The London Underground (Victoria Station Upgrade) Order 2009

Principal powers

Power to construct and maintain works

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

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

(3) Subject to paragraph (7), the Company may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction of the scheduled works, namely—

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

(b) works to erect and construct such offices, and other buildings, machinery, apparatus, and other works, and conveniences as the Company thinks fit;

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

(d) facilities and works for the benefit or protection of land or premises affected by the authorised works; and

(e) felling of trees.

(4) Without prejudice to the generality of paragraph (3), the Company may, in connection with the construction of the scheduled works remove, temporarily store and reinstate Little Ben.

(5) Subject to paragraph (7) the Company may carry out and maintain such other works (of whatever nature) as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction of the scheduled works.

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

(7) Paragraphs (3) and (5) shall only authorise the carrying out or maintenance of works within the Order limits.

Power to deviate

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

(a) deviate laterally from the lines or situations shown on the works plans within the limits of deviation shown on those plans; and

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

(i) subject to paragraphs (2) and (3) to any extent not exceeding 3 metres upwards in respect of any part of the scheduled works shown on the works plans as being above ground level; and

(ii) to any extent downwards as may be found to be necessary or convenient.

(2) In constructing and maintaining Work Nos. 4A, 4C, 4D, 4E, 4G, 4H and 6 the Company may deviate vertically upwards to any extent provided that the work remains more than 4.5 metres below the level of the surface of the land but not so as to encroach into any basement, cellar or vault.

(3) In constructing and maintaining Work Nos. 4F, 4I, 4J and 4K the Company may deviate vertically upwards within the limits of deviation shown on the section or sections relating to the relevant work.

(4) In this article “level of the surface of the land” means—

(a) in the case of any land on which a building is erected, the level of the surface of the ground adjoining the building; or

(b) in any other case, ground surface level.