The Channel Tunnel Rail Link (Stratford Station and Subsidiary Works) Order 2001

PART II WORKS

Construction and maintenance of scheduled works

3.—(1) Union Railways may construct and maintain the scheduled works, being—

(a) works for a station at Stratford in London for use in connection with the rail link,

(b) railways near St Pancras in London providing access between the rail link and the West Coast Main Line by means of a connection to the North London Line, and

(c) works ancillary to the works mentioned in sub-paragraphs (a) and (b) above.

(2) Subject to paragraph (5) 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) Union Railways may, for the purposes of or in connection with the scheduled works, do any of the following within the Order limits—

(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.

(4) Union Railways 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 any of the authorised works, and

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

(5) In constructing or maintaining any scheduled work, Union Railways may—

(a) as regards a scheduled work not comprising Stratford station, deviate laterally from the lines or situations shown on the deposited plans within the limits of deviation for that work;

(b) as regards the scheduled work comprising Stratford station, construct that work within the limit for Stratford station;

(c) in any case, deviate vertically from the levels shown on the deposited sections—

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

(ii) to any extent downwards.

(6) Without prejudice to the generality of paragraphs (3) and (4) above, Union Railways may construct a pedestrian link at Stratford in the London Borough of Newham either—

(a) between points X and Y, or

(b) between point X and the existing subway serving Stratford station which is within the limit of deviation of Work No. 1E and identified on the deposited plans, with such works within that limit as may be necessary or expedient to make a connection of the link with that subway.

(7) The power conferred by paragraph (3)(b) above does not include a power to extinguish any public right of way over any highway.

Stopping up of highways

4.—(1) Union Railways may exercise the power conferred by paragraph 1(1) of Schedule 3 to the principal Act to stop up York Way between points L1 and L2 (which points are shown on the deposited plans)—

(a) for the relevant purposes, and

(b) in relation to that part of York Way within the London Borough of Islington as well as the part within the London Borough of Camden.

(2) Paragraph (1) above has effect without prejudice to article 15(2) below and subject to paragraph 1(3) of Schedule 3 to the principal Act.

(3) In paragraph (1) above, “the relevant purposes” means purposes connected with the construction of the authorised works or the works authorised by Part I of the principal Act.

Highway access

5.  Without prejudice to article 3(3)(b) above, Union Railways may, for the purposes of or in connection with the authorised works, form and lay out means of access at points AJ, AM and AN in the London Borough of Camden.

Temporary interference with waterways

6.—(1) The powers conferred by this article shall be exercisable for the purpose of, or in connection with, the exercise of the powers conferred by this Order in relation to Work No. 1C.

(2) Union Railways may—

(a) temporarily interfere with the River Lea, at any point within the Order limits, 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 River Lea, or

(c) temporarily close the River Lea, or a part of it, to navigation.

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

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

(b) that, if complete closure of the river 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) Union Railways 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.

Supplementary matters

7.—(1) A deemed planning permission shall be treated as specific planning permission for the purposes of section 264(3)(a) of the Town and Country Planning Act 1990.

(2) The authorised works shall be treated as comprised within the rail link for the purposes of sections 16 to 19, 21 and 22 of the principal Act to the extent that they would be so treated if the scheduled works were authorised by section 1(1) of that Act.