (2) above shall, instead of being carried out by them, be carried out by a person appointed by them for the purpose.

(10)In sub-paragraph (6) above, references to the relevant area are to the area in which the bridleway or footpath, or part, proposed to be stopped up is situated.

(11)In sub-paragraph (7)(a) above, “local authority” means the council of a county, district, parish or London borough, a joint authority established by Part IV of the [1985 c. 51.] Local Government Act 1985, a housing action trust established under Part III of the [1988 c. 50.] Housing Act 1988 and the parish meeting of a rural parish not having a separate parish council.

(12)In this paragraph, references to the appropriate Ministers are to the Secretary of State for the Environment and the Secretary of State for Transport and, in relation to the carrying out of any functions, are to those Ministers acting jointly.

3(1)On a highway or part of a highway being stopped up under paragraph 1 or 2 above—

(a)all rights of way over or along it shall be extinguished, and

(b)the Secretary of State may appropriate and use, without making any payment, so much of the site of it as is bounded on both sides by land which he owns.

(2)The nominated undertaker shall compensate any person who suffers loss by the extinguishment under this paragraph of a private right of way.

(3)Any dispute as to a person’s entitlement to compensation under sub-paragraph (2) above, or as to the amount of such compensation, shall be determined under and in accordance with Part I of the [1961 c. 33.] Land Compensation Act 1961.

(4)The Secretary of State shall not be entitled to any mines or minerals under land which he is entitled to appropriate and use under sub-paragraph (1)(b) above, with the exception of minerals necessarily extracted or used in the construction of the undertaking which the nominated undertaker is authorised to carry on by this Part of this Act.

(5)Part III of Schedule 2 to the [1981 c. 67.] Acquisition of Land Act 1981 (regulation of the working of mines or minerals underlying an authorised undertaking) shall apply in relation to the working of any mines or minerals underlying land which the Secretary of State is entitled to appropriate and use under sub-paragraph (1)(b) above with the following modifications—

(a)references to the undertaking shall be construed as references to the undertaking which the nominated undertaker is authorised to carry on by this Part of this Act,

(b)in paragraphs 3 to 5 and 7 to 9, references to the acquiring authority shall be construed as references to the nominated undertaker, and

(c)in paragraph 6, the first of the references to the acquiring authority shall be construed as a reference to the nominated undertaker.

Stopping up: level crossings

4(1)The nominated undertaker may, in connection with the construction of the works authorised by this Part of this Act, stop up each of the highways or parts of highways specified, by reference to the letters and numbers shown on the deposited plans, in columns (1), (2) and (3) of the following table.

(2)The nominated undertaker shall construct the footbridges referred to in column (3) of the following table, but the power conferred by sub-paragraph (1) above shall be independent of the duty imposed by this sub-paragraph.

(3)On a highway or part of a highway being stopped up under this paragraph—

(a)all rights of way over or along it shall be extinguished, and

(b)the place where the former highway crossed the railway shall cease to be a level crossing for the purposes of any enactment.

(4)The nominated undertaker shall compensate any person who suffers loss by the extinguishment under this paragraph of a private right of way.

(5)Any dispute as to a person’s entitlement to compensation under sub-paragraph (4) above, or as to the amount of such compensation, shall be determined under and in accordance with Part I of the [1961 c. 33.] Land Compensation Act 1961.

The Table

(1)(2)(3)
AreaName of highway at crossingExtent of closure and nature of work
GREATER LONDON
London Borough of Barking and DagenhamChequers LaneChequers Lane to be stopped up between points H1 and H2. Footbridge to be provided to carry a new footpath between points H3, H4, H5 and H6.
London Borough of HaveringManor WayManor Way to be stopped up between points A1 and A2. Footbridge to be provided to carry a new footpath between points A1, A3, A4, A5, A6 and A2.
Ferry LaneFerry Lane to be stopped up between points F1 and F2. Footbridge to be provided to carry a new footpath between points F3, F4, F5, F6, F7 and F2.
COUNTY OF ESSEX
Borough of ThurrockA1090 (Tank Hill Road)A1090 (Tank Hill Road) to be stopped up between points J1 and J7.
COUNTY OF KENT
Borough of Ashford, Town of AshfordAylesford PlaceAylesford Place to be stopped up between points H1 and H2.

Permanent obstruction

5(1)The powers conferred by paragraph 1 or 4 of Schedule 2 to this Act may be exercised in such a way as to obstruct the highway, but only with the consent of the highway authority, such consent not to be unreasonably withheld.

(2)Any dispute with a highway authority under sub-paragraph (1) above shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.

(3)If a highway authority which receives an application for consent under sub-paragraph (1) above fails to notify the applicant of its decision on the application before the end of the period of 28 days beginning with the date on which the application was made, it shall be deemed to have granted it.

Temporary interference

6(1)For the purposes of the works authorised by this Part of this Act, the nominated undertaker may—

(a)temporarily stop up or alter or divert any highway or part of a highway,

(b)for any reasonable time—

(i)divert traffic from, and

(ii)prevent persons passing along,

any highway or part of a highway, and

(c)break up or interfere with any highway or part of a highway (including any sewer, drain or tunnel in it).

(2)The nominated undertaker shall provide reasonable access for pedestrians going to or from premises abutting on a highway affected by the exercise of the powers conferred by this paragraph if there would otherwise be no such access.

(3)It is hereby declared for the avoidance of doubt that there is no need to reinstate a highway or part of a highway in relation to which any of the powers conferred by sub-paragraph (1) above has been exercised where the exercise of the power comes to an end on the exercise, in relation to the highway or part, of the power conferred by paragraph 1(1) or 2(1) above.

Street works

7(1)The nominated undertaker may, for the purposes of the works authorised by this Part of this Act, enter upon any highway within the limits of deviation for the scheduled works or within the limits of land to be acquired or used and—

(a)place apparatus in it,

(b)maintain apparatus in it,

(c)change the position of apparatus in it,

(d)remove apparatus from it, and

(e)execute any works required for, or incidental to, any works authorised by paragraph (a), (b), (c) or (d) above.

(2)In this paragraph, “apparatus” has the same meaning as in Part III of the [1991 c. 22.] New Roads and Street Works Act 1991.

8(1)Works to which sub-paragraph (2) below applies shall be treated for the purposes of Part III of the New Roads and Street Works Act 1991 (street works) as major highway works if—

(a)they are of a description mentioned in any of paragraphs (a), (c) to (e), (g) and (h) of section 86(3) of that Act (which defines what highway authority works are major highway works), or

(b)they are works which, had they been executed under the powers of the highway authority, might have been carried out in exercise of the powers conferred by section 64 (dual carriageways and roundabouts) or 184 (vehicle crossings over footways and verges) of the [1980 c. 66.] Highways Act 1980.

(2)This sub-paragraph applies to any works executed under this Part of this Act in relation to a highway which consists of or includes a carriageway, other than those executed under power delegated to a highway authority by an agreement under paragraph 14(2) below.

(3)In Part III of the New Roads and Street Works Act 1991, references, in relation to major highway works, to the highway authority concerned shall, in relation to works which are major highway works by virtue of sub-paragraph (1) above, be construed as references to the nominated undertaker.

Construction

9(1)Where under this Part of this Act the nominated undertaker—

(a)constructs a new highway, or

(b)alters a highway, otherwise than by carrying out street works within the meaning of Part III of the New Roads and Street Works Act 1991,

the construction or alteration shall be completed to the reasonable satisfaction of the highway authority.

(2)Where work to which sub-paragraph (1) above applies has been completed to the reasonable satisfaction of a highway authority, it shall certify that fact in writing to the nominated undertaker.

(3)If the nominated undertaker requests a highway authority to issue a certificate under sub-paragraph (2) above and the highway authority does not before the end of the period of 28 days beginning with the date on which the request was made—

(a)issue a certificate under that sub-paragraph, or

(b)notify the nominated undertaker of its decision to refuse to issue such a certificate,

it shall be deemed to have issued such a certificate at the end of that period.

(4)Any dispute with a highway authority under this paragraph shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.

10(1)Sub-paragraph (2) below applies where under this Part of this Act the nominated undertaker—

(a)realigns a highway which is constituted by or comprises a carriageway, or

(b)constructs a new highway which is constituted by or comprises a carriageway,

and the highway is one for which a local highway authority is the highway authority.

(2)The realignment, or construction, shall be carried out in accordance with plans, sections and specifications approved by the highway authority at the request of the nominated undertaker, such approval not to be unreasonably withheld.

(3)Any dispute with a highway authority under sub-paragraph (2) above shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.

(4)If, on application by the nominated undertaker for the approval of plans, sections or specifications under sub-paragraph (2) above, the highway authority fails to notify the nominated undertaker of its decision on the application before the end of the period of 28 days beginning with the date on which the application was made, it shall be deemed to have approved the plans, sections or specifications as submitted.

Maintenance

11(1)Sub-paragraph (2) below applies where under this Part of this Act the nominated undertaker—

(a)constructs a new highway, or

(b)alters a highway, otherwise than by carrying out street works within the meaning of Part III of the [1991 c. 22.] New Roads and Street Works Act 1991.

(2)Unless otherwise agreed between the nominated undertaker and the highway authority, the new or altered highway shall be maintained by and at the expense of the nominated undertaker for a period of 12 months from the later of—

(a)the date of practical completion, and

(b)the date on which it is first open for public use;

and after the end of that period shall be maintained by and at the expense of the highway authority.

(3)Where in relation to a highway to which sub-paragraph (2) above applies the highway authority is satisfied that the highway is practically complete or is open for public use, it shall, at the request of the nominated undertaker, certify to it in writing the date of practical completion of the highway or, as the case may be, the date on which it was first open for public use.

(4)If the highway authority refuses a request to issue a certificate under sub-paragraph (3) above, or if the nominated undertaker disputes the date given in a certificate under that sub-paragraph, the matter shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.

(5)For the purposes of sub-paragraph (2) above, the date of practical completion of a highway, or the date on which it is first open for public use, shall be taken to be—

(a)where the date has been determined under sub-paragraph (4) above, the date so determined, and

(b)where it has not, the date certified under sub-paragraph (3) above.

(6)Sub-paragraph (2) above shall not have effect to impose any obligation in relation to—

(a)the structure of any bridge carrying a highway over, or

(b)the structure of any tunnel carrying a highway under,

any railway of the nominated undertaker.

(7)Nothing in this paragraph shall prejudice the operation of section 87 of the New Roads and Street Works Act 1991.

12Notwithstanding anything in section 46 of the [1845 c. 20.] Railways Clauses Consolidation Act 1845, as incorporated with this Act, the nominated undertaker shall not be liable to maintain the surface of any highway under or over which the scheduled works shall be constructed, or the immediate approaches to any such highway.

Bridges carrying highways

13Each of sections 116 and 117 of the [1968 c. 73.] Transport Act 1968 (duties as respects bridges carrying highways over railways) shall apply as if the nominated undertaker were one of the boards mentioned in that section.

Agreements with highway authorities etc.

14(1)Where under this Schedule the nominated undertaker is authorised to stop up or interfere with an existing highway or part of an existing highway, it may enter into agreements with the persons having the charge, management or control of the highway concerning the construction (or contribution towards the expense of the construction) of—

(a)any new highway to be provided in substitution,

(b)any alteration of the existing highway, and

(c)any other related matters.

(2)The nominated undertaker may, by agreement with any such persons, delegate to them the power of constructing any such new highway or any such alteration of an existing highway, including any bridge over any railway, and, where the nominated undertaker is responsible for maintaining the new or altered highway (or bridge), the power to maintain it.

Use of subsoil

15The nominated undertaker may enter upon, take and use for the purposes of the works authorised by this Part of this Act so much of the subsoil of any highway within the limits of deviation for the scheduled works or within the limits of land to be acquired or used as shall be required for the purpose of the construction or maintenance of those works, without being required to acquire that subsoil or any interest therein.

Section 4.

SCHEDULE 4Acquisition of Land within Limits Shown on Deposited Plans

Part IPurposes for which Certain Land may be Acquired or Used

(1)(2)(3)
AreaNumber of land shown on deposited plansPurpose for which land may be acquired or used
GREATER LONDON
London Borough of Camden15, 16 and 159The provision of car parking, a working site, and access for construction purposes.
1 to 13, 149 to 151 and 153 to 158Road improvement works and alterations to ventilation shafts.
37The provision of parking, a working site and access for construction purposes.
61The provision of parking and a working site.
79The provision of access for construction purposes.
63, 64, 74 and 76 to 78The provision of access for protective works.
87The provision of access for construction purposes and a working site.
182 and 189 to 192The provision of access for construction purposes.
194, 196 and 197The provision of access for construction purposes and permanent access for operational purposes.
198 to 200The provision of access for construction purposes and permanent access for operational purposes.
203 and 204The provision of access for construction purposes.
227The provision of access for construction purposes.
London Borough of Islington1 and 2Road improvement works.
331, 333, 334, 336 and 337The construction of a ventilation shaft, provision of permanent access thereto, and a working site.
786 and 1048The provision of electricity supply apparatus, access for construction purposes and permanent access for operational purposes.
782 and 1050The provision of access for construction purposes.
787 and 788The provision of access for construction purposes.
792 and 794The provision of protective works for public utilities' apparatus.
London Borough of Hackney184 and 212The construction of a ventilation shaft, provision of permanent access thereto, and a working site.
773 to 777The provision of access for construction purposes and river bank strengthening works.
778 and 779The provision of barge moorings and barge loading facilities.
780The provision of barge loading facilities, spoil handling plant and machinery, a temporary shaft to Work No. 6, a working site and access for construction purposes.
781 and 782The provision of access for construction purposes.
London Borough of Newham1 and 2 (part)The provision of a working site, access for construction purposes and river bank strengthening works.
2 (part), 5 (part), 7 (part) and 8 (part)Alteration of overhead electric cables for electricity supply for construction purposes.
6The provision of access for construction purposes.
7 (part)The provision of a working site.
1, 4, 5 (part) and 8 (part)The provision of a working site, drainage works and river bank strengthening works and diversion of a telephone cable.
7 (part), 8 (part) and 11 (part)The provision of permanent access for operational purposes and diversion of a telephone cable.
8 (part) and 11 (part)The provision of a working site and permanent access for operational purposes.
8 (part)The provision of a working site.
8 (part), 12 (part), 14 and 15The provision of a working site, access for construction purposes and permanent access for operational purposes.
8 (part), 12 (part) and 13The provision of a working site and access for construction purposes.
519 to 521, 541 and 550The construction of a ventilation shaft, provision of permanent access thereto, and a working site.
1237 (part), 1244 and 1245The construction of a ventilation shaft, provision of permanent access thereto, and a working site.
1237 (part) and 1239The provision of a working site.
1253 and 1254 (part)The provision of barge moorings and barge loading facilities.
1254 (part)The provision of spoil handling plant and machinery, a conveyor, a working site and access for construction purposes.
1255 and 1260The provision of spoil handling plant and machinery, a conveyor and access for construction purposes.
1261The provision of spoil handling plant and machinery and a conveyor.
1262 and 1263 (part)The provision of access for construction purposes.
1263 (part) and 1264 (part)The provision of a working site and access for construction purposes.
1264 (part), 1265 and 1268The provision of a temporary footbridge and raising of the existing footbridge.
1269The provision of a working site and access for construction purposes.
London Borough of Waltham Forest1 and 3The provision of a working site and a temporary tunnel segments manufacturing facility, a maintenance and servicing depot, access and drainage works.
5 to 8 (part)The provision of drainage works.
8 (part) and 9The provision of access for construction of drainage works.
10The provision of access for construction of drainage works.
13 and 14The provision of drainage works.
London Borough of Barking and Dagenham161, 166 (part), 167 (part), 168 and 169The provision of underground electric cables for electricity supply apparatus.
195 and 199The provision of a turning head.
196 (part) and 197 (part)Reinstatement of railway sidings.
206 and 209Alterations to a proposed service bridge and the provision of access for construction purposes.
205The provision of access for construction purposes.
182Road improvement works.
195, 198 (part), 200 (part) to 202The provision of access for construction purposes.
198 (part)The provision of a working site and diversion of high pressure gas pipelines and other public utilities' apparatus.
208 (part)The diversion of high pressure gas pipelines, a water pipe, overhead electric cables and other public utilities' apparatus.
208 (part) and 210The diversion of high pressure gas pipelines, a water pipe, overhead electric cables and other public utilities' apparatus.
221 to 226 (part)The diversion of gas pipelines, overhead electric cables and other public utilities' apparatus and provision of a working site.
215 and 226 (part)The provision of accesses for construction purposes.
217 to 219The provision of access for construction purposes.
766 and 768The construction of a ventilation shaft, provision of permanent access thereto and a working site.
787, 788 and 790 to 793The provision of protective works for public utilities' apparatus and access for construction purposes.
789 and 795 (part)The provision of a working site, access for construction purposes and permanent access for operational purposes.
795 (part) and 798The provision of electricity supply apparatus and permanent access for operational purposes.
797The provision of electricity supply apparatus and permanent access for operational purposes.
800, 801 and 831The provision of a working site, a conveyor, spoil handling plant and machinery, diversion of overhead electric cables and other public utilities' apparatus and access for construction purposes and permanent access for operational purposes.
802The diversion of public utilities' apparatus
803, 804, 808 and 809The provision of a working site, a turning head and access for construction purposes, diversion of public utilities' apparatus and alteration of watercourses.
805 to 807The provision of access for construction purposes, diversion of overhead electric cables and other public utilities' apparatus and alteration of watercourses.
814 and 815Provision of a turning head, alteration of watercourses and access for construction purposes.
829 and 830The provision of a conveyor, spoil handling plant and machinery, and access for construction purposes.
839The use of a jetty and provision of moorings in the River Thames.
841The diversion of public utilities' apparatus.
818, 819, 821, 822, 842 to 845 and 846 (part)The diversion of overhead electric cables and other public utilities' apparatus.
846 (part) and 847 to 849The diversion of overhead electric cables, high pressure gas pipelines and other public utilities' apparatus.
London Borough of Havering1 to 4The provision of access for construction purposes.
7, 8, 10 (part), 11 and 12The provision of electricity supply apparatus, diversion of gas pipelines, overhead electric cables and other public utilities' apparatus and provision of a working site.
10 (part) and 15, 16, 17 (part) and 18 (part)The diversion of high pressure gas pipelines, overhead electric cables and other public utilities' apparatus.
10 (part)Connection of diverted high pressure gas pipelines to the existing network.
10 (part)The provision of a balancing pond, a working site, diversion of public utilities' apparatus and permanent access for operational purposes.
19 to 22The construction of a turning head and provision of a footbridge.
17 (part) and 18 (part)The diversion of public utilities' apparatus.
18 (part)The provision of permanent access for operational purposes.
25 to 30 and 45The provision of a working site and access for construction purposes.
18 (part), 50 (part), 51, and 61The provision of flood storage land at Rainham Creek.
50 (part) and 59 to 66The diversion of overhead electric cables.
55 and 56The provision of access for construction purposes.
18 (part), 52, 53, 79 (part), 80 (part) and 81 to 83The diversion of high pressure gas pipelines.
57, 72 and 73The construction of a turning head and provision of a new footbridge.
79 (part) and 80 (part)The provision of a working site, alteration of watercourses and diversion of overhead electric cables.
79 (part)The diversion of a high pressure gas pipeline and alteration of watercourses.
79 (part), 80 (part) and 84 (part)The diversion of a high pressure gas pipeline and provision of access for construction purposes.
84 (part) and 86 (part)The diversion of a high pressure gas pipeline, diversion of overhead electric cables, alteration of watercourses and landscaping.
85The provision of noise barriers.
87 (part), and 88The provision of access for construction purposes and permanent access for operational purposes.
87 (part), 89 and 90 (part)The provision of noise barriers and diversion of overhead electric cables.
84 (part) and 86 (part)The provision of landscaping, alteration of watercourses and permanent access for operational purposes.
86 (part)The alteration of watercourses.
90 (part) to 92The alteration of watercourses.
93 and 94The diversion of overhead electric cables, high pressure gas pipeines and other public utilities' apparatus.
95 to 107The diversion of overhead electric cables.
108The diversion of public utilities' apparatus.
109The diversion of overhead electric cables.
London Borough of Hammersmith and Fulham1, 2 and 8 to 12The provision of access for construction purposes and permanent access for operational purposes.
COUNTY OF ESSEX
Borough of Thurrock4 (part)The alteration of watercourses.
42 and 44The diversion of water and gas pipes.
39 and 45The provision of a working site and permanent access for operational purposes.
47 and 48 (part)The provision of landscaping.
46, 48 (part), 49 and 51The provision of a working site, landscaping and access for construction purposes.
48 (part) and 50The provision of access for construction purposes.
54 (part) and 55 (part)The provision of access for construction purposes.
52, 54 (part) and 55 (part) to 67The provision of access for construction purposes.
81, 83, 84, 89, 93, 94, 96 and 98The provision of a working site and access for construction purposes.
91 and 92The provision of a spoil disposal site.
100The construction of a ventilation shaft, provision of permanent access thereto and a working site.
101 and 102The provision of permanent access to a ventilation shaft and a working site.
104The diversion of overhead electric cables, provision of a working site and diversion of high pressure gas pipelines.
107The provision of a working site and permanent access for operational purposes.
108 and 155The provision of access for construction purposes and permanent access for operational purposes.
109 to 114The diversion of overhead electric cables.
120 and 126The provision of landscaping, diversion of overhead electric cables and provision of access for construction purposes.
128 and 129The diversion of overhead electric cables.
130The provision of landscaping, diversion of overhead electric cables and access for construction purposes.
131, 137 and 138The diversion of overhead electric cables.
141 and 142The provision of access to public utilities' apparatus.
COUNTY OF KENT
Borough of Dartford, Parish of Swanscombe and Greenhithe1 and 2Use of working jetty and moorings in the River Thames.
2 (part) and 3 (part)The provision of working sites, spoil settlement lagoons, and spoil disposal.
2 (part)The provision of working sites, access for construction purposes and spoil disposal.
2 (part)The provision of a ventilation shaft and permanent access thereto, and a working site.
2 (part) and 11 (part)The provision of access for construction purposes.
11, 13 and 14The provision of access for construction purposes.
15 (part)The provision of access for construction purposes.
15 (part), 18, 19, 20, 24 and 25 (part)The provision of landscaping and access for construction purposes.
25 (part), 26 to 32 and 33 (part)The provision of an international and domestic passenger station with ancillary development and parking, diversion of overhead electric cables and provision of access for construction purposes.
21, 22, 23 and 25 (part)The provision of access for construction purposes.
25 (part)The diversion of overhead electric cables.
36 and 39The diversion of overhead electric cables and provision of a new access to Northfleet West Grid sub-station.
25 (part), 41 and 42The provision of access for construction purposes and diversion of overhead electric cables.
33The diversion of overhead electric cables.
Borough of Dartford, Parish of Southfleet11Alteration of overhead electric cables.
12 and 13The provision of access for construction purposes.
16, 19 and 32 (part)The diversion of underground electric cables.
26The provision of access for construction purposes.
19 (part)The provision of a working site, access for construction purposes and landscaping.
19 (part)The provision of a working site, and diversion of overhead electric cables.
74The provision of a working site, protective works and landscaping.
49 (parts)The provision of working sites.
53The provision of a working site and access for construction purposes.
49 (part) and 54The provision of access for construction purposes and permanent access to electrical apparatus.
44The provision of a balancing pond.
11, 14 and 31, 32 (part), 33 and 34The provision of a working site, access for construction purposes and diversion of overhead electric cables.
Borough of Dartford, Parish of Longfield and New Barn2, 5 and 6The provision of a balancing pond, landscaping, diversion of a high pressure gas pipeline and access for construction purposes.
9 and 12The diversion of a high pressure gas pipeline, provision of balancing ponds and access for construction purposes.
10The provision of a working site, protective works and landscaping.
Borough of Gravesham, Town of Gravesend1The provision of spoil settlement lagoons and spoil disposal.
2, 3 and 4The provision of access for construction purposes.
10The diversion of overhead electric cables.
12 to 14The provision of access for construction purposes.
15, 16 (part) and 17 (part)The diversion of overhead electric cables.
16 (part) and 17 (part)The diversion of overhead electric cables.
16 (part), 17 (part), 22 to 30 (part), 31 (part), 32 (part), 33 (part), 34 (part), 45 (part) and 46 (part)The provision of an international and domestic passenger station with ancillary development and parking and access for construction purposes.
31 (part), 32 (part), 33 (part), 34 (part), 35 and 36The diversion of overhead electric cables, landscaping and access for construction purposes.
16 (part), 45 (part) and 46 (part)The provision of access for construction purposes.
30 (part)The provision of protective works for a pumping station and access for construction purposes.
44, 47, 48, 62 and 63The provision of a working site, spoil disposal site and use of jetty and rail access.
30 (part)The provision of landscaping.
42The provision of access for construction purposes.
70 (part)The provision of a working site.
68The provision of access for construction purposes and permanent access for operational purposes.
30 (part), 31 (part), 70 (part) and 71 (part)The provision of access for construction purposes.
37 and 74 to 79The alteration of overhead electric cables, the provision of access for construction purposes, a working site and permanent access for operational purposes.
72The alteration of overhead electric cables.
78, 80 and 81The provision of access for work on overhead electric cables.
88, 89 (part) and 90 to 93The provision of a working site, a balancing pond, diversion of overhead electric cables and permanent access for operational purposes.
99, 100 (part) and 101 (part)The provision of a working site and landscaping.
93, 100 (part), 101 (part) and 102The provision of landscaping.
97The diversion of overhead electric cables and provision of landscaping.
105, 107 and 108The provision of a spoil disposal site and landscaping.
109 to 112The provision of pedestrian access, a footbridge, a working site and access for construction purposes.
District of Sevenoaks, Parish of Horton Kirby and South Darenth3, 4 and 5The provision of an electricity supply to an existing railway and permanent access for operational purposes.
2The diversion of a high pressure gas pipeline.
District of Sevenoaks, Parish of Swanley1The provision of electricity supply apparatus to existing railway.
Borough of Gravesham, Parish of Cobham1 to 6 and 7 (part)The provision of landscaping, a spoil disposal site and permanent access for operational purposes.
7 (part)The diversion of a high pressure gas pipeline.
9 (part)The provision of a spoil disposal site and diversion of overhead electric cables.
9 (part), 10, 11 and 12The provision of a balancing pond, landscaping, diversion of a high pressure gas pipeline, overhead electric cables, a connection to electricity supply apparatus and permanent access for operational purposes.
9 (part)The provision of electricity supply apparatus, connection to the electricity supply and permanent access for operational purposes.
23, 25, and 26The diversion of a water pipe.
28The provision of a working site and temporary road diversion.
34 (part)The diversion of a footpath.
34 (part) and 40 (part)Restoration of Repton Ponds.
40 (part)The provision of a working site.
42 (part)The provision of landscaping, diversion of a high pressure gas pipeline and permanent access for operational purposes.
42 (part) and 47The provision of a working site, access for construction purposes and permanent access for operational purposes.
42 (part)The provision of electricity supply apparatus.
48The diversion of pipelines, diversion of a footpath and landscaping.
Borough of Gravesham, Parish of Higham9 and 10The provision of access to a railhead to be used for construction purposes.
Borough of Gravesham, Parish of Shorne1 and 2Alteration of overhead electric cables.
18The provision of access to a railhead to be used for construction purposes.
City of Rochester Upon Medway, Parish of Cuxton4The diversion of pipelines, diversion of a footpath and landscaping.
5 and 6The provision of a working site, new woodland planting and landscaping.
11 to 18, 21, 22, 27 and 29The provision of a working site, permanent access for operational purposes to Medway Bridge (comprised in Work No. 13), access for construction purposes and landscaping.
City of Rochester Upon Medway, Town of Rochester8, 9, 10 and 12The provision of a spoil disposal site and access for construction purposes.
27 to 30 (part), 33 (part) and 39 (part)The provision of a working site and access to the River Medway for construction purposes.
18 to 22, 30 (part), 33 (part) and 39 (part)The provision of drainage works.
36, 49, 52, 53 and 62Access for construction purposes and permanent access for operational purposes.
39 (part)The provision of a working site, access for construction purposes and landscaping.
40, 45, 46, 48, 51 and 63The provision of a working site, landscaping, and protective works to water mains.
64 and 67The provision of landscaping.
65, 68, 69 and 71The provision of access for construction purposes.
Borough of Tonbridge and Malling, Parish of Wouldham1 and 2The provision of access for construction purposes.
11 and 13The provision of new woodland planting.
Borough of Tonbridge and Malling, Parish of Aylesford1, 4, 29 and 41The provision of a working site and access for construction purposes.
190 (part)The provision of a working site and landscaping.
190 (part) and 193 to 195The provision of a working site, access for construction purposes, landscaping, a balancing pond, diversion of overhead electric cables and permanent access for operational purposes.
190 (part)The provision of electricity supply apparatus and permanent access for operational purposes.
Borough of Maidstone, Parish of Boxley38 (part)The provision of electricity supply apparatus and permanent access for operational purposes.
37, 38 (part), 39, 40, 41 and 42 (part)The diversion of overhead electric cables and landscaping.
38 (part), 42 (part) and 43The provision of drainage works, landscaping and access for construction purposes.
44 (part)The provision of landscaping and diversion of overhead electric cables.
44 (part)The provision of a balancing pond and permanent access for operational purposes.
44 (part) and 45 to 49The provision of a working site, drainage works and landscaping.
52 (part) and 53The provision of landscaping and permanent access to a balancing pond and for operational purposes.
52 (part) and 54 (part)The provision of landscaping, footpath diversion and diversion of overhead electric cables.
54 (part) and 58The provision of drainage works.
60The provision of new woodland planting.
73, 74, 80, 81, 82, and 86 (part)The provision of a balancing pond, landscaping, diversion of a gas pipeline and permanent access for operational purposes.
86 (part)The provision of a working site and a footpath diversion.
86 (part), 88 and 89 (part)The provision of access for construction purposes.
89 (part) and 90The provision of new woodland planting.
Borough of Maidstone, Parish of Detling1The provision of a working site and access for construction purposes.
4 and 7 (part)The provision of access for construction purposes.
5, 7 (part) and 8The provision of a balancing pond, landscaping and permanent access for operational purposes.
14 and 17The provision of a balancing pond and permanent access for operational purposes.
Borough of Maidstone, Parish of Thurnham1 and 3The provision of new woodland planting.
5The provision of a working site and access for construction purposes.
8The provision of a balancing pond, diversion of a footpath, landscaping and permanent access for operational purposes.
14The provision of a site for nature conservation.
18The provision of a working site, landscaping and access for construction purposes.
Borough of Maidstone, Parish of Hollingbourne1, 3, 4 (part) and 5The provision of a working site, landscaping and access for construction purposes.
4 (part), 6, 9 and 10 (part)The provision of access for construction purposes and permanent access for operational purposes.
7 (part) and 8Alteration of a watercourse, provision of a balancing pond and permanent access for operational purposes.
7 (part), 16, 17 and 18The provision of drainage works.
10 (part)The provision of drainage works, a balancing pond and permanent access for operational purposes.
11, 13 and 14The provision of landscaping.
19, 20, 24 and 26The provision of permanent access for operational purposes.
29, 32 and 33The provision of balancing ponds and permanent access for operational purposes.
Borough of Maidstone, Parish of Leeds1The provision of access for construction purposes.
Borough of Maidstone, Parish of Harrietsham8, 9 and 10The provision of a balancing pond, drainage works and permanent access for operational purposes.
13The provision of drainage works, a balancing pond and a working site.
2, 20, and 21The diversion of public utilities' apparatus.
32, 34 and 35 to 38 (part)The provision of balancing ponds, drainage works, a working site, access for construction purposes and footpath diversions, landscaping and permanent accesses for operational purposes.
38 (part), 41 and 42The provision of landscaping and access for construction purposes.
43, 45 and 46The provision of a waste disposal site, borrow pit, protective works, landscaping and access for maintenance and construction purposes.
Borough of Maidstone, Parish of Ulcombe1The provision of a balancing pond, drainage works and permanent access for operational purposes.
Borough of Maidstone, Parish of Lenham6The provision of a waste disposal site, borrow pit, protective works, landscaping and access for maintenance and construction purposes.
10 and 11The provision of drainage works and access for construction purposes.
20 (part)The provision of a spoil disposal site and a balancing pond.
20 (part)The provision of a spoil disposal site.
33 and 34The provision of a balancing pond.
87 to 89 (part)The provision of permanent access for operational purposes.
89 (part), 90 and 91The provision of permanent access for operational purposes.
Borough of Ashford, Parish of Charing21 and 22The provision of landscaping and new woodland planting.
38 and 39The provision of landscaping.
51The provision of replacement access to premises.
66The diversion of public utilities' apparatus.
76 and 77The provision of an accommodation access.
68, 70, 71 and 72The provision of drainage works.
Borough of Ashford, Parish of Hothfield1 and 2The provision of drainage works.
6The provision of access for construction purposes.
7, 8 (part), 10 (part) and 12 (part)The provision of access for construction purposes and permanent access for operational purposes.
8 (part), 10 (part), 11, and 12 (part)The provision of a working site, landscaping and permanent access for operational purposes.
12 (part), 14 and 16The provision of a working site, landscaping and permanent access for operational purposes.
Borough of Ashford, Parish of Westwell1, 4, 5, and 20 (part)The provision of a working site, spoil disposal site, landscaping and permanent access for operational purposes.
16, 17, 18, 19, 20 (part) and 21 (part)The provision of a working site and landscaping.
21 (part), 24, 25, 26, 27, 40, 41 and 42The provision of access for construction purposes, a working site and landscaping.
44 and 45The provision of landscaping.
47 and 48The provision a spoil disposal site and landscaping.
56, 57, 60 (part), 65 and 67The provision of a borrow pit, spoil disposal site, access for construction purposes, an accommodation access and landscaping.
49 and 60 (part)The provision of access for construction purposes and permanent access for operational purposes.
Borough of Ashford, Town of Ashford8The provision of a working site and landscaping.
6, 10, 12 (part) and 13The provision of drainage works and diversion of a gas main.
12 (part) and 14 (part)The provision of accommodation access to premises, landscaping and a working site.
14 (part) and 16The provision of a working site.
14 (part) and 15The provision of a working site and access for construction purposes.
34 to 37 and 48The provision of a working site and access for construction purposes.
59 to 73 and 76The provision of a working site and access for construction purposes.
78 (part)The provision of a working site and access for construction purposes.
46, 78 (part), 79 and 80The provision of a working site and access for construction purposes.
85, 86, 89, 94 and 95The provision of a working site and access for construction purposes.
84 and 88The provision of access for construction purposes and permanent emergency access to the gas holder station and depot.
92, 93, 98 (part), 99 and 100The provision of access for construction purposes and permanent emergency access to the gas holder station and depot.
110, 111, 117 and 122The provision of a working site and access for construction purposes.
125 (part) and 131The provision of a working site and access for construction purposes.
178, 181, 183, 194 and 195The provision of flood storage lands and access for construction purposes.
144, 145, 177, 179, 180, 184, 185 and 186The provision of drainage works and access for construction purposes.
238 to 241The provision of a working site and access for construction purposes.
Borough of Ashford, Parish of Sevington5The provision of drainage works, a balancing pond and permanent access for operational purposes.
7 and 8The provision of a working site, access for construction purposes and permanent access for operational purposes.
9 and 12 (part)The provision of drainage works, a balancing pond and permanent access for operational purposes.
12 (part), 16 and 19The provision of a railhead, a working site, a balancing pond, access for construction purposes and permanent access for operational purposes.
28The provision of a working site.
34The provision of drainage works and access for construction purposes.
33The provision of a spoil disposal site.
35The provision of access for construction purposes, permanent access for operational purposes and dedication of road as a public highway connecting to Bad Munstereifel Road.
Borough of Ashford, Parish of Mersham1The provision of a spoil disposal site.
4The provision of drainage works, noise barriers and access for construction purposes.
11, 14, 15, 17, 20 and 27The provision of drainage works, a balancing pond, noise barriers, landscaping, access for construction purposes and permanent access for operational purposes.
19, 21, 22, 25 and 26The provision of landscaping, access for construction purposes and permanent access for operational purposes.
37, 41, 42, 45 and 46The provision of a working site, access for construction purposes, diversion of public utilities' apparatus, a balancing pond and permanent access for operational purposes.
43The provision of noise barriers and drainage works and access for construction purposes.
Borough of Ashford, Parish of Smeeth6, 8, 13 and 16The provision of drainage works, footpath diversions, landscaping and permanent access for construction purposes.
24, 27The provision of access for construction purposes.
9, 10, 11 and 12The provision of drainage works, a balancing pond, landscaping and permanent access for operational purposes.
21 and 28The provision of flood storage lands.
30 (part) and 31The provision of a working site and access for construction purposes.
30 (part)The provision of electricity supply apparatus, landscaping and permanent access for operational purposes.
32 to 34The provision of access for construction purposes and alteration of overhead electric cables.
35The provision of noise barriers and access for construction purposes.
Borough of Ashford, Parish of Aldington5 and 7 (part)The provision of electricity supply apparatus, landscaping and permanent access for operational purposes.
7 (part), 12, 13 (part) and 14The provision of electricity supply apparatus and access for construction purposes.
3, 6 and 10The diversion of overhead electric cables.
13 (part), 19 and 20The provision of a working site, landscaping and access for construction purposes.
District of Shepway, Parish of Sellindge3, 4 and 5The provision of noise barriers and access for construction purposes.
1, 2 and 6The provision of a working site, diversion of overhead electric cables and access for construction purposes.
8Strengthening of railway embankment and diversion of overhead electric cables.
9 and 11The diversion of electric high voltage underground cables.
12, 14 and 15The diversion of electric high voltage underground cables and access for construction purposes.
16, 26 and 32 (part)The diversion of electric high voltage underground cables, the provision of noise barriers and access for construction purposes.
32 (part), 33, 46 and 47The alteration of overhead electric cables, provision of noise barriers and access for construction purposes.
30The alteration of overhead electric cables.
44, 45 and 60The provision of access for construction purposes.
District of Shepway, Parish of Stanford1 (part)The provision of noise barriers and access for construction purposes.
1 (part) and 2The provision of landscaping and access for construction purposes.
8 and 9 (part)The provision of drainage works, noise barriers, a working site and access for construction purposes.
7, 9 (part), 17, 18 and 19The provision of access for construction purposes.
District of Shepway, Parish of Saltwood1 and 3The provision of a working site, accommodation works and access for construction purposes.
7The provision of a balancing pond and permanent access for operational purposes.
13 to 16The provision of a working site and access for construction purposes.
26The provision of a footpath.
30The provision of drainage works.
37, 38 and 39The provision of a bridleway diversion, reconstruction of a bridleway bridge, provision of a working site, diversion of public utilities' apparatus and access for construction purposes.
District of Shepway, Parish of Postling6 and 8The provision of permanent access for operational purposes.
11 and 14 to 18The provision of a working site and access for construction purposes.
District of Shepway, Parish of Newington3 and 4The provision of a working site and access for construction purposes.
6 and 9The provision of access for construction purposes.
17 and 27 (part)The provision of a spoil disposal site and access for construction purposes.
14, 15, 16, 19, 20, 21, 32 and 37The provision of access for construction purposes.
31 and 40The provision of working sites and access for construction purposes.
27 (part)The provision of access for construction purposes.
13, 25 and 29The provision of access for construction purposes, and permanent access to a balancing pond and for operational purposes.
60 and 61The provision of access for construction purposes and permanent access for operational purposes.
62The provision of access for construction purposes.
District of Shepway, Parish of Hythe1The provision of access for construction purposes.
District of Shepway, Town of Folkestone1Alteration of railway track equipment.
2 and 3The provision of access for construction purposes, and permanent access to a balancing pond and for operational purposes.
4 (part)The provision of access for construction purposes and permanent access for operational purposes.
4 (part)The provision of lineside equipment and permanent access for operational purposes.
6The provision of a working site and access for construction purposes.
District of Thanet, Parish of Minster2The provision of access to a railhead to be used for construction purposes.
Borough of Dover, Parish of Sandwich1The provision of access to a railhead to be used for construction purposes.

Part IIApplication of Legislation Relating to Compulsory Purchase

Lands Clauses Consolidation Act 1845

1The [1845 c. 18.] Lands Clauses Consolidation Act 1845 shall not apply to the acquisition of land under section 4(1) above.

Compulsory Purchase Act 1965

2Part I of the [1965 c. 56.] Compulsory Purchase Act 1965, so far as not inconsistent with this Part of this Act, shall apply to an acquisition of land under section 4(1) above as it applies to a compulsory purchase to which Schedule 1 to the [1981 c. 67.] Acquisition of Land Act 1981 applies and as if this Act were a compulsory purchase order under that Act.

3(1)In its application by virtue of paragraph 2 above, the Compulsory Purchase Act 1965 shall have effect with the following modifications.

(2)Section 4 (time limit for exercise of powers of compulsory purchase) shall be omitted.

(3)Section 11(1) (power to enter on and take possession of land the subject of a notice to treat after giving not less than fourteen days' notice) shall have effect—

(a)in a case where the notice to treat relates only to the acquisition of subsoil or under-surface of land or an easement or other right over land, with the substitution for “fourteen days” of “one month's”, and

(b)in any other case, with the substitution for “fourteen days” of “three months”.

(4)In Schedule 3 (alternative procedure for obtaining right of entry) paragraph 3(3) (requirement as to sureties in relation to bond for compensation) shall be omitted.

Compulsory Purchase (Vesting Declarations) Act 1981

4The [1981 c. 66.] Compulsory Purchase (Vesting Declarations) Act 1981 shall apply as if this Act were a compulsory purchase order.

5(1)In its application by virtue of paragraph 4 above, the Compulsory Purchase (Vesting Declarations) Act 1981 shall have effect with the following modifications.

(2)In section 3 (preliminary notices) for subsection (1) there shall be substituted—

(1)Before making a declaration under section 4 below with respect to any land which is subject to a compulsory purchase order the acquiring authority shall include the particulars specified in subsection (3) below in a notice which is—

(a)given to every person with a relevant interest in the land with respect to which the declaration is to be made (other than a mortgagee who is not in possession), and

(b)published in the London Gazette.

(3)In that section, in subsection (2), for “(1)(b)” there shall be substituted “(1)”.

(4)In that section, subsections (5) and (6) shall be omitted and at the end there shall be inserted—

(7)For the purposes of this section, a person has a relevant interest in land if—

(a)he is for the time being entitled to dispose of the fee simple of the land, whether in possession or reversion, or

(b)he holds, or is entitled to the rents and profits of, the land under a lease or agreement, the unexpired term of which exceeds one month.

(5)In section 5 (earliest date for execution of declaration)—

(a)in subsection (1), after “publication” there shall be inserted “in the London Gazette”, and

(b)subsection (2) shall be omitted.

(6)In section 7 (constructive notice to treat) in subsection (1)(a), the words “(as modified by section 4 of the [1981 c. 67.] Acquisition of Land Act 1981)” shall be omitted.

(7)References to the [1965 c. 56.] Compulsory Purchase Act 1965 shall be construed as references to that Act as applied to the acquisition of land under section 4(1) above.

Part IIISupplementary Provisions

Acquisition of subsoil

6(1)In the case of land specified in the following table (non-pedestrian tunnels), the power conferred by section 4(1) above shall only be exercisable in relation to so much of the subsoil or under-surface of the land as lies more than 9 metres beneath the level of the surface of the land.

The Table
AreaNo. on deposited plans
GREATER LONDON
London Borough of Islington307 to 318, 320 to 330, 332, 335, 338 to 739, 798, 799 and 803 to 1042
London Borough of Hackney1 to 183, 185 to 211 and 213 to 772
London Borough of Newham16 to 518, 522 to 540, 542 to 549, 551 to 1207, 1209 to 1223, 1235, 1236, 1238, 1240 to 1243 and 1246 to 1252
London Borough of Redbridge8 to 14
London Borough of Barking and Dagenham227 to 765, 767, 769 to 786, 794 and 796
COUNTY OF ESSEX
Borough of Thurrock99 and 103
COUNTY OF KENT
Borough of Tonbridge and Malling, Parish of Aylesford51 to 140 and 144 to 183
Borough of Tonbridge and Malling, Parish of Burham1 to 9

(2)In the case of land specified in the following table (pedestrian tunnels and ground anchors), the power conferred by section 4(1) above shall only be exercisable in relation to so much of the subsoil or under-surface of the land as lies more than 2 metres beneath the level of the surface of the land.

The Table
AreaNo. on deposited plans
GREATER LONDON
London Borough of Camden178
London Borough of Islington740 to 771
COUNTY OF KENT
Borough of Ashford, Parish of Mersham39

(3)In the case of any other land, the power conferred by section 4(1) above shall be exercisable as well in relation to the subsoil or under-surface only as in relation to the land as a whole.

(4)Section 8(1) of the [1965 c. 56.] Compulsory Purchase Act 1965 (limitation on right to require a person to sell part only of any house, building, manufactory or park or garden belonging to a house) shall not apply where the power conferred by section 4(1) above is exercised in relation to the subsoil or under-surface of land only.

(5)For the purposes of sub-paragraphs (1) and (2) above, the level of the surface of the land shall be taken—

(a)in the case of any land on which a building is erected, to be the level of the surface of the ground adjoining the building, and

(b)in the case of a watercourse or other area of water, to be the level of the surface of the adjoining ground which is at all times above water level.

Acquisition of existing tunnels

7In the case of land specified in the following table (existing railway tunnels), the power conferred by section 4(1) above shall only be exercisable in relation to so much of the land as is comprised in an existing railway tunnel.

The Table
AreaNo. on deposited plans
GREATER LONDON
London Borough of Camden117 to 120, 122 to 140 and 228 to 231
London Borough of Islington20, 21 and 775 to 778
COUNTY OF KENT
Borough of Gravesham, Town of Gravesend49 to 61

Acquisition of new rights

8(1)The power conferred by section 4(1)(a) or (b) above shall include, in relation to any land to which the power relates, power to create and acquire such easements or other rights over land as may be required as mentioned in that provision instead of acquiring the land itself.

(2)Part I of the Compulsory Purchase Act 1965, as applied to the acquisition of land under section 4(1) above, and the enactments relating to compensation for the compulsory purchase of land, shall apply to a compulsory acquisition by virtue of sub-paragraph (1) above—

(a)with the modifications specified in paragraph 9 below, and

(b)with such other modifications as may be necessary.

9(1)The modifications referred to in paragraph 8(2)(a) above are as follows.

(2)For section 7 of the [1965 c. 56.] Compulsory Purchase Act 1965 there shall be substituted—

Measure of compensation in case of purchase of new right.

In assessing the compensation to be paid by the acquiring authority under this Act regard shall be had not only to the extent (if any) to which the value of the land over which the right is purchased is depreciated by the acquisition of the right but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of his, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.

(3)In section 8 of that Act (provisions as to divided land) for subsection (1) there shall be substituted—

(1)This subsection applies where—

(a)a notice to treat in respect of a right over land consisting of a house, building or manufactory or of a park or garden belonging to a house (“the relevant land”) has been served on a person under section 5 of this Act,

(b)in consequence of the service of the notice, a question of disputed compensation in respect of the purchase of the right would, apart from this section, fall to be determined by the Lands Tribunal, and

(c)before the Lands Tribunal have determined that question, the person on whom the notice has been served satisfies them that the relevant conditions are met.

(1A)The relevant conditions are—

(a)that he has an interest which he is able and willing to sell in the whole of the relevant land;

(b)where the relevant land consists of a house, building or manufactory, that it cannot be made subject to the right without material detriment to it; and

(c)where the relevant land consists of a park or garden belonging to a house, that it cannot be made subject to the right without seriously affecting the amenity or convenience of the house.

(1B)Where subsection (1) above applies—

(a)the compulsory purchase order shall, in relation to the person on whom the notice to treat has been served—

(i)cease to authorise the purchase of the right to which the notice relates, and

(ii)be deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of a park or garden belonging to a house, the house,

and

(b)the notice to treat shall be deemed to have been served in respect of that interest on such date as the Lands Tribunal direct.

(1C)Any question as to the extent of the land in which the compulsory purchase order is deemed to authorise the purchase of an interest by virtue of subsection (1B)(a)(ii) of this section shall be determined by the Lands Tribunal.

(1D)Where the Lands Tribunal determine that the person on whom a notice to treat has been served has satisfied them as mentioned in subsection (1)(c) of this section, the acquiring authority may withdraw the notice at any time within the period of six weeks beginning with the date of the determination.

(1E)Subsection (1D) of this section is without prejudice to any other power of the acquiring authority to withdraw the notice to treat.

(4)The following provisions of that Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land) namely—

shall be so modified as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be purchased compulsorily is vested absolutely in the acquiring authority.

(5)Section 11 of that Act (powers of entry) shall be so modified as to secure that, as from the date on which the acquiring authority have served notice to treat in respect of any right, they have power, exercisable in the like circumstances and subject to the like conditions, to enter for the purpose of exercising that right (which shall be deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on sheriff’s warrant in the event of obstruction) of that Act shall be modified correspondingly.

(6)Section 20 of that Act (compensation for short term tenants) shall apply with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition of the land but taking into account only the extent (if any) of such interference with such interests as is actually caused, or likely to be caused, by the exercise of the right in question.

(7)Section 22 of that Act (protection of acquiring authority’s possession of land where interest accidentally omitted from purchase) shall be so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired, subject to compliance with that section as respects compensation.

(8)References in that Act to land are, in appropriate contexts, to be read (according to the requirements of the particular context) as referring to, or as including references to—

(a)the right acquired or to be acquired, or

(b)the land over which the right is, or is to be, exercisable.

(9)In the [1973 c. 26.] Land Compensation Act 1973, for section 44 there shall be substituted—

Compensation for injurious affection

(1)Where a right over land is purchased from any person for the purpose of works which are to be situated partly on that land and partly elsewhere, compensation for injurious affection of land retained by that person shall be assessed by reference to the whole of the works and not only the part situated on the land over which the right is exercisable.

(2)In this section “compensation for injurious affection” means compensation for injurious affection under section 7 or 20 of the [1965 c. 56.] Compulsory Purchase Act 1965 as applied by paragraph 8(2) of Schedule 4 to the Channel Tunnel Rail Link Act 1996.

(10)For section 58 of that Act there shall be substituted—

Determination of material detriment where right over part of house etc. proposed for compulsory acquisition.

In determining under section 8(1)(c) of the Compulsory Purchase Act 1965 as applied by paragraph 8(2) of Schedule 4 to the Channel Tunnel Rail Link Act 1996 whether—

(a)a right over part of a house, building or manufactory can be taken without material detriment to the house, building or manufactory, or

(b)a right over part of a park or garden belonging to a house can be taken without seriously affecting the amenity or convenience of the house,

the Lands Tribunal shall take into account not only the effect of the right on the whole of the house, building or manufactory or of the house and the park or garden but also the use to be made of the rights proposed to be acquired and, in a case where the right is proposed to be acquired for works or other purposes extending to other land, the effect of the whole of the works and the use to be made of the other land.

10(1)The Secretary of State may by order provide, in relation to land to which this paragraph applies, that section 4(1) above, so far as relating to acquisition by virtue of paragraph 8(1) above, shall be treated as also authorising acquisition by such person as may be specified in the order.

(2)This paragraph applies to land within the limits of deviation for the scheduled works or within the limits of land to be acquired or used which is or will be required for use in relocating any apparatus which it is expedient to divert or replace in consequence of the carrying out of any of the works authorised by this Part of this Act.

(3)The power to make an order under sub-paragraph (1) above includes power to make an order varying or revoking any order previously made under that provision.

Acquisition of part only of certain properties

11(1)Where—

(a)a notice to treat under Part I of the Compulsory Purchase Act 1965, as applied to the acquisition of land under section 4(1) above, is served in respect of land forming part only of a house, building or factory or part only of land consisting of a house with a park or garden, and

(b)a copy of this paragraph is served with the notice to treat,

the following provisions of this paragraph, with paragraph 12 below, shall apply instead of section 8(1) of the Compulsory Purchase Act 1965.

(2)The person on whom the notice to treat is served (“the owner”) may within the period of 21 days beginning with the day on which the notice to treat is served on him, serve on the Secretary of State a counter-notice objecting to the sale of the part (“the land subject to the notice to treat”) and stating that he is willing and able to sell the whole (“the land subject to the counter-notice”).

(3)If no counter-notice is served under sub-paragraph (2) above, the owner shall be required to sell the land subject to the notice to treat.

(4)If a counter-notice is served under sub-paragraph (2) above and the Secretary of State agrees to take the land subject to the counter-notice, the notice to treat shall be deemed to be a notice to treat in addition for the remainder of the land subject to the counter-notice.

(5)If a counter-notice is served under sub-paragraph (2) above and the Secretary of State does not agree to take the land subject to the counter-notice, the question as to what land the owner is to be required to sell shall be referred to the Lands Tribunal.

(6)If, on a reference under sub-paragraph (5) above, the Lands Tribunal determine that the land subject to the notice to treat can be taken—

(a)without material detriment to the remainder of the land subject to the counter-notice, and

(b)where the land subject to the notice to treat consists of or includes garden only land, without seriously affecting the amenity and convenience of the relevant house,

the owner shall be required to sell the land subject to the notice to treat.

(7)If, on such a reference, the Lands Tribunal determine that only part of the land subject to the notice to treat can be taken as mentioned in sub-paragraph (6) above, the notice to treat shall, subject to sub-paragraph (8) below, be deemed to be a notice to treat for that part.

(8)Where the land subject to the notice to treat is not land which consists of or includes garden only land, sub-paragraph (7) above shall only have effect to deem the notice to treat to be a notice to treat for land which does consist of or include garden only land if the Lands Tribunal determine that that land can be taken without seriously affecting the amenity and convenience of the relevant house.

(9)If, on such a reference, the Lands Tribunal determine—

(a)that none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice, but

(b)that the material detriment is confined to part of the remainder of that land,

then, except where sub-paragraph (10) below applies, the notice to treat shall be deemed to be a notice to treat in addition for the land to which the material detriment is confined.

(10)If, in a case where the land subject to the notice to treat consists of or includes garden only land, the Lands Tribunal determine on such a reference that none of the land subject to the notice to treat can be taken without seriously affecting the amenity or convenience of the relevant house, the notice to treat shall be deemed to be a notice to treat in addition for the remainder of the land subject to the counter-notice.

(11)If, on such a reference, the Lands Tribunal determine—

(a)that none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice, and

(b)that the material detriment is not confined to part of the remainder of that land,

the notice to treat shall be deemed to be a notice to treat in addition for the remainder of the land subject to the counter-notice.

(12)For the purposes of this paragraph, the land subject to the notice to treat consists of or includes garden only land if it consists of the whole or part of a park or garden belonging to a house or if it includes the whole or part of such a park or garden but does not include the house (“the relevant house”) or any part of it.

12(1)Where under paragraph 11 above a notice to treat is deemed by virtue of a determination of the Lands Tribunal to be a notice to treat for less land or more land than that specified in the notice, the Secretary of State may, within the period of 6 weeks beginning with the day on which the determination is made, withdraw the notice.

(2)If the Secretary of State withdraws a notice to treat under sub-paragraph (1) above, he shall pay the person on whom the notice was served compensation for any loss or expense occasioned to that person by the giving and withdrawal of the notice, such compensation to be determined in case of dispute by the Lands Tribunal.

(3)Where under paragraph 11 above a person is required to sell part only of a house, building or factory or of land consisting of a house with a park or garden, the Secretary of State shall pay him compensation for any loss sustained by him due to the severance of that part in addition to the value of the interest acquired.

(4)A notice to treat shall have the effect which it is deemed to have under paragraph 11(4), (9), (10) or (11) above whether or not the additional land is, apart from that provision, land which the Secretary of State is authorised to acquire compulsorily under this Part of this Act.

Minerals

13(1)Parts II and III of Schedule 2 to the [1981 c. 67.] Acquisition of Land Act 1981 (exception of minerals from compulsory purchase and regulation of the working of mines or minerals underlying an authorised undertaking) shall have effect in relation to land to which section 4(1) above applies as if it were comprised in a compulsory purchase order providing for the incorporation with that order of those Parts of that Schedule.

(2)In their application by virtue of sub-paragraph (1) above, Parts II and III of Schedule 2 to the Acquisition of Land Act 1981 shall have effect with the following modifications—

(a)references to the acquiring authority, except the second reference in paragraph 6, shall be construed as references to the nominated undertaker, and

(b)references to the undertaking shall be construed as references to the undertaking which the nominated undertaker is authorised by this Part of this Act to carry on.

Power to require acquisition where time limit extended

14(1)If the Secretary of State makes an order under section 47(2) above, the following provisions shall have effect as from the coming into operation of that order.

(2)If an owner or lessee of any of the land in relation to which the order is made gives notice in writing to the Secretary of State that he desires his interest in such of that land as is specified in the notice to be acquired by the Secretary of State, the Secretary of State shall, within the period of 3 months immediately following receipt of the notice—

(a)enter into an agreement with him for the acquisition of his interest in the whole or part of the land specified in the notice,

(b)exercise the relevant powers of compulsory acquisition in respect of his interest in the whole or part of the land specified in the notice, or

(c)serve on him notice in writing of the Secretary of State’s intention not to proceed with the purchase of his interest in any of the land specified in the notice.

(3)Where—

(a)a person gives the Secretary of State notice under sub-paragraph (2) above, and

(b)the Secretary of State—

(i)fails to comply with the requirements of that sub-paragraph,

(ii)withdraws a notice to treat served in compliance with paragraph (b) of that sub-paragraph, or

(iii)serves on the owner notice in compliance with paragraph (c) of that sub-paragraph,

the relevant powers of compulsory acquisition shall cease to be exercisable in respect of that person’s interest in any of the land specified in the notice under sub-paragraph (2) above.

(4)Where—

(a)a person gives the Secretary of State notice under sub-paragraph (2) above, and

(b)the Secretary of State acquires in pursuance of paragraph (a) or (b) of that sub-paragraph that person’s interest in some, but not all, of the land specified in the notice,

the relevant powers of compulsory acquisition shall cease to be exercisable in respect of that person’s interest in the remainder of that land.

(5)In this paragraph—

references to the relevant powers of compulsory acquisition are to—

(a)the power to serve a notice to treat under Part I of the [1965 c. 56.] Compulsory Purchase Act 1965, as applied to the acquisition of land under section 4(1) above, and

(b)the power to execute a declaration under section 4 of the [1981 c. 66.] Compulsory Purchase (Vesting Declarations) Act 1981, as applied by paragraph 4 above.

15(1)Paragraph 14 above shall not apply to any subsoil or under-surface of land required only for the construction of a work at a level more than the relevant distance below the level of the surface of the land.

(2)In sub-paragraph (1) above, the reference to the relevant distance is—

(a)in the case of a work consisting of a pedestrian tunnel or ground anchor, 2 metres, and

(b)in the case of any other work, 9 metres.

(3)For the purposes of sub-paragraph (1) above, the level of the surface of the land shall be taken—

(a)in the case of any land on which a building is erected, to be the level of the surface of the ground adjoining the building, and

(b)in the case of a watercourse or other area of water, to be the level of the surface of the adjoining ground which is at all times above water level.

Compensation

16Section 4 of the [1981 c. 67.] Acquisition of Land Act 1981 (assessment of compensation in relation to a compulsory purchase where unnecessary things done with a view to obtaining compensation) shall have effect in relation to a compulsory purchase under this Part of this Act as if it were a compulsory purchase for the purposes of that Act.

Section 6.

SCHEDULE 5Temporary Possession and Use of Land

Occupation and use for construction of works

1(1)The nominated undertaker may, in connection with the construction of the scheduled work or works specified in column (1) of the following table (or any works which are necessary or expedient for the purposes of or in connection with that work or those works)—

(a)enter upon and take possession of the land specified in relation to that work or those works in columns (2) and (3) of that table for such purposes as are so specified in column (4) of that table, and

(b)for such purposes as are so specified—

(i)remove from the land any structure or vegetation, and

(ii)construct on the land temporary works (including the provision of means of access) and structures.

Table

(1)(2)(3)(4)
WorksAreaNumber of land shown on deposited plansPurpose for which temporary possession may be taken
GREATER LONDON
1A, 1B, 1C, 1D, 1F and 5D(1)London Borough of Camden79The provision of access for construction purposes.
1A, 1B, 1C, 1D and 1F87The provision of a working site and access for construction purposes.
1A, 1AA, 1B, 1BB, 1C, 1CC, 1D, 1DD, 1EE, 1K, 3, 3B, 3C and 5A182 and 189 to 192The provision of access for construction purposes.
1HH, 3B and 3C203 and 204The provision of access for construction purposes.
1JJ, 2AA and 2BBLondon Borough of Islington782 and 1050The provision of access for construction purposes.
1AA, 1BB and 3E787 and 788The provision of access for construction purposes.
6London Borough of Hackney778 and 779The provision of barge moorings and barge loading facilities.
6780The provision of barge loading facilities, spoil handling plant and machinery, a temporary shaft to Work No. 6, a working site and access for construction purposes.
6781 and 782The provision of access for construction purposes.
22London Borough of Newham1237 and 1239The provision of a working site.
6, 6A, 6B, 6C, 6D, 6G, 6H, 6J and 71253 and 1254The provision of barge moorings and barge loading facilities, spoil handling plant and machinery, a conveyor, a working site and access for construction purposes.
6, 6A, 6B, 6C, 6D, 6G, 6H, 6J and 71255 to 1260The provision of spoil handling plant and machinery, a conveyor and access for construction purposes.
6, 6A, 6B, 6C, 6D, 6G, 6H, 6J and 71261The provision of spoil handling plant and machinery and a conveyor.
6, 6A, 6B, 6C, 6D, 6G, 6H, 6J and 71262 and 1263The provision of access for construction purposes.
6, 6A, 6B, 6C, 6D, 6G, 6H, 6J and 71269The provision of a working site and access for construction purposes.
6D and 6ELondon Borough of Waltham Forest6The provision of access for construction purposes.
6D and 6E10The provision of access for construction of drainage works.
8QLondon Borough of Barking and Dagenham205The provision of access for construction purposes.
8H, 8P(3) and 8P(4)195, 201 and 202The provision of access for construction purposes.
8L and 8R215 and 226The provision of accesses for construction purposes.
8, 8G, 8J and 8R217 to 219The provision of access for construction purposes.
22, 22A, 22B, 22C, 22E, 22F, 22G, 22J and 8U(13)829 and 830The provision of a conveyor, spoil handling plant and machinery, and access for construction purposes.
22, 22A, 22B, 22C, 22E, 22F, 22G, 22J and 8U(13)839The use of a jetty and provision of moorings in the River Thames.
8, 8G, 8J and 8RLondon Borough of Havering1 to 4The provision of access for construction purposes.
8 and 8S25 to 30 and 45The provision of a working site and access for construction purposes.
8 and 8U(7)55 and 56The provision of access for construction purposes.
COUNTY OF ESSEX
9Borough of Thurrock52 and 56 to 67The provision of access for construction purposes.
9, 9C, 9D, 9F(1) and 1081, 83, 84, 89, 93, 94, 96 and 98The provision of a working site and access for construction purposes.
COUNTY OF KENT
10, 10A, 10B, 10C and 10JBorough of Dartford, Parish of Swanscombe and Greenhithe13 and 14The provision of access for construction purposes.
10B, 10D, 10F(1) and 10R(2)21 to 23The provision of access for construction purposes.
10, 10T(1), 10T(3), 10T(8), 10R, 10P, 10Q and 11 to 11FBorough of Dartford, Parish of Southfleet12 and 13The provision of access for construction purposes.
10T(6), 10T(7) and 10T(8)26The provision of access for construction purposes.
1153The provision of a working site.
10J and 10J(2)Borough of Gravesham, Town of Gravesend2 to 4The provision of access for construction purposes.
10, 10B, 10C, 10D, 10E and 10F(1)12 to 14The provision of access for construction purposes.
10R(2)42The provision of access for construction purposes.
10B, 10C and 10N70The provision of access for construction purposes.
12, 12F and 12HBorough of Gravesham, Parish of Cobham28The provision of a working site and temporary road diversion.
20A and 20BBorough of Gravesham, Parish of Higham9 and 10The provision of access to a railhead to be used for construction purposes.
20A and 20BBorough of Gravesham, Parish of Shorne18The provision of access to a railhead to be used for construction purposes.
13, 13BCity of Rochester Upon Medway, Town of Rochester27 to 29The provision of a working site and access to the River Medway for construction purposes.
13C and 13D65, 68, 69 and 71The provision of access for construction purposes.
13C and 13DBorough of Tonbridge and Malling, Parish of Wouldham1 and 2The provision of access for construction purposes.
13Borough of Tonbridge and Malling, Parish of Aylesford1, 4, 29 and 41The provision of a working site and access for construction purposes.
13Borough of Maidstone, Parish of Boxley88The provision of access for construction purposes.
13 and 13JBorough of Maidstone, Parish of Detling1The provision of a working site and access for construction purposes.
14 and 14ABorough of Maidstone, Parish of Thurnham5The provision of a working site and access for construction purposes.
14Borough of Maidstone, Parish of Leeds1The provision of access for construction purposes.
15Borough of Ashford, Parish of Hothfield6The provision of access for construction purposes.
16, 16A, 16B and 16F15The provision of a working site and access for construction purposes.
16, 16A and 16BBorough of Ashford, Town of Ashford16The provision of a working site.
16C and 16H34 to 37 and 48The provision of a working site and access for construction purposes.
16 and 16H59 to 73 and 76The provision of a working site and access for construction purposes.
16 and 16K78The provision of a working site and access for construction purposes.
16A, 16B, 16C, 16K and 16L46 and 78 to 80The provision of a working site and access for construction purposes.
16, 16A, 16B, 16C, 16K and 16M85, 86, 89, 94 and 95The provision of a working site and access for construction purposes.
16, 16A, 16B 16C and 16D110, 111, 117 and 122The provision of a working site and access for construction purposes.
16, 16A, 16B, 16C, 16D and 16E125 and 131The provision of a working site and access for construction purposes.
17, 17B and 17CBorough of Ashford, Parish of Sevington28The provision of a working site.
17 and 17HBorough of Ashford, Parish of Smeeth24 and 27The provision of access for construction purposes.
17, 17J(1) and 17K31The provision of a working site and access for construction purposes.
17 and 17J(2)District of Shepway, Parish of Sellindge44, 45 and 60The provision of access for construction purposes.
17District of Shepway, Parish of Stanford7 and 17 to 19The provision of access for construction purposes.
17 and 17QDistrict of Shepway, Parish of Saltwood13 to 16The provision of a working site and access for construction purposes.
17, 17Q and 17PDistrict of Shepway, Parish of Postling11 and 14 to 18The provision of a working site and access for construction purposes.
18B, 18E, 18F and 18GDistrict of Shepway, Parish of Newington3 and 4The provision of a working site and access for construction purposes.
18J6 and 9The provision of access for construction purposes.
18A, 18AA, 18B, 18F, 18G and 18K14 to 16, 19 to 21, 32 and 37The provision of a working site and access for construction purposes.
18A, 18AA, 18B and 18G31 and 40The provision of working sites and access for construction purposes.
18AA62The provision of access for construction purposes.
18EDistrict of Shepway, Parish of Hythe1The provision of access for construction purposes.
18AADistrict of Shepway, Town of Folkestone6The provision of a working site and access for construction purposes.
13, 14, 15, 15A, 15B, 16, 16A, 16B, 16C, 16D, 16E, 17, 18A, 18AA, 18B, 18C, 18D, 18F, 18G and all railway works associated therewithDistrict of Thanet, Parish of Minster2The provision of access to a railhead to be used for construction purposes.
13, 14, 15, 15A, 15B, 16, 16A, 16B, 16C, 16D, 16E, 17, 18A, 18AA, 18B, 18C, 18D, 18F, 18G and all railway works associated therewithDistrict of Dover, Parish of Sandwich1The provision of access to a railhead to be used for construction purposes.

(2)Not less than 28 days before entering upon and taking possession of land under this paragraph, the nominated undertaker shall give notice to the owners and occupiers of the land of its intention to do so.

(3)The nominated undertaker may not remain in possession of any land under this paragraph after the end of the period of one year beginning with the date of completion of the work or works specified in relation to the land in column (1) of the table in sub-paragraph (1) above unless the owners of the land agree.

(4)The nominated undertaker shall pay compensation to the owners and occupiers of land of which possession is taken under this paragraph for any loss which they may suffer by reason of the exercise in relation to the land of the powers conferred by this paragraph.

(5)Any dispute as to a person’s entitlement to compensation under sub-paragraph (4) above, or as to the amount of compensation, shall be determined under and in accordance with Part I of the [1961 c. 33.] Land Compensation Act 1961.

(6)Nothing in this paragraph shall affect any liability to pay compensation under section 10(2) of the [1965 c. 56.] Compulsory Purchase Act 1965, as applied to the acquisition of land under section 4(1) above, or under any other enactment, otherwise than for loss for which compensation is payable under sub-paragraph (4) above.

(7)In this paragraph, “structure” includes any erection.

2(1)Before giving up possession of land of which possession has been taken under paragraph 1 above, the nominated undertaker shall, in accordance with a scheme agreed with the owners of the land and the relevant planning authority, put the land into such condition as the scheme may provide.

(2)If, in relation to any land of which possession has been taken under paragraph 1 above, no scheme has been agreed for the purposes of this paragraph within 6 months of the date of completion of the work or works specified in relation to the land in column (1) of the table in paragraph 1(1) above, the scheme shall be such as may be determined by the appropriate Ministers after consultation with the nominated undertaker, the owners of the land and the relevant planning authority.

(3)Unless the owners of the land and the nominated undertaker otherwise agree, a scheme determined under sub-paragraph (2) above shall provide for land to be restored to its former condition.

(4)Unless the nominated undertaker otherwise agrees, a scheme determined under sub-paragraph (2) above shall not provide for the nominated undertaker to replace any structure removed under paragraph 1 above other than a fence.

(5)Where the appropriate Ministers ask the relevant planning authority for assistance in connection with the carrying out by them of their function under sub-paragraph (2) above, they may require the nominated undertaker to reimburse to the planning authority any expenses which it reasonably incurs in meeting the request.

(6)The duty under sub-paragraph (1) above in relation to any land shall be owed separately to the owners of the land and to the relevant planning authority.

(7)Where a scheme for the purposes of this paragraph provides for any step to be taken by the nominated undertaker before a specified date and that step has not been taken before that date, the relevant planning authority may—

(a)enter the land concerned and take that step, and

(b)require the nominated undertaker to reimburse to it any expenses which it reasonably incurs in acting under paragraph (a) above.

(8)In this paragraph—

3(1)Where the power under paragraph 1 above to take possession of land is exercised in relation to any land to which section 4(1) above applies, the relevant powers of compulsory acquisition shall thereupon cease to be exercisable in relation to that land.

(2)Sub-paragraph (1) above shall not apply to compulsory acquisition by virtue of paragraph 8(1) of Schedule 4 to this Act.

(3)In sub-paragraph (1) above, the reference to the relevant powers of compulsory acquisition is to—

(a)the power to serve a notice to treat under Part I of the [1965 c. 56.] Compulsory Purchase Act 1965, as applied to the acquisition of land under section 4(1) above, and

(b)the power to execute a declaration under section 4 of the [1981 c. 66.] Compulsory Purchase (Vesting Declarations) Act 1981, as applied by paragraph 4 of Schedule 4 to this Act.

Occupation and use for maintenance of works

4(1)At any time during the maintenance period relating to any of the scheduled works, the nominated undertaker may—

(a)enter upon and take possession of any land which is—

(i)within 20 metres from that work, and

(ii)within the limits of deviation for the scheduled works or the limits of land to be acquired or used,

if such possession is reasonably required for the purpose of or in connection with maintaining the work or any ancillary works connected with it, and

(b)construct on the land such temporary works (including the provision of means of access) and structures as may be reasonably so required.

(2)Sub-paragraph (1) above shall not authorise the nominated undertaker to take possession of—

(a)a house,

(b)any other structure which is for the time being occupied, or

(c)a garden belonging to a house.

(3)Not less than 28 days before entering upon and taking possession of land under this paragraph, the nominated undertaker shall give notice to the owners and occupiers of the land of its intention to do so.

(4)The nominated undertaker may only remain in possession of land under this paragraph for so long as may be reasonably required to carry out the maintenance works for which possession of the land was taken.

(5)Before giving up possession of land of which possession has been taken under this paragraph, the nominated undertaker shall restore the land to the reasonable satisfaction of the owners of the land.

(6)The nominated undertaker shall pay compensation to the owners and occupiers of land of which possession is taken under this paragraph for any loss which they may suffer by reason of the exercise in relation to the land of the powers conferred by this paragraph.

(7)Any dispute as to a person’s entitlement to compensation under sub-paragraph (6) above, or as to the amount of the compensation, shall be determined under and in accordance with Part I of the [1961 c. 33.] Land Compensation Act 1961.

(8)Nothing in this paragraph shall affect any liability to pay compensation under section 10(2) of the [1965 c. 56.] Compulsory Purchase Act 1965, as applied to the acquisition of land under section 4(1) above, or under any other enactment, otherwise than for loss for which compensation is payable under sub-paragraph (6) above.

(9)In this paragraph—

(a)“the maintenance period”, in relation to any work, means the period beginning with the date on which the work is completed and ending 5 years after the date on which it is brought into general use,

(b)“structure” includes any erection, and

(c)any reference to land within a specified distance of a work includes, in the case of a work under the surface of the ground, a reference to land within the specified distance of any point on the surface below which the work is situated.

Suspension of private rights of way

5(1)All private rights of way over land of which the nominated undertaker takes possession under paragraph 1 or 4 above shall be suspended and unenforceable for as long as it remains in lawful possession of the land.

(2)Any person who suffers loss by the suspension of any right under this paragraph shall be entitled to compensation.

(3)Any dispute as to a person’s entitlement to compensation under this paragraph, or as to the amount of such compensation, shall be determined under and in accordance with Part I of the Land Compensation Act 1961.

Section 9.

SCHEDULE 6Planning Conditions

Part IQualifying Authorities

Specification

1(1)As soon after the day on which this Act is passed as the Secretary of State considers reasonably practicable, he shall, by order made by statutory instrument, specify every relevant local authority which—

(a)had, on or before the day on which the Bill for this Act was reported from Select Committee in the House of Lords, given him undertakings with respect to the handling of planning matters arising under this Schedule which he considered satisfactory, and

(b)has not subsequently been released from its undertakings.

(2)Subject to the following provisions of this paragraph, an authority which is specified under sub-paragraph (1) above is a qualifying authority for the purposes of this Schedule.

(3)The Secretary of State may, if he considers it expedient to do so, by order made by statutory instrument provide that an authority shall cease to be a qualifying authority for the purposes of this Schedule.

(4)If, in relation to a relevant local authority which is not a qualifying authority for the purposes of this Schedule, the Secretary of State considers that the way in which the authority carries out its functions has been significantly affected by a change of circumstances occurring since the relevant day, he may by order made by statutory instrument provide that the authority shall be a qualifying authority for the purposes of this Schedule.

(5)Before making an order under sub-paragraph (3) or (4) above, the Secretary of State shall consult—

(a)the nominated undertaker, and

(b)unless the authority concerned has requested him to make the order, that authority.

(6)A statutory instrument containing an order under sub-paragraph (3) or (4) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7)In sub-paragraph (4) above, the reference to the relevant day is—

(a)in relation to an authority which has never been a qualifying authority for the purposes of this Schedule, to the day mentioned in sub-paragraph (1)(a) above, and

(b)in relation to an authority which has been a qualifying authority for the purposes of this Schedule, to the day on which it ceased, or last ceased, to be such an authority.

(8)For the purposes of this paragraph, a local authority is a relevant local authority if it has functions under Part II or III of this Schedule in relation to the giving of approval.

Transition

2(1)An order under paragraph 1 above may contain such transitional provision and savings as the Secretary of State thinks fit.

(2)Without prejudice to the generality of sub-paragraph (1) above, provision under that sub-paragraph may include provision with respect to the effect, in a case where the nominated undertaker has obtained, or requested, approval under this Schedule, of the authority which granted the approval, or to which the request has been made, ceasing to be, or becoming, a qualifying authority for the purposes of this Schedule.

(3)The Secretary of State may by agreement fetter the exercise of his discretion under sub-paragraph (1) above.

Part IIDevelopment in Greater London

Introductory

3This Part of this Schedule has effect in relation to development in Greater London.

Planning regimes

4(1)The requirement set out in paragraph 5 below shall be a condition of the deemed planning permission, so far as relating to relevant development in the area of a London borough council which is not a qualifying authority for the purposes of this Schedule.

(2)For the purposes of sub-paragraph (1) above, development is relevant development to the extent that it consists of or includes—

(a)the erection, construction, alteration or extension of any building, or

(b)the formation, laying out or alteration of any means of access to any highway used by vehicular traffic.

(3)The requirements set out in paragraphs 6 to 10 below shall be conditions of the deemed planning permission, so far as relating to development in the area of a London borough council which is a qualifying authority for the purposes of this Schedule.

(4)The requirements set out in paragraph 11 below shall be conditions of the deemed planning permission so far as relating to development in the area of any London borough council.

Conditions: non-qualifying authority

5(1)Development shall be carried out in accordance with plans and specifications for the time being approved by the local planning authority at the request of the nominated undertaker.

(2)The local planning authority may, on approving a plan or specification for the purposes of this paragraph, specify any respect in which it requires additional details of the development to be submitted for approval.

(3)Where the local planning authority exercises the power conferred by sub-paragraph (2) above, the plans and specifications in accordance with which the development is required under sub-paragraph (1) above to be carried out shall, as regards the specified respect, include a plan or specification showing the additional details.

(4)The only ground on which the local planning authority may refuse to approve plans or specifications for the purposes of this paragraph is—

(a)that the development to which they relate ought to, and could reasonably, be carried out elsewhere on land within the relevant limits, or

(b)that the design or external appearance of any building to which they relate ought to be modified to preserve the local environment or local amenity and is reasonably capable of being so modified.

(5)The ground mentioned in sub-paragraph (4)(a) above shall not apply in relation to development consisting of the provision of, or the carrying out of works to, a dam.

Conditions: qualifying authority

6(1)To the extent that development consists of any operation or work mentioned in the left-hand column of the table in sub-paragraph (4) below, it shall be carried out in accordance with plans and specifications for the time being approved by the local planning authority at the request of the nominated undertaker.

(2)The local planning authority may, on approving a plan or specification for the purposes of this paragraph, specify any respect in which it requires additional details of the development to be submitted for approval.

(3)Where the local planning authority exercises the power conferred by sub-paragraph (2) above, the plans and specifications in accordance with which the development is required under sub-paragraph (1) above to be carried out shall, as regards the specified respect, include a plan or specification showing the additional details.

(4)The only ground on which the local planning authority may refuse to approve for the purposes of this paragraph plans or specifications of any operation or work mentioned in the following table is a ground specified in relation to it in the right-hand column of that table.

The Table
Operation or workGrounds

Note:

1.

In the case of items 1(b) and (c) and 6, the second of the grounds specified does not apply in relation to development which forms part of a scheduled work.

2.

In the case of items 7 and 8, the second of the grounds specified does not apply in relation to development which—

(a)

is within the limits of deviation for the scheduled works, or

(b)

consists of the use of land specified in columns (1) and (2) of Part I of Schedule 4 for a purpose specified in relation to the land in column (3) of that Part.

3.

Any reference in the left-hand column of the table to a description of works does not include works of that description of a temporary nature.

Construction works

(a)The erection, construction, alteration or extension of any building (except for anything within (b) or (c) below or item 2 or 6) or road vehicle park.

(b)The construction, alteration or extension of any terracing, cuttings, embankments or other earth works.

(c)The erection, construction, alteration or extension of any fences, walls or other barriers (including bunds) for visual or noise screening or dust suppression.

That the design or external appearance of the works ought to be modified—

(a)

to preserve the local environment or local amenity,

(b)

to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, or

(c)

to preserve a site of archaeological or historic interest or nature conservation value,

and is reasonably capable of being so modified.

That the development ought to, and could reasonably, be carried out elsewhere within the limits of the land on which the works of which it forms part may be carried out under this Part of this Act.

Minor construction works

2The erection, construction, alteration or extension of any transformers, telecommunications masts or pedestrian accesses to the railway line.

That the design or external appearance of the works ought to be modified to preserve the local environment or local amenity, and is reasonably capable of being so modified.

That the development ought to, and could reasonably, be carried out on land elsewhere within the relevant limits.

Fences and walls

3The erection, construction, alteration or extension of any fences or walls (except for anything within item 1(c) above).

That the development ought to, and could reasonably, be carried out on land elsewhere within the relevant limits.
Highway access

4The formation, laying out or alteration of any means of access to a highway used, or proposed highway proposed to be used, by vehicular traffic.

That the development ought to be modified to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, and is reasonably capable of being so modified.
Gantries and overhead line supports

5The erection or construction of any gantries or overhead line supports for so much of any railway comprised in Work No. 1 as lies between the northern end of the roof over St. Pancras station, as it is at the time of erection or construction, and the northern abutment of the existing bridge over the Regent’s Canal.

That the design or external appearance of the work ought to be modified to preserve the local environment or local amenity, and is reasonably capable of being so modified.
Artificial lighting

6The erection, construction or installation of lighting equipment.

That the design of the equipment, with respect to the emission of light, ought to be modified to preserve the local environment or local amenity, and is reasonably capable of being so modified.

That the development ought to, and could reasonably, be carried out elsewhere within the limits of land on which the works of which it forms part may be carried out under this Part of this Act.

Waste and spoil disposal

7The disposal of waste or spoil.

That—

(a)

the design or external appearance of disposal sites on land within the relevant limits,

(b)

the methods by which such sites are worked, or

(c)

the noise, dust, vibration or screening arrangements during the operation of such sites,

ought to be modified and are reasonably capable of being modified.

That—

(a)

to preserve the local environment or local amenity,

(b)

to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, or

(c)

to preserve a site of archaeological or historic interest or nature conservation value,

the development ought to be carried out on land elsewhere within the relevant limits, and is reasonably capable of being so carried out.

Borrow pits

8The excavation of bulk materials from borrow pits.

That—

(a)

the design or external appearance of borrow pits on land within the relevant limits,

(b)

the methods by which such pits are worked, or

(c)

the noise, dust, vibration or screening arrangements during the operation of such pits,

ought to be modified and are reasonably capable of being modified.

That—

(a)

to preserve the local environment or local amenity,

(b)

to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, or

(c)

to preserve a site of archaeological or historic interest or nature conservation value,

the development ought to be carried out on land elsewhere within the relevant limits, and is reasonably capable of being so carried out.

(5)Sub-paragraph (4) above shall apply in relation to the imposition of conditions on approval as it applies in relation to the refusal of approval.

7(1)Development shall be carried out in accordance with arrangements approved by the local planning authority at the request of the nominated undertaker with respect to the matters mentioned in the left-hand column of the table in sub-paragraph (2) below.

(2)The only ground on which the local planning authority may refuse to approve for the purposes of this paragraph arrangements with respect to a matter mentioned in the following table is—

(a)that the arrangements relate to development which, for the purposes of regulating the matter in question, ought to and can reasonably be considered in conjunction with other permitted development which is to be carried out in the authority’s area, or

(b)the ground specified in relation to the matter in the right-hand column of the table.

The Table
MattersGrounds
Road transport

1Means and routes by which anything is to be transported on a highway by large goods vehicle to a working or storage site, a site where it will be re-used or a waste disposal site.

That the arrangements ought to be modified—

(a)

to preserve the local environment, local amenity or a site of archaeological or historic interest or nature conservation value, or

(b)

to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area,

and are reasonably capable of being so modified.

Handling of re-useable spoil and top soil

2Handling during removal, storage and re-use of any spoil or top soil removed during the course of carrying out the development.

That the arrangements ought to be modified to ensure that the spoil or top soil remain in good condition and are reasonably capable of being so modified.
Storage sites

3Sites on land within the relevant limits at which—

(a)minerals, aggregates or other construction materials required for the development, or

(b)spoil or top soil,

are to be stored until used or re-used in carrying out the development or disposed of as waste.

That the arrangements ought to be modified—

(a)

to preserve the local environment, local amenity or a site of archaeological or historic interest or nature conservation value, or

(b)

to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area,

and are reasonably capable of being so modified.

Construction camps

4Sites on land within the relevant limits which are to be used for the residential accommodation of persons engaged in carrying out the development.

As item 3.
Screening

5Provision where necessary on land within the relevant limits of any screening for working sites on such land required for the purpose of carrying out the development.

As item 3.
Hours of working

6The hours and days of the week during which work on the development on land within the relevant limits is to be carried out.

That the arrangements ought to be modified to preserve the local environment or local amenity, and are reasonably capable of being so modified.
Artificial lighting

7The use of artificial lighting on land within the relevant limits for the purpose of carrying out the development.

As item 6.
Suppression of noise, dust and vibration

8The suppression of noise, dust and vibration caused by construction operations carried on on land within the relevant limits for the purpose of carrying out the development.

As item 6.
Mud on highway

9Measures to be taken on land within the relevant limits to prevent mud being carried onto any public highway as a result of carrying on the development.

That the arrangements ought to be modified—

(a)

to preserve the local environment or local amenity, or

(b)

to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area,

and are reasonably capable of being so modified.

Highway access

10The formation, laying out or alteration of any means of access to any highway used, or proposed highway proposed to be used, on a temporary basis by vehicular traffic to serve a construction site or camp.

That the arrangements ought to be modified to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, and are reasonably capable of being so modified.

(3)The local planning authority may only impose conditions on approval for the purposes of this paragraph with the agreement of the nominated undertaker.

(4)In this paragraph, “large goods vehicle” has the same meaning as in Part IV of the [1988 c. 52.] Road Traffic Act 1988.

8(1)To the extent that development consists of—

(a)the disposal of waste or spoil, or

(b)the excavation of bulk materials from borrow pits,

it shall not be begun unless the local planning authority has, at the request of the nominated undertaker, approved a scheme for the restoration of the land on which the development is to be carried out.

(2)The only ground on which the local planning authority may refuse to approve, or impose conditions on the approval of, a scheme for the purposes of this paragraph is that the scheme ought to be modified and is reasonably capable of being modified.

(3)The nominated undertaker shall carry out a scheme approved for the purposes of this paragraph once it has completed its use of the land to which the scheme relates for the purpose of carrying out development of a kind to which sub-paragraph (1) above applies.

(4)In sub-paragraph (1) above, the reference to restoration includes a reference to restoration in the longer term; and, accordingly, a scheme for the restoration of land may include provision about aftercare.

9(1)No work to which this paragraph applies shall be brought into use without the approval of the local planning authority.

(2)The works to which this paragraph applies are—

(a)any scheduled work,

(b)any station constructed in exercise of the powers conferred by this Part of this Act, and

(c)any depot constructed in exercise of those powers for use for or in connection with the maintenance of railway vehicles or track, whether or not constructed for use also for other purposes.

(3)The local planning authority shall, at the request of the nominated undertaker, grant approval for the purposes of sub-paragraph (1) above if—

(a)it considers that there are no reasonably practicable measures which need to be taken for the purpose of mitigating the effect of the work or its operation on the local environment or local amenity, or

(b)it has approved, at the request of the nominated undertaker, a scheme consisting of provision with respect to the taking of measures for that purpose.

(4)The local planning authority shall not refuse to approve, nor impose conditions on the approval of, a scheme submitted for the purposes of sub-paragraph (3)(b) above unless it is satisfied that it is expedient to do so on the ground that the scheme ought to be modified—

(a)to preserve the local environment or local amenity,

(b)to preserve a site of archaeological or historic interest, or

(c)in the interests of nature conservation,

and that the scheme is reasonably capable of being so modified.

(5)In this paragraph, “railway vehicle” and “track” have the same meanings as in Part I of the [1993 c. 43.] Railways Act 1993.

10—Where the local planning authority approves a scheme for the purposes of paragraph 9(3)(b) above, the nominated undertaker shall be required—

(a)to carry out the scheme, and

(b)to comply with any condition subject to which the scheme is approved.

Conditions: general

11(1)Where development consists of or includes the carrying out on any site of operations ancillary to the construction of any of the scheduled works, those operations shall be discontinued as soon as reasonably practicable after the completion of the relevant scheduled work or works.

(2)The nominated undertaker shall, following discontinuation of the use of any site for carrying out operations ancillary to the construction of any of the scheduled works, restore the site in accordance with a scheme agreed with the local planning authority.

(3)If, in relation to a site used for carrying out operations ancillary to the construction of any of the scheduled works, no scheme has been agreed for the purposes of sub-paragraph (2) above within 6 months of the completion of the relevant scheduled work or works, the scheme shall be such as the appropriate Ministers may determine after consultation with the nominated undertaker and the local planning authority.

(4)Where, independently of any consultation under sub-paragraph (3) above, the appropriate Ministers ask the local planning authority for assistance in connection with the carrying out by them of their function under sub-paragraph (3) above, they may require the nominated undertaker to reimburse to the planning authority any expenses which it reasonably incurs in meeting the request.

(5)Sub-paragraph (2) above shall not apply to a site to the extent that it consists of land to which a scheme under paragraph 8 above applies.

(6)Sub-paragraph (2) above shall not apply where the site is one in relation to which the nominated undertaker is subject to an obligation under paragraph 2(1) of Schedule 5 above.

(7)In this paragraph, references to the relevant scheduled work or works, in relation to any site, are to the scheduled work or works to which the operations carried out on that site were ancillary.

Part IIIDevelopment in Essex or Kent

Introductory

12This Part of this Schedule has effect in relation to development in Essex or Kent.

Planning regimes: district councils

13(1)The requirement set out in paragraph 14 below shall be a condition of the deemed planning permission, so far as relating to relevant development in the area of a district council which is not a qualifying authority for the purposes of this Schedule.

(2)For the purposes of sub-paragraph (1) above, development is relevant development to the extent that it consists of or includes—

(a)the erection, construction, alteration or extension of any building, or

(b)the formation, laying out or alteration, otherwise than in connection with an excepted matter, of any means of access to any highway used by vehicular traffic.

(3)The requirements set out in paragraphs 15 and 16 below shall be conditions of the deemed planning permission, so far as relating to development, other than excepted development, in the area of a district council which is a qualifying authority for the purposes of this Schedule.

(4)For the purposes of sub-paragraph (3) above, excepted development is development consisting of—

(a)the formation, laying out or alteration, in connection with an excepted matter, of any means of access to any highway used by vehicular traffic,

(b)the disposal of waste or spoil, or

(c)the excavation of bulk materials from borrow pits.

(5)The requirements set out in paragraphs 17 and 18 below shall be conditions of the deemed planning permission, so far as relating to development in the area of a district council which is a qualifying authority for the purposes of this Schedule.

(6)The requirements set out in paragraph 19 below shall be conditions of the deemed planning permission, so far as relating to development in the area of any district council.

(7)For the purposes of this paragraph, the following are excepted matters—

(a)the transport of minerals,

(b)the transport of surplus spoil or top soil,

(c)the disposal of waste or spoil, and

(d)the excavation of bulk materials from borrow pits.

District conditions: non-qualifying authority

14(1)Development shall be carried out in accordance with plans and specifications for the time being approved by the district planning authority at the request of the nominated undertaker.

(2)The district planning authority may, on approving a plan or specification for the purposes of this paragraph, specify any respect in which it requires additional details of the development to be submitted for approval.

(3)Where the district planning authority exercises the power conferred by sub-paragraph (2) above, the plans and specifications in accordance with which the development is required under sub-paragraph (1) above to be carried out shall, as regards the specified respect, include a plan or specification showing the additional details.

(4)The only ground on which the district planning authority may refuse to approve plans or specifications for the purposes of this paragraph is—

(a)that the development to which they relate ought to, and could reasonably, be carried out elsewhere on land within the relevant limits, or

(b)that the design or external appearance of any building to which they relate ought to be modified to preserve the local environment or local amenity and is reasonably capable of being so modified.

District conditions: qualifying authority

15(1)To the extent that development consists of any operation or work mentioned in the left-hand column of the table in sub-paragraph (4) below, it shall be carried out in accordance with plans and specifications for the time being approved by the district planning authority at the request of the nominated undertaker.

(2)The district planning authority may, on approving a plan or specification for the purposes of this paragraph, specify any respect in which it requires additional details of the development to be submitted for approval.

(3)Where the district planning authority exercises the power conferred by sub-paragraph (2) above, the plans and specifications in accordance with which the development is required under sub-paragraph (1) above to be carried out shall, as regards the specified respect, include a plan or specification showing the additional details.

(4)The only ground on which the district planning authority may refuse to approve for the purposes of this paragraph plans or specifications of any operation or work mentioned in the following table is a ground specified in relation to it in the right-hand column of that table.

The Table
Operation or workGrounds

Note:

1.

In the case of items 1(b) and (c) and 6, the second of the grounds specified does not apply in relation to development which forms part of a scheduled work.

2.

Any reference in the left-hand column of the table to a description of works does not include works of that description of a temporary nature.

Construction works

(a)The erection, construction, alteration or extension of any building (except for anything within (b) or (c) below or item 2 or 6) or road vehicle park.

(b)The construction, alteration or extension of any terracing, cuttings, embankments or other earth works.

(c)The erection, construction, alteration or extension of any fences, walls or other barriers (including bunds) for visual or noise screening or dust suppression.

That the design or external appearance of the works ought to be modified—

(a)

to preserve the local environment or local amenity,

(b)

to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, or

(c)

to preserve a site of archaeological or historic interest or nature conservation value,

and is reasonably capable of being so modified.

That the development ought to, and could reasonably, be carried out elsewhere within the limits of the land on which the works of which it forms part may be carried out under this Part of this Act.

Minor construction works

2The erection, construction, alteration or extension of any transformers, telecommunications masts or pedestrian accesses to the railway line.

That the design or external appearance of the works ought to be modified to preserve the local environment or local amenity, and is reasonably capable of being so modified.

That the development ought to, and could reasonably, be carried out on land elsewhere within the relevant limits.

Fences and walls

3The erection, construction, alteration or extension of any fences or walls (except for anything within item 1(c) above).

That the development ought to, and could reasonably, be carried out on land elsewhere within the relevant limits.
Highway access

4The formation, laying out or alteration of any means of access to a highway used, or proposed highway proposed to be used, by vehicular traffic.

That the development ought to be modified to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, and is reasonably capable of being so modified.
Gantries and overhead line supports

5The erection or construction of any gantries or overhead line supports for so much of the railway comprised in Work No. 13 as lies between 1,000 and 2,400 metres from its western end.

That the design or external appearance of the work ought to be modified to preserve the local environment or local amenity, and is reasonably capable of being so modified.
Artificial lighting

6The erection, construction or installation of lighting equipment.

That the design of the equipment, with respect to the emission of light, ought to be modified to preserve the local environment or local amenity, and is reasonably capable of being so modified.

That the development ought to, and could reasonably be, carried out elsewhere within the limits of land on which the works of which it forms part may be carried out under this Part of this Act.

(5)Sub-paragraph (4) above shall apply in relation to the imposition of conditions on approval as it applies in relation to the refusal of approval.

16(1)Development shall be carried out in accordance with arrangements approved by the district planning authority at the request of the nominated undertaker with respect to the matters mentioned in the left-hand column of the table in sub-paragraph (2) below.

(2)The only ground on which the district planning authority may refuse to approve for the purposes of this paragraph arrangements with respect to a matter mentioned in the following table is—

(a)that the arrangements relate to development which, for the purposes of regulating the matter in question, ought to and can reasonably be considered in conjunction with other permitted development which is to be carried out in the authority’s area, or

(b)the ground specified in relation to the matter in the right-hand column of the table.

The Table
MattersGrounds
Handling of re-useable spoil and top soil

1Handling during removal, storage and re-use of any spoil or top soil removed during the course of carrying out the development.

That the arrangements ought to be modified to ensure that the spoil or top soil remains in good condition and are reasonably capable of being so modified.
Storage sites

2Sites on land within the relevant limits at which—

(a)minerals, aggregates or other construction materials required for the development, or

(b)spoil or top soil,

are to be stored until used or re-used in carrying out the development or disposed of as waste.

That the arrangements ought to be modified—

(a)

to preserve the local environment, local amenity or a site of archaeological or historic interest or nature conservation value, or

(b)

to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area,

and are reasonably capable of being so modified.

Construction camps

3Sites on land within the relevant limits which are to be used for the residential accommodation of persons engaged in carrying out the development.

As item 2.
Screening

4Provision where necessary on land within the relevant limits of any screening for working sites on such land required for the purpose of carrying out the development.

As item 2.
Hours of working

5The hours and days of the week during which work on the development on land within the relevant limits is to be carried out.

That the arrangements ought to be modified to preserve the local environment or local amenity, and are reasonably capable of being so modified.
Artificial lighting

6The use of artificial lighting on land within the relevant limits for the purpose of carrying out the development.

As item 5.
Suppression of noise, dust and vibration

7The suppression of noise, dust and vibration caused by construction operations carried on on land within the relevant limits for the purpose of carrying out the development.

As item 5.
Mud on highway

8Measures to be taken on land within the relevant limits to prevent mud being carried onto any public highway as a result of carrying on the development.

That the arrangements ought to be modified—

(a)

to preserve the local environment or local amenity, or

(b)

to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area,

and are reasonably capable of being so modified.

Highway access

9The formation, laying out or alteration of any means of access to any highway used, or proposed highway proposed to be used, on a temporary basis by vehicular traffic to serve a construction site or camp.

That the arrangements ought to be modified to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, and are reasonably capable of being so modified.

(3)The district planning authority may only impose conditions on approval for the purposes of this paragraph with the agreement of the nominated undertaker.

17(1)No work to which this paragraph applies shall be brought into use without the approval of the district planning authority.

(2)The works to which this paragraph applies are—

(a)any scheduled work,

(b)any station constructed in exercise of the powers conferred by this Part of this Act, and

(c)any depot constructed in exercise of those powers for use for or in connection with the maintenance of railway vehicles or track, whether or not constructed for use also for other purposes.

(3)The district planning authority shall, at the request of the nominated undertaker, grant approval for the purposes of sub-paragraph (1) above if—

(a)it considers that there are no reasonably practicable measures which need to be taken for the purpose of mitigating the effect of the work or its operation on the local environment or local amenity, or

(b)it has approved, at the request of the nominated undertaker, a scheme consisting of provision with respect to the taking of measures for that purpose.

(4)The district planning authority shall not refuse to approve, nor impose conditions on the approval of, a scheme submitted for the purposes of sub-paragraph (3)(b) above unless it is satisfied that it is expedient to do so on the ground that the scheme ought to be modified—

(a)to preserve the local environment or local amenity,

(b)to preserve a site of archaeological or historic interest, or

(c)in the interests of nature conservation,

and that the scheme is reasonably capable of being so modified.

(5)In this paragraph, “railway vehicle” and “track” have the same meanings as in Part I of the [1993 c. 43.] Railways Act 1993.

18Where the district planning authority approves a scheme for the purposes of paragraph 17(3)(b) above, the nominated undertaker shall be required—

(a)to carry out the scheme, and

(b)to comply with any condition subject to which the scheme is approved.

District conditions: general

19(1)Where development consists of or includes the carrying out on any site of operations ancillary to the construction of any of the scheduled works, those operations shall be discontinued as soon as reasonably practicable after the completion of the relevant scheduled work or works.

(2)The nominated undertaker shall, following discontinuation of the use of any site for carrying out operations ancillary to the construction of any of the scheduled works, restore the site in accordance with a scheme agreed with the district planning authority.

(3)If, in relation to a site used for carrying out operations ancillary to the construction of any of the scheduled works, no scheme has been agreed for the purposes of sub-paragraph (2) above within 6 months of the completion of the relevant scheduled work or works, the scheme shall be such as the appropriate Ministers may determine after consultation with the nominated undertaker and the district planning authority.

(4)Where, independently of any consultation under sub-paragraph (3) above, the appropriate Ministers ask the district planning authority for assistance in connection with the carrying out by them of their function under sub-paragraph (3) above, they may require the nominated undertaker to reimburse to the planning authority any expenses which it reasonably incurs in meeting the request.

(5)Sub-paragraph (2) above shall not apply to a site to the extent that it consists of land to which a scheme under paragraph 24 below applies.

(6)Sub-paragraph (2) above shall not apply where the site is one in relation to which the nominated undertaker is subject to an obligation under paragraph 2(1) of Schedule 5 above.

(7)In this paragraph, references to the relevant scheduled work or works, in relation to any site, are to the scheduled work or works to which the operations carried out on that site were ancillary.

Planning regimes: county councils

20(1)The requirement set out in paragraph 21 below shall be a condition of the deemed planning permission, so far as relating to relevant development in the area of a county council which is not a qualifying authority for the purposes of this Schedule.

(2)For the purposes of sub-paragraph (1) above, relevant development is development consisting of the formation, laying out or alteration, in connection with an excepted matter, of any means of access to a highway used by vehicular traffic.

(3)The requirements set out in paragraphs 22, 23 and 24 below shall be conditions of the deemed planning permission, so far as relating to relevant development in the area of a county council which is a qualifying authority for the purposes of this Schedule.

(4)For the purposes of sub-paragraph (3) above, relevant development is development consisting of—

(a)the formation, laying out or alteration, in connection with an excepted matter, of any means of access to a highway used by vehicular traffic,

(b)the disposal of waste or spoil, or

(c)the excavation of bulk materials from borrow pits.

(5)The requirement set out in paragraph 25 below shall be a condition of the deemed planning permission, so far as relating to development in the area of a county council which is a qualifying authority for the purposes of this Schedule.

(6)For the purposes of this paragraph, the following are excepted matters—

(a)the transport of minerals,

(b)the transport of surplus spoil or top soil,

(c)the disposal of waste or spoil, and

(d)the excavation of bulk materials from borrow pits.

County conditions: non-qualifying authority

21(1)Development shall be carried out in accordance with plans and specifications for the time being approved by the county planning authority at the request of the nominated undertaker.

(2)The county planning authority may, on approving a plan or specification for the purposes of this paragraph, specify any respect in which it requires additional details of the development to be submitted for approval.

(3)Where the county planning authority exercises the power conferred by sub-paragraph (2) above, the plans and specifications in accordance with which the development is required under sub-paragraph (1) above to be carried out shall, as regards the specified respect, include a plan or specification showing the additional details.

(4)The only ground on which the county planning authority may refuse to approve plans or specifications for the purposes of this paragraph is that the development to which they relate ought to, and could reasonably, be carried out elsewhere on land within the relevant limits.

County conditions: qualifying authority

22(1)To the extent that development consists of any operation or work mentioned in the left-hand column of the table in sub-paragraph (4) below, it shall be carried out in accordance with plans and specifications for the time being approved by the county planning authority at the request of the nominated undertaker.

(2)The county planning authority may, on approving a plan or specification for the purposes of this paragraph, specify any respect in which it requires additional details of the development to be submitted for approval.

(3)Where the county planning authority exercises the power conferred by sub-paragraph (2) above, the plans and specifications in accordance with which the development is required under sub-paragraph (1) above to be carried out shall, as regards the specified respect, include a plan or specification showing the additional details.

(4)The only ground on which the county planning authority may refuse to approve for the purposes of this paragraph plans or specifications of any operation or work mentioned in the following table is a ground specified in relation to it in the right-hand column of that table.

The Table
Operation or workGrounds

Note: In the case of items 2 and 3, the second of the grounds specified does not apply in relation to development which—

(a)

is within the limits of deviation for the scheduled works, or

(b)

consists of the use of land specified in columns (1) and (2) of Part I of Schedule 4 for a purpose specified in relation to the land in column (3) of that Part.

Highway access

1The formation, laying out or alteration of any means of access to a highway used, or proposed highway proposed to be used, by vehicular traffic.

That the development ought to be modified to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, and is reasonably capable of being so modified.
Waste and spoil disposal

2The disposal of waste or spoil.

That—

(a)

the design or external appearance of disposal sites on land within the relevant limits,

(b)

the methods by which such sites are worked, or

(c)

the noise, dust, vibration or screening arrangements during the operation of such sites, ought to be modified and are reasonably capable of being modified.

That—

(a)

to preserve the local environment or local amenity,

(b)

to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, or

(c)

to preserve a site of archaeological or historic interest or nature conservation value,

the development ought to be carried out on land elsewhere within the relevant limits, and is reasonably capable of being so carried out.

Borrow pits

3The excavation of bulk materials from borrow pits.

That—

(a)

the design or external appearance of borrow pits on land within the relevant limits,

(b)

the methods by which such pits are worked, or

(c)

the noise, dust, vibration or screening arrangements during the operation of such pits,

ought to be modified and are reasonably capable of being modified.

That—

(a)

to preserve the local environment or local amenity,

(b)

to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, or

(c)

to preserve a site of archaeological or historic interest or nature conservation value,

the development ought to be carried out on land elsewhere within the relevant limits, and is reasonably capable of being so carried out.

(5)Sub-paragraph (4) above shall apply in relation to the imposition of conditions on approval as it applies in relation to the refusal of approval.

23(1)Development shall be carried out in accordance with arrangements approved by the county planning authority at the request of the nominated undertaker with respect to the matters mentioned in the left-hand column of the table in sub-paragraph (2) below.

(2)The only ground on which the county planning authority may refuse to approve for the purposes of this paragraph arrangements with respect to a matter mentioned in the following table is—

(a)that the arrangements relate to development which, for the purposes of regulating the matter in question, ought to and can reasonably be considered in conjunction with other permitted development which is to be carried out in the authority’s area, or

(b)the ground specified in relation to the matter in the right-hand column of the table.

The Table
MattersGrounds
Handling of re-usable spoil and top soil

1Handling during removal, storage, and re-use of any spoil or top soil removed during the course of carrying out the development.

That the arrangements ought to be modified to ensure that the spoil or top soil remains in good condition and are reasonably capable of being so modified.
Storage sites

2Sites on land within the relevant limits at which—

(a)minerals, aggregates or other construction materials required for the development, or

(b)spoil or top soil, are to be stored until used or re-used in carrying out the development or disposed of as waste.

That the arrangements ought to be modified—

(a)

to preserve the local environment, local amenity or a site of archaeological or historic interest or nature conservation value, or

(b)

to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area,

and are reasonably capable of being so modified.

Construction camps

3Sites on land within the relevant limits which are to be used for the residential accommodation of persons engaged in carrying out the development.

As item 2.
Screening

4Provision where necessary on land within the relevant limits of any screening for working sites on such land required for the purpose of carrying out the development.

As item 2.
Hours of working

5The hours and days of the week during which work on the development on land within the relevant limits is to be carried out.

That the arrangements ought to be modified to preserve the local environment or local amenity, and are reasonably capable of being so modified.
Artificial lighting

6The use of artificial lighting on land within the relevant limits for the purpose of carrying out the development.

As item 5.
Suppression of noise, dust and vibration

7The suppression of noise, dust and vibration caused by construction operations carried on on land within the relevant limits for the purpose of carrying out the development.

As item 5.
Mud on highway

8Measures to be taken on land within the relevant limits to prevent mud being carried onto any public highway as a result of carrying on the development.

That the arrangements ought to be modified—

(a)

to preserve the local environment or local amenity, or

(b)

to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area,

and are reasonably capable of being so modified.

Highway access

9The formation, laying out or alteration of any means of access to any highway used, or proposed highway proposed to be used, on a temporary basis by vehicular traffic to serve a working site or camp.

That the arrangements ought to be modified to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, and are reasonably capable of being so modified.

(3)The county planning authority may only impose conditions on approval for the purposes of this paragraph with the agreement of the nominated undertaker.

24(1)To the extent that development consists of—

(a)the disposal of waste or spoil, or

(b)the excavation of bulk materials from borrow pits,

it shall not be begun unless the county planning authority has, at the request of the nominated undertaker, approved a scheme for the restoration of the land on which the development is to be carried out.

(2)The only ground on which the county planning authority may refuse to approve, or impose conditions on the approval of, a scheme for the purposes of this paragraph is that the scheme ought to be modified and is reasonably capable of being modified.

(3)The nominated undertaker shall carry out a scheme approved for the purposes of this paragraph once it has completed its use of the land to which the scheme relates for the purpose of carrying out development of a kind to which sub-paragraph (1) above applies.

(4)In sub-paragraph (1) above, the reference to restoration includes a reference to restoration in the longer term; and, accordingly, a scheme for the restoration of land may include provision about aftercare.

25(1)Development shall be carried out in accordance with arrangements approved by the county planning authority at the request of the nominated undertaker with respect to the means and routes by which anything is to be transported on a highway by large goods vehicle to a working or storage site, a site where it will be re-used or a waste disposal site.

(2)The only ground on which the county planning authority may refuse to approve arrangements for the purposes of this paragraph is—

(a)that the arrangements relate to development which, for the purposes of regulating the matter in question, ought to and can reasonably be considered in conjunction with other permitted development which is to be carried out in the authority’s area, or

(b)that the arrangements ought to be modified—

(i)to preserve the local environment, local amenity or a site of archaeological or historic interest or nature conservation value, or

(ii)to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area,

and are reasonably capable of being so modified.

(3)The county planning authority may only impose conditions on approval for the purposes of this paragraph with the agreement of the nominated undertaker.

(4)In this paragraph, “large goods vehicle” has the same meaning as in Part IV of the [1988 c. 52.] Road Traffic Act 1988.

Part IVSupplementary

Programming of requests for planning approvals

26A planning authority shall not be required to entertain a request for approval under Part II or III of this Schedule unless—

(a)the nominated undertaker has deposited with the authority a document setting out its proposed programme with respect to the making of requests under that Part to the authority, and

(b)the request is accompanied by a document explaining how the matters to which the request relates fit into the overall scheme of the works authorised by this Part of this Act.

Consultation

27(1)Where a planning authority considers that a request for approval under Part II or III of this Schedule relates to matters which may affect—

(a)nature conservation,

(b)the conservation of the natural beauty or amenity of the countryside, or

(c)a site of archaeological or historic interest,

it shall, within 5 days of receiving the request, invite the appropriate body or bodies to make representations.

(2)Where under sub-paragraph (1) above a planning authority has invited a body to make representations about a request for approval under Part II or III of this Schedule, it shall not make any decision about the request until—

(a)it has received representations from the body about the request,

(b)it has been informed by the body that it does not wish to make any representations about the request, or

(c)21 days have elapsed since the date of the invitation.

(3)An invitation under sub-paragraph (1) above shall specify the time limit for making representations.

(4)For the purposes of this paragraph, the following are appropriate bodies in relation to the following matters—

MatterBody
Nature conservation.The Nature Conservancy Council for England.
Conservation of the natural beauty or amenity of the countryside.The Countryside Commission.
Sites of archaeological or historic interest.The Historic Buildings and Monuments Commission for England.

28(1)Where a planning authority considers that a request for approval under Part II or III of this Schedule relates to matters which may affect—

(a)the conservation of the natural beauty or amenity of inland or coastal waters or land associated with such waters,

(b)the conservation of flora or fauna which are dependent on an aquatic environment, or

(c)the use of such waters or land for recreational purposes,

it shall, within 5 days of receiving the request, invite the Environment Agency to make representations.

(2)Where under sub-paragraph (1) above a planning authority has invited the Environment Agency to make representations about a request for approval under Part II or III of this Schedule, it shall not make any decision about the request until—

(a)it has received representations from the Agency about the request,

(b)it has been informed by the Agency that it does not wish to make any representations about the request, or

(c)21 days have elapsed since the date of the invitation.

(3)An invitation under sub-paragraph (1) above shall specify the time limit for making representations.

29(1)Where a planning authority considers that a request for approval under Part II or III of this Schedule relates to matters which may affect the Lee Valley Regional Park, it shall, within 5 days of receiving the request, invite the Lee Valley Regional Park Authority to make representations.

(2)Where under sub-paragraph (1) above a planning authority has invited the Lee Valley Regional Park Authority to make representations about a request for approval under Part II or III of this Schedule, it shall not make any decision about the request until—

(a)it has received representations from the Authority about the request,

(b)it has been informed by the Authority that it does not wish to make any representations about the request, or

(c)21 days have elapsed since the date of the invitation.

(3)An invitation under sub-paragraph (1) above shall specify the time limit for making representations.

Intervention by Secretary of State

30(1)The appropriate Ministers may by directions require a planning authority to refer any request for approval under Part II or III of this Schedule to them.

(2)In determining a request referred to them under this paragraph, the appropriate Ministers shall have the same powers as the authority making the reference.

(3)The determination by the appropriate Ministers of a request referred to them under this paragraph shall be final.

(4)Directions under this paragraph may—

(a)be given in relation to a specified request or requests of a specified description, and

(b)cancel or vary previous directions under this paragraph.

31(1)The appropriate Ministers may by directions restrict a planning authority’s powers in relation to the grant of approval under Part II or III of this Schedule.

(2)Directions under this paragraph may—

(a)be given in relation to a specified approval or approvals of a specified description,

(b)be expressed to have effect without limit of time or during a specified period, and

(c)cancel or vary previous directions under this paragraph.

Appeals

32(1)Where the nominated undertaker is aggrieved by a decision of a planning authority on a request for approval under Part II or III of this Schedule (including a decision under sub-paragraph (2) of paragraph 5, 6, 14, 15, 21 or 22 above), it may appeal to the appropriate Ministers by giving notice of the appeal in the prescribed form to them and the authority whose decision is appealed against within 28 days of notification of the decision.

(2)On an appeal under this paragraph, the appropriate Ministers may allow or dismiss the appeal or vary the decision of the authority whose decision is appealed against, but may only make a determination involving the refusal of, or imposition of conditions on, approval on grounds open to that authority.

(3)Where, following receipt by a planning authority of a request by the nominated undertaker for relevant approval, the authority does not notify the undertaker within the appropriate period—

(a)of its decision on the request, or

(b)that the request has been referred to the appropriate Ministers in accordance with directions under paragraph 30 above,

this paragraph shall apply as if the authority had refused the request and notified the undertaker of its decision on the last day of the appropriate period.

(4)For the purposes of sub-paragraph (3) above, the appropriate period is the period of 8 weeks beginning with the date on which the request was received by the planning authority or such extended period as may at any time be agreed upon in writing between the authority and the nominated undertaker.

(5)The appropriate Ministers may by regulations make provision for the extension of the appropriate period for the purposes of sub-paragraph (3) above in connection with the payment of fees by means of cheque.

(6)The power to make regulations under sub-paragraph (5) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7)In this paragraph, “prescribed” means prescribed by regulations made by the appropriate Ministers.

33No appeal under section 78 of the [1990 c. 8.] Town and Country Planning Act 1990 (right to appeal against planning decisions and failure to take such decisions) may be made against a decision, or failure to notify a decision, in relation to which a right of appeal arises under paragraph 32 above.

34(1)Unless the appropriate Ministers direct otherwise, their functions in relation to the determination of an appeal under paragraph 32 above shall, instead of being carried out by them, be carried out by a person appointed by them for the purpose.

(2)The appropriate Ministers may by a further direction revoke a direction under sub-paragraph (1) above at any time before the determination of the appeal.

(3)A direction under sub-paragraph (1) or (2) above shall be served on the nominated undertaker and the planning authority whose decision is appealed against.

(4)At any time before the determination of an appeal by a person appointed for the purpose under this paragraph, the appropriate Ministers may revoke his appointment and appoint another person to determine the appeal instead.

(5)Where the function of determining an appeal under paragraph 32 above is transferred from one person to another, the person to whom the function is transferred shall consider the matter afresh, but the fact that the function is transferred shall not entitle any person to make fresh representations or to modify or withdraw any representations already made.

(6)If the appropriate Ministers determine an appeal which another person was previously appointed to determine, they may, in determining it, take into account any report made to them by that person.

35The decision of the person appointed under paragraph 34 above, or, as the case may be, of the appropriate Ministers, on an appeal under paragraph 32 above shall be final.

36(1)An appeal under paragraph 32 above shall be dealt with on the basis of written representations, unless the person deciding the appeal directs otherwise.

(2)Subject to that, the appropriate Ministers may by regulations make such provision as they think fit about procedure in relation to appeals under paragraph 32 above.

(3)Regulations under sub-paragraph (2) above may, in particular—

(a)make provision for a time limit within which any person entitled to make representations must submit them in writing and any supporting documents,

(b)empower the person deciding an appeal to proceed to a decision taking into account only such written representations and supporting documents as were submitted within the time limit, and

(c)empower the person deciding an appeal, after giving written notice of his intention to do so to the nominated undertaker and the planning authority whose decision is appealed against, to proceed to a decision notwithstanding that no written representations were made within the time limit, if it appears to him that he has sufficient material before him to enable him to reach a decision on the merits of the case.

(4)Regulations under sub-paragraph (2) above may, in relation to such a time limit as is mentioned in sub-paragraph (3)(a) above—

(a)prescribe the time limit in the regulations, or

(b)enable the appropriate Ministers to give directions setting the time limit in a particular case or class of case.

37(1)Regulations under paragraph 32 or 36 above may make different provision for different cases.

(2)The power to make regulations under paragraph 32 or 36 above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Interpretation

38(1)In this Schedule—

(2)In this Schedule—

(a)references to the appropriate Ministers are to the Secretary of State for the Environment and the Secretary of State for Transport and, in relation to the carrying out of any function, are to those Ministers acting jointly, and

(b)references to land within the relevant limits are to land within the limits of deviation for the scheduled works or within the limits of land to be acquired or used.

(3)For the purposes of this Schedule, spoil or top soil is surplus if it is not used for the purposes of any of the works authorised by this Part of this Act.

Section 12.

SCHEDULE 7Heritage

Listed buildings and conservation areas

1(1)Subject to sub-paragraph (2) below, if a listed building was such a building immediately before 30th September 1994 and is specified in columns (1) and (2) of the following table—

(a)section 7 of the [1990 c. 9.] Planning (Listed Buildings and Conservation Areas) Act 1990 (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 this Part of this Act,

(b)to the extent that a notice issued in relation to the building under section 38(1) of that Act (enforcement) requires the taking of steps which would be rendered ineffective, or substantially ineffective, by works proposed to be carried out in exercise of the powers conferred by this Part of this Act, it shall not have effect or, as the case may be, shall cease to have effect,

(c)no steps may be taken in relation to the building under section 42(1) of that Act (execution of works specified in notice under section 38(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 54 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) and (2) of the following table in relation to which any description of works is specified in column (3) 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 this Part 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 30th September 1994.

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

(a)was not included in a conservation area immediately before 30th September 1994, or

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

section 74 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (control of demolition in conservation areas) shall not apply to the demolition of it in exercise of the powers conferred by this Part of this Act.

(5)Anything which, by virtue of section 1(5) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (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.

(6)In this paragraph, “building” and “listed building” have the same meanings as in the Planning (Listed Buildings and Conservation Areas) Act 1990.

The Table

Buildings Authorised to be Demolished

(1)(2)(3)
AreaBuildings authorised to be demolishedLimit of authorised demolition or alteration
GREATER LONDON
London Borough of CamdenSt. Pancras Station and Chambers comprising trainshed, Chambers and ancillary buildings, including those in the forecourt. Grade I.Demolition of structures at ground and upper levels to the north and on the west side of the trainshed and alterations and partial demolition elsewhere.
Great Northern Hotel, Pancras Road. Grade II.Partial demolitions and alterations in service yard and remedial alterations elsewhere.
26 Pancras Road (German Gymnasium). Grade II.Demolition of entrance, including stairs and passageway, and western hall and alterations and partial demolition elsewhere.
Kings Cross Station. Grade I.Demolition of porte cochere and part of west side offices and remedial alterations elsewhere.
Front boundary wall to Euston Road Fire Brigade Station. Grade II.
Flats 1 to 20 Stanley Buildings, Stanley Passage (south side). Grade II.Demolition of flats 1 to 10 and remedial alterations elsewhere.
3 linked gas holders, Goods Way (west side). Grade II.
Water point north of St. Pancras Station. Grade II.
Nos. 1 to 11 (odd) Euston Road.
Red Star Parcels office, Cheney Road.
Former Police buildings, Cheney Road.
Former Motorail Terminal, Cheney Road.
South Side Buildings, Wellers Court.
British Rail Staff Association Clubhouse, 2b Pancras Road.
Kings Cross taxi park cafe (temporary building), Pancras Road.
22, 24, 28, 30 and 32 Pancras Road.
Buildings at 40 Pancras Road.
1 to 4 Gas Works Cottages, Battle Bridge Road.
Single unlisted gas holder, associated gas governor and gas supply building and apparatus, Battle Bridge Road.
Units 1 to 6, 1 Battle Bridge Road.
The Battle Bridge Centre, 2 to 6 Battle Bridge Road.
Warehouse, 1 and 2 Goods Way.
1 Camley Street.
Fuel depot and electricity substation complex, Wharf Road.
Railway bridge (No. 8) over Regent’s Canal.
Railway bridge (No. 6) over Camley Street.
Light industrial unit, Camley Street (south of railway bridge No. 6).
2 solid waste transfer stations, Camley Street.
2 unlisted gas holders, Camley Street (west side).
No. 1 Midland Road and railway bridge No.1, at the junction of Pancras Road and Goods Way.
Arches 42 to 47 inclusive, 48 to 54 (even), 58 to 90(a) (even) (east side of Pancras Road) and disused coal drops above.
Boundary wall to Neville Close and arches 113-115 (west side of Pancras Road).
Walls along the west side of Midland Road, and along the south side of Brill Place, including incorporated structures at ground and upper levels.
Boundary walls and fences to east side of Pancras Road, south of Battle Bridge Road; north side of Clarence Passage; north and south sides of Stanley Passage; east and west side of Cheney Road; north and south sides of Battle Bridge Road; south side of Goods Way; north side of Goods Way, west of the concrete canal bridge; west side of Camley Street, south of the railway bridge; southern section of east side of Camley Street.
Any other walls, fences, parapets, bridge inverts, underground structures, plant, machinery and towpath works as required to be demolished to construct the works authorised by this Part of this Act within King’s Cross/St. Pancras, Regent’s Canal, Camden Square and Bartholomew Estate Conservation Areas.
London Borough of IslingtonCaledonian Road and Barnsbury Station Ticket Office.
COUNTY OF KENT
Borough of Gravesham, Parish of CobhamParish boundary stone, Brewers Road. Grade II.
Borough of Ashford, Parish of CharingBrockton, Egerton Road, Charing Heath. Grade II.
Weatherboarded barn to the east of Brockton. Grade II.
Borough of Ashford, Parish of HothfieldYonsea, Maidstone Road. Grade II.
Oasthouse to the south of Yonsea, Maidstone Road. Grade II.
Granary and cartshed to the north west of Yonsea, Maidstone Road. Grade II.
Yonsea Bungalow, Maidstone Road. Grade II.
Range of barns 50 metres to the north of Yonsea, Maidstone Road. Grade II.
Range of barns 50 metres to the west of Yonsea, Maidstone Road. Grade II.
Borough of Ashford, Town of Ashford2 Boys Hall Road. Grade II.
4 Boys Hall Road. Grade II.
District of Shepway, Parish of SellindgeRailway Cottages (Talbot House). Grade II.

2(1)In the case of a listed building to which sub-paragraph (2) below applies—

(a)section 7 of the [1990 c. 9.] Planning (Listed Buildings and Conservation Areas) Act 1990 shall not apply to any works for the alteration or extension of the building which are carried out, in exercise of the powers conferred by this Part of this Act, for the purpose of maintaining or restoring its character as a building of special architectural or historical interest,

(b)to the extent that a notice issued in relation to the building under section 38(1) of that Act requires the taking of steps which would be rendered ineffective, or substantially ineffective, by works proposed to be carried out in exercise of the powers conferred by this Part of this Act, it shall not have effect or, as the case may be, shall cease to have effect,

(c)no steps may be taken in relation to the building under section 42(1) of that Act 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 54 of that Act which would be rendered ineffective, or substantially ineffective, by such works as are mentioned in paragraph (b) above.

(2)This sub-paragraph applies to a listed building if—

(a)it was not such a building immediately before 30th September 1994, or

(b)it was such a building immediately before that date and is specified in the following table.

(3)Anything which, by virtue of section 1(5) of the Planning (Listed Buildings and Conservation Areas) Act 1990, 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.

(4)In this paragraph, “building” and “listed building” have the same meanings as in the [1990 c. 9.] Planning (Listed Buildings and Conservation Areas) Act 1990.

The Table

Buildings Authorised to be Extended and Altered

AreaBuilding
GREATER LONDON
London Borough of CamdenFlats 21 — 30 Stanley Buildings, Clarence Passage (north side). Grade II.
Lock Keepers Cottage, Camley Street. Grade II.
The Granary, York Way. Grade II.
Gas holder, Goods Way (east side). Grade II.
London Borough of Islington302 — 304 Liverpool Road. Grade II.
1 — 4 Highbury Place. Grade II.
Church of St Jude, Mildmay Grove. Grade II.
111 Mildmay Grove. Grade II.
London Borough of HackneyLodge to west entrance of the German Hospital, Ritson Road. Grade II.
Main block and attached extension to the east of the German Hospital, Ritson Road. Grade II.
Church of St. Luke, Woodbine Terrace. Grade C.
Mission Hall to the north of St. Mary of Eton, Eastway. Grade II.
COUNTY OF ESSEX
Borough of ThurrockBarn to north of High House, London Road, Purfleet. Grade II.
COUNTY OF KENT
Borough of Gravesham, Town of Gravesend24/25 The Hill (Coach and Horses public house) Northfleet. Grade II.
Borough of Maidstone, Parish of LenhamOxley House, Boughton Road. Grade II.
Old Cottage and Water Street Cottage, Lenham Heath Road. Grade II.
Yew Tree Cottage, Hook Street, Lenham Heath. Grade II.
Borough of Ashford, Parish of CharingRose Cottage, Westwell Leacon. Grade II.
The Old Parsonage Farmhouse, Maidstone Road. Grade II.
Borough of Ashford, Town of AshfordIndustrial building belonging to Knowles Removals and Storage, Station Road. Grade II.
Willesborough and District Labour Club, Bentley Road. Grade II.
Borough of Ashford, Parish of SevingtonOrchard Cottage, Church Road. Grade II.
Nos. 1 and 2 Maytree Cottages, Church Road. Grade II.
Bridge Cottage, Highfield Lane, Sevington. Grade II.
Borough of Ashford, Parish of MershamBridge House, Church Road. Grade II.
District of Shepway, Parish of SellindgeStream Cottage and Grove Bridge Cottage, Barrow Hill. Grade II.

3Section 59 of the [1990 c. 9.] Planning (Listed Buildings and Conservation Areas) Act 1990 (acts causing or likely to result in damage to listed buildings) shall not apply to anything done in exercise of the powers conferred by this Part of this Act with respect to works.

Ancient monuments etc.

4(1)This paragraph has effect in relation to the [1979 c. 46.] Ancient Monuments and Archaeological Areas Act 1979.

(2)Section 2 (control of works affecting scheduled monuments) shall not apply to any works authorised by this Part of this Act.

(3)The powers of entry conferred by section 6(1) (entry to ascertain condition of scheduled monument), section 6A(1) (entry to enforce control of works affecting scheduled monuments) and section 26 (entry to record matters of archaeological or historical interest) shall not be exercisable in relation to land used for or in connection with the carrying out of any of the works authorised by this Part of this Act.

(4)The provisions of the Act with respect to the functions of a person as a guardian by virtue of the Act, and the provisions of any agreement under section 17 (agreement concerning ancient monuments and land in their vicinity), shall have effect subject to the powers conferred by this Part of this Act with respect to works.

(5)Section 19 (public access to monuments under public control) shall not apply in relation to a monument which is closed by the nominated undertaker for the purposes of, in connection with or in consequence of the carrying out of any of the works authorised by this Part of this Act.

(6)Regulations under section 19(3) or (4A) (which may include provision prohibiting or regulating any act or thing which would tend to injure or disfigure a monument or its amenities or disturb the public in their enjoyment of it) shall not apply to anything done in exercise of the powers conferred by this Part of this Act with respect to works.

(7)The power conferred by section 19(6) (power to refuse admission to monuments under public control) shall not be exercisable so as to prevent or restrict the exercise of the powers conferred by this Part of this Act with respect to works.

(8)In section 25 (treatment of ancient monuments)—

(a)subsection (2) (superintendence by the Historic Buildings and Monuments Commission for England) shall not authorise the superintendence of the carrying out of any of the works authorised by this Part of this Act, and

(b)subsection (3) (power of the Commission to charge for advice under subsection (1)) shall not apply in relation to advice given in connection with the carrying out of any of those works.

(9)Section 28 (offence of damaging certain ancient monuments) shall not apply to anything done in exercise of the powers conferred by this Part of this Act with respect to works.

(10)Section 35 (notice required of operations in areas of archaeological importance) shall not apply to operations carried out in exercise of the powers conferred by this Part of this Act with respect to works.

(11)Section 39(1) (power to investigate in advance of operations notice any site which may be acquired compulsorily) shall have effect as if operations carried out in exercise of the powers conferred by this Part of this Act with respect to works were exempt works for the purposes of that provision.

(12)Section 42(1) (prohibition on use of metal detectors in protected places without consent) shall not apply to the use of a metal detector for the purposes of or in connection with the exercise of the powers conferred by this Part of this Act with respect to works.

(13)Section 42(3) (prohibition on removal without consent of object discovered by use of a metal detector in a protected place) shall not apply to the removal of objects discovered by the use of a metal detector for the purposes of or in connection with the exercise of the powers conferred by this Part of this Act with respect to works.

5(1)The power of entry conferred by section 36(1) of the [1983 c. 47.] National Heritage Act 1983 (entry to obtain information about ancient monuments and historic buildings for the purposes of the records kept by the Historic Buildings and Monuments Commission for England) shall only be exercisable in relation to land used, or intended for use, for or in connection with the carrying out of any of the works authorised by this Part of this Act with the consent of the nominated undertaker, such consent not to be unreasonably withheld.

(2)Consent for the purposes of sub-paragraph (1) above may be granted subject to compliance with any reasonable requirements or conditions imposed for reasons of safety or for the purpose of preventing interference with or delay to the works.

(3)Section 36(6) of the [1983 c. 47.] National Heritage Act 1983 (which, in relation to land on which works are being carried out, regulates the exercise of the right to enter land to obtain information about ancient monuments and historic buildings for the purposes of the records kept by the Historic Buildings and Monuments Commission for England) shall not apply in relation to land on which works authorised by this Part of this Act are being carried out.

(4)Any dispute under this paragraph shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the appropriate Ministers acting jointly.

(5)In sub-paragraph (4) above, “appropriate Ministers” means—

(a)in relation to a dispute about entry for the purpose of obtaining information about an ancient monument, the Secretary of State for National Heritage and the Secretary of State for Transport, and

(b)in relation to a dispute about entry for the purpose of obtaining information about an historic building, the Secretary of State for the Environment and the Secretary of State for Transport.

(6)In sub-paragraph (5) above, “ancient monument” and “historic building” have the meanings given by section 33(8) of the National Heritage Act 1983.

Section 13.

SCHEDULE 8Heritage: rights of entry

Historic Buildings and Monuments Commission for England

1(1)Any person duly authorised in writing by the Commission may at any reasonable time enter any land on which (or in or under which) a scheduled monument is situated—

(a)for the purpose of observing or advising upon the exercise in relation to the land of any of the powers conferred by paragraph 10(1) of Schedule 2 to this Act, or

(b)for the purpose of inspecting, observing or advising upon the carrying out of any works on the land in exercise of any of the other powers conferred by this Part of this Act.

(2)Any person duly authorised in writing by the Commission may at any reasonable time enter any land in Greater London for the purpose of inspecting or observing the carrying out in relation to any building on the land of any decontrolled works.

(3)The right conferred by sub-paragraph (1) or (2) above shall not be exercisable at a time when the nominated undertaker reasonably considers that it is not safe to exercise it.

(4)A person exercising the right conferred by sub-paragraph (1) or (2) above shall comply with any directions given by the nominated undertaker for the purpose of securing compliance with relevant health and safety provisions.

(5)In this paragraph, “decontrolled works” means works to which section 7 or 74 of the [1990 c. 9.] Planning (Listed Buildings and Conservation Areas) Act 1990 would apply, but for paragraph 1(1)(a), (3) or (4) or 2(1)(a) of Schedule 7 to this Act.

Royal Commission on the Historical Monuments of England

2(1)The nominated undertaker shall not carry out any decontrolled works consisting of the demolition of a building unless—

(a)notice of the proposal to carry out the works has been given to the Royal Commission, and

(b)the appropriate period since the giving of the notice has elapsed.

(2)Subject to sub-paragraph (3) below, the appropriate period for the purposes of sub-paragraph (1)(b) above is 8 weeks or such longer period as may have been agreed between the nominated undertaker and the Royal Commission.

(3)In case of emergency, the appropriate period for the purposes of sub-paragraph (1)(b) above is such period as is reasonable in the circumstances.

(4)In determining whether the appropriate period for the purposes of sub-paragraph (1)(b) above has elapsed, there shall be disregarded any day on which entry to the building is refused under paragraph 3(2) below.

(5)In this paragraph, “decontrolled works” means works to which section 7 of the [1990 c. 9.] Planning (Listed Buildings and Conservation Areas) Act 1990 would apply, but for paragraph 1(1)(a) or (3) of Schedule 7 to this Act.

3(1)Following the giving of a notice under paragraph 2(1) above in relation to any building, any person duly authorised in writing by the Royal Commission may, at any reasonable time during the inspection period, enter the building for the purpose of recording it.

(2)The right conferred by sub-paragraph (1) above shall not be exercisable at a time when the nominated undertaker reasonably considers that it is not safe to exercise it.

(3)A person exercising the right conferred by sub-paragraph (1) above shall comply with any directions given by the nominated undertaker for the purpose of securing compliance with relevant health and safety provisions.

(4)For the purposes of sub-paragraph (1) above, the inspection period, in relation to a building which is the subject of a notice under paragraph 2(1) above, is the period beginning when the notice under that provision is given and ending when the prohibition under that provision ceases to apply to the building.

Interpretation

4In this Schedule—

Section 20.

SCHEDULE 9Application of Other Railway Legislation

Part IRailways Clauses Acts

Railways Clauses Consolidation Act 1845 (c. 20)

1(1)The Railways Clauses Consolidation Act 1845, insofar as applicable for the purposes of this Act and not inconsistent with its provisions, is hereby incorporated with this Act.

(2)The following provisions are excepted from incorporation by virtue of sub-paragraph (1) above—

(3)In their application by virtue of sub-paragraph (1) above—

(a)section 2 shall have effect with the substitution for “so incorporated as aforesaid” of “incorporated”,

(b)section 6 shall have effect with the omission of the words “and to take lands for that purpose”, “taken or” and “for the value of the lands so taken or used, and”,

(c)section 16, so far as relating to the erection and construction of new stations, shall only have effect, so far as concerns the railways comprised in the rail link or the accommodation works connected therewith, to authorise the erection and construction of stations at St. Pancras in London and Ebbsfleet in Kent,

(d)sections 18 and 21 shall not apply in any case where the relations between the nominated undertaker and any other persons are regulated by sections 84 and 85 of the [1991 c. 22.] New Roads and Street Works Act 1991 or Part II of Schedule 15 to this Act,

(e)section 46 shall have effect with the omission of the proviso, and

(f)section 68 shall have effect with the omission of the words from “Such and” to “formation thereof” and from “together with all necessary gates” to “all necessary stiles”.

Railways Clauses Act 1863 (c. 92)

2(1)Part I of the Railways Clauses Act 1863, insofar as applicable for the purposes of this Act and not inconsistent with its provisions, is hereby incorporated with this Act.

(2)The following provisions are excepted from incorporation by virtue of sub-paragraph (1) above—

Part IIOther Legislation

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

3The Highway (Railway Crossings) Act 1839 shall not apply to a railway authorised by this Act.

Railway Regulation Act 1842 (c. 55)

4Section 9 of the Railway Regulation Act 1842 shall not apply to a railway authorised by this Act.

Regulation of Railways Act 1871 (c. 78)

5In section 2 of the Regulation of Railways Act 1871, in the definition of the term “railway”, the reference to any special Act of Parliament shall be construed as including this Act.

Railway Companies (Accounts and Returns) Act 1911 (c. 34)

6For the purposes of the Railway Companies (Accounts and Returns) Act 1911, a person shall not be a railway company by virtue of working a railway authorised by this Act.

British Transport Commission Act 1949 (c. xxix)

7(1)This paragraph has effect in relation to the British Transport Commission Act 1949.

(2)Section 55 (penalty for trespass on railways etc.) shall apply in relation to any railway, siding, tunnel, railway embankment, cutting or similar work comprised in the rail link as it applies in relation to any railway, siding, tunnel, railway embankment, cutting or similar work belonging to the British Railways Board.

(3)Section 56 (penalty for stone throwing etc. on railways) shall apply in relation to any railway or siding comprised in the rail link as it applies in relation to any railway or siding belonging to the British Railways Board.

Miscellaneous

8(1)In their application to—

(a)a rail link undertaker,

(b)the rail link, or

(c)any train of a rail link undertaker being used to provide services for the carriage of passengers or goods involving travel through the Channel Tunnel,

the enactments specified in column (1) of the following table (which create the offences broadly described in column (2) of the table) shall each have effect as if the maximum fine which may be imposed on summary conviction of any offence specified in the enactment were, instead of that specified in column (3) of the table, a fine not exceeding the level specified in column (4) of the table.

The Table
(1)(2)(3)(4)
EnactmentDescription of offenceMaximum otherwise applicable (level on standard scale)Maximum fine (level on standard scale)
Section 16 of the [1840 c. 97.] Railway Regulation Act 1840.Obstruction of officers of railway company or trespass upon railway.Level 1Level 3
Section 17 of the [1842 c. 55.] Railway Regulation Act 1842.Misconduct of persons employed on railways.Level 1Level 3
Section 22 of the [1868 c. 119.] Regulation of Railways Act 1868.Provision and improper use of means of communication.Level 1Level 2
The [1889 c. 57.] Regulation of Railways Act 1889—
section 5(1).Failure to produce ticket, to pay fare or to give name and address.Level 1Level 2
section 5(3).Travel with intent to avoid payment of fare.Level 2Level 3

(2)In such application—

(a)section 16 of the [1840 c. 97.] Railway Regulation Act 1840 shall have effect as if the court had, as an alternative to imposing a fine, the power to award imprisonment for a period not exceeding one month; and

(b)section 17 of the [1842 c. 55.] Railway Regulation Act 1842 shall have effect as if, instead of the power to award imprisonment for a period not exceeding two months, the court had power to award imprisonment for a period not exceeding three months; and

(c)section 5(2) of the [1889 c. 57.] Regulation of Railways Act 1889 (power to arrest passenger who fails to produce ticket and refuses to give his name and address) shall have effect as if after the word “refuses” there were inserted the words “or fails”.

Section 38.

SCHEDULE 10Disapplication and Modification of Miscellaneous Controls

Ecclesiastical law

1(1)No obligation or restriction imposed under ecclesiastical law or otherwise in relation to consecrated land shall have effect to prohibit, restrict or impose any condition on the exercise of the powers conferred by this Part of this Act with respect to works.

(2)Sub-paragraph (1) above shall not apply in relation to the use of land comprised in a burial ground for the purpose of constructing any of the works authorised by this Part of this Act.

Overground wires

2Nothing in the [1933 c. xliv.] London Overground Wires &c. Act 1933, or in any byelaw made under that Act, shall extend or apply to any wire or part of a wire erected or placed, proposed to be erected or placed, or for the time being maintained, by the nominated undertaker in exercise of the powers conferred by this Part of this Act.

London Building Acts (Amendment) Act 1939

3(1)This paragraph has effect in relation to the [1939 c. xcvii.] London Building Acts (Amendment) Act 1939.

(2)The following provisions, namely—

(a)Part III (construction of buildings and structures generally),

(b)Part IV (construction of special and temporary buildings and structures), and

(c)Part V (means of escape in case of fire),

shall not apply to anything held by the Secretary of State or the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Part of this Act.

(3)Sub-paragraph (2) above shall not apply in relation to a building which is a house or a hotel or which is used as offices or showrooms and does not form part of a railway station.

(4)No notice under section 45(1)(a) or (b) (notice before building at junction with adjoining land) shall be required before the building of any wall in exercise of the powers conferred by this Part of this Act.

(5)Sections 45(1)(c) and 46 (rights of adjoining owners) shall not have effect to confer rights in relation to—

(a)anything held by the Secretary of State or the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Part of this Act, or

(b)land on which there is any such thing.

(6)Section 50 (underpinning of adjoining buildings) shall not apply in relation to a proposal to erect anything in exercise of the powers conferred by this Part of this Act.

Coast works

4The following provisions of the [1949 c. 74.] Coast Protection Act 1949, namely—

(a)section 16(1) (consent of coast protection authority required for carrying out coast protection work),

(b)section 18(1) (prohibition of excavation or removal of materials from seashore), and

(c)section 34(1) (consent of Secretary of State required for works detrimental to navigation),

shall not apply in relation to anything done within the limits of deviation for the scheduled works in exercise of the powers conferred by this Part of this Act in relation to those works, or any work in connection with them.

Highways etc.

5(1)The following enactments, namely—

(a)section 15(1) of the [1970 c. lxxvi.] Greater London Council (General Powers) Act 1970, and

(b)section 169(1) of the [1980 c. 66.] Highways Act 1980,

(which control obstructions of the highway in connection with works related to buildings) shall not apply to anything erected, placed or retained in, upon or over a highway for the purposes of or in connection with the exercise of any of the powers conferred by this Part of this Act with respect to works.

(2)Section 141 of the Highways Act 1980 (restriction on planting trees or shrubs in or near carriageway) shall not apply to any tree or shrub planted for the purposes of or in connection with the exercise of any of the powers conferred by this Part of this Act with respect to works.

(3)Section 167 of the Highways Act 1980 (powers relating to retaining walls near streets) shall not apply to any length of a retaining wall erected on land held by the Secretary of State or the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Part of this Act.

(4)Nothing in section 8(2) to (5) of the [1986 c. iv.] Greater London Council (General Powers) Act 1986 (powers of borough councils in relation to retaining walls supporting the carriageway or footway of certain highways) shall apply with respect to any retaining wall erected in exercise of the powers conferred by this Part of this Act.

Areas of special scientific interest

6Sections 28(5) and 29(3) of the [1981 c. 69.] Wildlife and Countryside Act 1981 (which restrict, in relation to areas of special scientific interest, the carrying out of operations likely to damage the special flora, fauna or features) shall not apply to any operation carried out for the purposes of or in connection with the exercise of any of the powers conferred by this Part of this Act with respect to works.

Building regulations

7(1)Nothing in Part I of the [1984 c. 55.] Building Act 1984 with respect to building regulations, and nothing in any building regulations, shall apply in relation to a building held by the Secretary of State or the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Part of this Act.

(2)Sub-paragraph (1) above shall not apply in relation to a building which is a house or a hotel or which is used as offices or showrooms and does not form part of a railway station.

(3)Any building to which sub-paragraph (2) above applies shall be disregarded for the purposes of section 4(1)(b) of the Building Act 1984 (exception for certain buildings belonging to statutory undertakers).

Deposits in the sea

8(1)Section 5 of the [1985 c. 48.] Food and Environment Protection Act 1985 (requirement of licences for deposit of substances and articles in the sea etc.) shall not apply to the deposit of substances and articles within the limits of deviation for Work No. 10, 10R(2), 13 or 22J in exercise of the powers conferred by this Part of this Act in relation to that work, or any work in connection with it.

(2)In the case of substances and articles which have been excavated or dredged, sub-paragraph (1) above shall only apply to deposit in the course of use as a construction material.

London lorries: general

9(1)This paragraph applies where an application for the issue of a permit under the London Lorry Ban Order is made under paragraph 10 below or is otherwise expressed to be made in connection with the carrying out of authorised works.

(2)The application shall be granted if the issue of a permit is reasonably required—

(a)for the purpose of enabling authorised works to be carried out in a timely and efficient manner, or

(b)for the purpose of enabling authorised works to be carried out in accordance with approved arrangements.

(3)If the application is granted, no condition may be imposed which is likely to obstruct the carrying out of authorised works—

(a)in a timely and efficient manner, or

(b)in accordance with approved arrangements.

(4)If the applicant is aggrieved by a decision under sub-paragraph (2) or (3) above, he may appeal to the Secretary of State by giving notice in writing of the appeal to him and the authority whose decision is appealed against within 28 days of notification of the decision.

(5)On an appeal under sub-paragraph (4) above, the Secretary of State may allow or dismiss the appeal or vary the decision of the authority whose decision is appealed against.

(6)If on an appeal under sub-paragraph (4) above against a decision under sub-paragraph (3) above the Secretary of State varies the decision, the variation shall have effect from and including the date on which the appeal was constituted or such later date as the Secretary of State may specify.

(7)The applicant may not challenge a decision under sub-paragraph (3) above otherwise than by an appeal under sub-paragraph (4) above.

(8)In this paragraph—

London lorries: emergency permits

10(1)This paragraph applies where a person proposes to undertake a journey before the end of the next complete eight working days, being a journey—

(a)proposed to be undertaken in connection with the carrying out of authorised works, and

(b)for which a permit under the London Lorry Ban Order will be required.

(2)The person may apply for a permit under the Order for the journey by giving the details mentioned in sub-paragraph (3) below to the authority concerned by telephone or by means of facsimile transmission.

(3)The details referred to above are—

(a)the identity of the applicant,

(b)a number on which he can be contacted by telephone or by means of facsimile transmission,

(c)the registration number of the vehicle to which the application relates,

(d)the authorised works in connection with which the journey is to be undertaken,

(e)whether any approved arrangements are relevant to the application, and, if so, what they are,

(f)the date when the journey is proposed to be undertaken,

(g)if it is proposed to stop anywhere in Greater London for the purpose of making a delivery or collection, the place or places at which, and the time or times when, it is proposed to stop for that purpose.

(4)In this paragraph—

11(1)An authority responsible for dealing with applications for permits under the London Lorry Ban Order shall make arrangements enabling applications under paragraph 10 above to be made at any time.

(2)Once an application for a permit has been made under paragraph 10 above, then, for the purpose of any relevant journey, the application shall be treated as granted subject to such conditions as the Secretary of State may by order specify for the purposes of this provision.

(3)A journey is a relevant journey for the purposes of sub-paragraph (2) above if it is begun before the authority to which the application is made has communicated its decision on the application to the applicant by telephone or by means of facsimile transmission.

(4)If an application under paragraph 10 above has been granted, or is treated as granted, then, while the vehicle concerned is undertaking a journey covered by the application, paragraph 4 of the London Lorry Ban Order and of the Westminster Lorry Ban Order shall have effect in relation to it with the substitution for paragraph (a) of—

(a)in relation to any goods vehicle being driven by any person in a restricted street during the prescribed hours in respect of which an application under paragraph 10 of Schedule 10 to the Channel Tunnel Rail Link Act 1996 has been granted, or is treated as granted, provided that any conditions subject to which the application is granted, or treated as granted, are complied with; or.

(5)The power to make an order under sub-paragraph (2) above includes—

(a)power to make different provision for different cases, and

(b)power to make an order varying or revoking any order previously made under that provision.

(6)In this paragraph—

Works under streets in Greater London

12The following provisions of the [1986 c. iv.] Greater London Council (General Powers) Act 1986, namely—

(a)section 5(1) (consent of borough council required for demolition of works under a street),

(b)section 6(1) (consent of borough council required for works preventing access to premises under a street), and

(c)section 7(1) (consent of borough council required for infilling in premises under a street),

shall not apply to anything done in exercise of the powers conferred by this Part of this Act with respect to works.

Communication with public sewers in London

13Section 106(8) of the [1991 c. 56.] Water Industry Act 1991 (which qualifies the general right to communicate with the public sewers of a sewerage undertaker) shall not apply where the proposed communication involves a drain or sewer serving the rail link.

Section 39.

SCHEDULE 11Burial Grounds: Removal of Human Remains and Monuments

Notice of removal

1(1)Before removing from the land in question any remains or any monument to the deceased, the nominated undertaker shall—

(a)publish in each of two successive weeks in a newspaper circulating in the area where the land is situated, and

(b)at the same time leave displayed in a conspicuous place on or near the land,

a notice complying with sub-paragraph (2) below.

(2)A notice under sub-paragraph (1) above shall—

(a)identify the land to which it relates,

(b)set out in general terms the effect of paragraphs 2 to 5 below,

(c)state where, and in what form, an application under paragraph 2(1) below may be made, and

(d)state how the nominated undertaker proposes to carry out its functions under this Schedule with respect to the disposal of the remains or monument.

(3)No notice shall be required under sub-paragraph (1) above before the removal of any remains or any monument to the deceased where the Secretary of State notifies the nominated undertaker that he is satisfied—

(a)that the remains were interred more than 100 years ago, and

(b)that no relative or personal representative of the deceased is likely to object to the remains or monument being removed in accordance with this Schedule.

(4)No notice shall be required under sub-paragraph (1) above before the removal of any remains or any monument to the deceased if—

(a)there is in force under section 25 of the [1857 c. 81.] Burial Act 1857 (bodies not to be removed from burial grounds without licence of the Secretary of State) a licence relating to the remains, and

(b)the holder of the licence is the nominated undertaker or a body corporate which is a member of the same group as the nominated undertaker.

(5)In sub-paragraph (4)(b) above, “group” means a body corporate and all other bodies corporate which are its subsidiaries within the meaning of the [1985 c. 6.] Companies Act 1985.

Removal of remains

2(1)In the case of remains in relation to which paragraph 1(1) above applies, the nominated undertaker shall issue a licence for the removal of the remains if—

(a)it receives an application in writing from a relative or personal representative of the deceased, and

(b)the application is received before the end of 56 days after the day on which notice relating to the remains is first published under paragraph (a) of that provision.

(2)In the case of remains in relation to which paragraph 1(3) above applies, the nominated undertaker shall issue a licence for the removal of the remains if—

(a)it receives an application in writing from a relative or personal representative of the deceased, and

(b)the application is received before the nominated undertaker has removed the remains under paragraph 3(1) below.

(3)For the purposes of sub-paragraphs (1) and (2) above, a person shall be taken to be a relative or personal representative of the deceased if the nominated undertaker is satisfied that he is or the county court has declared that he is.

(4)A licensee under this paragraph may remove the remains to which the licence relates and reinter them elsewhere or cremate them.

(5)The reasonable costs of removal and reinterment or cremation under this paragraph shall be paid by the nominated undertaker.

(6)An application for a declaration for the purposes of sub-paragraph (3) above shall be made to the county court for the district in which the remains are interred.

(7)In this paragraph, references to a relative of the deceased are to a person who—

(a)is a husband, wife, parent, grandparent, child or grandchild of the deceased, or

(b)is, or is a child of, a brother, sister, uncle or aunt of the deceased.

3(1)In the case of remains in relation to which paragraph 1(1) or (3) above applies, the nominated undertaker may remove the remains unless—

(a)it is required under paragraph 2(1) or (2) above to issue a licence for their removal, or

(b)not more than 28 days have passed since the issue under that provision of such a licence.

(2)In the case of remains in relation to which paragraph 1(4) above applies, the nominated undertaker may remove the remains and, if it does so, shall be treated for the purposes of this Act as acting under this paragraph and not under the licence under the [1857 c. 81.] Burial Act 1857.

(3)The nominated undertaker shall reinter any remains removed under this paragraph in a burial ground or cremate them in a crematorium.

Removal of monuments

4(1)Where a licence to remove any remains is issued under paragraph 2(1) or (2) above, the licensee may remove from the land any monument to the deceased and re-erect it elsewhere or otherwise dispose of it.

(2)The reasonable costs of removal and re-erection under sub-paragraph (1) above shall be paid by the nominated undertaker.

5(1)Where the nominated undertaker removes any remains under paragraph 3 above, it may also remove from the land any monument to the deceased.

(2)Where any remains are removed under a licence under paragraph 2(1) or (2) above, the nominated undertaker may remove from the land any monument to the deceased which is not removed by the licensee within 28 days of the issue of the licence.

(3)Where any remains are removed under a licence under section 25 of the Burial Act 1857, the nominated undertaker may remove from the land any monument to the deceased which is not removed by the licensee.

(4)The nominated undertaker may remove any monument removed under this paragraph to the place, if any, where the remains of the deceased are interred or to some other appropriate place.

(5)The nominated undertaker shall break and deface any monument removed under this paragraph which is not dealt with under sub-paragraph (4) above.

Records

6(1)Where any remains are removed under this Schedule, the nominated undertaker shall, within two months of the removal, provide the Registrar General with a certificate which—

(a)identifies the remains, so far as practicable,

(b)states the date on which, and the place from which, the remains were removed, and

(c)states the date and place of reinterment or cremation.

(2)Where any monument is removed under this Schedule, the nominated undertaker shall, within two months of the removal—

(a)deposit with the local authority in whose area the monument was situated prior to the removal a record which—

(i)identifies the monument,

(ii)gives any inscription on it,

(iii)states the date on which and the place from which it was removed, and

(iv)states the place, if any, to which it was moved or how it was disposed of,

and

(b)provide the Registrar General with a copy of the record deposited under paragraph (a) above.

(3)The nominated undertaker may require any person who removes remains or a monument under this Schedule to provide it with any information about the remains or monument removed which it needs to comply with sub-paragraph (1) or (2) above.

(4)In sub-paragraph (2)(a) above, “local authority” means a district or London borough council or the Common Council of the City of London.

Supplementary

7(1)Where the nominated undertaker removes remains in relation to the removal of which a licence has been granted under paragraph 2(1) or (2) above, it shall carry out in accordance with the reasonable requests of the licensee—

(a)its functions under paragraph 3 above with respect to disposal of the remains, and

(b)if it removes any monument to the deceased, its functions under paragraph 5 above with respect to disposal of the monument.

(2)The Secretary of State may give such directions as he thinks fit with respect to the carrying out of any function under this Schedule.

(3)No licence shall be required under section 25 of the [1857 c. 81.] Burial Act 1857 for the removal under this Schedule of any remains.

(4)Nothing in any enactment relating to burial grounds and no obligation or restriction imposed under ecclesiastical law or otherwise shall have effect to prohibit, restrict or impose any condition on the removal under this Schedule of any remains or monument.

Section 44.

SCHEDULE 12The A2 and M2 Improvement Works

Part IThe Authorised Works

Description of works

1The works which the Secretary of State is authorised by section 44 of this Act to construct are the following—

Interpretation of Part I

2In paragraph 1 above—

Part IIInterference with Highways and Means of Access

Stopping up of highways

3(1)Subject to the provisions of this paragraph, the Secretary of State may, in connection with the construction of the A2 and M2 improvement works, stop up—

(a)each of the highways or parts of highways specified, by reference to the letters and numbers shown on the deposited plans, in columns (1) and (2) of the following table, and

(b)any other bridleways or footpaths within the limits of deviation for the works authorised by this Part of this Act or within the limits of land to be acquired or used.

(2)No highway or part of a highway, other than one specified in columns (1) and (2) of Part II of the following table, shall be stopped up under this paragraph unless the Secretary of State is in possession of all lands abutting on it, except so far as the owners and occupiers of those lands may otherwise agree.

(3)No highway or part of a highway specified in columns (1) and (2) of Part II of the following table shall be stopped up under this paragraph until the Secretary of State is satisfied that the new highway specified in relation to it in column (3) of that Part of the table, by reference to the letters and numbers shown on the deposited plans or by reference to works authorised by this Part of this Act, has been completed and is open for public use.

(4)On a highway or part of a highway being stopped up under this paragraph, all rights of way over or along it shall be extinguished.

(5)The Secretary of State shall compensate any person who suffers loss by the extinguishment under this paragraph of a private right of way.

(6)Any dispute as to a person’s entitlement to compensation under sub-paragraph (5) above, or as to the amount of such compensation, shall be determined under and in accordance with Part I of the [1961 c. 33.] Land Compensation Act 1961.

The Table
Highways to be Stopped Up

Part I

Highways to be Stopped Up Without Provision of Substitute

(1)(2)
AreaHighway or part to be stopped up
COUNTY OF KENT
Borough of Gravesham, Parish of ShorneFootpath NS312 for a distance of 45 metres north-eastwards from its junction with Watling Street (A2)
Borough of Gravesham, Parish of CobhamOld Watling Street (B395) between points K1 and K2
City of Rochester upon Medway, Parish of CuxtonFootpath RS205 between points D1 and D2
Footpath RR27 between points D2 and D3
Borough of Tonbridge and Malling, Parish of AylesfordAccess road to go-kart racing track between points S1 and S2
Access road between points H1 and H2
Victoria Close between points B3 and B4
Footpath MR201 between points T1 and T3 and between points T3 and T4
Footpath MR14 for a distance of 120 metres westwards from its junction with Maidstone Road (A229)