- Latest available (Revised)
- Original (As made)
5.—(1) Subject to the provisions of this Order and to the requirements in Part 2 (requirements) of Schedule 1 (authorised development and requirements) Network Rail is granted—
(a)development consent for the authorised development; and
(b)consent for the ancillary works,
to be carried out within the Order limits.
(2) Subject to article 7 (limits of deviation) the authorised development comprising the works numbered in Part 1 of Schedule 1 may only be constructed in the lines and situations shown on the works plans and the levels shown on the sections.
6. Network Rail may at any time maintain the authorised project, except to the extent that this Order or an agreement made under this Order, provides otherwise.
7.—(1) Subject to paragraph (2), in carrying out the authorised development comprising the works numbered in Part 1 (authorised development) of Schedule 1 (authorised development and requirements) Network Rail may—
(a)deviate laterally from the lines or situations of the authorised development shown on the works plans and design drawings to the extent of the limits of deviation shown on the works plans; and
(b)deviate vertically from the levels of the authorised development shown on the sections within the works plans and design drawings—
(i)to any extent not exceeding 1 metre upwards; or
(ii)to any extent downwards as may be found to be necessary or convenient.
(2) No deviation is authorised under paragraph (1) which would—
(a)in any way diminish the headroom or clearance beneath any proposed bridge structure or above any stairway; or
(b)in any way diminish the breadth of any walkway, staircase, flight of steps, carriageway, tunnel, footpath or cycleway,
by more than 200 millimetres from its dimension as shown on the design drawings.
8.—(1) The provisions of this Order conferring powers on Network Rail have effect solely for the benefit of Network Rail.
(2) Paragraph (1) is—
(a)subject to paragraph (5) of article 18 (compulsory acquisition of rights); and
(b)does not apply to the benefit of the consent granted by this Order for works for the benefit of owners and occupiers of land, statutory undertakers and other persons affected by the authorised project.
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