The Channel Tunnel Rail Link (Boarley Lane Diversion) Order 1999

SCHEDULES

Articles 2(1) and 3

SCHEDULE 1 THE SCHEDULED WORK

The work which Eurostar is authorised by article 3(1) above to construct and maintain is the following–

• In the County of Kent, Borough of Maidstone, Parish of Boxley, a new road, forming a diversion of Boarley Lane (D898), commencing in that road at a point 44 metres south-west of the building comprising Boarley Cottage, passing south-eastwards then south-westwards over the railway comprised in Work No. 13 authorised by the principal Act, then westwards, and terminating in Boarley Lane opposite the access to Boarley Oast.

Article 7(2)(a)

SCHEDULE 2 MODIFICATIONS RELATING TO ACQUISITION OF NEW RIGHTS

1.  The modifications referred to in article 7(2)(a) above are as follows.

2.  For section 7 of the 1965 Act there shall be substituted–

“7.    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–

• section 9(4) (failure of owners to convey),

• paragraph 10(3) of Schedule 1 (owners under incapacity),

• paragraph 2(3) of Schedule 2 (absent and untraced owners), and

• paragraphs 2(3) and 7(2) of Schedule 4 (common land),

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 Land Compensation Act 1973(1), for section 44 there shall be substituted–

“Compensation for injurious affection.

44.— (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 Compulsory Purchase Act 1965 as applied by article 7(2) of the Channel Tunnel Rail Link (Boarley Lane Diversion) Order 1999.”.

10.  For section 58 of that Act there shall be substituted–

“58.    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 article 7(2) of the Channel Tunnel Rail Link (Boarley Lane Diversion) Order 1999 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 right 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.”.

Article 13(1)

SCHEDULE 3 APPLICATION OF PROVISIONS OF PRINCIPAL ACT

Provisions of the principal Act applied

1.  The following provisions of the principal Act shall apply to the matters which are the subject of this Order on the general assumptions mentioned in paragraph 2 below and, where any special assumption is mentioned in paragraph 3 below for any such provision, on the special assumptions for it so mentioned–

(a) sections 7, 8, 27 to 30, 43 and 54;

(b) paragraphs 9 and 10 of Schedule 2;

(c) paragraphs 3(1)(a), (2) and (3) and 5 to 14 of Schedule 3;

(d) paragraphs 11 to 13 and 16 of Schedule 4;

(e) paragraphs 4 and 5 of Schedule 5;

(f) paragraphs 1 and 2 of Schedule 9;

(g) paragraphs 5 and 7 of Schedule 10;

(h) Parts I to IV of Schedule 15.

The General Assumptions

2.  The general assumptions are that references in the principal Act in whatever form (including references inserted or substituted by any provision of that Act in any other enactment)–

(a) to that Act or to Part I or III of that Act were references to this Order;

(b) to the nominated undertaker were references to Eurostar;

(c) to the deposited plans, the deposited sections and the book of reference were references to the deposited plan, the deposited sections and the book of reference respectively as defined in article 2(1) above;

(d) to the scheduled works, or to the limits of deviation for the scheduled works and the limits of land to be acquired or used, were references to the scheduled work or, as the case may be, the Order limits as defined in article 2(1) above;

(e) to particular provisions of that Act were a reference to those provisions as applied by paragraph 1 above.

The Special Assumptions

3.—(1) In paragraph 3(1) of Schedule 3 to the principal Act, the reference to paragraph 1 of that Schedule shall be treated as a reference to article 4 above.

(2) In paragraph 5 of Schedule 3 to the principal Act, the reference to paragraph 1 or 4 of Schedule 2 to that Act shall be treated as a reference to article 3(3) or (4) above.

(3) In paragraph 6(3) of Schedule 3 to the principal Act, the reference to paragraph 1(1) of that Schedule shall be treated as a reference to article 4(1) above.

(4) In paragraph 14 of Schedule 3 to the principal Act, the reference to that Schedule shall be treated as a reference to this Order.

(5) In paragraphs 11 and 13 of Schedule 4 and paragraph 4 of Schedule 5 to the principal Act, references to section 4(1) of that Act shall be treated as references to article 5 above.

(6) In paragraph 3(4) of Part I of Schedule 15 to the principal Act, the reference to deemed planning permission shall be treated as a reference to that expression as defined in article 2(1) above.

(7) In paragraph 4 of Part IV of Schedule 15 to the principal Act, references to paragraph 1 of Schedule 3 to that Act shall be treated as references to article 4(1) above.

Ancillary Matters

4.—(1) Regulations made under section 29(4) of the principal Act shall have effect in relation to appeals referred to arbitration under subsection (7A) of section 60 or 61 of the Control of Pollution Act 1974(2), as inserted by section 29(3) of the principal Act and applied by paragraph 1 above, as they have effect for appeals referred to arbitration under that subsection in relation to works carried out in exercise of the powers conferred by Part I of the principal Act.

(2) Rules made under section 43(2) of the principal Act shall apply to an arbitration under this Order as they apply to an arbitration under Part I of the principal Act.

5.  Paragraph 9 of Schedule 2 to the principal Act and Schedule 9 to that Act, as they are applied by paragraph 1 above, shall only have effect (so far as concerns entry on land) so as to allow entry on land within the Order limits.

6.  Without prejudice to the generality of the general assumptions in paragraph 2 above, the references in section 7(1) of the principal Act to the coming into force of that Act shall be treated (so far as concerns the matters which are the subject of this Order) as references to the coming into force of this Order.

7.  Paragraph 10(2) of Schedule 3 to the principal Act, as applied by paragraph 1 above, shall have effect subject to the matters approved in any deemed planning permission.

8.  Paragraph 1 of Schedule 9 to the principal Act, as applied by paragraph 1 above, shall have effect as if section 16 of the Railways Clauses Consolidation Act 1845(3) were excluded from incorporation with this Order.

(1)

1973 c. 26.

(2)

1974 c. 40.

(3)

1845 c. 20.