The Railtrack (Leeds Bridges) Order 1999

Principal powers

Power to construct and maintain scheduled works

4.—(1) Railtrack may construct and maintain the scheduled works.

(2) Subject to article 6 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.

Power to construct and maintain ancillary works

5.—(1) Railtrack may, within the limits of deviation for the scheduled works, do such of the following as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of the scheduled works, namely–

(a) make, provide and maintain all such approaches, bridges, ramps, means of access, shafts and stagings as Railtrack thinks fit,

(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) Any power authorised by paragraph (1)(b) above which affects a highway shall not be exercised without the written consent of the relevant highway authority, but such consent shall not be unreasonably withheld.

(3) Railtrack may within the Order limits–

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

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

Power to deviate

6.  In constructing or maintaining any scheduled work, Railtrack may–

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

(b) deviate vertically from the levels shown on the deposited sections to any extent not exceeding–

(i) three metres upwards, or

(ii) one metre downwards.