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Channel Tunnel Rail Link Act 1996

Status:

This is the original version (as it was originally enacted).

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—

  • “appropriate Ministers” means the Secretary of State for the Environment and the Secretary of State for Transport acting jointly;

  • “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; and

  • “structure” includes any erection.

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.

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