SCHEDULES
SCHEDULE 3Highways
Stopping-up
C41
1
The nominated undertaker may, in connection with the construction of the works authorised by this Act, stop up each of the highways or parts of highways specified in the following table.
2
No highway or part of a highway specified in columns (1) and (2) of Part 1 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
C1d
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 2 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 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 2 of the following table is provided in exercise of the powers conferred by 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) to be what it is taken to be for the purposes of paragraph 11(2).
(1) | (2) |
|---|---|
Area | Highway or part to be stopped up |
City of Westminster | Footpath within Westbourne Green Sports Complex between points P5, P6 and P7 North-eastern side of Eastbourne Terrace within extent of narrowing shown on the deposited plans Falconberg Court |
London Borough of Camden | Andrew Borde Street |
London Borough of Islington | Cowcross Street between points P1 and P2 |
City of London | Hayne Street between points P3 and P4 Fore Street Avenue between points P1 and P2 Moorfields between points P2 and P3 |
London Borough of Tower Hamlets | Fulbourne Street between points P1 and P2 Court Street between points P3 and P4 Wood's Buildings between points P5 and P6 South-eastern side of Durward Street within the extent of narrowing shown on the deposited plans between points P2 and P7 Garden Street between points P5 and P6 Eleanor Street between points P1 and P2 |
London Borough of Greenwich | Bostall Manorway between points P3 and P4 Abbey Terrace between points P5 and P6 |
London Borough of Havering | Footpath (FP 123) between Beechfield Gardens and Nursery Walk |
(1) | (2) | (3) |
|---|---|---|
Area | Highway or part to be stopped up | New highway to be substituted for it |
City of Westminster | Westbourne Park Passage within the limits of deviation of Work No. 1/9C | Work No. 1/9C |
Westbourne Park Passage within the limits of deviation of Work No. 1/9D | Work No. 1/9D | |
London Borough of Tower Hamlets | Footpath between Stepney Way and Stepney Green between points P1, P2 and P3 and between points P2 and P4 | New footpath between points P1, P4, P5 and P6 |
London Borough of Newham | Footpaths between the Excel Centre and Victoria Dock Road between points P1, P2, P3, P4, P5, P6, P7, P8 and P9 and between points P6 and P11 | New footpath through intended station, part of Work No. 1/5 between points P10 and P11 |
Footpath between Albert Road and Factory Road between points P1 and P2 | Work No. 1/32D | |
Barbers Road between points P1 and P2 | Works Nos. 2/6A, 2/6B and 2/7 | |
Pudding Mill Lane between points P3 and P4 | Works Nos. 2/6A, 2/6B and 2/7 | |
Marshgate Lane within the relevant limits | Works Nos. 2/6A and 2/6B | |
Footpath (Greenway) between points P6, P7, P8, P9, P10, P11, P12 and P13 and between points P9 and P11 | New footpath between points P5, P14 and P13 | |
London Borough of Greenwich | Footpath on eastern side of Church Manor Way between points P1 and P2 | Work No. 1/34 |
Footpath between Mottisfont Road and Bostall Manor Way between points P1 and P2 | Work No. 1/36 | |
London Boroughs of Greenwich and Bexley | Footpaths over Abbey Wood Station between points P7, P8, P9, P10 and P11 and between points P11 and P12 | New footpath through intended station, part of Work No. 1/7 |
Felixstowe Road within the relevant limits | Work No. 1/37B | |
London Borough of Bexley | Gayton Road | Work No. 1/37C |
London Borough of Barking & Dagenham | Footpath on eastern side of Whalebone Lane South between points P1 and P3 | New footpath between points P1, P2 and P3 |
London Borough of Havering | Footpath adjacent to bus stand, Atlanta Boulevard | Work No. 2/15D |
County of Berkshire, Borough of Slough | Hollow Hill Lane between points P1 and P2 | Work No. 3/9D |
County of Buckinghamshire, District of South Bucks, Parish of Iver | Thorney Lane South between points P1 and P2 | Works Nos. 3/9B and 3/9C |
London Borough of Hillingdon | Footpath and cycleway (Kingston Lane) between points P1 and P2 | Work No. 3/10F |
Old Stockley Road between points P1 and P2 | Footpath and cycleway between points P1 and P2 (Work No. 3/14) |
C52
1
The nominated undertaker may, in connection with the construction of the works authorised by 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.
2
The power conferred by sub-paragraph (1) 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) 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), 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) 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), 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) 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), 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) 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), 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), “local authority” means—
a
the council of a county, district, parish or London borough,
b
the Common Council of the City of London,
F1c
the London Fire Commissioner,
d
a joint authority established by Part 4 of the Local Government Act 1985 (c. 51),
e
a housing action trust established under Part 3 of the Housing Act 1988 (c. 50), and
f
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 Environment, Food and Rural Affairs and the Secretary of State for Transport and, in relation to the carrying out of any functions, are to those Ministers acting jointly.
C63
1
On a highway or part of a highway being stopped up under paragraph 1 or 2—
a
all rights of way over or along it shall be extinguished, and
C2b
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), or as to the amount of such compensation, shall be determined under and in accordance with Part 1 of the Land Compensation Act 1961 (c. 33).
C34
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), 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 Act.
C35
Part 3 of Schedule 2 to the Acquisition of Land Act 1981 (c. 67) (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) 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 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.
Permanent obstruction
4
1
The powers conferred by paragraph 1 or 4 of Schedule 2 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) 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) 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
5
C71
For the purposes of the works authorised by 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 divert traffic from, and 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).
C72
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 sub-paragraph (1) if there would otherwise be no such access.
C73
Before exercising the powers conferred by sub-paragraph (1) in relation to a highway and to an extent specified in the following table, the nominated undertaker shall consult the highway authority about the exercise of the powers.
(1) | (2) | (3) |
|---|---|---|
Area | Highway or part to be stopped up | Extent of temporary stopping up |
City of Westminster | Westbourne Park Passage | Between points T1 and T2 |
Harrow Road | Between points T1 and T2 | |
Westbourne Park Villas | Between points T3 and T4 | |
Bishop's Bridge Road | Within the relevant limits | |
Eastbourne Terrace | Entire length | |
Cleveland Terrace | Within the relevant limits | |
Chilworth Street | Within the relevant limits | |
South Wharf Road | Within the relevant limits | |
Praed Street | Within the relevant limits | |
Craven Road | Within the relevant limits | |
Westbourne Terrace | Within the relevant limits | |
Chilworth Mews | Entire length | |
Eastbourne Mews | Entire length | |
Spring Street | Between points T1 and T2 | |
Bayswater Road | Between points T1 and T2 | |
Park Lane | Between points T4 and T5 on Sheet No. 8 of the deposited Plans and points T5 and T6 on Sheet No. 42 of the deposited Plans | |
Pedestrian subway between western and eastern sides of Park Lane | Between points T1, T2 and T3 | |
Weighhouse Street | Between points T1 and T2 | |
Gilbert Street | Between points T1 and T3 | |
St. Anselm's Place | Entire length | |
Davies Street | Within the relevant limits | |
South Molton Lane | Between points T4 and T5 | |
Stratford Place | Within the relevant limits | |
Marylebone Lane | Within the relevant limits | |
Dering Street | Within the relevant limits | |
New Bond Street | Within the relevant limits | |
Brook Street | Within the relevant limits | |
Tenterden Street | Entire length | |
Hanover Square | Entire length | |
Princes Street | Within the relevant limits | |
St George Street | Within the relevant limits | |
Wardour Street | Between points T5 and T6 | |
Hollen Street | Within the relevant limits | |
Sheraton Street | Within the relevant limits | |
Oxford Street | Within the relevant limits | |
Newman Street | Within the relevant limits | |
Great Chapel Street | Entire length | |
Diadem Court | Entire length | |
Fareham Street | Entire length | |
Dean Street | Within the relevant limits | |
Soho Square | Between points T1 and T2 | |
Carlisle Street | Entire length | |
Falconberg Mews | Entire length | |
Sutton Row | Entire length | |
Greek Street | Within the relevant limits | |
Manette Street | Entire length | |
Goslett Yard | Entire length | |
City of Westminster and London Borough of Camden | Tottenham Court Road | Within the relevant limits |
Charing Cross Road | Within the relevant limits | |
St Giles Circus | Entire length | |
London Borough of Camden | New Oxford Street | Within the relevant limits |
Earnshaw Street | Entire length | |
Denmark Street | Entire length | |
Denmark Place | Between points T5 and T6 | |
St Giles High Street | Between points T3 and T4 | |
Fisher Street | Entire length | |
Southampton Row | Between points T1 and T2 | |
Catton Street | Entire length | |
Red Lion Square | Between points T3 and T4 | |
Drake Street | Between points T5 and T3 | |
London Boroughs of Camden and Islington | Farringdon Road | Within the relevant limits |
City of London | Farringdon Street | Within the relevant limits |
West Smithfield | Within the relevant limits | |
Snow Hill | Within the relevant limits | |
Long Lane | Within the relevant limits | |
Lindsey Street | Entire length | |
Hayne Street | Between points T3 and P4 | |
Aldersgate Street | Within the relevant limits | |
Eldon Street | Entire length | |
London Wall | Within the relevant limits | |
Fore Street Avenue | Between points T1 and T2 | |
Silk Street | Within the relevant limits | |
Moor Lane | Between points T3 and T4 | |
Moorfields | Entire length | |
Moor Place | Entire length | |
Keats Place | Entire length | |
Moorgate | Within the relevant limits | |
Finsbury Circus | Within the relevant limits | |
Circus Place | Entire length | |
Blomfield Street | Entire length | |
Broad Street Avenue | Entire length | |
Liverpool Street | Entire length | |
Old Broad Street | Within the relevant limits | |
Wormwood Street | Entire length | |
Bishopsgate | Within the relevant limits | |
Camomile Street | Within the relevant limits | |
Grand Avenue | Within the relevant limits | |
Eldon Street | Within the relevant limits | |
London Boroughs of Islington and Camden and City of London | Charterhouse Street | Within the relevant limits |
London Borough of Islington and City of London | Charterhouse Square | Entire length |
Carthusian Street | Entire length | |
Ropemaker Street | Within the relevant limits | |
South Place | Entire length | |
London Borough of Islington | St John Street | Within the relevant limits |
Finsbury Pavement | Within the relevant limits | |
Finsbury Street | Within the relevant limits | |
Fox & Knot Street | Entire length | |
Turnmill Street | Within the relevant limits | |
Cowcross Street | Between points P2 and T1 | |
London Borough of Tower Hamlets | Princelet Street | Between points T1 and T2 |
Hanbury Street | Between points T3 and T4 | |
Vallance Road | Between points T3 and T4 and points T5 and T6 | |
Whitechapel Road | Within the relevant limits | |
Spelman Street | Within the relevant limits | |
Durward Street | So much as is not permanently stopped up within the extent of narrowing shown on the deposited plans | |
Court Street | Between points T9 and P3 | |
Castlemaine Street | Between points T7 and T8 | |
Fulbourne Street | Between points P1 and T10 | |
Winthrop Street | Entire length | |
Brady Street | Within the relevant limits | |
Stepney Green | Between points T1 and T2 and within the relevant limits | |
Garden Street | T3 and P5 | |
White Horse Lane | Within the relevant limits | |
Stepney High Street | Within the relevant limits | |
Stepney Way | Within the relevant limits | |
Commercial Road | Between points T1 and T2 | |
Mile End Road | Within the relevant limits | |
Footpath between Cheshire Street and Fleet Street Hill | Between points T1 and T2 | |
Brady Street | Within the relevant limits | |
Tapp Street | Between points T5 and T6 | |
Collingwood Street | Between points T7 and T8 | |
Hemming Street | Between points T9 and T10 | |
Cudworth Street | Between points T6, T8 and T2 | |
Coventry Road | Between points T1 and T2 | |
Buckhurst Street | Between points T3 and T4 | |
Cambridge Heath Road | Within the relevant limits | |
Braintree Street | Within the relevant limits | |
Mantus Road | Between points T5 and T6 | |
Globe Road | Between points T7 and T8 | |
Bancroft Road | Between points T9 and T10 | |
Morpeth Street | Within the relevant limits | |
Longnor Road | Between points T1 and T2 | |
Grove Road | Within the relevant limits | |
Burdett Road | Within the relevant limits | |
Eleanor Street | Within the relevant limits | |
Rounton Road | Between points T3 and T4 | |
Wick Lane | Within the relevant limits | |
Wrexham Road | Between points T9 and T10 | |
Blackwall Tunnel Northern Approach Road | Between points T3 and T4, points T5 and T6, points T7 and T8 and points T11 and T12 | |
Bow Road | Between points T12 and T13 | |
Payne Road | Between points T11 and T13 | |
West India Dock Road | Between points T1 and T2 | |
London Borough of Newham | Lower Lea Crossing | Between points T1 and T2 |
Victoria Dock Road | Between points T1, T2 and T3 | |
Freemasons Road | Within the relevant limits | |
North Woolwich Road | Within the relevant limits | |
Footpath FP 108 between Festoon Way and Connaught Bridge | Between points T1 and T2 and points T3 and T4 | |
Footpath between Connaught Road and Factory Road | Within the relevant limits | |
Connaught Bridge | Within the relevant limits | |
Connaught Road | Within the relevant limits | |
Albert Road | Within the relevant limits | |
Factory Road | Within the relevant limits | |
Store Road | Entire length | |
Pier Road | Within the relevant limits | |
Bankside footpath on the eastern side of the River Lea | Within the relevant limits | |
Barbers Road / Cook's Road | Between points T3 and P1 | |
Pudding Mill Lane | Between points T4 and P3 and points P4 and T5 | |
Footpath (Greenway) adjacent to Marshgate Lane on northern side of the railway | Between points T6 and T7 and points T6 and T8 | |
Footpath adjacent to City Mill River | Between points T9 and T11 | |
Footpath (Greenway) on eastern side of City Mill River | Between points T12 and T13 and points P13, T10 and T13 | |
Marshgate Lane | Between points T1 and T2 | |
Manor Park Road | Between points T1 and T2 | |
Lugg Approach | Within the relevant limits | |
Goodmayes Road | Within the relevant limits | |
London Borough of Greenwich | Warren Lane | Within the relevant limits |
Beresford Street | Within the relevant limits | |
Plumstead Road | Within the relevant limits | |
Gunning Street | Within the relevant limits | |
Reidhaven Road | Within the relevant limits | |
White Hart Road | Within the relevant limits | |
Marmadon Road | Within the relevant limits | |
Church Manor Way | Within the relevant limits | |
Mottisfont Road | Within the relevant limits | |
Bostall Manorway | Within the relevant limits | |
London Boroughs of Greenwich and Bexley | Felixstowe Road | Within the relevant limits |
Harrow Manorway | Within the relevant limits | |
London Borough of Bexley | Wilton Road | Within the relevant limits |
Florence Road | Within the relevant limits | |
Fendyke Road | Within the relevant limits | |
Alsike Road | Within the relevant limits | |
Footpath FP 3 adjacent to River Thames at Manor Wharf, Belvedere | Between points T1, T2 and T3 and points T4 and T2 | |
Footpath FP 4 between Norman Road and the footpath FP 3 adjacent to River Thames at Manor Wharf, Belvedere | Between points T4 and T5 and points T6 and T7 | |
London Borough of Redbridge | Goodmayes Road | Within the relevant limits |
London Borough of Barking & Dagenham | Valence Avenue | Within the relevant limits |
Saville Road | Within the relevant limits | |
London Boroughs of Barking & Dagenham and Havering | Crow Lane | Within the relevant limits |
London Borough of Havering | Nursery Walk and FP 127 | Within the relevant limits |
London Road | Within the relevant limits | |
Jutsums Lane | Within the relevant limits | |
Footpath FP 123 within Jutsums Recreational Ground | Within the relevant limits | |
Cambridge Avenue | Between points T1 and T2 | |
Oldchurch Road | Within the relevant limits | |
Waterloo Road | Within the relevant limits | |
Exchange Street | Within the relevant limits | |
Havanna Close | Within the relevant limits | |
Eastern Road | Within the relevant limits | |
Atlanta Boulevard | Within the relevant limits | |
Footpath FP 128 between Exchange Street and The Battis | Between points T1 and T2 | |
South Street | Within the relevant limits | |
Crossways | Within the relevant limits | |
Upper Brentwood Road | Within the relevant limits | |
Southend Arterial Road Footway | Within the relevant limits | |
Station Road | Within the relevant limits | |
County of Essex, Borough of Brentwood | Hunter Avenue | Within the relevant limits |
Alexander Lane | Within the relevant limits | |
County of Essex, District of Basildon | Footpath FP 136 between the Meads and Terminus Drive | Within the relevant limits |
County of Berkshire, Royal Borough of Windsor & Maidenhead | Silco Drive | Within the relevant limits |
Shoppenhanger's Road | Between points T1 and T2 | |
Station Approach | Within the relevant limits | |
County of Berkshire, Borough of Slough | Burnham Lane | Within the relevant limits |
Dover Road | Within the relevant limits | |
Leigh Road | Between points T1 and T2 | |
Farnham Road (A355) | Between points T1 and T2 | |
Stoke Poges Lane | Within the relevant limits | |
Footpath and steps within Salt Hill Pleasure Grounds | Within the relevant limits | |
William Street | Within the relevant limits | |
Wexham Road | Within the relevant limits | |
Uxbridge Road | Within the relevant limits | |
Middlegreen Road | Between points T1 and T2 | |
St. Mary's Road | Within the relevant limits | |
Trenches Bridge footpath (FP 47a) and cycleway | Within the relevant limits | |
Hollow Hill Lane | Within the relevant limits | |
Market Lane | Within the relevant limits | |
County of Buckinghamshire, District of South Bucks, Parish of Iver | Bathurst Walk | Within the relevant limits |
Footpath FP 16 between Colne Valley Way and Court Lane | Within the relevant limits | |
London Borough of Hillingdon | Weirside Gardens | Within the relevant limits |
Horton Bridge Road | Between points T1 and PI | |
Kingston Lane | Between points T2 and P2 | |
Stockley Road | Between points T1 and T2 | |
Station Road, Hayes | Within the relevant limits | |
Subway between Blyth Road and Station Approach | Between points T1 and T2 | |
Station Approach | Entire length | |
Keith Road | Within the relevant limits | |
Nestle's Avenue | Within the relevant limits | |
London Borough of Ealing | Footpath FP 112 between Park Avenue and Merrick Road | Within the relevant limits |
Golden Manor | Within the relevant limits | |
Alwyne Road | Within the relevant limits | |
Manor Road | Within the relevant limits | |
Haven Green | Within the relevant limits | |
The Mall | Within the relevant limits | |
Noel Road | Within the relevant limits | |
Twyford Avenue | Within the relevant limits | |
Oakley Avenue | Within the relevant limits | |
Horn Lane | Within the relevant limits |
4
The purpose of consultation under sub-paragraph (3) shall be to ensure public safety and, so far as reasonably practicable, to reduce public inconvenience.
5
Before exercising the powers conferred by sub-paragraph (1) in relation to a highway, or to an extent, not specified in the table in sub-paragraph (3), the nominated undertaker shall obtain the consent in writing of the highway authority.
6
Consent under sub-paragraph (5) shall not be unreasonably withheld, but may be given subject to such conditions as the highway authority may reasonably require in the interest of public safety or convenience.
7
If a highway authority which receives an application for consent under sub-paragraph (5) 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 the application.
8
Sub-paragraph (7) shall have effect in relation to an application for consent which relates to a GLA side road (within the meaning of the Road Traffic Regulation Act 1984 (c. 27)) or a road which is designated under section 60(1) or 61(1) of the Traffic Management Act 2004 (c. 18)
(roads in Greater London which are strategic roads) with the substitution for “28” of “
42
”
.
9
Any dispute with a highway authority about consent under sub-paragraph (5) shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.
10
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) 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).
Working sites in highways
C86
Any highway or part of a highway which is stopped up under paragraph 5(1)(a) may be used as a working site if it is within the limits of deviation for the scheduled works or within the limits of land to be acquired or used.
Street works
C97
1
The nominated undertaker may, for the purposes of the works authorised by 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, maintain or alter, or change the position of, apparatus in it,
b
remove apparatus from it, and
c
execute any works required for, or incidental to, any works authorised by paragraph (a) or (b).
2
In this paragraph, “apparatus” has the same meaning as in Part 3 of the New Roads and Street Works Act 1991 (c. 22).
C108
1
Works to which sub-paragraph (2) below applies shall be treated for the purposes of Part 3 of the New Roads and Street Works Act 1991 (street works) as major transport 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 Highways Act 1980 (c. 66).
2
This sub-paragraph applies to any works executed under 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.
Construction
C119
1
Where under 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 3 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) 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) 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.
C1210
1
Sub-paragraph (2) applies where under 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.
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) 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), 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
C1311
1
Sub-paragraph (2) applies where under 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 3 of the New Roads and Street Works Act 1991 (c. 22).
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) 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), 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), 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), the date so determined, and
b
where it has not, the date certified under sub-paragraph (3).
6
Sub-paragraph (2) shall not have effect to impose any obligation in relation to—
a
the structure of any bridge carrying a highway over any railway of the nominated undertaker, or
b
the structure of any tunnel carrying a highway under any such railway.
7
Nothing in this paragraph shall prejudice the operation of section 87 of the New Roads and Street Works Act 1991 (c. 22).
12
Notwithstanding anything in section 46 of the Railways Clauses Consolidation Act 1845 (c. 20), 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
13
Each of sections 116 and 117 of the Transport Act 1968 (c. 73) (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.
C1414
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 expenses of 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
15
C151
The nominated undertaker may enter upon, take and use for the purposes of the works authorised by 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 in it.
2
The power conferred by sub-paragraph (1) shall not be exercisable in relation to the subsoil of a highway within the limits of land to be acquired or used, but outside the limits of deviation for the scheduled works, if the highway is comprised in land specified in the following table.
(1) | (2) |
|---|---|
Area | No. on deposited plans |
City of Westminster | 30d, 38, 81, 85, 112, 115, 117, 120, 121, 213, 218, 340, 341, 416, 417, 419, 420, 423, 447, 448, 449, 453, 454, 455, 548, 549, 549a, 551, 566, 595, 598, 600, 666, 684, 685, 689, 690 and 691 |
London Borough of Camden | 1, 3, 5, 7, 10, 11, 13, 30, 31, 32, 153, 154, 155, 279, 281, 282 and 283 |
London Borough of Islington | 1, 3, 4, 13, 24, 25, 34, 90, 92, 93, 94, 95 and 99 |
City of London | 1, 2, 3, 4, 7, 8, 9, 17, 18, 20, 34, 36, 52, 53, 55a, 71, 72, 73, 74, 80a, 81, 101, 102, 103, 108, 113, 115, 125, 136, 138, 143, 159, 160 and 161 |
London Borough of Tower Hamlets | 224, 224a, 225, 225b, 227a, 250, 252, 252a, 252b, 269, 280, 281, 290, 293, 294, 391, 393, 396, 398, 664, 820, 988, 990, 991, 993, 1135, 1145, 1247c, 1295, 1412a, 1413a, 1421, 1421b, 1423a, 1445 and 1446 |
London Borough of Newham | 8, 76, 155, 164, 189, 193, 205, 206, 258, 259, 260, 278, 288, 366, 379, 565, 619 and 670 |
London Borough of Greenwich | 3, 5, 15, 31e, 35a, 100, 101, 104, 109, 125, 125a, 130, 138, 144, 155, 159, 164, 169, 173, 182, 187 and 227 |
London Borough of Bexley | 28, 64 and 68 |
London Borough of Redbridge | 26 and 41 |
London Borough of Barking & Dagenham | 17 and 18 |
London Borough of Havering | 2, 11, 12, 24, 105, 117, 120, 134, 138, 140, 149, 154, 164 and 194 |
Borough of Brentwood | 24 and 52 |
District of Basildon | 13 and 14 |
Borough of Slough | 14, 20, 22, 23, 32, 53, 56, 60, 113, 162, 168 and 253a |
London Borough of Hillingdon | 97, 98, 115, 116 and 211b |
London Borough of Ealing | 9, 62, 62a, 88, 125, 144, 159, 160, 164, 177, 183 and 186 |
3
In the case of a highway comprised in land specified in the table in columns (1) and (2) of the table in paragraph 10 of Schedule 6, the power conferred by sub-paragraph (1) shall only be exercisable in relation to so much of the subsoil of the highway as falls within the description specified in relation to the land in column (3) of the table.
4
In the case of a highway comprised in land specified in the table in paragraph 11(1) of Schedule 6, the power conferred by sub-paragraph (1) shall only be exercisable in relation to so much of the subsoil of the highway as lies more than 9 metres beneath the level of the surface of the highway.
5
For the avoidance of doubt, it is hereby declared that the restrictions imposed by sub-paragraphs (2), (3) and (4) on the power conferred by sub-paragraph (1) do not affect the power conferred by paragraph 7(1).