The London Underground (Northern Line Extension) Order 2014

Power to construct and maintain works

4.—(1) LUL 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 deposited plans and in accordance with the levels shown on the deposited sections.

(3) Subject to paragraph (6), LUL 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 required for the strengthening, improvement, repair or reconstruction of any street;

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

(c) works to erect and construct offices, head houses and other buildings, machinery, apparatus, works and conveniences;

(d) railway electrification and signalling works;

(e) station services and finishes;

(f) means of access, including footpaths;

(g) retaining walls, wing walls, shafts, drainage works and culverts;

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

(i) works to alter the course of, or otherwise interfere with, watercourses;

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

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

(l) the felling of trees.

(4) Subject to paragraph (6), LUL 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 authorised works.

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

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

(a) within the Order limits; or

(b) within the boundaries of any street abutting the Order limits or which has a junction with such a street.

(7) The powers conferred by this article may not be exercised within the boundaries of a street outside of the Order limits without the consent of the street authority but that consent must not be unreasonably withheld.

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

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

(a) sections 70 and 73 of the 1968 Act (works not to be constructed, etc., without works licence and licensing of dredging, etc.); and

(b) 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.

(10) Nothing in section 3 of the London Squares Preservation Act 1931(3) (protection of squares) has effect in relation to anything done for the purposes of or in connection with the exercise of any of the powers conferred by this Order with respect to works.

(11) Nothing in any agreement under section 9 of that Act (agreements between local authority and owner of a protected square) has effect to prohibit, restrict or impose any condition on the exercise of the powers conferred by this Order with respect to works.

(12) The authorised works may be constructed and maintained under the powers conferred by this article regardless of anything contained in, or done under, Part 1 of, or Schedule 2 to, the Commons Act 2006(4).

(13) (a) The provisions of the 2009 Act listed in sub-paragraph (b) that relate to marine licences and the enforcement of marine licences apply in relation to any works approved by the Marine Management Organisation under paragraph 78 of Schedule 8 (protective provisions) or determined under paragraph 85 of Schedule 8. Any such approval or determination is to be treated for the purposes of the application of those provisions listed in sub-paragraph (b) as a marine licence and any requirement of such approval or determination is to be treated for those same purposes as a condition attached to a marine licence under section 71(1) of the 2009 Act.

(b) The provisions of the 2009 Act referred to in sub-paragraph (a) are:

(i) section 65 (requirement for a licence);

(ii) Chapter 3 (enforcement) of Part 4 (marine licensing);

(iii) Chapter 2 (common enforcement powers) of Part 8 (enforcement); and

(iv) section 263 (power to require information relating to certain substances and objects),

and all other provisions of the 2009 Act that apply for the purposes of the provisions listed above.

(1)

1991 c. 57.

(2)

1991 c. 59.

(3)

1931 c. xciii.

(4)

2006 c. 26.