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The High Speed Rail (London – West Midlands) (Greatmoor Railway Sidings Etc.) Order 2018

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SCHEDULES

Articles 2(1) and 3

SCHEDULE 1SCHEDULED WORKS

In the County of Buckinghamshire, District of Aylesbury Vale

Parishes of Quainton and Grendon Underwoood

Work No. 1 – A railway siding (1090 metres in length) to serve the Calvert Landfill and the Greatmoor Energy from Waste Facility in the District of Aylesbury Vale, County of Buckinghamshire commencing by a junction with the Aylesbury Link at a point 330 metres south east of the bridge carrying bridleway QUA/36/2 over the Aylesbury Link and terminating by a junction with the Aylesbury Link at a point 166 metres north west of the bridge carrying bridleway GUN/28/1 over the Aylesbury Link.

Parishes of Grendon Underwood and Calvert Green

Work No. 2 – A railway siding (720 metres in length) for the loading and offloading of spoil and waste material to the Calvert Landfill and the Greatmoor Energy from Waste Facility in the District of Aylesbury Vale, County of Buckinghamshire commencing by a junction with Work No. 1 at a point 44 metres south east of the bridge carrying bridleway GUN/28/1 over the Aylesbury Link and terminating at a point 90 metres north of the junction of footpath CAG/2/1 with Bridleway CAG/3/1.

Work No. 3 - A railway siding (680 metres in length) for the loading and offloading of spoil and waste material to the Calvert Landfill and the Greatmoor Energy from Waste Facility in the District of Aylesbury Vale, County of Buckinghamshire commencing by a junction with Work No. 1 at a point 10 metres east of the bridge carrying bridleway GUN/28/1 over the Aylesbury Link and terminating at a point 66 metres north of the junction of footpath CAG/2/1 with Bridleway CAG/3/1.

Parish of Quainton

Work No. 4 - A bridge over Work No. 1 commencing on bridleway QUA/36/2 at a point 86 metres south-west of the bridge carrying that bridleway over the Aylesbury Link and terminating on bridleway QUA/36/3 at a point 96 metres north-east of that bridge.

Parishes of Quainton and Grendon Underwood

Work No. 5 – An access road commencing at a point 90 metres west of the bridge carrying bridleway QUA/36/2 over the Aylesbury Link and terminating at a point 194 metres south of the bridge carrying bridleway GUN/28/1 over the Aylesbury Link.

Parish of Grendon Underwood

Work No. 6 - A bridge over Work No. 1 commencing at a point 204 metres south of the bridge carrying bridleway GUN/28/1 over the Aylesbury Link and terminating at a point 108 metres north of that bridge.

Article 3

SCHEDULE 2ACQUISITION OF CERTAIN LANDS FOR ANCILLARY WORKS

(1)

Area

(2)

Number of land shown on the land plans

(3)

Purpose for which land may be acquired

County of Buckinghamshire,

District of Aylesbury Vale,

Parish of Quainton

6, 15, 16, 33Provision of environmental mitigation
Parish of Grendon Underwood1, 2, 14 to 17, 19, 20, 26 to 29, 33Provision of environmental mitigation
8, 9

Provision of worksite and access for construction

Provision of new public right of way

31, 32, 34 to 38Provision of railway infrastructure and access for construction and maintenance
Provision of railway infrastructure
39Provision of new public right of way
Provision of worksite and access for construction
Parish of Calvert Green1 to 3Provision of new public right of way
6

Provision of railway infrastructure and access for construction and maintenance

Provision of new public right of way

7Provision of environmental mitigation

Article 5

SCHEDULE 3STREETS TO BE STOPPED UP

PART 1STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

(1)

Area

(2)

Street to be stopped up

(3)

Extent of stopping up

(4)

New street to be substituted

County of Buckinghamshire

District of Aylesbury Vale

Parish of QuaintonFootpath QUA/35/1Between points P1 and P2Footpath between points P1, P3 and P4
Bridleways QUA/36/2 and QUA/36/3Between points P5 and P6Work No.4
Parish of Grendon UnderwoodBridleway GUN/28/1Between points P19 and P20Footpath between points P19, P9, P10 and P22
Footpath GUN/29/1Between points P9 and P19Bridleway between points P9, P10 and P22
Footpath GUN/31/1Between points P7 and P8Footpath between points P7, Footpath GUN/29/1 and points P9, P10 and P22
Parish of Calvert GreenFootpath CAG/2/1Between points P11 and P12Footpath between points P11, P13, P14, P15, P17, P18, Work No.5 (part) and point P10

PART 2STREETS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

(1)

Area

(2)

Street to be stopped up

(3)

Extent of stopping up

County of Buckinghamshire

District of Aylesbury Vale

Parish of Grendon UnderwoodBridleway GUN/25/1Between points P8 and P16
Bridleway GUN/25/2Between points P8 and P21
Parish of Calvert GreenBridleway CAG/3/1Between points P23 and P16

Article 6

SCHEDULE 4STREETS TO BE TEMPORARILY STOPPED UP

(1)

Area

(2)

Street to be temporarily stopped up

(3)

Extent of temporary stopping up

County of Buckinghamshire
District of Aylesbury ValeFootpath QUA/24A/1Within Order limits
Parish of QuaintonFootpath QUA/35/1Within Order limits
Bridleway QUA/36/2Within Order limits
Bridleway QUA/36/3Within Order limits
Bridleway QUA/37/1Within Order limits
Parish of Grendon UnderwoodBridleway GUN/28/1Within Order limits
Footpath GUN/29/1 BridlewayWithin Order limits
GUN/30/1 BridlewayWithin Order limits
GUN/31/1 Bridleway GUN/31/2

Between points P7 and P8

Within Order limits

Bridleway GUN/34/1Within Order limits
Bridleway GUN/35/1Within Order limits
Parish of Calvert GreenFootpath CAG/2/1Within Order limits
Parish of WoodhamFootpath WOD/1/4Within Order limits
Parishes of Calvert Green and WoodhamUn-named private road between the A41 Bicester Road and Bridleway QUA/36/2Within Order limits

Article 10

SCHEDULE 5LAND IN WHICH ONLY NEW RIGHTS MAY BE ACQUIRED

(1)

Area

(2)

Number of land shown on the land plans

(3)

Purpose for which rights may be acquired

County of Buckinghamshire,
District of Aylesbury Vale, Parish of Quainton34 to 42Provision of access for maintenance and installation of utility apparatus.
Parish of Woodham1 to 8Provision of access for maintenance and installation of utility apparatus.

Article 10

SCHEDULE 6MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS

Compensation enactments

1.  The enactments for the time being in force with respect to compensation for the compulsory purchase of land apply, with the necessary modifications as respects compensation in the case of a compulsory acquisition under this Order of a right by the creation of a new right and in the case of the imposition of a restrictive covenant, as they apply as respects compensation on the compulsory purchase of land and interests in land.

2.—(1) Without limitation on the scope of paragraph 1, the 1961 Act has effect subject to the modifications set out in sub-paragraph (2).

(2) For section 5A(5A) (relevant valuation date) of the 1961 Act substitute—

(5A) If—

(a)the acquiring authority enter on land for the purposes of exercising a right in pursuance of a notice of entry under section 11(1) of the 1965 Act (as modified by paragraph 5(5) of Schedule 6 to the High Speed Rail (London – West Midlands) (Greatmoor Railway Sidings Etc.) Order 2018 (“the 2018 Order));

(b)the acquiring authority is subsequently required by a determination under paragraph 12 of Schedule 2A to the 1965 Act (as substituted by paragraph 5(8) of Schedule 6 to the 2018 Order) to acquire an interest in the land; and

(c)the acquiring authority enters on land and takes possession of that land,

the authority is deemed for the purposes of subsection 3(a) to have entered on that land when it entered on that land for the purpose of exercising that right.

3.—(1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973(1) has effect subject to the modifications set out in sub-paragraph (2).

(2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 (measure of compensation in case of severance) of the 1965 Act as substituted by paragraph 5(3)—

(a)for the words “land is acquired or taken” substitute “a right or restrictive covenant over land is purchased from or imposed on”; and

(b)for the words “acquired or taken from him” substitute “over which the right is exercisable or the restrictive covenant enforceable”.

Application of Part 1 of the 1965 Act

4.  Part 1 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act, as applied by article 8 (application of Part 1 of the 1965 Act) to the acquisition of land under article 7 (power to acquire land), applies to the compulsory acquisition of a right by the creation of a new right, or to the imposition of a restrictive covenant, under article 10(1), (2) or (3) (power to acquire new rights)—

(a)with the modification specified in paragraph 5; and

(b)with such other modifications as may be necessary.

5.—(1) The modifications referred to in paragraph 4(a) are as follows.

(2) References to the 1965 Act to land are, in the appropriate contexts, to be read (according to the requirements of the particular context) as referring to, or as including references to—

(a)the right acquired or to be acquired, or the restriction imposed or to be imposed; or

(b)the land over which the right is or is to be exercisable, or the restriction is or is to be enforceable.

(3) For section 7 (measure of compensation in the case of severance) of the 1965 Act substitute—

7.  In assessing the compensation to be paid by the acquiring authority under this Act regard must be had not only to the extent (if any) to which the value of the land over which the right is to be acquired or the restrictive covenant is to be imposed is depreciated by the acquisition of the right or imposition of the restrictive covenant, but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.

(4) The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with an interest in land), that is to say—

(a)section 9(4) (failure by owners to convey);

(b)paragraph 10(3) of Schedule 1 (owners under incapacity);

(c)paragraph 2(3) of Schedule 2 (absent and untraced owners); and

(d)paragraphs 2(3) and 7(2) of Schedule 4 (common land),

are modified so as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired or the restrictive covenant which is to be imposed is vested absolutely in the acquiring authority.

(5) Section 11(2) (powers of entry) of the 1965 Act is modified so as to secure that, where the acquiring authority has served notice to treat in respect of any right or restriction, as well as the notice of entry required by subsection (1) of that section (as it applies to a compulsory acquisition under article 8(1)), it has power, exercisable in the equivalent circumstances and subject to the equivalent conditions, to enter for the purpose of exercising that right or enforcing that restriction; and sections 11A(3) (powers of entry: further notices of entry) and 11B(4) (counter-notice requiring possession to be taken on specified date), 12(5) (penalty for unauthorised entry) and 13(6) (entry on warrant in the event of obstruction) of the 1965 Act are modified correspondingly.

(6) Section 20(7) (protection for interests of tenants at will etc.) of the 1965 Act applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or is likely to be caused, by the exercise of the right or the enforcement of the restrictive covenant in question.

(7) Section 22 (interests omitted from purchase) of the 1965 Act (as modified by article 8(7)) is modified so as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired or to enforce the restrictive covenant imposed, subject to compliance with that section as respects compensation.

(8) For Schedule 2A to the 1965 Act substitute—

SCHEDULE 2ACOUNTER-NOTICE REQUIRING PURCHASE OF LAND

Introduction

1.  This Schedule applies where an acquiring authority serves a notice to treat in respect of a right over, or a restrictive covenant affecting the whole or part of a house, building or factory.

2.  In this Schedule “house” includes any park or garden belonging to a house.

Counter-notice requiring purchase of land

3.  A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the authority to purchase the owner’s interest in the house, building or factory.

4.  A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served.

Response to counter-notice

5.  On receiving a counter-notice, the authority must decide whether to—

(a)withdraw the notice to treat,

(b)accept the counter-notice, or

(c)refer the counter-notice to the Upper Tribunal.

6.  The authority must serve notice of its decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”).

7.  If the authority decides to refer the counter-notice to the Upper Tribunal it must do so within the decision period.

8.  If the authority does not serve a notice of decision within the decision period it is to be treated as if it had served notice of a decision to withdraw the notice to treat at the end of the period.

9.  If the authority serve notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in the house, building or factory.

Determination by Upper Tribunal

10.  On a referral under paragraph 7, the Upper Tribunal must determine whether the acquisition of the right or the imposition of the restrictive covenant would—

(a)in the case of a house, building or factory, cause material detriment to the house, building or factory, or

(b)in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs.

11.  In making its determination, the Upper Tribunal must take into account—

(a)the effect of the acquisition of the right or the imposition of the covenant,

(b)the use to be made of the right or covenant proposed to be acquired or imposed, and

(c)if the right or covenant is proposed to be acquired or imposed for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land.

12.  If the Upper Tribunal determines that the acquisition of the right or the imposition of the covenant would have either of the consequences described in paragraph 10, it must determine how much of the house, building or factory the acquiring authority ought to be required to take.

13.  If the Upper Tribunal determines that the acquiring authority ought to be required to take some or all of the house, building or factory, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in that land.

14.(1) If the Upper Tribunal determines that the acquiring authority ought to be required to take some or all of the house, building or factory, the authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land.

(2) If the acquiring authority withdraws the notice to treat under this paragraph they must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice.

(3) Any dispute as to the compensation is to be determined by the Upper Tribunal.

Article 19

SCHEDULE 7APPLICATION OF PROVISIONS OF THE PRINCIPAL ACT

1.  The following provisions of the principal Act apply to the matters which are the subject of this Order on the general assumptions mentioned in paragraph 2—

(a)section 13 (extinction of rights of statutory undertakers), section 18 (enforcement of restrictions on land use), subsection (2) of section 22 (power to disapply deemed planning permission), section 28 (consecrated land), section 29 (commons and open spaces), section 30 (trees), section 43 (co-operation), section 44 (transfer of functions relating to works), section 51 (enforcement of environmental covenants) and section 64 (arbitration);

(b)paragraphs 1 (authority to survey and investigate land etc), 2 to 6 (support of buildings), 7 (trees on neighbouring land), 8 (discharge of water) and 10 (electronic communications apparatus) of Part 1 (further and supplementary provisions) and paragraphs 12 to 14 of Part 2 (exercise of powers of entry etc) of Schedule 2 (works);

(c)paragraphs 10, 12, 14, 16 and 17 of Part 3 (construction and maintenance of highways) of Schedule 4 (Highways);

(d)paragraph 4 (Acquisition of Land Act 1981) of Schedule 6 (Acquisition of Land: application of compulsory purchase legislation);

(e)paragraphs 1, 2 and 3 (water abstraction and impounding), 5 (floods), 6 (drainage) and 9 (interpretation) of Schedule 21 (water);

(f)paragraphs 1 (building regulations), 2 (drain repairs), 3 (drain disconnections) and 6 (interpretation) of Schedule 22 (buildings);

(g)paragraph 3 (permit schemes) of Schedule 24 (street works);

(h)paragraphs 1 (control of noise on construction sites), 2 and 3 (defences to proceedings relating to statutory nuisance) and 4 (disapplication of sections 61(9) and 65(8) of Control of Pollution Act 1974) of Schedule 27 (noise);

(i)paragraphs 1 (Highway (Railway Crossings) Act 1839 (c. 45)), 4 (Railways Clauses Consolidation Act 1845 (c. 20)), 5 (Railways Clauses Act 1863 (c. 92)) and 7 (British Transport Commission Act 1949 (c xxix)) of Schedule 29 (application of other railway legislation etc);

(j)Schedule 30 (arbitration between railway operators); and

(k)Parts 2 (electricity, gas, water and sewerage undertakers), 3 (electronic communications code networks) and 5 (land drainage, flood defence, water resources and fisheries) of Schedule 33 (protective provisions).

The general assumptions

2.  The general assumptions are that references in the principal Act in whatever form (including references inserted or substituted by any provision of that Act in any other enactment)—

(a)to that Act were references to this Order;

(b)to Phase One purposes were references to the authorised works;

Ancillary matters

3.—(1) Regulations made under paragraph 1(2) (control of noise on construction sites) of Schedule 27 to the principal Act have effect in relation to appeals referred to arbitration under subsection (7A) of section 60 or 61 of the Control of Pollution Act 1974(a), as inserted by paragraph 1(1) of Schedule 27 to the principal Act and applied by paragraph 1(h), as they have effect for appeals referred to arbitration under that subsection in relation to works carried out in exercise of the powers conferred by Part 1 of the principal Act.

(2) Rules made under section 64(5) (arbitration) of the principal Act apply to an arbitration under this Order as they apply to an arbitration under Part 1 of the principal Act.

(2)

Section 11 was amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c. 67), section 3 of, and Part 1 of Schedule 1 to, the Housing (Consequential Provisions) Act 1985 (c. 71), section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), sections 186(2), 1872) and 188 of, and paragraph 6 of Schedule 14 and paragraph 3 of Schedule 16 to, the Housing and Planning Act 2016 (c. 22) and S.I. 2009/1307.

(3)

Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016.

(4)

Section 11B was inserted by section 187(2) of the Housing and Planning Act 2016.

(5)

Section 12 was amended by section 56(2 of, and Part 1 of Schedule 9 to, the Courts Act 1971 (c. 23) and paragraph 4 of Schedule 16 to the Housing and Planning Act 2016.

(6)

Section 13 was amended by sections 62(3), 139(4) to (9) and 146 of, and paragraphs 27 and 28 of Schedule 13 and Part 3 of Schedule 23 to, the Tribunals Courts and Enforcement Act 2007 (c. 15).

(7)

Section 20 was amended by paragraph 4 of Schedule 15 to the Planning and Compensation Act 1991 (c. 34) and S.I. 2009/1307.

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