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PART 2WORKS PROVISIONS

Principal Powers

Power to construct and maintain works

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

(2) Subject to article 5, the scheduled works may only be constructed in the lines or situations shown on the deposited plans and in accordance with the levels shown on the deposited sections.

(3) Subject to paragraph (6), DLRL may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, or purposes ancillary to, the construction of the scheduled works, namely—

(a)works required for the strengthening, improvement, repair or reconstruction of any street;

(b)works for the strengthening, alteration or demolition of any building or structure;

(c)works to alter the position of any street furniture or apparatus, including mains, sewers, drains, cables and lights;

(d)works to alter the course of, or otherwise interfere with, a watercourse other than a navigable watercourse;

(e)landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the other authorised works; and

(f)facilities and works for the benefit or protection of land or premises affected by the other authorised works.

(4) Subject to paragraph (6), DLRL may carry out and maintain such other works (of whatever nature) as may be necessary or expedient for the purposes of, or purposes ancillary to, the construction of the scheduled works other than works that would interfere with a navigable watercourse.

(5) DLRL may remove any works constructed by it pursuant to this Order which have been constructed as temporary works or which it no longer requires.

(6) Paragraphs (3), (4) and (9) shall only authorise the carrying out or maintenance of works—

(a)within the limits of deviation for the scheduled works shown on the deposited plans;

(b)on land specified in columns (1) and (2) of Schedule 2 to this Order for the purpose specified in relation to that land in column (3) of that Schedule (being land shown on the deposited plans as lying within the limits of additional land to be acquired or used); and

(c)on land specified in columns (1) and (2) of Schedule 10 to this Order for the purpose specified in relation to that land in column (3) of that Schedule (being land shown on the deposited plans as lying within the limits of land to be used temporarily).

(7) In constructing and maintaining the scheduled works DLRL may lay and install such number of railway lines, switches and crossings as may be necessary or expedient.

(8) The following enactments shall not apply to anything done under or in pursuance of this Order—

(a)section 109 of the Water Resources Act 1991(1), section 23 of the Land Drainage Act 1991(2) and any byelaws made under those Acts; and

(b)section 13 of the London Docklands Development Corporation Act 1994(3).

(9) Subject to paragraph (6) but without prejudice to article 44, DLRL may also exercise the powers of paragraph (3) in relation to the abandoned railway formation and may carry out and maintain such other works of whatever nature as may be necessary or expedient for the purposes of, or purposes ancillary to maintenance, preservation or retention of the abandoned railway formation.

Power to deviate

5.—(1) In constructing or maintaining any of the scheduled works, DLRL may—

(a)deviate laterally from the lines or situations shown on the deposited plans within the limits of deviation relating to that work shown on those plans; and

(b)deviate vertically from the levels shown on the deposited sections—

(i)to any extent not exceeding 3 metres upwards; and

(ii)to any extent downwards.

(2) Without prejudice to the generality of paragraph (1), in constructing or maintaining the scheduled works DLRL may, to the extent it thinks fit—

(a)deviate from their points of commencement and termination shown on the deposited plans; and

(b)in relation to any intended bridge, viaduct, gantry or other structure above ground level, deviate from the design shown on the deposited sections as it thinks fit, including by varying the number of any supporting columns or other structures, the distances between them and the height or clearance above the level of the ground.

Stations

6.  DLRL may—

(a)alter any of the existing stations specified in Schedule 3 to this Order on the lands specified in that Schedule;

(b)construct any of the new stations specified in that Schedule on the lands specified in that Schedule;

(c)maintain and operate any stations so altered or constructed; and

(d)construct, maintain and operate all necessary works and facilities connected with those stations.